1 [Repealed, SOR/2020-211, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Pilotage Act; (Loi)

apprentice pilot

apprentice pilot means a person who is training to become a licensed pilot; (apprenti pilote)

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 Pacific Pilotage Authority; (Administration)

certificate of competency

certificate of competency[Repealed, SOR/2009-329, s. 1]

coastal trade

coastal trade means the regular employment and operation of ships in the waters of the region, the waters of Puget Sound, the Strait of Juan de Fuca and the coastal waters of the State of Alaska not west of Cook Inlet; (cabotage)

committee of examiners

committee of examiners means a committee of examiners appointed under section 21 to conduct examinations for any class of licence or a pilotage certificate or for the apprenticeship system; (commission d’examen)

compulsory pilotage area

compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage; (zone de pilotage obligatoire)

dangerous goods

dangerous goods has the meaning assigned by section 2 of the Transportation of Dangerous Goods Act, 1992; (marchandises dangereuses)

day of service

day of service means a period of watchkeeping duty performed over a period of 12 hours that are not necessarily consecutive; (jour de service)

deck watch officer

deck watch officer[Repealed, SOR/2003-224, s. 1]

familiarization trip

familiarization trip means a voyage in a compulsory pilotage area on board a ship during which an applicant for a licence or pilotage certificate observes the licensed pilot assigned to the ship; (voyage d’entraînement)

ferry

ferry means a ship or an arrangement of ships that carries passengers or goods according to a fixed schedule between terminals; (traversier)

gross tonnage

gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001; (jauge brute)

gross tons

gross tons[Repealed, SOR/2020-211, s. 4]

marine occurrence

marine occurrence has the meaning assigned by section 2 of the Canadian Transportation Accident Investigation and Safety Board Act; (accident maritime)

movage

movage means the moving of a ship wholly within a harbour or port from one anchored or moored position to another or back to the same position, but does not include the warping of a ship from one berth to another solely by means of mooring lines unless a pilot is employed, and includes anchoring of a ship while en route between one harbour, port or pilot boarding station and another due to stress of weather, tidal conditions, safety of the ship or crew, waiting berth availability or waiting due to minor engine or equipment repairs performed by ship’s personnel that are considered reasonable engine or equipment maintenance; (déplacement)

person in charge of the deck watch

person in charge of the deck watch means a person who has immediate charge of the navigation, manoeuvring, operation or safety of a ship, but does not include a pilot; (personne responsable du quart à la passerelle)

pilot boarding station

pilot boarding station means a place used for the purpose of embarking or disembarking pilots; (station d’embarquement de pilotes)

pleasure craft

pleasure craft has the meaning assigned by section 2 of the Canada Shipping Act, 2001; (embarcation de plaisance)

region

region means all Canadian waters in and around the Province of British Columbia; (région)

regularly employed

regularly employed[Repealed, SOR/2003-224, s. 1]

Second Narrows Movement Restriction Area

Second Narrows Movement Restriction Area[Repealed, SOR/2020-211, s. 4]

Second Narrows Traffic Control Zone

Second Narrows Traffic Control Zone means the part of Area 2 that is enclosed within a line drawn 000° from the fixed light on the northeastern end of Terminal Dock to the North Vancouver shoreline at Neptune Terminals and a line drawn 000° from Berry Point Light (approximately 2.4 km east of the CN bridge on the South Shore of the Port of Vancouver) to the North Shore on the opposite side of the channel; (zone de contrôle de la circulation de Second Narrows)

senior watch keeping deck officer

senior watch keeping deck officer[Repealed, SOR/2003-224, s. 1]

tug

tug means a ship used for towing or pushing purposes; (remorqueur)

voyage

voyage includes a passage or trip of a ship and any movement of a ship from one place to another but does not include a movage; (voyage)

warping

warping means the moving of a ship from one berth to another solely by means of mooring lines. (halage)

Establishment of Compulsory Pilotage Areas

3 The following compulsory pilotage areas are hereby established in the region:

• (a) Area 1, being all waters of the Fraser River and other rivers flowing into it including all of the North Arm of the Fraser River and the waters extending to seawards from Point Grey in position Latitude 49°15′57″ N., Longitude 123°15′48″ W., THENCE, to position Latitude 49°15′57″ N., Longitude 123°26′00″ W., THENCE, to position Latitude 49°02′15″ N., Longitude 123°26′00″ W., THENCE, to position Latitude 49°02′15″ N., Longitude 123°05′45″ W., and including all waters of Boundary Bay, North of Latitude 49°00′07″ N.;

