Pilotage Act (R.S.C., 1985, c. P-14)

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.

Marginal note:Liability for pilotage charges

42 The owner, master and agent of a ship are jointly and severally liable to pay any pilotage charges.

Marginal note:Pilotage charges payable for leading

43 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship.

Marginal note:Pilotage charge — proceeding without pilot

44 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot.

Marginal note:No clearance if pilotage charges unpaid

45 No customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid.

Marginal note:Canada Shipping Act, 2001 documents

• 45.1 (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate, licence or permit — under the Canada Shipping Act, 2001, if the applicant or the holder of the document

  • (a) has contravened a direction given under subsection 46.12(3) or (4); or

  • (b) has not paid a fine or penalty imposed on them under this Act.

• Marginal note:Corporation

  (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation

  • (a) has contravened a direction given under subsection 46.12(3) or (4); or

  • (b) has not paid a fine or penalty imposed on them under this Act.

St. Lambert Lock

Marginal note:Pilotage to and from St. Lambert Lock

• 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area,

  • (a) a pilot licensed for a compulsory pilotage area that is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;

  • (b) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and

  • (c) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.

• Marginal note:Revenue from St. Lambert Lock

  (2) The Governor in Council may make regulations prescribing procedures to ensure the equitable distribution, between the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority, of the revenue received for pilotage through St. Lambert Lock.

Electronic Administration and Enforcement

Marginal note:Powers

• 46.01 (1) The Minister may administer and enforce this Act using electronic means.

• Marginal note:Authorized persons

  (2) For greater certainty, any person or class of persons who are designated under section 46.1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegation

  (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister.

• Marginal note:Decision by automated system

  (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister.

Marginal note:Conditions for electronic version

46.02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

• (b) any other requirements that may be provided for in the regulations have been met.

Marginal note:Regulations

• 46.03 (1) The Governor in Council may make regulations respecting the application of section 46.01 and paragraph 46.02(b), including regulations respecting

  • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

  • (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received.

• Marginal note:Requirement to use electronic means

  (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means.

• Marginal note:Minister’s power

  (3) The regulations may prescribe the circumstances in which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

• Marginal note:Electronic payments

  (4) The regulations may

  • (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system;

  • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

  • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

Enforcement

Designation of Authorized Persons

Marginal note:Designation by Minister

46.1 The Minister may designate persons or classes of persons as authorized persons for the purposes of the administration and enforcement of this Act and may limit in any manner that he or she considers appropriate the powers that the authorized persons may exercise under this Act.

Marginal note:Certificate of designation

46.11 The Minister shall provide every authorized person with a certificate of their designation and, if the authorized person’s powers are limited under section 46.1, the certificate is to specify the powers that the authorized person may exercise.

Compliance Measures

Marginal note:Authority to enter

• 46.12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that

  • (a) there is anything to which this Act applies;

  • (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or

  • (c) there is any book, record, electronic data or other document relating to the application of this Act.

• Marginal note:Powers on entry

  (2) The authorized person may, for that purpose,

  • (a) examine the place and anything in the place;

  • (b) use any means of communication or cause it to be used;

  • (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;

  • (d) prepare or cause to be prepared any document, in the form of a printout or other intelligible output, from the data;

  • (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;

  • (f) use any copying equipment or cause it to be used;

  • (g) conduct tests or analyses;

  • (h) take measurements or samples;

  • (i) take photographs or make recordings or sketches;

  • (j) remove anything for the purposes of examination, testing or copying;

  • (k) direct any person to put anything into operation or to cease operating it;

  • (l) prohibit or limit access to all or part of the place or to anything in the place; and

  • (m) direct any person to establish their identity to the authorized person’s satisfaction.

• Marginal note:Powers — direction to provide information

  (3) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

  • (a) direct any person to provide any information; and

  • (b) direct a ship, if it is about to enter or is within Canadian waters, to provide any information.

• Marginal note:Powers — direction to ship

  (4) If an authorized person has reasonable grounds to believe that an offence under this Act has been committed, they may direct a ship that is about to enter or is within Canadian waters

  • (a) to stop;

  • (b) to proceed through those waters, or to proceed to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify;

  • (c) to proceed out of those waters by the route and in the manner that they may specify; or

  • (d) to remain outside those waters.