Selkirk Marine Railway Dry Dock Regulations, 1989 (SOR/89-331)

Short Title

1 These Regulations may be cited as the Selkirk Marine Railway Dry Dock Regulations, 1989.

Interpretation

2 In these Regulations,

agent

agent means the person who makes an application in respect of a vessel; (agent)

application

application means an application for the use of the dry dock, in the form set out in Schedule I; (demande)

day

day means, in respect of the calculation of a dock charge, any period of 24 consecutive hours; (jour)

dock charge

dock charge means any tolls or dues set out in column II of an item of Schedule II; (droits de cale sèche)

dry dock

dry dock means the Marine Railway Dry Dock at Selkirk, Manitoba; (cale sèche)

dry dock property

dry dock property means the land at Selkirk, Manitoba, on which the dry dock is situated that is under the management, charge and direction of the Minister and includes all other property of the Government of Canada that is used, or is for use, in connection with the dry dock, other than property that is under lease to any third party; (terrain de la cale sèche)

entry book

entry book means a book for recording reservations for the dry dock and other information in respect of the dry docking of vessels; (registre)

Gas Hazard Control Standards

Gas Hazard Control Standards means the Standard for the Control of Gas Hazards in Vessels to be Repaired or Altered, published in March 1984 by the Ship Safety Branch of the Department of Transport, having reference number TP 3177E; (Normes pour la protection contre les dangers des gaz)

gross tonnage

gross tonnage means, in respect of a vessel, the gross tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships, 1969 or, in the case of a vessel that is registered under the tonnage measurement in force before that Convention, a gross registered ton; (jauge brute)

Manager

Manager means the officer of the Department at Edmonton, Alberta, who is responsible for the operation and maintenance of the dry dock; (gestionnaire)

marine chemist

marine chemist has the same meaning as in the Gas Hazard Control Standards; (chimiste de la marine)

Superintendent

Superintendent means the officer of the Department at Selkirk, Manitoba, who is responsible for the dry dock property; (surintendant)

winter term

winter term means a period commencing on November 1 in any year and ending on May 14 in the following year. (saison d’hiver)

Responsibility

3 Where a vessel uses the dry dock or dry dock property the agent shall ensure that the vessel does not enter, remain on or leave the dry dock except in accordance with these Regulations.

PART IDry Docking of Vessels

Entry into the Dry Dock

• 4 (1) No vessel shall enter the dry dock unless authorized to do so by the Superintendent in accordance with subsection (2).

• (2) The Superintendent may authorize a vessel to enter the dry dock if

  • (a) an application is completed in respect of the vessel and submitted to the Superintendent;

  • (b) the agent and the Superintendent agree on the date of entry of the vessel into the dry dock and the estimated duration of its stay in the dry dock;

  • (c) subject to subsection (3), the date of entry and estimated duration referred to in paragraph (b) and the name of the vessel are recorded in the entry book;

  • (d) the agent signs the entry book;

  • (e) the dock charge set out in column II of item 1 of Schedule II is paid to the Superintendent; and

  • (f) any cash deposit or bond required under subsection (3) is deposited with the Superintendent.

• (3) The Superintendent may, before recording the name of a vessel in the entry book, require the agent to give a cash deposit or post a bond, with two sureties, in an amount that is sufficient to pay the dock charges for the period for which application is made for that vessel.

• 5 (1) Subject to subsection (2), where a vessel fails to enter the dry dock on the date agreed on pursuant to paragraph 4(2)(b),

  • (a) the name of the vessel shall be deleted from the entry book;

  • (b) subject to subsection (3), the vessel may not enter the dry dock on a subsequent date pursuant to the authorization obtained pursuant to subsection 4(2); and

  • (c) the agent shall, within three days after the date agreed on, pay to the Superintendent

    • (i) the dock charge set out in column II of item 2 of Schedule II for each day the dry dock is vacant by reason of the vessel having failed to enter the dry dock on that date, and

    • (ii) the applicable dock charge set out in column II of an item of Schedule II payable for any service provided in connection with the preparation of the dry dock for entry by the vessel.

