General Pilotage Regulations (SOR/2000-132)

• 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.