Short Title

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

Interpretation

2 In these Regulations,

Act

Act means the Pilotage Act; (Loi)

apprentice

apprentice means an apprentice pilot; (apprenti)

Authority

Authority means the Laurentian Pilotage Authority; (Administration)

berth

berth means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor; (poste)

Board of Examiners

Board of Examiners means the persons appointed pursuant to section 30 to conduct an examination for any class of licence or pilotage certificate; (jury d’examen)

compulsory pilotage area

compulsory pilotage area means the area described in Schedule I; (zone de pilotage obligatoire)

dead weight tonnage

dead weight tonnage[Repealed, SOR/98-185, s. 1]

deadweight tonnage

deadweight tonnage means the weight in metric tons of cargo, ship’s fuel, passengers and crew carried by a ship when loaded to its maximum Summer Load Line; (port en lourd)

District

District means a district described in Schedule II; (circonscription)

gross tonnage

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

length of the ship

length of the ship means the distance in metres and centimetres between the fore and aft extremities of the ship; (longueur du navire)

movage

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

net registered tons

net registered tons[Repealed, SOR/99-417, s. 1]

part of a district

part of a district means

• (a) for a licence, all navigable waters of a district lying between two pilot boarding stations, and

• (b) for a pilotage certificate, the navigable waters of a district lying between and in the vicinity of two berths, as indicated on the pilotage certificate; (partie d’une circonscription)

Compulsory Pilotage Area

3 The compulsory pilotage area is divided into Districts No. 1, No. 1-1 and No. 2.

Compulsory Pilotage

• 4 (1) Subject to subsection (3), the following ships are subject to compulsory pilotage:

  • (a) any ship registered in Canada that

    • (i) is operated in District No. 1 or District No. 1-1 and is over 70 m in length and over 2 400 tons gross tonnage, or

    • (ii) is operated in District No. 2 and is over 80 m in length and over 3 300 tons gross tonnage; and

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

• (2) Every scow and barge that is registered in Canada, manned by Canadian masters and officers and carrying as cargo a pollutant, as defined in section 727 of the Canada Shipping Act, is subject to compulsory pilotage.

• (3) The following ships or classes of ships, if registered in Canada and manned by Canadian masters and officers, are not subject to compulsory pilotage:

  • (a) any ship owned by the Government of Canada and not engaged in commercial trade;

  • (b) any ferry operating in the passenger carrying trade on a regular schedule between two or more terminals;

  • (c) any ship designed for and engaged in fishing;

  • (d) any tug, floating crane or dredge; and

  • (e) any self-propelled barge trading regularly between two or more terminals in the Province of Quebec in or east of District No. 2 other than a barge described in subsection (2).

• (4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of

  • (a) the condition of the ship;

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

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

4.1 Despite paragraph 4(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as specified in paragraph 4(1)(a) or if the length of any of the barges or scows is as specified in paragraph 4(1)(b), as the case may be.

4.2 Despite paragraph 4(1)(a), every ship registered in Canada that, before September 24, 2002, was not subject to compulsory pilotage by reason of its length or net registered tonnage is not subject to compulsory pilotage under that paragraph.

Waivers

• 5 (1) The authority may waive compulsory pilotage of any ship

  • (a) that is to arrive in, depart from or make a movage within the compulsory pilotage area if her owner, master or agent has complied with section 6, 7, 8, 9 or 10, whichever is applicable, and no licensed pilot is available to perform pilotage duties at the time of her arrival, departure or movage, as the case may be, or

  • (b) in respect of which one or more licensed pilots refuse to perform pilotage duties, except where the Authority regards the ship as unsafe.

• (2) Notwithstanding subsection (1), the Authority may waive compulsory pilotage of a ship that is in distress, proceeding to a ship in distress or entering the compulsory pilotage area for refuge.

Notices of Arrival

• 6 (1) The owner, master or agent of a ship that is to arrive in the compulsory pilotage area at the pilot boarding station at Les Escoumins shall

  • (a) if the ship is arriving from any point east of the Strait of Belle Isle, Cabot Strait or the Strait of Canso

    • (i) give a first notice of the estimated time of arrival 24 hours before the estimated time of arrival,

    • (ii) give a second notice of the estimated time of arrival 12 hours before the estimated time of arrival, and

    • (iii) give a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival;

  • (b) if the ship is arriving from any point west of the Strait of Belle Isle, Cabot Strait or the Strait of Canso

    • (i) give a first notice of the estimated time of arrival 12 hours before the estimated time of arrival, and

    • (ii) give a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival.

