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General Pilotage Regulations (SOR/2000-132)

Regulations are current to 2022-08-08 and last amended on 2022-05-20. Previous Versions

PART 2Pilotage Authority Regions (continued)

DIVISION 3Great Lakes Pilotage Authority Region (continued)

Interpretation (continued)

  •  (1) The following definitions apply in this Division.

    Board of Examiners

    Board of Examiners means a Board of Examiners established under section 24.21. (jury d’examen)

    deck watch officer

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

  • (2) In this Division, the length of a ship refers to the distance in metres between the fore and aft extremities of the ship.

  • (3) In this Division, the breadth of a ship refers to the maximum breadth distance in metres between the outside of the shell plating of the ship.

Compulsory Pilotage Areas

 The areas described in Schedule 4 are established as compulsory pilotage areas within the Great Lakes Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage

General

 The following ships are subject to compulsory pilotage:

  • (a) a ship of more than 1,500 gross tonnage; and

  • (b) a ship that is not registered in Canada and is more than 35 m in length.

Ferries
  •  (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a ferry that operates on a regular schedule.

  • (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

    • (a) the ship’s seaworthiness;

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

    • (c) conditions related to weather, currents or ice.

Tugs

 A ship that is not subject to compulsory pilotage under section 24.3 is subject to compulsory pilotage if the ship is a tug that

  • (a) is engaged in towing or pushing two or more ships and the combined length, including the length of any lines, is 80 m or more; or

  • (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1,500 or more.

  •  (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a tug that

    • (a) is not engaged in towing or pushing another ship or object;

    • (b) is engaged in towing or pushing a ship that is less than 80 m in length; or

    • (c) is engaged in towing or pushing a ship in a harbour.

  • (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of

    • (a) the ship’s seaworthiness;

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

    • (c) conditions related to weather, currents or ice.

Ships Under the Conduct of Masters or Deck Watch Officers Licensed in the United States

 A ship that is subject to compulsory pilotage under section 24.3 need not be under the conduct of a licensed pilot or pilotage certificate holder if the ship

  • (a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and

  • (b) is under the conduct of a master or deck watch officer who holds a certificate of competency or similar document issued pursuant to the laws of the United States that authorizes that person to have the conduct of the ship within the compulsory pilotage area in which the ship is navigating.

Waiver of Compulsory Pilotage

  •  (1) The Great Lakes Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

    • (a) the ship is in distress;

    • (b) the ship is proceeding to or assisting a ship in difficulty or in a position of danger;

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

    • (d) the ship is entering a compulsory pilotage area for the purpose of seeking refuge;

    • (e) the ship is in any compulsory pilotage area described in paragraph 1(e) of Schedule 4 and

      • (i) a licensed pilot or pilotage certificate holder for that area is on board and available on call, or

      • (ii) the master or deck watch officer of the ship is the holder of a pilotage certificate or of a similar document issued by an appropriate authority of the United States, and the certificate or document authorizes the master or deck watch officer to have the conduct of a ship within the area;

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

      • (i) the owner, agent or master of the ship has complied with section 24.11,

      • (ii) the owner, agent or master of the ship has provided notice to that Authority of the pilotage services to be performed, the limits of the area for which the waiver is requested, the immediate and ultimate destinations of the ship within the compulsory pilotage area, the name, nationality, length, breadth, deepest draft and gross tonnage of the ship and the nature of the cargo on board the ship,

      • (iii) the master of the ship is familiar with the route and any marine traffic control system in the compulsory pilotage area and is prepared to proceed without the services of a pilot, and

      • (iv) a person referred to in subparagraph (i) has provided to that Authority any other information required by it to ensure safe navigation;

    • (g) one or more licensed pilots refuse to perform the functions of a pilot for any reason other than the safety of the ship; or

    • (h) the ship is necessary for carrying out the following work or for any related operations and that Authority determines that the waiver will not impede safe navigation:

      • (i) dredging work, in which case the waiver applies only for the site specified in the waiver and for travelling to and from the port and spoil grounds within the distance specified in the waiver, or

      • (ii) underwater engineering work such as the construction, laying or maintenance of underwater pipelines or cables or other similar facilities.

  • (2) A waiver under paragraph (1)(h) is valid only if it is provided by the Great Lakes Pilotage Authority in writing and may be made subject to the condition that a licensed pilot be engaged for the overall supervision of the ships specified in the waiver, in which case the waiver does not apply unless a licensed pilot is so engaged.

United States Pilots

 If an individual is authorized by an appropriate authority of the United States to have the conduct of a ship in the United States waters of the Great Lakes, that individual may also pilot in the Canadian waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in Quebec, in accordance with paragraph 38.01(2)(c) of the Act.

Navigation in the Compulsory Pilotage Areas

 The Great Lakes Pilotage Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,

  • (a) the person in charge of the ship fails to

    • (i) provide safe boarding and disembarking facilities for a pilot,

    • (ii) provide adequate accommodation and meals to a pilot in any case when the pilot is required to be on board the ship for a period of more than three hours, or

    • (iii) sign the pilotage card supplied by that Authority to the pilot; or

  • (b) the owner, agent or master of the ship has not complied with section 24.11.

Notice of Requirement for a Pilot

  •  (1) The owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Great Lakes Pilotage Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time four hours before the pilot is so required.

  • (2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.

Exchange of Pilots at Iroquois Lock

  •  (1) A ship that is under the conduct of a licensed pilot and is transiting International District 1 shall exchange pilots at Iroquois Lock if,

    • (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or

    • (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes to transit from Cape Vincent to Crossover Island.

  • (2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.

Apprenticeship

  •  (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage.

  • (2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of a pilotage certificate holder for that area or a licensed pilot for that area, undertake shipboard pilotage training on

    • (a) a Canadian ship of more than 1,500 gross tonnage; or

    • (b) an arrangement of ships whose total gross tonnage is 1,500 or more.

Endorsements

  •  (1) A licence or pilotage certificate shall be endorsed in respect of any qualifications or conditions pertaining to its holder.

  • (2) Subject to any qualifications or conditions that are endorsed on it, a licence or pilotage certificate authorizes its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate.

Qualifications

Applicant for a Licence
  •  (1) An applicant for a licence shall

    • (a) have the experience at sea qualifications set out in section 12;

    • (b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties;

    • (c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

    • (d) hold training certificates showing that they have successfully completed

    • (e) demonstrate professional conduct;

    • (f) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and

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

  • (2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Great Lakes Pilotage Authority before taking the examination referred to in paragraph (1)(b).

  • (3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, in Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b).

  • (4) An applicant for a licence for the Cornwall District shall have a degree of proficiency in the French language sufficient to carry out their pilotage duties in that area.

Applicant for a Pilotage Certificate

 An applicant for a pilotage certificate shall

  • (a) have the experience at sea qualifications set out in section 12;

  • (b) have completed, within the three years immediately preceding the date of the application, at least 15 trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;

  • (c) either

    • (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties, or

    • (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program;

  • (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

  • (e) hold training certificates showing that the applicant has successfully completed

  • (f) demonstrate professional conduct;

  • (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and

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

 
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