Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-81-710/FullText.html

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Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas

SOR/81-710PILOTAGE ACT
Registration 1981-09-04
Regulations Prescribing Tariffs of Pilotage Charges to be Paid to the Atlantic Pilotage Authority for Pilotage Performed in Non-Compulsory Pilotage Areas of Newfoundland and Labrador
P.C. 1981-2440 1981-09-03Whereas the Atlantic Pilotage Authority proposed to make Regulations prescribing tariffs of pilotage charges to be paid to the Atlantic Pilotage Authority for Pilotage performed in non-compulsory pilotage areas of Newfoundland and Labrador, pursuant to section 22 of the Pilotage Act, and did publish that proposed tariff in Part I of the Canada Gazette on July 4, 1981;
And Whereas no notices of objection to this proposed tariff were filed with the Canadian Transport Commission pursuant to subsection 23(2) of the Pilotage Act.
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 22 of the Pilotage Act, is pleased hereby to approve the annexed Regulations Prescribing Tariffs to Pilotage Charges to be paid to the Atlantic Pilotage Authority for Pilotage performed in non-compulsory pilotage areas of Newfoundland and Labrador, made by the Atlantic Pilotage Authority on August 25, 1981.Short Title

1 These Regulations may be cited as the Atlantic Pilotage Tariff Regulations — Newfoundland and Labrador Non-Compulsory Areas.

Interpretation

2 In these Regulations,

assignment
assignment means all those activities related to a pilot performing pilotage services for a ship to which he has been dispatched, including travel time, standby time and actual pilotage time; (tâche)
Authority
Authority means the Atlantic Pilotage Authority; (Administration)
breadth of the ship
breadth of the ship means the maximum breadth in metres or fraction thereof to the outside of the shell plating of the ship, as expressed in Lloyds Register of Shipping; (largeur du navire)
dead ship
dead ship means a ship normally self-propelled that is without its propelling power; (navire mort)
depth of the ship
depth of the ship means the vertical distance in metres or fraction thereof at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the sides of the ship and, for the purposes of this definition, the continuity of a deck is deemed not to be affected by the existence of tonnage openings, engine spaces or a step in the deck, as expressed in Lloyds Register of Shipping; (creux du navire)
hampered ship
hampered ship means a ship that is unable to be navigated in a normal fashion because of excessive list, excessive trim by the head or stern, damage, faulty steering, faulty engines, lack of normal navigational aids and equipment, faulty navigational aids and equipment or any other conditions that render the ship unseaworthy; (navire difficile à manoeuvrer)
length of the ship
length of the ship means the distance in metres or fraction thereof between the fore and aft extremities of the ship, as expressed in Lloyds Register of Shipping; (longueur du navire)
pilot boat
pilot boat means a boat owned, operated or chartered by the Authority but does not include a temporary boat or tug; (bateau-pilote)
pilotage unit
pilotage unit means the figure obtained by multiplying the length of the ship by the breadth of the ship by the depth of the ship and by dividing the product by 283.17; (unité de pilotage)
port
port means any harbour or haven to which ships may resort for shelter or to ship or unship goods or passengers whether at anchor or alongside a wharf or pier; (port)
regular compulsory pilotage areas
regular compulsory pilotage areas means all those compulsory pilotage areas to which a pilot is customarily dispatched in his on-duty time and for which he is regarded as a regular pilot; (zones régulières de pilotage obligatoire)
standby
standby includes any time spent by a pilot in conjunction with an assignment when he is prevented from travelling or boarding a ship to which he has been dispatched, except any time spent at his home following dispatch to an assignment; (période d’attente)
travel
travel means movement of a pilot, to or from the geographic point at which pilotage is intended to commence or cease, by land, air or sea or any combination thereof. (trajet)

Application

3 These Regulations apply in respect of pilotage in Canadian waters in and around the Province of Newfoundland that are not in a compulsory pilotage area.

Pilotage Cards

4 (1) On boarding a ship, the pilot shall ascertain from the master or officer-in-charge of the ship, the breadth of the ship, depth of the ship, length of the ship, registered tonnage and any other information necessary to complete the pilotage card supplied by the Authority.
(2) A completed pilotage card shall be signed by the master or officer-in-charge of the ship and by the pilot and shall be delivered by the pilot without alteration to the Authority as soon thereafter as is practicable.

Pilotage Charges

5 The charges set out in the schedule are hereby prescribed as pilotage charges to be paid to the Authority for the services set out therein.

SCHEDULE(Section 5)

Travel Charges

1 (1) A pilotage charge of $32.81 per hour or part thereof is payable for any travel time of a pilot before and after pilotage up to a maximum of $393.53 for each 24 hour period.

(2) For the purposes of subsection (1) above,

(a) the travel time of a pilot before pilotage

(i) commences when the pilot leaves the place from which the assignment to pilot a ship was received by the pilot, and

(ii) ceases

(A) when the pilot boards the ship to which the pilot was dispatched or at the time for which the services of the pilot are required, whichever occurs later, except where the pilot boards the ship in a compulsory pilotage area, or
(B) when the ship to which the pilot was dispatched exits the pilotage area in which the pilot boarded the ship, where that area is a compulsory pilotage area; and

(b) the travel time of a pilot after pilotage

(i) commences

(A) when the pilot disembarks from the ship to which the pilot was dispatched, except where the pilot disembarks in a compulsory pilotage area, or
(B) when the ship to which the pilot was dispatched enters a compulsory pilotage area in which the pilot is to disembark, and

(ii) ceases when the pilot arrives at the pilot’s place of residence or is dispatched to another assignment, whichever occurs first.

