CONSOLIDATION

Esquimalt Graving Dock Regulations

SOR/89-332

Current to June 20, 2022 Last amended on September 26, 2018



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on September 26, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on September 26, 2018

TABLE OF PROVISIONS Esquimalt Graving Dock Regulations 2

Interpretation

Responsibility

PART I

Dry Docking of Vessels 4

Entry into the Dry Dock

Priorities

Damage to Dry Dock

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

Cleaning of Dry Dock

Explosive Material and Oil Carried on Board Vessels

Use of Dry Dock and Dry Dock Property

Refuse

Winter Conditions

PART II

Dock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property

Current to June 20, 2022 Last amended on September 26, 2018

ii

Esquimalt Graving Dock Regulations TABLE OF PROVISIONS

PART III

Fines SCHEDULE SCHEDULES I AND II

Current to June 20, 2022 Last amended on September 26, 2018

iv

Registration SOR/89-332 June 22, 1989

DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACT Esquimalt Graving Dock Regulations P.C. 1989-1199

June 22, 1989

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.

*

SOR/84-476, 1984 Canada Gazette Part II, p. 2826

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations

1 [Repealed, SOR/2009-324, s. 2]

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

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations Interpretation Sections 2-4

measurement system in force before that Convention, a gross registered ton; (jauge brute) hour means an hour or any part of an hour; (heure) 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] SOR/95-462, s. 1; SOR/2003-303, s. 8; SOR/2009-324, s. 3; SOR/2018-188, s. 1.

Responsibility 3 Where a vessel uses the dry dock or dry dock property, the agent shall ensure that the vessel does not enter, remain in or leave the dry dock except in accordance with these Regulations.

PART I

Dry Docking of Vessels Entry into the Dry Dock 4 (1) No vessel shall enter the dry dock unless authorized to do so by the Manager in accordance with subsection (2). (2) The Manager may authorize a vessel to enter the dry

dock if (a) an application is completed in respect of the vessel

and submitted to the Manager; (b) the agent and the Manager agree on the date of entry of the vessel into the dry dock and the estimated duration of its stay in the dry dock;

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Entry into the Dry Dock Sections 4-5

(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; (f) any cash deposit or bond required under section 8

is given 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. SOR/95-462, ss. 2, 9; SOR/2009-324, s. 4.

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] (c) the agent shall, within three days after the date agreed on, pay to the Manager (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.

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Entry into the Dry Dock Sections 5-9

(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 (a) permission given by the Manager under section 7 in respect of another vessel; or (b) weather conditions. (3) [Repealed, SOR/2009-324, s. 5] SOR/95-462, s. 9; SOR/2009-324, s. 5.

6 (1) Before a vessel enters the dry dock, the Manager

shall provide the agent with the number of keel and bilge blocks necessary for the shape of that vessel. (2) The keel blocks provided in accordance with subsection (1) shall be 1.55 m high. (3) The agent shall set up the bilge blocks for the vessel no later than three hours before the vessel is expected to enter the dry dock, and the Manager shall set up the keel blocks. SOR/95-462, ss. 3, 9.

Priorities 7 The Manager may permit a vessel to enter the dry dock

before other vessels if the vessel is in a condition that necessitates its immediate entry into the dry dock. SOR/95-462, s. 9; SOR/2003-303, s. 9; SOR/2009-324, s. 6.

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. SOR/95-462, s. 9; SOR/2009-324, s. 6.

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. SOR/95-462, s. 9; SOR/2003-303, s. 10(F).

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Inspection of Vessels Sections 10-16

Inspection of Vessels 10 If a vessel enters the dry dock, the agent shall, within three days after the dry dock is pumped out, inspect the vessel and, if necessary, request the Manager to revise the estimated duration of stay referred to in paragraph 4(2)(c). SOR/95-462, s. 9; SOR/2009-324, s. 7.

Lighting of Vessels 11 Every vessel that is in the dry dock shall, between

sunset and sunrise, display adequate lighting at each end of every gangway of the vessel.

