Canada Gazette, Part I, Volume 151, Number 7: Regulations Amending the Pacific Pilotage Tariff Regulations
February 18, 2017
Pacific Pilotage Authority
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues: Due to increased costs in 2013, 2014, 2015 and 2016 resulting from long-term contracts, collective agreements and general inflationary pressures, the Pacific Pilotage Authority (the Authority) needs to amend the Pacific Pilotage Tariff Regulations (the Regulations) to ensure the revenue it receives from pilotage tariffs is sufficient to cover its costs of providing the pilotage services for its clients.
Description: The following amendments to the Regulations are proposed.
- Increase by 2.9% its general tariff for all charges at April 1, 2017 (with the exception of the pilot boat and helicopter charge).
- Increase by 7% its pilot boat and helicopter charge at April 1, 2017 (with the exception of Pine Island, which will remain the same).
- Modify the Regulations to add section 18 (after Remote Port Charges) for the implementation of a $20 per assignment technology fee (replacing Portable Pilotage Units [PPUs]).
Cost-benefit statement: The cost-benefit analysis shows that the impact of the cost to the shipping industry would be approximately $2.1 million in 2017. This is equivalent to the value of the revenue that the Authority would receive.
The main benefit of the proposed amendments is that the Authority would be able to continue to provide sustainable service to industry as a result of the increased revenues these fees will bring. Without the fee increases, the Authority would run out of available cash to operate and thus would need to reduce service levels in response.
These services are beneficial in that they provide stakeholders with a safe, efficient and timely pilotage service that ensures the protection of the public and its health, while taking into account environmental and social concerns, as well as weather conditions, currents, and traffic conditions. The service will also ensure the protection of recreational boating and fishing, and tourism interests.
Based on cost comparisons with the Authority's closest competitors (Seattle, Tacoma), it is highly unlikely that this tariff increase will cause traffic to divert. As a result, the value of the pilotage service is worth at least (at a minimum) the increased rates.
“One-for-One” Rule and small business lens: The “One-for-One” Rule does not apply to this proposal, as there is no change in compliance or administrative costs to businesses.
The small business lens does not apply to this proposal.
Domestic and international coordination and cooperation: These proposed amendments are not inconsistent, nor do they interfere with the actions planned by other government departments and agencies or another level of government.
The Authority is responsible for maintaining and administering, in the interests of safety, an efficient pilotage service within all Canadian waters in and around the province of British Columbia. This area covers all waters between Washington State in the south to Alaska in the north, including Vancouver Island and the Fraser River.
Due to increased costs in 2013, 2014, 2015 and 2016 resulting from long-term contracts, collective agreements and general inflationary pressures, the Authority is seeking to match its anticipated cost pressures, thus preventing bank borrowings to fund these increasing operating costs, which would further result in interest charges and erode the financial position of the Administration.
The objective of the proposed amendments to the Regulations is to allow the Authority, a Crown corporation listed in Schedule III to the Financial Administration Act, to operate on a self-sustaining financial basis as required by section 33 of the Pilotage Act. The proposed amendments are intended to ensure the Authority remains in a positive cash flow basis for 2017. The proposed amendments would help to cover the costs of pilotage services to its clients while the Authority continues to provide a safe and efficient pilotage service in accordance with the Pilotage Act.Description
The Authority proposes to increase its charges as follows:
- increase by 2.9% its general tariff for all charges at April 1, 2017 (with the exception of the pilot boat and helicopter charge);
- increase by 7% its pilot boat and helicopter charge at April 1, 2017 (with the exception of Pine Island, which will remain the same); and
- modify the Regulations to add section 18 (after Remote Port Charges) for the implementation of a $20 per assignment technology fee (replacing Portable Pilotage Units [PPUs]).
These increases will fund expense increases that have been incurred under labour and service agreements for the years 2013, 2014, 2015 and 2016. The Authority has posted deficits through each of these years as a result of these increases in costs. In order to maintain its self-sufficiency mandate, the Authority requires the changes outlined above for 2017.
The Authority has extensively consulted with industry in order to ensure there is a complete understanding for the need to adjust the tariff as proposed and has, as a result, received support from both the Chamber of Shipping and the Shipping Federation of Canada for these amendments to the tariff.
Regulatory and non-regulatory options considered
The retention of the existing tariff rates was considered as a possible option. However, the Authority rejected this status quo alternative since the increase of tariff rates is necessary to reflect the actual costs for the various pilotage services provided to the industry. These proposed amendments would ensure that the Authority maintains its financial self-sufficiency.
