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Pilotage Act (R.S.C., 1985, c. P-14)

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Act current to 2020-07-28 and last amended on 2020-06-04. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 29, s. 225

    • 2001, c. 26, s. 316
      • 225 (1) The definition licence in section 1.1 of the Pilotage Act is replaced by the following:

        licence

        licence means a licence issued by the Minister under subsection 38.1(1). (brevet)

      • (2) and (3) [In force]

      • (4) The definition pilotage certificate in section 1.1 of the Act is replaced by the following:

        pilotage certificate

        pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). (certificat de pilotage)

      • (5) [In force]

  • — 2019, c. 29, s. 233

    • 233 Subparagraph 17(1)(b)(ii) of the Act is replaced by the following:

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

  • — 2019, c. 29, s. 235

    • 2001, c. 27, s. 268

      235 Sections 20 to 23 of the Act are repealed.

  • — 2019, c. 29, s. 237

    • 2006, c. 9, pars. 294(d)(E) and (e)(E)

      237 Sections 27 to 32 of the Act are repealed.

  • — 2019, c. 29, s. 242

    • 242 The Act is amended by adding the following after section 38.02:

      Licences and Pilotage Certificates

      • Issue of licence
        • 38.1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations.

        • Issue of pilotage certificate

          (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant

          • (a) meets the qualifications provided for in the regulations; and

          • (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area.

        • Citizenship

          (3) To be eligible for a licence or pilotage certificate, the applicant shall be

          • (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 Minister, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

      • Refusal to issue
        • 38.2 (1) The Minister may refuse to issue a licence or pilotage certificate if

          • (a) the applicant has acted fraudulently or improperly or has misrepresented a material fact;

          • (b) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it; or

          • (c) the applicant has not paid a fee for services related to the licence or pilotage certificate or has not paid a fine or penalty imposed on them under this Act.

        • Notice after refusal to issue

          (2) The Minister shall, immediately after refusing to issue a licence or pilotage certificate, give the applicant a notice confirming the refusal and setting out the grounds on which the Minister has refused to issue the licence or pilotage certificate.

      • Request for review
        • 38.3 (1) An applicant who receives a notice under subsection 38.2(2) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision.

        • Date, time and place for review

          (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the applicant of the date, time and place in writing.

        • Review procedure

          (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

        • Determination

          (4) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

      • Validity period
        • 38.4 (1) A licence or pilotage certificate is valid for the period specified by the Minister.

        • Possession of licence or pilotage certificate

          (2) No person other than the individual to whom it was issued shall possess a licence or pilotage certificate.

      • Production of licence or pilotage certificate

        38.5 Every licensed pilot or pilotage certificate holder shall produce their licence or pilotage certificate to the Minister on request.

      • Lost licence or pilotage certificate

        38.6 The Minister may issue a replacement for a mislaid, lost or destroyed licence or pilotage certificate if the individual to whom it was issued applies in the form and manner specified by the Minister and provides the information and the documents specified by the Minister.

      • Suspension, cancellation or refusal to renew
        • 38.7 (1) Subject to section 38.8, the Minister may suspend, cancel or refuse to renew a licence or pilotage certificate if the Minister is satisfied that

          • (a) the individual to whom it was issued no longer meets the qualifications provided for in the regulations for the issuance of the licence or pilotage certificate;

          • (b) in the case of a pilotage certificate, the individual to whom it was issued no longer has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area;

          • (c) a condition attached to the licence or pilotage certificate has been contravened;

          • (d) the licence or pilotage certificate was obtained by fraudulent or improper means or a misrepresentation of a material fact;

          • (e) the individual to whom it was issued has not paid a fine or penalty imposed on them under this Act;

          • (f) the individual to whom it was issued has contravened a provision of this Act or the regulations; or

          • (g) in the case of a refusal to renew,

            • (i) the applicant has not paid a fee for services related to the licence or pilotage certificate, or

            • (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it.

        • Return of licence or pilotage certificate

          (2) If a licence or pilotage certificate is suspended or cancelled, the individual to whom it was issued shall return it, as soon as possible, to the Minister.

      • Notice before decision

        38.8 The Minister shall, before suspending or cancelling a licence or pilotage certificate, give the individual to whom it was issued 30 days’ notice of the proposed suspension or cancellation. The notice is to set out the grounds on which the Minister proposes to suspend or cancel the licence or pilotage certificate.

      • Exception
        • 38.81 (1) The Minister may suspend or cancel a licence or pilotage certificate without complying with section 38.8 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

        • Decision within 24 hours

          (2) The Minister’s application is to be heard by a member of the Tribunal, sitting alone, whose determination is to be made within 24 hours after the application is filed with the Tribunal.

        • Appeal

          (3) The Minister may, within 24 hours after the determination, appeal the determination to the Tribunal.