• (2) Subsection (1) does not apply in respect of a vessel that fails to enter the dry dock on the date agreed on where that failure is a result of

  • (a) permission given by the Superintendent under section 6 in respect of another vessel; or

  • (b) weather conditions.

• (3) The Superintendent may, in respect of the entry into the dry dock of a vessel referred to in subsection (1) or (2), re-record in the entry book the name of the vessel and a subsequent date agreed on by the Superintendent and the agent if the dry dock is available on that subsequent date.

Priorities

• 6 (1) The Superintendent may permit a vessel to enter the dry dock before other vessels, the names of which are recorded in the entry book, if the vessel appears to be in a condition that necessitates its immediate entry into the dry dock.

• (2) Where the Superintendent permits a vessel to enter the dry dock before other vessels pursuant to subsection (1), the Superintendent shall report the reasons therefor to the Manager.

Damage to Dry Dock

7 Where damage to the dry dock or the dry dock property is caused by a vessel, the crew of the vessel, the agent, an employee of the agent, an independent contractor or an employee of the independent contractor, or by the failure of any equipment owned or operated by the agent, by an employee of the agent, by an independent contractor or by an employee of the independent contractor, the agent shall deposit with the Superintendent an amount of money that is sufficient to indemnify the Crown for the damage or shall post a bond in that amount, with two sureties.

Inspection of Vessels

8 Where a vessel enters the dry dock, the agent shall, within three days after the dry dock is pumped out, inspect the vessel and, if necessary, revise the estimated duration of stay recorded in the entry book pursuant to paragraph 4(2)(c) and report that revision to the Superintendent for recording in the entry book.

Lighting of Vessels

9 Every vessel that is in the dry dock shall, between sunset and sunrise, display adequate lighting at each end of every gangway of the vessel.

Protection of Dry Dock and Dry Dock Property

10 The Superintendent shall manage and protect the dry dock and dry dock property.

Movement of Vessels

11 Where a vessel enters or leaves the dry dock, the agent shall have available the number and kind of tugboats necessary for the proper handling of the vessel.

Duration of Stay in Dry Dock

12 No vessel shall remain in the dry dock longer than the estimated or revised duration of stay recorded in the entry book pursuant to paragraph 4(2)(c) or section 8, and any further time that may be permitted by the Superintendent pursuant to section 13.

13 Where repairs to a vessel in the dry dock cannot be completed within the estimated or revised duration of stay recorded in the entry book pursuant to paragraph 4(2)(c) or section 8, the Superintendent may permit that vessel to remain in the dry dock for such further time as is necessary to complete the repairs if no other vessel’s name is recorded in the entry book for entry into the dry dock during that time.

• 14 (1) Where, pursuant to section 12, a vessel leaves the dry dock before the repairs to the vessel have been completed, the agent shall, on any re-entry of the vessel to complete those repairs, pay to the Superintendent the dock charge set out in column II of item 3 of Schedule II.

• (2) The agent shall pay the dock charge set out in column II of item 2 of Schedule II in respect of the installation of keel and bilge blocks on any re-entry of the vessel into the dry dock.

Cleaning of Dry Dock

15 Before a vessel leaves the dry dock, the agent shall

• (a) remove from the dry dock and adjacent dry dock property all equipment, machinery other than machinery that is permanently affixed to the dry dock and adjacent dry dock property, and materials and scaffolding used in any repairs to the vessel;

• (b) remove from the dry dock and dry dock property, including gutters, water tunnels, sumps, valves, pumps and other dock equipment contained therein, any oil and any residue that have escaped from the vessel;

• (c) remove from the dry dock and dry dock property all traces of sand from sandblasting operations and all other refuse produced during any repairs to the vessel; and

• (d) do any other cleaning of the dry dock and dry dock property that is required as a result of the dry docking of the vessel.

