• 4.3 (1) A ship is not subject to compulsory pilotage under section 4 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.

4.4 A ship that is subject to compulsory pilotage under section 4 need not be under the conduct of a licensed pilot or the holder of a pilotage certificate 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.

4.5 Until December 31, 2012, a ship is not subject to compulsory pilotage under section 4 if the ship

• (a) has an inspection certificate issued by the Minister of Transport under section 10 of the Vessel Certificates Regulations;

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

• (c) is under the conduct of a master or deck watch officer who

  • (i) is a regular member of the complement of the ship,

  • (ii) holds an appropriate and valid certificate of competency issued by the Minister of Transport under the Canada Shipping Act or the Canada Shipping Act, 2001, and

  • (iii) has been certified within the preceding 12 months by the owner of the ship as having completed, within the three-years immediately preceding the date of the certificate, in the capacity of master or deck watch officer, not less than 10 one-way trips of the compulsory pilotage area in which the ship is navigating.

• 5. (1) The Authority may waive compulsory pilotage in respect of a ship if

  • (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 3(e) and

    • (i) a licensed pilot or the holder of a pilotage certificate 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 a similar document issued by an appropriate authority of the United States, which 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, namely,

    • (i) the owner, agent or master of the ship has complied with subsection 8(1),

    • (ii) the owner, agent or master of the ship has provided notice to the 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 registered 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 the 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 the Authority determines that the waiver will not impede safe navigation, namely,

    • (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 pipeline or cable or other similar facilities.

• (2) A waiver under paragraph (1)(h) is valid only if it is provided by the 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 the licensed pilot is so engaged.