Atlantic Pilotage Authority Non-compulsory Area Regulations

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Atlantic Pilotage Authority Non-compulsory Area Regulations

SOR/86-1004PILOTAGE ACT
Registration 1986-09-25
Regulations Respecting the Establishment, Operation and Administration of Pilotage Services Within Certain of the Non-Compulsory Waters of the Atlantic Pilotage Authority Region
P.C. 1986-2226 1986-09-25Whereas pursuant to subsections 14(3) and 23(1) of the Pilotage ActFootnote *, a copy of the proposed Regulations respecting the establishment, operation and administration of pilotage services within certain of the non-compulsory waters of the Atlantic Pilotage Authority Region was published by the Atlantic Pilotage Authority in the Canada Gazette Part I on April 19, 1986;
And Whereas more than thirty days have expired from the date of publication and no notices of objection to the proposed Regulations were filed with the Minister of Transport or with the Canadian Transport Commission pursuant to subsection 14(4) or 23(2) of the Pilotage ActFootnote *.
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 14 and 22 of the Pilotage ActFootnote *, is pleased hereby to approve the annexed Regulations respecting the establishment, operation and administration of pilotage services within certain of the non-compulsory waters of the Atlantic Pilotage Authority Region made by the Atlantic Pilotage Authority on March 20, 1986.
Return to footnote *S.C. 1970-71-72, c. 52Short Title

1 These Regulations may be cited as the Atlantic Pilotage Authority Non-compulsory Area Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Pilotage Act; (Loi)
Authority
Authority means the Atlantic Pilotage Authority; (Administration)
Board of Examiners
Board of Examiners means the Board of Examiners referred to in section 8; (jury d’examen)
licence
licence means the licence referred to in subsection 5(1); (brevet)
non-compulsory waters
non-compulsory waters means waters in the region of the Authority that are not established as compulsory pilotage areas pursuant to the Atlantic Pilotage Authority Regulations; (eaux non obligatoires)
pilotage area
pilotage area[Repealed, SOR/2007-60, s. 1]

SOR/2007-60, s. 1.
Previous Version

Application

3 (1) Subject to subsection (2), these Regulations apply in respect of pilotage services in all non-compulsory waters.

(2) These Regulations do not apply to

(a) the non-compulsory waters in and around Newfoundland and Labrador, except for those waters adjacent to the Gulf of St. Lawrence;
(b) the non-compulsory waters in and around Nova Scotia southerly and south-westerly of Halifax;
(c) the non-compulsory waters of the Bay of Fundy and the waters contiguous to the Bay of Fundy;
(d) any voyage that takes place wholly in waters southerly or south-westerly of the outer approaches of Chedabucto Bay; and
(e) port or harbour areas.

Request for Pilotage Services

4 The owner, master or agent of a ship that requires the services of a pilot for pilotage in non-compulsory waters shall make a request in accordance with instructions set out in Notices to Mariners.

Preliminary Qualifications of Applicants for Licences in Non-compulsory Waters

5 (1) Subject to these Regulations, the Authority may issue a licence to a person to perform pilotage duties in non-compulsory waters.

(2) Subject to subsection (4), in order to qualify for the examination referred to in section 10, every applicant for a licence shall

(a) within 90 days prior to the date of examination, have been found medically fit to perform pilotage duties in accordance with the General Pilotage Regulations;
(b) be the holder of a certificate of competency at a level not lower than Master, Intermediate Voyage, unlimited as to tonnage, or an equivalent certificate as determined under the authority of the Canada Shipping Act;
(c) be the holder of a pilot’s licence for one or more of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority;
(d) be the holder of SEN I and SEN II Certificates or, within the three years prior to the day on which the licence is to be issued, have successfully completed both a SEN I course and a Radar Simulator course;
(e) be the holder of an ROC-MC Certificate or a GMDSS Certificate;
(f) have had sea service as master or deck watch officer on the bridge of a ship in non-compulsory waters, with experience navigating in ice; and
(g) pay the fees required by section 13.

(3) In order to become the holder of a licence, a person mentioned in subsection (4) need not meet the requirements set out in subsection (2).

(4) Every person who is the holder of a pilot’s licence for at least one of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority is qualified to be the holder of a licence if

(a) in accordance with the requirements of the General Pilotage Regulations, the person has been found medically fit to perform pilotage duties;
(b) within the last three years, the person has had sea service as a master or deck watch officer on the bridge of a ship or has performed the duties of a pilot on board a ship in non-compulsory waters;
(c) the person has up-to-date knowledge of the documents referred to in paragraph 6(c); and
(d) the person has paid the fees required by section 13.

