Canada Gazette

The Atlantic Pilotage Authority (the APA) is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic Provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap-d'Espoir.

In accordance with section 20 of the Pilotage Act (the Act), a pilotage authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objectives and, in accordance with section 33 of the Act, a pilotage authority shall, with the approval of the Governor in Council, make regulations prescribing tariffs of pilotage charges to be paid to the Authority.

The proposed amendments to the Atlantic Pilotage Authority Non-compulsory Area Regulations (the Regulations) are intended to allow the APA to unilaterally licence pilots to provide pilotage services in the non-compulsory waters of the Gulf of St. Lawrence and adjacent waters. This service is requested by the shipping industry during winter months, when the waters of the Gulf become ice-infested and treacherous.

For many years, the APA has provided experienced, qualified ice pilots to the shipping community at their request to guide vessels during the winter ice season. These pilots were licensed jointly by the APA under the Regulations and by the Laurentian Pilotage Authority (LPA) under the Laurentian Pilotage Authority District No. 3 Regulations. Under these two complementary regulations, a board of examiners was established with representatives from both Pilotage Authorities. Both Authorities would then issue licences to the successful candidates with the same geographical description on each. The last examination of this type took place in 1991, and the LPA has indicated that they are not prepared to participate in further examinations. As a result, the number of pilots available to the APA for this vital service has declined through the retirement of licence holders.

The proposed amendments will also allow for unilateral examination of pilot candidates for licences that will be in effect only within waters administered by the APA. The current Regulations refers to geographical areas under the jurisdiction of both the APA and the LPA. It is the intention of the APA to allow those pilots that have been licenced under the old joint examination system to retain their dual licences.

The proposed amendments are not expected to have any significant operational or financial impact on the APA's activities. The proposed amendment to subsection 16(2) of the Regulations, which deals with tariffs, flows from the repeal of the defined term "pilotage area" and does not affect the existing tariff structure.

The APA could have retained the status quo with the Regulations making reference to the LPA with respect to geographical area covered, and with respect to the composition of the examining board. However, without the participation of the LPA, the APA would be unable to examine new candidates. There are only three duly licenced pilots to provide this service at this time, and the numbers continue to decline as pilots reach retirement.

Regarding the proposed amendments detailing the qualifications and experience required to obtain a licence for the non-compulsory waters. The purpose of this licence is to ensure the candidate has sufficient experience to pilot ships in the ice-congested, non-compulsory waters of the Gulf of St. Lawrence, New Brunswick, Nova Scotia and Prince Edward Island. The licence will only be issued to already qualified harbour pilots.

The present Regulations are jointly administered by both the APA and the LPA and extend beyond the limits of the APA limits. The APA needs to be able to administer licensing pilots for its own area, without the involvement of another Authority.

The proposed amendments will not have any impact on industry but will ensure that pilots offering their services for conducting vessels in the ice-infested waters of Atlantic Canada will be properly experienced and qualified for these conditions.

In accordance with The 1999 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a Strategic Environmental Assessment (SEA) of this amendment was conducted, in the form of a preliminary scan. The SEA concluded that the proposed amendments are not likely to have important environmental implications.

The proposed amendments are intended to address administrative changes in the examination process for non-compulsory area pilots that currently span the jurisdictions of the two Authorities (LPA and APA). As the amendments are administrative in nature and affect only the two Authorities, the APA has consulted only with the LPA. These discussions were initiated by a letter from the APA to the LPA in August 2004.

Sections 42, 44 and 45 of the Act provide the necessary enforcement mechanisms with respect to the regulatory requirements for the provision of pilots.

Captain R. A. McGuinness, Chief Executive Officer, Atlantic Pilotage Authority, Cogswell Tower, Suite 910, 2000 Barrington Street, Halifax, Nova Scotia B3J 3K1, 902-426-2550 (telephone), 902-426-7333 (fax), tmcguinness@atlanticpilotage.com (email).

Notice is hereby given, pursuant to subsections 20(3) and 34(1) (see footnote a) of the Pilotage Act, that the Atlantic Pilotage Authority proposes, pursuant to subsection 20(1) of that Act, to make the annexed Regulations Amending the Atlantic Pilotage Authority Non-compulsory Area Regulations.

Interested persons who have reason to believe that any provision of the proposed Regulations that establishes a compulsory pilotage area or that prescribes the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet is not in the public interest may, pursuant to subsection 21(1) of the Pilotage Act, file a notice of objection with the Minister of Transport, Infrastructure and Communities setting out the grounds therefor within 30 days after the date of publication of this notice. In addition, interested persons may make representations concerning the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 30 days after the date of publication of this notice. Each notice of objection or representation must be clearly marked as a notice of objection or representation, cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Captain Jules St-Laurent, Manager, Marine Personnel Standards and Pilotage, Marine Safety Directorate, Department of Transport, Place de Ville, Tower B, 4th Floor, 112 Kent Street, Ottawa, Ontario K1A 0N5 (tel.: 613-998-0697; fax: 613-990-1538; e-mail: stlaurj@tc.gc.ca).

Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act (see footnote b), may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Canadian Transportation Agency, Ottawa, Ontario K1A 0N9.

