Pilotage Act (R.S.C., 1985, c. P-14)

Short Title

Marginal note:Short title

1 This Act may be cited as the Pilotage Act.

Interpretation

Marginal note:Definitions

1.1 The definitions in this section apply in this Act.

Agency

Agency means the Canadian Transportation Agency. (Office)

apprentice pilot

apprentice pilot means an individual who is training to become a licensed pilot. (apprenti-pilote)

Authority

Authority means a Pilotage Authority established by section 3. (Administration)

authorized representative

authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

compulsory pilotage

compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder. (pilotage obligatoire)

compulsory pilotage area

compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. (zone de pilotage obligatoire)

licence

licence means a licence issued by the Minister under subsection 38.1(1). (brevet)

licensed pilot

licensed pilot means an individual who holds a valid licence. (pilote breveté)

Minister

Minister means the Minister of Transport. (ministre)

person

person includes a partnership, an unincorporated organization, an association and a trust. (personne)

person in charge

person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable)

pilot

pilot means any individual who does not belong to a ship and who has the conduct of it. (pilote)

pilotage certificate

pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). (certificat de pilotage)

pilotage certificate holder

pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage)

pilotage charge

pilotage charge means a charge referred to in subsection 33(1). (redevances de pilotage)

regular member of a ship’s complement

regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. (membre régulier de l’effectif du navire)

ship

ship includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion. (navire)

Tribunal

Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

Purpose and Principles

Marginal note:Purpose and principles

2 The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles:

• (a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment;

• (b) that pilotage services be provided in an efficient and cost-effective manner;

• (c) that risk management tools be used effectively and that evolving technologies be taken into consideration; and

• (d) that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient.

Pilotage Authorities

Establishment

Marginal note:Pilotage Authorities established

• 3 (1) Each Pilotage Authority named in the schedule is hereby established as a body corporate consisting of a Chairperson and not more than six other members.

• Marginal note:Appointment of Chairperson of Authority

  (2) On the recommendation of the Minister and after consultation with members of the Authority and with the users of its services, the Governor in Council may appoint the Chairperson of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate.

• Marginal note:Other members

  (3) Each of the other members of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

• Marginal note:Full- or part-time

  (3.1) The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time.

• Marginal note:Ineligibility

  (3.2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority.

• Marginal note:Head office

  (4) An Authority shall have its head office at the place named in respect of that Authority in the schedule.

Marginal note:Alteration

4 The Governor in Council may, by order,

• (a) extend the boundaries of any region set out in the schedule to include any Canadian waters not included in the schedule;

• (b) change the name of an Authority;

• (c) change the place of the head office of an Authority; and

• (d) establish new Authorities and, in respect of any new Authority, prescribe the boundaries of its region and name the place at which the head office shall be situated and any new Authority shall be deemed to be an Authority established under subsection 3(1) and any such region shall be deemed to be a region set out in the schedule.

5 [Repealed, 2019, c. 29, s. 229]

6 to 8 [Repealed, 1998, c. 10, s. 146]

Marginal note:Not agent of Her Majesty

9 An Authority is not an agent of Her Majesty.

Organization

Marginal note:Vice-Chair­person

10 The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson.

Marginal note:Reappointment

11 On the expiration of the term of office of a member of an Authority, the member is eligible for reappointment in the same or another capacity.

Marginal note:Temporary substitute member

12 If a member of any Authority is unable at any time to perform the duties of office of the member by reason of absence or incapacity, the Governor in Council may, on such terms and conditions as the Governor in Council may prescribe, appoint a temporary substitute member.

Marginal note:Chairperson

• 13 (1) Where the Chairperson of an Authority serves full-time, the Chairperson has the direction and control of the business of the Authority and may exercise such powers as may be conferred on the Chairperson by by-law of the Authority.

• Marginal note:Part-time

  (1.1) Where the Chairperson of an Authority serves part-time, the board appoints a chief executive officer who has the direction and control of the business of the Authority and who may exercise such powers as may be conferred on the chief executive officer by by-law of the Authority.

• Marginal note:When Vice-Chair­person to act

  (2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson.

Marginal note:Remuneration

• 14 (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.

• Marginal note:Members’ allowances

  (2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority.

• Marginal note:Expenses

  (3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from their ordinary place of residence in the course of their duties under this Act.

Marginal note:Employment of staff

• 15 (1) Subject to subsection (2), an Authority may employ such officers and employees, including licensed pilots and apprentice pilots, as are necessary for the proper conduct of the work of the Authority.

• Marginal note:Contract with body corporate for services

  (2) Where a majority of licensed pilots within the region, or any part thereof, set out in respect of an Authority in the schedule who form or are members or shareholders of a body corporate elect not to become employees of the Authority, the Authority may contract with that body corporate for the services of licensed pilots and the training of apprentice pilots in the region or part thereof where the contract is to be effective, and the Authority shall not employ pilots or apprentice pilots in the region or that part thereof where such a contract is in effect.

• Marginal note:Pilots may join body corporate

  (3) Any body corporate that contracts, pursuant to subsection (2), with an Authority shall permit a licensed pilot or apprentice pilot in the region or part thereof to which the contract relates who is not a member or shareholder of that body corporate to become a member or shareholder on the same terms and conditions as the licensed pilots and apprentice pilots who formed or are members or shareholders of that body corporate.

Marginal note:Renewal of contract

• 15.1 (1) Where a contract for services referred to in subsection 15(2) does not provide a mechanism for the resolution of disputes in the contract renewal process, fifty days before the contract expires, the parties to the contract shall jointly choose a mediator and an arbitrator and shall refer to the mediator all issues related to the renewal of the contract that remain unresolved.

• Marginal note:No agreement

  (2) The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable.

• Marginal note:Mediation

  (3) The mediator has thirty days in which to bring the parties to agreement on the outstanding issues, at the end of which time the parties to the contract shall refer all of the remaining outstanding issues to the arbitrator.

Marginal note:Final offers

• 15.2 (1) The parties to the contract shall each submit a final offer in respect of the outstanding issues to each other and to the arbitrator within five days after the date on which those issues are referred to the arbitrator.

• Marginal note:Decision of arbitrator

  (2) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, choose one or other of the final offers in its entirety.

• Marginal note:Effect of decision

  (3) The final offer chosen by the arbitrator is final and binding and becomes part of the new contract for services that is effective on the day after the former contract expires.

• Marginal note:Sharing of costs

  (4) The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator.

Marginal note:Continuation of services

15.3 A body corporate with which an Authority has contracted for services under subsection 15(2) and the members and shareholders of the body corporate are prohibited from refusing to provide pilotage services while a contract for services is in effect or being negotiated.