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General Pilotage Regulations (SOR/2000-132)

Regulations are current to 2022-06-20 and last amended on 2022-05-20. Previous Versions

General Pilotage Regulations

SOR/2000-132

PILOTAGE ACT

Registration 2000-03-30

General Pilotage Regulations

P.C. 2000-444  2000-03-30

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 52Footnote a of the Pilotage Act, hereby makes the annexed General Pilotage Regulations.

Interpretation

 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)

arrangement of ships

arrangement of ships means a number of ships travelling together that are joined by lines or other means. (ensemble de navires)

certificate

certificate[Repealed, SOR/2012-80, s. 1]

deck watch officer

deck watch officer[Repealed, SOR/2012-80, s. 1]

designated physician

designated physician means a physician who is

  • (a) knowledgeable about pilotage duties; and

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

gross tonnage

gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001. (jauge brute)

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)

pleasure craft

pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

TP 11343

TP 11343[Repealed, SOR/2012-80, s. 1]

PART 1Licences and Pilotage Certificates — General

[
  • SOR/2022-114, s. 2
]

Health Qualifications

Physical and Mental Fitness for Pilotage Duties

  •  (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, at least once every two years.

  • (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 standards referred to in subsection 3(2).

  • (4) Despite subsection (1), an applicant or holder shall undergo additional medical examinations if the designated physician requires the additional examinations in order to monitor the physical or mental fitness of the applicant or holder.

  • SOR/2002-314, s. 1(E)
  • SOR/2012-80, s. 2

Medical Examinations

  •  (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 conducting a medical examination shall

    • (a) take into account, when assessing an applicant or holder, the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations; and

    • (b) determine if the applicant or holder has depth perception.

  • SOR/2002-314, s. 2
  • SOR/2012-80, s. 3

Medical Reports

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

  • (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

  •  (1) Unless a re-examination is required under section 6, and subject to subsection (2), a medical report remains valid for a period of not more than two years 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).

  • SOR/2012-80, s. 4

Re-examination

  •  (1) The Minister may at any time require a medical re-examination if

    • (a) the Minister 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 they are no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Minister and request a medical re-examination.

Disagreement with a Medical Report

  •  (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 Minister 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 Minister shall, on the recommendation of both physicians, appoint a third physician to conduct a medical examination of the applicant or holder.

  • (4) The physician appointed by the Minister 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 Minister and the applicant or holder.

Aids to Vision and Hearing

 A holder who is required to use an aid to vision or hearing in order to meet the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations 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.

  • SOR/2012-80, s. 6

Navigational Qualifications

 [Repealed, SOR/2012-80, s. 7]

Basic Certificate of Competency Qualifications

  •  (1) An applicant who intends to perform pilotage duties in a compulsory pilotage area set out in column 1 of the table to this subsection shall hold the certificate of competency set out in column 2 or, if more than one certificate of competency is set out in that column, at least one of those certificates.

    TABLE

    ItemColumn 1Column 2
    Compulsory Pilotage AreaRequired Certificate of Competency
    Atlantic Pilotage Authority
    1The St. John’s compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    2The Holyrood compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    3The Placentia Bay compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    4The Voisey’s Bay compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    5The Bay of Exploits compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    6The Humber Arm compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    7The Stephenville compulsory pilotage area, in Newfoundland and Labrador
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    8The Halifax compulsory pilotage area, in Nova Scotia
    • Master Mariner
    • Master, Near Coastal
    9The Cape Breton compulsory pilotage area, in Nova Scotia
    • Master Mariner
    • Master, Near Coastal
    10The Pugwash compulsory pilotage area, in Nova Scotia
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    11The Saint John compulsory pilotage area, in New Brunswick
    • Master Mariner
    • Master, Near Coastal
    12The Miramichi compulsory pilotage area, in New Brunswick
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    13The Restigouche compulsory pilotage area, in New Brunswick
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    14The Charlottetown compulsory pilotage area, in Prince Edward Island
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    15The Confederation Bridge compulsory pilotage area, in Prince Edward Island
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    16Any compulsory pilotage area in the region of the Atlantic Pilotage Authority that is not set out in items 1 to 15
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    Laurentian Pilotage Authority
    17Any compulsory pilotage area in the region of the Laurentian Pilotage Authority
    • Master, Near Coastal
    Great Lakes Pilotage Authority
    18Any compulsory pilotage area in the region of the Great Lakes Pilotage Authority
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    • Chief Mate
    • Chief Mate, Near Coastal
    • Master 3 000 Gross Tonnage, Domestic
    Pacific Pilotage Authority
    19Any compulsory pilotage area in the region of the Pacific Pilotage Authority
    • Master Mariner
    • Master, Near Coastal
    • Master 3 000 Gross Tonnage, Near Coastal
    • Master 500 Gross Tonnage, Near Coastal
    • Chief Mate
    • Chief Mate, Near Coastal
    • Master 3 000 Gross Tonnage, Domestic
  • (2) [Repealed, SOR/2022-114, s. 5]

  • (3) Despite subsection (1), an applicant for a pilotage certificate who intends to perform pilotage duties in a compulsory pilotage area in the region of the Great Lakes Pilotage Authority may hold a Watchkeeping Mate certificate of competency or a Watchkeeping Mate, Near Coastal certificate of competency instead of a certificate of competency set out in column 2 of item 18 of the table to subsection (1).

 
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