Short Title

1 These Regulations may be cited as the Atlantic Pilotage Authority Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Pilotage Act; (Loi)

Authority

Authority means the Atlantic Pilotage Authority; (Administration)

Board of Examiners

Board of Examiners means the persons appointed pursuant to subsection 17(3) to conduct examinations for any class of licence or pilotage certificate; (jury d’examen)

deck watch officer

deck watch officer means a person who has the immediate charge of the navigation and security of a ship, but does not include a pilot; (officier de quart à la passerelle)

gross registered tons

gross registered tons[Repealed, SOR/2006-73, s. 1]

gross tons

gross tons means gross tonnage as defined in section 2 of the Canada Shipping Act; (jauge brute)

movage

movage means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed; (déplacement)

offshore supply vessel

offshore supply vessel means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations; (navire ravitailleur en mer)

pilot dispatch office

pilot dispatch office means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans. (bureau d’affectation des pilotes)

Compulsory Pilotage Areas

3 The areas described in the schedule are hereby established as the compulsory pilotage areas within the region of the Authority.

Ships Subject to Compulsory Pilotage

• 4 (1) The following ships and classes of ships are subject to compulsory pilotage within the areas referred to in section 3:

  • (a) Canadian-registered ships over 1,500 gross tons;

  • (b) ships not registered in Canada, including floating cranes;

  • (c) oil rigs;

  • (d) any combination of tug and tow, if more than one unit is being towed, without regard to gross tons;

  • (e) pleasure craft over 500 gross tons; and

  • (f) ferries that are entering or leaving a port that is not one of their regularly scheduled terminals.

• (2) Despite subsection (1), the following ships and classes of ships are not subject to compulsory pilotage within the areas referred to in section 3:

  • (a) Canadian-government ships;

  • (b) Canadian-registered ships that are employed in catching or processing fish or other living resources of the sea;

  • (c) Canadian-registered offshore supply vessels of 5,000 gross tons or less that have an operations base in a port located within one of the areas;

  • (d) ferries operating on a regular schedule between two terminals that are crewed by masters and officers in charge of the deck watch who

    • (i) are regular members of their ferry’s complement, and

    • (ii) hold certificates of competency under the Marine Certification Regulations;

  • (e) pleasure craft of 500 gross tons or less not registered in Canada; and

  • (f) tugs of 500 gross tons or less not registered in Canada that are crewed by masters and officers in charge of the deck watch who

    • (i) are regular members of their tug’s complement, and

    • (ii) hold certificates of competency under the Marine Certification Regulations.

• (2.1) Despite subsection (1), a ship that is 223 m (731.62 feet) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part III of the schedule (Zone D, Strait of Canso).

• (2.2) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage within the Halifax compulsory pilotage area described in section 2 of Part III of the schedule if

  • (a) the ship or vessel, while within that compulsory pilotage area, is under the operational command of the Commander, Maritime Command, and has been under his operational command for the 30 days before the ship or vessel entered the compulsory pilotage area; and

  • (b) the Commander, Maritime Command, has notified the Authority in writing that the person who is, while the ship or vessel is within that compulsory pilotage area, the commanding officer of the ship or vessel has completed a program of training and familiarization with respect to that compulsory pilotage area that is equivalent to the program completed by officers commanding Canadian ships of war and vessels of war in that compulsory pilotage area.

• (2.3) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage while within the specified part of the Halifax compulsory pilotage area if the ship or vessel, while within the specified part,

  • (a) has a pilot employed by the Department of National Defence on board; and

  • (b) is made fast to and manoeuvred solely by tugs owned by the Government of Canada.

• (2.4) For the purpose of subsection (2.3), "specified part" in respect of the Halifax compulsory pilotage area means that part of the Halifax compulsory pilotage area described in section 2 of Part III of the schedule that lies between a line commencing at a point at Latitude 44°39’15”N., Longitude 63°34’44”W., thence on a bearing of 063°(True) for a distance of 640 m, thence on a bearing of 335°(True) to shore, and a line commencing at a point at Latitude 44°39’50”N., Longitude 63°35’30”W., thence on a bearing of 063°(True) for a distance of 380 m, and thence on a bearing of 335°(True) to shore.

