Vol. 132, No. 6 — March 18, 1998

Registration
SOR/98-146 6 March, 1998

CANADA PORTS CORPORATION ACT

Pacific Harbour Dues Tariff By-law, amendment

Whereas the Governor in Council, by Order in Council P.C. 1994-1547 of September 13, 1994 (see footnote a), has approved that the Vancouver Port Corporation amend from time to time the rate set out in column II of Schedule I to the Pacific Harbour Dues Tariff By-law (see footnote b);

Whereas the Vancouver Port Corporation amended that rate by a resolution dated December 12, 1996 (see footnote c);

Whereas the amended rate was inadvertently stated to be "$0.730" per registered gross ton for each vessel coming into Vancouver Harbour, rather than the correct rate of "$0.073";

Whereas, since January 1, 1997, the Vancouver Port Corporation has charged every vessel coming into Vancouver Harbour with the correct rate of $0.073 per gross registered ton;

And Whereas the Vancouver Port Corporation wishes to correct that typographical error;

Therefore, the Vancouver Port Corporation, pursuant to section 27 of the Canada Ports Corporation Act and section 13 (see footnote d) of Schedule I to that Act, hereby corrects the rate set out in column II of Schedule I to the Pacific Harbour Dues Tariff By-law (see footnote e), by replacing "$0.730" with "$0.073".

I, Warren McCrimmon, Secretary of the Vancouver Port Corporation, hereby certify that the foregoing resolution was made on March 2, 1998.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the By-law.)

Description

This Order would approve of Vancouver Port Corporation changing harbour dues for Vancouver harbour from time to time until January 1, 1997 at a rate not to exceed 4 per cent per year.

Alternatives

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.

Benefits and Costs

A change of 4 per cent would range from approximately $0.26 per year for harbour vessels of not more than 100 tons gross register to $52.00 per entry for a typical commercial vessel of 20,000 tons gross register. Pleasure craft, and Canadian-registered fishing vessels are exempt from harbour dues.

Accordingly, potential changes under this Order 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.

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

Consultation

Early notice of the possibility of revised harbour dues was provided in the 1993 Federal Regulatory Plan under proposal no. TC-18 and all major harbour users will be advised of changes.

In addition, the maximum change has been approved by the boards of directors of Canada Ports Corporation and the Vancouver Port Corporation and the actual change will be approved by the board of directors of Vancouver Port Corporation. The Canada Ports Corporation Act requires the Canada Ports Corporation to be representative of national, regional and local interests essential to port activities and the Vancouver Port Corporation to be representative of the regional and local population and interests in the management of the port of Vancouver.

The order was prepublished in the Canada Gazette Part I on February 19, 1994 and no adverse comments have been received.

Compliance and Enforcement

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 6 months or to both.

Contact

Warren D. McCrimmon
Director
Legal Services and Corporation Secretary
Vancouver Port Corporation
1900-200 Granville Street
Vancouver, British Columbia
V6C 2P9
(604) 666-2821

Footnote a

SOR/94-676

Footnote b

C.R.C., c. 1082; SOR/79-97

Footnote c

SOR/97-3

Footnote d

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

Footnote e

C.R.C., c. 1082; SOR/79-97

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