SOR-2021-59 Marine Safety Fees Regulations

Current to 2024-04-01 · last amended 2024-04-01

Contents

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(g) a of the Canada Shipping Act, 2001 b, makes the annexed Marine Safety Fees Regulations.

Interpretation

s. 1 — Definition of Minister

In these Regulations, Minister means the Minister of Transport.

s. 1.1 — Annual adjustment

The fees set out in these Regulations are to be adjusted in each fiscal year on April 1 by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year.

s. 1.1(2) — Exception

A fee referred to in subsection (1) is not adjusted in a fiscal year if the percentage change for that fiscal year is less than 1%.

s. 1.1(3) — Adjustment — subsequent fiscal year

If subsection (2)‍ applies with respect to a fiscal year, the percentage change is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year.

Marine Cargo Inspection Fees

Definitions

s. 1.2 — Definitions

The following definitions apply in this Part.

Certificate of Readiness to Load means a certificate referred to in subsection 119(3), 128(2) or 140(3) of the Cargo, Fumigation and Tackle Regulations. (certificat de navire prêt à charger)

Fitness to Proceed Certificate means a certificate referred to in subsection 120(2), 129(2) or 141(2) of the Cargo, Fumigation and Tackle Regulations. (certificat d’aptitude au transport)

Concentrates, Grains and Timber

s. 2 — Inspection

A fee of $750 is imposed on a vessel for each day that the Minister, following receipt of an application to issue a Certificate of Readiness to Load or a Fitness to Proceed Certificate to the vessel, takes one or more of the following actions:

inspects the vessel to establish that the requirements for the issuance of the certificate are met;

travels to or from the vessel;

is, at the vessel’s request, made available for an inspection referred to in paragraph (a).

s. 3 — Issuance of documents after inspection

A fee of $1,010 is imposed on a vessel for each day that one or more of the following documents are issued to the vessel or given to the vessel’s master:

the first Certificate of Readiness to Load issued to the vessel in respect of a cargo of concentrates, grain or timber prior to the vessel’s departure from a port with the cargo;

a Fitness to Proceed Certificate;

a written statement referred to in subsection 119(5), 128(4) or 140(5) of the Cargo, Fumigation and Tackle Regulations.

Verification of Shipper’s Procedures

s. 4 — Initial verification

A shipper who makes a request under paragraph 115.1(1)(a) or subsection 115.1(2) of the Cargo, Fumigation and Tackle Regulations must pay a fee of $2,500.

s. 5 — Intermediate verification

A shipper who makes a request under paragraph 115.1(1)(b) of the Cargo, Fumigation and Tackle Regulations must pay a fee of $1,250.

s. 6 — Renewal verification

A shipper who makes a request under paragraph 115.1(1)(c) of the Cargo, Fumigation and Tackle Regulations must pay a fee of $1,250.

Inspections of Dangerous Goods at the Request of an Interested Person

s. 7 — Solid bulk cargo

An interested person who makes a request under subsection 116(1) of the Cargo, Fumigation and Tackle Regulations must pay a fee of $1,500.

s. 8 — Packaged goods

An interested person who makes a request under subsection 162(1) of the Cargo, Fumigation and Tackle Regulations must pay a fee of $1,500.

Environmental Protection Inspection Fees

s. 9 — Exemption

If the master of a vessel requests an exemption from a tank prewash operation under subsection 63(2) of the Vessel Pollution and Dangerous Chemicals Regulations, a fee of $3,075 is imposed on the vessel for the first 3.75 hours or fraction of this time that a marine safety inspector requires to assess the request.

s. 9(2) — More than 3.75 hours

If the marine safety inspector requires more than 3.75 hours to assess the request, the following additional fees are imposed on the vessel for time in excess of the first 3.75 hours:

$105 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector assesses the request from 8:00 a.m. to 5:00 p.m., Monday to Friday, other than on a holiday;

$307 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector assesses the request

before 8:00 a.m. or after 5:00 p.m., Monday to Friday,

on a Saturday, or

on a holiday, other than a Sunday; and

$336 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector assesses the request on a Sunday.

