Vol. 133, No. 44 — October 30, 1999

General Pilotage Regulations

Statutory Authority

Pilotage Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Section 52 of the Pilotage Act gives the Governor in Council the authority to make regulations:

— prescribing the minimum qualifications (navigational, experience at sea and health) required by applicants for a licence or pilotage certificate;

— respecting the medical examinations that a licenced pilot or holder of a pilotage certificate must undergo and the intervals at which they are held, these intervals not to be less than once every three years;

— prescribing the forms of licences and pilotage certificates; and

— prescribing the rules of procedure regarding the holding of hearings by pilotage authorities (Authorities).

During the past two decades, the General Pilotage Regulations, C.R.C., c. 1263, have been amended periodically. However, this is the first time that a complete revision has been conducted since their inception in February 1973. These new Regulations are up-to-date, better organized and easier to read.

In the course of this revision, it was necessary to add various definitions to the interpretation section and to repeal certain non-essential terms.

The sections relating to the health qualifications have been considerably revised and expanded to address medical examinations, medical reports and aids to vision and hearing. The content is substantially based on provisions in Division 8 of the Crewing Regulations which regulate the medical examination of seafarers.

With respect to the frequency of medical examinations, the revision requires licence and pilotage certificate holders to have an annual medical examination, whereas previously examinations were required only every three years. This change in frequency is in line with various contract and collective agreements between some of the Authorities and their pilots requiring annual medical examinations that are paid for by those Authorities.

The medical examination standards detailed in Schedule I of the old Regulations have been replaced by those common to the marine industry as set out in the Medical Examination of Seafarers — Physician's Guide, TP 11343, and referenced in the Crewing Regulations.

The certificates referred to in the sections on navigational qualifications have been updated to reflect the new certificate nomenclature described in the Marine Certification Regulations and, in certain cases, these minimum qualifications have been upgraded. In addition, by January 1, 2001, applicants and holders of licences and pilotage certificates will need to have a Restricted Operator Certificate with Maritime Qualification (ROC) and a certificate of attendance at a training program in Bridge Resource Management (BRM). The training on these courses is designed to enhance safety and give national recognition to certain sections of the Global Maritime Distress and Safety System (GMDSS) and the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers. (STCW).

The sections regarding experience at sea qualifications have been rewritten and the outdated provision in section 12 of the old Regulations relating to the Class B pilotage certificates for the Great Lakes has been dropped. In addition, the new Regulations mention specifically that pilotage applicants for the Laurentian Pilotage Authority (LPA) need not have sea service on board ships in the area for which the licence or pilotage certificate is sought. This is based on the fact that the LPA is the only Authority that provides a comprehensive two-year pilot apprenticeship program.

The forms for licences and pilotage certificates have been completely restructured. The descriptive details of holders have been deleted and replaced with a passport-sized, coloured photograph, renewable every five years.

The sections addressing procedures at hearings have been substantially revised to:

— delete incorrect references to the Pilotage Act;

— give effect to recent technology, such as electronic mail, which allows for the rapid transmission of documents;

— make the procedure more efficient by reducing the time intervals between each stage of the hearing; and

— elaborate and expand on the procedures in greater detail while ensuring consistency with the provisions contained in the Pilotage Act.

Throughout the rewriting of these Regulations, any references of a discriminatory nature were removed and replaced with gender neutral language and with provisions consistent with the Canadian Charter of Rights and Freedoms.

Alternatives

The first alternative, namely retention of the status quo, was considered and rejected since numerous inaccuracies and outdated provisions throughout the Regulations required immediate attention.

Making minor amendments to the Regulations was also a possible alternative. This second option was considered as an interim measure and subsequently rejected since the Regulations have not been thoroughly revised for 27 years and required a comprehensive overhaul.

The complete revision of these Regulations was the only practical alternative to ensure that each section was thoroughly reviewed and discussed with all interested parties in light of current technology, recent legislative and regulatory reform and changing standards.

