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 an individual who is training to become a licensed pilot. (apprenti-pilote)

Authority

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

authorized representative

authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

compulsory pilotage

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

licence

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

licensed pilot

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

Minister

Minister means the Minister of Transport. (ministre)

person

person includes a partnership, an unincorporated organization, an association and a trust. (personne)

person in charge

person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable)

pilot

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

pilotage certificate

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

pilotage certificate holder

pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage)

regular member of a ship’s complement

regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. (membre régulier de l’effectif du navire)

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)

Tribunal

Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

Purpose and Principles

Marginal note:Purpose and principles

2 The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles:

• (a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment;

• (b) that pilotage services be provided in an efficient and cost-effective manner;

• (c) that risk management tools be used effectively and that evolving technologies be taken into consideration; and

• (d) that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient.

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:Ineligibility

  (3.2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority.

• 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 order,

• (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.

5 [Repealed, 2019, c. 29, s. 229]

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 their ordinary place of residence in the course of their duties under this Act.

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) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, 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:Content of contracts for service

15.4 An Authority is not authorized to enter into or amend a contract for services referred to in subsection 15(2) that deals with a subject referred to in any of paragraphs 52(1)(a) to (o).

Marginal note:Availability of contracts for service

15.5 An Authority shall, on request, provide to any person a copy of any contract for services referred to in subsection 15(2) that the Authority has entered into.

Marginal note:Contract pilots

15.6 If an Authority requires the services of a licensed pilot in a compulsory pilotage area for which the Authority has no employees or for which a body corporate referred to in subsection 15(2) has not been established, the Authority may contract with one or more licensed pilots for the provision of those services.

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 In keeping with the principles set out in section 2, the objects of an Authority are to establish, operate, maintain and administer, in the interests of safety of navigation, 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 any moneys not immediately required for the purposes of the Authority in any class of financial asset.

Marginal note:Payment to Minister

37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister.

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 a pilotage certificate holder.

Marginal note:Limitation of liability

• 40 (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their 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:Liability of owner

41 Nothing in this Act 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 If 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 a pilotage certificate holder 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.

Review of Act

Marginal note:Ten-year review

• 53 (1) The Minister shall, 10 years after the day on which this subsection comes into force and every 10 years after that, undertake a review of the operation of this Act.

• Marginal note:Appointment of reviewers or assistants

  (2) The Minister may appoint one or more persons to undertake or assist in the review.

54 [Repealed, 2019, c. 29, s. 258]

55 [Repealed, 2019, c. 29, s. 258]

56 [Repealed, 2019, c. 29, s. 258]

57 [Repealed, 2019, c. 29, s. 258]

58 [Repealed, 2019, c. 29, s. 258]

59 [Repealed, 2019, c. 29, s. 258]

60 [Repealed, 2019, c. 29, s. 258]