s. 10 — Tank prewash operation

If a marine safety inspector is present for a vessel’s tank prewash operation under subsection 63(5) of the Vessel Pollution and Dangerous Chemicals Regulations, a fee of $3,075 is imposed on the vessel for the first 3.75 hours or fraction of this time that the inspector is present.

s. 10(2) — More than 3.75 hours

If the marine safety inspector is present at the tank prewash operation for more than 3.75 hours, the following additional fees are imposed on the vessel for time in excess of the first 3.75 hours:

$105 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector is present from 8:00 a.m. to 5:00 p.m., Monday to Friday, other than on a holiday;

$307 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector is present

before 8:00 a.m. or after 5:00 p.m., Monday to Friday,

on a Saturday, or

on a holiday, other than a Sunday; and

$336 per hour, calculated on a pro-rated basis for each quarter hour or fraction of a quarter hour that the inspector is present on a Sunday.

Foreign Vessel Inspection Fees

s. 11 — Inspection following detention order

If, on request by a foreign vessel’s authorized representative, a marine safety inspector carries out an inspection of the foreign vessel for the purpose of verifying that measures indicated in a notice referred to in subsection 222(6) of the Canada Shipping Act, 2001 have been taken, a fee of $4,200 is imposed on the vessel.

s. 12 — Correction of deficiencies

If, on request by a foreign vessel’s authorized representative, a marine safety inspector carries out an inspection of the foreign vessel for the purpose of verifying that deficiencies identified in relation to a requirement under section 18 or 19 of the Vessel Safety Certificates Regulations that did not warrant the issuance of a detention order have been corrected, a fee of $1,870 is imposed on the vessel.

Vessel Registry Fees

s. 13 — Payment of fee

A fee for a service referred to in this Part is payable on application for that service.

s. 14 — Canadian Register of Vessels

The Canadian Register of Vessels consists of a general part and another part entitled the Small Vessel Register. The applicable fees for processing an application or request for a service related to the general part or Small Vessel Register of the Canadian Register of Vessels are set out in sections 15 and 16, respectively.

s. 15 — Canadian Register of Vessels — general part

The following vessels must be registered, listed or recorded in the general part of the Canadian Register of Vessels:

a vessel of more than 15 gross tonnage;

a vessel that is about to be built or that is under construction in Canada;

a vessel in respect of which a mortgage is registered;

a vessel that has an approved name; and

a pleasure craft.

s. 15(2) — Fees

The fee payable for processing an application or request for a service related to the general part of the Canadian Register of Vessels set out in column 1 of the table to this subsection is the fee set out in column 2. TABLE Fees — General Part of the Canadian Register of Vessels Column 1 Column 2 Item Service Fee ($) 1 Process an application for the initial registration of a vessel 310 2 Process an application to issue a certificate of registry for a vessel that was previously registered in Canada 310 3 Process an application to renew a certificate of registry 90 4 Process an application to issue a provisional certificate of registry 190 5 Process an application to record a vessel that is about to be built or is under construction in Canada 80 6 Process a request to extend the reservation of an approved name of a vessel 65 7 Process a request to replace a certificate of registry or a provisional certificate of registry 50 8 Process a request to issue a certificate of deletion 30 9 Process an application to transfer the ownership of a registered or recorded vessel, other than by special sale 200 10 Process an application to transfer the ownership of a registered or recorded vessel via special sale 200 11 Process an application to transmit a mortgage in case of bankruptcy of the mortgagee or assignee 200 12 Process an application to transmit the ownership of a vessel in case of bankruptcy of the owner 200 13 Process an application to transmit a mortgage in case of death of the mortgagee or assignee 200 14 Process an application to transmit the ownership of a vessel in case of death of the owner 200 15 Process an application to change the name of a registered vessel 130 16 Process an application to change the port of registry of a registered vessel 80 17 Process an application to register a mortgage, including its discharge 180 18 Process an application to transfer a mortgage 120 19 Process an application to change the order of priority of registered mortgages 120 20 Process a request for a certified transcript 75 21 Process a request for an uncertified transcript 20 22 Process a request to conduct a historical search for a vessel 120 23 Process an application to issue a certificate of bare-boat registry 470 24 Process an application to extend a certificate of bare-boat registry 190 25 Process an application to suspend the registration of a Canadian vessel to allow the vessel to be listed in a foreign state, including the reinstatement of the registration after the vessel is delisted from that state 470 26 Process an application to extend the suspension of the registration of a Canadian vessel while the vessel is listed in a foreign state 190

s. 15(3) — Registration or listing in only one part

Vessels that are to be registered or listed under this section must not be registered or listed in the Small Vessel Register.

