General Pilotage Regulations (SOR/2000-132)

24.17 An applicant for a pilotage certificate shall provide the Great Lakes Pilotage Authority with

• (a) proof that the applicant is a Canadian citizen or is a permanent resident as set out in subsection 38.1(3) of the Act;

• (b) proof of the applicant’s acquired experience and service in the conduct of Canadian ships, or arrangements of ships, whose total gross tonnage is 1,500 or more in and through the parts of each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

• (d) a photocopy of each training certificate required under paragraph 24.16(e);

• (e) a photocopy of each certificate of competency that the applicant holds; and

• (f) proof of the applicant’s age.

Great Lakes Marine Pilotage Certificate Training Program

24.18 For greater certainty, the Great Lakes Pilotage Authority shall ensure that successfully completing the Great Lakes Marine Pilotage Certificate Training Program is equivalent to passing an examination for a pilotage certificate.

Examinations

• 24.19 (1) An examination for a licence or pilotage certificate shall relate to the applicant’s knowledge of the following topics:

  • (a) the pilotage and navigational requirements of each area in which the applicant intends to perform pilotage duties, including knowledge of the currents, depths of water, anchorage areas, aids to navigation and, as applicable, tides;

  • (b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties;

  • (c) the relevant parts of the Act and the regulations made under it;

  • (d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics;

  • (e) the practical use of all shipboard navigational instruments;

  • (f) the duties, responsibilities and obligations of a pilot; and

  • (g) the relevant customs, port, immigration and pollution regulations.

• (2) If an applicant intends to perform pilotage duties in an area other than the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Seaway Property Regulations.

• (3) If an applicant intends to perform pilotage duties in the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Collision Regulations and any regulations respecting the Port of Churchill.

24.20 An examination for a licence or pilotage certificate shall be conducted at a place determined by the Great Lakes Pilotage Authority and notice of the examination shall be communicated by that Authority to every applicant for a licence or pilotage certificate.

Board of Examiners

• 24.21 (1) A Board of Examiners shall consist of an officer of the Great Lakes Pilotage Authority, who shall be the Chairperson of the Board, and of the Board members appointed by that Authority under subsection (2) or (3).

• (2) In the case of an applicant for a licence for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence for the area; and

  • (b) a person who does not hold a licence for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (3) In the case of an applicant for a pilotage certificate for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence or a pilotage certificate for the area; and

  • (b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (4) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, 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.

Maintaining Qualifications

• 24.22 (1) The holder of a licence must

  • (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1;

  • (b) maintain and, if possible, improve their competence with respect to pilotage duties;

  • (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the licence;

  • (d) maintains valid training certificates, if they were required for the issuance of the licence; and

  • (e) complete, every year, at least five one-way trips in each compulsory pilotage area for which the licence was issued.

• (2) Paragraph (1)(d) does not apply in respect of a licence for the Port of Churchill, Manitoba.

24.23 The holder of a pilotage certificate must

• (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1;

• (b) maintain and, if possible, improve their competence with respect to pilotage duties;

• (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the pilotage certificate;

• (d) maintain valid training certificates, if they were required for the issuance of the pilotage certificate;

• (e) complete, in the three-year period after the date of issuance of the certificate, in the capacity of master or deck watch officer, at least 10 one-way trips in the compulsory pilotage area for which the pilotage certificate was issued; and

• (f) provide, at the request of the Minister, satisfactory evidence that the holder has complied with the requirements of paragraph (e).

Further Training

24.24 A holder of a licence or pilotage certificate shall, at the direction of the Minister, undergo further training

• (a) to enable the holder to meet any new qualifications required under this Division; or

• (b) to improve the holder’s competence with respect to pilotage duties, if the Great Lakes Pilotage Authority or the Minister has reason to believe that the holder may have become a safety risk by virtue of loss of competence in the performance of any pilotage duty.

Shipping Incident

• 24.25 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was on board the ship and any other person who had the conduct of the ship at the time the incident occurred shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship

  • (a) causes the loss of or damage to any other ship or property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship; or

  • (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment.

