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User Fees Act

 

On March 31, 2004, the User Fees Act received Royal Assent. The aim of the Act is to strengthen the accountability, oversight and transparency of user fee activities. The User Fees Act requires departments to submit to Parliament, each year, a list of all user fees in effect, irrespective of when the fees were established.

The table below lists DFO's user fees for the fiscal year 2007-2008. DFO has not introduced any new user fees since the establishment of the User Fees Act, nor has the Department increased any existing user fees.

User Fees ($ thousands)

User Fee	Fee Type*	Fee Setting Authority	Date Last Modified	2007-2008			Fiscal Year	Forecast Revenue	Estimated Full Cost
				Forecast Revenue	Actual Revenue	Full Cost
Maintenance Dredging Services Tonnage Fee1 Intended to recover from commercial vessels the total direct costs incurred by CCG to manage maintenance dredging services in the St. Lawrence Shipping Channel. Services provided consist of the management of the maintenance dredging program for the St. Lawrence Shipping Channel.	O	Section 47 of the Oceans Act	2003	4,600	5,372	5,372	2008-2009 2009-2010 2010-2011	4,600   4,600 4,600	4,600   4,600 4,600
Marine Navigation Services Fee Intended to recover a portion of the full costs incurred by CCG to provide marine navigation services to commercial vessels. Services provided include short-range aids to navigation and vessel traffic services.	O	Section 47 of the Oceans Act	2005	27,817	30,712	179,616	2008-2009 2009-2010 2010-2011	27,817   27,817 27,817	170,961   170,961 170,961
Marine Communications and Traffic Services/Coast Guard Radio Communications Charges Rates charged for person-to-person communications by radio-telephone or radio-telegram from ship to shore or from shore to ship.	O	Section 19 of the Financial Administration Act	1994	100	26	1,1162	2008-2009 2009-2010 2010-2011	100   100 100	2
Icebreaking Services Fee Intended to recover a portion of the full costs incurred by CCG to provide icebreaking services to commercial vessels. Services provided include route assistance (channel maintenance and ship escorts), ice routing and information services, and some harbour/wharf breakouts where not provided by commercial operators.	O	Section 47 of the Oceans Act	1998	13,824	5,202	115,457	2008-2009 2009-2010 2010-2011	13,824   13,824 13,824	105,399   105,399 105,399
Hydrography Sale of charts and publications	O	Financial Administration Act, Oceans Act	1996	1,800	1,948	31,700	2008-2009 2009-2010 2010-2011	1,802   1,802 1,802	31,700   31,700 31,700
Fisheries Management Commercial fishing licence fees	R&P	Sections 7 and 8 of the Fisheries Act	1995	35,006	37,968	3	2008-2009 2009-2010 2010-2011	35,015   35,015 35,015	3
Fisheries Management Recreational fishing licence fees	R&P	Sections 7 and 8 of the Fisheries Act	1996	5,135	5,174	3	2008-2009 2009-2010 2010-2011	5,150   5,150 5,150	3
Fisheries Management Pacific Salmon Conservation Stamp	R&P O	Sections 7 and 8 of the Fisheries Act	1995	1,431	1,349	15,000	2008-2009 2009-2010 2010-2011	1,490   1,490 1,490	15,300   15,606 15,918
Access to Information Fees charged for the processing of Access requests filed under the Access to Information Act	O	Access to Information Act	1992	13	14	1,7984	2008-2009 2009-2010 2010-2011	13.6   14.8 16.0	1,900   2,100 2,300
Sub-totals							2008-2009 2009-2010 2010-2011	89,812   89,813 89,814	329,860   330,366 330,878
Total				89,726	87,765	376,091		269,438	991,104

Figures may not add due to rounding.

Note: According to prevailing legal opinion, where the corresponding fee introduction or most recent modification occurred before March 31, 2004:

• The performance standard, if provided, may not have received parliamentary review.
• The performance standard, if provided, may not respect all requirements established under the User Fees Act (UFA) (e.g., international comparison or independent complaint address).
• The performance result, if provided, is not legally subject to Section 5.1 of the UFA regarding fee reductions for performance not achieved.

