4. (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, if more than one unit is being towed, without regard to 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 operating on a regular schedule between two terminals that are crewed by masters and officers in charge of the deck watch who

  • (i) are regular members of their ferry’s complement, and

  • (ii) hold certificates of competency under the Marine Certification Regulations;

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

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

  • (i) are regular members of their tug’s complement, and

  • (ii) hold certificates of competency under the Marine Certification Regulations.

(2.1) Despite subsection (1), a ship that is 223 m (731.62 feet) 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).

(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 if there is a risk to navigational safety because of

• (a) the seaworthiness of the ship;

• (b) unusual conditions on board the ship; or

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