Canada Gazette, Part I, Volume 147, Number 46: Regulations Amending the Atlantic Pilotage Authority Regulations

November 16, 2013

Statutory authority

Pilotage Act

Sponsoring agency

Atlantic Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

Transport Canada recently amended the General Pilotage Regulations in order to align it with the terminology found in the Marine Personnel Regulations, which came into force on July 1, 2007. In order to comply with these changes, various sections of the Atlantic Pilotage Authority Regulations (the Regulations) have to be amended. Terminology has also changed in the Ship Station (Radio) Regulations, 1999, the Ship Station (Radio) Technical Regulations, 1999 and the Radiocommunication Act. All of these changes have led to required amendments in the Regulations.

The Atlantic Pilotage Authority (the Authority) faces challenges in the recruitment and training of pilots. Restrictions in the current Regulations limit the pool of possible candidates because of the decrease in mariners in the domestic Canadian fleet calling at compulsory ports within Atlantic Canada.

In some areas, it is necessary for a pilot to board an inbound vessel outside the compulsory pilotage area in order to be available on the bridge of a ship as it reaches the compulsory area. A change in the Regulations is required to ensure that the pilot licence is valid for the approaches to the compulsory area, from the boarding station to the compulsory area limit.

Background

The Authority is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic Provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d’Espoir.

In accordance with subsection 20(1) of the Pilotage Act, an Authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objectives. The Authority has examined the current Regulations and is making a number of adjustments to reflect changes in related regulations, to deal with challenges presented by external factors, and to clarify language and modernize terminology.

Objectives

The proposed amendments have the following objectives:

(1) Harmonize wording of the Regulations with the wording found in the General Pilotage Regulations.

(2) Address challenges faced in the recruitment and training of pilots.

(3) Improve safety through licence requirements and operational changes.

(4) Ensure fees collected offset administration and other costs incurred by the Authority for the examination and the issuance of a licence or certificate.

Description

The Authority is amending the Regulations in several areas to be consistent with the following:

Transport Canada’s amendments to the General Pilotage Regulations;
The terminology changes in the Canada Shipping Act, 2001;
The changes in the Ship Station (Radio) Regulations, 1999;
The changes in the Ship Station (Radio) Technical Regulations, 1999; and
The changes in the Radiocommunication Act.

For example, references to a “deck watch officer” were repealed or replaced with “the person in charge of the deck watch” as the term was removed from the General Pilotage Regulations. The names of the certificate of competency have been updated to reflect the new names of certificates found in the Marine Personnel Regulations (e.g. Master, Intermediate Voyage was updated to the new certificate of Master, Near Coastal; the Master, ship of not more than 350 tons, gross tonnage, has been replaced by a Master 500 gross tonnage, Near Coastal). Lastly, the term “Restricted Radiotelephone Operator’s certificate” was replaced with “Restricted Operator’s Certificate (ROC-MC)” to be current with new terminology.

The Authority is updating its Regulations to address challenges faced in the recruitment and training of pilots. Restrictions in the current Regulations limit the pool of possible candidates because of the decrease in mariners in the domestic Canadian fleet calling at compulsory ports within Atlantic Canada. The proposed amendments to the Regulations would allow additional options for an applicant to become familiar with the areas for which apprentice pilots are being recruited by changing the applicant screening process. These changes in the recruitment process and for licence holders would enhance the safety of the pilotage service by providing a larger pool of potential candidates, and by ensuring that licence holders maintain current local knowledge of areas for which they hold a licence.

The Authority has long had Regulations regarding the number of trips required in a compulsory pilotage area by pilotage certificate holders to maintain their certificate. However, there have been no similar requirements for holders of a pilotage licence. Amendments are being proposed that would establish this requirement for pilotage licence holders. The number of trips required for applicants and holders of licences or certificates have been reconciled so that the requirement for 12 trips in two years applies only to major ports. In addition, the Authority will have the ability to consider other options for licence holders to maintain their experience requirements where there is not sufficient traffic in their area.

In some areas, it is necessary for a pilot to board an inbound vessel outside the compulsory pilotage area in order to be available on the bridge of a ship as it reaches the compulsory pilotage area. The proposed amendments to the Regulations would ensure that the pilotage licence is valid for the approaches to the compulsory pilotage area, from the boarding station to the compulsory pilotage area limit.

The waiver provisions in the Regulations which allow the Authority to waive the requirement of compulsory pilotage are being updated to provide more flexibility, allowing the Authority to issue waivers for shorter periods of time. Additional types of operations in which waivers could be granted have been added, such as the construction of a wharf, pier, building or other infrastructure along a shoreline, movements of a barge provided that the barge does not move more than 100 m from a pier, wharf or shoreline, and offshore supply vessels while moving within 150 m of their operations base. These assignments do not pose significant risk to safety and may use a significant amount of the Authority’s resources in a port if a waiver cannot be granted. These resources are better utilized to provide the required service for industry for operations that pose a risk to safety. The Authority would be able to specify conditions with the issuance of waivers and have the ability to rescind a waiver where the conditions are not met. Similarly, the requirement for compulsory pilotage where there is a risk to navigational safety will be expanded to situations where that risk is a result of the operations being conducted by a ship that would not otherwise be subject to compulsory pilotage.

The proposed amendments provide clarity on the requirement for pilotage in a tug and tow situation. The current wording is not clear how the tonnage requirement applies to a tug and tow combination where there is only one unit being towed. The current wording allows for high tonnage or large single tows. The proposed amendments would specify that pilotage is required for all tug and tow situations if the tug exceeds 1 500 gross tons or if there is more than one unit being towed, and the combined tow exceeds 500 gross tons.

Pilotage has been provided at Pugwash for many years by local resident fishers. These local residents have proven to be competent pilots, and have gained the trust of the shipping industry and the local port users. However, the incumbents do not have the marine qualifications currently required under the General Pilotage Regulations and the Atlantic Pilotage Authority Regulations. The proposed amendments are intended to confirm the ability of a pilot to hold a licence for the Pugwash compulsory pilotage area where he or she has a certain number of trips within the area.

The Authority charges fees to an applicant for a licence and pilotage certificate for the examination and the issuance of the licence or certificate. These fees are intended to offset the administrative costs, travel costs, and examiners fees incurred by the Authority. These fees have not increased for a number of years and no longer offset the actual costs incurred. The Authority receives between $5,000 and $10,000 in total annually from these fees. These fees are expected to cover all processing and administration costs related to the preparation and offering of examinations as well as processing licences, certificates, and renewals. If left at the current rates, the costs associated with paying the examiners, the related travel costs for Authority employees, and administrative processing costs would not be covered. Given the need to provide a safe and efficient pilotage service, the Authority sees no other viable alternatives. The proposed increased charges will not represent a significant burden for the applicants, and will allow the Authority to offset the cost of these services.

“One-for-One” Rule

The proposed amendments would be considered an “OUT” under the Rule. These amendments are not expected to add any administrative burden on industry as the majority of the changes are terminology adjustments or recruitment and qualifications for licences and certificates. These items have very little to no impact on industry. Fees are being adjusted, but there is no change in the administrative burden.

There are changes that will affect pilotage requirements. Pilotage would be required in some rare instances where it currently is not, depending on the operations of the vessel. Even though this is an extra order agents will have to make, there will be no incremental administrative burden as these vessels and agents are already contacting Canso Traffic and are already arranging pilotage for the larger vessels for each of these operations. Putting in the additional order for the smaller vessels would not create a measurable increase in administrative burden.

The reduction in administrative burden is due to the flexibility the Authority would have to offer waivers for specific operations not deemed to pose significant risk. These waivers would allow vessels to move within the designated area for a designated period of time without requiring a pilot. It is estimated that this waiver would cover, on average, approximately 200 movements (which would either require a pilot or submission of a waiver request). Each vessel would not have to make the request for each movement and would create a net burden reduction. The formula is as follows:

Net Burden Reduction = [1 operation requesting blanket waiver × 0.5 hours × $30/hour] – [200 movements × 0.5 hours per request × $30 per hour]

On average, the Authority may get this type of request once every two years, and using the Treasury Board Secretariat Regulatory Cost Calculator, it was estimated that this would result in annualized average reduction in administrative burden of $1,744.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or significant costs) to small business.

