Vol. 143, No. 26 — December 23, 2009

Registration

SOR/2009-329 December 10, 2009

PILOTAGE ACT

Regulations Amending the Pacific Pilotage Regulations

RESOLUTION

Whereas the Pacific Pilotage Authority, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), published a copy of the proposed Regulations Amending the Pacific Pilotage Regulations, in the annexed form, in the Canada Gazette, Part I, on September 12, 2009;

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

Vancouver, October 20, 2009

KEVIN OBERMEYER
President and Chief Executive Officer
Pacific Pilotage Authority

P.C. 2009-1983 December 10, 2009

Her 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), hereby approves the annexed Regulations Amending the Pacific Pilotage Regulations, made by the Pacific Pilotage Authority.

REGULATIONS AMENDING THE PACIFIC PILOTAGE REGULATIONS

AMENDMENTS

1. (1) The definition “certificate of competency” in section 2 of the Pacific Pilotage Regulations (see footnote 1) is repealed.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; (tonneaux de jauge brute)

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

“familiarization trip” means a voyage in a compulsory pilotage area on board a ship during which an applicant for a licence or pilotage certificate observes the licensed pilot assigned to the ship; (voyage d’entraînement)

“pleasure craft” has the meaning assigned by section 2 of the Canada Shipping Act, 2001; (embarcation de plaisance)

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

4. (1) An applicant for a licence or pilotage certificate shall hold a certificate of competency not lower than Master 500 Gross Tonnage, Near Coastal and

(a) have served not less than 700 days of service in the region as master of a ship of 25 gross tons or more in the region, and have completed 10 familiarization trips as an observer in the Familiarization Program prior to the date of application;

(b) have served not less than 365 days of service in the region as master of a ship of 25 gross tons or more, and have completed not less than 547 additional days in the region as a deck officer on a ship of 25 gross tons or more while holding a Watchkeeping Mate certificate of competency, and have completed 15 familiarization trips as an observer in the Familiarization Program prior to the date of application;

(c) have served not less than 1000 days of service in the region as a deck officer on a ship of 25 gross tons or more while holding a Watchkeeping Mate certificate of competency, and have completed not less than 20 familiarization trips as an observer in the Familiarization Program prior to the date of application; or

(d) have served not less than 635 days of service in the region as master or as a deck officer while holding a Watchkeeping Mate certificate of competency and

(i) have served not less than 365 days of service outside the region as master or as a deck officer while holding a Watchkeeping Mate certificate of competency on a ship of 100 gross tons or more, and have completed 30 familiarization trips as an observer in the Familiarization Program prior to the date of application, or

(ii) have served not less than 365 days of service in the region while holding a Fishing Master, Third Class certificate of competency on a ship of 25 gross tons or more, and have completed 30 familiarization trips as an observer in the Familiarization Program prior to the date of application.

(2) A minimum of 100 of the days of service required by subsection (1) must have been served within the 24 months before the date of application.

(3) An applicant for a licence or pilotage certificate for Area 1 must have served a minimum of 250 of the days of service required by subsection (1) in Area 1.

(4) An applicant for a licence for Areas 2 to 5 must have served the days of service required by subsection (1) in at least two of those Areas.

(5) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 must have served at least 250 of the days of service required by subsection (1) in the Area being applied for.

Familiarization Program

4.1 (1) A person may apply to the Authority for entry into the Familiarization Program.

(2) The Authority shall approve familiarization trips if

(a) in the case of 10 familiarization trips or less, the applicant has served at least 50% of the days of service required by any of paragraphs (4)(1)(a) to (d); and

(b) in the case of more than 10 familiarization trips, the applicant has served at least 75% of the days of service required by any of paragraphs 4(1)(b) to (d).

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

5. In addition to the certificates required by subsection 10(4) and section 11 of the General Pilotage Regulations, an applicant for or a holder of a licence or a pilotage certificate shall hold a training certificate indicating that they have successfully completed a course approved in accordance with section 114 of the Marine Personnel Regulations

(a) in simulated electronic navigation, level 2; and

(b) in automatic radar plotting aids.

