5.1 Harbour Dues

5.1.1

Harbour Dues shall be calculated as set out in Schedule 1.

5.1.2

The Harbour Dues payable in respect of a Vessel:

5.1.2.1

are due as soon as soon as the Vessel enters the Harbour and shall be paid to the Authority at its office in Prince Rupert; and

5.1.2.2

are in addition to any fees, charges, rates or tolls that are imposed by any other by-law or fixed under Section 49 of the CMA or that may be owing to the Authority.

5.1.3

Where two Registered Gross Tonnages are recorded on a Tonnage Measurement Certificate, the greater of those tonnages shall apply for the purposes of this Tariff.

5.1.4

Subject to Subsection 5.1.6, where the owner of a Vessel is not able to produce to the Authority a Tonnage Measurement Certificate, the Authority may estimate the gross tonnage of that Vessel and the gross tonnage so estimated shall be deemed to be the Registered Gross Tonnage for the purposes of this Tariff.

5.1.5

If, within six months after an estimate of the gross tonnage of a Vessel is made pursuant to Subsection 5.1.6, the Owner produces a Tonnage Measurement Certificate to the Authority, the Harbour Dues payable in respect of that Vessel shall be recalculated on the basis of the gross tonnage shown on the Tonnage Measurement Certificate and any amount previously paid in respect of the Harbour Dues that is in excess of the Harbour Dues as recalculated shall be remitted to the person who paid the Harbour Dues.

5.1.6

Harbour Dues are not payable in respect of a Vessel:

5.1.6.1

that is of a non-commercial type or design and belongs to Her Majesty in right of Canada or a Province or to a foreign government and is not engaged in commercial activity;

5.1.6.2

that is of a non-commercial type or design and is used solely for pleasure;

5.1.6.3

that enters and departs the Harbour within a period of twelve consecutive hours without engaging in commercial activity;

5.1.6.4

that enters the Harbour in distress under its own power or under tow without engaging in commercial activity; or

5.1.6.5

of Canadian registry that is engaged exclusively in fishing operations that are authorized by a licence issued to that vessel under the Fisheries Act, R.S.C. 1985, c.F-14, or pursuant to the North Pacific Fisheries Convention Act or the Northern Pacific Halibut Fishery Convention Act.

5.1.7

Harbour Dues are payable by the Owner of the Vessel.

5.2 Wharfage Fees

5.2.1

Wharfage fees shall be calculated as set out in Schedule 2.

5.2.2

Wharfage fees imposed in respect of any Goods are calculated based on the weight of the Goods in Tonnes, or, in the case of Goods carried in Containers, based on TEUs;

5.2.2.1

all fees shall be calculated on the weight or Measurement of the Goods, whichever yields the greater revenue, but in no case shall a charge calculated on the basis of Measurement exceed four and one-half times the amount that would result if the charge were calculated on the basis of weight.

5.2.3

Wharfage fees shall not be imposed more than once in respect of any Goods reshipped from the Harbour except Goods that:

5.2.3.1

are removed from and later reshipped over Authority Property; or

5.2.3.2

are reshipped over Authority Property after alteration in form or composition on Authority Property.

5.2.4

Wharfage fees shall not be imposed in respect of:

5.2.4.1

ship’s stores and bunker fuel used solely for a Vessel that is loading or unloading Goods or paying Berthage in respect of Authority Property where the Authority does not issue a receipt for the stores and fuel;

5.2.4.2

repair materials, lining or ballast delivered to and for the sole use of a Vessel loading or unloading Goods or paying Berthage in respect of Authority Property; or

5.2.4.3

empty Containers, unless carried and charged for by a Vessel.

5.2.5

Wharfage Fees are payable by the Owner of the Goods.

5.3 Lighterage Fees

5.3.1

Lighterage Fees shall be calculated as set out in Schedule 3;

5.3.1.1

Lighterage fees shall be calculated based on the weight of the Goods in Tonnes; and

5.3.1.2

Lighterage Fees are payable by the Owner of the Goods.

5.4 Berthage Fees

5.4.1

Berthage Fees shall be calculated as set out in Schedule 4.

5.4.2

Subject to Subsection 5.4.3, where the Owner of a Vessel is not able to produce to the Authority a Tonnage Measurement Certificate, which includes the length of the Vessel the Authority may estimate the length of that Vessel and the length so estimated shall be deemed to be the length for the purposes of calculating Berthage Fees pursuant to Schedule 4 of this Tariff.

5.4.3

If, within six months after an estimate of the length of a Vessel is made pursuant to Subsection 5.4.2, the Owner of the Vessel produces a Tonnage Measurement Certificate to the Authority, which includes the length of the Vessel, the Berthage Fees payable in respect of that Vessel shall be recalculated on the basis of the length shown on the Tonnage Measurement Certificate and any amount previously paid in respect of the Berthage Fees that is in excess of the Berthage Fees as recalculated shall be remitted to the person who paid the Berthage Fees.

5.4.4

Where Berthage Fees are payable in respect of a Vessel, it shall be paid for the period of time commencing when the first line is made fast and terminating when the last line is cast off.

5.4.5

Berthage Fees shall be paid by the Owner of the Vessel.

5.4.6

Berthage Fees are not payable in respect of a Vessel:

5.4.6.1

that is of a non-commercial type or design and belongs to Her Majesty in right of Canada or a Province or to a foreign government and is not engaged in commercial activity;

5.4.6.2

a tug that is docking or undocking another Vessel; or

5.4.6.3

any other Vessel that is loading or unloading goods to or from any Vessel that is paying Berthage Fees to the Authority, if that Vessel is moored at Authority Property with the permission of the Authority.

5.5 Dockage Fees

5.5.1

Dockage Fees shall be calculated as set out in Schedule 5; and

5.5.2

Dockage Fees shall be paid by the Owner of the Vessel.

5.6 Services and Facilities Fees

5.6.1

Services and Facilities Fees are calculated as set out on Schedule 6.

5.6.2

Services and Facilities Fees set out in Schedule 6 are payable by every Vessel berthed at Authority Property that arrives and/or departs with passengers.

5.6.3

Services and Facilities Fees are in addition to any other charges owing to the Authority.

5.6.4

Service fees are payable by the Owner of the Vessel.

5.7 Water Service Fees

5.7.1

Water Service Fees are calculated as set out on Schedule 7.

5.7.2

The fees described on Schedule 7 are due on the day the Water Service is provided and are payable to the Authority at its office in Prince Rupert within thirty days of that day, by the person requesting the service.

5.7.3

Any Vessel that is not ready to receive water at the time when it was agreed to be delivered shall forfeit its turn and may be charged a delay fee.

5.7.4

The person requesting the Water Service shall notify the Authority of the date and time when the Water Service is to be discontinued, and is liable for all charges incurred for the water until the service is discontinued.

5.7.5

Water Service shall be provided at such sections or areas of the Harbour or Effective: January 1, 2020 8 of 17 Port Authority Lands as the Authority may from time to time designate and the Authority is not responsible for failure to supply or for any delay or interruption in supplying water or for any deficiency in the quality of water supplied.

5.8 Ridley Island Project Cargo Fees

5.8.1

Ridley Island Project Cargo Fees shall be calculated as set out in Schedule 8:

5.8.1.1

Ridley Island Project Cargo Fees shall be calculated based on the weight of the Project Cargo in tonnes; and

5.8.1.2

Ridley Island Project Cargo Fees are payable by the Owner of the Goods.