s. 15(4) — Services with no fees

No fee is payable for the processing of an application or request for the following services related to the general part of the Canadian Register of Vessels:

reporting alterations to a registered vessel;

updating the name or address of an owner;

appointing an authorized representative;

updating the name or address of an authorized representative, mortgagee or assignee; and

transmitting to a surviving joint owner in case of death of another owner.

s. 16 — Small Vessel Register

A vessel of 15 gross tonnage or less, other than a pleasure craft referred to in paragraph 15(1)(e) or a vessel referred to in paragraphs 15(1)(b) to (d), must be registered or listed in the Small Vessel Register.

s. 16(2) — Applications or requests

An application or request for a service related to the Small Vessel Register must be presented in respect of

a single vessel;

a fleet of two or more identical vessels, including government vessels, that are owned by the same owner and

are human-powered,

are 8.5 m in length or less and are propelled by sail alone, or

are equipped with one or more primary engines that have an aggregate propulsion power of less than 7.5 kW; or

a group of two or more vessels, other than government vessels, of 5 gross tonnage or less that are owned by the same owner and that are registered at the same time under different certificates of registry.

s. 16(3) — Fees

The fee payable for processing an application or request for a service related to the Small Vessel Register set out in column 1 of the table to this subsection is the fee set out in column 2. TABLE Fees — Small Vessel Register Column 1 Column 2 Item Service Fee ($) 1 Process an application for the initial registration of a vessel 110 2 Process an application to issue a certificate of registry for a vessel that was previously registered in Canada 110 3 Process an application for the initial registration of a group of vessels or a fleet 190 4 Process an application to issue a certificate of registry for a group of vessels or a fleet that was previously registered in Canada 190 5 Process an application to renew a certificate of registry for a vessel, group of vessels or fleet 90 6 Process an application to issue a provisional certificate of registry 190 7 Process a request to replace a certificate of registry or a provisional certificate of registry 50 8 Process a request to issue a certificate of deletion 30 9 Process an application to transfer the ownership of a registered vessel, group of vessels or fleet 120 10 Process an application to transmit the ownership of a registered vessel, group of vessels or fleet in case of bankruptcy by the owner 120 11 Process an application to transmit the ownership of a registered vessel, group of vessels or fleet in case of death of the owner 120 12 Process a request for a certified transcript 75 13 Process a request for an uncertified transcript 20 14 Process a request to conduct a historical search for a vessel 120 15 Process an application to issue a certificate of bare-boat registry 470 16 Process an application to extend a certificate of bare-boat registry 190 17 Process an application to suspend the registration of a Canadian vessel to allow the vessel to be listed in a foreign state, including the reinstatement of the registration after the vessel is delisted from that state 470 18 Process an application to extend the suspension of the registration of a Canadian vessel while the vessel is listed in a foreign state 190

s. 16(4) — Services with no fees

No fee is payable for the processing of an application or request for the following services related to the Small Vessel Register:

reporting alterations to a registered vessel;

updating the name or address of an owner;

appointing an authorized representative;

updating the name or address of an authorized representative; and

transmitting to a surviving joint owner in case of death of another owner.

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Consequential Amendments

Cargo, Fumigation and Tackle Regulations

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Board of Steamship Inspection Scale of Fees

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Repeal

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Coming into Force

s. 30 — April 1, 2021

Subject to subsections (2) to (4), these Regulations come into force on April 1, 2021.

s. 30*(2) — Vessel Safety Certificates Regulations

Sections 12 and 26 to 28 come into force on the day on which the Vessel Safety Certificates Regulations come into force.[Note: Sections 12 and 26 to 28 in force June 23, 2021.]

s. 30(3) — April 1, 2022

Sections 13 to 16 come into force on April 1, 2022.

s. 30(4) — April 1, 2023

Sections 17 to 20 come into force on April 1, 2023.