* DFO collects fees for the conferring of Rights & Privileges (R&P) and for Other Goods and Services (O).

¹Since 1997, and at the request of industry, the Canadian Coast Guard has managed the maintenance dredging of the navigation channel of the St. Lawrence River between the Port of Montreal and the Île aux Coudres near Quebec City. The current fee schedule, which replaces the earlier fee schedule that expired on March 31, 2003, extends the arrangement whereby the Canadian Coast Guard is reimbursed, via fees, for the total direct costs it incurs to ensure commercial navigation. Full cost figures are based on total direct costs (rather than full costs), which include direct labour costs (including employee benefits), direct operating costs, direct material costs, program support costs and capital acquisitions (to the extent that these capital acquisitions form part of an output).

² The full cost of the communications infrastructure associated with non-safety-related, cost-recovered public correspondence services is $1,116,000. This communications infrastructure also supports various safety-related and non-cost-recovered communications services and, as such, these costs are integrated. CCG has structured its public correspondence services charges so that revenues do not exceed the incremental cost of providing these non-safety-related services.

³ Access fees that reflect the value of the privilege/benefit of access to a valuable natural resource owned by all Canadians and not the cost of fisheries management.

⁴ This figure includes includes amounts for salaries and Operating and Maintenance for the Access to Information and Privacy Secretariat only.

 

Policy on Service Standards for External Fees

 

On November 29, 2004, Treasury Board Ministers approved the Policy on Service Standards for External Fees. The Policy requires departments to report on the status of service standards for all external fees charged on a non-contractual basis. DFO has established service standards for the following external fees:

• Maintenance Dredging Services Tonnage Fee;
• Marine Navigation Services Fee;
• Icebreaking Services Fee;
• Marine Communications and Traffic Services — Canadian Coast Guard Radio Communications Charges;
• Hydrography - Sale of paper charts and publications; and
• Fees charged for the processing of access requests under the Access to Information Act.

