GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
General Pilotage Regulations — 22.21
22.21 (1) In addition to meeting the navigational and health qualifications set out in Part 1, an applicant for a licence or pilotage certificate shall (a) hold a Restricted Operator’s Certificate (ROC-MC); (b) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications; (c) be declared, not less than 14 days and not more than 180 days before the date of any examination referred to in paragraph (b), medically fit to perform pilotage duties in accordance with the requirements set out in Part 1; (d) have a degree of proficiency in the English language sufficient to carry out their pilotage duties; (e) have local knowledge of each pilotage area in which they intend to perform pilotage duties, including knowledge of the tides, currents, depths of water, anchorages and aids-to-navigation; (f) have knowledge of harbour and other marine regulations that apply in each pilotage area in which they intend to perform pilotage duties, including, in so far as they apply in each of the pilotage areas, knowledge of the Collision Regulations , the Act and the regulations made under it; and (g) have a record of safe ship handling and navigation. (2) The holder of a licence or pilotage certificate shall (a) obtain a mark of at least 70% in any examination conducted by a Board of Examiners with respect to their qualifications; (b) continue to meet the qualifications set out in paragraphs (1)(d) to (g); and (c) continue to hold every certificate that they were required to hold in order to obtain the licence or pilotage certificate. SOR/2022-114, s. 6
General Pilotage Regulations — 22.22
22.22 (1) In addition to meeting the experience at sea qualifications set out in Part 1, an applicant for a licence or pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application, have either (a) served on voyages in the compulsory pilotage area for (i) at least 18 months as master, (ii) at least one year as the person in charge of the deck watch and at least one year as master, or (iii) at least three years as the person in charge of the deck watch; or (b) completed in the compulsory pilotage area (i) at least 30 one-way trips as master, (ii) at least 20 one-way trips as master and 20 one-way trips as the person in charge of the deck watch, or (iii) at least 60 one-way trips as the person in charge of the deck watch. (2) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience. (3) Instead of meeting the additional experience at sea qualifications set out in subsection (1), an applicant for a pilotage certificate for a compulsory pilotage area set out below may, within the two-year period immediately before the date of the application, have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience: (a) the Miramichi or Restigouche compulsory pilotage area in New Brunswick; (b) the Bay of Exploits, Voisey’s Bay, Humber Arm or Stephenville compulsory pilotage area in Newfoundland and Labrador; and (c) the Pugwash compulsory pilotage area in Nova Scotia. SOR/2022-114, s. 6
General Pilotage Regulations — 22.23
22.23 (1) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship: (a) the Saint John compulsory pilotage area in New Brunswick; (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia. (2) In addition to meeting the additional experience at sea qualifications set out in section 22.22, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship. (3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if (a) the applicant submits the application within the six-month period after the day on which the area was established as a compulsory pilotage area; and (b) the applicant provides the Board of Examiners with documents establishing that, within the five-year period before the day on which the area was established as a compulsory pilotage area, the applicant was in the area while being on the bridge of a ship that is subject to compulsory pilotage under section 22.3. SOR/2022-114, s. 6
General Pilotage Regulations — 22.24
22.24 (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years: (a) the Saint John compulsory pilotage area in New Brunswick; (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia. (2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years. (3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if (a) the Atlantic Pilotage Authority determines that the level of marine traffic in the compulsory pilotage area was not high enough to permit the holder to complete the required number of trips within the period referred to; (b) the holder successfully completes a familiarization program established by that Authority; and (c) the holder demonstrates to that Authority that, within the period referred to, they have gained experience equivalent to the number of trips required for that area. SOR/2022-114, s. 6
General Pilotage Regulations — 22.25
22.25 (1) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years: (a) the Saint John compulsory pilotage area in New Brunswick; (b) the Placentia Bay or St. John’s compulsory pilotage area in Newfoundland and Labrador; and (c) the Cape Breton or Halifax compulsory pilotage area in Nova Scotia. (2) Subject to section 22.34, the pilotage certificate holder for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years. SOR/2022-114, s. 6
