PART IIIDock Charges Payable for Services and Use of the Dry Dock and Dry Dock Property (continued)
32 (1) Where a vessel uses the dry dock or dry dock property or is provided with a service set out in column I of an item of Schedule II, the agent shall pay to the Superintendent the applicable dock charge set out in that Schedule.
(2) Subject to section 34 and subsection 35(2), the dock charge set out in column II of item 5 of Schedule II is payable in respect of a vessel to the extent that it exceeds the amount of the dock charge set out in column II of item 1 of that Schedule.
(3) Where a vessel leaves the dry dock five hours or less after the beginning of a day, the dock charge for that day shall be one half of the applicable dock charge set out in column II of item 5 of Schedule II that is payable in respect of the vessel for that day.
33 Where, by arrangement with the Superintendent, a vessel is dry docked or launched on a Saturday or holiday, the amount representing the overtime differential wages of all employees and related costs shall be added to the applicable dock charges set out in column II of items 2, 3 and 4 of Schedule II.
34 No dock charges are payable in respect of a vessel during a period in which the vessel is detained on the dry dock by weather conditions if during that period no work is done that would require the dry docking of the vessel.
35 (1) The Superintendent may detain a vessel in the dry dock when 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.
36 (1) Subject to subsection 35(2), where a vessel is not removed from the dry dock within 48 hours after the day on which the stay in respect of which an agreement referred to in paragraph 4(2)(b) was made was estimated to end pursuant to that agreement, an additional charge as set out in column II of item 8 of Schedule II is payable to the Superintendent in respect of that vessel, after the expiration of the period of 48 hours unless
(a) no other vessel is waiting to use the dry dock; or
(b) the delay in the removal of the vessel was caused by circumstances that were beyond the control of the agent and that the agent could not have anticipated.
(2) No vessel shall be kept in the dry dock more than 14 days after the stay in respect of which an agreement referred to in paragraph 4(2)(b) was made was estimated to end pursuant to that agreement.
- SOR/2003-303, s. 5(F)
37 (1) No person shall remove 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.
38 Every person who contravenes any provision of these Regulations is liable to a fine in the amount of $400.
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