Short Title

1 These Regulations may be cited as the Great Lakes Pilotage Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Pilotage Act; (Loi)

arrangement of ships

arrangement of ships means a number of ships travelling together that are joined by lines or other means; (ensemble de navires)

Authority

Authority means the Great Lakes Pilotage Authority; (Administration)

Board of Examiners

Board of Examiners means a Board of Examiners established pursuant to section 14; (jury d'examen)

breadth

breadth means, in respect of a ship, the maximum breadth in metres to the outside of the shell plating of the ship; (largeur)

Chairman

Chairman [Repealed, SOR/2004-215, s. 1]

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)

depth

depth means, in respect of a ship, the vertical distance in metres at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the sides of the ship and, for the purpose of this definition, the continuity of a deck is deemed not to be affected by the existence of tonnage openings, engine spaces or a step in the deck; (creux)

gross registered tons

gross registered tons means the gross tonnage stated in the certificate of registry or tonnage certificate of a ship and where the ship has more than one gross registered tonnage, means the largest gross registered tonnage of that ship; (tonneaux de jauge brute au registre)

length

length means, in respect of a ship, the distance in metres between the fore and aft extremities of the ship; (longueur)

movage

movage means the shifting of a ship from one place to another within the confines of a port but does not include shifting carried out solely by means of a ship’s lines for the purpose of loading or unloading cargo or clearing berthing space for use by another ship; (déplacement)

region

region means the Great Lakes Pilotage Authority Region described in the schedule to the Act; (région)

supervisor

supervisor [Repealed, SOR/2004-215, s. 1]

Vice-Chairman

Vice-Chairman [Repealed, SOR/2004-215, s. 1]

Compulsory Pilotage Areas

3 The following areas are established as compulsory pilotage areas:

• (a) Cornwall District, being the Canadian waters of the St. Lawrence River between the northern entrance to St. Lambert Lock and the pilot boarding station near St. Regis in the Province of Quebec;

• (b) International District 1, being the Canadian waters of the St. Lawrence River between the pilot boarding station near St. Regis, in the Province of Quebec, and a line drawn from Carruthers Point light in the Port of Kingston, in the Province of Ontario, on a true bearing of 127° through Wolfe Island south side light and extended to the shore of the State of New York;

• (c) International District 2, being

  • (i) all the waters of the Welland Canal between the following geographic limits:

    • (A) in the southern approach, within an arc drawn one mile southward of the outer light on the western breakwater at Port Colborne, and

    • (B) in the northern approach, within an arc drawn one mile northward of the western breakwater light at Port Weller,

  • (ii) the Canadian waters of Lake Erie westward of a line running approximately 206° true from the Southeast Shoal light to Sandusky Pierhead light at Cedar Point in the State of Ohio, and

  • (iii) the Canadian waters of the connecting channels between Lake Erie and Lake Huron;

• (d) International District 3, being the Canadian waters of St. Mary's River connecting Lake Huron and Lake Superior as far as, in the northern approach, longitude 84° 33’ W;

• (e) the Canadian waters of Lakes Ontario, Erie, Huron and Superior other than the waters in the compulsory pilotage areas established under paragraphs (a) to (d); and

• (f) the navigable waters within the limits of the Port of Churchill, Manitoba.

Compulsory Pilotage

• 4 (1) Subject to subsection (2), a ship of more than 1 500 gross registered tons is subject to compulsory pilotage unless it is

  • (a) a ferry operating on a regular schedule;

  • (b) a tug that is

    • (i) not engaged in towing or pushing another ship or object, or

    • (ii) engaged in towing or pushing a ship that is

      • (A) of less than 80 m in length, or

      • (B) within a harbour;

  • (c) a ship that

    • (i) is inspected and certified as to safety on behalf of the Board of Steamship Inspection established pursuant to the Canada Shipping Act,

    • (ii) navigates only on the Great Lakes or inland waters of Canada except for occasional home-trade voyages, and

    • (iii) is under the conduct of a master or deck watch officer who

      • (A) is a regular member of the complement of the ship,

      • (B) holds a valid certificate of competency of the proper grade and class issued by the Minister of Transport or recognized by him for the purpose of subsection 130(1) of the Canada Shipping Act, and

      • (C) has been certified within the preceding 12 months by the owner of the ship as having completed, in the three year period preceding the date of the certificate, in the capacity of master or deck watch officer, not less than 10 one-way passages of the compulsory pilotage area in which the ship is navigating; or

  • (d) a ship that

    • (i) navigates only on the Great Lakes or inland waters of Canada except for occasional home-trade voyages, and

    • (ii) is under the conduct of a master or deck watch officer who holds a certificate of competency or similar document issued pursuant to the laws of the United States that authorizes that person to have the conduct of the ship within the compulsory pilotage area in which the ship is navigating.

