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Laurentian Pilotage Authority Regulations (C.R.C., c. 1268)

Regulations are current to 2024-03-06 and last amended on 2018-04-23. Previous Versions

Board of Examiners

  •  (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Authority and shall consist of the following persons:

    • (a) two holders of a certificate of competency for Master Mariner or Master, Near Coastal, one of whom is an officer of the Authority and one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations; and

    • (b) three licensed pilots, each of whom is

      • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, except in the case of the written tests set out in paragraphs 26.1(f) and 26.2(e), and

      • (ii) nominated by the corporation of pilots of which they are a member.

  • (2) The Board of Examiners that conducts the examinations for pilotage certificates shall be appointed by the Authority and shall consist of the following persons:

    • (a) three holders of a certificate of competency for Master Mariner or Master, Near Coastal,

      • (i) one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations,

      • (ii) one of whom is an officer of the Authority, and

      • (iii) one of whom is the holder of a pilotage certificate for the district or part of the district where the applicant or holder is to pilot or, if no holder of a pilotage certificate is available, a person who has the skills, knowledge and experience to navigate ships in the district effectively and safely; and

    • (b) two licensed pilots, each of whom is

      • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, and

      • (ii) nominated by the corporation of pilots of which they are a member.

  • (3) The officer of the Authority appointed in accordance with paragraph (1)(a) or (2)(a), as the case may be, shall act as chairperson of the Board of Examiners.

  • (4) The Authority shall appoint a person who is knowledgeable about each pilotage district where the applicant or holder is to pilot to observe the conduct of any examination by the Board of Examiners and the person shall, following the examination, file with the Chairman of the Authority a written report on the conduct of the examination.

  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 13
  • SOR/2018-78, s. 8
  •  (1) The Chairman of the Board of Examiners shall report to the Authority the results of all examinations, including

    • (a) the name of each person who passed the examination; and

    • (b) the class of licence or pilotage certificate to which each person who passed the examination is entitled.

  • (2) [Repealed, SOR/2002-346, s. 13]

  • SOR/2002-346, s. 13

 The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Authority considers it appropriate to meet their needs.

  • SOR/92-680, s. 6
  • SOR/2002-346, s. 14
  • SOR/2008-80, s. 14

 [Repealed, SOR/2002-346, s. 14]

Number of Licences

  •  (1) The number of licences that may be issued for District No. 1 is limited to 125.

  • (2) The number of licences that may be issued for District No. 1-1 is limited to 12.

  • (3) The number of licences that may be issued for District No. 2 is limited to 85.

  • SOR/78-880, s. 1
  • SOR/80-194, s. 1
  • SOR/81-404, s. 1
  • SOR/82-920, s. 1
  • SOR/90-248, s. 1

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

  •  (1) The minimum number of licensed pilots or holders of pilotage certificates that shall be on board a ship at any time is one, except that a minimum of two licensed pilots or holders of pilotage certificates shall be on board

    • (a) where the ship is to be piloted in that part of District No. 1 between Montreal and Trois-Rivières or between Trois-Rivières and Quebec and is likely to be under way for more than 11 consecutive hours in that part of that district;

    • (b) where the ship is to be piloted in District No. 2 and is likely to be under way for more than 11 consecutive hours in that district;

    • (c) where a ship in excess of 63,999 tons deadweight is to be piloted in District No. 1;

    • (d) where a ship in excess of 74,999 tons deadweight is to be piloted in District No. 2; or

    • (e) where the ship is to be piloted in District No. 1 or District No. 2 and is

      • (i) a tanker of 40,000 tonnes deadweight or more, or

      • (ii) a passenger ship of more than 100 m in length;

    • (f) in District No. 1 and in District No. 2 during the winter navigation period;

    • (g) where, owing to the conditions or nature of the voyage, more than one person is required to perform pilotage duties on the ship; or

    • (h) where the ship is a tug used in towing or pushing one or more barges or scows if any of the barges or scows or the tug is subject to compulsory pilotage.

  • (1.1) Despite paragraph (1)(h), one licensed pilot or holder of a pilotage certificate may be assigned to a tug if

    • (a) the tug is permanently coupled for the duration of the trip at the stern of the barge or scow being pushed in tandem or as a composite unit or with other barges or scows; and

    • (b) the barge or scow does not carry dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 and meets the requirements of Part I of the Oil Pollution Prevention Regulations that relate to construction.

  • (2) For the purposes of paragraph (1)(f), the Authority shall determine the winter navigation period in each pilotage district, in the interests of the safety of navigation, in consultation with the Canadian Coast Guard, pilots who are members of a body corporate as described in subsection 15(2) of the Act, and interested groups of shipowners, on the basis of

    • (a) the status of navigational aids;

    • (b) weather;

    • (c) ice formation and ice conditions; and

    • (d) any other pertinent factors.

  • (3) The Authority shall, as soon as practicable after determining the winter navigation period in accordance with subsection (2), inform all affected parties of the determination.

  • SOR/78-880, s. 2
  • SOR/80-73, s. 1
  • SOR/89-224, s. 1
  • SOR/90-81, s. 1
  • SOR/93-447, s. 1
  • SOR/2002-346, s. 15

Further Training

  •  (1) [Repealed, SOR/2002-346, s. 16]

  • (2) Where a licence or pilotage certificate is suspended by the Authority pursuant to paragraph 27(4)(b) of the Act, the holder of the licence or certificate shall take such further training as will enable the holder to meet the qualifications prescribed in paragraphs 25(1)(c) to (f) of these Regulations.

  • SOR/92-680, s. 7
  • SOR/2002-346, s. 16

 Where a person who holds a licence or pilotage certificate is unable to meet the qualifications prescribed by subsection 25(2), he shall be required to take further training to ensure that his knowledge of the district or part thereof in respect of which his licence or pilotage certificate is in force, is adequate.

Shipping Casualty

  •  (1) Every holder of a licence or pilotage certificate who is performing pilotage duties on a ship in a compulsory pilotage area at the time the ship is involved in a reportable marine incident or reportable marine accident, as defined in subsection 2(1) of the Transportation Safety Board Regulations, shall immediately, by the fastest means available, report to the Authority full details of the incident or accident, including information relating to any pollution or threat of pollution, if the ship

    • (a) causes the loss of or damage to any other vessel or to any real property located in or adjacent to the waters in the area; or

    • (b) is in any manner implicated in a reportable marine incident or reportable marine accident that may cause damage to or pollution of the surrounding environment.

  • (2) Where the report referred to in subsection (1) is not made 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 and to the Regional Director, Marine Services.

  • SOR/2002-346, s. 17

General

 A pilotage certificate issued by the Authority permits the holder thereof to perform pilotage duties only on board the ship of which he is a regular member of the complement.

 No holder of a pilotage certificate shall pilot a ship in more than one district or part of a district during a one-way trip, unless the holder has rested at least 10 hours between pilotage assignments.

  • SOR/2002-346, s. 18

Fees

 The fees for licences, pilotage certificates and apprentice pilot permits and for any examinations and tests of applicants for licences, pilotage certificates or apprentice pilot permits are set out in Schedule III.

  • SOR/2002-346, s. 18
  • SOR/2009-168, s. 1
 

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