Vol. 146, No. 9 — April 25, 2012
Registration
SOR/2012-80 April 10, 2012
PILOTAGE ACT
Regulations Amending the General Pilotage Regulations
P.C. 2012-392 April 5, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 52 (see footnote a) of the Pilotage Act (see footnote b), hereby makes the annexed Regulations Amending the General Pilotage Regulations.
REGULATIONS AMENDING THE GENERAL
PILOTAGE REGULATIONS
AMENDMENTS
1. The definitions “certificate”, “deck watch officer” and “TP 11343” in section 1 of the General Pilotage Regulations (see footnote 1) are repealed.
2. (1) Paragraph 2(1)(b) of the Regulations is replaced by the following:
- (b) in the case of a holder, at least once every two years.
(2) Paragraph 2(3)(b) of the Regulations is replaced by the following:
- (b) meets the medical standards referred to in subsection 3(2).
(3) Section 2 of the Regulations is amended by adding the following after subsection (3):
(4) Despite subsection (1), an applicant or holder shall undergo additional medical examinations if the designated physician requires the additional examinations in order to monitor the physical or mental fitness of the applicant or holder.
3. Subsection 3(2) of the Regulations is replaced by the following:
(2) The designated physician conducting a medical examination shall
- (a) take into account, when assessing an applicant or holder, the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations; and
- (b) determine if the applicant or holder has depth perception.
4. Subsection 5(1) of the Regulations is replaced by the following:
5. (1) Unless a re-examination is required under section 6, and subject to subsection (2), a medical report remains valid for a period of not more than two years beginning on the day of its issuance.
5. Subsection 6(2) of the Regulations is replaced by the following:
(2) An applicant or holder who has reasonable grounds to believe that he or she is no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Authority and request a medical re-examination.
6. The portion of section 8 of the Regulations before paragraph (a) is replaced by the following:
8. A holder who is required to use an aid to vision or hearing in order to meet the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations shall, while performing pilotage duties,
7. The heading “ Ranking of Certificates ” before section 9 and sections 9 to 11 of the Regulations are replaced by the following:
Basic Certificate of Competency Qualifications
10. (1) An applicant who intends to perform pilotage duties in a compulsory pilotage area set out in column 1 of the table to this subsection shall hold the certificate of competency set out in column 2 or, if more than one certificate of competency is set out in that column, at least one of those certificates.
TABLE
Item |
Column 1 |
Column 2 |
|---|---|---|
|
||
1. |
The St. John’s compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal |
2. |
The Holyrood compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal |
3. |
The Placentia Bay compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal |
4. |
The Voisey’s Bay compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal |
5. |
The Bay of Exploits compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
6. |
The Humber Arm compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
7. |
The Stephenville compulsory pilotage area, in Newfoundland and Labrador |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
8. |
The Halifax compulsory pilotage area, in Nova Scotia |
Master Mariner Master, Near Coastal |
9. |
The Cape Breton compulsory pilotage area, in Nova Scotia |
Master Mariner Master, Near Coastal |
10. |
The Pugwash compulsory pilotage area, in Nova Scotia |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
11. |
The Saint John compulsory pilotage area, in New Brunswick |
Master Mariner Master, Near Coastal |
12. |
The Miramichi compulsory pilotage area, in New Brunswick |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
13. |
The Restigouche compulsory pilotage area, in New Brunswick |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
14. |
The Charlottetown compulsory pilotage area, in Prince Edward Island |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
15. |
The Confederation Bridge compulsory pilotage area, in Prince Edward Island |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
16. |
Any compulsory pilotage area in the region of the Atlantic Pilotage Authority that is not set out in items 1 to 15 |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal |
|
||
17. |
Any compulsory pilotage area in the region of the Laurentian Pilotage Authority |
Master, Near Coastal |
|
||
18. |
Any compulsory pilotage area in the region of the Great Lakes Pilotage Authority |
Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal Chief Mate Chief Mate, Near Coastal Master 3 000 Gross Tonnage, Domestic |
|
||
19. |
Any compulsory pilotage area in the region of the Pacific Pilotage Authority |
Master Mariner Master, Near Coastal Master 3 000 Gross Tonnage, Near Coastal Master 500 Gross Tonnage, Near Coastal Chief Mate Chief Mate, Near Coastal Master 3 000 Gross Tonnage, Domestic |
(2) Despite subsection (1), an applicant for a pilotage certificate who intends to perform pilotage duties in a compulsory pilotage area in the region of the Great Lakes Pilotage Authority and who applies before January 1, 2013 may hold a Watchkeeping Mate certificate of competency instead of a certificate of competency set out in column 2 of item 18 of the table to subsection (1).
(3) Despite subsection (1), an applicant for a pilotage certificate who intends to perform pilotage duties in a compulsory pilotage area in the region of the Great Lakes Pilotage Authority and who applies after December 31, 2012 may hold a Watchkeeping Mate certificate of competency or a Watchkeeping Mate, Near Coastal certificate of competency instead of a certificate of competency set out in column 2 of item 18 of the table to subsection (1).
8. (1) The portion of subsection 12(1) of the Regulations before paragraph (a) is replaced by the following:
12. (1) An applicant shall have accumulated the following sea service:
(2) Paragraph 12(1)(b) of the Regulations is replaced by the following:
- (b) at least 12 months as master of a ship or at least 24 months as the person in charge of the deck watch of a ship.
(3) Subsection 12(2) of the Regulations is replaced by the following:
(2) In the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority or the Great Lakes Pilotage Authority, the accumulated sea service need not be in that area.
(4) Section 12 of the Regulations is amended by adding the following after subsection (3):
(4) For the purposes of paragraph (1)(b), a person is in charge of the deck watch of a ship if the person has the immediate charge of the navigation, communications and safety of the ship and holds a certificate that authorizes him or her to do so.
COMING INTO FORCE
9. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Eight years have passed since the last amendments to the General Pilotage Regulations (the Regulations). Since then, the new Canada Shipping Act, 2001, and the Marine Personnel Regulations (MPR), came into force on July 1, 2007. The new MPR contain enhanced health qualifications for seafarers that differ from the Regulations. The Regulations must be harmonized with the new MPR so that there is only one set of marine medical examination standards in Canada and to reflect the new name of the certificate of competency.
The Auditor General Special Report of April 2008 concerning the Great Lakes Pilotage Authority found that the Authority currently does not have an effective mechanism to provide reasonable assurance that Canadian masters and deck watch officers have the competencies to ensure the safe passage of ships in compulsory pilotage areas. Recent amendments to the Great Lakes Pilotage Regulations, which came into force on July 1, 2011, will implement such a mechanism. However, to facilitate the transition for all officers already performing pilotage duty on the Great Lakes from an “exemption” regime for Canadian-flagged vessels towards a future “certification” regime, section 10 of the Regulations has been revised to add all appropriates certificates of competency required to allow for this transition.
There are two objectives for the amendments: to ensure consistency with the MPR and their associated marine medical examination standards and certificate of competency nomenclature, and to help solve the “exemptions” issue raised by the Auditor General in the Great Lakes Pilotage Authority Special Report of April 2008.
Description and rationale
The amendment of Part 1 of the Regulations harmonizes the existing health qualifications for seafarers with the ones described in Division 8 of Part 2 of the MPR. The MPR enhance current medical requirements, and ensure that appropriate and qualified crewmembers contribute to the overall safe and efficient operation of the ships and vessels. The amendments to the Regulations are listed below:
- Section 1 — Interpretation — The definitions of “certificate,” “deck watch officer” and “TP 11343” have been repealed, as they no longer apply to these Regulations.
- Section 2 — Physical and Mental Fitness for Pilotage Duties — Paragraph 1(b) has been amended to state that licenced pilots (and pilotage certificate holders) must have a medical examination at least once every two years, whereas previously examinations were required annually. The reference to paragraph 3(2)(a) currently made in paragraph 2(3)(b) has been replaced by a reference to “3(2)” as a result of the changes to subsection 3(2). Subsection (4) has been added in addition to paragraphs 1(b) and 3(b). It states that, despite subsection (1), an applicant or holder shall undergo additional medical examinations if the designated physician requires the additional examinations in order to monitor the physical or mental fitness of the applicant or holder.
- Section 3 — Medical Examinations — Since TP 11343 — Medical Examination of Seafarers — Physician’s Guide has been repealed, subsection (2) has also been replaced with the following:
“(2) The designated physician conducting a medical examination shall
- (a) take into account, when assessing an applicant or holder, the medical fitness standards referred to and set out in Division 8 of Part 2 of the Marine Personnel Regulations; and
- (b) determine if the applicant or holder has depth perception.”
- Section 5 — Validity of Medical Reports — Subsection (1) has been amended to state that “a medical report remains valid for a period of not more than two years beginning on the day of its issuance,” rather than for one year.
- Section 6 — Re-examination — Because of the amendments to section 2, subsection 6(2) has been rewritten as follows: “An applicant or holder who has reasonable grounds to believe that he or she is no longer physically or mentally fit for pilotage duties in accordance with subsection 2(3) shall immediately inform the Authority and request a medical re-examination.”
