Atlantic Pilotage Authority Regulations (C.R.C., c. 1264)

Regulations are current to 2014-09-01 and last amended on 2014-03-12. Previous Versions

Atlantic Pilotage Authority Regulations

C.R.C., c. 1264

PILOTAGE ACT

Regulations Respecting the Establishment, Operation, Maintenance and Administration of Pilotage Services within the Atlantic Pilotage Authority Region

SHORT TITLE

 These Regulations may be cited as the Atlantic Pilotage Authority Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Pilotage Act; (Loi)

“Authority”

“Authority” means the Atlantic Pilotage Authority; (Administration)

“Board of Examiners”

“Board of Examiners” means the persons appointed pursuant to subsection 17(3) to conduct examinations for any class of licence or pilotage certificate; (jury d'examen)

“deck watch officer”

“deck watch officer”[Repealed, SOR/2014-36, s. 1]

“gross registered tons”

“gross registered tons”[Repealed, SOR/2006-73, s. 1]

“gross tons”

“gross tons” means gross tonnage as defined in section 2 of the Canada Shipping Act, 2001; (jauge brute)

“movage”

“movage” means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. (déplacement)

“offshore supply vessel”

“offshore supply vessel” means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations; (navire ravitailleur en mer)

“person in charge of the deck watch”

“person in charge of the deck watch” means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes him or her to do so; (personne chargée du quart à la passerelle)

“pilot dispatch office”

“pilot dispatch office” means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans. (bureau d’affectation des pilotes)

  • SOR/2006-73, s. 1;
  • SOR/2014-36, s. 1.

COMPULSORY PILOTAGE AREAS

 The areas described in the schedule are hereby established as compulsory pilotage areas within the region of the Authority.

  • SOR/2009-78, s. 1(E).

SHIPS SUBJECT TO COMPULSORY PILOTAGE

  •  (1) The following ships and classes of ships are subject to compulsory pilotage within the areas referred to in section 3:

    • (a) Canadian-registered ships over 1,500 gross tons;

    • (b) ships not registered in Canada, including floating cranes;

    • (c) oil rigs;

    • (d) any combination of tug and tow in which

      • (i) the combined gross tonnage exceeds 1,500 gross tons, or

      • (ii) more than one unit is being towed and the combined gross tonnage exceeds 500 gross tons;

    • (e) pleasure craft over 500 gross tons; and

    • (f) ferries that are entering or leaving a port that is not one of their regularly scheduled terminals.

  • (2) Despite subsection (1), the following ships and classes of ships are not subject to compulsory pilotage within the areas referred to in section 3:

    • (a) Canadian-government ships;

    • (b) Canadian-registered ships that are employed in catching or processing fish or other living resources of the sea;

    • (c) Canadian-registered offshore supply vessels of 5,000 gross tons or less that have an operations base in a port located within one of the areas;

    • (d) ferries that are operating on a regular schedule between two terminals and that are crewed by masters and persons in charge of the deck watch who

    • (e) pleasure craft of 500 gross tons or less not registered in Canada; and

    • (f) tugs of 500 gross tons or less that are not registered in Canada and that are crewed by masters and persons in charge of the deck watch who

  • (2.1) Despite subsection (1), a ship that is 225.5 m (739.83 ft.) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part III of the schedule (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

  • (2.2) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage within the Halifax compulsory pilotage area described in section 2 of Part III of the schedule if

    • (a) the ship or vessel, while within that compulsory pilotage area, is under the operational command of the Commander, Maritime Command, and has been under his operational command for the 30 days before the ship or vessel entered the compulsory pilotage area; and

    • (b) the Commander, Maritime Command, has notified the Authority in writing that the person who is, while the ship or vessel is within that compulsory pilotage area, the commanding officer of the ship or vessel has completed a program of training and familiarization with respect to that compulsory pilotage area that is equivalent to the program completed by officers commanding Canadian ships of war and vessels of war in that compulsory pilotage area.

  • (2.3) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage while within the specified part of the Halifax compulsory pilotage area if the ship or vessel, while within the specified part,

    • (a) has a pilot employed by the Department of National Defence on board; and

    • (b) is made fast to and manoeuvred solely by tugs owned by the Government of Canada.

