Esquimalt Graving Dock Regulations (SOR/89-332)

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 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.

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.

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.

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24 [Repealed, SOR/2003-303, s. 12]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

  • (b) all work on the exterior of the vessel is suspended for the duration of the bunkering operations.

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.

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.

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.

Refuse

29 The agent shall remove from the dry dock property all sewage, garbage, sweepings, ashes or other refuse from the vessel.

• 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.

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, 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.

• 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 IIDock 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.

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.

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.

• 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%.

• 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.

PART IIIFines

38 Every person who contravenes any provision of these Regulations is liable to a fine of $5,000.