of ship piloted. ship, or in some other equally conspicuous situation. R.S., c. 80, s. 82. Contribu- Pilots Fund. Contribu tions to the Quebec. Pilot Funds. 504. Every pilot for and above the harbour of Quebec shall contribute to the Montreal Decayed Pilots Fund out of every sum of money he is entitled to receive for pilotage, such percentage of the same, not exceeding seven per centum thereof, as the Minister by by-law shall determine, and, until such percentage is so determined by the Minister, every such pilot shall contribute five per centum out of every such sum to the said fund. R.S., c. 80, s. 85; 3 E. VII., c. 48, s. 1. 505. The treasurer of the Quebec Pilots Corporation shall, pilot fund of on the first day in each month, set apart seven per centum on all sums received by him during the then next preceding month for pilotage dues or dues for other services provided for by the pilots' tariff, earned by members of the said corporation; and all sums so set apart by the said treasurer under this section shall form part of the pilot fund. Examina tion under oath. Decayed pilots fund transferred to Quebec Pilots Corporation. Investments of moneys. Corporation to account to Minister for pilot fund. 2. The treasurer may, from time to time, examine any such member on oath to be administered by him as to the amount of any such dues received by him. R.S., c. 80, s. 86. 506. The administration of the fund created by the Act of the late province of Canada, passed in the twelfth year of Her late Majesty Queen Victoria's reign, chaptered one hundred and fourteen, and other Acts relating thereto, for the support and maintenance of decayed pilots, their widows and children, shall be vested in the Quebec Pilots' Corporation, which shall have the same rights and powers as the Trinity House of Quebec possessed on the eighth day of April, one thousand eight hundred and seventy-five, in relation to the said fund, and shall administer the same conformably to the said Acts. R.S., c. 80, s. 87. 507. The said corporation shall not invest any moneys belonging to the said fund otherwise than in Dominion stock or securities, or in stock of one or more of the chartered banks of Canada, or in such other way as is approved by the Minister R.S., c. 80, s. 88. 508. The Quebec Pilots Corporation shall, within seven days after the first day of January in each year, make a report to the Minister of their doings in relation to the Decayed Pilots Fund, with an account of the assets and liabilities of the said fund, and showing in detail their receipts and expenditures with respect to the same, and their investments of any moneys belonging thereto, with such further information and in such 1998 manner manner and form as the Minister, from time to time, prescribes. R.S., c. 80, s. 89. 509. Every pilot fund shall be applied as follows and in Application the following order, that is to say:: (a) In payment of such necessary expenses as are duly incurred in the administration of such fund; (b) In payment of superannuation allowances, or other relief, for the benefit of such pilots licensed by the pilotage authority of the district, as are incapacitated by reason of age, infirmity or accident, and of the widows and children of pilots so licensed, or of such incapacitated pilots only. R.S., c. 80, s. 91. of pilot of surplus of 510. Every sum of money belonging to any pilot fund Investment which has not been employed in such payments as aforesaid, pilot funds. including sums of money forming part of pilot funds now existing, of which re-investment becomes necessary, shall be invested in Dominion stock or other government securities, approved by the Governor in Council, in the name of the pilotage authority having control of the fund to which such sum of money belongs. R.S., c. 80, s. 92. Quebec Pilots Corporation. of masters of 511. The board of directors of the Quebec Pilots Corpor- Appointment ation shall have power, from time to time, to select any of the and removal pilots, members of the said corporation, to be masters of any schooners schooners under their control, and to remove them. R.S., c. 80, s. 94. of the corporation. masters. 512. The board of directors of the Quebec Pilots Corpor- Payment of ation may pay out of the funds of the said corporation to each directors and of its directors, and shall pay to each of the masters of the schooners of the said corporation a remuneration not exceeding in any one year one hundred dollars over and above his share in the net income of the said corporation. R.S., c. 80, on duty at 513. At all times during the season of navigation in the One director river St. Lawrence below Quebec, there shall be on duty and to be always personally present at one of the pilot stations, one of the one of the directors of the Quebec Pilots Corporation, whose duty it shall pilot sta be to, tions. pilots. (a) enforce the execution of the duties in regard to the To oversee embarkation and disembarkation of pilots, and the conduct of pilots and apprentices on board the pilot schooners; (b) keep a journal of occurrences, and note therein the Journal. absence of any schooner from its station, and the time and cause and duration of such absence, and every time when Copy for Minister. Pilotage authority oath. and place where such schooner anchors, and the length of time she remains at anchor. 2. Such journal, or a copy thereof, shall be transmitted monthly by the said board of directors to the Minister. R.S., c. 80, s. 97; 4-5 E. VII., c. 34, s. 2. Investigations. 514. The pilotage authority for any district shall, in all may examine cases of inquiry or investigation made by them under this witnesses on Part, or under any other Act or law, have full power to examine any person appearing before them to give evidence in such case on oath; and such oath may be administered by any member of such pilotage authority present at such inquiry or investigation. R.S., c. 80, s. 98. Montreal Constitution of court. Assessors. Pilots to be act as assessors. Investigations in the Pilotage District of Montreal. 515. The pilotage court created for the pilotage district of Montreal shall continue to be known as the Montreal Pilots Court. 63-64 V., c. 36, s. 1. 516. The Court shall consist of a commissioner appointed by the Minister, who shall be an advocate of the province of Quebec of not less than seven years' standing, and shall be sworn in before a judge of the Superior Court of the province of Quebec. 