Laurentian Pilotage Authority v. Techno Navigation Ltée
A-1027-96
Décary J.A.
11/6/98
8 pp.
Appeal of decision of Trial Judge that tug Techno-Venture and barge Jean-Raymond exempt from pilotage charges and defendants accordingly not required to pay charges claimed ($38,653.98) under Laurentian Pilotage Authority (LPA) Regulations by reason of activities of tug and barge on St. Lawrence River between Les Escoumins and Portneuf-Charges claimed relating to three distinct situations: pilotage services for which defendants signed pilotage service form under protest; pilotage services for which defendants refused to sign pilotage service form; pilotage charges payable pursuant to Pilotage Act, s. 44 when barge proceeded through compulsory pilotage area without pilot-Appeal allowed-Act and Regulations establishing when pilotage charges payable, charges payable whether pilotage services provided or not; and tugs and barges are "ships"-Based on criteria of length, tonnage and cargo, barge but not tug subject to compulsory pilotage-At same time, to establish amount of charges payable in relation to barge, LPA could set tariff taking into account fact pilotage more expensive when towing involved than when ship piloted without assistance of tug-Within powers of LPA to take into consideration dimensions not only of towed ship but also of tug-Laurentian Pilotage Authority Regulations, C.R.C., c. 1268-Pilotage Act, R.S.C., 1985, c. P-14, s. 44.