Vol. 132, No. 48 — November 28, 1998

Regulations Amending the Atlantic Pilotage Authority Regulations

Statutory Authority

Pilotage Act

Sponsoring Agency

Atlantic Pilotage Authority

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The Atlantic Pilotage Authority (APA) is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d'Espoir in latitude 48 degrees 25 minutes 8 seconds North, longitude 64 degrees 19 minutes 6 seconds West.

In accordance with paragraph 20(1)(b) of the Pilotage Act, an authority may, with the approval of the Governor in Council, make regulations prescribing the ships or classes of ships that are subject to compulsory pilotage.

Subparagraph 4(1)(b)(i) of the Atlantic Pilotage Authority Regulations states that pleasure yachts not registered in Canada of less than 200 gross registered tons are not subject to compulsory pilotage. Thus non-Canadian pleasure yachts of 200 gross registered tons or more are subject to compulsory pilotage. Subsection 4(2) stipulates that Canadian pleasure yachts of more than 200 gross registered tons are subject to compulsory pilotage.

A recent review of these categories of yachts revealed that they were well found craft, highly manoeuvrable, fitted with modern navigation and collision avoidance equipment and manned by competent persons. As a result of this review, the Authority considers that it is both safe and feasible to relax the requirement for compulsory pilotage for pleasure yachts of 500 gross registered tons or less.

Alternatives

A retention of the status quo was considered and rejected based on the recommendations of the recent review. Changes to ships or classes of ships that are subject to compulsory pilotage can only be accomplished by way of an amendment to the Regulations, in accordance with subsection 20(3) of the Pilotage Act.

Benefits and Costs

The Atlantic provinces have become a popular cruising area for the class of yachts covered by this regulation. Relaxation of the compulsory pilotage limit to 500 gross registered tons will reduce the costs associated with cruising in the area. This initiative should entice more yachts to these waters which in turn will benefit tourism and businesses involved in providing ships' stores, fuel and repairs.

The APA considers that the amendment will account for a small reduction in revenue. However, when spread over the various pilotage areas within the region, it is anticipated that it will have an insignificant impact upon profitability.

Consultation

Since this amendment is a relaxation in the requirement for compulsory pilotage, consultation with users was considered to be unnecessary.

Compliance and Enforcement

Section 25, 47 and 48 of the Pilotage Act provide the necessary compliance and enforcement mechanisms with respect to the regulatory requirements for all vessels proceeding through a compulsory pilotage area.

Contact

Captain R. A. McGuinness, Chairman, Atlantic Pilotage Authority, Purdy's Wharf, Tower 1, Suite 1402, 1959 Upper Water Street, Halifax, Nova Scotia B3J 3N2, (902) 426-2550 (Telephone), (902) 426-4004 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 20(3) of the Pilotage Act, that the Atlantic Pilotage Authority proposes, pursuant to subsection 20(1) of that Act, to make the annexed Regulations Amending the Atlantic Pilotage Authority Regulations.

Any interested person may make representations concerning the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Captain F. H. Wade, Senior Advisor, Certification and Pilotage Directorate, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, (613) 998-0697 (Telephone), (613) 990-1538 (Facsimile).

R. ANTHONY MCGUINNESS
Chairman
Atlantic Pilotage Authority

REGULATIONS AMENDING THE ATLANTIC PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. (1) Subparagraph 4(1)(b)(i) of the Atlantic Pilotage Authority Regulations (see footnote 1) is replaced by the following:

(2) Subsection 4(2) of the Regulations is replaced by the following:

(2) Notwithstanding paragraph (1)(a), Canadian registered pleasure yachts of more than 500 gross registered tons are subject to compulsory pilotage within the areas referred to in section 3.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[48-1-o]

Footnote 1

C.R.C., c. 1264

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).