External Fee	Service Standard1	Performance Result2	Stakeholder Consultation
Maintenance Dredging Services Tonnage Fee	In general, dredging is intended to maintain the depths indicated on the sea charts and to ensure the optimal and safe use of the St. Lawrence seaway twelve months a year.3	In 2007-2008, the St. Lawrence seaway was maintained in conformity with the depths indicated on the sea charts.	The annual meeting between CCG and dredging service recipients took place in May 2007. The clients were very satisfied with the services they received from CCG and did not request any changes to the current agreement. Clients were also informed of the fee increase for the new year that resulted from the change in the Consumer Price Index.
Marine Navigation Services Fee	Short Range Aids to Navigation identified as required to support commercial shipping in Canadian waters are operational not less than 99% of the time, in accordance with established levels of service. All vessel traffic services identified as required to support commercial shipping in Canadian waters are available from the Canadian Coast Guard's Marine Communications and Traffic Services Centres in accordance with established levels of service.	Short Range Aids to Navigation identified as required to support commercial shipping in Canadian waters were operational not less than 99.0% of the time, in accordance with established levels of service. All vessel traffic services identified as required to support commercial shipping in Canadian waters were available not less than 97% of the time, in accordance with established levels of service.	The current Marine Navigation Services Fee's rates and application were developed in co-operation with the commercial shipping industry in 1998.
Icebreaking Services Fee	All ice information and routing services in support of commercial shipping in Canadian waters are available from Canadian Coast Guard Ice Operations Centres in accordance with the Icebreaking Program's levels of service. All requests for route assistance and commercial harbour breakouts in support of commercial shipping in Canadian waters will be responded to in accordance with established Icebreaking Program levels of service.	All ice information and routing services in support of commercial shipping in Canadian waters were available from Canadian Coast Guard Ice Operations Centres in accordance with the Icebreaking Program's levels of service. All requests for route assistance and commercial harbour breakouts in support of commercial shipping in Canadian waters were responded to in accordance with established Icebreaking Program levels of service.	The Icebreaking Services Fee's transit-based structure, rate and application were developed in 1998 by an Industry/Canadian Coast Guard Working Group that rejected a fee based on direct service. The Icebreaking Services Fee has remained unadjusted since then. Canadian Coast Guard officers in the region and from Headquarters liaise regularly with commercial shipping clients respecting icebreaking operations. This includes regular meetings in each region in the lead-up to each ice season and a post mortem at the end of each ice season.
Marine Communications and Traffic Services - Canadian Coast Guard Radio Communications Charges	Where the service is available,4 ship to shore and shore to ship public correspondence communications are facilitated 24 hours a day, 7 days a week, in accordance with established Marine Communications and Traffic Services levels of service.	1,509 ship to shore/shore to ship telephone calls were placed via CCG personnel in accordance with Marine Communications and Traffic Services levels of service.	The fees in place were established in 1994 and have remained unadjusted since then.
Hydrography - Sale of paper charts and publications on a wholesale basis through dealers	Updated Canadian Hydrographic Service (CHS) nautical products will be provided in accordance with established levels of service that ensure the timeliness and accessibility of these products. Looking to core elements of CHS's Levels of Service, purchasers of charts and publications can expect that updates will be provided to these products within 4 months of the receipt of new critical information; that requests for products will be shipped within 5 working days following receipt of the order; and that 20% of CHS high-risk charts are reviewed annually.	CHS achieved its targets for processing and disseminating critical information. On average, updates were issued to clients within the 4 month period. Orders for products were shipped within 5 days 97% of the time. 20% of CHS high-risk charts were reviewed.	CHS's Levels of Service were developed between 2005 and 2007 in consultation with CHS clients, the Levels of Service Advisory Panel and the Canadian Marine Advisory Council (CMAC). CHS reports to the Advisory Panel and CMAC annually on progress on meeting the levels of service standards.
Fees charged for the processing of Access requests filed under the Access to Information Act	Response provided within 30 days following receipt of request; the response time may be extended pursuant to Section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. The Access to Information Act provides fuller details: http://laws.justice.gc.ca/en/A-1/index.html	Statutory deadlines were met 95% of the time.	The service standard is established by the Access to Information Act and the Access to Information Regulations. Consultations with stakeholders were undertaken by the Department of Justice and the Treasury Board Secretariat for amendments done in 1986 and 1992.

¹ As established pursuant to the Policy on Service Standards for External Fees:

• Service standards may not have received parliamentary review.
• Service standards may not respect all requirements for performance standards established under the UFA (e.g., international comparison or independent complaint address).

² Performance results are not legally subject to Section 5.1 of the UFA regarding fee reductions for performance not achieved.

³ Seaway maintenance takes user delays into consideration. Ship-loading capacity was not affected by shallow water in the seaway.

⁴ The cessation of the Canadian Coast Guard commercial public correspondence service started on December 31, 1999, in selected areas, based on the demand for the service and the availability of alternative service delivery methods.

Other Information

Canadian Coast Guard Fees: Canadian Coast Guard is conducting a review of Levels of Service (LOS) to validate the LOS and service standards provided. Clients are closely engaged in this process. The scope of the LOS covers all the main CCG activities for which LOS are appropriate, regardless of whether there are external charges associated with them. CCG's LOS can be accessed at http://www.ccg-gcc.gc.ca/eng/Ccg/wm_Los_Home.

Access Fees: Commercial fishing licence fees and recreational fishing licence fees identified in the table on user fees under Fisheries Management are not reflected in the table above, on the policy on service standards for external fees, since they reflect the value of the privilege/benefit of access to a valuable natural resource owned by all Canadians. DFO's Fisheries Renewal initiative and Commercial Fishing Licence Fee Review could inform what future role and links should be made between access fees and service standards. The Pacific Salmon Conservation Stamp also has an access element, but it is primarily designed to support salmon restoration and enhancement initiatives. The Sport Fishing Advisory Board of BC supports the licence and salmon stamp fees. Additional details on the Pacific Salmon Conservation Stamp can be found online.

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