Vol. 142, No. 26 — December 24, 2008

Registration

SOR/2008-311 December 12, 2008

PILOTAGE ACT

Regulations Amending the Pacific Pilotage Tariff Regulations

RESOLUTION

Whereas the Pacific Pilotage Authority, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act (see footnote b), published a copy of the proposed Regulations Amending the Pacific Pilotage Tariff Regulations, in the annexed form, in the Canada Gazette, Part I, on October 4, 2008;

Therefore, the Pacific Pilotage Authority, pursuant to subsection 33(1) of the Pilotage Act (see footnote c), hereby makes the annexed Regulations Amending the Pacific Pilotage Tariff Regulations.

Vancouver, November 4, 2008

KEVIN OBERMEYER
President and Chief Executive Officer
Pacific Pilotage Authority

P.C. 2008-1900 December 12, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 33(1) of the Pilotage Act (see footnote d), hereby approves the annexed Regulations Amending the Pacific Pilotage Tariff Regulations, made by the Pacific Pilotage Authority.

REGULATIONS AMENDING THE PACIFIC PILOTAGE TARIFF REGULATIONS

AMENDMENTS

1. Subsections 6(2) and (3) of the Pacific Pilotage Tariff Regulations (see footnote 1) are replaced by the following:

(2) For an assignment to a ship that is 215 m or more in overall length, in the Seymour Narrows, the pilotage charge payable is $4.989 multiplied by the pilotage unit.

(3) For an assignment to a tethered tanker ship with a deadweight tonnage (summer) that exceeds 39 999 metric tons, in any waters, the pilotage charge payable is $4.301 multiplied by the pilotage unit.

2. Section 8 of the Regulations is replaced by the following:

8. Despite sections 6 and 7, the total charges payable under those sections in respect of a ship shall not be less than $799.83.

3. Subsections 10(2) and (3) of the Regulations are replaced by the following:

(2) If a pilot embarks on or disembarks from a ship at Anacortes, Bellingham, Cherry Point or Ferndale, in the State of Washington, a charge of $1,544 per pilot is payable in addition to any other charges.

(3) If a pilot embarks on or disembarks from a ship at an out-of-Region location that is not listed in subsection (2), a charge of $2,058 per pilot is payable in addition to any other charges.

4. Sections 15 and 16 of the Regulations are replaced by the following:

15. (1) On each occasion that a pilotage order is initiated during the period that begins at 06:00 and ends at 17:59 with less than 10 hours’ notice for local assignments and less than 12 hours’ notice for all other assignments, a charge of $691.23 is payable in addition to any other charges.

(2) On each occasion that a pilotage order is initiated during the period that begins at 18:00 and ends at 05:59 with less than 10 hours’ notice for local assignments and less than 12 hours’ notice for all other assignments, a charge of $1,382.46 is payable in addition to any other charges.

HAMPERED SHIP CHARGES

16. On each occasion that the master or agent of a ship who initiates a pilotage order fails to inform the Authority that the ship is a hampered ship that may require a bridge watch exceeding eight consecutive hours, a charge of $1,298.75 is payable in addition to any other charges.

5. The Regulations are amended by adding the following after section 16:

17. On each occasion that a pilotage order is initiated for any place other than a pilot boarding station, a charge of $4,620 per pilot is payable in addition to any other charges.

6. The portion of items 1 to 3 of Schedule 2 to the Regulations in column 3 is replaced by the following:

Item	Column 3 Amount ($)
1.	3.4412
2.	6.8824
3.	3.4412

7. The portion of item 1 of Schedule 3 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Time Charge ($)
1.	172.81

8. The portion of items 1 and 2 of Schedule 4 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Cancellation Charge ($)
1.	691.23
2.	172.81

9. The portion of items 1 to 3 of Schedule 5 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Charge ($) (per hour or part of an hour)
1.	172.81
2.	172.81
3.	172.81

10. The portion of items 1 to 6 of Schedule 6 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Transportation Charges ($)
1.	150
2.	142
3.	1,228
4.	471
5.	471
6.	150

11. Schedule 6 to the Regulations is amended by adding the following after item 6:

Item	Column 1 Assignment	Column 2 Transportation Charges ($)
7.	a Pine Island assignment	4,705