Consultation

Consultation in various forms has taken place with the parties affected by these proposed amendments. Stakeholders in each of the major ports (Halifax, Saint John, Cape Breton, and Southeastern Newfoundland and Labrador) as well as the Shipping Federation of Canada, the Canadian Shipowners Association, and Canadian Marine Pilots’ Association were sent the amendments for comment. Representatives from the pilots were consulted extensively on each proposed regulation change and the possible effects of each. In each of these meetings, operational issues and alternatives were discussed, and as a result, several amendments were made to the proposal. The response from the stakeholders has been positive, with every indication that the changes are seen as reasonable and necessary.

Rationale

The changes in language and references to align the Regulations with the General Pilotage Regulations are required to ensure consistency in numerous sections. Increasing relevance and readability also applies to the changes made to modernize language to match updated references in the Canada Shipping Act, 2001, the Ship Station (Radio) Regulations, 1999, the Ship Station (Radio) Technical Regulations, 1999 and the Radiocommunication Act.

These updated regulations are expected to open up a wider pool of potential pilot recruits by allowing applicants more options on how they become familiar with the areas and by making changes to the applicant screening process. There will also be more options for holders of pilotage licences to maintain the number of required trips in areas where there is declining or intermittent traffic. In order for the Authority to be able to provide qualified pilots in these areas, it is important that there are as many tools as possible available for training and familiarization. These changes in the recruitment process and for licence holders will not affect the safety or efficiency of the pilotage service, as there would be a requirement to complete a familiarity program established by the Authority. The status quo in these areas would have left the Authority in a situation where it is getting more difficult to recruit qualified and suitable mariners to be pilots.

The Authority is also addressing a disparity in the requirements for licence holders and holders of a pilotage certificate. The proposed regulation changes mitigate these concerns. The Authority has had Regulations that specified the number of trips required in a compulsory pilotage area by pilotage certificate holders to maintain their certificate. There is not a similar requirement for holders of a pilotage licence. These amendments would establish this requirement for pilotage licence holders so that holders of licences or certificates would require the same number of trips to keep their qualifications active. For areas where there may not be sufficient traffic to meet this requirement, the Authority will have the ability to consider other options for licence holders to maintain their experience.

For areas, like Halifax, where course adjustments are needed as soon as a vessel enters a pilotage area or where it may be a safer pilot transfer outside of the designated pilotage zone, safety is enhanced by having the pilot board an inbound vessel at a boarding station outside of the compulsory pilotage area. The proposed changes to the Regulations would allow the pilot licence or certificate to cover the approaches to the boarding station in addition to the actual pilotage zone. This change would enhance safety in some areas by providing time to allow pilots to be on the bridge and discuss passage plans with the master of a vessel before entering the compulsory area.

In performing its duties, the Authority charges fees to an applicant for a licence intended to cover the costs of the examination and for the licence issuance. Similar fees are also charged to applicants for pilotage certificates. The fees for a licence will increase from $250 to write the examination and $250 for the issuance of a license to $500 for each. For the applicants for a pilotage certificate, the fees would increase from $1,000 to write the examination and $250 for the issuance of the certificate to $2,000 and $500 respectively. The fee for the renewal of the certificate would increase from $250 to $500 payable every two years. The Authority, on average, has three people annually who write for a licence and two who write for a certificate.

The fee increases in these Regulations will provide an additional $5,000 to $10,000 annually to cover the costs of these services. These fees are expected to cover all processing and administration costs related to the preparation and offering of examinations as well as processing licences, certificates, and renewals. If left at the current rates, the costs associated with paying the examiners, the related travel costs for Authority employees, and administrative processing costs would not be covered. Given the need to provide a safe and efficient pilotage service, the Authority sees no other viable alternatives.

These proposed amendments will not increase costs for the Authority and will have a minimal cost to industry. The changes will provide a clearer understanding of the Regulations for all parties, while providing the Authority some benefits to help meet its mandate to establish, operate, maintain and administer, in the interest of safety, an efficient pilotage service.

