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Pilotage Act (R.S.C., 1985, c. P-14)

Full Document:  

Act current to 2020-10-21 and last amended on 2020-06-04. Previous Versions

Offences and Punishment (continued)

Marginal note:Jurisdiction in relation to offences

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

  • R.S., 1985, c. P-14, s. 51
  • 2001, c. 26, s. 318
  • 2019, c. 29, s. 253

Marginal note:Reporting of alleged contravention

  •  (1) An individual who has reasonable grounds to believe that a person or ship has contravened or intends to contravene a provision of this Act or the regulations or a direction under this Act may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

  • Marginal note:Confidentiality

    (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

  • 2019, c. 29, s. 253

Regulations, Exemption Orders, Interim Orders and Directions

Marginal note:Regulations

 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.

  • R.S., 1985, c. P-14, s. 52
  • R.S., 1985, c. 31 (1st Supp.), s. 86

Marginal note:Exemption orders

  •  (1) The Minister may, by order, exempt for a period of not more than three years any person or ship from the application of any provision of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of ships, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection.

  • Marginal note:Compliance with conditions

    (2) Every person or ship subject to a condition of the exemption order shall comply with that condition.

  • Marginal note:Publication

    (3) The Minister shall, as soon as feasible after making an exemption order, publish a notice of it on a Government of Canada website or by any other means that the Minister considers appropriate.

  • 2019, c. 29, s. 256

Marginal note:Interim orders

  •  (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment.

  • Marginal note:Cessation of effect

    (2) The interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) the day on which it is repealed,

    • (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force,

    • (c) one year after the day on which it is made or any shorter period that may be specified in it, unless it is extended by the Governor in Council, and

    • (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order.

  • Marginal note:Extension — Governor in Council

    (3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c).

  • Marginal note:Restriction

    (4) If an interim order is extended by the Governor in Council, the Minister is not authorized to remake the interim order after it ceases to have effect.

  • Marginal note:Compliance with interim order

    (5) Every person or ship subject to an interim order shall comply with it.

  • Marginal note:Contravention of unpublished order

    (6) No person or ship may be convicted of an offence or found liable for a violation consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.

  • Marginal note:Publication

    (7) An interim order is to be published in the Canada Gazette within 23 days after it is made.

  • Marginal note:Tabling of order

    (8) The Minister shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. It is to be sent to the Clerk of the House if the House is not sitting.

  • 2019, c. 29, s. 256

Marginal note:Direction to licensed pilot or pilot corporation

  •  (1) The Minister may, in writing, direct a licensed pilot or pilot corporation

    • (a) to cease an activity that poses a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment; or

    • (b) to conduct an activity that protects the safety of navigation, including the safety of the public and marine personnel, or that protects human health, property or the environment.

  • Marginal note:Exceptional circumstances

    (2) The Minister is not authorized to make the direction unless the Minister is satisfied that the direction is necessary to deal with exceptional circumstances that involve a risk to the safety of navigation, including the safety of the public and marine personnel, or to human health, property or the environment.

  • Marginal note:Validity period

    (3) The direction is valid for the period specified in it as long as that period ends no more than 30 days after the day on which it is made.

  • 2019, c. 29, s. 256

Marginal note:Incorporation by reference

 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document is to be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Act.

  • 2019, c. 29, s. 256

Marginal note:Statutory Instruments Act

 The following are not statutory instruments for the purposes of the Statutory Instruments Act:

  • (a) a resolution made under section 33;

  • (a.1) a direction given under subsection 46.12(2), (3) or (4);

  • (b) a detention order made under section 46.2;

  • (c) a direction given under subsection 46.22(1);

  • (d) an exemption order made under section 52.1;

  • (e) an interim order made under section 52.2; and

  • (f) a direction given under section 52.3.

  • 2019, c. 29, s. 256
  • 2019, c. 29, s. 257

Review of Act

Marginal note:Ten-year review

  •  (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.

  • 1998, c. 10, s. 157
  • 2019, c. 29, s. 258
 
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