General Pilotage Regulations (SOR/2000-132)

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.

Experience at Sea Qualifications

• 25.3 (1) An applicant for a licence or pilotage certificate for Area 1 must

  • (a) hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) have completed 10 familiarization trips before the day on which the application is made; and

  • (c) before the day on which the applicant requests an examination referred to in section 25.22, have completed in the Pacific Pilotage Authority region, on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, at least

    • (i) 700 days of service, including at least 250 days in Area 1, as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations, or

    • (ii) 365 days of service, including at least 250 days in Area 1, as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations and at least an additional 547 days as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (g) and (i) to (n) of those Regulations.

• (2) An applicant for a licence or pilotage certificate for Area 2, 3, 4 or 5 must hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations and have completed, before the day on which the application is made,

  • (a) 10 familiarization trips and a total of least 700 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) 15 familiarization trips and, in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, a total of

    • (i) at least 365 days of service as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations, and

    • (ii) at least an additional 547 days of service as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations;

  • (c) 20 familiarization trips and a total of at least 1,000 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations; or

  • (d) 30 familiarization trips and a total of at least 1,000 days of service,

    • (i) at least 635 of which were in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, and

    • (ii) the remainder of which were

      • (A) outside Areas 2, 3, 4 and 5 on board a ship of at least 100 gross tonnage as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, or

      • (B) in at least two of Areas 2, 3, 4, and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(g) and (p) to (r) of the Marine Personnel Regulations.

• (3) At least 100 of the total days of service required by subsections (1) and (2) shall be completed within the 24 months before the day on which the application is made.

• (4) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 shall have completed at least 250 of the total days of service required by subsection (2) in the Area for which the certificate is sought.

Familiarization Program

• 25.4 (1) A person may apply to the Pacific Pilotage Authority for entry into the Familiarization Program.

• (2) The Pacific Pilotage Authority shall approve familiarization trips if

  • (a) in the case of 10 familiarization trips or fewer, the applicant has served at least 50% of the days of service required by paragraph 25.3(1)(c) or 25.3(2)(a); and

  • (b) in the case of more than 10 familiarization trips, the applicant has served at least 75% of the days of service required by any of paragraphs 25.3(2)(b) to (d).

Certificates

25.5 In addition to the certificates required by subsection 10(1), an applicant for or a holder of a licence or pilotage certificate shall hold a training certificate indicating that they have successfully completed a course approved in accordance with section 114 of the Marine Personnel Regulations

• (a) in simulated electronic navigation, level 2; and

• (b) in automatic radar plotting aids.

Apprenticeship

25.6 The holder of a licence shall have successfully completed the apprenticeship system approved by the Minister.

Requirements

25.7 An applicant for a licence or pilotage certificate shall provide the Minister with evidence that the applicant maintained a record of safe ship handling and navigation before applying for their licence or pilotage certificate.

25.8 The holder of a licence or pilotage certificate shall

• (a) have passed the required examinations of their qualifications conducted by the committee of examiners;

• (b) have a degree of proficiency in the English language sufficient to carry out their pilotage duties; and

• (c) have passed a medical examination that tests the holder’s physical and mental fitness for pilotage duties.

Ships Subject to Compulsory Pilotage

• 25.9 (1) Every ship of more than 350 gross tonnage that is not a pleasure craft and every pleasure craft of more than 500 gross tonnage is subject to compulsory pilotage.

• (2) For the purposes of subsection (1), if a ship is part of an arrangement of ships, then the combined tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship is subject to compulsory pilotage.

• (3) Subsection (1) does not apply in respect of

  • (a) a government vessel as defined in section 2 of the Canada Shipping Act, 2001;

  • (b) a ferry; or

  • (c) a United States government ship of less than 10,000 gross tonnage.

Waiver of Compulsory Pilotage

• 25.10 (1) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in any of the following circumstances:

  • (a) the ship is in distress;

  • (b) a person on board the ship requires medical evacuation;

  • (c) the ship is engaged in rescue or salvage operations;

  • (d) the ship is seeking refuge; or

  • (e) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been met:

    • (i) the owner, master or agent of the ship has complied with sections 25.12 and 25.13, and

    • (ii) all persons in charge of the deck watch are familiar with the route and the marine traffic control system in the compulsory pilotage area that the ship is entering.

• (2) The Pacific Pilotage Authority may waive compulsory pilotage in respect of a ship that

  • (a) is warping and is not using its engines or a tug except as a line boat for the handling of the ship’s lines;

  • (b) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — to a pilot boarding station located within a compulsory pilotage area for the purpose of embarking a licensed pilot; or

  • (c) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — out of a compulsory pilotage area after disembarking a licensed pilot at a pilot boarding station located within that area.

• (3) The Pacific Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship of less than 10,000 gross tonnage if, as of the day on which the application is made, every person in charge of the deck watch

  • (a) holds the certificates that are required by Part 2 of the Marine Personnel Regulations or, if the ship is not Canadian, equivalent certificates;

  • (b) has completed, as a person in charge of the deck watch on voyages in that Authority’s region or engaged in the coastal trade, at least

    • (i) 150 days of service in the preceding 18 months, or

    • (ii) 365 days of service in the preceding 60 months, including at least 60 days in the preceding 24 months; and

  • (c) has served as a person in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on at least one occasion within the preceding 24 months.

• (4) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 west of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed five return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed five return voyages, of which that Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (5) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 east of the New Westminster railway bridge if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed 10 return voyages, of which the Pacific Pilotage Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed 10 return voyages, of which that Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (6) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is carrying dangerous goods and travelling in the Second Narrows Traffic Control Zone if every person in charge of the deck watch has, as of the day on which the application is made, completed six return voyages, at least one of which was completed within the preceding 24 months, of which the Pacific Pilotage Authority was given prior notice, through that Zone

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed six return voyages, of which that Authority was given prior notice, through that Zone with a licensed pilot.

• (7) If a ship is part of an arrangement of ships then the combined gross tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage under subsection (3).

• (8) For greater certainty, the Pacific Pilotage Authority may not waive compulsory pilotage in respect of any period before the embarkation or after the disembarkation of the persons who meet the conditions set out in subsections (3) to (6), as the case may be.

• (9) Despite subsections (3) to (6), a ship is subject to compulsory pilotage if there is a risk to navigational safety because of

  • (a) ship safety orders resulting from an environmental risk;

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

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

• (10) An application for a waiver of compulsory pilotage other than an application made under a circumstance described in subsection (1) or (2) shall be made in writing.

• (11) At the request of the Pacific Pilotage Authority, the persons in charge of the deck watch referred to in subsections (1) to (6) shall produce evidence that the conditions set out in this section continue to be met.