• (2) The notices referred to in paragraphs (1)(a) and (b) shall be given by calling a coastal marine radio station or pilot despatch centre.

7 The owner, master or agent of a ship that is to arrive in the compulsory pilotage area from any point above the entrance to St. Lambert Lock shall give notice of the immediate and ultimate destinations of the ship in the compulsory pilotage area by calling the St. Lawrence Seaway Radio Control when passing Iroquois Lock and Beauharnois Lock.

Notices of Departure

8 The owner, master or agent of a ship that is to depart from a berth in the compulsory pilotage area for any purpose, other than making a movage, shall, by calling a pilot despatch centre,

• (a) give a first notice of its estimated time of departure 12 hours before its estimated time of departure; and

• (b) give a final notice confirming or correcting its estimated time of departure at least four hours before the estimated time.

Notices of Movage

• 9 (1) The owner, master or agent of a ship that is to make a movage shall,

  • (a) in any harbour within the compulsory pilotage area other than the Harbour of Montreal or the Harbour of Quebec,

    • (i) give a first notice of the estimated time of movage 12 hours before the estimated time of movage, and

    • (ii) give a final notice confirming or correcting the estimated time of movage four hours before the estimated time of movage;

  • (b) in the Harbour of Montreal or the Harbour of Quebec, give a notice of movage three hours before the time of movage.

• (2) The notices referred to in subsection (1) shall be given by calling a pilot despatch centre.

Optional Notices

• 10 (1) Notwithstanding sections 8 and 9, the owner, master or agent of a ship that is to depart or make a movage may within eight hours after having given the first notice referred to in paragraph 8(a) or subparagraph 9(1)(a)(i), give a second notice confirming or correcting the estimated time of departure from or movage in any compulsory pilotage area.

• (2) Where a second notice has been given in respect of a ship pursuant to subsection (1), the time of departure or movage of that ship shall not be later than 12 hours from the time that notice was given.

Required Information

11 Where the owner, master or agent of a ship gives a notice referred to in subparagraph 6(1)(a)(i) or 6(1)(b)(i), he shall state,

• (a) in the case of the first arrival of the ship in the compulsory pilotage area in any calendar year,

  • (i) the name, nationality, call sign and agent of the ship,

  • (ii) the length, breadth, moulded depth, deepest draught, speed, deadweight tonnage and gross tonnage of the ship, and

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

• (b) in the case of any subsequent arrival, movage or departure of the ship in the compulsory pilotage area in any calendar year,

  • (i) the name, call sign, deepest draft, the speed of the ship and any changes in the information provided under paragraph (a), and

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

12 Where a ship has on board one or more holders of pilotage certificates who are certificated for the compulsory pilotage area through which the ship is to proceed, the master of the ship shall, each time the ship proceeds through the area, state

• (a) the names of the holders of pilotage certificates and the certificate numbers; and

• (b) the information specified in subparagraphs 11(b)(i) and (ii).

13 Where in any case referred to in section 6, 7, 8, 9 or 10, the owner, master or agent of a ship fails without reasonable cause to give the notice required by that section for that case, the Authority is not required to provide that ship with the services of a pilot.

Classes of Licences and Pilotage Certificates

14 The classes of licences and pilotage certificates that may be issued by the Authority are as follows:

• (a) Class A or Class B Montreal Harbour licence or pilotage certificate;

• (b) Class A, Class B or Class C licence or pilotage certificate;

• (c) Class D apprentice pilot permit.

• 15 (1) A Class A Montreal Harbour licence or pilotage certificate permits the holder thereof to perform pilotage duties on any ship, regardless of size, in District No. 1-1.

• (2) A Class B Montreal Harbour licence or pilotage certificate permits its holder to perform pilotage duties on any ship not exceeding 210 m in length in District No. 1-1.

• (3) A Class A licence or pilotage certificate permits its holder to perform pilotage duties (other than movages in District No. 1-1) on any ship in District No. 1 or District No. 2 or any part of those districts.

• (4) A Class B licence or pilotage certificate permits its holder to perform pilotage duties (other than movages in District No. 1-1)

  • (a) in District No. 1 or any part of that District,

    • (i) in the first year after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 195 m in length, and

    • (ii) in the second and any subsequent year after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 215 m in length; and

  • (b) in District No. 2 or any part of that District, on any ship not exceeding 50,000 deadweight tons.

