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Pilotage Act (R.S.C., 1985, c. P-14)

Full Document:  

Act current to 2020-06-17 and last amended on 2020-06-04. Previous Versions

Licences and Certificates (continued)

 [Repealed, 2019, c. 29, s. 236]

 [Repealed, 2019, c. 29, s. 236]

Marginal note:Suspension of licence

  •  (1) The Chairperson of an Authority may suspend a licence or pilotage certificate for a period not exceeding fifteen days where the Chairperson has reason to believe that the licensed pilot or the holder of the pilotage certificate

    • (a) while having the conduct of a ship or being 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, contravened subsection 25(3) or (4);

    • (b) has reported for duty and, in the circumstances, would have been in contravention of subsection 25(3) if the licensed pilot or holder of the pilotage certificate had been on duty;

    • (c) has been negligent in the duty of the licensed pilot or holder of the pilotage certificate; or

    • (d) does not meet the qualifications required of a holder of a licence or pilotage certificate.

  • Marginal note:Confirmation of oral suspension

    (2) Where the Chairperson of an Authority suspends a licence or pilotage certificate orally, the Chairperson shall, within forty-eight hours after the suspension, confirm the suspension in writing together with the reasons therefor to the licensed pilot or holder of the pilotage certificate at the address of that pilot or holder as shown on the register kept by the Authority pursuant to section 32.

  • Marginal note:Report to Authority

    (3) Where the Chairperson of an Authority suspends a licence or pilotage certificate, the Chairperson shall, within forty-eight hours after the suspension, report the suspension to the Authority.

  • Marginal note:Suspension or cancellation by Authority

    (4) Where the Authority receives a report pursuant to subsection (3), it may

    • (a) approve or revoke the suspension under subsection (1);

    • (b) suspend the licence or pilotage certificate

      • (i) for a further period not exceeding one year, or

      • (ii) for an indefinite period until the licensed pilot or holder of the pilotage certificate shows the ability to meet the qualifications prescribed by the regulations; or

    • (c) cancel the licence or pilotage certificate.

  • Marginal note:Notice to pilot

    (5) No action shall be taken pursuant to paragraph (4)(b) or (c) unless, before the suspension by the Chairperson under subsection (1) terminates, the Authority gives written notice to the licensed pilot or holder of the pilotage certificate setting out the action the Authority proposes to take and the reasons therefor.

  • R.S., 1985, c. P-14, s. 27
  • 2006, c. 9, s. 294(E)

Marginal note:Hearings

  •  (1) An Authority shall, before refusing to issue a licence or pilotage certificate or cancelling a licence or pilotage certificate pursuant to section 23, afford the applicant therefor or holder thereof or the representative of that applicant or holder a reasonable opportunity to be heard.

  • Marginal note:Idem

    (2) Where the Authority gives written notice to a licensed pilot or the holder of a pilotage certificate that it proposes to suspend the licence or pilotage certificate for a further period or to cancel the licence or pilotage certificate pursuant to subsection 27(4), the Authority shall afford the holder of the licence or pilotage certificate or the representative of the holder a reasonable opportunity to be heard before the action is taken.

  • Marginal note:Where hearings to be public

    (3) Where a hearing is to be held as provided by subsection (1) or (2) and the applicant for a licence or pilotage certificate or the holder of the licence or pilotage certificate, as the case may be, requests a public hearing or the Authority is satisfied that it would be in the public interest to hold a public hearing, the Authority shall hold a public hearing and hear all persons having an interest in the matter who wish to be heard in connection therewith.

  • Marginal note:Powers respecting hearing

    (4) The Authority has, in relation to any hearing before it, all the powers of a commissioner under Part I of the Inquiries Act.

  • 1970-71-72, c. 52, s. 18

Marginal note:Review by Minister

  •  (1) An applicant who is refused the issue of a licence or pilotage certificate or the holder of a licence or pilotage certificate that is suspended or cancelled pursuant to section 23, 27 or 30 may, after a hearing by an Authority under section 28, apply to the Minister for a review of the decision of the Authority.

  • Marginal note:Powers of Minister on review

    (2) Where, after considering the application made under subsection (1) and any material submitted therewith, the Minister is of the opinion that the issue of the licence or pilotage certificate should not have been refused or the licence or pilotage certificate should not have been suspended or cancelled, the Minister may direct the Authority to

    • (a) issue the licence or pilotage certificate;

    • (b) rescind the suspension or cancellation of the licence or pilotage certificate; or

    • (c) reduce the period of the suspension, on such conditions, if any, relating to the licence or pilotage certificate as the Minister deems proper.

  • 1970-71-72, c. 52, s. 18

Marginal note:Pilot ceasing to be employed or to belong to pilots’ corporation

  •  (1) When a licensed pilot

    • (a) who is an employee of an Authority ceases to be employed as a licensed pilot, or

    • (b) who is a member or shareholder of a body corporate referred to in subsection 15(2) ceases to be a member or shareholder of the body corporate,

    the licence ceases to be valid.

  • Marginal note:Cancellation for failure to meet qualifications

    (2) An Authority shall cancel a licence or pilotage certificate when the holder of the licence or pilotage certificate does not meet the qualifications required of a holder of a licence or pilotage certificate.

  • 1970-71-72, c. 52, s. 19

Marginal note:Delivery up on cancellation

 Where a licence or pilotage certificate is cancelled, the holder thereof shall deliver up the licence or pilotage certificate to the Authority that issued it.

  • 1970-71-72, c. 52, s. 20

Marginal note:Register

 An Authority shall keep a register, in a manner approved by the Minister, of licensed pilots, apprentice pilots and the holders of pilotage certificates.

  • 1970-71-72, c. 52, s. 21

Charges

Marginal note:Pilotage charges

  •  (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.

  • R.S., 1985, c. P-14, s. 33
  • 1998, c. 10, s. 149
  • 2019, c. 29, s. 238

Marginal note:Outstanding and unpaid charges

 An Authority may charge interest on outstanding and unpaid charges.

  • 2019, c. 29, s. 238
 
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