General Pilotage Regulations (SOR/2000-132)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Pilotage Act. (Loi)

applicant

applicant means an applicant for a licence or pilotage certificate. (demandeur)

arrangement of ships

arrangement of ships means a number of ships travelling together that are joined by lines or other means. (ensemble de navires)

certificate

certificate[Repealed, SOR/2012-80, s. 1]

deck watch officer

deck watch officer[Repealed, SOR/2012-80, s. 1]

designated physician

designated physician means a physician who is

• (a) knowledgeable about pilotage duties; and

• (b) designated by a Minister or who practises medicine in an occupational medicine clinic that is designated by a Minister. (médecin désigné)

gross tonnage

gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001. (jauge brute)

holder

holder means a holder of a licence or pilotage certificate. (titulaire)

physician

physician means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. (médecin)

pleasure craft

pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

TP 11343

TP 11343[Repealed, SOR/2012-80, s. 1]

PART 1Licences and Pilotage Certificates — General

Health Qualifications

Physical and Mental Fitness for Pilotage Duties

• 2 (1) Every applicant or holder shall undergo a medical examination, at the time or within the interval prescribed in this subsection, conducted by a designated physician to determine their physical and mental fitness for pilotage duties

  • (a) in the case of an applicant, before the licence or certificate is issued; and

  • (b) in the case of a holder, at least once every two years.

• (2) Paragraph (1)(a) does not apply to an applicant who intends to perform pilotage duties in an area in a pilotage region and

  • (a) who is the holder of a valid licence or pilotage certificate for another area in the same pilotage region; and

  • (b) whose medical report is valid.

• (3) An applicant or holder is physically and mentally fit for pilotage duties if the applicant or holder

  • (a) does not suffer from any of the disabilities referred to in subsection 3(1); and

  • (b) meets the medical standards referred to in subsection 3(2).

• (4) Despite subsection (1), an applicant or holder shall undergo additional medical examinations if the designated physician requires the additional examinations in order to monitor the physical or mental fitness of the applicant or holder.

Medical Examinations

• 3 (1) The designated physician conducting a medical examination shall determine whether the applicant or holder has any of the following disabilities:

  • (a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;

  • (b) a disorder that could prevent the applicant or holder from reacting effectively while performing pilotage duties;

  • (c) a disorder that could prevent the applicant or holder from having the strength, agility or ability necessary for performing pilotage duties in all weather and sea conditions likely to be encountered while performing pilotage duties;

  • (d) a disorder that could prevent the applicant or holder from speaking in a clear and prompt manner while performing pilotage duties;

  • (e) a condition that could endanger others, taking into account the duration of pilotage duties and the conditions on board ship;

  • (f) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or

  • (g) an active psychiatric disorder, including drug or alcohol dependence or abuse.

• (2) The designated physician conducting a medical examination shall

  • (a) take into account, when assessing an applicant or holder, the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations; and

  • (b) determine if the applicant or holder has depth perception.

Medical Reports

• 4 (1) A designated physician shall, after completing the medical examination of an applicant or holder, issue a medical report to the Minister.

• (2) The designated physician shall set out in the medical report an assessment of the applicant or holder as

  • (a) unfit for pilotage duties;

  • (b) fit for pilotage duties with limitations; or

  • (c) fit for pilotage duties without limitations.

• (3) A designated physician who assesses an applicant or holder as fit for pilotage duties with limitations shall state those limitations in the medical report.

Validity of Medical Reports

• 5 (1) Unless a re-examination is required under section 6, and subject to subsection (2), a medical report remains valid for a period of not more than two years beginning on the day of its issuance.

• (2) A physician may, taking into account the state of health of the applicant or holder examined in relation to pilotage duties, issue a medical report that specifies a shorter period of validity than the period prescribed in subsection (1).

Re-examination

• 6 (1) The Minister may at any time require a medical re-examination if

  • (a) the Minister has reasonable grounds to believe that the state of health of the applicant or holder may constitute a risk to the safety of the ship or of persons on board the ship; or

  • (b) the applicant or holder requests it.

• (2) An applicant or holder who has reasonable grounds to believe that they are no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Minister and request a medical re-examination.

Disagreement with a Medical Report

• 7 (1) An applicant or holder who disagrees with the medical report may, within 15 days after being informed of its content, make a request in writing to the Minister to submit to a medical examination by a physician chosen by the applicant or holder.

• (2) The physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

• (3) If the physician disagrees with the assessment of the designated physician, the Minister shall, on the recommendation of both physicians, appoint a third physician to conduct a medical examination of the applicant or holder.

• (4) The physician appointed by the Minister shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

• (5) The report of the appointed physician is final and binding on the Minister and the applicant or holder.

Aids to Vision and Hearing

8 A holder who is required to use an aid to vision or hearing in order to meet the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations shall, while performing pilotage duties,

• (a) use the aid;

• (b) in the case of an aid to vision, possess at least two of them; and

• (c) in the case of an aid to hearing, possess replacement batteries for it.

Navigational Qualifications

9 [Repealed, SOR/2012-80, s. 7]

Basic Certificate of Competency Qualifications

• 10 (1) An applicant who intends to perform pilotage duties in a compulsory pilotage area set out in column 1 of the table to this subsection shall hold the certificate of competency set out in column 2 or, if more than one certificate of competency is set out in that column, at least one of those certificates.

  Item	Column 1	Column 2
  	Compulsory Pilotage Area	Required Certificate of Competency
  	Atlantic Pilotage Authority
  1	The St. John’s compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal
  2	The Holyrood compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal
  3	The Placentia Bay compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal
  4	The Voisey’s Bay compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal
  5	The Bay of Exploits compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  6	The Humber Arm compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  7	The Stephenville compulsory pilotage area, in Newfoundland and Labrador	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  8	The Halifax compulsory pilotage area, in Nova Scotia	Master Mariner Master, Near Coastal
  9	The Cape Breton compulsory pilotage area, in Nova Scotia	Master Mariner Master, Near Coastal
  10	The Pugwash compulsory pilotage area, in Nova Scotia	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  11	The Saint John compulsory pilotage area, in New Brunswick	Master Mariner Master, Near Coastal
  12	The Miramichi compulsory pilotage area, in New Brunswick	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  13	The Restigouche compulsory pilotage area, in New Brunswick	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  14	The Charlottetown compulsory pilotage area, in Prince Edward Island	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  15	The Confederation Bridge compulsory pilotage area, in Prince Edward Island	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  16	Any compulsory pilotage area in the region of the Atlantic Pilotage Authority that is not set out in items 1 to 15	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal
  	Laurentian Pilotage Authority
  17	Any compulsory pilotage area in the region of the Laurentian Pilotage Authority	Master, Near Coastal
  	Great Lakes Pilotage Authority
  18	Any compulsory pilotage area in the region of the Great Lakes Pilotage Authority	Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal Chief Mate Chief Mate, Near Coastal Master 3 000 Gross Tonnage, Domestic
  	Pacific Pilotage Authority
  19	Any compulsory pilotage area in the region of the Pacific Pilotage Authority	Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal Chief Mate Chief Mate, Near Coastal Master 3 000 Gross Tonnage, Domestic

• (2) [Repealed, SOR/2022-114, s. 5]

• (3) Despite subsection (1), an applicant for a pilotage certificate who intends to perform pilotage duties in a compulsory pilotage area in the region of the Great Lakes Pilotage Authority may hold a Watchkeeping Mate certificate of competency or a Watchkeeping Mate, Near Coastal certificate of competency instead of a certificate of competency set out in column 2 of item 18 of the table to subsection (1).

11 [Repealed, SOR/2012-80, s. 7]

Experience at Sea Qualifications

• 12 (1) An applicant shall have accumulated the following sea service:

  • (a) subject to subsection (2), within the five years before the date of the application, sea service on board ships engaged on voyages in the area in which the applicant intends to perform pilotage duties that would give the applicant a general knowledge of that area; and

  • (b) at least 12 months as master of a ship or at least 24 months as the person in charge of the deck watch of a ship.

• (2) In the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority or the Great Lakes Pilotage Authority, the accumulated sea service need not be in that area.

• (3) Subsection (1) does not apply in the case of an applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority if the applicant is the holder of a valid licence or pilotage certificate for another area in that region.

• (4) For the purposes of paragraph (1)(b), a person is in charge of the deck watch of a ship if the person has the immediate charge of the navigation, communications and safety of the ship and holds a certificate that authorizes him or her to do so.

Form of Licences and Pilotage Certificates

• 13 (1) A licence shall be in Form 1 of Schedule 1.

• (2) A pilotage certificate shall be in Form 2 of Schedule 1.

Renewal of Photographs

• 14 (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the Minister the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm × 70 mm, that was taken within the previous six months.

• (2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the Minister shall affix the photograph to the licence or pilotage certificate and return it to the holder.

[15 to 21 reserved]

15 [Reserved, SOR/2022-114, s. 6]

16 [Reserved, SOR/2022-114, s. 6]

17 [Reserved, SOR/2022-114, s. 6]

18 [Reserved, SOR/2022-114, s. 6]

19 [Reserved, SOR/2022-114, s. 6]

20 [Reserved, SOR/2022-114, s. 6]

21 [Reserved, SOR/2022-114, s. 6]

PART 2Pilotage Authority Regions

DIVISION 1Atlantic Pilotage Authority Region

Interpretation

22 This Division sets out the provisions applicable to the Atlantic Pilotage Authority’s region that are in addition to the ones set out in Part 1.

22.1 The following definitions apply in this Division.

Board of Examiners

Board of Examiners means the persons appointed under subsection 22.28(4) to conduct examinations for any class of licence or pilotage certificate. (jury d’examen)

movage

movage means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. (déplacement)

offshore supply vessel

offshore supply vessel means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations. (navire ravitailleur au large)

person in charge of the deck watch

person in charge of the deck watch means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes them to do so. (personne chargée du quart à la passerelle)

pilot dispatch office

pilot dispatch office means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners, published by the Canadian Coast Guard. (bureau d’affectation des pilotes)

Compulsory Pilotage Areas

22.2 The areas described in Schedule 2 are established as compulsory pilotage areas within the Atlantic Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage

• 22.3 (1) The following ships and classes of ships are subject to compulsory pilotage within the areas referred to in section 22.2:

  • (a) ships registered in Canada of more than 1,500 gross tonnage;

  • (b) ships not registered in Canada, including floating cranes;

  • (c) oil rigs;

  • (d) any combination of tug and tow in which

    • (i) the combined gross tonnage exceeds 1,500, or

    • (ii) more than one unit is being towed and the combined gross tonnage exceeds 500;

  • (e) pleasure craft of more than 500 gross tonnage; and

  • (f) ferries that are entering or leaving a port that is not one of their regularly scheduled terminals.

• (2) Despite subsection (1), the following ships and classes of ships are not subject to compulsory pilotage within the areas referred to in section 22.2:

  • (a) Canadian-government ships;

  • (b) ships registered in Canada that are employed in catching or processing fish or other living resources of the sea;

  • (c) Canadian-registered offshore supply vessels of 5,000 gross tonnage or less that have an operations base in a port located within one of the areas;

  • (d) ferries that are operating on a regular schedule between two terminals and that are crewed by masters and persons in charge of the deck watch who

    • (i) are regular members of their ferry’s complement, and

    • (ii) hold certificates of competency under the Marine Personnel Regulations;

  • (e) pleasure craft of 500 gross tonnage or less not registered in Canada; and

  • (f) tugs of 500 gross tonnage or less that are not registered in Canada and that are crewed by masters and persons in charge of the deck watch who

    • (i) are regular members of their tug’s complement, and

    • (ii) hold certificates of competency under the Marine Personnel Regulations.