Benefits and Costs

Implementation of the annual medical examination requirement will generally have a minimal economic impact on the Authorities. Presently, contract and collective agreements requiring annual medical examinations account for approximately 60 percent of the pilots nationally, and the associated costs are already included in the existing budgets of the relevant Authorities. The remaining 40 percent of the pilots whose contract or collective agreements do not require annual medical examinations number approximately 160 persons and are employed by two of the four Authorities. At an average cost of $200 per medical examination, it is estimated that these Authorities will need to budget an additional $20,000 and $12,000 respectively.

Pilots need to be fit and healthy to work safely in the adverse and hazardous conditions they frequently encounter in the performance of their duties. Contracts and collective agreements between the Authorities and the unions representing the pilots recognize this fact and have consistently supported annual medical examinations. These examinations are beneficial in that they ensure a pilot's fitness for duty and provide the earliest possible detection of medical disorders, thereby enabling early treatment.

Transportation Safety Board reports in the past few years have demonstrated that lack of compliance with BRM practices has been a causal or contributory factor in various marine incidents. Three of the Authorities have already provided their pilots with BRM training. The remaining Authority will need to budget for the training of approximately 110 pilots at an estimated cost of $130,000 to $200,000. This cost will vary depending on the training facility selected, the duration of the course and the number of pilots taking the course at any one time.

Currently, pilots who are required to hold a Restricted Radiotelephone Operators Certificate will need to update their radio qualifications and obtain a Restricted Operator Certificate (ROC) in order to give effect to the GMDSS.

As ROC courses become available, it is anticipated that the Authorities will make the necessary arrangements to provide their pilots with this training. These courses are expected to be of one or two days, duration and will be flexible with respect to the number of candidates. They can be held at a recognized training facility or at an appropriate location convenient to the Authority. It is anticipated that this flexibility will facilitate the scheduling of pilots for these courses and allow Authorities to maximize on the number of pilots being trained at any one time, thereby minimizing training costs.

While it is difficult to project actual costs for BRM and ROC courses, the benefits derived from such training, namely enhanced navigational safety, improved communications and greater protection for the marine environment, will exceed the costs associated with a marine casualty or pollution incident.

The reduced time intervals between the various stages in the hearing procedures will expedite the complete process and benefit both the Authority and the "aggrieved person" whose licence or pilotage certificate is in question by bringing matters to a speedy conclusion. In addition, speed is desirable for both parties as it reduces friction, anger, anxiety and costs.

Consultation

There was considerable consultation throughout the revisions of these Regulations which involved the four Authorities and several major stakeholders namely, the Shipping Federation of Canada, the Canadian Shipowners Association, the Canadian Marine Pilots Association, the Canadian Merchant Service Guild, the Chamber of Shipping of British Columbia and the Association des armateurs du Saint-Laurent.

The revision primarily addresses changes to the sections relating to health, navigational and experience at sea qualifications, and hearing procedures all of which could have a substantial impact on the Authorities. It was recognized that such an impact required a strong, active consultative process, and the continuous exchange of information provided by the Authorities contributed significantly to completing the various phases of the revision.

In addition to the ongoing discussions with the Authorities and the exchange of information with stakeholders, the contents of the revision were discussed in detail at meetings with representatives from the Canadian Marine Pilots Association and the Canadian Merchant Service Guild.

Throughout the revision, the Authorities and stakeholders have consistently supported the updating of these Regulations which will give effect to current practices and technological changes.

Compliance and Enforcement

Sections 27 and 30 of the Pilotage Act provide an Authority with the necessary compliance and enforcement mechanisms to suspend and cancel licences and pilot certificates where the licenced pilot or the holder of a pilotage certificate does not meet the required qualifications.

Section 48 of the Pilotage Act provides for penalties if the Regulations are contravened. These include fines of up to $5,000.

Contact

Captain Harvey Wade, Senior Advisor, Pilotage and Certification, Marine Safety, Place de Ville, Tower C, 10th Floor, Ottawa, Ontario K1A 0N8, (613) 998-0697 (Telephone), (613) 990-1538 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 52(see footnote a) of the Pilotage Act, to make the annexed General Pilotage Regulations.

