Pilotage Act

Marginal note:Regulations

• 20 (1) An Authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objects, including, without restricting the generality of the foregoing, regulations

  • (a) establishing compulsory pilotage areas;

  • (b) prescribing the ships or classes of ships that are subject to compulsory pilotage;

  • (c) prescribing the circumstances under which compulsory pilotage may be waived;

  • (d) prescribing the notice, if any, to be given by a ship, of its estimated time of arrival in a compulsory pilotage area or its estimated time of departure from a place in a compulsory pilotage area and the manner of giving the notice;

  • (e) prescribing classes of licences and classes of pilotage certificates that may be issued;

  • (f) prescribing the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet, including the degree of local knowledge, skill, experience and proficiency in one or both of the official languages of Canada required, in addition to the minimum qualifications prescribed by the Governor in Council under section 52;

  • (g) prescribing the manner for determining whether a person who applies for a licence or pilotage certificate, or a licensed pilot or holder of a pilotage certificate, meets the qualifications prescribed under paragraph (f) for the class of licence or pilotage certificate applied for or held, as the case may be;

  • (h) prescribing the manner of issuing licences and pilotage certificates;

  • (i) setting the time and fixing the fee for any examination relating to the issue of a licence or pilotage certificate and the fee for issuing a licence or pilotage certificate;

  • (j) limiting the number of licences that may be issued for any compulsory pilotage area;

  • (k) prescribing the conditions, in addition to anything provided by subsection 25(1), under which a ship shall have a licensed pilot or holder of a pilotage certificate on board;

  • (l) prescribing the minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time; and

  • (m) prescribing the circumstances under which a licensed pilot or holder of a pilotage certificate shall be required to take further training to be enabled to meet any new qualifications prescribed under paragraph (f) since the pilot’s licence or the pilotage certificate was issued.

• Marginal note:United States pilots and waters

  (2) Where Canadian waters are contiguous with waters of the United States, an Authority may, with the approval of the Governor in Council, make regulations setting out the terms and conditions under which

  • (a) a pilot, or other person, authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and

  • (b) a licensed pilot or holder of a pilotage certificate may have the conduct of a ship in waters of the United States.

• Marginal note:Proposed regulations to be published

  (3) An Authority shall publish in the Canada Gazette a copy of each regulation that it proposes to make under paragraph (1)(a) or (f), and no such regulation shall be made by the Authority

  • (a) before the expiration of thirty days after the date of publication of the proposed regulation; or

  • (b) where a notice of objection is filed pursuant to subsection 21(1), before the objection is heard and an order is made by the Minister pursuant to subsection 21(4).