R.S. 1985 c. P-14
? SHORT TITLE
? INTERPRETATION
? PILOTAGE AUTHORITIES
? OBJECTS AND POWERS
? LICENCES AND CERTIFICATES
? TARIFFS
? FINANCIAL PROVISIONS
? GENERAL
? ST. LAMBERT LOCK
? OFFENCES AND PUNISHMENT
? REGULATIONS
? SCHEDULE
? Established by the Revised Statutes of Canada， 1985
An Act respecting pilotage
SHORT TITLE
Short title
1. This Act may be cited as the Pilotage Act.
INTERPRETATION
Definitions
2. In this Act，
"apprentice pilot"
?apprenti-pilote?
"apprentice pilot" means a person who is training to become a licensed pilot;
"Authority"
?Administration?
"Authority" means a Pilotage Authority established by section 3;
"Canadian waters"
?eaux canadiennes?
"Canadian waters" means the territorial sea of Canada and all internal waters of Canada;
"compulsory pilotage"
?pilotage obligatoire?
"compulsory pilotage" means， in respect of a ship， the requirement that the ship be under the conduct of a licensed pilot or the holder of a pilotage certificate;
"compulsory pilotage area"
?zone de pilotage obligatoire?
"compulsory pilotage area" means an area of water in which ships are subject to compulsory pilotage;
"licence"
?brevet?
"licence" means a licence issued by an Authority pursuant to section 22;
"licensed pilot"
?pilote breveté?
"licensed pilot" means a person who holds a valid licence;
"Minister"
?ministre?
"Minister" means the Minister of Transport;
"pilot"
?pilote?
"pilot" means any person not belonging to a ship who has the conduct thereof;
"pilotage certificate"
?certificat de pilotage?
"pilotage certificate" means a certificate issued by an Authority pursuant to section 22;
"ship"
?navire?
"ship" includes any description of vessel or boat used or designed for use in navigation， without regard to method or lack of propulsion.
PILOTAGE AUTHORITIES
Establishment
Pilotage Authorities established
3. (1) Each Pilotage Authority named in the schedule is hereby established as a body corporate consisting of a Chairman and not more than six other members.
Appointment of Chairman 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 Chairman of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate.
Members
(3) Each member， other than the Chairman， of an Authority shall be appointed by the Minister， with the approval of the Governor in Council， to hold office during pleasure for such term， not exceeding three years， as 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 of the Authority.
Full- or part-time
(3.1) The Chairman and the Vice-Chairman may be appointed to serve full-time or part-time.
Head office
(4) An Authority shall have its head office at the place named in respect of that Authority in the schedule.
Alteration
4. The Governor in Council may， by proclamation，
(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.
Great Lakes Pilotage Authority， Ltd.
5. The name "Great Lakes Pilotage Authority， Ltd." is changed to "Great Lakes Pilotage Authority and the Authority is deemed to have been established under subsection 3(1).
6. to 8. [Repealed， 1998， c. 10， s. 146]
Not agent of Her Majesty
9. An Authority is not an agent of Her Majesty.
Organization
Vice-Chairman
10. The Governor in Council may appoint one of the members， other than the Chairman， of an Authority to be Vice-Chairman thereof.
Re-appointment
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.
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.
Chairman
13. (1) Where the Chairman of an Authority serves full-time， the Chairman has the direction and control of the business of the Authority and may exercise such powers as may be conferred on the Chairman by by-law of the Authority.
Part-time
(1.1) Where the Chairman 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-Chairman to act for Chairman
(2) In the event of the absence or incapacity of the Chairman of an Authority， or if the office of Chairman is vacant， the Vice-Chairman， if any， of the Authority shall act as Chairman.
Remuneration
14. (1) The Chairman and Vice-Chairman of an Authority shall be paid such remuneration as may be fixed by the Governor in Council.
