The Minister of Fisheries and Oceans, pursuant to section 47 of the Oceans Act, hereby fixes the fees to be paid for icebreaking services provided by the Canadian Coast Guard, in accordance with the annexed fee schedule.
David Anderson, P.C., M.P.
Minister of Fisheries and Oceans
FEE SCHEDULE
FEES TO BE PAID FOR ICEBREAKING SERVICES
PROVIDED BY THE CANADIAN COAST GUARD
1. The definitions in this section apply in this fee schedule with respect to the calculation, collection and payment of icebreaking services fees.
"aggregates" means gravel, sands and whole or crushed stone, suitable for construction. (agrégats)
"fishing vessel" means a vessel, boat or craft that is employed in catching fish, processing fish or transporting fish back to shore. (bateau de pêche)
"government ship" means any vessel, boat or craft that is owned or operated:
"ice season" means each period of time starting with and including December 21 up to and including May 15 of the following year. (saison des glaces)
"icebreaking services" includes route assistance, ice routing and information services, and marine facility and port maintenance. (services de déglaçage)
"ice zone" means that part of Canada in which icebreaking services are available in support of commercial shipping as described in Annex I. (zone de glaces)
"Minister" means the Minister of Fisheries and Oceans. (ministre)
"pleasure craft" means a vessel, boat or craft that is used exclusively for pleasure and does not carry passengers or goods for hire, reward, remuneration or any object of profit. (embarcation de plaisance)
"rebatable tonnes" means the weight in tonnes of all cargo that is gypsum or aggregates that is transported by a ship within the ice season zone and the ice season dates prescribed in Annex I. (tonnes donnant droit à un rabais)
"ship" means a vessel, boat or craft, other than a fishing vessel, government ship, or pleasure craft. (navire)
"total tonnes" means the weight in tonnes of all cargo that is transported by a ship within the ice season zone and the ice season dates prescribed in Annex I. (tonnage total)
"transit" means any movement by a ship which includes one port of departure, one port of arrival and no intermediate port calls in between, but does not include any movement by a ship which remains entirely within the boundaries of a single port. (transit)
"tonne" means a metric ton of 1000 kilograms. (tonne)
"tug" means a ship used for towing or pushing purposes or to assist other ships. (remorqueur)
2. (1)Subject to subsections (2) to (7) and section 3, this fee schedule applies to all ships that transit the ice zone.
(2) This fee schedule does not apply to ship transits that are exclusively:
(a) between any locations prescribed pursuant to s.110.7(1) of the Income Tax Act (R.S.C. 1985, c.1 (5th Supp.), as amended) and s.7303.1 of the Income Tax Regulations (C.R.C. c.945, as amended) and which are listed in Revenue Canada Form T4039 Northern Residents Deductions - Places in Prescribed Zones, as amended from time to time; or
(b) between any locations described in (a) and any location in Canadian waters north of 60° North latitude.
(3) This fee schedule does not apply to a ship that is operated by, or on the behalf of, the government of the province of Newfoundland.
(4) A transit made exclusively along a route where the only icebreaking services available are ice routing and information services, which are not necessary to transit that route, will not be subject to the fee.
(5) A stop at a Canadian port for any of the sole purposes specified in this subsection will not be subject to the fee:
(a) to respond to a medical emergency;
(b) to undertake emergency ship repairs;
(c) to respond to a government department or agency request to stop;
(d) to make an overnight stop required due to the seasonal removal of lighted aids to navigation; or
(e) to bunker.
(6) This fee schedule does not apply to a transit completed by a tug or a pilot boat for which the sole purpose was the support of another self-propelled vessel.
(7)Where a transit completed by a tug- barge combination is subject to this fee schedule, the fee shall be payable by the tug.
3. (1) Subject to subsections (2) to (6), the fee payable, for icebreaking services, by a ship for each transit to or from a Canadian port located in the ice zone within the ice season dates prescribed in Annex I is $3,100.
(2) The fee set out in subsection (1) is payable a maximum of 8 times per ship during each ice season, beginning with the ice season commencing on December 21, 1998.
(3) Notwithstanding subsection (2) and subject to subsection (4), the fee set out in subsection (1) is payable a maximum of 3 times per ship during each 30-day period, such period to be determined separately for each ship.
(4) The first 30-day period referred to in subsection (3) will begin, for each ship, with the first chargeable transit each ship makes during an ice season. Subsequent 30-day periods will begin with the first chargeable transit each ship makes following the end of the previous 30-day period.
(5) Where a ship has submitted documentation satisfactory to the Minister demonstrating that the ship is classified as Arctic Class or Canada Type, or as an international equivalent to Canada Type as indicated in Annex II, or as any other recognised classification that is deemed equivalent to Canada Type by the Minister, the fee set out in subsection (1) shall be reduced as specified in this subsection:
(a) Arctic Class or Canada Type A or Canada Type B or an international equivalent to Canada Type A or B: = 35% reduction;
(b) Canada Type C or international equivalent to Canada Type C: = 25% reduction;
(c) Canada Type D or international equivalent to Canada Type D: = 15% reduction.
