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 number of metres, measured to the second decimal place, that represents the maximum distance between the outside edges of the shell platings of the ship. (largeur)

composite unit

composite unit means a ship consisting of a tug rigidly connected to the stern of a barge. (unité composite)

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dead ship[Repealed, SOR/2014-52, s. 1]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 number of metres, measured to the second decimal place, that represents the vertical distance 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, with the continuity of the deck not being considered to be interrupted by a tonnage opening, engine space or a step in 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, in respect of a ship, means the number of metres, measured to the second decimal place, that represents the greatest vertical distance, at the time pilotage services are performed, from the water surface to the most submerged part of a ship. (tirant d’eau)

length

length, in respect of a ship, means the number of metres, measured to the second decimal place, that represents the distance from the foremost to the aftermost point of the hull of a ship, excluding the bowsprit. (longueur)

movage

movage means the movement 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 to go to the wait wall, 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 if the warping is over a distance less than the length of the ship and the wharf between the two berths is straight, unless the services of a pilot are used. (déplacement)

pilot boarding station

pilot boarding station means a place where a pilot embarks or disembarks from a ship at Les Escoumins, Saguenay (La Baie, Quai Lepage and Port-Alfred), Saguenay (Chicoutimi and Grande-Anse), 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[Repealed, SOR/2018-52, s. 1]

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.

• (1.1) The units of a ship is the number obtained by multiplying the tariff length of the ship by its breadth and depth, dividing by 850 and rounding to the second decimal place.

• (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;

  • (d) an undocking; and

  • (e) a compass adjustment.

• (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, between the time the pilots embark and the time they disembark, the ship will be underway in District No. 1 for more than either 10 consecutive hours for trips starting between 05:00 and 19:59, or 8 consecutive hours for trips starting between 20:00 and 04:59;

  • (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.

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 is used, other than during a movage, to tow or push one or more uncrewed ships, pilotage charges are payable and are determined

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

  • (b) in respect of each of those ships, on the basis of its units.

• (2) If more than one tug is used, other than during a movage, to tow or push one or more uncrewed ships, pilotage charges are payable and are determined

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

  • (b) in respect of each of the other tugs, on the basis of its units; and

  • (c) in respect of each of those ships, on the basis of its units.

• (3) If one or more tugs are used, during a movage, to tow or push a ship, pilotage charges are payable and are determined on the basis of their units.

4.1 The units of a composite unit are determined

• (a) on the basis of the length of the composite unit, namely the number of metres, measured to the second decimal place, that represents the distance from the foremost point of the barge to the aftermost point of the tug with which it is connected;

• (b) on the basis of the breadth of the composite ship, namely the greater of the breadth of the barge and the breadth of the tug; and

• (c) on the basis of the depth of the composite ship, namely the greater of the depth of the barge and the depth of the tug.

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.

Pleasure Craft Under Eight Units

6.1 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%.

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.

• (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.

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 harbour or leaves a place within the region of the Authority after the pilot has embarked at the harbour or place, except if the ship is in transit and there is a change of pilot at Trois-Rivières, Sorel-Tracy or Montréal;

  • (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) the ship weighs anchor after having used Saguenay (La Baie, Quai Lepage and Port-Alfred) as a port of call, in the case of a passenger ship.

• (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, Sorel-Tracy or Montréal;

  • (d) a pilot embarks the 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) the ship uses Saguenay (La Baie, Quai Lepage and Port-Alfred) as a port of call, in the case of a passenger ship.

• (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 (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 whose services have been requested reports to the pilot boarding station and is delayed there; or

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

    • (i) at anchorage, or moored to a wharf, a pier, a mooring buoy or a berthed, anchored or grounded ship,

    • (i.1) in the Saint-Lambert Lock or moored to its approach wall,

    • (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 docking, 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, the delay of a replacement pilot, a shortage of pilots, delays at wharf or at anchor as a result of maritime traffic management by the competent authorities, or the grounding of the ship.

Repeal

10 [Repeal]

Coming into Force

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