Members allowances
(2) A member， other than the Chairman or Vice-Chairman， of an Authority shall be paid such daily allowance as may 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 his ordinary place of residence in the course of his duties under this Act.
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.
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.
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) Within fifteen days， the arbitrator shall 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.
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.
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.
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 Chairman of the Authority， and
(ii) the powers of the Authority， except the power to make a by-law or a regulation; 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.
OBJECTS AND POWERS
Objects
18. The objects of an Authority are to establish， operate， maintain and administer in the interests of safety an efficient pilotage service within the region set out in respect of the Authority in the schedule.
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).
Regulations
20. (1) An Authority may， with the approval of the Governor in Council， make regulations necessary for the attainment of its objects， including， without restricting the generality of the foregoing， regulations
(a) establishing compulsory pilotage areas;
(b) prescribing the ships or classes of ships that are subject to compulsory pilotage;
(c) prescribing the circumstances under which compulsory pilotage may be waived;
(d) prescribing the notice， if any， to be given by a ship， of its estimated time of arrival in a compulsory pilotage area or its estimated time of departure from a place in a compulsory pilotage area and the manner of giving the notice;
(e) prescribing classes of licences and classes of pilotage certificates that may be issued;
(f) prescribing the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet， including the degree of local knowledge， skill， experience and proficiency in one or both of the official languages of Canada required， in addition to the minimum qualifications prescribed by the Governor in Council under section 52;
(g) prescribing the manner for determining whether a person who applies for a licence or pilotage certificate， or a licensed pilot or holder of a pilotage certificate， meets the qualifications prescribed under paragraph (f) for the class of licence or pilotage certificate applied for or held， as the case may be;
(h) prescribing the manner of issuing licences and pilotage certificates;
(i) setting the time and fixing the fee for any examination relating to the issue of a licence or pilotage certificate and the fee for issuing a licence or pilotage certificate;
(j) limiting the number of licences that may be issued for any compulsory pilotage area;
(k) prescribing the conditions， in addition to anything provided by subsection 25(1)， under which a ship shall have a licensed pilot or holder of a pilotage certificate on board;
(l) prescribing the minimum number of licensed pilots or holders of pilotage certificates that shall be on board ship at any time; and
(m) prescribing the circumstances under which a licensed pilot or holder of a pilotage certificate shall be required to take further training to be enabled to meet any new qualifications prescribed under paragraph (f) since the pilot's licence or the pilotage certificate was issued.
United States pilots and waters
(2) Where Canadian waters are contiguous with waters of the United States， an Authority may， with the approval of the Governor in Council， make regulations setting out the terms and conditions under which
(a) a pilot， or other person， authorized to have the conduct of a ship by an appropriate authority of the United States may pilot in Canadian waters; and
(b) a licensed pilot or holder of a pilotage certificate may have the conduct of a ship in waters of the United States.
Proposed regulations to be published
(3) An Authority shall publish in the Canada Gazette a copy of each regulation that it proposes to make under paragraph (1)(a) or (f)， and no such regulation shall be made by the Authority
(a) before the expiration of thirty days after the date of publication of the proposed regulation; or
(b) where a notice of objection is filed pursuant to subsection 21(1)， before the objection is heard and an order is made by the Minister pursuant to subsection 21(4).
Notice of objection to proposed regulation
21. (1) Any person who has reason to believe that a regulation that an Authority proposes to make under paragraph 20(1)(a) or (f) is not in the public interest may file a notice of objection setting out the grounds therefor with the Minister within thirty days following publication of the proposed regulation in the Canada Gazette under subsection 20(3).
Investigation
(2) Where a notice of objection is filed pursuant to subsection (1)， the Minister shall appoint a person to make such investigation of the proposed regulation， including the holding of public hearings， as in the opinion of the Minister is necessary or desirable in the public interest.
Powers of investigator
(3) A person appointed under subsection (2) shall have all the powers of a commissioner under Part I of the Inquiries Act.
