Vol. 139, No. 30 — July 23, 2005

Regulations Amending the Pacific Pilotage Tariff Regulations

Statutory authority

Pilotage Act

Sponsoring agency

Pacific Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

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 and reasonable to permit the Authority to operate on a self-sustaining financial basis.

The Authority proposes to increase by 3.5 percent its tariffs for the following pilotage charges: pilotage assignments, time charges for bridge watches, minimum charges, cancellation charges, out-of-region charges, transportation charges, and pilot boat and helicopter charges. The adjustment offsets 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. Note that the 3.5 percent increase in transportation charges will cover cost increases for taxi, hotel, fuel and airfares.

The Authority proposes to increase the pilot boat replacement fee to $180. This adjustment will ensure the necessary funding to construct two new pilot launches.

Alternatives

In order to provide a safe and efficient pilotage service, the Authority kept its cost to the minimum. Further reductions in operating costs are not deemed to be an alternative since it could reduce the quality of service provided.

The retention of the existing tariff rates was considered as a possible option. However, the Authority rejected this status quo alternative since an increase of tariff rates is necessary to reflect the actual costs for the various pilotage services provided to the industry. 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 3.5 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 $1,600,000 in gross revenue. This will result in an average increase of $122 per assignment for the users.

The increase in the pilot boat replacement fee is consistent with the projected cost of construction of two pilot launches. It is anticipated that this adjustment will result in an annual increase of $810,000 in gross revenue that will be used to fund the new construction program.

In accordance with the 1999 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of this amendment has been conducted, in the form of a Preliminary Scan. The outcome of the SEA is that the proposed amendment would not have any impact on the environment.

Consultation

The Authority has committed to regular consultation with the Chamber of Shipping of British Columbia (CSBC) along with other shipping community members, including the North West Cruiseship 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 the CSBC, who represents the shipping community on the west coast of British Columbia, on March 2, 2005, and April 28, 2005. By way of a letter dated, May 19, 2005, the CSBC indicated its approval of this proposed tariff increase for 2006.

Compliance and enforcement

Section 45 of the Pilotage Act provides that no customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by the Authority that pilotage charges in respect of the ship 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 (fax).

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 therefor 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 representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Vancouver, June 14, 2005

DENNIS B. MCLENNAN
Chief Executive Officer
Pacific Pilotage Authority

REGULATIONS AMENDING THE PACIFIC PILOTAGE TARIFF REGULATIONS

AMENDMENTS

1. Section 8 of the Pacific Pilotage 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 $725.62.

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 items 1 to 6 of Schedule 6 to the Regulations in column 2 is replaced by the following:

7. The portion of items 1 to 8 of Schedule 7 to the Regulations in columns 2 to 4 is replaced by the following:

COMING INTO FORCE

8. These Regulations come into force on January 1, 2006.

[30-1-o]

Footnote a

S.C. 1998, c. 10, s. 150

Footnote b

S.C. 1996, c. 10

Footnote 1

SOR/85-583

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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