Pilotage Act

Marginal note:Proceeding without a pilot — persons

• 47 (1) The owner, master or person in charge of a ship commits an offence if the ship is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of 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:Proceeding without a pilot — ship

  (2) A ship commits an offence if it is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of 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

  (3) Subsections (1) and (2) do 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:Punishment — individuals

  (4) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Punishment — other persons

  (5) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000.

• Marginal note:Punishment — ships

  (6) Every ship that commits an offence under subsection (2) is liable on summary conviction to a fine of not more than $1,000,000.