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Vol. 133, No. 27 — July 3, 1999
Regulations Amending the Laurentian Pilotage Tariff Regulations, 1996
Statutory Authority
Pilotage Act
Sponsoring Agency
Laurentian Pilotage Authority
REGULATORY IMPACT ANALYSIS STATEMENT
Description
The Laurentian Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in and around the Province of Quebec, north of the northern entrance to St. Lambert Lock, except the waters of Chaleur Bay, south of Cap-d'Espoir in latitude 48 degrees 25 minutes 08 seconds N, longitude 64 degrees 19 minutes 06 seconds W. The Authority also prescribes tariffs of pilotage charges that are fair and reasonable and consistent with providing revenues sufficient to permit the Authority to operate on a self-sustaining financial basis.
This amendment, which will take effect on January 1, 2000, implements a tariff increase of 3 percent for pilotage charges described in Schedule 2 of these Regulations. This initiative will ensure that the Authority is, in the interest of safety, able to maintain and administer an efficient pilotage service, commensurate with its financial responsibilities.
In addition, this initiative amends certain provisions within the French text in Schedule 2 to provide consistency with the relevant wording in the Pilotage Act and to ensure consistency and uniformity in the wording throughout these Regulations.
Alternatives
The Authority is required to provide an efficient pilotage service while ensuring navigational safety and protection of the marine environment. Costs have been reduced where feasible and kept to the minimum consistent with maintaining a safe and effective service. Further reductions in operating costs are not an alternative since this would reduce the quality of service provided by the Authority. This would be unacceptable to both the Authority and its clients. Maintaining pilotage charges at the present level was considered and rejected. A readjustment of the tariff charges takes into account loan repayments, the anticipated costs arising from pilotage contract negotiations and the projected rate of inflation. This tariff increase is consistent with the Authority's corporate plan objectives and will provide the Authority with the means to maintain its financial self-sufficiency.
Benefits and Costs
The proposed tariff increase will generate additional revenue estimated to be in the order of $1,089,000 for the year 2000. This represents an increase in the pilotage charges of approximately $150 per trip for a ship transiting the St. Lawrence River between the pilot boarding stations at Les Escoumins and Montréal.
This tariff increase is necessary to meet anticipated costs over the year. This initiative will ensure the continued efficiency of the pilotage service and the Authority's capability to operate on a self-sustaining financial basis that is both fair and reasonable.
Consultation
The Authority has discussed this tariff increase for its pilotage charges with representatives from the Shipping Federation of Canada, the Canadian Shipowners Association and the St. Lawrence Shipoperators Association inc. These key stakeholders, who represent most of the users in these waters, have frequently expressed their concerns about increases and additional costs associated with the various marine services fees. They have indicated, however, that they will accept, albeit reluctantly, this single 3 percent tariff increase, effective January 1, 2000.
Compliance and Enforcement
Section 45 of the Pilotage Act provides the 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.
Contact
Mr. Jean-Claude Michaud, Chairman, Laurentian Pilotage Authority, 715 Square Victoria, Montréal, Quebec H2Y 2H7, (514) 283-6320 (Telephone), (514) 496-2409 (Facsimile).
PROPOSED REGULATORY TEXT
Notice is hereby given, pursuant to subsection 34(1)(see footnote a) of the Pilotage Act, that the Laurentian Pilotage Authority, pursuant to section 33(see footnote b) of that Act, proposes to make the annexed Regulations Amending the Laurentian Pilotage Tariff Regulations, 1996.
Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act, (see footnote c) may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection should 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.
LAURENTIAN PILOTAGE AUTHORITY
JEAN-CLAUDE MICHAUD
Chairman
REGULATIONS AMENDING THE LAURENTIAN PILOTAGE TARIFF REGULATIONS, 1996
AMENDMENTS
1. The heading "Droits de déplacement" before section 1 of Schedule 2 to the French version of the Laurentian Pilotage Tariff Regulations, 1996 (see footnote 1) is replaced by the following:
Droits pour un déplacement
2. Sections 1(see footnote 2) and 2(see footnote 3) of Schedule 2 to the Regulations are replaced by the following:
1. (1) The pilotage charge for a movage of a ship is $295.30, plus $9.72 per unit.