• (3) Despite subsection (1), a ship that is 225.5 m (739.83 ft.) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part 3 of Schedule 2 (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

• (4) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage within the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 if

  • (a) the ship or vessel, while within that compulsory pilotage area, is under the operational command of the Commander, Maritime Command, and has been under their operational command for the 30 days before the ship or vessel entered the compulsory pilotage area; and

  • (b) the Commander, Maritime Command, has notified the Atlantic Pilotage Authority in writing that the person who is, while the ship or vessel is within that compulsory pilotage area, the commanding officer of the ship or vessel has completed a program of training and familiarization with respect to that compulsory pilotage area that is equivalent to the program completed by officers commanding Canadian ships of war and vessels of war in that compulsory pilotage area.

• (5) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage while within the specified part of the Halifax compulsory pilotage area if the ship or vessel

  • (a) has a pilot employed by the Department of National Defence on board; and

  • (b) is made fast to and manoeuvred solely by tugs of the Government of Canada.

• (6) For the purposes of subsection (5), the specified part in respect of the Halifax compulsory pilotage area is that part of the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 that lies between a line commencing at a point at Latitude 44°39′15″N., Longitude 63°34′44″W., thence on a bearing of 063° (True) for a distance of 640 m, thence on a bearing of 335° (True) to shore, and a line commencing at a point at Latitude 44°39′50″N., Longitude 63°35′30″W., thence on a bearing of 063° (True) for a distance of 380 m, and thence on a bearing of 335° (True) to shore.

• (7) Despite subsection (1), a ship that is less than 15,000 gross tonnage is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part 2 of Schedule 2 (Zone A, Outer).

• (8) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 22.2 if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

  • (a) the seaworthiness of the ship;

  • (b) unusual conditions on board the ship;

  • (c) operations being conducted by the ship; or

  • (d) weather conditions, tides, currents or ice.

Extension of the Saint John Compulsory Pilotage Area for Tankers and Liquid Natural Gas Carriers

• 22.4 (1) For the purposes of section 22.5, the following area within the region of the Atlantic Pilotage Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part 1 of Schedule 2 plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W.

• (2) For the purposes of sections 22.5 and 22.6, Canaport marine facilities means the Canaport marine facilities — both offshore and onshore — at Mispec, in New Brunswick.

22.5 A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities is subject to compulsory pilotage within the Saint John compulsory pilotage area.

• 22.6 (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W.

• (2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W.

Waiver of Compulsory Pilotage

Boarding Stations

22.7 If a boarding station is within a compulsory pilotage area, the Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in either of the following circumstances:

• (a) the ship is entering the compulsory pilotage area to embark a licensed pilot at the boarding station; or

• (b) the ship is leaving the compulsory pilotage area after it has disembarked a licensed pilot at the boarding station.

Urgent Circumstances

22.8 The Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

• (a) the ship is engaged in rescue operations;

• (b) the ship is entering a compulsory pilotage area for refuge;

• (c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or

• (d) the ship is in distress.

Unavailability of Pilots

• 22.9 (1) Subject to subsection (2), the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

  • (a) no licensed pilot is available to perform pilotage duties; or

  • (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

• (2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 22.13 to 22.15 and the application for waiver contains the following information:

  • (a) the name, nationality, call sign, draught and gross tonnage of the ship;

  • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area;

  • (c) the nature of any cargo on board the ship;

  • (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and

  • (e) whether the master of the ship is prepared to proceed without the services of a pilot.

Extended Waivers

• 22.10 (1) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

  • (a) the ship is necessary for carrying out

    • (i) dredging work,

    • (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities,

    • (iii) underwater engineering work other than that referred to in subparagraph (i) or (ii),

    • (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or

    • (v) work related to any work or operations set out in subparagraphs (i) to (iv);

  • (b) the ship is engaged in salvage operations;

  • (c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or

  • (d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base.

• (2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

• (3) A waiver under this section shall be issued in writing.

• (4) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

Conditions and Rescissions

22.11 The Atlantic Pilotage Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation.

22.12 The Atlantic Pilotage Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if

• (a) a condition of the waiver is not met; or

• (b) the operations of the ship impede safe navigation.

Notices to Obtain Pilots — Arrivals

• 22.13 (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall,

  • (a) at least 12 hours before the estimated time of arrival of the ship, give a notice of the estimated time (Greenwich Mean Time) of arrival of the ship; and

  • (b) in the time set out by the Atlantic Pilotage Authority in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard for the particular compulsory pilotage area concerned, give a notice confirming or correcting the estimated time of arrival.

• (2) The notice required under paragraph (1)(a) shall be given

  • (a) by calling the pilot dispatch office; or

  • (b) by calling a Canadian Coast Guard radio station to request that the notice be relayed to the pilot dispatch office.

Notices to Obtain Pilots — Departures and Movages

22.14 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Atlantic Pilotage Authority for that area in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship.

Required Information

• 22.15 (1) In giving the notice required under paragraph 22.13(1)(a), the owner, master or agent of the ship shall state

  • (a) the name, nationality, call sign, draught and registered gross tonnage of the ship; and

  • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area.

• (2) Where the ship has on board a pilotage certificate holder who is certified for the compulsory pilotage area through which the ship is to sail, a notice required under section 22.13 or 22.14 shall state

  • (a) the name of the pilotage certificate holder and the certificate number; and

  • (b) the information required under paragraphs (1)(a) and (b).

22.16 The Atlantic Pilotage Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 22.13 to 22.15.

Classes of Licences and Pilotage Certificates

• 22.17 (1) The Minister may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates.

• (2) The holder of a licence or pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Minister.

• (3) The Minister may endorse any gross tonnage limit over 40,000 on a Class A licence or Class A pilotage certificate.

• (4) The Minister may endorse a gross tonnage limit not to exceed 40,000 on a Class B licence or Class B pilotage certificate.

• (5) The Minister may endorse a gross tonnage limit not to exceed 10,000 on a Class C licence or Class C pilotage certificate.

Apprentice Permits

22.18 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size.

Endorsements

22.19 A licence or pilotage certificate that is issued by the Minister for a compulsory pilotage area and that has the name of that area endorsed on it authorizes its holder to perform pilotage duties only in that area.

Pilotage Certificates

22.20 The Minister shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is authorized to perform pilotage duties.

Qualifications

General Qualifications

• 22.21 (1) In addition to meeting the navigational and health qualifications set out in Part 1, an applicant for a licence or pilotage certificate shall

  • (a) hold a Restricted Operator’s Certificate (ROC-MC);

  • (b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications;

  • (c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements set out in Part 1;

  • (d) have a degree of proficiency in the English language sufficient to carry out their pilotage duties;

  • (e) have local knowledge of each pilotage area in which they intend to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;

  • (f) have knowledge of harbour and other marine regulations that apply in each pilotage area in which they intend to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations, the Act and the regulations made under it; and

  • (g) have a record of safe ship handling and navigation.

• (2) The holder of a licence or pilotage certificate shall

  • (a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications;

  • (b) continue to meet the qualifications set out in paragraphs (1)(d) to (g); and

  • (c) continue to hold every certificate that they were required to hold in order to obtain the licence or pilotage certificate.

Experience at Sea — Applicants

• 22.22 (1) In addition to meeting the experience at sea qualifications set out in Part 1, an applicant for a licence or pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application, have either

  • (a) served on voyages in the compulsory pilotage area for

    • (i) at least 18 months as master,

    • (ii) at least one year as the person in charge of the deck watch and at least one year as master, or

    • (iii) at least three years as the person in charge of the deck watch; or

  • (b) completed in the compulsory pilotage area

    • (i) at least 30 one-way trips as master,

    • (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or

    • (iii) at least 60 one-way trips as the person in charge of the deck watch.

• (2) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience.

• (3) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a pilotage certificate for a compulsory pilotage area set out below may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience:

  • (a) the Miramichi or Restigouche compulsory pilotage area in New Brunswick;

  • (b) the Bay of Exploits, Voisey’s Bay, Humber Arm or Stephenville compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Pugwash compulsory pilotage area in Nova Scotia.

• 22.23 (1) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship.

• (3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if

  • (a) the applicant submits the application within the six-month period after the day on which the area was established as a compulsory pilotage area; and

  • (b) the applicant provides the Board of Examiners with documents establishing that, within the five-year period before the day on which the area was established as a compulsory pilotage area, the applicant was in the area while being on the bridge of a ship that is subject to compulsory pilotage under section 22.3.

Experience at Sea — Holders

• 22.24 (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

• (3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if

  • (a) the Atlantic Pilotage Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the required number of trips within the period referred to;

  • (b) the holder successfully completes a familiarization program established by that Authority; and

  • (c) the holder demonstrates to that Authority that, within the period referred to, they have gained experience equivalent to the number of trips required for that area.

• 22.25 (1) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

22.26 The holder of a licence or pilotage certificate shall, on request, provide the Minister with documents confirming that the holder meets, as applicable, the requirements of sections 22.24 and 22.25.

Convictions under the Act or the Criminal Code

22.27 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of their application to become a holder, they have been convicted of

• (a) an offence under the Act;

• (b) an offence under section 320.13 of the Criminal Code; or

• (c) an offence under section 320.14 of the Criminal Code.

Examinations

• 22.28 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the applicant to a Board of Examiners for an examination.

• (2) For the purpose of determining whether the holder of a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the holder to a Board of Examiners for an examination.

• (3) Every examination shall be conducted at the time and place determined by the Minister and notice of the examination shall be communicated by the Minister to every applicant for a licence or pilotage certificate.

• (4) Subject to subsection (5), a Board of Examiners shall be appointed by the Atlantic Pilotage Authority and shall consist of one representative of that Authority, who shall be the Chairperson of the Board, and of two pilots who are licensed for the compulsory pilotage area in question.

• (5) The licensed pilots referred to in subsection (4) may be replaced as follows:

  • (a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, they may be replaced by a pilot who is knowledgeable about that area but is licensed for another compulsory pilotage area; and

  • (b) if a replacement examiner described in paragraph (a) is unavailable, they may be replaced by a pilot who is knowledgeable about a compulsory pilotage area that has similar navigational characteristics to the compulsory pilotage area in question but is licensed for another compulsory pilotage area.

• (6) The Atlantic Pilotage Authority may appoint a person as an observer who is knowledgeable about each pilotage area where the applicant for or holder of a licence or pilotage certificate is to perform pilotage duties to observe the conduct of any examination by the Board of Examiners and that person may, following the examination, file with the Chairperson of that Authority a written report on the conduct of the examination.

22.29 An applicant for a licence or pilotage certificate shall, not less than 14 days and not more than 60 days before the date of the examination, provide the Minister with

• (a) documents establishing that the applicant is a Canadian citizen or a permanent resident as set out in subsection 38.1(3) of the Act;

• (b) the applicant’s birth certificate or other official document showing the applicant’s date and place of birth;

• (c) documents establishing the applicant’s navigational qualifications;

• (d) documents confirming, in the case of an applicant for a pilotage certificate, that they meet the experience at sea qualifications set out in sections 22.22 and 22.23;

• (e) the medical report referred to in section 4; and

• (f) a letter of recommendation that includes information about the applicant’s history of ship handling and navigation from

  • (i) the applicant’s most recent employer, if the applicant was employed by that employer for two years or more, or

  • (ii) each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years.

22.30 The examinations conducted by the Board of Examiners may include questions in relation to the following:

• (a) local knowledge of the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including knowledge of tides, currents, depths of water, anchorages, aids to navigation and the marine traffic regulating system;

• (b) practical knowledge of the interpretation of radar;

• (c) knowledge of the harbour and other marine regulations that apply in the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including, insofar as they apply in that pilotage area, knowledge of the Collision Regulations, the Act and the regulations made under it;

• (d) knowledge of the handling of ships that are within the tonnage restriction for the class of licence or pilotage certificate held or applied for; and

• (e) the duties, responsibilities and obligations of a pilot including the use of modern navigational instruments for pilotage purposes.

