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PILOTAGE ACTGreat Lakes Pilotage RegulationsSOR/79-48
REGULATIONS RESPECTING THE ESTABLISHMENT, OPERATION, MAINTENANCE AND ADMINISTRATION OF PILOTAGE SERVICES WITHIN THE GREAT LAKES PILOTAGE AUTHORITY REGION
Short Title1. These Regulations may be cited as the Great Lakes Pilotage Regulations.
Interpretation2. In these Regulations,
"Act" « Loi » "Act" means the Pilotage Act;
"Authority" « Administration » "Authority" means the Great Lakes Pilotage Authority;
"Board of Examiners" « jury d'examen » "Board of Examiners" means a Board of Examiners established pursuant to section 14;
"breadth" « largeur » "breadth" means, in respect of a ship, the maximum breadth in metres to the outside of the shell plating of the ship;
"Chairman" « président » "Chairman" Repealed by SOR/2004-215;
"deck watch officer" « officier de quart à la passerelle » "deck watch officer" means a person who has the immediate charge of the navigation and security of a ship, but does not include a pilot;
"depth" « creux » "depth" means, in respect of a ship, the vertical distance in metres at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, that extends to the sides of the ship and, for the purpose of this definition, the continuity of a deck is deemed not to be affected by the existence of tonnage openings, engine spaces or a step in the deck;
"gross registered tons" « tonneaux de jauge brute au registre » "gross registered tons" means the gross tonnage stated in the certificate of registry or tonnage certificate of a ship and where the ship has more than one gross registered tonnage, means the largest gross registered tonnage of that ship;
"length" « longueur » "length" means, in respect of a ship, the distance in metres between the fore and aft extremities of the ship;
"movage" « déplacement » "movage" means the shifting of a ship from one place to another within the confines of a port but does not include shifting carried out solely by means of ship's lines for the purpose of loading or unloading cargo or clearing berthing space for use by another ship;
"region" « région » "region" means the Great Lakes Pilotage Authority Region described in the schedule to the Act;
"supervisor" « surveillant » "supervisor" Repealed by SOR/2004-215;
"Vice-Chairman" « vice-président » "Vice-Chairman" Repealed by SOR/2004-215. Compulsory Pilotage Areas3. The following areas are established as compulsory pilotage areas:
Compulsory Pilotage4. (1) Subject to subsection (2), every ship of more than 300 gross registered tons is subject to compulsory pilotage unless it is
(2) Where two or more ships are being pushed or towed and the total length of those ships including the length of the towing lines is equal to or exceeds 79.25 m, each of those ships is subject to compulsory pilotage.
Waiving of Compulsory Pilotage5. (1) The Authority may waive compulsory pilotage in respect of a ship if
(2) A waiver under paragraph (1)h) is valid only if it is provided by the the Authority in writting and may be made subject to the condition that a licensed pilot be engaged for the overall supervision of the ships specified in the waiver, in which case the waiver does not apply unless the licensed pilot is so engaged.
United States Pilots6. (1) Subject to subsection (2), where Canadian waters are contiguous with waters of the United States, a ship subject to compulsory pilotage may be under the conduct of a person who is duly authorized to have such conduct by an appropriate authority of the United States. (2) Subsection (1) does not apply unless persons holding licences or pilotage certificates under the Act and any regulations made pursuant to the Act are granted similar authority by the Government of the United States for the United States waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in the Province of Quebec.
Navigation in the Compulsory Pilotage Areas7. The Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause,
Notice of Requirement for a Pilot8. (1) Subject to subsection (2), the owner, agent or master of a ship that requires the services of a pilot shall advise a person at the nearest pilot office of the Authority of the time the pilot will be required to be on board the ship at least 12 hours before the pilot is so required, and shall confirm the time 4 hours before the pilot is so required. (2) A notice required by subsection (1) may be waived with the permission of an officer of the Authority.
Exchange of Pilots at Iroquois Lock8.1 (1) A ship that is under the conduct of a licensed pilot and is transiting International District No. 1 shall exchange pilots at Iroquois Lock if
(2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock.
Pilotage Certificates9. A pilotage certificate issued by the Authority permits its holder to have the conduct of the ship of whose complement the holder is a regular member in each compulsory pilotage area in respect of which the pilotage certificate was issued.
Apprentice Pilots10. An apprentice pilot may undertake shipboard pilotage training on any ship, regardless of its size, under the supervision of a licensed pilot.
Endorsements11. (1) A licence or pilotage certificate shall be endorsed in respect of any restrictions or appropriate qualifications pertaining to the holder thereof. (2) A licence or pilotage certificate permits the holder thereof to have the conduct of a ship in every compulsory pilotage area endorsed thereon subject to any restrictions and qualifications endorsed thereon.
