Vol. 151, No. 49 — December 9, 2017

Regulations Amending the Laurentian Pilotage Authority Regulations

Statutory authority

Pilotage Act

Sponsoring agency

Laurentian Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

It is important to amend the eligibility criteria for the apprentice pilot program to ensure that the Laurentian Pilotage Authority (the Authority) meets the demand for marine industry services. The current criteria appear unnecessarily restrictive in that they unreasonably restrict the pool of potential candidates.

Background

The pool of candidates eligible for apprentice pilot training and, ultimately, marine pilot licences, has decreased significantly. This has resulted in difficulties to recruit new pilots, without which the Authority cannot provide efficient pilot services. Because navigation safety depends on the presence of pilots on ships at specific times, it is important that the Authority be able to recruit a sufficient number of skilled apprentices who will be able to take and pass marine pilot training.

Objectives

The Authority would like to amend the Laurentian Pilotage Authority Regulations (the Regulations) to broaden the pool of candidates who qualify for an apprentice pilot licence, without compromising their ability of becoming marine pilots. Maintaining the highest regulatory requirements in Canada in terms of sea service, on ships longer than 70 m or over 2 000 gross tonnage, gives the proper assurance with regard to the ability of candidates to successfully pass the training program. Apprentice pilot training lasts two years and involves a number of evaluations to ensure the pilot’s competency at the end of the training program.

Description

The proposed amendments would remove some of the criteria in the Regulations in favour of those set out in the General Pilotage Regulations. It has been proposed to remove the obligation that candidates must have served as a captain for 10 of the past 24 months, or have acted as bridge watch keeper for 20 of the past 48 months. It has also been proposed to increase the number of failures candidates can have before being excluded from the training program. The deadline to successfully complete the training program in the Port of Montreal would be 12 months.

In addition, apprentice pilots who fail the exam given by the Board of Examiners will have to complete the number of dockings, undockings, arrivals, departures, trips or movages determined in accordance with the formulae set out in the Regulations.

Finally, amendments have been proposed to take into account the requests of the Standing Joint Committee for the Scrutiny of Regulations. The proposed amendments would repeal section 32, and rewrite paragraphs 19(1)(b), 19(2)(c) and 28(3)(a) thus harmonizing the French and English version of these provisions.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the proposed Regulations, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs on small businesses.

Consultation

Following the consultations held with the associations representing the clients, in this case the Shipping Federation of Canada, the Canadian Shipowners Association and the St. Lawrence Shipoperators, and with the two pilot corporations with which the Authority signed a service contract, there is no opposition to the proposed amendments.

Rationale

The main amendment made by the proposed Regulations will help broaden the pool of candidates eligible for apprentice pilot training. With this, a larger number of licensed pilots will be available to provide efficient pilot services and ensure navigation safety.

Implementation, enforcement and service standards

Section 45 of the Pilotage Act (the Act) contains a mechanism for the enforcement of the Regulations. Under this section, a pilotage authority can inform a customs officer at a port in Canada not to grant clearance to a ship if the pilotage charges in respect of the ship are outstanding and unpaid. Section 48 of the Act stipulates that every person who fails to comply with Part 1 of the Act, other than section 15.3, or with the Regulations, is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

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

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), that the Laurentian Pilotage Authority, pursuant to subsection 20(1) of that Act, proposes to make the annexed Regulations Amending the Laurentian Pilotage Authority Regulations.

Interested persons who have reason to believe that a provision of the proposed Regulations that establishes a compulsory pilotage area or that prescribes the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet is not in the public interest may, pursuant to subsection 21(1) of that Act, file a notice of objection setting out the grounds for the objection with the Minister of Transport within 30 days after the date of publication of this notice. In addition, interested persons may make representations concerning the proposed Regulations to that Minister within 30 days after the date of publication of this notice.

Each notice of objection or representation must be clearly marked as a notice of objection or representation, cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Julie Poirier, Pilotage Regulatory Officer, Department of Transport, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-949-1708; email: julie.poirier@tc.gc.ca).

Montreal, November 23, 2017

Fulvio Fracassi
Chief Executive Officer
Laurentian Pilotage Authority

Regulations Amending the Laurentian Pilotage Authority Regulations

Amendments

1 (1) Paragraph 19(1)(a) of the Laurentian Pilotage Authority Regulations (see footnote 1) is replaced by the following:

(2) The portion of paragraph 19(1)(b) of the French version of the Regulations before subparagraph (i) is replaced by the following:

(3) Paragraph 19(2)(c) of the Regulations is replaced by the following:

2 (1) The portion of paragraph 20(3)(d) of the Regulations before subparagraph (i) is replaced by the following:

(2) Subsection 20(3) of the Regulations is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):

3 Paragraphs 26.1(c) and (d) of the Regulations are replaced by the following:

4 Paragraph 26.2(d) of the Regulations is replaced by the following:

5 Paragraph 26.3(e) of the Regulations is replaced by the following:

6 (1) Paragraph 28(3)(a) of the Regulations is replaced by the following:

(2) Subsection 28(7) of the Regulations is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:

7 Section 29 of the Regulations is replaced by the following:

29 (1) An applicant who fails one of the tests referred to in paragraphs 26.1(f) and 26.2(e) three times is no longer eligible to take those tests.

(2) An applicant who fails one or more of the tests referred to in subsection 28(2.1) three times is no longer eligible to take those tests.

(3) An applicant who fails the test referred to in paragraph 28(3)(a) three times is no longer eligible to take that test.

(4) An applicant who fails one or more of the tests referred to in paragraph 28(3)(b) three times is no longer eligible to take those tests.

(5) An applicant who has attended the pilotage training program referred to in paragraph 28(6)(a) and who fails one or more of the tests referred to in paragraph 28(6)(b) that assess mandatory skills for basic certification four times or who fails one or more of the tests referred to in paragraph 28(6)(b) that assess optional skills that can be added to a certificate twice is no longer eligible to take a test under the pilotage training program.

8 (1) Paragraph 30(1)(a) of the Regulations is replaced by the following:

(2) The portion of paragraph 30(2)(a) of the Regulations before subparagraph (ii) is replaced by the following:

9 Section 32 of the Regulations is repealed.

Coming into Force

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

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