Esquimalt Graving Dock Regulations (SOR/89-332)

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

PART IDry Docking of Vessels (continued)

Winter Conditions (continued)

  •  (1) No vessel shall enter or leave the dry dock if the temperature at the dry dock is below 0°C unless the caissons and related equipment have been heated and the keel and bilge blocks have been secured in accordance with subsection 31(2).

  • (2) The agent shall, within seven days after the vessel leaves the dry dock, replace any keel or bilge blocks that have been carried away by the vessel, whether or not those blocks were secured in accordance with subsection 31(2).

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

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

  • (a) a vessel is docked when it enters the dry dock and the gate of the dry dock is closed, and is undocked when the dry dock and the dry dock property are cleaned as required by section 18 and the vessel leaves the dry dock;

  • (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.

 If a vessel uses the dry dock or dry dock property or is provided with a service set out in the Schedule, the agent shall pay to the Manager the applicable dock charge for that use or that service.

  • SOR/95-462, s. 9
  • SOR/2009-324, s. 13

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

  •  (1) The Manager may detain a vessel in the dry dock where 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.

  • SOR/95-462, s. 9
  •  (1) The dock charges for the period beginning on April 1, 2018 and ending on March 31, 2019 are the base charges set out in column 2 of the schedule.

  • (2) Commencing on April 1, 2019, and annually after then on that date, the dock charges will be increased, to the nearest cent, by the amount determined by the following formula:

    A + B

    where

    A
    is the average of the Government of Canada benchmark 10-year bond yields as published monthly by the Bank of Canada for the first six months of the previous calendar year; and
    B
    is equal to 1%.
  • SOR/2009-324, s. 14
  • SOR/2018-188, s. 2
  •  (1) No person shall undock 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 IIIFines

 Every person who contravenes any provision of these Regulations is liable to a fine of $5,000.

  • SOR/2009-324, s. 15
 
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