Pilotage Act (R.S.C., 1985, c. P-14)

Marginal note:Notice of proposal

• 33.3 (1) An Authority shall publish on its website a notice of any proposal to establish or revise a pilotage charge.

• Marginal note:Contents of notice

  (2) The notice is to

  • (a) describe the proposal, including by setting out the Authority’s reasons for establishing or revising the pilotage charge and the circumstances in which the charge would apply;

  • (b) indicate that any person may make representations about the proposal to the Authority, in writing, on or before the date set out in the notice, which date is not to be earlier than 30 days after the day on which the notice is published;

  • (c) indicate that any person making written representations is to include a summary of those representations and that the summary may be made public by the Authority; and

  • (d) indicate that any person making written representations by the date set out in the notice will have an opportunity to file with the Agency a notice of objection related to the proposal.

• Marginal note:Changes to proposal

  (3) If, after publication of the notice and consideration of the written representations, the Authority elects to modify the proposal, other than by reducing the proposed amount of the pilotage charge, the Authority shall publish on its website a new notice with the content referred to in subsection (2), a description of the changes to the proposal and the reasons for them.

Marginal note:Announcement of decision

• 33.4 (1) After considering all written representations referred to in paragraph 33.3(2)(b), the Authority shall publish on its website an announcement that sets out its decision in respect of the proposal.

• Marginal note:Contents of announcement

  (2) Unless the Authority decides to abandon the proposal, the announcement is to

  • (a) set out the reasons for the decision;

  • (b) describe the pilotage charge and the circumstances in which it will apply, including the date on which it will take effect, which date is not to be earlier than 60 days after the day on which the announcement is published;

  • (c) provide a summary of the written representations referred to in paragraph 33.3(2)(b) and of the Authority’s analysis of any issues and concerns brought to its attention in the representations, including how it considered these issues and concerns in its decision; and

  • (d) indicate that a person may file with the Agency a notice of objection related to the decision to establish or revise a pilotage charge, the grounds for filing a notice of objection and how to file it.

Marginal note:Notice of objection

• 34 (1) A person may, within 90 days after the day on which the announcement referred to in section 33.4 is published, file with the Agency a notice of objection, in the form and manner determined by the Agency, related to the decision to establish or revise a pilotage charge.

• Marginal note:Delay in case of failure to publish

  (2) If the Authority establishes or revises a pilotage charge without publishing a notice referred to in section 33.3 or an announcement referred to in section 33.4, the notice of objection may be filed within 90 days after the day on which the new or revised pilotage charge comes into effect.

• Marginal note:Grounds for filing notice

  (3) A notice of objection may be filed only if

  • (a) the pilotage charge was not established or revised in accordance with the charging principles referred to in subsection 33.2(1); or

  • (b) the Authority did not comply with the requirements set out in section 33.3 or 33.4.

• Marginal note:Effect of notice

  (4) A pilotage charge is not suspended or prevented from taking effect by reason of a notice of objection and, until the Agency disposes of the objections set out in the notice, the Agency shall not make an order suspending the pilotage charge or preventing it from taking effect.

Marginal note:Orders of Agency

• 35 (1) If the Agency determines that an objection set out in a notice of objection under section 34 is well founded, it may order the Authority to

  • (a) cancel the establishment or revision of the pilotage charge in question;

  • (b) reinstate any pilotage charge that was in effect immediately before the pilotage charge in question took effect;

  • (c) refund to each user of compulsory pilotage services the amount they paid on account of the pilotage charge the establishment of which is cancelled under paragraph (a) or the amount they paid in excess of the pilotage charge reinstated under paragraph (b);

  • (d) in a case in which the Authority did not comply with the requirements set out in section 33.3 or 33.4, suspend the establishment or revision of the pilotage charge in question until the Authority has taken the measures set out in the order; or

  • (e) take any other appropriate measures.

• Marginal note:Refund

  (2) If under paragraph (1)(c) the Agency orders the Authority to make a refund to a user of compulsory pilotage services,

  • (a) the Agency shall allow the person who filed the notice of objection and the Authority to make representations to the Agency before fixing the period within which the refund is to be made; and

  • (b) the Authority may make the refund to the user by making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency.

• Marginal note:Interest on amount of refund

  (3) If the Agency orders the Authority to make a refund to a user under paragraph (1)(c), the amount of the refund is to include interest at the interest rate charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the order is made.

• Marginal note:Reasons

  (4) The Agency shall provide the person who filed the notice of objection and the Authority with written reasons for any decision made under subsection (1) and, if applicable, any decision to fix the period within which the Authority is to make a refund to a user of compulsory pilotage services.

Financial Provisions

Marginal note:No appropriation

36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies.

Marginal note:Borrowing

36 An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council.

Marginal note:Power to invest

37 An Authority may, with the approval of the Minister of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset.

Marginal note:Payment to Minister

37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister.

Marginal note:Auditor

38 The Auditor General of Canada is the auditor of each Authority.

Conduct of Ship Subject to Compulsory Pilotage

Marginal note:Prohibition where pilotage compulsory

• 38.01 (1) No individual shall have the conduct of a ship within a compulsory pilotage area unless they are a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area.

• Marginal note:Non-application

  (2) Subsection (1) does not apply if

  • (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1);

  • (b) the relevant Authority waives compulsory pilotage; or

  • (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met.

• Marginal note:Pilot responsible to master

  (3) A licensed pilot or pilotage certificate holder 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

  (4) No licensed pilot or pilotage certificate holder shall have the conduct of a ship within a compulsory pilotage area or be on duty on board a ship under a regulation requiring a ship to have a licensed pilot or a pilotage certificate holder on board if

  • (a) they know of any physical or mental disability that prevents them from meeting the qualifications required for their licence or pilotage certificate;

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

  • (c) their licence or pilotage certificate is suspended.

• Marginal note:Prohibition — alcohol or drug consumption

  (5) No licensed pilot or pilotage certificate holder 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.

Marginal note:Power to take conduct of ship

• 38.02 (1) If the master of a ship believes on reasonable grounds that the actions of a licensed pilot or a pilotage certificate holder on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship in place of the licensed pilot or pilotage certificate holder or relieve the licensed pilot from duty on board ship.

• Marginal note:Master to report

  (2) The master of a ship who takes the conduct of it in accordance with subsection (1) shall, within three days of taking the conduct of it, file a written report with the Minister that sets out the master’s reasons for doing so.

Licences and Pilotage Certificates

Marginal note:Issue of licence

• 38.1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations.

• Marginal note:Issue of pilotage certificate

  (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant

  • (a) meets the qualifications provided for in the regulations; and

  • (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area.

• Marginal note:Citizenship

  (3) To be eligible for a licence or pilotage certificate, the applicant shall be

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