  • (2.4) For the purpose of subsection (2.3), "specified part" in respect of the Halifax compulsory pilotage area means that part of the Halifax compulsory pilotage area described in section 2 of Part III of the schedule that lies between a line commencing at a point at Latitude 44°39’15”N., Longitude 63°34’44”W., thence on a bearing of 063°(True) for a distance of 640 m, thence on a bearing of 335°(True) to shore, and a line commencing at a point at Latitude 44°39’50”N., Longitude 63°35’30”W., thence on a bearing of 063°(True) for a distance of 380 m, and thence on a bearing of 335°(True) to shore.

  • (2.5) Despite subsection (1), a ship that is less than 15 000 gross tons is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part II of the schedule (Zone A, Outer).

  • (3) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 3 if the Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

    • (a) the seaworthiness of the ship;

    • (b) unusual conditions on board the ship;

    • (c) operations being conducted by the ship; or

    • (d) weather conditions, tides, currents or ice.

  • SOR/82-52, s. 1;
  • SOR/82-527, s. 1;
  • SOR/86-685, s. 1;
  • SOR/87-722, s. 1(F);
  • SOR/90-576, s. 1;
  • SOR/99-153, s. 1;
  • SOR/2000-338, s. 1;
  • SOR/2006-73, s. 2;
  • SOR/2008-29, s. 1;
  • SOR/2014-36, s. 2.

EXTENSION OF THE SAINT JOHN COMPULSORY PILOTAGE AREA FOR TANKERS AND LIQUID NATURAL GAS CARRIERS

  •  (1) For the purposes of section 4.2, the following area within the region of the Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part I of the schedule plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W.

  • (2) For the purposes of sections 4.2 and 4.3, “Canaport marine facilities” means the Canaport marine facilities — both offshore and onshore — at Mispec, New Brunswick.

  • SOR/2009-78, s. 2.

 Tankers and liquid natural gas carriers that are proceeding to the Canaport marine facilities are subject to compulsory pilotage within the Saint John compulsory pilotage area.

  • SOR/2009-78, s. 2.
  •  (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W.

  • (2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W.

  • SOR/2009-78, s. 2.

WAIVERS

Boarding Stations

 If a boarding station is within a compulsory pilotage area, the Authority may waive compulsory pilotage in respect of the ship in either of the following circumstances:

  • (a) the ship is entering the compulsory pilotage area to embark a licensed pilot at the boarding station; or

  • (b) the ship is leaving the compulsory pilotage area after it has disembarked a licensed pilot at the boarding station.

  • SOR/81-317, s. 1;
  • SOR/82-678, s. 1;
  • SOR/90-576, s. 2;
  • SOR/2000-319, s. 1;
  • SOR/2006-73, s. 3;
  • SOR/2014-36, s. 3.

Urgent Circumstances

 The Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

  • (a) the ship is engaged in rescue operations;

  • (b) the ship is entering a compulsory pilotage area for refuge;

  • (c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or

  • (d) the ship is in distress.

  • SOR/2014-36, s. 3.

Unavailability of Pilots

  •  (1) Subject to subsection (2), the Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

    • (a) no licensed pilot is available to perform pilotage duties; or

    • (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

  • (2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 6 to 8 and the application for waiver contains the following information:

    • (a) the name, nationality, call sign, draught and gross tonnage of the ship;

    • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area;

    • (c) the nature of any cargo on board the ship;

    • (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and

    • (e) whether the master of the ship is prepared to proceed without the services of a pilot.

  • SOR/2014-36, s. 3.

Extended Waivers

  •  (1) If safe navigation will not be impeded, the Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

    • (a) the ship is necessary for carrying out

      • (i) dredging work,

      • (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities,

      • (iii) other underwater engineering work,

      • (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or

      • (v) work related to any work or operations set out in subparagraphs (i) to (iv);

    • (b) the ship is engaged in salvage operations;

    • (c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or

    • (d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base.

  • (2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

  • (3) A waiver under this section shall be issued in writing.

  • (4) If safe navigation will not be impeded, the Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

  • SOR/2014-36, s. 3.

Conditions and Rescissions

 The Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation.

  • SOR/2014-36, s. 3.

 The Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if

  • (a) a condition of the waiver is not met; or

  • (b) the operations of the ship impede safe navigation.

  • SOR/2014-36, s. 3.

