Canadian Vickers Dry Dock Regulations (SOR/67-346)

Short Title

1 These Regulations may be cited as the Canadian Vickers Dry Dock Regulations.

Interpretation

2 In these Regulations,

Company

Company means Canadian Vickers Limited; (Compagnie)

dock-master

dock-master means a dock-master, manager or other person in charge of a Dry Dock; (maître de bassin)

Dry Dock

Dry Dock means The Duke of Connaught Dry Dock or The General Georges P. Vanier Dry Dock of the Company, as the case may be. (cale sèche)

Tariff of Fees and Charges

• 3 (1) Subject to these Regulations, the fees for use of a Dry Dock by a vessel are as set out in Schedule A, and are payable to the Company by the owner of the vessel.

• (2) Dry Dock fees and the charges for the work done are, at the option of the Company, payable by the owner of a vessel before the vessel leaves the Dry Dock.

• (3) The owner of a vessel shall pay the cost of all shores, staging, stage poles, trestles, keel blocks and other equipment cut, broken, or rendered useless by the vessel in entering or leaving the Dry Dock.

• (4) When two or more vessels are docked together, each vessel shall be charged individually in accordance with these Regulations, except that if one vessel is ready to leave the Dry Dock before the other vessel, the Company may float the other vessel, if it is in fit condition, and re-dock it, but no charge shall be made therefor or for the time taken.

• (5) Subject to subsection (6), in calculating the fees payable under these Regulations

  • (a) fees payable at a rate “per day” shall be calculated on each period of twenty-four hours or part thereof; and

  • (b) fees payable at a rate “per ton” shall be calculated on the gross tonnage ascertained from the current edition of the Lloyds Register of Shipping or the certificate of the vessel except that in the case of naval vessels the fees shall be calculated by displacement.

• (6) The fees “per day” set out in Schedule A

  • (a) are payable for any time required for cooling a vessel’s engines while it is being docked and for warming its engines in preparation for its being moved out of a Dry Dock; and

  • (b) are not payable in respect of any portion of a docking period that is a Sunday or holiday of the Company if no work is done on the vessel on that day.

• (7) The fees payable under these Regulations do not include pilotage charges and charges for preparing or shifting keel and bilge blocks or shores for painting or repairs.

Admission to Dry Docks

• 4 (1) No vessel shall be admitted into a Dry Dock until

  • (a) application for use of a Dry Dock has been made to the Company in the form set out in Schedule B;

  • (b) the time and manner of its entry and the purpose and duration of its stay in the Dry Dock have been

    • (i) agreed upon with the Company, and

    • (ii) entered in an entry book to be kept by the Company for that purpose; and

  • (c) the entry fee set out in Schedule A has been paid to the Company.

• (2) The entry book referred to in subsection (1) shall be open to public inspection.

• (3) Where a vessel is not ready to be admitted into a Dry Dock at the time arranged, the vessel shall, if required by the dock-master, stand aside for any other vessel.

• (4) Subject to subsection (5), the entry fee set out in Schedule A is payable as a deposit towards the full fees payable for use of the Dry Dock by a vessel.

• (5) Where a vessel is not ready to be admitted to a Dry Dock at the time arranged,

  • (a) the entry fee shall be forfeited to the Company; and

  • (b) the owner or master of the vessel shall pay to the Company

    • (i) the full dockage fees for one day,

    • (ii) on demand, in respect of any period beyond the first day that a Dry Dock is vacant by reason of the non-arrival of the vessel, fees equal to the fees that would have been payable by him if the vessel had occupied the Dry Dock during that period, and

    • (iii) on demand, any other costs and damages incurred by the Company as a result of the non-arrival of the vessel.

Docking

• 5 (1) Every vessel shall have sufficient men on board to manoeuvre the vessel while it is entering or leaving a Dry Dock.

• (2) All orders of the dock-master regarding the moving of a vessel into or out of a Dry Dock shall be obeyed by the captain and crew of the vessel.

• (3) The number of tugs required for towing a vessel from berth to a Dry Dock and back, shall be fixed by the harbour pilot or the persons responsible for the vessel’s navigation.

• (4) While a vessel is in a Dry Dock, its captain and crew shall obey all reasonable orders issued by the dock-master.

• (5) The orders referred to in subsection (4) shall be in writing if the captain of the vessel so requires.

• (6) A vessel shall not enter a Dry Dock until requested to do so by signal from the dock-master.

• (7) No vessel shall enter a Dry Dock under her own steam unless specifically requested to do so by the dock-master but shall be warped in under the control of the dock-master or moved by the use of tugs, as the dock-master sees fit.

• (8) The propellers or side wheels of a vessel shall not be moved without the permission of the dockmaster while the vessel is in a Dry Dock.

Use of a Dry Dock

• 6 (1) A vessel using a Dry Dock shall be trimmed and upright to the reasonable satisfaction of the dock-master.

• (2) Unless the permission of the dock-master is first obtained,

  • (a) no anchors or cables shall be lowered to the pontoon deck of a floating dock or the Dry Dock floor of a graving dock; and

  • (b) while the vessel is in a Dry Dock

    • (i) no steam shall be blown off,

    • (ii) no water shall be removed from the boilers or tanks, and

    • (iii) no appreciable change shall be made in the distribution of the weight of the vessel or her contents.

• (3) No person other than the dock-master shall remove or alter any position of any of the supports on which a vessel rests.

