Whereas the Minister of Transport believes that the annexed Interim Order Respecting the Placentia Bay Compulsory Pilotage Area, No. 2 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 ActFootnote a;
Therefore, the Minister of Transport makes the annexed Interim Order Respecting the Placentia Bay Compulsory Pilotage Area, No. 2 under subsection 52.2(1)Footnote b of the Pilotage ActFootnote a.
Ottawa, October 18, 2022
Minister of Transport
Omar Alghabra
Interpretation
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 modifies the Placentia Bay compulsory pilotage area for the purposes of the Regulations.
Compulsory pilotage area
3 The Placentia Bay compulsory pilotage area described in section 5 of Part 2 of Schedule 2 to the Regulations is deemed to be replaced by the area that consists of the following areas:
- (a) Placentia Bay compulsory pilotage area (Zone A, Placentia Bay) that consists of all the navigable waters north of a line drawn from Long Harbour Head to Fox Island, thence to Ragged Point (the most southerly point of Red Island), thence to Eastern Head; and
- (b) Placentia Bay compulsory pilotage area (Zone B, Argentia) that consists of all the navigable waters east of a line drawn from Long Harbour Head to Fox Island, then along a line to a position of Latitude 47°20.6'00"N., Longitude 54°01.8'00"W., thence to Latine Point at a position of Latitude 47°18.9'00"N., Longitude 54°00.3'00"W.
Licences and Pilotage Certificates
Exchange
4 (1) On application by a holder of a licence or a pilotage certificate for the Placentia Bay compulsory pilotage area issued before the day on which this Interim Order is made, the Minister must exchange that licence or certificate for a licence or a pilotage certificate, as the case may be, for Zone A.
Continuity
(2) The holder of a licence or a pilotage certificate for the Placentia Bay compulsory pilotage area issued before the day on which this Interim Order is made is authorized to have the conduct of a ship in Zone A and Zone B, until the day that is two months after the day on which this Interim Order is made.
Licence
5 To issue a licence for Zone B 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
- (a) the Minister receives the application no later than two months after the day on which this Interim Order is made;
- (b) the applicant demonstrates that they have completed, while being on the bridge of a ship, at least four one-way trips in that zone during the two years that precede the day on which this Interim Order is made; and
- (c) the applicant demonstrates that they
- (i) are a licensed pilot who is authorized to have the conduct of a ship in Zone A, or
- (ii) 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 Zone B 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
- (a) the Minister receives the application no later than two months after the day on which this Interim Order is made;
- (b) the applicant demonstrates that they have completed, while being on the bridge of a ship, at least four one-way trips in that zone during the two years that precede the day on which this Interim Order is made; and
- (c) the applicant demonstrates that they
- (i) are a pilotage certificate holder who is authorized to have the conduct of a ship in Zone A, or
- (ii) 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.
Repeal
8 The Interim Order Respecting the Placentia Bay Compulsory Pilotage Area (Argentia), made on June 9, 2022, is repealed.