Interested persons may make representations to the Minister of Transport with respect to the proposed Regulations within 30 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Captain F. H. Wade, Marine Safety Directorate, Certification and Pilotage, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 10^th Floor, Ottawa, Ontario K1A 0N8. (Tel.: (613) 998-0697; fax: (613) 990-1538)

Ottawa, October 21, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

GENERAL PILOTAGE REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act" means the Pilotage Act. (Loi)

"applicant" means an applicant for a licence or pilotage certificate. (demandeur)

"certificate", except for a pilotage certificate, means a certificate referred to in paragraph 3(1)(a) of the Crewing Regulations. (brevet ou certificat)

"deck watch officer" means a person who has the immediate charge of the navigation and safety of a ship, but does not include a pilot. (officier de quart à la passerelle)

"designated physician" means a physician who is

(a) knowledgeable about pilotage duties; and

(b) designated by an Authority or who practises medicine in an occupational medicine clinic that is designated by an Authority. (médecin désigné)

"holder" means a holder of a licence or pilotage certificate. (titulaire)

"physician" means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. (médecin)

"TP 11343" means the standard TP 11343, Medical Examination of Seafarers — Physician's Guide, issued by the Department of Transport, as amended from time to time. (TP 11343)

PART 1

LICENCES AND PILOTAGE CERTIFICATES

Health Qualifications

Physical and Mental Fitness for Pilotage Duties

2. (1) Every applicant or holder shall undergo a medical examination, at the time or within the interval prescribed in this subsection, conducted by a designated physician to determine the applicant's physical and mental fitness for pilotage duties

(a) in the case of an applicant, before the licence or certificate is issued; and

(b) in the case of a holder, annually.

(2) Paragraph (1)(a) does not apply to an applicant who intends to perform pilotage duties in an area in a pilotage region and

(a) who is the holder of a valid licence or pilotage certificate for another area in the same pilotage region; and

(b) whose medical report is valid.

(3) An applicant or holder is physically and mentally fit for pilotage duties if the applicant or holder

(a) does not suffer from any of the disabilities referred to in subsection 3(1); and

(b) meets the medical requirements of paragraph 3(2)(a).

Medical Examinations

3. (1) The designated physician conducting a medical examination shall determine whether the applicant or holder suffers from

(a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;

(b) a disorder that could prevent the applicant or holder from reacting effectively while performing pilotage duties;

(c) a disorder that could prevent the applicant or holder from having the strength, agility or ability necessary for performing pilotage duties in all weather and sea conditions likely to be encountered while performing pilotage duties;

(d) a disorder that could prevent the applicant or holder from speaking in a clear and prompt manner while performing pilotage duties;

(e) a condition that could endanger others, taking into account the duration of pilotage duties and the conditions on board ship;

(f) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or

(g) an active psychiatric disorder, including an addiction to drugs or alcohol.

(2) The designated physician conducting a medical examination shall

(a) examine the applicant against the medical requirements for deck department personnel set out in TP 11343; and

(b) subject to subsection 2(1), ensure that the examination conforms to the guidelines for the examination of deck department personnel set out in TP 11343.

Medical Reports

4. (1) A designated physician shall, after completing the medical examination of an applicant or holder, issue a medical report to the Authority.

(2) The designated physician shall set out in the medical report an assessment of the applicant or holder as

(a) unfit for pilotage duties;

(b) fit for pilotage duties with limitations; or

(c) fit for pilotage duties without limitations.

(3) A designated physician who assesses an applicant or holder as fit for pilotage duties with limitations shall state those limitations in the medical report.

Validity of Medical Reports

5. (1) Except if a re-examination is required under section 6 and subject to subsection (2), a medical report remains in force for one year beginning on the day of its issuance.

(2) A physician may, taking into account the state of health of the applicant or holder examined in relation to pilotage duties, issue a medical report that specifies a shorter period of validity than the period prescribed in subsection (1).

Re-examination

6. (1) An Authority may at any time require a medical re-examination if

(a) the Authority has reasonable grounds to believe that the state of health of the applicant or holder may constitute a risk to the safety of the ship or of persons on board the ship; or

(b) the applicant or holder requests it.

