Maintenance dredging services tonnage fees schedule

Department of Fisheries and Oceans
Oceans Act
Maintenance Dredging Services Tonnage Fees

The Minister of Fisheries and Oceans, pursuant to section 47 of the Oceans Act, hereby fixes the fees to be paid for the total direct costs of the maintenance dredging services in the St. Lawrence Ship Channel in accordance with the annexed Schedule, effective June 1, 2003.

May 15, 2003
Robert G. Thibault
Minister of Fisheries and Oceans

Maintenance dredging services tonnage fees schedule

1. The following definitions apply for the purpose of establishing and collecting fees to be paid for the provision of the maintenance dredging services by the Canadian Coast Guard to ships transiting the St. Lawrence Ship Channel.

draught
means the largest static draught of a ship during a transit. (tirant d’eau)
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 by the government of any country other than Canada, a province, state, territory or municipality of a country for which no fee, tariff or freight rate is charged for the vessel’s, boat’s or craft’s services, or any vessel, boat or craft owned and operated by the government of Canada. (navire d’État)
gross tonnage
means
(a) in the case of a ship that is subject to the 1969 Convention, the gross tonnage that is indicated on the International Tonnage Certificate for that ship or
(b) in the case of a ship that is not subject to the 1969 Convention, the gross tonnage or register tonnage that is indicated on the certificate of registry for that ship. (jauge brute)
Minister
means the Minister of Fisheries and Oceans. (ministre)
1969 Convention
means the International Convention on Tonnage Measurement of Ships, 1969. (Convention de 1969)
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. (embarkation de plaisance)
respective percentage of the fee
means for the Montreal Port Authority 39.62%, for the Quebec Port Authority 11.32% and for Ultramar Ltd 49.06%. (pourcentage respectif du droit)
ship
means a vessel, boat, or craft carrying either a domestic or foreign flag, other than a pleasure craft, fishing vessel, and government ship. (navire)
St. Lawrence Ship Channel
means the navigation channel of the St. Lawrence River between the upstream boundary of the Port of Montreal and the upstream end of Île aux Coudres. (chenal maritime du Saint‑Laurent)
total direct costs
Includes such costs as direct program overhead, direct payroll, direct operating costs, and an attribution of the incremental costs for the use of departmental assets, which are directly related to the maintenance dredging services in the St. Lawrence Ship Channel. (total des coûts directs)
transit
means any movement made by a ship that begins, stops or ends at a Canadian port and that includes all or part of the St. Lawrence Ship Channel. (transit)

2. Subject to sections 7 to 11, the fee applies to each ship that

(a) is on a transit in the St. Lawrence Ship Channel; and
(b) has a draught of 5.0 metres or more during a transit.

3. Subject to sections 7 to 11, every ship shall pay to the Minister a fee obtained by multiplying the gross tonnage of that ship by $0.0377 for each transit, subject to a minimum fee of $25.00.

This fee shall be indexed to inflation on April 1 of each year, beginning on April 1, 2004, based on the annual percentage increase, over the previous calendar year, of the annual value in The Consumer Price Index, published by Statistics Canada.

4. The Montreal Port Authority, the Quebec Port Authority and Ultramar Ltd. shall each pay to the Minister their respective percentage of the fee, which fee is obtained by subtracting the moneys received pursuant to section 3, for the period extending from April 1 to March 31 of each year, from the total direct costs incurred by the Minister during the same period.

5. The fee set by section 3 shall be paid by the ship upon issuance of an invoice by the Minister or by a person authorized by the Minister to the ship or the authorized agent of the ship.

6. The fee set by section 4 shall be paid by each of the corporations mentioned therein upon issuance of an invoice by the Minister or by a person authorized by the Minister.

7. No fee is payable by a ship that is travelling non-stop through Canadian waters to, or from, a port in the United States without a stop at a Canadian port.

8. A stop by a ship at a Canadian port for the sole purpose of taking on bunkers that will be used exclusively to continue its voyage will not be subject to the fee.

9. A stop at a Canadian port for one or more of the following sole purposes will not be subject to the fee:

(i) to respond to a medical emergency;
(ii) to undertake emergency ship repairs;
(iii) to respond to a government department or agency request to stop; or
(iv) to make an overnight stop required due to the seasonal removal of lighted aids to navigation.

10. Subject to section 12, no fee is payable when a movement of a ship is within the boundaries of a port on the St. Lawrence Ship Channel.

11. Subject to section 12, no fee is payable by a ship on a Transit

(a) beginning at the Port of Montreal and proceeding directly into the St. Lawrence Seaway, or
(b) ending at the Port of Montreal after proceeding directly from the St. Lawrence Seaway.

12. For purposes of the application of sections 10 and 11, the Terminal at Contrecoeur shall be deemed to be a destination distinct from the Port of Montreal.

13. 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.

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