GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
General Pilotage Regulations — 1
1 The definitions in this section apply in these Regulations. Act means the Pilotage Act . ( Loi ) applicant means an applicant for a licence or pilotage certificate. ( demandeur ) arrangement of ships means a number of ships travelling together that are joined by lines or other means. ( ensemble de navires ) certificate [Repealed, SOR/2012-80, s. 1] deck watch officer [Repealed, SOR/2012-80, s. 1] designated physician means a physician who is (a) knowledgeable about pilotage duties; and (b) designated by a Minister or who practises medicine in an occupational medicine clinic that is designated by a Minister. ( médecin désigné ) gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( jauge brute ) holder means a holder of a licence or pilotage certificate. ( titulaire ) physician means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. ( médecin ) pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( embarcation de plaisance ) TP 11343 [Repealed, SOR/2012-80, s. 1] SOR/2012-80, s. 1 SOR/2022-114, s. 1 SOR/2022-114, s. 8
General Pilotage Regulations — General Pilotage Regulations
applicant means an applicant for a licence or pilotage certificate. ( demandeur )
General Pilotage Regulations — General Pilotage Regulations
arrangement of ships means a number of ships travelling together that are joined by lines or other means. ( ensemble de navires )
General Pilotage Regulations — General Pilotage Regulations
certificate [Repealed, SOR/2012-80, s. 1]
General Pilotage Regulations — General Pilotage Regulations
deck watch officer [Repealed, SOR/2012-80, s. 1]
General Pilotage Regulations — (a)
designated physician means a physician who is (a) knowledgeable about pilotage duties; and (b) designated by a Minister or who practises medicine in an occupational medicine clinic that is designated by a Minister. ( médecin désigné )
General Pilotage Regulations — General Pilotage Regulations
gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( jauge brute )
General Pilotage Regulations — General Pilotage Regulations
holder means a holder of a licence or pilotage certificate. ( titulaire )
General Pilotage Regulations — General Pilotage Regulations
physician means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. ( médecin )
General Pilotage Regulations — General Pilotage Regulations
pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( embarcation de plaisance )
General Pilotage Regulations — 2
2 (1) Every applicant or holder shall undergo a medical examination, at the time or within the interval prescribed in this subsection, conducted by a designated physician to determine their physical and mental fitness for pilotage duties (a) in the case of an applicant, before the licence or certificate is issued; and (b) in the case of a holder, at least once every two years. (2) Paragraph (1)(a) does not apply to an applicant who intends to perform pilotage duties in an area in a pilotage region and (a) who is the holder of a valid licence or pilotage certificate for another area in the same pilotage region; and (b) whose medical report is valid. (3) An applicant or holder is physically and mentally fit for pilotage duties if the applicant or holder (a) does not suffer from any of the disabilities referred to in subsection 3(1); and (b) meets the medical standards referred to in subsection 3(2). (4) Despite subsection (1), an applicant or holder shall undergo additional medical examinations if the designated physician requires the additional examinations in order to monitor the physical or mental fitness of the applicant or holder. SOR/2002-314, s. 1(E); SOR/2012-80, s. 2
General Pilotage Regulations — 3
3 (1) The designated physician conducting a medical examination shall determine whether the applicant or holder has any of the following disabilities: (a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise; (b) a disorder that could prevent the applicant or holder from reacting effectively while performing pilotage duties; (c) a disorder that could prevent the applicant or holder from having the strength, agility or ability necessary for performing pilotage duties in all weather and sea conditions likely to be encountered while performing pilotage duties; (d) a disorder that could prevent the applicant or holder from speaking in a clear and prompt manner while performing pilotage duties; (e) a condition that could endanger others, taking into account the duration of pilotage duties and the conditions on board ship; (f) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or (g) an active psychiatric disorder, including drug or alcohol dependence or abuse. (2) The designated physician conducting a medical examination shall (a) take into account, when assessing an applicant or holder, the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations ; and (b) determine if the applicant or holder has depth perception. SOR/2002-314, s. 2; SOR/2012-80, s. 3
