Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Pilotage Act (R.S.C., 1985, c. P-14)

Full Document:  

Act current to 2020-10-21 and last amended on 2020-06-04. Previous Versions

St. Lambert Lock

Marginal note:Pilotage to and from St. Lambert Lock

  •  (1) Notwithstanding the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority and any compulsory pilotage areas established by those Authorities,

    • (a) a pilot licensed by the Great Lakes Pilotage Authority, may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;

    • (b) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and

    • (c) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.

  • Marginal note:Revenue from St. Lambert Lock

    (2) The Governor in Council may make regulations prescribing procedures to ensure the equitable distribution, between the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority, of the revenue received for pilotage through St. Lambert Lock.

  • R.S., 1985, c. P-14, s. 46
  • 1998, c. 10, s. 158

Enforcement

Designation of Authorized Persons

Marginal note:Designation by Minister

 The Minister may designate persons or classes of persons as authorized persons for the purposes of the administration and enforcement of this Act and may limit in any manner that he or she considers appropriate the powers that the authorized persons may exercise under this Act.

  • 2019, c. 29, s. 252

Marginal note:Certificate of designation

 The Minister shall provide every authorized person with a certificate of their designation and, if the authorized person’s powers are limited under section 46.1, the certificate is to specify the powers that the authorized person may exercise.

  • 2019, c. 29, s. 252

Compliance Measures

Marginal note:Authority to enter

  •  (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that

    • (a) there is anything to which this Act applies;

    • (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or

    • (c) there is any book, record, electronic data or other document relating to the application of this Act.

  • Marginal note:Powers on entry

    (2) The authorized person may, for that purpose,

    • (a) examine the place and anything in the place;

    • (b) use any means of communication or cause it to be used;

    • (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;

    • (d) prepare or cause to be prepared any document, in the form of a printout or other intelligible output, from the data;

    • (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;

    • (f) use any copying equipment or cause it to be used;

    • (g) conduct tests or analyses;

    • (h) take measurements or samples;

    • (i) take photographs or make recordings or sketches;

    • (j) remove anything for the purposes of examination, testing or copying;

    • (k) direct any person to put anything into operation or to cease operating it;

    • (l) prohibit or limit access to all or part of the place or to anything in the place; and

    • (m) direct any person to establish their identity to the authorized person’s satisfaction.

  • Marginal note:Powers — direction to provide information

    (3) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

    • (a) direct any person to provide any information; and

    • (b) direct a ship, if it is about to enter or is within Canadian waters, to provide any information.

  • Marginal note:Powers — direction to ship

    (4) If an authorized person has reasonable grounds to believe that an offence under this Act has been committed, they may direct a ship that is about to enter or is within Canadian waters

    • (a) to stop;

    • (b) to proceed through those waters, or to proceed to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify;

    • (c) to proceed out of those waters by the route and in the manner that they may specify; or

    • (d) to remain outside those waters.

  • 2019, c. 29, s. 252

Marginal note:Dwelling house or living quarters

  •  (1) An authorized person shall not enter a dwelling house or living quarters under subsection 46.12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in.

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling house or living quarters are a place referred to in subsection 46.12(1);

    • (b) entry to the dwelling house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant to enter a dwelling house or living quarters, an authorized person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

  • Marginal note:Telewarrant

    (4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

  • 2019, c. 29, s. 252

Marginal note:Disposition of sample

  •  (1) An authorized person who takes a sample under paragraph 46.12(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.

  • Marginal note:Certificate or report

    (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.

  • Marginal note:Certificate or report admissible in evidence

    (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance of person

    (4) The party against which the certificate or report is produced may, with leave of the court or of the Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.

  • Marginal note:Notice

    (5) The certificate or report may be admitted in evidence only if the party that intends to produce it has given to the party against which it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

  • 2019, c. 29, s. 252
 
Date modified: