Vol. 148, No. 6 — March 12, 2014

Registration

SOR/2014-36 February 28, 2014

PILOTAGE ACT

Regulations Amending the Atlantic Pilotage Authority Regulations

P.C. 2014-166 February 28, 2014

RESOLUTION

Whereas the Atlantic Pilotage Authority, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), published a copy of the proposed Regulations Amending the Atlantic Pilotage Authority Regulations, in the annexed form, in the Canada Gazette, Part I, on November 16, 2013;

Therefore, the Atlantic Pilotage Authority, pursuant to subsection 20(1) of the Pilotage Act (see footnote b), makes the annexed Regulations Amending the Atlantic Pilotage Authority Regulations.

Halifax, December 18, 2013

CAPTAIN R. A. MCGUINNESS
Chief Executive Officer
Atlantic Pilotage Authority

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 20(1) of the Pilotage Act (see footnote c), approves the annexed Regulations Amending the Atlantic Pilotage Authority Regulations, made by the Atlantic Pilotage Authority.

REGULATIONS AMENDING THE ATLANTIC PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. (1) The definition “deck watch officer” in section 2 of the Atlantic Pilotage Authority Regulations (see footnote 1) is repealed.

(2) The definition “gross tons” in section 2 of the Regulations is replaced by the following:

“gross tons” means gross tonnage as defined in section 2 of the Canada Shipping Act, 2001; (jauge brute)

(3) Section 2 of the Regulations is amended by adding the following in alphabetical order:

“person in charge of the deck watch” means a person who has the immediate charge of the navigation, communications and safety of a ship and who holds a certificate of competency that authorizes him or her to do so; (personne chargée du quart à la passerelle)

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

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

(3) Paragraph 4(2)(f) of the Regulations is replaced by the following:

(4) Subsection 4(2.1) of the Regulations is replaced by the following:

(2.1) Despite subsection (1), a ship that is 225.5 m (739.83 ft.) or less in length is not subject to compulsory pilotage within the portion of the Cape Breton compulsory pilotage area described in paragraph 1(d) of Part III of the schedule (Zone D, Strait of Canso) unless the ship is conducting operations that require it to move alongside or depart from alongside another ship.

(5) Subsection 4(3) of the Regulations is replaced by the following:

(3) Despite subsection (2), a ship referred to in paragraph (2)(b), (c), (d), (e) or (f) is subject to compulsory pilotage within the areas referred to in section 3 if the Authority determines that the ship poses a risk to safe navigation for any of the following reasons:

3. Section 5 of the Regulations is replaced by the following:

BOARDING STATIONS

5. If a boarding station is within a compulsory pilotage area, the Authority may waive compulsory pilotage in respect of the ship in either of the following circumstances:

URGENT CIRCUMSTANCES

5.1 The Authority may waive compulsory pilotage in respect of a ship in any of the following circumstances:

UNAVAILABILITY OF PILOTS

5.2 (1) Subject to subsection (2), the Authority may, on application, waive compulsory pilotage in respect of a ship in either of the following circumstances:

(2) The Authority shall not waive compulsory pilotage in respect of a ship under this section unless the owner, master or agent of the ship has complied with sections 6 to 8 and the application for waiver contains the following information:

EXTENDED WAIVERS

5.3 (1) If safe navigation will not be impeded, the Authority may, on application, waive compulsory pilotage in respect of a ship for a period of up to one year in any of the following circumstances:

(2) A waiver under paragraph (1)(a) is valid only for a site specified in the waiver, for travel to or from any harbour specified in the waiver and, in the case of dredging work, for travel to or from any spoil grounds specified in the waiver.

(3) A waiver under this section shall be issued in writing.

(4) If safe navigation will not be impeded, the Authority may, on application, renew a waiver under this section for a period of up to one year and may do so more than once.

CONDITIONS AND RESCISSIONS

5.4 The Authority may, on a waiver of compulsory pilotage, impose any conditions that are necessary to ensure safe navigation.

5.5 The Authority may, at any time, rescind a waiver of compulsory pilotage in respect of a ship if

4. Section 12 of the Regulations is replaced by the following:

12. A licence or pilotage certificate that is issued by the Authority for a compulsory pilotage area, and that has the name of that area endorsed on it, permits its holder to perform pilotage duties only in that area and in any approach to or from a boarding station for that area that is located outside of it.

5. The heading before section 14 and sections 14 and 15 of the Regulations are replaced by the following:

QUALIFICATIONS

GENERAL QUALIFICATIONS

14. (1) In addition to meeting the navigational and health qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate shall

(2) The holder of a licence or pilotage certificate shall

EXPERIENCE AT SEA — APPLICANTS

14.1 (1) In addition to meeting the experience at sea qualifications prescribed by the General Pilotage Regulations, an applicant for a licence or a pilotage certificate for a compulsory pilotage area shall, within the five-year period immediately before the date of the application,

(2) Instead of meeting the additional experience at sea qualifications prescribed by subsection (1), an applicant for a licence for a compulsory pilotage area may, within the two-year period immediately before the date of the application, have successfully completed a familiarity program that is established by the Authority and provides an equivalent degree of experience.

14.2 (1) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for a compulsory pilotage area set out below shall, within the two-year period immediately before the date of the application, have completed at least 12 one-way trips in that area while being on the bridge of a ship:

(2) In addition to meeting the additional experience at sea qualifications prescribed by section 14.1, an applicant for a pilotage certificate for any compulsory pilotage area that is not set out in subsection (1) shall, within the two-year period immediately before the date of the application, have completed at least four one-way trips in that area while being on the bridge of a ship.

(3) Subsections (1) and (2) do not apply in respect of an applicant for a pilotage certificate for a compulsory pilotage area if

EXPERIENCE AT SEA — HOLDERS

14.3 (1) The holder of a licence for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

(2) The holder of a licence for any compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

(3) Subsections (1) and (2) do not apply in respect of the holder of a licence for a compulsory pilotage area if

14.4 (1) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area set out below shall, while having the conduct of a ship, complete at least 12 one-way trips in that area every two years:

(2) Subject to section 24, the holder of a pilotage certificate for a compulsory pilotage area that is not set out in subsection (1) shall, while having the conduct of a ship, complete at least four one-way trips in that area every two years.

14.5 The holder of a licence or a pilotage certificate shall, on request, provide the Authority with documents confirming that the holder meets, as applicable, the requirements of sections 14.3 and 14.4.

LICENCES FOR NON-COMPULSORY PILOTAGE AREAS

15. Subsection 14(1) does not apply in respect of an applicant for a licence for a non-compulsory pilotage area if the applicant is the holder of a licence for a compulsory pilotage area.

CONVICTIONS UNDER THE ACT OR THE CRIMINAL CODE

6. (1) Subsection 17(1) of the Regulations is replaced by the following:

17. (1) For the purpose of determining whether an applicant for a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the applicant to a Board of Examiners for an examination.

(1.1) For the purpose of determining whether the holder of a licence or a pilotage certificate meets the qualifications prescribed by the General Pilotage Regulations and these Regulations, the Authority shall refer the holder to a Board of Examiners for an examination.

(2) Subsection 17(3) of the Regulations is replaced by the following:

(3) Subject to subsections (3.1) and (3.2), a Board of Examiners shall be appointed by the Authority and shall consist of one representative of the Authority, who shall be the Chairperson of the Board, and the following additional examiners:

(3.1) An additional examiner for an examination respecting a compulsory pilotage area may be replaced as follows:

(3.2) The additional examiner for an examination respecting a non-compulsory pilotage area may be replaced as follows:

7. Section 18 of the Regulations is replaced by the following:

18. An applicant for a licence or a pilotage certificate shall, not less than 14 days and not more than 60 days before the date of the examination, provide the Authority with

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

(2) Paragraph 19(c) of the Regulations is replaced by the following:

9. Section 21 of the Regulations is replaced by the following:

21. (1) The fees payable to the Authority by an applicant for a licence are

(2) The fees payable to the Authority by an applicant for a pilotage certificate are

(3) The fee payable to the Authority by the holder of a pilotage certificate is $500 in respect of each compulsory pilotage area endorsed on the certificate for each period of two years after the year in which the certificate is issued.

10. Sections 23 and 24 of the Regulations are replaced by the following:

23. If a licence or a pilotage certificate is suspended by the Authority under paragraph 27(4)(b) of the Act, the holder of the licence or pilotage certificate shall, if he or she wishes to have the licence or certificate reinstated, take further training that will enable him or her to continue to meet the qualifications prescribed by paragraphs 14(1)(e) to (g) of these Regulations.

24. If the holder of a pilotage certificate for a pilotage area is unable to meet the applicable qualification prescribed by section 14.4, he or she shall take further training to ensure that his or her knowledge of the pilotage area is equivalent to that of a holder of a pilotage certificate who meets that qualification.

11. The heading before section 25 of the Regulations is replaced by the following:

SHIPPING INCIDENT

12. The English version of the Regulations is amended by replacing “Chairman” with “Chairperson” in the following provisions:

COMING INTO FORCE

13. These Regulations come into force on the day on which they are published in Part II of the Canada Gazette.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Transport Canada recently amended the General Pilotage Regulations in order to align them with the terminology found in the Marine Personnel Regulations, which came into force on July 1, 2007. In order to comply with these changes, various sections of the Atlantic Pilotage Authority Regulations (the Regulations) have to be amended. Terminology has also changed in the Ship Station (Radio) Regulations, 1999, the Ship Station (Radio) Technical Regulations, 1999 and the Radiocommunication Act. All of these changes have led to required amendments in the Regulations.

The Atlantic Pilotage Authority (the Authority) faces challenges in the recruitment and training of pilots. Restrictions in the current Regulations limit the pool of possible candidates because of the decrease in mariners in the domestic Canadian fleet calling at compulsory ports within Atlantic Canada.

The Authority has long had Regulations regarding the number of trips required in a compulsory pilotage area by pilotage certificate holders to maintain their certificate. However, there have been no similar requirements for holders of a pilotage licence. These required trips make sure the master has familiarity with the area to enhance safety and should also apply to licensed pilots.

In some areas, it is necessary for a pilot to board an inbound vessel outside the compulsory pilotage area in order to be available on the bridge of a ship as it reaches the compulsory area. A change in the Regulations is required to ensure that the pilot licence is valid for the approaches to the compulsory area, from the boarding station to the compulsory area limit.

The Authority charges fees to an applicant for a licence and pilotage certificate for the examination and the issuance of the licence or certificate. These fees are intended to offset the administrative costs, travel costs, and examiners fees incurred by the Authority. These fees have not increased for a number of years and no longer offset the actual costs incurred.

Background

The Authority is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic Provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d’Espoir.

In 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 objectives. The Authority has examined the current Regulations and is making a number of adjustments to reflect changes in related regulations, to deal with challenges presented by external factors, and to clarify language and modernize terminology.

Objectives

The amendments have the following objectives:

(1) Harmonize wording of the Regulations with the wording found in the General Pilotage Regulations;

(2) Address challenges faced in the recruitment and training of pilots;

(3) Improve safety through licence requirements and operational changes; and

(4) Ensure fees collected offset administration and other costs incurred by the Authority for the examination and the issuance of a licence or certificate.

Description

The Authority is amending the Regulations in several areas to be consistent with the following:

For example, references to a “deck watch officer” were repealed or replaced with “person in charge of the deck watch” as the term was removed from the General Pilotage Regulations. The names of the certificate of competency have been updated to reflect the new names of certificates found in the Marine Personnel Regulations (e.g. Master, Intermediate Voyage was updated to the new certificate of Master, Near Coastal; the Master, ship of not more than 350 tons, gross tonnage, has been replaced by a Master 500 gross tonnage, Near Coastal). Lastly, the term “Restricted Radiotelephone Operator’s certificate” was replaced with “Restricted Operator’s Certificate (ROC-MC)” to be current with new terminology.

The Authority is updating its Regulations to address challenges faced in the recruitment and training of pilots. Restrictions in the current Regulations limit the pool of possible candidates because of the decrease in mariners in the domestic Canadian fleet calling at compulsory ports within Atlantic Canada. The amendments to the Regulations will allow additional options for an applicant to become familiar with the areas for which apprentice pilots are being recruited by changing the applicant screening process. These changes in the recruitment process and for licence holders will enhance the safety of the pilotage service by providing a larger pool of potential candidates, and by ensuring that licence holders maintain current local knowledge of areas for which they hold a licence.

The Authority has long had Regulations regarding the number of trips required in a compulsory pilotage area by pilotage certificate holders to maintain their certificate. However, there have been no similar requirements for holders of a pilotage licence. Amendments are being made that will establish this requirement for pilotage licence holders. The number of trips required for applicants and holders of licences or certificates have been reconciled so that the requirement for 12 trips in two years applies only to major ports. In addition, the Authority will have the ability to consider other options for licence holders to maintain their experience requirements where there is not sufficient traffic in their area.

In some areas, it is necessary for a pilot to board an inbound vessel outside the compulsory pilotage area in order to be available on the bridge of a ship as it reaches the compulsory pilotage area. The amendments to the Regulations will ensure that the pilotage licence is valid for the approaches to the compulsory pilotage area, from the boarding station to the compulsory pilotage area limit.

The waiver provisions in the Regulations which allow the Authority to waive the requirement of compulsory pilotage are being updated to provide more flexibility, allowing the Authority to issue waivers for shorter periods of time. Additional types of operations in which waivers could be granted have been added, such as the construction of a wharf, pier, building or other infrastructure along a shoreline, movements of a barge provided that the barge does not move more than 100 m from a pier, wharf or shoreline, and offshore supply vessels while moving within 150 m of their operations base. These assignments do not pose significant risk to safety and may use a significant amount of the Authority’s resources in a port if a waiver cannot be granted. These resources are better utilized to provide the required service for industry for operations that pose a risk to safety. The Authority will be able to specify conditions with the issuance of waivers and have the ability to rescind a waiver where the conditions are not met. Similarly, the requirement for compulsory pilotage where there is a risk to navigational safety will be expanded to situations where that risk is a result of the operations being conducted by a ship that would not otherwise be subject to compulsory pilotage.

The amendments provide clarity on the requirement for pilotage in a tug and tow situation. The current wording is not clear on how the tonnage requirement applies to a tug and tow combination where there is only one unit being towed. The current wording allows for high tonnage or large single tows. The amendments will specify that pilotage is required for all tug and tow situations if the tug exceeds 1 500 gross tons or if there is more than one unit being towed, and the combined tow exceeds 500 gross tons.

Pilotage has been provided at Pugwash for many years by local resident fishers. These local residents have proven to be competent pilots and have gained the trust of the shipping industry and the local port users. However, the incumbents do not have the marine qualifications currently required under the General Pilotage Regulations and the Atlantic Pilotage Authority Regulations. The amendments are intended to confirm the ability of a pilot to hold a licence for the Pugwash compulsory pilotage area where he or she has a certain number of trips within the area.

The Authority charges fees to an applicant for a licence and pilotage certificate for the examination and the issuance of the licence or certificate. These fees are intended to offset the administrative costs, travel costs, and examiners fees incurred by the Authority. These fees have not increased for a number of years and no longer offset the actual costs incurred. The Authority receives between $5,000 and $10,000 in total annually from these fees. These fees are expected to cover all processing and administration costs related to the preparation and offering of examinations as well as processing licences, certificates, and renewals. If left at the current rates, the costs associated with paying the examiners, the related travel costs for Authority employees, and administrative processing costs would not be covered. Given the need to provide a safe and efficient pilotage service, the Authority sees no other viable alternatives. The increased charges will not represent a significant burden for the applicants and will allow the Authority to offset the cost of these services.

“One-for-One” Rule

The amendments are considered an “OUT” under the Rule. These amendments are not expected to add any administrative burden on industry as the majority of the changes are terminology adjustments or relate to recruitment and qualifications for licences and certificates. These items have very little to no impact on industry. Fees are being adjusted, but there is no change in the administrative burden.

There are changes that will affect pilotage requirements. Pilotage will be required in some rare instances where it currently is not, depending on the operations of the vessel. Even though this is an extra order agents will have to make, there will be no incremental administrative burden as these vessels and agents are already contacting Canso Traffic and are already arranging pilotage for the larger vessels for each of these operations. Putting in the additional order for the smaller vessels will not create a measurable increase in administrative burden.

The reduction in administrative burden is due to the flexibility the Authority will have to offer waivers for specific operations not deemed to pose significant risk. These waivers will allow vessels to move within the designated area for a designated period of time without requiring a pilot. It is estimated that this waiver would cover, on average, approximately 200 movements (which will either require a pilot or submission of a waiver request). Each vessel will not have to make the request for each movement, which will create a net burden reduction. The formula is as follows:

Net Burden Reduction = [1 operation requesting blanket waiver × 0.5 hours × $30/hour] – [200 movements × 0.5 hours per request × $30 per hour]

On average, the Authority may get this type of request once every two years. Using the Treasury Board Secretariat Regulatory Cost Calculator, it was estimated that this will result in an annualized average reduction in administrative burden of $1,744.

Small business lens

The small business lens does not apply to this amendment, as there are no costs (or significant costs) to small business.

Consultation

Consultation in various forms has taken place with the parties affected by these amendments. Stakeholders in each of the major ports (Halifax, Saint John, Cape Breton, and Southeastern Newfoundland and Labrador) as well as the Shipping Federation of Canada, the Canadian Shipowners Association, and Canadian Marine Pilots’ Association were sent the amendments for comment. Representatives from the pilots were consulted extensively on each regulation change and the possible effects of each. In each of these meetings, operational issues and alternatives were discussed, and as a result, several amendments were made to the proposal. The response from the stakeholders has been positive, with every indication that the changes are seen as reasonable and necessary.