Protection of the Dry Dock and Dry Dock Property 12 (1) The Manager shall manage and protect the dry dock and dry dock property. (2) The Manager shall dispose of fish trapped as a result of pumping out the dry dock. SOR/95-462, s. 9; SOR/2003-303, s. 11(F).

Movement of Vessels 13 (1) Where a vessel enters the dry dock, the main engines and the bow and stern thrusters of the vessel shall be turned off before the vessel or any part thereof passes through the dry dock entrance. (2) Where a vessel leaves the dry dock, the main engines and the bow and stern thrusters of the vessel shall not be turned on until the entire vessel has passed through the dry dock entrance. SOR/95-462, s. 4.

14 Where a vessel enters or leaves the dry dock, the agent shall have a pilot on board and shall have available the number and kind of tugboats necessary for the proper handling of the vessel. SOR/95-462, s. 4.

Duration of Stay in the Dry Dock 15 Subject to section 16, no vessel shall remain in the

dry dock longer than the estimated duration of stay referred to in paragraph 4(2)(c). SOR/95-462, s. 9; SOR/2009-324, s. 8.

16 If repairs to a vessel in the dry dock cannot be completed within the estimated duration of stay referred to in

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Duration of Stay in the Dry Dock Sections 16-19

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. SOR/95-462, s. 9; SOR/2009-324, s. 8.

17 [Repealed, SOR/2009-324, s. 9]

Cleaning of Dry Dock 18 (1) Before a vessel leaves the dry dock, the agent

shall (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. (2) Where the dry dock has been pumped out after the

departure of a vessel, the agent shall return all bilge blocks, except for one row of bilge blocks on each side of the keel blocks, to the dry dock walls, and shall reposition any keel blocks that may have been moved. SOR/95-462, s. 6.

Explosive Material and Oil Carried on Board Vessels 19 (1) Subject to subsections (2) and (3), where a vessel

that has been authorized to enter the dry dock in accordance with subsection 4(2) carries any explosive material on board, the vessel shall not enter the dry dock until the explosive material has been removed from the vessel. (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

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Explosive Material and Oil Carried on Board Vessels Sections 19-25

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. SOR/95-462, s. 9.

20 If, as a result of a delay caused by compliance with section 19, a vessel enters the dry dock after the date agreed on pursuant to paragraph 4(2)(b), the agent shall pay to the Manager the applicable dock charges for each day the dry dock is kept vacant while awaiting the entry of the vessel. SOR/95-462, s. 9; SOR/2009-324, s. 10.

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. SOR/95-462, s. 9.

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.

23 No person shall throw timber or other heavy materials onto the steps or stonework of the dry dock or shall pass any timber or other heavy materials into or out of the dry dock other than by the means provided for that purpose. 24 [Repealed, SOR/2003-303, s. 12] 25 (1) No vessel shall be bunkered in the dry dock without the authorization of the Manager to do so. (2) The Manager may authorize a vessel to be bunkered in the dry dock if (a) a fire watch is kept at the fuelling connection on

the vessel; and

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Use of Dry Dock and Dry Dock Property Sections 25-31

(b) all work on the exterior of the vessel is suspended

for the duration of the bunkering operations. SOR/95-462, s. 9.

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. SOR/95-462, s. 9.

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. SOR/95-462, s. 9; SOR/2003-303, s. 13(E); SOR/2009-324, s. 11.

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. SOR/95-462, ss. 7, 9; SOR/2009-324, s. 11.

Refuse 29 The agent shall remove from the dry dock property all sewage, garbage, sweepings, ashes or other refuse from the vessel. SOR/2009-324, s. 11.

30 (1) If a vessel is in the dry dock or adjacent to the jetties, the agent shall keep the entrances to the water-closets and urinals of that vessel locked or fastened. (2) No person shall use the water-closets or urinals of a

vessel while it is in the dry dock or adjacent to the jetties. SOR/2009-324, s. 11.

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,

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART I Dry Docking of Vessels Winter Conditions Sections 31-33

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. SOR/95-462, s. 9; SOR/2009-324, s. 12.

