Pilotage Act (R.S.C., 1985, c. P-14)

Marginal note:Suspension of licence

• 27. (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.

Marginal note:Hearings

• 28. (1) An Authority shall, before refusing to issue a licence or pilotage certificate or cancelling a licence or pilotage certificate pursuant to section 23, afford the applicant therefor or holder thereof or the representative of that applicant or holder a reasonable opportunity to be heard.

• Marginal note:Idem

  (2) Where the Authority gives written notice to a licensed pilot or the holder of a pilotage certificate that it proposes to suspend the licence or pilotage certificate for a further period or to cancel the licence or pilotage certificate pursuant to subsection 27(4), the Authority shall afford the holder of the licence or pilotage certificate or the representative of the holder a reasonable opportunity to be heard before the action is taken.

• Marginal note:Where hearings to be public

  (3) Where a hearing is to be held as provided by subsection (1) or (2) and the applicant for a licence or pilotage certificate or the holder of the licence or pilotage certificate, as the case may be, requests a public hearing or the Authority is satisfied that it would be in the public interest to hold a public hearing, the Authority shall hold a public hearing and hear all persons having an interest in the matter who wish to be heard in connection therewith.

• Marginal note:Powers respecting hearing

  (4) The Authority has, in relation to any hearing before it, all the powers of a commissioner under Part I of the Inquiries Act.