Interim Order Respecting the Summerside Compulsory Pilotage Area

Whereas the Minister of Transport believes that the annexed Interim Order Respecting the Summerside Compulsory Pilotage Area is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment;

And whereas the provisions of the annexed Interim Order may be contained in a regulation made under the Pilotage Act^{Footnote a};

Therefore, the Minister of Transport makes the annexed Interim Order Respecting the Summerside Compulsory Pilotage Area under subsection 52.2(1)^{Footnote b} of the Pilotage Act^{Footnote a}.

Ottawa, October 18, 2022

Minister of Transport,
Omar Alghabra

Definition of Regulations

1 (1) In this Interim Order, Regulations means the General Pilotage Regulations.

Interpretation

(2) Words and expressions used in this Interim Order have the same meaning as in the Regulations.

Overview

2 This Interim Order establishes a new compulsory pilotage area for the purposes of the Regulations.

Compulsory pilotage area

3 The area consisting of all the navigable waters east of a line drawn from Seacow Head to a position at Latitude 46°20.9′00″ N., Longitude 63°54.5′00″ W., and thence to Ives Point is deemed to be described in Schedule 2 to the Regulations as the Summerside compulsory pilotage area within the Atlantic Pilotage Authority’s region.

Licence

4 To issue a licence for the Summerside compulsory pilotage area to an applicant under subsection 38.1(1) of the Act, the Minister is not required, despite section 22.28 of the Regulations, to refer the applicant to a Board of Examiners for an examination if

1. the Minister receives the application no later than two months after the day on which this Interim Order is made;
2. the applicant demonstrates that they have completed, while being on the bridge of a ship, at least four one-way trips in that area during the two years that precede the day on which this Interim Order is made; and
3. the applicant demonstrates that they
   1. are a licensed pilot for the Charlottetown or Confederation Bridge compulsory pilotage area, or
   2. meet any requirement of the Regulations that applies to them, other than a requirement that is related to an examination conducted by a Board of Examiners with respect to their qualifications.

Pilotage certificate

5 To issue a pilotage certificate for the Summerside compulsory pilotage area to an applicant under subsection 38.1(2) of the Act, the Minister is not required, despite section 22.28 of the Regulations, to refer the applicant to a Board of Examiners for an examination if

1. the Minister receives the application no later than two months after the day on which this Interim Order is made;
2. the applicant demonstrates that they have completed, while being on the bridge of a ship, at least four one-way trips in that area during the two years that precede the day on which this Interim Order is made; and
3. the applicant demonstrates that they
   1. are a pilotage certificate holder for the Charlottetown or Confederation Bridge compulsory pilotage area, or
   2. meet any requirement of the Regulations that applies to them, other than a requirement that is related to an examination conducted by a Board of Examiners with respect to their qualifications.

Documents

6 An applicant who, on the basis of section 4 or 5, has not been referred to a Board of Examiners for an examination must, on request, provide the Minister with the documents referred to in paragraphs 22.29(a) to (f) of the Regulations.