General Pilotage Regulations — 22.26
22.26 The holder of a licence or pilotage certificate shall, on request, provide the Minister with documents confirming that the holder meets, as applicable, the requirements of sections 22.24 and 22.25. SOR/2022-114, s. 6
General Pilotage Regulations — 22.27
22.27 No person shall be the holder of a licence or pilotage certificate if within the year immediately preceding the date of their application to become a holder, they have been convicted of (a) an offence under the Act; (b) an offence under section 320.13 of the Criminal Code ; or (c) an offence under section 320.14 of the Criminal Code . SOR/2022-114, s. 6
General Pilotage Regulations — 22.28
22.28 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the applicant to a Board of Examiners for an examination. (2) For the purpose of determining whether the holder of a licence or pilotage certificate meets the qualifications set out in these Regulations, the Minister shall refer the holder to a Board of Examiners for an examination. (3) Every examination shall be conducted at the time and place determined by the Minister and notice of the examination shall be communicated by the Minister to every applicant for a licence or pilotage certificate. (4) Subject to subsection (5), a Board of Examiners shall be appointed by the Atlantic Pilotage Authority and shall consist of one representative of that Authority, who shall be the Chairperson of the Board, and of two pilots who are licensed for the compulsory pilotage area in question. (5) The licensed pilots referred to in subsection (4) may be replaced as follows: (a) if a pilot who is licensed for the compulsory pilotage area in question is unavailable, they may be replaced by a pilot who is knowledgeable about that area but is licensed for another compulsory pilotage area; and (b) if a replacement examiner described in paragraph (a) is unavailable, they may be replaced by a pilot who is knowledgeable about a compulsory pilotage area that has similar navigational characteristics to the compulsory pilotage area in question but is licensed for another compulsory pilotage area. (6) The Atlantic Pilotage Authority may appoint a person as an observer who is knowledgeable about each pilotage area where the applicant for or holder of a licence or pilotage certificate is to perform pilotage duties to observe the conduct of any examination by the Board of Examiners and that person may, following the examination, file with the Chairperson of that Authority a written report on the conduct of the examination. SOR/2022-114, s. 6
General Pilotage Regulations — 22.29
22.29 An applicant for a licence or pilotage certificate shall, not less than 14 days and not more than 60 days before the date of the examination, provide the Minister with (a) documents establishing that the applicant is a Canadian citizen or a permanent resident as set out in subsection 38.1(3) of the Act; (b) the applicant’s birth certificate or other official document showing the applicant’s date and place of birth; (c) documents establishing the applicant’s navigational qualifications; (d) documents confirming, in the case of an applicant for a pilotage certificate, that they meet the experience at sea qualifications set out in sections 22.22 and 22.23; (e) the medical report referred to in section 4; and (f) a letter of recommendation that includes information about the applicant’s history of ship handling and navigation from (i) the applicant’s most recent employer, if the applicant was employed by that employer for two years or more, or (ii) each of the applicant’s two most recent employers, if the applicant was employed by the most recent employer for less than two years. SOR/2022-114, s. 6
General Pilotage Regulations — 22.30
22.30 The examinations conducted by the Board of Examiners may include questions in relation to the following: (a) local knowledge of the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including knowledge of tides, currents, depths of water, anchorages, aids to navigation and the marine traffic regulating system; (b) practical knowledge of the interpretation of radar; (c) knowledge of the harbour and other marine regulations that apply in the pilotage area in which the applicant intends to perform pilotage duties or for which the holder’s licence or pilotage certificate was issued, including, insofar as they apply in that pilotage area, knowledge of the Collision Regulations , the Act and the regulations made under it; (d) knowledge of the handling of ships that are within the tonnage restriction for the class of licence or pilotage certificate held or applied for; and (e) the duties, responsibilities and obligations of a pilot including the use of modern navigational instruments for pilotage purposes. SOR/2022-114, s. 6
General Pilotage Regulations — 22.31
22.31 (1) The Chairperson of the Board of Examiners shall report to the Minister the results of every examination, including (a) the name of each person who passed the examination; (b) the class of licence that each person who passed the examination is entitled to; and (c) the class of pilotage certificate that each person who passed the examination will receive. (2) The Atlantic Pilotage Authority shall, when requested by any person who fails an examination, provide that person with a report indicating the reason they failed. SOR/2022-114, s. 6
