Government of Canada
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Vol. 133, No. 48 — November 27, 1999

Regulations Amending the Great Lakes Pilotage Tariff Regulations

Statutory Authority

Pilotage Act

Sponsoring Agency

Great Lakes Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Great Lakes Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in the province of Quebec, south of the north entrance to St. Lambert Lock and in and around the provinces of Ontario and Manitoba. In addition, the Authority 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 extends the one-year tariff reduction of 5 percent for pilotage services for an additional year in the area of the Welland Canal and in the Cornwall District. The tariff charges will revert to their 1998 level on January 1, 2001.

Due to the Authority's cost-cutting program in its operations during the past few years, the Authority is maintaining this reduction in the tariff which is expected to derive the revenues needed to operate in a break-even position on a day-to-day basis. This measure is consistent with the Authority's principle of ensuring that pilotage charges are fair and reasonable and fixed at a level that permits the Authority to operate on a self-sustaining financial basis.

Alternatives

Despite the freeze in tariff charges during the past five years, and the 5 percent reduction in the Canadian sectors for 1999, the Authority has been able to build up a small surplus fund due to its cost-cutting program with respect to operations. This fund allows for unforeseen contingencies.

The Authority considered reverting to the 1998 level with respect to tariff charges as previously scheduled, but recognized that this fiscal policy would probably generate additional surplus funds, greater than those required to cover contingency measures. The Authority consequently rejected this option and decided to extend the term of its 5 percent reduction in tariff charges for an additional year, terminating on January 1, 2001. This initiative will ensure that the Authority's tariff charges for pilotage services are fair and reasonable and fixed at a level that will still permit the Authority to operate on a self-sustaining financial basis.

Benefits and Costs

Users will benefit from this tariff reduction and will save an estimated $350,000 in pilotage costs during this period. This represents a cost savings of $350 per ship for a complete transit of the system from St. Lambert Lock to Thunder Bay.

It should be noted that this reduction in the tariff charges will not have a negative impact upon safety or the quality of pilotage services.

Consultation

The Authority consulted with the Shipping Federation of Canada and the Canadian Shipowners Association in September 1999 and these two organizations, which represent almost all users, support this initiative.

Compliance and Enforcement

Section 45 of the Pilotage 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.

Contact

Mr. R. F. Lemire, Chief Executive Officer, Great Lakes Pilotage Authority, P.O. Box 95, Cornwall, Ontario K6H 5R9, (613) 933-2991 (Telephone), (613) 932-3793 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 34(1)(see footnote a) of the Pilotage Act, that the Great Lakes Pilotage Authority proposes, pursuant to section 33(see footnote b) of that Act, to make the annexed Regulations Amending the Great Lakes Pilotage Tariff Regulations.

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.

R.F. LEMIRE
Chief Executive Officer
Great Lakes Pilotage Authority

REGULATIONS AMENDING THE GREAT LAKES PILOTAGE TARIFF REGULATIONS

AMENDMENTS

1. (1) Paragraphs 1(4)(a)(see footnote 1) and (b)(see footnote 2) of Schedule I to the Great Lakes Pilotage Tariff Regulations(see footnote 3) are replaced by the following:

(a) until December 31, 2000, $31.83 for each kilometre ($53.02 for each statute mile), plus $197.60 for each lock transited, with a minimum charge of $659.30; and

(b) beginning January 1, 2001, $33.50 for each kilometre ($55.81 for each statute mile), plus $208.00 for each lock transited, with a minimum charge of $694.00.

(2) Clauses 1(5)(a)(i)(A)(see footnote 4) and (B)(see footnote 5) of Schedule I to the Regulations are replaced by the following:

(A) until December 31, 2000 $1,216.00

(B) beginning January 1, 2001 1,280.00 .

(3) Clauses 1(5)(a)(ii)(A)(see footnote 6) and (B)(see footnote 7) of Schedule I to the Regulations are replaced by the following:

(A) until December 31, 2000 1,216.00

(B) beginning January 1, 2001 1,280.00

2. (1) Paragraphs 3(1)(a)(see footnote 8) and (b)(see footnote 9) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $44.65

(b) beginning January 1, 2001 47.00

(2) Paragraphs 3(2)(a)(see footnote 10) and (b)(see footnote 11) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $707.75

(b) beginning January 1, 2001 745.00

3. (1) Paragraphs 4(1)(a)(see footnote 12) and (b)(see footnote 13) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $44.65

(b) beginning January 1, 2001 47.00

(2) Paragraphs 4(2)(a)(see footnote 14) and (b)(see footnote 15) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $707.75

(b) beginning January 1, 2001 745.00

4. (1) Paragraphs 5(1)(a)(see footnote 16) and (b)(see footnote 17) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $267.90

(b) beginning January 1, 2001 282.00

(2) Paragraphs 5(2)(a)(see footnote 18) and (b)(see footnote 19) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $44.65

