Vol. 135, No. 33 — August 18, 2001

Ships Registry and Licensing Fees Tariff

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Ships Registry and Licensing Fees Tariff sets out the fees payable for ship registry and small commercial vessel licensing services. With the inclusion of the small commercial vessel licensing fee (described below), the Tariff is being renamed from the Ships Registry Fees Tariff to the Ships Registry and Licensing Fees Tariff.

The last amendment to the Ships Registry Fees Tariff became effective on December 1, 1997, with SOR/97-488. That amendment revised and increased some of the existing fees and introduced fees for services previously provided without charge.

This regulatory amendment proposes to revise some of the existing fees and introduce fees for several additional services which are being provided with the coming into force of Chapter 16 of the Statutes of Canada (Bill C-15), amending the Canada Shipping Act.

The following are the proposed revisions to the existing fees within the Ships Registry Fees Tariff:

(a) for fees pertaining to ship registration:

(b) for fees pertaining to transfer, transmission and mortgage:

(c) for fees pertaining to other services:

In addition, the following additional fees are proposed for services provided with the coming into force of Chapter 16 of the Statutes of Canada (Bill C-15):

— $10 per non-active ship when the research requires searching through various information sources other than the computer database;

— $5 per active ship when the research requires searching through various information sources other than the computer database; and

— $2 per printed page for active or non-active ships when the research requires use of the computer database.

In addition to those fees outlined above, it is proposed to introduce a fee of $50 payable on application, for the issuance of a Small Commercial Vessel Licence, valid for a five-year period. The licence has previously been issued without charge by Revenue Canada on behalf of the Department of Transport. With the change to agency status of Revenue Canada, the Department of Transport is providing that service directly to the client. Concurrent with the introduction of the proposed Small Commercial Vessel Licence Fee into the Ships Registry and Licensing Fees Tariff, an amendment to the Small Vessel Regulations is being processed to reflect the division of responsibilities for the Ministers of the Department of Transport and the Department of Fisheries and Oceans, and the fact that Revenue Canada will no longer be issuing the small commercial vessel licence.

It is anticipated that these changes would be registered to come into effect before the end of the calendar year.

Alternatives

A number of alternatives were considered in developing this fee proposal. Given the mandate of providing additional services under the revisions to the Canada Shipping Act, it was considered inappropriate that the taxpayer fully fund the associated costs of these services. The status quo would not be reasonable given the need for increased cost recovery and more equitable fee levels, while higher increases were considered inappropriate at this time.

Benefits and Costs

These increases are expected to generate in the order of an additional $0.3 million in revenue in the first full fiscal year, bringing the total revenue from ships registry and licensing services to approximately $1.5 million. The cost to Transport Canada of providing these services is in the order of $3 million annually.

Consultation

The Department announced the initiative at the opening plenary session of the May 2, 2000 Canadian Marine Advisory Council (CMAC) national meeting. During that session, Marine Safety presented the proposed changes and requested the industry's initial comments by the closing plenary. Only one comment was received from that solicitation. The writer commented on the proposed fee for bare-boat charters. However, the concern expressed was based on a misunderstanding and Marine Safety replied to the writer clarifying the application of the proposed fee.

The bare-boat registry was created on February 25, 2000, with the coming into force of Bill C-15. Under the bare-boat registry, a ship, together with its mortgages, remains registered (albeit in a suspended state) in a foreign country and is "listed" in the Canadian Register. The proposed $200 fee for each six-month period is in lieu of, and not in addition to, the normal fees for Canadian registration.

At the closing plenary of the May CMAC session, Marine Safety officials encouraged participants to submit comments on the proposals to the Department. No further representations have been received to date.

A letter will be sent to representatives of the marine industry, informing them of the date of publication of this initiative in the Canada Gazette, Part I, and inviting their comments on the proposal. The list of groups contacted is available on request.

Contact

Dan Cogliati, Director, Cost Recovery, Department of Transport, Place de Ville, Tower C, 22nd Floor, Ottawa, Ontario K1A 0N5, (613) 993-5769 (Telephone), (613) 991-4410 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraphs 48(j) (see footnote a) and 108(e) of the Canada Shipping Act, proposes to make the annexed Ships Registry and Licensing Fees Tariff.