• 22.31 (1) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, including

  • (a) the name of each person who passed the examination;

  • (b) the class of licence that each person who passed the examination is entitled to; and

  • (c) the class of pilotage certificate that each person who passed the examination will receive.

• (2) The Atlantic Pilotage Authority shall, when requested by any person who fails an examination, provide that person with a report indicating the reason they failed.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

22.32 The minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time is one, except if the Atlantic Pilotage Authority determines that, due to the conditions or nature of the voyage, the ship requires more than one person to perform pilotage duties on the ship, in which case the minimum number is two.

Further Training

22.33 If a licence or a pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or pilotage certificate shall, if they wish to have the licence or certificate reinstated, take further training that will enable them to continue to meet the qualifications set out in paragraphs 22.21(1)(e) to (g) of these Regulations.

22.34 If the pilotage certificate holder for a compulsory pilotage area is unable to meet the applicable qualification set out in section 22.25, they shall take further training to ensure that their knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification.

Shipping Incident

• 22.35 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was performing pilotage duties on that ship shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship

  • (a) causes the loss of or damage to any other vessel or property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship; or

  • (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment.

• (2) If the report referred to in subsection (1) is not in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Minister.

DIVISION 2Laurentian Pilotage Authority Region

Interpretation

23 This Division sets out the provisions applicable to the Laurentian Pilotage Authority’s region that are in addition to the ones set out in Part 1.

• 23.1 (1) The following definitions apply in this Division.

  berth

  berth means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor. (poste)

  Board of Examiners

  Board of Examiners means the persons appointed under section 23.34 to conduct examinations for any class of licence or pilotage certificate. (jury d’examen)

  deadweight tonnage

  deadweight tonnage means the weight in metric tons of cargo, ship’s fuel, passengers and crew carried by a ship when loaded to its maximum Summer Load Line. (port en lourd)

  movage

  movage means the moving of a ship within a harbour, whether the ship is moved from one berth to another or is returned to the same berth, but unless a pilot is employed does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, the shore or a mooring buoy. (déplacement)

• (2) In this Division, the length of a ship refers to the distance in metres and centimetres between the fore and aft extremities of the ship.

• (3) In this Division, a part of a district refers to either of the following, as the case may be:

  • (a) in the case of a licence, all navigable waters of a district lying between two pilot boarding stations; and

  • (b) in the case of a pilotage certificate, the navigable waters of a district lying between and in the vicinity of two berths, as indicated on the pilotage certificate.

Compulsory Pilotage Area

23.2 The area described in Part 1 of Schedule 3 is established as a compulsory pilotage area within the Laurentian Pilotage Authority’s region and is divided into District Nos. 1, 1-1 and 2 as described in Part 2 of that schedule.

Ships Subject to Compulsory Pilotage

• 23.3 (1) Subject to subsection (3), the following ships are subject to compulsory pilotage:

  • (a) any ship registered in Canada that

    • (i) is operated in District No. 1 or District No. 1-1 and is more than 70 m in length and more than 2,400 gross tonnage, or

    • (ii) is operated in District No. 2 and is more than 80 m in length and more than 3,300 gross tonnage; and

  • (b) any ship that is not registered in Canada and is more than 35 m in length.

• (2) Every scow and barge that is registered in Canada and carrying as cargo a pollutant, as defined in section 165 of the Canada Shipping Act, 2001, is subject to compulsory pilotage.

• (3) The following ships or classes of ships, if registered in Canada, are not subject to compulsory pilotage:

  • (a) any ship owned by the Government of Canada and not engaged in commercial trade;

  • (b) any ferry operating in the passenger carrying trade on a regular schedule between two or more terminals;

  • (c) any ship designed for and engaged in fishing;

  • (d) any tug, floating crane or dredge; and

  • (e) any self-propelled barge trading regularly between two or more terminals in Quebec in or east of District No. 2 other than a barge described in subsection (2).

• (4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of

  • (a) the condition of the ship;

  • (b) exceptional conditions on board the ship; or

  • (c) conditions related to weather, tides, currents or ice.

23.4 Despite paragraph 23.3(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as set out in paragraph 23.3(1)(a) or if the length of any of the barges or scows is as set out in paragraph 23.3(1)(b), as the case may be.

23.5 Despite paragraph 23.3(1)(a), every ship registered in Canada that, before September 24, 2002, was not subject to compulsory pilotage by reason of its length or net registered tonnage is not subject to compulsory pilotage under that paragraph.

Waiver of Compulsory Pilotage

• 23.6 (1) The Laurentian Pilotage Authority may waive compulsory pilotage in respect of a ship

  • (a) that is to arrive in, depart from or make a movage within the compulsory pilotage area if her owner, master or agent has complied with section 23.7, 23.8, 23.9, 23.10 or 23.11, whichever applies, and no licensed pilot is available to perform pilotage duties at the time of her arrival, departure or movage, as the case may be; or

  • (b) in respect of which one or more licensed pilots refuse to perform pilotage duties, except where that Authority regards the ship as unsafe.

• (2) Despite subsection (1), the Laurentian Pilotage Authority may waive compulsory pilotage of a ship that is in distress, proceeding to a ship in distress or entering the compulsory pilotage area for refuge.

Notices of Arrival

• 23.7 (1) The owner, master or agent of a ship that is to arrive in the compulsory pilotage area at the pilot boarding station at Les Escoumins shall give,

  • (a) if the ship is arriving from any point east of the Strait of Belle Isle, Cabot Strait or the Strait of Canso,

    • (i) a first notice of the estimated time of arrival 24 hours before the estimated time of arrival,

    • (ii) a second notice of the estimated time of arrival 12 hours before the estimated time of arrival, and

    • (iii) a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival; and

  • (b) if the ship is arriving from any point west of the Strait of Belle Isle, Cabot Strait or the Strait of Canso,

    • (i) a first notice of the estimated time of arrival 12 hours before the estimated time of arrival, and

    • (ii) a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival.

• (2) The notices referred to in paragraphs (1)(a) and (b) shall be given by calling a coastal marine radio station or pilot dispatch centre.

23.8 The owner, master or agent of a ship that is to arrive in the compulsory pilotage area from any point above the entrance to St. Lambert Lock shall give notice of the immediate and ultimate destinations of the ship in the compulsory pilotage area by calling the St. Lawrence Seaway Radio Control when passing Iroquois Lock and Beauharnois Lock.

Notices of Departure

23.9 The owner, master or agent of a ship that is to depart from a berth in the compulsory pilotage area for any purpose, other than making a movage, shall give, by calling a pilot dispatch centre,

• (a) a first notice of the estimated time of departure 12 hours before its estimated time of departure; and

• (b) a final notice confirming or correcting the estimated time of departure at least four hours before the estimated time.

Notices of Movage

• 23.10 (1) The owner, master or agent of a ship that is to make a movage shall give,

  • (a) in any harbour within the compulsory pilotage area other than the Harbour of Montreal or the Harbour of Quebec,

    • (i) a first notice of the estimated time of movage 12 hours before the estimated time of movage, and

    • (ii) a final notice confirming or correcting the estimated time of movage four hours before the estimated time of movage; and

  • (b) in the Harbour of Montreal or the Harbour of Quebec, a notice of movage three hours before the time of movage.

• (2) The notices referred to in subsection (1) shall be given by calling a pilot dispatch centre.

Optional Notices

• 23.11 (1) Despite sections 23.9 and 23.10, the owner, master or agent of a ship that is to depart or make a movage may within eight hours after having given the first notice referred to in paragraph 23.9(a) or subparagraph 23.10(1)(a)(i), give a second notice confirming or correcting the estimated time of departure from or movage in any compulsory pilotage area.

• (2) If a second notice has been given in respect of a ship pursuant to subsection (1), the time of departure or movage of that ship shall not be later than 12 hours from the time that notice was given.

Required Information

23.12 If the owner, master or agent of a ship gives a notice referred to in subparagraph 23.7(1)(a)(i) or 23.7(1)(b)(i), they shall state,

• (a) in the case of the first arrival of the ship in the compulsory pilotage area in any calendar year,

  • (i) the name, nationality, call sign and agent of the ship,

  • (ii) the length, breadth, moulded depth, deepest draught, speed, deadweight tonnage and gross tonnage of the ship, and

  • (iii) the immediate and ultimate destinations of the ship within the compulsory pilotage area; and

• (b) in the case of any subsequent arrival, movage or departure of the ship in the compulsory pilotage area in any calendar year,

  • (i) the name, call sign, deepest draft, the speed of the ship and any changes in the information provided under paragraph (a), and

  • (ii) the immediate and ultimate destinations of the ship within the compulsory pilotage area.

23.13 If a ship has on board one or more pilotage certificate holders who are certified for the compulsory pilotage area through which the ship is to proceed, the master of the ship shall, each time the ship proceeds through the area, state

• (a) the names of the pilotage certificate holders and the certificate numbers; and

• (b) the information set out in subparagraphs 23.12(b)(i) and (ii).

23.14 If in any case referred to in section 23.7, 23.8, 23.9, 23.10 or 23.11, the owner, master or agent of a ship fails without reasonable cause to give the notice required by that section for that case, the Laurentian Pilotage Authority is not required to provide that ship with the services of a pilot.

Classes of Licences and Pilotage Certificates

23.15 The classes of licences and pilotage certificates that may be issued by the Minister are the following:

• (a) Class A or Class B Montreal Harbour licence or pilotage certificate;

• (b) Class A, Class B or Class C licence or pilotage certificate;

• (c) Class D apprentice pilot permit.

• 23.16 (1) A Class A Montreal Harbour licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship, regardless of size, in District No. 1-1.

• (2) A Class B Montreal Harbour licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship not exceeding 210 m in length in District No. 1-1.

• (3) A Class A licence or pilotage certificate authorizes its holder to perform pilotage duties on any ship in District No. 1 or District No. 2 or any part of those districts.

• (4) A Class B licence or pilotage certificate authorizes its holder to perform pilotage duties

  • (a) in District No. 1 or any part of that district,

    • (i) in the first year after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 195 m in length, and

    • (ii) in the second and any subsequent year after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 215 m in length; and

  • (b) in District No. 2 or any part of that district, on any ship not exceeding a deadweight tonnage of 50,000.

• (5) A Class C licence or pilotage certificate authorizes its holder to perform pilotage duties

  • (a) in District No. 1 or any part of that district,

    • (i) in the first six months after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 165 m in length,

    • (ii) in the six months after the period referred to in subparagraph (i), on any tanker not exceeding 165 m in length and on any other ship not exceeding 175 m in length, and

    • (iii) in the second and any subsequent year after the date on which the holder obtained the licence or pilotage certificate, on any tanker not exceeding 165 m in length and on any other ship not exceeding 185 m in length; and

  • (b) in District No. 2 or any part of that district, on any ship not exceeding a deadweight tonnage of 30,000.

• (6) A Class D apprentice pilot permit authorizes its holder to undertake pilotage training in the presence of a licensed pilot on any ship, in District Nos. 1, 1-1 or 2.

Endorsements

23.17 A licence or pilotage certificate that is issued in respect of a district or part of a district within the compulsory pilotage area and on which that district or part is endorsed authorizes its holder to perform pilotage duties only in the district or part of that district indicated on the licence or pilotage certificate.

23.18 A pilotage certificate on which a seasonal limitation is endorsed authorizes its holder to perform pilotage duties only during the season of the year indicated.

General Qualifications for Applicants for Licences

23.19 Every applicant for a licence shall

• (a) have a degree of proficiency in the French and English languages sufficient to carry out their pilotage duties; and

• (b) have obtained a favourable recommendation in respect of their abilities as a pilot from the corporation of pilots of which they are a member.

