GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
General Pilotage Regulations — 23.38
23.38 (1) The minimum number of licensed pilots or pilotage certificate holders that shall be on board a ship at any time is one, except that a minimum of two licensed pilots or pilotage certificate holders shall be on board (a) if the ship is to be piloted in that part of District No. 1 between Montreal and Trois-Rivières or between Trois-Rivières and Quebec and is likely to be under way for more than 11 consecutive hours in that part of that district; (b) if the ship is to be piloted in District No. 2 and is likely to be under way for more than 11 consecutive hours in that district; (c) if the ship is to be piloted in District No. 1 and is of a deadweight tonnage exceeding 63,999; (d) if the ship is to be piloted in District No. 2 and is of a deadweight tonnage exceeding 74,999; (e) if the ship is to be piloted in District No. 1 or District No. 2 and is (i) a tanker with a deadweight tonnage of 40,000 or more, or (ii) a passenger ship of more than 100 m in length; (f) if the ship is to be piloted in District No. 1 and in District No. 2 during the winter navigation period; (g) if, owing to the conditions or nature of the voyage, more than one person is required to perform pilotage duties on the ship; or (h) if the ship is a tug used in towing or pushing one or more barges or scows if any of the barges or scows or the tug is subject to compulsory pilotage. (2) Despite paragraph (1)(h), one licensed pilot or pilotage certificate holder may be assigned to a tug if (a) the tug is permanently coupled for the duration of the trip at the stern of the barge or scow being pushed in tandem or as a composite unit or with other barges or scows; and (b) the barge or scow does not carry dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 and meets the requirements of Part 2 of the Vessel Pollution and Dangerous Chemicals Regulations that relate to construction. (3) For the purposes of paragraph (1)(f), the Laurentian Pilotage Authority shall determine the winter navigation period in each pilotage district, in the interests of the safety of navigation, in consultation with the Canadian Coast Guard, pilots who are members of a body corporate as described in subsection 15(2) of the Act, and interested groups of shipowners, on the basis of (a) the status of navigational aids; (b) weather; (c) ice formation and ice conditions; and (d) any other pertinent factors. (4) The Laurentian Pilotage Authority shall, as soon as practicable after determining the winter navigation period in accordance with subsection (3), inform all affected parties of the determination. SOR/2022-114, s. 6
General Pilotage Regulations — 23.39
23.39 If a licence or pilotage certificate is suspended by the Minister pursuant to section 38.7 of the Act, the holder of the licence or certificate shall take such further training as will enable the holder to meet the qualifications set out in paragraphs 23.26(1)(c) to (e). SOR/2022-114, s. 6
General Pilotage Regulations — 23.40
23.40 If a person who holds a licence or pilotage certificate is unable to meet the qualifications set out in subsection 23.26(2), they shall take further training to ensure that their knowledge of the district or part of that district in respect of which their licence or pilotage certificate is in force, is adequate. SOR/2022-114, s. 6
General Pilotage Regulations — 23.41
23.41 (1) Every holder of a licence or pilotage certificate who is performing pilotage duties on a ship in a compulsory pilotage area at the time the ship is involved in a marine occurrence that is reportable under the Transportation Safety Board Regulations shall immediately, by the fastest means available, report to the Minister full details of the occurrence, including information relating to any pollution or threat of pollution, if the ship (a) causes the loss of or damage to any other vessel or immovable property located in or adjacent to the waters in the area; or (b) is in any manner involved in a reportable marine occurrence that may cause damage to or pollution of the surrounding environment. (2) Where the report referred to in subsection (1) is not made 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 — 23.42
23.42 No pilotage certificate holder shall pilot a ship in more than one district or part of a district during a one-way trip, unless they have rested at least 10 hours between pilotage assignments. SOR/2022-114, s. 6
General Pilotage Regulations — 24
24 This Division sets out the provisions applicable to the Great Lakes Pilotage Authority’s region that are in addition to the ones set out in Part 1. SOR/2022-114, s. 6
General Pilotage Regulations — 24.1
24.1 (1) The following definitions apply in this Division. Board of Examiners means a Board of Examiners established under section 24.21. ( jury d’examen ) 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. ( officier de quart à la passerelle ) (2) In this Division, the length of a ship refers to the distance in metres between the fore and aft extremities of the ship. (3) In this Division, the breadth of a ship refers to the maximum breadth distance in metres between the outside of the shell plating of the ship. SOR/2022-114, s. 6
General Pilotage Regulations — General Pilotage Regulations
Board of Examiners means a Board of Examiners established under section 24.21. ( jury d’examen )
General Pilotage Regulations — General Pilotage Regulations
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. ( officier de quart à la passerelle )
