Esquimalt Graving Dock Regulations

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 Manager

  • (i) the applicable dock charges 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 Manager under section 7 in respect of another vessel; or

• (b) weather conditions.

(3) The Manager 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 Manager and the agent, if the dry dock is available on that subsequent date.