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General Pilotage Regulations (SOR/2000-132)

Regulations are current to 2024-03-06 and last amended on 2022-05-20. Previous Versions

PART 1Licences and Pilotage Certificates — General (continued)

[
  • SOR/2022-114, s. 2
]

Navigational Qualifications (continued)

Basic Certificate of Competency Qualifications (continued)

 [Repealed, SOR/2012-80, s. 7]

Experience at Sea Qualifications

  •  (1) An applicant shall have accumulated the following sea service:

    • (a) subject to subsection (2), within the five years before the date of the application, sea service on board ships engaged on voyages in the area in which the applicant intends to perform pilotage duties that would give the applicant a general knowledge of that area; and

    • (b) at least 12 months as master of a ship or at least 24 months as the person in charge of the deck watch of a ship.

  • (2) In the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority or the Great Lakes Pilotage Authority, the accumulated sea service need not be in that area.

  • (3) Subsection (1) does not apply in the case of an applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority if the applicant is the holder of a valid licence or pilotage certificate for another area in that region.

  • (4) For the purposes of paragraph (1)(b), a person is in charge of the deck watch of a ship if the person has the immediate charge of the navigation, communications and safety of the ship and holds a certificate that authorizes him or her to do so.

  • SOR/2012-80, s. 8

Form of Licences and Pilotage Certificates

  •  (1) A licence shall be in Form 1 of Schedule 1.

  • (2) A pilotage certificate shall be in Form 2 of Schedule 1.

Renewal of Photographs

  •  (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the Minister the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm × 70 mm, that was taken within the previous six months.

  • (2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the Minister shall affix the photograph to the licence or pilotage certificate and return it to the holder.

[15 to 21 reserved]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

 [Reserved, SOR/2022-114, s. 6]

PART 2Pilotage Authority Regions

DIVISION 1Atlantic Pilotage Authority Region

Interpretation

 This Division sets out the provisions applicable to the Atlantic Pilotage Authority’s region that are in addition to the ones set out in Part 1.

 The following definitions apply in this Division.

Board of Examiners

Board of Examiners means the persons appointed under subsection 22.28(4) to conduct examinations for any class of licence or pilotage certificate. (jury d’examen)

movage

movage means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. (déplacement)

offshore supply vessel

offshore supply vessel means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations. (navire ravitailleur au large)

person in charge of the deck watch

person in charge of the deck watch means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes them to do so. (personne chargée du quart à la passerelle)

pilot dispatch office

pilot dispatch office means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners, published by the Canadian Coast Guard. (bureau d’affectation des pilotes)

Compulsory Pilotage Areas

 The areas described in Schedule 2 are established as compulsory pilotage areas within the Atlantic Pilotage Authority’s region.

Ships Subject to Compulsory Pilotage

  •  (1) The following ships and classes of ships are subject to compulsory pilotage within the areas referred to in section 22.2:

    • (a) ships registered in Canada of more than 1,500 gross tonnage;

    • (b) ships not registered in Canada, including floating cranes;

    • (c) oil rigs;

    • (d) any combination of tug and tow in which

      • (i) the combined gross tonnage exceeds 1,500, or

      • (ii) more than one unit is being towed and the combined gross tonnage exceeds 500;

    • (e) pleasure craft of more than 500 gross tonnage; and

    • (f) ferries that are entering or leaving a port that is not one of their regularly scheduled terminals.

  • (2) Despite subsection (1), the following ships and classes of ships are not subject to compulsory pilotage within the areas referred to in section 22.2:

    • (a) Canadian-government ships;

    • (b) ships registered in Canada that are employed in catching or processing fish or other living resources of the sea;

    • (c) Canadian-registered offshore supply vessels of 5,000 gross tonnage or less that have an operations base in a port located within one of the areas;

    • (d) ferries that are operating on a regular schedule between two terminals and that are crewed by masters and persons in charge of the deck watch who

    • (e) pleasure craft of 500 gross tonnage or less not registered in Canada; and

    • (f) tugs of 500 gross tonnage or less that are not registered in Canada and that are crewed by masters and persons in charge of the deck watch who