Report
(4) On completion of a hearing under this section， the person holding the hearing shall send a report to the Minister， who may， by order， approve， amend or disapprove the proposed regulation， either in accordance with the report or otherwise， and the Authority shall make the regulation accordingly.
LICENCES AND CERTIFICATES
Issue of licence or pilotage certificate
22. (1) Subject to subsection (2) and any regulations made pursuant to paragraph 20(1)(j)， an Authority shall，
(a) on receipt of an application in writing for a licence or pilotage certificate， and
(b) on being satisfied that the applicant therefor is able to meet the qualifications prescribed by the Governor in Council pursuant to section 52 and by the Authority pursuant to subsection 20(1)，
issue a licence or pilotage certificate to the applicant， but no pilotage certificate shall be issued to an applicant therefor unless the Authority is satisfied that the applicant has a degree of skill and local knowledge of the waters of the compulsory pilotage area equivalent to that required of an applicant for a licence for that compulsory pilotage area.
Citizenship of applicants
(2) No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is
(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 Authority， not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.
Term in case of issue to permanent resident
(3) Every licence or pilotage certificate issued to a permanent resident ceases to be valid five years after the date the licence is issued unless the permanent resident becomes a Canadian citizen before that date.
Term where qualifications met
(4) A licence or pilotage certificate of any class remains in force while the licensed pilot or holder of the pilotage certificate is able to meet the qualifications prescribed by the regulations for a holder of that class of licence or pilotage certificate， including any qualifications prescribed by regulation since the licence or pilotage certificate was issued or deemed to be issued.
Replacement with licence or pilotage
certificate of different class
23. Where a licensed pilot or holder of a pilotage certificate is unable to meet the qualifications prescribed by the regulations for the class to which the licence or pilotage certificate belongs， an Authority shall cancel the licence or pilotage certificate and， if the licensed pilot or holder of a pilotage certificate is able to meet the qualifications for a licence or pilotage certificate of a different class， the Authority shall issue a licence or pilotage certificate of that different class to the licensed pilot or holder of a pilotage certificate.
24 [Repealed， R.S.， 1985， c. 31 (1st Supp.)， s. 85]
Prohibition where pilotage compulsory
25. (1) Except as provided in the regulations， no person shall have the conduct of a ship within a compulsory pilotage area unless the person is a licensed pilot or a regular member of the complement of the ship who is the holder of a pilotage certificate for that area.
Pilot responsible to master
(2) A licensed pilot who has the conduct of a ship is responsible to the master for the safe navigation of the ship.
When disqualified from pilotage
(3) No licensed pilot or holder of a pilotage certificate
(a) who knows of any physical or mental disability that prevents that pilot or holder from meeting the qualifications required of a holder of a licence or pilotage certificate，
(b) whose ability is impaired by alcohol or a drug or from any other cause， or
(c) whose licence or pilotage certificate is suspended，
shall have the conduct of a ship within a compulsory pilotage area or be on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board.
Prohibition of alcohol or drug consumption
(4) No licensed pilot or holder of a pilotage certificate 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.
Master may relieve pilot or pilotage certificate holder
26. (1) Notwithstanding any provision of this Act， where the master of a ship believes on reasonable grounds that the actions of a licensed pilot or holder of a pilotage certificate 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 from the licensed pilot or holder of a pilotage certificate or relieve the licensed pilot from duty on board ship.
Master to report
(2) Where the master of a ship takes the conduct of a ship from a licensed pilot or holder of a pilotage certificate pursuant to subsection (1)， the master shall file， within three days of taking the conduct of the ship， a written report setting out the master's reasons therefor with the Authority that issued the licence or pilotage certificate.
