Vol. 132, No. 37 — September 12, 1998

By-law Amending the Quebec Harbour Dues By-law

Statutory Authority

Canada Ports Corporation Act

Sponsoring Agencies

Canada Ports Corporation and Port of Quebec Corporation

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

This order approves of Port of Quebec Corporation changing harbour dues for Québec Harbour from time to time until January 1, 2002, at a rate not to exceed 4 percent.

Alternatives Considered

Section 13 of Schedule I to the Canada Ports Corporation Act requires harbour dues rates for entry into the harbour to be set by by-law made by the Corporation, after recommendation by the Canada Ports Corporation and approval by Governor in Council.

Anticipated Impact

As changes in harbour dues pursuant to the order are restricted to 4 percent per year, any such change would not impede access to the harbour unduly, while helping maintain the financial self-sufficiency of the Corporation, all of which is in accordance with the objective of the national ports policy expressed in section 3 of the Canada Ports Corporation Act. Pleasure craft, most ferries and Canadian-registered fishing vessels less than 50 tons gross register are exempt from harbour dues.

The Corporation considers that such a change will not have a significant adverse impact on the environment. The assessment report will be made available on request when the order is published.

Consultation

All major harbour users will be advised of harbour dues changes. In addition, the maximum change has been approved by the board of directors of Canada Ports Corporation and the actual change will be approved by the board of directors of Port of Quebec Corporation. The Canada Ports Corporation Act requires the former to be representative of national, regional and local interests essential to port activities and the latter to be representative of the regional and local population and interests in the management of the port of Québec.

Compliance Mechanism

The Canada Ports Corporation Act provides for a lien on a vessel, the withholding of Customs clearance, and the seizure, detention and sale of the vessel upon failure to pay harbour dues. That Act also provides that every person who violates the By-law is guilty of an offence and is liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.

Contact

R. Gaudreault, President and Chief Executive Officer, Port of Quebec Corporation, P.O. Box 2268, Québec, Quebec G1K 7P7, (418) 648-3558.

PROPOSED REGULATORY TEXT

Notice is hereby given that, pursuant to section 13 (see footnote a) of Schedule I to the Canada Ports Corporation Act, the Port of Quebec Corporation proposes to make, by way of a certified resolution in the annexed form, such amendments as may be required from time to time, in the form set out in the annexed By-law Amending the Quebec Harbour Dues By-law, to the rates set out in column II of the schedule to the Quebec Harbour Dues By-law (see footnote b), provided that, in respect of each rate that is the subject of an amendment made pursuant to the approval of the Governor in Council,

(a) where the rate has not previously been amended pursuant to that approval, the amendment does not change the rate by more than 4 percent per year from the rate effective on January 1, 1997;

(b) where the rate has previously been amended pursuant to that approval, the amendment does not change the rate by more than 4 percent per year from the rate effective on the day on which the most recent amendment of the rate came into effect; and

(c) the amendment does not come into effect after January 1, 2002.

Interested persons may make representations with respect to the proposed By-law within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to R. Gaudreault, President and Chief Executive Officer, Port of Quebec Corporation, P.O. Box 2268, Québec, Quebec G1K 7P7, (418) 648-3558 (Telephone), (418) 648-4160 (Facsimile).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 2, 1998

MICHEL GARNEAU
Assistant Clerk of the Privy Council

RESOLUTION

Whereas the Governor in Council, on the recommendation of the Minister of Transport and the Canada Ports Corporation, has, by Order in Council P.C. _________ of ___________ , ______ , approved the making of the annexed By-law Amending the Quebec Harbour Dues By-law;

Therefore, the Port of Quebec Corporation, pursuant to section 13 (see footnote c) of Schedule I to the Canada Ports Corporation Act, hereby makes the annexed By-law Amending the Quebec Harbour Dues By-law.

I,____________________, Secretary of the Port of Quebec Corporation, hereby certify that the foregoing resolution was made on __________________, ____________ .

