GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pilotage Act — P-14 33.3
Notice of proposal 33.3 (1) An Authority shall publish on its website a notice of any proposal to establish or revise a pilotage charge. Contents of notice (2) The notice is to (a) describe the proposal, including by setting out the Authority’s reasons for establishing or revising the pilotage charge and the circumstances in which the charge would apply; (b) indicate that any person may make representations about the proposal to the Authority, in writing, on or before the date set out in the notice, which date is not to be earlier than 30 days after the day on which the notice is published; (c) indicate that any person making written representations is to include a summary of those representations and that the summary may be made public by the Authority; and (d) indicate that any person making written representations by the date set out in the notice will have an opportunity to file with the Agency a notice of objection related to the proposal. Changes to proposal (3) If, after publication of the notice and consideration of the written representations, the Authority elects to modify the proposal, other than by reducing the proposed amount of the pilotage charge, the Authority shall publish on its website a new notice with the content referred to in subsection (2), a description of the changes to the proposal and the reasons for them. 2019, c. 29, s. 238
Pilotage Act — P-14 33.4
Announcement of decision 33.4 (1) After considering all written representations referred to in paragraph 33.3(2)(b), the Authority shall publish on its website an announcement that sets out its decision in respect of the proposal. Contents of announcement (2) Unless the Authority decides to abandon the proposal, the announcement is to (a) set out the reasons for the decision; (b) describe the pilotage charge and the circumstances in which it will apply, including the date on which it will take effect, which date is not to be earlier than 60 days after the day on which the announcement is published; (c) provide a summary of the written representations referred to in paragraph 33.3(2)(b) and of the Authority’s analysis of any issues and concerns brought to its attention in the representations, including how it considered these issues and concerns in its decision; and (d) indicate that a person may file with the Agency a notice of objection related to the decision to establish or revise a pilotage charge, the grounds for filing a notice of objection and how to file it. 2019, c. 29, s. 238
Pilotage Act — P-14 34
Notice of objection 34 (1) A person may, within 90 days after the day on which the announcement referred to in section 33.4 is published, file with the Agency a notice of objection, in the form and manner determined by the Agency, related to the decision to establish or revise a pilotage charge. Delay in case of failure to publish (2) If the Authority establishes or revises a pilotage charge without publishing a notice referred to in section 33.3 or an announcement referred to in section 33.4, the notice of objection may be filed within 90 days after the day on which the new or revised pilotage charge comes into effect. Grounds for filing notice (3) A notice of objection may be filed only if (a) the pilotage charge was not established or revised in accordance with the charging principles referred to in subsection 33.2(1); or (b) the Authority did not comply with the requirements set out in section 33.3 or 33.4. Effect of notice (4) A pilotage charge is not suspended or prevented from taking effect by reason of a notice of objection and, until the Agency disposes of the objections set out in the notice, the Agency shall not make an order suspending the pilotage charge or preventing it from taking effect. R.S., 1985, c. P-14, s. 34; R.S., 1985, c. 28 (3rd Supp.), ss. 307, 359; 1996, c. 10, s. 251; 1998, c. 10, s. 150 2019, c. 29, s. 238
Pilotage Act — P-14 35
Orders of Agency 35 (1) If the Agency determines that an objection set out in a notice of objection under section 34 is well founded, it may order the Authority to (a) cancel the establishment or revision of the pilotage charge in question; (b) reinstate any pilotage charge that was in effect immediately before the pilotage charge in question took effect; (c) refund to each user of compulsory pilotage services the amount they paid on account of the pilotage charge the establishment of which is cancelled under paragraph (a) or the amount they paid in excess of the pilotage charge reinstated under paragraph (b); (d) in a case in which the Authority did not comply with the requirements set out in section 33.3 or 33.4, suspend the establishment or revision of the pilotage charge in question until the Authority has taken the measures set out in the order; or (e) take any other appropriate measures. Refund (2) If under paragraph (1)(c) the Agency orders the Authority to make a refund to a user of compulsory pilotage services, (a) the Agency shall allow the person who filed the notice of objection and the Authority to make representations to the Agency before fixing the period within which the refund is to be made; and (b) the Authority may make the refund to the user by making a repayment or issuing a credit, but any remaining credit is to be repaid to the user within the period fixed by the Agency. Interest on amount of refund (3) If the Agency orders the Authority to make a refund to a user under paragraph (1)(c), the amount of the refund is to include interest at the interest rate charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the order is made. Reasons (4) The Agency shall provide the person who filed the notice of objection and the Authority with written reasons for any decision made under subsection (1) and, if applicable, any decision to fix the period within which the Authority is to make a refund to a user of compulsory pilotage services. R.S., 1985, c. P-14, s. 35; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 252; 1998, c. 10, s. 151 2019, c. 29, s. 238
Pilotage Act — P-14 36.01
No appropriation 36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies. 1998, c. 10, s. 152
