Regulations Amending the General Pilotage Regulations: SOR/2022-114

Canada Gazette, Part II, Volume 156, Number 12

Registration
SOR/2022-114 May 20, 2022

PILOTAGE ACT
BUDGET IMPLEMENTATION ACT, 2019, NO. 1

P.C. 2022-532 May 19, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the General Pilotage Regulations under section 52footnote a of the Pilotage Act footnote b and section 265 of the Budget Implementation Act, 2019, No. 1 footnote c.

Regulations Amending the General Pilotage Regulations

Amendments

1 Section 1 of the General Pilotage Regulations footnote 1 is amended by adding the following in alphabetical order:

arrangement of ships
means a number of ships travelling together that are joined by lines or other means. (ensemble de navires)
gross tonnage
has the same meaning as in section 2 of the Canada Shipping Act, 2001. (jauge brute)
pleasure craft
has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

2 The heading “Licences and Pilotage Certificates” before section 2 of the Regulations is replaced by the following:

Licences and Pilotage Certificates — General

3 Section 6 of the Regulations is replaced by the following:

6 (1) The Minister may at any time require a medical re-examination if

(2) An applicant or holder who has reasonable grounds to believe that they are no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Minister and request a medical re-examination.

4 Subsection 7(4) of the Regulations is replaced by the following:

(4) The physician appointed by the Minister shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

5 Subsections 10(2) and (3) of the Regulations are replaced by the following:

(3) Despite subsection (1), an applicant for a pilotage certificate who intends to perform pilotage duties in a compulsory pilotage area in the region of the Great Lakes Pilotage Authority may hold a Watchkeeping Mate certificate of competency or a Watchkeeping Mate, Near Coastal certificate of competency instead of a certificate of competency set out in column 2 of item 18 of the table to subsection (1).

6 Sections 14 to 29 of the Regulations are replaced by the following:

14 (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the Minister the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm × 70 mm, that was taken within the previous six months.

(2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the Minister shall affix the photograph to the licence or pilotage certificate and return it to the holder.

[15 to 21 reserved]

PART 2
Pilotage Authority Regions

DIVISION 1

Atlantic Pilotage Authority Region
Interpretation

22 This Division sets out the provisions applicable to the Atlantic Pilotage Authority’s region that are in addition to the ones set out in Part 1.

22.1 The following definitions apply in this Division.

Board of Examiners
means the persons appointed under subsection 22.28(4) to conduct examinations for any class of licence or pilotage certificate. (jury d’examen)
movage
means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. (déplacement)
offshore supply vessel
means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations. (navire ravitailleur au large)
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 them to do so. (personne chargée du quart à la passerelle)
pilot dispatch office
means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners, published by the Canadian Coast Guard. (bureau d’affectation des pilotes)
Compulsory Pilotage Areas

22.2 The areas described in Schedule 2 are established as compulsory pilotage areas within the Atlantic Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage

22.3 (1) The following ships and classes of ships are subject to compulsory pilotage within the areas referred to in section 22.2:

(2) Despite subsection (1), the following ships and classes of ships are not subject to compulsory pilotage within the areas referred to in section 22.2:

(3) 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 3 of Schedule 2 (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

(4) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage within the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 if

(5) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage while within the specified part of the Halifax compulsory pilotage area if the ship or vessel

(6) For the purposes of subsection (5), the specified part in respect of the Halifax compulsory pilotage area is that part of the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 that lies between a line commencing at a point at Latitude 44°39′15″N., Longitude 63°34′44″W., thence on a bearing of 063° (True) for a distance of 640 m, thence on a bearing of 335° (True) to shore, and a line commencing at a point at Latitude 44°39′50″N., Longitude 63°35′30″W., thence on a bearing of 063° (True) for a distance of 380 m, and thence on a bearing of 335° (True) to shore.

(7) Despite subsection (1), a ship that is less than 15,000 gross tonnage is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part 2 of Schedule 2 (Zone A, Outer).

(8) 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 22.2 if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

Extension of the Saint John Compulsory Pilotage Area for Tankers and Liquid Natural Gas Carriers

22.4 (1) For the purposes of section 22.5, the following area within the region of the Atlantic Pilotage Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part 1 of Schedule 2 plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W.

(2) For the purposes of sections 22.5 and 22.6, Canaport marine facilities means the Canaport marine facilities — both offshore and onshore — at Mispec, in New Brunswick.

22.5 A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities is subject to compulsory pilotage within the Saint John compulsory pilotage area.

22.6 (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W.

(2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W.

Waiver of Compulsory Pilotage
Boarding Stations

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

Urgent Circumstances

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

Unavailability of Pilots

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

(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 22.13 to 22.15 and the application for waiver contains the following information:

Extended Waivers

22.10 (1) If safe navigation will not be impeded, the Atlantic Pilotage 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:

(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 Atlantic Pilotage 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

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

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

Notices to Obtain Pilots — Arrivals

22.13 (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall,

(2) The notice required under paragraph (1)(a) shall be given

Notices to Obtain Pilots — Departures and Movages

22.14 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Atlantic Pilotage Authority for that area in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship.

Required Information

22.15 (1) In giving the notice required under paragraph 22.13(1)(a), the owner, master or agent of the ship shall state

(2) Where the ship has on board a pilotage certificate holder who is certified for the compulsory pilotage area through which the ship is to sail, a notice required under section 22.13 or 22.14 shall state

22.16 The Atlantic Pilotage Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 22.13 to 22.15.

Classes of Licences and Pilotage Certificates

22.17 (1) The Minister may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates.

(2) The holder of a licence or pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Minister.

(3) The Minister may endorse any gross tonnage limit over 40,000 on a Class A licence or Class A pilotage certificate.

(4) The Minister may endorse a gross tonnage limit not to exceed 40,000 on a Class B licence or Class B pilotage certificate.

(5) The Minister may endorse a gross tonnage limit not to exceed 10,000 on a Class C licence or Class C pilotage certificate.

Apprentice Permits

22.18 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size.

Endorsements

22.19 A licence or pilotage certificate that is issued by the Minister for a compulsory pilotage area and that has the name of that area endorsed on it authorizes its holder to perform pilotage duties only in that area.

Pilotage Certificates

22.20 The Minister shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is authorized to perform pilotage duties.

Qualifications
General Qualifications

22.21 (1) In addition to meeting the navigational and health qualifications set out in Part 1, an applicant for a licence or pilotage certificate shall

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

Experience at Sea — Applicants

22.22 (1) In addition to meeting the experience at sea qualifications set out in Part 1, an applicant for a licence or pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application, have either

(2) Instead of meeting the additional experience at sea qualifications set out in 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 familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience.

(3) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a pilotage certificate for a compulsory pilotage area set out below may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience:

22.23 (1) In addition to meeting the additional experience at sea qualifications set out in section 22.22, 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:

(2) In addition to meeting the additional experience at sea qualifications set out in section 22.22, 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

Experience at Sea — Holders

22.24 (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:

(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

22.25 (1) Subject to section 22.34, the pilotage certificate holder 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:

(2) Subject to section 22.34, the pilotage certificate holder 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.

22.26 The holder of a licence or pilotage certificate shall, on request, provide the Minister with documents confirming that the holder meets, as applicable, the requirements of sections 22.24 and 22.25.

Convictions under the Act or the Criminal Code

22.27 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of their application to become a holder, they have been convicted of

Examinations

22.28 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the applicant to a Board of Examiners for an examination.

(2) For the purpose of determining whether the holder of a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the holder to a Board of Examiners for an examination.

(3) Every examination shall be conducted at the time and place determined by the Minister and notice of the examination shall be communicated by the Minister to every applicant for a licence or pilotage certificate.

(4) Subject to subsection (5), a Board of Examiners shall be appointed by the Atlantic Pilotage Authority and shall consist of one representative of that Authority, who shall be the Chairperson of the Board, and of two pilots who are licensed for the compulsory pilotage area in question.