• (b) Area 2, being

  • (i) all waters enclosed within a line commencing from a position in Latitude 49°00′07″ N., Longitude 123°05′24″ W. and following the International Boundary between the Province of British Columbia and the State of Washington to a position in Latitude 48°15′48″ N., Longitude 123°21′12″ W., and THENCE, to a position Latitude 48°22′27″ N., Longitude 123°23′12″ W., and THENCE, to a position Latitude 48°22′27″ N., Longitude 123°25′48″ W., and THENCE, to a position Latitude 48°16′03″ N., Longitude 123°29′36″ W., and THENCE, to a position Latitude 48°15′54″ N., Longitude 123°31′48″ W., and THENCE, to Christopher Point in position Latitude 48°18′36″ N., Longitude 123°33′45″ W., and

  • (ii) all waters enclosed within a line extending from Cape Caution Light in position Latitude 51°09′50″ N., Longitude 127°47′06″ W., to a position in Latitude 50°58′00″ N., Longitude 127°44′33″ W., and THENCE, to Cape James on Hope Island in position Latitude 50°56′00″ N., Longitude 127°50′12″ W., and THENCE, from Nahwitti Point Light on Hope Island in position Latitude 50°54′18″ N., Longitude 127°59′02″ W., to Cape Sutil on Vancouver Island in position Latitude 50°52′30″ N., Longitude 128°02′54″ W., except those waters eastward of a line from Point Grey in position Latitude 49°15′57″ N., Longitude 123°15′48″ W., THENCE, to position Latitude 49°15′57″ N., Longitude 123°16′39″ W., THENCE, to position Latitude 49°05′15″ N., Longitude 123°18′54″ W., THENCE, to position Latitude 49°02′15″ N., Longitude 123°15′18″ W., THENCE, to position Latitude 49°02′15″ N., Longitude 123°05′45″ W.;

• (c) Area 3, being all waters enclosed within a line extending from Christopher Point in position Latitude 48°18′36″ N., Longitude 123°33′45″ W., to a position Latitude 48°15′54″ N., Longitude 123°31′48″ W., and THENCE, to a position Latitude 48°20′48″ N., Longitude 123°56′00″ W., and THENCE, to a position Latitude 48°30′12″ N., Longitude 124°28′30″ W., and THENCE, to a position Latitude 48°33′45″ N., Longitude 124°43′48″ W., and THENCE, to a position Latitude 48°41′33″ N., Longitude 125°07′00″ W., and THENCE, to a position Latitude 48°50′36″ N., Longitude 125°30′00″ W., and THENCE, to a position Latitude 49°21′24″ N., Longitude 126°34′24″ W., and THENCE, to a position Latitude 50°05′06″ N., Longitude 127°58′18″ W., and THENCE, to a position Latitude 50°38′39″ N., Longitude 128°24′36″ W., and THENCE, to a position Latitude 50°46′51″ N., Longitude 128°28′42″ W., and THENCE, to a position Latitude 50°48′36″ N., Longitude 128°27′36″ W., and THENCE, to a position Latitude 50°58′27″ N., Longitude 127°56′06″ W., and THENCE, to a position Latitude 50°58′00″ N., Longitude 127°44′33″ W., and THENCE, to Cape James on Hope Island in position Latitude 50°56′00″ N., Longitude 127°50′12″ W., and THENCE, from Nahwitti Point Light on Hope Island in position Latitude 50°54′18″ N., Longitude 127°59′02″ W., to Cape Sutil on Vancouver Island in position Latitude 50°52′30″ N., Longitude 128°02′54″ W.;

• (d) Area 4, being all waters enclosed within a line extending from Cape Caution Light in position Latitude 51°09′50″ N., Longitude 127°47′06″ W., and THENCE, to a position Latitude 50°58′00″ N., Longitude 127°44′33″ W., THENCE, to a position Latitude 51°15′00″ N., Longitude 128°16′00″ W., THENCE, to a position Latitude 52°15′12″ N., Longitude 128°46′30″ W., THENCE, to a position Latitude 52°23′00″ N., Longitude 129°24′45″ W., THENCE, to a position Latitude 53°23′15″ N., Longitude 130°38′12″ W., THENCE, to a position Latitude 53°29′30″ N., Longitude 130°41′30″ W., THENCE, to a position Latitude 54°02′06″ N., Longitude 130°57′15″ W., THENCE, to a position Latitude 54°15′24″ N., Longitude 131°02′30″ W., THENCE, to a position Latitude 54°18′21″ N., Longitude 130°57′51″ W., THENCE, to a position Latitude 54°35′15″ N., Longitude 131°16′45″ W., THENCE, to a position Latitude 54°41′57″ N., Longitude 131°07′21″ W., THENCE, a line following the International Boundary between the Province of British Columbia and the State of Alaska, terminating in a position Latitude 55°54′42″ N., Longitude 130°00′48″ W.; and

• (e) Area 5, being all waters enclosed within a line extending from a position Latitude 54°17′24″ N., Longitude 131°28′00″ W., and THENCE, to a position Latitude 53°46′36″ N., Longitude 131°18′30″ W., THENCE, to a position Latitude 52°52′12″ N., Longitude 131°25′18″ W., THENCE, to a position Latitude 52°13′18″ N., Longitude 130°54′24″ W., THENCE, to a position Latitude 52°05′42″ N., Longitude 130°52′42″ W., THENCE, to a position Latitude 51°46′36″ N., Longitude 130°52′12″ W., THENCE, to a position Latitude 52°11′50″ N., Longitude 131°28′12″ W., THENCE, to a position Latitude 52°32′12″ N., Longitude 131°53′24″ W., THENCE, to a position Latitude 52°47′00″ N., Longitude 132°17′00″ W., THENCE, to a position Latitude 52°55′48″ N., Longitude 132°28′24″ W., THENCE, to a position Latitude 53°25′12″ N., Longitude 132°59′00″ W., THENCE, to a position Latitude 53°31′24″ N., Longitude 133°04′36″ W., THENCE, to a position Latitude 53°45′18″ N., Longitude 133°13′24″ W., THENCE, to a position Latitude 53°56′21″ N., Longitude 133°15′24″ W., THENCE, to a position Latitude 54°10′12″ N., Longitude 133°10′54″ W., THENCE, to a position Latitude 54°16′36″ N., Longitude 133°07′21″ W., THENCE, to a position Latitude 54°18′24″ N., Longitude 133°00′00″ W., THENCE, to a position Latitude 54°09′06″ N., Longitude 132°18′48″ W., THENCE, to a position Latitude 54°17′24″ N., Longitude 131°28′00″ W.

Experience at Sea Qualifications

• 4 (1) An applicant for a licence or pilotage certificate for Area 1 must

  • (a) hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) have completed 10 familiarization trips before the day on which the application is made; and

  • (c) before the day on which the applicant requests an examination referred to in section 23, have completed in the region, on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, at least

    • (i) 700 days of service — including at least 250 days in Area 1 — as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations, or

    • (ii) 365 days of service — including at least 250 days in Area 1 — as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations and at least an additional 547 days as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (g) and (i) to (n) of those Regulations.

• (2) An applicant for a licence or pilotage certificate for Area 2, 3, 4 or 5 must hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations and have completed, before the day on which the application is made,

  • (a) 10 familiarization trips and a total of least 700 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;

  • (b) 15 familiarization trips and, in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, a total of

    • (i) at least 365 days of service as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations, and

    • (ii) at least an additional 547 days of service as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations;

  • (c) 20 familiarization trips and a total of at least 1000 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations; or

  • (d) 30 familiarization trips and a total of at least 1000 days of service,

    • (i) at least 635 of which were in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, and

    • (ii) the remainder of which were

      • (A) outside Areas 2, 3, 4 and 5 on board a ship of at least 100 gross tonnage as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, or

      • (B) in at least two of Areas 2, 3, 4, and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(g) and (p) to (r) of the Marine Personnel Regulations.

• (3) At least 100 of the total days of service required by subsections (1) and (2) must have been completed within the 24 months before the day on which the application is made.