Qualifications for Holders of Licences for District No. 1-1

• 23.20 (1) Every holder of a Class A licence for District No. 1-1 shall

  • (a) be the holder of a certificate of competency for a Master Mariner or Master, Near Coastal; and

  • (b) have piloted in that district

    • (i) for at least one year, while holding a Class B licence for that district, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that district, or

    • (ii) during the 12 months before the day on which the licence is issued, while holding a Class A licence for that part of District No. 1 between Montreal and Trois-Rivières, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1.

• (2) Every holder of a Class B licence for District No. 1-1 shall

  • (a) have obtained a passing mark in an examination conducted by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with Part 1; and

  • (c) have

    • (i) in the case of a holder who has obtained a passing mark in the examination referred to in paragraph (a) at the first attempt,

      • (A) served as an apprentice pilot holding a Class D apprentice pilot permit for that district and while so serving have completed during a period of not less than four months but not more than six months, 200 movages in that district, if, during the five years before the day on which the application for the permit is made, the holder completed at least 12 months of sea service as master, or

      • (B) served as an apprentice pilot holding a Class D apprentice pilot permit for that district and while so serving have completed during a period of not less than six months but not more than 12 months, 300 movages in that district, if, during the five years before the day on which the application for the permit is made, the holder completed at least 24 months of service as the person in charge of the deck watch of a ship,

    • (ii) in the case of a holder who has obtained a passing mark in the examination referred to in paragraph (a) at a second or subsequent attempt,

      • (A) served as an apprentice pilot holding a Class D apprentice pilot permit for that district and while so serving have completed 300 movages in that district, if, during the five years before the day on which the application for the permit is made, the holder completed at least 12 months of sea service as master, or

      • (B) served as an apprentice pilot holding a Class D apprentice pilot permit for that district and while so serving have completed 400 movages in that district, if, during the five years before the day on which the application for the permit is made, the holder completed at least 24 months of service as the person in charge of the deck watch of a ship, or

    • (iii) completed during the 12 months before the day on which the licence is issued, while holding a Class B licence for District No. 1, at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1 between Montreal and Trois-Rivières.

Qualifications for Holders of Licences for District No. 1 and District No. 2

• 23.21 (1) Every holder of a Class A licence for District No. 1 or District No. 2 shall

  • (a) have served as a pilot,

    • (i) in the case of a licence for District No. 1, during the 36 months before the date of the application for the licence, while holding a Class B licence for that district, or

    • (ii) in the case of a licence for District No. 2, during a period of at least six years in that district, while holding a Class B licence; and

  • (b) have piloted in District No. 1 or District No. 2, as the case may be, during the 12 months before the date of the application for the licence, while holding a Class B licence for the appropriate district, at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that district.

• (2) Every holder of a Class B licence for District No. 1 or District No. 2 shall,

  • (a) while holding a Class C licence, have piloted in District No. 1 ships not exceeding 165 m in length during the first six months after the date on which the holder obtained the Class C licence and have piloted at least 50 trips in that district during the first year after the date on which the holder obtained that licence;

  • (b) while holding a Class C licence, have piloted in District No. 1 tankers not exceeding 165 m in length or any other ship not exceeding 185 m in length during the second year after the date on which the holder obtained the Class C licence and have piloted during that time at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that district; and

  • (c) while holding a Class C licence, have piloted in District No. 2 ships not exceeding a deadweight tonnage of 30,000 during a period of two years after the date on which the holder obtained the Class C licence and have piloted during that time at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that district.

• (3) Every holder of a Class C licence for District No. 1 or District No. 2 shall

  • (a) have obtained a passing mark in an examination conducted by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with Part 1;

  • (c) have served at least 24 months as an apprentice pilot and holder of a Class D apprentice pilot permit in the appropriate district;

  • (d) in the case of a holder who has obtained a passing mark in the examination referred to in paragraph (a) at the first attempt, have completed, in the appropriate district, while holding a Class D apprentice pilot permit,

    • (i) during each year, in the case of a holder of a licence for that part of District No. 1 between Montreal and Trois-Rivières, at least

      • (A) 55 dockings or undockings within the Harbour of Montreal,

      • (B) five dockings or undockings within the Harbour of Trois-Rivières,

      • (C) 10 dockings or undockings within the Harbour of Sorel,

      • (D) three dockings or undockings at the Wharf of Contrecoeur,

      • (E) five arrivals and five departures from St. Lambert Lock, including transit between the Lock and a place below Jacques Cartier Bridge, and

      • (F) 138 trips between Montreal and Trois-Rivières, of which

        • (I) 18 were between any places between Montreal and Trois-Rivières, and

        • (II) six were between Montreal and Trois-Rivières during the winter navigation period determined by the Laurentian Pilotage Authority in accordance with subsection 23.38(3),

    • (ii) during each year, in the case of a holder of a licence for that part of District No. 1 between Trois-Rivières and Quebec, at least

      • (A) 20 dockings or undockings within the Harbour of Quebec,

      • (B) five dockings or undockings within the Harbour of Trois-Rivières, and

      • (C) 138 trips between Trois-Rivières and Quebec, of which

        • (I) eight were between any places between Trois-Rivières and Quebec, and

        • (II) six were between Trois-Rivières and Quebec during the winter navigation period determined by the Laurentian Pilotage Authority in accordance with subsection 23.38(3), or

    • (iii) during the 24 months referred to in paragraph (c), in the case of a holder of a licence for District No. 2, at least

      • (A) 15 movages per year in the Harbour of Quebec,

      • (B) five movages per year in the Harbour of Chicoutimi, including Grande-Anse,

      • (C) eight movages per year in the Harbour of Port Alfred, and

      • (D) 113 trips in each year, of which

        • (I) nine were to Chicoutimi or Grande-Anse,

        • (II) 15 were to Port-Alfred, and

        • (III) nine were during the winter navigation period determined by the Laurentian Pilotage Authority in accordance with subsection 23.38(3);

  • (e) in the case of a holder who has obtained a passing mark in the examination referred to in paragraph (a) at the second attempt, have completed, in the appropriate district, while holding a Class D apprentice pilot permit, 150% of the number of dockings, undockings, arrivals, departures, trips or movages required under subparagraphs (3)(d)(i) to (iii), rounded up to the next highest whole number, if necessary; and

  • (f) in the case of a holder who has obtained a passing mark in the examination referred to in paragraph (a) at a third attempt, have completed, in the appropriate district, while holding a Class D apprentice pilot permit, 175% of the number of dockings, undockings, arrivals, departures, trips or movages required under subparagraphs (3)(d)(i) to (iii), rounded up to the next highest whole number, if necessary.

Documentation Requirements for Pilotage Certificates

• 23.22 (1) An applicant for a first pilotage certificate shall, not less than 10 days but not more than 60 days before the date of the examination, submit an application and provide the Minister with true copies of the following:

  • (a) documents that establish that the applicant is a Canadian citizen or a permanent resident as set out in subsection 38.1(3) of the Act;

  • (b) the applicant’s birth certificate or other official document showing the date and place of birth of the applicant;

  • (c) diplomas, navigational certificates and documents that establish that the experience at sea service qualifications set out in this Division have been met;

  • (d) the medical report required under Part 1; and

  • (e) a letter of recommendation from

    • (i) the applicant’s most recent employer, if the applicant was employed by that employer for two years or more, or

    • (ii) each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years.

• (2) A pilotage certificate holder who applies for another pilotage certificate shall submit an application and provide the Minister with documents that establish that the holder has met the sea service qualifications set out in this Division for that certificate.

Qualifications for Holders of Pilotage Certificates for All Districts

• 23.23 (1) Every applicant for a Class A, Class B or Class C pilotage certificate who is applying for their first pilotage certificate shall

  • (a) have obtained a passing mark in an examination conducted by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with Part 1;

  • (c) have served on ships engaged in voyages in the appropriate district,

    • (i) in the case of a certificate for District No. 1-1, at least two years as master, or

    • (ii) in the case of a certificate for District No. 1 or District No. 2, at least

      • (A) one year as master, or

      • (B) three years as deck officer;

  • (d) have completed,

    • (i) in the case of a certificate for District No. 1-1, during each of their years of service as required by paragraph (c), at least 20 movages including six movages in that district during the period beginning on December 1 and ending on the following April 8,

    • (ii) in the case of a certificate for District No. 1, during their years of service as required by paragraph (c), at least

      • (A) 10 movages per year in the Harbour of Quebec,

      • (B) six movages per year in the Harbour of Trois-Rivières,

      • (C) five movages per year in the Harbour of Sorel,

      • (D) 24 one-way trips per year between Montreal and Trois-Rivières,

      • (E) 24 one-way trips per year between Trois-Rivières and Quebec, and

      • (F) six one-way trips per year during the period beginning on December 1 and ending on the following April 8, or

    • (iii) in the case of a certificate for District No. 2, during their years of service as required by paragraph (c), at least

      • (A) 10 movages per year in the Harbour of Quebec,

      • (B) three movages per year in the Harbour of Chicoutimi,

      • (C) two movages per year in the Harbour of Port Alfred,

      • (D) 12 one-way trips per year including six on the Saguenay River, three to Chicoutimi and two to Port Alfred, and

      • (E) six one-way trips per year during the period beginning on December 1 and ending on the following April 8; and

  • (e) have a degree of proficiency in the French and English languages sufficient to carry out effectively their pilotage duties.

• (2) An applicant for a Class A pilotage certificate who is the holder of a Class B pilotage certificate shall, over the 36 months immediately preceding their application, have completed

  • (a) the movages or trips required each year by paragraph 23.26(2)(a) or (b) in the applicable district; and

  • (b) under the supervision of a holder of a Class A licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class B pilotage certificate is authorized to perform pilotage duties,

    • (i) eight additional movages in District No. 1-1, in the case of a pilotage certificate for that district, or

    • (ii) 10 additional one-way trips, in District No. 1 or District No. 2, as the case may be, in the case of a pilotage certificate for one of those districts.

• (3) An applicant for a Class B pilotage certificate who is the holder of a Class C pilotage certificate shall, over the 24 months immediately preceding their application, have completed

  • (a) the movages or trips required each year by paragraph 23.26(2)(a) or (b) in the applicable district; and

  • (b) under the supervision of a holder of a Class B licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class C pilotage certificate is authorized to perform pilotage duties,

    • (i) eight additional movages in District No. 1-1, in the case of a pilotage certificate for that district, or

    • (ii) 10 additional one-way trips in District No. 1 or District No. 2, as the case may be, in the case of a pilotage certificate for one of those districts.

• (4) Despite subsections (1) to (3), an applicant may become the holder of a pilotage certificate valid for only a part of a district if

  • (a) in the case of an applicant for a first pilotage certificate, the applicant has completed the number of trips and movages required for that part of the district by clauses (1)(d)(ii)(A) to (F) or (1)(d)(iii)(A) to (E); or

  • (b) in the case of an applicant for a pilotage certificate who is the holder of another pilotage certificate, the applicant has completed in that part of the district the number of trips or movages required for the district by subsection (2) or (3).

• (5) Despite subsections (1) to (3), an applicant need not complete any movages or trips required to be completed during the period beginning on December 1 and ending on the following April 8 if the application is for a pilotage certificate valid only for the period beginning when all light buoys are in place in the part of the channel to which the pilotage certificate relates and ending when the Laurentian Pilotage Authority informs pilotage certificate holders, by a Notice to Mariners or a Navigational Warnings, both published by the Canadian Coast Guard, that the light buoys have been withdrawn.

23.24 Where sea service, trips or movages are required by section 23.23, the service, trip or movage, as the case may be, shall be or have been completed on board a ship of a size that is subject to compulsory pilotage.

General Requirements for Applicants and Holders

23.25 No person shall become the holder of a licence or pilotage certificate if

• (a) within one year before the date of their application,

  • (i) they were convicted of an offence under the Act,

  • (ii) any licence or pilotage certificate previously held by them was suspended under the Act, or

  • (iii) they were convicted of an offence under section 320.13 or 320.14 of the Criminal Code; or

• (b) they have an adverse record in ship handling and performance of pilotage duties.

