Pilotage Act (R.S.C., 1985, c. P-14)

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.

Marginal note:Right of appeal

• 38.84 (1) Both the Minister and the individual may appeal to the Tribunal a determination made under subsection 38.3(4) or 38.83(7). The time limit for making an appeal is 30 days after the determination.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

General

Marginal note:Her Majesty or Authority not liable

39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder.

Marginal note:Limitation of liability

• 40 (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill.

• Marginal note:Idem

  (2) Where a body corporate contracts with an Authority pursuant to subsection 15(2) for the services of a licensed pilot, the body corporate is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by the fault, neglect or want of skill of the pilot.

Marginal note:Liability of owner

41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that

• (a) the ship was under the conduct of a licensed pilot; or

• (b) the damage or loss was occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot.