Short Title

Marginal note:Short title

1 This Act may be cited as the Pilotage Act.

Interpretation

Marginal note:Definitions

1.1 The definitions in this section apply in this Act.

apprentice pilot

 apprentice pilot means a person who is training to become a licensed pilot. (apprenti-pilote)

licence

licence means a licence issued by an Authority under section 22. (brevet)

licensed pilot

 licensed pilot means a person who holds a valid licence. (pilote breveté)

pilot

 pilot means any person who does not belong to a ship and who has the conduct of it. (pilote)

ship

ship includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion. (navire)

PART 1Pilotage

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Part.

Authority

 Authority means a Pilotage Authority established by section 3. (Administration)

Canadian waters

 Canadian waters means the territorial sea of Canada and all internal waters of Canada. (eaux canadiennes)

compulsory pilotage

 compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or the holder of a pilotage certificate. (pilotage obligatoire)

compulsory pilotage area

 compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. (zone de pilotage obligatoire)

Minister

 Minister means the Minister of Transport. (ministre)

pilotage certificate

 pilotage certificate means a certificate issued by an Authority under section 22. (certificat de pilotage)

Pilotage Authorities

Establishment

Marginal note:Pilotage Authorities established

• 3 (1) Each Pilotage Authority named in the schedule is hereby established as a body corporate consisting of a Chairperson and not more than six other members.

• Marginal note:Appointment of Chairperson of Authority

  (2) On the recommendation of the Minister and after consultation with members of the Authority and with the users of its services, the Governor in Council may appoint the Chairperson of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate.

• Marginal note:Other members

  (3) Each of the other members of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

• Marginal note:Full- or part-time

  (3.1) The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time.

• Marginal note:Head office

  (4) An Authority shall have its head office at the place named in respect of that Authority in the schedule.

Marginal note:Alteration

4 The Governor in Council may, by proclamation,

• (a) extend the boundaries of any region set out in the schedule to include any Canadian waters not included in the schedule;

• (b) change the name of an Authority;

• (c) change the place of the head office of an Authority; and

• (d) establish new Authorities and, in respect of any new Authority, prescribe the boundaries of its region and name the place at which the head office shall be situated and any new Authority shall be deemed to be an Authority established under subsection 3(1) and any such region shall be deemed to be a region set out in the schedule.

Marginal note:Great Lakes Pilotage Authority, Ltd.

5 The name “Great Lakes Pilotage Authority, Ltd.” is changed to “Great Lakes Pilotage Authority” and the Authority is deemed to have been established under subsection 3(1).

6 to 8 [Repealed, 1998, c. 10, s. 146]

Marginal note:Not agent of Her Majesty

9 An Authority is not an agent of Her Majesty.

Organization

Marginal note:Vice-Chair­person

10 The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson.

Marginal note:Reappointment

11 On the expiration of the term of office of a member of an Authority, the member is eligible for reappointment in the same or another capacity.

Marginal note:Temporary substitute member

12 If a member of any Authority is unable at any time to perform the duties of office of the member by reason of absence or incapacity, the Governor in Council may, on such terms and conditions as the Governor in Council may prescribe, appoint a temporary substitute member.

Marginal note:Chairperson

• 13 (1) Where the Chairperson of an Authority serves full-time, the Chairperson has the direction and control of the business of the Authority and may exercise such powers as may be conferred on the Chairperson by by-law of the Authority.

• Marginal note:Part-time

  (1.1) Where the Chairperson of an Authority serves part-time, the board appoints a chief executive officer who has the direction and control of the business of the Authority and who may exercise such powers as may be conferred on the chief executive officer by by-law of the Authority.

• Marginal note:When Vice-Chair­person to act

  (2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson.

Marginal note:Remuneration

• 14 (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.

• Marginal note:Members’ allowances

  (2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority.

• Marginal note:Expenses

  (3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from his ordinary place of residence in the course of his duties under this Part.

Marginal note:Employment of staff

• 15 (1) Subject to subsection (2), an Authority may employ such officers and employees, including licensed pilots and apprentice pilots, as are necessary for the proper conduct of the work of the Authority.

• Marginal note:Contract with body corporate for services

  (2) Where a majority of licensed pilots within the region, or any part thereof, set out in respect of an Authority in the schedule who form or are members or shareholders of a body corporate elect not to become employees of the Authority, the Authority may contract with that body corporate for the services of licensed pilots and the training of apprentice pilots in the region or part thereof where the contract is to be effective, and the Authority shall not employ pilots or apprentice pilots in the region or that part thereof where such a contract is in effect.

