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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

PART 2Pilotage Authority Regions (continued)

DIVISION 1Atlantic Pilotage Authority Region (continued)

Waiver of Compulsory Pilotage (continued)

Conditions and Rescissions

 The Atlantic Pilotage Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation.

 The Atlantic Pilotage Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if

  • (a) a condition of the waiver is not met; or

  • (b) the operations of the ship impede safe navigation.

Notices to Obtain Pilots — Arrivals

  •  (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall,

    • (a) at least 12 hours before the estimated time of arrival of the ship, give a notice of the estimated time (Greenwich Mean Time) of arrival of the ship; and

    • (b) in the time set out by the Atlantic Pilotage Authority in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard for the particular compulsory pilotage area concerned, give a notice confirming or correcting the estimated time of arrival.

  • (2) The notice required under paragraph (1)(a) shall be given

    • (a) by calling the pilot dispatch office; or

    • (b) by calling a Canadian Coast Guard radio station to request that the notice be relayed to the pilot dispatch office.

Notices to Obtain Pilots — Departures and Movages

 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Atlantic Pilotage Authority for that area in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship.

Required Information

  •  (1) In giving the notice required under paragraph 22.13(1)(a), the owner, master or agent of the ship shall state

    • (a) the name, nationality, call sign, draught and registered gross tonnage of the ship; and

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

  • (2) Where the ship has on board a pilotage certificate holder who is certified for the compulsory pilotage area through which the ship is to sail, a notice required under section 22.13 or 22.14 shall state

    • (a) the name of the pilotage certificate holder and the certificate number; and

    • (b) the information required under paragraphs (1)(a) and (b).

 The Atlantic Pilotage Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 22.13 to 22.15.

Classes of Licences and Pilotage Certificates

  •  (1) The Minister may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates.

  • (2) The holder of a licence or pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Minister.

  • (3) The Minister may endorse any gross tonnage limit over 40,000 on a Class A licence or Class A pilotage certificate.

  • (4) The Minister may endorse a gross tonnage limit not to exceed 40,000 on a Class B licence or Class B pilotage certificate.

  • (5) The Minister may endorse a gross tonnage limit not to exceed 10,000 on a Class C licence or Class C pilotage certificate.

Apprentice Permits

 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size.

Endorsements

 A licence or pilotage certificate that is issued by the Minister for a compulsory pilotage area and that has the name of that area endorsed on it authorizes its holder to perform pilotage duties only in that area.

Pilotage Certificates

 The Minister shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is authorized to perform pilotage duties.

Qualifications

General Qualifications
  •  (1) In addition to meeting the navigational and health qualifications set out in Part 1, an applicant for a licence or pilotage certificate shall

    • (a) hold a Restricted Operator’s Certificate (ROC-MC);

    • (b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications;

    • (c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements set out in Part 1;

    • (d) have a degree of proficiency in the English language sufficient to carry out their pilotage duties;

    • (e) have local knowledge of each pilotage area in which they intend to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation;

    • (f) have knowledge of harbour and other marine regulations that apply in each pilotage area in which they intend to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations, the Act and the regulations made under it; and

    • (g) have a record of safe ship handling and navigation.

  • (2) The holder of a licence or pilotage certificate shall

    • (a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications;

    • (b) continue to meet the qualifications set out in paragraphs (1)(d) to (g); and

    • (c) continue to hold every certificate that they were required to hold in order to obtain the licence or pilotage certificate.

Experience at Sea — Applicants
  •  (1) In addition to meeting the experience at sea qualifications set out in Part 1, an applicant for a licence or pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application, have either

    • (a) served on voyages in the compulsory pilotage area for

      • (i) at least 18 months as master,

      • (ii) at least one year as the person in charge of the deck watch and at least one year as master, or

      • (iii) at least three years as the person in charge of the deck watch; or

    • (b) completed in the compulsory pilotage area

      • (i) at least 30 one-way trips as master,

      • (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or

      • (iii) at least 60 one-way trips as the person in charge of the deck watch.

  • (2) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience.

  • (3) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a pilotage certificate for a compulsory pilotage area set out below may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience:

    • (a) the Miramichi or Restigouche compulsory pilotage area in New Brunswick;

    • (b) the Bay of Exploits, Voisey’s Bay, Humber Arm or Stephenville compulsory pilotage area in Newfoundland and Labrador; and

    • (c) the Pugwash compulsory pilotage area in Nova Scotia.

  •  (1) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship:

    • (a) the Saint John compulsory pilotage area in New Brunswick;

    • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

    • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

  • (2) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship.

  • (3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if

    • (a) the applicant submits the application within the six-month period after the day on which the area was established as a compulsory pilotage area; and

    • (b) the applicant provides the Board of Examiners with documents establishing that, within the five-year period before the day on which the area was established as a compulsory pilotage area, the applicant was in the area while being on the bridge of a ship that is subject to compulsory pilotage under section 22.3.

Experience at Sea — Holders
  •  (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

    • (a) the Saint John compulsory pilotage area in New Brunswick;

    • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

    • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

  • (2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

  • (3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if

    • (a) the Atlantic Pilotage Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the required number of trips within the period referred to;

    • (b) the holder successfully completes a familiarization program established by that Authority; and

    • (c) the holder demonstrates to that Authority that, within the period referred to, they have gained experience equivalent to the number of trips required for that area.

  •  (1) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

    • (a) the Saint John compulsory pilotage area in New Brunswick;

    • (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and

    • (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia.

  • (2) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

 The holder of a licence or pilotage certificate shall, on request, provide the Minister with documents confirming that the holder meets, as applicable, the requirements of sections 22.24 and 22.25.

Convictions under the Act or the Criminal Code

 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of their application to become a holder, they have been convicted of

  • (a) an offence under the Act;

  • (b) an offence under section 320.13 of the Criminal Code; or

  • (c) an offence under section 320.14 of the Criminal Code.

Examinations

  •  (1) For the purpose of determining whether an applicant for a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the applicant to a Board of Examiners for an examination.

  • (2) For the purpose of determining whether the holder of a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the holder to a Board of Examiners for an examination.

  • (3) Every examination shall be conducted at the time and place determined by the Minister and notice of the examination shall be communicated by the Minister to every applicant for a licence or pilotage certificate.

  • (4) Subject to subsection (5), a Board of Examiners shall be appointed by the Atlantic Pilotage Authority and shall consist of one representative of that Authority, who shall be the Chairperson of the Board, and of two pilots who are licensed for the compulsory pilotage area in question.

  • (5) The licensed pilots referred to in subsection (4) may be replaced as follows:

    • (a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, they may be replaced by a pilot who is knowledgeable about that area but is licensed for another compulsory pilotage area; and

    • (b) if a replacement examiner described in paragraph (a) is unavailable, they may be replaced by a pilot who is knowledgeable about a compulsory pilotage area that has similar navigational characteristics to the compulsory pilotage area in question but is licensed for another compulsory pilotage area.

  • (6) The Atlantic Pilotage Authority may appoint a person as an observer who is knowledgeable about each pilotage area where the applicant for or holder of a licence or pilotage certificate is to perform pilotage duties to observe the conduct of any examination by the Board of Examiners and that person may, following the examination, file with the Chairperson of that Authority a written report on the conduct of the examination.

 
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