Charges and services in public ports owned by Transport Canada

From Transport Canada

Transport Canada provides services to vessels using the facilities in the public ports it owns. Certain costs, known as fees, dues or charges, apply to the services provided.

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Berthage fees

Effective January 1, 2004

Short Title

  • 1. This Notice may be cited as the Public Port Facilities Berthage Charges Tariff Notice.

Interpretation

  • 2. In this Notice,

    "berth" means a location at a port facility where a vessel may be moored

    "berthage charge" means a charge in respect of a vessel that is secured to or moored at or occupies a berth or part thereof or is fast to or tied up alongside any other vessel occupying a berth

    "day" means a period of twenty-four consecutive hours

    "float" means a floating structure designed for the mooring or berthing of vessels and includes a floating wharf

    "owner" includes the agent, charterer by demise or master of a vessel

    "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 their use

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

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

Application

  • 3. This Notice applies in respect of vessels that come into or use a public port facility under the administration, management and control of Transport Canada.
    • 3.1. Subject to Section 6, this Notice is binding on all vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

Charges

  • 4. Berthage charges shall be calculated on the basis set out in Schedule "D" in an amount determined by multiplying the unit basis set out in Column II of an item described in Column I by the relevant rate set out in Column III of that item.
    • 4.1. Subject to Section 4.2, a berthage charge is payable in respect of a vessel only for the first time that vessel uses a given wharf in any one day.
    • 4.2. A berthage charge in respect of a vessel engaged in the coasting trade of Canada or in a ferry service for which a berthage charge is made is payable each time the vessel uses a wharf.
    • 4.3. The berthage charges prescribed by this Notice are due on demand and shall be paid to Transport Canada pursuant to the terms and conditions of the invoice.
    • 4.4. The berthage 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.

Measurement of vessels

  • 5. Transport Canada or its representative reserves the right, in its sole discretion, to determine the length of any vessel that does not have a registered length and the length so determined shall be deemed to be the length of that vessel for the purpose of this Notice.

Exemptions

  • 6. Berthage charges are not payable in respect of any vessel that is
    • 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) not ordinarily engaged in trade and that is owned by Her Majesty in right of a province or by the government of a foreign country
    • c) exempt from the payment of berthage charges by the terms of any agreement between Canada and any foreign country
    • d) a fishing vessel berthed at a public port facility while it is loading supplies, including fish bait, or unloading the vessel's catch of fish, or
    • e) berthed at a 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

Schedule "D": Public port facilities berthage charges, schedule of rates

Item Column I: Description Column II:
Unit basis
Column III:
Rate as of January 1, 2004
(in dollars)
1. Berthage charge on a vessel, other than a vessel described in item 2, that is moored at a float
a) per day or part thereof metre of length 1.29
b) per month metre of length 30.28
2. Berthage charge on a licensed Canadian commercial fishing vessel that is moored at a float or elsewhere, or on a vessel not engaged in loading, unloading, or any other commercial activity that is moored elsewhere than at a float, per day or part thereof metre of length 0.43
3. Berthage charge on a vessel that is loading or unloading or engaged in any other commercial activity elsewhere than at a float
a) per hour or part thereof metre of length 0.14
b) Maximum per day metre of length 1.53
4. Minimum berthage charges for a vessel described in any of items 1 to 3 per vessel 20.03

Harbour dues

Effective January 1, 2004

Short Title

  • 1. This Notice may be cited as the Public Harbour Dues Tariff Notice.

Interpretation

  • 2. In this Notice,

    "harbour dues" means a toll on a vessel that comes into or uses a public port

    "owner" includes the agent, charterer by demise or master of a vessel

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

    "tonnage measurement certificate" means a certificate issued by a measurement authority recognized by Transport Canada that sets out the registered gross tonnage of a vessel

Application

  • 3. This Notice applies in respect of vessels that come into or use a public port.
    • 3.1. Subject to Section 6, this Notice is binding on all vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

Charges

  • 4. Harbour dues shall be calculated as set out in Schedule "A".
    • 4.1. The harbour dues 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.
    • 4.2. The harbour dues prescribed by this Notice are in addition to any other charges prescribed in any other Notice or that may be owing to Transport Canada.

