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Pilotage Act (R.S.C., 1985, c. P-14)

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Act current to 2019-11-19 and last amended on 2019-08-07. Previous Versions

Pilotage Act

R.S.C., 1985, c. P-14

An Act respecting pilotage

Short Title

Marginal note:Short title

 This Act may be cited as the Pilotage Act.

  • 1970-71-72, c. 52, s. 1

Interpretation

Marginal note:Definitions

 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)

  • 2001, c. 26, s. 316
  • 2019, c. 29, s. 225

Purpose and Principles

Marginal note:Purpose and principles

 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.

  • R.S., 1985, c. P-14, s. 2
  • 2001, c. 26, s. 316
  • 2019, c. 29, s. 226

Pilotage Authorities

Establishment

Marginal note:Pilotage Authorities established

  •  (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.

  • R.S., 1985, c. P-14, s. 3
  • R.S., 1985, c. 1 (4th Supp.), s. 44(E)
  • 1998, c. 10, s. 145
  • 2006, c. 9, ss. 290, 294(E)
  • 2019, c. 29, s. 227

Marginal note:Alteration

 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.

  • R.S., 1985, c. P-14, s. 4
  • 2019, c. 29, s. 228

 [Repealed, 2019, c. 29, s. 229]

 [Repealed, 1998, c. 10, s. 146]

Marginal note:Not agent of Her Majesty

 An Authority is not an agent of Her Majesty.

  • 1970-71-72, c. 52, s. 5

Organization

Marginal note:Vice-Chair­person

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

  • R.S., 1985, c. P-14, s. 10
  • 2006, c. 9, s. 291(E)

Marginal note:Reappointment

 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.

  • R.S., 1985, c. P-14, s. 11
  • 1998, c. 10, s. 146.1

Marginal note:Temporary substitute member

 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.

  • 1970-71-72, c. 52, s. 6

Marginal note:Chairperson

  •  (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.

  • R.S., 1985, c. P-14, s. 13
  • 1998, c. 10, s. 147
  • 2006, c. 9, ss. 292(E), 294(E)
 
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