• (4) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 must have completed at least 250 of the total days of service required by subsection (2) in the Area for which the certificate is sought.

Familiarization Program

• 4.1 (1) A person may apply to the Authority for entry into the Familiarization Program.

• (2) The Authority shall approve familiarization trips if

  • (a) in the case of 10 familiarization trips or less, the applicant has served at least 50% of the days of service required by any of paragraphs (4)(1)(a) to (d); and

  • (b) in the case of more than 10 familiarization trips, the applicant has served at least 75% of the days of service required by any of paragraphs 4(1)(b) to (d).

Certificates

5 In addition to the certificates required by subsection 10(1) of the General Pilotage Regulations, an applicant for or a holder of a licence or a pilotage certificate shall hold a training certificate indicating that they have successfully completed a course approved in accordance with section 114 of the Marine Personnel Regulations

• (a) in simulated electronic navigation, level 2; and

• (b) in automatic radar plotting aids.

Apprenticeship

6 The holder of a licence shall have successfully completed the apprenticeship system approved by the Authority.

Requirements

7 The holder of a licence or pilotage certificate shall have provided the Authority with evidence that the holder maintained a record of safe ship handling and navigation before applying for their licence or pilotage certificate.

8 The holder of a licence or pilotage certificate shall

• (a) have passed the required examinations of their qualifications conducted by the committee of examiners;

• (b) speak, write and understand English to the extent necessary to carry out their pilotage duties; and

• (c) have passed a medical examination that tests the holder’s physical and mental fitness for pilotage duties.

Ships Subject to Compulsory Pilotage

• 9 (1) Every ship of more than 350 gross tonnage that is not a pleasure craft and every pleasure craft of more than 500 gross tonnage is subject to compulsory pilotage.

• (2) For the purposes of subsection (1), if a ship is part of an arrangement of ships, then the combined tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship is subject to compulsory pilotage.

• (3) Subsection (1) does not apply in respect of

  • (a) a government vessel as defined in section 2 of the Canada Shipping Act, 2001;

  • (b) a ferry; or

  • (c) a United States government ship of less than 10 000 gross tonnage.

Waiver of Compulsory Pilotage

• 10 (1) The Authority may, on application, waive compulsory pilotage in respect of a ship if

  • (a) the ship is in distress;

  • (b) a person on board the ship requires medical evacuation;

  • (c) the ship is engaged in rescue or salvage operations;

  • (d) the ship is seeking refuge; or

  • (e) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been met:

    • (i) the owner, master or agent of the ship has complied with sections 12 and 13, and

    • (ii) all persons in charge of the deck watch are familiar with the route and the marine traffic control system in the compulsory pilotage area that the ship is entering.

  • (f) [Repealed, SOR/2020-211, s. 7]

• (2) The Authority may waive compulsory pilotage in respect of a ship that

  • (a) is warping and is not using its engines or a tug except as a line boat for the handling of the ship’s lines;

  • (b) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — to a pilot boarding station located within a compulsory pilotage area for the purpose of embarking a licensed pilot; or

  • (c) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — out of a compulsory pilotage area after disembarking a licensed pilot at a pilot boarding station located within that area.

• (3) The Authority may, on application, waive compulsory pilotage in respect of a ship of less than 10 000 gross tonnage if, as of the day on which the application is made, every person in charge of the deck watch

  • (a) holds the certificates that are required by Part 2 of the Marine Personnel Regulations or, if the ship is not Canadian, equivalent certificates;

  • (b) has completed, as a person in charge of the deck watch on voyages in the region, at least

    • (i) 150 days of service in the preceding 18 months, or

    • (ii) 365 days of service in the preceding 60 months, including at least 60 days in the preceding 24 months; and

  • (c) has served as a person in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on at least one occasion within the preceding 24 months.

• (4) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 west of the New Westminster railway bridge only if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed five return voyages, of which the Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed five return voyages, of which the Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (5) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 east of the New Westminster railway bridge only if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed 10 return voyages, of which the Authority was given prior notice, through that portion of Area 1

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed 10 return voyages, of which the Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

• (6) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is carrying dangerous goods and travelling in the Second Narrows Traffic Control Zone only if every person in charge of the deck watch has, as of the day on which the application is made, completed six return voyages — at least one of which was completed within the preceding 24 months — of which the Authority was given prior notice, through that Zone

  • (a) with a licensed pilot; or

  • (b) with a person in charge of the deck watch who has previously completed six return voyages, of which the Authority was given prior notice, through that Zone with a licensed pilot.

