Short Title

1 These Regulations may be cited as the Great Lakes Pilotage Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Pilotage Act; (Loi)

arrangement of ships

arrangement of ships means a number of ships travelling together that are joined by lines or other means; (ensemble de navires)

Authority

Authority means the Great Lakes Pilotage Authority; (Administration)

Board of Examiners

Board of Examiners means a Board of Examiners established pursuant to section 14; (jury d'examen)

breadth

breadth means, in respect of a ship, the maximum breadth in metres to the outside of the shell plating of the ship; (largeur)

Chairman

Chairman [Repealed, SOR/2004-215, s. 1]

deck watch officer

deck watch officer means a person who has the immediate charge of the navigation and security of a ship, but does not include a pilot; (officier de quart à la passerelle)

depth

depth means, in respect of a ship, the vertical distance in metres at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the sides of the ship and, for the purpose of this definition, the continuity of a deck is deemed not to be affected by the existence of tonnage openings, engine spaces or a step in the deck; (creux)

gross registered tons

gross registered tons[Repealed, SOR/2011-136, s. 1]

gross tonnage

gross tonnage has the meaning assigned by section 2 of the Canada Shipping Act, 2001; (jauge brute)

length

length means, in respect of a ship, the distance in metres between the fore and aft extremities of the ship; (longueur)

movage

movage means the shifting of a ship from one place to another within the confines of a port but does not include shifting carried out solely by means of a ship’s lines for the purpose of loading or unloading cargo or clearing berthing space for use by another ship; (déplacement)

region

region means the Great Lakes Pilotage Authority Region described in the schedule to the Act; (région)

supervisor

supervisor [Repealed, SOR/2004-215, s. 1]

Vice-Chairman

Vice-Chairman [Repealed, SOR/2004-215, s. 1]

Compulsory Pilotage Areas

3 The following areas are established as compulsory pilotage areas:

• (a) Cornwall District, being the Canadian waters of the St. Lawrence River between the northern entrance to St. Lambert Lock and the pilot boarding station near St. Regis in the Province of Quebec;

• (b) International District 1, being the Canadian waters of the St. Lawrence River between the pilot boarding station near St. Regis, in the Province of Quebec, and a line drawn from Carruthers Point light in the Port of Kingston, in the Province of Ontario, on a true bearing of 127° through Wolfe Island south side light and extended to the shore of the State of New York;

• (c) International District 2, being

  • (i) all the waters of the Welland Canal between the following geographic limits:

    • (A) in the southern approach, within an arc drawn one mile southward of the outer light on the western breakwater at Port Colborne, and

    • (B) in the northern approach, within an arc drawn one mile northward of the western breakwater light at Port Weller,

  • (ii) the Canadian waters of Lake Erie westward of a line running approximately 206° true from the Southeast Shoal light to Sandusky Pierhead light at Cedar Point in the State of Ohio, and

  • (iii) the Canadian waters of the connecting channels between Lake Erie and Lake Huron;

• (d) International District 3, being the Canadian waters of St. Mary's River connecting Lake Huron and Lake Superior as far as, in the northern approach, longitude 84° 33’ W;

• (e) the Canadian waters of Lakes Ontario, Erie, Huron and Superior other than the waters in the compulsory pilotage areas established under paragraphs (a) to (d); and

• (f) the navigable waters within the limits of the Port of Churchill, Manitoba.

Compulsory Pilotage

General

4 The following ships are subject to compulsory pilotage:

• (a) a ship of more than 1 500 gross tonnage; and

• (b) a ship that is not registered in Canada and is over 35 m in length.

Ferries

• 4.1 (1) A ship is not subject to compulsory pilotage under section 4 if the ship is a ferry that operates on a regular schedule.

• (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.

Tugs

4.2 A ship that is not subject to compulsory pilotage under section 4 is subject to compulsory pilotage if the ship is a tug that

• (a) is engaged in towing or pushing two or more ships and the combined length of those ships, including the length of any lines, is 80 m or more; or

• (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1 500 gross tonnage or more.

• 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.

Ships Under the Conduct of Masters or Deck Watch Officers Licensed in the United States

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.

Transitional Exception

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.

Waiving of Compulsory Pilotage

• 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.

United States Pilots

• 6 (1) Subject to subsection (2), where Canadian waters are contiguous with waters of the United States, a ship subject to compulsory pilotage may be under the conduct of a person who is duly authorized to have such conduct by an appropriate authority of the United States.

• (2) Subsection (1) does not apply unless persons holding licences or pilotage certificates under the Act and any regulations made pursuant to the Act are granted similar authority by the Government of the United States for the United States waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in the Province of Quebec.

Navigation in the Compulsory Pilotage Areas

7 The Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,

• (a) the person in charge of the ship fails to

  • (i) provide safe boarding and disembarking facilities for a pilot,

  • (ii) provide adequate accommodation and meals to a pilot in any case when the pilot is required to be on board the ship for a period of more than three hours, or

  • (iii) sign the pilotage card supplied by the Authority to the pilot; or

• (b) the owner, agent or master of the ship has not complied with subsection 8(1).