• Marginal note:Pilots may join body corporate

  (3) Any body corporate that contracts, pursuant to subsection (2), with an Authority shall permit a licensed pilot or apprentice pilot in the region or part thereof to which the contract relates who is not a member or shareholder of that body corporate to become a member or shareholder on the same terms and conditions as the licensed pilots and apprentice pilots who formed or are members or shareholders of that body corporate.

Marginal note:Renewal of contract

• 15.1 (1) Where a contract for services referred to in subsection 15(2) does not provide a mechanism for the resolution of disputes in the contract renewal process, fifty days before the contract expires, the parties to the contract shall jointly choose a mediator and an arbitrator and shall refer to the mediator all issues related to the renewal of the contract that remain unresolved.

• Marginal note:No agreement

  (2) The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable.

• Marginal note:Mediation

  (3) The mediator has thirty days in which to bring the parties to agreement on the outstanding issues, at the end of which time the parties to the contract shall refer all of the remaining outstanding issues to the arbitrator.

Marginal note:Final offers

• 15.2 (1) The parties to the contract shall each submit a final offer in respect of the outstanding issues to each other and to the arbitrator within five days after the date on which those issues are referred to the arbitrator.

• Marginal note:Decision of arbitrator

  (2) Within fifteen days, the arbitrator shall choose one or other of the final offers in its entirety.

• Marginal note:Effect of decision

  (3) The final offer chosen by the arbitrator is final and binding and becomes part of the new contract for services that is effective on the day after the former contract expires.

• Marginal note:Sharing of costs

  (4) The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator.

Marginal note:Continuation of services

15.3 A body corporate with which an Authority has contracted for services under subsection 15(2) and the members and shareholders of the body corporate are prohibited from refusing to provide pilotage services while a contract for services is in effect or being negotiated.

Marginal note:Authority a Public Service corporation

• 16 (1) An Authority shall be deemed to be a Public Service corporation for the purposes of section 37 of the Public Service Superannuation Act.

• Marginal note:Government Employees Compensation Act and Aeronautics Act

  (2) Officers and employees of an Authority shall be deemed to be persons employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.

Marginal note:By-laws

• 17 (1) An Authority may make by-laws respecting the management of its internal affairs, including by-laws

  • (a) respecting the duties of its members, officers and employees;

  • (b) delegating to any person, either generally or with reference to any particular matter, all or any of

    • (i) the powers of the Chairperson of the Authority, and

    • (ii) the powers of the Authority, except the power to make a by-law or a regulation; and

  • (c) respecting the management and control of its property.

• Marginal note:Copies made available

  (2) An Authority shall supply a copy of any by-law of the Authority to any interested person who requests a copy.

Objects and Powers

Marginal note:Objects

18 The objects of an Authority are to establish, operate, maintain and administer in the interests of safety an efficient pilotage service within the region set out in respect of the Authority in the schedule.

Marginal note:Powers

• 19 (1) An Authority may, for its use, purchase, lease or otherwise acquire

  • (a) land, buildings, wharves or other structures;

  • (b) pilot boats;

  • (c) radio and other communication equipment; and

  • (d) such other equipment, supplies and services as may be necessary for the operation of an efficient and economical pilotage service.

• Marginal note:Idem

  (2) An Authority may sell or lease any land, buildings, wharves, structures, pilot boats or equipment and supplies acquired pursuant to subsection (1).

Marginal note:Regulations

• 20 (1) An Authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objects, including, without restricting the generality of the foregoing, regulations

  • (a) establishing compulsory pilotage areas;

  • (b) prescribing the ships or classes of ships that are subject to compulsory pilotage;

  • (c) prescribing the circumstances under which compulsory pilotage may be waived;

  • (d) prescribing the notice, if any, to be given by a ship, of its estimated time of arrival in a compulsory pilotage area or its estimated time of departure from a place in a compulsory pilotage area and the manner of giving the notice;

  • (e) prescribing classes of licences and classes of pilotage certificates that may be issued;

  • (f) prescribing the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet, including the degree of local knowledge, skill, experience and proficiency in one or both of the official languages of Canada required, in addition to the minimum qualifications prescribed by the Governor in Council under section 52;

  • (g) prescribing the manner for determining whether a person who applies for a licence or pilotage certificate, or a licensed pilot or holder of a pilotage certificate, meets the qualifications prescribed under paragraph (f) for the class of licence or pilotage certificate applied for or held, as the case may be;