Measurement of vessels

  • 5. Where two registered gross tonnages are recorded on a tonnage measurement certificate, the greater of those tonnages shall apply for the purpose of this Notice.
    • 5.1. Where the owner of a vessel is not able to produce a tonnage measurement certificate, Transport Canada or its representative may estimate the gross tonnage of that vessel and the gross tonnage so estimated shall be deemed the registered gross tonnage for the purpose of this Notice.

Exemptions

  • 6. Harbour dues 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 navigating through a public port without stopping
    • c) a vessel entering the public port of Victoria or Esquimalt for the sole purpose of repair, overhaul or inspection in relation to that vessel
    • d) a vessel belonging to the government of a foreign country and not ordinarily engaged in commercial operations
    • e) a vessel belonging to Her Majesty in right of a province and not ordinarily engaged in commercial operations
    • f) a vessel engaged solely in fishing, other than a trawler or steamship that trades in fish
    • g) a vessel that is a pleasure craft not engaged in commercial operations
    • h) a raft or boom of logs or lumber
    • i) a vessel entering a public port for the purpose of refuge in case of storm or accident
    • j) a vessel exempted from the payment of such dues by a treaty between Canada and any foreign country, or
    • k) a vessel of three metres or less in length exclusively engaged in the control and movement of logs

Schedule "A": Public port facilities harbour dues, schedule of rates

Item Column I: Description Column II:
Rate as of January 1, 2004
(in dollars)
1. The charge payable in any month for each of the first five entries of a vessel entering a public port, per gross registered ton, is in the case of a vessel:
a) used in the carriage of goods or passengers from a place in Canada to another place in Canada at the time it comes into a public port, which is
(i) registered in Canada, or
(ii) under a Coasting Trade Licence issued pursuant to the Coasting Trade Act
0.0274
b) other than a vessel referred to in paragraphs (a) (i) or (ii) 0.0553
2. The charge for a self-propelled vessel that ordinarily operates only within the limits of a public port and that engages in commercial activity therein is, where the vessel is:
a) less than 100 gross registered ton, payable once in each calendar year 80.95
b) equal to or greater than 100 gross registered ton, but less than 200 gross registered ton, payable once in each calendar year 161.90
c) equal to or greater than 200 gross registered ton, payable once in each calendar year 323.81

Storage charges

Effective January 1, 2004

Short Title

  • 1. This Notice may be cited as the Public Port Facilities Storage Charges Tariff Notice.

Interpretation

  • 2. In this Notice,

    "day" means a period of twenty-four consecutive hours

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

    "storage" means a charge payable on goods that remain at a public port facility or in a building at such a facility

Application

  • 3. Storage charges calculated in accordance with this Notice are payable in respect of goods that remain at a public port facility or in a building at such a facility.
    • 3.1. Subject to Section 6, this Notice applies in respect of the goods carried on all vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

Charges

  • 4. Storage charges shall be calculated on the basis set out in Schedule "C" in an amount determined by multiplying the unit basis set out in Column II of an item described in Column I by the relevant rate set out in Column III of that item.
    • 4.1. The storage 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.
    • 4.2. The storage 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.

Measurement of vessels

  • 5. Transport Canada and/or its representative reserves the right, in its sole discretion, to estimate the area used for the storage of goods and the total area so estimated shall be used for the purpose of this Notice.