General Pilotage Regulations — 4
4 (1) A designated physician shall, after completing the medical examination of an applicant or holder, issue a medical report to the Minister. (2) The designated physician shall set out in the medical report an assessment of the applicant or holder as (a) unfit for pilotage duties; (b) fit for pilotage duties with limitations; or (c) fit for pilotage duties without limitations. (3) A designated physician who assesses an applicant or holder as fit for pilotage duties with limitations shall state those limitations in the medical report. SOR/2022-114, s. 8
General Pilotage Regulations — 5
5 (1) Unless a re-examination is required under section 6, and subject to subsection (2), a medical report remains valid for a period of not more than two years beginning on the day of its issuance. (2) A physician may, taking into account the state of health of the applicant or holder examined in relation to pilotage duties, issue a medical report that specifies a shorter period of validity than the period prescribed in subsection (1). SOR/2012-80, s. 4
General Pilotage Regulations — 6
6 (1) The Minister may at any time require a medical re-examination if (a) the Minister has reasonable grounds to believe that the state of health of the applicant or holder may constitute a risk to the safety of the ship or of persons on board the ship; or (b) the applicant or holder requests it. (2) An applicant or holder who has reasonable grounds to believe that they are no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Minister and request a medical re-examination. SOR/2012-80, s. 5 SOR/2022-114, s. 3
General Pilotage Regulations — 7
7 (1) An applicant or holder who disagrees with the medical report may, within 15 days after being informed of its content, make a request in writing to the Minister to submit to a medical examination by a physician chosen by the applicant or holder. (2) The physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5. (3) If the physician disagrees with the assessment of the designated physician, the Minister shall, on the recommendation of both physicians, appoint a third physician to conduct a medical examination of the applicant or holder. (4) The physician appointed by the Minister shall conduct the medical examination and make a medical report in accordance with sections 3 to 5. (5) The report of the appointed physician is final and binding on the Minister and the applicant or holder. SOR/2022-114, s. 4 SOR/2022-114, s. 8
General Pilotage Regulations — 8
8 A holder who is required to use an aid to vision or hearing in order to meet the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations shall, while performing pilotage duties, (a) use the aid; (b) in the case of an aid to vision, possess at least two of them; and (c) in the case of an aid to hearing, possess replacement batteries for it. SOR/2012-80, s. 6
General Pilotage Regulations — 12
12 (1) An applicant shall have accumulated the following sea service: (a) subject to subsection (2), within the five years before the date of the application, sea service on board ships engaged on voyages in the area in which the applicant intends to perform pilotage duties that would give the applicant a general knowledge of that area; and (b) at least 12 months as master of a ship or at least 24 months as the person in charge of the deck watch of a ship. (2) In the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority or the Great Lakes Pilotage Authority, the accumulated sea service need not be in that area. (3) Subsection (1) does not apply in the case of an applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority if the applicant is the holder of a valid licence or pilotage certificate for another area in that region. (4) For the purposes of paragraph (1)(b), a person is in charge of the deck watch of a ship if the person has the immediate charge of the navigation, communications and safety of the ship and holds a certificate that authorizes him or her to do so. SOR/2012-80, s. 8
General Pilotage Regulations — 13
13 (1) A licence shall be in Form 1 of Schedule 1. (2) A pilotage certificate shall be in Form 2 of Schedule 1.