  • (h) prescribing the manner of issuing licences and pilotage certificates;

  • (i) setting the time and fixing the fee for any examination relating to the issue of a licence or pilotage certificate and the fee for issuing a licence or pilotage certificate;

  • (j) limiting the number of licences that may be issued for any compulsory pilotage area;

  • (k) prescribing the conditions, in addition to anything provided by subsection 25(1), under which a ship shall have a licensed pilot or holder of a pilotage certificate on board;

  • (l) prescribing the minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time; and

  • (m) prescribing the circumstances under which a licensed pilot or holder of a pilotage certificate shall be required to take further training to be enabled to meet any new qualifications prescribed under paragraph (f) since the pilot’s licence or the pilotage certificate was issued.

• Marginal note:United States pilots and waters

  (2) Where Canadian waters are contiguous with waters of the United States, an Authority may, with the approval of the Governor in Council, make regulations setting out the terms and conditions under which

  • (a) a pilot, or other person, authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and

  • (b) a licensed pilot or holder of a pilotage certificate may have the conduct of a ship in waters of the United States.

• Marginal note:Proposed regulations to be published

  (3) An Authority shall publish in the Canada Gazette a copy of each regulation that it proposes to make under paragraph (1)(a) or (f), and no such regulation shall be made by the Authority

  • (a) before the expiration of thirty days after the date of publication of the proposed regulation; or

  • (b) where a notice of objection is filed pursuant to subsection 21(1), before the objection is heard and an order is made by the Minister pursuant to subsection 21(4).

Marginal note:Notice of objection to proposed regulation

• 21 (1) Any person who has reason to believe that a regulation that an Authority proposes to make under paragraph 20(1)(a) or (f) is not in the public interest may file a notice of objection setting out the grounds therefor with the Minister within thirty days following publication of the proposed regulation in the Canada Gazette under subsection 20(3).

• Marginal note:Investigation

  (2) Where a notice of objection is filed pursuant to subsection (1), the Minister shall appoint a person to make such investigation of the proposed regulation, including the holding of public hearings, as in the opinion of the Minister is necessary or desirable in the public interest.

• Marginal note:Powers of investigator

  (3) A person appointed under subsection (2) shall have all the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Report

  (4) On completion of a hearing under this section, the person holding the hearing shall send a report to the Minister, who may, by order, approve, amend or disapprove the proposed regulation, either in accordance with the report or otherwise, and the Authority shall make the regulation accordingly.

Licences and Certificates

Marginal note:Issue of licence or pilotage certificate

• 22 (1) Subject to subsection (2) and any regulations made pursuant to paragraph 20(1)(j), an Authority shall,

  • (a) on receipt of an application in writing for a licence or pilotage certificate, and

  • (b) on being satisfied that the applicant therefor is able to meet the qualifications prescribed by the Governor in Council pursuant to section 52 and by the Authority pursuant to subsection 20(1),

  issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area equivalent to that required of an applicant for a licence for that compulsory pilotage area.

• Marginal note:Citizenship of applicants

  (2) No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is

  • (a) a Canadian citizen; or

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Authority, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

• Marginal note:Term in case of issue to permanent resident

  (3) Every licence or pilotage certificate issued to a permanent resident ceases to be valid five years after the date the licence is issued unless the permanent resident becomes a Canadian citizen before that date.

• Marginal note:Term where qualifications met

  (4) A licence or pilotage certificate of any class remains in force while the licensed pilot or holder of the pilotage certificate is able to meet the qualifications prescribed by the regulations for a holder of that class of licence or pilotage certificate, including any qualifications prescribed by regulation since the licence or pilotage certificate was issued or deemed to be issued.

Marginal note:Replacement with licence or pilotage certificate of different class

23 Where a licensed pilot or holder of a pilotage certificate is unable to meet the qualifications prescribed by the regulations for the class to which the licence or pilotage certificate belongs, an Authority shall cancel the licence or pilotage certificate and, if the licensed pilot or holder of a pilotage certificate is able to meet the qualifications for a licence or pilotage certificate of a different class, the Authority shall issue a licence or pilotage certificate of that different class to the licensed pilot or holder of a pilotage certificate.

24 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 85]

Marginal note:Prohibition where pilotage compulsory

• 25 (1) Except as provided in the regulations, no person shall have the conduct of a ship within a compulsory pilotage area unless the person is a licensed pilot or a regular member of the complement of the ship who is the holder of a pilotage certificate for that area.

