Vol. 148, No. 22 — October 22, 2014
SOR/2014-234 October 10, 2014
Order Approving the Proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations
Whereas the Laurentian Pilotage Authority, pursuant to subsections 20(3) and 34(1) (see footnote a) of the Pilotage Act (see footnote b), published a copy of the proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations in the Canada Gazette, Part I, on December 10, 2011;
Whereas notices of objection to the proposed Regulations were filed with the Minister of Transport pursuant to subsection 21(1) of that Act;
Whereas, pursuant to subsection 21(2) of that Act, an investigation has been made of the proposed Regulations, including consultations with interested parties;
And whereas, pursuant to subsection 21(4) of that Act, the person appointed to make the investigation has sent a report to the Minister of Transport;
Therefore, the Minister of Transport, pursuant to subsection 21(4) of the Pilotage Act (see footnote c), makes the annexed Order Approving the Proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations.
Ottawa, October 7, 2014
Minister of Transport
ORDER APPROVING THE PROPOSED REGULATIONS REPEALING THE LAURENTIAN PILOTAGE AUTHORITY DISTRICT NO. 3 REGULATIONS
1. The proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations, as published in the Canada Gazette, Part I, on December 10, 2011, are approved.
COMING INTO FORCE
2. This Order comes into force on the day on which it is made.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
The Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations were prepublished in the Canada Gazette, Part I, on December 10, 2011. Pursuant to subsection 21(1) of the Pilotage Act (the Act), three representations and three notices of objection were filed.
On June 4, 2012, Me Caroline Desbiens was appointed by the Minister of Transport to investigate the regulatory proposal of the Laurentian Pilotage Authority (the Authority), pursuant to subsection 21(2) of the Act.
Taking into account subsection 21(1) and paragraph 20(1)(f) of the Act, the Minister of Transport decided that the investigation would consist of a review of and a report on the replies received from objectors to the following question:
“Please say how it would not be in the public interest, with respect to the qualifications required of applicants for a pilot’s licence in District No. 3, to repeal the Laurentian Pilotage Authority District No. 3 Regulations, given they do not apply in the ports of Baie-Comeau, Sept-Îles, Port-Cartier and Havre-Saint-Pierre, to which the notices of objection refer”.
As indicated in subsection 21(4) of the Act, on completion of the investigation, the person conducting it shall send a report to the Minister, who may, by order, approve, amend or disapprove the proposed regulations, either in accordance with the report or otherwise, and the Authority shall make the regulations accordingly.
The Authority is a Crown corporation whose objective is to establish, operate, maintain and administer, in the interest of safety, an efficient pilotage service in all Canadian waters in and around the province of Quebec except the St. Lawrence Seaway and Chaleur Bay. Accordingly, it establishes the pilotage areas where these services are offered. District No. 3 is a non-compulsory pilotage area located between Les Escoumins and the Gulf of St. Lawrence.
The Laurentian Pilotage Authority District No. 3 Regulations (the Regulations) are no longer applicable and have not been of practical use for many years. In view of this, the Standing Joint Committee for the Scrutiny of Regulations asked the Authority to consider the Regulations.
In response to the Standing Joint Committee for the Scrutiny of Regulations, the Authority decided to repeal the Regulations.
Pursuant to subsection 21(4) of the Act, the Minister of Transport has decided to approve the proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations, as published in the Canada Gazette, Part I, on December 10, 2011, which will be made by the Authority at a later date and will be accompanied by a subsequent Regulatory Impact Analysis Statement.
The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this amendment.
The three notices of objection concern the following matters:
- 1. Basic irregularity of the decision made by the Board of Directors of the Laurentian Pilotage Authority;
- 2. Lack of any regulatory consultation process; and
- 3. Safety of navigation.
After analysis of the facts of items 1 and 2, that is basic irregularity of the decision made by the Board of Directors of the Laurentian Pilotage Authority and the lack of any regulatory consultation process, the Department found no irregularities in the decision of the Board of Directors of the Laurentian Pilotage Authority since the 30-day period of publication in the Canada Gazette, Part I, is part of the consultation process. It is this stage of the consultation process that has allowed the relevant associations to file notices of objection and thus initiate the investigation.
Port pilotage in a district where pilotage is not compulsory
Item 3, safety of navigation, was subject to Me Desbiens’ investigation. The argument concerning this item focused on the port of Sept-Îles and the ports where there are regular private pilotage services. This is why the question submitted by the Minister was intended to get answers about the impact of repealing the Regulations on the public interest as “the Regulations does not apply in a port or harbour where any pilotage service exist,” as described in subsection 3(2) of the Regulations. Repealing the Regulations therefore would not change the situation in the ports where there are any pilotage services, and the argument relating to these ports is not relevant for the purposes of the investigation.
It should be noted that, while pilotage is not compulsory in District No. 3, the Sept-Îles Port Authority included the services of a pilot and tugs as compulsory for all vessels during berthing or unberthing at docks under the Port’s authority in its “Practices and Procedures” established under paragraph 56(1)(b) of the Canada Marine Act. The same requirement applies in the ports of Havre-Saint-Pierre, Port-Cartier and Baie-Comeau. It should be noted also that the terminals established in the ports of Baie-Comeau, Port-Cartier and Havre-Saint-Pierre have a requirement in their procedures that a pilot be on board vessels during berthing or unberthing. Also, it seems that this requirement has led the ports of Matane, Gaspé, Rimouski, Cap-aux-Meules and Les Méchins to develop pilotage services.
Ice advisor and licensed pilot
As the Regulations and the Atlantic Pilotage Authority Non-compulsory Area Regulations were jointly established in response to requests for assistance to shipping during the winter months, when ice enters the Gulf of St. Lawrence and navigation becomes difficult, Me Desbiens saw fit to investigate this aspect of the safety of navigation.
Following her research, Me Desbiens took the view that, under current circumstances, the objectors showed that it is not in the public interest to repeal the Regulations. She recommends amending them, as the Atlantic Pilotage Authority did, so that the Laurentian Pilotage Authority alone can issue licences for District No. 3 to minimize the risk of accidents mainly for ice navigation.
In light of Me Desbiens’ report, the Department is not persuaded that the Regulations are needed in order to assist with navigation through ice for the following reason:
There are a variety of icebreaking and support services available to ships transiting Canadian ice-covered waters in this area. Canadian Coast Guard Ice Operations Centres are in operation seasonally as ice conditions dictate. These Centers work in conjunction with Marine Communications and Traffic Services Centers to provide up-to-date ice information, to suggest routes for ships to follow through or around ice, and to coordinate icebreaker assistance to shipping.
The Canadian Coast Guard and Transport Canada have published guidelines for ice-covered waters in Southern Canada, including TP 15163 Joint Industry — Government Guidelines for the Control of Oil Tankers and Bulk Chemical Carriers in Ice Control Zones of Eastern Canada, which recognizes the need to provide ice advice in certain areas of Eastern Canada in order to assist oil and chemical tankers at certain times of the year.
Thus, a licensed pilot can be an ice advisor, but an ice advisor is not necessarily a licensed pilot.
Considering all these aspects, the Minister has decided to approve the proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations.
Pilotage and Policy
Marine Personnel Standards and Pilotage
Marine Security and Safety
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