_________________________, ______

_____________________________________

Secretary

Port of Quebec Corporation

BY-LAW AMENDING THE QUEBEC
HARBOUR DUES BY-LAW

AMENDMENT

1. The schedule(see footnote 1) to the Quebec Harbour Dues By-law(see footnote 2) is replaced by the following:

SCHEDULE
(Section 5)

HARBOUR DUES

Item	Column 1 Description	Column 2 Rate ($)
1.	A vessel that ordinarily uses only the harbour and is engaged in commercial activity therein, for each year or part thereof, (a) in the case of a self-propelled vessel, (i) not more than 100 registered gross tons (ii) more than 100 but not more than 200 registered gross tons (iii) more than 200 registered gross tons (b) in the case of a scow, (i) not more than 50 registered gross tons (ii) more than 50 but not more than 100 registered gross tons (iii) more than 100 registered gross tons (c) in the case of a non-self-propelled vessel other than a scow
2.	(1) A vessel referred to in item 1 that departs from and comes into the harbour again, for each time it comes into the harbour, per registered gross ton (2) The minimum payable under subitem (1) is
3.	(1) A vessel, other than a vessel referred to in item 2, that comes into the harbour, for each time it comes into the harbour, (a) in the case of a vessel of Canadian registry engaged, at the time it comes into the harbour, in the carriage by water of goods or passengers from a place in Canada to another place in Canada, per registered gross ton (b) in the case of a vessel other than a vessel referred to in paragraph (a), per registered gross ton (2) The minimum payable under paragraph (1)(a) is (3) The minimum payable under paragraph (1)(b) is

COMING INTO FORCE

2. This By-law comes into force on the date on which it is registered.

[37-1-o]

By-law Amending the St. John's Harbour Dues By-law

Statutory Authority

Canada Ports Corporation Act

Sponsoring Agencies

Canada Ports Corporation and St. John's Port Corporation

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

This order approves of St. John's Port Corporation changing harbour dues for St. John's Harbour from time to time until January 1, 2002, at a rate not to exceed 4 percent.

Alternatives Considered

Section 13 of Schedule I to the Canada Ports Corporation Act requires harbour dues rates for entry into the harbour to be set by by-law made by the Corporation after recommendation by the Canada Ports Corporation and approval by Governor in Council.

Anticipated Impact

As changes in harbour dues pursuant to the order are restricted to 4 percent per year, any such change would not impede access to the harbour unduly, while helping maintain the financial self-sufficiency of the Corporation, all of which is in accordance with the objective of the national ports policy expressed in section 3 of the Canada Ports Corporation Act. Pleasure craft, most ferries and Canadian-registered fishing vessels less than 50 ton gross register are exempt from harbour dues.

The Corporation considers that such a change will not have a significant adverse impact on the environment. The assessment report will be made available on request when the order is published.

Consultation

All major harbour users will be advised of harbour dues changes. In addition, the maximum change has been approved by the board of directors of Canada Ports Corporation and the actual change will be approved by the board of directors of St. John's Port Corporation. The Canada Ports Corporation Act requires the former to be representative of national, regional and local interests essential to port activities and the latter to be representative of the regional and local population and interests in the management of the port of St. John's.

Compliance Mechanism

The Canada Ports Corporation Act provides for a lien on a vessel, the withholding of Customs clearance, and the seizure, detention and sale of the vessel upon failure to pay harbour dues. That Act also provides that every person who violates the By-law is guilty of an offence and is liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.

Contact

D. J. Fox, Port Manager and Chief Executive Officer, St. John's Port Corporation, P.O. Box 6178, St. John's, Newfoundland A1C 5X8, (709) 772-4582.