• (5) A Class C licence or pilotage certificate permits its holder to perform pilotage duties (other than movages in District No. 1-1)

  • (a) in District No. 1 or any part of that District,

    • (i) in the first six months after the date on which the holder obtained the licence or pilotage certificate, on any ship not exceeding 165 m in length,

    • (ii) in the six months after the period referred to in subparagraph (i), on any tanker not exceeding 165 m in length and on any other ship not exceeding 175 m in length, and

    • (iii) in the second and any subsequent year after the date on which the holder obtained the licence or pilotage certificate, on any tanker not exceeding 165 m in length and on any other ship not exceeding 185 m in length; and

  • (b) in District No. 2 or any part of that District, on any ship not exceeding 30,000 deadweight tons.

• (6) A Class D apprentice pilot permit allows its holder to undertake pilotage training in the presence of a licensed pilot on any ship, in District No. 1, No. 1-1 or No. 2.

Endorsements

16 A licence or pilotage certificate that is issued in respect of and has endorsed thereon the name of a district or any part thereof within the compulsory pilotage area, permits the holder thereof to perform pilotage duties only in the district or part thereof indicated on the licence or pilotage certificate.

17 A pilotage certificate that has endorsed thereon a seasonal limitation, permits the holder thereof to perform pilotage duties only during the season of the year indicated thereon.

General Qualifications for Applicants for Licences

18 Every applicant for a licence shall

• (a) be able to speak and understand both the French and English languages to the extent necessary to carry out pilotage duties; or

• (b) have obtained a favourable recommendation in respect of his abilities as a pilot from the corporation of pilots of which he is a member.

• (c) [Repealed, SOR/2002-346, s. 5]

Qualifications for Holders of Licences for District No. 1-1

• 19 (1) Every holder of a Class A licence for District No. 1-1 shall

  • (a) be the holder of a certificate of competency not lower than master, local voyage issued under the Canada Shipping Act or Master, Near Coastal; and

  • (b) have piloted in that District

    • (i) for at least one year, while holding a Class B licence for that District, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that District, or

    • (ii) during the 12 months before the day on which the licence is issued, while holding a Class A licence for that part of District No. 1 between Montréal and Trois-Rivières, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1.

• (2) Every holder of a Class B licence for District No. 1-1 shall

  • (a) have obtained a passing mark in an examination held by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with the General Pilotage Regulations; and

  • (c) have

    • (i) served as an apprentice pilot holding a Class D apprentice pilot permit for that District and while so serving have completed during a period of not less than four months but not more than six months, 200 movages in that District, or

    • (ii) completed during the 12 months before the day on which the license is issued, while holding a Class B licence for District No. 1, at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1 between Montréal and Trois-Rivières.

• (3) [Repealed, SOR/2002-346, s. 7]

Qualifications for Holders of Licences for District No. 1 and District No. 2

• 20 (1) Every holder of a Class A licence for District No. 1 or District No. 2 shall

  • (a) have served as a pilot

    • (i) in the case of a licence for District No. 1, during the 36 months before making the application for the licence, while holding a Class B licence for that District, or

    • (ii) in the case of a licence for District No. 2, during a period of at least six years in that District, while holding a Class B licence; and

  • (b) have piloted in District No. 1 or District No. 2, as the case may be, during the 12 months before making the application for the licence, while holding a Class B licence for the appropriate District, at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that District.

• (2) Every holder of a Class B licence for District No. 1 or District No. 2 shall

  • (a) while holding a Class C licence, have piloted in District No. 1 ships not exceeding 165 m in length during the first six months after the date on which the holder obtained the Class C licence and have piloted at least 50 trips in that District during the first year after the date on which the holder obtained that licence;

  • (b) while holding a Class C licence, have piloted in District No. 1 tankers not exceeding 165 m in length or any other ship not exceeding 185 m in length during the second year after the date on which the holder obtained the Class C licence and have piloted during that time at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that District; and

  • (c) while holding a Class C licence, have piloted in District No. 2 ships not exceeding 30,000 deadweight tons during a period of two years after the date on which the holder obtained the Class C licence and have piloted during that time at least two thirds of the average number of pilotage assignments piloted by the licensed pilots for that District.

