Vol. 135, No. 27 — July 7, 2001

Regulations Amending the Laurentian Pilotage Authority Regulations

Statutory Authority

Pilotage Act

Sponsoring Agency

Laurentian Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Laurentian Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in and around the Province of Quebec, north of the northern entrance to St. Lambert Lock, except the waters of Chaleur Bay, south of Cap-d'Espoir, in latitude 48 degrees 25 minutes 08 seconds N., longitude 64 degrees 19 minutes 06 seconds W.

In accordance with subsection 20(1) of the Pilotage Act, an Authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objects, including prescribing classes of licenses and classes of pilotage certificates that may be issued and prescribing the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet and also prescribing the manner for determining whether an applicant or the holder of a licence or pilotage certificate meets the qualifications prescribed in the Regulations.

The amendments to the Laurentian Pilotage Authority Regulations result in part from a ministerial directive of November 15, 1999, incorporating various recommendations of the Canadian Transportation Agency following its review of outstanding pilotage issues, the whole as more fully appears in a document entitled "Report to Parliament, Ministerial Review of Outstanding Pilotage Issues" and more particularly with reference to "Training and Licensing Requirements for Pilots" and "Pilot Certification Process for Masters and Officers."

Other amendments concerning the conditions for obtaining an apprentice pilot permit, a licence or a pilotage certificate are also introduced.

Alternatives

A retention of the status quo is not an acceptable alternative as these amendments relate to a ministerial policy as well as to the policy of the Authority of keeping current with changing trends and technology and implementing measures to improve the quality of its pilotage service.

Benefits and Costs

These amendments for the most part have no financial impact except in respect of fees for examinations and for the issuance of licenses and pilotage certificates which have not been changed since 1992 (SOR/92-680).

The proposed amendments are related to the provisions of section 53 of the Pilotage Act, as enacted by section 157 of the Canada Marine Act, S.C. 1997-98, c.10, requiring the Minister to lay before Parliament a report on the outstanding pilotage issues with appropriate recommendations, after consulting each pilotage authority, the users and other persons affected by its operation.

Consultation

All the groups of pilots and groups of users were consulted in January 1999, when the Authority filed before the Canadian Transportation Agency the proposed regulatory amendments. After that date, it was the Canadian Transportation Agency which, with a mandate from the Minister, undertook a review of the outstanding pilotage issues and deposited a report in November of 1999, following many public and private meetings with the various groups of interested parties. The Authority has proceeded to incorporate the applicable recommendations in its regulatory review.

Compliance and Enforcement

Section 45 of the Pilotage Act provides the enforcement mechanism for these Regulations in that a pilotage authority can inform a customs officer at any port in Canada to withhold clearance from any ship for which pilotage charges are outstanding and unpaid. Section 48 of the Pilotage Act (the Act) stipulates that every person who fails to comply with the Act or Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

Contact

Mr. Jean-Claude Michaud, Chairman, Laurentian Pilotage Authority, 715 Square Victoria, 6th Floor, Montréal, Quebec H2Y 2H7, (514) 283-6320 (Telephone), (514) 496-2409 (Facsimile).

PROPOSED REGULATORY TEXT

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

Interested persons may make representations concerning the proposed Regulations 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 Jules St-Laurent, Senior Advisor, Marine Personnel Standards and Pilotage, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8 (tel.: (613) 998-0697; fax: (613) 990-1538; e-mail: stlaurj@tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Montréal, June 20, 2001

JEAN-CLAUDE MICHAUD
Chairman
Laurentian Pilotage Authority

REGULATIONS AMENDING THE LAURENTIAN PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. The definition "Board of Examiners" in section 2 of the Laurentian Pilotage Authority Regulations (see footnote 1) is replaced by the following:

"Board of Examiners" means the persons appointed pursuant to section 30 to conduct an examination for any class of licence or pilotage certificate; (jury d'examen)

2. (1) Subsection 4(1) of the Regulations is replaced by the following:

4. (1) Subject to subsection (3), the following ships are subject to compulsory pilotage:

(a) any ship registered in Canada that is operated in

(b) any ship that is not registered in Canada and is over 35 m in length.

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

(4) Despite subsection (3), a ship referred to in any of paragraphs (3)(b) to (e) is subject to compulsory pilotage if its operation would likely constitute a risk to the safety of navigation because of

(a) the condition of the ship;

(b) exceptional conditions on board the ship; or

(c) conditions related to weather, tides, currents or ice.

