Pilotage Act (R.S.C., 1985, c. P-14)

Marginal note:Proof of violation by ship

46.38 It is sufficient proof that a ship has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the ship, whether or not the person has been identified.

Marginal note:Party to violation committed by ship

• 46.39 (1) If a ship commits a violation under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the ship has been proceeded against under sections 46.27 to 46.36.

• Marginal note:Party to violation committed by corporation

  (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 46.27 to 46.36.

Marginal note:Violation by employee or agent or mandatary

46.4 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Marginal note:Direction to ship

46.41 For the purposes of a proceeding against a ship for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the ship if

• (a) it is given to the authorized representative or a person in charge of the ship; or

• (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship.

Marginal note:Limitation or prescription period

46.42 A notice of violation may be issued no later than two years after the day on which an authorized person becomes aware of the violation.

Marginal note:Certificate

46.43 A document that purports to have been issued by an authorized person and that certifies the day on which they became aware of a violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the authorized person became aware of the violation on that day.

Public Record

Marginal note:Disclosure of notices of violation and default

46.44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty.

Marginal note:Notations removed

• 46.45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default.

• Marginal note:Duty to notify

  (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person or ship in writing, and provide the grounds for that opinion.

• Marginal note:Contents of notice

  (3) The notice is to include the place at which and the date, being 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review.

• Marginal note:Request for review

  (4) The person or ship may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2).

• Marginal note:Date, time and place for review

  (5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.

• Marginal note:Review procedure

  (6) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• 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

  (8) The person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (9) A person or ship that does not appear at the 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

  (10) 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.

Regulations

Marginal note:Regulations

46.46 The Governor in Council may make regulations

• (a) designating as a violation the contravention of

  • (i) any specified provision of this Act or of the regulations, or

  • (ii) any direction given under any specified provision of this Act;

• (b) establishing a penalty, or a range of penalties, in respect of a violation, up to the maximum amount set out in subsection 46.26(4);

• (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;

• (d) setting out the total maximum amount payable for a related series or class of violations;

• (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and

• (f) respecting persons that may request a review on behalf of a ship in relation to an alleged violation by the ship.

Offences and Punishment

Marginal note:Proceeding without a pilot — persons

• 47 (1) The owner, master or person in charge of a ship commits an offence if the ship is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of 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:Proceeding without a pilot — ship

  (2) A ship commits an offence if it is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of 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

  (3) Subsections (1) and (2) do 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:Punishment — individuals

  (4) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Punishment — other persons

  (5) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000.

• Marginal note:Punishment — ships

  (6) Every ship that commits an offence under subsection (2) is liable on summary conviction to a fine of not more than $1,000,000.

Marginal note:Offence — persons

• 48 (1) Every person commits an offence that contravenes

  • (a) a provision of this Act, other than section 15.3 or subsection 47(1);

  • (b) a provision of the regulations;

  • (c) a direction under subsection 46.12(2) or (3);

  • (d) a direction under subsection 46.22(1); or

  • (e) a direction under section 52.3.

• Marginal note:Punishment — individuals

  (2) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000 or to imprisonment for a term of not more than 12 months, or to both.

• Marginal note:Punishment — other persons

  (3) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000.

Marginal note:Contravention of section 15.3

48.1 A person that contravenes section 15.3 commits an offence and is liable on summary conviction to a fine of not more than $10,000 for each day on which the offence is committed or continued but is not liable to imprisonment.

Marginal note:Offence — ships

• 48.11 (1) Every ship commits an offence that contravenes

  • (a) subsection 52.1(2) or 52.2(5);

  • (b) a provision of the regulations; or

  • (c) a direction given under paragraph 46.12(3)(b) or subsection 46.12(4).

• Marginal note:Punishment

  (2) Every ship that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000.

Marginal note:Continuing offences

48.2 An offence under section 48 or 48.11 that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Court order

48.3 If a person is convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

• (a) prohibiting the person from performing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

• (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;

• (c) prohibiting the person from exercising the rights or privileges of a licence, pilotage certificate, waiver or exemption order under this Act for the period or at the times and places that may be specified in the order; and

• (d) prohibiting the person from operating a ship or providing services essential to the operation of a ship for the period or at the times and places that may be specified in the order.

Marginal note:Service on ship

• 48.4 (1) If a ship is charged with an offence under this Act, the summons is to be served

  • (a) by delivering it to the authorized representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the ship.

• Marginal note:Appearance at trial

  (2) If a ship is charged with an offence under this Act, the ship may appear by counsel or representative before the court. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

Marginal note:Proof of offence by ship

48.5 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the ship, whether or not the person has been identified.