Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Pilotage Act. (Loi)

applicant

applicant means an applicant for a licence or pilotage certificate. (demandeur)

certificate

certificate, except for a pilotage certificate, means a certificate referred to in paragraph 3(1)(a) of the Crewing Regulations. (brevet ou certificat)

deck watch officer

deck watch officer means a person who has the immediate charge of the navigation and safety of a ship, but does not include a pilot. (officier de quart à la passerelle)

designated physician

designated physician means a physician who is

• (a) knowledgeable about pilotage duties; and

• (b) designated by an Authority or who practises medicine in an occupational medicine clinic that is designated by an Authority. (médecin désigné)

holder

holder means a holder of a licence or pilotage certificate. (titulaire)

physician

physician means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. (médecin)

TP 11343

TP 11343 means the standard TP 11343, Medical Examination of Seafarers — Physician’s Guide, issued by the Department of Transport, as amended from time to time. (TP 11343)

PART 1Licences and Pilotage Certificates

Health Qualifications

Physical and Mental Fitness for Pilotage Duties

• 2 (1) Every applicant or holder shall undergo a medical examination, at the time or within the interval prescribed in this subsection, conducted by a designated physician to determine their physical and mental fitness for pilotage duties

  • (a) in the case of an applicant, before the licence or certificate is issued; and

  • (b) in the case of a holder, annually.

• (2) Paragraph (1)(a) does not apply to an applicant who intends to perform pilotage duties in an area in a pilotage region and

  • (a) who is the holder of a valid licence or pilotage certificate for another area in the same pilotage region; and

  • (b) whose medical report is valid.

• (3) An applicant or holder is physically and mentally fit for pilotage duties if the applicant or holder

  • (a) does not suffer from any of the disabilities referred to in subsection 3(1); and

  • (b) meets the medical requirements of paragraph 3(2)(a).

Medical Examinations

• 3 (1) The designated physician conducting a medical examination shall determine whether the applicant or holder has any of the following disabilities:

  • (a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;

  • (b) a disorder that could prevent the applicant or holder from reacting effectively while performing pilotage duties;

  • (c) a disorder that could prevent the applicant or holder from having the strength, agility or ability necessary for performing pilotage duties in all weather and sea conditions likely to be encountered while performing pilotage duties;

  • (d) a disorder that could prevent the applicant or holder from speaking in a clear and prompt manner while performing pilotage duties;

  • (e) a condition that could endanger others, taking into account the duration of pilotage duties and the conditions on board ship;

  • (f) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or

  • (g) an active psychiatric disorder, including drug or alcohol dependence or abuse.

• (2) The designated physician shall

  • (a) examine the applicant or holder against the physical requirements set out for all seafarers and those set out for deck department personnel in section 6 of TP 11343;

  • (b) test the vision and hearing of the applicant or holder in accordance with section 7 of TP 11343; and

  • (c) take into account in conducting the examination the recommendations and factors set out in section 5 of TP 11343.

Medical Reports

• 4 (1) A designated physician shall, after completing the medical examination of an applicant or holder, issue a medical report to the Authority.

• (2) The designated physician shall set out in the medical report an assessment of the applicant or holder as

  • (a) unfit for pilotage duties;

  • (b) fit for pilotage duties with limitations; or

  • (c) fit for pilotage duties without limitations.

• (3) A designated physician who assesses an applicant or holder as fit for pilotage duties with limitations shall state those limitations in the medical report.

Validity of Medical Reports

• 5 (1) Except if a re-examination is required under section 6 and subject to subsection (2), a medical report remains in force for one year beginning on the day of its issuance.

• (2) A physician may, taking into account the state of health of the applicant or holder examined in relation to pilotage duties, issue a medical report that specifies a shorter period of validity than the period prescribed in subsection (1).

Re-examination

• 6 (1) An Authority may at any time require a medical re-examination if

  • (a) the Authority has reasonable grounds to believe that the state of health of the applicant or holder may constitute a risk to the safety of the ship or of persons on board the ship; or

  • (b) the applicant or holder requests it.

• (2) An applicant or holder who has reasonable grounds to believe that the applicant or holder no longer meets the medical requirements referred to in paragraph 2(3)(a) or 3(2)(a) shall immediately inform the Authority and request a medical re-examination.

