Vol. 143, No. 13 — June 24, 2009

Registration

SOR/2009-168 June 4, 2009

PILOTAGE ACT

Regulations Amending the Laurentian Pilotage Authority Regulations

RESOLUTION

The Laurentian Pilotage Authority, pursuant to subsection 20(1) of the Pilotage Act (see footnote a), hereby makes the annexed Regulations Amending the Laurentian Pilotage Authority Regulations.

Montréal, April 6, 2009

RÉJEAN LANTEIGNE
Chief Executive Officer
Laurentian Pilotage Authority

P.C. 2009-869 June 4, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 20(1) of the Pilotage Act (see footnote b), hereby approves the annexed Regulations Amending the Laurentian Pilotage Authority Regulations, made by the Laurentian Pilotage Authority.

REGULATIONS AMENDING THE LAURENTIAN PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. Section 41 of the Laurentian Pilotage Authority Regulations (voir référence 1) is replaced by the following:

41. The fees for licences, pilotage certificates and apprentice pilot permits and for any examinations and tests of applicants for licences, pilotage certificates or apprentice pilot permits are set out in Schedule III.

2. Schedule III to the Regulations is replaced by the Schedule III set out in Schedule 1 to these Regulations.

3. Schedule III to the Regulations, as enacted by section 2, is replaced by the Schedule III set out in Schedule 2 to these Regulations.

4. Schedule III to the Regulations, as enacted by section 3, is replaced by the Schedule III set out in Schedule 3 to these Regulations.

COMING INTO FORCE

5. (1) These Regulations, other than sections 3 and 4, come into force on the day on which they are registered.

(2) Section 3 comes into force on January 1, 2011.

(3) Section 4 comes into force on January 1, 2013.

SCHEDULE 1
(Section 2)

SCHEDULE III
(Section 41)

FEES FOR EXAMINATIONS AND TESTS AND FOR THE ISSUANCE OF LICENCES, PILOTAGE CERTIFICATES AND APPRENTICE PILOT PERMITS

Item	Column 1 Licence, Certificate, Examination or Test	Column 2 Fee ($)
1.	For review by the Authority of the documents referred to in section 21 or 26.3 for the issuance of a pilotage certificate or a Class D apprentice pilot permit	100
2.	For a language test given under paragraph 26.1(a), 26.2(a) or 28(3)(c)	100
3.	For issuing a Class D apprentice pilot permit	355
4.	For each written test for the issuance of a licence, pilotage certificate or Class D apprentice pilot permit	473
5.	For each oral test for the issuance of a licence or pilotage certificate	473
6.	For issuing a licence or pilotage certificate to an applicant who has passed the examination to obtain the licence or pilotage certificate	473
7.	For issuing a pilotage certificate of a different class from that held by the holder	355
8.	For issuing a Class B licence	355
9.	For issuing a Class A licence	355
10.	For issuing a licence, pilotage certificate or Class D apprentice pilot permit to replace one that has been lost	119

SCHEDULE 2
(Section 3)

SCHEDULE III
(Section 41)

FEES FOR EXAMINATIONS AND TESTS AND FOR THE ISSUANCE OF LICENCES, PILOTAGE CERTIFICATES AND APPRENTICE PILOT PERMITS

Item	Column 1 Licence, Certificate, Examination or Test	Column 2 Fee ($)
1.	For review by the Authority of the documents referred to in section 21 or 26.3 for the issuance of a pilotage certificate or a Class D apprentice pilot permit	105
2.	For a language test given under paragraph 26.1(a), 26.2(a) or 28(3)(c)	105
3.	For issuing a Class D apprentice pilot permit	373
4.	For each written test for the issuance of a licence, pilotage certificate or Class D apprentice pilot permit	497
5.	For each oral test for the issuance of a licence or pilotage certificate	497
6.	For issuing a licence or pilotage certificate to an applicant who has passed the examination to obtain the licence or pilotage certificate	497
7.	For issuing a pilotage certificate of a different class from that held by the holder	373
8.	For issuing a Class B licence	373
9.	For issuing a Class A licence	373
10.	For issuing a licence, pilotage certificate or Class D apprentice pilot permit to replace one that has been lost	125

SCHEDULE 3
(Section 4)

SCHEDULE III (Section 41)

