Vol. 142, No. 48 — November 29, 2008

Regulations Amending the Atlantic Pilotage Authority Regulations

Statutory authority

Pilotage Act

Sponsoring agency

Atlantic Pilotage Authority

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The proposed regulatory changes are the result of new navigation practices in the compulsory pilotage areas of Saint John, New Brunswick, and Placentia Bay, Newfoundland and Labrador. The proposed changes would provide safer navigation and more efficient port operation in both cases.

The proposed amendment in Saint John, New Brunswick, would formalize the practice of pilots boarding vessels bound for the Canaport facility at a point that is outside the compulsory pilotage area. The regulatory changes would extend the compulsory pilotage area only for the oil tankers and liquefied natural gas (LNG) vessels approaching the Canaport facility at the new area limit. The proposed amendment to the Placentia Bay Compulsory Pilotage Area would ensure that the vessels that may be calling at the proposed nickel receiving terminal at Long Harbour, Placentia Bay, Newfoundland and Labrador, would have pilots on board. Currently, commercial vessels calling at Long Harbour request pilots, although it is not compulsory for them to do so.

Description and rationale

The Atlantic Pilotage Authority (the Authority) is responsible for administering, in the interests of safety, an efficient pilotage service within Canadian waters in and around the Atlantic Provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d’Espoir.

Pursuant to subsection 20(1) of the Pilotage Act, a pilotage authority may, with the approval of the Governor in Council, make regulations necessary for the attainment of its objectives.

In consultation with local port user groups, the Authority proposes to make amendments to the compulsory pilotage boarding station in Saint John, New Brunswick, and the compulsory pilotage area of Placentia Bay, Newfoundland and Labrador.

The proposed amendments to the Atlantic Pilotage Authority Regulations (the Regulations) would address the following:

(a) An amendment to the body of the Regulations, to create a new outer boarding station at Saint John, New Brunswick, for vessels bound for the offshore monobuoy and the new onshore facilities at Mispec; and

(b) An amendment in Part II of the schedule to the Regulations in item 6, to amend the boundary of the compulsory pilotage area to include all the waters of Long Harbour inlet on the east side of Placentia Bay.

The proposed amendments are expected to improve the operational safety and efficiency of the Authority’s service to its customers, but it will not have a significant financial impact on its activities.

The Authority could have maintained the status quo in each of the areas, but that inaction would not recognize the change in the size of the vessels, the new terminals and industries in the respective areas.

The proposed amendments are expected to bring in a modest increase in revenue to the Authority in Placentia Bay. Under the present situation, most vessels proceeding to Long Harbour voluntarily take a pilot. The amendments in the other areas would not impact the Authority’s finances, but would improve the safety and efficiency of the pilotage service provided.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals of 1999 and the Transport Canada Policy Statement on Strategic Environmental Assessment, a strategic environmental assessment (SEA) of these amendments was conducted, in the form of a preliminary scan. The SEA concluded that the amendments are not likely to have important environmental effects.

Consultation

The Authority consulted with the local user groups and operators that would be affected by these two changes. The consultation was well received by the stakeholders and operators in these areas, and it has been agreed that these modifications would improve the safety of their vessels.

Implementation, enforcement and service standards

Sections 45, 47 and 48 of the Pilotage Act provide the necessary compliance and enforcement mechanisms with respect to the regulatory requirements for the provision of pilots.

Contact

Captain R. A. McGuinness
Chief Executive Officer
Atlantic Pilotage Authority
Cogswell Tower, Suite 910
2000 Barrington Street
Halifax, Nova Scotia
B3J 3K1
Telephone: 902-426-2550
Fax: 902-426-4004

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 20(3) of the Pilotage Act (see footnote a), that the Atlantic Pilotage Authority, pursuant to subsection 20(1) of that Act, proposes to make the annexed Regulations Amending the Atlantic Pilotage Authority Regulations.

Interested persons who have reason to believe that a provision of the proposed Regulations that establishes a compulsory pilotage area or that prescribes the qualifications that a holder of any class of licence or any class of pilotage certificate shall meet is not in the public interest may, pursuant to subsection 21(1) of the Pilotage Act (see footnote b), file a notice of objection with the Minister of Transport, Infrastructure and Communities setting out the grounds for the objection 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, Infrastructure and Communities 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 Captain Jules St-Laurent, Manager, Marine Personnel Standards and Pilotage, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-998-0697; fax: 613-990-1538; e-mail: stlaurj@tc.gc.ca).

Halifax, November 21, 2008

CAPTAIN R. A. MCGUINNESS
Chief Executive Officer
Atlantic Pilotage Authority

REGULATIONS AMENDING THE ATLANTIC PILOTAGE AUTHORITY REGULATIONS

AMENDMENTS

1. Section 3 of the English version of the Atlantic Pilotage Authority Regulations (see footnote 1) is replaced by the following:

3. The areas described in the schedule are hereby established as compulsory pilotage areas within the region of the Authority.

2. The Regulations are amended by adding the following after section 4:

EXTENSION OF THE SAINT JOHN COMPULSORY
PILOTAGE AREA FOR TANKERS AND LIQUID
NATURAL GAS CARRIERS

4.1 (1) For the purposes of section 4.2, the following area within the region of the Authority is established as the Saint John compulsory pilotage area: the area described in section 3 of Part I of the schedule plus all the navigable waters within a line drawn from a position at Latitude 45°10.7′ N, Longitude 66°02.64′ W, thence to a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W, thence to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W, thence to a position at Latitude 45°11.38′ N, Longitude 66°04.58′ W.

(2) For the purposes of sections 4.2 and 4.3, “Canaport marine facilities” means the Canaport marine facilities — both offshore and onshore — at Mispec, New Brunswick.

4.2 Tankers and liquid natural gas carriers that are proceeding to the Canaport marine facilities are subject to compulsory pilotage within the Saint John compulsory pilotage area.

4.3 (1) A tanker or liquid natural gas carrier that is proceeding to the Canaport marine facilities shall embark a licensed pilot at a pilot boarding station at a position on a line bearing 295° (True) from a position at Latitude 45°08.8′ N, Longitude 66°03.65′ W to a position at Latitude 45°09.5′ N, Longitude 66°05.8′ W.

(2) A tanker or liquid natural gas carrier that is departing from the Canaport marine facilities shall disembark a licensed pilot at a pilot disembarking station at a position at Latitude 45°10′48″ N, Longitude 66°03′42″ W.

3. The schedule to the Regulations is amended by replacing “(Section 3 and subsections 4(2.1),(2.2), (2.4) and (2.5))” after the heading “SCHEDULE” with “(Section 3 and subsections 4(2.1), (2.2), (2.4), (2.5) and 4.1(1))”.

4. Section 6 of Part II of the schedule to the Regulations is replaced by the following:

6. The Placentia Bay compulsory pilotage area consists of all the navigable waters north of a line drawn from Long Harbour Head to Fox Island, thence along a line to a position of Latitude 47°20′ N, Longitude 54°06.5′ W, thence to Ragged Point (the most southerly point of Red Island), thence to Eastern Head.

5. The French version of the Regulations is amended by replacing “Saint-John” with “Saint John” in the following provisions:

(a) paragraph 14(2)(a);

(b) paragraph 18(2)(a); and

(c) section 3 of Part I of the schedule and the heading before it.

COMING INTO FORCE

6. These Regulations come into force 30 days after the day on which they are registered.

[48-1-o]

Footnote a
R.S., c. P-14

Footnote b
R.S., c. P-14

Footnote 1
C.R.C., c. 1264

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