(5) The licensed pilots referred to in subsection (4) may be replaced as follows:

(6) The Atlantic Pilotage Authority may appoint a person as an observer who is knowledgeable about each pilotage area where the applicant for or holder of a licence or pilotage certificate is to perform pilotage duties to observe the conduct of any examination by the Board of Examiners and that person may, following the examination, file with the Chairperson of that Authority a written report on the conduct of the examination.

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

22.30 The examinations conducted by the Board of Examiners may include questions in relation to the following:

22.31 (1) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, including

(2) The Atlantic Pilotage Authority shall, when requested by any person who fails an examination, provide that person with a report indicating the reason they failed.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

22.32 The minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time is one, except if the Atlantic Pilotage Authority determines that, due to the conditions or nature of the voyage, the ship requires more than one person to perform pilotage duties on the ship, in which case the minimum number is two.

Further Training

22.33 If a licence or a pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or pilotage certificate shall, if they wish to have the licence or certificate reinstated, take further training that will enable them to continue to meet the qualifications set out in paragraphs 22.21(1)(e) to (g) of these Regulations.

22.34 If the pilotage certificate holder for a compulsory pilotage area is unable to meet the applicable qualification set out in section 22.25, they shall take further training to ensure that their knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification.

Shipping Incident

22.35 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was performing pilotage duties on that ship shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship

(2) If the report referred to in subsection (1) is not in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Minister.

DIVISION 2

Laurentian Pilotage Authority Region
Interpretation

23 This Division sets out the provisions applicable to the Laurentian Pilotage Authority’s region that are in addition to the ones set out in Part 1.

23.1 (1) The following definitions apply in this Division.

berth
means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor. (poste)
Board of Examiners
means the persons appointed under section 23.34 to conduct examinations for any class of licence or pilotage certificate. (jury d’examen)
deadweight tonnage
means the weight in metric tons of cargo, ship’s fuel, passengers and crew carried by a ship when loaded to its maximum Summer Load Line. (port en lourd)
movage
means the moving of a ship within a harbour, whether the ship is moved from one berth to another or is returned to the same berth, but unless a pilot is employed does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, the shore or a mooring buoy. (déplacement)

(2) In this Division, the length of a ship refers to the distance in metres and centimetres between the fore and aft extremities of the ship.

(3) In this Division, a part of a district refers to either of the following, as the case may be:

Compulsory Pilotage Area

23.2 The area described in Part 1 of Schedule 3 is established as a compulsory pilotage area within the Laurentian Pilotage Authority’s region and is divided into District Nos. 1, 1-1 and 2 as described in Part 2 of that schedule.

Ships Subject to Compulsory Pilotage

23.3 (1) Subject to subsection (3), the following ships are subject to compulsory pilotage:

(2) Every scow and barge that is registered in Canada and carrying as cargo a pollutant, as defined in section 165 of the Canada Shipping Act, 2001, is subject to compulsory pilotage.

(3) The following ships or classes of ships, if registered in Canada, are not subject to compulsory pilotage:

(4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of

23.4 Despite paragraph 23.3(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as set out in paragraph 23.3(1)(a) or if the length of any of the barges or scows is as set out in paragraph 23.3(1)(b), as the case may be.

23.5 Despite paragraph 23.3(1)(a), every ship registered in Canada that, before September 24, 2002, was not subject to compulsory pilotage by reason of its length or net registered tonnage is not subject to compulsory pilotage under that paragraph.

Waiver of Compulsory Pilotage

23.6 (1) The Laurentian Pilotage Authority may waive compulsory pilotage in respect of a ship

(2) Despite subsection (1), the Laurentian Pilotage Authority may waive compulsory pilotage of a ship that is in distress, proceeding to a ship in distress or entering the compulsory pilotage area for refuge.

Notices of Arrival

23.7 (1) The owner, master or agent of a ship that is to arrive in the compulsory pilotage area at the pilot boarding station at Les Escoumins shall give,

(2) The notices referred to in paragraphs (1)(a) and (b) shall be given by calling a coastal marine radio station or pilot dispatch centre.

23.8 The owner, master or agent of a ship that is to arrive in the compulsory pilotage area from any point above the entrance to St. Lambert Lock shall give notice of the immediate and ultimate destinations of the ship in the compulsory pilotage area by calling the St. Lawrence Seaway Radio Control when passing Iroquois Lock and Beauharnois Lock.

Notices of Departure

23.9 The owner, master or agent of a ship that is to depart from a berth in the compulsory pilotage area for any purpose, other than making a movage, shall give, by calling a pilot dispatch centre,

Notices of Movage

23.10 (1) The owner, master or agent of a ship that is to make a movage shall give,

(2) The notices referred to in subsection (1) shall be given by calling a pilot dispatch centre.

Optional Notices

23.11 (1) Despite sections 23.9 and 23.10, the owner, master or agent of a ship that is to depart or make a movage may within eight hours after having given the first notice referred to in paragraph 23.9(a) or subparagraph 23.10(1)(a)(i), give a second notice confirming or correcting the estimated time of departure from or movage in any compulsory pilotage area.

(2) If a second notice has been given in respect of a ship pursuant to subsection (1), the time of departure or movage of that ship shall not be later than 12 hours from the time that notice was given.

Required Information

23.12 If the owner, master or agent of a ship gives a notice referred to in subparagraph 23.7(1)(a)(i) or 23.7(1)(b)(i), they shall state,

23.13 If a ship has on board one or more pilotage certificate holders who are certified for the compulsory pilotage area through which the ship is to proceed, the master of the ship shall, each time the ship proceeds through the area, state

23.14 If in any case referred to in section 23.7, 23.8, 23.9, 23.10 or 23.11, the owner, master or agent of a ship fails without reasonable cause to give the notice required by that section for that case, the Laurentian Pilotage Authority is not required to provide that ship with the services of a pilot.

Classes of Licences and Pilotage Certificates

23.15 The classes of licences and pilotage certificates that may be issued by the Minister are the following:

23.16 (1) A Class A Montreal Harbour licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship, regardless of size, in District No. 1-1.

(2) A Class B Montreal Harbour licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship not exceeding 210 m in length in District No. 1-1.

(3) A Class A licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship in District No. 1 or District No. 2 or any part of those districts.

(4) A Class B licence or pilotage certificate authorizes its holder to perform pilotage duties

(5) A Class C licence or pilotage certificate authorizes its holder to perform pilotage duties

(6) A Class D apprentice pilot permit authorizes its holder to undertake pilotage training in the presence of a licensed pilot on any ship, in District Nos. 1, 1-1 or 2.

Endorsements

23.17 A licence or pilotage certificate that is issued in respect of a district or part of a district within the compulsory pilotage area and on which that district or part is endorsed authorizes its holder to perform pilotage duties only in the district or part of that district indicated on the licence or pilotage certificate.

23.18 A pilotage certificate on which a seasonal limitation is endorsed authorizes its holder to perform pilotage duties only during the season of the year indicated.

General Qualifications for Applicants for Licences

23.19 Every applicant for a licence shall

Qualifications for Holders of Licences for District No. 1-1

23.20 (1) Every holder of a Class A licence for District No. 1-1 shall

(2) Every holder of a Class B licence for District No. 1-1 shall

Qualifications for Holders of Licences for District No. 1 and District No. 2

23.21 (1) Every holder of a Class A licence for District No. 1 or District No. 2 shall

(2) Every holder of a Class B licence for District No. 1 or District No. 2 shall,

(3) Every holder of a Class C licence for District No. 1 or District No. 2 shall

Documentation Requirements for Pilotage Certificates

23.22 (1) An applicant for a first pilotage certificate shall, not less than 10 days but not more than 60 days before the date of the examination, submit an application and provide the Minister with true copies of the following:

(2) A pilotage certificate holder who applies for another pilotage certificate shall submit an application and provide the Minister with documents that establish that the holder has met the sea service qualifications set out in this Division for that certificate.