(2) An applicant or holder who has reasonable grounds to believe that the applicant or holder no longer meets the medical requirements referred to in paragraph 2(3)(a) or 3(2)(a) shall immediately inform the Authority and request a medical re-examination.

Disagreement with a Medical Report

7. (1) An applicant or holder who disagrees with the medical report may, within 15 days after being informed of its content, make a request in writing to the Authority to submit to a medical examination by a physician chosen by the applicant or holder.

(2) The physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

(3) If the physician disagrees with the assessment of the designated physician, the Authority shall, on the recommendation of both physicians, appoint a third physician to conduct a medical examination of the applicant or holder.

(4) The appointed physician shall conduct the medical examination and make a medical report in accordance with sections 3 to 5.

(5) The report of the appointed physician is final and binding on the Authority and the applicant or holder.

Aids to Vision and Hearing

8. A holder who is required to use an aid to vision or hearing to meet the requirements of TP 11343 shall, while performing pilotage duties,

(a) use the aid;

(b) in the case of an aid to vision, possess at least two of them; and

(c) in the case of an aid to hearing, possess replacement batteries for it.

Navigational Qualifications

Ranking of Certificates

9. A requirement in these Regulations that a person hold a named certificate is satisfied if the person holds a valid certificate that entitles the holder to all the rights and privileges of the named certificate.

Basic Certificate Qualifications

10. (1) An applicant who intends to perform pilotage duties in an area in the region of the Atlantic Pilotage Authority shall hold

(a) a master, intermediate voyage, certificate if the applicant is to perform pilotage duties in the compulsory pilotage area of

(b) a master, intermediate voyage, certificate or a master, ship of not more than 350 tons, gross tonnage, or tug, local voyage, certificate if the applicant is to perform pilotage duties in any other area.

(2) An applicant who intends to perform pilotage duties in an area in the region of the Laurentian Pilotage Authority shall hold

(a) a master, local voyage, certificate; or

(b) a first mate, intermediate voyage, certificate.

(3) An applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority shall hold

(a) a master, intermediate voyage, certificate if the applicant is to perform pilotage duties in the compulsory pilotage area of the Port of Churchill, Manitoba; or

(b) a master, local voyage, certificate if the applicant is to perform pilotage duties in a compulsory pilotage area other than the Port of Churchill, Manitoba.

(4) An applicant who intends to perform pilotage duties in an area in the region of the Pacific Pilotage Authority shall hold

(a) a master, intermediate voyage, certificate; or

(b) a master, ship of not more than 350 tons, gross tonnage, or tug, local voyage, certificate.

Radio and Bridge Qualifications

11. Beginning on January 1, 2001, an applicant or holder shall hold

(a) a Restricted Operator Certificate with Maritime Qualification; and

(b) a certificate of attendance at a training program in bridge resource management recognized by the Authority as meeting the requirements of Part B of Chapter VIII of the International Convention on Standards of Training, Certification and Watch- keeping for Seafarers, 1978 (STCW), as amended from time to time.

Experience at Sea Qualifications

12. (1) An applicant shall have the following sea service:

(a) subject to subsection (2), within the five years before the date of the application, sea service on board ships engaged on voyages in the area in which the applicant intends to perform pilotage duties that would give the applicant a general knowledge of that area; and

(b) at least 12 months as master of a ship or at least 24 months as deck watch officer of a ship.

(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, the sea service need not be in that area.

(3) Subsection (1) does not apply in the case of an applicant who intends to perform pilotage duties in an area in the region of the Great Lakes Pilotage Authority if the applicant is the holder of a valid licence or pilotage certificate for another area in that region.

Form of Licences and Pilotage Certificates

13. (1) A licence shall be in Form 1 of Schedule 1.

(2) A pilotage certificate shall be in Form 2 of Schedule 1.

Renewal of Photographs

14. (1) Every five years on the anniversary date of the issuance of a licence or pilotage certificate, the holder shall provide to the appropriate Authority the licence or pilotage certificate along with a passport photograph of the holder, in colour and measuring 50 mm x 70 mm, that was taken within the previous six months.

