Vol. 145, No. 14 — July 06, 2011

Registration

SOR/2011-136 June 23, 2011

PILOTAGE ACT

ARCHIVED — Regulations Amending the Great Lakes Pilotage Regulations

P.C. 2011-738 June 23, 2011

RESOLUTION

Whereas the Great Lakes Pilotage Authority, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), published a copy of the proposed Regulations Amending the Great Lakes Pilotage Regulations, substantially in the annexed form, in the Canada Gazette, Part I, on March 26, 2011;

Therefore, the Great Lakes Pilotage Authority, pursuant to subsections 20(1) and (2) of the Pilotage Act (see footnote b), hereby makes the annexed Regulations Amending the Great Lakes Pilotage Regulations.

Cornwall, May 19, 2011

ROBERT F. LEMIRE
Chief Executive Officer
Great Lakes Pilotage Authority

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 20(1) and (2) of the Pilotage Act (see footnote c), hereby approves the annexed Regulations Amending the Great Lakes Pilotage Regulations, made by the Great Lakes Pilotage Authority.

REGULATIONS AMENDING THE GREAT LAKES PILOTAGE REGULATIONS

AMENDMENTS

1. (1) The definition “gross registered tons” in section 2 of the Great Lakes Pilotage Regulations (see footnote 1) is repealed.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

“gross tonnage” has the meaning assigned by section 2 of the Canada Shipping Act, 2001; (jauge brute)

2. Section 4 of the Regulations is replaced by the following:

GENERAL

4. The following ships are subject to compulsory pilotage:

  1. (a) a ship of more than 1 500 gross tonnage; and
  2. (b) a ship that is not registered in Canada and is over 35 m in length.

FERRIES

4.1 (1) A ship is not subject to compulsory pilotage under section 4 if the ship is a ferry that operates on a regular schedule.

(2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

  1. (a) the ship’s seaworthiness;
  2. (b) exceptional conditions on board the ship; or
  3. (c) conditions related to weather, currents or ice.

TUGS

4.2 A ship that is not subject to compulsory pilotage under section 4 is subject to compulsory pilotage if the ship is a tug that

  1. (a) is engaged in towing or pushing two or more ships and the combined length of those ships, including the length of any lines, is 80 m or more; or
  2. (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1 500 gross tonnage or more.

4.3 (1) A ship is not subject to compulsory pilotage under section 4 if the ship is a tug that

  1. (a) is not engaged in towing or pushing another ship or object;
  2. (b) is engaged in towing or pushing a ship that is less than 80 m in length; or
  3. (c) is engaged in towing or pushing a ship in a harbour.

(2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

  1. (a) the ship’s seaworthiness;
  2. (b) exceptional conditions on board the ship; or
  3. (c) conditions related to weather, currents or ice.

SHIPS UNDER THE CONDUCT OF MASTERS OR DECK WATCH OFFICERS LICENSED IN THE UNITED STATES

4.4 A ship that is subject to compulsory pilotage under section 4 need not be under the conduct of a licensed pilot or the holder of a pilotage certificate if the ship

  1. (a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and
  2. (b) is under the conduct of a master or deck watch officer who holds a certificate of competency or similar document issued pursuant to the laws of the United States that authorizes that person to have the conduct of the ship within the compulsory pilotage area in which the ship is navigating.

TRANSITIONAL EXCEPTION

4.5 Until December 31, 2012, a ship is not subject to compulsory pilotage under section 4 if the ship

  1. (a) has an inspection certificate issued by the Minister of Transport under section 10 of the Vessel Certificates Regulations;
  2. (b) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and
  3. (c) is under the conduct of a master or deck watch officer who
    1. (i) is a regular member of the complement of the ship,
    2. (ii) holds an appropriate and valid certificate of competency issued by the Minister of Transport under the Canada Shipping Act or the Canada Shipping Act, 2001, and
    3. (iii) has been certified within the preceding 12 months by the owner of the ship as having completed, within the three-years immediately preceding the date of the certificate, in the capacity of master or deck watch officer, not less than 10 one-way trips of the compulsory pilotage area in which the ship is navigating.