(2) If a ship anchors during a movage, a pilotage charge of $228.33, plus $2.45 per unit, is payable in addition to any other applicable charges.
Charges for Trips
2. (1) The pilotage charge for a one-way trip is
(a) in District No. 1, $25.78 per unit, plus $12.76 per time factor; and
(b) in District No. 2, $16.37 per unit, plus $9.47 per time factor.
(2) If a ship anchors during a trip, a pilotage charge of $228.33, plus $2.45 per unit, is payable in addition to any other applicable charges.
3. The heading before section 4 of Schedule 2 to the French version of the Regulations is replaced by the following:
Droits pour l'accostage et l'appareillage
4. Subsection 4(1) (see footnote 4) of Schedule 2 to the Regulations is replaced by the following:
4. (1) If the owner, master or agent of a ship makes a request to the Authority for the replacement of a pilot with a pilot who holds qualifications that are superior to those required for the ordinary conduct of the ship for the docking or undocking of the ship, the pilotage charge is $295.30, plus $6.68 per unit, in addition to any other applicable charges.
5. Sections 6(see footnote 5) and 7(see footnote 6) of Schedule 2 to the Regulations are replaced by the following:
6. (1) If, after being under way, a ship is at anchor, compelled to remain stopped, unable to move on account of ice or aground within a district, a pilotage charge of $68.10 is payable, subject to subsection (2), for each hour or part of an hour that a pilot licensed for the district is detained on board the ship and continues to perform pilotage duties while it is anchored, compelled to remain stopped, unable to move or aground.
(2) The maximum charge payable under subsection (1) for any 24-hour period is $681.00.
Charges for Detention on Board Ship
7. If a pilot is detained on board a ship that is at a wharf or pier or waiting for a berth within the limits of a harbour, and is thereafter moved within the limits of the harbour, pilotage charges, not exceeding a maximum charge of $681.00 per 24-hour period, are payable as follows:
(a) for 30 minutes or more of detention but not more than one hour $68.10
(b) for each additional hour of detention or part of an hour $68.10
6. The heading (see footnote 7) before section 8 of Schedule 2 to the French version of the Regulations is replaced by the following:
Droits pour la prolongation du séjour d'un pilote sur terre
7. (1) Subsections 8(1)(see footnote 8) and (2)(see footnote 9) of Schedule 2 to the Regulations are replaced by the following:
8. (1) If, after the services of a pilot have been requested at Les Escoumins, the pilot reports for pilotage duty at the pilot boarding station and is detained for more than one half-hour, pilotage charges, not exceeding a maximum charge of $681.00 per 24-hour period, are payable as follows:
(a) for the first hour of detention or part of an hour $68.10
(b) for each additional hour of detention or part of an hour $68.10
(2) For the purpose of subsection (1), the detention begins at the later of
(a) the time for which the pilot was ordered to report for pilotage duty at the pilot boarding station, and
(b) the time at which the pilot actually reported for pilotage duty at the pilot boarding station.
(2) Subsection 8(3)(see footnote 10) of Schedule 2 to the French version of the Regulations is replaced by the following:
(3) Les droits de pilotage prévus au paragraphe (1) s'appliquent à toute autre station d'embarquement de pilotes où le séjour du pilote est prolongé par suite d'un bris mécanique ou pour tout autre motif lié au fonctionnement du navire, si le bris ou le motif est dûment noté sur la fiche de pilotage.
8. Subsections 9(1) to (3)(see footnote 11) of Schedule 2 to the Regulations are replaced by the following:
9. (1) Subject to subsections (3) and (4), if a request for pilotage services is cancelled after a pilot reports for pilotage duty, a pilotage charge of $261.92 is payable.