• (7) If a ship is part of an arrangement of ships, then the combined gross tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage under subsection (3).

• (7.1) For greater certainty, the Authority may not waive compulsory pilotage in respect of any period before the embarkation or after the disembarkation of the persons who meet the conditions set out in subsections (3) to (6), as the case may be.

• (8) Despite subsections (3) to (6), a ship is subject to compulsory pilotage if there is a risk to navigational safety because of

  • (a) ship safety orders resulting from an environmental risk;

  • (b) exceptional circumstances on board the ship; or

  • (c) extreme conditions related to weather, tides or currents or freshet conditions.

• (9) An application for a waiver of compulsory pilotage other than an application made under a circumstance described in subsection (1) or (2) shall be made in writing.

• (10) At the request of the Authority, the persons in charge of the deck watch referred to in subsections (1) to (6) shall produce evidence that the conditions set out in this section continue to be met.

Pilot Boarding Stations

11 There shall be a pilot boarding station

• (a) at Fairway Buoy, off Brotchie Ledge near Victoria;

• (b) off Cape Beale, at the entrance to Trevor Channel in Barkley Sound;

• (c) off Triple Island, near Prince Rupert;

• (d) off Pine Island, near Port Hardy;

• (e) off Sand Heads, at the mouth of the Fraser River, for Area 1 pilot transfers; and

• (f) at any point or place in the region that the Authority considers necessary to ensure a safe and efficient pilotage service.

Notice to Obtain Pilots

12 The master, owner or agent of a ship that is subject to compulsory pilotage and requires the services of a licensed pilot shall

• (a) with respect to the pilot boarding station referred to in paragraph 11(a),

  • (i) provide notice to the Authority of the estimated time of the ship’s arrival, Coordinated Universal Time, at least 12 hours before arrival, and

  • (ii) confirm or correct the estimated time of the ship’s arrival four hours prior to arrival; and

• (b) with respect to any of the pilot boarding stations referred to in paragraphs 11(b) to (f),

  • (i) provide notice to the Authority of the estimated time of the ship’s arrival, Coordinated Universal Time, at least 48 hours before arrival, and

  • (ii) confirm or correct the estimated time of the ship’s arrival at least 12 hours prior to arrival.

Required Information in Notice

13 The notice referred to in section 12 shall include

• (a) the pilotage service to be performed;

• (b) the name, nationality, length, breadth, deepest draft and gross tonnage of the ship; and

• (c) any other information about the ship that affects its speed, manoeuvrability or the safety of navigation.

14 [Repealed, SOR/2014-240, s. 3]

Notification of Pilotage Certificate Holders or Waivers

• 15 (1) If a person in charge of the deck watch of a ship is a holder of a pilotage certificate, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Authority of the intended voyage of the ship and the name of the holder and the number of their certificate.

• (2) If a waiver of compulsory pilotage has been granted in respect of a ship, the master, owner or agent of that ship shall, 48 hours before entering a compulsory pilotage area, notify the Authority of the intended voyage of the ship and the names of all persons in charge of the deck watch.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates on Board

• 16 (1) Subject to subsection (2), the minimum number of licenced pilots or holders of pilotage certificates that shall be on board a ship at any time is one, except that two pilots shall be on board

  • (a) for any voyage during which the ship would require the services of a pilot on bridge watch for a period exceeding eight consecutive hours;

  • (b) for any voyage during which the ship would require the services of a pilot on bridge watch for a distance exceeding 105 consecutive nautical miles;

  • (c) where the ship cannot be safely navigated by only one pilot on bridge watch; or

  • (d) where the ship has requested two pilots.

• (2) A licensed pilot or holder of a pilotage certificate who has conduct of a towed ship may be on board the tug by which it is towed.

Licences

• 17 (1) The classes of licences that may be issued by the Authority are Class I and Class II licences.

• (2) A licence issued by the Authority shall have an endorsement on it that states what class of licence it is as well as the compulsory pilotage areas in which the holder may pilot.