NOTICES TO OBTAIN PILOTS — ARRIVALS

  •  (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall,

    • (a) at least 12 hours before the estimated time of arrival of the ship, give a notice of the estimated time (G.M.T.) of arrival of the ship; and

    • (b) in the time set out by the Authority in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans, for the particular compulsory pilotage area concerned, give a notice confirming or correcting the estimated time of arrival.

  • (2) The notice required under paragraph (1)(a) shall be given

    • (a) by calling the pilot dispatch office; or

    • (b) by calling a Canadian Coast Guard radio station to request that the notice be relayed to the pilot dispatch office.

  • SOR/90-576, s. 3;
  • SOR/2006-73, s. 4.

NOTICES TO OBTAIN PILOTS — DEPARTURES AND MOVAGES

 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Authority for that area in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship.

  • SOR/90-576, s. 4;
  • SOR/2006-73, s. 5.

REQUIRED INFORMATION

  •  (1) In giving the notice required under paragraph 6(1)(a), the owner, master or agent of the ship shall state

    • (a) the name, nationality, call sign, draught and gross registered tonnage of the ship; and

    • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area.

  • (2) Where the ship has on board the holder of a pilotage certificate who is certificated for the compulsory pilotage area through which the ship is to sail, a notice required under section 6 or 7 shall state

    • (a) the name of the holder of the pilotage certificate and the certificate number; and

    • (b) the information required under paragraphs (1)(a) and (b).

 The Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 6 to 8.

CLASSES OF LICENCES AND PILOTAGE CERTIFICATES

  •  (1) The Authority may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates.

  • (2) The holder of a licence or a pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Authority.

  • (3) The Authority may endorse any gross tonnage limit over 40,000 gross tons on a Class A licence or Class A pilotage certificate.

  • (4) The Authority may endorse a gross tonnage limit not to exceed 40,000 gross tons on a Class B licence or Class B pilotage certificate.

  • (5) The Authority may endorse a gross tonnage limit not to exceed 10,000 gross tons on a Class C licence or Class C pilotage certificate.

  • SOR/2006-73, s. 6.

APPRENTICE PERMITS

 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size.

ENDORSEMENTS

 A licence or pilotage certificate that is issued by the Authority for a compulsory pilotage area, and that has the name of that area endorsed on it, permits its holder to perform pilotage duties only in that area and in any approach to or from a boarding station for that area that is located outside of it.

  • SOR/2006-73, s. 7(F);
  • SOR/2014-36, s. 4.

PILOTAGE CERTIFICATES

  •  (1) A pilotage certificate issued by the Authority permits its holder to perform pilotage duties only on board the ship of which he or she is a regular member of the complement.

  • (2) The Authority shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is permitted to perform pilotage duties.

  • SOR/2006-73, s. 8.

QUALIFICATIONS

General Qualifications

  •  (1) In addition to meeting the navigational and health qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate shall

    • (a) hold a Restricted Operator’s Certificate (ROC-MC);

    • (b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;

    • (c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements of the General Pilotage Regulations;

    • (d) be able to speak and write English to the extent necessary to carry out pilotage duties;

    • (e) have local knowledge of each pilotage area in which he or she intends to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;

    • (f) have up-to-date knowledge of the harbour and other marine regulations that apply in each pilotage area in which he or she intends to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations, the Act and the regulations made under it; and

    • (g) have a record of safe ship handling and navigation.

  • (2) The holder of a licence or pilotage certificate shall

    • (a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;

    • (b) continue to meet the qualifications prescribed by paragraphs (1)(d) to (g); and

    • (c) continue to hold every certificate that he or she was required to hold in order to obtain the licence or pilotage certificate.

  • SOR/82-52, s. 2;
  • SOR/83-741, s. 1;
  • SOR/90-576, s. 5;
  • SOR/92-679, s. 1;
  • SOR/95-430, s. 1;
  • SOR/98-326, s. 1;
  • SOR/2006-73, ss. 9, 16, 17(F);
  • SOR/2009-78, s. 5(F);
  • SOR/2014-36, s. 5.