3. Section 4.1 (see footnote 2) of the Regulations is replaced by the following:

4.1 Despite paragraph 4(3)(d), a tug used in the towing or pushing of one or more barges or scows is subject to compulsory pilotage if the length and gross tonnage of any of the barges or scows is as specified in paragraph 4(1)(a) or if the length of any of the barges or scows is as specified in paragraph 4(1)(b), as the case may be.

4. Subsection 15(6) of the Regulations is replaced by the following:

(6) A Class D apprentice pilot permit allows its holder to undertake pilotage training in the presence of a licensed pilot on any ship, in District No. 1, No. 1-1 or No. 2.

5. Section 18 of the Regulations is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (c).

6. The heading before section 19 of the Regulations is replaced by the following:

Qualifications for Holders of Licences for District No. 1-1

7. (1) Paragraph 19(1)(a) of the Regulations is replaced by the following:

(a) be the holder of a certificate of competency not lower than master, local voyage; and

(2) Subsection 19(3) (see footnote 3) of the Regulations is repealed.

8. (1) Subparagraph 20(3)(d)(i) of the Regulations is amended by adding the word "and" at the end of clause (E) and by replacing clauses (F) to (H) with the following:

(F) 138 trips between Montreal and Trois-Rivières, of which

(2) Subparagraph 20(3)(d)(ii) of the Regulations is amended by adding the word "and" at the end of clause (B) and by replacing clauses (C) to (E) with the following:

(C) 138 trips between Trois-Rivières and Québec, of which

(3) Subparagraph 20(3)(d)(iii) of the Regulations is amended by adding the word "and" at the end of clause (C) and by replacing clauses (D) (see footnote 4) and (E) (see footnote 5) with the following:

(D) 113 trips in each year, of which

(4) Subsections 20(4) (see footnote 6) and (5) (see footnote 7) of the Regulations are repealed.

9. Section 21 of the Regulations and the heading before it are replaced by the following:

Documentation Requirements for Pilotage Certificates

21. (1) An applicant for a first pilotage certificate shall, not less than 10 days but not more than 60 days before the date of the examination, submit an application and provide the Authority with true copies of the following:

(a) documents that establish that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;

(b) the applicant's birth certificate or other official document showing the date and place of birth of the applicant;

(c) diplomas and navigational certificates as well as documents that establish that the sea service requirements of these Regulations have been met;

(d) the medical report required under the General Pilotage Regulations; and

(e) two letters of recommendation.

(2) A holder of a pilotage certificate who applies for another pilotage certificate shall submit an application and provide the Authority with documents that establish that the holder has met the sea service requirements of these Regulations for that certificate.

10. (1) The portion of subsection 22(1) of the Regulations before paragraph (a) is replaced by the following:

22. (1) Every applicant for a Class A, Class B or Class C pilotage certificate who is applying for their first pilotage certificate shall

(2) Subparagraph 22(1)(c)(ii) of the Regulations is replaced by the following:

(3) Paragraph 22(1)(d) of the Regulations is amended by adding the word "or" at the end of subparagraph (ii), by striking out the word "or" at the end of subparagraph (iii) and by repealing subparagraph (iv).

(4) Subsections 22(2) to (4) of the Regulations are replaced by the following:

(2) An applicant for a Class A pilotage certificate who is the holder of a Class B pilotage certificate shall, over the 36 months immediately preceding their application, have effected

(a) the movages or trips required each year by paragraph 25(2)(a) or (b) in the applicable district; and

(b) under the supervision of a holder of a Class A licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class B pilotage certificate is permitted to perform pilotage duties,

(3) An applicant for a Class B pilotage certificate who is the holder of a Class C pilotage certificate shall, over the 24 months immediately preceding their application, have effected

(a) the movages or trips required each year by paragraph 25(2)(a) or (b) in the applicable district; and

(b) under the supervision of a holder of a Class B licence or pilotage certificate, on board a ship whose length and deadweight tonnage exceed the maximum for a ship on board which a holder of a Class C pilotage certificate is permitted to perform pilotage duties,

(4) Despite subsections (1) to (3), an applicant may become the holder of a pilotage certificate valid for only a part of a district if

(a) in the case of an applicant for a first pilotage certificate, the applicant has effected the number of trips and movages required for that part of the district under clauses (1)(d)(ii)(A) to (F) or (1)(d)(iii)(A) to (E); or

(b) in the case of an applicant for a pilotage certificate who is the holder of another pilotage certificate, the applicant has effected in that part of the district the number of trips or movages required for the district under subsection (2) or (3).