• (2.5) Despite subsection (1), a ship that is less than 15 000 gross tons is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part II of the schedule (Zone A, Outer).

• (3) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage if there is a risk to navigational safety because of

  • (a) the seaworthiness of the ship;

  • (b) unusual conditions on board the ship; or

  • (c) weather conditions, tides, currents or ice.

Waivers

• 5 (1) The Authority may waive compulsory pilotage in respect of a ship

  • (a) where the ship enters a compulsory pilotage area to embark a licensed pilot, until the ship reaches the place arranged for embarkation and the licensed pilot is embarked;

  • (b) where the ship departs from a compulsory pilotage area after it has disembarked a licensed pilot, during the course of its departure;

  • (c) where the ship is engaged in rescue operations;

  • (d) where the ship enters a compulsory pilotage area for refuge;

  • (e) where a licensed pilot is unable to board the ship owing to the stress of weather or ice conditions, without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or

  • (f) where the ship is in distress.

• (2) Subject to subsection (3), where the owner, master or agent of a ship has complied with sections 6, 7 and 8, the Authority may waive compulsory pilotage if

  • (a) no licensed pilot is available to perform pilotage duties; or

  • (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

• (3) The Authority shall not waive compulsory pilotage in circumstances referred to in subsection (2) unless an application for waiver is submitted to the Authority that contains the following information:

  • (a) the name, nationality, call sign, draught and gross registered tonnage of the ship;

  • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area;

  • (c) the nature of any cargo on board the ship;

  • (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and

  • (e) whether the master of the ship is prepared to proceed without the services of a pilot.

• (4) Notwithstanding subsection (2), the Authority may issue a written waiver of compulsory pilotage in respect of a ship if the Authority determines that the waiver will not impede safe navigation and if the ship is

  • (a) specified in the waiver as being necessary for carrying out the following work or operations:

    • (i) dredging work,

    • (ii) the construction, laying or maintenance of underwater pipeline or cable or other similar facilities,

    • (iii) other underwater engineering work, or

    • (iv) work related to the work described in subparagraphs (i) to (iii);

  • (b) engaged in salvage operations; or

  • (c) [Repealed, SOR/2006-73, s. 3]

• (5) A waiver issued under paragraph (4)(a) is only valid for the site specified in the waiver and for proceeding to and from the harbour and, in the case of dredging work, for proceeding to or from spoil grounds within the distance specified in the waiver.

• (6) The Authority may issue a waiver under subsection (4) for a period of one year and may, if the Authority determines that the waiver will not impede safe navigation, on application, renew the waiver annually.

Notices to Obtain Pilots — Arrivals

• 6 (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall,

  • (a) at least 12 hours before the estimated time of arrival of the ship, give a notice of the estimated time (G.M.T.) of arrival of the ship; and

  • (b) in the time set out by the Authority in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans, for the particular compulsory pilotage area concerned, give a notice confirming or correcting the estimated time of arrival.

• (2) The notice required under paragraph (1)(a) shall be given

  • (a) by calling the pilot dispatch office; or

  • (b) by calling a Canadian Coast Guard radio station to request that the notice be relayed to the pilot dispatch office.

Notices to Obtain Pilots — Departures and Movages

7 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Authority for that area in the most recent annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship.

Required Information

• 8 (1) In giving the notice required under paragraph 6(1)(a), the owner, master or agent of the ship shall state

  • (a) the name, nationality, call sign, draught and gross registered tonnage of the ship; and

  • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area.

• (2) Where the ship has on board the holder of a pilotage certificate who is certificated for the compulsory pilotage area through which the ship is to sail, a notice required under section 6 or 7 shall state

  • (a) the name of the holder of the pilotage certificate and the certificate number; and

  • (b) the information required under paragraphs (1)(a) and (b).

9 The Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 6 to 8.

Classes of Licences and Pilotage Certificates

• 10 (1) The Authority may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates.

• (2) The holder of a licence or a pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Authority.

