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Great Lakes Pilotage Regulations (C.R.C., c. 1266)

Regulations are current to 2020-11-02 and last amended on 2011-07-01. Previous Versions

Great Lakes Pilotage Regulations

C.R.C., c. 1266

PILOTAGE ACT

Regulations Respecting the Establishment, Operation, Maintenance and Administration of Pilotage Services within the Great Lakes Pilotage Authority Region

Short Title

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

  • SOR/2007-95, s. 1(F)

Interpretation

 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Chairman [Repealed, SOR/2004-215, s. 1]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gross registered tons[Repealed, SOR/2011-136, s. 1]

gross tonnage

gross tonnage has the meaning assigned by section 2 of the Canada Shipping Act, 2001; (jauge brute)

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supervisor [Repealed, SOR/2004-215, s. 1]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

  • SOR/2004-215, s. 1
  • SOR/2007-95, s. 3(F)
  • SOR/2009-64, s. 1
  • SOR/2011-136, s. 1

Compulsory Pilotage Areas

 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.

  • SOR/2004-215, s. 2(E)

Compulsory Pilotage

General

 The following ships are subject to compulsory pilotage:

  • (a) a ship of more than 1 500 gross tonnage; and

  • (b) a ship that is not registered in Canada and is over 35 m in length.

  • SOR/79-48, s. 1
  • SOR/81-63, s. 1
  • SOR/83-256, s. 1
  • SOR/2007-95, s. 3(F)
  • SOR/2009-64, s. 2
  • SOR/2011-136, s. 2

Ferries

  •  (1) A ship is not subject to compulsory pilotage under section 4 if the ship is a ferry that operates on a regular schedule.

  • (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

    • (a) the ship’s seaworthiness;

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

    • (c) conditions related to weather, currents or ice.

  • SOR/2011-136, s. 2

Tugs

 A ship that is not subject to compulsory pilotage under section 4 is subject to compulsory pilotage if the ship is a tug that

  • (a) 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; or

  • (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1 500 gross tonnage or more.

  • SOR/2011-136, s. 2
  •  (1) A ship is not subject to compulsory pilotage under section 4 if the ship is a tug that

    • (a) is not engaged in towing or pushing another ship or object;

    • (b) is engaged in towing or pushing a ship that is less than 80 m in length; or

    • (c) is engaged in towing or pushing a ship in a harbour.

  • (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

    • (a) the ship’s seaworthiness;

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

    • (c) conditions related to weather, currents or ice.

  • SOR/2011-136, s. 2

Ships Under the Conduct of Masters or Deck Watch Officers Licensed in the United States

 A ship that is subject to compulsory pilotage under section 4 need not be under the conduct of a licensed pilot or the holder of a pilotage certificate if the ship

  • (a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

  • (b) 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.

  • SOR/2011-136, s. 2

Transitional Exception

 Until December 31, 2012, a ship is not subject to compulsory pilotage under section 4 if the ship

  • (a) has an inspection certificate issued by the Minister of Transport under section 10 of the Vessel Certificates Regulations;

  • (b) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

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

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

    • (ii) holds an appropriate and valid certificate of competency issued by the Minister of Transport under the Canada Shipping Act or the Canada Shipping Act, 2001, and

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

  • SOR/2011-136, s. 2
 
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