Vol. 132, No. 52 — December 26, 1998

Regulations Amending the Great Lakes Pilotage Tariff Regulations

Statutory Authority

Pilotage Act

Sponsoring Agency

Great Lakes Pilotage Authority

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The Great Lakes Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in the province of Quebec, south of the north entrance to St. Lambert Lock and in and around the provinces of Ontario and Manitoba. In addition, the Authority prescribes tariffs of pilotage charges that are fair and reasonable, and consistent with providing revenues sufficient to permit the Authority to operate on a self-sustaining financial basis.

This amendment introduces a one-year tariff reduction of 5 percent for pilotage services in the area of the Welland Canal and in the Cornwall District and tariff charges will revert to their current level in the following year.

Due to the Authority's cost reduction initiatives in its operations during the past few years, the Authority is implementing this reduction in the tariff so that it derives the revenues needed to operate in a break-even position on a day-to-day basis. This measure is consistent with the Authority's principle of ensuring that pilotage charges are fair and reasonable and fixed at a level that permits the Authority to operate on a self-sustaining financial basis.

Alternatives

Despite the freeze in tariff charges during the past four years, the Authority has been able to build up a small surplus fund due to its cost-cutting program with respect to operations.

The Authority considered maintaining its current position with respect to tariff charges but recognized that this fiscal policy would probably generate additional surplus funds. The Authority consequently rejected this option and decided to reduce its tariff charges by 5 percent for a one-year period. This initiative will ensure that the Authority's tariff charges for pilotage services are fair and reasonable and fixed at a level that will still permit the Authority to operate on a self-sustaining financial basis.

Benefits and Costs

Users will benefit from this one-year tariff reduction and will save an estimated $350,000 in pilotage costs during this period. This represents a cost savings of $350 per ship for a complete transit of the system from St. Lambert Lock to Thunder Bay.

It should be noted that this reduction in the tariff charges will not have a negative impact upon safety or the quality of pilotage services.

Consultation

The Authority consulted with the Shipping Federation of Canada and the Canadian Shipowners Association in September of this year and these two organizations, which represent almost all users, support this initiative.

Compliance and Enforcement

Section 45 of the Pilotage Act provides an enforcement mechanism for these Regulations in that a Pilotage Authority can inform a customs officer at any port in Canada to withhold clearance from any ship for which pilotage charges are outstanding and unpaid.

Contact

Mr. R. G. Armstrong, Chairman, Great Lakes Pilotage Authority, P.O. Box 95, Cornwall, Ontario K6H 5R9, (613) 933-2991 (Telephone), (613) 933-3793 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act, that the Great Lakes Pilotage Authority proposes, pursuant to section 33 (see footnote b) of that Act, to make the annexed Regulations Amending the Great Lakes Pilotage Tariff Regulations.

Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act (see footnote c), may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Canadian Transportation Agency, Ottawa, Ontario K1A 0N9.

GREAT LAKES PILOTAGE AUTHORITY
R. G. ARMSTRONG
Chairman

REGULATIONS AMENDING THE GREAT LAKES PILOTAGE TARIFF REGULATIONS

AMENDMENTS

1. The portion of subsection 3(1) (see footnote 1) of the Great Lakes Pilotage Tariff Regulations (see footnote 2) before paragraph (a) is replaced by the following:

3. (1) The charge for a pilotage service in

2. (1) Subsection 1(4) (see footnote 3) of Schedule I to the Regulations is replaced by the following:

(4) If a ship, during its passage through the Welland Canal, docks or undocks for any purpose other than on the instructions of The St. Lawrence Seaway Management Corporation, the basic charge is:

(a) until December 31, 1999, $31.83 for each kilometre ($53.02 for each statute mile), plus $197.60 for each lock transited, with a minimum charge of $659.30; and

(b) beginning January 1, 2000, $33.50 for each kilometre ($55.81 for each statute mile), plus $208.00 for each lock transited, with a minimum charge of $694.00.

(2) Subparagraphs 1(5)(a)(i) (see footnote 4) and (ii) (see footnote 5) of Schedule I to the Regulations are replaced by the following:

3. (1) The portion of paragraph 2(1)(a) (see footnote 6) of Schedule I to the Regulations before subparagraph (i) is replaced by the following:

(a) for pilotage services, for each six-hour period or part of a six-hour period that the pilot is on board in the undesignated waters and contiguous waters of

(2) The portion of paragraph 2(1)(b) (see footnote 7) of Schedule I to the Regulations before subparagraph (i) is replaced by the following:

(b) for each time the pilot docks or undocks a ship in the undesignated waters and contiguous waters of

(3) The portion of subsection 2(2) (see footnote 8) of Schedule I to the Regulations before paragraph (a) is replaced by the following:

(2) If a ship with a pilot on board makes a direct transit of the undesignated waters and contiguous waters of Lake Erie between Southeast Shoal and Port Colborne, the basic charges set out in subsection (1) are not chargeable unless

4. Subsections 3(1) (see footnote 9) and (2) (see footnote 10) of Schedule I to the Regulations are replaced by the following:

3. (1) Subject to subsections (2) and (3), if, for the convenience of a ship, a pilot is detained after the end of the pilot's assignment or during an interruption of the passage of the ship through designated waters or contiguous waters, the following additional basic charge is payable for each hour or part of an hour that the pilot is detained:

(a) until December 31, 1999 $44.65

(b) beginning January 1, 2000 47.00

(2) The maximum basic charge under subsection (1) for any 24-hour period is:

(a) until December 31, 1999 $707.75

(b) beginning January 1, 2000 745.00

5. Section 4 (see footnote 11) of Schedule I to the Regulations is replaced by the following:

4. (1) Subject to subsection (2), if the departure or movage of a ship to which a pilot has been assigned is delayed for the convenience of the ship for more than one hour after the pilot reports for duty at the designated boarding point, the following basic charge is payable for each hour or part of an hour, including the first hour, of that delay:

(a) until December 31, 1999 $44.65

(b) beginning January 1, 2000 47.00

(2) The maximum basic charge under subsection (1) for any 24-hour period is:

(a) until December 31, 1999 $707.75

(b) beginning January 1, 2000 745.00

6. Subsections 5(1) to (3) (see footnote 12) of Schedule I to the Regulations are replaced by the following:

5. (1) If a request for pilotage services is cancelled after the pilot reports for duty at the designated boarding point, the basic charge is:

(a) until December 31, 1999 $267.90

(b) beginning January 1, 2000 282.00

(2) Subject to subsection (3), if a request for pilotage services is cancelled more than one hour after the pilot reports for duty at the designated boarding point, in addition to the basic charge set out in subsection (1), the following basic charge is payable for each hour or part of an hour, including the first hour, between the time the pilot reports and the time of the cancellation:

(a) until December 31, 1999 $44.65

(b) beginning January 1, 2000 47.00

(3) The maximum basic charge payable under subsection (2) for any 24-hour period is:

(a) until December 31, 1999 $707.75

(b) beginning January 1, 2000 745.00

7. Subsections 7(1) (see footnote 13) and (2) (see footnote 14) of Schedule I to the Regulations are replaced by the following:

7. (1) If a pilot is unable to board a ship at the normal boarding point and, to board it, must travel beyond the area for which the pilot's services are requested, the following basic charge is payable for each 24-hour period or part of that period during which the pilot is away from the normal boarding point:

(a) until December 31, 1999 $273.60

(b) beginning January 1, 2000 288.00

(2) If a pilot is carried on a ship beyond the area for which the pilot's services are requested, the following basic charge is payable for each 24-hour period or part of that period before the pilot is returned to the place where the pilot normally would have disembarked:

(a) until December 31, 1999 $273.60

(b) beginning January 1, 2000 288.00

8. Sections 1 to 3 (see footnote 15) of Schedule II to the Regulations are replaced by the following:

1. (1) The basic charge for a ship making a trip between the eastern limit of the Cornwall District and Cornwall or the pilot boarding station near Saint Régis, Quebec, is:

(a) until December 31, 1999 $2,135.60

(b) beginning January 1, 2000 2,248.00

(2) Subject to subsection (3), the basic charge for a ship making a trip other than a trip referred to in subsection (1) is:

(a) until December 31, 1999, $9.80 for each kilometre ($16.33 for each statute mile), plus $272.65 for each lock transited; and

(b) beginning January 1, 2000, $10.32 for each kilometre ($17.19 for each statute mile), plus $287.00 for each lock transited.

(3) The minimum basic charge under subsection (2) is:

(a) until December 31, 1999 $549.10

(b) beginning January 1, 2000 578.00

2. The basic charge for docking or undocking a ship for the purpose of loading or unloading cargo, stores or bunker fuel or of effecting repairs is:

(a) until December 31, 1999 $382.85

(b) beginning January 1, 2000 403.00

3. The basic charge for a movage is:

(a) until December 31, 1999 $822.70

(b) beginning January 1, 2000 866.00

9. Subsections 4(1) (see footnote 16) and (2) (see footnote 17) of Schedule II to the Regulations are replaced by the following:

4. (1) Subject to subsections (2) and (3), if, for the convenience of a ship, a pilot is detained after the end of the pilot's assignment or during an interruption of the passage of the ship through the Cornwall District, the following additional basic charge is payable for each hour or part of an hour that the pilot is detained:

(a) until December 31, 1999 $70.30

(b) beginning January 1, 2000 74.00

(2) The maximum basic charge payable under subsection (1) for any 24-hour period is:

(a) until December 31, 1999 $1,097.25

(b) beginning January 1, 2000 1,155.00

10. Section 5 (see footnote 18) of Schedule II to the Regulations is replaced by the following:

5. (1) Subject to subsection (2), if the departure or movage of a ship to which a pilot has been assigned is delayed for the convenience of the ship for more than one hour after the pilot reports for duty at the designated boarding point, the following basic charge is payable for each hour or part of an hour, including the first hour, of that delay:

(a) until December 31, 1999 $70.30

(b) beginning January 1, 2000 74.00

(2) The maximum basic charge under subsection (1) for any 24-hour period is:

(a) until December 31, 1999 $1,097.25

(b) beginning January 1, 2000 1, 155.00

11. Subsections 6(1) to (3) (see footnote 19) of Schedule II to the Regulations are replaced by the following:

6. (1) If a request for pilotage services is cancelled after the pilot reports for duty at the designated boarding point, the basic charge is:

(a) until December 31, 1999 $410.40

(b) beginning January 1, 2000 432.00

(2) Subject to subsection (3), if a request for pilotage services is cancelled more than one hour after the pilot reports for duty at the designated boarding point, in addition to the basic charge prescribed in subsection (1), the following basic charge is payable for each hour or part of an hour, including the first hour, between the time the pilot reports and the time of the cancellation:

(a) until December 31, 1999 $70.30

(b) beginning January 1, 2000 74.00

(3) The maximum basic charge under subsection (2) for any 24-hour period is:

(a) until December 31, 1999 $1,097.25

(b) beginning January 1, 2000 1,155.00

12. Section 1 (see footnote 20) of Schedule III to the Regulations is replaced by the following:

1. The basic charges for services rendered during the period beginning on July 20 in any year and ending on October 31 in the same year are:

(a) for piloting a ship into or out of the Port $761.20

(b) for a movage 532.40

(c) for the use of a boat to embark or disembark a pilot at a pilot boarding station. the amount charged to hire the boat

13. Section 3 (see footnote 21) of Schedule III to the Regulations is repealed.

COMING INTO FORCE

14. These Regulations come into force on the day on which they are registered.

[52-1-o]

Regulations Amending Schedule III of the Municipal Grants Act

Statutory Authority

Municipal Grants Act

Sponsoring Department

Department of Public Works and Government Services

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The Minister of Transport has requested that The Federal Bridge Corporation Limited be added to Schedule III of the Municipal Grants Act.

The Federal Bridge Corporation Limited was incorporated on September 2, 1998, under the Canada Business Corporations Act as a subsidiary of The St. Lawrence Seaway Authority. Upon dissolution of The St. Lawrence Seaway Authority it will become a parent Crown corporation as defined in the Financial Administration Act.

Under section 9 of the Municipal Grants Act, the Governor in Council may make regulations for carrying out the purposes and provisions of the Act and adding to or deleting from Schedule III any corporation established by or under an Act of Parliament or performing a function on behalf of the Government of Canada.

The amendment would make eligible for grants in lieu of taxes, properties owned by The Federal Bridge Corporation Limited.

Benefits and Costs

This amendment will serve to provide the Federal Bridge Corporation Limited with the appropriate legal authority to pay grants in lieu of taxes, under the provisions of the Municipal Grants Act, to taxing authorities where corporation property is located.

Consultation

This amendment has been prepared in consultation with the Department of Transport.

Compliance and Enforcement

The applications for grants related to the amendment will be audited, as are all municipal grants on other federal properties, to insure compliance with the Municipal Grants Act.

Contact

Mr. Alexander MacGregor, Director, Municipal Grants, Public Works and Government Services Canada, Sir Charles Tupper Building, Riverside Drive, Ottawa, Ontario K1A 0M2, (613) 736-2665.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 9(2) of the Municipal Grants Act, that the Governor in Council, pursuant to subsection 9(1) of that Act, proposes to make the annexed Regulations Amending Schedule III of the Municipal Grants Act.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 15 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 Bruce Bowie, Executive Director, Marine Policy Reform, Place de Ville, Tower C, 25th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-0702 (Telephone), (613) 998-7001 (Facsimile).

December 16, 1998

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING SCHEDULE III OF THE MUNICIPAL GRANTS ACT

AMENDMENT

1. Schedule III to the Municipal Grants Act is amended by adding the following in alphabetical order:

The Federal Bridge Corporation Limited
La Société des ponts fédéraux Limitée

COMING INTO FORCE

2. These Regulations come into force on the day that they are registered.

[52-1-o]

Footnote a

S.C., 1998, c. 10, s. 150

Footnote b

S.C., 1998, c. 10, s. 149

Footnote c

S.C., 1996, c. 10

Footnote 1

SOR/88-420

Footnote 2

SOR/84-253; SOR/96-409

Footnote 3

SOR/96-409

Footnote 4

SOR/94-509

Footnote 5

SOR/94-509

Footnote 6

SOR/94-509

Footnote 7

SOR/94-509

Footnote 8

SOR/96-409

Footnote 9

SOR/96-409

Footnote 10

SOR/96-409

Footnote 11

SOR/96-409

Footnote 12

SOR/96-409

Footnote 13

SOR/96-409

Footnote 14

SOR/96-409

Footnote 15

SOR/96-409

Footnote 16

SOR/96-409

Footnote 17

SOR/96-409

Footnote 18

SOR/96-409

Footnote 19

SOR/96-409

Footnote 20

SOR/96-409

Footnote 21

SOR/96-409

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