During the process to develop these regulation changes, the Authority consulted with various stakeholders, including Transport Canada, pilot representatives and representatives of industry. Any concerns that were raised during consultation have been addressed.

Implementation, enforcement and service standards

Section 47 of the Pilotage Act provides that, except where an Authority waives compulsory pilotage, the owner, the master or the person in charge of a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is guilty of an offence.

Section 48 of the Pilotage Act stipulates that every person who fails to comply with the Act or the Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

Contact

Captain R. A. McGuinness
Chief Executive Officer
Atlantic Pilotage Authority
Cogswell Tower, Suite 910
2000 Barrington Street
Halifax, Nova Scotia
B3J 3K1
Telephone: 902-426-2550
Fax: 902-426-4004

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), that the Atlantic Pilotage Authority, pursuant to subsection 20(1) of that Act, proposes to make the annexed Regulations Amending the Atlantic Pilotage Authority 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 with the Minister of Transport 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).

Halifax, October 30, 2013

CAPTAIN R. A. MCGUINNESS
Chief Executive Officer
Atlantic Pilotage Authority

REGULATIONS AMENDING THE ATLANTIC PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. (1) The definition “deck watch officer” in section 2 of the Atlantic Pilotage Authority Regulations (see footnote 1) is repealed.

(2) The definition “gross tons” in section 2 of the Regulations is replaced by the following:

“gross tons” means gross tonnage as defined in section 2 of the Canada Shipping Act, 2001; (jauge brute)

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

“person in charge of the deck watch” means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes him or her to do so; (personne chargée du quart à la passerelle)

2. (1) Paragraph 4(1)(d) of the Regulations is replaced by the following:

(d) any combination of tug and tow in which
- (i) the combined gross tonnage exceeds 1,500 gross tons, or
- (ii) more than one unit is being towed and the combined gross tonnage exceeds 500 gross tons;

(2) Paragraph 4(2)(d) of the Regulations is replaced by the following:

(d) ferries that are operating on a regular schedule between two terminals and that are crewed by masters and persons in charge of the deck watch who
- (i) are regular members of their ferry’s complement, and
- (ii) hold certificates of competency under the Marine Personnel Regulations;

(3) Paragraph 4(2)(f) of the Regulations is replaced by the following:

(f) tugs of 500 gross tons or less that are not registered in Canada and that are crewed by masters and persons in charge of the deck watch who
- (i) are regular members of their tug’s complement, and
- (ii) hold certificates of competency under the Marine Personnel Regulations.

(4) Subsection 4(2.1) of the Regulations is replaced by the following:

(2.1) Despite subsection (1), a ship that is 225.5 m (739.83 ft.) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part Ⅲ of the schedule (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

(5) Subsection 4(3) of the Regulations is replaced by the following:

(3) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 3 if the Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

(a) the seaworthiness of the ship;
(b) unusual conditions on board the ship;
(c) operations being conducted by the ship; or
(d) weather conditions, tides, currents or ice.

3. Section 5 of the Regulations is replaced by the following:

BOARDING STATIONS

5. If a boarding station is within a compulsory pilotage area, the Authority may waive compulsory pilotage in respect of the ship in either of the following circumstances:

(a) the ship is entering the compulsory pilotage area to embark a licensed pilot at the boarding station; or
(b) the ship is leaving the compulsory pilotage area after it has disembarked a licensed pilot at the boarding station.

URGENT CIRCUMSTANCES

5.1 The Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

(a) the ship is engaged in rescue operations;
(b) the ship is entering a compulsory pilotage area for refuge;
(c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or
(d) the ship is in distress.

UNAVAILABILITY OF PILOTS

5.2 (1) Subject to subsection (2), the Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

(a) no licensed pilot is available to perform pilotage duties; or
(b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

(2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 6 to 8 and the application for waiver contains the following information:

(a) the name, nationality, call sign, draught and gross tonnage of the ship;
(b) the immediate and ultimate destinations of the ship within the compulsory pilotage area;
(c) the nature of any cargo on board the ship;
(d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and
(e) whether the master of the ship is prepared to proceed without the services of a pilot.