(2) Subject to subsections (3) and (4), in addition to the pilotage charge specified in subsection (1), if a request for pilotage services is cancelled more than one hour after the pilot is ordered to report for pilotage duty, a pilotage charge of $68.10 is payable for each hour, or part of an hour, from the time for which the pilotage services were requested or from the time the pilot actually reported for pilotage duty, whichever is later, until the request is cancelled.
(3) The maximum pilotage charge payable under subsections (1) and (2) is $681.00 per 24-hour period.
9. The heading(see footnote 12) before section 10 and sections 10(see footnote 13) and 11 of Schedule 2 to the Regulations are replaced by the following:
Charges for Overcarriage of Pilots Beyond a District
10. If a pilot is carried on a ship beyond the district for which the pilot is licensed, a pilotage charge of $681.00 is payable for each 24-hour period, or part of a period, during which the pilot is carried.
Travelling and Other Expenses
11. In addition to the pilotage charges set out in this Schedule, if a pilot is required to embark or disembark from a ship at a place other than the established pilot boarding stations at Les Escoumins, Port-Alfred, Chicoutimi, Québec, Trois-Rivières, Sorel, Lanoraie or Montréal, travelling and other expenses incurred by the pilot are payable as a pilotage charge.
10. Section 13 (see footnote 14) of Schedule 2 to the Regulations and the heading before it are repealed.
COMING INTO FORCE
11. These Regulations come into force on January 1, 2000.
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Regulations Amending the Corrections and Conditional Release Regulations
Statutory Authority
Corrections and Conditional Release Act
Sponsoring Department
Department of the Solicitor General
REGULATORY IMPACT ANALYSIS STATEMENT
Description
SCC/95-1-F — Administrative Segregation of Inmates
It is sometimes necessary to remove inmates from the general population of a penitentiary either for their own safety, the safety of other persons or the security of the penitentiary. They are held in a special controlled area of the penitentiary allowing limited or no contact with other inmates until the factors that required them to be segregated are no longer present. Segregated inmates are entitled to have their cases reviewed by a board of penitentiary officials no more than 5 days after they are placed in segregation and at least every 30 days thereafter. Under this procedure, the inmate must receive notice of the review hearing at least 3 days prior to its being held, in order to have the opportunity to prepare his or her case. This three-day interval is to the benefit of the inmate. However, it would also be appropriate to provide the inmate with the opportunity to consent to the reduction of that timeframe in order to accelerate the segregation review process.
To maintain this important procedural safeguard while allowing some flexibility, it is proposed that the regulations be amended to give the inmate the option of waiving the three-day period, thus enabling the review hearing to be held sooner in some situations.
Legal Authority: Paragraph 96(g) of the Corrections and Conditional Release Act.
SCC/95-4-F — Disposal of Goods and Services Produced by CORCAN
Current regulations state that goods and services produced by CORCAN (the Special Operating Agency responsible for penitentiary industries) may be "transferred, leased, loaned or provided to" government agencies, charitable organizations and purchasers on the open market. A minor amendment specifying that "provided to" includes rental will remove any possible ambiguity as to the authorized means of disposal of CORCAN products.
Legal Authority: Paragraph 96(s) of the Corrections and Conditional Release Act.
SCC/95-5-L — Disclosure of Information to Victims
Under the current Regulations, the authority to disclose information to victims under section 26 of the Corrections and Conditional Release Act rests with Correctional Service of Canada officials who are assigned specific responsibility for liaison with victims. This designation is too narrow. The officials responsible for coordinating victim liaison services are not normally the staff who, on a day-to-day basis, are contacted by victims requesting specific information about offenders. Such staffs are located in institutions and parole offices, and have immediate access to the information being sought. It is therefore proposed that the authority for release of information to victims be included under the general authorization provisions of the Regulations, thereby enabling an operationally appropriate designation of staff members permitted to disclose information to victims to be made in Commissioner's Directives.
