GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Protection Act — P-14.8 57
Certificates and reports 57 (1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies of documents (2) In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears. Notice (4) No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document. 1990, c. 22, s. 57; 1995, c. 40, s. 85
Plant Protection Act — P-14.8 58
Orders continued 58 Any orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.
Plant Protection Act — P-14.8 Coming into force
Coming into force * 60 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force October 1, 1990, see SI/90-110.]
Pilotage Act — P-14 1
Short title 1 This Act may be cited as the Pilotage Act . 1970-71-72, c. 52, s. 1
Pilotage Act — P-14 1.1
Definitions 1.1 The definitions in this section apply in this Act. Agency means the Canadian Transportation Agency. ( Office ) apprentice pilot means an individual who is training to become a licensed pilot. ( apprenti-pilote ) Authority means a Pilotage Authority established by section 3. ( Administration ) authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( représentant autorisé ) compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder. ( pilotage obligatoire ) compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. ( zone de pilotage obligatoire ) licence means a licence issued by the Minister under subsection 38.1(1). ( brevet ) licensed pilot means an individual who holds a valid licence. ( pilote breveté ) Minister means the Minister of Transport. ( ministre ) person includes a partnership, an unincorporated organization, an association and a trust. ( personne ) person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. ( responsable ) pilot means any individual who does not belong to a ship and who has the conduct of it. ( pilote ) pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). ( certificat de pilotage ) pilotage certificate holder means the holder of a valid pilotage certificate. ( titulaire d’un certificat de pilotage ) pilotage charge means a charge referred to in subsection 33(1). ( redevances de pilotage ) regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. ( membre régulier de l’effectif du navire ) ship includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion. ( navire ) Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal ) 2001, c. 26, s. 316 2019, c. 29, s. 225
Pilotage Act — P-14
Agency means the Canadian Transportation Agency. ( Office )
Pilotage Act — P-14
apprentice pilot means an individual who is training to become a licensed pilot. ( apprenti-pilote )
Pilotage Act — P-14
Authority means a Pilotage Authority established by section 3. ( Administration )
Pilotage Act — P-14
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( représentant autorisé )
Pilotage Act — P-14
compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder. ( pilotage obligatoire )
Pilotage Act — P-14
compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. ( zone de pilotage obligatoire )
Pilotage Act — P-14
licence means a licence issued by the Minister under subsection 38.1(1). ( brevet )
Pilotage Act — P-14
licensed pilot means an individual who holds a valid licence. ( pilote breveté )
Pilotage Act — P-14
Minister means the Minister of Transport. ( ministre )
Pilotage Act — P-14
person includes a partnership, an unincorporated organization, an association and a trust. ( personne )
Pilotage Act — P-14
person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. ( responsable )
Pilotage Act — P-14
pilot means any individual who does not belong to a ship and who has the conduct of it. ( pilote )
Pilotage Act — P-14
pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). ( certificat de pilotage )
Pilotage Act — P-14
pilotage certificate holder means the holder of a valid pilotage certificate. ( titulaire d’un certificat de pilotage )
Pilotage Act — P-14
pilotage charge means a charge referred to in subsection 33(1). ( redevances de pilotage )
Pilotage Act — P-14
regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. ( membre régulier de l’effectif du navire )
Pilotage Act — P-14
ship includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion. ( navire )
Pilotage Act — P-14
Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal )
Pilotage Act — P-14 2
Purpose and principles 2 The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles: (a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment; (b) that pilotage services be provided in an efficient and cost-effective manner; (c) that risk management tools be used effectively and that evolving technologies be taken into consideration; and (d) that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient. R.S., 1985, c. P-14, s. 2; 2001, c. 26, s. 316 2019, c. 29, s. 226
Pilotage Act — P-14 3
Pilotage Authorities established 3 (1) Each Pilotage Authority named in the schedule is hereby established as a body corporate consisting of a Chairperson and not more than six other members. Appointment of Chairperson of Authority (2) On the recommendation of the Minister and after consultation with members of the Authority and with the users of its services, the Governor in Council may appoint the Chairperson of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate. Other members (3) Each of the other members of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members. Full- or part-time (3.1) The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time. Ineligibility (3.2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority. Head office (4) An Authority shall have its head office at the place named in respect of that Authority in the schedule. R.S., 1985, c. P-14, s. 3; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 1998, c. 10, s. 145; 2006, c. 9, ss. 290, 294(E) 2019, c. 29, s. 227