32 (1) No vessel shall enter or leave the dry dock if the

temperature at the dry dock is below 0°C unless the caissons and related equipment have been heated and the keel and bilge blocks have been secured in accordance with subsection 31(2). (2) The agent shall, within seven days after the vessel leaves the dry dock, replace any keel or bilge blocks that have been carried away by the vessel, whether or not those blocks were secured in accordance with subsection 31(2).

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, (a) a vessel is docked when it enters the dry dock and

the gate of the dry dock is closed, and is undocked when the dry dock and the dry dock property are cleaned as required by section 18 and the vessel leaves the dry dock; (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.

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART II Dock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property Sections 34-37

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. SOR/95-462, s. 9; SOR/2009-324, s. 13.

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 (1) The Manager may detain a vessel in the dry dock where repairs to another vessel in the dry dock have not been completed. (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. SOR/95-462, s. 9.

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: A+B

where A

is the average of the Government of Canada benchmark 10-year bond yields as published monthly by the Bank of Canada for the first six months of the previous calendar year; and

B

is equal to 1%.

SOR/2009-324, s. 14; SOR/2018-188, s. 2.

37 (1) No person shall undock a vessel from the dry dock until the dock charges owing in respect of the vessel have been paid. (2) Where dock charges owing in respect of a vessel are

not paid and the vessel is in the dry dock, the Minister may seize the vessel and its cargo and, after giving the agent 60 days notice in writing, may sell the vessel or its cargo or both.

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations PART III Fines Section 38

PART III

Fines 38 Every person who contravenes any provision of these Regulations is liable to a fine of $5,000. SOR/2009-324, s. 15.

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations SCHEDULE

SCHEDULE (Paragraph 4(2)(e), subparagraph 5(1)(c)(i), section 34 and subsection 36.1(1))

Dock Charges Column 1

Column 2

Item

Services and Facilities

Base Charges ($) (April 1, 2018 to March 31, 2019)

Booking

5,569.60

Draining, per section

5,569.60

Berthage, per metre, per day

Rail-mounted crane, per hour (a) with light hook;

511.37

(b) with main hook, up to 50tonne lift, and

738.64

(c) with main hook, over 50tonne lift 5

6.51

1,136.39

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

181.82

Air compressor (first), per manifold hour

125.00

Air compressor (second), per manifold hour

119.33

Air compressor (wheeled), per manifold hour

Motorized vessel, per hour

Fresh water, per cubic metre

1.43

Electric power, per kilowatt hour

0.17

Tie-up or letting go

903.94

Overtime labour services, drydock employee, per hour

110.55

Security services, per vessel, per day

511.37

Dockage, 1 section, per day

3,341.76

Dockage, 2 sections, per day

11,139.21

Current to June 20, 2022 Last amended on September 26, 2018

62.50 206.61

Esquimalt Graving Dock Regulations SCHEDULE

Column 1

Column 2

Item

Services and Facilities

Base Charges ($) (April 1, 2018 to March 31, 2019)

Dockage, 3 sections, per day

Dockage per day: under 5 000 gross tonnage

Dockage per day: 5 000 – 34 999 gross tonnage

0.13 x the vessel’s gross tonnage

Dockage per day: 35 000 – 69 999 gross tonnage

0.12 x the vessel’s gross tonnage

Dockage per day, 70 000 – 89 999 gross tonnage

0.10 x the vessel’s gross tonnage

Dockage per day: over 89 999 gross tonnage

0.09 x the vessel’s gross tonnage

Sewer discharge, per litre

Vacuum loader

15,594.87 0.00

0.01 73.86

SOR/2009-324, s. 16; SOR/2018-188, s. 3.

Current to June 20, 2022 Last amended on September 26, 2018

Esquimalt Graving Dock Regulations SCHEDULES I AND II

SCHEDULES I AND II [Repealed, SOR/2009-324, s. 16]

Current to June 20, 2022 Last amended on September 26, 2018

