General Pilotage Regulations (SOR/2000-132)

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.