Atlantic Pilotage Authority Regulations (C.R.C., c. 1264)

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 by the Authority for a compulsory pilotage area, and that has the name of that area endorsed on it, permits its holder to perform pilotage duties only in that area and in any approach to or from a boarding station for that area that is located outside of it.

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

General Qualifications

• 14 (1) In addition to meeting the navigational and health qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate shall

  • (a) hold a Restricted Operator’s Certificate (ROC-MC);

  • (b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;

  • (c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements of the General Pilotage Regulations;

  • (d) be able to speak and write English to the extent necessary to carry out pilotage duties;

  • (e) have local knowledge of each pilotage area in which he or she intends to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;

  • (f) have up-to-date knowledge of the harbour and other marine regulations that apply in each pilotage area in which he or she intends to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations, the Act and the regulations made under it; and

  • (g) have a record of safe ship handling and navigation.

• (2) The holder of a licence or pilotage certificate shall

  • (a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to his or her qualifications;

  • (b) continue to meet the qualifications prescribed by paragraphs (1)(d) to (g); and

  • (c) continue to hold every certificate that he or she was required to hold in order to obtain the licence or pilotage certificate.

Experience at Sea — Applicants

• 14.1 (1) In addition to meeting the experience at sea qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application,

  • (a) have served on voyages in the compulsory pilotage area for

    • (i) at least 18 months as master,

    • (ii) at least one year as the person in charge of the deck watch and at least one year as master, or

    • (iii) at least three years as the person in charge of the deck watch; or

  • (b) have completed in the compulsory pilotage area

    • (i) at least 30 one-way trips as master,

    • (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or

    • (iii) at least 60 one-way trips as the person in charge of the deck watch.

• (2) Instead of meeting the additional experience at sea qualifications prescribed by subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarity program that is established by the Authority and provides an equivalent degree of experience.

• (3) Instead of meeting the additional experience at sea qualifications prescribed by subsection (1), an applicant for a pilotage certificate for a compulsory pilotage area set out below may, within the two-year period immediately before the date of the application, have successfully completed a familiarity program that is established by the Authority and provides an equivalent degree of experience:

  • (a) the Miramichi or Restigouche compulsory pilotage area in New Brunswick;

  • (b) the Bay of Exploits, Voisey’s Bay, Humber Arm or Stephenville compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Pugwash compulsory pilotage area in Nova Scotia.

• 14.2 (1) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship.

• (3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if

  • (a) the applicant submits the application within the six-month period after the day on which the area was established as a compulsory pilotage area; and

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

Experience at Sea — Holders

• 14.3 (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

• (3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if

  • (a) the Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the prescribed number of trips within the prescribed period;

  • (b) the holder completes a familiarity program established by the Authority; and

  • (c) the holder demonstrates to the Authority that, within the prescribed period, he or she has gained experience equivalent to the number of trips prescribed for that area.

• 14.4 (1) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

  • (a) the Saint John compulsory pilotage area in New Brunswick;

  • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

  • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

• (2) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

14.5 The holder of a licence or a pilotage certificate shall, on request, provide the Authority with documents confirming that the holder meets, as applicable, the requirements of sections 14.3 and 14.4.

Licences for Non-compulsory Pilotage Areas

15 Subsection 14(1) does not apply in respect of an applicant for a licence for a non-compulsory pilotage area if the applicant is the holder of a licence for a compulsory pilotage area.

Convictions under the Act or the Criminal Code

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 a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the applicant to a Board of Examiners for an examination.

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

• (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) Subject to subsections (3.1) and (3.2), a Board of Examiners shall be appointed by the Authority and shall consist of one representative of the Authority, who shall be the Chairperson of the Board, and the following additional examiners:

  • (a) for an examination respecting a compulsory pilotage area, two pilots who are both licensed for that area; and

  • (b) for an examination respecting a non-compulsory pilotage area, one pilot who is licensed for that area.

• (3.1) An additional examiner for an examination respecting a compulsory pilotage area may be replaced as follows:

  • (a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgeable about that area but is licensed for another compulsory pilotage area; and

  • (b) if a replacement examiner described in paragraph (a) is unavailable, he or she may be replaced by a pilot who is knowledgeable about a compulsory pilotage area that has similar navigational characteristics to the compulsory pilotage area in question but is licensed for another compulsory pilotage area.

• (3.2) The additional examiner for an examination respecting a non-compulsory pilotage area may be replaced as follows:

  • (a) if a pilot who is licensed for the non-compulsory pilotage area in question is unavailable, he or she may be replaced by a pilot who is knowledgeable about that area but is licensed for any other pilotage area; and

  • (b) if a replacement examiner described in paragraph (a) is unavailable, he or she may be replaced by a pilot who is knowledgeable about a pilotage area that has similar navigational characteristics to the non-compulsory pilotage area in question but is licensed for any other pilotage area.

• (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 Chairperson of the Authority a written report on the conduct of the examination.