• (3) The holder of a Class II licence is entitled to receive a Class I licence after having served satisfactorily as the holder of a Class II licence for a period of one year.

• (4) An apprentice pilot who meets the qualifications for a licence, shall be issued a Class II licence.

Pilotage Certificates

18 A pilotage certificate issued by the Authority shall have an endorsement thereon stating

• (a) the size and type of ship that the holder of the certificate may pilot, and

• (b) the compulsory pilotage areas in which or the specific routes within a compulsory pilotage area on which the holder may pilot,

and may have an endorsement thereon setting out any requirements or restrictions applicable to the holder.

Applications for Licences and Pilotage Certificates

19 An applicant for a licence or pilotage certificate shall

• (a) provide the Authority with such evidence, information and references as will satisfy the Authority that he meets all the qualifications prescribed by the Act, the General Pilotage Regulations and these Regulations of an applicant for and the holder of the licence or pilotage certificate for which he is applying; and

• (b) pay a fee of $50 to the Authority for the issue of the licence or pilotage certificate.

Further Training

20 The holder of a licence or pilotage certificate shall be required to take further training to enable him to meet the qualifications of holders of licences and pilotage certificates prescribed by these Regulations since his licence or certificate was issued when he is unable to meet those qualifications.

Examinations

• 21 (1) To determine whether an applicant for or the holder of a licence or pilotage certificate or an applicant who wishes to become an apprentice pilot meets the qualifications prescribed for applicants and holders by the Act, the General Pilotage Regulations and these Regulations, the Authority may refer the qualifications of the applicant or holder to a committee of examiners.

• (2) There shall be two committees of examiners consisting of five members each.

• (3) One of the committees of examiners shall examine the qualifications of applicants and holders with respect to Area 1 compulsory pilotage area and the other committee shall examine the qualifications of applicants and holders with respect to Areas 2, 3, 4 and 5 compulsory pilotage areas.

• (4) Each committee of examiners shall consist of

  • (a) two persons appointed by the Authority, one of whom shall be chairman of the committee;

  • (b) a licensed pilot appointed by the representative body of licensed pilots;

  • (c) a licensed pilot appointed by the Authority; and

  • (d) a master mariner appointed by the Authority.

• (5) A committee of examiners shall be appointed for a term of one year commencing July 1st in each year.

• (6) Any retiring member of a committee of examiners shall be eligible for re-appointment to that committee.

• (7) A quorum of a committee of examiners shall be four members.

22 A committee of examiners shall

• (a) prepare a list of applicants who are eligible to become apprentice pilots or holders of licences or pilotage certificates and submit the list to the Authority for approval;

• (b) conduct examinations under the direction of the Authority;

• (c) submit to the Authority statements of the results of all examinations conducted by it;

• (d) prepare the curriculum of training for the apprenticeship system and any pilotage certificate training program that is established by the Authority; and

• (e) hold regular meetings as directed by the Authority to review the progress of persons in the apprenticeship system and any pilotage certificate training program that is established by the Authority.

• 23 (1) Examinations held by a committee of examiners shall be in such form as the Authority may determine and shall consist of, but not be limited to, questions on the following subjects:

  • (a) local knowledge of every area to which the application, licence or pilotage certificate relates including

    • (i) tides and currents,

    • (ii) dredged channel widths and depths,

    • (iii) depth of water,

    • (iv) important and essential cable areas and prohibited anchorage areas,

    • (v) anchorage areas and depths,

    • (vi) aides to navigation, and

    • (vii) bridge signals and clearances;

  • (b) knowledge of

    • (i) the Collision Regulations,

    • (ii) regulations under the Canada Shipping Act respecting harbours and ports,

    • (iii) the Pilotage Act and regulations thereunder, and

    • (iv) the Quarantine Regulations;

  • (c) seamanship and ship handling;

  • (d) docking problems and the use of tug boats and anchors;

  • (e) general chart work, including the correction of courses and compass errors;

  • (f) communications;

  • (g) International Code of Signals, including the use of one and two flag signals;

  • (h) duties of a pilot;

  • (i) use of navigational and bridge instruments;

  • (j) practical knowledge of the interpretation and operation of radar; and

  • (k) such other subjects as the committee of examiners may consider necessary.