Pilotage Act — P-14 36
Borrowing 36 An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council. R.S., 1985, c. P-14, s. 36; 1998, c. 10, s. 153
Pilotage Act — P-14 37
Power to invest 37 An Authority may, with the approval of the Minister of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset. R.S., 1985, c. P-14, s. 37 2019, c. 29, s. 240
Pilotage Act — P-14 37.1
Payment to Minister 37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister. 2019, c. 29, s. 240
Pilotage Act — P-14 38
Auditor 38 The Auditor General of Canada is the auditor of each Authority. 1970-71-72, c. 52, s. 27; 1976-77, c. 34, s. 26(F); 1984, c. 31, s. 14
Pilotage Act — P-14 38.01
Prohibition where pilotage compulsory 38.01 (1) No individual shall have the conduct of a ship within a compulsory pilotage area unless they are a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Non-application (2) Subsection (1) does not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1); (b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met. Pilot responsible to master (3) A licensed pilot or pilotage certificate holder who has the conduct of a ship is responsible to the master for the safe navigation of the ship. When disqualified from pilotage (4) No licensed pilot or pilotage certificate holder shall have the conduct of a ship within a compulsory pilotage area or be on duty on board a ship under a regulation requiring a ship to have a licensed pilot or a pilotage certificate holder on board if (a) they know of any physical or mental disability that prevents them from meeting the qualifications required for their licence or pilotage certificate; (b) their ability is impaired by alcohol or a drug or from any other cause; or (c) their licence or pilotage certificate is suspended. Prohibition — alcohol or drug consumption (5) No licensed pilot or pilotage certificate holder shall, while on duty, consume alcohol or any drug that may impair the ability of that pilot or holder to have the conduct of the ship. 2019, c. 29, s. 241
Pilotage Act — P-14 38.02
Power to take conduct of ship 38.02 (1) If the master of a ship believes on reasonable grounds that the actions of a licensed pilot or a pilotage certificate holder on board a ship are, in any way, endangering the safety of the ship, the master may, in the interest of the safety of the ship, take the conduct of the ship in place of the licensed pilot or pilotage certificate holder or relieve the licensed pilot from duty on board ship. Master to report (2) The master of a ship who takes the conduct of it in accordance with subsection (1) shall, within three days of taking the conduct of it, file a written report with the Minister that sets out the master’s reasons for doing so. 2019, c. 29, s. 241
Pilotage Act — P-14 38.1
Issue of licence 38.1 (1) The Minister shall issue a licence for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant meets the qualifications provided for in the regulations. Issue of pilotage certificate (2) The Minister shall issue a pilotage certificate for a compulsory pilotage area to an individual who applies in writing if the Minister is satisfied that the applicant (a) meets the qualifications provided for in the regulations; and (b) has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area. Citizenship (3) To be eligible for a licence or pilotage certificate, the applicant shall be (a) a Canadian citizen; or (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Minister, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant. 2019, c. 29, s. 242
Pilotage Act — P-14 38.2
Refusal to issue 38.2 (1) The Minister may refuse to issue a licence or pilotage certificate if (a) the applicant has acted fraudulently or improperly or has misrepresented a material fact; (b) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it; or (c) the applicant has not paid a fee for services related to the licence or pilotage certificate or has not paid a fine or penalty imposed on them under this Act. Notice after refusal to issue (2) The Minister shall, immediately after refusing to issue a licence or pilotage certificate, give the applicant a notice confirming the refusal and setting out the grounds on which the Minister has refused to issue the licence or pilotage certificate. 2019, c. 29, s. 242
Pilotage Act — P-14 38.3
Request for review 38.3 (1) An applicant who receives a notice under subsection 38.2(2) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision. Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the applicant of the date, time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination (4) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. 2019, c. 29, s. 242
Pilotage Act — P-14 38.4
Validity period 38.4 (1) A licence or pilotage certificate is valid for the period specified by the Minister. Possession of licence or pilotage certificate (2) No person other than the individual to whom it was issued shall possess a licence or pilotage certificate. 2019, c. 29, s. 242
Pilotage Act — P-14 38.5
Production of licence or pilotage certificate 38.5 Every licensed pilot or pilotage certificate holder shall produce their licence or pilotage certificate to the Minister on request. 2019, c. 29, s. 242
Pilotage Act — P-14 38.6
Lost licence or pilotage certificate 38.6 The Minister may issue a replacement for a mislaid, lost or destroyed licence or pilotage certificate if the individual to whom it was issued applies in the form and manner specified by the Minister and provides the information and the documents specified by the Minister. 2019, c. 29, s. 242
Pilotage Act — P-14 38.7