• (3) Every holder of a Class C licence for District No. 1 or District No. 2 shall

  • (a) have obtained a passing mark in an examination held by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with the General Pilotage Regulations;

  • (c) have served at least 24 months as an apprentice and holder of a Class D apprentice permit in the appropriate District; and

  • (d) have effected, in the appropriate District, while holding a Class D apprentice permit,

    • (i) during each year, in the case of a holder of a licence for that part of District No. 1 between Montreal and Trois-Rivières, at least

      • (A) 55 dockings or undockings within the Harbour of Montreal,

      • (B) five dockings or undockings within the Harbour of Trois-Rivières,

      • (C) 10 dockings or undockings within the Harbour of Sorel,

      • (D) three dockings or undockings at the Wharf of Contrecoeur,

      • (E) five arrivals and five departures from St. Lambert Lock, including transit between the Lock and a place below Jacques Cartier Bridge, and

      • (F) 138 trips between Montreal and Trois-Rivières, of which

        • (I) 18 were between any places between Montreal and Trois-Rivières, and

        • (II) six were between Montreal and Trois-Rivières during the winter navigation period determined by the Authority in accordance with subsection 35(2),

      • (G) and (H) [Repealed, SOR/2002-346, s. 8]

    • (ii) during each year, in the case of a holder of a licence for that part of District No. 1 between Trois-Rivières and Quebec, at least

      • (A) 20 dockings or undockings within the Harbour of Quebec,

      • (B) five dockings or undockings within the Harbour of Trois-Rivières, and

      • (C) 138 trips between Trois-Rivières and Québec, of which

        • (I) eight were between any places between Trois-Rivières and Québec, and

        • (II) six were between Trois-Rivières and Québec during the winter navigation period determined by the Authority in accordance with subsection 35(2), or

      • (D) and (E) [Repealed, SOR/2002-346, s. 8]

    • (iii) during the 24 months referred to in paragraph (c), in the case of a holder of a licence for District No. 2, at least

      • (A) fifteen movages per year in the Harbour of Quebec,

      • (B) five movages per year in the Harbour of Chicoutimi, including Grande-Anse,

      • (C) eight movages per year in the Harbour of Port Alfred, and

      • (D) 113 trips in each year, of which

        • (I) nine were to Chicoutimi or Grande-Anse,

        • (II) 15 were to Port-Alfred, and

        • (III) nine were during the winter navigation period determined by the Authority in accordance with subsection 35(2).

      • (E) [Repealed, SOR/2002-346, s. 8]

• (4) and (5) [Repealed, SOR/2002-346, s. 8]

• (6) [Repealed, SOR/78-844, s. 1]

Documentation Requirements for Pilotage Certificates

• 21 (1) An applicant for a first pilotage certificate shall, not less than 10 days but not more than 60 days before the date of the examination, submit an application and provide the Authority with true copies of the following:

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

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

  • (c) diplomas and navigational certificates as well as documents that establish that the sea service requirements of these Regulations have been met;

  • (d) the medical report required under the General Pilotage Regulations; and

  • (e) a letter of recommendation 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) A holder of a pilotage certificate who applies for another pilotage certificate shall submit an application and provide the Authority with documents that establish that the holder has met the sea service requirements of these Regulations for that certificate.

Qualifications for Holders of Pilotage Certificates for All Districts

• 22 (1) Every applicant for a Class A, Class B or Class C pilotage certificate who is applying for their first pilotage certificate shall

  • (a) have obtained a passing mark in an examination held by the Board of Examiners;

  • (b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with the General Pilotage Regulations;

  • (c) have served on ships engaged in voyages in the appropriate District,

    • (i) in the case of a certificate for District No. 1-1, at least two years as master, or

    • (ii) in the case of a certificate for District No. 1 or District No. 2, at least

      • (A) one year as master, or

      • (B) three years as deck officer;

  • (d) have effected,

    • (i) in the case of a certificate for District No. 1-1, during each of his years of service as required by paragraph (c), at least 20 movages including six movages in that District during the period from December 1st in any year to April 8th in the year next following,

    • (ii) in the case of a certificate for District No. 1, during his years of service as required by paragraph (c), at least

