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Version of document from 2015-01-01 to 2017-09-21:

Laurentian Pilotage Tariff Regulations

SOR/2001-84

PILOTAGE ACT

Registration 2001-02-15

Laurentian Pilotage Tariff Regulations

P.C. 2001-251 2001-02-15

Whereas the Laurentian Pilotage Authority, pursuant to subsection 34(1)Footnote a of the Pilotage Act, published in the Canada Gazette, Part I, on September 16, 2000, a copy of the proposed Laurentian Pilotage Tariff Regulations, substantially in the form set out in the annexed Regulations;

And whereas four notices of objection to the proposed Regulations were filed with the Canadian Transportation Agency pursuant to subsection 34(2)Footnote b of the Pilotage Act, and the Agency will make an investigation of the proposed charges in order to make its recommendation to the Laurentian Pilotage Authority pursuant to subsection 35(1)Footnote c of that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 33(1) of the Pilotage Act, hereby approves the annexed Laurentian Pilotage Tariff Regulations, made on December 22, 2000, by the Laurentian Pilotage Authority.

Interpretation

 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dead ship[Repealed, SOR/2014-52, s. 1]

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 no 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 no 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 no 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 in accordance with item 6 or 9 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)

  • SOR/2002-83, s. 1(F)
  • SOR/2003-9, s. 4
  • SOR/2014-52, s. 1

Pilotage Charges Generally

  •  (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 19:00 and ends at 00:59.

  • SOR/2003-9, ss. 2, 4
  • SOR/2003-360, s. 1
  • SOR/2007-253, s. 1
  • SOR/2009-169, s. 1

 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

  •  (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

 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

  •  (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.

Pleasure Craft Under Eight Units

 Except for those fixed under section 6, the pilotage charges payable for services rendered to a pleasure craft under eight units are reduced by 15%.

  • SOR/2005-162, s. 1
  • SOR/2009-169, s. 2

Pilotage Service Form

  •  (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.

  • (3.1) The Authority may require that information with respect to pilotage services rendered be delivered exclusively by an electronic method of collection and transmission without signature.

  • (4) If a discrepancy occurs between the information provided on the pilotage service form or transmitted electronically 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.

  • SOR/2014-52, s. 2

Trip Rules

  •  (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; or

    • (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.

    • (f) [Repealed, SOR/2014-52, s. 3]

  • (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; or

    • (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.

    • (h) [Repealed, SOR/2014-52, s. 3]

  • (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.

  • SOR/2004-313, s. 1(F)
  • SOR/2014-52, s. 3

Detention Rules

  •  (1) 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.

  • (2) When the pilot is detained for more than one hour, the fees set out in item 6 of Schedule 2 for each subsequent hour are reduced by half if the detention is caused by a berthing, an anchoring, ice conditions that force the ship to stop, weather conditions, a change in the expected time of arrival of the ship, delays associated with pilot boat services, a shortage of pilots, delays at dock or at anchor as a result of maritime traffic management by the competent authorities, or the grounding of the ship.

  • SOR/2003-9, s. 4
  • SOR/2014-52, s. 4

Repeal

 [Repeal]

Coming into Force

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

SCHEDULE 1(Section 1)Harbours and Their Geographic Limits

  • 1 For the purposes of the definition of movage in section 1 of these Regulations, the harbours and their geographical limits are as follows:

    • (a) Bécancour

      All waters located within the following boundaries: latitude 46°24′01″ N and longitude 72°22′46″ W; latitude 46°24′18″ N and longitude 72°23′51″ W; latitude 46°25′04″ N and longitude 72°22′29″ W; and latitude 46°24′07″ N and longitude 72°22′27″ W;

    • (b) Chicoutimi

      All waters located westerly of a line bearing 011° (true) and running across the Saguenay River at latitude 48°22′59″ N, longitude 70°45′00″ W;

    • (c) Contrecoeur

      All waters located within the following boundaries: latitude 45°49′36″ N and longitude 73°17′16″ W; latitude 45°49′48″ N and longitude 73°17′34″ W; latitude 45°50′30″ N and longitude 73°16′45″ W; and latitude 45°50′18″ N and longitude 73°16′27″ W;

    • (d) Gros-Cacouna

      All waters located within the following boundaries: latitude 47°52′28″ N and longitude 69°32′58″ W; latitude 47°53′16″ N and longitude 69°35′42″ W; latitude 47°59′42″ N and longitude 69°31′58″ W; and latitude 47°57′32″ N and longitude 69°27′06″ W;

    • (e) La Baie

      All waters located westerly of a line bearing 315° (true) running across the Saguenay River at latitude 48°20′58″ N, longitude 70°42′06″ W;

    • (f) Montréal

      All waters between the northern entrance to Saint-Lambert Lock and a line running east and west across the St. Lawrence River at the northernmost tip of Sainte-Thérèse Island;

    • (g) Pointe-au-Pic

      All waters located within the following boundaries: latitude 47°40′36″ N and longitude 70°03′45″ W; latitude 47°40′00″ N and longitude 70°02′36″ W; latitude 47°35′00″ N and longitude 70°08′17″ W; and latitude 47°35′56″ N and longitude 70°10′06″ W;