Notice of Requirement for a Pilot

• 8 (1) Subject to subsection (2), the owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time four hours before the pilot is so required.

• (2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.

Exchange of Pilots at Iroquois Lock

• 8.1 (1) A ship that is under the conduct of a licensed pilot and is transiting International District No. 1 shall exchange pilots at Iroquois Lock if

  • (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or

  • (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes to transit from Cape Vincent to Crossover Island.

• (2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.

Pilotage Certificates

9 A pilotage certificate issued by the Authority permits its holder to perform pilotage duties on board a ship in a compulsory pilotage area if

• (a) the holder is a regular member of the complement of the ship; and

• (b) the certificate was issued for that compulsory pilotage area.

Apprenticeship

• 10 (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage.

• (2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of the holder of a pilotage certificate for that area or a licensed pilot for that area, undertake shipboard pilotage training on

  • (a) a Canadian ship of more than 1 500 gross tonnage; or

  • (b) an arrangement of ships whose total gross tonnage is 1 500 gross tonnage or more.

Endorsements

• 11 (1) A licence or pilotage certificate shall be endorsed in respect of any restrictions or appropriate qualifications pertaining to the holder thereof.

• (2) Subject to any restrictions or qualifications that are endorsed on it, a licence or pilotage certificate permits its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate.

Qualifications

Applicant for a Licence

• 12 (1) An applicant for a licence shall

  • (a) have the sea service described in section 12 of the General Pilotage Regulations;

  • (b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties;

  • (c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

  • (d) hold training certificates showing that the applicant has successfully completed

    • (i) SEN Level II, as referred to in the Marine Personnel Regulations, and

    • (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

  • (e) demonstrate professional conduct;

  • (f) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

  • (g) be able to speak and understand English to the extent necessary to perform pilotage duties.

• (2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Authority before taking the examination referred to in paragraph (1)(b).

• (3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b).

• (4) An applicant for a licence for the Cornwall District shall be able to speak and understand French to the extent necessary to perform pilotage duties in that area.

Applicant for a Pilotage Certificate — Before January 1, 2013

12.1 Subject to section 12.2, an applicant for a pilotage certificate who applies before January 1, 2013 shall

• (a) have the sea service described in section 12 of the General Pilotage Regulations;

• (b) have completed, within the three years immediately preceding the date of the application, at least 10 one-way trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties;

• (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

• (e) hold training certificates showing that the applicant has successfully completed

  • (i) a marine emergency duties training course for senior officers taught at a recognized institution, as defined in subsection 1(1) of the Marine Personnel Regulations, and

  • (ii) SEN Level II, as referred to in the Marine Personnel Regulations;

• (f) demonstrate professional conduct;

• (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

• (h) be able to speak and understand English to the extent necessary to perform pilotage duties.

• 12.2 (1) An applicant for a pilotage certificate who applies before January 1, 2013 is not required to meet the qualifications prescribed in paragraph 12.1(c) if, before that date, the applicant provides the Authority with a statutory declaration stating the following information:

  • (a) the applicant’s experience and service in the conduct of Canadian ships in and through the parts of each compulsory pilotage area that the pilotage certificate is applied for;

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

  • (c) the applicant’s age; and

  • (d) the type of each certificate of competency that the applicant holds.

• (2) The statutory declaration referred to in subsection (1) shall include the following attachments:

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

  • (b) proof of the applicant’s sea service;

  • (c) proof of the applicant’s experience and service in the conduct of Canadian ships in and through the parts of each compulsory pilotage area that the pilotage certificate is applied for;

  • (d) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

  • (e) a photocopy of each training certificate required under paragraph 12.1(e);

  • (f) a photocopy of each certificate of competency that the applicant holds; and

  • (g) proof of the applicant’s age.

Applicant for a Pilotage Certificate — After December 31, 2012

12.3 An applicant for a pilotage certificate who applies after December 31, 2012 shall

• (a) have the sea service described in section 12 of the General Pilotage Regulations;

• (b) have completed, within the three years immediately preceding the date of the application, at least 15 trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) either

  • (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties, or

  • (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program;

• (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act;

• (e) hold training certificates showing that the applicant has successfully completed

  • (i) SEN Level II, as referred to in the Marine Personnel Regulations, and

  • (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations;

• (f) demonstrate professional conduct;

• (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations; and

• (h) be able to speak and understand English to the extent necessary to perform pilotage duties.

12.4 An applicant for a pilotage certificate who applies after December 31, 2012 shall provide the Authority with

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

• (b) proof of the applicant’s acquired experience and service in the conduct of Canadian ships, or arrangements of ships, whose total gross tonnage is 1 500 gross tonnage or more in and through the parts of each compulsory pilotage area in which the applicant intends to perform pilotage duties;

• (c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC);

• (d) a photocopy of each training certificate required under paragraph 12.3(e);

• (e) a photocopy of each certificate of competency that the applicant holds; and

• (f) proof of the applicant’s age.