      • (A) 10 movages per year in the Harbour of Quebec,

      • (B) six movages per year in the Harbour of Trois-Rivières,

      • (C) five movages per year in the Harbour of Sorel,

      • (D) 24 one-way trips per year between Montreal and Trois-Rivières,

      • (E) 24 one-way trips per year between Trois-Rivières and Quebec, and

      • (F) six one-way trips per year during the period from December 1st in any year to April 8th in the year next following, or

    • (iii) in the case of a certificate for District No. 2, during his years of service as required by paragraph (c), at least

      • (A) 10 movages per year in the Harbour of Quebec,

      • (B) three movages per year in the Harbour of Chicoutimi,

      • (C) two movages per year in the Harbour of Port Alfred,

      • (D) 12 one-way trips per year including six on the Saguenay River, three to Chicoutimi and two to Port Alfred, and

      • (E) six one-way trips per year during the period from December 1st in any year to April 8th in the year next following,

    • (iv) [Repealed, SOR/2002-346, s. 10]

  • (e) have a degree of proficiency in the French and English languages sufficient to carry out effectively his pilotage duties.

• (2) An applicant for a Class A pilotage certificate who is the holder of a Class B pilotage certificate shall, over the 36 months immediately preceding their application, have effected

  • (a) the movages or trips required each year by paragraph 25(2)(a) or (b) in the applicable district; and

  • (b) under the supervision of a holder of a Class A licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class B pilotage certificate is authorized to perform pilotage duties,

    • (i) eight additional movages in District No. 1-1, in the case of a pilotage certificate for that district, or

    • (ii) 10 additional one-way trips, in District No. 1 or District No. 2, as the case may be, in the case of a pilotage certificate for one of those districts.

• (3) An applicant for a Class B pilotage certificate who is the holder of a Class C pilotage certificate shall, over the 24 months immediately preceding their application, have effected

  • (a) the movages or trips required each year by paragraph 25(2)(a) or (b) in the applicable district; and

  • (b) under the supervision of a holder of a Class B licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class C pilotage certificate is authorized to perform pilotage duties,

    • (i) eight additional movages in District No. 1-1, in the case of a pilotage certificate for that district, or

    • (ii) 10 additional one-way trips in District No. 1 or District No. 2, as the case may be, in the case of a pilotage certificate for one of those districts.

• (4) Despite subsections (1) to (3), an applicant may become the holder of a pilotage certificate valid for only a part of a district if

  • (a) in the case of an applicant for a first pilotage certificate, the applicant has effected the number of trips and movages required for that part of the district under clauses (1)(d)(ii)(A) to (F) or (1)(d)(iii)(A) to (E); or

  • (b) in the case of an applicant for a pilotage certificate who is the holder of another pilotage certificate, the applicant has effected in that part of the district the number of trips or movages required for the district under subsection (2) or (3).

• (5) Despite subsections (1) to (3), an applicant need not effect any movages or trips required to be effected during the period commencing on December 1 and ending on April 8 if the application is for a pilotage certificate valid only for the period beginning when all light buoys are in place in the part of the channel to which the pilotage certificate relates and ending when the Authority informs pilotage certificate holders, by a Notice to Mariners or a Notice to Shipping, that the light buoys have been withdrawn.

23 Where sea service, trips or movages are required by section 22, any such service, trip or movage, as the case may be, shall be or have been effected on board a ship of a size that is subject to compulsory pilotage.

General Requirements for Applicants and Holders

24 No person shall become the holder of a licence or pilotage certificate if

• (a) within one year of his application therefor,

  • (i) he was convicted of an offence under the Act,

  • (ii) any licence or pilotage certificate previously held by the person was suspended pursuant to section 27 of the Act, or

  • (iii) the person was convicted of an offence under paragraph 249(1)(b) or 251(1)(a) or section 253 of the Criminal Code; or

• (b) in the opinion of the Authority, he had an adverse record in ship handling and the performance of pilotage duties.

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

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

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

  • (c) have local knowledge of the district in respect of which he obtained the licence or pilotage certificate, including knowledge of tides, currents, depths of water, anchorages and aids to navigation;

  • (d) have up-to-date knowledge of the harbour and other marine regulations that apply in the district in respect of which he obtained the licence or pilotage certificate, including knowledge of

    • (i) the Collision Regulations,

    • (ii) the measures taken for the control of traffic in the Seaway by the St. Lawrence Seaway Management Corporation in accordance with section 99 of the Canada Marine Act,

    • (iii) the Quarantine Regulations, and

    • (iv) the Act and regulations made thereunder,

    in so far as they apply in that district; and

  • (e) have a good record in ship handling and the performance of pilotage duties.