The Authority consulted extensively with industry in 2016. At these meetings, the Authority took the audience through its advanced marine forecasting tool and allowed the audience to make adjustments to and provide input into the model to see the effect of their input to the Authority's financial position (i.e. how would a change to the number of new apprentice hires, to volume assumptions, to fees or to a specific launch station change the Authority's ending cash position).
As a result, the Authority emerged with 18 separate options and scenarios in its determination of the best final tariff amendment for 2017. The Authority's model allowed users to take the following adjustable components into consideration:
- Changes in assignment mixes for any of 16 different industries for the years 2017–2021;
- Changes in the unit fee;
- Changes in the hourly fee;
- Changes in the travel fee;
- Changes in the launch and helicopter fee for each of Brotchie, Triple Island, Prince Rupert Anchorages 8 and 9, Prince Rupert Anchorages 10 to 31, Sand Heads and Pine Island;
- Changes to the launch replacement fee;
- Changes in the short-term temporary surcharge (both the fee and the term of the fee);
- Changes in assumptions about the helicopter program (whether to stop the program or not, the costs therein, the percentages of assignments catered to, the possibility of a separate helicopter fee);
- Changes to the investment balance and the speed of replenishing the balance;
- Changes in the number of new apprentices hired;
- Changes in the rate of attrition of existing pilots; and
- Changes in assumptions on the likelihood of a crude oil and/or liquefied natural gas (LNG) project moving ahead.
Further material reductions in operating costs are not deemed to be an alternative since it could reduce the quality of service provided. Similar to prior years, approximately 90% of the Authority's total annual expenditures are covered by either a service contract or collective agreements. The Authority has maintained its administrative expenses at the lowest possible level, in the range of 8% of annual revenues.
|Base Year: 2017||Final Year: 2026||Total (PV)||Annualized Average|
|A. Quantified impacts (in Can$, 2017 price level / constant dollars)|
|B. Quantified impacts in non-$ (e.g. from a risk assessment)|
|Positive impacts||By stakeholder||—||—||—|
|Negative impacts||By stakeholder||—||—||—|
|C. Qualitative impacts|
Short list of qualitative impacts (positive and negative) by stakeholder.
Shipping industry — Efficient and timely pilotage services in navigable waters with the jurisdiction of the Pacific Pilotage Authority.Pacific Pilotage Authority — Sustainability of the Pacific Pilotage Authority.
Canadians — Safe shipping on the west coast of Canada. Sustainability of the Pacific Pilotage Authority will avoid layoffs and the associated consequences for unemployment.
Canadian importers and exporters — There is potential for the shipping industry to pass on the cost of the increased tariff to importers and exporters in the Pacific pilotage area. However, the increased costs represent an insignificant part of the industry's total costs and the pass-through cost would be negligible.
The Authority is adjusting its tariff in 2017 by rates that only allow the Authority to continue to operate as a going concern. The Authority will therefore be reducing its investments in 2017 to below $500,000, determined to be just enough to pay for unanticipated engine failures. This way, the Authority has shown that it has released all available surpluses to industry in order to provide any and all financial support within this current weak economic climate.
The cost assumptions shown in the table below are based on the Authority's corporate plan traffic level projections for 2017.
|Incremental Impact on Annual Gross Revenues||Date
|Pilotage assignment fees including pilotage unit, time charges, travel charges and other (but excluding the charges mentioned below)||2.90%
|Launch and helicopter charges||7.00%
|Technology charges||$20 per assignment
|Total impact on annual gross revenues in the year noted||$2,105,225|
|Average cost increase per trip based on 2017 corporate plan traffic budget||$172|
|Total trips per annum||12 236|
The Authority is forecasting an increase in revenues for 2017 of $2,105,225 as a result of this tariff amendment. On an average invoice total of $6,192 per vessel, the 2017 increases will add $172 per trip.
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal.
The Authority has committed to regular consultation with the Chamber of Shipping and the Shipping Federation of Canada, who represent the shipping community on the west coast of British Columbia, along with other shipping community members including the North West and Canada Cruise 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 extensively with industry in 2016, including holding meetings with all the associations mentioned above, as well as holding an open house for all association members. At these meetings, the Authority took the audience through its advanced marine forecasting tool and allowed the audience to make adjustments to and provide input into the model to see the effect of their input on the Authority's financial position (i.e. how a change to the number of new apprentice hires, or a change to volume assumptions, or a change to fees or a specific launch station would change the Authority's ending cash position).
