Contents
- Her Excellency the Governor General in Council, on the rec…
- 1 [Repealed, SOR/2009-324, s. 2]
- Interpretation
- Responsibility
- Part I Dry Docking of Vessels
- Part II Dock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property
- Part III Fines
- (Paragraph 4(2)(e), subparagraph 5(1)(c)(i), section 34 and subsection 36.1(1))
- Schedule S I AND II
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and the Treasury Board, pursuant to sections 24, 28 and 29 of the Public Works Act, is pleased hereby to revoke the Esquimalt Graving Dock Regulations, 1984, made by Order in Council P.C. 1984-2169 of June 21, 1984, and to make the annexed Regulations respecting the management and operation of the graving dock at Esquimalt, British Columbia, in substitution therefor.note
Interpretation
2#
In these Regulations,
agent means the person who makes an application in respect of a vessel; (agent)
application means an application for the use of the dry dock, in the form set out by the Manager; (demande)
contractor [Repealed, SOR/2003-303, s. 8]
day means, in respect of the calculation of a dock charge, any period of 24 consecutive hours; (jour)
Director [Repealed, SOR/2003-303, s. 8]
dock charge [Repealed, SOR/2018-188, s. 1]
dockmaster means the person hired by the agent to supervise and control the docking and undocking of a vessel in the dry dock; (maître de cale sèche)
dry dock means the graving dock at Esquimalt, British Columbia; (cale sèche)
dry dock property means the dry dock that is under the management, charge and direction of the Minister and all other property of the Government of Canada that is used or is for use in connection with the dry dock, other than property that is under lease to any third party; (terrain de la cale sèche)
dry dock section means that portion of the dry dock between the caissons; (section de cale sèche)
entry book [Repealed, SOR/2009-324, s. 3]
Gas Hazard Control Standards means the Standard for the Control of Gas Hazards in Vessels to be Repaired or Altered, published in March 1984 by the Ship Safety Branch of the Department of Transport, having reference number TP 3177E; (Normes pour la protection contre les dangers des gaz)
gross tonnage means, in respect of a vessel, the gross tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships, 1969 or, in the case of a vessel that is registered under the tonnage measurement system in force before that Convention, a gross registered ton; (jauge brute)
Manager means the officer of the Department who is responsible for the management of the dry dock and the dry dock property; (gestionnaire)
marine chemist has the same meaning as in the Gas Hazard Control Standards; (chimiste de la marine)
section [Repealed, SOR/2009-324, s. 3]
Superintendent [Repealed, SOR/95-462, s. 1]
working day means any day other than a holiday. (jour ouvrable)
working vessel [Repealed, SOR/2009-324, s. 3]
note
Responsibility
Part I · Dry Docking of Vessels
Entry into the Dry Dock
4#
(a)an application is completed in respect of the vessel and submitted to the Manager;
(c)the date of entry and estimated duration referred to in paragraph (b) and the name of the vessel are recorded in the application;
(d)the agent signs the application;
(e)the booking charge referred to in item 1 of the schedule is paid to the Manager;
(g)written information that indicates the dockmaster’s complete record and experience in the docking of vessels together with a copy of the docking procedures, including operating, communications and equipment procedures to be used by the dockmaster in docking the vessel, are submitted to the Manager; and
(h)proof of indemnification is provided to the Manager.
(3)The Manager may refuse to authorize a vessel to enter the dry dock if the activities referred to in subsection (2) are not carried out or if, after reviewing the information submitted pursuant to that subsection, the Manager concludes on reasonable grounds that the docking of the vessel will not be carried out safely.
5#
(1)Subject to subsection (2), where a vessel fails to enter the dry dock on the date agreed on pursuant to paragraph 4(2)(b),
(a)the authorization under section 4 is cancelled;
(b)[Repealed, SOR/2009-324, s. 5] (repealed)
(i)the dock charge referred to in item 2 of the schedule for each day the dry dock is vacant by reason of the vessel having failed to enter the dry dock on that date, and
(ii)the applicable dock charge payable for any service provided in connection with the preparation of the dry dock for entry by the vessel.