General Pilotage Regulations — 24.2
24.2 The areas described in Schedule 4 are established as compulsory pilotage areas within the Great Lakes Pilotage Authority’s region. SOR/2022-114, s. 6
General Pilotage Regulations — 24.3
24.3 The following ships are subject to compulsory pilotage: (a) a ship of more than 1,500 gross tonnage; and (b) a ship that is not registered in Canada and is more than 35 m in length. SOR/2022-114, s. 6
General Pilotage Regulations — 24.4
24.4 (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a ferry that operates on a regular schedule. (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of (a) the ship’s seaworthiness; (b) exceptional conditions on board the ship; or (c) conditions related to weather, currents or ice. SOR/2022-114, s. 6
General Pilotage Regulations — 24.5
24.5 A ship that is not subject to compulsory pilotage under section 24.3 is subject to compulsory pilotage if the ship is a tug that (a) is engaged in towing or pushing two or more ships and the combined length, including the length of any lines, is 80 m or more; or (b) is outside a harbour and is part of an arrangement of ships whose total gross tonnage is 1,500 or more. SOR/2022-114, s. 6
General Pilotage Regulations — 24.6
24.6 (1) A ship is not subject to compulsory pilotage under section 24.3 if the ship is a tug that (a) is not engaged in towing or pushing another ship or object; (b) is engaged in towing or pushing a ship that is less than 80 m in length; or (c) is engaged in towing or pushing a ship in a harbour. (2) Subsection (1) does not apply if the operation of the ship constitutes a risk to the safety of navigation because of (a) the ship’s seaworthiness; (b) exceptional conditions on board the ship; or (c) conditions related to weather, currents or ice. SOR/2022-114, s. 6
General Pilotage Regulations — 24.7
24.7 A ship that is subject to compulsory pilotage under section 24.3 need not be under the conduct of a licensed pilot or pilotage certificate holder if the ship (a) navigates only on the Great Lakes or the inland waters of Canada, except for occasional near coastal voyages; and (b) is under the conduct of a master or deck watch officer who holds a certificate of competency or similar document issued pursuant to the laws of the United States that authorizes that person to have the conduct of the ship within the compulsory pilotage area in which the ship is navigating. SOR/2022-114, s. 6
General Pilotage Regulations — 24.8
24.8 (1) The Great Lakes Pilotage Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances: (a) the ship is in distress; (b) the ship is proceeding to or assisting a ship in difficulty or in a position of danger; (c) the ship is engaged in rescue or salvage operations; (d) the ship is entering a compulsory pilotage area for the purpose of seeking refuge; (e) the ship is in any compulsory pilotage area described in paragraph 1(e) of Schedule 4 and (i) a licensed pilot or pilotage certificate holder for that area is on board and available on call, or (ii) the master or deck watch officer of the ship is the holder of a pilotage certificate or of a similar document issued by an appropriate authority of the United States, and the certificate or document authorizes the master or deck watch officer to have the conduct of a ship within the area; (f) a licensed pilot is not available to perform the functions of a pilot and the following conditions have been satisfied: (i) the owner, agent or master of the ship has complied with section 24.11, (ii) the owner, agent or master of the ship has provided notice to that Authority of the pilotage services to be performed, the limits of the area for which the waiver is requested, the immediate and ultimate destinations of the ship within the compulsory pilotage area, the name, nationality, length, breadth, deepest draft and gross tonnage of the ship and the nature of the cargo on board the ship, (iii) the master of the ship is familiar with the route and any marine traffic control system in the compulsory pilotage area and is prepared to proceed without the services of a pilot, and (iv) a person referred to in subparagraph (i) has provided to that Authority any other information required by it to ensure safe navigation; (g) one or more licensed pilots refuse to perform the functions of a pilot for any reason other than the safety of the ship; or (h) the ship is necessary for carrying out the following work or for any related operations and that Authority determines that the waiver will not impede safe navigation: (i) dredging work, in which case the waiver applies only for the site specified in the waiver and for travelling to and from the port and spoil grounds within the distance specified in the waiver, or (ii) underwater engineering work such as the construction, laying or maintenance of underwater pipelines or cables or other similar facilities. (2) A waiver under paragraph (1)(h) is valid only if it is provided by the Great Lakes Pilotage Authority in writing 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 a licensed pilot is so engaged. SOR/2022-114, s. 6
General Pilotage Regulations — 24.9
24.9 If an individual is authorized by an appropriate authority of the United States to have the conduct of a ship in the United States waters of the Great Lakes, that individual may also pilot in the Canadian waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far east as St. Regis in Quebec, in accordance with paragraph 38.01(2)(c) of the Act. SOR/2022-114, s. 6