        • Decision within 48 hours

          (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

      • Notice after decision

        38.82 Except if a notice is given under section 38.8, the Minister shall, immediately after suspending, cancelling or refusing to renew a licence or pilotage certificate, give the individual to whom it was issued a notice that confirms the suspension, cancellation or refusal and that sets out the grounds on which the Minister suspended, cancelled or refused to renew the licence or pilotage certificate.

      • Request for review
        • 38.83 (1) Subject to subsection (2), the individual who is referred to in a notice under section 38.8 or 38.82 may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

        • Exception

          (2) The request is not to be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the licence or pilotage certificate are set out in paragraph 38.7(1)(e) or subparagraph 38.7(1)(g)(i).

        • Effect of request

          (3) The filing of a request for a review in respect of a notice under section 38.8 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 38.84.

        • Date, time and place for review

          (4) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the individual of the date, time and place in writing.

        • Review procedure

          (5) The member of the Tribunal assigned to conduct the review shall provide the Minister and the individual with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

        • Individual not compelled to testify

          (6) In a review of a decision made under paragraph 38.7(1)(f), the individual is not required, and is not to be compelled, to give any evidence or testimony in the matter.

        • Determination

          (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

      • Right of appeal
        • 38.84 (1) Both the Minister and the individual may appeal to the Tribunal a determination made under subsection 38.3(4) or 38.83(7). The time limit for making an appeal is 30 days after the determination.

        • Loss of right of appeal

          (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

        • Disposition of appeal

          (3) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

  • — 2019, c. 29, s. 250

    • 1998, c. 10, par. 158(a)

      250 Subsection 46(1) of the Act is replaced by the following:

      • Pilotage to and from St. Lambert Lock
        • 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area,

          • (a) a pilot licensed for a compulsory pilotage area that is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;

          • (b) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations 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 for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.

  • — 2019, c. 29, s. 251

    • 251 The Act is amended by adding the following after section 46:

      Electronic Administration and Enforcement

      • Powers
        • 46.01 (1) The Minister may administer and enforce this Act using electronic means.

        • Authorized persons

          (2) For greater certainty, any person or class of persons who are designated under section 46.1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

        • Delegation

          (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister.

        • Decision by automated system

          (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister.

      • Conditions for electronic version

        46.02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if

        • (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

        • (b) any other requirements that may be provided for in the regulations have been met.

      • Regulations
        • 46.03 (1) The Governor in Council may make regulations respecting the application of section 46.01 and paragraph 46.02(b), including regulations respecting

          • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

          • (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received.

        • Requirement to use electronic means

          (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means.

        • Minister’s power

          (3) The regulations may prescribe the circumstances in which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

        • Electronic payments

          (4) The regulations may

          • (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system;

          • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

          • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

  • — 2019, c. 29, s. 255

    • R.S., c. 31 (1st Supp.), s. 86

      255 Section 52 of the Act is replaced by the following:

      • Regulations
        • 52 (1) The Governor in Council may make regulations respecting the provision of pilotage services, including regulations

          • (a) establishing compulsory pilotage areas;

          • (b) respecting which ships or classes of ships are subject to compulsory pilotage;

          • (c) respecting waivers of compulsory pilotage;

          • (d) respecting master-pilot exchanges;

          • (e) respecting the classes of licences and classes of pilotage certificates that are to be issued as well as the form and manner of their issuance;

          • (f) respecting the qualifications that are required of an applicant for a licence or pilotage certificate, or any class of licence or pilotage certificate, for a compulsory pilotage area, including the applicant’s physical and mental fitness, degree of general and local knowledge, skill, training, experience and proficiency in one or both of the official languages of Canada;

          • (g) respecting skill and knowledge examinations, medical examinations, apprenticeship, the provision of documents and recommendations and other means of determining whether an individual meets the qualifications required under paragraph (f);

          • (h) respecting the conditions of a licence or pilotage certificate or the conditions of any class of licence or pilotage certificate;

          • (i) limiting the number of licences or classes of licences that may be issued for a compulsory pilotage area;

          • (j) respecting the information to be provided and the procedures and practices to be followed by a ship that is about to enter, leave or proceed within a compulsory pilotage area;

          • (k) respecting the minimum number of licensed pilots or pilotage certificate holders that are required to be on board a ship at any time and which class of licence or pilotage certificate that they are required to hold;

          • (l) respecting additional training and periodic medical examinations for licensed pilots and pilotage certificate holders;

          • (m) respecting risk assessments;

          • (n) respecting the development and implementation of management systems by the Authorities; and

          • (o) respecting fees and charges to be paid in relation to the administration of this Act, including the development of regulations, and the enforcement of this Act.

        • United States pilots and waters

          (2) With respect to Canadian waters that are contiguous with waters of the United States, the regulations may set out the conditions under which

          • (a) an individual who is 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 pilotage certificate holder may have the conduct of a ship in waters of the United States.

        • Paragraph (1)(l)

          (3) Regulations referred to in paragraph (1)(l) may distinguish between licensed pilots and between pilotage certificate holders on the basis of the class of licence or pilotage certificate they hold.

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