Where, during an ice season, a ship that has been charged the fee set out in subsection 3(1) has transported aggregates or gypsum during that same ice season, a rebate in the fee shall be applied after the end of that ice season according to the formulae specified in this subsection upon the submission by the ship of documentation satisfactory to the Minister:
(a) for aggregates, any amount that:
(b) for gypsum, any amount that:
4. A fee prescribed by this fee schedule shall be paid by the ship upon issuance of an invoice by the Minister or a person authorised by the Minister to a ship or the authorised agent of a ship.
5. Interest is payable on an overdue fee commencing 30 days after issuance of the invoice and is calculated pursuant to the Interest and Administrative Charges Regulations (SOR/96-188).
6. This fee schedule comes into force on December 21, 1998.
| Area | Description | Ice Season Dates |
|---|---|---|
| 1. | All ports situated along the northeast and northwest coast of Newfoundland from, but not including, Flower's Cove, Nfld. (approximately 51°18'00"N - 56°44'00"W) to, and including, Cape St. Francis, Nfld. (approximately 47°49'00"N - 52°47'00"W) and estuaries, rivers, and the adjacent Canadian waters including islands. | January 15 - May 15 |
| 2. | All Canadian ports situated in the St. Lawrence River and the Gulf of St. Lawrence including estuaries, rivers, and the adjacent Canadian waters including islands in the area bounded on the east by a straight line drawn from and including Port Morien, Nova Scotia (approximately 46°08'00"N - 59°52'00"W) to and including Channel-Port-aux-Basques, Nfld. (approximately 47°34'00"N - 59°09'00"W), the west coast of Newfoundland and estuaries, rivers and the adjacent Canadian waters including islands from Channel-Port-aux-Basques, Nfld., to and including, Flower's Cove, Nfld. (approximately 51°18'00"N - 56°44'00"W) and a straight line drawn from Flower's Cove, Nfld. to and including Blanc Sablon, Quebec, (approximately 51°25'00"N - 57°08'00"W); and bounded on the west by the entrance to the St. Lawrence Seaway at the east end of the St. Lambert Lock (approximately 45° 30' 03" N - 73° 30' 20" W); and all Canadian ports situated along the shores of Lake Superior, Lake Huron, Lake Erie, and Georgian Bay including estuaries, connecting rivers and lakes, the adjacent Canadian waters including islands, and the Welland Canal but not including Port Weller. | December 21 - April 15 |
| 3. | All Canadian ports situated along the shores of Lake Ontario including estuaries, connecting rivers and lakes, and the adjacent Canadian waters including islands bounded by and including the St. Lambert Lock (approximately 45°30'03"N - 73°30'20"W) and Port Weller (approximately 43°13'00"N - 79°14'00"W). | December 21 - 24 and April 1 - 15 |
| Canada Type | American Bureau of Shipping | Bureau Veritas | Det Norske Veritas | German- ischer Lloyd | Lloyd's Register of Shipping | Nippon Kaiji Kyokai |
|---|---|---|---|---|---|---|
| Type A |
A1 or A1 |
1 3/3E glace I-super or 1 3/3E Ice Class 1A Super |
1 A 1 ICE A* or 1 A 1 ICE 1A* |
100 A 4 E 4 MC |
100A1 Ice Class 1* LMC or 100A1 Ice Class 1A Super LMC |
NS MNS Class AA 1S |
| Type B |
A1 or A1 |
1 3/3E glace I or 1 3/3E Ice Class 1A |
1 A 1 ICE A or 1 A 1 ICE 1A |
100 A 4 E 3 MC |
100A1 Ice Class 1 LMC or 100A1 Ice Class 1A LMC |
NS MNS Class A 1S |
| Type C |
A1 or A1 |
1 3/3E glace II or 1 3/3E Ice Class 1B |
1 A 1 ICE B or 1 A 1 ICE 1B |
100 A 4 E 2 MC |
100A1 Ice Class 2 LMC or 100A1 Ice Class 1B LMC |
NS MNS Class B 1S |
| Type D |
A1 or A1 |
1 3/3E glace III or 1 3/3E Ice Class 1C |
1 A 1 ICE C or 1 A 1 ICE 1C |
100 A 4 E 1 MC |
100A1 Ice Class 3 LMC or 100A1 Ice Class 1C LMC |
NS MNS Class C 1S |
| Canada Type | Polski Rejestr Statkow | Register of Shipping of the USSR | Registro Italiano Navale |
|---|---|---|---|
| Type A |
*KM YLA or *KM YL |
KM |
100A-1.1 RG 1* |
| Type B | *KM L1 | KM |
100A-1.1 RG 1 |
| Type C | *KM L2 | KM |
100A-1.1 RG 2 |
| Type D | *KM L3 | KM* p 3 | 100A-1.1 RG 3 |