General Pilotage Regulations — 24.10
24.10 The Great Lakes Pilotage Authority may deny or withdraw pilotage service in respect of a ship if, without reasonable cause, (a) the person in charge of the ship fails to (i) provide safe boarding and disembarking facilities for a pilot, (ii) provide adequate accommodation and meals to a pilot in any case when the pilot is required to be on board the ship for a period of more than three hours, or (iii) sign the pilotage card supplied by that Authority to the pilot; or (b) the owner, agent or master of the ship has not complied with section 24.11. SOR/2022-114, s. 6
General Pilotage Regulations — 24.11
24.11 (1) 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 Great Lakes Pilotage 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 four 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. SOR/2022-114, s. 6
General Pilotage Regulations — 24.12
24.12 (1) A ship that is under the conduct of a licensed pilot and is transiting International District 1 shall exchange pilots at Iroquois Lock if, (a) in respect of an upbound voyage, the ship takes longer than 1 hour and 15 minutes to transit from Valleyfield Bridge to Calling-In Point No. 7; or (b) in respect of a downbound voyage, the ship takes longer than 3 hours and 46 minutes to transit from Cape Vincent to Crossover Island. (2) Subsection (1) does not apply if no licensed pilots are available for an exchange at Iroquois Lock. SOR/2022-114, s. 6
General Pilotage Regulations — 24.13
24.13 (1) For the purpose of gaining experience on ships of different types and sizes, an apprentice pilot for a compulsory pilotage area may, under the supervision of a licensed pilot for that area, undertake shipboard pilotage training on any ship that is subject to compulsory pilotage. (2) A deck watch officer who is training for a pilotage certificate for a compulsory pilotage area may, under the supervision of a pilotage certificate holder for that area or a licensed pilot for that area, undertake shipboard pilotage training on (a) a Canadian ship of more than 1,500 gross tonnage; or (b) an arrangement of ships whose total gross tonnage is 1,500 or more. SOR/2022-114, s. 6
General Pilotage Regulations — 24.14
24.14 (1) A licence or pilotage certificate shall be endorsed in respect of any qualifications or conditions pertaining to its holder. (2) Subject to any qualifications or conditions that are endorsed on it, a licence or pilotage certificate authorizes its holder to perform pilotage duties on a ship in any compulsory pilotage area that is endorsed on the licence or certificate. SOR/2022-114, s. 6
General Pilotage Regulations — 24.15
24.15 (1) An applicant for a licence shall (a) have the experience at sea qualifications set out in section 12; (b) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties; (c) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act ; (d) hold training certificates showing that they have successfully completed (i) SEN Level II, as referred to in the Marine Personnel Regulations , and (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations ; (e) demonstrate professional conduct; (f) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and (g) have a degree of proficiency in the English language sufficient to carry out their pilotage duties. (2) An applicant for a licence for a compulsory pilotage area for which an apprenticeship system has been established shall have completed the full apprenticeship required by the Great Lakes Pilotage Authority before taking the examination referred to in paragraph (1)(b). (3) An applicant for a licence for a compulsory pilotage area, other than the Port of Churchill, in Manitoba, shall have completed at least 50 training trips in that area before taking the examination referred to in paragraph (1)(b). (4) An applicant for a licence for the Cornwall District shall have a degree of proficiency in the French language sufficient to carry out their pilotage duties in that area. SOR/2022-114, s. 6
General Pilotage Regulations — 24.16
24.16 An applicant for a pilotage certificate shall (a) have the experience at sea qualifications set out in section 12; (b) have completed, within the three years immediately preceding the date of the application, at least 15 trips in each compulsory pilotage area in which the applicant intends to perform pilotage duties; (c) either (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 24.19 that is compatible with the safe performance of pilotage duties, or (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program; (d) hold a Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC) issued under the Radiocommunication Act ; (e) hold training certificates showing that the applicant has successfully completed (i) SEN Level II, as referred to in the Marine Personnel Regulations , and (ii) a bridge resource management training course that has been approved by the Minister under section 114 of the Marine Personnel Regulations ; (f) demonstrate professional conduct; (g) have been declared fit to perform pilotage duties in accordance with the medical requirements of Part 1; and (h) have a degree of proficiency in the English language sufficient to carry out their pilotage duties. SOR/2022-114, s. 6
General Pilotage Regulations — 24.17
