Table of Contents 

Public Port Fees

Berthage Charges

(Effective January 1, 2004)

Short Title

1.      This Notice may be cited as the Public Port Facilities Berthage Charges Tariff Notice.

Interpretation

2.     In this Notice,

"berth" means a location at a port facility where a vessel may be moored;

"berthage charge" means a charge in respect of a vessel that is secured to or moored at or occupies a berth or part thereof or is fast to or tied up alongside any other vessel occupying a berth;

"day" means a period of twenty-four consecutive hours;

"float" means a floating structure designed for the mooring or berthing of vessels and includes a floating wharf;

"owner" includes the agent, charterer by demise or master of a vessel;

"port facility" means a wharf, pier, breakwater, terminal, warehouse or other building or work located in, on or adjacent to navigable waters used in connection with navigation or shipping and includes all land incidental to their use;

"public port facility" means a port facility designated as a public port facility under section 65 of the Canada Marine Act;

"wharf" means any wharf that is a public port facility.

Application

3.     This Notice applies in respect of vessels that come into or use a public port facility under the administration, management and control of Transport Canada.

3.1.  Subject to Section 6, this Notice is binding on all vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

 Charges

4.     Berthage charges shall be calculated on the basis set out in Schedule "D" in an amount determined by multiplying the unit basis set out in Column II of an item described in Column I by the relevant rate set out in Column III of that item.

4.1.  Subject to Section 4.2, a berthage charge is payable in respect of a vessel only for the first time that vessel uses a given wharf in any one day.

4.2.  A berthage charge in respect of a vessel engaged in the coasting trade of Canada or in a ferry service for which a berthage charge is made is payable each time the vessel uses a wharf.

4.3.  The berthage charges prescribed by this Notice are due on demand and shall be paid to Transport Canada pursuant to the terms and conditions of the invoice.

4.4.  The berthage charges prescribed by this Notice are in addition to any other charges prescribed in any other Notice or that may be owing to Transport Canada.

Measurement of Vessels

5.     Transport Canada or its representative reserves the right, in its sole discretion, to determine the length of any vessel that does not have a registered length and the length so determined shall be deemed to be the length of that vessel for the purpose of this Notice.

Exemptions

6.     Berthage charges are not payable in respect of any vessel that is

(a)    a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces, a ship of a visiting force within the meaning of the Visiting Forces Act or any other ship which it is under the command of the Royal Canadian Mounted Police;

(b)    not ordinarily engaged in trade and that is owned by Her Majesty in right of a province or by the government of a foreign country;

(c)    exempt from the payment of berthage charges by the terms of any agreement between Canada and any foreign country;

(d)    a fishing vessel berthed at a public port facility while it is loading supplies, including fish bait, or unloading the vessel’s catch of fish; or

(e)    berthed at a wharf that is leased under the authority of, or in respect of which a separate tariff of tolls and dues is made by the Governor in Council.

Schedule "D"

PUBLIC PORT FACILITIES BERTHAGE CHARGES

SCHEDULE OF RATES