Qualifications of Applicants12. (1) Subject to subsection (2), every applicant for a licence or pilotage certificate shall
(2) In addition to the requirements of subsection (1), every applicant for a licence for
(3) Paragraph (1)(b), (d.1) and (e) do not apply to an applicant for a pilotage certificate under section 12 of the General Pilotage Regulations who
(4) Paragraph (1)(e) does not apply to an applicant for a licence for an area within the region where the applicant is, on the date of his application for the licence, the holder of a licence for another area within the region.
Examinations13. (1) The examination required by paragraph 12(1)(b) shall be conducted at a place or places determined by the Authority and notice of the examination shall be communicated by the Authority to every applicant for a licence or pilotage certificate. (2) The examination required by paragraph 12(1)(b) shall relate to the applicant's knowledge of
(3) In addition to the matters referred to in paragraphs (2)(a) to (g), the examination required by paragraph 12(1)(b) shall relate to
Board of Examiners14. (1) Subject to subsection (2), the Board of Examiners shall consist of one or two officers of the Authority, one of whom shall be Chairperson of the Board, and
(2) Where two officers of the Authority are appointed members of the Board of Examiners, three licensed pilots shall be appointed under paragraph (1)(a) or three persons each holding a licence or a pilotage certificate shall be appointed under subparagraph (1)(b)(i). (3) The members of the Board of Examiners shall be appointed by the Authority. (4) The Chairperson of the Board of Examiners shall report to the Authority the results of every examination, including
Fees15. (1) The fee for an examination of an applicant for a licence or pilotage certificate is $500. (2) The fee for issuing a licence or pilotage certificate is $250.
Qualifications for Holders of Licences and Pilotage Certificates16. (1) Every holder of a licence or pilotage certificate shall
Further Training17. A holder of a licence or pilotage certificate shall, at the direction of the Authority or the Minister, undergo further training
Shipping Casualty18. (1) Where an incident occurs whereby a ship in a compulsory pilotage area
and a holder of a licence or pilotage certificate was on board the ship at the time the incident occurred, such holder and any other person who had the conduct of the ship at the time shall report the incident forthwith by the fastest available means to the Authority. (2) Every report referred to in subsection (1) shall set out all information in respect of the incident that is known to the person making the report, including any pollution or threat of pollution. (3) Where any report referred to in subsection (1) cannot be made directly to the Authority, it shall be made to the nearest maritime traffic control centre. (4) Every person who makes a report referred to in subsection (1) shall, as soon as possible after making the report, attend before an officer of the Authority and make a written report of the incident on a form provided by the officer. (5) Every report made under subsection (1) or (4) shall be confidential and shall not be released by the Authority to any person without the prior consent of the person who made the report.
Established by the CONSOLIDATED REGULATIONS OF CANADA, 1978amended by SOR/79-48 27 December, 1978 pursuant to section 14 of the Pilotage Act Subsection 4(2); and paragraphs 5(2)(e) and (f) of the French version.
SOR/80-15 20 December, 1979 pursuant to paragraph 14(1)(f) of the Pilotage Act Subsection 12(2)(a) and (a.1); and section 12 by adding subsection (4).
SOR/81-63 9 January, 1981 pursuant to section 14 of the Pilotage Act Subsection 4(2); and Subsection 15(1).
SOR/83-256 21 March, 1983 pursuant to paragraph 14(1)(c) of the Pilotage Act Section 4.
SOR/2004-215 30 September, 2004 pursuant to subsection 20(1) of the Pilotage Act, comes into force on September 30, 2004 The definitions "Chairman", "supervisor" and "Vice-Chairman" in section 2 are repealed; the definition "Authority" in section 2 is replaced; the definition "movage" in section 2 of the English is replaced; the definitions "breadth", "depth" and "length" in section 2 are amended by replacing the word "feet" with the word "metres"; paragraph 3(b) of the English is replaced; paragraph 3(f) the English is replaced; section 5 is replaced; paragraph 7(b) is replaced; section 9 is replaced; section 10 and the heading before it are replaced; subsection 11(2) of the French is replaced; paragraphs 12(1)(a) to (d) are replaced; the portion of subsection 12(3) before paragraph (a) is replaced; subparagraph 14(1)(b)(ii) is replaced; subsection 14(3) is replaced; section 15 is replaced; paragraph 16(1)(b) is replaced; paragraphs 16(1)(c) to (e) of the English are replaced; paragraph 17(a) of the English is replaced; paragraph 17(b) is replaced; paragraph 18(1)(a) of the English is replaced; subsections 18(3) and (4) are replaced; the English version is amended by replacing the word "Chairman" with the word "Chairperson" in (a) subsection 14(1) and (b) subsection 14(4).
SOR/2007-95 3 May 2007 pursuant to subsection 20(1) of the Pilotage Act, comes into force on May 3, 2007 Section 1 of the French version is replaced; Section 8.1 is added after Section 8; in the French version the term "Grand lacs" is replaced by the term "Grands Lacs" wherever it occurs in: (a) the definition of "région" in section 2; (b) subparagraph 4(1)(c)(ii); (c) subparagraph 4(1)(d)(i); and (d) subsection 6(2).
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