3. Subparagraph 5(1)(e)(i) of the Regulations is replaced by the following:

  1. (i) a licensed pilot or the holder of a pilotage certificate for that area is on board and available on call, or

4. Paragraphs 8.1(1)(a) and (b) of the Regulations are replaced by the following:

  1. (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or
  2. (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes to transit from Cape Vincent to Crossover Island.

5. Sections 9 and 10 of the Regulations are replaced by the following:

9. A pilotage certificate issued by the Authority permits its holder to perform pilotage duties on board a ship in a compulsory pilotage area if

  1. (a) the holder is a regular member of the complement of the ship; and
  2. (b) the certificate was issued for that compulsory pilotage area.

APPRENTICESHIP

10. (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage.

(2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of the holder of a pilotage certificate for that area or a licensed pilot for that area, undertake shipboard pilotage training on

  1. (a) a Canadian ship of more than 1 500 gross tonnage; or
  2. (b) an arrangement of ships whose total gross tonnage is 1 500 gross tonnage or more.

6. Subsection 11(2) of the Regulations is replaced by the following:

(2) Subject to any restrictions or qualifications that are endorsed on it, a licence or pilotage certificate permits its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate.

7. The heading before section 12 and sections 12 and 13 of the Regulations are replaced by the following:

QUALIFICATIONS

APPLICANT FOR A LICENCE

12. (1) An applicant for a licence shall

  1. (a) have the sea service described in section 12 of the General Pilotage Regulations;
  2. (b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties;
  3. (c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;
  4. (d) hold training certificates showing that the applicant has successfully completed
    1. (i) SEN Level II, as referred to in the Marine Personnel Regulations, and
    2. (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;
  5. (e) demonstrate professional conduct;
  6. (f) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and
  7. (g) be able to speak and understand English to the extent necessary to perform pilotage duties.

(2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Authority before taking the examination referred to in paragraph (1)(b).

(3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b).

(4) An applicant for a licence for the Cornwall District shall be able to speak and understand French to the extent necessary to perform pilotage duties in that area.

APPLICANT FOR A PILOTAGE CERTIFICATE — BEFORE JANUARY 1, 2013

12.1 Subject to section 12.2, an applicant for a pilotage certificate who applies before January 1, 2013 shall

  1. (a) have the sea service described in section 12 of the General Pilotage Regulations;
  2. (b) have completed, within the three years immediately preceding the date of the application, at least 10 one-way trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;
  3. (c) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties;
  4. (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;
  5. (e) hold training certificates showing that the applicant has successfully completed
    1. (i) a marine emergency duties training course for senior officers taught at a recognized institution, as defined in subsection 1(1) of the Marine Personnel Regulations, and
    2. (ii) SEN Level II, as referred to in the Marine Personnel Regulations;
  6. (f) demonstrate professional conduct;
  7. (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and
  8. (h) be able to speak and understand English to the extent necessary to perform pilotage duties.

12.2 (1) An applicant for a pilotage certificate who applies before January 1, 2013 is not required to meet the qualifications prescribed in paragraph 12.1(c) if, before that date, the applicant provides the Authority with a statutory declaration stating the following information:

  1. (a) the applicant’s experience and service in the conduct of Canadian ships in and through the parts of each compulsory pilotage area that the pilotage certificate is applied for;
  2. (b) that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;
  3. (c) the applicant’s age; and
  4. (d) the type of each certificate of competency that the applicant holds.