• (3) The Authority may endorse any gross tonnage limit over 40,000 gross tons on a Class A licence or Class A pilotage certificate.

• (4) The Authority may endorse a gross tonnage limit not to exceed 40,000 gross tons on a Class B licence or Class B pilotage certificate.

• (5) The Authority may endorse a gross tonnage limit not to exceed 10,000 gross tons on a Class C licence or Class C pilotage certificate.

Apprentice Permits

11 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size.

Endorsements

12 A licence or pilotage certificate that is issued in respect of, and has endorsed thereon the name of, a compulsory pilotage area, permits the holder thereof to perform pilotage duties only in that area.

Pilotage Certificates

• 13 (1) A pilotage certificate issued by the Authority permits its holder to perform pilotage duties only on board the ship of which he or she is a regular member of the complement.

• (2) The Authority shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is permitted to perform pilotage duties.

Qualifications for Holders of Licences and Pilotage Certificates

• 14 (1) The holder of a licence or pilotage certificate shall meet the following qualifications:

  • (a) have obtained a mark of at least 70% in any examination with respect to the holder's qualifications conducted by the Board of Examiners;

  • (b) not less than 14 days and not more than 60 days prior to the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties;

  • (c) be the holder of a Restricted Radiotelephone Operator's certificate;

  • (d) be the holder of a certificate indicating that the holder has attended and successfully completed a radar simulator course, except that holders of licences or pilotage certificates issued after January 1, 1987 shall have attended and successfully completed SEN (Simulated Electronic Navigation) and MED (Marine Emergency Duties) courses;

  • (e) subject to paragraph (e.1), be the holder of a certificate of competency not lower than master, intermediate voyage, that is unlimited as to tonnage, or the equivalent, and, where the holder is to perform pilotage duties in the Saint John compulsory pilotage area of New Brunswick, in the St. John’s, Holyrood or Placentia Bay compulsory pilotage areas of Newfoundland and Labrador, or in the Halifax or Cape Breton compulsory pilotage areas of Nova Scotia, have served, within the five-year period immediately preceding the date of application to become the holder of a licence or pilotage certificate, on voyages in the relevant compulsory pilotage area for a period of at least

    • (i) 18 months as master,

    • (ii) one year as deck watch officer and at least one year as master, or

    • (iii) three years as deck watch officer;

  • (e.01) as an equivalent to the period of service at sea set out in subparagraph (e)(i), (ii) or (iii), have completed, within the five-year period and in the relevant compulsory pilotage area referred to in paragraph (e),

    • (i) 30 one-way trips as master,

    • (ii) 20 one-way trips as master and 20 one-way trips as deck watch officer, or

    • (iii) 60 one-way trips as deck watch officer;

  • (e.1) where the holder is to perform pilotage duties in any area other than a compulsory pilotage area referred to in paragraph (e).

    • (i) hold a certificate of competency as master, ship of not more than 350 tons, gross tonnage, or tug, local voyage, or the equivalent, and

    • (ii) undergo further training in accordance with a program approved by the Authority in order to ensure competency in the performance of pilotage duties in that area;

  • (f) [Repealed, SOR/90-576, s. 5]

  • (g) be able to speak and write English to the extent necessary to carry out the holder's pilotage duties;

  • (h) hold in a valid and subsisting condition every certificate that the holder was required to hold in order to obtain the licence or pilotage certificate;

  • (i) meet the health qualifications set out in the General Pilotage Regulations, and shall undergo medical examinations at intervals of not more than twelve months;

  • (j) have local knowledge of the pilotage area in which the holder is to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;

  • (k) have up-to-date knowledge of the harbour and other marine regulations that apply in the pilotage area in which the holder is to perform pilotage duties, including, in so far as they apply in that pilotage area, knowledge of

    • (i) the Collision Regulations,

    • (ii) the Quarantine Regulations, and

    • (iii) the Act and the regulations made pursuant thereto; and

  • (l) have a good record of ship handling and navigation.