Suspension, cancellation or refusal to renew 38.7 (1) Subject to section 38.8, the Minister may suspend, cancel or refuse to renew a licence or pilotage certificate if the Minister is satisfied that (a) the individual to whom it was issued no longer meets the qualifications provided for in the regulations for the issuance of the licence or pilotage certificate; (b) in the case of a pilotage certificate, the individual to whom it was issued no longer has a degree of skill and local knowledge of the waters of the compulsory pilotage area that is similar to that required of an applicant for a licence for that compulsory pilotage area; (c) a condition attached to the licence or pilotage certificate has been contravened; (d) the licence or pilotage certificate was obtained by fraudulent or improper means or a misrepresentation of a material fact; (e) the individual to whom it was issued has not paid a fine or penalty imposed on them under this Act; (f) the individual to whom it was issued has contravened a provision of this Act or the regulations; or (g) in the case of a refusal to renew, (i) the applicant has not paid a fee for services related to the licence or pilotage certificate, or (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant warrant it. Return of licence or pilotage certificate (2) If a licence or pilotage certificate is suspended or cancelled, the individual to whom it was issued shall return it, as soon as possible, to the Minister. 2019, c. 29, s. 242
Pilotage Act — P-14 38.8
Notice before decision 38.8 The Minister shall, before suspending or cancelling a licence or pilotage certificate, give the individual to whom it was issued 30 days’ notice of the proposed suspension or cancellation. The notice is to set out the grounds on which the Minister proposes to suspend or cancel the licence or pilotage certificate. 2019, c. 29, s. 242
Pilotage Act — P-14 38.81
Exception 38.81 (1) The Minister may suspend or cancel a licence or pilotage certificate without complying with section 38.8 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety. Decision within 24 hours (2) The Minister’s application is to be heard by a member of the Tribunal, sitting alone, whose determination is to be made within 24 hours after the application is filed with the Tribunal. Appeal (3) The Minister may, within 24 hours after the determination, appeal the determination to the Tribunal. Decision within 48 hours (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal. 2019, c. 29, s. 242
Pilotage Act — P-14 38.82
Notice after decision 38.82 Except if a notice is given under section 38.8, the Minister shall, immediately after suspending, cancelling or refusing to renew a licence or pilotage certificate, give the individual to whom it was issued a notice that confirms the suspension, cancellation or refusal and that sets out the grounds on which the Minister suspended, cancelled or refused to renew the licence or pilotage certificate. 2019, c. 29, s. 242
Pilotage Act — P-14 38.83
Request for review 38.83 (1) Subject to subsection (2), the individual who is referred to in a notice under section 38.8 or 38.82 may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice. Exception (2) The request is not to be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the licence or pilotage certificate are set out in paragraph 38.7(1)(e) or subparagraph 38.7(1)(g)(i). Effect of request (3) The filing of a request for a review in respect of a notice under section 38.8 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 38.84. Date, time and place for review (4) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the individual of the date, time and place in writing. Review procedure (5) The member of the Tribunal assigned to conduct the review shall provide the Minister and the individual with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Individual not compelled to testify (6) In a review of a decision made under paragraph 38.7(1)(f), the individual is not required, and is not to be compelled, to give any evidence or testimony in the matter. Determination (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. 2019, c. 29, s. 242
Pilotage Act — P-14 38.84
Right of appeal 38.84 (1) Both the Minister and the individual may appeal to the Tribunal a determination made under subsection 38.3(4) or 38.83(7). The time limit for making an appeal is 30 days after the determination. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 2019, c. 29, s. 242
Pilotage Act — P-14 39
Her Majesty or Authority not liable 39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder. R.S., 1985, c. P-14, s. 39 2019, c. 29, s. 243(E)
Pilotage Act — P-14 40
Limitation of liability 40 (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill. Idem (2) Where a body corporate contracts with an Authority pursuant to subsection 15(2) for the services of a licensed pilot, the body corporate is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by the fault, neglect or want of skill of the pilot. R.S., 1985, c. P-14, s. 40 2019, c. 29, s. 244
Pilotage Act — P-14 41
Liability of owner 41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that (a) the ship was under the conduct of a licensed pilot; or (b) the damage or loss was occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot. R.S., 1985, c. P-14, s. 41; 2001, c. 26, s. 318 2019, c. 29, s. 245
Pilotage Act — P-14 42
Liability for pilotage charges 42 The owner, master and agent of a ship are jointly and severally liable to pay any pilotage charges. 1970-71-72, c. 52, s. 32
Pilotage Act — P-14 43
Pilotage charges payable for leading 43 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship. R.S., 1985, c. P-14, s. 43 2019, c. 29, s. 246(E)
Pilotage Act — P-14 44
Pilotage charge — proceeding without pilot 44 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot. R.S., 1985, c. P-14, s. 44 2019, c. 29, s. 247
Pilotage Act — P-14 45
No clearance if pilotage charges unpaid 45 No customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid. R.S., 1985, c. P-14, s. 45; R.S., 1985, c. 1 (2nd Supp.), s. 213(F) 2019, c. 29, s. 248(F)
Pilotage Act — P-14 45.1
Canada Shipping Act, 2001 documents 45.1 (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate, licence or permit — under the Canada Shipping Act, 2001 , if the applicant or the holder of the document (a) has contravened a direction given under subsection 46.12(3) or (4); or (b) has not paid a fine or penalty imposed on them under this Act. Corporation (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation (a) has contravened a direction given under subsection 46.12(3) or (4); or (b) has not paid a fine or penalty imposed on them under this Act. 2019, c. 29, s. 249