Vol. 145, No. 13 — March 26, 2011

ARCHIVED — Regulations Amending the Great Lakes Pilotage Regulations

Statutory authority

Pilotage Act

Sponsoring agency

Great Lakes Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

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 that “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 2000–2006. Moreover, most 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 this regulatory proposal 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 proposed 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.

Proposed amendments to the Regulations would 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 would be required to hold a valid pilotage certificate, which would 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. Subject to Governor in Council approval, the proposed amendments to the Regulations would come into force on July 1, 2011. During the planned transition period until December 31, 2012, the Authority would 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 would have to successfully complete the Great Lakes Marine Pilotage Certificate Training Program or pass a written and oral examination, which would be administered by the Authority. Candidates would 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.

To reach its objective, the Authority is proposing the following changes to the Regulations:

Section 2 — The term and definition of “gross registered tons” is outdated and would be 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 would be rewritten to make it easier to read and section 4.5 would be added to allow for a transition period between the current “exemption” regime and the proposed “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” would be added. This addition would 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, it is proposed that a ship that is under the conduct of a licensed pilot and is transiting International District No. 1 would now have to exchange pilots at Iroquois Lock if

(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 concurrence between the English and French versions, the English version of section 9 would be reworded.

Section 10 — Apprenticeship — Section 10 would be 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 could be read as follows:

(a) a licence (section 12): These requirements would remain the same. Only the name of the required training certificate would be 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 would 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 would be grandfathered. The Authority would issue to them a pilotage certificate without 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 proposed new requirements to obtain a pilotage certificate are similar to the current requirements. The significant proposed amendment can be found in paragraph 12.3(c) and reads as follows:

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

(c) either

(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 subparagraph 12.3(c)(i). The areas of knowledge would be updated.

Section 14 — Board of Examiners — This section would be modified to better determine 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 would 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 for the area but is knowledgeable about the area. In the case of a pilotage certificate, the Board of Examiners would 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 for the area but is knowledgeable about the area.

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

Section 16 — Qualifications for holders of licences and pilotage certificates — This section would be renamed to “Maintaining Qualifications.” As the wording of this section is outdated, it would be 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 proposed 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 proposed fee for the issuing of a Great Lakes pilotage certificate would 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 would be grandfathered, meaning that the Authority would issue them a Great Lakes pilotage certificate. This would 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 would have no incremental cost to ship owners.

The training program for pilotage certificates issued under the new regime (after January 1, 2013) would be based on on-board training; the trainee would be trained on the job. There would 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 would be no incremental cost to the Authority for the development of the program.

Once the proposed amendments are fully implemented, the Authority would be assured that any person holding a pilotage certificate has demonstrated the seven core competencies. This would 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 would result in benefits to the shipping industry.

Rationale

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

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 proposed modifications to the Regulations.

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 proposed 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 proposed 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

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), that the Great Lakes Pilotage Authority, pursuant to subsections 20(1) and (2) of that Act, proposes to make the annexed Regulations Amending the Great Lakes Pilotage Regulations.

Interested persons who have reason to believe that a provision of the proposed Regulations that establishes a compulsory pilotage area or that prescribes the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet is not in the public interest may, pursuant to subsection 21(1) of the Pilotage Act (see footnote b), file a notice of objection setting out the grounds for the objection within 30 days after the date of publication of this notice. In addition, interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice.

Each notice of objection or representation must be clearly marked as a notice of objection or representation, cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Julie Bédard, Manager, Pilotage and Policy, Marine Personnel Standards and Pilotage, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 8th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-993-9706; fax: 613-990-1538; email: julie.bedard@tc.gc.ca).

Cornwall, March 9, 2011

ROBERT F. LEMIRE
Chief Executive Officer
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:

(a) a ship of more than 1 500 gross tonnage; and

(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

(a) the ship’s seaworthiness;

(b) exceptional conditions on board the ship; or

(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

(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

(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

(a) is not engaged in towing or pushing another ship or object;

(b) is engaged in towing or pushing a ship that is less than 80 m in length; or

(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

(a) the ship’s seaworthiness;

(b) exceptional conditions on board the ship; or

(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

(a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

(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

(a) has an inspection certificate issued by the Minister of Transport under section 10 of the Vessel Certificates Regulations;

(b) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

(c) is under the conduct of a master or deck watch officer who

(i) is a regular member of the complement of the ship,

(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

(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 15 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:

(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:

(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

(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

(a) the holder is a regular member of the complement of the ship; and

(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

(a) a Canadian ship of more than 1 500 gross tonnage; or

(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

(a) have the sea service described in section 12 of the General Pilotage Regulations;

(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;

(c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

(d) hold training certificates showing that the applicant has, within the five years immediately preceding the date of the application, successfully completed

(i) SEN Level II, as referred to in the Marine Personnel Regulations, or a refresher training course in that subject, and

(ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

(e) demonstrate professional conduct;

(f) have been declared, not more than 90 days before the receipt of the application by the Authority, fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

(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

(a) have the sea service described in section 12 of the General Pilotage Regulations;

(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;

(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;

(d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

(e) hold training certificates showing that the applicant has, within the five years immediately preceding the date of the application, successfully completed

(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

(ii) SEN Level II, as referred to in the Marine Personnel Regulations, or a refresher training course in that subject;

(f) demonstrate professional conduct;

(g) have been declared, not more than 90 days before the receipt of the application by the Authority, fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

(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:

(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;

(b) that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;

(c) the applicant’s age; and

(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:

(a) proof that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;

(b) proof of the applicant’s sea service;

(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;

(d) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

(e) a photocopy of each training certificate required under paragraph 12.1(e);

(f) a photocopy of each certificate of competency that the applicant holds; and

(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

(a) have the sea service described in section 12 of the General Pilotage Regulations;

(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;

(c) either

(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;

(d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

(e) hold training certificates showing that the applicant has, within the five years immediately preceding the date of the application, successfully completed

(i) SEN Level II, as referred to in the Marine Personnel Regulations, or a refresher training course in that subject, and

(ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

(f) demonstrate professional conduct;

(g) have been declared, not more than 90 days before the receipt of the application by the Authority, fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

(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

(a) proof that the applicant is a Canadian citizen or is a permanent resident as described in paragraph 22(2)(b) of the Act;

(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;

(c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

(d) a photocopy of each training certificate required under paragraph 12.3(e);

(e) a photocopy of each certificate of competency that the applicant holds; and

(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:

(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;

(b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties;

(c) the relevant parts of the Act and the regulations made under it;

(d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics;

(e) the practical use of all shipboard navigational instruments;

(f) the duties, responsibilities and obligations of a pilot; and

(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:

(a) two persons, each of whom holds a licence for the area; and

(b) a person who does not hold a licence for the area but is knowledgeable about the area and holds

(i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

(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:

(a) two persons, each of whom holds a licence or a pilotage certificate for the area; and

(b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds

(i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

(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

(a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;

(b) maintains and, if possible, improves his or her competence with respect to pilotage duties;

(c) holds valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the licence;

(d) maintains valid training certificates, if they were required for the issuance of the licence; and

(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

(a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;

(b) maintains and, if possible, improves his or her competence with respect to pilotage duties;

(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;

(d) maintains valid training certificates, if they were required for the issuance of the pilotage certificate; and

(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

(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 the day on which they are registered.

[13-1-o]

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

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

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