  • (f) [Repealed, SOR/2008-80, s. 4]

• (2) In addition to the qualifications required by subsection (1), a holder of a licence or pilotage certificate shall,

  • (a) if the holder’s licence or pilotage certificate was issued in respect of District No. 1-1, pilot each year at least eight movages in that district;

  • (b) if the holder’s licence or pilotage certificate was issued in respect of District No. 1 or District No. 2, pilot each year at least eight one-way trips during the period commencing on April 1 and ending on December 14, and subject to section 17, two one-way trips during the period commencing on December 15 in a year and ending on March 31 in the next year, in the District; and

  • (c) on request, provide the Authority with evidence that the holder has complied with the requirements of paragraph (a) or (b).

Notices for the Recruiting of Apprentices

26 When recruiting apprentices for a particular district, the Authority shall publish, not less than 30 days before the deadline for receiving applications, on their Internet site or in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentices that are needed for the district and the date by which the applications must be received.

Qualifications — Apprentices — District No. 1-1

26.1 To obtain a Class D apprentice pilot permit for District No. 1-1, an applicant shall

• (a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice effectively in English and French;

• (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

• (c) be the holder of a certificate of competency not lower than master, local voyage issued under the Canada Shipping Act or Master, Near Coastal;

• (d) have served as master of a ship that is over 70 m in length or over 2 000 tons gross tonnage for at least 18 months during the 60 months before the day on which the application is made;

• (e) have experience navigating in ice; and

• (f) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology and ice navigation on the St. Lawrence River.

Qualifications — Apprentices — District No. 1 and District No. 2

26.2 To obtain a Class D apprentice pilot permit for District No. 1 or District No. 2, an applicant shall

• (a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice effectively in English and French;

• (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

• (c) either

  • (i) provide an attestation establishing that the applicant has successfully completed, at a recognized institution in Canada, an approved cadet training program in navigation listed in the document entitled Approved Training Courses (TP 10655), published by the Department of Transport, as amended from time to time, or

  • (ii) have served as a master of a ship that is over 70 m in length or over 2 000 tons gross tonnage for at least 18 months during the 60 months before the day on which the application is made;

• (d) be the holder of a certificate of competency not lower than master, local voyage issued under the Canada Shipping Act or Master, Near Coastal, and have served on board a ship that is over 70 m in length or over 2 000 tons gross tonnage

  • (i) as a master for at least 10 months during the 24 months before the day on which the application is made, or

  • (ii) while holding a certificate referred to in this paragraph, as a deck watch officer for at least 20 months during the 48 months before the day on which the application is made; and

• (e) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides.

Required Documents — Apprentices

26.3 An applicant for a Class D apprentice pilot permit shall, when making the application, provide the Authority with true copies of the following:

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

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

• (c) diplomas and navigational certificates as well as documents that establish that the sea service requirements of these Regulations have been met;

• (d) the medical report required under the General Pilotage Regulations; and

• (e) a letter of recommendation 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.

Qualifications — Applicants Who Hold a Pilotage Certificate

• 26.4 (1) An applicant for a Class D apprentice pilot permit for District No. 1-1 who holds a pilotage certificate for that district is exempt from the requirements of paragraphs 26.1(a), (b) and (f) and 26.3(a) and (b).

• (2) An applicant for a Class D apprentice pilot permit for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, is exempted from the requirements of paragraphs 26.2(a) to (c) and (e) and 26.3(a) and (b).

• (3) Despite paragraph 20(3)(c), an applicant for a Class C licence for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, shall have served at least 12 months as an apprentice and holder of a Class D apprentice pilot permit in the appropriate District.

27 [Repealed, SOR/2008-80, s. 9]

Assessment of Competencies

• 28 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate or the holder of a licence or pilotage certificate meets the requirements of these Regulations and the General Pilotage Regulations, the Authority shall assess each application for a licence or pilotage certificate and the record of each holder and shall provide the Board of Examiners with

  • (a) a list of applicants for a first licence or first pilotage certificate who meet the requirements of the General Pilotage Regulations and these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 21(1);

  • (b) a list of holders of a licence or pilotage certificate who are applying for another licence or pilotage certificate and who meet the requirements of the General Pilotage Regulations and these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 21(2); and

  • (c) a list of holders in respect of whom the Authority has reason to believe might not meet the requirements of paragraph 25(1)(c) or (d).

