The Atlantic Pilotage Authority (APA) is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic Provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d'Espoir at latitude 48 degrees 25 minutes 8 seconds north, longitude 64 degrees 19 minutes 6 seconds west.
With the approval of the Governor in Council, an Authority may make regulations necessary for the attainment of its objects (section 20 of the Pilotage Act). As a result of extensive study and consultation, the Board of the Authority has determined and approved that the Atlantic Pilotage Authority Regulations be amended as noted below. These actions were reported to the Minister of Transport in January 1996.
1. Part I - Compulsory Pilotage Areas of New Brunswick: Add the Port of Belledune to the list of compulsory pilotage areas.
2. Part II - Compulsory Pilotage Areas of Newfoundland: Delete the Port of Clarenville from the list of compulsory pilotage areas and make it a non-compulsory pilotage area; and add the Port of Argentia to the list of compulsory pilotage areas.
Changes to the designations of compulsory and noncompulsory pilotage areas can only be accomplished by way of amendment to the Regulations, in accordance with section 20 of the Pilotage Act. At the request of the Minister of Transport, in 1995, the Authority conducted a review of the designations and approved the noted changes rather than the status quo.
The following factors were established by the Authority and used to determine whether a port should be added to or deleted from the list of compulsory pilotage areas:
1. The degree of difficulty and hazard in the approaches to, and navigation in, a pilotage area;
2. The amount of traffic in an area and whether this has changed materially over recent years, as to quantity, size of ship and nature of the cargo carried, and the incidence of weather conditions such as fog, ice, strong winds, etc.
3. The effects on the environment should a ship carrying hazardous or pollution-causing cargo suffer an accident;
4. Changes in the structure of a port or river and changes in the maintained depths of dredged channels and berths, both of which may affect ship handling;
5. The existence of Vessel Traffic Services (VTS) in the area; and
6. A consideration of past practice by the shipping industry of employing pilots in non-compulsory areas.
The ports of Belledune and Argentia fulfilled the preceding criteria, whereas the port of Clarenville no longer meets it. In consideration of the protection of the environment and safety requirements involved, it is felt that these changes to compulsory pilotage should be made.
In 1995, approximately 60 ships called at the port of Belledune, with 30 of these employing the services of a licensed pilot (resulting in 71 pilotage assignments). The gross revenue to the APA was $98,000, while the net revenue after paying for pilotage fees, pilot boats and overhead was $7,000. The new compulsory rates will be approximately the same as the current noncompulsory rates. Assuming an equivalent number of ships call at Belledune in 1997 (resulting in 120 pilotage assignments), the Authority will have a gross revenue of $128,000 and a net revenue of $13,000 after deducting the costs of pilot salaries, pilot boats and overhead. In summary, the cost to industry of these new charges will be approximately $30,000, with the APA realizing an increase in net revenue of $6,000. At present, four firms in the Belledune area will incur new costs as a result of this proposal.
In 1995, 264 ships called at the port of Argentia, with 14 of these employing the services of a licensed pilot (resulting in 26 pilotage assignments). The gross revenue to the APA was $33,000, while the net revenue after paying for pilotage fees, pilot boats and overhead was $5,000. The new compulsory rates will be approximately the same as the current non-compulsory rates. Assuming the number of ships which call at Argentia in 1997 will be 161 (resulting in 322 pilotage assignments), the Authority will have a gross revenue of $134,000 and a net revenue of $5,000 after deducting the costs of pilot salaries, pilot boats and overhead. In summary, the cost to industry of these new charges will be approximately $101,000, with the APA realizing no increase in net revenue. At present, three firms in the Argentia area will incur new costs as a result of this proposal.
In 1995 there were a total of 10 pilotage assignments at Clarenville, generating a revenue of $8,000. The APA realized a net loss of $1,000 on this amount. With the removal of Clarenville from the list of compulsory areas, the APA will no longer lose money for this service and it is quite possible that some ships calling at Clarenville will still wish to employ the services of a pilot, so the Authority could realize a very modest profit.
Following the Standing Committee on Transport's May 1995 report which recommended a review of all compulsory pilotage areas, the Minister of Transport instructed all Marine Pilotage Authorities in June of 1995 to review this and other issues of importance. Over the following months the APA proceeded to conduct a series of meetings with interested parties to discuss these matters. In addition to the meetings, the Authority solicited written responses on the issue of compulsory pilotage areas from the four Atlantic Provinces, shipping interests and port authorities. In all, 21 responses were received. On the basis of these replies, the officers of the Authority prepared a report to the Board which recommended that Clarenville become non-compulsory and Argentia and Belledune become compulsory. The results of these consultations were presented to the Minister in a report dated January 29, 1996. The presentation of this report fulfilled the APA's requirement under the December 1995 National Marine Policy which stated that "by Dec. 31, 1995, Authorities required to review: designated compulsory pilotage areas".
