pa9 - Laurentian Pilotage Tariff Regulations

"berth" means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor.

"breadth", in respect of a ship, means the maximum distance, in metres and centimetres, between the outside edges of the shell platings of the ship.

"Corporation" means a body corporate with which the Authority contracts pursuant to subsection 15(2) of the Pilotage Act for the services of licensed pilots in District No. 2.

"dead ship" means a self-propelled ship that, because of a mechanical breakdown or other cause related to the operation of the ship, is under tow, but does not include a ship warped from one berth to another by means of mooring lines attached to a wharf, the shore or a mooring buoy, or a ship stopped on account of ice.

"deck watch officer" means a person who has the immediate charge of the navigation and safety of a ship, but does not include a pilot.

"depth", in respect of a ship, means the vertical distance, in metres and centimetres, at amidships from the top of the keel plate to the uppermost continuous deck that extends fore and aft and to the sides of the ship. For the purposes of this definition, a tonnage opening, engine space or a step in the deck is not regarded as interrupting the continuity of the deck.

"District No. 1" means all waters between the northern entrance to Saint-Lambert Lock and a line running across the St. Lawrence River at longitude 71°08' W.

"District No. 1-1" means all waters between the northern entrance to Saint-Lambert Lock and a line running east and west across the St. Lawrence River at the northernmost tip of Sainte-Thérèse Island.

"District No. 2" means all waters between a line running across the St. Lawrence River at longitude 71°20' W and a line running across the St. Lawrence River bearing 121° (True) at latitude 48°20'48" N and longitude 69°23'24" W, including the Saguenay River.

"draught" means the greatest depth of the submerged part of a ship, in metres and centimetres, at the time pilotage services are performed.

"length", in respect of a ship, means the distance, in metres and centimetres, from the foremost to the aftermost point of the hull of a ship, excluding the bowsprit.

"movage" means the piloting of a ship within the geographical limits of a harbour set out in Schedule 1, whether the ship is moved from one berth to another or is returned to the same berth, but does not include

(a) the manoeuvring of a ship that is leaving the wait wall at Saint-Lambert Lock to enter the lock or is leaving the lock, unless the pilot boards the ship for the purpose of carrying out the manoeuvre; or

(b) the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, the shore or a mooring buoy, unless the services of a pilot are used at the request of the owner, master or agent of the ship.

"pilot boarding station" means a place where a pilot embarks or disembark from a ship at Les Escoumins, Port Alfred, Chicoutimi, Québec, Trois-Rivières, Sorel-Tracy, Lanoraie or Montréal.

(a) the length, and

(b) the breadth multiplied by 7.5.

"time factor" means the result obtained by multiplying the draught of a ship by the number of hours, or parts of an hour, during which the ship is underway under the conduct of a pilot, but does not include any period during which charges are payable pursuant to items 6 to 10 of Schedules 2.

"trip" means the piloting of a ship from one point to another within the region of the Authority, but does not include a movage, a docking or undocking.

"unit", in respect of a ship, means the result obtained by multiplying the tariff length of the ship by its breadth and depth, dividing by 850 and rounding to the nearest hundredth.

2. (1) A pilotage charge payable to the Authority for a pilotage service set out in column 1 of Schedule 2 that is provided in a district set out in column 2 of that Schedule is calculated based on the information provided on the pilotage service form under sub-section 7(1) and is equal to the sum of the following:

(a) the basic charge set out in column 3,

(b) the charge per unit set out in column 4,

(d) the number of chargeable hours of service multiplied by the charge per hour or part of an hour set out in column 6.

(2) The pilotage charge is subject to the minimum charge set out in column 7 of Schedule 2 and the maximum charge in column 8.

(3) Subject to subsection (4) and section 4, a pilotage charge is multiplied by the number of pilots used in performing the pilotage service.

(4) The pilotage charge is determined on the basis of the services of only one pilot in respect of the following pilotage services:

(a) the pilotage of a ship that is likely to be underway for more than 11 consecutive hours in District No. 2;

(b) an anchoring;

(d) a docking and an undocking.

3. A pilotage charge is adjusted in accordance with subsection 7(4) if there is a discrepancy between the information provided on a pilotage service form and the information contained in the documents listed in that subsection.

4. (1) If a single tug tows or pushes one or more unmanned barges, scows or ships, pilotage charges are payable and are determined

(a) in respect of the tug, on the basis of the units of the tug; and

(b) in respect of each barge, scow asnd ship being towed or pushed, on the basis of the units of each barge, scow and ship.

(2) If more than one tug is used to tow or push one or more unmanned barges, scows or ships, pilotage charges are payable and are determined

(a) in respect of the lead tug, on the basis of the units of that tug multiplied by the number of pilots on that tug;

(b) in respect of each assisting tug, on the basis of their units; and

(c) in respect of each barge, scow and ship being towed or pushed, on the basis of their units multiplied by the number of pilots on board each of them.

Pilotage Charges for Travel and Other Expenses

5. If a pilot is required to embark or disembark a ship at a place other than a pilot boarding station, travel and other expenses reasonably incurred by the pilot are payable as a pilotage charge.

6. (1) If a pilot boat that is owned by the Authority is used to embark or disembark a pilot at a pilot boarding station, a pilotage charge in an amount equal to the cost incurred by the Authority in providing the service is payable.

(2) If a boat is hired by the Authority to serve as a pilot boat for embarking or disembarking a pilot, a pilotage charge in an amount equal to the cost incurred by the Authority in providing the service, including the cost of hiring the pilot boat, is payable.

6.1 A surcharge of 4.9 per cent is payable on each pilotage charge payable under section 2 for a pilotage service provided in District No. 1 until the proceeds of the surcharge total $4,316,000.

7. (1)With the assistance of the master or the deck watch officier of the ship, the pilot must complete the pilotage service form provided by the Authority.

(2) The master or deck watch officer must sign the completed form, after which the form must not be altered.

(3) The pilote must then sign the pilotage service form in the presence of the master or deck watch officer and deliver it to the Authority as soon as possible.

(4) If a discrepancy occurs between the information provided on the pilotage service form and the information contained in the following documents, the particulars of a ship are those contained, in order of priority, in

(a) the official papers of the ship;

(b) the Register of Ships published by Lloyd's Register of Shipping; or

8. (1) Subject to subsection (3), a trip begins from the time that the ship is underway and one of the following events occurs:

(a) the ship enters the region of the Authority after the pilot has embarked;

(b) the ship leaves a berth in a port or leaves a place within the region of the Authority after the pilot has embarked at the port or place, except if the ship is in transit and there is a change of pilot at Trois-Rivières;

(d) a pilot embarks to replace a pilot who has performed an undocking as a result of a request by a master, owner or agent of the ship for a pilot designated by the Corporation to perform an undocking;

(e) the ship leaves a wharf or pier to which it was secured in a harbour, or another ship to which it was secured, after the pilot referred to in paragraph (a) or (b) has embarked; or

(f) a trial trip ends.

(a) the ship enters Saint-Lambert Lock;

(b) the ship leaves the region of the Authority;

(c) the pilot referred to in paragraph (1)(a), (b), (c) or (d) leaves the ship, except if the ship is in transit and there is a change of pilot at Trois-Rivières;

(d) a pilot embarks a ship to perform a docking as a result of a request by a master, owner or agent of the ship for a pilot designated by the Corporation to perform the docking;

(e) the ship is secured at a wharf or pier in a harbour, unless the ship is secured at the wait wall at Saint Lambert Lock;

(f) the ship is secured to another ship;

(g) the ship is anchored or is unable to move on account of ice while waiting for a berth within the limits of a harbour if the ship is later moved within the limits of the same harbour; or

(h) a trial trip begins.

(3) A change of pilots at Trois-Rivières, or the anchoring or securing of the ship, on the pilot's advice, at a wharf or pier at Trois-Rivières owing to navigational restrictions, does not have the effect of beginning or ending a trip.

9. For the purposes of determining if a pilotage charge for the detention of a pilot, as described in item 6 of Schedule 2, is payable, a pilot is detained if

(a) the pilot is waiting at a pilot boarding station because of a mechanical breakdown or another reason related to the operation of the ship; or

(b) the pilot is on board a ship that is

(i) at anchorage, at a wharf or at a pier,

(ii) unable to move on account of ice or for any other reason,

(iii) compelled to remain stopped as a result of a mechanical breakdown, or

(iv) waiting for a berth at the end of a trip.

SCHEDULE 1

1. For the purposes of the definition of "movage" in section 1 of these Regulations, the harbours and their geographical limits are as follows:

(a) Bécancour
All waters located within the following boundaries: latitude 46º24'01" N and longitude 72º22'46" W; latitude 46º24'18" N and longitude 72º23'51" W; latitude 46º25'04" N and longitude 72º22'29" W; and latitude 46º24'07" N and longitude 72º22'27" W;

(b) Chicoutimi
All waters located westerly of a line bearing 011° (true) and running across the Saguenay River at latitude 48°22'59" N, longitude 70°45' 00" W;

(c) Contrecoeur
All waters located withing the following boundaries: latitude 45°49'36" N and longitude 73°17'16" W; latitude 45°49'48" N and longitude 73°17'34" W; latitude 45° 50'30" N and longitude 73°16'45" W; and latitude 45°50'18" N and longitude 73°16'27" W;