Abnormal Risks

7 Where abnormal risks are involved in docking a vessel,

• (a) the owner of the vessel shall bear the risks and shall pay for any damage thereby ensuing to a Dry Dock or the Company’s property;

• (b) the Company may exact a bond or other guarantee to protect it from all loss caused as a result of the use of the Dry Dock by the vessel; and

• (c) the owner of the vessel shall pay the extra cost of preparing a Dry Dock for the reception of the vessel and, in addition to the applicable fees set out in Schedule A shall pay a surcharge of twenty per cent of those fees.

Manifest of Cargo

8 The owner or agent of a vessel in a Dry Dock shall, when required by the Company, produce the manifest of the cargo of the vessel docked as evidence of the quantity liable for dockage fees.

Damage to Vessel

• 9 (1) The Company is not liable

  • (a) for any damage that may be caused to a vessel while in a Dry Dock or while entering or leaving a Dry Dock; or

  • (b) for any damage arising from any delay to the vessel unless the damage was caused by the Company.

• (2) When a vessel is about to leave a Dry Dock the owner of the vessel shall ensure that the inlet and outlet valves and all the openings in the vessel’s bottom below the water are closed.

Order of Docking

• 10 (1) Subject to subsection (2), vessels shall dock in the order in which they have been booked, but the Company may alter the sequence in unusual cases.

• (2) Her Majesty’s ships of war and vessels in distress involving risk of foundering shall at all times have priority of docking over all vessels entered in the entry book.

Repairs

• 11 (1) Where

  • (a) it appears that the repairs to a vessel in a Dry Dock will require longer use of a Dry Dock than was at first anticipated, and

  • (b) the Dry Dock has been engaged by another vessel for a definite time,

  the repairs to the vessel in that Dry Dock shall be completed to the extent necessary to enable it to leave the Dry Dock, and the vessel shall, if required by the dock-master, then leave the Dry Dock.

• (2) A vessel that leaves a Dry Dock pursuant to subsection (1) may re-enter a Dry Dock as soon as one is available.

• (3) A vessel that leaves and re-enters a Dry Dock pursuant to this section is not, in respect of its second entry, required to pay any entry fee or any fees for pumping out and submerging the dock.

12 All repairs to vessels using a Dry Dock shall be carried out only by men employed by the Company unless otherwise specially arranged.

Refuse

13 Ashes and refuse shall be disposed of as directed by the dock-master and any expenses incurred in removing them shall be borne by the owner of the vessel.

14 No discharge shall be made from the soil pipes or scuppers of a vessel while in a Dry Dock, except where connected to a Dry Dock sewage system.

Foreign Vessels

15 Where any person wishes to engage a Dry Dock for a foreign vessel for which there is no owner or responsible agent resident in Canada, the Company may, before the vessel enters the Dry Dock, require either a bond with two solvent sureties or a cash deposit, in an amount equal to the estimated amount of dockage fees and cost of work to be done on the vessel.

Refusal to Obey Orders

16 Where the captain, officers or any of the crew of a vessel refuse to obey any of the provisions of these Regulations, the Company may float the vessel and remove it from a Dry Dock, and any cost incurred in so doing shall be paid by the owner of the vessel.

Emergencies

• 17 (1) Where, in the opinion of the Company, it is advisable to remove a vessel from a Dry Dock due to

  • (a) an emergency that is liable to endanger a vessel or any property of the Company, or

  • (b) a fire occurring on a vessel or in or about a Dry Dock,

  the Company may float the vessel and cause it to be removed from the Dry Dock.

• (2) Where a fire occurring on board a vessel is caused by the vessel’s officers or crew, the cost of any work done to enable the vessel to be removed from a Dry Dock and any damage done to the property of the Company shall be paid by the owner of the vessel.

Accidents to Dock Workmen

18 The owner of a vessel is liable for any injuries caused to dock workmen due to any fault or carelessness on the part of his employees or persons under his control.

Damages to Dry Dock

19 Where any damage is caused to a Dry Dock or other property of the Company due to any fault or carelessness of the employees of the owner of a vessel or persons under his control, the owner of the vessel shall pay the cost of making good such damage, and shall compensate the Company for any loss of dockage fees and charges and other consequential damages that may be sustained by the Company during the time the damage is being repaired.

Floating Dry Docks

20 No vessel shall lie alongside or shall be attached to a Floating Dry Dock without special permission of the Company.

Explosives

• 21 (1) Subject to subsection (2), no vessel shall enter a Dry Dock with any explosive material on board, or carrying or having carried on its current voyage oil with a flashing point below twenty-three degrees Celsius, unless the owner of the vessel furnishes a certificate given by a competent analyst that all tanks and holds of the vessel are free from inflammable vapour.

• (2) Subsection (1) does not apply to any vessel that is owned and operated by the Government of Canada.

Oil

• 22 (1) No oil burning or oil carrying vessel shall enter a Dry Dock until such precautions to prevent the leaking of oil from the vessel as may be required by the dock-master have been taken.

• (2) Where a dock-master considers it necessary, he may require the cargo or oil tanks of a vessel referred to in subsection (1) to be cleared before the vessel enters a Dry Dock.

• (3) Cargo and oil tanks required by the dock-master pursuant to subsection (1) to be cleared shall be thoroughly steamed out and ventilated in such a manner as to expel therefrom all gases and other dangerous or explosive fumes, and the owner or agent of a vessel shall, before repairs are undertaken therein, furnish a certificate given by a competent analyst that all tanks and holds of the vessel are free of inflammable vapour.