Regulations Amending the Pacific Pilotage Regulations: SOR/2020-211

Canada Gazette, Part II, Volume 154, Number 21

Registration

SOR/2020-211 September 28, 2020

PILOTAGE ACT

P.C. 2020-679 September 25, 2020

RESOLUTION

Whereas the Pacific Pilotage Authority, pursuant to subsection 20(3) of the Pilotage Act ^{footnote a}, published a copy of the proposed Regulations Amending the Pacific Pilotage Regulations, substantially in the annexed form, in the Canada Gazette, Part I, on December 14, 2019;

Therefore, the Pacific Pilotage Authority, pursuant to paragraphs 20(1)(c) and (f) of the Pilotage Act ^{footnote a}, makes the annexed Regulations Amending the Pacific Pilotage Regulations.

Vancouver, July 28, 2020

Kevin Obermeyer
Chief Executive Officer
Pacific Pilotage Authority

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 20(1)(c) and (f) of the Pilotage Act ^{footnote a}, approves the annexed Regulations Amending the Pacific Pilotage Regulations, made by the Pacific Pilotage Authority.

Regulations Amending the Pacific Pilotage Regulations

Amendments

1 The long title of the Pacific Pilotage Regulations ^{footnote 1} is replaced by the following:

Pacific Pilotage Regulations

2 Section 1 of the Regulations and the heading before it are repealed.

3 The heading before section 2 of the French version of the Regulations is replaced by the following:

Définitions

4 (1) The definitions gross tons and Second Narrows Movement Restriction Area in section 2 of the Regulations are repealed.

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

• gross tonnage has the same meaning as in section 2 of the Canada Shipping Act, 2001; (jauge brute)
• Second Narrows Traffic Control Zone means the part of Area 2 that is enclosed within a line drawn 000° from the fixed light on the northeastern end of Terminal Dock to the North Vancouver shoreline at Neptune Terminals and a line drawn 000° from Berry Point Light (approximately 2.4 km east of the CN bridge on the South Shore of the Port of Vancouver) to the North Shore on the opposite side of the channel; (zone de contrôle de la circulation de Second Narrows)

5 Section 4 of the Regulations is replaced by the following:

4 (1) An applicant for a licence or pilotage certificate for Area 1 must

• (a) hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;
• (b) have completed 10 familiarization trips before the day on which the application is made; and
• (c) before the day on which the applicant requests an examination referred to in section 23, have completed in the region, on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, at least
  • (i) 700 days of service — including at least 250 days in Area 1 — as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations, or
  • (ii) 365 days of service — including at least 250 days in Area 1 — as a master while holding a certificate referred to in any of paragraphs 100(a) to (g) of the Marine Personnel Regulations and at least an additional 547 days as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (g) and (i) to (n) of those Regulations.

(2) An applicant for a licence or pilotage certificate for Area 2, 3, 4 or 5 must hold a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations and have completed, before the day on which the application is made,

• (a) 10 familiarization trips and a total of least 700 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations;
• (b) 15 familiarization trips and, in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement, a total of
  • (i) at least 365 days of service as a master while holding a certificate referred to in any of paragraphs 100(a) to (d) of the Marine Personnel Regulations, and
  • (ii) at least an additional 547 days of service as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations;
• (c) 20 familiarization trips and a total of at least 1000 days of service in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations; or
• (d) 30 familiarization trips and a total of at least 1000 days of service,
  • (i) at least 635 of which were in at least two of Areas 2, 3, 4 and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, and
  • (ii) the remainder of which were
    • (A) outside Areas 2, 3, 4 and 5 on board a ship of at least 100 gross tonnage as a deck officer while holding a certificate referred to in any of paragraphs 100(a) to (f) and (i) to (l) of the Marine Personnel Regulations, or
    • (B) in at least two of Areas 2, 3, 4, and 5 on board a ship of at least 25 gross tonnage or 50 tonnes light displacement as a master while holding a certificate referred to in any of paragraphs 100(g) and (p) to (r) of the Marine Personnel Regulations.

(3) At least 100 of the total days of service required by subsections (1) and (2) must have been completed within the 24 months before the day on which the application is made.

(4) An applicant for a pilotage certificate for Area 2, 3, 4 or 5 must have completed at least 250 of the total days of service required by subsection (2) in the Area for which the certificate is sought.

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

9 (1) Every ship of more than 350 gross tonnage that is not a pleasure craft and every pleasure craft of more than 500 gross tonnage is subject to compulsory pilotage.

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

• (c) a United States government ship of less than 10 000 gross tonnage.

7 (1) The portion of subsection 10(1) of the Regulations before paragraph (a) is replaced by the following:

10 (1) The Authority may, on application, waive compulsory pilotage in respect of a ship if

(2) Subsection 10(1) of the Regulations is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).