Exemptions

  • 6. Storage 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) goods brought in by a vessel that is exempted from the payment of such charges by the terms of any agreement between Canada and any foreign country
    • c) the first five consecutive days that goods intended for outward shipment remain on the wharf, except where arrangements have been made in advance to reserve storage space on the wharf for those goods, or
    • d) a public port facility 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

Schedule "C": Public port facilities storage charges, schedule of rates

Item Column I: Description Column II:
Unit basis
Column III:
Rate as of January 1, 2004
(in dollars)
1. Storage for goods in sheds other than frost-proof sheds, per day square metre 0.25
2. Storage for vegetables and root vegetables in frost-proof sheds:
a) unheated sheds
(i) for the first 10-day period or part thereof after initial entry into the shed for the purpose of consolidating a shipment N/A no charge
(ii) for the subsequent 5-day period or part thereof, for the period square metre 0.81
(iii) for each additional 10-day period or part thereof where a shipment is not removed from the shed prior to the 16th day, for the period square metre 1.67
b) heated sheds
(i) for the first 5-day period or part thereof after initial entry into the shed for the purpose of consolidating a shipment square metre 2.79
(ii) for the second 5-day period or part thereof, for the period square metre 2.21
(iii) for each additional 5-day period or part thereof, for the period square metre 1.38
3. Storage for goods other than vegetables and root vegetables in frost-proof sheds, where space is not required for vegetables or root vegetables, per day square metre 0.35
4. Storage for goods on wharf, per day or part thereof square metre 0.13
5. Storage for goods elsewhere at a public port facility, per day or part thereof square metre 0.09

Utility and other service charges

Effective January 1, 2004

Short Title

  • 1. This Notice may be cited as the Public Port Utilities and Other Services 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 facility" means a port facility designated as a public port facility under section 65 of the Canada Marine Act

Application

  • 3. This Notice applies in respect of vessels that come into or use a public port facility under the administration, management and control of Transport Canada.
    • 3.1. This Notice is binding on all vessels, including vessels owned by Her Majesty in right of any Province or by the government of any foreign country.

Charges

  • 4. Charges prescribed by this Notice shall be calculated as set out in Schedule "E".
    • 4.1. 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.
    • 4.2. 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.
    • 4.3. These charges do not apply to any public port facility 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.

Schedule "E": Public port utilities and other services, schedule of rates

Item Column I: Description Column II:
Rate as of January 1, 2004
(in dollars)
1. Electricity, water, garbage disposal, sewage disposal, snow removal, wharf cleaning or security services Cost plus 25%

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 container(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
        • (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
        • (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": Public port wharfage and transfer charges, schedule of rates

    Item Column I: Basis Column II:
    Unit basis
    Column III:
    Rate as of January 1, 2004
    (in dollars)
    1. All goods not otherwise specified
    a) with a cubic content of less than 1 m3 per tonne tonne 2.39
    b) with a cubic content equal to or greater than 1 m3 per tonne cubic metre 1.94
    2. Asbestos, crude tonne 1.75
    3. Automobiles, auto trailers, tractors each 5.29
    4. Beer tonne 4.84
    5. Boats
    a) not over 6 m in length each 5.54
    b) over 6 m but not over 10 m in length each 13.21
    c) over 10 m in length each 26.42
    6. Cement
    a) in bulk tonne 0.85
    b) in containers tonne 1.14
    7. Coal tonne 0.61
    8. Barrels, casks, drums each (empty) 0.25
    9. Explosives tonne 7.29
    10. Fertilizer tonne 0.85
    11. Fish
    a) whole tonne 0.37
    b) cured tonne 0.45
    c) processed tonne 0.54
    12. Grain, grain products, hay tonne 0.63
    13. Liquors, spirits, alcoholic beverages, except beer and wine tonne 11.64
    14. Livestock
    a) horses, mules, colts each 1.33
    b) cattle, calves each 1.06
    c) sheep, swine each 0.55
    15. Lumber and timber, except plywood cubic metre 0.47
    16. Metals, in ingots, pigs, blooms, bales, etc. tonne 1.75
    17. Motorcycles, snowmobiles, all-terrain vehicles each 1.33
    18. Newsprint tonne 1.45
    19. Gasoline, petroleum products and other liquid commodities
    a) gasoline
    (i) in bulk kilolitre 0.72
    (ii) not in bulk 205 litre drum 0.22
    b) other petroleum products
    (i) in bulk kilolitre 0.98
    (ii) not in bulk 205 litre drum 0.41
    c) all other liquid commodities
    (i) in bulk kilolitre 1.55
    (ii) not in bulk 205 litre drum 0.47
    20. Ores, alum, barytes, sulphur, soda ash, calcium chloride tonne 0.87
    21. Ore concentrates tonne 1.45
    22. Plywood tonne 1.68
    23. Potatoes and root vegetables tonne 0.70
    24. Pulpwood, firewood, in stacked cords cubic metre 0.17
    25. Salt
    a) for fish curing tonne 0.36
    b) for other purposes tonne 0.78
    26. Sand, stone, gravel tonne 0.57
    27. Scrap metals tonne 1.90
    28. Trucks, tractor-trailers, trailers, buses, in addition to the charge on contents metre of length 1.68
    29. Wines tonne 6.12
    30. Woodpulp tonne 1.21
    31. Minimum charge per shipment or consignment 0.85
    32. Containers, 6 m in length and over, loaded, in addition to wharfage charges on their contents each 28.75
    33. Fruit concentrate, in barrels tonne 1.64
    34. Secondary fibre, waste paper tonne 1.21
    35. Woodchips, sawdust tonne (dry) 0.87
    36. Water, in bulk kilolitre 0.77

