Licences and Certificates (continued)
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.
- 1998, c. 10, s. 152
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.
- R.S., 1985, c. P-14, s. 36
- 1998, c. 10, s. 153
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.
- R.S., 1985, c. P-14, s. 37
- 2019, c. 29, s. 240
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.
- 2019, c. 29, s. 240
38 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
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.
(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
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
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.
- 2019, c. 29, s. 241
Marginal note:Her Majesty or Authority not liable
39 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
(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
41 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
42 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
43 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
44 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
45 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
45.1 (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
(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
- 2019, c. 29, s. 249
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