Vol. 132, No. 12 — June 10, 1998

Registration
SOR/98-316 1 June, 1998

ST. LAWRENCE SEAWAY AUTHORITY

St. Lawrence Seaway Tariff of Tolls

The St. Lawrence Seaway Authority, pursuant to subsection 16(1) of the St. Lawrence Seaway Authority Act(see footnote a), hereby establishes the annexed St. Lawrence Seaway Tariff of Tolls.

June 1, 1998

ST. LAWRENCE SEAWAY TARIFF OF TOLLS

INTERPRETATION

1. The definitions in this section apply in this Tariff.

"bulk cargo" means cargo consisting of goods, loose or in mass, that generally must be shovelled, pumped, blown, scooped or forked in the handling and includes

(a) cement, loose or in sacks;

(b) coke and petroleum coke, loose or in sacks;

(c) domestic cargo;

(d) liquids carried in ships' tanks;

(e) ores and minerals (crude, screened, sized or concentrated, but not otherwise processed), loose or in sacks, including alumina, bauxite, gravel, phosphate rock, sand, stone and sulphur;

(f) pig iron and scrap metals;

(g) lumber, pulpwood, poles and logs, loose or bundled;

(h) raw sugar and flour, loose or in sacks;

(i) woodpulp, loose or in bales; and

(j) material for recycling, scrap material, refuse and waste. (cargaison en vrac)

"cargo" means all goods aboard a vessel whether carried as revenue or non-revenue freight or carried for the vessel owner, but does not include

(a) empty containers or the tare weight of loaded containers;

(b) ships' fuel, ballast or stores;

(c) the personal effects of crew or passengers; or

(d) in-transit cargo that is carried both upbound and downbound in the course of the same voyage. (cargaison)

"containerized cargo" means cargo shipped in a container that is enclosed, permanent, reusable, nondisposable and weathertight. (cargaison conteneurisée)

"Corporation" means the Saint Lawrence Seaway Development Corporation. (Corporation)

"domestic cargo" means cargo the shipment of which originates at one Canadian point and terminates at another Canadian point, or originates at one United States point and terminates at another United States point, but does not include import or export cargo designated at the point of origin for transhipment by water at a point in Canada or in the United States. (cargaison domestique)

"general cargo" means goods other than bulk cargo, grain, government aid cargo, steel slabs and coal. (cargaison générale)

"government aid cargo" means

(a) processed food products that are donated by, or the purchase of which has been financed on concessional terms by, the federal government of the United States or Canada for the purposes of nutrition, economic development, emergency or disaster relief programs; and

(b) food cargo that is

"grain" means barley, corn, oats, flaxseed, rapeseed, soybeans, field crop seeds, buckwheat, dried beans, dried peas, rye, wheat, grain screenings or meal from those grains. (céréale)

"metric ton" means 1 000 kg (2,204.62 pounds). (tonne métrique)

"passenger" means a person being transported through the Seaway who has paid a fare for passage. (passager)

"pleasure craft" means a vessel, however propelled, that is used exclusively for pleasure and does not carry passengers. (embarcation de plaisance)

"Seaway" means the St. Lawrence Seaway, including the Welland Canal, and includes all services and facilities authorized under the St. Lawrence Seaway Authority Act, which services and facilities are under the control and administration or are the immediate financial responsibility of the Authority. (voie maritime)

"vessel" means every type of craft used as a means of transportation on water, except a vessel owned or employed by the Authority or the Corporation. (navire)

TOLLS

2. (1) Every vessel entering, passing through or leaving the Seaway shall pay a toll that is the sum of each applicable charge in Schedule 1. Each charge is calculated based on the description set out in column 1 of Schedule 1 and the rate set out in column 2 or 3.

(2) The toll is assessed against the vessel, its cargo and its passengers for a complete or partial transit of the Seaway and covers a single trip in one direction.

(3) The toll is due from the representative of the vessel within 45 days after the day on which the vessel enters the first lock of a transit of the Seaway.