• (2) A candidate has a maximum of six attempts at the examination referred to in subsection (1).

Place of and Fees for Examinations

• 24 (1) Examinations conducted by the committee of examiners shall be held at such place as the Authority may from time to time prescribe in a notice given by the Authority to the persons who will take the examinations.

• (2) The fees payable for the examination are the following:

  • (a) $150 for the written portion; and

  • (b) $100 for the oral portion.

Eligibility for Apprenticeship System

• 25 (1) The name of an applicant who wishes to become an apprentice pilot and meets the qualifications for an applicant for or a holder of a licence set out in the Act, the General Pilotage Regulations and these Regulations shall be placed by a committee of examiners on an eligibility list prepared by them under paragraph 22(a).

• (1.1) The name of an applicant who meets the qualifications referred to in subsection (1) shall be placed on the eligibility list after the last name on the list.

• (1.2) If several applicants meet the qualifications referred to in subsection (1) at the same time, their names shall be placed on the eligibility list after the last name on the list in an order that ranks them, from highest to lowest, in accordance with their results in the examinations referred to in section 23.

• (2) The name of an applicant referred to in subsection (1) shall remain on the eligibility list for a period of two years.

• (3) Upon the expiration of the two-year period referred to in subsection (2), the name of the applicant shall be removed from the eligibility list unless he establishes to the satisfaction of the committee of examiners that he

  • (a) has, during the two-year period, maintained sea service in each area in respect of which he intends to become an apprentice pilot; and

  • (b) meets the qualifications referred to in subsection (1).

Appointment of Apprentice Pilots

26 If the Authority requires an apprentice pilot to meet the needs of the pilotage service, the Authority may appoint as an apprentice pilot a person whose name is at the top of the eligibility list referred to in section 25.

Duration of Apprenticeship

• 27 (1) An apprentice pilot shall

  • (a) to qualify for a licence for Area 1, serve as an apprentice for a period of not less than three months in that Area and complete during that period not less than 50 assignments in the Area with a licensed pilot; or

  • (b) to qualify for a licence for Areas 2 to 5,

    • (i) serve as an apprentice for a period of not less than six months and not more than 24 months in those Areas, and

    • (ii) during the period served as required by subparagraph (i), complete not less than 90 assignments with a licensed pilot.

• (2) A person shall cease to be an apprentice pilot when he

  • (a) is granted a licence;

  • (b) withdraws from the apprenticeship system; or

  • (c) is discharged from the apprenticeship system by the Authority.

Apprenticeship System Training

• 28 (1) An apprentice pilot shall,

  • (a) when directed to do so by the Authority, take examinations both written and oral before the committee of examiners;

  • (b) make such voyages at the direction of the Authority as will give him the most extensive experience in the waters and ports of the compulsory pilotage area in respect of which he wishes to obtain a licence; and

  • (c) keep a log of all voyages made by him pursuant to paragraph (b) in a form approved by the Authority.

• (2) An apprentice pilot shall be under the direction and command of the licensed pilot of the ship to which he is assigned.

• (3) The Authority may assign one apprentice pilot to a ship and may assign a second apprentice pilot to a ship after consultation with the master, owner or agent thereof.

Marine Occurrence Report

• 29 (1) If a ship that is subject to compulsory pilotage or a ship in respect of which a waiver of compulsory pilotage has been granted is involved in a marine occurrence in a compulsory pilotage area, the person who has the conduct of the ship at the time of the marine occurrence shall submit a full report on the marine occurrence to the Authority on a form provided by the Authority for that use.

• (2) If the person who has the conduct of the ship at the time of the marine occurrence is not the master, the master shall also submit a full report on the marine occurrence to the Authority on a form provided by the Authority for that use.

• (3) A person who is required to submit a full report on the marine occurrence shall do so

  • (a) within 72 hours after the marine occurrence; or

  • (b) within an additional period of time granted to the person by the Authority under subsection (4).

• (4) The Authority shall grant an additional period of time if the Authority is notified within 72 hours after the marine occurrence that the person is unable to submit the report within those 72 hours because the person was injured in the marine occurrence or because the person is in a remote location that does not have a scheduled transportation service or a communication system that can be used to submit the report.