• (2) A tug is subject to compulsory pilotage if it is engaged in towing or pushing two or more ships and the combined length of those ships, including the length of any lines, is 80 m or more.

• (3) A tug of 1 500 gross registered tons or less that is outside a harbour is subject to compulsory pilotage if it is part of an arrangement of ships having, in total, a gross tonnage of more than 1 500 gross registered tons.

Waiving of Compulsory Pilotage

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

  • (a) the ship is in distress;

  • (b) the ship is proceeding to or assisting a ship in difficulty or in a position of danger;

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

  • (d) the ship is entering a compulsory pilotage area for the purpose of seeking refuge;

  • (e) the ship is in any compulsory pilotage area described in paragraph 3(e) and

    • (i) a licensed pilot is on board and available on call, or

    • (ii) the master or deck watch officer of the ship is the holder of a pilotage certificate, or a similar document issued by an appropriate authority of the United States, which certificate or document authorizes the master or deck watch officer to have the conduct of a ship within the area;

  • (f) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been satisfied, namely,

    • (i) the owner, agent or master of the ship has complied with subsection 8(1),

    • (ii) the owner, agent or master of the ship has provided notice to the Authority of the pilotage services to be performed, the limits of the area for which the waiver is requested, the immediate and ultimate destinations of the ship within the compulsory pilotage area, the name, nationality, length, breadth, deepest draft and gross registered tonnage of the ship and the nature of the cargo on board the ship,

    • (iii) the master of the ship is familiar with the route and any marine traffic control system in the compulsory pilotage area and is prepared to proceed without the services of a pilot, and

    • (iv) a person referred to in subparagraph (i) has provided to the Authority any other information required by it to ensure safe navigation;

  • (g) ) one or more licensed pilots refuse to perform the functions of a pilot for any reason other than the safety of the ship; or

  • (h) the ship is necessary for carrying out the following work or for any related operations and the Authority determines that the waiver will not impede safe navigation, namely,

    • (i) dredging work, in which case the waiver applies only for the site specified in the waiver and for travelling to and from the port and spoil grounds within the distance specified in the waiver, or

    • (ii) underwater engineering work such as the construction, laying or maintenance of underwater pipeline or cable or other similar facilities.

• (2) A waiver under paragraph (1)(h) is valid only if it is provided by the Authority in writing and may be made subject to the condition that a licensed pilot be engaged for the overall supervision of the ships specified in the waiver, in which case the waiver does not apply unless the licensed pilot is so engaged.

United States Pilots

• 6 (1) Subject to subsection (2), where Canadian waters are contiguous with waters of the United States, a ship subject to compulsory pilotage may be under the conduct of a person who is duly authorized to have such conduct by an appropriate authority of the United States.

• (2) Subsection (1) does not apply unless persons holding licences or pilotage certificates under the Act and any regulations made pursuant to the Act are granted similar authority by the Government of the United States for the United States waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in the Province of Quebec.

Navigation in the Compulsory Pilotage Areas

7 The Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,

• (a) the person in charge of the ship fails to

  • (i) provide safe boarding and disembarking facilities for a pilot,

  • (ii) provide adequate accommodation and meals to a pilot in any case when the pilot is required to be on board the ship for a period of more than three hours, or

  • (iii) sign the pilotage card supplied by the Authority to the pilot; or

• (b) the owner, agent or master of the ship has not complied with subsection 8(1).

Notice of Requirement for a Pilot

• 8 (1) Subject to subsection (2), the owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time four hours before the pilot is so required.

• (2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.

