Pilotage Act

Marginal note:Orders of Agency

• 35 (1) If the Agency determines that an objection set out in a notice of objection under section 34 is well founded, it may order the Authority to

  • (a) cancel the establishment or revision of the pilotage charge in question;

  • (b) reinstate any pilotage charge that was in effect immediately before the pilotage charge in question took effect;

  • (c) refund to each user of compulsory pilotage services the amount they paid on account of the pilotage charge the establishment of which is cancelled under paragraph (a) or the amount they paid in excess of the pilotage charge reinstated under paragraph (b);

  • (d) in a case in which the Authority did not comply with the requirements set out in section 33.3 or 33.4, suspend the establishment or revision of the pilotage charge in question until the Authority has taken the measures set out in the order; or

  • (e) take any other appropriate measures.

• Marginal note:Refund

  (2) If under paragraph (1)(c) the Agency orders the Authority to make a refund to a user of compulsory pilotage services,

  • (a) the Agency shall allow the person who filed the notice of objection and the Authority to make representations to the Agency before fixing the period within which the refund is to be made; and

  • (b) the Authority may make the refund to the user by making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency.

• Marginal note:Interest on amount of refund

  (3) If the Agency orders the Authority to make a refund to a user under paragraph (1)(c), the amount of the refund is to include interest at the interest rate charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the order is made.

• Marginal note:Reasons

  (4) The Agency shall provide the person who filed the notice of objection and the Authority with written reasons for any decision made under subsection (1) and, if applicable, any decision to fix the period within which the Authority is to make a refund to a user of compulsory pilotage services.