Great Lakes Marine Pilotage Certificate Training Program

12.5 For greater certainty, the Authority shall ensure that successfully completing the Great Lakes Marine Pilotage Certificate Training Program is equivalent to passing an examination for a pilotage certificate.

Examinations

• 13 (1) An examination for a licence or pilotage certificate shall relate to the applicant’s knowledge of the following topics:

  • (a) the pilotage and navigational requirements of each area in which the applicant intends to perform pilotage duties, including knowledge of the currents, depths of water, anchorage areas, aids to navigation and, as applicable, tides;

  • (b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties;

  • (c) the relevant parts of the Act and the regulations made under it;

  • (d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics;

  • (e) the practical use of all shipboard navigational instruments;

  • (f) the duties, responsibilities and obligations of a pilot; and

  • (g) the relevant customs, port, immigration and pollution regulations.

• (2) If an applicant intends to perform pilotage duties in an area other than the Port of Churchill, Manitoba, the examination shall also relate to the applicant’s knowledge of the Seaway Property Regulations.

• (3) If an applicant intends to perform pilotage duties in the Port of Churchill, Manitoba, the examination shall also relate to the applicant’s knowledge of the Collision Regulations and any regulations respecting the Port of Churchill made under any law of Canada.

13.1 An examination for a licence or pilotage certificate shall be conducted at a place or places determined by the Authority and notice of the examination shall be communicated by the Authority to every applicant for a licence or pilotage certificate.

Board of Examiners

• 14 (1) A Board of Examiners shall consist of an officer of the Authority, who shall be the Chairperson of the Board, and of the Board members appointed by the Authority under subsection (2) or (3).

• (2) In the case of an applicant for a licence for a compulsory pilotage area, the Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence for the area; and

  • (b) a person who does not hold a licence for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (3) In the case of an applicant for a pilotage certificate for a compulsory pilotage area, the Authority shall appoint the following Board members:

  • (a) two persons, each of whom holds a licence or a pilotage certificate for the area; and

  • (b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds

    • (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act, or

    • (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001.

• (4) The Chairperson of the Board of Examiners shall report to the Authority the results of every examination, including

  • (a) the name of each person who passed the examination; and

  • (b) the class of licence or pilotage certificate to which a person who passed the examination is entitled.

Fees

• 15 (1) The fee for an examination of an applicant for a licence or pilotage certificate is $500.

• (2) Until December 31, 2012, the fee for issuing a licence or pilotage certificate is $100.

• (3) Beginning on January 1, 2013, the fee for issuing a licence or pilotage certificate is $250.

Maintaining Qualifications

• 16 (1) A licence expires unless its holder

  • (a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;

  • (b) maintains and, if possible, improves his or her competence with respect to pilotage duties;

  • (c) holds valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the licence;

  • (d) maintains valid training certificates, if they were required for the issuance of the licence; and

  • (e) completes, every year, at least five one-way trips in each compulsory pilotage area for which the licence was issued.

• (2) Paragraph (1)(d) does not apply in respect of a licence for the Port of Churchill, Manitoba.

16.1 A pilotage certificate expires unless its holder

• (a) remains fit to perform pilotage duties in accordance with the medical requirements of the General Pilotage Regulations;

• (b) maintains and, if possible, improves his or her competence with respect to pilotage duties;

• (c) holds valid certificates of competency and valid certificates issued under the Radiocommunication Act, if they were required for the issuance of the pilotage certificate;

• (d) maintains valid training certificates, if they were required for the issuance of the pilotage certificate; and

• (e) completes, in the three-year period after the date of issuance of the certificate, in the capacity of master or deck watch officer, at least 10 one-way trips in the compulsory pilotage area for which the pilotage certificate was issued; and

• (f) provides, at the request of the Authority, satisfactory evidence that the holder has complied with the requirements of paragraph (e).

Further Training

17 A holder of a licence or pilotage certificate shall, at the direction of the Authority or the Minister, undergo further training

• (a) to enable the holder to meet any new qualifications prescribed under these Regulations; or

• (b) to improve the holder’s competence with respect to pilotage duties, if the Authority or the Minister has reason to believe that the holder may have become a safety risk by virtue of loss of competence in the performance of any pilotage duty.

Shipping Casualty

• 18 (1) Where an incident occurs whereby a ship in a compulsory pilotage area

  • (a) causes loss or damage to any other ship or to property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship, or

  • (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment,

  and a holder of a licence or pilotage certificate was on board the ship at the time the incident occurred, such holder and any other person who had the conduct of the ship at the time shall report the incident forthwith by the fastest available means to the Authority.

• (2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution.

• (3) Where a report referred to in subsection (1) cannot be made directly to the Authority, it shall be made to the nearest maritime traffic control centre.

• (4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Authority and make a written report of the incident on a form provided by the Authority.

• (5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Authority to any person without the prior consent of the person who made the report.