Laurentian Pilotage Authority District No. 3 Regulations (SOR/87-58)

Regulations are current to 2012-05-14

Laurentian Pilotage Authority District No. 3 Regulations

SOR/87-58

PILOTAGE ACT

Registration 1987-01-22

Regulations Respecting the Establishment, Operation and Administration of Pilotage Services within the Non-Compulsory Waters of the Laurentian Pilotage Authority Region

P.C. 1987-71 1987-01-22

Whereas, pursuant to subsections 14(3) and 23(1) of the Pilotage ActFootnote *, a copy of proposed Regulations respecting the establishment, operation and administration of pilotage services within the non-compulsory waters of the Laurentian Pilotage Authority Region, was published by the Laurentian 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 paragraph 14(1)(f) and section 22 of the Pilotage ActFootnote *, is pleased hereby to approve the annexed Regulations respecting the establishment, operation and administration of pilotage services within the non-compulsory waters of the Laurentian Pilotage Authority Region made by the Laurentian Pilotage Authority on September 3, 1986.

SHORT TITLE

1. These Regulations may be cited as the Laurentian Pilotage Authority District No. 3 Regulations.

INTERPRETATION

2. In these Regulations,

“Act”

“Act” means the Pilotage Act; (Loi)

“Authority”

“Authority” means the Laurentian Pilotage Authority; (Administration)

“Board of Examiners”

“Board of Examiners” means the Board of Examiners referred to in section 8; (jury d’examen)

“District No. 3”

“District No. 3” means all waters of the region of the Authority north and east of a line drawn across the St. Lawrence River bearing 121° (true) at latitude 48°21′48″N. and longitude 69°23′24″W.; ((circonscription no 3))

“licence”

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

“pilotage area”

“pilotage area” means the waters of District No. 3 and the non-compulsory waters as defined in section 2 of the Atlantic Pilotage Authority Non-compulsory Area Regulations. (zone de pilotage)

NON-COMPULSORY PILOTAGE AREA

  • 3. (1) Subject to subsection (2), these Regulations apply in respect of District No. 3.

  • (2) These Regulations do not apply in a port or harbour where any pilotage services exist.

REQUEST FOR PILOTAGE SERVICES

4. The owner, master or agent of a ship that requires the services of a pilot for pilotage in District No. 3 shall make a request in accordance with instructions set out in Notices to Mariners.

PRELIMINARY QUALIFICATIONS OF APPLICANTS FOR LICENCES IN DISTRICT NO. 3

  • 5. (1) Subject to these Regulations, the Authority may issue a licence to a person to perform pilotage duties in District No. 3.

  • (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 the examination, have been found medically fit in accordance with section 6 and Schedule I to the General Pilotage Regulations;

    • (b) be the holder of

      • (i) a certificate of competency at a level not lower than Master Home Trade, unlimited as to tonnage, or equivalent certificate as determined under the authority of the Canada Shipping Act, or

      • (ii) a pilot’s licence (other than a licence issued under these Regulations) issued by the Authority or the Atlantic Pilotage Authority;

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

    • (d) be the holder of a Restricted Radiotelephone Operators Certificate;

    • (e) in the pilotage area, have had sea service as master or deck watch officer on the bridge of a ship, with experience navigating in ice; and

    • (f) 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, prior to the coming into force of these Regulations, was satisfactorily performing pilotage duties in the pilotage area is qualified to be the holder of a licence if the Board of Examiners is satisfied that

    • (a) in accordance with the requirements of Schedule I to the General Pilotage Regulations, the person is medically fit to perform pilotage duties;

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

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

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