Laurentian Pilotage Authority v. Techno-Navigation Ltée
T-260-94
Denault J.
11/12/96
7 pp.
Action claiming pilotage charges concerning activities of tug Techno-Venture and barge Jean-Raymond on St. Lawrence River-Three categories of pilotage service forms and corresponding invoices, totalling $38,654.98-Plaintiff claims entitled to payment of these invoices by virtue of powers vested in it by Pilotage Act, Laurentian Pilotage Authority Regulations and tariffs established by Regulations-Defendants refuse to pay amount claimed as allegedly exempt from obligation to take plaintiff's pilots on board-Pilotage Act establishes Pilotage Authorities, including plaintiff, whose objects are to "establish, operate, maintain and administer in the interests of safety an efficient pilotage service within the region" assigned to each Authority-Laurentian Pilotage Authority Regulations, s. 4(3)(d), tug Techno-Venture not subject to compulsory pilotage except in cases set out in s. 4(4), where operation of ship would constitute risk to safety of navigation-Given plaintiff has not proved existence of one of situations described in s. 4(4)(a), (b) or (c), defendant's tug not subject to compulsory pilotage and this portion of plaintiff's action must be dismissed-As to barge Jean-Raymond, non-propelled barge not manned by Canadian master or officers and not even fitted with equipment needed for navigation cannot be subject to compulsory pilotage-Seems physically impossible to accommodate pilot on it-Regulations vague and imprecise and do not operate to make non-propelled barges subject to compulsory pilotage-Tug and barge do not both become subject to compulsory pilotage simply because navigating together-Action dismissed-Pilotage Act, R.S.C., 1985, c. P-14-Laurentian Pilotage Authority Regulations, C.R.C., c. 1268, s. 4.