(3) Subsections 10(2) to (7) of the Regulations are replaced by the following:

(2) The Authority may waive compulsory pilotage in respect of a ship that

• (a) is warping and is not using its engines or a tug except as a line boat for the handling of the ship’s lines;
• (b) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — to a pilot boarding station located within a compulsory pilotage area for the purpose of embarking a licensed pilot; or
• (c) is proceeding directly — and, if applicable, in accordance with an established traffic separation scheme — out of a compulsory pilotage area after disembarking a licensed pilot at a pilot boarding station located within that area.

(3) The Authority may, on application, waive compulsory pilotage in respect of a ship of less than 10 000 gross tonnage if, as of the day on which the application is made, every person in charge of the deck watch

• (a) holds the certificates that are required by Part 2 of the Marine Personnel Regulations or, if the ship is not Canadian, equivalent certificates;
• (b) has completed, as a person in charge of the deck watch on voyages in the region, at least
  • (i) 150 days of service in the preceding 18 months, or
  • (ii) 365 days of service in the preceding 60 months, including at least 60 days in the preceding 24 months; and
• (c) has served as a person in charge of the deck watch in the compulsory pilotage area for which the waiver is sought on at least one occasion within the preceding 24 months.

(4) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 west of the New Westminster railway bridge only if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed five return voyages, of which the Authority was given prior notice, through that portion of Area 1

• (a) with a licensed pilot; or
• (b) with a person in charge of the deck watch who has previously completed five return voyages, of which the Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

(5) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is travelling in the portion of Area 1 east of the New Westminster railway bridge only if every person in charge of the deck watch has, within the 24 months before the day on which the application is made, completed 10 return voyages, of which the Authority was given prior notice, through that portion of Area 1

• (a) with a licensed pilot; or
• (b) with a person in charge of the deck watch who has previously completed 10 return voyages, of which the Authority was given prior notice, through that portion of Area 1 with a licensed pilot.

(6) Compulsory pilotage may be waived in respect of a ship referred to in subsection (3) that is carrying dangerous goods and travelling in the Second Narrows Traffic Control Zone only if every person in charge of the deck watch has, as of the day on which the application is made, completed six return voyages — at least one of which was completed within the preceding 24 months — of which the Authority was given prior notice, through that Zone

• (a) with a licensed pilot; or
• (b) with a person in charge of the deck watch who has previously completed six return voyages, of which the Authority was given prior notice, through that Zone with a licensed pilot.

(7) If a ship is part of an arrangement of ships, then the combined gross tonnage of all the ships in the arrangement of ships is taken into consideration in determining whether the ship qualifies for a waiver of compulsory pilotage under subsection (3).

(7.1) For greater certainty, the Authority may not waive compulsory pilotage in respect of any period before the embarkation or after the disembarkation of the persons who meet the conditions set out in subsections (3) to (6), as the case may be.

8 Paragraph 13(b) of the English version of the Regulations is replaced by the following:

• (b) the name, nationality, length, breadth, deepest draft and gross tonnage of the ship; and

Coming into Force

9 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The requirements to be eligible to apply to be a pilot, as set out in the Pacific Pilotage Regulations (the Regulations), are unclear and prevent potentially qualified candidates from applying to be a pilot with the Pacific Pilotage Authority (the Authority). Also, gaps in the Regulations enable waiver holders to engage in activities that have the potential to present navigational safety risks in compulsory pilotage areas, which includes entering compulsory pilotage areas without the conduct of a pilot or without meeting the conditions of their waiver, as well as navigating compulsory waters in an unpredictable manner, especially near pilotage stations.

Background

The Authority is a financially autonomous Crown corporation. The Authority was established in 1972, pursuant to the Pilotage Act (the Act). Its mandate is to establish, operate, maintain and administer, in the interest of safety, efficient pilotage services in the coastal waters of British Columbia, including the Fraser River. To carry out its mandate, the Authority may make regulations, subject to Governor in Council’s approval.

Objective

The objective of the amendments is twofold:

• 1. To facilitate pilot recruitment in light of an anticipated increase in demand for pilotage services; and
• 2. To reduce the likelihood of safety-related incidents caused by waiver holders as they navigate compulsory pilotage waters.

These objectives align with the Authority’s mandate to operate safe and efficient pilotage services within its jurisdiction.