(b) beginning January 1, 2001 47.00

(3) Paragraphs 5(3)(a)(see footnote 20) and (b)(see footnote 21) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $707.75

(b) beginning January 1, 2001 745.00

5. (1) Paragraphs 7(1)(a)(see footnote 22) and (b)(see footnote 23) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $273.60

(b) beginning January 1, 2001 288.00

(2) Paragraphs 7(2)(a)(see footnote 24) and (b)(see footnote 25) of Schedule I to the Regulations are replaced by the following:

(a) until December 31, 2000 $273.60

(b) beginning January 1, 2001 288.00

6. (1) Paragraphs 1(1)(a)(see footnote 26) and (b)(see footnote 27) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $2,135.60

(b) beginning January 1, 2001 2,248.00

(2) Paragraphs 1(2)(a)(see footnote 28) and (b)(see footnote 29) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000, $9.80 for each kilometre ($16.33 for each statute mile), plus $272.65 for each lock transited; and

(b) beginning January 1, 2001, $10.32 for each kilometre ($17.19 for each statute mile), plus $287.00 for each lock transited.

(3) Paragraphs 1(3)(a)(see footnote 30) and (b)(see footnote 31) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $549.10

(b) beginning January 1, 2001 578.00

7. Paragraphs 2(a)(see footnote 32) and (b)(see footnote 33) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $382.85

(b) beginning January 1, 2001 403.00

8. Paragraphs 3(a)(see footnote 34) and (b)(see footnote 35) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $822.70

(b) beginning January 1, 2001 866.00

9. (1) Paragraphs 4(1)(a)(see footnote 36) and (b)(see footnote 37) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $70.30

(b) beginning January 1, 2001 74.00

(2) Paragraphs 4(2)(a)(see footnote 38) and (b)(see footnote 39) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $1,097.25

(b) beginning January 1, 2001 1,155.00

10. (1) Paragraphs 5(1)(a)(see footnote 40) and (b)(see footnote 41) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $70.30

(b) beginning January 1, 2001 74.00

(2) Paragraphs 5(2)(a)(see footnote 42) and (b)(see footnote 43) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $1,097.25

(b) beginning January 1, 2001 1,155.00

11. (1) Paragraphs 6(1)(a)(see footnote 44) and (b)(see footnote 45) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $410.40

(b) beginning January 1, 2001 432.00

(2) Paragraphs 6(2)(a)(see footnote 46) and (b)(see footnote 47) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $70.30

(b) beginning January 1, 2001 74.00

(3) Paragraphs 6(3)(a)(see footnote 48) and (b)(see footnote 49) of Schedule II to the Regulations are replaced by the following:

(a) until December 31, 2000 $1,097.25

(b) beginning January 1, 2001 1,155.00

COMING INTO FORCE

12. These Regulations come into force on the day on which they are registered.

[48-1-o]

Footnote a

S.C. 1998, c. 10, s. 150

Footnote b

S.C. 1998, c. 10, s. 149

Footnote c

S.C. 1996, c. 10

Footnote 1

SOR/99-156

Footnote 2

SOR/99-156

Footnote 3

SOR/84-253; SOR/96-409

Footnote 4

SOR/99-156

Footnote 5

SOR/99-156

Footnote 6

SOR/99-156

Footnote 7

SOR/99-156

Footnote 8

SOR/99-156

Footnote 9

SOR/99-156

Footnote 10

SOR/99-156

Footnote 11

SOR/99-156

Footnote 12

SOR/99-156

Footnote 13

SOR/99-156

Footnote 14

SOR/99-156

Footnote 15

SOR/99-156

Footnote 16

SOR/99-156

Footnote 17

SOR/99-156

Footnote 18

SOR/99-156

Footnote 19

SOR/99-156

Footnote 20

SOR/99-156

Footnote 21

SOR/99-156

Footnote 22

SOR/99-156

Footnote 23

SOR/99-156

Footnote 24

SOR/99-156

Footnote 25

SOR/99-156

Footnote 26

SOR/99-156

Footnote 27

SOR/99-156

Footnote 28

SOR/99-156

Footnote 29

SOR/99-156

Footnote 30

SOR/99-156

Footnote 31

SOR/99-156

Footnote 32

SOR/99-156

Footnote 33

SOR/99-156

Footnote 34

SOR/99-156

Footnote 35

SOR/99-156

Footnote 36

SOR/99-156

Footnote 37

SOR/99-156

Footnote 38

SOR/99-156

Footnote 39

SOR/99-156

Footnote 40

SOR/99-156

Footnote 41

SOR/99-156

Footnote 42

SOR/99-156

Footnote 43

SOR/99-156

Footnote 44

SOR/99-156

Footnote 45

SOR/99-156

Footnote 46

SOR/99-156

Footnote 47

SOR/99-156

Footnote 48

SOR/99-156

Footnote 49

SOR/99-156


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