Qualifications for Holders of Pilotage Certificates for All Districts

23.23 (1) Every applicant for a Class A, Class B or Class C pilotage certificate who is applying for their first pilotage certificate shall

(2) An applicant for a Class A pilotage certificate who is the holder of a Class B pilotage certificate shall, over the 36 months immediately preceding their application, have completed

(3) An applicant for a Class B pilotage certificate who is the holder of a Class C pilotage certificate shall, over the 24 months immediately preceding their application, have completed

(4) Despite subsections (1) to (3), an applicant may become the holder of a pilotage certificate valid for only a part of a district if

(5) Despite subsections (1) to (3), an applicant need not complete any movages or trips required to be completed during the period beginning on December 1 and ending on the following April 8 if the application is for a pilotage certificate valid only for the period beginning when all light buoys are in place in the part of the channel to which the pilotage certificate relates and ending when the Laurentian Pilotage Authority informs pilotage certificate holders, by a Notice to Mariners or a Navigational Warnings, both published by the Canadian Coast Guard, that the light buoys have been withdrawn.

23.24 Where sea service, trips or movages are required by section 23.23, the service, trip or movage, as the case may be, shall be or have been completed on board a ship of a size that is subject to compulsory pilotage.

General Requirements for Applicants and Holders

23.25 No person shall become the holder of a licence or pilotage certificate if

23.26 (1) Every holder of a licence or pilotage certificate shall

(2) In addition to the qualifications required by subsection (1), a holder of a licence or pilotage certificate shall,

Notices for the Recruiting of Apprentice Pilots

23.27 When recruiting apprentice pilots for a particular district, the Laurentian Pilotage Authority shall publish, not less than 30 days before the deadline for receiving applications, on their Internet site or in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentice pilots that are needed for the district and the date by which the applications must be received.

Qualifications — Apprentice Pilots — District No. 1-1

23.28 To obtain a Class D apprentice pilot permit for District No. 1-1, an applicant shall

Qualifications — Apprentice Pilots — District No. 1 and District No. 2

23.29 To obtain a Class D apprentice pilot permit for District No. 1 or District No. 2, an applicant shall

Required Documents — Apprentice Pilots

23.30 An applicant for a Class D apprentice pilot permit shall, when making the application, provide the Minister with true copies of the following:

Qualifications — Applicants Who Hold a Pilotage Certificate

23.31 (1) An applicant for a Class D apprentice pilot permit for District No. 1-1 who holds a pilotage certificate for that district is exempt from the requirements of paragraphs 23.28(a), (b) and (f) and 23.30(a) and (b).

(2) An applicant for a Class D apprentice pilot permit for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, is exempted from the requirements of paragraphs 23.29(a) to (c) and (e) and 23.30(a) and (b).

(3) Despite paragraph 23.21(3)(c), an applicant for a Class C licence for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, shall have served at least 12 months as an apprentice pilot and holder of a Class D apprentice pilot permit in the appropriate district.

Assessment of Competencies

23.32 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate or the holder of a licence or pilotage certificate meets the requirements of these Regulations, the Minister shall assess each application for a licence or pilotage certificate and the record of each holder and shall provide the Board of Examiners with

(2) Subject to subsection (9), the Board of Examiners shall

(3) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral examination on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

(4) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

(5) An applicant must successfully complete the written examinations before taking the oral examination.

(6) To pass the examination, an applicant must

(7) An applicant who obtains a mark of less than 70% on the oral examination shall repeat the written and oral examinations on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

(8) Despite subsection (5), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (4)(a) and (b) if

(9) An applicant shall,

23.33 (1) An applicant who fails one of the examinations referred to in paragraphs 23.28(f) and 23.29(e) three times is no longer eligible to take those examinations.

(2) An applicant who fails one or more of the examinations referred to in subsection 23.32(3) three times is no longer eligible to take those examinations.

(3) An applicant who fails the examination referred to in paragraph 23.32(4)(a) three times is no longer eligible to take that examination.

(4) An applicant who fails one or more of the examinations referred to in paragraph 23.32(4)(b) three times is no longer eligible to take those examinations.

(5) An applicant who has attended the pilotage training program referred to in paragraph 23.32(8)(a) and who fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess mandatory skills for basic certification four times or who twice fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess optional skills that can be added to a certificate is no longer eligible to take an examination under the pilotage training program.

Board of Examiners

23.34 (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

(2) The Board of Examiners that conducts the examinations for pilotage certificates shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

(3) The officer of the Laurentian Pilotage Authority appointed in accordance with paragraph (1)(a) or (2)(a), as the case may be, shall act as Chairperson of the Board of Examiners.

(4) The Laurentian Pilotage Authority shall appoint a person who is knowledgeable about each pilotage district where the applicant or holder is to pilot to observe the conduct of any examination by the Board of Examiners and the person shall, following the examination, file with the Minister a written report on the conduct of the examination.

23.35 The Chairperson of the Board of Examiners shall report to the Minister the results of all examinations, including

23.36 The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Minister considers it appropriate to meet their needs.

Number of Licences

23.37 (1) The number of licences that may be issued for District No. 1 is limited to 125.

(2) The number of licences that may be issued for District No. 1-1 is limited to 12.

(3) The number of licences that may be issued for District No. 2 is limited to 85.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

23.38 (1) The minimum number of licensed pilots or pilotage certificate holders that shall be on board a ship at any time is one, except that a minimum of two licensed pilots or pilotage certificate holders shall be on board

(2) Despite paragraph (1)(h), one licensed pilot or pilotage certificate holder may be assigned to a tug if

(3) For the purposes of paragraph (1)(f), the Laurentian Pilotage Authority shall determine the winter navigation period in each pilotage district, in the interests of the safety of navigation, in consultation with the Canadian Coast Guard, pilots who are members of a body corporate as described in subsection 15(2) of the Act, and interested groups of shipowners, on the basis of

(4) The Laurentian Pilotage Authority shall, as soon as practicable after determining the winter navigation period in accordance with subsection (3), inform all affected parties of the determination.

Further Training

23.39 If a licence or pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or certificate shall take such further training as will enable the holder to meet the qualifications set out in paragraphs 23.26(1)(c) to (e).

23.40 If a person who holds a licence or pilotage certificate is unable to meet the qualifications set out in subsection 23.26(2), they shall take further training to ensure that their knowledge of the district or part of that district in respect of which their licence or pilotage certificate is in force, is adequate.

Marine Occurrence

23.41 (1) Every holder of a licence or pilotage certificate who is performing pilotage duties on a ship in a compulsory pilotage area at the time the ship is involved in a marine occurrence that is reportable under the Transportation Safety Board Regulations shall immediately, by the fastest means available, report to the Minister full details of the occurrence, including information relating to any pollution or threat of pollution, if the ship

(2) Where the report referred to in subsection (1) is not made in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Minister.

General

23.42 No pilotage certificate holder shall pilot a ship in more than one district or part of a district during a one-way trip, unless they have rested at least 10 hours between pilotage assignments.

DIVISION 3

Great Lakes Pilotage Authority Region
Interpretation

24 This Division sets out the provisions applicable to the Great Lakes Pilotage Authority’s region that are in addition to the ones set out in Part 1.

24.1 (1) The following definitions apply in this Division.

Board of Examiners
means a Board of Examiners established under section 24.21. (jury d’examen)
deck watch officer
means a person who has the immediate charge of the navigation and security of a ship, but does not include a pilot. (officier de quart à la passerelle)

(2) In this Division, the length of a ship refers to the distance in metres between the fore and aft extremities of the ship.

(3) In this Division, the breadth of a ship refers to the maximum breadth distance in metres between the outside of the shell plating of the ship.

Compulsory Pilotage Areas

24.2 The areas described in Schedule 4 are established as compulsory pilotage areas within the Great Lakes Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage
General

24.3 The following ships are subject to compulsory pilotage:

Ferries

24.4 (1) A ship is not subject to compulsory pilotage under section 24.3 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

Tugs

24.5 A ship that is not subject to compulsory pilotage under section 24.3 is subject to compulsory pilotage if the ship is a tug that

24.6 (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a tug that

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

Ships Under the Conduct of Masters or Deck Watch Officers Licensed in the United States

24.7 A ship that is subject to compulsory pilotage under section 24.3 need not be under the conduct of a licensed pilot or pilotage certificate holder if the ship

Waiver of Compulsory Pilotage

24.8 (1) The Great Lakes Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

(2) A waiver under paragraph (1)(h) is valid only if it is provided by the Great Lakes Pilotage Authority in writing and may be made subject to the condition that a licensed pilot be engaged for the overall supervision of the ships specified in the waiver, in which case the waiver does not apply unless a licensed pilot is so engaged.