The intention was to ensure that all users gained insight into the Authority's financial position and plans for 2017 through 2021. As a result of this extensive consultation, the Authority received letters of support from both the Chamber of Shipping and the Shipping Federation of Canada for its 2017 tariff.
The Authority has experienced increased costs since 2013 mainly due to a long-term service agreement with contract pilots and collective agreements covering employee pilots and launch employees. The benefit of these long-term contracts is the stability and certainty provided to industry. However, the fees that the Authority has levied on industry have not kept pace with these actual cost increases.
This was anticipated and driven by a Board-approved move by the Authority to levy lower tariff increases on industry in order to push the Authority into sustained cash losses until all available surpluses had been transferred from the Authority to industry without sacrificing the Authority's position as a going concern. This has now run its course, and the Authority needs to bring its margins back into line.
Under the status quo, a further reduction in operating costs and the selling of assets are not feasible options, as they would result in reduced service levels to industry. Additionally, they would compromise the Authority's financial self-sufficiency and/or its ability to provide safe and efficient pilotage services.
These increases for 2017 will be used exclusively to fund the expense increases that have been incurred already.
Implementation, enforcement and service standards
Section 45 of the Act provides an enforcement mechanism for the Pacific Pilotage Tariff 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. Section 48 of the Act stipulates that every person who fails to comply with Part I of the Act (other than section 15.3) and some of its regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000. These existing mechanisms are expected to be sufficient for the implementation and enforcement of the amendments.
Finance and Administration
Pacific Pilotage Authority
1130 West Pender Street, Suite 1000
Vancouver, British Columbia
PROPOSED REGULATORY TEXT
Notice is given, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act (see footnote b), that the Pacific Pilotage Authority, pursuant to subsection 33(1) of that Act, proposes to make the annexed Regulations Amending the Pacific Pilotage Tariff Regulations.
Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including the public interest that is consistent with the national transportation policy set out in section 5 (see footnote c) of the Canada Transportation Act (see footnote d), may file a notice of objection setting out the grounds for the objection with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection must 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. The notice of objection must also be filed with the Minister of Transport and the Pacific Pilotage Authority in accordance with subsection 34(3) (see footnote e) of the Pilotage Act (see footnote f).
Vancouver, February 10, 2017
Chief Executive Officer, Pacific Pilotage Authority
Regulations Amending the Pacific Pilotage Tariff Regulations
1 (1) Paragraphs 6(2)(a) and (b) of the Pacific Pilotage Tariff Regulations (see footnote 1) are replaced by the following:
- (a) $3.7342 multiplied by the pilotage unit, and
- (b) $0.01091 multiplied by the gross tonnage of the ship.
(2) Subsection 6(3) of the Regulations is replaced by the following:
(3) Subject to subsection (4), 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 $6.4193 multiplied by the pilotage unit.
(3) Paragraphs 6(4)(a) and (b) of the Regulations are replaced by the following:
- (a) $5.6015 multiplied by the pilotage unit, and
- (b) $0.0164 multiplied by the gross tonnage of the ship.
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 $994.63.
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 $1,919.09 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 $2,559.12 per pilot is payable in addition to any other charges.
4 Section 15 of the Regulations is 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 $859.22 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 $1,718.43 is payable in addition to any other charges.
5 The portion of section 16 of the Regulations before paragraph (a) is replaced by the following:
16 A charge of $1,615.08 is payable in addition to any other charges on each occasion that
6 Section 17 of the Regulations is replaced by the following:
17 On each occasion that a pilotage order is initiated for any place other than a pilot boarding station, a charge of $5,179.99 per pilot is payable in addition to any other charges.
18 For each assignment to a ship set out in column 1 of Schedule 2, in waters set out in column 2, a technology charge of $20 is payable in addition to any other charges.
7 Schedule 2 to the Regulations is amended by replacing the reference after the heading “SCHEDULE 2” with the following:
(Sections 6 and 18)
Time Charge ($)
Cancellation Charge ($)
Charge ($) (per hour or part of an hour)
Transportation Charges ($)
Brotchie Ledge Charge ($)
Sand Heads Charge ($)
Triple Islands Charge ($)
Pine Island Charge ($)
Coming into Force
15 These Regulations come into force on the day on which they are registered.