Pilotage Act (R.S.C., 1985, c. P-14)

Act current to 2016-06-21 and last amended on 2015-02-26. Previous Versions

Marginal note:Notice of objection to proposed regulation
  •  (1) Any person who has reason to believe that a regulation that an Authority proposes to make under paragraph 20(1)(a) or (f) is not in the public interest may file a notice of objection setting out the grounds therefor with the Minister within thirty days following publication of the proposed regulation in the Canada Gazette under subsection 20(3).

  • Marginal note:Investigation

    (2) Where a notice of objection is filed pursuant to subsection (1), the Minister shall appoint a person to make such investigation of the proposed regulation, including the holding of public hearings, as in the opinion of the Minister is necessary or desirable in the public interest.

  • Marginal note:Powers of investigator

    (3) A person appointed under subsection (2) shall have all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Report

    (4) On completion of a hearing under this section, the person holding the hearing shall send a report to the Minister, who may, by order, approve, amend or disapprove the proposed regulation, either in accordance with the report or otherwise, and the Authority shall make the regulation accordingly.

  • 1970-71-72, c. 52, s. 14.

Licences and Certificates

Marginal note:Issue of licence or pilotage certificate
  •  (1) Subject to subsection (2) and any regulations made pursuant to paragraph 20(1)(j), an Authority shall,

    • (a) on receipt of an application in writing for a licence or pilotage certificate, and

    • (b) on being satisfied that the applicant therefor is able to meet the qualifications prescribed by the Governor in Council pursuant to section 52 and by the Authority pursuant to subsection 20(1),

    issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area equivalent to that required of an applicant for a licence for that compulsory pilotage area.

  • Marginal note:Citizenship of applicants

    (2) No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is

    • (a) a Canadian citizen; or

    • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Authority, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

  • Marginal note:Term in case of issue to permanent resident

    (3) Every licence or pilotage certificate issued to a permanent resident ceases to be valid five years after the date the licence is issued unless the permanent resident becomes a Canadian citizen before that date.

  • Marginal note:Term where qualifications met

    (4) A licence or pilotage certificate of any class remains in force while the licensed pilot or holder of the pilotage certificate is able to meet the qualifications prescribed by the regulations for a holder of that class of licence or pilotage certificate, including any qualifications prescribed by regulation since the licence or pilotage certificate was issued or deemed to be issued.

  • R.S., 1985, c. P-14, s. 22;
  • 2001, c. 27, s. 268.
Marginal note:Replacement with licence or pilotage certificate of different class

 Where a licensed pilot or holder of a pilotage certificate is unable to meet the qualifications prescribed by the regulations for the class to which the licence or pilotage certificate belongs, an Authority shall cancel the licence or pilotage certificate and, if the licensed pilot or holder of a pilotage certificate is able to meet the qualifications for a licence or pilotage certificate of a different class, the Authority shall issue a licence or pilotage certificate of that different class to the licensed pilot or holder of a pilotage certificate.

  • 1970-71-72, c. 52, s. 15.

 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 85]

Marginal note:Prohibition where pilotage compulsory
  •  (1) Except as provided in the regulations, no person shall have the conduct of a ship within a compulsory pilotage area unless the person is a licensed pilot or a regular member of the complement of the ship who is the holder of a pilotage certificate for that area.

  • Marginal note:Pilot responsible to master

    (2) A licensed pilot who has the conduct of a ship is responsible to the master for the safe navigation of the ship.

  • Marginal note:When disqualified from pilotage

    (3) No licensed pilot or holder of a pilotage certificate

    • (a) who knows of any physical or mental disability that prevents that pilot or holder from meeting the qualifications required of a holder of a licence or pilotage certificate,

    • (b) whose ability is impaired by alcohol or a drug or from any other cause, or

    • (c) whose licence or pilotage certificate is suspended,

    shall have the conduct of a ship within a compulsory pilotage area or be on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board.

  • Marginal note:Prohibition of alcohol or drug consumption

    (4) No licensed pilot or holder of a pilotage certificate shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship.

  • 1970-71-72, c. 52, s. 16.
Marginal note:Master may relieve pilot or pilotage certificate holder
  •  (1) Notwithstanding any provision of this Part, where the master of a ship believes on reasonable grounds that the actions of a licensed pilot or holder of a pilotage certificate on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship from the licensed pilot or holder of a pilotage certificate or relieve the licensed pilot from duty on board ship.

  • Marginal note:Master to report

    (2) Where the master of a ship takes the conduct of a ship from a licensed pilot or holder of a pilotage certificate pursuant to subsection (1), the master shall file, within three days of taking the conduct of the ship, a written report setting out the master’s reasons therefor with the Authority that issued the licence or pilotage certificate.

  • R.S., 1985, c. P-14, s. 26;
  • 2001, c. 26, s. 318.
Marginal note:Suspension of licence
  •  (1) The Chairperson of an Authority may suspend a licence or pilotage certificate for a period not exceeding fifteen days where the Chairperson has reason to believe that the licensed pilot or the holder of the pilotage certificate

    • (a) while having the conduct of a ship or being on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board, contravened subsection 25(3) or (4);

    • (b) has reported for duty and, in the circumstances, would have been in contravention of subsection 25(3) if the licensed pilot or holder of the pilotage certificate had been on duty;

    • (c) has been negligent in the duty of the licensed pilot or holder of the pilotage certificate; or

    • (d) does not meet the qualifications required of a holder of a licence or pilotage certificate.

  • Marginal note:Confirmation of oral suspension

    (2) Where the Chairperson of an Authority suspends a licence or pilotage certificate orally, the Chairperson shall, within forty-eight hours after the suspension, confirm the suspension in writing together with the reasons therefor to the licensed pilot or holder of the pilotage certificate at the address of that pilot or holder as shown on the register kept by the Authority pursuant to section 32.

  • Marginal note:Report to Authority

    (3) Where the Chairperson of an Authority suspends a licence or pilotage certificate, the Chairperson shall, within forty-eight hours after the suspension, report the suspension to the Authority.

  • Marginal note:Suspension or cancellation by Authority

    (4) Where the Authority receives a report pursuant to subsection (3), it may

    • (a) approve or revoke the suspension under subsection (1);

    • (b) suspend the licence or pilotage certificate

      • (i) for a further period not exceeding one year, or

      • (ii) for an indefinite period until the licensed pilot or holder of the pilotage certificate shows the ability to meet the qualifications prescribed by the regulations; or

    • (c) cancel the licence or pilotage certificate.

  • Marginal note:Notice to pilot

    (5) No action shall be taken pursuant to paragraph (4)(b) or (c) unless, before the suspension by the Chairperson under subsection (1) terminates, the Authority gives written notice to the licensed pilot or holder of the pilotage certificate setting out the action the Authority proposes to take and the reasons therefor.

  • R.S., 1985, c. P-14, s. 27;
  • 2006, c. 9, s. 294(E).
 
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