Disagreement with a Medical Report

• 7 (1) An applicant or holder who disagrees with the medical report may, within 15 days after being informed of its content, make a request in writing to the Authority to submit to a medical examination by a physician chosen by the applicant or holder.

• (2) The physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

• (3) If the physician disagrees with the assessment of the designated physician, the Authority shall, on the recommendation of both physicians, appoint a third physician to conduct a medical examination of the applicant or holder.

• (4) The appointed physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

• (5) The report of the appointed physician is final and binding on the Authority and the applicant or holder.

Aids to Vision and Hearing

8 A holder who is required to use an aid to vision or hearing to meet the requirements of TP 11343 shall, while performing pilotage duties,

• (a) use the aid;

• (b) in the case of an aid to vision, possess at least two of them; and

• (c) in the case of an aid to hearing, possess replacement batteries for it.

Navigational Qualifications

Ranking of Certificates

9 A requirement in these Regulations that a person hold a named certificate is satisfied if the person holds a certificate that entitles the holder to all the rights and privileges of the named certificate and is valid for use at sea.

Basic Certificate Qualifications

• 10 (1) An applicant who intends to perform pilotage duties in an area in the region of the Atlantic Pilotage Authority shall hold

  • (a) a master, intermediate voyage, certificate if the applicant is to perform pilotage duties in the compulsory pilotage area of

    • (i) St. John’s, Holyrood or Placentia Bay in Newfoundland,

    • (ii) Halifax or Cape Breton in Nova Scotia, or

    • (iii) Saint John in New Brunswick; or

  • (b) a master, intermediate voyage, certificate or a master, ship of not more than 350 tons, gross tonnage, or tug, local voyage, certificate if the applicant is to perform pilotage duties in any other area.

• (2) An applicant who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority shall hold

  • (a) a master, local voyage, certificate; or

  • (b) a first mate, intermediate voyage, certificate.

• (3) An applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority shall hold

  • (a) a master, intermediate voyage, certificate if the applicant is to perform pilotage duties in the compulsory pilotage area of the Port of Churchill, Manitoba; or

  • (b) a master, local voyage, certificate if the applicant is to perform pilotage duties in a compulsory pilotage area other than the Port of Churchill, Manitoba.

• (4) An applicant who intends to perform pilotage duties in an area in the region of the Pacific Pilotage Authority shall hold

  • (a) a master, intermediate voyage, certificate; or

  • (b) a master, ship of not more than 350 tons, gross tonnage, or tug, local voyage, certificate.

Radio and Bridge Qualifications

11 An applicant or holder shall

• (a) beginning on January 1, 2004, hold a Restricted Operator Certificate with Maritime Qualification; and

• (b) beginning on January 1, 2005, hold a certificate of attendance at a training program in bridge resource management recognized by the Authority as meeting the requirements of Part B of Chapter VIII of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended from time to time.

Experience at Sea Qualifications

• 12 (1) An applicant shall have the following sea service:

  • (a) subject to subsection (2), within the five years before the date of the application, sea service on board ships engaged on voyages in the area in which the applicant intends to perform pilotage duties that would give the applicant a general knowledge of that area; and

  • (b) at least 12 months as master of a ship or at least 24 months as deck watch officer of a ship.

• (2) In the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority, the sea service need not be in that area.

• (3) Subsection (1) does not apply in the case of an applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority if the applicant is the holder of a valid licence or pilotage certificate for another area in that region.

Form of Licences and Pilotage Certificates

• 13 (1) A licence shall be in Form 1 of Schedule 1.

• (2) A pilotage certificate shall be in Form 2 of Schedule 1.

Renewal of Photographs

• 14 (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the appropriate Authority the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm x 70 mm, that was taken within the previous six months.

• (2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the pilotage authority shall affix the photograph to the licence or pilotage certificate and return it to the holder.

PART 2Procedure at Hearings

Interpretation

15 In this Part, aggrieved person means an applicant or a holder or their representative who, under subsection 28(1) or (2) of the Act, is entitled to a reasonable opportunity to be heard.

