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Laurentian Pilotage Authority Regulations (C.R.C., c. 1268)

Regulations are current to 2024-03-06 and last amended on 2018-04-23. Previous Versions

Qualifications for Holders of Pilotage Certificates for All Districts (continued)

 Where sea service, trips or movages are required by section 22, any such service, trip or movage, as the case may be, shall be or have been effected on board a ship of a size that is subject to compulsory pilotage.

General Requirements for Applicants and Holders

 No person shall become the holder of a licence or pilotage certificate if

  • (a) within one year of his application therefor,

    • (i) he was convicted of an offence under the Act,

    • (ii) any licence or pilotage certificate previously held by the person was suspended pursuant to section 27 of the Act, or

    • (iii) the person was convicted of an offence under paragraph 249(1)(b) or 251(1)(a) or section 253 of the Criminal Code; or

  • (b) in the opinion of the Authority, he had an adverse record in ship handling and the performance of pilotage duties.

  • SOR/92-680, s. 3
  •  (1) Every holder of a licence or pilotage certificate shall

    • (a) hold in a valid and subsisting condition every certificate that he was required to hold to obtain the licence or pilotage certificate;

    • (b) remain medically fit so as to meet the medical examination requirements set out in the General Pilotage Regulations;

    • (c) have local knowledge of the district in respect of which he obtained the licence or pilotage certificate, including knowledge of tides, currents, depths of water, anchorages and aids to navigation;

    • (d) have up-to-date knowledge of the harbour and other marine regulations that apply in the district in respect of which he obtained the licence or pilotage certificate, including knowledge of

      in so far as they apply in that district; and

    • (e) have a good record in ship handling and the performance of pilotage duties.

    • (f) [Repealed, SOR/2008-80, s. 4]

  • (2) In addition to the qualifications required by subsection (1), a holder of a licence or pilotage certificate shall,

    • (a) if the holder’s licence or pilotage certificate was issued in respect of District No. 1-1, pilot each year at least eight movages in that district;

    • (b) if the holder’s licence or pilotage certificate was issued in respect of District No. 1 or District No. 2, pilot each year at least eight one-way trips during the period commencing on April 1 and ending on December 14, and subject to section 17, two one-way trips during the period commencing on December 15 in a year and ending on March 31 in the next year, in the District; and

    • (c) on request, provide the Authority with evidence that the holder has complied with the requirements of paragraph (a) or (b).

  • SOR/92-680, s. 4
  • SOR/2002-346, s. 11
  • SOR/2008-80, s. 4

Notices for the Recruiting of Apprentices

 When recruiting apprentices for a particular district, the Authority shall publish, not less than 30 days before the deadline for receiving applications, on their Internet site or in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentices that are needed for the district and the date by which the applications must be received.

  • SOR/89-567, s. 4
  • SOR/92-680, s. 5
  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 5

Qualifications — Apprentices — District No. 1-1

 To obtain a Class D apprentice pilot permit for District No. 1-1, an applicant shall

  • (a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice effectively in English and French;

  • (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

  • (c) be the holder of a certificate of competency for Master Mariner or Master, Near Coastal;

  • (d) have served on board a ship that is over 70 m in length or over 2 000 tons gross tonnage and have accumulated on board such a ship the sea service required under section 12 of the General Pilotage Regulations;

  • (e) have experience navigating in ice; and

  • (f) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology and ice navigation on the St. Lawrence River.

  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 6
  • SOR/2018-78, s. 3

Qualifications — Apprentices — District No. 1 and District No. 2

 To obtain a Class D apprentice pilot permit for District No. 1 or District No. 2, an applicant shall

  • (a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice effectively in English and French;

  • (b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

  • (c) either

    • (i) provide an attestation establishing that the applicant has successfully completed, at a recognized institution in Canada, an approved cadet training program in navigation listed in the document entitled Approved Training Courses (TP 10655), published by the Department of Transport, as amended from time to time, or

    • (ii) have served as a master of a ship that is over 70 m in length or over 2 000 tons gross tonnage for at least 18 months during the 60 months before the day on which the application is made;

  • (d) be the holder of a certificate of competency for Master Mariner or Master, Near Coastal, have served on board a ship that is over 70 m in length or over 2 000 tons gross tonnage and have accumulated on board such a ship the sea service required under section 12 of the General Pilotage Regulations; and

  • (e) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides.

  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 7
  • SOR/2018-78, s. 4

Required Documents — Apprentices

 An applicant for a Class D apprentice pilot permit shall, when making the application, provide the Authority with true copies of the following:

  • (a) documents that establish that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;

  • (b) the applicant’s birth certificate or other official document showing the date and place of birth of the applicant;

  • (c) diplomas and navigational certificates as well as documents that establish that the sea service requirements of these Regulations have been met;

  • (d) the medical report required under the General Pilotage Regulations; and

  • (e) either

    • (i) a letter of recommendation

      • (A) from the applicant’s most recent employer, or

      • (B) from each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years, or

    • (ii) the applicant’s testimonials of sea service prepared in accordance with the requirements of the Marine Personnel Regulations for the two years preceding the date of the application.

