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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)

Objects and Powers (continued)

Marginal note:Regulations

  •  (1) An Authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objects, including, without restricting the generality of the foregoing, regulations

    • (a) establishing compulsory pilotage areas;

    • (b) prescribing the ships or classes of ships that are subject to compulsory pilotage;

    • (c) prescribing the circumstances under which compulsory pilotage may be waived;

    • (d) prescribing the notice, if any, to be given by a ship, of its estimated time of arrival in a compulsory pilotage area or its estimated time of departure from a place in a compulsory pilotage area and the manner of giving the notice;

    • (e) prescribing classes of licences and classes of pilotage certificates that may be issued;

    • (f) prescribing the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet, including the degree of local knowledge, skill, experience and proficiency in one or both of the official languages of Canada required, in addition to the minimum qualifications prescribed by the Governor in Council under section 52;

    • (g) prescribing the manner for determining whether a person who applies for a licence or pilotage certificate, or a licensed pilot or holder of a pilotage certificate, meets the qualifications prescribed under paragraph (f) for the class of licence or pilotage certificate applied for or held, as the case may be;

    • (h) prescribing the manner of issuing licences and pilotage certificates;

    • (i) setting the time and fixing the fee for any examination relating to the issue of a licence or pilotage certificate and the fee for issuing a licence or pilotage certificate;

    • (j) limiting the number of licences that may be issued for any compulsory pilotage area;

    • (k) prescribing the conditions, in addition to anything provided by subsection 25(1), under which a ship shall have a licensed pilot or holder of a pilotage certificate on board;

    • (l) prescribing the minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time; and

    • (m) prescribing the circumstances under which a licensed pilot or holder of a pilotage certificate shall be required to take further training to be enabled to meet any new qualifications prescribed under paragraph (f) since the pilot’s licence or the pilotage certificate was issued.

  • Marginal note:United States pilots and waters

    (2) Where Canadian waters are contiguous with waters of the United States, an Authority may, with the approval of the Governor in Council, make regulations setting out the terms and conditions under which

    • (a) a pilot, or other person, 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 holder of a pilotage certificate may have the conduct of a ship in waters of the United States.

  • Marginal note:Proposed regulations to be published

    (3) An Authority shall publish in the Canada Gazette a copy of each regulation that it proposes to make under paragraph (1)(a) or (f), and no such regulation shall be made by the Authority

    • (a) before the expiration of thirty days after the date of publication of the proposed regulation; or

    • (b) where a notice of objection is filed pursuant to subsection 21(1), before the objection is heard and an order is made by the Minister pursuant to subsection 21(4).

  • 1970-71-72, c. 52, s. 14

Marginal note:Notice of objection to proposed regulation

  •  (1) Any person who has reason to believe that a regulation that an Authority proposes to make under paragraph 20(1)(a) or (f) is not in the public interest may file a notice of objection setting out the grounds therefor with the Minister within thirty days following publication of the proposed regulation in the Canada Gazette under subsection 20(3).

  • Marginal note:Investigation

    (2) Where a notice of objection is filed pursuant to subsection (1), the Minister shall appoint a person to make such investigation of the proposed regulation, including the holding of public hearings, as in the opinion of the Minister is necessary or desirable in the public interest.

  • Marginal note:Powers of investigator

    (3) A person appointed under subsection (2) shall have all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Report

    (4) On completion of a hearing under this section, the person holding the hearing shall send a report to the Minister, who may, by order, approve, amend or disapprove the proposed regulation, either in accordance with the report or otherwise, and the Authority shall make the regulation accordingly.

  • 1970-71-72, c. 52, s. 14

Licences and Certificates

Marginal note:Issue of licence or pilotage certificate

  •  (1) Subject to subsection (2) and any regulations made pursuant to paragraph 20(1)(j), an Authority shall,

    • (a) on receipt of an application in writing for a licence or pilotage certificate, and

    • (b) on being satisfied that the applicant therefor is able to meet the qualifications prescribed by the Governor in Council pursuant to section 52 and by the Authority pursuant to subsection 20(1),

    issue a licence or pilotage certificate to the applicant, but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area equivalent to that required of an applicant for a licence for that compulsory pilotage area.

  • Marginal note:Citizenship of applicants

    (2) No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is

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

  • Marginal note:Term in case of issue to permanent resident

    (3) Every licence or pilotage certificate issued to a permanent resident ceases to be valid five years after the date the licence is issued unless the permanent resident becomes a Canadian citizen before that date.

  • Marginal note:Term where qualifications met

    (4) A licence or pilotage certificate of any class remains in force while the licensed pilot or holder of the pilotage certificate is able to meet the qualifications prescribed by the regulations for a holder of that class of licence or pilotage certificate, including any qualifications prescribed by regulation since the licence or pilotage certificate was issued or deemed to be issued.

  • R.S., 1985, c. P-14, s. 22
  • 2001, c. 27, s. 268

Marginal note:Replacement with licence or pilotage certificate of different class

 Where a licensed pilot or holder of a pilotage certificate is unable to meet the qualifications prescribed by the regulations for the class to which the licence or pilotage certificate belongs, an Authority shall cancel the licence or pilotage certificate and, if the licensed pilot or holder of a pilotage certificate is able to meet the qualifications for a licence or pilotage certificate of a different class, the Authority shall issue a licence or pilotage certificate of that different class to the licensed pilot or holder of a pilotage certificate.

  • 1970-71-72, c. 52, s. 15

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

Marginal note:Prohibition where pilotage compulsory

  •  (1) Except as provided in the regulations, no person shall have the conduct of a ship within a compulsory pilotage area unless the person is a licensed pilot or a regular member of the complement of the ship who is the holder of a pilotage certificate for that area.

  • Marginal note:Pilot responsible to master

    (2) A licensed pilot who has the conduct of a ship is responsible to the master for the safe navigation of the ship.

  • Marginal note:When disqualified from pilotage

    (3) No licensed pilot or holder of a pilotage certificate

    • (a) who knows of any physical or mental disability that prevents that pilot or holder from meeting the qualifications required of a holder of a licence or pilotage certificate,

    • (b) whose ability is impaired by alcohol or a drug or from any other cause, or

    • (c) whose licence or pilotage certificate is suspended,

    shall have the conduct of a ship within a compulsory pilotage area or be on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board.

  • Marginal note:Prohibition of alcohol or drug consumption

    (4) No licensed pilot or holder of a pilotage certificate shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship.

  • 1970-71-72, c. 52, s. 16
 
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