Pilotage Act

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Sections802

• 1Short title

  This Act may be cited as the Pilotage Act.

• 1.1Definitions

  The definitions in this section apply in this Act.

• 1.1[p2]

  Agency means the Canadian Transportation Agency. (Office)

• 1.1[p3]

  apprentice pilot means an individual who is training to become a licensed pilot. (apprenti-pilote)

• 1.1[p4]

  Authority means a Pilotage Authority established by section 3. (Administration)

• 1.1[p5]

  authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

• 1.1[p6]

  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)

• 1.1[p7]

  compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. (zone de pilotage obligatoire)

• 1.1[p8]

  licence means a licence issued by the Minister under subsection 38.1(1). (brevet)

• 1.1[p9]

  licensed pilot means an individual who holds a valid licence. (pilote breveté)

• 1.1[p10]

  Minister means the Minister of Transport. (ministre)

• 1.1[p11]

  person includes a partnership, an unincorporated organization, an association and a trust. (personne)

• 1.1[p12]

  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)

• 1.1[p13]

  pilot means any individual who does not belong to a ship and who has the conduct of it. (pilote)

• 1.1[p14]

  pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). (certificat de pilotage)

• 1.1[p15]

  pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage)

• 1.1[p16]

  pilotage charge means a charge referred to in subsection 33(1). (redevances de pilotage)

• 1.1[p17]

  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)

• 1.1[p18]

  ship includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion. (navire)

• 1.1[p19]

  Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

• 2Purpose and principles

  The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles:

• 2(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;

• 2(b)

  that pilotage services be provided in an efficient and cost-effective manner;

• 2(c)

  that risk management tools be used effectively and that evolving technologies be taken into consideration; and

• 2(d)

  that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient.

• 3Pilotage 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.

• 3(2)Appointment of Chairperson of Authority

  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.

• 3(3)Other members

  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.

• 3(3.1)Full- or part-time

  The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time.

• 3(3.2)Ineligibility

  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.

• 3(4)Head office

  An Authority shall have its head office at the place named in respect of that Authority in the schedule.

• 4Alteration

  The Governor in Council may, by order,

• 4(a)

  extend the boundaries of any region set out in the schedule to include any Canadian waters not included in the schedule;

• 4(b)

  change the name of an Authority;

• 4(c)

  change the place of the head office of an Authority; and

• 4(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.

• 5Repealed

  [Repealed, 2019, c. 29, s. 229]

• 6 to 8Repealed

  [Repealed, 1998, c. 10, s. 146]

• 9Not agent of Her Majesty

  An Authority is not an agent of Her Majesty.

• 10Vice-Chair­person

  The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson.

• 11Reappointment

  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.

• 12Temporary substitute member

  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.

• 13Chairperson
• 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.

• 13(1.1)Part-time

  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.

• 13(2)When Vice-Chair­person to act

  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.

• 14Remuneration
• 14(1)

  The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.

• 14(2)Members’ allowances

  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.

• 14(3)Expenses

  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.

• 15Employment 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.

• 15(2)Contract with body corporate for services

  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.

• 15(3)Pilots may join body corporate

  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.

• 15.1Renewal 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.

• 15.1(2)No agreement

  The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable.

• 15.1(3)Mediation

  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.

• 15.2Final 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.

• 15.2(2)Decision of arbitrator

  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.

• 15.2(3)Effect of decision

  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.

• 15.2(4)Sharing of costs

  The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator.

• 15.3Continuation of services

  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.

• 15.4Content of contracts for service

  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).

• 15.5Availability of contracts for service

  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.

• 15.6Contract pilots

  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.

• 16Authority 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.

• 16(2)Government Employees Compensation Act and Aeronautics Act

  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.

• 17By-laws
• 17(1)

  An Authority may make by-laws respecting the management of its internal affairs, including by-laws

• 17(1)(a)

  respecting the duties of its members, officers and employees;

• 17(1)(b)

  delegating to any person, either generally or with reference to any particular matter, all or any of

• 17(1)(b)(i)

  the powers of the Chairperson of the Authority, and

• 17(1)(b)(ii)

  the powers of the Authority, except the power to make a by-law; and

• 17(1)(c)

  respecting the management and control of its property.

• 17(2)Copies made available

  An Authority shall supply a copy of any by-law of the Authority to any interested person who requests a copy.

• 18Objects

  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.

• 19Powers
• 19(1)

  An Authority may, for its use, purchase, lease or otherwise acquire

• 19(1)(a)

  land, buildings, wharves or other structures;

• 19(1)(b)

  pilot boats;

• 19(1)(c)

  radio and other communication equipment; and

• 19(1)(d)

  such other equipment, supplies and services as may be necessary for the operation of an efficient and economical pilotage service.

• 19(2)Idem

  An Authority may sell or lease any land, buildings, wharves, structures, pilot boats or equipment and supplies acquired pursuant to subsection (1).

• 20Repealed

  [Repealed, 2019, c. 29, s. 235]

• 20(1)
• 21Repealed

  [Repealed, 2019, c. 29, s. 235]

• 20(1)(a)
• 22Repealed

  [Repealed, 2019, c. 29, s. 235]

• 20(1)(b)
• 23Repealed

  [Repealed, 2019, c. 29, s. 235]

• 20(1)(c)
• 24Repealed

  [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 85]

• 20(1)(d)
• 25Repealed

  [Repealed, 2019, c. 29, s. 236]

• 20(1)(e)
• 26Repealed

  [Repealed, 2019, c. 29, s. 236]

• 20(1)(f)
• 27Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(g)
• 28Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(h)
• 29Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(i)
• 30Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(j)
• 31Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(k)
• 32Repealed

  [Repealed, 2019, c. 29, s. 237]

• 20(1)(l)
• 33Pilotage charges
• 20(1)(m)
• 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

• 20(2)United States pilots and waters
• 33(1)(a)

  the services of a licensed pilot or apprentice pilot for a ship that is subject to compulsory pilotage;

• 20(2)(a)
• 33(1)(b)

  the use of a pilot boat or other conveyance;

• 20(2)(b)
• 33(1)(c)

  the use of communications equipment;

• 20(3)Proposed regulations to be published
• 33(1)(d)

  travel and other expenses incurred by a licensed pilot or apprentice pilot that are directly associated with an assignment to pilot a ship;

• 20(3)(a)
• 33(1)(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;

• 20(3)(b)
• 33(1)(f)

  the interruption or extension of a licensed pilot’s or apprentice pilot’s assignment on board a ship or otherwise; and

• 33(1)(g)

  the cancellation of a request for the services of a licensed pilot.

• 21(1)
• 33(2)Other charges

  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.

• 21(2)Investigation
• 33.1Outstanding and unpaid charges

  An Authority may charge interest on outstanding and unpaid charges.

• 21(3)Powers of investigator
• 33.2Charging principles
• 21(4)Report
• 33.2(1)

  An Authority shall observe the following charging principles when establishing or revising pilotage charges:

• 33.2(1)(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;

• 22(1)
• 33.2(1)(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;

• 22(1)(a)
• 33.2(1)(c)

  that pilotage charges be the same for Canadian users or ships and foreign users or ships;

• 22(1)(b)
• 33.2(1)(d)

  that pilotage charges be set at levels that allow the Authority to be financially self-sufficient and be fair and reasonable; and

• 22(2)Citizenship of applicants
• 33.2(1)(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.