• 23.26 (1) Every holder of a licence or pilotage certificate shall

  • (a) continue to hold every certificate that they were required to hold in order to obtain the licence or pilotage certificate;

  • (b) remain medically fit so as to meet the medical examination requirements set out in Part 1;

  • (c) have local knowledge of the district in respect of which they obtained the licence or pilotage certificate, including knowledge of tides, currents, depths of water, anchorages and aids to navigation;

  • (d) have knowledge of harbour and other marine regulations that apply in the district in respect of which they obtained the licence or pilotage certificate, including knowledge of

    • (i) the Collision Regulations,

    • (ii) the measures taken for the control of traffic in the Seaway by the St. Lawrence Seaway Management Corporation in accordance with section 99 of the Canada Marine Act,

    • (iii) the Quarantine Regulations, and

    • (iv) the Act and the regulations made under it; and

  • (e) have a good record in ship handling and performance of pilotage duties.

• (2) In addition to the qualifications required by subsection (1), a holder of a licence or pilotage certificate shall,

  • (a) if the holder’s licence or pilotage certificate was issued in respect of District No. 1-1, pilot each year at least eight movages in that district;

  • (b) if the holder’s licence or pilotage certificate was issued in respect of District No. 1 or District No. 2, pilot each year at least eight one-way trips during the period beginning on April 1 and ending on December 14, and subject to section 23.18, two one-way trips during the period beginning on December 15 and ending on the following March 31, in the district; and

  • (c) on request, provide the Minister with evidence that the holder has complied with the requirements of paragraph (a) or (b).

Notices for the Recruiting of Apprentice Pilots

23.27 When recruiting apprentice pilots for a particular district, the Laurentian Pilotage Authority shall publish, not less than 30 days before the deadline for receiving applications, on their Internet site or in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentice pilots that are needed for the district and the date by which the applications must be received.

Qualifications — Apprentice Pilots — District No. 1-1

23.28 To obtain a Class D apprentice pilot permit for District No. 1-1, an applicant shall

• (a) successfully complete a language examination conducted by the Laurentian Pilotage Authority that demonstrates that they have a degree of proficiency in the French and English languages sufficient to carry out their apprentice pilot duties effectively;

• (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications set out in Part 1;

• (c) be the holder of a certificate of competency for Master Mariner or Master, Near Coastal;

• (d) have served on board a ship that is more than 70 m in length or more than 2,000 gross tonnage and have accumulated on board such a ship the experience at sea qualifications set out in section 12;

• (e) have experience navigating in ice; and

• (f) obtain a mark of at least 70% on a written examination conducted by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology and ice navigation on the St. Lawrence River.

Qualifications — Apprentice Pilots — District No. 1 and District No. 2

23.29 To obtain a Class D apprentice pilot permit for District No. 1 or District No. 2, an applicant shall

• (a) successfully complete a language examination conducted by the Laurentian Pilotage Authority that demonstrates that they have a degree of proficiency in the French and English languages sufficient to carry out their apprentice pilot duties effectively;

• (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications set out in Part 1;

• (c) either

  • (i) provide an attestation establishing that the applicant has successfully completed, at a recognized institution in Canada, an approved cadet training program as defined in the Marine Personnel Regulations, or

  • (ii) have served as a master of a ship that is more than 70 m in length or more than 2,000 gross tonnage for at least 18 months during the 60 months before the day on which the application is made;

• (d) be the holder of a certificate of competency for Master Mariner or Master, Near Coastal, have served on board a ship that is more than 70 m in length or more than 2,000 gross tonnage and have accumulated on board such a ship the sea service required under section 12; and

• (e) obtain a mark of at least 70% on a written examination conducted by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides.

Required Documents — Apprentice Pilots

23.30 An applicant for a Class D apprentice pilot permit shall, when making the application, provide the Minister with true copies of the following:

• (a) documents that establish that the applicant is a Canadian citizen or a permanent resident as set out in subsection 38.1(3) of the Act;

• (b) the applicant’s birth certificate or other official document showing the applicant’s date and place of birth;

• (c) diplomas, navigational certificates and documents that establish that the sea service requirements of this Division have been met;

• (d) the medical report referred to in Part 1; and

• (e) either

  • (i) a letter of recommendation

    • (A) from the applicant’s most recent employer, or

    • (B) from each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years, or

  • (ii) the applicant’s testimonials of sea service prepared in accordance with the requirements of the Marine Personnel Regulations for the two years preceding the date of the application.

Qualifications — Applicants Who Hold a Pilotage Certificate

• 23.31 (1) An applicant for a Class D apprentice pilot permit for District No. 1-1 who holds a pilotage certificate for that district is exempt from the requirements of paragraphs 23.28(a), (b) and (f) and 23.30(a) and (b).

• (2) An applicant for a Class D apprentice pilot permit for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, is exempted from the requirements of paragraphs 23.29(a) to (c) and (e) and 23.30(a) and (b).

• (3) Despite paragraph 23.21(3)(c), an applicant for a Class C licence for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, shall have served at least 12 months as an apprentice pilot and holder of a Class D apprentice pilot permit in the appropriate district.

Assessment of Competencies

• 23.32 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate or the holder of a licence or pilotage certificate meets the requirements of these Regulations, the Minister shall assess each application for a licence or pilotage certificate and the record of each holder and shall provide the Board of Examiners with

  • (a) a list of applicants for a first licence or first pilotage certificate who meet the requirements of these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 23.22(1);

  • (b) a list of holders of a licence or pilotage certificate who are applying for another licence or pilotage certificate and who meet the requirements of these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 23.22(2); and

  • (c) a list of holders who the Minister has reason to believe might not meet the requirements of paragraph 23.26(1)(c) or (d).

• (2) Subject to subsection (9), the Board of Examiners shall

  • (a) conduct the examination referred to in subsection (3) or (4), as the case may be, of the applicants referred to in paragraph (1)(a);

  • (b) conduct an examination of the holders referred to in paragraph (1)(b) on their local knowledge of the district or part of the district where they are to pilot; and

  • (c) conduct an examination of the holders referred to in paragraph (1)(c) on the requirements of paragraphs 23.26(1)(c) or (d).

• (3) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral examination on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (4) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

  • (a) a first written examination on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides;

  • (b) subject to subsection (5), a second written examination and an oral examination on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot; and

  • (c) a language test to demonstrate that the applicant is able to carry out the duties of a pilotage certificate holder effectively in English and French.

• (5) An applicant must successfully complete the written examinations before taking the oral examination.

• (6) To pass the examination, an applicant must

  • (a) obtain a mark of at least 70% on any written examination; and

  • (b) obtain a mark of at least 70% on the oral examination, by showing a knowledge of ship handling and local knowledge of the district or part of the district where the applicant is to pilot that will enable them to carry out the duties of a licensed pilot or pilotage certificate holder effectively and safely.

• (7) An applicant who obtains a mark of less than 70% on the oral examination shall repeat the written and oral examinations on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (8) Despite subsection (5), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (4)(a) and (b) if

  • (a) the applicant has attended the pilotage training program established by the Authority and given by the Institut maritime du Québec, described in the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport; and

  • (b) the applicant has successfully completed the tests prepared under the direction of an officer of the Authority in accordance with the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport.

• (9) An applicant shall,

  • (a) in the case of an applicant who takes the examinations referred to in subsection (4) in two stages, successfully complete all the examinations during the 30 months following the day on which the first written examination was successfully completed;

  • (b) in the case of an applicant who takes the examinations referred to in subsection (3) in order to obtain a first licence for District No. 1-1, have 18 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of that licence;

  • (c) in the case of an applicant who takes the examinations referred to in subsection (3) in order to obtain a first licence for District No. 1 or District No. 2, have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of that licence; or

  • (d) in the case of an applicant who attends the pilotage training program referred to in paragraph (8)(a), have 30 months following the day on which the first examination taken under paragraph (8)(b) was successfully completed to complete the training program and to successfully complete the remaining examinations.

• 23.33 (1) An applicant who fails one of the examinations referred to in paragraphs 23.28(f) and 23.29(e) three times is no longer eligible to take those examinations.

• (2) An applicant who fails one or more of the examinations referred to in subsection 23.32(3) three times is no longer eligible to take those examinations.

• (3) An applicant who fails the examination referred to in paragraph 23.32(4)(a) three times is no longer eligible to take that examination.

• (4) An applicant who fails one or more of the examinations referred to in paragraph 23.32(4)(b) three times is no longer eligible to take those examinations.

• (5) An applicant who has attended the pilotage training program referred to in paragraph 23.32(8)(a) and who fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess mandatory skills for basic certification four times or who twice fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess optional skills that can be added to a certificate is no longer eligible to take an examination under the pilotage training program.

Board of Examiners

• 23.34 (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

  • (a) two holders of a certificate of competency for Master Mariner or Master, Near Coastal, one of whom is an officer of that Authority and one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations; and

  • (b) three licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, except in the case of the written examinations set out in paragraphs 23.28(f) and 23.29(e), and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (2) The Board of Examiners that conducts the examinations for pilotage certificates shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

  • (a) three holders of a certificate of competency for Master Mariner or Master, Near Coastal,

    • (i) one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations,

    • (ii) one of whom is an officer of that Authority, and

    • (iii) one of whom is a pilotage certificate holder for the district or part of the district where the applicant or holder is to pilot or, if no pilotage certificate holder is available, a person who has the skills, knowledge and experience to navigate ships in the district or part of the district effectively and safely; and

  • (b) two licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (3) The officer of the Laurentian Pilotage Authority appointed in accordance with paragraph (1)(a) or (2)(a), as the case may be, shall act as Chairperson of the Board of Examiners.

• (4) The Laurentian Pilotage Authority shall appoint a person who is knowledgeable about each pilotage district where the applicant or holder is to pilot to observe the conduct of any examination by the Board of Examiners and the person shall, following the examination, file with the Minister a written report on the conduct of the examination.

23.35 The Chairperson of the Board of Examiners shall report to the Minister the results of all examinations, including

• (a) the name of each person who passed the examination; and

• (b) the class of licence or pilotage certificate to which each person who passed the examination is entitled.

23.36 The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Minister considers it appropriate to meet their needs.

Number of Licences

• 23.37 (1) The number of licences that may be issued for District No. 1 is limited to 125.

• (2) The number of licences that may be issued for District No. 1-1 is limited to 12.

• (3) The number of licences that may be issued for District No. 2 is limited to 85.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

• 23.38 (1) The minimum number of licensed pilots or pilotage certificate holders that shall be on board a ship at any time is one, except that a minimum of two licensed pilots or pilotage certificate holders shall be on board

  • (a) if the ship is to be piloted in that part of District No. 1 between Montreal and Trois-Rivières or between Trois-Rivières and Quebec and is likely to be under way for more than 11 consecutive hours in that part of that district;

  • (b) if the ship is to be piloted in District No. 2 and is likely to be under way for more than 11 consecutive hours in that district;

  • (c) if the ship is to be piloted in District No. 1 and is of a deadweight tonnage exceeding 63,999;

  • (d) if the ship is to be piloted in District No. 2 and is of a deadweight tonnage exceeding 74,999;

  • (e) if the ship is to be piloted in District No. 1 or District No. 2 and is

    • (i) a tanker with a deadweight tonnage of 40,000 or more, or

    • (ii) a passenger ship of more than 100 m in length;

  • (f) if the ship is to be piloted in District No. 1 and in District No. 2 during the winter navigation period;

  • (g) if, owing to the conditions or nature of the voyage, more than one person is required to perform pilotage duties on the ship; or

  • (h) if the ship is a tug used in towing or pushing one or more barges or scows if any of the barges or scows or the tug is subject to compulsory pilotage.