  • SOR/2002-346, s. 12
  • SOR/2018-78, s. 5

Qualifications — Applicants Who Hold a Pilotage Certificate

  •  (1) An applicant for a Class D apprentice pilot permit for District No. 1-1 who holds a pilotage certificate for that district is exempt from the requirements of paragraphs 26.1(a), (b) and (f) and 26.3(a) and (b).

  • (2) An applicant for a Class D apprentice pilot permit for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, is exempted from the requirements of paragraphs 26.2(a) to (c) and (e) and 26.3(a) and (b).

  • (3) Despite paragraph 20(3)(c), an applicant for a Class C licence for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, shall have served at least 12 months as an apprentice and holder of a Class D apprentice pilot permit in the appropriate District.

  • SOR/2008-80, s. 8

 [Repealed, SOR/2008-80, s. 9]

Assessment of Competencies

[
  • SOR/2008-80, s. 10
]
  •  (1) For the purpose of determining whether an applicant for a licence or pilotage certificate or the holder of a licence or pilotage certificate meets the requirements of these Regulations and the General Pilotage Regulations, the Authority shall assess each application for a licence or pilotage certificate and the record of each holder and shall provide the Board of Examiners with

    • (a) a list of applicants for a first licence or first pilotage certificate who meet the requirements of the General Pilotage Regulations and these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 21(1);

    • (b) a list of holders of a licence or pilotage certificate who are applying for another licence or pilotage certificate and who meet the requirements of the General Pilotage Regulations and these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 21(2); and

    • (c) a list of holders in respect of whom the Authority has reason to believe might not meet the requirements of paragraph 25(1)(c) or (d).

  • (2) Subject to subsection (7), the Board of Examiners shall

    • (a) conduct the examination referred to in subsection (2.1) or (3), as the case may be, of the applicants referred to in paragraph (1)(a);

    • (b) conduct an examination of the holders referred to in paragraph (1)(b) on their local knowledge of the district or part of the district where they are to pilot; and

    • (c) conduct an examination of the holders referred to in paragraph (1)(c) on the requirements of paragraphs 25(1)(c) or (d).

  • (2.1) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

  • (3) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

    • (a) a first written test on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides;

    • (b) subject to subsection (4), a second written test and an oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot; and

    • (c) a language test to demonstrate that the applicant is able to carry out the duties of a pilotage certificate holder effectively in English and French.

  • (4) An applicant must successfully complete the written tests before taking the oral test.

  • (5) To pass the examination, an applicant must

    • (a) obtain a mark of at least 70% on any written test; and

    • (b) obtain a mark of at least 70% on the oral test, by showing a knowledge of ship handling and local knowledge of the district or part of the district where the applicant is to pilot that will enable them to effectively and safely carry out the duties of a licensed pilot or pilotage certificate holder.

  • (5.1) An applicant who obtains a mark of less than 70% on the oral test shall repeat the written and oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

  • (6) Despite subsection (4), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (3)(a) and (b) if

    • (a) the applicant has attended the pilotage training program established by the Authority and given by the Institut maritime du Québec, described in the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport; and

    • (b) the applicant has successfully completed the tests prepared under the direction of an officer of the Authority in accordance with the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport.

  • (7) An applicant shall

    • (a) in the case of an applicant who takes the tests referred to in subsection (3) in two stages, successfully complete all the tests during the 30 months following the day on which the first written test was successfully completed;

    • (b) in the case of an applicant who takes the tests referred to in subsection (2.1) who attends the training referred to in paragraph (6)(a) and successfully completes the tests referred to in paragraph (6)(b), have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of a licence.

    • (c) in the case of an applicant who takes the tests referred to in subsection (2.1) in order to obtain a first licence for District No. 1 or District No. 2, have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of a licence; or

    • (d) in the case of an applicant who attends the pilotage training program referred to in paragraph (6)(a), have 30 months following the day on which the first test taken under paragraph (6)(b) was successfully completed to complete the training program and to successfully complete the remaining tests.

  • SOR/81-737, s. 1
  • SOR/89-567, s. 5
  • SOR/94-727, s. 2
  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 11
  • SOR/2018-78, s. 6
  •  (1) An applicant who fails one of the tests referred to in paragraphs 26.1(f) and 26.2(e) three times is no longer eligible to take those tests.

  • (2) An applicant who fails one or more of the tests referred to in subsection 28(2.1) three times is no longer eligible to take those tests.

  • (3) An applicant who fails the test referred to in paragraph 28(3)(a) three times is no longer eligible to take that test.

  • (4) An applicant who fails one or more of the tests referred to in paragraph 28(3)(b) three times is no longer eligible to take those tests.

  • (5) An applicant who has attended the pilotage training program referred to in paragraph 28(6)(a) and who fails one or more of the tests referred to in paragraph 28(6)(b) that assess mandatory skills for basic certification four times or who fails one or more of the tests referred to in paragraph 28(6)(b) that assess optional skills that can be added to a certificate twice is no longer eligible to take a test under the pilotage training program.

  • SOR/2002-346, s. 12
  • SOR/2008-80, s. 12
  • SOR/2018-78, s. 7
 

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