Experience at Sea — Applicants

  •  (1) In addition to meeting the experience at sea qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application,

    • (a) have served on voyages in the compulsory pilotage area for

      • (i) at least 18 months as master,

      • (ii) at least one year as the person in charge of the deck watch and at least one year as master, or

      • (iii) at least three years as the person in charge of the deck watch; or

    • (b) have completed in the compulsory pilotage area

      • (i) at least 30 one-way trips as master,

      • (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or

      • (iii) at least 60 one-way trips as the person in charge of the deck watch.

  • (2) Instead of meeting the additional experience at sea qualifications prescribed by subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarity program that is established by the Authority and provides an equivalent degree of experience.

  • SOR/2014-36, s. 5.
  •  (1) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, 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 having the conduct 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 prescribed by section 14.1, 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 having the conduct 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 having the conduct of a ship that is subject to compulsory pilotage under section 4.

  • SOR/2014-36, s. 5.

Experience at Sea — Holders

  •  (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 Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the prescribed number of trips within the prescribed period;

    • (b) the holder completes a familiarity program established by the Authority; and

    • (c) the holder demonstrates to the Authority that, within the prescribed period, he or she has gained experience equivalent to the number of trips prescribed for that area.

  • SOR/2014-36, s. 5.
  •  (1) Subject to section 24, the holder of a pilotage certificate 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 24, the holder of a pilotage certificate 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.

  • SOR/2014-36, s. 5.

 The holder of a licence or a pilotage certificate shall, on request, provide the Authority with documents confirming that the holder meets, as applicable, the requirements of sections 14.3 and 14.4.

  • SOR/2014-36, s. 5.

Licences for Non-compulsory Pilotage Areas

 Subsection 14(1) does not apply in respect of an applicant for a licence for a non-compulsory pilotage area if the applicant is the holder of a licence for a compulsory pilotage area.

  • SOR/90-576, s. 6;
  • SOR/95-430, s. 2;
  • SOR/2006-73, s. 10(F);
  • SOR/2014-36, s. 5.

Convictions under the Act or the Criminal Code

 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of his application to become a holder, he has been convicted

  • (a) of an offence under the Act; or

  • (b) of an offence under section 249 of the Criminal Code for operating a motor vehicle, vessel, aircraft, or railway equipment in a manner dangerous to the public; or

  • (c) of an offence under section 253 of the Criminal Code for operating or assisting in the operation of, or for having the care or control of, a motor vehicle, vessel, aircraft or railway equipment while impaired by alcohol or a drug or having consumed alcohol in such a quantity that the concentration in the person's blood exceeds 80 mg of alcohol in 100 mL of blood.

  • SOR/92-679, s. 2.

EXAMINATIONS

  •  (1) For the purpose of determining whether an applicant for a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the applicant to a Board of Examiners for an examination.

  • (1.1) For the purpose of determining whether the holder of a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the holder to a Board of Examiners for an examination.

  • (2) Every examination shall be conducted at the time and place or places determined by the Authority and notice of the examination shall be communicated by the Authority to every applicant for a licence or pilotage certificate.

  • (3) Subject to subsections (3.1) and (3.2), a Board of Examiners shall be appointed by the Authority and shall consist of one representative of the Authority, who shall be the Chairperson of the Board, and the following additional examiners:

    • (a) for an examination respecting a compulsory pilotage area, two pilots who are both licensed for that area; and

    • (b) for an examination respecting a non-compulsory pilotage area, one pilot who is licensed for that area.

  • (3.1) An additional examiner for an examination respecting a compulsory pilotage area may be replaced as follows:

    • (a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgable about that area but is licensed for another compulsory pilotage area; and

    • (b) if a replacement examiner described in paragraph (a) is unavailable, he or she 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.

  • (3.2) The additional examiner for an examination respecting a non-compulsory pilotage area may be replaced as follows:

    • (a) if a pilot who is licensed for the non-compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgable about that area but is licensed for any other pilotage area; and

    • (b) if a replacement examiner described in paragraph (a) is unavailable, he or she may be replaced by a pilot who is knowledgeable about a pilotage area that has similar navigational characteristics to the non-compulsory pilotage area in question but is licensed for any other pilotage area.

  • (4) The 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 and to observe the conduct of any examination by the Board of Examiners and such person may, following the examination, file with the Chairperson of the Authority a written report on the conduct of the examination.