• (2) Despite paragraph (1)(h), one licensed pilot or pilotage certificate holder may be assigned to a tug if

  • (a) the tug is permanently coupled for the duration of the trip at the stern of the barge or scow being pushed in tandem or as a composite unit or with other barges or scows; and

  • (b) the barge or scow does not carry dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 and meets the requirements of Part 2 of the Vessel Pollution and Dangerous Chemicals Regulations that relate to construction.

• (3) For the purposes of paragraph (1)(f), the Laurentian Pilotage Authority shall determine the winter navigation period in each pilotage district, in the interests of the safety of navigation, in consultation with the Canadian Coast Guard, pilots who are members of a body corporate as described in subsection 15(2) of the Act, and interested groups of shipowners, on the basis of

  • (a) the status of navigational aids;

  • (b) weather;

  • (c) ice formation and ice conditions; and

  • (d) any other pertinent factors.

• (4) The Laurentian Pilotage Authority shall, as soon as practicable after determining the winter navigation period in accordance with subsection (3), inform all affected parties of the determination.

Further Training

23.39 If a licence or pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or certificate shall take such further training as will enable the holder to meet the qualifications set out in paragraphs 23.26(1)(c) to (e).

23.40 If a person who holds a licence or pilotage certificate is unable to meet the qualifications set out in subsection 23.26(2), they shall take further training to ensure that their knowledge of the district or part of that district in respect of which their licence or pilotage certificate is in force, is adequate.

Marine Occurrence

• 23.41 (1) Every holder of a licence or pilotage certificate who is performing pilotage duties on a ship in a compulsory pilotage area at the time the ship is involved in a marine occurrence that is reportable under the Transportation Safety Board Regulations shall immediately, by the fastest means available, report to the Minister full details of the occurrence, including information relating to any pollution or threat of pollution, if the ship

  • (a) causes the loss of or damage to any other vessel or immovable property located in or adjacent to the waters in the area; or

  • (b) is in any manner involved in a reportable marine occurrence that may cause damage to or pollution of the surrounding environment.

• (2) Where the report referred to in subsection (1) is not made in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Minister.

General

23.42 No pilotage certificate holder shall pilot a ship in more than one district or part of a district during a one-way trip, unless they have rested at least 10 hours between pilotage assignments.

DIVISION 3Great Lakes Pilotage Authority Region

Interpretation

24 This Division sets out the provisions applicable to the Great Lakes Pilotage Authority’s region that are in addition to the ones set out in Part 1.

• 24.1 (1) The following definitions apply in this Division.

  Board of Examiners

  Board of Examiners means a Board of Examiners established under section 24.21. (jury d’examen)

  deck watch officer

  deck watch officer means a person who has the immediate charge of the navigation and security of a ship, but does not include a pilot. (officier de quart à la passerelle)

• (2) In this Division, the length of a ship refers to the distance in metres between the fore and aft extremities of the ship.

• (3) In this Division, the breadth of a ship refers to the maximum breadth distance in metres between the outside of the shell plating of the ship.

Compulsory Pilotage Areas

24.2 The areas described in Schedule 4 are established as compulsory pilotage areas within the Great Lakes Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage

General

24.3 The following ships are subject to compulsory pilotage:

• (a) a ship of more than 1,500 gross tonnage; and

• (b) a ship that is not registered in Canada and is more than 35 m in length.

Ferries

• 24.4 (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a ferry that operates on a regular schedule.

• (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

  • (a) the ship’s seaworthiness;

  • (b) exceptional conditions on board the ship; or

  • (c) conditions related to weather, currents or ice.

Tugs

24.5 A ship that is not subject to compulsory pilotage under section 24.3 is subject to compulsory pilotage if the ship is a tug that

• (a) is engaged in towing or pushing two or more ships and the combined length, including the length of any lines, is 80 m or more; or

• (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1,500 or more.

• 24.6 (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a tug that

  • (a) is not engaged in towing or pushing another ship or object;

  • (b) is engaged in towing or pushing a ship that is less than 80 m in length; or

  • (c) is engaged in towing or pushing a ship in a harbour.

• (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

  • (a) the ship’s seaworthiness;

  • (b) exceptional conditions on board the ship; or

  • (c) conditions related to weather, currents or ice.

Ships Under the Conduct of Masters or Deck Watch Officers Licensed in the United States

24.7 A ship that is subject to compulsory pilotage under section 24.3 need not be under the conduct of a licensed pilot or pilotage certificate holder if the ship

• (a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

• (b) is under the conduct of a master or deck watch officer who holds a certificate of competency or similar document issued pursuant to the laws of the United States that authorizes that person to have the conduct of the ship within the compulsory pilotage area in which the ship is navigating.

Waiver of Compulsory Pilotage

• 24.8 (1) The Great Lakes Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

  • (a) the ship is in distress;

  • (b) the ship is proceeding to or assisting a ship in difficulty or in a position of danger;

  • (c) the ship is engaged in rescue or salvage operations;

  • (d) the ship is entering a compulsory pilotage area for the purpose of seeking refuge;

  • (e) the ship is in any compulsory pilotage area described in paragraph 1(e) of Schedule 4 and

    • (i) a licensed pilot or pilotage certificate holder for that area is on board and available on call, or

    • (ii) the master or deck watch officer of the ship is the holder of a pilotage certificate or of a similar document issued by an appropriate authority of the United States, and the certificate or document authorizes the master or deck watch officer to have the conduct of a ship within the area;

  • (f) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been satisfied:

    • (i) the owner, agent or master of the ship has complied with section 24.11,

    • (ii) the owner, agent or master of the ship has provided notice to that Authority of the pilotage services to be performed, the limits of the area for which the waiver is requested, the immediate and ultimate destinations of the ship within the compulsory pilotage area, the name, nationality, length, breadth, deepest draft and gross tonnage of the ship and the nature of the cargo on board the ship,

    • (iii) the master of the ship is familiar with the route and any marine traffic control system in the compulsory pilotage area and is prepared to proceed without the services of a pilot, and

    • (iv) a person referred to in subparagraph (i) has provided to that Authority any other information required by it to ensure safe navigation;

  • (g) one or more licensed pilots refuse to perform the functions of a pilot for any reason other than the safety of the ship; or

  • (h) the ship is necessary for carrying out the following work or for any related operations and that Authority determines that the waiver will not impede safe navigation:

    • (i) dredging work, in which case the waiver applies only for the site specified in the waiver and for travelling to and from the port and spoil grounds within the distance specified in the waiver, or

    • (ii) underwater engineering work such as the construction, laying or maintenance of underwater pipelines or cables or other similar facilities.

• (2) A waiver under paragraph (1)(h) is valid only if it is provided by the Great Lakes Pilotage Authority in writing and may be made subject to the condition that a licensed pilot be engaged for the overall supervision of the ships specified in the waiver, in which case the waiver does not apply unless a licensed pilot is so engaged.

United States Pilots

24.9 If an individual is authorized by an appropriate authority of the United States to have the conduct of a ship in the United States waters of the Great Lakes, that individual may also pilot in the Canadian waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in Quebec, in accordance with paragraph 38.01(2)(c) of the Act.

Navigation in the Compulsory Pilotage Areas

24.10 The Great Lakes Pilotage Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,

• (a) the person in charge of the ship fails to

  • (i) provide safe boarding and disembarking facilities for a pilot,

  • (ii) provide adequate accommodation and meals to a pilot in any case when the pilot is required to be on board the ship for a period of more than three hours, or

  • (iii) sign the pilotage card supplied by that Authority to the pilot; or

• (b) the owner, agent or master of the ship has not complied with section 24.11.

Notice of Requirement for a Pilot

• 24.11 (1) The owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Great Lakes Pilotage Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time four hours before the pilot is so required.

• (2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.

Exchange of Pilots at Iroquois Lock

• 24.12 (1) A ship that is under the conduct of a licensed pilot and is transiting International District 1 shall exchange pilots at Iroquois Lock if,

  • (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or

  • (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes to transit from Cape Vincent to Crossover Island.

• (2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.

Apprenticeship

• 24.13 (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage.

• (2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of a pilotage certificate holder for that area or a licensed pilot for that area, undertake shipboard pilotage training on

  • (a) a Canadian ship of more than 1,500 gross tonnage; or

  • (b) an arrangement of ships whose total gross tonnage is 1,500 or more.

Endorsements

• 24.14 (1) A licence or pilotage certificate shall be endorsed in respect of any qualifications or conditions pertaining to its holder.

• (2) Subject to any qualifications or conditions that are endorsed on it, a licence or pilotage certificate authorizes its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate.

Qualifications

Applicant for a Licence

• 24.15 (1) An applicant for a licence shall

  • (a) have the experience at sea qualifications set out in section 12;

  • (b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties;

  • (c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

  • (d) hold training certificates showing that they have successfully completed

    • (i) SEN Level II, as referred to in the Marine Personnel Regulations, and

    • (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

  • (e) demonstrate professional conduct;

  • (f) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and

  • (g) have a degree of proficiency in the English language sufficient to carry out their pilotage duties.

• (2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Great Lakes Pilotage Authority before taking the examination referred to in paragraph (1)(b).

• (3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, in Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b).

• (4) An applicant for a licence for the Cornwall District shall have a degree of proficiency in the French language sufficient to carry out their pilotage duties in that area.

Applicant for a Pilotage Certificate

24.16 An applicant for a pilotage certificate shall

• (a) have the experience at sea qualifications set out in section 12;

• (b) have completed, within the three years immediately preceding the date of the application, at least 15 trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) either

  • (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties, or

  • (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program;

• (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

• (e) hold training certificates showing that the applicant has successfully completed

  • (i) SEN Level II, as referred to in the Marine Personnel Regulations, and

  • (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

• (f) demonstrate professional conduct;

• (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and

• (h) have a degree of proficiency in the English language sufficient to carry out their pilotage duties.

24.17 An applicant for a pilotage certificate shall provide the Great Lakes Pilotage Authority with

• (a) proof that the applicant is a Canadian citizen or is a permanent resident as set out in subsection 38.1(3) of the Act;

• (b) proof of the applicant’s acquired experience and service in the conduct of Canadian ships, or arrangements of ships, whose total gross tonnage is 1,500 or more in and through the parts of each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

• (d) a photocopy of each training certificate required under paragraph 24.16(e);

• (e) a photocopy of each certificate of competency that the applicant holds; and

• (f) proof of the applicant’s age.

Great Lakes Marine Pilotage Certificate Training Program

24.18 For greater certainty, the Great Lakes Pilotage Authority shall ensure that successfully completing the Great Lakes Marine Pilotage Certificate Training Program is equivalent to passing an examination for a pilotage certificate.

Examinations

• 24.19 (1) An examination for a licence or pilotage certificate shall relate to the applicant’s knowledge of the following topics:

  • (a) the pilotage and navigational requirements of each area in which the applicant intends to perform pilotage duties, including knowledge of the currents, depths of water, anchorage areas, aids to navigation and, as applicable, tides;

  • (b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties;

  • (c) the relevant parts of the Act and the regulations made under it;

  • (d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics;

  • (e) the practical use of all shipboard navigational instruments;

  • (f) the duties, responsibilities and obligations of a pilot; and

  • (g) the relevant customs, port, immigration and pollution regulations.

• (2) If an applicant intends to perform pilotage duties in an area other than the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Seaway Property Regulations.

• (3) If an applicant intends to perform pilotage duties in the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Collision Regulations and any regulations respecting the Port of Churchill.

24.20 An examination for a licence or pilotage certificate shall be conducted at a place determined by the Great Lakes Pilotage Authority and notice of the examination shall be communicated by that Authority to every applicant for a licence or pilotage certificate.

Board of Examiners

• 24.21 (1) A Board of Examiners shall consist of an officer of the Great Lakes Pilotage Authority, who shall be the Chairperson of the Board, and of the Board members appointed by that Authority under subsection (2) or (3).

