Pilotage Act (R.S.C., 1985, c. P-14)

Financial Provisions

Marginal note:No appropriation

36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies.

Marginal note:Borrowing

36 An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council.

Marginal note:Power to invest

37 An Authority may, with the approval of the Minister of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset.

Marginal note:Payment to Minister

37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister.

Marginal note:Auditor

38 The Auditor General of Canada is the auditor of each Authority.

Conduct of Ship Subject to Compulsory Pilotage

Marginal note:Prohibition where pilotage compulsory

• 38.01 (1) No individual shall have the conduct of a ship within a compulsory pilotage area unless they are a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area.

• Marginal note:Non-application

  (2) Subsection (1) does not apply if

  • (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1);

  • (b) the relevant Authority waives compulsory pilotage; or

  • (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met.

• Marginal note:Pilot responsible to master

  (3) A licensed pilot or pilotage certificate holder who has the conduct of a ship is responsible to the master for the safe navigation of the ship.

• Marginal note:When disqualified from pilotage

  (4) No licensed pilot or pilotage certificate holder shall have the conduct of a ship within a compulsory pilotage area or be on duty on board a ship under a regulation requiring a ship to have a licensed pilot or a pilotage certificate holder on board if

  • (a) they know of any physical or mental disability that prevents them from meeting the qualifications required for their licence or pilotage certificate;

  • (b) their ability is impaired by alcohol or a drug or from any other cause; or

  • (c) their licence or pilotage certificate is suspended.

• Marginal note:Prohibition — alcohol or drug consumption

  (5) No licensed pilot or pilotage certificate holder shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship.

Marginal note:Power to take conduct of ship

• 38.02 (1) If the master of a ship believes on reasonable grounds that the actions of a licensed pilot or a pilotage certificate holder on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship in place of the licensed pilot or pilotage certificate holder or relieve the licensed pilot from duty on board ship.

• Marginal note:Master to report

  (2) The master of a ship who takes the conduct of it in accordance with subsection (1) shall, within three days of taking the conduct of it, file a written report with the Minister that sets out the master’s reasons for doing so.

Licences and Pilotage Certificates

Marginal note:Issue of licence

• 38.1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations.

• Marginal note:Issue of pilotage certificate

  (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant

  • (a) meets the qualifications provided for in the regulations; and

  • (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area.

• Marginal note:Citizenship

  (3) To be eligible for a licence or pilotage certificate, the applicant shall be

  • (a) a Canadian citizen; or

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Minister, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

Marginal note:Refusal to issue

• 38.2 (1) The Minister may refuse to issue a licence or pilotage certificate if

  • (a) the applicant has acted fraudulently or improperly or has misrepresented a material fact;

  • (b) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it; or

  • (c) the applicant has not paid a fee for services related to the licence or pilotage certificate or has not paid a fine or penalty imposed on them under this Act.

• Marginal note:Notice after refusal to issue

  (2) The Minister shall, immediately after refusing to issue a licence or pilotage certificate, give the applicant a notice confirming the refusal and setting out the grounds on which the Minister has refused to issue the licence or pilotage certificate.

Marginal note:Request for review

• 38.3 (1) An applicant who receives a notice under subsection 38.2(2) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision.

• Marginal note:Date, time and place for review

  (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the applicant of the date, time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (4) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

Marginal note:Validity period

• 38.4 (1) A licence or pilotage certificate is valid for the period specified by the Minister.

• Marginal note:Possession of licence or pilotage certificate

  (2) No person other than the individual to whom it was issued shall possess a licence or pilotage certificate.

Marginal note:Production of licence or pilotage certificate

38.5 Every licensed pilot or pilotage certificate holder shall produce their licence or pilotage certificate to the Minister on request.

Marginal note:Lost licence or pilotage certificate

38.6 The Minister may issue a replacement for a mislaid, lost or destroyed licence or pilotage certificate if the individual to whom it was issued applies in the form and manner specified by the Minister and provides the information and the documents specified by the Minister.

Marginal note:Suspension, cancellation or refusal to renew

• 38.7 (1) Subject to section 38.8, the Minister may suspend, cancel or refuse to renew a licence or pilotage certificate if the Minister is satisfied that

  • (a) the individual to whom it was issued no longer meets the qualifications provided for in the regulations for the issuance of the licence or pilotage certificate;

  • (b) in the case of a pilotage certificate, the individual to whom it was issued no longer has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area;

  • (c) a condition attached to the licence or pilotage certificate has been contravened;

  • (d) the licence or pilotage certificate was obtained by fraudulent or improper means or a misrepresentation of a material fact;

  • (e) the individual to whom it was issued has not paid a fine or penalty imposed on them under this Act;

  • (f) the individual to whom it was issued has contravened a provision of this Act or the regulations; or

  • (g) in the case of a refusal to renew,

    • (i) the applicant has not paid a fee for services related to the licence or pilotage certificate, or

    • (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it.

• Marginal note:Return of licence or pilotage certificate

  (2) If a licence or pilotage certificate is suspended or cancelled, the individual to whom it was issued shall return it, as soon as possible, to the Minister.

Marginal note:Notice before decision

38.8 The Minister shall, before suspending or cancelling a licence or pilotage certificate, give the individual to whom it was issued 30 days’ notice of the proposed suspension or cancellation. The notice is to set out the grounds on which the Minister proposes to suspend or cancel the licence or pilotage certificate.

Marginal note:Exception

• 38.81 (1) The Minister may suspend or cancel a licence or pilotage certificate without complying with section 38.8 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

• Marginal note:Decision within 24 hours

  (2) The Minister’s application is to be heard by a member of the Tribunal, sitting alone, whose determination is to be made within 24 hours after the application is filed with the Tribunal.

• Marginal note:Appeal

  (3) The Minister may, within 24 hours after the determination, appeal the determination to the Tribunal.

• Marginal note:Decision within 48 hours

  (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

Marginal note:Notice after decision

38.82 Except if a notice is given under section 38.8, the Minister shall, immediately after suspending, cancelling or refusing to renew a licence or pilotage certificate, give the individual to whom it was issued a notice that confirms the suspension, cancellation or refusal and that sets out the grounds on which the Minister suspended, cancelled or refused to renew the licence or pilotage certificate.

Marginal note:Request for review

• 38.83 (1) Subject to subsection (2), the individual who is referred to in a notice under section 38.8 or 38.82 may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

• Marginal note:Exception

  (2) The request is not to be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the licence or pilotage certificate are set out in paragraph 38.7(1)(e) or subparagraph 38.7(1)(g)(i).

• Marginal note:Effect of request

  (3) The filing of a request for a review in respect of a notice under section 38.8 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 38.84.

• Marginal note:Date, time and place for review

  (4) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the individual of the date, time and place in writing.

• Marginal note:Review procedure

  (5) The member of the Tribunal assigned to conduct the review shall provide the Minister and the individual with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Individual not compelled to testify

  (6) In a review of a decision made under paragraph 38.7(1)(f), the individual is not required, and is not to be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.