Waiving of Compulsory Pilotage
(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 or the holder of a pilotage certificate for that area 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.
- SOR/79-48, s. 2(F)
- SOR/2004-215, s. 3
- SOR/2011-136, s. 3
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.
- SOR/2007-95, s. 3(F)
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
(b) the owner, agent or master of the ship has not complied with subsection 8(1).
- SOR/2004-215, s. 4
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
(2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.
- SOR/2007-95, s. 2
- SOR/2011-136, s. 4
9 A pilotage certificate issued by the Authority permits its holder to perform pilotage duties on board a ship in a compulsory pilotage area if
(a) the holder is a regular member of the complement of the ship; and
(b) the certificate was issued for that compulsory pilotage area.
- SOR/2004-215, s. 5
- SOR/2009-64, s. 3(F)
- SOR/2011-136, s. 5
10 (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage.
(2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of the holder of a pilotage certificate for that area or a licensed pilot for that area, undertake shipboard pilotage training on
- SOR/2004-215, s. 6
- SOR/2011-136, s. 5
(2) Subject to any restrictions or qualifications that are endorsed on it, a licence or pilotage certificate permits its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate.
- SOR/2004-215, s. 7(F)
- SOR/2011-136, s. 6
Applicant for a Licence
(b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties;
(d) hold training certificates showing that the applicant has successfully completed
(e) demonstrate professional conduct;
(g) be able to speak and understand English to the extent necessary to perform pilotage duties.
(2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Authority before taking the examination referred to in paragraph (1)(b).
(3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b).
(4) An applicant for a licence for the Cornwall District shall be able to speak and understand French to the extent necessary to perform pilotage duties in that area.
- SOR/80-15, s. 1
- SOR/2004-215, s. 8
- SOR/2011-136, s. 7
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