SOR/2007-60, s. 2.
Previous Version

Navigational and Medical Qualifications

6 An applicant for a licence or the holder of a licence, during the time that he or she holds the licence, shall

(a) hold in a valid and subsisting condition every certificate or pilot’s licence that is required under section 5 to be held in order to obtain the licence;
(b) have local knowledge of non-compulsory waters, including knowledge of all tides, currents, depths of water, anchorages and aids to navigation;

(c) have up-to-date knowledge of the Joint Industry Coast Guard Guidelines for the Control of Oil Tankers and Bulk Chemical Containers in Ice Control Zones of Eastern Canada, the Notices to Mariners, the Notices to Shipping and the marine regulations that apply in non-compulsory waters, including

(i) the Collision Regulations,
(ii) the Eastern Canada Vessel Traffic Services Zone Regulations, and
(iii) the Act and any regulations made under the Act to the extent that they apply to pilotage;

(d) have a good record of ship handling in ice and in the performance of pilotage duties in non-compulsory waters

(i) in the case of an applicant for a licence, during the three year period immediately preceding the making of the application for the licence, and
(ii) in the case of the holder of a licence, at any time during an immediately preceding three year period; and

(e) meet the health qualifications set out in the General Pilotage Regulations.

SOR/2007-60, s. 3.
Previous Version

Documentation from Applicant

7 An applicant for a licence shall, not less than 10 days and not more than 60 days prior to the date of the examination referred to in section 10, provide the Authority with

(a) documents establishing that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;
(b) a birth certificate or other official document establishing the date and place of birth of the applicant;
(c) documents establishing the navigational qualifications of the applicant;
(d) a written report of the results of the medical examination referred to in section 6 of the General Pilotage Regulations; and
(e) two written references attesting to the good character of the applicant.

SOR/2007-60, s. 4.
Previous Version

Board of Examiners

8 A Board of Examiners shall be appointed by the Authority and shall consist of

(a) one representative of the Authority who is a certified master mariner and who shall be the Chairman of the Board of Examiners; and
(b) one pilot, licensed by the Authority, who has local knowledge of non-compulsory waters.
(c) and (d) [Repealed, SOR/2007-60, s. 5]

SOR/2007-60, s. 5.
Previous Version

Examinations

9 (1) Each person who is an applicant for a licence shall be examined in the manner set out in section 10.
(2) If the Authority has grounds to believe that a person who is a holder of a licence no longer meets the qualifications for the holder of a licence, the Authority may require that person to be examined in the manner set out in section 10.

(3) Subject to subsection (4), an applicant for a licence shall be given an opportunity to be examined by the Board of Examiners if the applicant meets the requirements of

(a) these Regulations, other than the examination referred to in section 10;
(b) the Atlantic Pilotage Authority Regulations, other than the examination referred to in section 19 of those Regulations; and
(c) the General Pilotage Regulations.

(4) The Authority shall

(a) if there is a need for the services of a greater number of licence holders than are available to provide pilotage services in the pilotage area, provide the Board of Examiners with

(i) the names of the applicants who, in accordance with the requirements of section 7, are eligible for examination, and
(ii) the documents and other written statements referred to in section 7 in respect of those applicants; and

(b) in the circumstances set out in subsection (2), provide the Board of Examiners with the names of the persons to be examined.

SOR/2007-60, ss. 6, 13(E).
Previous Version

10 (1) An examination conducted by the Board of Examiners shall consist of both oral and written parts and shall include questions relating to

(a) the matters, documents and other material referred to in paragraphs 6(b) and (c);
(b) the navigation and handling of ships under the various conditions that occur in non-compulsory waters;
(c) any marine regulations that apply to non-compulsory waters and to the ships that navigate in those waters; and
(d) any other matters that are relevant to a determination as to whether the candidate meets the requirements of these Regulations, the Atlantic Pilotage Authority Regulations and the General Pilotage Regulations.

(2) To pass the examination referred to in subsection (1), a candidate shall obtain an overall average of at least 70 per cent in the examination and an average of at least 60 per cent in each part thereof.

SOR/2007-60, s. 7.
Previous Version

11 The Chairman of the Board of Examiners shall report to the Authority the results of all examinations, including the names of all persons who passed the examinations and, subject to section 12, the Authority shall thereupon issue a licence to each of those persons.

Disqualification

12 (1) No person who is an applicant for a licence shall become the holder of a licence if, within one year before making the application for the licence:

(a) that person was convicted of an offence under the Act;
(b) a licence issued under the authority of the Act, other than a licence as defined in these Regulations and held by that person, was suspended under section 27 of the Act; or
(c) that person was convicted of an offence under paragraph 249(1)(b), paragraph 253(a) or (b) or subsection 259(4) of the Criminal Code.