General Pilotage Regulations — 22.32
22.32 The minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time is one, except if the Atlantic Pilotage Authority determines that, due to the conditions or nature of the voyage, the ship requires more than one person to perform pilotage duties on the ship, in which case the minimum number is two. SOR/2022-114, s. 6
General Pilotage Regulations — 22.33
22.33 If a licence or a pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or pilotage certificate shall, if they wish to have the licence or certificate reinstated, take further training that will enable them to continue to meet the qualifications set out in paragraphs 22.21(1)(e) to (g) of these Regulations. SOR/2022-114, s. 6
General Pilotage Regulations — 22.34
22.34 If the pilotage certificate holder for a compulsory pilotage area is unable to meet the applicable qualification set out in section 22.25, they shall take further training to ensure that their knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification. SOR/2022-114, s. 6
General Pilotage Regulations — 22.35
22.35 (1) In the case of a ship involved in an incident in a compulsory pilotage area, the holder of a licence or pilotage certificate who was performing pilotage duties on that ship shall immediately report to the Minister by the fastest means available all known details of the incident including any pollution or threat of pollution in the case where the ship (a) causes the loss of or damage to any other vessel or property located in or adjacent to the waters in that area, whether or not loss or damage results to the ship; or (b) is damaged, stranded, lost or abandoned or is in any manner involved in an incident that may directly or indirectly cause damage to or pollution of the surrounding environment. (2) If the report referred to in subsection (1) is not in writing, the holder of the licence or pilotage certificate shall, within 72 hours after the time of that report, make a written report of the same matters to the Minister. SOR/2022-114, s. 6
General Pilotage Regulations — 23
23 This Division sets out the provisions applicable to the Laurentian Pilotage Authority’s region that are in addition to the ones set out in Part 1. SOR/2022-114, s. 6
General Pilotage Regulations — 23.1
23.1 (1) The following definitions apply in this Division. berth means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor. ( poste ) Board of Examiners means the persons appointed under section 23.34 to conduct examinations for any class of licence or pilotage certificate. ( jury d’examen ) deadweight tonnage means the weight in metric tons of cargo, ship’s fuel, passengers and crew carried by a ship when loaded to its maximum Summer Load Line. ( port en lourd ) movage means the moving of a ship within a harbour, whether the ship is moved from one berth to another or is returned to the same berth, but unless a pilot is employed does not include 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. ( déplacement ) (2) In this Division, the length of a ship refers to the distance in metres and centimetres between the fore and aft extremities of the ship. (3) In this Division, a part of a district refers to either of the following, as the case may be: (a) in the case of a licence, all navigable waters of a district lying between two pilot boarding stations; and (b) in the case of a pilotage certificate, the navigable waters of a district lying between and in the vicinity of two berths, as indicated on the pilotage certificate. SOR/2022-114, s. 6
General Pilotage Regulations — General Pilotage Regulations
berth means a wharf, pier, anchorage or mooring buoy, and includes a berthed ship or a ship at anchor. ( poste )
General Pilotage Regulations — General Pilotage Regulations
Board of Examiners means the persons appointed under section 23.34 to conduct examinations for any class of licence or pilotage certificate. ( jury d’examen )
General Pilotage Regulations — General Pilotage Regulations
deadweight tonnage means the weight in metric tons of cargo, ship’s fuel, passengers and crew carried by a ship when loaded to its maximum Summer Load Line. ( port en lourd )
General Pilotage Regulations — General Pilotage Regulations
movage means the moving of a ship within a harbour, whether the ship is moved from one berth to another or is returned to the same berth, but unless a pilot is employed does not include 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. ( déplacement )
General Pilotage Regulations — 23.2
23.2 The area described in Part 1 of Schedule 3 is established as a compulsory pilotage area within the Laurentian Pilotage Authority’s region and is divided into District Nos. 1, 1-1 and 2 as described in Part 2 of that schedule. SOR/2022-114, s. 6
General Pilotage Regulations — 23.3
