Interpretation

1 The definitions in this section apply in these Regulations.

Authority

Authority means the Laurentian Pilotage Authority. (Administration)

berth

berth means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor. (poste)

breadth

breadth, in respect of a ship, means the maximum distance, in metres and centimetres, between the outside edges of the shell platings of the ship. (largeur)

Corporation

Corporation means a body corporate with which the Authority contracts pursuant to subsection 15(2) of the Pilotage Act for the services of licensed pilots in District No. 2. (Corporation)

dead ship

dead ship means a self-propelled ship that, because of a mechanical breakdown or other cause related to the operation of the ship, is under tow, but does not include a ship warped from one berth to another by means of mooring lines attached to a wharf, the shore or a mooring buoy, or a ship stopped on account of ice. (navire mort)

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)

depth

depth, in respect of a ship, means the vertical distance, in metres and centimetres, at amidships from the top of the keel plate to the uppermost continuous deck that extends fore and aft and to the sides of the ship. For the purposes of this definition, a tonnage opening, engine space or a step in the deck is not regarded as interrupting the continuity of the deck. (creux)

District

District means District No. 1, District No. 1-1 or District No. 2. (circonscription)

District No. 1

District No. 1 means all waters between the northern entrance to Saint-Lambert Lock and a line running across the St. Lawrence River at longitude 71°08′ W. (circonscription n^o 1)

District No. 1-1

District No. 1-1 means all waters between the northern entrance to Saint-Lambert Lock and a line running from east to west across the St. Lawrence River at the northernmost tip of Sainte-Thérèse Island. (circonscription n^o 1-1)

District No. 2

District No. 2 means all waters between a line running across the St. Lawrence River at longitude 71°20′ W and a line running across the St. Lawrence River bearing 121° (True) at latitude 48°20′48″ N and longitude 69°23′24″ W, including the Saguenay River. (circonscription n^o 2)

draught

draught means the greatest depth of the submerged part of a ship, in metres and centimetres, at the time pilotage services are performed. (tirant d’eau)

length

length, in respect of a ship, means the distance, in metres and centimetres, from the foremost to the aftermost point of the hull of a ship, excluding the bowsprit. (longueur)

movage

movage means the piloting of a ship within the geographical limits of a harbour set out in Schedule 1, whether the ship is moved from one berth to another or is returned to the same berth, but does not include

• (a) the manoeuvring of a ship that is leaving the wait wall at Saint-Lambert Lock to enter the lock or is leaving the lock, unless a pilot boards the ship for the purpose of carrying out the manoeuvre; or

• (b) the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, the shore or a mooring buoy, unless the services of a pilot are used at the request of the owner, master or agent of the ship. (déplacement)

pilot boarding station

pilot boarding station means a place where a pilot embarks or disembarks from a ship at Les Escoumins, Port Alfred, Chicoutimi, Québec, Trois-Rivières, Sorel-Tracy, Lanoraie or Montréal. (station d’embarquement de pilotes)

tariff length

tariff length, in respect of a ship, means the lesser of

• (a) the length, and

• (b) the breadth multiplied by 7.5. (longueur tarifaire)

time factor

time factor means the result obtained by multiplying the draught of a ship by the number of hours, or parts of an hour, during which the ship is underway under the conduct of a pilot, but does not include any period during which charges are payable pursuant to items 6 or 10 of Schedule 2. (facteur temps)

trip

trip means the piloting of a ship from one point to another within the region of the Authority, but does not include a movage, a docking or an undocking. (voyage)

unit

unit, in respect of a ship, means the result obtained by multiplying the tariff length of the ship by its breadth and depth, dividing by 850 and rounding to the nearest hundredth. (unité)

Pilotage Charges Generally

• 2 (1) A pilotage charge payable to the Authority for a pilotage service set out in column 1 of Schedule 2 that is provided in a district set out in column 2 of that Schedule is calculated based on the information provided on the pilotage service form under subsection 7(1) and is equal to the sum of the following:

  • (a) the basic charge set out in column 3,

  • (b) the charge per unit set out in column 4,

  • (c) the charge per time factor set out in column 5, and

  • (d) the number of chargeable hours of service multiplied by the charge per hour or part of an hour set out in column 6.

• (2) The pilotage charge is subject to the minimum charge set out in column 7 of Schedule 2 and the maximum charge in column 8.

• (3) Subject to subsections (4) to (6) and section 4, a pilotage charge is multiplied by the number of pilots assigned to perform the pilotage service.

• (4) A pilotage charge is determined on the basis of the services of a single pilot in respect of the following pilotage services:

  • (a) an anchoring;

  • (b) a movage;

  • (c) a docking; and

  • (d) an undocking.

• (5) A pilotage charge is determined on the basis of the services of a single pilot if a second pilot is assigned for the sole purpose of responding to one of the following circumstances:

  • (a) it is likely that the ship will be underway for more than 10 consecutive hours in District No. 1;

  • (b) it is likely that the ship will be underway for more than 11 consecutive hours in District No. 2; and

  • (c) the ship is underway in winter navigation conditions at any time during the period that starts on March 16 and ends on December 31.

