General Pilotage Regulations (SOR/2000-132)

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.