4. (1) Subsection 9(1) of the Regulations is replaced by the following:

9. (1) Every ship over 350 gross tons that is not a pleasure craft and every pleasure craft over 500 gross tons is subject to compulsory pilotage.

(2) Subsection 9(3) of the Regulations is replaced by the following:

(3) Subsection (1) does not apply in respect of

(a) a government vessel as defined in section 2 of the Canada Shipping Act, 2001;

(b) a ferry; or

(c) a United States government ship under 10 000 gross tons.

5. (1) Paragraph 10(3)(a) of the Regulations is replaced by the following:

(a) hold certificates of competency of the proper class and category of voyage for the ship that are required by Part 2 of the Marine Personnel Regulations;

(2) Subsections 10(4) to (6) of the Regulations are replaced by the following:

(4) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 below the New Westminster railway bridge if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed five return voyages through that portion of Area 1 within the 24 months before the application

(a) with a licensed pilot; or

(b) with a person in charge of the deck watch who has completed five return voyages through that portion of Area 1 with a licensed pilot, if the Authority is given prior notice of each voyage.

(5) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons travelling in the portion of Area 1 above the New Westminster railway bridge if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed 10 return voyages through that portion of Area 1 within the 24 months before the application

(a) with a licensed pilot; or

(b) with a person in charge of the deck watch who has completed 10 return voyages through that portion of Area 1 with a licensed pilot, if the Authority is given prior notice of each voyage.

(6) The Authority may waive compulsory pilotage in respect of a ship under 10 000 gross tons carrying dangerous goods and travelling in the Second Narrows Movement Restriction Area if all persons in charge of the deck watch meet the conditions set out in subsection (3) and have completed six return voyages through that Area, one of which was completed within the 24 months before the application

(a) with a licensed pilot; or

(b) with a person in charge of the deck watch who has completed six return voyages through that Area with a licensed pilot, if the Authority is given prior notice of each voyage.

6. Paragraph 11(d) of the Regulations is replaced by the following:

(d) off Pine Island, near Port Hardy;

7. Subsection 12(1) of the French version of the Regulations is renumbered as section 12.

8. Paragraph 13(c) of the Regulations is replaced by the following:

(c) any other information about the ship that affects its speed, manoeuvrability or the safety of navigation.

9. Subsections 17(2) and (3) of the Regulations are replaced by the following:

(2) A licence issued by the Authority shall have an endorsement on it that states what class of licence it is as well as the compulsory pilotage areas in which the holder may pilot.

(3) The holder of a Class II licence is entitled to receive a Class I licence after having served satisfactorily as the holder of a Class II licence for a period of one year.

10. Section 23 of the Regulations is renumbered as subsection 23(1) and is amended by adding the following:

(2) A candidate has a maximum of six attempts at the examination referred to in subsection (1).

11. Subsection 24(2) of the Regulations is replaced by the following:

(2) The fees payable for the examination are the following:

(a) $150 for the written portion; and

(b) $100 for the oral portion.

12. Subsection 27(1) of the Regulations is replaced by the following:

27. (1) An apprentice pilot shall

(a) to qualify for a licence for Area 1, serve as an apprentice for a period of not less than three months in that Area and complete during that period not less than 50 assignments in the Area with a licensed pilot; or

(b) to qualify for a licence for Areas 2 to 5,

(i) serve as an apprentice for a period of not less than six months and not more than 24 months in those Areas, and

(ii) during the period served as required by subparagraph (i), complete not less than 90 assignments with a licensed pilot.

COMING INTO FORCE

13. 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

These amendments to the Pacific Pilotage Regulations (the Regulations) are the result of comments by the Standing Joint Committee for the Scrutiny of Regulations (SJC), the changing marine environment with respect to the available pool of qualified candidates and requests from the shipping community to address their needs, issues and concerns.

The primary objective is to ensure that these Regulations meet the Pacific Pilotage Authority’s (the Authority) mandate of providing a safe and efficient marine pilotage service on the Pacific Coast of Canada.

