Canada Gazette

The Laurentian Pilotage Authority (the Authority) is responsible for administering, in the interest of navigation safety, an efficient pilotage service within Canadian waters in and around the province of Quebec, north of the northern entrance to the Saint-Lambert Lock, except for the waters of Chaleur Bay, south of Cap-d'Espoir. In addition, pursuant to subsection 20(1) of the Pilotage Act (the Act), the Authority may, with the approval of the Governor in Council, make regulations necessary for carrying out its objectives, including regulations prescribing the qualifications that a holder of any class of licence or pilotage certificate shall meet and the manner for determining whether a person meets such qualifications. It's also setting out the conditions for issuing apprentice pilot permits, conditions for holders of licences and pilotage certificates and conditions for the training and assessment of those who apply for or hold licences or pilotage certificates.

A study on pilotage workforce needs in the coming years relating to apprentice pilots commissioned by the Authority revealed that the existing regulatory framework is not conducive to meeting demand for pilotage services in upcoming years. The conditions set out in the Laurentian Pilotage Authority Regulations (the Regulations) are needlessly restrictive in the current context and do not put enough emphasis on experience related to exercising the duties of a ship master. These requirements also significantly reduce the size of the pool of apprentice pilot candidates.

The Authority must therefore ensure that the pool of qualified candidates is large enough to respond to various traffic growth scenarios. In recent years, overall traffic growth in the St. Lawrence region was 4.3%, 8.6% and 4.7%, which in turn significantly increased the average workload of operational pilots. Apprentice candidates must have solid experience and the skills required to successfully complete their two years of training so as to provide the shipping industry with safe, efficient pilotage services.

The Authority proposes to amend the Regulations to increase the size of the pool of apprentice candidates, while recruiting qualified officers. The proposed amendments are in line with the standards set out in the General Pilotage Regulations and are further based on the conditions imposed by other Canadian pilotage authorities for the same purposes.

One of the amendments sought would consist in replacing the requirement of holding a diploma of collegial studies from the Institut maritime du Québec by an attestation that the candidate has successfully completed a navigation officer cadet program approved by the Department of Transport of Canada. An attestation would not be required if the candidate has 18 months of experience as a master of a ship with a gross registered tonnage (GRT) of more than 1 600 tons. The attestation or experience demonstrates that the apprentice pilot has the general knowledge and ability required for pilotage training. It also provides opportunities in the St. Lawrence region for graduates of marine training institutes approved by the Department of Transport of Canada to take up this occupation.

It is also proposed that the current requirement that apprentice pilot permit candidates for Districts No. 1 and No. 2 must hold a certificate of competency not lower than master, intermediate voyage, be amended. This rule excludes most Canadian ship masters who navigate only on the St. Lawrence River and the Great Lakes, many of whom hold only a certificate of competency of master, local voyage. The amendment seeks to require at least a master's certificate, local voyage, with 18 months of experience as a ship master. This requirement also applies to holders of licences for the Port of Montreal District. The Authority is increasing the prerequisites for the other districts, while increasing the pool of potential candidates from which it could recruit apprentice pilots.

The minimum size of ships for candidates' service at sea is also being changed from 2 400 GRT to 1 600 GRT. Experience has shown that the current minimum size is arbitrary in that there appears to be no link between the size of vessels on board which service at sea was acquired and the ability of pilots to navigate large vessels on the St. Lawrence River. Whether a pilot's initial experience is on a vessel of 2 400 GRT or 1 600 GRT appears to have no impact on their ability to navigate vessels up to 10 000 GRT. The Authority wishes to retain the 1 600 GRT minimum size, as these vessels are subject to the same regulations and international agreements as vessels that navigate the St. Lawrence River. Experience acquired on ships with a GRT of 1 600 to 2 400 tons is therefore pertinent and sufficient for apprentice pilot training. There is no specific limit as to the size of vessels for the service at sea required of apprentices hired by other pilotage authorities.

The Authority also proposes to administer a general knowledge test before apprentice pilot permits are issued, rather than during training. The purpose of the test is to assess knowledge previously acquired by candidates that is not covered in pilotage training. It is therefore more logical to impose a passing mark on the test as a condition for being issued an apprentice permit. Furthermore, the scope of this test will be redefined. As for the notice to be given prior to recruiting new apprentices, it may be posted on the Authority's Web site only.

The proposed regulations include the possibility of holders of pilotage certificates obtaining apprentice pilot permits without being subject to conditions they already met when obtaining their pilotage certificates. The pilotage experience they acquired with respect to their certificates also satisfies the requirement of having served as a ship master and reduces their training time to 12 months.

Lastly, the board of examination may set up examinations in accordance with the Authority's requirements rather than twice a year, at given times.

Considering that the Laurentian Pilotage Authority Regulations establish the conditions that must be met by the holder of a pilot licence or pilotage certificate of a given class, and that the same Regulations also set out the method of assessing whether an applicant for a pilot licence or pilotage certificate meets the established conditions, there is no other solution but to amend the Laurentian Pilotage Authority Regulations through the normal channel.

The proposed amendments would increase the size of the pool of candidates eligible for pilotage training and amend regulatory requirements that are now unjustified, given the conditions under which the occupations of master, officer and ship's pilot exercise their functions. The occupation of pilot could therefore be part of the career plans of a greater number of qualified seamen, without adversely affecting the quality of apprentices. The Authority will, therefore, be better able to meet the needs of users and replace retiring pilots. The proposed changes do not entail any additional cost for the Authority.

In accordance with the 2004 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 amendment would not have a significant environmental impact.

In 2006, the Authority consulted the union representing pilots employed by the Port of Montreal, as well as the Corporation of Mid St. Lawrence Pilots and the Corporation of the Lower St. Lawrence Pilots regarding admission requirements for pilot apprenticeship and pilotage training. Documents and correspondence were exchanged for the purpose of determining the changes to be made. However, the pilot corporations expressed reservations about the proposed amendments, notably with respect to the exclusivity of the Institut maritime du Québec and the master's certificate of competency.

The Authority also consulted associations representing users, namely the Shipping Federation of Canada and the Canadian Shipowners Association, which stated that although they were satisfied with the current Regulations, they understood the need to increase the size of the pool of candidates so as to ensure their needs are met.

Section 45 of the Act provides the enforcement mechanism for the Regulations. It states that no customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid.

Section 48 of the Act sets out penalties for non-compliance, notably a fine of up to $5,000.

Mr. Réjean Lanteigne, Chief Executive Officer, Laurentian Pilotage Authority, 555 René-Lévesque Boulevard W, Suite 1501, Montréal, Quebec H2Z 1B1, 514-283-6320 (telephone), 514-496-2409 (fax).

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

Interested persons who have reason to believe that a 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 for the objection 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, Nautical Certification and Pilotage, Marine Personnel Standards and Pilotage, 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).

Interested persons 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 there should be no disclosure. 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.

1. (1) Paragraph 19(1)(b) of the Laurentian Pilotage Authority Regulations (see footnote 1) is replaced by the following:

(i) for at least one year, while holding a Class B licence for that District, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that District, or

(ii) during the 12 months before the day on which the licence is issued, while holding a Class A licence for that part of District No. 1 between Montréal and Trois-Rivières, and completed during that period at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1.

(2) Paragraphs 19(2)(b) and (c) of the Regulations are replaced by the following:

(b) within 90 days before the oral test portion of the examination referred to in paragraph (a), have been declared medically fit to perform pilotage duties in accordance with the General Pilotage Regulations; and

(i) served as an apprentice pilot holding a Class D apprentice pilot permit for that District and while so serving have completed during a period of not less than four months but not more than six months, 200 movages in that District, or

(ii) completed during the 12 months before the day on which the license is issued, while holding a Class B licence for District No. 1, at least two-thirds of the average number of pilotage assignments completed by licensed pilots for that part of District No. 1 between Montréal and Trois-Rivières.

4. Subsection 25(1) of the Regulations is amended by adding the word "and" at the end of paragraph (d), by striking out the word "and" at the end of paragraph (e) and by repealing paragraph (f).

26. When recruiting apprentices for a particular district, the Authority shall publish, not less than 30 days before the deadline for receiving applications, on their Internet site or in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentices that are needed for the district and the date by which the applications must be received.

(d) have served as master of a ship that is over 1 600 tons gross tonnage for at least 18 months during the 60 months before the day on which the application is made;

(2) Section 26.1 of the Regulations is amended by adding the word "and" at the end of paragraph (e) and by adding the following after paragraph (e):

(f) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of pilotage in the Laurentian Pilotage Authority Region, including knowledge of the legislation applicable to pilotage in that region and knowledge of ships, navigational instruments, mapping, meteorology and the calculation of tides.

7. Paragraphs 26.2(c) and (d) of the Regulations are replaced by the following:

(i) provide an attestation establishing that the applicant has successfully completed a cadet training program in navigation approved by the Minister and listed in the document entitled Approved Training Courses (TP 10655), published by the Department of Transport, as amended from time to time, or

(ii) have served as a master of a ship of more than 1 600 tons gross tonnage for at least 18 months during the 60 months before the day on which the permit is issued;

(d) be the holder of a certificate of competency not lower than master, local voyage, and have served as

(i) master or deck watch officer of a ship of more than 1 600 tons gross tonnage for at least 10 of the 24 months before the day on which the permit is issued, and

(ii) master or deck watch officer with a certificate of competency appropriate to a ship of more than 1 600 tons gross tonnage for at least 24 months during the 60 months before the day on which the permit is issued, 18 months of which were served as master of a ship if the applicant holds a master local voyage certificate of competency; and

(e) obtain a mark of at least 70% on a written test given by the Board of Examiners on general knowledge of pilotage in the Laurentian Pilotage Authority Region, including knowledge of the legislation applicable to pilotage in that region and knowledge of ships, navigational instruments, mapping, meteorology and the calculation of tides.

26.4 (1) An applicant for a Class D apprentice pilot permit for District No. 1-1 who holds a pilotage certificate for that district is exempt from the requirements of paragraphs 26.1(a), (b) and (f) and 26.3(a) and (b).

(2) An applicant for a Class D apprentice pilot permit for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, is exempted from the requirements of paragraphs 26.2(a) to (c) and (e) and 26.3(a) and (b).

(3) Despite paragraph 20(3)(c), an applicant for a Class C licence for District No. 1 or District No. 2, or any part of those districts, who holds a pilotage certificate for the district or part of the district in respect of which they are an applicant, shall have served at least 12 months as an apprentice and holder of a Class D apprentice pilot permit in the appropriate District.

10. The heading before section 28 of the Regulations is replaced by the following:

(a) conduct the examination referred to in subsection (2.1) or (3) of the applicants referred to in paragraph (1)(a), as the case may be;

(2) Paragraph 28(2)(c) of the French version of the Regulations is replaced by the following:

c) faire subir aux titulaires visés à l'alinéa (1)c) un examen sur les exigences visées aux alinéas 25(1)c) ou d).

(3) Section 28 of the Regulations is amended by adding the following after subsection (2):

(2.1) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

(4) The portion of subsection 28(3) of the Regulations before paragraph (b) is replaced by the following:

(3) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

(a) a first written test on general knowledge of pilotage in the Laurentian Pilotage Authority Region, including knowledge of the legislation applicable to pilotage in that region and knowledge of ships, navigational instruments, mapping, meteorology and the calculation of tides;

(c) a language test to demonstrate that the applicant is able to carry out the duties of a pilotage certificate holder effectively in English and French.

(7) Section 28 of the Regulations is amended by adding the following after subsection (5):

(5.1) An applicant who obtains a mark of less than 70% on the oral test shall repeat the written and oral test on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

(8) The portion of subsection 28(6) of the Regulations before paragraph (a) is replaced by the following:

(6) Despite subsection (4), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (3)(a) and (b) if

(b) in the case of an applicant who takes the tests referred to in subsection (2.1) or who attends the training and successfully completes the tests referred to in subsection (6), have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of a licence.

29. (1) An applicant who fails one or more of the tests referred to in paragraphs 26.1(f) and 26.2(e) and subsection 28(2.1) three times is no longer eligible to take those tests.

(2) An applicant who fails one or more of the tests referred to in subsection 28(3) three times is no longer eligible to take those tests.

(3) An applicant who fails the tests referred to in paragraph 28(6)(b) three times is no longer eligible to take those tests.

13. (1) The portion of subsection 30(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

30. (1) Le jury d'examen qui fait subir les examens pour l'obtention de brevets est nommé par l'Administration et est composé des personnes suivantes :

(2) Subparagraph 30(1)(b)(i) of the Regulations is replaced by the following:

(i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, except in the case of the written tests set out in paragraphs 26.1(f) and 26.2(e), and

(3) The portion of subsection 30(2) of the French version of the Regulations before subparagraph (a)(i) is replaced by the following:

(2) Le jury d'examen qui fait subir les examens pour l'obtention de certificats de pilotage est nommé par l'Administration et est composé des personnes suivantes :

a) trois titulaires d'un certificat de compétence non inférieur à celui de capitaine, voyage intermédiaire, lesquels sont :

32. The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Authority considers it appropriate to meet their needs.

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