- Section 8 — Aids to Vision and Hearing — The portion of section 8 before paragraph (a) is amended to state that a holder requiring vision or hearing aids must be using them while performing pilotage duties and in the case of a visual aid, possess at least two of them; and, in the case of a hearing aid, possess replacement batteries for it. These requirements are consistent with those found in Division 8 of Part 2 of the Marine Personnel Regulations.
- Section 9 — Ranking of Certificates — With the entry into force of the MPR, section 9 has been repealed as it no longer applies to the current Regulations.
- Section 10 — Basic Certificate of Qualifications — Section 10 has been repealed and replaced with a more concise classification of the qualifications necessary for compulsory pilotage areas in Canada. In subsection 10(1), a table has been created that outlines the compulsory pilotage areas (column 1), and the required certificate of competency (column 2). Furthermore, subsection (1) was revised to state that “an applicant who intends to perform pilotage duties in a compulsory pilotage area set out in column 1 of the table to this subsection shall hold the certificate of competency set out in column 2 or, if more than one certificate of competency is set out in column 2, at least one of those certificates.” This re-organization is more clear, and easier to read and understand. The names of the certificate of competency have been updated to reflect the new names of certificates found in section 100 of the MPR.
In order to facilitate the transition from an “exemption” regime for Canadian flagged vessels towards a future “certification” regime in the Great Lakes Pilotage Authority region, subsection 10(2) has been added to allow Watchkeeping Mate certificate of competency for an applicant for a pilotage certificate if the individual is already performing pilotage duties and if he or she applies before January 1, 2013.
- Section 11 — Radio and Bridge Qualifications — Section 11 has been repealed. With the new requirement of the MPR, before a certificate of competency may be issued, the individuals need to have valid radio and bridge qualifications.
- Section 12 — Experience at Sea Qualifications — Section 12 has been amended to emphasize the term “accumulate”. Paragraph 1(b) has been rewritten to state that applicants must now have accumulated “at least 12 months as master of a ship or at least 24 months as the person in charge of the deck watch of a ship.” Subsection 12(2) has been amended to state that “in the case of an applicant for a licence who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority or the Great Lakes Pilotage Authority, the accumulated sea service need not be in that area.”
Furthermore, a subsection (4) has been added to the section. It states: “For the purposes of paragraph (1)(b), a person is in charge of the deck watch of a ship if the person has the immediate charge of the navigation, communications and safety of the ship and holds a certificate that authorizes him or her to do so.”
Consultation
Consultation in various forms has taken place with the parties affected by these amendments. The parties consulted include the four pilotage authorities, the Canadian Marine Pilots’ Association and the Canadian Shipowners Association. Over the last two years, consultation took the form of meetings, as well as written, personal, and telephone communication with all affected parties. All parties support the amendments to the Regulations.
The proposed Regulations were published in the Canada Gazette, Part Ⅰ, on October 1, 2011, followed by a 30-day comment period. Eight comments were received from the Great Lakes marine industry, regarding the minimum certificate of competency required to obtain a Great Lakes pilotage certificate. According to the industry asking for a certificate of competency higher than a Watchkeeping Mate certificate or a Watchkeeping Mate, Near Coastal to obtain a Great Lakes pilotage certificate could jeopardize the long-term commercial viability of the Canadian maritime industry on the Great Lakes.
Considering that an applicant for a pilotage certificate who applies after December 31, 2012, shall, as mentioned in the Great Lakes Pilotage Regulations, either
- (i) pass an examination conducted by a Board of Examiners by showing a knowledge of the topics set out in section 13 that is compatible with the safe performance of pilotage duties, or
- (ii) have successfully completed the Great Lakes Marine Pilotage Certificate Training Program;
Considering also that the challenge identified by the Auditor General in the Great Lakes Pilotage Authority Special Report of April 2008 was to find a way for the Great Lakes Pilotage Authority to gain assurance or verification that the officers who are performing pilotage duties in a compulsory pilotage area have the required qualifications and competencies, it has been decided that a Watchkeeping Mate certificate of competency or a Watchkeeping Mate, Near Coastal certificate of competency is acceptable to obtain a Great Lakes pilotage certificate.
Implementation, enforcement and service standards
The Regulations establish minimum standards that apply to each pilotage authority. These standards apply unless a pilotage authority adds to the minimum in its own Pilotage Regulations.
According to section 48 of the Pilotage Act, every person who contravenes or fails to comply with any regulation made by the Governor in Council is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Contact
Naim Nazha
Director
Marine Personnel Standards and Pilotage
330 Sparks Street
Place de Ville, Tower C, 8th Floor
Ottawa, Ontario
K1A 0N8
Telephone: 613-990-4350
Email: naim.nazha@tc.gc.ca
Footnote a
R.S., c. 31 (1st Supp.), s. 86
Footnote b
R.S., c. P-14
Footnote 1
SOR/2000-132