Description and rationale

The Authority is a financially autonomous Crown corporation whose role is to establish, operate, maintain and administer in the interests of navigation safety an efficient and economical pilotage service within all waters of British Columbia, including the Fraser River. Section 20 of the Pilotage Act (the Act) enables the Authority to make regulations with the approval of the Governor in Council for the attainment of its objectives.

The amendments to section 2 add definitions for “familiarization trip” and “pleasure craft” and also repeal “certificate of competency” and replace “gross tons”. These amendments bring the Regulations into line with recent legislative and regulatory reform brought about by the Canada Shipping Act, 2001 and the Marine Personnel Regulations.

Section 4, “Experience at Sea Qualification”, needs to be amended to reflect the Marine Personnel Regulations which came into force on July 1, 2007, as well as the need that when candidates make an application for a pilotage certificate, they have sufficient sea time in the area to qualify. At present, the Regulations read such that an applicant for a pilotage certificate may never have served in the area being applied for. In addition, in order to increase the pool of candidates, two new sections have been added accepting 365 days of the required sea-time out of the region or 365 days of the required sea-time while holding a Fishing Master, Third Class certificate of competency. Previously, there was no acceptance of sea-time earned out of the region or of sea-time earned while holding a Fishing Masters certificate of competency. With the additional familiarization trips required, there will be no reduction in the quality of the candidates applying for a licence.

The amendment to section 4.1, “Familiarization Program”, is in response to a point raised by the SJC and clarifies that the program gives prospective pilotage candidates the opportunity to accompany a licensed pilot on board a ship on a voyage in a compulsory pilotage area as an observer.

The amendments to section 5, “Certificates”, is as a direct result of comments by the SJC indicating that unless the Authority maintained a list of marine training facilities, part of this section should be repealed. The Authority discontinued this practice a number of years ago, as it was determined that this was a Transport Canada responsibility and not that of a pilotage authority.

The amendment to section 9, “Ships Subject to Compulsory Pilotage”, came about as a result of problems caused by differences between the Regulations and those of our United States neighbours to the south and the north, which only require pilots for pleasure craft of 500 gross tons or more. In addition, the U.S. Coast Guard has requested that their vessels transiting between the State of Washington and Alaska be included in the exemptions. They presently have to apply for a waiver each time they transit. These vessels have been operating under waivers for the last five years and, as there has not been a single incident, the Authority is confident that the move from 350 to 500 gross tons will not negatively impact navigational safety on the West Coast.

The amendments to section 10, “Waiver of Compulsory Pilotage”, are an industry request to address the issue of qualified personnel that exempt a ship from compulsory pilotage if they are in charge of the deck watch. These ships have to nevertheless take on a pilot for completion of the required transits when a new watchkeeping officer joins the ship. There should be no safety concerns for such personnel doing the training trips for the new watchkeeping officer joining the ship as the Authority intends to send a representative to board these vessels on an ad hoc basis to confirm that the officer being trained is indeed on board and on the bridge.

The amendment to section 11, “Pilot Boarding Stations”, reflects the needs of the marine industry by requesting that Pine Island Station operation be extended year-round from the present May 1 to October 1 seasonal establishment. A full Pilotage Risk Management Methodology (PRMM) review was conducted prior to agreeing to extend the present summer-only station to a year-round station. The review’s findings support the extension.

The amendment to section 13, “Required Information in Notice”, is a result of comments from the SJC. Paragraph 13(c) of the proposal introduces an objective description of the information that may be required by the Authority.

The amendments to section 17, “Licences”, are to update the Regulations to reflect the actual wording contained on licences being issued and describes the process to obtain a licence of a higher class.

The amendment to section 23 is to limit candidates to a maximum of six attempts at the exam.

The amendment to section 24 is in response to points raised by the SJC to make it clear that the fee for the written portion of the exam is $150 and the fee for the oral portion is $100.