• Marginal note:Pilot responsible to master

  (2) A licensed pilot who has the conduct of a ship is responsible to the master for the safe navigation of the ship.

• Marginal note:When disqualified from pilotage

  (3) No licensed pilot or holder of a pilotage certificate

  • (a) who knows of any physical or mental disability that prevents that pilot or holder from meeting the qualifications required of a holder of a licence or pilotage certificate,

  • (b) whose ability is impaired by alcohol or a drug or from any other cause, or

  • (c) whose licence or pilotage certificate is suspended,

  shall have the conduct of a ship within a compulsory pilotage area or be on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board.

• Marginal note:Prohibition of alcohol or drug consumption

  (4) No licensed pilot or holder of a pilotage certificate shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship.

Marginal note:Master may relieve pilot or pilotage certificate holder

• 26 (1) Notwithstanding any provision of this Part, where the master of a ship believes on reasonable grounds that the actions of a licensed pilot or holder of a pilotage certificate on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship from the licensed pilot or holder of a pilotage certificate or relieve the licensed pilot from duty on board ship.

• Marginal note:Master to report

  (2) Where the master of a ship takes the conduct of a ship from a licensed pilot or holder of a pilotage certificate pursuant to subsection (1), the master shall file, within three days of taking the conduct of the ship, a written report setting out the master’s reasons therefor with the Authority that issued the licence or pilotage certificate.

Marginal note:Suspension of licence

• 27 (1) The Chairperson of an Authority may suspend a licence or pilotage certificate for a period not exceeding fifteen days where the Chairperson has reason to believe that the licensed pilot or the holder of the pilotage certificate

  • (a) while having the conduct of a ship or being on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board, contravened subsection 25(3) or (4);

  • (b) has reported for duty and, in the circumstances, would have been in contravention of subsection 25(3) if the licensed pilot or holder of the pilotage certificate had been on duty;

  • (c) has been negligent in the duty of the licensed pilot or holder of the pilotage certificate; or

  • (d) does not meet the qualifications required of a holder of a licence or pilotage certificate.

• Marginal note:Confirmation of oral suspension

  (2) Where the Chairperson of an Authority suspends a licence or pilotage certificate orally, the Chairperson shall, within forty-eight hours after the suspension, confirm the suspension in writing together with the reasons therefor to the licensed pilot or holder of the pilotage certificate at the address of that pilot or holder as shown on the register kept by the Authority pursuant to section 32.

• Marginal note:Report to Authority

  (3) Where the Chairperson of an Authority suspends a licence or pilotage certificate, the Chairperson shall, within forty-eight hours after the suspension, report the suspension to the Authority.

• Marginal note:Suspension or cancellation by Authority

  (4) Where the Authority receives a report pursuant to subsection (3), it may

  • (a) approve or revoke the suspension under subsection (1);

  • (b) suspend the licence or pilotage certificate

    • (i) for a further period not exceeding one year, or

    • (ii) for an indefinite period until the licensed pilot or holder of the pilotage certificate shows the ability to meet the qualifications prescribed by the regulations; or

  • (c) cancel the licence or pilotage certificate.

• Marginal note:Notice to pilot

  (5) No action shall be taken pursuant to paragraph (4)(b) or (c) unless, before the suspension by the Chairperson under subsection (1) terminates, the Authority gives written notice to the licensed pilot or holder of the pilotage certificate setting out the action the Authority proposes to take and the reasons therefor.

Marginal note:Hearings

• 28 (1) An Authority shall, before refusing to issue a licence or pilotage certificate or cancelling a licence or pilotage certificate pursuant to section 23, afford the applicant therefor or holder thereof or the representative of that applicant or holder a reasonable opportunity to be heard.

• Marginal note:Idem

  (2) Where the Authority gives written notice to a licensed pilot or the holder of a pilotage certificate that it proposes to suspend the licence or pilotage certificate for a further period or to cancel the licence or pilotage certificate pursuant to subsection 27(4), the Authority shall afford the holder of the licence or pilotage certificate or the representative of the holder a reasonable opportunity to be heard before the action is taken.

• Marginal note:Where hearings to be public

  (3) Where a hearing is to be held as provided by subsection (1) or (2) and the applicant for a licence or pilotage certificate or the holder of the licence or pilotage certificate, as the case may be, requests a public hearing or the Authority is satisfied that it would be in the public interest to hold a public hearing, the Authority shall hold a public hearing and hear all persons having an interest in the matter who wish to be heard in connection therewith.