24.17 An applicant for a pilotage certificate shall provide the Great Lakes Pilotage Authority with (a) proof that the applicant is a Canadian citizen or is a permanent resident as set out in subsection 38.1(3) of the Act; (b) proof of the applicant’s acquired experience and service in the conduct of Canadian ships, or arrangements of ships, whose total gross tonnage is 1,500 or more in and through the parts of each compulsory pilotage area in which the applicant intends to perform pilotage duties; (c) a photocopy of the applicant’s Restricted Operator’s Certificate (ROC-MC) or General Operator Certificate (GOC); (d) a photocopy of each training certificate required under paragraph 24.16(e); (e) a photocopy of each certificate of competency that the applicant holds; and (f) proof of the applicant’s age. SOR/2022-114, s. 6
General Pilotage Regulations — 24.18
24.18 For greater certainty, the Great Lakes Pilotage Authority shall ensure that successfully completing the Great Lakes Marine Pilotage Certificate Training Program is equivalent to passing an examination for a pilotage certificate. SOR/2022-114, s. 6
General Pilotage Regulations — 24.19
24.19 (1) An examination for a licence or pilotage certificate shall relate to the applicant’s knowledge of the following topics: (a) the pilotage and navigational requirements of each area in which the applicant intends to perform pilotage duties, including knowledge of the currents, depths of water, anchorage areas, aids to navigation and, as applicable, tides; (b) the marine traffic control system, if any, in each area in which the applicant intends to perform pilotage duties; (c) the relevant parts of the Act and the regulations made under it; (d) ship handling, including the related characteristics of a ship and the principles of hydrodynamics; (e) the practical use of all shipboard navigational instruments; (f) the duties, responsibilities and obligations of a pilot; and (g) the relevant customs, port, immigration and pollution regulations. (2) If an applicant intends to perform pilotage duties in an area other than the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Seaway Property Regulations . (3) If an applicant intends to perform pilotage duties in the Port of Churchill in Manitoba, the examination shall also relate to the applicant’s knowledge of the Collision Regulations and any regulations respecting the Port of Churchill. SOR/2022-114, s. 6
General Pilotage Regulations — 24.20
24.20 An examination for a licence or pilotage certificate shall be conducted at a place determined by the Great Lakes Pilotage Authority and notice of the examination shall be communicated by that Authority to every applicant for a licence or pilotage certificate. SOR/2022-114, s. 6
General Pilotage Regulations — 24.21
24.21 (1) A Board of Examiners shall consist of an officer of the Great Lakes Pilotage Authority, who shall be the Chairperson of the Board, and of the Board members appointed by that Authority under subsection (2) or (3). (2) In the case of an applicant for a licence for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members: (a) two persons, each of whom holds a licence for the area; and (b) a person who does not hold a licence for the area but is knowledgeable about the area and holds (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act , or (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001 . (3) In the case of an applicant for a pilotage certificate for a compulsory pilotage area, the Great Lakes Pilotage Authority shall appoint the following Board members: (a) two persons, each of whom holds a licence or a pilotage certificate for the area; and (b) a person who does not hold a licence or pilotage certificate for the area but is knowledgeable about the area and holds (i) a certificate not lower than master, local voyage, issued under the Canada Shipping Act , or (ii) a certificate not lower than Master, Near Coastal, issued under the Canada Shipping Act, 2001 . (4) 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; and (b) the class of licence or pilotage certificate to which each person who passed the examination is entitled. SOR/2022-114, s. 6
General Pilotage Regulations — 24.22
24.22 (1) The holder of a licence must (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1; (b) maintain and, if possible, improve their competence with respect to pilotage duties; (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act , if they were required for the issuance of the licence; (d) maintains valid training certificates, if they were required for the issuance of the licence; and (e) complete, every year, at least five one-way trips in each compulsory pilotage area for which the licence was issued. (2) Paragraph (1)(d) does not apply in respect of a licence for the Port of Churchill, Manitoba. SOR/2022-114, s. 6
General Pilotage Regulations — 24.23
24.23 The holder of a pilotage certificate must (a) remain fit to perform pilotage duties in accordance with the medical requirements set out in Part 1; (b) maintain and, if possible, improve their competence with respect to pilotage duties; (c) hold valid certificates of competency and valid certificates issued under the Radiocommunication Act , if they were required for the issuance of the pilotage certificate; (d) maintain valid training certificates, if they were required for the issuance of the pilotage certificate; (e) complete, in the three-year period after the date of issuance of the certificate, in the capacity of master or deck watch officer, at least 10 one-way trips in the compulsory pilotage area for which the pilotage certificate was issued; and (f) provide, at the request of the Minister, satisfactory evidence that the holder has complied with the requirements of paragraph (e). SOR/2022-114, s. 6