(5) Despite subsections (1) to (3), an applicant need not effect any movages or trips required to be effected during the period commencing on December 1 and ending on April 8 if the application is for a pilotage certificate valid only for the period beginning when all light buoys are in place in the part of the channel to which the pilotage certificate relates and ending when the Authority informs pilotage certificate holders, by a Notice to Mariners or a Notice to Shipping, that the light buoys have been withdrawn.

11. The heading before section 26 and sections 26 to 30 (see footnote 8) of the Regulations are replaced by the following:

Notices for the Recruiting of Apprentices

26. When recruiting apprentices for a particular district, the Authority, not less than 10 days before the deadline for receiving applications, shall publish, in newspapers that are circulated in the municipalities adjacent to the district, notices stating the number of apprentices that are needed for the district and the date by which the applications must be received.

Qualifications — Apprentices — District No. 1-1

26.1 To obtain a Class D apprentice pilot permit for District No. 1-1, an applicant shall

(a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice in English and French effectively;

(b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

(c) be the holder of a certificate of competency not lower than master, local voyage;

(d) have served at least 18 months as master of a ship that is over 70 m in length and over 2 400 tons, gross tonnage; and

(e) have experience navigating in ice.

Qualifications — Apprentices — District No. 1 and District No. 2

26.2 To obtain a Class D apprentice pilot permit for District No. 1 or District No. 2, an applicant shall

(a) successfully complete a language test given by the Authority that demonstrates that the applicant is able to carry out the duties of an apprentice in English and French effectively;

(b) undergo a medical examination within the 90 days before the day on which the Class D apprentice pilot permit is issued and meet the health qualifications prescribed in the General Pilotage Regulations;

(c) be the holder of a college diploma awarded by the Institut maritime du Québec or other diploma of an equivalent course from another marine institute in Canada confirming the successful completion of four years of professional training in marine navigational science; and

(d) be the holder of a certificate of competency not lower than master, intermediate voyage, and have served as

Required Documents — Apprentices

26.3 An applicant for a Class D apprentice pilot permit shall, when making the application, provide the Authority with true copies of the following:

(a) documents that establish that the applicant is a Canadian citizen or a permanent resident as described in paragraph 22(2)(b) of the Act;

(b) the applicant's birth certificate or other official document showing the date and place of birth of the applicant;

(c) diplomas and navigational certificates as well as documents that establish that the sea service requirements of these Regulations have been met;

(d) the medical report required under the General Pilotage Regulations; and

(e) two letters of recommendation.

Assessment of the Competence and Experience of Applicants — Apprentices

27. An application for a Class D apprentice pilot permit shall be assessed by the Authority with respect to the 60 months that precede the application to determine the applicant's competence and experience on board a ship.

Examination for Licences or Pilotage Certificates

28. (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 and the General Pilotage Regulations, the Authority shall assess each application and the record of each holder and provide the Board of Examiners with

(a) a list of applicants who are required to take the examination and who meet the other requirements of these Regulations and the General Pilotage Regulations;

(b) a list of holders whose records are to be reviewed; and

(c) the documents referred to in subsection 21(1) or (2), as the case may be.

(2) Subject to subsection (6), the Board of Examiners shall conduct an examination of the applicants referred to in paragraph (1)(a) and shall examine the records of the holders referred to in paragraph 1(b).

(3) The examination shall consist of

(a) a first written test on local knowledge of the district or part of the district where the applicant is to pilot, with respect to the following elements, namely,

(b) subject to subsection (4), a second written test and an oral test 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 pilotage duties associated with the licence or pilotage certificate in English and French effectively.

(4) An applicant must successfully complete the written tests before taking the oral test.

(5) An applicant must

(a) obtain a mark of at least 70% to pass the written tests; and

(b) obtain a mark of at least 70% to pass the oral test, by showing the 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 pilotage duties associated with the licence or pilotage certificate effectively.

(6) Despite subsection (4), an applicant who applies for a pilotage certificate is not required to take the written tests if the applicant has successfully completed the pilotage training program at the Institut maritime du Québec referred to in the document entitled Pilotage Certificate Training for the Laurentian Region, (District II Québec City - Les Escoumins), TP 13458E, published in November 1999 by the Department of Transport.

(7) An applicant may choose to have the examination conducted in two stages, in which case the examination must be completed during the 30 months following the day on which the first written test was successfully completed.

