No. H103/04 For release November 15, 2004 OTTAWA - Transport Minister Jean-C. Lapierre today announced the appointment of Nigel H. Frawley of Toronto, Ontario, to investigate objections to proposed changes to regulations regarding the pilotage of ships in the Atlantic region. Pilotage refers to the guiding or "piloting" of ships through specific waters, and is performed by licensed marine pilots. The proposed changes to the regulations were initiated in response to recommendations made by the Canadian Transportation Agency to the Atlantic Pilotage Authority. The regulations specify the size limits and types of Canadian vessels subject to compulsory pilotage in the Atlantic region. Interested parties were given 30 days to comment on the proposals. During this comment period, several notices of objection to the proposed changes were received by the Minister of Transport. Under the Pilotage Act, the Minister of Transport is required to appoint a person to investigate any such objections. "Canada's pilotage authorities are responsible for operating pilotage services that are efficient, safe and economically self-sustaining," said Mr. Lapierre. "Transport Canada is working closely with the pilotage authorities, pilot associations and other agencies to continue to enhance Canada's pilotage system, and I am confident that Mr. Frawley's work will help us all achieve this goal." As part of his investigation, Mr. Frawley will conduct a series of meetings with those who filed objections. He will then make recommendations on the proposed changes. The Minister may approve the proposed changes or require that they be amended. The Atlantic Pilotage Authority requires any foreign ship, as well as any Canadian ship of more than 1,500 gross registered tons, to be under the conduct of a qualified marine pilot licensed by the Atlantic Pilotage Authority, or a pilotage certificate-holder certified by the authority. Fishing vessels are exempt from compulsory pilotage. Among the changes proposed by the Atlantic Pilotage Authority is an increase in this limit to 3,000 gross registered tons. Pilotage authorities are federal Crown corporations created under the Pilotage Act to provide safe and effective pilotage services within all coastal waters in Canada. Under the Pilotage Act, a pilotage authority may make regulations necessary to meet its responsibilities. In order to propose any changes to existing pilotage regulations and standards, pilotage authorities must first demonstrate to Transport Canada that they have properly assessed the risk associated with the changes and have determined that safety will not be compromised. Interested parties are then given an opportunity to comment on the proposed changes. Mr. Frawley served in the Royal Canadian Navy from 1956 until 1969. During this time, he served with the United Nations Emergency Force in Suez, Egypt, and was on loan to the Royal Navy for submarine service operating from the United Kingdom, Malta, Australia and Canada. He retired in 1969, having attained the rank of Lieutenant Commander. From 1969 to 1972, Mr. Frawley studied at the Faculty of Law, University of Toronto, and earned a bachelor of laws degree. He has worked with the firms of McMillan, Binch; Paterson, MacDougall; Meighen Demers; and Borden & Elliot/Borden Ladner Gervais LLP, all barristers and solicitors. Mr. Frawley is a member of the Canadian Bar Association, the Law Society of Upper Canada, the Canadian Maritime Law Association and the Metro Toronto Lawyers Association. He is also the author of many professional papers and publications. It is anticipated that Mr. Frawley will complete his investigation by the end of December. -30- Contacts: Irène Marcheterre Director of Communications Office of the Minister, Ottawa (613) 991-0700 Marie Josée Dubois Communications, Transport Canada, Ottawa (613) 993-0055 Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada. This news release may be made available in alternative formats for persons with visual disabilities.