Legal Authority: Paragraph 96(z.9) of the Corrections and Conditional Release Act.
SCC/95-6-F — Searches of Inmates
The current Regulations set out the circumstances in which a staff member of the same sex as the inmate may conduct a routine strip search of the inmate for the purpose of detecting contraband or other unauthorized objects. These circumstances include the situation where an inmate is entering or returning to a penitentiary, but not that where he or she is leaving the institution.
The lack of authority to strip search an inmate leaving a penitentiary creates significant risks, particularly where the inmate is on an escorted temporary absence. It is possible for an inmate to conceal a weapon capable of being used against the escort, which would be undetectable except through a strip search. It is therefore proposed to amend the Regulations to correct this omission.
Legal authority: Subparagraph 96(l)(iii) of the Corrections and Conditional Release Act.
SCC/95-7-F — Interception of Inmate Communications
The Corrections and Conditional Release Act provides a general right to inmates to have reasonable contact with persons outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
The Regulations specify the conditions in which authorization may be given for letters to and from inmates to be opened and read, or their conversations either by telephone or during visits listened to. The terms of the Regulations have caused operational problems because they do not adequately take into account the differences between communications which occur within the institution, such as conversations between inmates and their visitors, and those in which one of the parties is outside the institution, as is the case with mail or telephone conversations.
Visits occur within what is deemed the non-private environment of the penitentiary. The ability to monitor inmate-visitor conversations is essential because of the opportunity they provide to arrange the smuggling of drugs or to plan other activities dangerous to the security of the institution. Signs are posted in visiting areas informing inmates and visitors that their conversations may be monitored. It is therefore proposed that the Regulations be amended to exclude visits from the restrictions that it sets out applying to interception of communications. However, visits between inmates and persons designated as enjoying a right of privilege (parliamentarians, legal counsel, etc.) would still be afforded appropriate protections.
Legal authority: Paragraph 96(z.7) of the Corrections and Conditional Release Act.
SCC/95-8-F — Allowances to Released Offenders
The Regulations provide for the Service to grant an allowance to offenders on temporary absence, work release, parole or statutory release in order to enable them to meet their basic material needs and to comply with the requirements of their release plan. The current wording, however, makes it appear that the Service is obliged to pay an allowance in all cases, even when the offender may, through wages or other income, have the means to be completely self-supporting. This was not the intent, and it is proposed that the subsection be amended to clarify that the Service will grant an allowance in proportion to the offender's ability to contribute in meeting his or her expenses.
Legal authority: Paragraph 96(f) of the Corrections and Conditional Release Act.
Police Ethics Commissioner (Quebec)
Subsection 94(2) of the Corrections and Conditional Release Regulations restricts the interception of communications between an inmate and a person set out in the Schedule. Under the Quebec statute An Act respecting Police Organization, writings to and from the Police Ethics Commissioner must be transmitted unread by institutional authorities. For this reason, the Police Ethics Commissioner (Quebec) should be added to the Schedule.
Legal Authority: Paragraph 96(z.7) of the Corrections and Conditional Release Act.
Alternatives
The status quo would have meant that a number of operational problems would have remained unaddressed.
Benefits and Costs
The amendment to subsection 21(3) will result in speedier decisions on some administrative segregation cases, since it will allow consenting inmates to waive the normal three-day advance notice and proceed more quickly to a hearing.
The amendment to section 48 will improve the capacity of the Correctional Service of Canada to detect contraband through searches of inmates, thereby enhancing the safety of both members of the Service and the public.
The amendment to the Schedule adding the Police Ethics Commissioner to the list of privileged correspondents will bring the Regulations in line with the requirements of Québec legislation.
The other amendments, while not affecting current operational practice, will clarify the intent of the Regulations in the areas to which they apply, and thus result in less likelihood of disagreement as to interpretation.