• (2) In the case of an applicant for a licence for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence for the area; and

  • (b) a person who does not hold a licence for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (3) In the case of an applicant for a pilotage certificate for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence or a pilotage certificate for the area; and

  • (b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (4) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, including

  • (a) the name of each person who passed the examination; and

  • (b) the class of licence or pilotage certificate to which each person who passed the examination is entitled.

Maintaining Qualifications

• 24.22 (1) The holder of a licence must

  • (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1;

  • (b) maintain and, if possible, improve their competence with respect to pilotage duties;

  • (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the licence;

  • (d) maintains valid training certificates, if they were required for the issuance of the licence; and

  • (e) complete, every year, at least five one-way trips in each compulsory pilotage area for which the licence was issued.

• (2) Paragraph (1)(d) does not apply in respect of a licence for the Port of Churchill, Manitoba.

24.23 The holder of a pilotage certificate must

• (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1;

• (b) maintain and, if possible, improve their competence with respect to pilotage duties;

• (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the pilotage certificate;

• (d) maintain valid training certificates, if they were required for the issuance of the pilotage certificate;

• (e) complete, in the three-year period after the date of issuance of the certificate, in the capacity of master or deck watch officer, at least 10 one-way trips in the compulsory pilotage area for which the pilotage certificate was issued; and

• (f) provide, at the request of the Minister, satisfactory evidence that the holder has complied with the requirements of paragraph (e).

Further Training

24.24 A holder of a licence or pilotage certificate shall, at the direction of the Minister, undergo further training

• (a) to enable the holder to meet any new qualifications required under this Division; or

• (b) to improve the holder’s competence with respect to pilotage duties, if the Great Lakes Pilotage Authority or the Minister has reason to believe that the holder may have become a safety risk by virtue of loss of competence in the performance of any pilotage duty.

Shipping Incident

• 24.25 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was on board the ship and any other person who had the conduct of the ship at the time the incident occurred shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship

  • (a) causes the loss of or damage to any other ship or property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship; or

  • (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment.

• (2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution.

• (3) Where a report referred to in subsection (1) cannot be made directly to the Minister, it shall be made to the nearest maritime traffic control centre.

• (4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Great Lakes Pilotage Authority and make a written report of the incident on a form provided by the Minister.

• (5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Minister to any person without the prior consent of the person who made the report.

DIVISION 4Pacific Pilotage Authority Region

Interpretation

25 This Division sets out the provisions applicable to the Pacific Pilotage Authority’s region that are in addition to the ones set out in Part 1.

25.1 The following definitions apply in this Division.

Area 1

Area 1 means the compulsory pilotage area described in paragraph 1(a) of Schedule 5. (zone 1)

Area 2

Area 2 means the compulsory pilotage area described in paragraph 1(b) of Schedule 5. (zone 2)

Area 3

Area 3 means the compulsory pilotage area described in paragraph 1(c) of Schedule 5. (zone 3)

Area 4

Area 4 means the compulsory pilotage area described in paragraph 1(d) of Schedule 5. (zone 4)

Area 5

Area 5 means the compulsory pilotage area described in paragraph 1(e) of Schedule 5. (zone 5)

coastal trade

coastal trade means the regular employment and operation of ships in the waters of the Pacific Pilotage Authority’s region, the waters of Puget Sound, the Strait of Juan de Fuca and the coastal waters of the State of Alaska not west of Cook Inlet. (cabotage)

committee of examiners

committee of examiners means a committee of examiners appointed under section 25.20 to conduct examinations for any class of licence or pilotage certificate or for the apprenticeship system. (commission d’examen)

dangerous goods

dangerous goods has the same meaning as in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

day of service

day of service means a period of watchkeeping duty performed over a period of 12 hours that are not necessarily consecutive. (jour de service)

familiarization trip

familiarization trip means a voyage in a compulsory pilotage area on board a ship during which an applicant for a licence or pilotage certificate observes the licensed pilot assigned to the ship. (voyage d’entraînement)

ferry

ferry means a ship or an arrangement of ships that carries passengers or goods according to a fixed schedule between terminals. (traversier)

marine occurrence

marine occurrence has the same meaning as in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act. (accident maritime)

movage

movage means the moving of a ship wholly within a harbour or port from one anchored or moored position to another or back to the same position, but does not include the warping of a ship from one berth to another solely by means of mooring lines unless a pilot is employed, and includes anchoring of a ship while en route between one harbour, port or pilot boarding station and another due to stress of weather, tidal conditions, safety of the ship or crew, waiting berth availability or waiting due to minor engine or equipment repairs performed by ship’s personnel that are considered reasonable engine or equipment maintenance. (déplacement)

person in charge of the deck watch

person in charge of the deck watch means a person who has the immediate charge of the navigation, manoeuvring, operation or safety of a ship, but does not include a pilot. (personne responsable du quart à la passerelle)

pilot boarding station

pilot boarding station means a place used for the purpose of embarking or disembarking pilots. (station d’embarquement de pilotes)

Second Narrows Traffic Control Zone

Second Narrows Traffic Control Zone means the part of Area 2 that is enclosed within a line drawn 000° from the fixed light on the northeastern end of Terminal Dock to the North Vancouver shoreline at Neptune Terminals and a line drawn 000° from Berry Point Light (approximately 2.4 km east of the CN bridge on the South Shore of the Port of Vancouver) to the North Shore on the opposite side of the channel. (zone de contrôle de la circulation de Second Narrows)

tug

tug means a ship used for towing or pushing purposes. (remorqueur)

voyage

voyage includes a passage or trip of a ship and any movement of a ship from one place to another but does not include a movage. (voyage)

warping

warping means the moving of a ship from one berth to another solely by means of mooring lines. (halage)

Compulsory Pilotage Areas

25.2 The areas described in Schedule 5 are established as compulsory pilotage areas within the Pacific Pilotage Authority’s region.

Experience at Sea Qualifications

• 25.3 (1) An applicant for a licence or pilotage certificate for Area 1 must

  • (a) hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) have completed 10 familiarization trips before the day on which the application is made; and

  • (c) before the day on which the applicant requests an examination referred to in section 25.22, have completed in the Pacific Pilotage Authority region, on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, at least

    • (i) 700 days of service, including at least 250 days in Area 1, as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations, or

    • (ii) 365 days of service, including at least 250 days in Area 1, as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations and at least an additional 547 days as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (g) and (i) to (n) of those Regulations.

• (2) An applicant for a licence or pilotage certificate for Area 2, 3, 4 or 5 must hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations and have completed, before the day on which the application is made,

  • (a) 10 familiarization trips and a total of least 700 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) 15 familiarization trips and, in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, a total of

    • (i) at least 365 days of service as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations, and

    • (ii) at least an additional 547 days of service as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations;

  • (c) 20 familiarization trips and a total of at least 1,000 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations; or

  • (d) 30 familiarization trips and a total of at least 1,000 days of service,

    • (i) at least 635 of which were in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, and

    • (ii) the remainder of which were

      • (A) outside Areas 2, 3, 4 and 5 on board a ship of at least 100 gross tonnage as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, or

      • (B) in at least two of Areas 2, 3, 4, and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(g) and (p) to (r) of the Marine Personnel Regulations.

• (3) At least 100 of the total days of service required by subsections (1) and (2) shall be completed within the 24 months before the day on which the application is made.

• (4) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 shall have completed at least 250 of the total days of service required by subsection (2) in the Area for which the certificate is sought.

Familiarization Program

• 25.4 (1) A person may apply to the Pacific Pilotage Authority for entry into the Familiarization Program.

• (2) The Pacific Pilotage Authority shall approve familiarization trips if

  • (a) in the case of 10 familiarization trips or fewer, the applicant has served at least 50% of the days of service required by paragraph 25.3(1)(c) or 25.3(2)(a); and

  • (b) in the case of more than 10 familiarization trips, the applicant has served at least 75% of the days of service required by any of paragraphs 25.3(2)(b) to (d).

Certificates

25.5 In addition to the certificates required by subsection 10(1), an applicant for or a holder of a licence or pilotage certificate shall hold a training certificate indicating that they have successfully completed a course approved in accordance with section 114 of the Marine Personnel Regulations

• (a) in simulated electronic navigation, level 2; and

• (b) in automatic radar plotting aids.

Apprenticeship

25.6 The holder of a licence shall have successfully completed the apprenticeship system approved by the Minister.

Requirements

25.7 An applicant for a licence or pilotage certificate shall provide the Minister with evidence that the applicant maintained a record of safe ship handling and navigation before applying for their licence or pilotage certificate.

25.8 The holder of a licence or pilotage certificate shall

• (a) have passed the required examinations of their qualifications conducted by the committee of examiners;

• (b) have a degree of proficiency in the English language sufficient to carry out their pilotage duties; and

• (c) have passed a medical examination that tests the holder’s physical and mental fitness for pilotage duties.

Ships Subject to Compulsory Pilotage

• 25.9 (1) Every ship of more than 350 gross tonnage that is not a pleasure craft and every pleasure craft of more than 500 gross tonnage is subject to compulsory pilotage.

• (2) For the purposes of subsection (1), if a ship is part of an arrangement of ships, then the combined tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship is subject to compulsory pilotage.

• (3) Subsection (1) does not apply in respect of

  • (a) a government vessel as defined in section 2 of the Canada Shipping Act, 2001;

  • (b) a ferry; or

  • (c) a United States government ship of less than 10,000 gross tonnage.

Waiver of Compulsory Pilotage

• 25.10 (1) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in any of the following circumstances:

  • (a) the ship is in distress;

  • (b) a person on board the ship requires medical evacuation;

  • (c) the ship is engaged in rescue or salvage operations;

  • (d) the ship is seeking refuge; or

  • (e) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been met:

    • (i) the owner, master or agent of the ship has complied with sections 25.12 and 25.13, and

    • (ii) all persons in charge of the deck watch are familiar with the route and the marine traffic control system in the compulsory pilotage area that the ship is entering.

• (2) The Pacific Pilotage Authority may waive compulsory pilotage in respect of a ship that

  • (a) is warping and is not using its engines or a tug except as a line boat for the handling of the ship’s lines;

  • (b) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — to a pilot boarding station located within a compulsory pilotage area for the purpose of embarking a licensed pilot; or

  • (c) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — out of a compulsory pilotage area after disembarking a licensed pilot at a pilot boarding station located within that area.

• (3) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship of less than 10,000 gross tonnage if, as of the day on which the application is made, every person in charge of the deck watch

  • (a) holds the certificates that are required by Part 2 of the Marine Personnel Regulations or, if the ship is not Canadian, equivalent certificates;

  • (b) has completed, as a person in charge of the deck watch on voyages in that Authority’s region or engaged in the coastal trade, at least

    • (i) 150 days of service in the preceding 18 months, or

    • (ii) 365 days of service in the preceding 60 months, including at least 60 days in the preceding 24 months; and

  • (c) has served as a person in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on at least one occasion within the preceding 24 months.

• (4) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 west of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed five return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed five return voyages, of which that Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (5) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 east of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed 10 return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed 10 return voyages, of which that Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (6) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is carrying dangerous goods and travelling in the Second Narrows Traffic Control Zone if every person in charge of the deck watch has, as of the day on which the application is made, completed six return voyages, at least one of which was completed within the preceding 24 months, of which the Pacific Pilotage Authority was given prior notice, through that Zone

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed six return voyages, of which that Authority was given prior notice, through that Zone with a licensed pilot.

• (7) If a ship is part of an arrangement of ships then the combined gross tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage under subsection (3).

• (8) For greater certainty, the Pacific Pilotage Authority may not waive compulsory pilotage in respect of any period before the embarkation or after the disembarkation of the persons who meet the conditions set out in subsections (3) to (6), as the case may be.