(2)Subsection (1) does not apply in respect of a vessel that fails to enter the dry dock on the date agreed on where that failure is a result of
(b)weather conditions.
(3)[Repealed, SOR/2009-324, s. 5] (repealed)
Priorities
8#
If an application is made in respect of a vessel that is not of Canadian registry and the agent is not a resident of Canada, the Manager may, before authorizing entry of the vessel, require that agent to give a cash deposit or post a bond, with two sureties, in an amount that is sufficient to pay the applicable dock charges for the period for which application is made for that vessel.note
Damage to Dry Dock
9#
Where damage to the dry dock or dry dock property is caused by a vessel, the crew of the vessel, the agent, an independent contractor or an employee of the agent or independent contractor, or by the failure of any equipment owned or operated by the agent, by the independent contractor or by an employee of the agent or independent contractor, the agent shall deposit with the Manager an amount of money that is sufficient to indemnify the Crown for the damage or shall post a bond in that amount, with two sureties.note
Inspection of Vessels
Lighting of Vessels
Protection of the Dry Dock and Dry Dock Property
Movement of Vessels
Duration of Stay in the Dry Dock
16#
If repairs to a vessel in the dry dock cannot be completed within the estimated duration of stay referred to in paragraph 4(2)(c), the Manager may authorize that vessel to remain in the dry dock for such further time as is necessary to complete the repairs if no other vessel has been authorized to enter by the Manager.note
Cleaning of Dry Dock
18#
(a)remove from the dry dock and adjacent dry dock property all equipment, machinery other than machinery that is permanently affixed to the dry dock and adjacent dry dock property, and materials and scaffolding used in any repairs to the vessel;
(b)remove from the dry dock and dry dock property, including gutters, water tunnels, sumps, valves, pumps and other dry dock equipment contained therein, any oil and any residue that have escaped from the vessel;
(c)remove from the dry dock and dry dock property all trace of sand from sandblasting operations, all other refuse, and any deleterious substance, as defined in subsection 34(1) of the Fisheries Act, produced during any repairs to the vessel; and
(d)do any other cleaning of the dry dock and dry dock property that is required as a result of the dry docking of the vessel.
Explosive Material and Oil Carried on Board Vessels
19#
(2)Subject to subsection (3), where a vessel that has been authorized to enter the dry dock in accordance with subsection 4(2) carried on its last voyage any oil with a flash-point below 23°C, the vessel shall not enter the dry dock until the agent submits to the Manager a certificate issued by a marine chemist in accordance with the Gas Hazard Control Standards.
(3)Subsection (2) does not apply in respect of a vessel carrying, in a bunker or tank, oil intended for consumption on board the vessel if no work is to be done to the bunker or tank or to the fuelling or ventilation pipes of the bunker or tank or in the area immediately surrounding the bunker or tank or the fuelling or ventilation pipes of the bunker or tank.
Use of Dry Dock and Dry Dock Property
21#
(1)No person shall use keel blocks, bilge blocks or other dry dock property without the authorization of the Manager.
(2)The Manager shall authorize the use of keel blocks, bilge blocks or other dry dock property if that property is available.
22#
No person shall damage or set adrift any blocks, poles, shores, planks, machines, stores, water cisterns, scaffolding, pipes, tackle or other dry dock property.
26#
Any vessel lying afloat in the dry dock or moored at a wharf or to the dry dock entrance, or to any part of the dry dock property other than the dry dock, shall be kept ready to move immediately on request by the Manager.note
27#
No person shall load, unload or place on the dry dock property any shipment of marine equipment or cargo that is destined for or originates from any vessel or any shipment that is intended for transshipment at one of the Government of Canada wharves on the dry dock property unless it is loaded, unloaded or placed in an area determined by the Manager.note
28#
No person shall store on the dry dock property any cargo, building materials, equipment or machinery that is destined for or originates from a vessel using any part of the dry dock property or that belongs to or is in the custody or control of the agent unless it is stored in an area determined by the Manager.note
Refuse
29#
The agent shall remove from the dry dock property all sewage, garbage, sweepings, ashes or other refuse from the vessel.note
Winter Conditions
31#
(1)Where, on the third day preceding the day on which a vessel is expected to enter or leave the dry dock, the temperature at the dry dock is below 0°C, the agent shall on that day give notice to the Manager of the planned entry or exit of the vessel in order to permit the heating of the caissons and related equipment.