• Marginal note:Powers respecting hearing

  (4) The Authority has, in relation to any hearing before it, all the powers of a commissioner under Part I of the Inquiries Act.

Marginal note:Review by Minister

• 29 (1) An applicant who is refused the issue of a licence or pilotage certificate or the holder of a licence or pilotage certificate that is suspended or cancelled pursuant to section 23, 27 or 30 may, after a hearing by an Authority under section 28, apply to the Minister for a review of the decision of the Authority.

• Marginal note:Powers of Minister on review

  (2) Where, after considering the application made under subsection (1) and any material submitted therewith, the Minister is of the opinion that the issue of the licence or pilotage certificate should not have been refused or the licence or pilotage certificate should not have been suspended or cancelled, the Minister may direct the Authority to

  • (a) issue the licence or pilotage certificate;

  • (b) rescind the suspension or cancellation of the licence or pilotage certificate; or

  • (c) reduce the period of the suspension, on such conditions, if any, relating to the licence or pilotage certificate as the Minister deems proper.

Marginal note:Pilot ceasing to be employed or to belong to pilots’ corporation

• 30 (1) When a licensed pilot

  • (a) who is an employee of an Authority ceases to be employed as a licensed pilot, or

  • (b) who is a member or shareholder of a body corporate referred to in subsection 15(2) ceases to be a member or shareholder of the body corporate,

  the licence ceases to be valid.

• Marginal note:Cancellation for failure to meet qualifications

  (2) An Authority shall cancel a licence or pilotage certificate when the holder of the licence or pilotage certificate does not meet the qualifications required of a holder of a licence or pilotage certificate.

Marginal note:Delivery up on cancellation

31 Where a licence or pilotage certificate is cancelled, the holder thereof shall deliver up the licence or pilotage certificate to the Authority that issued it.

Marginal note:Register

32 An Authority shall keep a register, in a manner approved by the Minister, of licensed pilots, apprentice pilots and the holders of pilotage certificates.

Tariffs

Marginal note:Regulations prescribing tariffs of pilotage charges

• 33 (1) An Authority shall, with the approval of the Governor in Council, make regulations prescribing tariffs of pilotage charges to be paid to that Authority for pilotage and, without restricting the generality of the foregoing, may fix tariffs of pilotage charges for

  • (a) the cancellation of a request for the service of a pilot;

  • (b) the carriage of a pilot on a ship beyond the area for which the service of the pilot was engaged;

  • (c) the detention of a pilot on board ship or otherwise;

  • (d) travel and other expenses incurred by a pilot that are directly associated with an assignment to pilot a ship;

  • (e) the use of a pilot boat;

  • (f) the use of telecommunication equipment; and

  • (g) the service of a licensed pilot on board ship pursuant to a regulation made under paragraph 20(1)(l) requiring a licensed pilot to be on board.

• Marginal note:Idem

  (2) An Authority shall be deemed to have fixed a pilotage charge if it prescribes a manner for determining a pilotage charge.

• Marginal note:Requirements to be met by tariffs

  (3) The tariffs of pilotage charges prescribed by an Authority under subsection (1) shall be fixed at a level that permits the Authority to operate on a self-sustaining financial basis and shall be fair and reasonable.

Marginal note:Publication

• 34 (1) An Authority shall publish in the Canada Gazette a copy of each tariff of pilotage charges that it proposes to prescribe pursuant to section 33, and no tariff shall come into force before the expiration of thirty days after that publication.

• Marginal note:Notice of objection to Canadian Transportation Agency

  (2) Any interested person who has reason to believe that any charge in a proposed tariff of pilotage charges is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act, may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within thirty days after publication of the proposed tariff in the Canada Gazette.

• Marginal note:Copies to be filed

  (3) On the filing of a notice of objection with the Canadian Transportation Agency, a copy thereof shall be filed with the Authority and the Minister forthwith.

• Marginal note:Investigation by Canadian Transportation Agency

  (4) Where a notice of objection is filed pursuant to subsection (2), the Canadian Transportation Agency shall make such investigation of the proposed charge set out in the notice of objection, including the holding of public hearings, as in its opinion is necessary or desirable in the public interest.

Marginal note:Recommendation of Agency

• 35 (1) The Canadian Transportation Agency shall, after making the investigation, including the holding of public hearings, if any, and before the expiration of the period mentioned in subsection (2) or prescribed under subsection (3), make a recommendation to the Authority and the Authority shall govern itself accordingly.