United States Pilots

24.9 If an individual is authorized by an appropriate authority of the United States to have the conduct of a ship in the United States waters of the Great Lakes, that individual may also pilot in the Canadian waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in Quebec, in accordance with paragraph 38.01(2)(c) of the Act.

Navigation in the Compulsory Pilotage Areas

24.10 The Great Lakes Pilotage Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,

Notice of Requirement for a Pilot

24.11 (1) The owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Great Lakes Pilotage Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time four hours before the pilot is so required.

(2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.

Exchange of Pilots at Iroquois Lock

24.12 (1) A ship that is under the conduct of a licensed pilot and is transiting International District 1 shall exchange pilots at Iroquois Lock if,

(2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.

Apprenticeship

24.13 (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 a pilotage certificate holder for that area or a licensed pilot for that area, undertake shipboard pilotage training on

Endorsements

24.14 (1) A licence or pilotage certificate shall be endorsed in respect of any qualifications or conditions pertaining to its holder.

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

Qualifications
Applicant for a Licence

24.15 (1) An applicant for a licence shall

(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 Great Lakes Pilotage 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, in 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 have a degree of proficiency in the French language sufficient to carry out their pilotage duties in that area.

Applicant for a Pilotage Certificate

24.16 An applicant for a pilotage certificate shall

24.17 An applicant for a pilotage certificate shall provide the Great Lakes Pilotage Authority with

Great Lakes Marine Pilotage Certificate Training Program

24.18 For greater certainty, the Great Lakes Pilotage 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

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

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

24.20 An examination for a licence or pilotage certificate shall be conducted at a place determined by the Great Lakes Pilotage Authority and notice of the examination shall be communicated by that Authority to every applicant for a licence or pilotage certificate.

Board of Examiners

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

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

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

(4) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, including

Maintaining Qualifications

24.22 (1) The holder of a licence must

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

24.23 The holder of a pilotage certificate must

Further Training

24.24 A holder of a licence or pilotage certificate shall, at the direction of the Minister, undergo further training

Shipping Incident

24.25 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was on board the ship and any other person who had the conduct of the ship at the time the incident occurred shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship

(2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution.

(3) Where a report referred to in subsection (1) cannot be made directly to the Minister, it shall be made to the nearest maritime traffic control centre.

(4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Great Lakes Pilotage Authority and make a written report of the incident on a form provided by the Minister.

(5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Minister to any person without the prior consent of the person who made the report.

DIVISION 4

Pacific Pilotage Authority Region
Interpretation

25 This Division sets out the provisions applicable to the Pacific Pilotage Authority’s region that are in addition to the ones set out in Part 1.

25.1 The following definitions apply in this Division.

Area 1
means the compulsory pilotage area described in paragraph 1(a) of Schedule 5. (zone 1)
Area 2
means the compulsory pilotage area described in paragraph 1(b) of Schedule 5. (zone 2)
Area 3
means the compulsory pilotage area described in paragraph 1(c) of Schedule 5. (zone 3)
Area 4
means the compulsory pilotage area described in paragraph 1(d) of Schedule 5. (zone 4)
Area 5
means the compulsory pilotage area described in paragraph 1(e) of Schedule 5. (zone 5)
coastal trade
means the regular employment and operation of ships in the waters of the Pacific Pilotage Authority’s region, the waters of Puget Sound, the Strait of Juan de Fuca and the coastal waters of the State of Alaska not west of Cook Inlet. (cabotage)
committee of examiners
means a committee of examiners appointed under section 25.20 to conduct examinations for any class of licence or pilotage certificate or for the apprenticeship system. (commission d’examen)
dangerous goods
has the same meaning as in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)
day of service
means a period of watchkeeping duty performed over a period of 12 hours that are not necessarily consecutive. (jour de service)
familiarization trip
means a voyage in a compulsory pilotage area on board a ship during which an applicant for a licence or pilotage certificate observes the licensed pilot assigned to the ship. (voyage d’entraînement)
ferry
means a ship or an arrangement of ships that carries passengers or goods according to a fixed schedule between terminals. (traversier)
marine occurrence
has the same meaning as in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act. (accident maritime)
movage
means the moving of a ship wholly within a harbour or port from one anchored or moored position to another or back to the same position, but does not include the warping of a ship from one berth to another solely by means of mooring lines unless a pilot is employed, and includes anchoring of a ship while en route between one harbour, port or pilot boarding station and another due to stress of weather, tidal conditions, safety of the ship or crew, waiting berth availability or waiting due to minor engine or equipment repairs performed by ship’s personnel that are considered reasonable engine or equipment maintenance. (déplacement)
person in charge of the deck watch
means a person who has the immediate charge of the navigation, manoeuvring, operation or safety of a ship, but does not include a pilot. (personne responsable du quart à la passerelle)
pilot boarding station
means a place used for the purpose of embarking or disembarking pilots. (station d’embarquement de pilotes)
Second Narrows Traffic Control Zone
means the part of Area 2 that is enclosed within a line drawn 000° from the fixed light on the northeastern end of Terminal Dock to the North Vancouver shoreline at Neptune Terminals and a line drawn 000° from Berry Point Light (approximately 2.4 km east of the CN bridge on the South Shore of the Port of Vancouver) to the North Shore on the opposite side of the channel. (zone de contrôle de la circulation de Second Narrows)
tug
means a ship used for towing or pushing purposes. (remorqueur)
voyage
includes a passage or trip of a ship and any movement of a ship from one place to another but does not include a movage. (voyage)
warping
means the moving of a ship from one berth to another solely by means of mooring lines. (halage)
Compulsory Pilotage Areas

25.2 The areas described in Schedule 5 are established as compulsory pilotage areas within the Pacific Pilotage Authority’s region.

Experience at Sea Qualifications

25.3 (1) An applicant for a licence or pilotage certificate for Area 1 must

(2) An applicant for a licence or pilotage certificate for Area 2, 3, 4 or 5 must hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations and have completed, before the day on which the application is made,

(3) At least 100 of the total days of service required by subsections (1) and (2) shall be completed within the 24 months before the day on which the application is made.

(4) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 shall have completed at least 250 of the total days of service required by subsection (2) in the Area for which the certificate is sought.

Familiarization Program

25.4 (1) A person may apply to the Pacific Pilotage Authority for entry into the Familiarization Program.

(2) The Pacific Pilotage Authority shall approve familiarization trips if

Certificates

25.5 In addition to the certificates required by subsection 10(1), an applicant for or a holder of a licence or pilotage certificate shall hold a training certificate indicating that they have successfully completed a course approved in accordance with section 114 of the Marine Personnel Regulations

Apprenticeship

25.6 The holder of a licence shall have successfully completed the apprenticeship system approved by the Minister.

Requirements

25.7 An applicant for a licence or pilotage certificate shall provide the Minister with evidence that the applicant maintained a record of safe ship handling and navigation before applying for their licence or pilotage certificate.

25.8 The holder of a licence or pilotage certificate shall

Ships Subject to Compulsory Pilotage

25.9 (1) Every ship of more than 350 gross tonnage that is not a pleasure craft and every pleasure craft of more than 500 gross tonnage is subject to compulsory pilotage.

(2) For the purposes of subsection (1), if a ship is part of an arrangement of ships, then the combined tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship is subject to compulsory pilotage.

(3) Subsection (1) does not apply in respect of

Waiver of Compulsory Pilotage

25.10 (1) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in any of the following circumstances:

(2) The Pacific Pilotage Authority may waive compulsory pilotage in respect of a ship that

(3) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship of less than 10,000 gross tonnage if, as of the day on which the application is made, every person in charge of the deck watch

(4) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 west of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed five return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

(5) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 east of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed 10 return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

(6) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is carrying dangerous goods and travelling in the Second Narrows Traffic Control Zone if every person in charge of the deck watch has, as of the day on which the application is made, completed six return voyages, at least one of which was completed within the preceding 24 months, of which the Pacific Pilotage Authority was given prior notice, through that Zone

(7) If a ship is part of an arrangement of ships then the combined gross tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage under subsection (3).