(2) The statutory declaration referred to in subsection (1) shall include the following attachments:

  1. (a) proof that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;
  2. (b) proof of the applicant’s sea service;
  3. (c) proof of the applicant’s experience and service in the conduct of Canadian ships in and through the parts of each compulsory pilotage area that the pilotage certificate is applied for;
  4. (d) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);
  5. (e) a photocopy of each training certificate required under paragraph 12.1(e);
  6. (f) a photocopy of each certificate of competency that the applicant holds; and
  7. (g) proof of the applicant’s age.

APPLICANT FOR A PILOTAGE CERTIFICATE — AFTER DECEMBER 31, 2012

12.3 An applicant for a pilotage certificate who applies after December 31, 2012 shall

  1. (a) have the sea service described in section 12 of the General Pilotage Regulations;
  2. (b) have completed, within the three years immediately preceding the date of the application, at least 15 trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;
  3. (c) either
    1. (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties, or
    2. (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program;
  4. (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;
  5. (e) hold training certificates showing that the applicant has successfully completed
    1. (i) SEN Level II, as referred to in the Marine Personnel Regulations, and
    2. (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;
  6. (f) demonstrate professional conduct;
  7. (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and
  8. (h) be able to speak and understand English to the extent necessary to perform pilotage duties.

12.4 An applicant for a pilotage certificate who applies after December 31, 2012 shall provide the Authority with

  1. (a) proof that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;
  2. (b) proof of the applicant’s acquired experience and service in the conduct of Canadian ships, or arrangements of ships, whose total gross tonnage is 1 500 gross tonnage or more in and through the parts of each compulsory pilotage area in which the applicant intends to perform pilotage duties;
  3. (c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);
  4. (d) a photocopy of each training certificate required under paragraph 12.3(e);
  5. (e) a photocopy of each certificate of competency that the applicant holds; and
  6. (f) proof of the applicant’s age.

GREAT LAKES MARINE PILOTAGE CERTIFICATE TRAINING PROGRAM

12.5 For greater certainty, the Authority shall ensure that successfully completing the Great Lakes Marine Pilotage Certificate Training Program is equivalent to passing an examination for a pilotage certificate.

EXAMINATIONS

13. (1) An examination for a licence or pilotage certificate shall relate to the applicant’s knowledge of the following topics:

  1. (a) the pilotage and navigational requirements of each area in which the applicant intends to perform pilotage duties, including knowledge of the currents, depths of water, anchorage areas, aids to navigation and, as applicable, tides;
  2. (b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties;
  3. (c) the relevant parts of the Act and the regulations made under it;
  4. (d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics;
  5. (e) the practical use of all shipboard navigational instruments;
  6. (f) the duties, responsibilities and obligations of a pilot; and
  7. (g) the relevant customs, port, immigration and pollution regulations.

(2) If an applicant intends to perform pilotage duties in an area other than the Port of Churchill, Manitoba, the examination shall also relate to the applicant’s knowledge of the Seaway Property Regulations.

(3) If an applicant intends to perform pilotage duties in the Port of Churchill, Manitoba, the examination shall also relate to the applicant’s knowledge of the Collision Regulations and any regulations respecting the Port of Churchill made under any law of Canada.

13.1 An examination for a licence or pilotage certificate shall be conducted at a place or places determined by the Authority and notice of the examination shall be communicated by the Authority to every applicant for a licence or pilotage certificate.

8. Subsections 14(1) to (3) of the Regulations are replaced by the following:

14. (1) A Board of Examiners shall consist of an officer of the Authority, who shall be the Chairperson of the Board, and of the Board members appointed by the Authority under subsection (2) or (3).

(2) In the case of an applicant for a licence for a compulsory pilotage area, the Authority shall appoint the following Board members:

  1. (a) two persons, each of whom holds a licence for the area; and
  2. (b) a person who does not hold a licence for the area but is knowledgeable about the area and holds
    1. (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or
    2. (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

(3) In the case of an applicant for a pilotage certificate for a compulsory pilotage area, the Authority shall appoint the following Board members:

  1. (a) two persons, each of whom holds a licence or a pilotage certificate for the area; and
  2. (b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds
    1. (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or
    2. (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

9. Subsection 15(2) of the Regulations is replaced by the following:

(2) Until December 31, 2012, the fee for issuing a licence or pilotage certificate is $100.