(2) Immediately on receipt of the passport photograph and the licence or pilotage certificate, the pilotage authority shall affix the photograph to the licence or pilotage certificate and return it to the holder.

PART 2

PROCEDURE AT HEARINGS

Interpretation

15. In this Part, "aggrieved person" means an applicant or a holder or their representative who, under subsection 28(1) or (2) of the Act, is entitled to a reasonable opportunity to be heard.

Application

16. This Part applies in respect of hearings held by an Authority under section 28 of the Act.

Service of Documents

17. Subject to subsection 23(2), a document required to be served under this Part shall be served by

(a) personal service;

(b) registered mail; or

(c) electronic means such as fax or E-mail sent to the address that is shown for the person to be served on the register kept by the Authority under section 32 of the Act or, if applicable, to the latest known address of the person's residence or place of business.

Notice Respecting Action Proposed by Authority

18. (1) Before refusing to issue a licence or pilotage certificate or before suspending or cancelling one, an Authority shall serve a notice in Form 1 of Schedule 2 on an aggrieved person.

(2) The notice shall contain

(a) a statement of the action that the Authority proposes to take respecting the aggrieved person;

(b) a statement of the reasons for proposing to take the action, including whether the action is being taken because of the aggrieved person's conduct or competency;

(c) if applicable, a statement that the Authority is satisfied that it would be in the public interest to hold a public hearing;

(d) a list of all the documents in the possession of the Authority respecting the proposed action;

(e) a statement that the Authority will give the aggrieved person a hearing if the person or the person's representative, within five days after receiving the notice, serves a written request for a hearing on the Authority; and

(f) a statement that the aggrieved person may request that the hearing be a public hearing.

(3) If the Authority proposes to take the action because of the conduct or competency of the aggrieved person, the notice shall contain all relevant information as to when and from whom the Authority obtained its information respecting the conduct or competency.

(4) A copy of the notice shall be served on the Minister at the same time as it is served on the aggrieved person.

Notice of Hearing

19. (1) If within five days after receiving the notice prescribed under section 18 an aggrieved person serves a request for a hearing on the Authority, the Authority shall serve a notice of hearing in Form 2 of Schedule 2 on the aggrieved person.

(2) The hearing shall not be held within the 10 days after the day on which the notice of hearing is served.

(3) A copy of the notice shall be served on the Minister at the same time as it is served on the aggrieved person.

Failure to Appear

20. (1) Subject to subsection (2), if an aggrieved person does not appear at the time and place set out in the notice of hearing, the hearing is deemed to have been held and the Authority shall proceed with its proposed action.

(2) If within five days after the time set for the hearing the aggrieved person demonstrates to the Authority that, by reason of exceptional circumstances beyond the person's control, the person was unable to attend the hearing, the Authority shall serve a new notice in accordance with section 19.

Examination of Documents

21. An Authority shall, at the request of an aggrieved person, at least five days before the hearing and at the hearing, afford the aggrieved person the opportunity to examine every document in the possession of the Authority relating to the subject-matter of the hearing.

Witnesses

22. (1) An aggrieved person who wishes to have another person attend the hearing to give evidence or to produce documents or other relevant things shall, not less than five days before the day of the hearing, file the request with the Authority.

(2) On receiving the request, the Authority shall notify the person

(a) to give evidence at the hearing; and

(b) to produce documents or other things at the hearing, if applicable.

23. (1) The Authority may issue a summons in Form 3 of Schedule 2 requiring a person to attend the hearing, to give evidence and to produce documents or things.

(2) The summons shall be served personally on the person being summoned and shall specify the following amounts that shall be served together with the summons:

(a) a witness fee that does not exceed the amount to which the witness would be entitled under the Federal Court Rules; and

(b) reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater.

24. If the reason for the action that the Authority proposes to take is the conduct or competency of the aggrieved person, the Authority shall, at its own expense, require the attendance at the hearing of every person who made a report to the Authority respecting the conduct or competency of the aggrieved person.

Directions

25. The Authority may give directions as to the manner of holding a hearing to permit the aggrieved person the opportunity to present a full defence.

Adjournments

26. An Authority may adjourn a hearing by its own motion or if it is shown that the adjournment is required to permit a fair hearing to be held.