Pilotage Act — P-14 4
Alteration 4 The Governor in Council may, by order, (a) extend the boundaries of any region set out in the schedule to include any Canadian waters not included in the schedule; (b) change the name of an Authority; (c) change the place of the head office of an Authority; and (d) establish new Authorities and, in respect of any new Authority, prescribe the boundaries of its region and name the place at which the head office shall be situated and any new Authority shall be deemed to be an Authority established under subsection 3(1) and any such region shall be deemed to be a region set out in the schedule. R.S., 1985, c. P-14, s. 4 2019, c. 29, s. 228
Pilotage Act — P-14 9
Not agent of Her Majesty 9 An Authority is not an agent of Her Majesty. 1970-71-72, c. 52, s. 5
Pilotage Act — P-14 10
Vice-Chair­person 10 The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson. R.S., 1985, c. P-14, s. 10; 2006, c. 9, s. 291(E)
Pilotage Act — P-14 11
Reappointment 11 On the expiration of the term of office of a member of an Authority, the member is eligible for reappointment in the same or another capacity. R.S., 1985, c. P-14, s. 11; 1998, c. 10, s. 146.1
Pilotage Act — P-14 12
Temporary substitute member 12 If a member of any Authority is unable at any time to perform the duties of office of the member by reason of absence or incapacity, the Governor in Council may, on such terms and conditions as the Governor in Council may prescribe, appoint a temporary substitute member. 1970-71-72, c. 52, s. 6
Pilotage Act — P-14 13
Chairperson 13 (1) Where the Chairperson of an Authority serves full-time, the Chairperson has the direction and control of the business of the Authority and may exercise such powers as may be conferred on the Chairperson by by-law of the Authority. Part-time (1.1) Where the Chairperson of an Authority serves part-time, the board appoints a chief executive officer who has the direction and control of the business of the Authority and who may exercise such powers as may be conferred on the chief executive officer by by-law of the Authority. When Vice-Chair­person to act (2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson. R.S., 1985, c. P-14, s. 13; 1998, c. 10, s. 147; 2006, c. 9, ss. 292(E), 294(E)
Pilotage Act — P-14 14
Remuneration 14 (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council. Members’ allowances (2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority. Expenses (3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from their ordinary place of residence in the course of their duties under this Act. R.S., 1985, c. P-14, s. 14; 2001, c. 26, s. 318; 2006, c. 9, s. 293(E) 2019, c. 29, s. 230
Pilotage Act — P-14 15
Employment of staff 15 (1) Subject to subsection (2), an Authority may employ such officers and employees, including licensed pilots and apprentice pilots, as are necessary for the proper conduct of the work of the Authority. Contract with body corporate for services (2) Where a majority of licensed pilots within the region, or any part thereof, set out in respect of an Authority in the schedule who form or are members or shareholders of a body corporate elect not to become employees of the Authority, the Authority may contract with that body corporate for the services of licensed pilots and the training of apprentice pilots in the region or part thereof where the contract is to be effective, and the Authority shall not employ pilots or apprentice pilots in the region or that part thereof where such a contract is in effect. Pilots may join body corporate (3) Any body corporate that contracts, pursuant to subsection (2), with an Authority shall permit a licensed pilot or apprentice pilot in the region or part thereof to which the contract relates who is not a member or shareholder of that body corporate to become a member or shareholder on the same terms and conditions as the licensed pilots and apprentice pilots who formed or are members or shareholders of that body corporate. 1970-71-72, c. 52, s. 9
Pilotage Act — P-14 15.1
Renewal of contract 15.1 (1) Where a contract for services referred to in subsection 15(2) does not provide a mechanism for the resolution of disputes in the contract renewal process, fifty days before the contract expires, the parties to the contract shall jointly choose a mediator and an arbitrator and shall refer to the mediator all issues related to the renewal of the contract that remain unresolved. No agreement (2) The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable. Mediation (3) The mediator has thirty days in which to bring the parties to agreement on the outstanding issues, at the end of which time the parties to the contract shall refer all of the remaining outstanding issues to the arbitrator. 1998, c. 10, s. 148
Pilotage Act — P-14 15.2
Final offers 15.2 (1) The parties to the contract shall each submit a final offer in respect of the outstanding issues to each other and to the arbitrator within five days after the date on which those issues are referred to the arbitrator. Decision of arbitrator (2) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, choose one or other of the final offers in its entirety. Effect of decision (3) The final offer chosen by the arbitrator is final and binding and becomes part of the new contract for services that is effective on the day after the former contract expires. Sharing of costs (4) The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator. 1998, c. 10, s. 148 2019, c. 29, s. 231
Pilotage Act — P-14 15.3
Continuation of services 15.3 A body corporate with which an Authority has contracted for services under subsection 15(2) and the members and shareholders of the body corporate are prohibited from refusing to provide pilotage services while a contract for services is in effect or being negotiated. 1998, c. 10, s. 148