FEES FOR EXAMINATIONS AND TESTS AND FOR THE ISSUANCE OF LICENCES, PILOTAGE CERTIFICATES AND APPRENTICE PILOT PERMITS

Item	Column 1 Licence, Certificate, Examination or Test	Column 2 Fee ($)
1.	For review by the Authority of the documents referred to in section 21 or 26.3 for the issuance of a pilotage certificate or a Class D apprentice pilot permit	111
2.	For a language test given under paragraph 26.1(a), 26.2(a) or 28(3)(c)	111
3.	For issuing a Class D apprentice pilot permit	392
4.	For each written test for the issuance of a licence, pilotage certificate or Class D apprentice pilot permit	522
5.	For each oral test for the issuance of a licence or pilotage certificate	522
6.	For issuing a licence or pilotage certificate to an applicant who has passed the examination to obtain the licence or pilotage certificate	522
7.	For issuing a pilotage certificate of a different class from that held by the holder	392
8.	For issuing a Class B licence	392
9.	For issuing a Class A licence	392
10.	For issuing a licence, pilotage certificate or Class D apprentice pilot permit to replace one that has been lost	132

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issue and objectives

The regulatory amendments are intended to update and set out future increases in fees for pilot licences, pilotage certificates and apprentice pilot permits and future increases in fees for exams and tests for pilot licence, pilotage certificate and apprentice pilot permit candidates.

Four amendments to the tariffs paid by users to the Laurentian Pilotage Authority (the Authority) are introduced. The amendments make adjustments to the current regulations or respond to user requests to promote efficient pilotage services.

The Authority is responsible for administering, in the interest of safety, an efficient marine pilotage service within all Canadian waters in and around the province of Quebec, north of the northern entrance to the Saint-Lambert Lock, except the waters of Chaleur Bay, south of Cap d’Espoir.

Description and rationale

Under 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 objects, including fixing the fee for any examination relating to the issue of a licence or pilotage certificate and the fee for issuing a licence or pilotage certificate.

So that the fees collected by the Authority under section 41 of the Laurentian Pilotage Authority Regulations appear specifically in these Regulations, section 41 and Schedule III are amended to update and set out future increases in these tariffs. These amendments will also enable the Authority to be compensated for the expenses it incurs in issuing licences and pilotage certificates.

Under subsection 33(1) of the Pilotage Act, an Authority shall, with the approval of the Governor in Council, prescribe tariffs of pilotage charges to be paid to that Authority for the services it provides. These tariffs are amended after consultation with pilotage service user groups.

First, the Authority is amending paragraph 2(6)(b) of the Laurentian Pilotage Tariff Regulations, which sets out the period of time during which a second pilot in District 2 can be assigned to a vessel with a voyage of longer than 10 consecutive hours without the user having to incur fees for this double pilotage. The current Regulations place this period between 9:00 p.m. and 2:59 a.m. As the result of an agreement with the Corporation of Lower Saint Lawrence Pilots, this period should be between 7:00 p.m. and 12:59 a.m. This amendment takes into account the fact that voyages benefiting from this system take place primarily at night.

Secondly, the current section 6.1 of the Laurentian Pilotage Tariff Regulations is repealed, because the Authority has finished collecting the temporary supplementary charge as planned. It is replaced by a provision that responds to a request by pleasure boat owners who are subject to mandatory pilotage. In light of the minimum tariffs applicable for these services, the amendments grant them a 15 % tariff reduction, except for pilot boat services. This amendment will have no significant impact on the Authority’s financial situation.

Lastly, the Authority would like to respond to a need expressed by a user who would like pilots in District 1 to be able to provide berthing and unberthing services in the Port of Québec at the request of the captain, the owner, or the vessel’s agent, like pilots in District 2 already do. The tariffs are the same as those paid for the services provided in District 2.

The amendments are therefore intended primarily to implement the tariffs requested by users. They will have no significant positive or negative financial impact for the Authority. However, they promote more efficient service without in any way compromising voyage safety.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals of 1999, and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of this amendment has been conducted, in the form of a Preliminary Scan. The SEA concluded that the amendments are not likely to have important environmental effects.

Consultation

The people affected by the amendments to the Laurentian Pilotage Authority Regulations are primarily candidates for licences and certificates. These individuals do not belong to any one organization or otherwise have a single representative, so it is difficult to consult them. The impact is minimal for them and does not hinder access to the pilot profession, nor does it constitute a limitation to the issuance of pilotage certificates.

The tariffs amendments in the Laurentian Pilotage Tariff Regulations are primarily the result of user requests.

These amendments were pre-published in the Canada Gazette, Part I, on February 28, 2009, and no comments nor notices of objection were received.

Implementation, enforcement and service standards

No licence or pilotage certificate can be issued if the applicable fees have not been paid.

Sections 42 and 43 of the Pilotage Act set out the liability for pilotage charges. Section 45 of the Pilotage Act sets out the means of collecting unpaid pilotage charges.

Contact

Captain Réjean Lanteigne
Chief Executive Officer
Laurentian Pilotage Authority
555 René-Lévesque Boulevard West, Suite 1501
Montréal, Quebec
H2Z 1B1
Telephone: 514-283-6320
Fax: 514-496-2409

Footnote a
R.S., c. P-14

Footnote b
R.S., c. P-14

Référence 1
C.R.C., c. 1268

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