Decision after Hearing

27. Within 30 days after the end of a hearing, the Authority shall render its decision and shall without delay serve the decision and the reasons on the aggrieved person and the Minister.

REPEAL

28. The General Pilotage Regulations (see footnote 1) are repealed.

COMING INTO FORCE

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

SCHEDULE 1
(Section 13)

FORM 1

................................... Pilotage Authority
(Name and Crest of Authority)

LICENCE AS PILOT

Issued by the ......................... Pilotage Authority under section 22 of the Pilotage Act

............................................................................
(Print Name)

is qualified to carry out pilotage duties of Class subject to the following restrictions:

1................................................
         (Size and Type of Ship)

2...............................................
             (Pilotage Areas)

3...............................................

................................................

................................................

...............................................
         (Other Restrictions)

Issued under the seal of the .............................. Pilotage Authority

at ..........................................
                 (Place)

on .........................................
(Date of Issue, Day/Month/Year)

.................................................................
(Signature)                 

(seal)            (Chairman of the ............................. Pilotage Authority)

(Back of Licence)

Signature of Holder: ..................................

Navigational certificate(s) held by Holder:

Name of certificate:....................................

Date of issue: ............................................
                            (Day/Month/Year)

(Passport Photo-
graph in colour,
50 mm × 70 mm)

FORM 2

................................... Pilotage Authority
(Name and Crest of Authority)

PILOTAGE CERTIFICATE

Issued by the ...................................... Pilotage Authority under section 22 of the Pilotage Act

.........................................................................
(Print Name)

is qualified to carry out pilotage duties of Class ............................ subject to the following restrictions:

1. This authorization is only for carrying out pilotage duties on board the ship of whose complement the holder is a regular member and of which the holder is the master or a deck officer.

2...............................................
       (Size and Type of Ship)

3..............................................
            (Pilotage Areas)

4.............................................

...............................................

...............................................

..............................................
        (Other Restrictions)

Issued under the seal of the .............................. Pilotage Authority

at ................................................................
                                   (Place)

on ................................................................
           (Date of Issue, Day/Month/Year)

.................................................................
(Signature)                     

(seal) (Chairman of the ............................. Pilotage Authority)

(Back of Certificate)

Signature of Holder: .....................................

Navigational certificate(s) held by Holder:

Name of certificate: .....................................

Date of issue: .............................................
                       (Day/Month/Year)

(Passport Photo-
graph, in colour,
50 mm × 70 mm)

SCHEDULE 2
(Subsections 18(1), 19(1) and 23(1))

FORM 1

File No. ....................

............................................. Pilotage Authority

NOTICE OF ACTION AUTHORITY PROPOSES TO TAKE

TO: .........................................................................

................................................................................
            (Name and Address of Person Served)

1. YOU ARE HEREBY NOTIFIED that the .................... Pilotage Authority proposes to

.........................................................................................................
(State which action the Authority proposes to take: refusal to issue, suspension or cancellation of licence or pilotage certificate.)

for the following reasons:

.........................................................................................................
(State reasons, including whether the action is being taken because of the person's conduct or competency.)

2. THE .................................PILOTAGE AUTHORITY HAS THE FOLLOWING DOCUMENTS in its possession respecting this matter:

.........................................................................................................

.........................................................................................................

3. YOU OR YOUR REPRESENTATIVE ARE ENTITLED, under section 28 of the Pilotage Act, to a reasonable opportunity to be heard before any action is taken respecting this matter.

IF, WITHIN FIVE DAYS AFTER THE DAY OF RECEIPT OF THIS NOTICE, you or your representative serve on the Authority a written request for a hearing, you or your representative will be given the opportunity to be heard.

Service may be by

(a) personal service on a member of the Authority;

(b) registered mail; or

(c) electronic means such as a fax or an E-mail sent to the Authority at

.........................................................................................................
      (Address, Telephone Number and Fax Number of Authority)

4. If you or your representative request a hearing, you may, in the request, ask that the hearing be a public hearing.

5. Hearings under section 28 of the Pilotage Act are governed by the General Pilotage Regulations.

Dated at .............................................................
(Place)                            

on ......................................................................
(Day/ Month/ Year)                   

..............................................Pilotage Authority

per: ....................................................................
(Signature)                        

..........................................................................
(Title)                            

FORM 2

File No. ...................