Pilotage Charges

2 (1) A pilotage charge of $41.00 per hour or part thereof is payable for pilotage time for a ship.

(2) In addition to the pilotage charge payable under subsection (1) and subject to subsection (3), a charge of $270.36, or the product obtained by multiplying $2.90 by the pilotage unit, whichever is greater, is payable for each of the following categories of pilotage:

(a) coastal pilotage;
(b) inward port pilotage;
(c) outward port pilotage; and
(d) movage of a ship within a port.

(3) The pilotage charge payable under subsection (2) for a tug and a barge is calculated by adding together the pilotage units for the tug and for each barge and by multiplying that sum by $2.90, except that, if the charge so calculated is less than $270.36, a charge of $270.36 is payable.
(4) There is no additional charge for trial trips, compass adjusting trips or safety watches performed in conjunction with one or more of the categories of pilotage referred to in paragraphs (2)(a) to (d).

(5) For the purposes of subsection (1), pilotage time for a ship

(a) commences

(i) when the pilot boards the ship to which the pilot was dispatched or at the time for which the services of the pilot are required, whichever occurs later, except where the pilot boards the ship in a compulsory pilotage area, or
(ii) when the ship to which the pilot was dispatched exits the pilotage area in which the pilot boarded the ship, where that area is a compulsory pilotage area; and

(b) ceases

(i) when the pilot disembarks from the ship to which the pilot was dispatched, except where that pilot disembarks from the ship in a compulsory pilotage area, or
(ii) when the ship to which the pilot was dispatched enters a compulsory pilotage area in which the pilot is to disembark.

Standby Time

3 (1) The charge payable for the standby time of a pilot is $32.81 per hour or part thereof.

(2) Standby time commences:

(a) where no transportation services are available to disembark the pilot from a ship to which the pilot was dispatched, at the time the pilot is ready to disembark;
(b) where transportation services not provided by the pilot are interrupted while the pilot is en route to or from a ship to which the pilot was dispatched, at the time the interruption begins;
(c) where there is inclement weather, at the time such weather prevents the pilot from travelling to or from a ship to which the pilot was dispatched; or
(d) where a ship to which the pilot was dispatched is not available for boarding at the port of embarkation, at the time the ship was scheduled to be available for boarding.

(3) Standby time ends when the pilot is able to commence or recommence travel or board the ship to which the pilot was dispatched, as the case may be.
(4) Notwithstanding subsections 1(2) and 2(5), no charge is incurred under subsections 1(1) or 2(1) in respect of any period during standby time.

Travelling and other Expenses of Pilots

4 In addition to the pilotage charges set out in this schedule, the travelling and other expenses incurred by a pilot that are directly associated with an assignment to pilot a ship and that are payable as pilotage charges shall be the actual cost of those travelling and other expenses.
Cancellations

5 (1) If a pilot has been dispatched on an assignment and is subsequently notified that the request for the services of the pilot is cancelled, a charge of $278.32 is payable in addition to any travel or standby charges payable under this schedule and any other expenses incurred by the pilot that are directly associated with the assignment.
(2) A postponement of a request for the services of a pilot to a time within 12 hours from the original time for which the services of the pilot were required does not constitute a cancellation for the purposes of subsection (1).

Dead or Hampered Ships

6 (1) Subject to subsection (2), in addition to charges payable under subsections 2(1) and (2), the charges payable for the pilotage of a dead or hampered ship are

(a) $41.00 per hour or part thereof during which the ship is dead or hampered; and
(b) the product obtained by multiplying $2.90 by the pilotage unit, or $270.36, whichever is greater.

(2) The pilotage charge payable under subsection (1) for a tug towing a barge is calculated by adding together the pilotage units for the tug and for each barge and by multiplying that sum by $2.90, except that, if the charge so calculated is less than $270.36, a charge of $270.36 is payable.

Oil Rigs

7 (1) The charges payable for the pilotage of an oil rig are

(a) $616.40, if the time taken does not exceed six hours; and
(b) $98.66 for each hour or part thereof in excess of six hours.

(2) The charges payable under subsection (1) are in addition to any other charges payable under this schedule except those charges payable under section 2.

Dry Docks

8 In addition to any other charges payable under this schedule, a pilotage charge of $159.17 is payable if a pilot conducts a ship into or out of a dry dock, floating dock or graving dock or on or off a cradle.
Charges per Pilot

9 Where the services of more than one pilot are used, the total charge for those services is the aggregate of the charges for the services of each pilot.
Pilot Boats

10 Where a boat pilot is used to embark or disembark a pilot

(a) in the Halifax compulsory pilotage area, a pilotage charge equal to the basic charge for the Halifax compulsory pilotage area plus $63.02 is payable; or
(b) in any pilotage area other than the Halifax compulsory pilotage area, a pilotage charge equal to the basic charge for that area plus $91.66 is payable, except that, if there is no basic charge for that area, the charge payable is equal to the actual cost of hiring the pilot boat.

SOR/83-97, s. 1;
SOR/84-90, s. 1;
SOR/89-171, s. 1;
SOR/92-66, s. 1;
SOR/94-125, s. 1;
SOR/99-155, ss. 1 to 8;
SOR/2002-81, s. 1.