MARITIME LAW |
Navigation Madeleine Inc. v. Canada (Attorney General)
T-275-03
2004 FC 54, Blais J.
15/1/04
16 pp.
Application for declaratory judgment against Laurentian Pilotage Authority, a federal board, that vessel C.T.M.A. Vacancier (vessel) not subject to compulsory pilotage under Pilotage Act (Act) and Laurentian Pilotage Authority Regulations (Regulations)--Applicant asking Court to declare vessel is ferry and consequently exempted from compulsory pilotage provisions under Act and Regulations--Vessel not ferry within meaning of Regulations--Ferry defined in Fee Schedule for Marine Navigation Services (Fees to be Paid for Marine Navigation Services provided by the Canadian Coast Guard)--Purpose of Regulattions requiring compulsory pilotage to ensure safety of ships and passengers in areas in which navigation, for various reasons, difficult--Vessel, when navigates within compulsory pilotage area, does not have a ferry route--It does not cross from one shore to another, but goes upriver from stopover in Matane over distance of 340 nautical miles--It follows navigation channel taken by other boats subject to compulsory pilotage--Its tonnage, dimensions and number of passengers it carries justify presence aboard of qualified pilots--Application for declaratory judgment dismissed--Pilotage Act, R.S.C., 1985, c. P-14--Laurentian Pilotage Authority Regulations, C.R.C., c. 1268.