Explosive Material and Oil Carried on Board Vessels

• 16 (1) Subject to subsections (2) and (3), where a vessel that has been authorized to enter the dry dock in accordance with subsection 4(2) carries any explosive material on board, the vessel shall not enter the dry dock until the explosive material has been removed from the vessel.

• (2) Subject to subsection (3), where a vessel that has been authorized to enter the dry dock in accordance with subsection 4(2) carried on its last voyage any oil with a flash-point below 23°C, the vessel shall not enter the dry dock until the agent submits to the Superintendent a certificate issued by a marine chemist in accordance with the Gas Hazard Control Standards.

• (3) Subsection (2) does not apply in respect of a vessel carrying, in a bunker or tank, oil intended for consumption on board the vessel if no work is to be done to the bunker or tank or to the fuelling or ventilation pipes of the bunker or tank or in the area immediately surrounding the bunker or tank or the fuelling or ventilation pipes of the bunker or tank.

17 Where, as a result of a delay caused by compliance with section 16, a vessel enters the dry dock after the date agreed on pursuant to paragraph 4(2)(b), the agent shall pay to the Superintendent the applicable dock charge set out in column II of item 5 of Schedule II for each day the dry dock is kept vacant while awaiting the entry of the vessel.

Use of Dry Dock and Dry Dock Property

• 18 (1) No person shall use keel blocks, bilge blocks or other dry dock property without obtaining the authorization of the Superintendent.

• (2) The Superintendent shall authorize the use of keel blocks, bilge blocks or other dry dock property if that property is available.

19 No person shall damage or set adrift any blocks, poles, shores, planks, machines, stores, water cisterns, scaffolding, pipes, tackle or other dry dock property.

20 No person shall throw any object or material from the dry dock cradle or walls.

21 [Repealed, SOR/2003-303, s. 3]

• 22 (1) No vessel shall be bunkered in the dry dock without the authorization of the Superintendent.

• (2) The Superintendent may authorize a vessel to be bunkered in the dry dock if

  • (a) a fire watch is kept at the fuelling connection on the vessel; and

  • (b) all work on the exterior of the vessel is suspended for the duration of the bunkering operations.

23 Any vessel lying afloat in the dry dock or moored at a wharf or to the dry dock entrance, or to any part of the dry dock property other than the dry dock, shall be kept ready to move immediately on request by the Superintendent.

• 24 (1) No person, other than a person authorized by the Superintendent pursuant to subsection (2), shall load, unload or place on the dry dock property any shipment of marine equipment or cargo that is destined for or originates from any vessel or any shipment that is intended for transshipment at one of the Government of Canada wharves on the dry dock property.

• (2) The Superintendent may authorize a person to load, unload or place on the dry dock property any equipment, cargo or shipment described in subsection (1) where the only space available is on the dry dock property.

• 25 (1) No person shall store on the dry dock property any cargo, building materials, equipment or machinery that is destined for or originates from a vessel using any part of the dry dock property or that belongs to or is in the custody or control of the agent except as authorized by the Superintendent pursuant to subsection (2).

• (2) The Superintendent may authorize a person to store the cargo, building materials, equipment or machinery referred to in subsection (1), where the cargo, building materials, equipment or machinery are necessary for repairing or building a vessel.

Refuse

26 Where the crew of a vessel live on board the vessel while the vessel is in the dry dock, the agent shall remove from the dry dock property all sewage, garbage, sweepings, ashes or other refuse from the vessel.

• 27 (1) Where a vessel is in the dry dock, the agent shall keep the entrances to the water-closets and urinals of that vessel locked or fastened.

• (2) No person shall use the water-closets or urinals of a vessel while it is in the dry dock.

Winter Conditions

28 Where the temperature approaches the freezing point, the Superintendent shall advise the agent to launch the vessel immediately or pay the dock charge set out in column II of item 6 or 7 of Schedule II.

PART IIWinter Term

29 No vessel may remain in the dry dock for a winter term except in accordance with this Part.

• 30 (1) The Superintendent may authorize a vessel to remain in the dry dock for a winter term if the agent

  • (a) has complied with subsection 4(2); and

  • (b) pays to the Superintendent the applicable dock charges set out in column II of items 2 to 7 of Schedule II.

