Vol. 137, No. 13 — March 29, 2003

Regulations Amending the Pacific Pilotage Regulations

Statutory Authority

Pilotage Act

Sponsoring Agency

Pacific Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Pacific Pilotage Authority (the "Authority") is a financially autonomous Crown Corporation whose role is to establish, operate, maintain and administer, in the interest of safety, an efficient and economical pilotage service within all waters of British Columbia, including the Fraser River.

Section 20 of the Pilotage Act enables the Authority to make regulations with approval of the Governor in Council for the attainment of its objectives, including regulations for:

— establishing compulsory pilotage areas;

— prescribing the ships or classes of ships that are subject to compulsory pilotage;

— prescribing the circumstances under which compulsory pilotage may be waived;

— prescribing the notice, if any, to be given by a ship of its estimated time of arrival in a compulsory pilotage area;

— prescribing classes of licences and of pilotage certificates that may be issued;

— prescribing the qualifications that a holder of any class of license or of pilotage certificate shall meet;

— setting out the terms and conditions under which a person or pilot authorized to have conduct of a ship by an appropriate authority of the United States may pilot a ship in Canadian waters.

The amendment to the Pacific Pilotage Authority Regulations (the "Regulations") results in part from a ministerial directive of November 15, 1999, incorporating various recommendations by the Canadian Transportation Agency following its review of outstanding pilotage issues; the whole being more fully explained in a document entitled Report to Parliament, Ministerial Review of Outstanding Pilotage Issues. The Regulations did not adequately reflect the changing marine environment or the bilateral agreement presently in place between Canada and the United States regarding vessels under 10 000 tons gross tonnage.

The new Regulations provide a series of new definitions in sections 2, 4 and 5 of the Regulations dealing with Experience at Sea, and Certificates issued by recognized marine establishments have been streamlined for greater clarity in the description of qualifications prerequisites for an applicant to a pilot license or a pilotage certificate. Sections 2, 4 and 5 of the Regulations are also affected by recent revisions to the Canada Shipping Act.

There are 5 compulsory pilotage areas on the west coast. Area 1 covers activity on the Fraser River, and areas 2, 3, 4 and 5 are confined to the coast. Due to the nature of pilotage under certain river conditions, it is imperative to separate the requirements of coastal experience and river experience when assessing candidates as prospective river pilots.

Section 9 requires every ship over 350 tons gross tonnage to be subject to compulsory pilotage whereas section 10 deals with conditions that have to be met to obtain waivers from compulsory pilotage. The changes adequately represent concerns expressed by Canadian ferry operators and reflect the existing situation as well as the agreement between the Canadian and the United States governments with respect to the tug and barge industry operating in Puget Sound and British Columbia waters. Section 10 describes the circumstances under which the Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons traveling in the portion of Area 1 above or below the New Westminster railway bridge on the Fraser River and/or the Second Narrows bridge in Vancouver Harbour.

All other changes to the Regulations are merely housekeeping items and did not elicit any comments from the stakeholders.

Alternatives

Retention of the status quo is not an acceptable alternative and was rejected as an option due largely to comments received from stakeholders as well as the fact that it has been more than 25 years since the Regulations were last updated.

Minor changes excluding sections 9 and 10 were also considered and rejected on the basis that we would have to revisit the Regulations in a year from now in order to address the industry concerns about exemptions and waivers.

A more comprehensive revision was the only practical alternative in order to ensure that the Regulations were brought in line with recent legislative and regulatory reform, as well as identifying and meeting stakeholders concerns where possible.

Benefits and Costs

Due to the present working relationship on the British Columbia coast and Puget Sound areas regarding the movement of tugs and barges, the implementation of the proposed changes to section 10 (Waiver of Compulsory Pilotage) will ensure that we give recognition to holders of U.S. certificates in the same way that the United States presently recognizes Canadian certification. In doing this, the tug and tow boat industry from both countries save the cost of pilotage while the safety of navigation is still ensured in those areas with higher than normal risk, such as the Fraser River and the Second Narrows bridge in Vancouver Harbour.

The increase in the examination fee payable under section 24 from the nominal fee of $50.00 to $250.00 is merely an attempt to reflect more accurately the actual cost of the setting of the exam. The present $50.00 barely covers the cost of charts, publications and paper. If we factor in the cost of renting a room for the exam, as well as the fees paid to the examiners, it is evident that the recommended increase to $250.00 still falls short of the true cost.

This proposed amendment does not have any impact on the environment.

Consultation

Consultation with the various stakeholders began in May 1999. Meetings were held with the Chamber of Shipping British Columbia (representing shipping companies and agents), the Council of Marine Carriers (representing the tug and tow boat industry), the American Waterways Operators, the British Columbia Coast Pilots' Ltd., the Fraser River Pilots' Association, as well as port authorities.

On July 12, 1999, a copy of the proposed amendments was sent out to all stakeholders, with a request for written comments by August 16, 1999. Following receipt of the written comments, there was another round of discussions with the primary stakeholders. During contract negotiations, the Authority undertook extensive consultations with the parties in 2001 and 2002. A final draft was sent out to all affected parties in January 2003 with a request for support.

Compliance and Enforcement

Compliance with the amended Regulations would be monitored and overseen by the Authority in cooperation with Coast Guard Vessel Traffic Services, Transport Canada Ship Safety officers, the British Columbia Pilots, and the agents representing the vessels calling at west coast ports.

Section 47 of the Pilotage Act provides that, except where an Authority waves compulsory pilotage, the owner, master, or person in charge of a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area, not under the conduct of a licensed pilot or the holder of a pilotage certificate, is guilty of an offence, and section 48 of the Pilotage Act stipulates that every person who fails to comply with the Act or regulations is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Contact

Dennis McLennan, Chief Executive Officer, Pacific Pilotage Authority, 1000-1130 West Pender Street, Vancouver, British Columbia V6E 4A4, (604) 666-6771 (Telephone), (604) 666-1647 (Facsimile), mclennan@ppa.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 20(3) of the Pilotage Act, that the Pacific Pilotage Authority, pursuant to subsection 20(1) of that Act, proposes to make the annexed Regulations Amending the Pacific Pilotage Regulations.

Any person who has reason to believe that the proposed Regulations are not in the public interest may file a notice of objection setting out the grounds therefor with the Minister of Transport within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Captain Jules St-Laurent, Manager, Pilotage, Marine Personnel Standards and Pilotage (ASMP), Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5. (Tel.: (613) 998-0697; fax: (613) 990-1538; e-mail: stlaurj@tc.gc.ca)

Ottawa, March 29, 2003

DENNIS B. MCLENNAN

Chief Executive Officer

Pacific Pilotage Authority

REGULATIONS AMENDING THE PACIFIC PILOTAGE REGULATIONS

AMENDMENTS

1. (1) The definitions "deck watch officer", "regularly employed" and "senior watch keeping deck officer" in section 2 of the Pacific Pilotage Regulations (see footnote 1)  are repealed.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

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

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

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

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

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

"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)

"Second Narrows Movement Restriction Area" means that part of Area 2 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; (périmètre de déplacement restreint de Second Narrows)

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

2. Sections 4 and 5 of the Regulations are replaced by the following:

4. (1) In this section, the required days of service must have been served in the region by the holder of a certificate of a master, ship of not more than 350 tons, gross tonnage, or tug, local voyage or a certificate that entitles its holder to not less than the same rights and privileges as that certificate on a ship of 25 gross tons or more engaged in the coastal trade or in catching, processing or transporting fish.

(2) The Authority may approve familiarization trips that consist of voyages in compulsory pilotage areas on board a ship on which an applicant for a licence or pilotage certificate is accompanied by a licensed pilot.

(3) An applicant for a licence or pilotage certificate shall have served

(a) as a master of a ship for not less than 730 days of service;
(b) as a master of a ship for not less than 365 days of service and have served as a person in charge of the deck watch on board a ship for not less than 547 additional days of service; or
(c) as a person in charge of the deck watch on board a ship for not less than 1095 days of service and have completed not less than 20 familiarization trips within the 24 months before the date of application.

(4) A minimum of 100 of the days of service required by subsection (3) must have been served within the 24 months before the date of application.

(5) An applicant for a licence or pilotage certificate for Area 1 must have served a minimum of 250 of the days of service required by subsection (3) in Area 1.

(6) An applicant for a licence or pilotage certificate for Areas 2 to 5 must have served the days of service required under subsection (3) in at least two of these Areas.

Certificates

5. (1) The Authority shall prepare and maintain a list of recognized marine training institutions that have, taking into account the established practices and requirements of the domestic and international marine industry, the curriculum and personnel necessary to enable an applicant for a licence or pilotage certificate to obtain the certificates referred to in subparagraphs (2)(b)(i) to (iv).

(2) In addition to the certificates and licences required by subsection 10(4) and section 11 of the General Pilotage Regulations, an applicant or a holder of a licence or a pilotage certificate shall hold

(a) a continued proficiency certificate issued in accordance with section 58 of the Marine Certification Regulations; and
(b) a training certificate indicating that they have successfully completed, at a recognized marine training institution, a course
(i) in marine emergency duties for senior officers,
(ii) in bridge resource management,
(iii) in simulated electronic navigation, level 2, and
(iv) in automatic radar plotting aids after September 1, 1989.

3. Sections 7 to 15 of the Regulations are replaced by the following:

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 over 350 gross tons 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 ship as defined in section 2 of the Canada Shipping Act; or
(b) a ferry

Waiver of Compulsory Pilotage

10. (1) The Authority may 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;
(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; or
(f) the ship is warping and is not utilising its engines or a tug except as a line boat for the handling of the ship's lines.

(2) If a pilot boarding station is within a compulsory pilotage area, the Authority may waive compulsory pilotage in order to allow a ship

(a) to enter the compulsory pilotage area to embark a licensed pilot at the pilot boarding station; or
(b) to leave the compulsory pilotage area after a licensed pilot has been disembarked at the pilot boarding station.

(3) Subject to subsections (4) to (6), the Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons if all persons in charge of the deck watch

(a) hold certificates of competency of the proper class and category of voyage for the ship that are required under Part 1 or 2 of the Crewing Regulations;
(b) have served either 150 days of service in the preceding 18 months or 365 days of service in the preceding 60 months, of which 60 days must have been served in the preceding 24 months, at sea as a person in charge of the deck watch on one or more ships on voyages in the region or engaged in the coastal trade; and
(c) have served as a person in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on one or more occasions during the preceding 24 months.

(4) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 below the New Westminster railway bridge if all persons in charge of the deck watch

(a) meet the conditions set out in subsection (3); and
(b) have completed five return voyages with a licensed pilot through that portion of Area 1 within the 24 months before the application.

(5) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 above the New Westminster railway bridge if all persons in charge of the deck watch

(a) meet the conditions set out in subsection (3); and
(b) have completed 10 return voyages with a licensed pilot through that portion of Area 1 within the 24 months before the application.

(6) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons carrying dangerous goods and travelling in the Second Narrows Movement Restriction Area if all persons in charge of the deck watch

(a) meet the conditions set out in subsection (3); and
(b) have completed six return voyages with a licensed pilot through that Area, one of which was completed within the 24 months before the application.

(7) For the purposes of subsections (3) to (6), 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 qualifies for a waiver of compulsory pilotage.

(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, between May 1 and October 1 of each year;
(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 tons of the ship; and
(c) any other information required by the Authority to ensure safe navigation.

Source Cards

14. If a licensed pilot boards a ship, the person in charge of the deck watch shall

(a) inform the pilot of the draft and gross tons of the ship and give the pilot any other information that the pilot requires to complete the source card supplied by the Authority; and
(b) sign and return the completed source card when it is presented to them by the pilot on completion of the pilotage service.

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.

4. Subsection 24(2) of the Regulations is replaced by the following:

(2) The fee for an examination is $250, payable in advance, $150 of which must be refunded to a candidate who fails the written portion of the examination.

5. Subsection 25(1) of the Regulations is replaced by the following:

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 that was placed 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 that was placed 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.

6. Section 26 of the Regulations is replaced by the following:

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.

7. Section 29 of the Regulations and the heading before it are replaced by the following:

Marine Occurrence Report

29. If a ship that is subject to compulsory pilotage or in respect of which a waiver has been granted is involved in a marine occurrence, the person in charge of the deck watch at the time of the marine occurrence shall, at the earliest opportunity, submit to the Authority a full report of the marine occurrence on a report form provided by the Authority for that use.

COMING INTO FORCE

8. These Regulations come into force on the day on which they are registered.

[13-1-o]

Footnote 1 

C.R.C., c. 1270

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