(8) For greater certainty, the Pacific Pilotage Authority may not waive compulsory pilotage in respect of any period before the embarkation or after the disembarkation of the persons who meet the conditions set out in subsections (3) to (6), as the case may be.

(9) Despite subsections (3) to (6), a ship is subject to compulsory pilotage if there is a risk to navigational safety because of

(10) An application for a waiver of compulsory pilotage other than an application made under a circumstance described in subsection (1) or (2) shall be made in writing.

(11) At the request of the Pacific Pilotage Authority, the persons in charge of the deck watch referred to in subsections (1) to (6) shall produce evidence that the conditions set out in this section continue to be met.

Pilot Boarding Stations

25.11 There shall be a pilot boarding station

Notice to Obtain Pilots

25.12 The master, owner or agent of a ship that is subject to compulsory pilotage and requires the services of a licensed pilot shall

Required Information in Notice

25.13 The notice referred to in section 25.12 shall include

Notification of Pilotage Certificate Holders and Waivers

25.14 (1) If a person in charge of the deck watch of a ship is a pilotage certificate holder, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Pacific Pilotage Authority of the intended voyage of the ship and the name of the holder and the number of their certificate.

(2) If a waiver of compulsory pilotage has been granted in respect of a ship, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Pacific Pilotage Authority of the intended voyage of the ship and the names of all persons in charge of the deck watch.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates on Board

25.15 (1) Subject to subsection (2), the minimum number of licenced pilots or pilotage certificate holders that shall be on board a ship at any time is one, except that two pilots shall be on board

(2) A licensed pilot or pilotage certificate holder who has conduct of a towed ship may be on board the tug by which it is towed.

Licences

25.16 (1) The classes of licences that may be issued by the Minister are Class I and Class II licences.

(2) A licence issued by the Minister shall have an endorsement on it that states what class of licence it is and in which compulsory pilotage areas the holder may pilot.

(3) The Minister may issue a Class I licence to the holder of a Class II licence who has served satisfactorily as the holder of a Class II licence for a period of one year.

(4) The Minister may issue a Class II licence to an apprentice pilot who meets the qualifications for a licence.

Pilotage Certificates

25.17 A pilotage certificate issued by the Minister may have an endorsement setting out any requirements or restrictions applicable to the holder and shall be endorsed with the following:

Applications for Licences and Pilotage Certificates

25.18 An applicant for a licence or pilotage certificate shall provide the Minister with evidence, information and references that will satisfy the Minister that they meet all the qualifications required by the Act and these Regulations.

Further Training

25.19 The holder of a licence or pilotage certificate shall be required to take further training to enable them to meet new qualifications of holders of licences and pilotage certificates required by this Division since their licence or certificate was issued and that they do not meet.

Examinations

25.20 (1) To determine whether an applicant for or the holder of a licence or pilotage certificate or an applicant who wishes to become an apprentice pilot meets the qualifications for applicants and holders required by the Act and these Regulations, the Minister may refer the qualifications of the applicant or holder to a committee of examiners.

(2) There shall be two committees of examiners consisting of five members each.

(3) One of the committees of examiners shall examine the qualifications of applicants and holders with respect to Area 1 and the other committee shall examine the qualifications of applicants and holders with respect to Areas 2, 3, 4 and 5.

(4) Each committee of examiners shall consist of

(5) A committee of examiners shall be appointed for a term of one year beginning on July 1 of each year.

(6) Any retiring member of a committee of examiners shall be eligible for re-appointment to that committee.

(7) A quorum of a committee of examiners shall be four members.

25.21 A committee of examiners shall

25.22 (1) Examinations conducted by a committee of examiners shall be in any form that the Pacific Pilotage Authority determines and shall include questions relating to the following:

(2) A candidate may attempt the examinations referred to in subsection (1) up to six times.

Place of Examinations

25.23 Examinations conducted by the committee of examiners shall be held at the place that the Pacific Pilotage Authority may from time to time prescribe in a notice given by that Authority to the persons who will take the examinations.

Eligibility for Apprenticeship System

25.24 (1) The name of an applicant who wishes to become an apprentice pilot and meets the qualifications for an applicant for or a holder of a licence set out in the Act and these Regulations shall be placed by a committee of examiners on an eligibility list prepared by them under paragraph 25.21(a).

(2) The name of an applicant who meets the qualifications referred to in subsection (1) shall be placed on the eligibility list after the last name on the list.

(3) If several applicants meet the qualifications referred to in subsection (1) at the same time, their names shall be placed on the eligibility list after the last name on the list in an order that ranks them, from highest to lowest, in accordance with their results in the examinations referred to in section 25.22.

(4) The name of an applicant referred to in subsection (1) shall remain on the eligibility list for a period of two years.

(5) Upon the expiration of the two-year period referred to in subsection (4), the name of the applicant shall be removed from the eligibility list unless they establish to the satisfaction of the committee of examiners that they

Appointment of Apprentice Pilots

25.25 If the Pacific Pilotage Authority requires an apprentice pilot to meet the needs of the pilotage service, that Authority may appoint as an apprentice pilot a person whose name is at the top of the eligibility list referred to in section 25.24.

Duration of Apprenticeship

25.26 (1) An apprentice pilot shall,

(2) A person shall cease to be an apprentice pilot when they

Apprenticeship System Training

25.27 (1) An apprentice pilot shall,

(2) An apprentice pilot shall be under the direction and command of the licensed pilot of the ship to which they are assigned.

(3) The Pacific Pilotage Authority may assign one apprentice pilot to a ship and may assign a second apprentice pilot to a ship after consultation with the ship’s master, owner or agent.

Marine Occurrence

25.28 (1) If a ship that is subject to compulsory pilotage or a ship in respect of which a waiver of compulsory pilotage has been granted is involved in a marine occurrence in a compulsory pilotage area, the person who has the conduct of the ship at the time of the marine occurrence shall submit a full report on the marine occurrence to the Minister.

(2) If the person who has the conduct of the ship at the time of the marine occurrence is not the master, the master shall also submit a full report on the marine occurrence to the Minister.

(3) A person who is required to submit a full report on the marine occurrence shall do so

(4) The Minister shall grant an additional period of time if the Minister is notified within 72 hours after the marine occurrence that the person is unable to submit the report within those 72 hours because the person was injured in the marine occurrence or because the person is in a location that does not have a scheduled transportation service or a communication system that can be used to submit the report.

7 Schedules 1 and 2 to the Regulations are replaced by the Schedules 1 to 5 set out in the schedule to these Regulations.

8 The Regulations are amended by replacing “Authority” with “Minister”, with any necessary modifications, in the following provisions:

Repeals

9 The following Regulations are repealed:

Coming into Force

10 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Section 7)

SCHEDULE 1

(Section 13)

Forms

FORM 1

Transport Canada
(Transport Canada heading)

Pilotage Licence

Issued by the Minister of Transport pursuant to section 38.1 of the Pilotage Act.

(Print name)

is qualified to carry out pilotage duties of Class subject to the following conditions:

1
(Size and Type of Ship)

2
(Pilotage Areas)

3

(Other Conditions)

Issued by the Minister of Transport at

(Place)

on
(Date of Issue, Day/Month/Year)

(Signature)

(Back of Licence)

Signature of Holder:

Navigational certificate(s) held by Holder:

Name of certificate:

Date of issue:

(Day/Month/Year)

(Passport Photograph in colour, 50 mm x 70 mm)

FORM 2

Transport Canada
(Transport Canada heading)

Pilotage Certificate

Issued by the Minister of Transport pursuant to section 38.1 of the Pilotage Act.

(Print name)

is qualified to carry out pilotage duties of Class subject to the following conditions:

1 This authorization is only for carrying out pilotage duties on board the ship of whose complement the holder is a regular member and of which the holder is the master or a deck officer.