Suspension of licence
27. (1) The Chairman of an Authority may suspend a licence or pilotage certificate for a period not exceeding fifteen days where the Chairman has reason to believe that the licensed pilot or the holder of the pilotage certificate
(a) while having the conduct of a ship or being on duty on board ship pursuant to a regulation of an Authority requiring a ship to have a licensed pilot or holder of a pilotage certificate on board， contravened subsection 25(3) or (4);
(b) has reported for duty and， in the circumstances， would have been in contravention of subsection 25(3) if the licensed pilot or holder of the pilotage certificate had been on duty;
(c) has been negligent in the duty of the licensed pilot or holder of the pilotage certificate; or
(d) does not meet the qualifications required of a holder of a licence or pilotage certificate.
Confirmation of oral suspension
(2) Where the Chairman of an Authority suspends a licence or pilotage certificate orally， the Chairman shall， within forty-eight hours after the suspension， confirm the suspension in writing together with the reasons therefor to the licensed pilot or holder of the pilotage certificate at the address of that pilot or holder as shown on the register kept by the Authority pursuant to section 32.
Report to Authority
(3) Where the Chairman of an Authority suspends a licence or pilotage certificate， the Chairman shall， within forty-eight hours after the suspension， report the suspension to the Authority.
Suspension or cancellation by Authority
(4) Where the Authority receives a report pursuant to subsection (3)， it may
(a) approve or revoke the suspension under subsection (1);
(b) suspend the licence or pilotage certificate
(i) for a further period not exceeding one year， or
(ii) for an indefinite period until the licensed pilot or holder of the pilotage certificate shows the ability to meet the qualifications prescribed by the regulations; or
(c) cancel the licence or pilotage certificate.
Notice to pilot
(5) No action shall be taken pursuant to paragraph (4)(b) or (c) unless， before the suspension by the Chairman under subsection (1) terminates， the Authority gives written notice to the licensed pilot or holder of the pilotage certificate setting out the action the Authority proposes to take and the reasons therefor.
Hearings
28. (1) An Authority shall， before refusing to issue a licence or pilotage certificate or cancelling a licence or pilotage certificate pursuant to section 23， afford the applicant therefor or holder thereof or the representative of that applicant or holder a reasonable opportunity to be heard.
Idem
(2) Where the Authority gives written notice to a licensed pilot or the holder of a pilotage certificate that it proposes to suspend the licence or pilotage certificate for a further period or to cancel the licence or pilotage certificate pursuant to subsection 27(4)， the Authority shall afford the holder of the licence or pilotage certificate or the representative of the holder a reasonable opportunity to be heard before the action is taken.
Where hearings to be public
(3) Where a hearing is to be held as provided by subsection (1) or (2) and the applicant for a licence or pilotage certificate or the holder of the licence or pilotage certificate， as the case may be， requests a public hearing or the Authority is satisfied that it would be in the public interest to hold a public hearing， the Authority shall hold a public hearing and hear all persons having an interest in the matter who wish to be heard in connection therewith.
Powers respecting hearing
(4) The Authority has， in relation to any hearing before it， all the powers of a commissioner under Part I of the Inquiries Act.
Review by Minister
29. (1) An applicant who is refused the issue of a licence or pilotage certificate or the holder of a licence or pilotage certificate that is suspended or cancelled pursuant to section 23， 27 or 30 may， after a hearing by an Authority under section 28， apply to the Minister for a review of the decision of the Authority.
Powers of Minister on review
(2) Where， after considering the application made under subsection (1) and any material submitted therewith， the Minister is of the opinion that the issue of the licence or pilotage certificate should not have been refused or the licence or pilotage certificate should not have been suspended or cancelled， the Minister may direct the Authority to
(a) issue the licence or pilotage certificate;
(b) rescind the suspension or cancellation of the licence or pilotage certificate; or
(c) reduce the period of the suspension， on such conditions， if any， relating to the licence or pilotage certificate as the Minister deems proper.
Pilot ceasing to be employed or
to belong to pilots' corporation
30. (1) When a licensed pilot
(a) who is an employee of an Authority ceases to be employed as a licensed pilot， or
(b) who is a member or shareholder of a body corporate referred to in subsection 15(2) ceases to be a member or shareholder of the body corporate，
the licence ceases to be valid.
