Canada Gazette, Part I, Volume 151, Number 17: Regulations Amending the Laurentian Pilotage Tariff Regulations

April 29, 2017

Statutory authority

Pilotage Act

Sponsoring agency

Laurentian Pilotage Authority

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: fulvio.fracassi@apl.gc.ca

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):

(2) Paragraph 2(5)(a) of the Regulations is replaced by the following:

2 (1) Paragraph 8(1)(b) of the Regulations is replaced by the following:

(2) Paragraph 8(2)(c) of the Regulations is replaced by the following:

3 (1) Paragraph 9(1)(a) of the Regulations is replaced by the following:

(2) Subparagraph 9(1)(b)(i) of the Regulations is replaced by the following:

(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.

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