• Marginal note:Time for making decisions

  (2) The Agency shall make its recommendation in respect of a proposed charge set out in a notice of objection filed under subsection 34(2) as expeditiously as possible, but no later than one hundred and twenty days after receiving the objection, unless a regulation made under subsection (3) provides otherwise or the parties agree to an extension.

• Marginal note:Period for specified classes

  (3) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its recommendation in respect of proposed charges set out in notices of objection.

• Marginal note:Obligation to reimburse

  (4) Where the Agency recommends a charge that is lower than that prescribed by the Authority, the Authority shall reimburse to any person who has paid the prescribed charge the difference between it and the recommended charge, with interest at the rate quoted by banks to the most credit-worthy borrowers for prime business loans, as determined by the Bank of Canada for the day on which the Agency recommends the lower charge.

• Marginal note:Subsection 34(1) does not apply

  (5) The publication requirements of subsection 34(1) do not apply in respect of pilotage charges fixed pursuant to a recommendation of the Agency.

• Marginal note:Copy submitted to Minister

  (6) The Agency shall submit a copy of its recommendation to the Minister immediately after it is made.

• Marginal note:Governor in Council may vary or rescind

  (7) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, in respect of every recommendation of the Agency under subsection (1) as if the recommendation were a decision made pursuant to that Act.

Financial Provisions

Marginal note:No appropriation

36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies.

Marginal note:Borrowing

36 An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council.

Marginal note:Power to invest

37 An Authority may, with the approval of the Minister of Finance, invest in bonds or other obligations of or guaranteed by Her Majesty in right of Canada or any province, or any municipality in Canada, any moneys not immediately required for the purposes of the Authority.

Marginal note:Auditor

38 The Auditor General of Canada is the auditor of each Authority.

General

Marginal note:Her Majesty or Authority not liable

39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or the holder of a pilotage certificate.

Marginal note:Limitation of liability

• 40 (1) A licensed pilot is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by his fault, neglect or want of skill.

• Marginal note:Idem

  (2) Where a body corporate contracts with an Authority pursuant to subsection 15(2) for the services of a licensed pilot, the body corporate is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by the fault, neglect or want of skill of the pilot.

Marginal note:Employment of pilot does not exempt owner from liability

41 Nothing in this Part exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that

• (a) the ship was under the conduct of a licensed pilot; or

• (b) the damage or loss was occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot.

Marginal note:Liability for pilotage charges

42 The owner, master and agent of a ship are jointly and severally liable to pay any pilotage charges.

Marginal note:Pilotage charges payable for leading

43 Where a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or the holder of a pilotage certificate on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship.

Marginal note:Pilotage charge in case of proceeding without a pilot

44 Except where an Authority waives compulsory pilotage, a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is liable, to the Authority in respect of which the region including that area is set out in the schedule, for all pilotage charges as if the ship had been under the conduct of a licensed pilot.

Marginal note:No clearance if pilotage charges unpaid

45 No customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid.

St. Lambert Lock

Marginal note:Pilotage to and from St. Lambert Lock

• 46 (1) Notwithstanding the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority and any compulsory pilotage areas established by those Authorities,

  • (a) a pilot licensed by the Great Lakes Pilotage Authority, may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;

  • (b) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and

  • (c) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.

• Marginal note:Revenue from St. Lambert Lock

  (2) The Governor in Council may make regulations prescribing procedures to ensure the equitable distribution, between the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority, of the revenue received for pilotage through St. Lambert Lock.

Offences and Punishment

Marginal note:Proceeding without a pilot

47 Except where an Authority waives compulsory pilotage, the owner, master or person in charge of a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Marginal note:Contravention of Act or regulations

48 Every person who contravenes or fails to comply with

• (a) any provision of this Part, other than section 15.3,

• (b) any regulation made by the Governor in Council, or

• (c) any regulation of an Authority,

is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Marginal note:Contravention

48.1 A person who contravenes section 15.3 is guilty of an offence and liable to a fine of not more than $10,000 for each day on which the offence is committed or continued.

Marginal note:To whom fines paid

49 All fines collected pursuant to this Part, other than section 48.1, shall be paid to the Authority concerned.

Marginal note:Limitation period

50 Any proceedings may be instituted at any time within, but not later than,

• (a) two years, in respect of an offence under section 47, or

• (b) six months, in respect of any other offence under this Part,

after the time when the subject-matter of the proceedings arose.

Marginal note:Venue

51 Where any person is charged with an offence under this Part, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been so committed.