The amendment to section 27, “Duration of Apprenticeship”, reflects an increase in the duration of an apprenticeship from 12 to 24 months as well as an increase in assignments required. This reflects the changing nature of the business and the reduction in the pool of qualified candidates applying for a pilot’s licence, which necessitates an increased apprenticeship.

For all of the amendments, retention of the status quo is not an acceptable alternative and was rejected as an option due largely to comments received from stakeholders and the SJC. A comprehensive revision was the only practical alternative in order to ensure that the Regulations were brought into line with recent legislative and regulatory reform of the Canada Shipping Act, 2001 and the Marine Personnel Regulations, as well as to identify and address stakeholder concerns where possible.

The majority of these changes do not have any costs associated with them and there will be no additional cost to the industry as a result of these changes. There will, however, be increased benefits to industry. Pleasure craft weighing less than 500 gross tons no longer require a pilot due to the increase in the minimum tonnage of vessels requiring compulsory pilotage from 350 gross tons to 500 gross tons. In addition, the extension of the Pine Island Pilot Station operations will ensure an enhanced service to the marine community operating in that area and result in possible cost savings of approximately $3,000 per assignment, which translates into saving of $108,000 per annum based on the expected three freighters per month.

These amendments do not have any impact on the environment. The extension from seasonal to year-round operation of the Pine Island Station was reviewed using the PRMM and mitigations measures will be put in place to ensure that there is no increased risk. The single biggest risk was the arrival of a deep-sea vessel in adverse weather conditions. In such conditions, Davey Rock would be covered and the buoy invisible. The PRMM review recommendation is to place RACONs (Radar responders identified by a Morse code identifier on the radar) on both Pine Island and Davey Rock as a mitigation measure. This will ensure that any vessel arriving to pick up a pilot will clearly identify where it was in relation to the navigational dangers.

Strategic environmental analysis

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 of these amendments was conducted, in the form of a preliminary scan. The assessment revealed that the amendments are not likely to have important environmental effects.

Consultation

Consultation with the various stakeholders began in November 2007. A meeting was held with the Chamber of Shipping of British Columbia (CSBC), which represents the shipping community on the West Coast of British Columbia; the BC Coast Pilots Limited and the Fraser River Pilots Association, with information passed on to other stakeholders such as ports authorities and the Council of Marine Carriers. On October 1, 2007, copies of the draft discussion paper regarding the changes to the Regulations were sent to all stakeholders, including the CSBC and the pilots. November 1, 2007, was the closing date for all comments. The CSBC had no issues other than requesting that the Pine Island Station operate year-round and did not see the need to have a meeting other than the normal monthly Navigational Services Meeting. On November 30, 2007, consultations took place between BC Coast Pilots Limited, Fraser River Pilots and the Authority, with comments presented on the changes. At this meeting, it was agreed that a PRMM review will be conducted for the extension of Pine Island Station operations, in order to ensure that opening the station year-round rather than keeping the present “summer only” operation will not reduce the present level of safety. This process was completed on May 16, 2008, and the recommendations were presented to the Authority Board on May 29, 2008.

These amendments were pre-published in the Canada Gazette, Part I, on September 12, 2009, and no comments nor notices of objection were received.

Implementation, enforcement and service standards

Compliance with the Regulations would be monitored and overseen by the Authority in co-operation with the Coast Guard Vessel Traffic Services, Transport Canada Ship Safety Officers, the BC Coast Pilots Limited and the agents representing the vessels calling at west coast ports.

Section 47 of the Act provides that, except where an authority waives compulsory pilotage, the owner, master or the person in charge of a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under a conduct of a licensed pilot or the holder of a pilotage certificate is guilty of an offence.

Section 48 of the 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

Mr. Kevin Obermeyer
President and Chief Executive Officer
Pacific Pilotage Authority
1130 West Pender Street, Suite 1000
Vancouver, British Columbia
V6E 4A4
Telephone: 604-666-6771
Fax: 604-666-1647
Email: oberkev@ppa.gc.ca

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

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

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

Footnote 1
C.R.C., c. 1270

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