PROPOSED REGULATORY TEXT

Notice is hereby given that, pursuant to section 13 (see footnote d) of Schedule I to the Canada Ports Corporation Act, the St. John's Port Corporation proposes to make, by way of a certified resolution in the annexed form, such amendments as may be required from time to time, in the form set out in the annexed By-law Amending the St. John's Harbour Dues By-law, to the rates set out in column II of the schedule to the St. John's Harbour Dues By-law (see footnote e), provided that, in respect of each rate that is the subject of an amendment made pursuant to the approval of the Governor in Council,

(a) where the rate has not previously been amended pursuant to that approval, the amendment does not change the rate by more than 4 percent per year from the rate effective on January 1, 1997;

(b) where the rate has previously been amended pursuant to that approval, the amendment does not change the rate by more than 4 percent per year from the rate effective on the day on which the most recent amendment of the rate came into effect; and

(c) the amendment does not come into effect after January 1, 2002.

Interested persons may make representations with respect to the proposed By-law within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Sean Hanrahan, President and Chief Executive Officer, St. John's Port Corporation, P.O. Box 6178, St. John's, Newfoundland A1C 5X8, (709) 772-4582 (Telephone), (709) 772-4689 (Facsimile).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 2, 1998

MICHEL GARNEAU
Assistant Clerk of the Privy Council

RESOLUTION

Whereas the Governor in Council, on the recommendation of the Minister of Transport and the Canada Ports Corporation, has, by Order in Council P.C. _________ of ____________ , ______, approved the making of the annexed By-law Amending the St. John's Harbour Dues By-law;

Therefore, the St. John's Port Corporation, pursuant to section 13 (see footnote f) of Schedule I to the Canada Ports Corporation Act, hereby makes the annexed By-law Amending the St. John's Harbour Dues By-law.

I,_____________________, Secretary of the St. John's Port Corporation, hereby certify that the foregoing resolution was made on __________________, ____________ .

_________________________, ______

_____________________________________

Secretary

St. John's Port Corporation

BY-LAW AMENDING THE ST. JOHN'S
HARBOUR DUES BY-LAW

AMENDMENT

1. The schedule (see footnote 3) to the St. John's Harbour Dues By-law (see footnote 4) is replaced by the following:

SCHEDULE
(Section 5)

HARBOUR DUES

Item	Column 1 Description	Column 2 Rate ($)
1.	A vessel that ordinarily uses only the harbour and is engaged in commercial activity therein, for each year or part thereof, (a) in the case of a self-propelled vessel, (i) not more than 100 registered gross tons (ii) more than 100 but not more than 200 registered gross tons (iii) more than 200 registered gross tons (b) in the case of a scow, (i) not more than 50 registered gross tons (ii) more than 50 but not more than 100 registered gross tons (iii) more than 100 registered gross tons (c) in the case of a non-self-propelled vessel other than a scow
2.	(1) A vessel referred to in item 1 that departs from and comes into the harbour again, for each time it comes into the harbour, per registered gross ton (2) The minimum payable under subitem (1) is
3.	(1) A vessel, other than a vessel referred to in item 2, that comes into the harbour, for each time it comes into the harbour, (a) in the case of a vessel of Canadian registry engaged, at the time it comes into the harbour, in the carriage by water of goods or passengers from a place in Canada to another place in Canada, per registered gross ton (b) in the case of a vessel other than a vessel referred to in paragraph (a), per registered gross ton (2) The minimum payable under paragraph (1)(a) is (3) The minimum payable under paragraph (1)(b) is

COMING INTO FORCE

2. This By-law comes into force on the date on which it is registered.

[37-1-o]

Footnote a

S.C., 1992, c. 1, s. 143, Sch. VI, s. 7

Footnote b

SOR/84-416; SOR/(to be filled in by PCO)

Footnote c

S.C., 1992, c. 1, s. 143, Sch. VI, s. 7

Footnote 1

SOR/92-191

Footnote 2

SOR/84-416; SOR/ (to be filled in by PCO)

Footnote d

S.C., 1992, c. 1, s. 143, Sch. VI, s. 7

Footnote e

SOR/85-988; SOR/98-295

Footnote f

S.C., 1992, c. 1, s. 143, Sch. VI, s. 7

Footnote 3

SOR/96-519

Footnote 4

SOR/85-988; SOR/(to be filled in by PCO)

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