General Pilotage Regulations (SOR/2000-132)

Urgent Circumstances

22.8 The Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

• (a) the ship is engaged in rescue operations;

• (b) the ship is entering a compulsory pilotage area for refuge;

• (c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or

• (d) the ship is in distress.

Unavailability of Pilots

• 22.9 (1) Subject to subsection (2), the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

  • (a) no licensed pilot is available to perform pilotage duties; or

  • (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

• (2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 22.13 to 22.15 and the application for waiver contains the following information:

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

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

  • (c) the nature of any cargo on board the ship;

  • (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and

  • (e) whether the master of the ship is prepared to proceed without the services of a pilot.

Extended Waivers

• 22.10 (1) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

  • (a) the ship is necessary for carrying out

    • (i) dredging work,

    • (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities,

    • (iii) underwater engineering work other than that referred to in subparagraph (i) or (ii),

    • (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or

    • (v) work related to any work or operations set out in subparagraphs (i) to (iv);

  • (b) the ship is engaged in salvage operations;

  • (c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or

  • (d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base.

• (2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

• (3) A waiver under this section shall be issued in writing.

• (4) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

Conditions and Rescissions

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

22.12 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

• 22.13 (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

22.14 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

• 22.15 (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).

22.16 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

• 22.17 (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

22.18 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

22.19 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

22.20 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

• 22.21 (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

• 22.22 (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.