Exchange of Pilots at Iroquois Lock

• 8.1 (1) A ship that is under the conduct of a licensed pilot and is transiting International District No. 1 shall exchange pilots at Iroquois Lock if

  • (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 16 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or

  • (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 56 minutes to transit from Cape Vincent to Crossover Shoal.

• (2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.

Pilotage Certificates

9 A pilotage certificate issued by the Authority permits its holder to have the conduct of the ship of whose complement the holder is a regular member in each compulsory pilotage area in respect of which the pilotage certificate was issued.

Apprentice Pilots

10 An apprentice pilot may undertake shipboard pilotage training on any ship, regardless of its size, under the supervision of a licensed pilot.

Endorsements

• 11 (1) A licence or pilotage certificate shall be endorsed in respect of any restrictions or appropriate qualifications pertaining to the holder thereof.

• (2) A licence or pilotage certificate permits the holder thereof to have the conduct of a ship in every compulsory pilotage area endorsed thereon subject to any restrictions and qualifications endorsed thereon.

Qualifications of Applicants

• 12 (1) Subject to subsection (2), every applicant for a licence or pilotage certificate shall

  • (a) have sea service and experience showing that the applicant is able to effectively and safely carry out pilotage duties;

  • (b) pass an examination conducted by the Board of Examiners by showing a knowledge of the topics set out in subsection 13(2) that is compatible with the safe performance of pilotage duties;

  • (c) demonstrate professional conduct;

  • (d) have been declared medically fit to perform pilotage duties in accordance with the requirements of the General Pilotage Regulations not more than 90 days prior to the Authority’s receipt of the application;

  • (d.1) be the holder of

    • (i) a valid Restricted Operator Certificate — Maritime Commercial or a General Operator Certificate issued under paragraph 5(1)(a) of the Radiocommunication Act, and

    • (ii) a certificate indicating that the holder has, within the two years immediately preceding the date of application, attended and successfully completed the marine emergency duties course for senior officers and the simulated electronic navigation, level II, course that are referred to in the Marine Certification Regulations;

  • (e) except in the case of an applicant for a licence or pilotage certificate for the Port of Churchill, Manitoba, have, during the three years immediately preceding the date of his application, completed a minimum of 15 trips in the area in respect of which the licence or pilotage certificate is to be issued; and

  • (f) be able to speak and understand the English language to the extent necessary to carry out pilotage duties.

• (2) In addition to the requirements of subsection (1), every applicant for a licence for

  • (a) an area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Authority prior to the examination required by paragraph (1)(b);

  • (a.1) an area, other than the Port of Churchill, Manitoba, shall have completed a minimum of 50 training trips in that area prior to the examination required by paragraph (1)(b); and

  • (b) the Cornwall District, shall be able to speak and understand the French language to the extent necessary to carry out pilotage duties in that area.

• (3) Paragraphs (1)(b), (d.1) and (e) do not apply to an applicant for a pilotage certificate under section 12 of the General Pilotage Regulations who

  • (a) produces to the Authority a statutory declaration stating

    • (i) his experience and service in the conduct of Canadian ships in and through the parts of each compulsory pilotage area in respect of which the certificate is applied for,

    • (ii) that he is a Canadian citizen or a landed immigrant as described in paragraph 15(2)(b) of the Act,

    • (iii) his age,

    • (iv) that he holds a valid Restricted Radiotelephone Operator's Certificate, and

    • (v) the type of each certificate of competency that he holds; and

  • (b) attaches to the statutory declaration

    • (i) evidence or proof that he is a Canadian citizen or a landed immigrant as described in paragraph 15(2)(b) of the Act,

    • (ii) evidence or proof of his sea service,

    • (iii) a photocopy of his Restricted Radiotelephone Operator's Certificate,

    • (iv) a photocopy of each certificate of competency that he holds, and

    • (v) evidence or proof of his age.

• (4) Paragraph (1)(e) does not apply to an applicant for a licence for an area within the region where the applicant is, on the date of his application for the licence, the holder of a licence for another area within the region.

Examinations

• 13 (1) The examination required by paragraph 12(1)(b) shall be conducted at a 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.