Cancellation for failure to meet qualifications
(2) An Authority shall cancel a licence or pilotage certificate when the holder of the licence or pilotage certificate does not meet the qualifications required of a holder of a licence or pilotage certificate.
Delivery up on cancellation
31. Where a licence or pilotage certificate is cancelled， the holder thereof shall deliver up the licence or pilotage certificate to the Authority that issued it.
Register
32. An Authority shall keep a register， in a manner approved by the Minister， of licensed pilots， apprentice pilots and the holders of pilotage certificates.
TARIFFS
Regulations prescribing tariffs of pilotage charges
33. (1) An Authority shall， with the approval of the Governor in Council， make regulations prescribing tariffs of pilotage charges to be paid to that Authority for pilotage and， without restricting the generality of the foregoing， may fix tariffs of pilotage charges for
(a) the cancellation of a request for the service of a pilot;
(b) the carriage of a pilot on a ship beyond the area for which the service of the pilot was engaged;
(c) the detention of a pilot on board ship or otherwise;
(d) travel and other expenses incurred by a pilot that are directly associated with an assignment to pilot a ship;
(e) the use of a pilot boat;
(f) the use of telecommunication equipment; and
(g) the service of a licensed pilot on board ship pursuant to a regulation made under paragraph 20(1)(l) requiring a licensed pilot to be on board.
Idem
(2) An Authority shall be deemed to have fixed a pilotage charge if it prescribes a manner for determining a pilotage charge.
Requirements to be met by tariffs
(3) The tariffs of pilotage charges prescribed by an Authority under subsection (1) shall be fixed at a level that permits the Authority to operate on a self-sustaining financial basis and shall be fair and reasonable.
Publication
34. ( l ) An Authority shall publish in the Canada Gazette a copy of each tariff of pilotage charges that it proposes to prescribe pursuant to section 33， and no tariff shall come into force before the expiration of thirty days after that publication.
Notice of objection to Canadian Transportation Agency
(2) Any interested person who has reason to believe that any charge in a proposed tariff of pilotage charges is prejudicial to the public interest， including， without limiting the generality thereof， the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act， may file a notice of objection setting out the grounds therefor with the CanadianTransportation Agency within thirty days after publication of the proposed tariff in the Canada Gazette.
Copies to be filed
(3) On the filing of a notice of objection with the Canadian Transportation Agency， a copy thereof shall be filed with the Authority and the Minister forthwith.
Investigation by Canadian Transportation Agency
(4) Where a notice of objection is filed pursuant to subsection (2)， the Canadian Transportation Agency shall make such investigation of the proposed charge set out in the notice of objection， including the holding of public hearings， as in its opinion is necessary or desirable in the public interest.
Recommendation of Agency
35. (1) The Canadian Transportation Agency shall， after making the investigation， including the holding of public hearings， if any， and before the expiration of the period mentioned in subsection (2) or prescribed under subsection (3)， make a recommendation to the Authority and the Authority shall govern itself accordingly.
Time for making decisions
(2) The Agency shall make its recommendation in respect of a proposed charge set out in a notice of objection filed under subsection 34(2) as expeditiously as possible， but no later than one hundred and twenty days after receiving the objection， unless a regulation made under subsection (3) provides otherwise or the parties agree to an extension.
Period for specified classes
(3) The Governor in Council may， by regulation， prescribe periods of less than one hundred and twenty days within which the Agency shall make its recommendation in respect of proposed charges set out in notices of objection.
Obligation to reimburse
(4) Where the Agency recommends a charge that is lower than that prescribed by the Authority， the Authority shall reimburse to any person who has paid the prescribed charge the difference between it and the recommended charge， with interest at the rate quoted by banks to the most credit-worthy borrowers for prime business loans， as determined by the Bank of Canada for the day on which the Agency recommends the lower charge.