12. Schedule 7 to the Regulations is replaced by the Schedule 7 set out in the schedule to these Regulations.

COMING INTO FORCE

13. These Regulations come into force on January 1, 2009.

SCHEDULE
(Section 12)

SCHEDULE 7
(Sections 12 and 13)

PILOT BOAT AND HELICOPTER CHARGES

Item	Column 1 Location	Column 2 Charge ($)	Column 3 Additional Charge	Column 4 Pilot Boat Replacement Charge ($)
1.	Brotchie Ledge	442	n/a	180
2.	Sand Heads	1,386	n/a	180
3.	Triple Islands	2,772	n/a	180
4.	Cape Beale	5,315	n/a	n/a
5.	Pine Island	2,998	n/a	n/a
6.	English Bay	218	$53 for each period of 15 minutes that a pilot boat is detained on standby	n/a
7.	the entrance to Nanaimo Harbour	685	n/a	n/a

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The amendments to the PacificPilotage Tariff Regulations allow the Pacific Pilotage Authority (the Authority), a Crown Corporation listed in the Schedule III to the Financial Administration Act, to operate on a self-sustaining financial basis. The adjustments in the pilotage charges, which are consistent with the costs of providing the services, result from annual service and collective agreement contract adjustments for 2009.

The Authority, which covers the areas between Washington State in the south to Alaska in the north, including Vancouver Island and Fraser River areas, is responsible for operating, maintaining and administering, in the interests of safety, an efficient pilotage service within all Canadian waters in and around the province of British Columbia. Section 33 of the Pilotage Act allows the Authority to prescribe tariffs of pilotage charges that are fair and reasonable to permit the Authority to operate on a self-sustaining financial basis.

Description and rationale

The Authority increases by 3.9% its general tariff for the following pilotage charges:

• pilotage assignments;
• time charges for bridge watches and minimum charges;
• cancellation charges, out-of-region charges, transportation charges, pilot boat and helicopter charges will increase in order to ensure financial self-sufficiency in each individual area.

The Authority is also amending so that on each occasion that a pilotage order would be initiated for any place other than a pilot boarding station, a charge of $4,620 per pilot would be payable in addition to any other charges.

The adjustment offsets the increased costs in providing pilotage services and launch operations, thereby ensuring that the Authority will continue to operate on a self-sustaining financial basis.

The increase in the pilotage charges is consistent with the current costs of providing the service and it is anticipated that these adjustments will result in an annual increase of $3,396,000 in gross revenue. This will result in an average increase of $267 per pilotage assignment for the users. Increased fuel costs and airline surcharges amounting to $917,000 are included in the annual increase mentioned above.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals of 1999 and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of these amendments was conducted, in the form of a Preliminary Scan. The SEA concluded that the amendments are not likely to have important environmental effects.

Consultation

The Authority has committed to regular consultation with the Chamber of Shipping, who represents the shipping community on the West Coast of British Columbia, along with other shipping community members including North West Cruiseship Association, agents, terminal operators and shipowners. This consultation covers all aspects of the Authority’s operation including financial, operational and regulatory matters.

The Authority consulted the Chamber of Shipping, on May 12, 2008 and May 28, 2008. By way of a letter dated July 11, 2008, the Chamber of Shipping indicated its support to this tariff increase for January 1, 2009.

These amendments were pre-published in the Canada Gazette, Part I, on October 4, 2008, to seek comments of the public and allow interested persons to file a notice of objection. No notices of objection were filed with the Canadian Transportation Agency.

Implementation, enforcement and service standards

Section 45 of the Pilotage Act provides that no customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by the Authority that pilotage charges in respect of the ship are outstanding and unpaid.

Contact

Kevin Obermeyer
President and Chief Executive Officer
Pacific Pilotage Authority
1130 West Pender Street, Suite 1000
Vancouver, British Columbia
V6E 4A4
Telephone: 604-666-6771
Fax: 604-666-1647
Email: oberkev@ppa.gc.ca.

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

Footnote b
R.S., c. P-14

Footnote c
R.S., c. P-14

Footnote d
R.S., c. P-14

Footnote 1
SOR/85-583

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