(3) Beginning on January 1, 2013, the fee for issuing a licence or pilotage certificate is $250.

10. Section 16 of the Regulations and the heading before it are replaced by the following:

MAINTAINING QUALIFICATIONS

16. (1) A licence expires unless its holder

  1. (a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;
  2. (b) maintains and, if possible, improves his or her competence with respect to pilotage duties;
  3. (c) holds valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the licence;
  4. (d) maintains valid training certificates, if they were required for the issuance of the licence; and
  5. (e) completes, every year, at least five one-way trips in each compulsory pilotage area for which the licence was issued.

(2) Paragraph (1)(d) does not apply in respect of a licence for the Port of Churchill, Manitoba.

16.1 A pilotage certificate expires unless its holder

  1. (a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;
  2. (b) maintains and, if possible, improves his or her competence with respect to pilotage duties;
  3. (c) holds valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the pilotage certificate;
  4. (d) maintains valid training certificates, if they were required for the issuance of the pilotage certificate; and
  5. (e) completes, in the three-year period after the date of issuance of the certificate, in the capacity of master or deck watch officer, at least 10 one-way trips in the compulsory pilotage area for which the pilotage certificate was issued; and
  6. (f) provides, at the request of the Authority, satisfactory evidence that the holder has complied with the requirements of paragraph (e).

COMING INTO FORCE

11. These Regulations come into force on July 1, 2011.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary


Issue: The Great Lakes Pilotage Authority (the Authority) is a Crown corporation responsible for navigation safety in the Canadian waters of the Great Lakes. However, the Auditor General Special Report of April 2008 found that the Authority currently does not have an effective mechanism to provide reasonable assurance that Canadian masters and deck watch officers have the competencies to ensure the safe passage of ships in compulsory pilotage areas. The Regulations Amending the Great Lakes Pilotage Regulations implement such a mechanism.

Description: Currently, all ships over 1 500 gross tonnage transiting the compulsory pilotage areas of the Great Lakes must use licensed pilots employed by the Authority. Canadian shipping companies may obtain an exemption from pilotage requirements, for their Canadian-flagged ships, by submitting a yearly declaration to the Authority confirming that a Canadian crew member meets the requirements of section 12 of the Great Lakes Pilotage Regulations (the Regulations).

Amendments to the Regulations require all domestic officers who wish to perform pilotage duties in the compulsory pilotage areas of the Great Lakes to hold a valid pilotage certificate, issued by the Authority in compliance with section 22 of the Pilotage Act. To obtain a pilotage certificate, a Canadian individual will have to successfully complete the Great Lakes Marine Pilotage Certificate Training Program or pass a written and oral examination, which will be administered by the Authority.

The amendments to the Regulations will come into force on July 1, 2011. During the planned transition period until December 31, 2012, the Authority will issue a pilotage certificate to Canadian officers who have previously been declared by a Canadian shipping company as meeting the requirements of the Regulations, provided they meet the requirements of the amendments. Once this transition period is over, all Canadian officers wishing to perform pilotage duties on the Great Lakes will be subject to the new requirements for a pilotage certificate.

Cost-benefit statement: The regulatory changes are all about enhancing safety measures for all Canadian vessels transiting the Great Lakes area. To transition Canadian masters and deck watch officers to the new pilotage certificates, there will be a one-time cost to the shipping industry of approximately $35,000. The benefits of the amendment will accrue to Canadian shipping companies in the form of avoided incidents, and to the Authority and the general public, who will have increased assurance that those navigating ships on the Great Lakes have the skills needed to do so safely. These overall benefits can not be easily quantified, but are deemed to outweigh the costs.