• (6) A pilotage charge is determined on the basis of the services of a single pilot if

  • (a) a second pilot is assigned for the sole reason that the ship will likely be underway for more than 10 consecutive hours in District No. 2; and

  • (b) the second pilot is assigned to board the ship at any time during the period that starts at 21:00 and ends at 02:59.

3 A pilotage charge is adjusted in accordance with subsection 7(4) if there is a discrepancy between the information provided on a pilotage service form and the information contained in the documents listed in that subsection.

Pilotage Charges for Towing and Pushing Operations

• 4 (1) If a single tug tows or pushes one or more unmanned barges, scows or ships, pilotage charges are payable and are determined

  • (a) in respect of the tug, on the basis of the units of the tug; and

  • (b) in respect of each barge, scow and ship being towed or pushed, on the basis of the units of each barge, scow and ship.

• (2) If more than one tug is used to tow or push one or more unmanned barges, scows or ships, pilotage charges are payable and are determined

  • (a) in respect of the lead tug, on the basis of the units of that tug multiplied by the number of pilots on that tug;

  • (b) in respect of each assisting tug, on the basis of their units; and

  • (c) in respect of each barge, scow and ship being towed or pushed, on the basis of their units multiplied by the number of pilots on board each of them.

Pilotage Charges for Travel and other Expenses

5 If a pilot is required to embark or disembark a ship at a place other than a pilot boarding station, travel and other expenses reasonably incurred by the pilot are payable as a pilotage charge.

Pilotage Charges for the Use of Pilot Boats

• 6 (1) If a pilot boat that is owned by the Authority is used to embark or disembark a pilot at a pilot boarding station, a pilotage charge in an amount equal to the cost incurred by the Authority in providing the service is payable.

• (2) If a boat is hired by the Authority to serve as a pilot boat for embarking or disembarking a pilot, a pilotage charge in an amount equal to the cost incurred by the Authority in providing the service, including the cost of hiring the pilot boat, is payable.

Temporary Surcharge

6.1 A surcharge of 4.9 per cent is payable on each pilotage charge payable under section 2 for a pilotage service provided in District No. 1 until the proceeds of the surcharge total $4,316,000.

Pilotage Service Form

• 7 (1) With the assistance of the master or the deck watch officer of the ship, the pilot must complete the pilotage service form provided by the Authority.

• (2) The master or deck watch officer must sign the completed form, after which the form must not be altered.

• (3) The pilot must then sign the pilotage service form in the presence of the master or deck watch officer and deliver it to the Authority as soon as possible.

• (4) If a discrepancy occurs between the information provided on the pilotage service form and the information contained in the following documents, the particulars of a ship are those contained, in order of priority, in

  • (a) the official papers of the ship;

  • (b) the Register of Ships published by Lloyd’s Register of Shipping; or

  • (c) a publication by any classification society other than Lloyd’s Register of Shipping.

Trip Rules

• 8 (1) Subject to subsection (3), a trip begins from the time that a ship is underway and one of the following events occurs:

  • (a) the ship enters the region of the Authority after the pilot has embarked;

  • (b) the ship leaves a berth in a port or leaves a place within the region of the Authority after the pilot has embarked at the port or place, except if the ship is in transit and there is a change of pilot at Trois-Rivières;

  • (c) a pilot embarks to replace a pilot who has performed a movage;

  • (d) a pilot embarks to replace a pilot who has performed an undocking as a result of a request by a master, owner or agent of the ship for a pilot designated by the Corporation to perform an undocking;

  • (e) the ship leaves a wharf or pier to which it was secured in a harbour, or another ship to which it was secured, after the pilot referred to in paragraph (a) or (b) has embarked; or

  • (f) a trial trip ends.

• (2) Subject to subsection (3), a trip ends when one of the following events occurs:

  • (a) the ship enters Saint-Lambert Lock;

  • (b) the ship leaves the region of the Authority;

  • (c) the pilot referred to in paragraph (1)(a), (b), (c) or (d) leaves the ship, except if the ship is in transit and there is a change of pilot at Trois-Rivières;

  • (d) a pilot embarks a ship to perform a docking as a result of a request by a master, owner or agent of the ship for a pilot designated by the Corporation to perform the docking;

  • (e) the ship is secured at a wharf or pier in a harbour, unless the ship is secured at the wait wall at Saint-Lambert Lock;

  • (f) the ship is secured to another ship;

  • (g) the ship is anchored or is unable to move on account of ice while waiting for a berth within the limits of a harbour if the ship is later moved within the limits of the same harbour; or

  • (h) a trial trip begins.

• (3) A change of pilots at Trois-Rivières, or the anchoring or securing of the ship, on the pilot’s advice, at a wharf or pier at Trois-Rivières owing to navigational restrictions, does not have the effect of beginning or ending a trip.

Detention Rules

9 For the purposes of determining if a pilotage charge for the detention of a pilot, as described in item 6 of Schedule 2, is payable, a pilot is detained if

• (a) the pilot is waiting at a pilot boarding station because of a mechanical breakdown or another reason related to the operation of the ship; or

• (b) the pilot is on board a ship that is

  • (i) at anchorage, at a wharf or at a pier,

  • (ii) unable to move on account of ice or for any other reason,

  • (iii) compelled to remain stopped as a result of a mechanical breakdown, or

  • (iv) waiting for a berth at the end of a trip.

Repeal

10 [Repeal]

Coming into Force

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