Persons filing objections or making representations should identify any portions of their notices of objection or representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the portions of the notices of objection or representations should not be disclosed. They should also identify any portions of the notices of objection or representations for which there is consent to disclosure for the purposes of that Act.

REGULATIONS AMENDING THE ATLANTIC PILOTAGE AUTHORITY NON-COMPULSORY AREA REGULATIONS

1. The definition "pilotage area" in section 2 of the Atlantic Pilotage Authority Non-compulsory Area Regulations (see footnote 1) is repealed.

2. (1) Paragraphs 5(2)(a) to (f) of the Regulations are replaced by the following:

(a) within 90 days prior to the date of examination, have been found medically fit to perform pilotage duties in accordance with the General Pilotage Regulations;

(b) be the holder of a certificate of competency at a level not lower than Master, Intermediate Voyage, unlimited as to tonnage, or an equivalent certificate as determined under the authority of the Canada Shipping Act;

(c) be the holder of a pilot's licence for one or more of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority;

(d) be the holder of SEN I and SEN II Certificates or, within the three years prior to the day on which the licence is to be issued, have successfully completed both a SEN I course and a Radar Simulator course;

(f) have had sea service as master or deck watch officer on the bridge of a ship in non-compulsory waters, with experience navigating in ice; and

(4) Every person who is the holder of a pilot's licence for at least one of the compulsory pilotage areas in the waters administered by the Atlantic Pilotage Authority is qualified to be the holder of a licence if

(a) in accordance with the requirements of the General Pilotage Regulations, the person has been found medically fit to perform pilotage duties;

(b) within the last three years, the person has had sea service as a master or deck watch officer on the bridge of a ship or has performed the duties of a pilot on board a ship in non-compulsory waters;

6. An applicant for a licence or the holder of a licence, during the time that he or she holds the licence, shall

(a) hold in a valid and subsisting condition every certificate or pilot's licence that is required under section 5 to be held in order to obtain the licence;

(b) have local knowledge of non-compulsory waters, including knowledge of all tides, currents, depths of water, anchorages and aids to navigation;

(c) have up-to-date knowledge of the Joint Industry Coast Guard Guidelines for the Control of Oil Tankers and Bulk Chemical Containers in Ice Control Zones of Eastern Canada, the Notices to Mariners, the Notices to Shipping and the marine regulations that apply in non-compulsory waters, including

(i) the Collision Regulations,

(ii) the Eastern Canada Vessel Traffic Services Zone Regulations, and

(iii) the Act and any regulations made under the Act to the extent that they apply to pilotage;

(d) have a good record of ship handling in ice and in the performance of pilotage duties in non-compulsory waters

(i) in the case of an applicant for a licence, during the three year period immediately preceding the making of the application for the licence, and

(ii) in the case of the holder of a licence, at any time during an immediately preceding three year period; and

(e) meet the health qualifications set out in the General Pilotage Regulations.

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

(a) one representative of the Authority who is a certified master mariner and who shall be the Chairman of the Board of Examiners; and

(b) one pilot, licensed by the Authority, who has local knowledge of non-compulsory waters.

(3) Subject to subsection (4), an applicant for a licence shall be given an opportunity to be examined by the Board of Examiners if the applicant meets the requirements of

(b) the Atlantic Pilotage Authority Regulations, other than the examination referred to in section 19 of those Regulations; and

7. Paragraphs 10(1)(b) to (d) of the Regulations are replaced by the following:

(b) the navigation and handling of ships under the various conditions that occur in non-compulsory waters;

(d) any other matters that are relevant to a determination as to whether the candidate meets the requirements of these Regulations, the Atlantic Pilotage Authority Regulations and the General Pilotage Regulations.

8. Paragraphs 12(1)(b) and (c) of the Regulations are replaced by the following:

(b) a licence issued under the authority of the Act, other than a licence as defined in these Regulations and held by that person, was suspended under section 27 of the Act; or

(c) that person was convicted of an offence under paragraph 249(1)(b), paragraph 253(a) or (b) or subsection 259(4) of the Criminal Code.

9. Section 14 of the Regulations and the heading before it are replaced by the following:

14. (1) If the Authority issues a licence to a person under these Regulations, the Authority shall endorse the licence to show that it is issued in respect of non-compulsory waters.

(2) The holder of a licence that was issued under these Regulations may perform pilotage duties in non-compulsory waters.

14.1 The holder of a licence that was issued under the Laurentian Pilotage Authority District No. 3 Regulations may perform pilotage duties in non-compulsory waters if

(b) the licence was endorsed under the Laurentian Pilotage Authority District No. 3 Regulations for non-compulsory waters; and

(c) apart from having taken the examination referred to in section 10, the holder meets all the requirements of these Regulations.

10. In section 15 of the Regulations, the expression "Regional Director General, Canadian Coast Guard" is replaced by the expression "Regional Director, Marine Safety, Department of Transport".

(2) Subject to subsections (3) to (5), the pilotage charge for a trip in non-compulsory waters is $8.71 per pilotage unit and $4.4105 per time factor.

18. If any conflict exists between these Regulations and the General Pilotage Regulations or the Atlantic Pilotage Authority Regulations, these Regulations shall prevail to the extent of the conflict.

13. The English version of the Regulations is amended by replacing the word "where" with the word "if" wherever it occurs in the following provisions, with any modifications that the circumstances require:

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