Canada Gazette, Part I, Volume 153, Number 50: Regulations Amending the Pacific Pilotage Regulations

December 14, 2019

Statutory authority

Pilotage Act

Sponsoring agency

Pacific Pilotage Authority

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

The requirements to be eligible to apply to be a pilot, as set out in the Regulations, are unclear and preventing potentially qualified candidates from applying to be a pilot with the Authority. As well, 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 approval.

Objective

The objective of the proposed amendments is twofold:

• Objective 1: To facilitate pilot recruitment in light of an anticipated increase in demand for pilotage services
• Objective 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 Authority is proposing to amend the Regulations 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 will 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 is not currently captured in the Regulations, which leaves a significant segment of mariners ineligible to meet the requirements and 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. Currently, it is unclear in the Regulations what experience at sea qualifications are required to be eligible to take the pilot’s exam, and this ambiguity is dissuading 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 would prohibit vessels without a pilot from remaining in the compulsory pilotage waters without a clear destination, a contravention of the Pilotage Act.
• 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 have no issues with the proposed amendment. 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 will 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 proposed amendments to the Regulations.

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 the proposal. The assessment did not identify any modern treaty implications or obligations, nor did the proposal trigger the Crown’s duty to consult.

Instrument choice

The status quo (i.e. baseline scenario) was rejected as an option since several amendments to the Regulations were required to meet the desired objectives.

Regulatory analysis

Benefits and costs

The proposed amendments seek to clarify requirements currently set out in the Regulations. As a result, no new substantive requirements and no incremental costs are being introduced with these proposed amendments. 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.

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 proposed 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 proposal is 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, and Transport Canada’s Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed for this proposal and a sustainable transportation assessment was completed. No important environmental effects are anticipated as a result of this proposal. The assessment took into account potential effects on the environmental goals and targets of the Federal Sustainable Development Strategy.

Gender-based analysis plus

After careful analysis, no gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force on the date on which they are registered.

Compliance and enforcement

Compliance with the proposed Regulations will be monitored and overseen by the Authority in cooperation with the Canadian Coast Guard Vessel Traffic Services, Transport Canada Marine Safety and Security Offices, the BC Coast Pilots Ltd., and the agents representing vessels that transit the Authority’s waters. None of the proposed amendments require additional enforcement mechanisms nor do they require enhanced capacity on the part of the Authority.

The consequences for non-compliance with the waiver conditions is revocation of a waiver of compulsory pilotage. Sections 47 and 48 of the Pilotage Act outline offences and punishments for non-compliance with the Act and any relevant regulatory regime, including the Pacific Pilotage 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

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 20(3) of the Pilotage Act ^{footnote a}, that the Pacific Pilotage Authority, pursuant to paragraphs 20(1)(c) and (f) of that Act, proposes to make the annexed Regulations Amending the Pacific Pilotage Regulations.

Interested persons who have reason to believe that a provision of the proposed Regulations that prescribes the qualifications that a holder of any class of licence or any class of pilotage certificate must 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 the Minister of Transport 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 Jeffrey Heynen, Executive Director, Crown Corporation and Portfolio Governance, Policy Group, Department of Transport, Place de Ville, Tower C, 23rd Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613‑993‑8019; fax: 613‑991‑6422; email: jeffrey.heynen@tc.gc.ca).

Vancouver, November 27, 2019

Kevin Obermeyer
Chief Executive Officer
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.