• (2) In addition to the qualifications required under subsection (1), the holder of a pilotage certificate shall, while having the conduct of a ship, complete every two years at least

  • (a) 12 one-way trips in each of the compulsory pilotage areas in which the holder performs pilotage duties, if the compulsory pilotage area is Miramichi, Restigouche or Saint John in New Brunswick, Holyrood, Placentia Bay, St. John's or Stephenville in Newfoundland and Labrador, Cape Breton, Halifax or Pugwash in Nova Scotia or Charlottetown in Prince Edward Island; and

  • (b) four one-way trips in each of the compulsory pilotage areas in which the holder performs pilotage duties, if the compulsory pilotage area is Bay of Exploits or Humber Arm in Newfoundland and Labrador or Confederation Bridge in Prince Edward Island.

• (3) The holder of a pilotage certificate shall provide the Authority, on request, with documents confirming that the holder meets the requirements of subsection (2).

15 An applicant for a licence in respect of an area that is not a compulsory pilotage area who is the holder of a licence in respect of a compulsory pilotage area meets the qualifications set out in subsection 14(1).

16 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of his application to become a holder, he has been convicted

• (a) of an offence under the Act; or

• (b) of an offence under section 249 of the Criminal Code for operating a motor vehicle, vessel, aircraft, or railway equipment in a manner dangerous to the public; or

• (c) of an offence under section 253 of the Criminal Code for operating or assisting in the operation of, or for having the care or control of, a motor vehicle, vessel, aircraft or railway equipment while impaired by alcohol or a drug or having consumed alcohol in such a quantity that the concentration in the person's blood exceeds 80 mg of alcohol in 100 mL of blood.

Examinations

• 17 (1) For the purpose of determining whether an applicant for or the holder of a licence or pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations for applicants and holders, the Authority shall refer the matter to a Board of Examiners for an examination of the qualifications of that applicant or holder.

• (2) Every examination shall be conducted at the time and place or places determined by the Authority and notice of the examination shall be communicated by the Authority to every applicant for a licence or pilotage certificate.

• (3) The Board of Examiners shall be appointed by the Authority in respect of compulsory pilotage areas and areas that are not compulsory pilotage areas and

  • (a) shall, in respect of compulsory pilotage areas, consist of

    • (i) one representative of the Authority, who shall be the Chairman of the Board, and

    • (ii) two licensed pilots who are knowledgeable about each pilotage area in which an applicant for or the holder of a licence or pilotage certificate is to perform pilotage duties; and

  • (b) shall, in respect of areas that are not compulsory pilotage areas, consist of

    • (i) one representative of the Authority, who shall be the Chairman of the Board, and

    • (ii) one licensed pilot who is knowledgeable about each pilotage area in which an applicant for a licence is to peform pilotage duties, and where there is no pilot licensed for that pilotage area, a licensed pilot from an area that has similar navigational characteristics, appointed by the Authority.

• (4) The Authority may appoint a person as an observer who is knowledgeable about each pilotage area where the applicant for or holder of a licence or pilotage certificate is to perform pilotage duties and to observe the conduct of any examination by the Board of Examiners and such person may, following the examination, file with the Chairman of the Authority a written report on the conduct of the examination.

• 18 (1) An applicant for a licence or pilotage certificate shall, within 60 days and not later than 14 days prior to the date of the examination, provide the Authority with

  • (a) documents establishing that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;

  • (b) a birth certificate or other official document showing the date and place of birth of the applicant;

  • (c) documents establishing the navigational qualifications of the applicant;

  • (d) a written report of the results of the medical examination referred to in section 6 of the General Pilotage Regulations; and

  • (e) a letter of recommendation that includes information about the applicant’s history of ship handling and navigation from

    • (i) the applicant’s most recent employer, if the applicant was employed by that employer for more than two years, or

    • (ii) each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years.