Pilotage Act — P-14 15.4
Content of contracts for service 15.4 An Authority is not authorized to enter into or amend a contract for services referred to in subsection 15(2) that deals with a subject referred to in any of paragraphs 52(1)(a) to (o). 2019, c. 29, s. 232
Pilotage Act — P-14 15.5
Availability of contracts for service 15.5 An Authority shall, on request, provide to any person a copy of any contract for services referred to in subsection 15(2) that the Authority has entered into. 2019, c. 29, s. 232
Pilotage Act — P-14 15.6
Contract pilots 15.6 If an Authority requires the services of a licensed pilot in a compulsory pilotage area for which the Authority has no employees or for which a body corporate referred to in subsection 15(2) has not been established, the Authority may contract with one or more licensed pilots for the provision of those services. 2019, c. 29, s. 232
Pilotage Act — P-14 16
Authority a Public Service corporation 16 (1) An Authority shall be deemed to be a Public Service corporation for the purposes of section 37 of the Public Service Superannuation Act . Government Employees Compensation Act and Aeronautics Act (2) Officers and employees of an Authority shall be deemed to be persons employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act . R.S., 1985, c. P-14, s. 16; 2003, c. 22, s. 224(E)
Pilotage Act — P-14 17
By-laws 17 (1) An Authority may make by-laws respecting the management of its internal affairs, including by-laws (a) respecting the duties of its members, officers and employees; (b) delegating to any person, either generally or with reference to any particular matter, all or any of (i) the powers of the Chairperson of the Authority, and (ii) the powers of the Authority, except the power to make a by-law; and (c) respecting the management and control of its property. Copies made available (2) An Authority shall supply a copy of any by-law of the Authority to any interested person who requests a copy. R.S., 1985, c. P-14, s. 17; 2006, c. 9, s. 294(E) 2019, c. 29, s. 233
Pilotage Act — P-14 18
Objects 18 In keeping with the principles set out in section 2, the objects of an Authority are to establish, operate, maintain and administer, in the interests of safety of navigation, an efficient pilotage service within the region set out in respect of the Authority in the schedule. R.S., 1985, c. P-14, s. 18 2019, c. 29, s. 234
Pilotage Act — P-14 19
Powers 19 (1) An Authority may, for its use, purchase, lease or otherwise acquire (a) land, buildings, wharves or other structures; (b) pilot boats; (c) radio and other communication equipment; and (d) such other equipment, supplies and services as may be necessary for the operation of an efficient and economical pilotage service. Idem (2) An Authority may sell or lease any land, buildings, wharves, structures, pilot boats or equipment and supplies acquired pursuant to subsection (1). 1970-71-72, c. 52, s. 13
Pilotage Act — P-14 24
24 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 85]
Pilotage Act — P-14 33
Pilotage charges 33 (1) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available in relation to compulsory pilotage, including charges for (a) the services of a licensed pilot or apprentice pilot for a ship that is subject to compulsory pilotage; (b) the use of a pilot boat or other conveyance; (c) the use of communications equipment; (d) travel and other expenses incurred by a licensed pilot or apprentice pilot that are directly associated with an assignment to pilot a ship; (e) the carriage of a licensed pilot or apprentice pilot on a ship beyond the area for which the services of the pilot were engaged; (f) the interruption or extension of a licensed pilot’s or apprentice pilot’s assignment on board a ship or otherwise; and (g) the cancellation of a request for the services of a licensed pilot. Other charges (2) An Authority may, by resolution, establish or revise charges to be paid to the Authority for services that the Authority provides or makes available — other than services related to compulsory pilotage — including advisory services and the use of simulators. R.S., 1985, c. P-14, s. 33; 1998, c. 10, s. 149 2019, c. 29, s. 238
Pilotage Act — P-14 33.1
Outstanding and unpaid charges 33.1 An Authority may charge interest on outstanding and unpaid charges. 2019, c. 29, s. 238
Pilotage Act — P-14 33.2
Charging principles 33.2 (1) An Authority shall observe the following charging principles when establishing or revising pilotage charges: (a) that pilotage charges be established and revised in accordance with an explicit methodology — that includes any conditions affecting the pilotage charges — that the Authority has established and published; (b) that pilotage charges be structured in a way that does not encourage a user to engage in practices that diminish safety for the purpose of avoiding a charge; (c) that pilotage charges be the same for Canadian users or ships and foreign users or ships; (d) that pilotage charges be set at levels that allow the Authority to be financially self-sufficient and be fair and reasonable; and (e) that pilotage charges not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the Authority’s current and future financial requirements related to the provision of compulsory pilotage services. Financial requirements (2) For the purposes of paragraph (1)(e), financial requirements include (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the Authority to maintain an appropriate credit rating; (f) tax liability; (g) payments to the Minister for the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act; (h) reasonable reserves for future expenditures and contingencies; and (i) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. 2019, c. 29, s. 238