Table of Contents 

Public Port Fees

Wharfage and Transfer Charges

(Effective January 1, 2004)

Short Title

1.      This Notice may be cited as the Public Port Wharfage and Transfer Charges Tariff Notice.

Interpretation

2.      In this Notice,

"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 its use;

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

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

"transfer charge" means a charge in respect of goods transferred from one vessel to another vessel within the limits of a public port;

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

"wharfage" means a charge imposed in accordance with this Notice in respect of all goods and goods in containers that are

(i)      loaded or unloaded from a vessel at a public port facility;

(ii)      unloaded overside from vessel to water or loaded from water to vessel, landed from or placed in the water or loaded on or unloaded from a vehicle within the limits of a public port.

Application

3.       This Notice applies in respect of all vessels and the goods carried on those vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

Charges Generally

4.       The charges 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.

4.1.    The 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.

Documentation

5.       Complete documentation, including bills of lading, in respect of inward and outward goods and/or goods in containers(s) of a vessel shall be provided by the person in charge of the vessel to Transport Canada or its representative at the public port facility when requested.

5.1.    Transport Canada or its representative reserves the right to classify any goods and its decision in this regard shall be final and binding.

Wharfage Charges

6.       Subject to Section 6.1, wharfage payable shall be calculated on the basis set out in Schedule "B" in an amount determined by multiplying the number of units of an item described in Column I, using the relevant unit basis set out in Column II, by the relevant rate set out in Column III.

6.1.    Wharfage is 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 catch of fish unloaded from or supplies loaded to a fishing vessel berthed at a public port facility;

(c)      any motor vehicle or goods carried thereon when the vehicle is embarking or disembarking from a ferry;

(d)      goods carried on any vessel that is exempt from the payment of wharfage by the terms of any agreement between Canada and any foreign country; or

(e)      any 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.

Item 32 of Schedule "B" does not apply to any container that is landed at or destined for any isolated community for which marine transportation is the primary means for the supply of the necessities of life to that community.

Transfer Charges

7.      Subject to Section 7.1, transfer charges payable shall be calculated at one quarter the rate set out in Schedule "B" and shall be calculated in the manner described in Section 6.

7.1.   Transfer Charges 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 belonging to the government of a foreign country and not ordinarily engaged in commercial operations;

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

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

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

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

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

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

(i)      where one of the vessels engaged in the transfer of goods within a public port is, during the transfer of goods, berthed at a private port facility; or

(j)      where, within the same public port wharfage pursuant to this Notice is paid or payable on the same goods transferred between vessels.

Schedule "B"

WHARFAGE AND TRANSFER CHARGES

SCHEDULE OF RATES