Subsection 34(1) does not apply
(5) The publication requirements of subsection 34(1) do not apply in respect of pilotage charges fixed pursuant to a recommendation of the Agency.
Copy submitted to Minister
(6) The Agency shall submit a copy of its recommendation to the Minister immediately after it is made.
Governor in Council may vary or rescind
(7) Section 40 of the Canada Transportation Act applies， with such modifications as the circumstances require， in respect of every recommendation of the Agency under subsection (1) as if the recommendation were a decision made pursuant to that Act.
FINANCIAL PROVISIONS
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.
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.
Power to invest
37. An Authority may， with the approval of the Minister of Finance， invest in bonds or other obligations of or guaranteed by Her Majesty in right of Canada or any province， or any municipality in Canada， any moneys not immediately required for the purposes of the Authority.
Auditor
38. The Auditor General of Canada is the auditor of each Authority.
GENERAL
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 the holder of a pilotage certificate.
Limitation of liability
40. (1) A licensed pilot is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by his 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.
Employment of pilot does not exempt
owner from liability
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.
Liability for pilotage charges
42. The owner， master and agent of a ship are jointly and severally liable to pay any pilotage charges.
Pilotage charges payable for leading
43. Where 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 the holder of a pilotage certificate 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.
Pilotage Charges In Case Of
Proceeding Without A Pilot
44. Except where an Authority waives compulsory pilotage， a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is liable， to the Authority in respect of which the region including that area is set out in the schedule， for all pilotage charges as if the ship had been under the conduct of a licensed pilot.
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.
ST. LAMBERT LOCK
Pilotage to and from St. Lambert Lock
46. (1) Notwithstanding the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority， and the Laurentian Pilotage Authority and any compulsory pilotage areas established by those Authorities，
(a) a pilot licensed by the Great Lakes Pilotage Authority， may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;
(b) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and
(c) a pilot licensed by the Laurentian Pilotage Authority may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.
Revenue from St. Lambert Lock
(2) The Governor in Council may make regulations prescribing procedures to ensure the equitable distribution， between the Great Lakes Pilotage Authority， and the Laurentian Pilotage Authority， of the revenue received for pilotage through St. Lambert Lock.
OFFENCES AND PUNISHMENT
Proceeding without a pilot
47. Except where an Authority waives compulsory pilotage， the owner， master or person in charge of a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.
Contravention
48. Every person who contravenes or fails to comply with
(a) any provision of this Act， other than section 15.3，
(b) any regulation made by the Governor in Council， or
(c) any regulation of an Authority，
is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.
Contravention
48.1 A person who contravenes section 15.3 is guilty of an offence and liable to a fine of not more than $10，000 for each day on which the offence is committed or continued.
To whom fines to be paid
49. All fines collected pursuant to this Act， other than section 48.1， shall be paid to the Authority concerned.
Limitation period
50. Any proceedings may be instituted at any time within， but not later than，
(a) two years， in respect of an offence under section 47， or
(b) six months， in respect of any other offence under this Act，
after the time when the subject-matter of the proceedings arose.
Venue
51. Where any person is charged with an offence under this Act， any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been so committed.
REGULATIONS
Regulations
52. The Governor in Council may make regulations
(a) prescribing for any region or part thereof the minimum qualifications respecting navigational certificates， experience at sea and health that an applicant for a licence or pilotage certificate shall meet before it is issued to the applicant;
(b) respecting the medical examinations that a licensed pilot or holder of a pilotage certificate shall undergo from time to time to determine whether that pilot or holder meets the qualifications respecting health prescribed under paragraph (a);
(c) prescribing the intervals at which the medical examinations required by paragraph (b) shall be held， which intervals shall be not less than once every three years;
(d) prescribing the forms of licences and pilotage certificates;
(e) prescribing rules of procedure regarding the holding of hearings by an Authority; and
(f) establishing compulsory pilotage areas where an Authority fails to do so and the Governor in Council considers it necessary.