Business and consumer impacts: It is not anticipated that this amendment will lead to any change in the annual number of pilotage assignments for the Authority. In the short term, the new regime may add administrative burden on Canadian shipping companies doing business in the Great Lakes region, and on the Authority, as crew members must apply for a new pilotage certificate. In the medium term, when the program is well established, it will have no impact on the day-to-day operations of Canadian ships.

Domestic and international coordination and cooperation: This amendment will only affect Canadian shipping companies. There will be no change to the pilotage requirements for ships operated by foreign shipping companies. While pilotage services in the Great Lakes are shared with the United States, there will be no impact on the United States pilotage organizations because the amendments will not increase or decrease the demand for pilotage services.


Issue

Since the proclamation of the Pilotage Act, there have been a number of issues and concerns around the fact that the Authority does not check the competencies and qualifications of Canadian masters and deck watch officers of ships granted exemptions. Studies and reports on the subject of exemption requirements and practices in the past also raised the issue of the lack of an objective, transparent procedure for certifying that Canadian masters and deck watch officers have the required competencies. A significant number of commissions of inquiry, internal reviews, and departmental studies aimed at addressing these concerns have taken place over the years.

The latest study took place from February 2007 to January 2008. At that time the Office of the Auditor General (OAG) conducted a special examination of the Authority, as required by subsection 139(1) of the Financial Administration Act (FAA). The Special Examination Report issued in April 2008 found a significant deficiency in the current system of exempting Canadian ships from compulsory pilotage.

The report stated: “The GLPA (Great Lakes Pilotage Authority) does not have an effective mechanism to provide it with reasonable assurance that Canadian masters and deck watch officers have the competencies and qualifications needed to ensure the safe passage of their ships in compulsory pilotage areas.”

The current system is no longer appropriate and changes are needed. Transportation Safety Board statistics show that the number of incidents involving Canadian ships increased from an annual average of 12.6 between 1991 and 1999 to an annual average of 16 for the years 2000–06. Moreover, as stated in the Auditor General Special Report of April 2008, some of the Authority’s stakeholders agree that the risk of incidents will continue to increase, given the shrinking pool of candidates for the position of master and deck watch officer, the aging population of Canadian officers, and the decline in candidates’ number of years’ experience. Accordingly, the conditions set in 1972 for issuing exemptions need to be reviewed in light of current conditions.

Objectives

The objective of these regulatory changes is to implement a more effective mechanism to provide reasonable assurance that Canadian masters and deck watch officers have the competencies and qualifications needed to ensure the safe passage of ships in compulsory pilotage areas. Pilotage contributes to public safety by minimizing accidents and environmental damage. The Authority therefore needs to have assurance that Canadian masters and deck watch officers are competent to navigate safely without assistance from the Authority’s licensed pilots.

With the amendments, the Authority intends to reduce the number of incidents involving Canadian-flagged ships due to human factors and to reinforce its role to establish, operate, maintain and administer an efficient pilotage service in the interests of navigation safety and in the region under its responsibility.

Description

Currently, all ships over 1 500 gross tonnage transiting the compulsory pilotage areas of the Great Lakes must use licensed pilots employed by the Authority unless it is a ship that navigates only on the Great Lakes or inland waters of Canada, except for occasional near coastal voyages. Canadian shipping companies may obtain an exemption by submitting a yearly declaration to the Authority confirming that a Canadian crew member meets the requirements of the Regulations.

The amendments to the Regulations allow the Authority to more effectively ensure that officers have the local knowledge required to navigate their vessel in the Great Lakes region. All domestic officers who wish to perform pilotage duties will now be required to hold a valid pilotage certificate, which will be issued by the Authority in compliance with section 22 of the Pilotage Act which states that “no pilotage certificate shall be issued to an applicant unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area comparable to that required of an applicant for a licence for that compulsory pilotage area.”