23.3 (1) Subject to subsection (3), the following ships are subject to compulsory pilotage: (a) any ship registered in Canada that (i) is operated in District No. 1 or District No. 1-1 and is more than 70 m in length and more than 2,400 gross tonnage, or (ii) is operated in District No. 2 and is more than 80 m in length and more than 3,300 gross tonnage; and (b) any ship that is not registered in Canada and is more than 35 m in length. (2) Every scow and barge that is registered in Canada and carrying as cargo a pollutant , as defined in section 165 of the Canada Shipping Act, 2001 , is subject to compulsory pilotage. (3) The following ships or classes of ships, if registered in Canada, are not subject to compulsory pilotage: (a) any ship owned by the Government of Canada and not engaged in commercial trade; (b) any ferry operating in the passenger carrying trade on a regular schedule between two or more terminals; (c) any ship designed for and engaged in fishing; (d) any tug, floating crane or dredge; and (e) any self-propelled barge trading regularly between two or more terminals in Quebec in or east of District No. 2 other than a barge described in subsection (2). (4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of (a) the condition of the ship; (b) exceptional conditions on board the ship; or (c) conditions related to weather, tides, currents or ice. SOR/2022-114, s. 6
General Pilotage Regulations — 23.4
23.4 Despite paragraph 23.3(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as set out in paragraph 23.3(1)(a) or if the length of any of the barges or scows is as set out in paragraph 23.3(1)(b), as the case may be. SOR/2022-114, s. 6
General Pilotage Regulations — 23.5
23.5 Despite paragraph 23.3(1)(a), every ship registered in Canada that, before September 24, 2002, was not subject to compulsory pilotage by reason of its length or net registered tonnage is not subject to compulsory pilotage under that paragraph. SOR/2022-114, s. 6
General Pilotage Regulations — 23.6
23.6 (1) The Laurentian Pilotage Authority may waive compulsory pilotage in respect of a ship (a) that is to arrive in, depart from or make a movage within the compulsory pilotage area if her owner, master or agent has complied with section 23.7, 23.8, 23.9, 23.10 or 23.11, whichever applies, and no licensed pilot is available to perform pilotage duties at the time of her arrival, departure or movage, as the case may be; or (b) in respect of which one or more licensed pilots refuse to perform pilotage duties, except where that Authority regards the ship as unsafe. (2) Despite subsection (1), the Laurentian Pilotage Authority may waive compulsory pilotage of a ship that is in distress, proceeding to a ship in distress or entering the compulsory pilotage area for refuge. SOR/2022-114, s. 6
General Pilotage Regulations — 23.7
23.7 (1) The owner, master or agent of a ship that is to arrive in the compulsory pilotage area at the pilot boarding station at Les Escoumins shall give, (a) if the ship is arriving from any point east of the Strait of Belle Isle, Cabot Strait or the Strait of Canso, (i) a first notice of the estimated time of arrival 24 hours before the estimated time of arrival, (ii) a second notice of the estimated time of arrival 12 hours before the estimated time of arrival, and (iii) a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival; and (b) if the ship is arriving from any point west of the Strait of Belle Isle, Cabot Strait or the Strait of Canso, (i) a first notice of the estimated time of arrival 12 hours before the estimated time of arrival, and (ii) a final notice confirming or correcting the estimated time of arrival six hours before the estimated time of arrival. (2) The notices referred to in paragraphs (1)(a) and (b) shall be given by calling a coastal marine radio station or pilot dispatch centre. SOR/2022-114, s. 6
General Pilotage Regulations — 23.8
23.8 The owner, master or agent of a ship that is to arrive in the compulsory pilotage area from any point above the entrance to St. Lambert Lock shall give notice of the immediate and ultimate destinations of the ship in the compulsory pilotage area by calling the St. Lawrence Seaway Radio Control when passing Iroquois Lock and Beauharnois Lock. SOR/2022-114, s. 6
General Pilotage Regulations — 23.9
23.9 The owner, master or agent of a ship that is to depart from a berth in the compulsory pilotage area for any purpose, other than making a movage, shall give, by calling a pilot dispatch centre, (a) a first notice of the estimated time of departure 12 hours before its estimated time of departure; and (b) a final notice confirming or correcting the estimated time of departure at least four hours before the estimated time. SOR/2022-114, s. 6
General Pilotage Regulations — 23.10
23.10 (1) The owner, master or agent of a ship that is to make a movage shall give, (a) in any harbour within the compulsory pilotage area other than the Harbour of Montreal or the Harbour of Quebec, (i) a first notice of the estimated time of movage 12 hours before the estimated time of movage, and (ii) a final notice confirming or correcting the estimated time of movage four hours before the estimated time of movage; and (b) in the Harbour of Montreal or the Harbour of Quebec, a notice of movage three hours before the time of movage. (2) The notices referred to in subsection (1) shall be given by calling a pilot dispatch centre. SOR/2022-114, s. 6