Whereas the Minister of Transport believes that the annexed Interim Order Respecting the Sheet Harbour 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 Sheet Harbour Compulsory Pilotage Area under subsection 52.2(1)Footnote b of the Pilotage Act.Footnote a
Ottawa, June 9, 2022
Minister of Transport,
Omar Alghabra
Overview
1 This Interim Order establishes a new compulsory pilotage area for the purposes of the Regulations.
Definition of Regulations
2 (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.
Compulsory pilotage area
3 The area consisting of all the navigable waters within a line drawn from a position at Latitude 44°50.75′00″N., Longitude 62°32.2′00″W., to Guilford Rock, thence to a position at Latitude 44°45.6′00″N., Longitude 62°29.5′00″W., thence to Western Shagroost Island, thence to Fishery Island, and thence to a position at Latitude 44°51.35′00″N., Longitude 62°28.25′00″W. is deemed to be described in Schedule 2 to the Regulations as the Sheet Harbour compulsory pilotage area within the Atlantic Pilotage Authority’s region.
Ships subject to compulsory pilotage
4 (1) Despite subsection 22.3(1) of the Regulations, only the following ships and classes of ships are subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area:
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ships of 170 m or more in length;
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tankers; and
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liquid natural gas carriers.
Ships not subject to compulsory pilotage
(2) However, the ships and classes of ships referred to in paragraphs 22.3(2)(a) to (f) of the Regulations are not subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area.
Exception
(3) A ship referred to in paragraph 22.3(2)(b), (c), (d), (e) or (f) of the Regulations is subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons:
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the seaworthiness of the ship;
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unusual conditions on board the ship;
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operations being conducted by the ship; or
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weather conditions, tides, currents or ice.
Licence
5 To issue a licence for the Sheet Harbour 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
- the Minister receives the application on or before August 10, 2022;
- 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
- the applicant demonstrates that they
- are a licensed pilot for the Halifax compulsory pilotage area, or
- 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
6 To issue a pilotage certificate for the Sheet Harbour 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
- the Minister receives the application on or before October 10, 2022;
- 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
- the applicant demonstrates that they
- are a pilotage certificate holder for the Halifax compulsory pilotage area, or
- 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
7 An applicant who, on the basis of section 5 or 6, 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.