Table of Contents 

Public Port Fees

Harbour Dues
(amended as of September 15, 2003)

(Effective January 1, 2004)

Short Title

1.     This Notice may be cited as the Public Harbour Dues Tariff Notice.

Interpretation

2.     In this Notice,

"harbour dues" means a toll on a vessel that comes into or uses a public port;

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

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

"tonnage measurement certificate" means a certificate issued by a measurement authority recognized by Transport Canada that sets out the registered gross tonnage of a vessel.

Application

3.     This Notice applies in respect of vessels that come into or use a
public port.

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.     Harbour dues shall be calculated as set out in Schedule "A".

4.1.  The harbour dues prescribed by this Notice are due on demand and shall be paid to Transport Canada or its representative pursuant to the terms and conditions of the invoice.

4.2.  The harbour dues 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.     Where two registered gross tonnages are recorded on a tonnage measurement certificate, the greater of those tonnages shall apply for the purpose of this Notice.

5.1.  Where the owner of a vessel is not able to produce a tonnage measurement certificate, Transport Canada or its representative may estimate the gross tonnage of that vessel and the gross tonnage so estimated shall be deemed the registered gross tonnage for the purpose of this Notice.

Exemptions

6.     Harbour dues are not payable in respect of

(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)      a vessel navigating through a public port without stopping;

(c)      a vessel entering the public port of Victoria or Esquimalt for the sole purpose of repair, overhaul or inspection in relation to that vessel;

(d)      a vessel belonging to the government of a foreign country and not ordinarily engaged in commercial operations;

(e)      a vessel belonging to Her Majesty in right of a province and not ordinarily engaged in commercial operations;

(f)       a vessel engaged solely in fishing, other than a trawler or steamship that trades in fish;

(g)      a vessel that is a pleasure craft not engaged in commercial operations;

(h)      a raft or boom of logs or lumber;

(i)       a vessel entering a public port for the purpose of refuge in case of storm or accident;

(j)       a vessel exempted from the payment of such dues by a treaty between Canada and any foreign country; or

(k)      a vessel of three metres or less in length exclusively engaged in the control and movement of logs.

Schedule "A"

HARBOUR DUES

SCHEDULE OF RATES