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Vol. 137, No. 42 — October 18, 2003 Regulations Amending the Pacific Pilotage Tariff RegulationsStatutory Authority Pilotage Act Sponsoring Agency Pacific Pilotage Authority REGULATORY IMPACT ANALYSIS STATEMENT Description The Pacific Pilotage Authority (the Authority) 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, reasonable and consistent with providing revenues sufficient to permit the Authority to operate on a self-sustaining financial basis. These Regulations propose three changes to the Pacific Pilotage Tariff Regulations. First, these Regulations propose a 2 percent tariff adjustment to pilotage charges for an assignment, time charges for bridge watches, cancellation charges for a pilotage assignment and out-of-region charges. The proposed adjustment is intended to offset 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. Second, these Regulations propose to adjust transportation charges to a level that will cover the increased supplier costs such as fuel, insurance and security. Third, these Regulations propose to adjust the Prince Rupert launch charge to a level that will ensure that this operation generates revenue equivalent to the costs necessary to operate it. Alternatives The Authority is required to provide a safe and efficient pilotage service to ensure safe navigation and protection of the marine environment. Costs have been kept to the minimum consistent with providing a safe and efficient service. Further reductions in operating costs are not an alternative since this would reduce the quality of service provided by the Authority. Retention of the existing tariff rates was considered as a possible option. However, the Authority rejected this status quo alternative since a readjustment of tariff rates is necessary to reflect the actual costs for the various pilotage services performed. These amendments will ensure that the Authority maintains its financial self-sufficiency while avoiding cross-subsidization among the various pilotage districts. Benefits and Costs The 2 percent 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 $725,000. On a per assignment basis this will result in an average increase of $64 per assignment. The transportation adjustments are consistent with the current costs of providing the services and it is anticipated that these adjustments will result in an annual increase of $380,000. The increase in the boarding station charge is consistent with the current costs of providing the service at Prince Rupert and it is anticipated that this adjustment will result in an annual increase of $450,000. These charges, which will be absorbed by the shipping industry, are beneficial in that they will ensure the continued efficiency of the pilotage services and the Authority's capability to operate on a self-sustaining financial basis that is both fair and reasonable. This proposed amendment does not have any impact on the environment. Consultation The Authority consulted the Chamber of Shipping of British Columbia (CSBC), who represents the shipping community on the West Coast of British Columbia, on June 19, 2003, and September 18, 2003. By way of a letter dated September 25, 2003, the Chamber of Shipping of British Columbia indicated their approval of this amendment. The Authority has committed to periodic consultation with the CSBC along with other shipping community members including NWCA, Agents, Terminal Operators and Shipowners. This consultation covers all aspects of the Authority's operation including financial, operational and regulatory matters. Compliance and Enforcement Section 45 of the Pilotage Act provides the enforcement mechanism for these 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. Contact Mr. D. B. McLennan, Chief Executive Officer, Pacific Pilotage Authority, 1130 West Pender Street, Suite 1000, Vancouver, British Columbia V6E 4A4, (604) 666-6771 (Telephone), (604) 666-1647 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 34(1) (see footnote a) of the Pilotage Act, that the Pacific Pilotage Authority proposes, pursuant to subsection 33(1) of that Act, 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, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act (see footnote b) , may file a notice of objection setting out the grounds therefore with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection should 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. Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representation should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act. DENNIS B. MCLENNAN Chief Executive Officer Pacific Pilotage Authority REGULATIONS AMENDING THE PACIFIC PILOTAGE TARIFF REGULATIONS AMENDMENTS 1. Section 8 of the Pacific Pilotage Tariff Regulations (see footnote 1) is replaced by the following: 8. Despite sections 6 and 7, the total charges payable under those sections in respect of a ship are not less than $677.37. 2. The portion of items 1 to 3 of Schedule 2 to the Regulations in column 3 is replaced by the following:
3. The portion of item 1 of Schedule 3 to the Regulations in column 2 is replaced by the following:
4. The portion of items 1 and 2 of Schedule 4 to the Regulations in column 2 is replaced by the following:
5. The portion of items 1 to 3 of Schedule 5 to the Regulations in column 2 is replaced by the following:
6. The portion of item 1 of Schedule 6 to the Regulations in column 2 is replaced by the following:
7. The portion of items 4 to 6 of Schedule 6 to the Regulations in column 2 is replaced by the following:
8. The portion of items 1 to 8 of Schedule 7 to the Regulations in columns 2 and 3 is replaced by the following:
COMING INTO FORCE 9. These Regulations come into force on the day on which they are registered. [42-1-o] S. C. 1998, c. 10, s. 150 S. C. 1996, c. 10 SOR/85-583 |
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