Regulations

Marginal note:Regulations

52 The Governor in Council may make regulations

• (a) prescribing for any region or part thereof the minimum qualifications respecting navigational certificates, experience at sea and health that an applicant for a licence or pilotage certificate shall meet before it is issued to the applicant;

• (b) respecting the medical examinations that a licensed pilot or holder of a pilotage certificate shall undergo from time to time to determine whether that pilot or holder meets the qualifications respecting health prescribed under paragraph (a);

• (c) prescribing the intervals at which the medical examinations required by paragraph (b) shall be held, which intervals shall be not less than once every three years;

• (d) prescribing the forms of licences and pilotage certificates;

• (e) prescribing rules of procedure regarding the holding of hearings by an Authority; and

• (f) establishing compulsory pilotage areas where an Authority fails to do so and the Governor in Council considers it necessary.

Report to Parliament

Marginal note:Review and report by Authorities

• 53 (1) The Minister shall, in consultation with each Authority, its users and other persons affected, at the latest one year after the coming into force of this section, review the pilot certification process for masters and officers, training and licensing requirements for pilots, compulsory pilotage area designations, dispute resolution mechanisms and the measures taken in respect of financial self-sufficiency and cost reduction, and prepare a report of the findings.

• Marginal note:Tabling of report

  (2) The Minister shall have a copy of each report laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister prepares it.

PART 2Lower St. Lawrence Pilots’ Pensions

Interpretation

Marginal note:Definitions

54 The definitions in this section apply in this Part.

Authority

 Authority means the Laurentian Pilotage Authority. (Administration)

CPBSL

 CPBSL means the Corporation of the Lower St. Lawrence Pilots established by letters patent under Part II of the Canada Corporations Act , chapter 53 of the Revised Statutes of Canada, 1952, as amended by chapter 52 of the Statutes of Canada, 1964-65, a body corporate contracting with the Authority for the services of pilots under this Act, or any successor of the Corporation that carries on similar functions. (CPBSL)

CPHQ

 CPHQ means the Corporation of Pilots for and below the Harbour of Quebec, established by chapter 123 of the Statutes of the Province of Canada, 1860 (23 Vict., c. 123). (CPHQ)

eligible pilot

 eligible pilot means a person

• (a) who became a member of the CPHQ and was licensed by the Authority as a pilot before 1994; or

• (b) who, on December 31, 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot. (pilote admissible)

fund

 fund means the fund established by chapter 12 of the Statutes of the Province of Lower Canada, 1805 (45 George III, c. 12) and continued by chapter 114 of the Statutes of the Province of Canada, 1848-49 (12 Vict., c. 114), as amended. (Fonds)

pension plan

 pension plan means the plan established by the CPHQ for the administration of the fund. (régime de pension)

Société

 Société means the general partnership composed of the members of the CPBSL and called Les Pilotes du Bas Saint-Laurent, or its successor, and includes any predecessor of the Société that carried on similar functions on behalf of those members. (Société)

Marginal note:Part 19 of the Canada Not-for-profit Corporations Act

• 55 (1) The CPHQ is deemed to be a corporation to which Part 19 of the Canada Not-for-profit Corporations Act applies.

• Marginal note:Management of fund

  (2) Notwithstanding the provisions of any Act relating to the CPHQ, the CPHQ has, and is deemed to have had at all times, the powers necessary for the administration of the pension plan on behalf of the CPBSL, including the power to

  • (a) determine and receive the amounts payable into the fund by the CPBSL for the purpose of sustaining the fund;

  • (b) manage and invest moneys paid into the fund;

  • (c) determine the persons eligible to receive benefits from the fund, the amount they are to receive as benefits, when the payments of the benefits are to commence and the frequency of the payments; and

  • (d) pay from the fund the benefits so determined and any amounts required for the management of the fund.

Pension Benefits Standards Act, 1985

Marginal note:Application of Act

56 The Pension Benefits Standards Act, 1985 applies in respect of the pension plan and, for that purpose, the CPBSL is deemed to be the employer of eligible pilots and the administrator of the plan, and eligible pilots are deemed to be employees of the CPBSL.

Income Tax Act

Marginal note:Status of CPHQ

57 For the purposes of paragraph 149(1)(o.1) of the Income Tax Act, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan within the meaning of that Act and to have operated at all times solely for that purpose.

Marginal note:Taxation of pension contributions

58 For any taxation year in respect of which the pension plan is a registered pension plan for the purposes of the Income Tax Act, sums paid into the fund by the CPBSL shall not be included in the income of an eligible pilot or in the income of the Société for the purposes of that Act.