• (2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution.

• (3) Where a report referred to in subsection (1) cannot be made directly to the Minister, it shall be made to the nearest maritime traffic control centre.

• (4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Great Lakes Pilotage Authority and make a written report of the incident on a form provided by the Minister.

• (5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Minister to any person without the prior consent of the person who made the report.

DIVISION 4Pacific Pilotage Authority Region

Interpretation

25 This Division sets out the provisions applicable to the Pacific Pilotage Authority’s region that are in addition to the ones set out in Part 1.

25.1 The following definitions apply in this Division.

Area 1

Area 1 means the compulsory pilotage area described in paragraph 1(a) of Schedule 5. (zone 1)

Area 2

Area 2 means the compulsory pilotage area described in paragraph 1(b) of Schedule 5. (zone 2)

Area 3

Area 3 means the compulsory pilotage area described in paragraph 1(c) of Schedule 5. (zone 3)

Area 4

Area 4 means the compulsory pilotage area described in paragraph 1(d) of Schedule 5. (zone 4)

Area 5

Area 5 means the compulsory pilotage area described in paragraph 1(e) of Schedule 5. (zone 5)

coastal trade

coastal trade means the regular employment and operation of ships in the waters of the Pacific Pilotage Authority’s region, the waters of Puget Sound, the Strait of Juan de Fuca and the coastal waters of the State of Alaska not west of Cook Inlet. (cabotage)

committee of examiners

committee of examiners means a committee of examiners appointed under section 25.20 to conduct examinations for any class of licence or pilotage certificate or for the apprenticeship system. (commission d’examen)

dangerous goods

dangerous goods has the same meaning as in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

day of service

day of service means a period of watchkeeping duty performed over a period of 12 hours that are not necessarily consecutive. (jour de service)

familiarization trip

familiarization trip means a voyage in a compulsory pilotage area on board a ship during which an applicant for a licence or pilotage certificate observes the licensed pilot assigned to the ship. (voyage d’entraînement)

ferry

ferry means a ship or an arrangement of ships that carries passengers or goods according to a fixed schedule between terminals. (traversier)

marine occurrence

marine occurrence has the same meaning as in section 2 of the Canadian Transportation Accident Investigation and Safety Board Act. (accident maritime)

movage

movage means the moving of a ship wholly within a harbour or port from one anchored or moored position to another or back to the same position, but does not include the warping of a ship from one berth to another solely by means of mooring lines unless a pilot is employed, and includes anchoring of a ship while en route between one harbour, port or pilot boarding station and another due to stress of weather, tidal conditions, safety of the ship or crew, waiting berth availability or waiting due to minor engine or equipment repairs performed by ship’s personnel that are considered reasonable engine or equipment maintenance. (déplacement)

person in charge of the deck watch

person in charge of the deck watch means a person who has the immediate charge of the navigation, manoeuvring, operation or safety of a ship, but does not include a pilot. (personne responsable du quart à la passerelle)

pilot boarding station

pilot boarding station means a place used for the purpose of embarking or disembarking pilots. (station d’embarquement de pilotes)

Second Narrows Traffic Control Zone

Second Narrows Traffic Control Zone means the part of Area 2 that is enclosed within a line drawn 000° from the fixed light on the northeastern end of Terminal Dock to the North Vancouver shoreline at Neptune Terminals and a line drawn 000° from Berry Point Light (approximately 2.4 km east of the CN bridge on the South Shore of the Port of Vancouver) to the North Shore on the opposite side of the channel. (zone de contrôle de la circulation de Second Narrows)

tug

tug means a ship used for towing or pushing purposes. (remorqueur)

voyage

voyage includes a passage or trip of a ship and any movement of a ship from one place to another but does not include a movage. (voyage)

warping

warping means the moving of a ship from one berth to another solely by means of mooring lines. (halage)

Compulsory Pilotage Areas

25.2 The areas described in Schedule 5 are established as compulsory pilotage areas within the Pacific Pilotage Authority’s region.