The Authority has a list of approximately 350 Canadian officers who have been declared by a Canadian shipping company as meeting the requirements of section 12 of the Regulations. The amendments to the Regulations will come into force on July 1, 2011. During the planned transition period until December 31, 2012, the Authority will issue to these individuals a pilotage certificate.

Once this transition period is over, all Canadian officers wishing to navigate the compulsory pilotage areas in the region of the Authority will have to successfully complete the Great Lakes Marine Pilotage Certificate Training Program or pass a written and oral examination, which will be administered by the Authority. Candidates will need to demonstrate knowledge and competency in seven skill sets: creation of a passage plan, pilotage on lakes, pilotage in rivers, canal and lock manoeuvres, harbour manoeuvres, ice pilotage, and emergency manoeuvres.

The following amendments to the Regulations have been made:

Section 2 — The term and definition of “gross registered tons” is outdated and has been repealed and replaced by the term “gross tonnage” which has the meaning assigned by section 2 of the Canada Shipping Act, 2001.

Section 4 — Compulsory pilotage — This section sets out vessel size limits and types of vessels subject to compulsory pilotage areas. The section has been rewritten to make it easier to read and section 4.5 has been added to allow for a transition period between the current “exemption” regime and the new “certification” regime.

Section 5 — Waiving of compulsory pilotage — This section prescribes the circumstances under which compulsory pilotage may be waived. In subparagraph 5(1)(e)(i), the words “or a holder of a pilotage certificate for that compulsory pilotage area” have been added. This addition will allow a holder of a pilotage certificate to operate in what are called the “open waters”, which are the Canadian waters of lakes Ontario, Erie, Huron and Superior, other than the waters in the compulsory pilotage areas.

Section 8 — Exchange of pilots at Iroquois Lock — As a result of collective agreement negotiations, a ship that is under the conduct of a licensed pilot and is transiting International District No. 1 will now have to exchange pilots at Iroquois Lock if

  1. (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes, instead of 1 hour 16 minutes, to transit from Valleyfield Bridge to Calling-In Point No. 7; or
    (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes, instead of 3 hours and 56 minutes, to transit from Cape Vincent to Crossover Island.

Section 9 — Pilotage certificates — In order to ensure consistency between the English and French versions, the English version of section 9 has been reworded.

Section 10 — Apprenticeship — Section 10 has been modified to authorize the presence of an apprentice who is training for the new pilotage certificate on board a ship that is subject to compulsory pilotage.

Section 12 — Qualifications — Prescribes the qualifications that a holder of any class of licence or any pilotage certificate shall meet. To make it easier to understand the requirements for every applicant this section now reads as follows:

  1. (a) a licence (section 12): These requirements will remain the same. Only the name of the required training certificate has been updated as referred to in the Marine Personnel Regulations;
    (b) a pilotage certificate before January 1, 2013 (sections 12.1 and 12.2): These requirements will not be modified. Individuals who are already performing pilotage duties on Canadian-flagged ships subject to compulsory pilotage within the Great Lakes region and who meet the requirements of this section are grandfathered. The Authority will issue to them a pilotage certificate without their having to pass an oral exam in front of a board.
    (c) a pilotage certificate after December 31, 2012 (sections 12.3 and 12.4): The new requirements to obtain a pilotage certificate are similar to the current requirements. The significant amendment can be found in 12.3(c) and reads as follows:

“12.3 An applicant for a pilotage certificate who applies after December 31, 2012 shall

  1. (c) either
    1. (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties, or
      (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program”.

The Great Lakes Marine Pilotage Certificate Training Program is intended to develop the competencies needed to ensure the safe and efficient passage of a ship in the district, while protecting the marine environment. Competencies required to achieve this objective can be grouped in the following seven skill sets: passage plan, pilotage on lakes, pilotage in rivers, canal and lock manoeuvres, harbour manoeuvres, ice pilotage and emergency manoeuvres.