These amendments were prepublished in the Canada Gazette, Part I, on November 16, 2013, followed by a 30-day comment period to provide interested persons with the opportunity to make comments or to file a notice of objection. No comments were received and no notices of objection were filed.

Rationale

The changes in language and references to align the Regulations with the General Pilotage Regulations are required to ensure consistency in numerous sections. Increasing relevance and readability also applies to the changes made to modernize language to match updated references in the Canada Shipping Act, 2001, the Ship Station (Radio) Regulations, 1999, the Ship Station (Radio) Technical Regulations, 1999 and the Radiocommunication Act.

These updated regulations are expected to open up a wider pool of potential pilot recruits by giving applicants more options on how they become familiar with the areas and by making changes to the applicant screening process. There will also be more options for holders of pilotage licences to maintain the number of required trips in areas where there is declining or intermittent traffic. In order for the Authority to be able to provide qualified pilots in these areas, it is important that there be as many tools as possible available for training and familiarization. These changes in the recruitment process and for licence holders will not affect the safety or efficiency of the pilotage service, as there will be a requirement to complete a familiarity program established by the Authority. The status quo in these areas would have left the Authority in a situation where it is getting more difficult to recruit qualified and suitable mariners to be pilots.

The Authority is also addressing a disparity in the requirements for licence holders and holders of a pilotage certificate. The regulation changes mitigate these concerns. The Authority has had Regulations that specified the number of trips required in a compulsory pilotage area by pilotage certificate holders to maintain their certificate. There is not a similar requirement for holders of a pilotage licence. These amendments will establish this requirement for pilotage licence holders so that holders of licences or certificates will require the same number of trips to keep their qualifications active. For areas where there may not be sufficient traffic to meet this requirement, the Authority will have the ability to consider other options for licence holders to maintain their experience.

For areas like Halifax, where course adjustments are needed as soon as a vessel enters a pilotage area or where it may be a safer pilot transfer outside of the designated pilotage zone, safety is enhanced by having the pilot board an inbound vessel at a boarding station outside of the compulsory pilotage area. The changes to the Regulations will allow the pilot licence or certificate to cover the approaches to the boarding station in addition to the actual pilotage zone. This change will enhance safety in some areas by providing time to allow pilots to be on the bridge and discuss passage plans with the master of a vessel before entering the compulsory area.

In performing its duties, the Authority charges fees to an applicant for a licence intended to cover the costs of the examination and for the licence issuance. Similar fees are also charged to applicants for pilotage certificates. The fees for a licence will increase from $250 to write the examination and $250 for the issuance of a license to $500 for each. For the applicants for a pilotage certificate, the fees will increase from $1,000 to write the examination and $250 for the issuance of the certificate to $2,000 and $500 respectively. The fee for the renewal of the certificate will increase from $250 to $500 payable every two years. The Authority, on average, has three people annually who write for a licence and two who write for a certificate.

The fee increases in these Regulations will provide an additional $5,000 to $10,000 annually to cover the costs of these services. These fees are expected to cover all processing and administration costs related to the preparation and offering of examinations as well as the processing of licences, certificates, and renewals. If left at the current rates, the costs associated with paying the examiners, the related travel costs for Authority employees, and administrative processing costs would not be covered. Given the need to provide a safe and efficient pilotage service, the Authority sees no other viable alternatives.

These amendments will not increase costs for the Authority and will have a minimal cost to industry. The changes will provide a clearer understanding of the Regulations for all parties, while providing the Authority some benefits to help meet its mandate to establish, operate, maintain and administer, in the interest of safety, an efficient pilotage service.

During the process to develop these regulation changes, the Authority consulted with various stakeholders, including Transport Canada, pilot representatives and representatives of industry. Any concerns that were raised during consultation have been addressed.

Implementation, enforcement and service standards

Section 47 of the Pilotage Act provides that, except where an Authority waives compulsory pilotage, the owner, the master or the 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.

Section 48 of the Pilotage Act stipulates that every person who fails to comply with the Act or the Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

Contact

Captain R. A. McGuinness
Chief Executive Officer
Atlantic Pilotage Authority
Cogswell Tower, Suite 910
2000 Barrington Street
Halifax, Nova Scotia
B3J 3K1
Telephone: 902-426-2550
Fax: 902-426-4004