DESCRIPTION AND WEIGHT OF CARGO

3. For the purposes of calculating applicable tolls,

(a) a cord of pulpwood is taken to weigh 1 450 kg (3,196.70 pounds); and

(b) the cargo tonnage shall be rounded to the nearest 1 000 kg (2,204.62 pounds).

POST-CLEARANCE DATE OPERATIONAL SURCHARGES

4. (1) Subject to subsection (2) , a vessel that reports for its final transit of the Seaway from a place set out in column 1 of Schedule 2 within the period after the clearance date established by the Authority and the Corporation under section 96 of the Seaway Regulations set out in column 2 shall pay operational surcharges in the amount set out in column 3, prorated on a per-lock basis.

(2) If surcharges are postponed for operational or climatic reasons, a vessel that reports for its final transit of the Seaway from a place set out in column 1 of Schedule 3 within the period after the clearance date established by the Authority and the Corporation under section 96 of the Seaway Regulations set out in column 2 shall pay operational surcharges in the amount set out in column 3, prorated on a per-lock basis.

5. A vessel that is authorized to transit the Seaway under subsection 97(4) of the Seaway Regulations shall pay, in addition to the operational surcharge, an amount equal to the incremental expenses incurred by the Authority to keep the Seaway open for the transit of the vessel.

COMING INTO FORCE

6. This Tariff comes into force from the date on which it is filed with the Canadian Transportation Agency.

SCHEDULE 1
(Section 2)

TOLLS

Item	Column 1 Description of Charges	Column 2 Rate ($) Montreal to or from Lake Ontario (5 locks)	Column 3 Rate ($) Welland Canal - Lake Ontario to or from Lake Erie (8 locks)
1.	Subject to item 3, for complete transit of the Seaway, a composite toll, comprising:
	(1) a charge per gross registered ton of the vessel, applicable whether the vessel is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to the rules for measurement under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time	0.0816	0.1326
	(2) a charge per metric ton of cargo as certified on the ship's manifest or other document, as follows:
	(a) bulk cargo	0.8466	0.5610
	(b) general cargo	2.0400	0.8976
	(c) steel slab	1.8462	0.6426
	(d) containerized cargo	0.8466	0.5610
	(e) government aid cargo	n/a	n/a
	(f) grain	0.5202	0.5610
	(g) coal	0.4998	0.5610
	(3) a charge per passenger per lock	1.2036	1.2036
	(a) loaded	n/a	448.00
	(b) in ballast	n/a	331.00
2.	Subject to item 3, for partial transit of the Seaway	20 per cent of the applicable charge under items 1(1) and (2) plus the applicable charge under items 1(3) and (4)	13 per cent of the applicable charge under items 1(1) and (2) plus the applicable charge under items 1(3) and (4)
3.	Minimum charge per vessel per lock transited for full or partial transit of the Seaway
	(1) pleasure craft*	10.00	10.00
	(2) vessels other than pleasure craft	15.00	15.00

^* includes applicable federal taxes

SCHEDULE 2
(Subsection 4(1))

OPERATIONAL SURCHARGES — NO POSTPONEMENTS

Item	Column 1 Place in Montreal-Lake Ontario Section	Column 2 Period after Clearance Date	Column 3 Amount ($) (5 locks)*
1.	Cape Vincent (downbound) or Cap Saint-Michel (upbound)	(a) 24 hours (b) 24 hours or more but less than 48 hours	20,000 40,000
		(c) 48 hours or more but less than 72 hours	60,000
		(d) 72 hours or more but less than 96 hours	80,000
2.	port, dock or wharf within the Cap Saint-Michel to Cape Vincent Section	(a) 24 hours (b) 24 hours or more but less than 48 hours	n/a 20,000
		(c) 48 hours or more but less than 72 hours	40,000
		(d) 72 hours or more but less than 96 hours	60,000

^* prorated on a per-lock basis

SCHEDULE 3
(Subsection 4(2))