2
(Size and Type of Ship)

3
(Pilotage Areas)

4

(Other Conditions)

Issued by the Minister of Transport at

(Place)

on 
(Date of Issue, Day/Month/Year)

(Signature)

(Back of Certificate)

Signature of Holder:

Navigational certificate(s) held by Holder:

Name of certificate:

Date of issue:

(Day/Month/Year)

(Passport Photograph in colour, 50 mm x 70 mm)

SCHEDULE 2

(Section 22.2 and subsections 22.3(3), (4), (6), (7) and 22.4(1))

Atlantic Pilotage Authority Region

PART 1
Compulsory Pilotage Areas of New Brunswick

Miramichi Compulsory Pilotage Area

1 The Miramichi compulsory pilotage area consists of all the navigable waters within a line drawn from Pointe Morin to the north end of Portage Island, thence, on a bearing of 114° (True) to a position at Latitude 47°07′30″N., Longitude 64°47′00″W. and thence, on a bearing of 191° (True) to Point Escuminac Light.

Restigouche Compulsory Pilotage Area

2 The Restigouche compulsory pilotage area consists of the following areas:

Saint John Compulsory Pilotage Area

3 The Saint John compulsory pilotage area consists of all the navigable waters within a line drawn across the Saint John Harbour from a position at Latitude 45°15′48″N., Longitude 66°04′48″W., 136° (True) to a position at Latitude 45°15′42″N., Longitude 66°04′36.8″W. and all the navigable waters within a line bearing 180° (True) from Cape Spencer for a distance of 1.6 nautical miles, thence 270° (True) for a distance of 4.16 nautical miles, thence 295° (True) for a distance of 5.3 nautical miles to shore.

PART 2
Compulsory Pilotage Areas of Newfoundland and Labrador

Bay of Exploits Compulsory Pilotage Area

1 The Bay of Exploits compulsory pilotage area consists of the following areas:

Voisey’s Bay Compulsory Pilotage Area

2 The Voisey’s Bay compulsory pilotage area consists of the following areas:

Holyrood Compulsory Pilotage Area

3 The Holyrood compulsory pilotage area consists of all the navigable waters within a line drawn from Salmon Cove Point on a bearing of 090° (True) to the east shore of Conception Bay.

Humber Arm Compulsory Pilotage Area

4 The Humber Arm compulsory pilotage area consists of all the navigable waters east of a line drawn from Frenchman’s Head to McIver Point.

Placentia Bay Compulsory Pilotage Area

5 The Placentia Bay compulsory pilotage area consists of all the navigable waters north of a line drawn from Long Harbour Head to Fox Island, thence along a line to a position of Latitude 47°20′N., Longitude 54°06.5′W., thence to Ragged Point (the most southerly point of Red Island), thence to Eastern Head.

St. John’s Compulsory Pilotage Area

6 The St. John’s compulsory pilotage area consists of all the navigable waters of the Harbour of St. John’s west of a line drawn from North Head to South Head and all the navigable waters seaward of that line within a radius of two nautical miles.

Stephenville Compulsory Pilotage Area

7 The Stephenville compulsory pilotage area consists of all the navigable waters in Stephenville Pond and all the navigable waters within a line drawn from Indian Head Light in a direction of 210° (True) for a distance of 600 m, thence 320° (True) for a distance of 900 m, thence 030° (True) for a distance of 820 m to shore.

PART 3
Compulsory Pilotage Areas of Nova Scotia

Cape Breton Compulsory Pilotage Area

1 The Cape Breton compulsory pilotage area consists of the following areas:

Halifax Compulsory Pilotage Area

2 The Halifax compulsory pilotage area consists of all the navigable waters within a line drawn from Chebucto Head at a position Latitude 44°30′05″N., Longitude 63°31′12″W., to Hartlen Point at a position Latitude 44°35′20″N., Longitude 63°27′07″W.

Pugwash Compulsory Pilotage Area

3 The Pugwash compulsory pilotage area consists of all the navigable waters within a line drawn from Pugwash Point to a geographic point situated at a distance of 2.1 nautical miles on a bearing of 025° (True), thence, for a distance of 2.2 nautical miles on a bearing of 270° (True), and thence, on a bearing of 205° (True) to Lewis Head.

PART 4
Compulsory Pilotage Areas of Prince Edward Island

Charlottetown Compulsory Pilotage Area

1 The Charlottetown compulsory pilotage area consists of all the navigable waters within a line drawn from Rice Point to a geographic point situated at a distance of 7.9 nautical miles on a bearing of 180° (True), thence, for a distance of 7.7 nautical miles on a bearing of 090° (True), and thence, on a bearing of 000° (True) to Prim Point.

Confederation Bridge Compulsory Pilotage Area

2 The Confederation Bridge compulsory pilotage area consists of all the navigable waters within a quadrilateral commencing at a point at Latitude 46°11′00″N., Longitude 63°47′00″W., thence on a bearing of 340° (True) for a distance of 4.4 nautical miles to a position at Latitude 46°15′12″N., Longitude 63°49′12″W., thence on a bearing of 107° (True) for a distance of 4.1 nautical miles to a position at Latitude 46°14′00″N., Longitude 63°43′30″W., thence on a bearing of 157° (True) for a distance of 3.75 nautical miles to a position at Latitude 46°10′30″N., Longitude 63°41′30″W., thence on a bearing of 277° (True) for a distance of 3.9 nautical miles to the point of commencement.

SCHEDULE 3

(Section 23.2)

Laurentian Pilotage Authority Region

PART 1
Compulsory Pilotage Area

1 The compulsory pilotage area consists of the following:

PART 2
Districts

1 District No. 1 — All waters between the northern entrance to St. Lambert Lock and a line drawn across the St. Lawrence River at Longitude 71°08′W.

2 District No. 1-1 — All waters between the northern entrance to St. Lambert Lock and a line running east and west across the St. Lawrence River at the northernmost tip of île Ste-Thérèse.

3 District No. 2 — All waters between a line drawn across the St. Lawrence River at Longitude 71°20′W. and a line bearing 121° (True) and drawn across the St. Lawrence River at Latitude 48°20′48″N., Longitude 69°23′24″W., including the Saguenay River.

4 District No. 3 — All waters of the Laurentian Pilotage Authority’s region not included within the limits of District No. 1, District No. 1-1 and District No. 2.

SCHEDULE 4

(Section 24.2 and paragraph 24.8(1)(e))

Great Lakes Pilotage Authority Region

1 The compulsory pilotage areas are as follows:

SCHEDULE 5

(Sections 25.1 and 25.2)

Pacific Pilotage Authority Region

1 The compulsory pilotage areas are as follows:

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Under the new legislative scheme for marine pilotage, the responsibility to issue pilot licences and pilotage certificates has been transferred from the four regional pilotage authorities to the Minister of Transport. Although the Minister of Transport has the authority, pursuant to section 38.1 of the Pilotage Act (the Act), to issue pilotage certificates and licences, the current regulations are inconsistent with this new ministerial power because they were all made under a repealed enabling authority thereby creating a policy disconnect between the legislation and regulations. As such, regulatory amendments are required to ensure consistency between the legislative and regulatory provisions regarding the Minister of Transport’s authority to issue pilot licences and pilotage certificates.

Additionally, minor changes made to the Pacific Pilotage Regulations in 2020 respecting prerequisites for marine pilotage waivers, have had an unintended consequence on commercial maritime activity between Canada and the United States (U.S.). To avoid maritime supply chain disruptions, a regulatory amendment is needed to reintroduce the deleted reference of “coastal trade” for the Pacific pilotage region, while Transport Canada (TC) analyzes the issue for potential consideration in the proposed Marine Pilotage Regulations, anticipated to be prepublished in the Canada Gazette, Part I, in late fall of 2022.

Background

In 1972, the Act was introduced to provide the legislative framework for the delivery of marine pilotage services in Canada. The Act allowed for the creation of four pilotage authorities to operate and maintain safe and efficient pilotage services in designated areas across the country. The pilotage authorities operate at arm’s length from the Government of Canada (the Government) as Crown corporations. Under the original Act, each pilotage authority had the right, within its geographic area of operation, to determine (1) where and how marine pilotage services were provided; and (2) the framework for pilotage certification, licensing, fee setting and enforcement.