• (2) In addition to providing the information required under subsection (1), an applicant for a pilotage certificate shall have completed, within the two years before the date of the application, while being on the bridge of a ship, at least

  • (a) 12 one-way trips in each of the compulsory pilotage areas in which the applicant is to perform pilotage duties, if the compulsory pilotage area is Miramichi, Restigouche or Saint John in New Brunswick, Holyrood, Placentia Bay, St. John's or Stephenville in Newfoundland and Labrador, Cape Breton, Halifax or Pugwash in Nova Scotia or Charlottetown in Prince Edward Island; and

  • (b) four one-way trips in each of the compulsory pilotage areas in which the applicant is to perform pilotage duties, if the compulsory pilotage area is Bay of Exploits or Humber Arm in Newfoundland and Labrador or Confederation Bridge in Prince Edward Island.

• (3) An applicant for a pilotage certificate shall provide the Board of Examiners with documents confirming that the applicant meets the requirements of subsection (2).

• (4) An applicant for a pilotage certificate in respect of an area that is established as a compulsory pilotage area need not comply with subsection (2) if

  • (a) the application is submitted within six months of the area being established as a compulsory pilotage area; and

  • (b) the applicant provides the Board of Examiners with documents establishing that the applicant was in the area, on the bridge of a ship that is subject to compulsory pilotage under section 4, within the five years prior to the area being established as a compulsory pilotage area.

19 The examinations conducted by the Board of Examiners may include questions relating to

• (a) local knowledge of the pilotage area where the applicant intends to perform pilotage duties, including knowledge of tides, currents, depths of water, anchorages, aids to navigation and the marine traffic regulating system;

• (b) practical knowledge of the interpretation of radar;

• (c) knowledge of the harbour and other marine regulations that apply in the pilotage area where the applicant intends to perform pilotage duties including knowledge of

  • (i) the Collision Regulations,

  • (ii) the Quarantine Regulations, and

  • (iii) the Act and the regulations made pursuant thereto in so far as they apply in that pilotage area;

• (d) knowledge of the handling of ships that are within the tonnage restriction for the class of licence or pilotage certificate held or applied for; and

• (e) the duties, responsibilities and obligations of a pilot including the use of modern navigational instruments for pilotage purposes.

• 20 (1) The Chairman of the Board of Examiners shall report to the Authority the results of every examination, including

  • (a) the name of each person who passed the examination;

  • (b) the class of licence that each person who passed the examination therefor is entitled to; and

  • (c) the class of pilotage certificate that each person who passed the examination therefor will receive.

• (2) The Authority shall, when requested by any person who fails an examination, provide that person with a report indicating the reason he failed.

Fees for Examinations, Licences, Pilotage Certificates and Waivers

• 21 (1) The fee payable to the Authority by an applicant for a licence is

  • (a) $250 for the examination; and

  • (b) $250 for the issue of the licence.

• (2) The fee payable to the Authority by an applicant for a pilotage certificate is

  • (a) $1,000 for the examination; and

  • (b) $250 for the issue of the pilotage certificate.

• (3) The fee payable to the Authority by the holder of a pilotage certificate is $250 in respect of each compulsory pilotage area endorsed on the certificate for each period of two years after the year in which the certificate is issued.

• (4) and (5) [Repealed, SOR/2006-73, s. 15]

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

22 The minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time is one, except where the Authority is of opinion that, due to the conditions or nature of the voyage, the ship requires more than one person to perform pilotage duties on the ship, in which case the minimum number is two.

Further Training

23 Where a licence or pilotage certificate is suspended by the Authority pursuant to paragraph 17(4)(b) of the Act, the holder of the licence or pilotage certificate shall, if he wishes to have his licence or certificate reinstated, take such further training as will enable him to meet the qualifications prescribed in paragraphs 14(1)(j), (k) and (l) of these Regulations.

24 Where a person who holds a pilotage certificate is unable to meet the qualification under paragraph 14(2)(a), he shall be required to take further training to ensure that his knowledge of the pilotage area in respect of which his certificate is in force, is adequate.

Shipping Casualty

• 25 (1) Where an incident occurs whereby a ship in a compulsory pilotage area

  • (a) causes loss or damage to any other vessel or to property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship, or

  • (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment,

  every holder of a licence or pilotage certificate who was performing pilotage duties on that ship shall immediately report to the Authority by the fastest means available all known details of the incident including any pollution or threat of pollution.

• (2) Where the report referred to in subsection (1) is not in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Authority.