Interested persons may make representations with respect to the proposed Tariff to the Minister of Transport 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 Mr. Dan Cogliati, Director, Cost Recovery (AFTR), Department of Transport, Place de Ville, Tower C, 22nd Floor, 330 Sparks Street, Ottawa, Ontario KIA 0N5. (Tel.: (613) 993-5769; fax: (613) 991-4410)

Ottawa, August 1, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

SHIPS REGISTRY AND LICENSING FEES TARIFF

PAYMENT OF FEES

1. A fee prescribed in this Tariff is payable on application for the service.

FEES RESPECTING REGISTRATION

2. The fee payable for a service set out in column 1 of an item of the table to this section is the fee set out in column 2 of the item.

TABLE

Item	Column 1 Service	Column 2 Fee ($)
1.	for processing an application for the registration of a ship
	(a) for the initial application	250
	(b) if the ship is not registered within 12 months after the date of the application, for each additional period of 12 months or less until the ship is registered or the application is cancelled	125
2.	in addition to the fee payable under item 1, for processing an application for the registration of a ship built outside Canada that is
	(a) a commercial ship that exceeds 15 tons gross tonnage (b) a commercial ship that does not exceed 15 tons gross tonnage or a pleasure craft	300 100
3.	for processing an application for the registration of a ship that was registered in Canada, then registered elsewhere than in Canada and is about to be registered in Canada again and the issuance of a certificate of registry	250
4.	for processing an application for the registry of a bare-boat charter and the issuance of a certificate of registry, for each six-month period	200
5.	with respect to suspending the right of a Canadian ship to fly the Canadian flag while the ship is shown on the registry of a foreign country as a bare-boat chartered ship, (a) for suspension of the registration (b) for reinstatement of the registration	100 50
6.	for issuance of a provisional certificate	150
7.	for replacement of a certificate of registry or provisional certificate	50
8.	for amendment of the register or a certificate of registry to reflect an alteration to a ship and the issuance of a new certificate of registry	100
9.	for amendment of the register or a certificate of registry to reflect the transfer of the registry of a ship to a new port of registry and the issuance of a new certificate of registry	150
10.	for issuance of a certificate of deletion of registry	50
11.	for amendment of the register to reflect a change of ownership of a Canadian ship or a share in one and the issuance of a new certificate of registry	150
12.	for the temporary recording of a ship that is about to be built or is under construction in Canada	25
13.	for the recording or registration of a mortgage and its discharge	150
14.	for amendment of the register to reflect the transfer or transmission of a recorded or registered mortgage	150
15.	for recording a change to the priorities of mortgages or for recording a court injunction or order	50
16.	for the approval of a change in the name of a Canadian ship and the issuance of a certificate of registry	250
17.	for issuance of a Transport Order to enable a registrar to establish whether particulars are required or entitled to be recorded in the register	50
18.	for the witnessing of a declaration before a registrar who is a commissioner of oaths	10
19.	for historical research respecting the Canadian Register of Ships that requires searching through various information sources other than the computer database, per request, for each ship listed under the category (a) non-active ship (b) active ship	10 5
20.	for historical research respecting the Canadian Register of Ships that requires the use of the computer database, for each side of a double-sided printed page	2
21.	for the issuance of transcripts or abstracts of entries in the Canadian Register of Ships (a) for each certified copy (b) for each uncertified copy	50 20

SMALL COMMERCIAL VESSEL LICENCES

3. The fee payable for the issuance of a small commercial vessel licence, for each five-year period, is $50.

SERVICES PROVIDED OUT OF HOURS

4. If a service referred to in this Tariff, including the travelling time related to the service, is provided by a registrar during the hours set out in column 1 of an item of the table to this section, the fee payable, in addition to any other fee payable, is the greater of the fee set out in column 2 and the fee set out in column 3 of the item.

TABLE

Item	Column 1 Hours	Column 2 Fee per Hour or Fraction of an Hour ($)	Column 3 Minimum Fee ($)
1.	between 5:00 p.m. and 8:00 a.m. Monday to Friday, other than on a holiday	70	140
2.	any hour on a Saturday or holiday	70	210
3.	any hour on a Sunday	99	297

REPEAL

5. The Ships Registry Fees Tariff (see footnote 1) is repealed.

COMING INTO FORCE

6. This Tariff comes into force on the day on which it is registered.

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Regulations Amending the Public Sector Pension Investment Board Regulations

Statutory Authority

Public Sector Pension Investment Board Act

Sponsoring Agency

Treasury Board Secretariat

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Public Sector Pension Investment Board Act, S.C. 1999, c. 34 (PSPIBA), created the Public Sector Pension Investment Board (the Board) charged with managing and investing newly created pension funds under the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act.

