Regulations Amending the Pacific Pilotage Tariff Regulations (Proposed)


Published in the Canada Gazette Part I on November 9, 1996
Statutory Authority
Pilotage Act
Sponsoring Agency
Pacific Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT
Description

The Pacific Pilotage Authority is responsible for administering in the interests of safety, an efficient pilotage service within Canadian waters in and around the province of British Columbia. With the approval of the Governor in Council, an Authority shall make regulations prescribing tariffs of pilotage charges to be paid to that Authority for pilotage.


The Authority has initiated an increase of 3.25 percent in its pilotage tariff regulations in all areas, with the exception of the Sand Heads and Cape Beale launch charges, and 3.25 percent in its travel-related tariffs. In order to end cross-subsidization and maintain financially self-sufficient vessel operations, Sand Heads and Cape Beale launch charges will be $1,100 and $4,800 respectively. The Authority also intends to amend the port to port definition to include ships departing an anchorage in one port and entering another port. The port to port charge is to be $480 per occurrence.


Alternatives

The Authority is required by section 18 of the Pilotage Act to provide an efficient pilotage service in the interests of safety and is required to be financially self-sufficient. Revisions to the tariffs can only be made by amending the Regulations. The increase in tariff rates is necessary to maintain the Authority's financial self-sufficiency and is considered the only feasible option in order to maintain current service levels.


Benefits and Costs

These amendments will offset increased costs pertaining to the Coastal and Fraser River pilots, travel expenses associated with pilotage assignments, and head office operations and staff. The port to port charge definition will encompass 12 percent of the coastal trips and is intended to parallel the Authority's tariff revenue with the payments made to the British Columbia Coast Pilots Ltd.


The tariff charge increases are intended to assist towards maintaining the Authority's financial self-sufficiency which has not changed markedly since the last tariff increase on February 1, 1996.


The Authority continues every effort to reduce costs and operate with maximum efficiency. A five-year contract of service with the British Columbia Coast Pilots Ltd. has been signed with expiry on December 31, 2000, and annual increases of 0 percent, 2.5 percent, 2.5 percent, 2.5 percent and 2.5 percent.


The economic impact of this amendment will be absorbed by the users of the pilotage services, i.e. the shipping industry, as agreed with the Chamber of Shipping of British Columbia, which represents the industry in Western Canada. The impact of these changes is expected to be: (i) $1,110,000 from the 3.25 percent tariff increase; (ii) $105,000 from the port to port increase to $480 per occurrence; (iii) $210,000 from the expansion of the port to port definition; (iv) $280,000 from Steveston launch charges; and (v) $150,000 from Cape Beale launch charges.


Consultation

Following several meetings between the Authority and the Chamber of Shipping of British Columbia, which represents the shipping industry, the Chamber advised the Authority by letter dated August 6, 1996, that the Chamber had endorsed the amendments. Early notice of this amendment appears in the 1997 Federal Regulatory Plan.


Compliance and Enforcement

The compliance mechanism is provided for in the Pilotage Act through the detention of a vessel until the necessary fees have been paid (section 45).


Contact

Mr. D. B. McLennan, Chairman, Pacific Pilotage Authority, 1199 West Hastings Street, Suite 300, Vancouver, British Columbia, V6E 4G9, (604) 666-6771 (Telephone), (604) 666-1647 (Facsimile).



PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 34(1)a of the Pilotage Act, that the Pacific Pilotage Authority proposes, pursuant to subsection 33(1) of that Act, with the approval of the Governor in Council, to make the annexed Regulations Amending the Pacific Pilotage Tariff Regulations.


Any interested person who has 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 Actb, 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 ON9.


D. B. McLENNAN
Pacific Pilotage Authority, Chairman

a S.C. 1996 c. 10, s. 251(1); b S.C. 1996 C. 10


REGULATIONS AMENDING THE PACIFIC PILOTAGE TARIFF REGULATIONS

AMENDMENTS

1. Sections 81 and 8.11 of the Pacific Pilotage Tariff Regulations2 are replaced by the following:


8. Notwithstanding sections 6 and 7, the total charges payable under those sections in respect of a ship shall be not less than $552.33.


8.1 In addition to the charges referred to in sections 6 and 7, a port to port charge of $480.00 per assignment is payable when a ship departs from a wharf or anchorage within a port or harbour and proceeds directly to a wharf or anchorage within another port or harbour.


2. Schedule I1 to the Regulations is replaced by the following:

SCHEDULE I
(Section 2)
HARBOURS
Bamfield, Bull Harbour, Chemainus, Comox, Crofton, Esquimalt, Gibsons, Horseshoe Bay, Hot Springs Cove, Kitimat, Ladysmith, Nanaimo (including Harmac), Nanoose Bay, Ocean Falls, Pender Harbour, Port Alberni, Powell River, Prince Rupert (excluding Porpoise Harbour), Snug Cove, Squamish, Ucluelet, Vancouver, Victoria
PORTS
Alert Bay, Bamberton, Beaver Cove, (Englewood), Britannia Beach, Campbell River, Coal Harbour, Cowichan Bay, Duncan Bay, Emilia Anchorage, Forward Harbour (Winter Harbour), Gold River, Hardy Bay (Port Hardy), Harriet Harbour, Hatch Point, James Island, Klemtu, Menzies Bay, Namu, Plumper Sound Anchorage, Porpoise Harbour, Port Alice, Port McNeil, Port Mellon, Port Simpson , Port Tahsis, Roberts Bank (West Shore term.), Rupert Inlet, Sand Heads, Stewart, Tasu, Texeda Mines, Toquart, Union Bay, Woodfibre, Yreka, Zeballos
3. The portion of items 1 to 3 in Part I of Schedule II to the Regulations in column III1 is replaced by the following:

Column III

Item Pilotage Charge ($)
1. 2.375
2. 4.750
3. 2.751

4. Part II1 of Schedule II to the Regulations is replaced by the following:

PART II



Column I Column II
Item Period Time Charge ($)

1. Per hour, or part thereof, for not more than 8 consecutive hours of bridge watch.......119.34

2. If more than 8 consecutive hours of bridge watch, an additional time charge, as follows:
(a) for the first 15 minutes or less.....59.67
(b) for more than 15 minutes but not more than 30 minutes....119.34
(c) for more than 30 minutes but not more than 45 minutes....179.01
(d) for more than 45 minutes but not more than 60 minutes....238.68
(e) for more than 60 minutes....358.02


5. The portion of items 1 and 2 of Part III of Schedule II1 to the Regulations in column II1 is replaced by the following:

Column II
Item Cancellation Charge ($)
1. 358.72
2. (a) 119.34 for each hour or part thereof, after the initial 3 hours, from the time the pilot leaves the base to which the pilot is assigned until the time the pilot returns to the base or is redispatched
(b) 119.34 for each hour or part thereof, after the initial 3 hours, from the time the request is made until the time the request is cancelled

6. The portion of item 1 of Part IV of Schedule II to the Regulations in column II1 is replaced by the following:

Column II
Item Out of Region Charge ($)
1. (a) 119.34 per hour or part thereof, from the time the pilot leaves the base to which the pilot is assigned until the time the pilot begins to pilot the ship
(b) 119.34 per hour or part thereof, from the time the pilot ceases to pilot the ship until the pilot returns to the base to which the pilot is assigned
(c) 119.34 per hour or part thereof, from the time the pilot ceases to pilot the ship until the pilot resumes piloting the ship

7. The portion of items 1 to 6 of Part V of Schedule II to the Regulations in column II1 is replaced by the following:

Column II
Item Pilotage Charge ($)
1. 80
2. 119
3. 1,057
4, 317
5. 317
6. 80

8. The portion of items 1 to 4 of Part Vl of Schedule II to the Regulations in column II1 is replaced by the following:

Column II
Item Pilotage Charge ($)
1. 233
2. 1,100
3. 1,147
4. 4,800

9. The portion of items 1 to 3 of Part VII of Schedule II to the Regulations in column II1 is replaced by the following:

Column II
Item Pilotage Charge ($)
1. 164 in addition to 41 for each period of 15 minutes that a pilot boat is detained on standby
2. 485
3. 1,914

COMING INTO FORCE

10. These Regulations come into force on January 1,1997.
1 SOR/96-91
2 SOR/85-583


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