63-64 V., c. 36, s. 2. 517. The Court shall, in the hearing and determination of any charge or complaint against any pilot, and also in any inquiry in connection with any accident or damage happening to or caused by a vessel in charge of any pilot, have power to call in the aid of one or more assessors appointed as hercinafter provided. 63-64 V., c. 36, s. 3. 518. The licensed pilots shall annually, under regulations named tore to be made by the Minister, appoint one or more qualified pilots to act as such assessors, and the Minister shall also annually select one or more persons qualified to act as such assessors. 63-64 V., c. 36, s. 4; 3 E. VII., c. 48, s. 1. Payment of commissioner. 519. The commissioner shall be entitled to receive from the person or fund from which the costs of any inquiry or proceeding are directed to be paid, for each day actually occupied in the hearing of any case, the sum of ten dollars, and each assessor acting as such the sum of five dollars for each day so actually occupied; and such remuneration shall be included in and collected as part of such costs. 63-64 V., c. 36, s. 5. of court. 520. The Court shall hear and determine all charges or Jurisdiction complaints made against any pilot for any offence committed against the provisions of this Part or any regulation thereunder, and which, on the eighteenth day of July in the year nineteen hundred, could be heard and determined by the pilotage authority, whether in connection with any accident happening to or caused by vessels in charge of such pilot or otherwise. 63-64 V., c. 36, s. 7. 521. For the purpose of such inquiry and the punishment Powers of of any offence or neglect of duty by a pilot proved at such court. inquiry to the satisfaction of the Court, the Court shall have all the powers formerly enjoyed by the Montreal Pilotage Authority. 63-64 V., c. 36, s. 7. court for 522. The Court may make such order for the payment Orders of of the costs of the inquiry by any pilot in fault or by any payment of person making the charge or complaint against any pilot, or costs. out of the funds of the pilotage authority for the said district, as the Court deems just. 63-64 V., c. 36, s. 7. hear 523. The Court shall have jurisdiction and be competent Court to hear and determine all offences against the provisions of competent this Part within the pilotage district of Montreal. 63-64 V., offences. c. 36, s. 8. order investi 524. Whenever any ship sustains damage through the fault Minister may of any branch pilot for and above Quebec, the Minister may, gation into in his discretion and upon such information as he deems expedi- damage susent, and with or without complaint by any person, direct the ship by fault Court to investigate the matter, and the Court shall have power of pilot. to declare the license of such pilot forfeited. 63-64 V., c. 36, s. 9. tained by Limitation of time for 525. No such investigation shall be had in the case,- or, (b) of outward bound ships, after the expiry of thirty days from the happening of the damage or cause of complaint, unless the owner or master of the ship, within six days after the arrival of the ship at its destination, mails a complaint to the Minister, in which case the complaint shall be investigated by the Court within such time as the Minister may direct. 63-64 V., c. 36, s. 9. 526. The decision or order of the Court shall in all cases Order of be deemed to be final and conclusive. 63-64 V., c. 36, s. 10. court final. 126 2001 527. Rules and orders of court. Summary to apply. 527. The Court may, subject to the approval of the Minister and subject to the provisions of this Part, make general rules and orders for regulating its procedure, and for fixing the fees and costs to be awarded and allowed in any inquiry or proceeding before it, and may also, subject to the approval of the Minister, appoint a clerk of the Court, who shall be paid by fees. 63-64 V., c. 36, s. 11. 528. The provisions of Part XV. of the Criminal Code proceedings shall apply to proceedings by the Court under this Part for the recovery of all fines and costs and the enforcement of all penalties imposed under the authority of this Part, and the Court shall, for such purposes, have the jurisdiction and powers of a stipendiary or police magistrate. 63-64 V., c. 36, s. 12. When Montreal to Assessors called in. Rules and orders. Examination into pilot's conduct be Respecting the establishment of an Admiralty District in Montreal. 529. Upon the establishment of an Admiralty district at Montreal under the Admiralty Act, with a registry and a local judge in Admiralty of the Exchequer Court in and for such district, the members and clerk of the Montreal Pilots Court shall cease to hold office, and all the powers and jurisdiction of the Montreal Pilots Court shall be transferred to the Exchequer Court of Canada on its Admiralty side, and the local judge in Admiralty in and for the Admiralty district of Montreal shall have all the powers, jurisdiction and authority by this Part conferred upon the Montreal Pilots Court. 2. In the hearing and determination of any matter brought before him, such judge in Admiralty shall have power to call in the aid of one or more specially qualified assessors and hear and determine such matter either wholly or partially with the assistance of such assessor or assessors, and such judge shall have power to make all necessary rules and orders for the more effectually carrying out the provisions of this Part, so far as it relates to any proceedings which may be brought before him. 63-64 V., c. 36, s. 13. Complaints against Pilots of the Pilotage District of Quebec. 530. When any ship meets with any accident by reason of the fault of and while in charge of a pilot for and below the low Quebec. harbour of Quebec, the master, owner or consignee thereof, or other interested person may submit his complaint in respect thereto at any time thereafter, and the Minister may, in any case not provided for by Part X. of this Act, upon such information as he deems sufficient and with or without complaint by any person, cause the matter to be investigated and the license of the pilot may on such investigation be forfeited. R.S., c. 80, s. 100; 4-5 E. VII., c. 34, s. 2. 2002 531. |