Modernizing the Act

From 1972 onwards, the Act remained largely unchanged. Modernizing the Act is an important element of the Government’s efforts to have a more robust marine safety framework. As such, the modernization of the Act was identified as a priority of the Oceans Protection Plan (OPP). Under the OPP, a comprehensive review was completed with the goal of modernizing the Act while continuing to support safe pilotage in Canada. The “Pilotage Act Review Final Report” (the Report) was completed in April 2018 and published in May 2018. The Report highlighted the need to modernize the framework for marine pilotage services in Canada and identified 38 areas for improvement (including transferring the regulation making authority from the pilotage authorities to the Minister of Transport). Amendments to the Act were included in the Budget Implementation Act, 2019, No. 1, which was presented to Parliament in April 2019. In June 2019, the Budget Implementation Act, 2019, No. 1 received royal assent, amending the Act to provide for a pilotage system with increased national consistency, greater efficiency, and more accountability.

The amendments to the Act were designed to come into force gradually, and in an organized stepwise fashion, through a series of four Orders in Council, to minimize disruptions and to avoid legislative gaps during the transition to the new pilotage system. On August 7, 2019, the first Order in Council restructured the Act and introduced new labour and governance provisions. On March 18, 2020, the second Order in Council brought into force the enforcement and oversight provisions of the Act, including the transfer of enforcement responsibilities from the pilotage authorities to the Minister of Transport. The second Order in Council also brought provisions into force giving the Minister of Transport new powers related to oversight and compliance. On June 4, 2020, the third Order in Council brought into force sections of the Act that removed pilotage fee-setting from the regulatory process; enabled pilotage authorities to directly set nondiscriminatory, fair and reasonable pilotage charges in accordance with a publicly available methodology; outlined the financial requirements that should be considered when developing pilotage charges; amended the grounds for complaint with the Canadian Transportation Agency; established that a ship that proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or pilotage certificate holder is liable to that pilotage authority for all pilotage charges as if it had been under the conduct of a licensed pilot; and amended paragraph 52.5(a) of the Act to exempt resolutions made in relation to pilotage charges from the Statutory Instruments Act.

The fourth and final Order in Council, published on June 9, 2021, brought into force sections of the Act that transferred the authority to develop and maintain regulations respecting the provision of pilotage services from the pilotage authorities to TC (i.e. future regulations would be made by the Governor in Council [GiC] on the recommendation of the Minister of Transport). Among other things, the Minister of Transport is now able to recommend the making of regulations respecting the provision of pilotage services, including which ships or classes of ships are subject to compulsory pilotage; master-pilot exchanges; and the qualifications required by an applicant to possess a licence or pilotage certificate. The Minister of Transport is also able to establish compulsory pilotage areas by regulation, issue pilotage certificates and licences, and administer and enforce the Act using electronic means. Transferring the regulatory authority from the pilotage authorities to the Minister of Transport was one of the key recommendations of the Report.

In transferring the regulatory authority from the pilotage authorities to the Minister of Transport, the fourth Order in Council concluded the separation of the regulatory role from the service-delivery role of the pilotage authorities. As a transitional provision, a one-year validity period was introduced for all existing pilot licences and pilotage certificates. These licences and certificates will cease to be valid on June 9, 2022.

2020 Amendments to the Pacific Pilotage Regulations

Prior to the transfer of authority in the Act in 2021, regional pilotage authorities were responsible for making regulations regarding the conduct of pilotage activities in their regions. The Pacific Pilotage Regulations require that every ship over 350 gross tonnage that is not a pleasure craft, and every pleasure craft over 500 gross tonnage, be under the conduct of a licenced pilot or a pilotage certificate holder when transiting “compulsory pilotage areas.” Compulsory pilotage requirements may be waived if certain conditions set out in the Pacific Pilotage Regulations are met.

On October 14, 2020, the Regulations Amending the Pacific Pilotage Regulations were published in the Canada Gazette, Part II. The objectives of these amendments were to facilitate pilot recruitment and to reduce the likelihood of safety-related incidents caused by waiver holders as they navigate compulsory pilotage waters. However, these amendments also removed time spent by mariners navigating in coastal trade areas as defined in the Pacific Pilotage Regulations,footnote 6 as a criterion for the issuance of pilotage waivers.

The removal of the concept of “coastal trade” from the Pacific Pilotage Regulations has had unintended consequences for shipping on the West Coast. As a result of this change, a long-standing practice is at risk: for many decades both Canadian and American vessels have been able to operate in each other’s compulsory pilotage areas without the need to hire marine pilots from the other’s jurisdiction. The impact of terminating this long-standing practice would be to create supply chain disruptions due to having an insufficient number of marine pilots available to address a potential surge in demand.

Furthermore, the removal of the notion of “coastal trade” affects 75% of all U.S. watchkeepers operating in this region who can no longer meet sea time requirements as currently defined in the Pacific Pilotage Regulations to be eligible for pilotage waivers. If this issue is not addressed, Canadian vessels would also be affected as the long-standing practice with the U.S. requires reciprocity. In other words, if Canada continues to exclude “coastal trade” from the criteria for a waiver, then Canadian vessels would be required to hire marine pilots when travelling through Alaska compulsory pilotage areas.

As the Minister of Transport now has the authority to make regulations regarding pilotage activities, the concept of “coastal trade” is being reintroduced to the criteria for waivers in the Pacific pilotage region and is included as part of this package.

Objective

The objectives of this regulatory proposal are

Description

This regulatory proposal will repeal the four existing pilotage authority regulations (namely, those of the Atlantic, Great Lakes, Laurentian and Pacific pilotage authorities) and will replicate the content of those regulations into the General Pilotage Regulations (i.e. into regulations made by the GiC) in order to ensure a continuation of the current regulatory regime while bringing it into alignment with the Act. Since the contents of the four pilotage authority regulations are being reproduced within the GiC-made General Pilotage Regulations, the GiC regime being introduced by this regulatory proposal is not new and will therefore be familiar to regulated parties.

This proposal will primarily replace the word “Authority” with “Minister” in all clauses related to the issuance of pilot licences and pilotage certificates. It will also make minor regulatory amendments, such as replacing outdated language (e.g. section 4.5 of the Great Lakes Pilotage Regulations will be repealed because it was a transitional provision dated to apply until December 31, 2012), aligning with amendments to the Criminal Code [e.g. paragraphs 16(b) and (c) of the Atlantic Pilotage Authority Regulations identify sections 249 and 253 of the Criminal Code; however, the Code has since been amended and these sections have now been renumbered]. It also repeals the sections of the General Pilotage Regulations which outlined the procedure at hearings (sections 15 to 29 inclusively), as section 38.83 of the Act describes the process for reviews of decisions related to pilot licences or pilotage certificates and the Minister’s authority.

This regulatory proposal will also reinsert the words “or engaged in coastal trade” in paragraph 25.10(3)(b) of the General Pilotage Regulations which sets out the requirements for waivers in the Pacific pilotage region. The intention of this amendment is to prevent any supply chain impacts the removal of this concept in 2020 may have introduced, and to provide TC time to analyze this matter and make recommendations for possible changes in the proposed Marine Pilotage Regulations. Reintroducing “coastal trade” as part of the criteria considered for issuing a waiver is anticipated to have no impacts on safety, as all other elements of the 2020 amendments to the Pacific Pilotage Regulations remain unchanged.

These regulations will remain in force until such time as new Marine Pilotage Regulations are implemented. Those future regulations will overhaul the pilotage regulatory regime in Canada and will harmonize, “clean up” and align to the extent possible the substantive requirements in each region. They will also introduce management system provisions and an administrative monetary penalties regime. It is anticipated that those regulations will be prepublished in the Canada Gazette, Part I, in late fall of 2022.

Regulatory development

Consultation

TC officials have broadly engaged stakeholders and pilotage authorities on the implementation of the Act’s amended provisions, and on the transition to the new national pilotage framework. In 2017, the Government initiated a review of the Act to update the legislative and regulatory framework for the delivery of pilotage services into the future. The Pilotage Act Review (the Review) was undertaken from May 2017 to March 2018. The Review process utilized a variety of means to extensively engage with a wide range of stakeholders from across the country including interested Indigenous peoples and coastal communities.

