Vol. 151, No. 20 — October 4, 2017

Registration
SOR/2017-203 September 22, 2017

PILOTAGE ACT

Regulations Amending the Laurentian Pilotage Tariff Regulations

P.C. 2017-1179 September 22, 2017

RESOLUTION

Whereas the Laurentian Pilotage Authority, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act (see footnote b), published a copy of the proposed Regulations Amending the Laurentian Pilotage Tariff Regulations, in the annexed form, in the Canada Gazette, Part I, on April 29, 2017;

Therefore, the Laurentian Pilotage Authority, pursuant to subsection 33(1) of the Pilotage Act (see footnote c), makes the annexed Regulations Amending the Laurentian Pilotage Tariff Regulations.

Montréal, June 1, 2017

Fulvio Fracassi
Chief Executive Officer
Laurentian Pilotage Authority

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 33(1) of the Pilotage Act (see footnote d), approves the annexed Regulations Amending the Laurentian Pilotage Tariff Regulations, made by the 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.

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”). The Laurentian Pilotage Tariff Regulations (Tariff Regulations) are 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, the payment of the fees of two pilots is 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 ships transiting between Sorel-Tracy and Montréal, whose trip duration will probably exceed 8 hours at night or 10 hours during the day. It is therefore necessary to amend the Tariff Regulations so that the transshipment of new pilots does not result in a trip start or end, and additional charges to be paid by clients.

Replacement pilot delay is now 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, the Regulations are amended in order to take requests of the Standing Joint Committee for the Scrutiny of Regulations into account. The changes to the Regulations will 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 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 Shipoperators, there is no opposition to the proposed amendments.

As required under section 34 of the Pilotage Act, these amendments were published in the Canada Gazette, Part I, on April 29, 2017, followed by a 30-day comment period to provide interested persons with the opportunity to make comments or to file a notice of objection with the Canadian Transportation Agency (CTA). No comments were received and no notices of objection were filed.

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 $5,000.

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