.............................................Pilotage Authority

NOTICE OF HEARING

IN THE MATTER OF ....................................................................
   (Name of Person in Respect of Whom the Hearing Is to Be Held)

and

................................................ Pilotage Authority

and

........................................................................................................
(Action the Authority Proposes to Take)

TO: .................................................................................................
                        (Name and Address of Person Served)

You have requested that a hearing be held on the action mentioned above that the Authority proposes to take.

YOU ARE HEREBY ADVISED THAT A ................. HEARING
                                                                      (Private or Public)

will be conducted by the .................................. Pilotage Authority

at .....................................................................................................
                                           (Place)

at .....................................................................................................
                            (State Hour / a.m. or p.m.)

on ....................................................................................................
                     (Day of Week and Day/ Month/ Year)

IF YOU FAIL TO APPEAR, the hearing will be deemed to have been held and the Authority will proceed with its proposed action unless, within five days after the time set for the hearing, you demonstrate to the Authority that your failure was caused by exceptional circumstances beyond your control.

Dated .................................................................
(Day/ Month/ Year)                  

..............................................Pilotage Authority

per: ....................................................................
(Signature)                        

...........................................................................
(Title)                            

FORM 3

File No. ...................

SUMMONS TO WITNESS

IN THE MATTER OF ....................................................................
   (Name of Person in Respect of Whom the Hearing Is to Be Held)

and

................................................ Pilotage Authority

and

.........................................................................................................
(Action the Authority Proposes to Take)

TO: .................................................................................................
    (Name and Address of Person to Whom the Summons Is Directed)

YOU ARE REQUIRED TO ATTEND A HEARING TO GIVE EVIDENCE in the matter noted above to be conducted by the......................................................................Pilotage Authority

at .....................................................................................................
                       (Place and Room Number)

at .....................................................................................................
                       (State Hour / a.m. or p.m.)

on ....................................................................................................
                (Day of Week and Day/ Month/ Year)

YOU ARE ALSO REQUIRED TO BRING WITH YOU and produce the following documents or things:

.........................................................................................................

(Set out the date and nature of each document and thing and give particulars sufficient to identify each one.)

EXPENSES for .......................................day(s) are served with this

(Number of Days of Attendance)

summons, calculated as follows:

Witness fee:....................................................... $_____

Transportation allowance:.................................. $_____

Overnight accommodations and meal allowance: $_____

TOTAL: ...........................................................$_____

                                                                           _____

If further attendance is required, you will be entitled to additional money.

YOU WILL BE EXAMINED IN ....................... . If you prefer to
                                           (Identify official language.)

be examined in the other official language, an interpreter may be required and you must immediately advise the Authority.

IF YOU FAIL TO ATTEND AND REMAIN UNTIL THE END OF THE EXAMINATION OR IF YOU FAIL TO PRODUCE THE DOCUMENTS OR THINGS SPECIFIED, the Authority has the power under subsection 28(4) of the Pilotage Act to compel you to attend.

Dated .................................................................
(Day/ Month/ Year)                   

..............................................Pilotage Authority

per: ....................................................................
(Signature)                     

...........................................................................
(Title)                        

[44-1-o]

Order Amending the Schedule to the Canada Marine Act

Statutory Authority

Canada Marine Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The purpose of this Order is to add the Belledune Port Authority to Part 2 of the Schedule to the Canada Marine Act once the port authority is incorporated.

The Port of Belledune is currently a non-corporate port under the administration of the Canada Ports Corporation. The Canada Marine Act allows the Minister of Transport to issue letters patent of incorporation for a port authority if the port has the following characteristics: is financially self-sufficient; is of strategic significance to Canada's trade; is linked to a major rail line or a major highway infrastructure; and has diversified traffic. The Port of Belledune meets these characteristics and will be incorporated as the Belledune Port Authority.

The letters patent set out all matters which are specific to a port authority such as the real property it will manage, the navigable waters over which it will have jurisdiction, the composition of the board of directors, and restrictions on its activities. Port authorities are commercial entities and cannot rely on appropriations by Parliament to assist them in the discharge of their obligations and liabilities.

Alternatives

There is no alternative to adding the name of the port authority to Part 2 of the Schedule of the Canada Marine Act.

Benefits and Costs

Given the nature of the Order, there is no impact.

Consultation

Port of Belledune officials.

Compliance and Enforcement

There are no compliance or enforcement considerations for the Order.

Contact

For more information, please contact Mike Baker, Director, Domestic Marine Policy, Department of Transport, at (613) 991-3536.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of Transport, pursuant to subsection 6(2) of the Canada Marine Act(see footnote b), proposes to make the annexed Order Amending the Schedule to the Canada Marine Act.

Interested persons may make representations with respect to the proposed Order to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to M. Baker, Domestic Marine Policy, Department of Transport, Place de Ville, Tower C, 25th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5. (Tel.: (613) 991-3536; fax: (613) 998-1845)

Ottawa, October 19, 1999

DAVID M. COLLENETTE
Minister of Transport

ORDER AMENDING THE SCHEDULE TO THE CANADA MARINE ACT

AMENDMENT

1. Part 2 of the schedule to the Canada Marine Act is amended by adding the following:

Belledune Port Authority
Administration portuaire de Belledune

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

[44-1-o]

Regulations Amending the Port Authorities Works Interim Regulations

Statutory Authority

Canada Marine Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Port Authorities Works Interim Regulations provide for assessment of the impact of certain marine works on navigation in various ports.

The purpose of this amendment to the Regulations is to add the Belledune Port Authority to the schedule of the Port Authorities Works Interim Regulations making the Authority responsible for assessing the impact of its marine works on navigation in its port, once the Port Authority is incorporated under the Canada Marine Act.

The Interim Regulations will require the Port Authority, prior to undertaking marine works, to assess the impact of the works on navigation in the port and prepare a report. If the report indicates that the works would have an adverse effect on safety or any other aspect of navigation, the Port Authority will be required to take the measures as required in the Regulations. The Regulations preserve the status quo (these works are not generally approved under the Navigable Waters Protection Act) until the Port Authorities Operations Regulations dealing with marine works under the Canada Marine Act are completed.

The Port of Belledune is currently a non-corporate port under the administration of the Canada Ports Corporation. The Minister of Transport intends to issue letters patent of incorporation for the Belledune Port Authority.

Alternatives

There is no alternative to adding the name of the proposed Belledune Port Authority to the schedule. To do otherwise would create confusion by establishing another regulatory regime during the interim period before the Port Authorities Operations Regulations are made.

Benefits and Costs

The benefits are greater certainty over the assessment process until the new operations regulations are in force. There are no significant increased costs to the port authority for compliance.

Consultation

Port of Belledune officials.

Compliance and Enforcement

The federal government will rely on periodic special examinations, annual public meetings, feedback from the public, and departmental monitoring programs to monitor compliance with the Interim Regulations.

Contact

For more information, please contact Mike Baker, Director, Domestic Marine Policy, Department of Transport, at (613) 991-3536.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 62(1) of the Canada Marine Act (see footnote c), proposes to make the annexed Regulations Amending the Port Authorities Works Interim Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to M. Baker, Director, Domestic Marine Policy, Department of Transport, Place de Ville, Tower C, 25th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5. (Tel.: (613) 991-3536; fax: (613) 998-1845)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PORT AUTHORITIES WORKS INTERIM REGULATIONS

AMENDMENT

1. The schedule to the Port Authorities Works Interim Regulations(see footnote 2) is amended by adding the following in alphabetical order:

Belledune Port Authority

COMING INTO FORCE

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

[44-1-o]

Footnote a

R.S., c. 31 (1^st Supp.), s. 86

Footnote 1

C.R.C., c. 1263

Footnote b

S.C. 1998, c. 10

Footnote c

S.C. 1998, c. 10

Footnote 2

SOR/99-195

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