Following completion of the Review and publication of the Review’s Report, TC officials further engaged with stakeholders and Indigenous peoples through in-person meetings and teleconferences, providing a forum for participants to express their perspectives on the Report and to discuss the modernization of the Act. Stakeholders were also highly engaged throughout the process of reviewing the Act. The legislative process provided additional opportunities for TC to receive input from individuals and organizations. During the legislative process, input was provided by several stakeholders including the pilotage authorities, pilot corporations, pilots, and shipping companies. The amendments to the Act were met with widespread support from stakeholders across the marine sector.

Since the Budget Implementation Act, 2019, No. 1 received royal assent in June 2019, TC officials have continued to engage stakeholders and pilotage authorities on the implementation of the Act’s amended provisions, and on the transition to the new national pilotage framework. Although the main forum that has been used to provide updates and to seek input on the modernization implementation has been the Canadian Marine Advisory Council national meetings, TC departmental officials have also conducted numerous bilateral, multilateral and regional meetings with a variety of stakeholders and have welcomed all verbal and written input.

More recent consultations were led with the four pilotage authorities regarding the need to align regulatory authorities for the issuance of pilot licences and pilotage certificates with the Act. TC met virtually with the pilotage authorities in February 2022, and no concerns were raised. Pilotage authorities were advised of and supported the need for this regulatory proposal. Additionally, an ad hoc meeting of the Canadian Marine Advisory Council was held on March 3, 2022, with industry stakeholders and no concerns were raised.

Finally, in March 2022, TC consulted with the Pacific Pilotage Authority, as well as U.S. counterparts on the proposed reinsertion of “coastal trade” into the General Pilotage Regulations. The Pacific Pilotage Authority had no concerns about this change, and the U.S. is looking forward to the change coming into force as soon as possible. TC will consult on this issue more broadly for the upcoming Marine Pilotage Regulations, to determine whether any further changes are required.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether the proposal gives rise to modern treaty implications. The assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and no modern treaty obligations were identified.

Instrument choice

At the present time, the Minister of Transport has the authority, pursuant to section 38.1 of the Act, to issue pilot licences and pilotage certificates, and has been doing so to ensure the continued flow of maritime traffic in Canada. However, the current regulations are inconsistent with this new ministerial power thereby creating a discordance between the Act and the current regulations. Given that the bulk of the licences and certificates expire on June 9, 2022, it is important to align the legislative and regulatory authorities before that time.

As such, a regulatory approach to ensure alignment between the existing regulations and the Act, which is currently in force, is the only viable solution. To ensure a continuation of the current regulatory regime while aligning it with the Act, it is crucial that the four pilotage regulations that are specific to each of the pilotage authorities be repealed with their content incorporated into the General Pilotage Regulations before June 9, 2022.

Also, as the notion of “coastal trade” was removed from the Pacific Pilotage Regulations in 2020, a regulatory amendment is needed to reintroduce this concept to the section dealing with the Pacific pilotage region in the General Pilotage Regulations.

Regulatory analysis

These amendments will align the regulatory regime with the provisions of the Act by clarifying the Minister’s authority to issue pilot licences and pilotage certificates. In addition, the reinsertion of “or engaged in coastal trade” in paragraph 25.10(3)(b) of the General Pilotage Regulations will ensure that the long-standing marine pilotage reciprocity arrangement between Canada and the U.S. remains in place without disrupting the supply chain.

Baseline and regulatory scenarios

Under the baseline scenario, the four regional pilotage authority regulations do not specify the Minister’s authority. The Pacific Pilotage Authority will review and make decisions on application eligibility to issue waivers for compulsory pilotage areas. Currently, U.S. vessel operators travelling in the Pacific pilotage region who do not meet current requirements under the Pacific Pilotage Regulations have not been issued waivers. Instead, these vessel operators are required to have Canadian pilots on board or to engage in riskier navigation by travelling outside compulsory pilotage areas.

The fourth Order in Council, published on June 9, 2021, which transferred the authority to issue pilot licences and pilotage certificates from the pilotage authorities to the Minister of Transport is part of the baseline.

Under the regulatory scenario, the four regional pilotage authority regulations will be repealed and their requirements moved into the General Pilotage Regulations while clarifying that the Minister of Transport has the authority to issue pilot licences and pilotage certificates. The Pacific Pilotage Authority will continue to review and approve applications for waivers in compulsory pilotage areas which meet the requirements, including an acceptance of qualifying hours engaged in coastal trade. These amendments will allow for greater flexibility in sea time experience for the issuance of waivers for compulsory pilotage areas to U.S. vessel operators travelling in the Pacific pilotage region.

Benefits and costs

Aligning the regulatory regime with the provisions of the Act

The regulatory proposal is primarily administrative in nature as it aims to align with the Act to ensure that the authority to issue pilot licences and pilotage certificates is clearly with the Minister of Transport. This proposal will not introduce any new requirements to TC’s current process of issuance. As the fourth Order in Council, published on June 9, 2021, has already transferred such authority from the pilotage authorities to the Minister of Transport, the costs to TC associated with transferring the authority accrue through the amendments to the legislation, not the regulatory proposal. As such, the regulatory proposal will not impose costs to TC or to stakeholders.

Re-insertion of “or engaged in coastal trade” in paragraph 25.10(3)(b) of the General Pilotage Regulations

Re-inserting the words “or engaged in coastal trade” in paragraph 25.10(3)(b) of the General Pilotage Regulations will not directly affect Canadian vessel operators because the Pacific Pilotage Authority does not issue waivers for compulsory pilotage areas to Canadian vessels in Canadian waters. This amendment will ensure that U.S. authorities continue issuing exemptions to Canadian vessel operators travelling in U.S. jurisdictions. Keeping the long-standing marine pilotage reciprocity arrangement between Canada and the U.S. intact will also indirectly benefit Canadian vessel owners and the Canadian public as the shipping supply chain will not be disrupted. More importantly, this amendment will allow TC time to analyze and consult before recommending changes in the proposed Marine Pilotage Regulations.

This amendment will also benefit U.S. vessel operators travelling within the Pacific pilotage region, as they will no longer need a Canadian pilot on board if they meet the criteria to apply for a waiver, nor will they have to choose to travel riskier waters outside the compulsory pilotage region. As this is the only amendment proposed to the Pacific pilotage region section, all benefits associated with this section are expected to be maintained when it is included as part of the General Pilotage Regulations and there will be no additional costs because of this change.

Small business lens

Analysis under the small business lens concluded that this regulatory proposal will not impact Canadian small businesses. The proposal is administrative in nature and will not impose direct costs on Canadian businesses.

One-for-one rule

The one-for-one rule applies since the proposal repeals four existing regulatory titles; as a result, four titles out are counted under the rule. The proposal will repeal the four pilotage authority regulations and replicate their contents in the existing General Pilotage Regulations.

Regulatory cooperation and alignment

This regulatory proposal is not related to a work plan or commitment under a formal regulatory cooperation forum (e.g. the Canada-United States Regulatory Cooperation Council, the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, or the Canada-European Union Regulatory Cooperation Forum).

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and TC’s Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed for this regulatory proposal and a Sustainable Transportation Assessment was completed. No environmental effects are anticipated because of this regulatory proposal. The assessment considered potential effects to the environmental goals and targets of the Federal Sustainable Development Strategy.

Gender-based analysis plus (GBA+)

As this regulatory proposal would only align the regulatory regime with the provisions of the Act to ensure authority rests with the Minister of Transport (rather than the pilotage authorities), it does not include any specific measures that would result in different impacts on men, women or other groups. No impacts are expected on any groups as a result of this regulatory proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations would come into force on the day upon which they are registered.

Compliance and enforcement

Compliance and enforcement strategies will not change as a result of this regulatory proposal. Amendments to the Pilotage Act (e.g. section 46.1), which came into force in June 2021, provide the Minister with the authority to undertake compliance and enforcement. This approach will not be affected or impacted because of this regulatory package.

Contact

Julie Bédard
Director Marine Pilotage Programs
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613‑302‑9634
Email: Julie.Bedard@tc.gc.ca