Marginal note:Provisions re registered pension plans

• 59 (1) For the purposes of the provisions of the Income Tax Act and the Income Tax Regulations that relate to registered pension plans,

  • (a) the CPBSL is deemed to have been the employer of an eligible pilot and an eligible pilot is deemed to have been an employee of the CPBSL throughout any period, either before or after the coming into force of this Part, during which the eligible pilot was a member of the CPBSL and held a pilot’s licence from the Authority, whether suspended or not, or served as an apprentice pilot to obtain a pilot’s licence for District No. 2 designated by the Authority;

  • (b) an eligible pilot is deemed to have been employed and to have rendered services on a full-time basis throughout any year if the number of pilotage tours credited to the pilot for the year is not less than 90 % of the average number of tours for pilots in the year, determined by the Société on the basis of the total number of paid tours for pilots in the year, and is otherwise deemed to have been employed and to have been rendering services on a part-time basis throughout the year, with the proportion of full-time service being determined as the proportion of the number of tours so credited to the average number of tours for pilots;

  • (c) any period authorized by the CPBSL during which an eligible pilot was not available to perform services as a pilot, otherwise than by reason of illness or disability for more than 12 months, is deemed to be a period throughout which the pilot did not render services to the CPBSL by reason of leave of absence;

  • (d) the period of employment of an eligible pilot by the CPBSL includes any period before 1994 during which the pilot

    • (i) was enrolled at the Institut de Marine de Rimouski or any other educational institution accredited by the Authority, or

    • (ii) served as an officer of a ship,

    to the extent that the period was credited under the pension plan before 1994;

  • (e) the fees paid to an eligible pilot by the Société, either before or after the coming into force of this Part, are deemed to have been paid by the CPBSL and to be remuneration of the eligible pilot and, for the purposes of section 147.1 of the Income Tax Act, to be part of the pilot’s compensation;

  • (f) any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL and not by an eligible pilot;

  • (g) the pension plan is deemed to be a grandfathered plan;

  • (h) for the purposes of paragraph 8503(3)(e) and subsection 8509(3) of the Income Tax Regulations, all benefits provided under the pension plan in respect of periods before 1992 are deemed to be acceptable to the Minister of National Revenue to the extent that

    • (i) the periods were credited under the pension plan before 1994, and

    • (ii) the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;

  • (i) subsection 8504(6) of the Income Tax Regulations does not apply in respect of benefits credited under the pension plan before 1994;

  • (j) the past service pension adjustment (PSPA) of an eligible pilot with respect to the CPBSL for the year in which this Part comes into force shall be determined as if the eligible pilot’s provisional PSPA with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act were nil, to the extent that the provisional PSPA relates to benefits provided under the pension plan in respect of years after 1993;

  • (k) for each particular year that is after 1993 and before 1998,

    • (i) the pension adjustment of an eligible pilot with respect to the CPBSL shall be determined as if the pension plan had been a registered pension plan in that particular year and as if all benefits provided to the pilot for that particular year had accrued on a current-service basis, and

    • (ii) information returns reporting the pension adjustment so determined must have been filed, not later than September 9, 1998, with the Minister of National Revenue in the form and manner authorized by that Minister;

  • (l) if the pension plan is registered under section 147.1 of the Income Tax Act within 120 days, or any longer period that is acceptable to the Minister of National Revenue, after June 11, 1998, the assets of the fund are deemed to have been transferred to the fund from a registered pension plan;

  • (m) the CPHQ shall assume the obligations of the employer under Part LXXXIV of the Income Tax Regulations with respect to eligible pilots; and

  • (n) the requirement of certification under paragraph 147.1(10)(a) of the Income Tax Act does not apply in relation to benefits provided under the pension plan before 1994 in respect of the years 1990, 1991, 1992 and 1993.

• Marginal note:Additional benefits

  (2) For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i).

• Marginal note:Part X.1 tax

  (3) For the purposes of Part X.1 of the Income Tax Act, the cumulative excess amount of an eligible pilot in respect of registered retirement savings plans at any time before July, 1998 shall be determined as if each of the following amounts were nil:

  • (a) any pension adjustment of the pilot referred to in paragraph (1)(k); and

  • (b) the pilot’s provisional PSPA, within the meaning of the Income Tax Regulations, with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act.

Regulations

Marginal note:Regulations

60 The Governor in Council, on the recommendation of the Minister of Finance, may make regulations for carrying out the purposes and provisions of this Part.