• (2) Where the Superintendent authorizes a vessel to use a dry dock for a winter term, and no repairs are to be done to the vessel during that term, the agent shall, before the vessel enters the dry dock, pay to the Superintendent the dock charge set out in column II of item 6 or 7 of Schedule II.

• (3) Where a vessel remains in the dry dock after the end of a winter term, the agent shall pay to the Superintendent the applicable dock charge set out in column II of item 5 of Schedule II for each day the vessel is in the dry dock after the end of the winter term.

PART IIIDock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property

31 For the purpose of calculating the dock charges payable for use of the dry dock or of dry dock property or for services provided in respect of a vessel,

• (a) a vessel is docked when it has been hauled out of the water on the dry dock cradle and is undocked when the dry dock and the dry dock property are cleaned as required by section 15 and the vessel leaves the dry dock cradle;

• (b) subject to paragraph (c), where a vessel has two gross tonnages on entry into the dry dock, dock charges shall be calculated in respect of the gross tonnage that is the greater; and

• (c) where a vessel is lengthened or modified while in the dry dock in a manner that results in a change in the gross tonnage of the vessel, dock charges shall be calculated in respect of the average of the gross tonnage of the vessel immediately before it entered the dry dock and the gross tonnage of the vessel immediately after the lengthening or modification.

• 32 (1) Where a vessel uses the dry dock or dry dock property or is provided with a service set out in column I of an item of Schedule II, the agent shall pay to the Superintendent the applicable dock charge set out in that Schedule.

• (2) Subject to section 34 and subsection 35(2), the dock charge set out in column II of item 5 of Schedule II is payable in respect of a vessel to the extent that it exceeds the amount of the dock charge set out in column II of item 1 of that Schedule.

• (3) Where a vessel leaves the dry dock five hours or less after the beginning of a day, the dock charge for that day shall be one half of the applicable dock charge set out in column II of item 5 of Schedule II that is payable in respect of the vessel for that day.

33 Where, by arrangement with the Superintendent, a vessel is dry docked or launched on a Saturday or holiday, the amount representing the overtime differential wages of all employees and related costs shall be added to the applicable dock charges set out in column II of items 2, 3 and 4 of Schedule II.

34 No dock charges are payable in respect of a vessel during a period in which the vessel is detained on the dry dock by weather conditions if during that period no work is done that would require the dry docking of the vessel.

• 35 (1) The Superintendent may detain a vessel in the dry dock when repairs to another vessel in the dry dock have not been completed.

• (2) No dock charges are payable in respect of a vessel detained pursuant to subsection (1) if, during that detention, no repairs are effected that would require the dry docking of the vessel.

• 36 (1) Subject to subsection 35(2), where a vessel is not removed from the dry dock within 48 hours after the day on which the stay in respect of which an agreement referred to in paragraph 4(2)(b) was made was estimated to end pursuant to that agreement, an additional charge as set out in column II of item 8 of Schedule II is payable to the Superintendent in respect of that vessel, after the expiration of the period of 48 hours unless

  • (a) no other vessel is waiting to use the dry dock; or

  • (b) the delay in the removal of the vessel was caused by circumstances that were beyond the control of the agent and that the agent could not have anticipated.

• (2) No vessel shall be kept in the dry dock more than 14 days after the stay in respect of which an agreement referred to in paragraph 4(2)(b) was made was estimated to end pursuant to that agreement.

• 37 (1) No person shall remove a vessel from the dry dock until the dock charges owing in respect of the vessel have been paid.

• (2) Where dock charges owing in respect of a vessel are not paid and the vessel is in the dry dock, the Minister may seize the vessel and its cargo and, after giving the agent 60 days notice in writing, may sell the vessel or its cargo or both.

PART IVFines

38 Every person who contravenes any provision of these Regulations is liable to a fine in the amount of $400.