• (2) Subject to subsection (7), the Board of Examiners shall

  • (a) conduct the examination referred to in subsection (2.1) or (3), as the case may be, of the applicants referred to in paragraph (1)(a);

  • (b) conduct an examination of the holders referred to in paragraph (1)(b) on their local knowledge of the district or part of the district where they are to pilot; and

  • (c) conduct an examination of the holders referred to in paragraph (1)(c) on the requirements of paragraphs 25(1)(c) or (d).

• (2.1) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (3) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

  • (a) a first written test on general knowledge of pilotage, including knowledge of the legislation applicable to pilotage in that region and knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides;

  • (b) subject to subsection (4), a second written test and an oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot; and

  • (c) a language test to demonstrate that the applicant is able to carry out the duties of a pilotage certificate holder effectively in English and French.

• (4) An applicant must successfully complete the written tests before taking the oral test.

• (5) To pass the examination, an applicant must

  • (a) obtain a mark of at least 70% on any written test; and

  • (b) obtain a mark of at least 70% on the oral test, by showing a knowledge of ship handling and local knowledge of the district or part of the district where the applicant is to pilot that will enable them to effectively and safely carry out the duties of a licensed pilot or pilotage certificate holder.

• (5.1) An applicant who obtains a mark of less than 70% on the oral test shall repeat the written and oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (6) Despite subsection (4), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (3)(a) and (b) if

  • (a) the applicant has attended the pilotage training program established by the Authority and given by the Institut maritime du Québec, described in the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport; and

  • (b) the applicant has successfully completed the tests prepared under the direction of an officer of the Authority in accordance with the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport.

• (7) An applicant shall

  • (a) in the case of an applicant who takes the tests referred to in subsection (3) in two stages, successfully complete all the tests during the 30 months following the day on which the first written test was successfully completed; or

  • (b) in the case of an applicant who takes the tests referred to in subsection (2.1) or who attends the training referred to in paragraph (6)(a) and successfully completes the tests referred to in paragraph (6)(b), have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of a licence.

• 29 (1) An applicant who fails one or more of the tests referred to in paragraphs 26.1(f) and 26.2(e) and subsection 28(2.1) three times is no longer eligible to take those tests.

• (2) An applicant who fails one or more of the tests referred to in subsection 28(3) three times is no longer eligible to take those tests.

• (3) An applicant who fails the tests referred to in paragraph 28(6)(b) three times is no longer eligible to take those tests.

Board of Examiners

• 30 (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Authority and shall consist of the following persons:

  • (a) two holders of a certificate of competency not lower than master, intermediate voyage issued under the Canada Shipping Act or Master, Near Coastal, one of whom is an officer of the Authority and one of whom is an examiner, as defined in section 1 of the Marine Personnel Regulations, of the Department of Transport; and

  • (b) three licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, except in the case of the written tests set out in paragraphs 26.1(f) and 26.2(e), and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (2) The Board of Examiners that conducts the examinations for pilotage certificates shall be appointed by the Authority and shall consist of the following persons:

  • (a) three holders of a certificate of competency not lower than master, intermediate voyage issued under the Canada Shipping Act or Master, Near Coastal,

    • (i) one of whom is an examiner, as defined in section 1 of the Marine Personnel Regulations, of the Department of Transport,

    • (ii) one of whom is an officer of the Authority, and

    • (iii) one of whom is the holder of a pilotage certificate for the district or part of the district where the applicant or holder is to pilot or, if no holder of a pilotage certificate is available, a person who has the skills, knowledge and experience to navigate ships in the district effectively and safely; and

  • (b) two licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (3) The officer of the Authority appointed in accordance with paragraph (1)(a) or (2)(a), as the case may be, shall act as chairperson of the Board of Examiners.

• (4) The Authority shall appoint a person who is knowledgeable about each pilotage district where the applicant or holder is to pilot to observe the conduct of any examination by the Board of Examiners and the person shall, following the examination, file with the Chairman of the Authority a written report on the conduct of the examination.

• 31 (1) The Chairman of the Board of Examiners shall report to the Authority the results of all examinations, including

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

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

• (2) [Repealed, SOR/2002-346, s. 13]

32 The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Authority considers it appropriate to meet their needs.

33 [Repealed, SOR/2002-346, s. 14]

Number of Licences

• 34 (1) The number of licences that may be issued for District No. 1 is limited to 125.

