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Pilotage Act (R.S.C., 1985, c. P-14)

Full Document:  

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

Pilotage Authorities (continued)

Organization (continued)

Marginal note:Remuneration

  •  (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.

  • R.S., 1985, c. P-14, s. 14
  • 2001, c. 26, s. 318
  • 2006, c. 9, s. 293(E)
  • 2019, c. 29, s. 230

Marginal note:Employment of staff

  •  (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.

  • 1970-71-72, c. 52, s. 9

Marginal note:Renewal of contract

  •  (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.

  • 1998, c. 10, s. 148

Marginal note:Final offers

  •  (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.

  • 1998, c. 10, s. 148
  • 2019, c. 29, s. 231

Marginal note:Continuation of services

 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.

  • 1998, c. 10, s. 148

Marginal note:Content of contracts for service

 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).

  • 2019, c. 29, s. 232

Marginal note:Availability of contracts for service

 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.

  • 2019, c. 29, s. 232

Marginal note:Contract pilots

 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.

  • 2019, c. 29, s. 232

Marginal note:Authority a Public Service corporation

  • R.S., 1985, c. P-14, s. 16
  • 2003, c. 22, s. 224(E)

Marginal note:By-laws

  •  (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.

  • R.S., 1985, c. P-14, s. 17
  • 2006, c. 9, s. 294(E)

Objects and Powers

Marginal note:Objects

 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.

  • R.S., 1985, c. P-14, s. 18
  • 2019, c. 29, s. 234

Marginal note:Powers

  •  (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).

  • 1970-71-72, c. 52, s. 13
 
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