Pilotage Act (R.S.C., 1985, c. P-14)

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; 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).

20 [Repealed, 2019, c. 29, s. 235]

21 [Repealed, 2019, c. 29, s. 235]

22 [Repealed, 2019, c. 29, s. 235]

23 [Repealed, 2019, c. 29, s. 235]

24 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 85]

25 [Repealed, 2019, c. 29, s. 236]

26 [Repealed, 2019, c. 29, s. 236]

27 [Repealed, 2019, c. 29, s. 237]

28 [Repealed, 2019, c. 29, s. 237]

29 [Repealed, 2019, c. 29, s. 237]

30 [Repealed, 2019, c. 29, s. 237]

31 [Repealed, 2019, c. 29, s. 237]

32 [Repealed, 2019, c. 29, s. 237]

Charges

Marginal note:Pilotage charges

• 33 (1) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available in relation to compulsory pilotage, including charges for

  • (a) the services of a licensed pilot or apprentice pilot for a ship that is subject to compulsory pilotage;

  • (b) the use of a pilot boat or other conveyance;

  • (c) the use of communications equipment;

  • (d) travel and other expenses incurred by a licensed pilot or apprentice pilot that are directly associated with an assignment to pilot a ship;

  • (e) the carriage of a licensed pilot or apprentice pilot on a ship beyond the area for which the services of the pilot were engaged;

  • (f) the interruption or extension of a licensed pilot’s or apprentice pilot’s assignment on board a ship or otherwise; and

  • (g) the cancellation of a request for the services of a licensed pilot.

• Marginal note:Other charges

  (2) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available — other than services related to compulsory pilotage — including advisory services and the use of simulators.

Marginal note:Outstanding and unpaid charges

33.1 An Authority may charge interest on outstanding and unpaid charges.

Marginal note:Charging principles

• 33.2 (1) An Authority shall observe the following charging principles when establishing or revising pilotage charges:

  • (a) that pilotage charges be established and revised in accordance with an explicit methodology — that includes any conditions affecting the pilotage charges — that the Authority has established and published;

  • (b) that pilotage charges be structured in a way that does not encourage a user to engage in practices that diminish safety for the purpose of avoiding a charge;

  • (c) that pilotage charges be the same for Canadian users or ships and foreign users or ships;

  • (d) that pilotage charges be set at levels that allow the Authority to be financially self-sufficient and be fair and reasonable; and

  • (e) that pilotage charges not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the Authority’s current and future financial requirements related to the provision of compulsory pilotage services.

• Marginal note:Financial requirements

  (2) For the purposes of paragraph (1)(e), financial requirements include

  • (a) operations and maintenance costs;

  • (b) management and administration costs;

  • (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money;

  • (d) capital costs and depreciation costs on capital assets;

  • (e) financial requirements necessary for the Authority to maintain an appropriate credit rating;

  • (f) tax liability;

  • (g) payments to the Minister for the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act;

  • (h) reasonable reserves for future expenditures and contingencies; and

  • (i) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign.