Order Fixing the Day on Which this Order is Registered as the Day on Which Certain Sections of that Act Come into Force: SI/2020-32
Canada Gazette, Part II, Volume 154, Number 7
Registration
SI/2020-32 April 1, 2020
BUDGET IMPLEMENTATION ACT, 2019, NO. 1
Order Fixing the Day on Which this Order is Registered as the Day on Which Certain Sections of that Act Come into Force
P.C. 2020-158 March 18, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 269 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, fixes the day on which this Order is registered as the day on which sections 236, 241, 249, 252 to 254, 256 and 267 of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order will bring into force sections 236, 241, 249, 252 to 254, 256 and 267 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019. These provisions will amend the Pilotage Act, and will make consequential amendments to the Transportation Appeal Tribunal of Canada Act.
Objective
The objective of this Order is to bring into force certain amendments to the Pilotage Act (the Act) in support of the Government’s commitments to enhance safe navigation, prevent marine incidents and protect the environment.
Background
The modernization of the Act is an important element of the Government’s efforts to prevent marine incidents and protect coastal environments and, as such, it was identified as a priority of the Oceans Protection Plan (OPP) and included in the federal government’s submission to the National Energy Board in the context of the Trans-Mountain Expansion Project initiative in fall 2018.
The Act establishes the authorities to determine where and how marine pilotage services are provided, and the framework for pilotage certification/licensing, fee-setting and enforcement.
Because much of the Act remained largely unchanged since it was created in 1972, a comprehensive review of the legislation was identified as a priority under the OPP. In 2018, the Pilotage Act Review final report was made public. It highlighted the need to modernize the framework for pilotage in Canada and identified a number of areas for improvement.
Transport Canada introduced amendments to the Act, and these received royal assent in June 2019. They provide for a stronger, modernized pilotage system, with increased national consistency, and greater efficiency and more accountability.
Implications
This Order brings into force provisions of the amended Act that will strengthen oversight and enforcement to promote compliance with the Act and alignment with modern standards. This Order also implements provisions that transfer some responsibilities from the pilotage authorities to the Minister of Transport, and give the Minister of Transport new enforcement and compliance powers.
Transferring responsibility to the Minister and enhancing enforcement powers will bring the marine pilotage compliance and enforcement regime into line with other maritime safety legislation. The Act currently only allows for summary convictions, with very low fines. Maximum fines will be increased from $5,000 to $1,000,000 for more serious contraventions, along with possible prison terms. The Order brings into force a number of provisions to strengthen the summary conviction process, which are adapted from similar maritime transportation legislation.
Furthermore, the reinforced compliance system will include administrative monetary penalties, enabling Transport Canada officials to conduct regular oversight, and to work with stakeholders to ensure compliance. The Minister will also obtain the authority to issue interim and exemption orders, and direction to pilots, as in similar maritime legislation, to deal with exceptional circumstances and promote innovation.
It is expected that the modernized administrative monetary penalty framework and possibility of summary conviction will deter contravention of the Act and its regulations, thereby increasing the safety of Canada’s marine pilotage system. Transport Canada will be able to impose administrative sanctions in a holistic manner that is better aligned with the national navigation framework.
Consultation
The amendments to the Act met with widespread support from stakeholders across the marine sector, including pilots and industry. This is reflective of the high degree of consultation that occurred prior to the presentation of the legislation. The amendments followed the Pilotage Act Review, which involved extensive consultation with pilots, the pilotage authorities, shipping companies, shippers, and Indigenous peoples. Following the completion of the Pilotage Act Review, the Minister and Transport Canada officials engaged in further consultation on its findings.
Following royal assent of the amendments to the Act, Transport Canada officials have continued engaging stakeholders and pilotage authorities on the implementation of the Act and transition to the new national pilotage framework.
Departmental contacts
Natalie Bossé
Director General
Marine Safety and Security
Transport Canada
Telephone: 613‑998‑0612
Email: Natalie.Bosse@tc.gc.ca
Julie Bédard
Director
Marine Medicine and Pilotage Programs
Transport Canada
Telephone: 613‑990‑1009
Email: Julie.Bedard@tc.gc.ca