General Pilotage Regulations — 14
14 (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the Minister the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm × 70 mm, that was taken within the previous six months. (2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the Minister shall affix the photograph to the licence or pilotage certificate and return it to the holder. SOR/2022-114, s. 6
General Pilotage Regulations — 22
22 This Division sets out the provisions applicable to the Atlantic Pilotage Authority’s region that are in addition to the ones set out in Part 1. SOR/2022-114, s. 6
General Pilotage Regulations — 22.1
22.1 The following definitions apply in this Division. Board of Examiners means the persons appointed under subsection 22.28(4) to conduct examinations for any class of licence or pilotage certificate. ( jury d’examen ) movage means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. ( déplacement ) offshore supply vessel means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations. ( navire ravitailleur au large ) person in charge of the deck watch means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes them to do so. ( personne chargée du quart à la passerelle ) pilot dispatch office means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners , published by the Canadian Coast Guard. ( bureau d’affectation des pilotes ) SOR/2022-114, s. 6
General Pilotage Regulations — General Pilotage Regulations
Board of Examiners means the persons appointed under subsection 22.28(4) to conduct examinations for any class of licence or pilotage certificate. ( jury d’examen )
General Pilotage Regulations — General Pilotage Regulations
movage means the moving of a ship within a pilotage area, whether the ship is moved from one berth to another or is returned to the same berth, but does not include the warping of a ship from one berth to another solely by means of mooring lines attached to a wharf, to the shore or to a mooring buoy, unless a pilot is employed. ( déplacement )
General Pilotage Regulations — General Pilotage Regulations
offshore supply vessel means a highly manoeuvrable ship that is designed for the supply of offshore oil and gas installations. ( navire ravitailleur au large )
General Pilotage Regulations — General Pilotage Regulations
person in charge of the deck watch means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes them to do so. ( personne chargée du quart à la passerelle )
General Pilotage Regulations — General Pilotage Regulations
pilot dispatch office means the Atlantic Pilotage Authority Dispatch Office as set out in the most recent annual edition of the Notices to Mariners , published by the Canadian Coast Guard. ( bureau d’affectation des pilotes )
General Pilotage Regulations — 22.2
22.2 The areas described in Schedule 2 are established as compulsory pilotage areas within the Atlantic Pilotage Authority’s region. SOR/2022-114, s. 6
General Pilotage Regulations — 22.3
t Latitude 44°39′50″N., Longitude 63°35′30″W., thence on a bearing of 063° (True) for a distance of 380 m, and thence on a bearing of 335° (True) to shore. (7) Despite subsection (1), a ship that is less than 15,000 gross tonnage is not subject to compulsory pilotage within the portion of the Voisey’s Bay compulsory pilotage area described in paragraph 2(a) of Part 2 of Schedule 2 (Zone A, Outer). (8) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 22.2 if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons: (a) the seaworthiness of the ship; (b) unusual conditions on board the ship; (c) operations being conducted by the ship; or (d) weather conditions, tides, currents or ice. SOR/2022-114, s. 6
General Pilotage Regulations — 22.4
22.4 (1) For the purposes of section 22.5, the following area within the region of the Atlantic Pilotage Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part 1 of Schedule 2 plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W. (2) For the purposes of sections 22.5 and 22.6, Canaport marine facilities means the Canaport marine facilities — both offshore and onshore — at Mispec, in New Brunswick. SOR/2022-114, s. 6
General Pilotage Regulations — 22.5
22.5 A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities is subject to compulsory pilotage within the Saint John compulsory pilotage area. SOR/2022-114, s. 6
General Pilotage Regulations — 22.6
22.6 (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W. (2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W. SOR/2022-114, s. 6
General Pilotage Regulations — 22.7
22.7 If a boarding station is within a compulsory pilotage area, the Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in either of the following circumstances: (a) the ship is entering the compulsory pilotage area to embark a licensed pilot at the boarding station; or (b) the ship is leaving the compulsory pilotage area after it has disembarked a licensed pilot at the boarding station. SOR/2022-114, s. 6
General Pilotage Regulations — 22.8
22.8 The Atlantic Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances: (a) the ship is engaged in rescue operations; (b) the ship is entering a compulsory pilotage area for refuge; (c) owing to weather or ice conditions, a licensed pilot is unable to board the ship without causing undue delay to the normal passage of the ship in the compulsory pilotage area; or (d) the ship is in distress. SOR/2022-114, s. 6
General Pilotage Regulations — 22.9