The Public Sector Pension Investment Board Regulations (the Regulations) set out details regarding permissible investments and various limitations on the making of investments applicable to the Board and its subsidiaries and certain other related matters. Most of the proposed provisions are drawn from the Pension Benefits Standards Act, 1985 (PBSA) and regulations, which establish rules of operation and investment criteria for most pension plans falling within federal jurisdiction. A notable difference is a requirement to have Canadian stock investments replicate a Canadian index until March 31, 2003. Essentially, this means the Board's Canadian stock investments are made in accordance with the weightings of all stocks in the Toronto Stock Exchange (TSE) 300.

The rationale for this passive investment approach was to limit the market effects of substantial amounts of new money going into Canadian stocks and to give the Board time to establish its investment policies and structure. In fact, up until now, the Board has been utilizing an index approach for all of its investments, including foreign stocks and Canadian bonds.

The proposed regulatory changes would repeal section 10 of the Public Sector Investment Board Regulations which requires the Board's investments in the shares of Canadian corporations to substantially replicate the composition of a Canadian market index until March 31, 2003. Consequential changes are also required.

Alternatives

There is no alternative to the use of the regulatory route.

Benefits and Costs

The application of these Regulations is limited to the operations of the Public Sector Pension Investment Board and its subsidiaries, and as such does not impose any costs on other parties.

Consultation

The broad parameters of these Regulations were the subject of discussion during the parliamentary review undertaken during the enactment process of the Public Sector Pension Investment Board Act. The amendment to the Public Sector Pension Investment Board Regulations is being prepublished to afford interested parties a 30-day period in which to submit comments before they are finalized, prior to being published in the Canada Gazette, Part II.

Compliance and Enforcement

Compliance should not be an issue as the Regulations apply solely to the Public Sector Pension Investment Board and its subsidiaries. The Board has stringent transparency and accountability standards. In addition to the public nature and attendant public scrutiny that will accompany the actions of the Public Sector Pension Investment Board as manager of what will become some of the largest pension funds in Canada, the Act provides for ongoing parliamentary scrutiny. Normal administrative compliance structures will also apply, including audits.

Contact

Joan M. Arnold, Director, Pensions Legislation Development Group, Pensions Division, Treasury Board Secretariat, Ottawa, Ontario K1A 0R5, (613) 952-3119.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subparagraph 50(c)(iii) of the Public Sector Pension Investment Board Act (see footnote b), proposes to make the annexed Regulations Amending the Public Sector Pension Investment Board Regulations.

Interested persons may make representations with respect to the proposed Regulations 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 Phil Charko, Assistant Secretary, Pensions Division, Treasury Board Secretariat, L'Esplanade Laurier, 300 Laurier Avenue West, Ottawa, Ontario K1A 0R5.

Ottawa, August 1, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PUBLIC SECTOR PENSION INVESTMENT BOARD REGULATIONS

AMENDMENTS

1. The definition "Canadian corporation" (see footnote 2) in section 1 of the Public Sector Pension Investment Board Regulations (see footnote 3) is repealed.

2. Paragraph 9(1)(i) (see footnote 4) of the Regulations is repealed.

3. Section 10 (see footnote 5) of the Regulations and the heading (see footnote 6) before it are repealed.

4. The portion of section 18 (see footnote 7) of the Regulations before paragraph (a) is replaced by the following:

18. Sections 11 to 16 do not apply in respect of

COMING INTO FORCE

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

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Footnote a

S.C. 1998, c. 16, s. 3

Footnote 1

C.R.C., c. 1484

Footnote b

S.C. 1999, c. 34

Footnote 2

SOR/2000-243

Footnote 3

SOR/2000-77

Footnote 4

SOR/2000-243

Footnote 5

SOR/2000-243

Footnote 6

SOR/2000-243

Footnote 7

SOR/2000-243

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