Esquimalt Graving Dock Regulations (SOR/89-332)

Regulations are current to 2019-07-01 and last amended on 2018-09-26. Previous Versions

Esquimalt Graving Dock Regulations

SOR/89-332

DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACT

Registration 1989-06-22

Esquimalt Graving Dock Regulations

P.C. 1989-1199 1989-06-22

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and the Treasury Board, pursuant to sections 24, 28 and 29 of the Public Works Act, is pleased hereby to revoke the Esquimalt Graving Dock Regulations, 1984, made by Order in Council P.C. 1984-2169 of June 21, 1984Footnote *, and to make the annexed Regulations respecting the management and operation of the graving dock at Esquimalt, British Columbia, in substitution therefor.

 [Repealed, SOR/2009-324, s. 2]

Interpretation

 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 by the Manager; (demande)

contractor

contractor[Repealed, SOR/2003-303, s. 8]

day

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

Director

Director[Repealed, SOR/2003-303, s. 8]

dock charge

dock charge[Repealed, SOR/2018-188, s. 1]

dockmaster

dockmaster means the person hired by the agent to supervise and control the docking and undocking of a vessel in the dry dock; (maître de cale sèche)

dry dock

dry dock means the graving dock at Esquimalt, British Columbia; (cale sèche)

dry dock property

dry dock property means the dry dock that is under the management, charge and direction of the Minister and 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)

dry dock section

dry dock section means that portion of the dry dock between the caissons; (section de cale sèche)

entry book

entry book[Repealed, SOR/2009-324, s. 3]

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 system in force before that Convention, a gross registered ton; (jauge brute)

hour

hour means an hour or any part of an hour; (heure)

Manager

Manager means the officer of the Department who is responsible for the management of the dry dock and the dry dock property; (gestionnaire)

marine chemist

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

section

section[Repealed, SOR/2009-324, s. 3]

Superintendent

Superintendent[Repealed, SOR/95-462, s. 1]

working day

working day means any day other than a holiday. (jour ouvrable)

working vessel

working vessel[Repealed, SOR/2009-324, s. 3]

  • SOR/95-462, s. 1
  • SOR/2003-303, s. 8
  • SOR/2009-324, s. 3
  • SOR/2018-188, s. 1

Responsibility

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

PART IDry Docking of Vessels

Entry into the Dry Dock

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

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

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

    • (b) the agent and the Manager 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) the date of entry and estimated duration referred to in paragraph (b) and the name of the vessel are recorded in the application;

    • (d) the agent signs the application;

    • (e) the booking charge referred to in item 1 of the schedule is paid to the Manager;

    • (f) any cash deposit or bond required under section 8 is given to the Manager;

    • (g) written information that indicates the dockmaster’s complete record and experience in the docking of vessels together with a copy of the docking procedures, including operating, communications and equipment procedures to be used by the dockmaster in docking the vessel, are submitted to the Manager; and

    • (h) proof of indemnification is provided to the Manager.

  • (3) The Manager may refuse to authorize a vessel to enter the dry dock if the activities referred to in subsection (2) are not carried out or if, after reviewing the information submitted pursuant to that subsection, the Manager concludes on reasonable grounds that the docking of the vessel will not be carried out safely.

  • SOR/95-462, ss. 2, 9
  • SOR/2009-324, s. 4
  •  (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 authorization under section 4 is cancelled;

    • (b) [Repealed, SOR/2009-324, s. 5]

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

      • (i) the dock charge referred to in item 2 of the schedule 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 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 Manager under section 7 in respect of another vessel; or

    • (b) weather conditions.

  • (3) [Repealed, SOR/2009-324, s. 5]

  • SOR/95-462, s. 9
  • SOR/2009-324, s. 5
  •  (1) Before a vessel enters the dry dock, the Manager shall provide the agent with the number of keel and bilge blocks necessary for the shape of that vessel.

  • (2) The keel blocks provided in accordance with subsection (1) shall be 1.55 m high.

  • (3) The agent shall set up the bilge blocks for the vessel no later than three hours before the vessel is expected to enter the dry dock, and the Manager shall set up the keel blocks.

  • SOR/95-462, ss. 3, 9

Priorities

 The Manager may permit a vessel to enter the dry dock before other vessels if the vessel is in a condition that necessitates its immediate entry into the dry dock.

  • SOR/95-462, s. 9
  • SOR/2003-303, s. 9
  • SOR/2009-324, s. 6

 If an application is made in respect of a vessel that is not of Canadian registry and the agent is not a resident of Canada, the Manager may, before authorizing entry of the vessel, require that agent to give a cash deposit or post a bond, with two sureties, in an amount that is sufficient to pay the applicable dock charges for the period for which application is made for that vessel.

  • SOR/95-462, s. 9
  • SOR/2009-324, s. 6

Damage to Dry Dock

 Where damage to the dry dock or dry dock property is caused by a vessel, the crew of the vessel, the agent, an independent contractor or an employee of the agent or independent contractor, or by the failure of any equipment owned or operated by the agent, by the independent contractor or by an employee of the agent or independent contractor, the agent shall deposit with the Manager 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.

  • SOR/95-462, s. 9
  • SOR/2003-303, s. 10(F)
 
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