Service standards for public port services

At a public port facility, Transport Canada will provide in a reasonable manner, on a 24/7 basis:

  • Berthage: An area (as advertised) to secure a vessel for the purpose of moving passengers and goods in a safe and efficient manner while protecting the environment
  • Harbour: The administrative authority to control vessel traffic and port activities as it relates to the safe and efficient movement of passengers and goods in a manner that protects the environment within the limits of the public port
  • Storage: An area (as advertised) to store goods in a safe and efficient manner while protecting the environment
  • Utility and other services: The administrative authority to provide a service to assist in the carrying on of the movement of passengers and goods in a safe and efficient manner while protecting the environment
  • Wharfage and transfer: An area of wharf (as advertised) to move goods in a safe and efficient manner while protecting the environment.

In addition, at a public port facility, Transport Canada will provide in a reasonable manner, on a 24/7 basis:

  • Notification to users and stakeholders within 48 hours of changes to the public port facility that may affect the safe and efficient use of the berth area
  • Where advertised, an on-site administrator (wharfinger) to respond to requests/inquiries within 24 hours
  • On a local/regional/national/international basis representation at meetings/seminars relating to the safe and efficient use of the berth area
  • An emergency response plan covering the public port facility
  • Where appropriate, an approved marine facility security plan with a qualified Marine Facility Security Officer

To measure the service being provided, Transport Canada will require the regions to submit on an annual basis a report to Headquarters outlining:

  • That the berth (as advertised) was maintained in a reasonable serviceable condition 90% of the days the berth was required/requested
  • That 90% of the notifications were issued within 48 hours after first noting the change in condition of the berth
  • Where advertised, that the wharfinger was available to respond to Transport Canada business at the public port facility (berth) as required
  • That Transport Canada port official attended local/regional meetings on behalf of the public port facility (berthage area)
  • That the Public Port Facility Emergency Response Plans covering the berthage area was reviewed and updated
  • That the public port facilities subject to Part III of the Marine Transportation Security Regulations continue to have a valid Statement of Compliance of Port Facility Certificate and that the mandatory annual security audit has been completed

Headquarters will consolidate these regional reports and add their input before forwarding to the Deputy Minister.

Disputes relating to the berthage service provided by Transport Canada may be handled in the following manner:

  • First level: disputes (mostly oral) address to and handled by the onsite administrator (wharfinger)
  • Second Level: disputes (both oral and written) addressed to and handled by regional administrators (Operations staff and Regional Director)
  • Third Level: disputes (mostly written) referred from the region or addressed directly to and handled by Headquarters administration
  • Final Level: disputes addressed to the Minister of Transport

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