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

• 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.