Atlantic Pilotage Authority Non-compulsory Area Regulations (SOR/86-1004)

Regulations are current to 2012-05-14 and last amended on 2007-03-22. Previous Versions

Atlantic Pilotage Authority Non-compulsory Area Regulations

SOR/86-1004

PILOTAGE ACT

Registration 1986-09-25

Regulations Respecting the Establishment, Operation and Administration of Pilotage Services Within Certain of the Non-Compulsory Waters of the Atlantic Pilotage Authority Region

P.C. 1986-2226 1986-09-25

Whereas pursuant to subsections 14(3) and 23(1) of the Pilotage ActFootnote *, a copy of the proposed Regulations respecting the establishment, operation and administration of pilotage services within certain of the non-compulsory waters of the Atlantic Pilotage Authority Region was published by the Atlantic Pilotage Authority in the Canada Gazette Part I on April 19, 1986;

And Whereas more than thirty days have expired from the date of publication and no notices of objection to the proposed Regulations were filed with the Minister of Transport or with the Canadian Transport Commission pursuant to subsection 14(4) or 23(2) of the Pilotage ActFootnote *.

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 14 and 22 of the Pilotage ActFootnote *, is pleased hereby to approve the annexed Regulations respecting the establishment, operation and administration of pilotage services within certain of the non-compulsory waters of the Atlantic Pilotage Authority Region made by the Atlantic Pilotage Authority on March 20, 1986.

SHORT TITLE

1. These Regulations may be cited as the Atlantic Pilotage Authority Non-compulsory Area Regulations.

INTERPRETATION

2. 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 Board of Examiners referred to in section 8; (jury d’examen)

“licence”

“licence” means the licence referred to in subsection 5(1); (brevet)

“non-compulsory waters”

“non-compulsory waters” means waters in the region of the Authority that are not established as compulsory pilotage areas pursuant to the Atlantic Pilotage Authority Regulations; (eaux non obligatoires)

“pilotage area”

“pilotage area”[Repealed, SOR/2007-60, s. 1]

  • SOR/2007-60, s. 1.
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APPLICATION

  • 3. (1) Subject to subsection (2), these Regulations apply in respect of pilotage services in all non-compulsory waters.

  • (2) These Regulations do not apply to

    • (a) the non-compulsory waters in and around Newfoundland and Labrador, except for those waters adjacent to the Gulf of St. Lawrence;

    • (b) the non-compulsory waters in and around Nova Scotia southerly and south-westerly of Halifax;

    • (c) the non-compulsory waters of the Bay of Fundy and the waters contiguous to the Bay of Fundy;

    • (d) any voyage that takes place wholly in waters southerly or south-westerly of the outer approaches of Chedabucto Bay; and

    • (e) port or harbour areas.

REQUEST FOR PILOTAGE SERVICES

4. The owner, master or agent of a ship that requires the services of a pilot for pilotage in non-compulsory waters shall make a request in accordance with instructions set out in Notices to Mariners.

PRELIMINARY QUALIFICATIONS OF APPLICANTS FOR LICENCES IN NON-COMPULSORY WATERS

  • 5. (1) Subject to these Regulations, the Authority may issue a licence to a person to perform pilotage duties in non-compulsory waters.

  • (2) Subject to subsection (4), in order to qualify for the examination referred to in section 10, every applicant for a licence shall

    • (a) within 90 days prior to the date of examination, have been found medically fit to perform pilotage duties in accordance with the General Pilotage Regulations;

    • (b) be the holder of a certificate of competency at a level not lower than Master, Intermediate Voyage, unlimited as to tonnage, or an equivalent certificate as determined under the authority of the Canada Shipping Act;

    • (c) be the holder of a pilot’s licence for one or more of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority;

    • (d) be the holder of SEN I and SEN II Certificates or, within the three years prior to the day on which the licence is to be issued, have successfully completed both a SEN I course and a Radar Simulator course;

    • (e) be the holder of an ROC-MC Certificate or a GMDSS Certificate;

    • (f) have had sea service as master or deck watch officer on the bridge of a ship in non-compulsory waters, with experience navigating in ice; and

    • (g) pay the fees required by section 13.

  • (3) In order to become the holder of a licence, a person mentioned in subsection (4) need not meet the requirements set out in subsection (2).

  • (4) Every person who is the holder of a pilot’s licence for at least one of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority is qualified to be the holder of a licence if

    • (a) in accordance with the requirements of the General Pilotage Regulations, the person has been found medically fit to perform pilotage duties;

    • (b) within the last three years, the person has had sea service as a master or deck watch officer on the bridge of a ship or has performed the duties of a pilot on board a ship in non-compulsory waters;

    • (c) the person has up-to-date knowledge of the documents referred to in paragraph 6(c); and

    • (d) the person has paid the fees required by section 13.

  • SOR/2007-60, s. 2.
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