EXTENDED WAIVERS

5.3 (1) If safe navigation will not be impeded, the Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

(a) the ship is necessary for carrying out
- (i) dredging work,
- (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities,
- (iii) other underwater engineering work,
- (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or
- (v) work related to any work or operations set out in subparagraphs (i) to (iv);
(b) the ship is engaged in salvage operations;
(c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or
(d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base.

(2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

(3) A waiver under this section shall be issued in writing.

(4) If safe navigation will not be impeded, the Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

CONDITIONS AND RESCISSIONS

5.4 The Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation.

5.5 The Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if

(a) a condition of the waiver is not met; or
(b) the operations of the ship impede safe navigation.

4. Section 12 of the Regulations is replaced by the following:

12. A licence or pilotage certificate that is issued by the Authority for a compulsory pilotage area, and that has the name of that area endorsed on it, permits its holder to perform pilotage duties only in that area and in any approach to or from a boarding station for that area that is located outside of it.

5. The heading before section 14 and sections 14 and 15 of the Regulations are replaced by the following:

QUALIFICATIONS

GENERAL QUALIFICATIONS

14. (1) In addition to meeting the navigational and health qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate shall

(a) hold a Restricted Operator’s Certificate (ROC-MC);
(b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;
(c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements of the General Pilotage Regulations;
(d) be able to speak and write English to the extent necessary to carry out pilotage duties;
(e) have local knowledge of each pilotage area in which he or she intends to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;
(f) have up-to-date knowledge of the harbour and other marine regulations that apply in each pilotage area in which he or she intends to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations, the Act and the regulations made under it; and
(g) have a record of safe ship handling and navigation.

(2) The holder of a licence or pilotage certificate shall

(a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;
(b) continue to meet the qualifications prescribed by paragraphs (1)(d) to (g); and
(c) continue to hold every certificate that he or she was required to hold in order to obtain the licence or pilotage certificate.

EXPERIENCE AT SEA — APPLICANTS

14.1 (1) In addition to meeting the experience at sea qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application,

(a) have served on voyages in the compulsory pilotage area for
- (i) at least 18 months as master,
- (ii) at least one year as the person in charge of the deck watch and at least one year as master, or
- (iii) at least three years as the person in charge of the deck watch; or
(b) have completed in the compulsory pilotage area
- (i) at least 30 one-way trips as master,
- (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or
- (iii) at least 60 one-way trips as the person in charge of the deck watch.

(2) Instead of meeting the additional experience at sea qualifications prescribed by subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarity program that is established by the Authority and provides an equivalent degree of experience.

14.2 (1) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship:

(a) the Saint John compulsory pilotage area in New Brunswick;
(b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and
(c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

(2) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship.

(3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if

(a) the applicant submits the application within the six-month period after the day on which the area was established as a compulsory pilotage area; and
(b) the applicant provides the Board of Examiners with documents establishing that, within the five-year period before the day on which the area was established as a compulsory pilotage area, the applicant was in the area while being on the bridge of a ship that is subject to compulsory pilotage under section 4.

EXPERIENCE AT SEA — HOLDERS

14.3 (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

(a) the Saint John compulsory pilotage area in New Brunswick;
(b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and
(c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

(2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

(3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if

(a) the Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the prescribed number of trips within the prescribed period;
(b) the holder completes a familiarity program established by the Authority; and
(c) the holder demonstrates to the Authority that, within the prescribed period, he or she has gained experience equivalent to the number of trips prescribed for that area.

14.4 (1) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

(a) the Saint John compulsory pilotage area in New Brunswick;
(b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and
(c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

(2) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

14.5 The holder of a licence or a pilotage certificate shall, on request, provide the Authority with documents confirming that the holder meets, as applicable, the requirements of sections 14.3 and 14.4.

LICENCES FOR NON-COMPULSORY PILOTAGE AREAS

15. Subsection 14(1) does not apply in respect of an applicant for a licence for a non-compulsory pilotage area if the applicant is the holder of a licence for a compulsory pilotage area.

CONVICTIONS UNDER THE ACT OR THE CRIMINAL CODE

6. (1) Subsection 17(1) of the Regulations is replaced by the following:

17. (1) For the purpose of determining whether an applicant for a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the applicant to a Board of Examiners for an examination.

