Pilotage Act amendments come into force
Order Fixing the Day on Which this Order is Registered as the Day on Which Certain Sections of that Act Come into Force: SI/2020-32
This Order sets April 1, 2020 as the day that specified sections of the Budget Implementation Act, 2019, No. 1 come into force. The provisions amend the Pilotage Act (and related law) to transfer some responsibilities to the Minister of Transport, introduce administrative monetary penalties, strengthen enforcement and raise maximum fines for serious contraventions.
- Published
- April 1, 2020
- Department
- Unavailable
- Section
- Order Fixing the Day on Which this Order is Registered as the Day on Which Certain Sections of that Act Come into Force
- Comment deadline
- Unavailable
- Effective date
- April 1, 2020
- Publication part
- Part II
Summary
Summary#
This Order (SI/2020-32) sets the day it was registered as the day certain parts of the Budget Implementation Act, 2019, No. 1 come into force. On April 1, 2020, the Order brought into force a group of sections that change how marine pilotage is overseen and enforced in Canada.
What it does#
- Brings into force sections 236, 241, 249, 252 to 254, 256 and 267 of the Budget Implementation Act, 2019, No. 1.
- Those sections amend the Pilotage Act and make related changes to the Transportation Appeal Tribunal of Canada Act.
- Transfers some responsibilities from pilotage authorities to the Minister of Transport.
- Gives the Minister of Transport stronger enforcement and compliance powers, including the ability to issue interim and exemption orders and to direct pilots in certain situations.
- Introduces an administrative monetary penalty system so officials from Transport Canada can impose fines without going to court.
- Raises maximum fines for more serious offences from $5,000 to $1,000,000, and allows for possible prison terms for serious contraventions.
- Strengthens elements of the summary conviction process, modeled on other maritime safety laws.
Who's affected#
- Marine pilots and their licensing bodies (pilotage authorities).
- Ship operators, shipping companies and shippers who rely on pilotage services.
- Transport Canada and the Minister of Transport, because they gain new duties and powers.
- Coastal communities and anyone with an interest in marine safety and environmental protection.
- Indigenous groups were part of earlier consultations; the Order implements changes that grew out of that review.
- If it’s unclear whether a specific group will be affected in a particular way, that detail is not spelled out in the Order itself.
Why it matters#
- The changes aim to strengthen safety and reduce the risk of marine incidents by giving regulators clearer tools to enforce the rules.
- Higher penalties and administrative fines make non-compliance more costly for companies and individuals.
- Moving some powers to the Minister of Transport centralizes decision-making, which could speed responses in emergencies or exceptional cases.
- For crews and operators, the changes could mean stricter oversight, different procedures, and higher financial risk if rules are broken.
Key topics
Source: Canada Gazette