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Vol. 134, No. 6 — March 15, 2000
Registration
SOR/2000-75 24 February, 2000
PILOTAGE ACT
Regulations Amending the Great Lakes Pilotage Tariff Regulations
P.C. 2000-221 24 February, 2000
Whereas the Great Lakes Pilotage Authority, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act, published in the Canada Gazette, Part I, on November 27, 1999, a copy of the proposed Regulations Amending the Great Lakes Pilotage Tariff Regulations, substantially in the form of the annexed Regulations;
And whereas more than 30 days have expired after the date of publication and no notices of objection to the proposed Regulations were filed with the Canadian Transportation Agency in accordance with subsection 34(2)(see footnote b) of the Act;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 33(see footnote c) of the Pilotage Act, hereby approves the annexed Regulations Amending the Great Lakes Pilotage Tariff Regulations, made by the Great Lakes Pilotage Authority on January 21, 2000.
REGULATIONS AMENDING THE GREAT LAKES PILOTAGE TARIFF REGULATIONS
AMENDMENTS
1. (1) Paragraphs 1(4)(a)(see footnote 1) and (b)(see footnote 2) of Schedule I to the Great Lakes Pilotage Tariff Regulations(see footnote 3) are replaced by the following:
(a) until December 31, 2000, $31.83 for each kilometre ($53.02 for each statute mile), plus $197.60 for each lock transited, with a minimum charge of $659.30; and
(b) beginning January 1, 2001, $33.50 for each kilometre ($55.81 for each statute mile), plus $208.00 for each lock transited, with a minimum charge of $694.00.
(2) Clauses 1(5)(a)(i)(A)(see footnote 4) and (B)(see footnote 5) of Schedule I to the Regulations are replaced by the following:
(A) until December 31, 2000 $1,216.00
(B) beginning January 1, 2001 1,280.00
(3) Clauses 1(5)(a)(ii)(A)(see footnote 6) and (B)(see footnote 7) of Schedule I to the Regulations are replaced by the following:
(A) until December 31, 2000 $1,216.00
(B) beginning January 1, 2001 1,280.00
2. (1) Paragraphs 3(1)(a)(see footnote 8) and (b)(see footnote 9) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $44.65
(b) beginning January 1, 2001 47.00
(2) Paragraphs 3(2)(a)(see footnote 10) and (b)(see footnote 11) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $707.75
(b) beginning January 1, 2001 745.00
3. (1) Paragraphs 4(1)(a)(see footnote 12) and (b)(see footnote 13) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $44.65
(b) beginning January 1, 2001 47.00
(2) Paragraphs 4(2)(a)(see footnote 14) and (b)(see footnote 15) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $707.75
(b) beginning January 1, 2001 745.00
4. (1) Paragraphs 5(1)(a)(see footnote 16) and (b)(see footnote 17) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $267.90
(b) beginning January 1, 2001 282.00
(2) Paragraphs 5(2)(a)(see footnote 18) and (b)(see footnote 19) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $44.65
(b) beginning January 1, 2001 47.00
(3) Paragraphs 5(3)(a)(see footnote 20) and (b)(see footnote 21) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $707.75
(b) beginning January 1, 2001 745.00
5. (1) Paragraphs 7(1)(a)(see footnote 22) and (b)(see footnote 23) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $273.60
(b) beginning January 1, 2001 288.00
(2) Paragraphs 7(2)(a)(see footnote 24) and (b)(see footnote 25) of Schedule I to the Regulations are replaced by the following:
(a) until December 31, 2000 $273.60
(b) beginning January 1, 2001 288.00
6. (1) Paragraphs 1(1)(a)(see footnote 26) and (b)(see footnote 27) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $2,135.60
(b) beginning January 1, 2001 2,248.00
(2) Paragraphs 1(2)(a)(see footnote 28) and (b)(see footnote 29) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000, $9.80 for each kilometre ($16.33 for each statute mile), plus $272.65 for each lock transited; and
(b) beginning January 1, 2001, $10.32 for each kilometre ($17.19 for each statute mile), plus $287.00 for each lock transited.