(1.1) For the purpose of determining whether the holder of a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the holder to a Board of Examiners for an examination.

(2) Subsection 17(3) of the Regulations is replaced by the following:

(3) Subject to subsections (3.1) and (3.2), a Board of Examiners shall be appointed by the Authority and shall consist of one representative of the Authority, who shall be the Chairperson of the Board, and the following additional examiners:

(a) for an examination respecting a compulsory pilotage area, two pilots who are both licensed for that area; and
(b) for an examination respecting a non-compulsory pilotage area, one pilot who is licensed for that area.

(3.1) An additional examiner for an examination respecting a compulsory pilotage area may be replaced as follows:

(a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgeable about that area but is licensed for another compulsory pilotage area; and
(b) if a replacement examiner described in paragraph (a) is unavailable, he or she may be replaced by a pilot who is knowledgeable about a compulsory pilotage area that has similar navigational characteristics to the compulsory pilotage area in question but is licensed for another compulsory pilotage area.

(3.2) The additional examiner for an examination respecting a non-compulsory pilotage area may be replaced as follows:

(a) if a pilot who is licensed for the non-compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgeable about that area but is licensed for any other pilotage area; and
(b) if a replacement examiner described in paragraph (a) is unavailable, he or she may be replaced by a pilot who is knowledgeable about a pilotage area that has similar navigational characteristics to the non-compulsory pilotage area in question but is licensed for any other pilotage area.

7. Section 18 of the Regulations is replaced by the following:

18. An applicant for a licence or a pilotage certificate shall, not less than 14 days and not more than 60 days before the date of the examination, provide the Authority with

(a) documents establishing that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;
(b) a birth certificate or other official document showing the date and place of birth of the applicant;
(c) documents establishing the navigational qualifications of the applicant;
(d) documents confirming, in the case of an applicant for a pilotage certificate, that he or she meets the experience at sea qualifications prescribed by sections 14.1 and 14.2;
(e) a written report of the results of the medical examination referred to in section 4 of the General Pilotage Regulations; and
(f) a letter of recommendation that includes information about the applicant’s history of ship handling and navigation from
- (i) the applicant’s most recent employer, if the applicant was employed by that employer for more than two years, or
- (ii) each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years.

8. (1) Paragraph 19(a) of the Regulations is replaced by the following:

(a) local knowledge of the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including knowledge of tides, currents, depths of water, anchorages, aids to navigation and the marine traffic regulating system;

(2) Paragraph 19(c) of the Regulations is replaced by the following:

(c) knowledge of the harbour and other marine regulations that apply in the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including, insofar as they apply in that pilotage area, knowledge of the Collision Regulations, the Act and the regulations made under it;

9. Section 21 of the Regulations is replaced by the following:

21. (1) The fees payable to the Authority by an applicant for a licence are

(a) $500 for the examination; and
(b) $500 for the issue of the licence.

(2) The fees payable to the Authority by an applicant for a pilotage certificate are

(a) $2,000 for the examination; and
(b) $500 for the issue of the pilotage certificate.

(3) The fee payable to the Authority by the holder of a pilotage certificate is $500 in respect of each compulsory pilotage area endorsed on the certificate for each period of two years after the year in which the certificate is issued.

10. Sections 23 and 24 of the Regulations are replaced by the following:

23. If a licence or a pilotage certificate is suspended by the Authority under paragraph 27(4)(b) of the Act, the holder of the licence or pilotage certificate shall, if he or she wishes to have the licence or certificate reinstated, take further training that will enable him or her to continue to meet the qualifications prescribed by paragraphs 14(1)(e) to (g) of these Regulations.

24. If the holder of a pilotage certificate for a pilotage area is unable to meet the applicable qualification prescribed by section 14.4, he or she shall take further training to ensure that his or her knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification.

11. The heading before section 25 of the Regulations is replaced by the following:

SHIPPING INCIDENT

12. The English version of the Regulations is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) subsection 17(4); and
(b) subsection 20(1).

COMING INTO FORCE

13. These Regulations come into force on the day on which they are published in Part II of the Canada Gazette.

[46-1-o]

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