Consultation
These Regulations apply only to federal offenders, and do not affect the general public. Except for the proposed amendment to the Schedule of the Regulations, the proposed amendments were first prepublished in the Canada Gazette, Part I, of August 17, 1996, and no comments or questions were received at the time. Extensive consultation took place during the drafting of the Act as well as when it was amended. These amendments being of a minor nature, it is felt that the proposed communications plan will sufficiently transmit the Service's intentions in these changes.
Compliance and Enforcement
The Correctional Service of Canada's internal audit and review procedures will monitor compliance with these provisions.
Contact
Vladimir Kozicki, Senior Project Manager, Policy and Strategic Planning, Correctional Service of Canada, 340 Laurier Avenue W, Ottawa, Ontario K1A 0P9, (613) 995-7516 (Telephone), (613) 943-0715 (Facsimile), kozickivc@csc-scc.gc.ca. (Electronic mail).
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to section 96(see footnote d) of the Corrections and Conditional Release Act,(see footnote e) proposes to make the annexed Regulations Amending the Corrections and Conditional Release Regulations.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Vladimir Kozicki, Senior Project Manager, Policy and Strategic Planning, Correctional Service of Canada, 340 Laurier Avenue W, Ottawa, Ontario K1A 0P9, (613) 995-7516 (Telephone), (613) 943-0715 (Facsimile), kozickivc@csc-scc.gc.ca (Electronic mail).
Ottawa, June 23, 1999
MARC O'SULLIVAN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE CORRECTIONS AND CONDITIONAL RELEASE REGULATIONS
AMENDMENTS
1. Section 5 of the Corrections and Conditional Release Regulations (see footnote 15) is replaced by the following:
5. A staff member who is designated by name or position for that purpose in Commissioner's Directives may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by any of the following provisions of the Act:
(a) section 26;
(b) subsection 27(3);
(c) section 29; and
(d) subsection 81(3).
2. Paragraph 21(3)(a) of the Regulations is replaced by the following:
(a) is given, at least three working days before the hearing, notice in writing of the hearing and the information that the Board will be considering at the hearing, unless the inmate consents to a shorter period;
3. Paragraph 48(a) of the Regulations is replaced by the following:
(a) the inmate is entering, leaving or returning to a penitentiary;
4. Subsection 90(2) of the Regulations is replaced by the following:
(2) Subject to subsection 94(2), the institutional head or a staff member designated by the institutional head may, for the purpose of protecting the security of the penitentiary or the safety of any person, authorize the visual or auditory monitoring of a visiting area by a staff member or a mechanical device, and the monitoring shall be carried out in the least obtrusive manner necessary in the circumstances.
5. The portion of subsection 94(1) of the Regulations before paragraph (a) is replaced by the following:
94. (1) Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a person who is outside the penitentiary, including letters, telephone conversations and any other means of communication, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds
6. Section 106 of the Regulations is replaced by the following:
106. (1) Goods and services that are produced or made available by CORCAN may be transferred, leased, loaned, rented or provided to
(a) any department, branch or agency of the Government of Canada or the government of a province or to any municipality; or
(b) any charitable, non-profit, religious or spiritual organization.
(2) Goods and services that are produced or made available by CORCAN may be sold to any department, branch, agency or organization set out in subsection (1) and to any other purchaser in the ordinary course of trade under competitive conditions.
7. Subsection 120(3) of the Regulations is replaced by the following:
(3) Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, subject to the conditions set out in Commissioner's Directives, the offender is provided with an allowance to ensure that the offender's basic material needs are met and to permit the offender to comply with the requirements of the release plan.
8. The schedule to the Regulations is amended by adding the following after item 20:
21. Police Ethics Commissioner (Quebec)
COMING INTO FORCE
9. These Regulations come into force on the day on which they are registered.
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S.C., 1998, c. 10, s. 150
S.C., 1998, c. 10, s. 149
S.C., 1996, c. 10
SOR/95-523
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
SOR/97-565
S.C., 1995, c. 42, s. 25 and subpar. 72(a)(ii)
S.C., 1992, c. 20
SOR/92-620
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