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Laurentian Pilotage Authority Regulations (C.R.C., c. 1268)

Regulations are current to 2020-11-02 and last amended on 2018-04-23. Previous Versions

Laurentian Pilotage Authority Regulations

C.R.C., c. 1268

PILOTAGE ACT

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

Short Title

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

Interpretation

 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dead weight tonnage[Repealed, SOR/98-185, s. 1]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net registered tons[Repealed, SOR/99-417, s. 1]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)

  • SOR/83-274, s. 1
  • SOR/92-680, s. 1
  • SOR/98-185, s. 1
  • SOR/99-417, s. 1
  • SOR/2002-346, s. 1

Compulsory Pilotage Area

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

Compulsory Pilotage

  •  (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.

  • SOR/2002-346, s. 2

 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.

  • SOR/98-184, s. 1
  • SOR/2002-346, s. 3

 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.

  • SOR/2003-167, s. 1

Waivers

  •  (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

  •  (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.

  • SOR/83-861, s. 1

 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.

 
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