Vol. 149, No. 4 — February 25, 2015

Registration

SOR/2015-35 February 6, 2015

PILOTAGE ACT

Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations

P.C. 2015-100 February 5, 2015

RESOLUTION

Whereas the Laurentian Pilotage Authority, pursuant to subsections 20(3) and 34(1) (see footnote a) of the Pilotage Act (see footnote b), published a copy of the proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations, in the annexed form, in the Canada Gazette, Part I, on December 10, 2011;

Whereas notices of objection to the proposed Regulations were filed with the Minister of Transport pursuant to subsection 21(1) of that Act;

Whereas, pursuant to subsection 21(2) of that Act, an investigation was made of the proposed Regulations, including consultations with interested persons;

Whereas, pursuant to subsection 21(4) of that Act, the person appointed to make the investigation sent a report to the Minister of Transport;

And whereas the Minister of Transport, pursuant to subsection 21(4) of that Act, made the Order Approving the Proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations (see footnote c);

Therefore, the Laurentian Pilotage Authority, pursuant to subsections 20(1) and 33(1) of the Pilotage Act (see footnote d), makes the annexed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations.

Montréal, October 22, 2014

FULVIO FRACASSI
Chief Executive Officer
Laurentian Pilotage Authority

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 20(1) and 33(1) of the Pilotage Act (see footnote e), approves the annexed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations, made by the Laurentian Pilotage Authority.

REGULATIONS REPEALING THE LAURENTIAN PILOTAGE AUTHORITY DISTRICT NO. 3 REGULATIONS

REPEAL

1. The Laurentian Pilotage Authority District No. 3 Regulations (see footnote 1) are repealed.

COMING INTO FORCE

2. 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.)

Issues

Although District No. 3 has existed since the Laurentian Pilotage Authority (the Authority) was created, pilotage services have never been offered there. Pilot’s licences have been issued for the district jointly with the Atlantic Pilotage Authority (APA), which serves the neighbouring region, but the APA has ceased issuing licences for contiguous zones, ending this practice. Consequently, the Laurentian Pilotage Authority District No. 3 Regulations (the Regulations) have not been applicable or of any practical use for several years. In consideration of these facts, the Standing Joint Committee for the Scrutiny of Regulations asked the Authority to repeal the Regulations.

Objectives

The Authority is a Crown corporation whose objective is to establish, operate, maintain and administer, in the interest of safety, an efficient pilotage service in all Canadian waters in and around the province of Quebec except the St. Lawrence Seaway and Chaleur Bay. Accordingly, it establishes the pilotage areas where these services are offered.

Description

District No. 3 is a non-compulsory pilotage area located between Les Escoumins and the Gulf of St. Lawrence. The Authority decided to repeal the Regulations since they have not been applicable or of any practical use for several years.

“One-for-One” Rule

The “One-for-One” Rule would apply and would result in an “OUT” of one regulatory title. There is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this amendment.

Consultation

The Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations were prepublished in the Canada Gazette, Part I, on December 10, 2011. Pursuant to subsection 21(1) of the Pilotage Act (the Act), three representations and three notices of objection were filed.

Pursuant to subsection 21(2) of the Act, Me Caroline Desbiens was appointed by the Minister of Transport to investigate the proposed Regulations.

Taking into account subsection 21(1) and paragraph 20(1)(f) of the Act, the Minister of Transport decided that the investigation would consist of a review of and a report on the replies received from objectors to the following question:

“Please say how it would not be in the public interest, with respect to the qualifications required of applicants for a pilot’s licence in District No. 3, to repeal the Laurentian Pilotage Authority District No. 3 Regulations, given they do not apply in the ports of Baie-Comeau, Sept-Îles, Port-Cartier and Havre-Saint-Pierre, to which the notices of objection refer.”

As indicated in subsection 21(4) of the Act, on completion of the investigation, the person conducting it shall send a report to the Minister, who may, by order, approve, amend or disapprove the proposed Regulations, either in accordance with the report or otherwise, and the Authority shall make the Regulations accordingly.

In the Order of October 10, 2014, registered as SOR/2014-234, which was published in the Canada Gazette, Part II, on October 22, 2014, the Minister approved the proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations.

The Order Approving the Proposed Regulations Repealing the Laurentian Pilotage Authority District No. 3 Regulations is available at http://www.gazette.gc.ca/rp-pr/p2/2014/2014-10-22/html/sor-dors234-eng.php.

Rationale

Although the Authority made regulations that address the possibility of offering pilotage services east of Les Escoumins, licences have only been issued for the contiguous pilotage zone on a reciprocal basis with the APA. The APA having put an end to this practice, these Regulations have not been applicable or of any practical use for several years. In this context, the Board of the Laurentian Pilotage Authority has concluded that the Regulations should be repealed. This decision also addresses some pressing matters in this regard raised by the Standing Joint Committee for the Scrutiny of Regulations.

Moreover, the Authority, in order to ensure the safety of navigation, consider it would be important to conduct a risk study to assess whether it is necessary to regulate pilotage services throughout its territory located east of Les Escoumins.

Contact

Fulvio Fracassi
Chief Executive Officer
Laurentian Pilotage Authority
999, De Maisonneuve Boulevard West, Suite 1410
Montréal, Quebec
H3A 3L4
Telephone: 514-283-6320
Fax: 514-496-2409
Email: fulvio.fracassi@apl.gc.ca