NOTICE B-1. Harbour Fees Tariff

Transcription

1 NOTICE B-1 Harbour Fees Tariff Effective Date: July 1, 2015 This Notice is issued pursuant to section 49 of Part I of the Canada Marine Act, Chapter 10, Elizabeth II,

2 NOTICE B-1 Harbour Fees Tariff for Montreal Port Authority Facilities Effective on July 1, General This Notice is binding upon Her Majesty. This Notice may be cited as the Harbour Fees Tariff. 2. Definitions In this Notice, Authority means the Montreal Port Authority as defined under Sections 2 and 8 of Part I of the Canada Marine Act and by its letters patent issued on March 1, 1999; (d) (e) harbour or Port of Montreal legal and physical designation of all real properties that the Montreal Port Authority manages, holds or occupies as set out in Appendix A entitled Description of Navigable Waters and Appendix B entitled Description of Federal Real Property of its Letters Patent issued on March 1, 1999, as stipulated in the Canada Marine Act; harbour fees means the fees on a vessel entering or operating within the harbour; owner designates the vessel owner, the ship agent, charterer by demise or master of a vessel; registered gross tonnage means the gross tonnage of a vessel calculated on a basis that corresponds with or is equivalent to the method of calculating the gross tonnage of a vessel set out in the Rules as to the Measurement of Tonnage in the Canada Shipping Act; or in accordance with the rules set out in the International Convention of Tonnage Measurement of Ships, 1969; and (f) tonnage measurement certificate means a certificate issued by a measurement authority recognized by the Authority that sets out the registered gross tonnage of a vessel. Page 2

3 3. Fees (1) Standard harbour fees are as set out in Schedule VIII. (2) Green Award Incentive Program: a 10% reduction on the standard harbour fees for bulk carriers, crude oil and product tankers; for bulk and tankers vessels, with a minimum dead weight of metric tonnes and that have been granted a Green Award certification from the Bureau Green Award; and the owner shall inform the harbour that the vessel has a Green Award certificate and be able to provide/transmit a copy of the Green Award certificate. 4. Exceptions Notwithstanding Section 3, harbour fees prescribed by this Notice are not payable in respect of: (d) (e) (f) a vessel that is of a non-commercial type or design and belongs to Her Majesty in right of Canada or a province; a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces or of the Royal Canadian Mounted Police, neither in respect of a warship of a foreign visiting force; a vessel that is a pleasure craft not engaged in commerce; a vessel that enters the harbour in distress under its own power or under tow; a vessel of Canadian Registry that is not more than 50 tons gross register and is engaged exclusively in fishing; a vessel operating as a ferry and maintaining regular running schedules within the harbour. Page 3

4 5. Measurement of Vessels (1) Where two registered gross tonnages are recorded on a tonnage measurement certificate, only the lesser of those tonnages shall apply for the purposes of this Notice. (2) Where the owner of a vessel is not able to produce a tonnage measurement certificate, as regard in Article 32 (2) of the regulation regarding the operation of port authorities, the Authority may, at the expense of the owner, estimate the gross tonnage of that vessel and the gross tonnage so estimated shall be regarded as the registered gross tonnage for the purposes of this Notice. (3) Where the owner of a vessel produces a tonnage measurement certificate but the gross tonnage shown therein has not been calculated as described in the definition registered gross tonnage in Section 2, the owner of the vessel shall deposit with the Authority, in addition to the amount of harbour fees payable on the basis of the gross tonnage so shown, an amount equal to 20 per cent of the amount so payable. (4) If, within six months of the deposit of the additional amount referred to in subsection (3), a certificate showing the gross tonnage calculated as described in the definition registered gross tonnage in Section 2 is presented to the Authority by the owner, the harbour fees payable by him shall be recalculated on the basis of the gross tonnage shown on that certificate and such portion of the deposit, if any, as is not required for payment of harbour fees shall be returned to the owner. 6. Accrual and Payment of Fees (1) Harbour fees are claimable upon rendering of the service. (2) All fees referred to in subsection (1) must be paid within 30 days of the date of invoice. Where fees are not paid within the said period, an additional charge of 1½% of the fees payable shall be due for each subsequent 30 day period, or portion thereof, that the fees remain unpaid. Fees referred to in subsection (2) must be paid within 30 days of the due date. Where fees are not paid within the said period, a compound interest of 1½% (18% per year) is payable monthly. (3) Fees prescribed by this notice are in addition to fees prescribed in any other notice or that may be owing to the Authority. (4) Fees prescribed by this notice are claimable from the owner of the vessel as defined under section 2. (5) Prescribed fees are payable to the Authority. Page 4

5 MONTREAL PORT AUTHORITY Harbour Fees Tariff Notice B-1 SCHEDULE VIII Harbour Fees Item Description Fee $ 1. A vessel that uses only the harbour and is engaged in commercial activity therein, for each year or part thereof: a) in the case of a self-propelled vessel (i) not more than 100 gross registered tons (ii) more than 100 but not more than 200 gross registered tons (iii) more than 200 gross registered tons 1, b) in the case of a scow (i) not more than 50 gross registered tons (ii) more than 50 but not more than 100 gross registered tons (iii) more than 100 gross registered tons c) in the case of a non-self-propelled vessel other than a scow (1) A vessel referred to in item 1 that departs from and comes into the harbour again, for each time it comes into the harbour, per gross registered ton (1) (2) The minimum fee under sub-item (1) is A vessel other than a vessel referred to in item 2 that comes into the harbour, for each time it comes into the harbour a) in the case of a vessel of Canadian registry engaged, at the time it comes into the harbour, in the carriage by water of goods or passengers, per gross registered ton b) in the case of a vessel other than a vessel referred to in paragraph a), per gross registered ton (2) The minimum fee under paragraph (1) a) is (3) The minimum fee under paragraph (1) b) is Effective Date: July 1, 2015 Page 5