  • (3) Despite subsection (1), a ship that is 225.5 m (739.83 ft.) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part 3 of Schedule 2 (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

  • (4) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage within the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 if

    • (a) the ship or vessel, while within that compulsory pilotage area, is under the operational command of the Commander, Maritime Command, and has been under their operational command for the 30 days before the ship or vessel entered the compulsory pilotage area; and

    • (b) the Commander, Maritime Command, has notified the Atlantic Pilotage Authority in writing that the person who is, while the ship or vessel is within that compulsory pilotage area, the commanding officer of the ship or vessel has completed a program of training and familiarization with respect to that compulsory pilotage area that is equivalent to the program completed by officers commanding Canadian ships of war and vessels of war in that compulsory pilotage area.

  • (5) Despite subsection (1), a ship of war or vessel of war is not subject to compulsory pilotage while within the specified part of the Halifax compulsory pilotage area if the ship or vessel

    • (a) has a pilot employed by the Department of National Defence on board; and

    • (b) is made fast to and manoeuvred solely by tugs of the Government of Canada.

  • (6) For the purposes of subsection (5), the specified part in respect of the Halifax compulsory pilotage area is that part of the Halifax compulsory pilotage area described in section 2 of Part 3 of Schedule 2 that lies between a line commencing at a point at Latitude 44°39′15″N., Longitude 63°34′44″W., thence on a bearing of 063° (True) for a distance of 640 m, thence on a bearing of 335° (True) to shore, and a line commencing at a point at Latitude 44°39′50″N., Longitude 63°35′30″W., thence on a bearing of 063° (True) for a distance of 380 m, and thence on a bearing of 335° (True) to shore.

  • (7) Despite subsection (1), a ship that is less than 15,000 gross tonnage is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part 2 of Schedule 2 (Zone A, Outer).

  • (8) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 22.2 if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

    • (a) the seaworthiness of the ship;

    • (b) unusual conditions on board the ship;

    • (c) operations being conducted by the ship; or

    • (d) weather conditions, tides, currents or ice.

Extension of the Saint John Compulsory Pilotage Area for Tankers and Liquid Natural Gas Carriers

  •  (1) For the purposes of section 22.5, the following area within the region of the Atlantic Pilotage Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part 1 of Schedule 2 plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W.

  • (2) For the purposes of sections 22.5 and 22.6, Canaport marine facilities means the Canaport marine facilities — both offshore and onshore — at Mispec, in New Brunswick.

 A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities is subject to compulsory pilotage within the Saint John compulsory pilotage area.

  •  (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W.

  • (2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W.

Waiver of Compulsory Pilotage

Boarding Stations

 If a boarding station is within a compulsory pilotage area, the Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in either of the following circumstances:

  • (a) the ship is entering the compulsory pilotage area to embark a licensed pilot at the boarding station; or

  • (b) the ship is leaving the compulsory pilotage area after it has disembarked a licensed pilot at the boarding station.

Urgent Circumstances

 The Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

  • (a) the ship is engaged in rescue operations;

  • (b) the ship is entering a compulsory pilotage area for refuge;

  • (c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or

  • (d) the ship is in distress.

Unavailability of Pilots
  •  (1) Subject to subsection (2), the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

    • (a) no licensed pilot is available to perform pilotage duties; or

    • (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship.

  • (2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 22.13 to 22.15 and the application for waiver contains the following information:

    • (a) the name, nationality, call sign, draught and gross tonnage of the ship;

    • (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area;

    • (c) the nature of any cargo on board the ship;

    • (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and

    • (e) whether the master of the ship is prepared to proceed without the services of a pilot.

Extended Waivers
  •  (1) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

    • (a) the ship is necessary for carrying out

      • (i) dredging work,

      • (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities,

      • (iii) underwater engineering work other than that referred to in subparagraph (i) or (ii),

      • (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or

      • (v) work related to any work or operations set out in subparagraphs (i) to (iv);

    • (b) the ship is engaged in salvage operations;

    • (c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or

    • (d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base.

  • (2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

  • (3) A waiver under this section shall be issued in writing.

  • (4) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

 

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