(2)Where, on the day a vessel is expected to leave the dry dock, the temperature at the dry dock is below 0°C, the agent shall secure the keel and bilge blocks in such a manner that the blocks cannot be carried away by the vessel if they are frozen to the hull of the vessel when the vessel leaves the dry dock.
(3)The Manager shall not authorize placement or removal of a caisson if the action cannot be carried out safely as a result of adverse weather, ice or tide conditions.
Part II · Dock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property
33#
For the purpose of calculating the dock charges payable for use of the dry dock or dry dock property or for services provided in respect of a vessel,
(b)subject to paragraph (c), where a vessel has two gross tonnages on entry into the dry dock, dock charges shall be calculated in respect of the gross tonnage that is the greater; and
(c)where a vessel is lengthened or modified while in the dry dock in a manner that results in a change in the gross tonnage of the vessel, dock charges shall be calculated in respect of the average of the gross tonnage of the vessel immediately before it entered the dry dock and the gross tonnage of the vessel immediately after the lengthening or modification.
34#
If a vessel uses the dry dock or dry dock property or is provided with a service set out in the Schedule, the agent shall pay to the Manager the applicable dock charge for that use or that service.note
35#
No dock charges are payable in respect of a vessel during a period in which the vessel is detained in the dry dock by weather, ice or tide conditions if during that period no work is done that would require the dry docking of the vessel.
36#
(2)No dock charges are payable in respect of a vessel detained pursuant to subsection (1) if, during that detention, no repairs are effected that would require the dry docking of the vessel.
36.1#
(1)The dock charges for the period beginning on April 1, 2018 and ending on March 31, 2019 are the base charges set out in column 2 of the schedule.
(2)Commencing on April 1, 2019, and annually after then on that date, the dock charges will be increased, to the nearest cent, by the amount determined by the following formula:
note
Part III · Fines
(Paragraph 4(2)(e), subparagraph 5(1)(c)(i), section 34 and subsection 36.1(1))
| Column 1 | Column 2Item | Services and Facilities | Base Charges ($) (April 1, 2018 to March 31, 2019)1 | Booking | 5,569.602 | Draining, per section | 5,569.603 | Berthage, per metre, per day | 6.514 | Rail-mounted crane, per hour | (a)with light hook; | 511.37(b)with main hook, up to 50-tonne lift, and | 738.64(c)with main hook, over 50-tonne lift | 1,136.395 | Mobile crane, per hour | (a)9-tonne crane; | 142.05(b)20-tonne crane; | 181.82(c)30-tonne crane; | 221.60(d)Forklift; and | 107.96(e)Tower crane | 181.826 | Air compressor (first), per manifold hour | 125.007 | Air compressor (second), per manifold hour | 119.338 | Air compressor (wheeled), per manifold hour | 62.509 | Motorized vessel, per hour | 206.6110 | Fresh water, per cubic metre | 1.4311 | Electric power, per kilowatt hour | 0.1712 | Tie-up or letting go | 903.9413 | Overtime labour services, drydock employee, per hour | 110.5514 | Security services, per vessel, per day | 511.3715 | Dockage, 1 section, per day | 3,341.7616 | Dockage, 2 sections, per day | 11,139.2117 | Dockage, 3 sections, per day | 15,594.8718 | Dockage per day: under 5 000 gross tonnage | 0.0019 | Dockage per day: 5 000 – 34 999 gross tonnage | 0.13 x the vessel’s gross tonnage20 | Dockage per day: 35 000 – 69 999 gross tonnage | 0.12 x the vessel’s gross tonnage21 | Dockage per day, 70 000 – 89 999 gross tonnage | 0.10 x the vessel’s gross tonnage22 | Dockage per day: over 89 999 gross tonnage | 0.09 x the vessel’s gross tonnage23 | Sewer discharge, per litre | 0.0124 | Vacuum loader | 73.86
Schedule S I AND II
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.