Section 13 — Examinations — This section identifies the areas of knowledge that an applicant must demonstrate at examination to obtain a licence, as mentioned in paragraph 12(1)(b), or a pilotage certificate as mentioned in paragraph 12.1(c) and in subparagraph12.3(c)(i). The areas of knowledge have been updated.

Section 14 —Board of Examiners — This section has been modified to better identify the members of the Board of Examiners in accordance with requirements to obtain a licence or a pilotage certificate. In the case of a licence, the Board of Examiners will consist of an officer of the Authority, two persons, each of whom holds a licence for that area, and a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area. In the case of a pilotage certificate, the Board of Examiners will consist of an officer of the Authority, two persons, each of whom holds a licence or a pilotage certificate for that area, and a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area.

Section 15(2) — Fees — This section fixes the fee for issuing a licence or a pilotage certificate at $250. This section has been modified to state that the fee for issuing a pilotage certificate will be $100 until December 31, 2012, and will be $250 thereafter.

Section 16 — Qualifications for holders of licences and pilotage certificates — This section has been renamed to “Maintaining Qualifications.” As the wording of this section is outdated, it has been slightly modified to better reflect its purposes.

Regulatory and non-regulatory options considered

Several factors, such as the complexity, history, economic and political nature of the current exemption system, have made resolving this issue problematic. Many studies, however, concluded that the present exemption regime does not ensure an acceptable level of safety for all vessels navigating in the compulsory pilotage areas.

Over the years, the Authority has increased its efforts to find an alternative solution that is acceptable to all key stakeholders. Several exchanges took place; none were fully successful, but recently all stakeholders appear to be working in the same direction.

Benefits and costs

The regulatory changes are all about enhancing safety and security measures for all Canadian vessels transiting in the Great Lakes area. It currently costs $250 for a Canadian master or deck watch officer to be designated to perform pilotage duties. The fee for the issuing of a Great Lakes pilotage certificate will be $100 until December 31, 2012, and $250 starting January 1, 2013.

It is expected that, until December 31, 2012, approximately 350 Canadian officers who are already performing pilotage duties on the Great Lakes will be grandfathered, meaning that the Authority will issue them a Great Lakes pilotage certificate. This will represent a one-time cost of $35,000 (over 18 months) to the shipping industry. Starting January 1, 2013, the Authority, in consultation with the Canadian Shipowners Association, expects to issue an average of 10 new Great Lakes pilotage certificates per year. Because the $250 fee is the same as the current fee, this will have no incremental cost to ship owners.

The training program for pilotage certificates issued under the new regime (after January 1, 2013) will be based on on-board training; the trainee will be trained on the job. There will be no cost to take the program, and therefore no extra cost for a shipping company. Because course materials have been developed by individuals already employed by the Authority, there will be no incremental cost to the Authority for the development of the program.

Once the amendments are fully implemented, the Authority will be assured that any person holding a pilotage certificate has demonstrated the seven core competencies. This will provide greater assurance to the Authority and to the general public that ships navigating the Great Lakes are able to do so in a manner that protects public safety and the environment.

The benefits to Canadian shipping companies are difficult to quantify. The latest statistics from the Transportation Safety Board show that annually, there is an average of 16 incidents involving Canadian ships. While many of these incidents are relatively minor, if a ship is not able to operate, the shipping company can lose around $20,000 per day. Any incidents that are avoided will result in benefits to the shipping industry.

Rationale

The regulatory amendments are in agreement with section 22 of the Pilotage Act, which allows a pilotage authority to issue a pilotage certificate if the authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area equivalent to that required of an applicant for a pilot licence for that area.

The amendments also allow the Authority to address a significant deficiency in the current system of exempting Canadian ships from compulsory pilotage as found in the Special Examination Report issued by the Office of the Auditor General in April 2008.

The amendments do not add ongoing administrative burden or extra cost to Canadian shipping companies, and all the Authority’s stakeholders support the amendments.