Agents for foreign ships in Canada are represented by the Shipping Federation of Canada, and the owners of Canadian ships are represented by the Canadian Shipowners Association. Both these groups were involved in the extensive consultation mentioned above.
Consultations by direct meetings and letters have taken place with the parties affected by these proposals. The parties reserve their right in respect of the proposed amendments.
This is a new initiative; it appears in the 1997 Federal Regulatory Plan.
The established compliance mechanism for which is provided, in section 25 of the Pilotage Act with associated penalty prescribed in section 47, remains unchanged.
Mr. R. A. McGuinness, Chairman, Atlantic Pilotage Authority, Purdy's Wharf, Tower 1, Suite 1402, 1959 Upper Water Street, Halifax, Nova Scotia B3J 3N2. (902) 426-2553 (Telephone), (902) 426-4004 (Facsimile).
Notice is hereby given, pursuant to subsection 20(3) of the Pilotage Act, that the Atlantic Pilotage Authority proposes, pursuant to paragraph 20(1)(a) of that Act, with the approval of the Governor in Council, to make the annexed Regulations Amending the Atlantic Pilotage Authority Regulations.
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. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Captain I. MacDiarmid, Senior Advisor, Marine Pilotage, Department of Transport, Place de Ville, Tower C, 17th Floor, Ottawa, Ontario, K1A ON5.
R. ANTHONY McGUINNESS Atlantic Pilotage Authority Chairman
AMENDMENTS
1. The portion of Part I1 of the schedule to the Atlantic Pilotage Authority Regulations2 after the heading "COMPULSORY PILOTAGE AREAS OF NEW BRUNSWICK" is replaced by the following:
1. The Belledune compulsory pilotage area consists of all the navigable waters within a line drawn from Little Belledune Point on a bearing of 0000 (True) for a distance of 3.0 nautical miles, to a position at Latitude 470 56'N, Longitude 650 47'W, and thence on a bearing of 1800 (True) to the shore.
2. The Miramichi compulsory pilotage area consists of all the navigable waters within a line drawn from Pointe Morin to the north end of Portage Island, thence on a bearing of 1140 (True) to a position at Latitude 470 07'30"N, Longitude 640 47'00"W, and thence on a bearing of 1910 (True) to Point Escuminac Light.
3. The Restigouche compulsory pilotage area is composed of two areas, namely, (a) Restigouche compulsory pilotage area (Zone A Dalhousie), which consists of all the navigable waters within a line drawn from Little Belledune Point on a bearing of 0000 (True) for a distance of 3.0 nautical miles, and a line drawn from the latter geographical point to Misquasha Point and a line drawn from Peuplier Point to Pointe a Fleurant; and
(b) Restigouche compulsory pilotage area (Zone B Campbellton), which consists of all the navigable waters within a line drawn from Peuplier Point to Pointe a Fleurant and a line drawn from Prait Point to Pointe de la Mission.
4. The Saint John compulsory pilotage area consists of all the navigable waters within a line drawn across the Saint John Harbour from a position at Latitude 450 15'48"N, Longitude 660 04'48"W, on a bearing of 1360 (True) to a position at Latitude 450 15'42"N, Longitude 660 04'36.8"W and all the navigable waters within a line bearing 1800 (True) from Cape Spencer for a distance of 1.6 nautical miles, thence 2700 (True) for a distance of 4.16 nautical miles, and thence 2950 (True) for a distance of 5.3 nautical miles to shore.
2. The heading before section 1 and sections 13 and 2 of Part II of the schedule to the Regulations are replaced by the following:
Argentia Compulsory Pilotage Area
1. The Argentia compulsory pilotage area consists of all the navigable waters within a line drawn from Latine Point to a position at Latitude 470 20'30"N, Longitude 540 OI'W, thence to the southwesterly point of Fox Island, and thence to the shore at Latitude 470 19'48"N, Longitude 530 56'W.
Bay of Exploits Compulsory Pilotage Area
2. The Bay of Exploits compulsory pilotage area consists of two areas, namely,
(a) Botwood compulsory pilotage area, which consists of all the navigable waters within a line drawn from Govers Point at a position of Latitude 49_19'36.5~N, Longitude 550 13'42.2"V, to Cabbage Harbour Head at a position of Latitude 490 19'54"N, Longitude 55011'42.5"W; and
(b) Lewisporte compulsory pilotage area, which consists of all the navigable waters within a line drawn from Long Point at a position of Latitude 490 21'00"N, Longitude 540 54'18"W, to Sivier Island, South End, at a position of Latitude 490 20'30"N, Longitude 540 58'54"W.
COMING INTO FORCE
3. These Regulations come into force on January 1, 1997.
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