General Pilotage Regulations (SOR/2000-132)

Assessment of Competencies

• 23.32 (1) For the purpose of determining whether an applicant for a licence or pilotage certificate or the holder of a licence or pilotage certificate meets the requirements of these Regulations, the Minister shall assess each application for a licence or pilotage certificate and the record of each holder and shall provide the Board of Examiners with

  • (a) a list of applicants for a first licence or first pilotage certificate who meet the requirements of these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 23.22(1);

  • (b) a list of holders of a licence or pilotage certificate who are applying for another licence or pilotage certificate and who meet the requirements of these Regulations, other than the requirement to pass the examination conducted by the Board of Examiners, accompanied by the documents referred to in subsection 23.22(2); and

  • (c) a list of holders who the Minister has reason to believe might not meet the requirements of paragraph 23.26(1)(c) or (d).

• (2) Subject to subsection (9), the Board of Examiners shall

  • (a) conduct the examination referred to in subsection (3) or (4), as the case may be, of the applicants referred to in paragraph (1)(a);

  • (b) conduct an examination of the holders referred to in paragraph (1)(b) on their local knowledge of the district or part of the district where they are to pilot; and

  • (c) conduct an examination of the holders referred to in paragraph (1)(c) on the requirements of paragraphs 23.26(1)(c) or (d).

• (3) The examination of applicants that must be conducted for a first licence shall consist of a written and an oral examination on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (4) The examination of applicants that must be conducted for a first pilotage certificate shall consist of

  • (a) a first written examination on general knowledge of near coastal navigation, including knowledge of ship handling, navigational instruments, chartwork, meteorology, ice navigation on the St. Lawrence River and calculation of tides;

  • (b) subject to subsection (5), a second written examination and an oral examination on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot; and

  • (c) a language test to demonstrate that the applicant is able to carry out the duties of a pilotage certificate holder effectively in English and French.

• (5) An applicant must successfully complete the written examinations before taking the oral examination.

• (6) To pass the examination, an applicant must

  • (a) obtain a mark of at least 70% on any written examination; and

  • (b) obtain a mark of at least 70% on the oral examination, by showing a knowledge of ship handling and local knowledge of the district or part of the district where the applicant is to pilot that will enable them to carry out the duties of a licensed pilot or pilotage certificate holder effectively and safely.

• (7) An applicant who obtains a mark of less than 70% on the oral examination shall repeat the written and oral examinations on ship handling and on local knowledge of the district or part of the district where the applicant is to pilot.

• (8) Despite subsection (5), an applicant who applies for a first pilotage certificate for District No. 2 is not required to take the written tests set out in paragraphs (4)(a) and (b) if

  • (a) the applicant has attended the pilotage training program established by the Authority and given by the Institut maritime du Québec, described in the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport; and

  • (b) the applicant has successfully completed the tests prepared under the direction of an officer of the Authority in accordance with the document entitled Pilotage Certificate Training for the Laurentian Region (District II Quebec City – Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport.

• (9) An applicant shall,

  • (a) in the case of an applicant who takes the examinations referred to in subsection (4) in two stages, successfully complete all the examinations during the 30 months following the day on which the first written examination was successfully completed;

  • (b) in the case of an applicant who takes the examinations referred to in subsection (3) in order to obtain a first licence for District No. 1-1, have 18 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of that licence;

  • (c) in the case of an applicant who takes the examinations referred to in subsection (3) in order to obtain a first licence for District No. 1 or District No. 2, have 36 months from the day on which a Class D apprentice pilot permit is issued to satisfy all of the requirements for the issuance of that licence; or

  • (d) in the case of an applicant who attends the pilotage training program referred to in paragraph (8)(a), have 30 months following the day on which the first examination taken under paragraph (8)(b) was successfully completed to complete the training program and to successfully complete the remaining examinations.

• 23.33 (1) An applicant who fails one of the examinations referred to in paragraphs 23.28(f) and 23.29(e) three times is no longer eligible to take those examinations.

• (2) An applicant who fails one or more of the examinations referred to in subsection 23.32(3) three times is no longer eligible to take those examinations.

• (3) An applicant who fails the examination referred to in paragraph 23.32(4)(a) three times is no longer eligible to take that examination.

• (4) An applicant who fails one or more of the examinations referred to in paragraph 23.32(4)(b) three times is no longer eligible to take those examinations.

• (5) An applicant who has attended the pilotage training program referred to in paragraph 23.32(8)(a) and who fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess mandatory skills for basic certification four times or who twice fails one or more of the examinations referred to in paragraph 23.32(8)(b) that assess optional skills that can be added to a certificate is no longer eligible to take an examination under the pilotage training program.

Board of Examiners

• 23.34 (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

  • (a) two holders of a certificate of competency for Master Mariner or Master, Near Coastal, one of whom is an officer of that Authority and one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations; and

  • (b) three licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, except in the case of the written examinations set out in paragraphs 23.28(f) and 23.29(e), and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (2) The Board of Examiners that conducts the examinations for pilotage certificates shall be appointed by the Laurentian Pilotage Authority and shall consist of the following persons:

  • (a) three holders of a certificate of competency for Master Mariner or Master, Near Coastal,

    • (i) one of whom is an examiner, as defined in subsection 1(1) of the Marine Personnel Regulations,

    • (ii) one of whom is an officer of that Authority, and

    • (iii) one of whom is a pilotage certificate holder for the district or part of the district where the applicant or holder is to pilot or, if no pilotage certificate holder is available, a person who has the skills, knowledge and experience to navigate ships in the district or part of the district effectively and safely; and

  • (b) two licensed pilots, each of whom is

    • (i) knowledgeable about the district or part of the district where the applicant or holder is to pilot, and

    • (ii) nominated by the corporation of pilots of which they are a member.

• (3) The officer of the Laurentian Pilotage Authority appointed in accordance with paragraph (1)(a) or (2)(a), as the case may be, shall act as Chairperson of the Board of Examiners.

• (4) The Laurentian Pilotage Authority shall appoint a person who is knowledgeable about each pilotage district where the applicant or holder is to pilot to observe the conduct of any examination by the Board of Examiners and the person shall, following the examination, file with the Minister a written report on the conduct of the examination.

23.35 The Chairperson of the Board of Examiners shall report to the Minister the results of all examinations, 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.

23.36 The Board of Examiners may conduct examinations for any class of licence or pilotage certificate at any time if the Minister considers it appropriate to meet their needs.

Number of Licences

• 23.37 (1) The number of licences that may be issued for District No. 1 is limited to 125.

• (2) The number of licences that may be issued for District No. 1-1 is limited to 12.

• (3) The number of licences that may be issued for District No. 2 is limited to 85.

Minimum Number of Licensed Pilots or Holders of Pilotage Certificates

• 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.

Further Training

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).

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.

Marine Occurrence

• 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.

General

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.

DIVISION 3Great Lakes Pilotage Authority Region

Interpretation

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.