Consultation

There has been exhaustive consultation with all stakeholders regarding the issue; every interested party wishing to express an opinion has been given ample opportunity to do so.

Stakeholders, including the Canadian Shipowners Association (CSA), the Canadian Maritime Pilots Association, the Chamber of Marine Commerce, the Canadian Merchant Service Guild and other ship operators not represented by the CSA, attended several meetings held by the Authority in collaboration with Transport Canada, from February 2009 to November 2010.

The objective of these meetings was to discuss how to reach consensus among all the Authority’s stakeholders on how to resolve the issue raised by the Auditor General Special Report of April 2008 and put in place an effective mechanism to provide reasonable assurance that Canadian masters and deck watch officers have the competencies to ensure the safe passage of ships in compulsory pilotage areas.

Based on the participation and input throughout the consultation process, the Authority has determined that the marine industry is generally supportive of the modifications to the Regulations.

The proposed amendments were published in the Canada Gazette, Part I, on March 26, 2011, for a 30-day comment period. The following paragraphs explain the comments that were received from the CSA and how the Authority is addressing them:

Subparagraph 4.5(c)(iii) and paragraph 12.1(b)

The proposed amendments would have increased the one-way trips requirements completed in the capacity of a master or deck watch officer from 10 to 15. The CSA believes that this change would be inappropriate since the policy intent of these Regulations is to grandfather the current masters and deck watch officers with the requirements that are currently in place. The Authority agrees with the CSA that the requirements should not be increased as the spirit of the grandfathering clause would not be met. Current Canadian officers are now “exempt” from pilotage with 10 trips. The Authority is modifying the requirement to 10 one-way trips.

Paragraphs 12(1)(d), 12.1(e) and 12.3(e)

The proposed amendments would have required that training courses (e.g. SEN Level II, Bridge Resource Management) be current within five years of the candidate applying for a grandfathered pilotage certificate. CSA is of the opinion that the currency of the training should not be required and simply having attended these training courses should be sufficient for the grandfathering of the pilotage certificate. The Authority and Transport Canada agree with this and deleted the words “within the five years immediately preceding the date of the application” from paragraphs 12(1)(d), 12.1(e) and 12.3(e).

Paragraphs 12(1)(f), 12.1(g) and 12.3(g)

The CSA expressed that the requirement for a declaration of medical fitness within 90 days of application is deemed excessive and would place an unnecessary administrative and financial burden on ship operators. The General Pilotage Regulations do not demand a similar time constraint on applicants for a certificate or license and there does not appear to be any justification for this constraint. After further analysis, the Authority and Transport Canada agreed with the CSA’s comments and deleted the words “not more than 90 days before the receipt of the application by the Authority” in paragraphs 12(1)(f), 12.1(g) and 12.3(g).

The Authority consulted again with its stakeholders on the proposed amendments mentioned above. The CSA and other concerned stakeholders all support them.

Strategic environmental analysis

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals of 1999 and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment of these amendments was conducted in the form of a preliminary scan. The strategic environmental assessment concluded that the amendments are not likely to have important environmental effects.

Implementation, enforcement and service standards

Section 45 of the Act provides an enforcement mechanism for these Regulations in that a Pilotage Authority can inform a customs officer at any port in Canada to withhold clearance from any ship for which pilotage charges are outstanding and unpaid. Section 48 of the Act stipulates that every person who contravenes or fails to comply with the Act or Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000. These existing mechanisms are expected to be sufficient for the implementation and enforcement of the amendments.

Contact

Mr. R. F. Lemire
Chief Executive Officer
Great Lakes Pilotage Authority
P.O. Box 95
Cornwall, Ontario
K6H 5R9
Telephone: 613-933-2991
Fax: 613-932-3793

Footnote a
R.S., c. P-14

Footnote b
R.S., c. P-14

Footnote c
R.S., c. P-14

Footnote 1
C.R.C., c. 1266; SOR/2007-95