  • SOR/90-576, s. 7;
  • SOR/2006-73, ss. 11(F), 18(F);
  • SOR/2014-36, ss. 6, 12(E).

 An applicant for a licence or a pilotage certificate shall, not less than 14 days and not more than 60 days before the date of the examination, provide the Authority with

  • (a) documents establishing that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;

  • (b) a birth certificate or other official document showing the date and place of birth of the applicant;

  • (c) documents establishing the navigational qualifications of the applicant;

  • (d) documents confirming, in the case of an applicant for a pilotage certificate, that he or she meets the experience at sea qualifications prescribed by sections 14.1 and 14.2;

  • (e) a written report of the results of the medical examination referred to in section 4 of the General Pilotage Regulations; 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 more than two years, 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.

  • SOR/98-326, s. 2;
  • SOR/2006-73, ss. 12, 16, 17(F);
  • SOR/2009-78, s. 5(F);
  • SOR/2014-36, s. 7.

 The examinations conducted by the Board of Examiners may include questions relating to

  • (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, in so far 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.

  • SOR/2006-73, ss. 13(F), 18(F);
  • SOR/2014-36, s. 8.
  •  (1) The Chairperson of the Board of Examiners shall report to the Authority 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 therefor is entitled to; and

    • (c) the class of pilotage certificate that each person who passed the examination therefor will receive.

  • (2) The Authority shall, when requested by any person who fails an examination, provide that person with a report indicating the reason he failed.

  • SOR/2006-73, s. 14;
  • SOR/2014-36, s. 12(E).

FEES FOR EXAMINATIONS, LICENCES, PILOTAGE CERTIFICATES AND WAIVERS

[SOR/2000-319, s. 2]
  •  (1) The fees payable to the Authority by an applicant for a licence are

    • (a) $500 for the examination; and

    • (b) $500 for the issue of the licence.

  • (2) The fees payable to the Authority by an applicant for a pilotage certificate are

    • (a) $2,000 for the examination; and

    • (b) $500 for the issue of the pilotage certificate.

  • (3) The fee payable to the Authority by the holder of a pilotage certificate is $500 in respect of each compulsory pilotage area endorsed on the certificate for each period of two years after the year in which the certificate is issued.

  • SOR/80-342, s. 1;
  • SOR/96-402, s. 1;
  • SOR/2000-319, s. 3;
  • SOR/2006-73, s. 15;
  • SOR/2014-36, s. 9.

MINIMUM NUMBER OF LICENSED PILOTS OR HOLDERS OF PILOTAGE CERTIFICATES

 The minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time is one, except where the Authority is of opinion 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

 If a licence or a pilotage certificate is suspended by the Authority under paragraph 27(4)(b) of the Act, the holder of the licence or pilotage certificate shall, if he or she wishes to have the licence or certificate reinstated, take further training that will enable him or her to continue to meet the qualifications prescribed by paragraphs 14(1)(e) to (g) of these Regulations.

  • SOR/2014-36, s. 10.

 If the holder of a pilotage certificate for a pilotage area is unable to meet the applicable qualification prescribed by section 14.4, he or she shall take further training to ensure that his or her knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification.

  • SOR/2014-36, s. 10.

SHIPPING INCIDENT

[SOR/2014-36, s. 11]
  •  (1) Where an incident occurs whereby a ship in a compulsory pilotage area

    • (a) causes loss or damage to any other vessel or to 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,

    every holder of a licence or pilotage certificate who was performing pilotage duties on that ship shall immediately report to the Authority by the fastest means available all known details of the incident including any pollution or threat of pollution.

  • (2) Where 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 Authority.

SCHEDULE(Section 3 and subsections 4(2.1), (2.2), (2.4), (2.5) and 4.1(1))

PART ICOMPULSORY PILOTAGE AREAS OF NEW BRUNSWICK

Miramichi Compulsory Pilotage Area

  • 1. The Miramichi compulsory pilotage area consists of all the navigable waters within a line drawn from Pointe Morin to the north end of Portage Island, THENCE, on a bearing of 114° (True) to a position at Latitude 47°07′30″N., Longitude 64°47′00″W. and THENCE, on a bearing of 191° (True) to Point Escuminac Light.