(3) Paragraphs 1(3)(a)(see footnote 30) and (b)(see footnote 31) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $549.10
(b) beginning January 1, 2001 578.00
7. Paragraphs 2(a)(see footnote 32) and (b)(see footnote 33) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $382.85
(b) beginning January 1, 2001 403.00
8. Paragraphs 3(a)(see footnote 34) and (b)(see footnote 35) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $822.70
(b) beginning January 1, 2001 866.00
9. (1) Paragraphs 4(1)(a)(see footnote 36) and (b)(see footnote 37) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $70.30
(b) beginning January 1, 2001 74.00
(2) Paragraphs 4(2)(a)(see footnote 38) and (b)(see footnote 39) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $1,097.25
(b) beginning January 1, 2001 1,155.00
10. (1) Paragraphs 5(1)(a)(see footnote 40) and (b)(see footnote 41) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $70.30
(b) beginning January 1, 2001 74.00
(2) Paragraphs 5(2)(a)(see footnote 42) and (b)(see footnote 43) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $1,097.25
(b) beginning January 1, 2001 1,155.00
11. (1) Paragraphs 6(1)(a)(see footnote 44) and (b)(see footnote 45) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $410.40
(b) beginning January 1, 2001 432.00
(2) Paragraphs 6(2)(a)(see footnote 46) and (b)(see footnote 47) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $70.30
(b) beginning January 1, 2001 74.00
(3) Paragraphs 6(3)(a)(see footnote 48) and (b)(see footnote 49) of Schedule II to the Regulations are replaced by the following:
(a) until December 31, 2000 $1,097.25
(b) beginning January 1, 2001 1,155.00
COMING INTO FORCE
12. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
The Great Lakes Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in the Province of Quebec, south of the north entrance to St. Lambert Lock and in and around the Provinces of Ontario and Manitoba. In addition, the Authority prescribes tariffs of pilotage charges that are fair and reasonable, and consistent with providing revenues sufficient to permit the Authority to operate on a self-sustaining financial basis.
This amendment extends the one-year tariff reduction of 5 percent for pilotage services for an additional year in the area of the Welland Canal and in the Cornwall District. The tariff charges will revert to their 1998 level on January 1, 2001.
Due to the Authority's cost-cutting program in its operations during the past few years, the Authority is maintaining this reduction in the tariff which is expected to derive the revenues needed to operate in a break-even position on a day-to-day basis. This measure is consistent with the Authority's principle of ensuring that pilotage charges are fair and reasonable and fixed at a level that permits the Authority to operate on a self-sustaining financial basis.
Alternatives
Despite the freeze in tariff charges during the past five years, and the 5 percent reduction in the Canadian Sectors for 1999, the Authority has been able to build up a small surplus fund due to its cost-cutting program with respect to operations. This fund allows for unforeseen contingencies.
The Authority considered reverting to the 1998 level with respect to tariff charges as previously scheduled, but recognized that this fiscal policy would probably generate additional surplus funds, greater than those required to cover contingency measures. The Authority consequently rejected this option and decided to extend the term of its 5 percent reduction in tariff charges for an additional year, terminating on January 1, 2001. This initiative will ensure that the Authority's tariff charges for pilotage services are fair and reasonable and fixed at a level that will still permit the Authority to operate on a self-sustaining financial basis.
Benefits and Costs
Users will benefit from this tariff reduction and will save an estimated $350,000 in pilotage costs during this period. This represents a cost savings of $350 per ship for a complete transit of the system from St. Lambert Lock to Thunder Bay.
It should be noted that this reduction in the tariff charges will not have a negative impact upon safety or the quality of pilotage services.
Consultation
The Authority consulted with the Shipping Federation of Canada and the Canadian Shipowners Association in September 1999 and these two organizations, which represent almost all users, support this initiative.
These Regulations were pre-published in the Canada Gazette, Part I on November 27, 1999 and no comments were received.
Compliance and Enforcement
Section 45 of the Pilotage Act provides an enforcement mechanism for these Regulations in that a Pilotage Authority can inform a customs officer at any port in Canada to withhold clearance from any ship for which pilotage charges are outstanding and unpaid.
Contact
Mr. R.F. Lemire
Chief Executive Officer
P.O. Box 95
Cornwall, Ontario
K6H 5R9
Telephone: (613) 933-2991
FAX: (613) 932-3793
S.C. 1998, c. 10, s. 150
S.C. 1996, c. 10, s. 251(2)
S.C. 1998, c. 10, s. 149
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