Pacific Pilotage Regulations

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

• (a) the ship is in distress;

• (b) a person on board the ship requires medical evacuation;

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

• (d) the ship is seeking refuge;

• (e) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been met:

  • (i) the owner, master or agent of the ship has complied with sections 12 and 13, and

  • (ii) all persons in charge of the deck watch are familiar with the route and the marine traffic control system in the compulsory pilotage area that the ship is entering; or

• (f) the ship is warping and is not utilizing its engines or a tug except as a line boat for the handling of the ship’s lines.

(2) If a pilot boarding station is within a compulsory pilotage area, the Authority may waive compulsory pilotage in order to allow a ship to

• (a) enter the compulsory pilotage area to embark a licensed pilot at the pilot boarding station; or

• (b) leave the compulsory pilotage area after a licensed pilot has been disembarked at the pilot boarding station.

(3) Subject to subsections (4) to (6), the Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons if all persons in charge of the deck watch

• (a) hold certificates of competency of the proper class and category of voyage for the ship that are required by Part 2 of the Marine Personnel Regulations;

• (b) have served either 150 days of service in the preceding 18 months or 365 days of service in the preceding 60 months, of which 60 days must have been served in the preceding 24 months, at sea as a person in charge of the deck watch on one or more ships on voyages in the region or engaged in the coastal trade; and

• (c) have served as persons in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on one or more occasions during the preceding 24 months.

(4) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 below the New Westminster railway bridge if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed five return voyages through that portion of Area 1 within the 24 months before the application

• (a) with a licensed pilot; or

• (b) with a person in charge of the deck watch who has completed five return voyages through that portion of Area 1 with a licensed pilot, if the Authority is given prior notice of each voyage.

(5) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 above the New Westminster railway bridge if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed 10 return voyages through that portion of Area 1 within the 24 months before the application

• (a) with a licensed pilot; or

• (b) with a person in charge of the deck watch who has completed 10 return voyages through that portion of Area 1 with a licensed pilot, if the Authority is given prior notice of each voyage.

(6) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons carrying dangerous goods and travelling in the Second Narrows Movement Restriction Area if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed six return voyages through that Area, one of which was completed within the 24 months before the application

• (a) with a licensed pilot; or

• (b) with a person in charge of the deck watch who has completed six return voyages through that Area with a licensed pilot, if the Authority is given prior notice of each voyage.

(7) For the purposes of subsections (3) to (6), if a ship is part of an arrangement of ships, then the combined tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage.

(8) Despite subsections (3) to (6), a ship is subject to compulsory pilotage if there is a risk to navigational safety because of

• (a) ship safety orders resulting from an environmental risk;

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

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

(9) An application for a waiver of compulsory pilotage other than an application made under a circumstance described in subsection (1) or (2) shall be made in writing.

(10) At the request of the Authority, the persons in charge of the deck watch referred to in subsections (1) to (6) shall produce evidence that the conditions set out in this section continue to be met.