Restigouche Compulsory Pilotage Area

  • 2. The Restigouche compulsory pilotage area is composed of two areas, namely:

    • (a) Restigouche compulsory pilotage area (Zone A Dalhousie) which consists of all the navigable waters within a line drawn from Little Belledune Point on a bearing of 000° (True) for a distance of 3.0 nautical miles, and a line drawn from a latter geographical point to Misquasha Point and a line drawn from Peuplier Point to Pointe à Fleurant; and

    • (b) Restigouche compulsory pilotage area (Zone B Campbellton) which consists of all the navigable waters within a line drawn from Peuplier Point to Pointe à Fleurant and a line drawn from Prait Point to Point de la Mission.

Saint John Compulsory Pilotage Area

  • 3. The Saint John compulsory pilotage area consists of all the navigable waters within a line drawn across the Saint John Harbour from a position at Latitude 45°15′48″N., Longitude 66°04′48″W., 136° (True) to a position at Latitude 45°15′42″N., Longitude 66°04′36.8″ W. and all the navigable waters within a line bearing 180° (True) from Cape Spencer for a distance of 1.6 nautical miles, thence 270° (True) for a distance of 4.16 nautical miles, thence 295° (True) for a distance of 5.3 nautical miles to shore.

PART IICOMPULSORY PILOTAGE AREAS OF NEWFOUNDLAND AND LABRADOR

Bay of Exploits Compulsory Pilotage Area

  • 1. The Bay of Exploits compulsory pilotage area consists of two areas, namely,

    • (a) Botwood Compulsory Pilotage Area, which consists of all the navigable waters inside a line drawn from Govers Point at a position of Latitude 49°19′36.5″ N., Longitude 55°13′42.2″ W., to Cabbage Harbour Head at a position of Latitude 49°19′54″ N., Longitude 55°11′42.5″ W.; and

    • (b) Lewisporte Compulsory Pilotage Area, which consists of all the navigable waters inside a line drawn from Long Point at a position of Latitude 49°21′00″ N., Longitude 54°54′18″ W., to Sivier Island, South End at a position of Latitude 49°20′30″ N., Longitude 54°58′54″ W.

Voisey’s Bay Compulsory Pilotage Area

  • 2. The Voisey’s Bay compulsory pilotage area consists of the following areas:

    • (a) Voisey’s Bay compulsory pilotage area (Zone A, Outer), which consists of all the navigable waters within a line drawn from a position at Latitude 56°20′00″ N, Longitude 60°30′00″ W, to a position at Latitude 56°26.5′00″ N, Longitude 61°10′00″ W, thence to a position at Latitude 56°22.7′00″ N, Longitude 61°10′00″ W, thence to a position at Latitude 56°17.5′00″ N, Longitude 60°30′00″ W, and thence to the point of commencement; and

    • (b) Voisey’s Bay compulsory pilotage area (Zone B, Inner), which consists of all the navigable waters adjacent to Akuliakatak Peninsula between Latitudes 56°22.7′00″ N and 56°26.5′00″ N and west of Longitude 61°10′00″ W.

  • 3. [Repealed, SOR/82-52, s. 4]

Holyrood Compulsory Pilotage Area

  • 4. The Holyrood compulsory pilotage area consists of all the navigable waters within a line drawn from Salmon Cove Point on a bearing of 090° (True) to the east shore of Conception Bay.

Humber Arm Compulsory Pilotage Area

  • 5. The Humber Arm compulsory pilotage area consists of all the navigable waters east of a line drawn from Frenchman’s Head to McIver Point.

Placentia Bay Compulsory Pilotage Area
  • [SOR/90-576, s. 8(F)]

  • 6. The Placentia Bay compulsory pilotage area consists of all the navigable waters north of a line drawn from Long Harbour Head to Fox Island, thence along a line to a position of Latitude 47°20′ N, Longitude 54°06.5′ W, thence to Ragged Point (the most southerly point of Red Island), thence to Eastern Head.

  • 7. [Repealed, SOR/82-52, s. 5]

St. John’s Compulsory Pilotage Area

  • 8. The St. John’s compulsory pilotage area consists of all the navigable waters of the Harbour of St. John’s west of a line drawn from North Head to South Head and all the navigable waters seaward of that line within a radius of two nautical miles.