• 22(2)(a)
• 33.2(2)Financial requirements

  For the purposes of paragraph (1)(e), financial requirements include

• 22(2)(b)
• 33.2(2)(a)

  operations and maintenance costs;

• 22(3)Term in case of issue to permanent resident
• 33.2(2)(b)

  management and administration costs;

• 22(4)Term where qualifications met
• 33.2(2)(c)

  debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money;

• 33.2(2)(d)

  capital costs and depreciation costs on capital assets;

• 33.2(2)(e)

  financial requirements necessary for the Authority to maintain an appropriate credit rating;

• 33.2(2)(f)

  tax liability;

• 33.2(2)(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;

• 33.2(2)(h)

  reasonable reserves for future expenditures and contingencies; and

• 27(1)
• 33.2(2)(i)

  other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign.

• 27(1)(a)
• 33.3Notice of proposal
• 27(1)(b)
• 33.3(1)

  An Authority shall publish on its website a notice of any proposal to establish or revise a pilotage charge.

• 27(1)(c)
• 33.3(2)Contents of notice

  The notice is to

• 27(1)(d)
• 33.3(2)(a)

  describe the proposal, including by setting out the Authority’s reasons for establishing or revising the pilotage charge and the circumstances in which the charge would apply;

• 27(2)Confirmation of oral suspension
• 33.3(2)(b)

  indicate that any person may make representations about the proposal to the Authority, in writing, on or before the date set out in the notice, which date is not to be earlier than 30 days after the day on which the notice is published;

• 27(3)Report to Authority
• 33.3(2)(c)

  indicate that any person making written representations is to include a summary of those representations and that the summary may be made public by the Authority; and

• 27(4)Suspension or cancellation by Authority
• 33.3(2)(d)

  indicate that any person making written representations by the date set out in the notice will have an opportunity to file with the Agency a notice of objection related to the proposal.

• 27(4)(a)
• 33.3(3)Changes to proposal

  If, after publication of the notice and consideration of the written representations, the Authority elects to modify the proposal, other than by reducing the proposed amount of the pilotage charge, the Authority shall publish on its website a new notice with the content referred to in subsection (2), a description of the changes to the proposal and the reasons for them.

• 27(4)(b)
• 33.4Announcement of decision
• 27(4)(b)(i)
• 33.4(1)

  After considering all written representations referred to in paragraph 33.3(2)(b), the Authority shall publish on its website an announcement that sets out its decision in respect of the proposal.

• 27(4)(b)(ii)
• 33.4(2)Contents of announcement

  Unless the Authority decides to abandon the proposal, the announcement is to

• 27(4)(c)
• 33.4(2)(a)

  set out the reasons for the decision;

• 27(5)Notice to pilot
• 33.4(2)(b)

  describe the pilotage charge and the circumstances in which it will apply, including the date on which it will take effect, which date is not to be earlier than 60 days after the day on which the announcement is published;

• 33.4(2)(c)

  provide a summary of the written representations referred to in paragraph 33.3(2)(b) and of the Authority’s analysis of any issues and concerns brought to its attention in the representations, including how it considered these issues and concerns in its decision; and

• 28(1)
• 33.4(2)(d)

  indicate that a person may file with the Agency a notice of objection related to the decision to establish or revise a pilotage charge, the grounds for filing a notice of objection and how to file it.

• 28(2)Idem
• 34Notice of objection
• 28(3)Where hearings to be public
• 34(1)

  A person may, within 90 days after the day on which the announcement referred to in section 33.4 is published, file with the Agency a notice of objection, in the form and manner determined by the Agency, related to the decision to establish or revise a pilotage charge.

• 28(4)Powers respecting hearing
• 34(2)Delay in case of failure to publish

  If the Authority establishes or revises a pilotage charge without publishing a notice referred to in section 33.3 or an announcement referred to in section 33.4, the notice of objection may be filed within 90 days after the day on which the new or revised pilotage charge comes into effect.

• 34(3)Grounds for filing notice

  A notice of objection may be filed only if

• 29(1)
• 34(3)(a)

  the pilotage charge was not established or revised in accordance with the charging principles referred to in subsection 33.2(1); or

• 29(2)Powers of Minister on review