Application

16 This Part applies in respect of hearings held by an Authority under section 28 of the Act.

Service of Documents

17 Subject to subsection 23(2), a document required to be served under this Part shall be served by

• (a) personal service;

• (b) registered mail; or

• (c) electronic means such as fax or E-mail sent to the address that is shown for the person to be served on the register kept by the Authority under section 32 of the Act or, if applicable, to the latest known address of the person whether it be their residence or place of business.

Notice Respecting Action Proposed by Authority

• 18 (1) Before refusing to issue a licence or pilotage certificate or before suspending or cancelling one, an Authority shall serve a notice in Form 1 of Schedule 2 on an aggrieved person.

• (2) The notice shall contain

  • (a) a statement of the action that the Authority proposes to take respecting the aggrieved person;

  • (b) a statement of the reasons for proposing to take the action, including whether the action is being taken because of the aggrieved person’s conduct or competency;

  • (c) if applicable, a statement that the Authority is satisfied that it would be in the public interest to hold a public hearing;

  • (d) a list of all the documents in the possession of the Authority respecting the proposed action;

  • (e) a statement that the Authority will give the aggrieved person a hearing if the person or the person’s representative, within five days after receiving the notice, serves a written request for a hearing on the Authority; and

  • (f) a statement that the aggrieved person may request that the hearing be a public hearing.

• (3) If the Authority proposes to take the action because of the conduct or competency of the aggrieved person, the notice shall contain all relevant information as to when and from whom the Authority obtained its information respecting the conduct or competency.

• (4) A copy of the notice shall be served on the Minister at the same time as it is served on the aggrieved person.

Notice of Hearing

• 19 (1) If within five days after receiving the notice prescribed under section 18 an aggrieved person serves a request for a hearing on the Authority, the Authority shall serve a notice of hearing in Form 2 of Schedule 2 on the aggrieved person.

• (2) The hearing shall not be held within the 10 days after the day on which the notice of hearing is served.

• (3) A copy of the notice shall be served on the Minister at the same time as it is served on the aggrieved person.

Failure to Appear

• 20 (1) Subject to subsection (2), if an aggrieved person does not appear at the time and place set out in the notice of hearing, the hearing is deemed to have been held and the Authority shall proceed with its proposed action.

• (2) If within five days after the time set for the hearing the aggrieved person demonstrates to the Authority that, by reason of exceptional circumstances beyond the person’s control, the person was unable to attend the hearing, the Authority shall serve a new notice in accordance with section 19.

Examination of Documents

21 An Authority shall, at the request of an aggrieved person, at least five days before the hearing and at the hearing, afford the aggrieved person the opportunity to examine every document in the possession of the Authority relating to the subject-matter of the hearing.

Witnesses

• 22 (1) An aggrieved person who wishes to have another person attend the hearing to give evidence or to produce documents or other relevant things shall, not less than five days before the day of the hearing, file the request with the Authority.

• (2) On receiving the request, the Authority shall notify the person

  • (a) to give evidence at the hearing; and

  • (b) to produce documents or other things at the hearing, if applicable.

• 23 (1) The Authority may issue a summons in Form 3 of Schedule 2 requiring a person to attend the hearing, to give evidence and to produce documents or things.

• (2) The summons shall be served personally on the person being summoned and shall specify the following amounts that shall be served together with the summons:

  • (a) a witness fee that does not exceed the amount to which the witness would be entitled under the Federal Court Rules; and

  • (b) reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater.

24 If the reason for the action that the Authority proposes to take is the conduct or competency of the aggrieved person, the Authority shall, at its own expense, require the attendance at the hearing of every person who made a report to the Authority respecting the conduct or competency of the aggrieved person.

Directions

25 The Authority may give directions as to the manner of holding a hearing to permit the aggrieved person the opportunity to present a full defence.

Adjournments

26 An Authority may adjourn a hearing by its own motion or if it is shown that the adjournment is required to permit a fair hearing to be held.

Decision after Hearing

27 Within 30 days after the end of a hearing, the Authority shall render its decision and shall without delay serve the decision and the reasons on the aggrieved person and the Minister.

Repeal

28 [Repeal]

Coming into Force

29 These Regulations come into force on the day on which they are registered.