• (9) Despite subsections (3) to (6), a ship is subject to compulsory pilotage if there is a risk to navigational safety because of

  • (a) ship safety orders resulting from an environmental risk;

  • (b) exceptional circumstances on board the ship; or

  • (c) extreme conditions related to weather, tides or currents or freshet conditions.

• (10) An application for a waiver of compulsory pilotage other than an application made under a circumstance described in subsection (1) or (2) shall be made in writing.

• (11) At the request of the Pacific Pilotage Authority, the persons in charge of the deck watch referred to in subsections (1) to (6) shall produce evidence that the conditions set out in this section continue to be met.

Pilot Boarding Stations

25.11 There shall be a pilot boarding station

• (a) at Fairway Buoy, off Brotchie Ledge near Victoria;

• (b) off Cape Beale, at the entrance to Trevor Channel in Barkley Sound;

• (c) off Triple Island, near Prince Rupert;

• (d) off Pine Island, near Port Hardy;

• (e) off Sand Heads, at the mouth of the Fraser River, for Area 1 pilot transfers; and

• (f) at any place in the Pacific Pilotage Authority’s region that it considers necessary to ensure a safe and efficient pilotage service.

Notice to Obtain Pilots

25.12 The master, owner or agent of a ship that is subject to compulsory pilotage and requires the services of a licensed pilot shall

• (a) with respect to the pilot boarding station referred to in paragraph 25.11(a),

  • (i) provide notice to the Pacific Pilotage Authority of the estimated time of the ship’s arrival, Coordinated Universal Time, at least 12 hours before arrival, and

  • (ii) confirm or correct the estimated time of the ship’s arrival four hours prior to arrival; and

• (b) with respect to the pilot boarding stations referred to in paragraphs 25.11(b) to (f),

  • (i) provide notice to the Pacific Pilotage Authority of the estimated time of the ship’s arrival, Coordinated Universal Time, at least 48 hours before arrival, and

  • (ii) confirm or correct the estimated time of the ship’s arrival at least 12 hours prior to arrival.

Required Information in Notice

25.13 The notice referred to in section 25.12 shall include

• (a) the pilotage service to be performed;

• (b) the name, nationality, length, breadth, deepest draft and gross tonnage of the ship; and

• (c) any other information about the ship that affects its speed or manoeuvrability or the safety of navigation.

Notification of Pilotage Certificate Holders and Waivers

• 25.14 (1) If a person in charge of the deck watch of a ship is a pilotage certificate holder, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Pacific Pilotage Authority of the intended voyage of the ship and the name of the holder and the number of their certificate.

• (2) If a waiver of compulsory pilotage has been granted in respect of a ship, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Pacific Pilotage Authority of the intended voyage of the ship and the names of all persons in charge of the deck watch.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates on Board

• 25.15 (1) Subject to subsection (2), the minimum number of licenced pilots or pilotage certificate holders that shall be on board a ship at any time is one, except that two pilots shall be on board

  • (a) for any voyage during which the ship would require the services of a pilot on bridge watch for a period exceeding eight consecutive hours;

  • (b) for any voyage during which the ship would require the services of a pilot on bridge watch for a distance exceeding 105 consecutive nautical miles;

  • (c) if the ship cannot be safely navigated by only one pilot on bridge watch; or

  • (d) if the ship has requested two pilots.

• (2) A licensed pilot or pilotage certificate holder who has conduct of a towed ship may be on board the tug by which it is towed.

Licences

• 25.16 (1) The classes of licences that may be issued by the Minister are Class I and Class II licences.

• (2) A licence issued by the Minister shall have an endorsement on it that states what class of licence it is and in which compulsory pilotage areas the holder may pilot.

• (3) The Minister may issue a Class I licence to the holder of a Class II licence who has served satisfactorily as the holder of a Class II licence for a period of one year.

• (4) The Minister may issue a Class II licence to an apprentice pilot who meets the qualifications for a licence.

Pilotage Certificates

25.17 A pilotage certificate issued by the Minister may have an endorsement setting out any requirements or restrictions applicable to the holder and shall be endorsed with the following:

• (a) the size and type of ship that the pilotage certificate holder may pilot; and

• (b) the compulsory pilotage areas in which or the specific routes within a compulsory pilotage area on which the holder may pilot.

Applications for Licences and Pilotage Certificates

25.18 An applicant for a licence or pilotage certificate shall provide the Minister with evidence, information and references that will satisfy the Minister that they meet all the qualifications required by the Act and these Regulations.

Further Training

25.19 The holder of a licence or pilotage certificate shall be required to take further training to enable them to meet new qualifications of holders of licences and pilotage certificates required by this Division since their licence or certificate was issued and that they do not meet.

Examinations

• 25.20 (1) To determine whether an applicant for or the holder of a licence or pilotage certificate or an applicant who wishes to become an apprentice pilot meets the qualifications for applicants and holders required by the Act and these Regulations, the Minister may refer the qualifications of the applicant or holder to a committee of examiners.

• (2) There shall be two committees of examiners consisting of five members each.

• (3) One of the committees of examiners shall examine the qualifications of applicants and holders with respect to Area 1 and the other committee shall examine the qualifications of applicants and holders with respect to Areas 2, 3, 4 and 5.

• (4) Each committee of examiners shall consist of

  • (a) two persons appointed by the Pacific Pilotage Authority, one of whom shall be Chairperson of the committee;

  • (b) a licensed pilot appointed by the representative body of licensed pilots;

  • (c) a licensed pilot appointed by that Authority; and

  • (d) a master mariner appointed by that Authority.

• (5) A committee of examiners shall be appointed for a term of one year beginning on July 1 of each year.

• (6) Any retiring member of a committee of examiners shall be eligible for re-appointment to that committee.

• (7) A quorum of a committee of examiners shall be four members.

25.21 A committee of examiners shall

• (a) prepare a list of applicants who are eligible to become apprentice pilots or holders of licences or pilotage certificates and submit the list to the Pacific Pilotage Authority for approval;

• (b) conduct examinations under the direction of the Pacific Pilotage Authority;

• (c) submit to the Minister statements of the results of all examinations conducted by the committee of examiners;

• (d) prepare the curriculum of training for the Pacific Pilotage Authority’s apprenticeship system and any pilotage certificate training program that is established by that Authority; and

• (e) hold regular meetings as directed by the Pacific Pilotage Authority to review the progress of persons in the apprenticeship system and any pilotage certificate training program that is established by that Authority.

• 25.22 (1) Examinations conducted by a committee of examiners shall be in any form that the Pacific Pilotage Authority determines and shall include questions relating to the following:

  • (a) local knowledge of every area to which the application, licence or pilotage certificate relates including

    • (i) tides and currents,

    • (ii) dredged channel widths and depths,

    • (iii) depth of water,

    • (iv) important and essential cable areas and prohibited anchorage areas,

    • (v) anchorage areas and depths,

    • (vi) aides to navigation, and

    • (vii) bridge signals and clearances;

  • (b) knowledge of

    • (i) the Collision Regulations,

    • (ii) regulations under the Canada Marine Act respecting harbours and ports,

    • (iii) the Act and the regulations made under it, and

    • (iv) the Quarantine Regulations;

  • (c) seamanship and ship handling;

  • (d) docking problems and the use of tugs and anchors;

  • (e) general chart work, including the correction of courses and compass errors;

  • (f) communications;

  • (g) International Code of Signals, including the use of one and two flag signals;

  • (h) duties of a pilot;

  • (i) use of navigational and bridge instruments;

  • (j) practical knowledge of the interpretation and operation of radar; and

  • (k) any other subjects that the committee of examiners may consider necessary.

• (2) A candidate may attempt the examinations referred to in subsection (1) up to six times.

Place of Examinations

25.23 Examinations conducted by the committee of examiners shall be held at the place that the Pacific Pilotage Authority may from time to time prescribe in a notice given by that Authority to the persons who will take the examinations.

Eligibility for Apprenticeship System

• 25.24 (1) The name of an applicant who wishes to become an apprentice pilot and meets the qualifications for an applicant for or a holder of a licence set out in the Act and these Regulations shall be placed by a committee of examiners on an eligibility list prepared by them under paragraph 25.21(a).

• (2) The name of an applicant who meets the qualifications referred to in subsection (1) shall be placed on the eligibility list after the last name on the list.

• (3) If several applicants meet the qualifications referred to in subsection (1) at the same time, their names shall be placed on the eligibility list after the last name on the list in an order that ranks them, from highest to lowest, in accordance with their results in the examinations referred to in section 25.22.

• (4) The name of an applicant referred to in subsection (1) shall remain on the eligibility list for a period of two years.

• (5) Upon the expiration of the two-year period referred to in subsection (4), the name of the applicant shall be removed from the eligibility list unless they establish to the satisfaction of the committee of examiners that they

  • (a) have, during the two-year period, maintained sea service in each area in respect of which they intend to become an apprentice pilot; and

  • (b) meet the qualifications referred to in subsection (1).

Appointment of Apprentice Pilots

25.25 If the Pacific Pilotage Authority requires an apprentice pilot to meet the needs of the pilotage service, that Authority may appoint as an apprentice pilot a person whose name is at the top of the eligibility list referred to in section 25.24.

Duration of Apprenticeship

• 25.26 (1) An apprentice pilot shall,

  • (a) to qualify for a licence for Area 1, serve as an apprentice pilot for a period of not less than three months in that Area and complete during that period not fewer than 50 assignments in the Area with a licensed pilot; or

  • (b) to qualify for a licence for Areas 2 to 5,

    • (i) serve as an apprentice pilot for a period of not less than six months and not more than 24 months in those Areas, and

    • (ii) during the period served as required by subparagraph (i), complete not fewer than 90 assignments with a licensed pilot.

• (2) A person shall cease to be an apprentice pilot when they

  • (a) are granted a licence;

  • (b) withdraw from the apprenticeship system; or

  • (c) are discharged from the apprenticeship system by the Pacific Pilotage Authority.

Apprenticeship System Training

• 25.27 (1) An apprentice pilot shall,

  • (a) when directed to do so by the Pacific Pilotage Authority, take examinations both written and oral before the committee of examiners;

  • (b) make the voyages at the direction of the Pacific Pilotage Authority that will give them the most extensive experience in the waters and ports of the compulsory pilotage area in respect of which they wish to obtain a licence; and

  • (c) keep a log of all voyages made by them pursuant to paragraph (b) in a form approved by the Pacific Pilotage Authority.

• (2) An apprentice pilot shall be under the direction and command of the licensed pilot of the ship to which they are assigned.

• (3) The Pacific Pilotage Authority may assign one apprentice pilot to a ship and may assign a second apprentice pilot to a ship after consultation with the ship’s master, owner or agent.

Marine Occurrence

• 25.28 (1) If a ship that is subject to compulsory pilotage or a ship in respect of which a waiver of compulsory pilotage has been granted is involved in a marine occurrence in a compulsory pilotage area, the person who has the conduct of the ship at the time of the marine occurrence shall submit a full report on the marine occurrence to the Minister.

• (2) If the person who has the conduct of the ship at the time of the marine occurrence is not the master, the master shall also submit a full report on the marine occurrence to the Minister.

• (3) A person who is required to submit a full report on the marine occurrence shall do so

  • (a) within 72 hours after the marine occurrence; or

  • (b) within an additional period of time granted to the person by the Minister under subsection (4).

• (4) The Minister shall grant an additional period of time if the Minister is notified within 72 hours after the marine occurrence that the person is unable to submit the report within those 72 hours because the person was injured in the marine occurrence or because the person is in a location that does not have a scheduled transportation service or a communication system that can be used to submit the report.

26 [Repealed, SOR/2022-114, s. 6]

27 [Repealed, SOR/2022-114, s. 6]

28 [Repealed, SOR/2022-114, s. 6]

29 [Repealed, SOR/2022-114, s. 6]