Regulations Amending the Laurentian Pilotage Tariff Regulations (2017)
PROPOSED FEDERAL REGULATION - VIA PART I OF THE GAZETTE
April 29, 2017
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues In accordance with the tariff in effect, the Laurentian Pilotage Authority (hereinafter called “the Authority”) should collect larger amounts from its clients, in certain respects, than it now pays to the Corporation des pilotes du Saint-Laurent Central inc. (hereinafter called “CPSLC”). It is proposed th... (Click for more)
Published on May 1, 2017
Regulations Amending the Laurentian Pilotage Tariff Regulations (2017)
REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues In accordance with the tariff in effect, the Laurentian Pilotage Authority (hereinafter called “the Authority”) should collect larger amounts from its clients, in certain respects, than it now pays to the Corporation des pilotes du Saint-Laurent Central inc. (hereinafter called “CPSLC”). It is proposed that the Laurentian Pilotage Tariff Regulations (Tariff Regulations) be harmonized with the new payment rules in effect with the CPSLC. Background The Authority uses the pilotage charges it collects to pay the pilots providing the pilotage services. Their fees are stipulated in a service contract concluded pursuant to the Pilotage Act (the Act) with each pilot corporation exercising its monopoly in the three districts under the Authority’s jurisdiction. However, new contract clauses in effect with the CPSLC set out rules that are different from those currently in effect in the existing tariff that stipulate the fees paid to this corporation. Objectives Harmonization of the Tariff Regulations with some of the rules setting the fees paid to the CPSLC will make it possible to reduce the pilotage charges payable by clients by a similar amount. Description First, it is proposed that the payment of the fees of two pilots be excluded when a compass adjustment is made in a double pilotage situation. In addition, the duration of the trip beyond which the double pilotage is not billed has been changed under an agreement with the CPSLC. There are therefore grounds to make an exception to the current limit of 10 hours at all times, and instead make the limit 8 hours for night trips. In addition, new pilots may be dispatched to transiting ships between Sorel-Tracy and Montréal, whose trip duration will probably exceed 8 hours at night and 10 hours during the day. It is therefore necessary to amend the Tariff Regulations so that the transshipment of new pilots do not result in a trip start or end, and additional charges to be paid by clients. It is also suggested that provisions be made whereby replacement pilot delay is a circumstance that justifies the non-doubling of billed pilotage charges when a pilot’s stay at a boarding station or on board a ship extends beyond one hour. Lastly, amendments are proposed in order to take requests of the Standing Joint Committee for the Scrutiny of Regulations into account. The proposed Regulations would consist in a redrafting of section 9 to make the statutory instrument clearer, as requested by the Committee. “One-for-One” Rule The “One-for-One” Rule does not apply to the proposed Regulations, as there is no change in administrative costs to business. Small business lens The small business lens does not apply, as there are no costs to small business. Consultation Following the consultations held with associations representing clients, i.e. The Shipping Federation of Canada, Canadian Shipowners Association and St. Lawrence Ship-operators, there is no opposition to the proposed amendments. Rationale Amendments to the financial provisions in the service contract with the CPSLC will help to reduce the pilotage charges payable by clients for the delivery of some pilotage services. The amendments to the Tariff Regulations concern mostly services that we provide on an exceptional basis. Overall, these tariff reductions will deprive the Authority of a very insignificant amount of revenue. The impact will be negligible. Implementation, enforcement and service standards Section 45 of the 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. Section 48 of the Act stipulates that every person who fails to comply with Part 1 of the Act, other than section 15.3, or with the actual Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars. Contact Fulvio Fracassi Chief Executive Officer Laurentian Pilotage Authority 999 De Maisonneuve Boulevard West Suite 1410 Montréal, Quebec H3A 3L4 Telephone: 514-283-6320 Fax: 514-496-2409 Email: [email protected] PROPOSED REGULATORY TEXT Notice is given, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act (see footnote b), that the Laurentian Pilotage Authority, pursuant to subsection 33(1) of that Act, proposes to make the annexed Regulations Amending the Laurentian Pilotage Tariff Regulations. Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including the public interest that is consistent with the national transportation policy set out in section 5 (see footnote c) of the Canada Transportation Act (see footnote d), may file a notice of objection setting out the grounds for the objection with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection must 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 0N9. The notice of objection must also be filed with the Minister of Transport and the Laurentian Pilotage Authority in accordance with subsection 34(3) (see footnote e) of the Pilotage Act (see footnote f). Montréal, April 18, 2017 Fulvio Fracassi Chief Executive Officer, Laurentian Pilotage Authority Regulations Amending the Laurentian Pilotage Tariff Regulations Amendments 1 (1) Subsection 2(4) of the Laurentian Pilotage Tariff Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) a compass adjustment. (2) Paragraph 2(5)(a) of the Regulations is replaced by the following: (a) it is likely that, between the time the pilots embark and the time they disembark, the ship will be underway in District No. 1 for more than either 10 consecutive hours for trips starting between 05:00 and 19:59, or 8 consecutive hours for trips starting between 20:00 and 04:59; 2 (1) Paragraph 8(1)(b) of the Regulations is replaced by the following: (b) the ship leaves a berth in a port or leaves a place within the region of the Authority after the pilot has embarked at the port or place, except if the ship is in transit and there is a change of pilot at Trois-Rivières, Sorel-Tracy or Montréal; (2) Paragraph 8(2)(c) of the Regulations is replaced by the following: (c) the pilot referred to in paragraph (1)(a), (b), (c) or (d) leaves the ship, except if the ship is in transit and there is a change of pilot at Trois-Rivières, Sorel-Tracy or Montréal; 3 (1) Paragraph 9(1)(a) of the Regulations is replaced by the following: (a) the pilot whose services have been requested reports to the pilot boarding station and is delayed there; or (2) Subparagraph 9(1)(b)(i) of the Regulations is replaced by the following: (i) at anchorage, or moored to a wharf, a pier, a mooring buoy or a berthed, anchored or grounded ship, (i.1) in the Saint-Lambert Lock or moored to its approach wall, (3) Subsection 9(2) of the Regulations is replaced by the following: (2) When the pilot is detained for more than one hour, the fees set out in item 6 of Schedule 2 for each subsequent hour are reduced by half if the detention is caused by a docking, an anchoring, ice conditions that force the ship to stop, weather conditions, a change in the expected time of arrival of the ship, delays associated with pilot boat services, the delay of a replacement pilot, a shortage of pilots, delays at wharf or at anchor as a result of maritime traffic management by the competent authorities, or the grounding of the ship. Coming into Force 4 These Regulations come into force on the day on which they are registered. [17-1-o] Footnote a S.C. 1998, c. 10, s. 150 Footnote b R.S., c. P-14 Footnote c S.C. 2007, c. 19, s. 2 Footnote d S.C. 1996, c. 10 Footnote e S.C. 1996, c. 10, s. 251(2) Footnote f R.S., c. P-14 Footnote 1 SOR/2001-84
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