(d) Gros-Cacouna
All waters located within the following boundaries: latitude 47°52'28" N and longitude 69°32'58" W; latitude 47°53'16" N and longitude 69°35'42" W; latitude 47°59'42" N and longitude 69°31'58" W; and latitude 47°57'32" N and longitude 69°27'06" W;

(e) La Baie
All waters located westerly of a line bearing 315° (true) running across the Saguenay River at latitude 48°20' 58" N, longitude 70°42' 06"W;

(f) Montréal
All waters between the northern entrance to Saint Lambert Lock and a line running east and west across the St. Lawrence River at the northernmost tip of Sainte-Thérèse Island;

(g) Pointe-au-Pic
All waters located within the following boundaries: latitude 47°40'36" N and longitude 70°03'45" W; latitude 47°40'00" N and longitude 70°02'36" W; latitude 47°35'00" N and longitude 70°08'17" W; and latitude 47°35'56" N and longitude 70°10' 06" W;

(h) Québec
All waters located between a line running across the St. Lawrence River bearing 345° (true) at latitude 46°43'40" N, longitude 71°20'08" W and a line running across the St. Lawrence River bearing 350° (true) at latitude 46°49'42" N, longitude 71°07'48" W;

(i) Rivière-du-Loup
All waters located between the following boundaries: latitude 47°46'02" N and longitude 69°36'40" W; latitude 47°46'48" N and longitude 69°39'25" W; latitude 47°52'16" N and longitude 69°35'42" W, and latitude 47°52'28" N and longitude 69°32'58" W;

(j) Sorel-Tracy
All waters located between a line running across the St. Lawrence River bearing 285° (true) at latitude 45°08'00" N, longitude 73°11'30" W and a line running across the St. Lawrence River bearing 317° (true) at latitude 46°06'55" N, longitude 72°57'09" W; and

(k) Trois-Rivières
All waters located between a line running across the St. Lawrence River bearing 333° (true) at latitude 46°l7'06" N, longitude 72°35'06" W and a line running across the St. Lawrence River bearing 352° (true) at latitude 46°22'35" N, longitude 72°26'21" W.

SCHEDULE 2

¹ The number of chargeable hours of service is calculated from the later of the time for which the pilotage services are requested and the time the pilot reports for pilotage duty until the time of cancellation.

Established by SOR 2001-84 in the Statutes of Canada 2001.

SOR/2001-84 15 February, 2001 pursuant to subsection 33(1) of the Pilotage Act, comes into force February 15, 2001.

SOR/2002-83 21 February, 2002 pursuant to subsection 33(1) of the Pilotage Act, comes into force February 21, 2002.

The expression "(district)" at the end of the definition "circonscription" in section 1 of the French version is replaced; the heading "Pilotages Charges for the Years 2001 and 2002" before section 2 of the English version is replaced.

SOR/2003-9 12 December, 2002 pursuant to subsection 33(1) of the Pilotage Act, comes into force January 1st 2003.

The heading "Pilotage Charges for the Years 2001 and 2002" before section 2 is repealed; the portion of subsection 2(1) before paragraph (a) is replaced; schedules 2 and 3 are replaced; the regulation is amended by replacing the expression "Schedule 2 or 3" with the expression "Schedule 2" wherever it occurs in (a) the definition "time factor" in section 1; (b) subsection 2(2); and (c) the portion of section 9 before paragraph (a).

SOR/2003-360 6 November, 2003 pursuant to subsection 33(1) of the Pilotage Act, comes into force January 1st 2004.

The portion of subsection 2(1) before paragraph (a) is replaced; The portion of items 1 to 11 of Schedule 2 in columns 3 to 8 is replaced.

SOR/2004-313 14 December, 2004 pursuant to subsection 33(1) of the Pilotage Act, comes into force January 1st 2005.

Paragraph 8(1)(e) of the French version is replaced; The portion of item 4 of Schedule 2 in Column 1 is replaced; The portion of items 1 to 11 of Schedule 2 in columns 3 to 8 is replaced.

SOR/2005-81 5 April, 2005 pursuant to subsections 33(1) and 35(5) of the Pilotage Act, comes into force 5 April 2005.

SOR/2005-162 May 31, 2005 pursuant to subsection 33(1) of the Pilotage Act, comes into force July 1, 2005.

SOR/2006-130 June 28, 2006 pursuant to subsection 33(1) of the Pilotage Act, comes into force June 8, 2006.

SOR/2006-339 December 14, 2006 pursuant to subsection 33(1) of the Pilotage Act, comes into force January 1, 2007.

SOR/2007-23 February 1, 2007 pursuant to subsection 33(1) of the Pilotage Act, comes into force February 1, 2007.

PILOTAGE ACT

Laurentian Pilotage Tariff Regulations

SOR/2001-84

Laurentian Pilotage Tariff Regulations

SCHEDULE 1

SCHEDULE 2

Established by SOR 2001-84 in the Statutes of Canada 2001.