Vol. 132, No. 13 — June 24, 1998

Registration
SOR/98-339 15 June, 1998

CANADA PORTS CORPORATION ACT

By-law Amending the Harbour Dues Tariff By-law

RESOLUTION

Whereas the Governor in Council, on the recommendation of the Minister of Transport, has, by Order in Council P.C. 1998-416 of March 19, 1998, approved the making of the annexed By-law Amending the Harbour Dues Tariff By-law;

Therefore, the Canada Ports Corporation, pursuant to section 39(see footnote a) of the Canada Ports Corporation Act, hereby makes the annexed By-law Amending the Harbour Dues Tariff By-law.

June 9, 1998

BY-LAW AMENDING THE HARBOUR DUES TARIFF BY-LAW

AMENDMENTS

1. Section 1 of the French version of the Harbour Dues Tariff By-law(see footnote 1) is replaced by the following:

1. Règlement administratif sur le tarif des droits de port.

2. The definition "harbour dues" in section 2 of the English version of the By-law is replaced by the following:

"harbour dues" means the rates on a vessel that comes into or uses a harbour; (droits de port)

3. The French version of the By-law is amended by replacing the word "règlement" with the expression "règlement administratif" in the following provisions:

(a) the long title;

(b) the portion of section 2 before the definition "certificat de jaugeage";

(c) the definition "port" in section 2;

(d) sections 3 and 4;

(e) subsection 5(2);

(f) the portion of section 6 before paragraph (a);

(g) subsections 7(1) and (2); and

(h) section 8.

4. The heading "Taux"(see footnote 2) in column II of Schedule I to the French version of the By-law is replaced by the heading "Droits".

COMING INTO FORCE

5. This By-law comes into force on June 15, 1998.

REGULATORY IMPACT
ANALYSIS STATEMENT

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

Description

This Order approves of Canada Ports Corporation making minor changes to the wording of the Harbour Dues Tariff By-law.

Alternatives

None. These changes were suggested by the Department of Justice.

Anticipated Impact

These changes improve comprehension and are not substantive.

The Corporation considers that such a change 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

Given the nature of the changes, there has been no consultation.

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 6 months or to both.

Contact

N. MacNeil
President and Chief Executive Officer
Canada Ports Corporation
99 Metcalfe Street, 9th Floor
Ottawa, Ontario
K1A 0N6
(613) 957-6700

Footnote a

S.C. 1992, c. 1, s. 143 (Sch. VI, s. 6)

Footnote 1

C.R.C., c. 1063

Footnote 2

SOR/95-581

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