22.9 (1) Subject to subsection (2), the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances: (a) no licensed pilot is available to perform pilotage duties; or (b) one or more licensed pilots refuse to perform pilotage duties for any reason other than the safety of the ship. (2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 22.13 to 22.15 and the application for waiver contains the following information: (a) the name, nationality, call sign, draught and gross tonnage of the ship; (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area; (c) the nature of any cargo on board the ship; (d) whether the master of the ship is familiar with the route and the marine traffic regulating system in the compulsory pilotage area; and (e) whether the master of the ship is prepared to proceed without the services of a pilot. SOR/2022-114, s. 6
General Pilotage Regulations — 22.10
22.10 (1) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances: (a) the ship is necessary for carrying out (i) dredging work, (ii) the construction, laying or maintenance of an underwater pipeline or cable or of other similar facilities, (iii) underwater engineering work other than that referred to in subparagraph (i) or (ii), (iv) the construction of a wharf, pier, building or other infrastructure along a shoreline, or (v) work related to any work or operations set out in subparagraphs (i) to (iv); (b) the ship is engaged in salvage operations; (c) the ship is engaged in the movement of a barge within 100 m of a wharf, pier or shoreline; or (d) the ship is an offshore supply vessel that is engaged in operations within 150 m of its operations base. (2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver. (3) A waiver under this section shall be issued in writing. (4) If safe navigation will not be impeded, the Atlantic Pilotage Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once. SOR/2022-114, s. 6
General Pilotage Regulations — 22.11
22.11 The Atlantic Pilotage Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation. SOR/2022-114, s. 6
General Pilotage Regulations — 22.12
22.12 The Atlantic Pilotage Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if (a) a condition of the waiver is not met; or (b) the operations of the ship impede safe navigation. SOR/2022-114, s. 6
General Pilotage Regulations — 22.13
22.13 (1) The owner, master or agent of a ship that is to arrive in a compulsory pilotage area shall, (a) at least 12 hours before the estimated time of arrival of the ship, give a notice of the estimated time (Greenwich Mean Time) of arrival of the ship; and (b) in the time set out by the Atlantic Pilotage Authority in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard for the particular compulsory pilotage area concerned, give a notice confirming or correcting the estimated time of arrival. (2) The notice required under paragraph (1)(a) shall be given (a) by calling the pilot dispatch office; or (b) by calling a Canadian Coast Guard radio station to request that the notice be relayed to the pilot dispatch office. SOR/2022-114, s. 6
General Pilotage Regulations — 22.14
22.14 The owner, master or agent of a ship that is to depart from, or make a movage within, a compulsory pilotage area shall, in the time set out by the Atlantic Pilotage Authority for that area in the most recent annual edition of the Notices to Mariners published by the Canadian Coast Guard, give a notice to the pilot dispatch office of the estimated time of departure or movage of the ship. SOR/2022-114, s. 6
General Pilotage Regulations — 22.15
22.15 (1) In giving the notice required under paragraph 22.13(1)(a), the owner, master or agent of the ship shall state (a) the name, nationality, call sign, draught and registered gross tonnage of the ship; and (b) the immediate and ultimate destinations of the ship within the compulsory pilotage area. (2) Where the ship has on board a pilotage certificate holder who is certified for the compulsory pilotage area through which the ship is to sail, a notice required under section 22.13 or 22.14 shall state (a) the name of the pilotage certificate holder and the certificate number; and (b) the information required under paragraphs (1)(a) and (b). SOR/2022-114, s. 6
General Pilotage Regulations — 22.16
22.16 The Atlantic Pilotage Authority is not required to provide a ship with the services of a pilot if the owner, master or agent of the ship has not given the notices in accordance with sections 22.13 to 22.15. SOR/2022-114, s. 6
General Pilotage Regulations — 22.17
22.17 (1) The Minister may issue Class A, Class B, and Class C licences and Class A, Class B, and Class C pilotage certificates. (2) The holder of a licence or pilotage certificate shall not perform pilotage duties on a ship that exceeds the gross tonnage limit endorsed on the licence or certificate by the Minister. (3) The Minister may endorse any gross tonnage limit over 40,000 on a Class A licence or Class A pilotage certificate. (4) The Minister may endorse a gross tonnage limit not to exceed 40,000 on a Class B licence or Class B pilotage certificate. (5) The Minister may endorse a gross tonnage limit not to exceed 10,000 on a Class C licence or Class C pilotage certificate. SOR/2022-114, s. 6
General Pilotage Regulations — 22.18
22.18 An apprentice pilot who holds an apprentice permit may, under the supervision of a licensed pilot, undertake pilotage training on board any ship regardless of size. SOR/2022-114, s. 6
General Pilotage Regulations — 22.19
22.19 A licence or pilotage certificate that is issued by the Minister for a compulsory pilotage area and that has the name of that area endorsed on it authorizes its holder to perform pilotage duties only in that area. SOR/2022-114, s. 6
General Pilotage Regulations — 22.20
22.20 The Minister shall endorse on a pilotage certificate the gross tonnage and class of the ship on board of which the holder is authorized to perform pilotage duties. SOR/2022-114, s. 6