(2) No person shall become the holder of a licence if that person, at any time, had a poor record in ship handling or in the performance of pilotage duties.

SOR/2007-60, s. 8.
Previous Version

Fees

13 Each applicant for or holder of a licence, as the case may be, shall pay to the Authority a fee as follows:

(a) for the assessment of an application and a review of the documents referred to in section 7, $150;
(b) for the examination referred to in section 10, $200; and
(c) for the issuance of a licence or for the replacement of a licence that has been lost or destroyed, $25.

Licences

14 (1) If the Authority issues a licence to a person under these Regulations, the Authority shall endorse the licence to show that it is issued in respect of non-compulsory waters.
(2) The holder of a licence that was issued under these Regulations may perform pilotage duties in non-compulsory waters.

SOR/2007-60, s. 9.
Previous Version

14.1 The holder of a licence that was issued under the Laurentian Pilotage Authority District No. 3 Regulations may perform pilotage duties in non-compulsory waters if

(a) the holder was examined in relation to non-compulsory waters;
(b) the licence was endorsed under the Laurentian Pilotage Authority District No. 3 Regulations for non-compulsory waters; and
(c) apart from having taken the examination referred to in section 10, the holder meets all the requirements of these Regulations.

SOR/2007-60, s. 9.

Ship Casualty

15 (1) Every holder of a licence who performs pilotage duties on a ship shall immediately, by the fastest available means, report to the Authority and to the Regional Director, Marine Safety, Department of Transport, all known details, including any pollution to the environment or any threat of such pollution, of any incident described in paragraphs (a) or (b) if the ship

(a) causes loss or damage to another ship or other property; or
(b) is damaged, stranded, lost or abandoned or is involved in an incident that directly or indirectly may cause damage to or pollution of the environment.

(2) If the report referred to in subsection (1) is not made in writing, the holder of the licence shall, within 72 hours after the time of that report, make a written report of the same matters to the Authority and to the Regional Director, Marine Safety, Department of Transport.

SOR/2007-60, ss. 10, 13(E).
Previous Version

Tariffs

16 (1) For the purposes of this section,

breadth of the ship
breadth of the ship means the maximum breadth, measured in metres and centimetres, between the outside of the shell plating of the hull of a ship; (largeur du navire)
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)
pilotage unit
pilotage unit means the quotient, rounded to the nearest hundredth, obtained by multiplying the squared breadth of the ship by the draught and dividing the product by 100; (unité de pilotage)
time factor
time factor means the product obtained by multiplying the draught of the ship by the number of hours or portion thereof during which the ship is underway with a licensed pilot on board, but does not include any time during which the ship is beset with or is compelled to remain stopped on account of ice. (facteur de temps)

(2) Subject to subsections (3) to (5), the pilotage charge for a trip in non-compulsory waters is $8.71 per pilotage unit and $4.4105 per time factor.
(3) Subject to subsection (4), the minimum pilotage charge is $533 for each 24-hour period or part thereof in respect of the duration of a trip and the maximum pilotage charge is $3200 for the first 60-hour period.
(4) For each hour or part thereof in excess of the 60-hour period referred to in subsection (3), a charge of $48 is payable.
(5) During the time a ship is beset with or is compelled to remain stopped on account of ice, the pilotage charge is $36 per hour or part thereof to a maximum of 12 hours in any 24-hour period.

SOR/2007-60, s. 11.
Previous Version

17 (1) If a pilot boat is used to embark or disembark a pilot, a pilotage charge is payable to the Authority in an amount equal to the basic charge prescribed by the Atlantic Pilotage Tariff Regulations in respect of the relevant port for a trip in the non-compulsory waters or, if the pilot embarks or disembarks at a pilot boarding station for a compulsory pilotage area or for a non-compulsory port area of the Authority, in an amount equal to the basic charge for that particular area.
(2) If a boat, other than a pilot boat, is used to embark or disembark a pilot in the waters of the Authority, a pilotage charge is payable to the Authority in an amount equal to the fee for the hire of the boat.
(3) All reasonable travel and associated expenses that are incurred by the pilot and that are directly associated with the performance of pilotage duties under these Regulations are payable to the Authority as a pilotage charge.
(4) For the purposes of this section, pilot boat means a boat owned, operated or chartered by the Authority but does not include a vessel that is used temporarily as a boat or tug.

SOR/2007-60, s. 13(E).
Previous Version

18 If any conflict exists between these Regulations and the General Pilotage Regulations or the Atlantic Pilotage Authority Regulations, these Regulations shall prevail to the extent of the conflict.
SOR/2007-60, s. 12.
Previous Version