    • (h) Québec

      All waters located between a line running across the St. Lawrence River bearing 345° (true) at latitude 46°43′40″ N, longitude 71°20′08″ W and a line running across the St. Lawrence River bearing 350° (true) at latitude 46°49′42″ N, longitude 71°07′48″ W;

    • (i) Rivière-du-Loup

      All waters located within the following boundaries: latitude 47°46′02″ N and longitude 69°36′40″ W; latitude 47°46′48″ N and longitude 69°39′25″ W; latitude 47°52′16″ N and longitude 69°35′42″ W, and latitude 47°52′28″ N and longitude 69°32′58″ W;

    • (j) Sorel-Tracy

      All waters located between a line running across the St. Lawrence River bearing 285° (true) at latitude 45°08′00″ N, longitude 73°11′30″ W and a line running across the St. Lawrence River bearing 317° (true) at latitude 46°06′55″ N, longitude 72°57′09″ W; and

    • (k) Trois-Rivières

      All waters located between a line running across the St. Lawrence River bearing 333° (true) at latitude 46°17′06″ N, longitude 72°35′06″ W and a line running across the St. Lawrence River bearing 352° (true) at latitude 46°22′35″ N, longitude 72°26′21″ W.

SCHEDULE 2(Sections 1, 2 and 9)

Pilotage Charges

Column 1Column 2Column 3Column 4Column 5Column 6Column 7Column 8
ItemPilotage ServiceDistrictBasic Charge ($)Charge per Unit ($)Charge per Time Factor ($)Charge per Hour or Part of an Hour ($)Minimum Charge ($)Maximum Charge ($)
1Trip1N/A43.7821.54N/A2,240.04N/A
2N/A26.3815.19N/A1,764.14N/A
2Movage1503.9216.60N/AN/A2,240.04N/A
1-1463.6915.27N/AN/A2,061.20N/A
2479.9215.80N/AN/A2,133.37N/A
3Anchorage during a trip or a movage1389.664.19N/AN/AN/AN/A
1-1358.543.86N/AN/AN/AN/A
2371.114.01N/AN/AN/AN/A
4Docking of a ship at a wharf or pier at the end of a trip1298.253.08N/AN/AN/A579.89
2284.042.93N/AN/AN/A552.28
5Request by a master, owner or agent of a ship for a pilot designated by the Corporation to perform a docking or undocking1479.9210.85N/AN/A1,764.14N/A
2479.9210.85N/AN/A1,764.14N/A
6Detention of a pilot at a pilot boarding station or on board ship1N/AN/AN/A0.00 for the first half-hour, 116.24 for the first hour, including the first half-hour, and 232.48 for each subsequent hourN/AN/A
1-1N/AN/AN/A0.00 for the first half-hour, 106.95 for the first hour, including the first half-hour, and 213.90 for each subsequent hourN/AN/A
2N/AN/AN/A0.00 for the first half-hour, 110.68 for the first hour, including the first half-hour, and 221.36 for each subsequent hourN/AN/A
7Compass adjustment by pilot1503.9216.60N/AN/AN/AN/A
1-1463.6915.27N/AN/AN/AN/A
2479.9215.80N/AN/AN/AN/A
8Cancellation of a request for pilotage services if the pilot reports for pilotage duty1625.15N/AN/A0.00 for the first hour, 232.47 for the second hour, including the first hour, and 116.24 for each subsequent hourFootnote for Pilotage Charges1N/AN/A
1-1575.24N/AN/A0.00 for the first hour, 213.88 for the second hour, including the first hour, and 106.94 for each subsequent hourFootnote for Pilotage Charges1N/AN/A
2595.37N/AN/A0.00 for the first hour, 221.35 for the second hour, including the first hour, and 110.68 for each subsequent hourFootnote for Pilotage Charges1N/AN/A
9Carrying a pilot on a ship beyond the district for which the pilot is licensed1N/AN/AN/A116.24N/AN/A
1-1N/AN/AN/A106.95N/AN/A
2N/AN/AN/A110.68N/AN/A
10Except in the case of a pilot having to be relieved after an accident, a master, owner or agent of a ship, after filing a notice as required by section 8 or 9 of the Laurentian Pilotage Authority Regulations, making a request that the movage or departure occur at a time before that set out in the notice12,601.23N/AN/AN/AN/AN/A
1-12,393.56N/AN/AN/AN/AN/A
22,477.37N/AN/AN/AN/AN/A
  • Return to footnote 1The number of chargeable hours of service is calculated from the later of the time for which the pilotage services are requested and the time the pilot reports for pilotage duty until the time of cancellation.

  • SOR/2003-9, s. 3
  • SOR/2003-360, s. 2
  • SOR/2004-313, ss. 2, 3
  • SOR/2005-81, s. 1
  • SOR/2005-162, s. 2
  • SOR/2006-130, s. 1
  • SOR/2006-339, s. 1
  • SOR/2007-23, s. 1
  • SOR/2007-253, ss. 2 to 4
  • SOR/2009-169, ss. 3, 4
  • SOR/2010-295, ss. 1 to 3
  • SOR/2014-52, ss. 5, 6

SCHEDULE 3

[Repealed, SOR/2003-9, s. 3]

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