REPORT TO PARLIAMENT
53. (1) The Minister shall， in consultation with each Authority， its users and other persons affected， at the latest one year after the coming into force of this section， review the pilot certification process for masters and officers， training and licensing requirements for pilots， compulsory pilotage area designations， dispute resolution mechanisms and the measures taken in respect of financial self-sufficiency and cost reduction， and prepare a report of the findings.
Tabling of report
(2) The Minister shall have a copy of each report laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister prepares it.
SCHEDULE
(Sections 3， 4， 15， 18， 44 and 46)
Name: Atlantic Pilotage Authority
Head
Office: Halifax， Nova Scotia
Region: All Canadian waters in and around the Provinces of Nova Scotia， New Brunswick， Prince Edward Island and Newfoundland， including the waters of Chaleur Bay in the Province of Quebec， south of Cap d'Espoir in latitude 48 degrees 25 minutes 08 seconds N.， longitude 64 degrees 19 minutes 06 seconds W.
Name: Laurentian Pilotage Authority
Head
Office: Montreal， Quebec
Region: All 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.
Name: Great Lakes Pilotage Authority
Head
Office: Cornwall， Ontario
Region: All Canadian waters in the Province of Quebec， south of the northern entrance to St. Lambert Lock.
All Canadian waters in and around the Provinces of Ontario and Manitoba.
Name: Pacific Pilotage Authority
Head
Office: Vancouver， British Columbia
Region: All Canadian waters in and around the Province of British Columbia.
Established by the Revised Statutes of Canada， 1985.
CHAPTER P-14.
List of Amendments
Section Statutes of Canada In Force
yyyy/mm/dd
3 c. 1 (4th Supp.) s. 44 (Sch. II， Item 19) (E) 1988/02/04
. 1998， c. 10， s. 145 1998/10/01
5 1998， c. 10， s. 146 1998/10/01
6， repealed 1998， c. 10， s. 146 1998/10/01
7， repealed 1998， c. 10， s. 146 1998/10/01
8， repealed 1998， c. 10， s. 146 1998/10/01
11 1998， c. 10， s. 146.1 1998/10/01
13 1998， c. 10， s. 147 1998/10/01
15.1， added 1998， c. 10， s. 148 1998/10/01
15.2， added 1998， c. 10， s. 148 1998/10/01
15.3， added 1998， c. 10， s. 148 1998/10/01
16(2) 2005， c. 22， s. 224 (z.69) 2005/04/01
22(2)(b) 2001， c 27， s. 268 2002/06/28
24， repealed c. 31 (1st Supp.)， s. 85 1985/10/15
33 1998， c. 10， s. 149 1998/10/01
34 c. 28 (3rd Supp.)， ss.307 and 359 (Sch.， Item 9) 1988/01/01
. 1996， c. 10， s. 251 1996/07/01
. 1998， c. 10， s. 150 1998/10/01
35 c. 28 (3rd Supp.)， s. 359 (Sch.，Item 9) 1988/01/01
. 1996， c. 10， s. 252 1996/07/01
. 1998， c. 10， s. 151 1998/10/01
36.01， added 1998， c. 10， s. 152 1998/10/01
36 1998， c. 10， s. 153 1998/10/01
45 c. 1 (2nd Supp.)， s. 213(2) (Sch.II， Item 7) (F) 1986/11/10
46 1998， c. 10， s. 158 1998/10/01
48 1998， c. 10， s. 154 1998/10/01
48.1， added 1998， c. 10， s. 155 1998/10/01
49 1998， c. 10， s. 156 1998/10/01
52 c. 31 (1st Supp.)， s. 86 1985/10/15
53， added 1998， c. 10， s. 157 1998/10/01
Schedule 1998， c. 10， s. 158 1998/10/01
. 1999， c. 31， s. 176 1999/06/17 | 