29. (1) An applicant who has failed the examination referred to in subsection 28(3) three times or who has failed the pilotage training program at the Institut maritime du Québec referred to in subsection 28(6) three times is no longer eligible for further examination.

(2) For the purpose of subsection (1), failing a test referred to in subsection 28(3) constitutes a failure of the examination.

Board of Examiners

30. (1) The Board of Examiners that conducts the examinations for licences shall be appointed by the Authority and shall consist of the following persons:

(a) two holders of a certificate of competency not lower than master, intermediate voyage, one of whom is an officer of the Authority and one of whom is a representative of the Department of Transport of Canada; and

(b) three licensed pilots, each of whom is

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

(a) three holders of a certificate of competency not lower than master, intermediate voyage, one of whom may be the holder of a pilotage certificate for the district or part of the district where the applicant or holder is to pilot, one of whom is a representative of the Department of Transport of Canada who is an examiner of masters and mates and one of whom is an officer of the Authority; and

(b) two licensed pilots, each of whom is

(3) The officer of the 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 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 Chairman of the Authority a written report on the conduct of the examination.

12. Subsection 31(2) of the Regulations is repealed.

13. The heading before section 32 and sections 32 (see footnote 9)and 33 of the Regulations are replaced by the following:

32. The Board of Examiners shall conduct examinations every year, if necessary, during the months of March and September, for any class of licence or pilotage certificate.

14. (1) Subsection 35(1) of the Regulations is amended by deleting the word "or" at the end of paragraph (f), by adding the word "or" at the end of paragraph (g) and by adding the following after paragraph (g):

(h) where 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) Section 35 of the Regulations is amended by adding the following after subsection (1):

(1.1) Despite paragraph (1)(h), one licensed pilot or holder of a pilotage certificate may be assigned to a tug if

(a) the tug is permanently coupled 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 I of the Oil Pollution Prevention Regulations that relate to construction.

15. Subsection 36(1) of the Regulations is repealed.

16. Subsection 38(1) of the Regulations is replaced by the following:

38. (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 reportable marine incident or reportable marine accident, as defined in subsection 2(1) of the Transportation Safety Board Regulations, shall immediately, by the fastest means available, report to the Authority full details of the incident or accident, including information relating to any pollution or threat of pollution, if the ship

(a) causes loss or damage to any other vessel or to any real property located in or adjacent to the waters in the area; or

(b) is in any manner implicated in a reportable marine incident or reportable marine accident that may cause damage to or pollution of the surrounding environment.

17. The Regulations are amended by adding the following after section 39:

40. No holder of a pilotage certificate shall pilot a ship in more than one district or part of a district during a trip, unless the holder has rested at least 10 hours between pilotage assignments.

Fees

41. (1) The fees for licences and pilotage certificates and for any examinations of applicants for licences and pilotage certificates are set out in Schedule III.

(2) The fee set out in column II of an item of Schedule III is increased on February 1 of each year by an amount that represents the average increase in the Consumer Price Index for the Province of Quebec for the preceding year, as published by Statistics Canada.

18. Schedule III (see footnote 10) to the Regulations is replaced by the following:

SCHEDULE III
(Section 41)

FEES FOR EXAMINATIONS AND FOR THE ISSUANCE OF LICENCES AND PILOTAGE CERTIFICATES

Item	Column I Licence or Certificate	Column II Fee ($)
1.	For review by the Authority of the documents referred to in section 21 or 26.3 for the issuance of a pilotage certificate or a Class D apprentice pilot permit	50
2.	For issuing a Class D apprentice pilot permit	300
3.	For each written test for the issuance of a licence or pilotage certificate	200
4.	For each oral test for the issuance of a licence or pilotage certificate	400
5.	For issuing a licence or pilotage certificate to an applicant who has passed the examination to obtain the licence or pilotage certificate	400
6.	For issuing a pilotage certificate of a different class than that held by the holder	300
7.	For issuing a Class B licence	300
8.	For issuing a Class A licence	300
9.	For issuing a licence, pilotage certificate or Class D apprentice pilot permit to replace one that has been lost	100

COMING INTO FORCE

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

[27-1-o]

Footnote 1

C.R.C., c. 1268

Footnote 2

SOR/98-184

Footnote 3

SOR/89-567

Footnote 4

SOR/92-680

Footnote 5

SOR/92-680

Footnote 6

SOR/92-680

Footnote 7

SOR/89-567

Footnote 8

SOR/92-680; SOR/94-727

Footnote 9

SOR/92-680

Footnote 10

SOR/92-680

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