3. The compulsory pilotage area is divided into Districts No. 1, No. 1-1 and No. 2.

• 4. (1) Subject to subsection (3), the following ships are subject to compulsory pilotage:

  • (a) any ship registered in Canada that

    • (i) is operated in District No. 1 or District No. 1-1 and is over 70 m in length and over 2 400 tons gross tonnage, or

    • (ii) is operated in District No. 2 and is over 80 m in length and over 3 300 tons gross tonnage; and

  • (b) any ship that is not registered in Canada and is over 35 m in length.

• (2) Every scow and barge that is registered in Canada, manned by Canadian masters and officers and carrying as cargo a pollutant, as defined in section 727 of the Canada Shipping Act, is subject to compulsory pilotage.

• (3) The following ships or classes of ships, if registered in Canada and manned by Canadian masters and officers, are not subject to compulsory pilotage:

  • (a) any ship owned by the Government of Canada and not engaged in commercial trade;

  • (b) any ferry operating in the passenger carrying trade on a regular schedule between two or more terminals;

  • (c) any ship designed for and engaged in fishing;

  • (d) any tug, floating crane or dredge; and

  • (e) any self-propelled barge trading regularly between two or more terminals in the Province of Quebec in or east of District No. 2 other than a barge described in subsection (2).

• (4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of

  • (a) the condition of the ship;

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

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

4.1 Despite paragraph 4(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as specified in paragraph 4(1)(a) or if the length of any of the barges or scows is as specified in paragraph 4(1)(b), as the case may be.

4.2 Despite paragraph 4(1)(a), every ship registered in Canada that, before September 24, 2002, was not subject to compulsory pilotage by reason of its length or net registered tonnage is not subject to compulsory pilotage under that paragraph.

• 5. (1) The authority may waive compulsory pilotage of any ship

  • (a) that is to arrive in, depart from or make a movage within the compulsory pilotage area if her owner, master or agent has complied with section 6, 7, 8, 9 or 10, whichever is applicable, and no licensed pilot is available to perform pilotage duties at the time of her arrival, departure or movage, as the case may be, or

  • (b) in respect of which one or more licensed pilots refuse to perform pilotage duties, except where the Authority regards the ship as unsafe.

• (2) Notwithstanding subsection (1), the Authority may waive compulsory pilotage of a ship that is in distress, proceeding to a ship in distress or entering the compulsory pilotage area for refuge.