• 4.1 (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.

4.2 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.

• 4.3 (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.

• 5. (1) The Authority may waive compulsory pilotage in respect of a ship

  • (a) where the ship enters a compulsory pilotage area to embark a licensed pilot, until the ship reaches the place arranged for embarkation and the licensed pilot is embarked;

  • (b) where the ship departs from a compulsory pilotage area after it has disembarked a licensed pilot, during the course of its departure;

  • (c) where the ship is engaged in rescue operations;

  • (d) where the ship enters a compulsory pilotage area for refuge;

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

  • (f) where the ship is in distress.

• (2) Subject to subsection (3), where the owner, master or agent of a ship has complied with sections 6, 7 and 8, the Authority may waive compulsory pilotage if

  • (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.

• (3) The Authority shall not waive compulsory pilotage in circumstances referred to in subsection (2) unless an application for waiver is submitted to the Authority that contains the following information:

  • (a) the name, nationality, call sign, draught and gross registered 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.

• (4) Notwithstanding subsection (2), the Authority may issue a written waiver of compulsory pilotage in respect of a ship if the Authority determines that the waiver will not impede safe navigation and if the ship is

  • (a) specified in the waiver as being necessary for carrying out the following work or operations:

    • (i) dredging work,

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

    • (iii) other underwater engineering work, or

    • (iv) work related to the work described in subparagraphs (i) to (iii);

  • (b) engaged in salvage operations; or

  • (c) [Repealed, SOR/2006-73, s. 3]

• (5) A waiver issued under paragraph (4)(a) is only valid for the site specified in the waiver and for proceeding to and from the harbour and, in the case of dredging work, for proceeding to or from spoil grounds within the distance specified in the waiver.

• (6) The Authority may issue a waiver under subsection (4) for a period of one year and may, if the Authority determines that the waiver will not impede safe navigation, on application, renew the waiver annually.