• (2) The number of licences that may be issued for District No. 1-1 is limited to 12.

• (3) The number of licences that may be issued for District No. 2 is limited to 85.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

• 35 (1) The minimum number of licensed pilots or holders of pilotage certificates that shall be on board a ship at any time is one, except that a minimum of two licensed pilots or holders of pilotage certificates shall be on board

  • (a) where the ship is to be piloted in that part of District No. 1 between Montreal and Trois-Rivières or between Trois-Rivières and Quebec and is likely to be under way for more than 11 consecutive hours in that part of that district;

  • (b) where the ship is to be piloted in District No. 2 and is likely to be under way for more than 11 consecutive hours in that district;

  • (c) where a ship in excess of 63,999 tons deadweight is to be piloted in District No. 1;

  • (d) where a ship in excess of 74,999 tons deadweight is to be piloted in District No. 2; or

  • (e) where the ship is to be piloted in District No. 1 or District No. 2 and is

    • (i) a tanker of 40,000 tonnes deadweight or more, or

    • (ii) a passenger ship of more than 100 m in length;

  • (f) in District No. 1 and in District No. 2 during the winter navigation period;

  • (g) where, owing to the conditions or nature of the voyage, more than one person is required to perform pilotage duties on the ship; or

  • (h) where the ship is a tug used in towing or pushing one or more barges or scows if any of the barges or scows or the tug is subject to compulsory pilotage.

• (1.1) Despite paragraph (1)(h), one licensed pilot or holder of a pilotage certificate may be assigned to a tug if

  • (a) the tug is permanently coupled for the duration of the trip at the stern of the barge or scow being pushed in tandem or as a composite unit or with other barges or scows; and

  • (b) the barge or scow does not carry dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 and meets the requirements of Part I of the Oil Pollution Prevention Regulations that relate to construction.

• (2) For the purposes of paragraph (1)(f), the Authority shall determine the winter navigation period in each pilotage district, in the interests of the safety of navigation, in consultation with the Canadian Coast Guard, pilots who are members of a body corporate as described in subsection 15(2) of the Act, and interested groups of shipowners, on the basis of

  • (a) the status of navigational aids;

  • (b) weather;

  • (c) ice formation and ice conditions; and

  • (d) any other pertinent factors.

• (3) The Authority shall, as soon as practicable after determining the winter navigation period in accordance with subsection (2), inform all affected parties of the determination.

Further Training

• 36 (1) [Repealed, SOR/2002-346, s. 16]

• (2) Where a licence or pilotage certificate is suspended by the Authority pursuant to paragraph 27(4)(b) of the Act, the holder of the licence or certificate shall take such further training as will enable the holder to meet the qualifications prescribed in paragraphs 25(1)(c) to (f) of these Regulations.

37 Where a person who holds a licence or pilotage certificate is unable to meet the qualifications prescribed by subsection 25(2), he shall be required to take further training to ensure that his knowledge of the district or part thereof in respect of which his licence or pilotage certificate is in force, is adequate.

Shipping Casualty

• 38 (1) Every holder of a licence or pilotage certificate who is performing pilotage duties on a ship in a compulsory pilotage area at the time the ship is involved in a reportable marine incident or reportable marine accident, as defined in subsection 2(1) of the Transportation Safety Board Regulations, shall immediately, by the fastest means available, report to the Authority full details of the incident or accident, including information relating to any pollution or threat of pollution, if the ship

  • (a) causes the loss of or damage to any other vessel or to any real property located in or adjacent to the waters in the area; or

  • (b) is in any manner implicated in a reportable marine incident or reportable marine accident that may cause damage to or pollution of the surrounding environment.

• (2) Where the report referred to in subsection (1) is not made 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 and to the Regional Director, Marine Services.

General

39 A pilotage certificate issued by the Authority permits the holder thereof to perform pilotage duties only on board the ship of which he is a regular member of the complement.

40 No holder of a pilotage certificate shall pilot a ship in more than one district or part of a district during a one-way trip, unless the holder has rested at least 10 hours between pilotage assignments.

Fees

41 The fees for licences, pilotage certificates and apprentice pilot permits and for any examinations and tests of applicants for licences, pilotage certificates or apprentice pilot permits are set out in Schedule III.