OPERATIONAL SURCHARGES AFTER POSTPONEMENTS

Item	Column 1 Place in Montreal-Lake Ontario Section	Column 2 Period after Clearance Date	Column 3 Amount ($) (5 locks)*
1.	Cape Vincent (downbound) or Cap Saint-Michel (upbound)
	(1) if the postponement is for 24 hours	(a) 24 hours or more but less than 36 hours	20,000
		(b) 36 hours or more but less than 48 hours	40,000
		(c) 48 hours or more but less than 72 hours	60,000
		(d) 72 hours or more but less than 96 hours	80,000
	(2) if the postponement is for 48 hours	(a) 48 hours or more but less than 56 hours	20,000
		(b) 56 hours or more but less than 64 hours	40,000
		(c) 64 hours or more but less than 72 hours	60,000
		(d) 72 hours or more but less than 96 hours	80,000
	(3) if the postponement is for 72 hours	(a) 72 hours or more but less than 78 hours	20,000
		(b) 78 hours or more but less than 84 hours	40,000
		(c) 84 hours or more but less than 90 hours	60,000
		(d) 90 hours or more but less than 96 hours	80,000
2.	port, dock or wharf within the Cap Saint-Michel to Cape Vincent Section
	(1) if the postponement is for 24 hours	(a) 24 hours or more but less than 48 hours	n/a
		(b) 48 hours or more but less than 60 hours	20,000
		(c) 60 hours or more but less than 72 hours	40,000
		(d) 72 hours or more but less than 96 hours	60,000
	(2) if the postponement is for 48 hours	(a) 48 hours or more but less than 72 hours	n/a
		(b) 72 hours or more but less than 80 hours	20,000
		(c) 80 hours or more but less than 88 hours	40,000
		(d) 88 hours or more but less than 96 hours	60,000
	(3) if the postponement is for 72 hours or more		n/a

^* prorated on a per-lock basis

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Tariff.)

Description

The St. Lawrence Seaway Authority (the Authority) is establishing a tariff of tolls in accordance with subsection 16(1) of the St. Lawrence Seaway Authority Act. The tariff of tolls is being filed with the Canadian Transportation Agency pursuant to subsection 16(3) of the St. Lawrence Seaway Authority Act. A tariff of tolls is needed to ensure sufficient revenues to defray the cost to the Authority of its operations in carrying out the purposes for which it is incorporated.

As the Governor in Council has repealed Order in Council P.C. 1959-373 of March 26, 1959, which directed that there be charged the tariff of tolls set out in the Agreement between Canada and the United States dated March 9, 1959, the Authority is establishing a tariff of tolls pursuant to subsection 16(1) of the St. Lawrence Seaway Authority Act.

Alternatives

No other alternative was evaluated because revenues are necessary to defray the cost to the Authority of its operations in carrying out the purposes for which it is incorporated in accordance with subsection 16(1) of the St. Lawrence Seaway Authority Act.

Benefits and Costs

The St. Lawrence Seaway Authority has carefully reviewed the amount of revenue required to defray the costs of its operations.

Consultation

Many discussions and meetings with major users of the Seaway have taken place during the past 12 months. These users recognize that the Authority requires the establishment of this tariff to meet its financial requirements. During the 30 days following pre-publication in the Canada Gazette Part I, on April 25, 1998, comments were received from 5 parties. All comments were given full consideration. Comments opposed the proposed tariff on the basis that any increase in tolls would adversely affect traffic on the Seaway. In fact, a 2% toll increase represents only between .04% and .34% of total Seaway costs. Such toll increases merely help to cover inflation driven costs.

Compliance and Enforcement

Compliance with this tariff shall be overseen by the financial officers of The St. Lawrence Seaway Authority.

Contact

Norman B. Willans
Counsel
The St. Lawrence Seaway Authority
Place de Ville, Tower B
112 Kent Street, Suite 500
Ottawa, Ontario
K1P 5P2
Telephone: (613) 598-4605
FAX: (613) 598-4620

Footnote a

R.S., c. S-2

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