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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)

Financial Provisions

Marginal note:No appropriation

 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.

  • 1998, c. 10, s. 152

Marginal note:Borrowing

 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.

  • R.S., 1985, c. P-14, s. 36
  • 1998, c. 10, s. 153

Marginal note:Power to invest

 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.

  • R.S., 1985, c. P-14, s. 37
  • 2019, c. 29, s. 240

Marginal note:Payment to 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, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister.

  • 2019, c. 29, s. 240

Marginal note:Auditor

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

  • 1970-71-72, c. 52, s. 27
  • 1976-77, c. 34, s. 26(F)
  • 1984, c. 31, s. 14

Conduct of Ship Subject to Compulsory Pilotage

Marginal note:Prohibition where pilotage compulsory

  •  (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.

  • 2019, c. 29, s. 241

Marginal note:Power to take conduct of ship

  •  (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.

  • 2019, c. 29, s. 241

General

Marginal note:Her Majesty or Authority not liable

 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder.

  • R.S., 1985, c. P-14, s. 39
  • 2019, c. 29, s. 243(E)

Marginal note:Limitation of liability

  •  (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill.

  • Marginal note:Idem

    (2) Where a body corporate contracts with an Authority pursuant to subsection 15(2) for the services of a licensed pilot, the body corporate is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by the fault, neglect or want of skill of the pilot.

  • R.S., 1985, c. P-14, s. 40
  • 2019, c. 29, s. 244

Marginal note:Liability of owner

 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that

  • (a) the ship was under the conduct of a licensed pilot; or

  • (b) the damage or loss was occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot.

  • R.S., 1985, c. P-14, s. 41
  • 2001, c. 26, s. 318
  • 2019, c. 29, s. 245

Marginal note:Liability for pilotage charges

 The owner, master and agent of a ship are jointly and severally liable to pay any pilotage charges.

  • 1970-71-72, c. 52, s. 32

Marginal note:Pilotage charges payable for leading

 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship.

  • R.S., 1985, c. P-14, s. 43
  • 2019, c. 29, s. 246(E)

Marginal note:Pilotage charge — proceeding without pilot

 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot.

  • R.S., 1985, c. P-14, s. 44
  • 2019, c. 29, s. 247

Marginal note:No clearance if pilotage charges unpaid

 No customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid.

  • R.S., 1985, c. P-14, s. 45
  • R.S., 1985, c. 1 (2nd Supp.), s. 213(F)
  • 2019, c. 29, s. 248(F)

Marginal note:Canada Shipping Act, 2001 documents

  •  (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate, licence or permit — under the Canada Shipping Act, 2001, if the applicant or the holder of the document

    • (a) has contravened a direction given under subsection 46.12(3) or (4); or

    • (b) has not paid a fine or penalty imposed on them under this Act.

  • Marginal note:Corporation

    (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation

    • (a) has contravened a direction given under subsection 46.12(3) or (4); or

    • (b) has not paid a fine or penalty imposed on them under this Act.

  • 2019, c. 29, s. 249
 
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