Description

The Regulations are amended as follows:

Objective 1: To facilitate pilot recruitment in light of an anticipated increase in demand for pilotage services

• Distinguish the experience at sea requirements for Fraser River pilot candidates (Area 1) from the requirements for coastal pilot candidates (Areas 2 to 5). In this manner, candidates can clearly identify the experience and qualifications needed for the area(s) in which they are seeking to work.
• Expand eligibility qualifications to include crew experience on ships of 50 tonnes light displacement or greater. Experience on these ships was not previously captured in the Regulations, which left a significant segment of mariners ineligible to take the pilot’s exam.
• Differentiate between the certification a candidate must hold when they apply for the pilot’s exam and the certification they need at the time they acquired their experience at sea. Previously, it was unclear in the Regulations what experience at sea qualifications were required to be eligible to take the pilot’s exam, and this ambiguity dissuaded otherwise qualified applicants from applying to be a pilot.
• For Area 1, set the number of familiarization trips that must be completed as an observer in the familiarization program, prior to applying to take the pilot’s exam, at 10 trips.

Objective 2: To reduce the likelihood of safety-related incidents caused by waiver holders as they navigate compulsory pilotage waters

• Introduce requirements for ships arriving or leaving a pilot boarding station to choose predictable paths, as well as the most direct routes, when travelling within compulsory pilotage waters. This amendment complements the Act, which prohibits vessels without a pilot from remaining in the compulsory pilotage waters without a clear destination.
• Emphasize that a waiver from compulsory pilotage is only granted for the period that its holder meets the conditions of their waiver, which includes having the appropriate crew on board its ship. The intent is to ensure ships do not navigate compulsory pilotage waters without a pilot during any period before the crew for which the waiver was granted have boarded the ship or after they have disembarked.

Regulatory development

Consultation

The Chamber of Shipping, representing the majority of the West Coast marine industry, and the Shipping Federation of Canada, had no issues with the amendments. The pilots, both employees of the Authority and BC Coast Pilots Ltd., felt that the alteration to wording pertaining to the waivers would not increase the level of safety for arriving and departing vessels, but did not offer alternative wording and did not object to the proposed amendment. They did, however, agree that the clarification regarding the experience at sea qualifications would greatly enhance the pool of candidates eligible to write the pilotage exam. Overall, the result of the consultations was general support from the marine industry and pilots for the amendments to the Regulations.

As required under subsection 20(3) of the Act, these amendments were published in the Canada Gazette, Part I, on December 14, 2019, followed by a 30-day comment period to provide interested persons with the opportunity to make comments or to file a notice of objection with the Minister of Transport. No notices of objections were filed against the amendments made under paragraph 20(1)(f). The comments that were received fell outside the scope of the current Regulations. The Authority will be responding directly to each correspondent to address their respective concerns.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on these amendments. The assessment did not identify any modern treaty implications or obligations, nor did the amendments trigger the Crown’s duty to consult.

Instrument choice

The status quo (i.e. baseline scenario) was rejected as an option since a lack of clarity in the Regulations was resulting in unintended barriers of access for potential pilots and potential safety issues. To address the ambiguity and eliminate these unintended consequences, regulatory amendments were determined to be the most effective solution.

Regulatory analysis

Benefits and costs

The amendments seek to clarify requirements currently set out in the Regulations. As a result, no new substantive requirements and no incremental costs are introduced with these amendments. There are no costs incurred by the industry stakeholders or the users of pilotage services as a result of increased candidates being eligible to take the pilotage examinations. The Authority may incur some incremental costs associated with an increase in the number of pilotage examinations. The qualitative benefits, however, are an anticipated increase in the number of applicants to take the pilot’s exam and a reduction in navigational risks in compulsory pilotage areas. The Authority and industry are anticipating that the demand for mariners will remain high over the next decade and the number of people entering the field is reducing. The expected benefit is that more candidates from within the field will be eligible, and will consider a marine pilot career.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small businesses.

One-for-one rule

The amendments seek to clarify and enhance the current Regulations without increasing the incremental administrative burden borne by industry. All amendments will be implemented using the existing administrative systems in place.

Regulatory cooperation and alignment

The amendments are not part of a formal regulatory cooperation initiative; however, given that the Authority’s jurisdiction borders American waters, it works closely with its U.S. counterparts to align regulatory requirements, where possible and applicable.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force on the date on which they are published in the Canada Gazette, Part II.

Compliance and enforcement

Compliance with the amended Regulations will be monitored and overseen by the Transport Canada Marine Safety and Security Offices. None of the amendments require additional enforcement mechanisms nor do they require enhanced capacity on the part of the Authority.

The consequence for non-compliance with the waiver conditions is revocation of a waiver of compulsory pilotage. Sections 47 to 48.8 of the Act outline offences and punishments for non-compliance with the Act and any relevant regulatory regime, including these Regulations.

Service standards

The Authority has a commitment to achieve a high standard of safety and efficiency by ensuring assignments are completed without incident or delay.

Contact

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