Stephenville Compulsory Pilotage Area

  • 9. The Stephenville compulsory pilotage area consists of all the navigable waters in Stephenville Pond and all the navigable waters within a line drawn from Indian Head Light in a direction of 210° (True) for a distance of 600 m, thence 320° (True) for a distance of 900 m, thence 030° (True) for a distance of 820 m to shore.

PART IIICOMPULSORY PILOTAGE AREAS OF NOVA SCOTIA

Cape Breton Compulsory Pilotage Area

  • 1. The Cape Breton compulsory pilotage area is composed of four areas, namely:

    • (a) Cape Breton compulsory pilotage area (Zone A Sydney) which consists of all the navigable waters within a line drawn from Swivel Point to McGillivray Point and a line six nautical miles seaward thereof drawn parallel thereto;

    • (b) Cape Breton compulsory pilotage area (Zone B-1 and B-2 Bras D’Or Lakes) which has two subareas, namely:

      • (i) Zone B-1, which consists of all the navigable waters within a line drawn from Cape Dauphin to Point Aconi and a line drawn from Uniacke Point to Kelly Point, and

      • (ii) Zone B-2, which consists of all the navigable waters

        • (A) within a line drawn from McIvor’s Point to Cow Point and from Cow Point to the head of Whycocomagh Bay, and

        • (B) within a line drawn from Uniacke Point to Kelly Point and a line drawn from Green Island to Michaud Point;

    • (c) Cape Breton compulsory pilotage area (Zone C Strait of Canso), which consists of all the navigable waters within a line drawn from Red Head to Crichton I. Lt. and a line drawn from North Canso Light to Heffernan Point; and

    • (d) Cape Breton compulsory pilotage area (Zone D Strait of Canso), which consists of all the navigable waters within a line drawn from Fox Island to Green Island in Chedabucto Bay and a line drawn from Red Head to Crichton I. Lt.

Halifax Compulsory Pilotage Area

  • 2. The Halifax compulsory pilotage area consists of all the navigable waters within a line drawn from Chebucto Head at a position Latitude 44°30′05″ N., Longitude 63°31′12″W., to Hartlen Point at a position Latitude 44°35′20″N., Longitude 63°27′07″W.

Pugwash Compulsory Pilotage Area

  • 3. The Pugwash compulsory pilotage area consists of all the navigable waters within a line drawn from Pugwash Point to a geographic point situated at a distance of 2.1 nautical miles on a bearing of 025° (True), THENCE, for a distance of 2.2 nautical miles on a bearing of 270° (True), and THENCE, on a bearing of 205° (True) to Lewis Head.

PART IVCOMPULSORY PILOTAGE AREA OF PRINCE EDWARD ISLAND

Charlottetown Compulsory Pilotage Area

  • 1. The Charlottetown compulsory pilotage area consists of all the navigable waters within a line drawn from Rice Point to a geographic point situated at a distance of 7.9 nautical miles on a bearing of 180° (True), THENCE, for a distance of 7.7 nautical miles on a bearing of 090° (True), and THENCE, on a bearing of 000° (True) to Prim Point.

Confederation Bridge Compulsory Pilotage Area

  • 2. The Confederation Bridge compulsory pilotage area consists of all the navigable waters within a quadrilateral commencing at a point at Latitude 46°11′00″ N, Longitude 63°47′00″ W, thence on a bearing of 340° (True) for a distance of 4.4 nautical miles to a position at Latitude 46°15′12″ N, Longitude 63°49′12″ W, thence on a bearing of 107° (True) for a distance of 4.1 nautical miles to a position at Latitude 46°14′00″ N, Longitude 63°43′30″ W, thence on a bearing of 157° (True) for a distance of 3.75 nautical miles to a position at Latitude 46°10′30″ N, Longitude 63°41′30″ W, thence on a bearing of 277° (True) for a distance of 3.9 nautical miles to the point of commencement.

  •  SOR/82-52, ss. 3 to 7;
  • SOR/82-953, s. 1;
  • SOR/90-576, ss. 8(F), 9, 10(F);
  • SOR/97-355, s. 1;
  • SOR/97-452, s. 1;
  • SOR/98-113, s. 1;
  • SOR/2000-338, s. 2;
  • SOR/2006-73, ss. 16, 17(F);
  • SOR/2008-29, ss. 2, 3;
  • SOR/2009-78, ss. 3, 4, 5(F).