• (2) The examination required by paragraph 12(1)(b) shall relate to the applicant's knowledge of

  • (a) the pilotage and navigational requirements of the area in respect of which the licence or pilotage certificate is to be issued, including knowledge of the currents, depth of water, anchorage areas, prohibited anchorage areas and aids to navigation and, where applicable, the tides;

  • (b) the marine traffic control system, if any, in the area in respect of which the licence or pilotage certificate is to be issued;

  • (c) relevant parts of the Act and regulations made thereunder;

  • (d) ship handling including related characteristics of the ship and principles of hydrodynamics;

  • (e) the practical use of all shipboard navigational instruments;

  • (f) the duties, responsibilities and obligations of a pilot; and

  • (g) relevant customs, port, immigration and pollution regulations.

• (3) In addition to the matters referred to in paragraphs (2)(a) to (g), the examination required by paragraph 12(1)(b) shall relate to

  • (a) in the case of an applicant for a licence or pilotage certificate for the Port of Churchill, Manitoba, his knowledge of the Collision Regulations, any regulations made under any law of Canada respecting the Port of Churchill and the Quarantine Regulations; and

  • (b) in the case of an applicant for a licence or pilotage certificate for an area other than the Port of Churchill, Manitoba, his knowledge of the Rules of the Road for the Great Lakes, any harbour and port regulations for harbours administered by the National Harbours Board, and the Seaway Regulations.

Board of Examiners

• 14 (1) Subject to subsection (2), the Board of Examiners shall consist of one or two officers of the Authority, one of whom shall be Chairperson of the Board, and

  • (a) in the case of an applicant for a licence for an area, two or three persons, each of whom holds a licence for that area; or

  • (b) in the case of an applicant for a pilotage certificate for an area,

    • (i) two or three persons, each of whom holds a licence or a pilotage certificate for that area, and

    • (ii) a holder of a certificate not lower than master, local voyage, granted by the Minister in accordance with section 125 of the Canada Shipping Act, who is knowledgeable about the area, but who is not the holder of a licence for that area.

• (2) Where two officers of the Authority are appointed members of the Board of Examiners, three licensed pilots shall be appointed under paragraph (1)(a) or three persons each holding a licence or a pilotage certificate shall be appointed under subparagraph (1)(b)(i).

• (3) The members of the Board of Examiners shall be appointed by the Authority.

• (4) The Chairperson 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; and

  • (b) the class of licence or pilotage certificate to which a person who passed the examination is entitled.

Fees

• 15 (1) The fee for an examination of an applicant for a licence or pilotage certificate is $500.

• (2) The fee for issuing a licence or pilotage certificate is $250.

Qualifications for Holders of Licences and Pilotage Certificates

• 16 (1) Every holder of a licence or pilotage certificate shall

  • (a) remain medically fit so as to meet the medical requirements set out in the General Pilotage Regulations;

  • (b) maintain and, where possible, improve the holder’s competence with respect to pilotage duties;

  • (c) hold, in a valid and subsisting condition, every certificate that was required for the issuance of the licence or pilotage certificate;

  • (d) complete every year at least five one-way trips in each compulsory pilotage area in respect of which the licence or pilotage certificate was issued, except in the case of a licence or pilotage certificate for the Port of Churchill, Manitoba; and

  • (e) in the case of the holder of a pilotage certificate, provide, at the request of the Authority, satisfactory evidence of compliance with paragraph (d).

Further Training

17 A holder of a licence or pilotage certificate shall, at the direction of the Authority or the Minister, undergo further training

• (a) to enable the holder to meet any new qualifications prescribed under these Regulations; or

• (b) to improve the holder’s competence with respect to pilotage duties, if the Authority or the Minister has reason to believe that the holder may have become a safety risk by virtue of loss of competence in the performance of any pilotage duty.

Shipping Casualty

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

  • (a) causes loss or damage to any other ship 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,

  and a holder of a licence or pilotage certificate was on board the ship at the time the incident occurred, such holder and any other person who had the conduct of the ship at the time shall report the incident forthwith by the fastest available means to the Authority.

• (2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution.

• (3) Where a report referred to in subsection (1) cannot be made directly to the Authority, it shall be made to the nearest maritime traffic control centre.

• (4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Authority and make a written report of the incident on a form provided by the Authority.

• (5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Authority to any person without the prior consent of the person who made the report.