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Canada Shipping Act, 2001 - Voyage Classifications

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Canada Gazette, Part I, Volume 154, Number 44: Vessel Safety Certificates Regulations

October 31, 2020

Statutory authorities Canada Pension Plan Canada Labour Code Canada Shipping Act, 2001

Sponsoring department Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

( This statement is not part of the Regulations .)

Transport Canada (TC) is seeking to address various issues through the proposed amendments to the Vessel Certificates Regulations (VCR). Amendments to the VCR are needed in order to (1) clarify or modernize existing regulatory requirements; and (2) update the VCR to better align with the Canada Shipping Act, 2001 (CSA 2001). In addition, further amendments are needed to correct minor technical discrepancies identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

The VCR came into force in 2007 as part of the modernization and implementation of the CSA 2001. The VCR established vessel certificate requirements for all Canadian flagged vessels, and foreign flagged vessels operating in waters subject to Canadian jurisdiction, and consolidated and replaced the existing voyage classification system present under the Canada Shipping Act .

Vessel certificate requirements under the VCR vary based on the voyage classification, area of operation, and size and type of vessel. Transport Canada issues safety certificates to vessels if they meet applicable technical requirements set out in regulations made under Part 4 of the CSA 2001. The voyage classification system in the VCR, which replaced the system under the Canada Shipping Act , was developed using a risk-based approach that consists of the following classifications, ranked from lowest risk to highest risk:

  • sheltered waters voyage;
  • near coastal voyage, Class 2;
  • near coastal voyage, Class 1; and
  • unlimited voyage.

These classifications were tailored to the operational contexts of the vessels, and were made in consideration of the International Convention for the Safety of Life at Sea of 1974 (SOLAS Convention), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995.

Proposed changes to the VCR would align with statutory changes made when the CSA 2001 replaced the Canada Shipping Act and would codify existing operational practices. This regulatory project also follows through on the priorities of Transport Canada to modernize regulations and legislation relevant to the transportation sector, and to modernize the Canadian inspection regime.

Modernization of inspection requirements

Currently, vessel inspection requirements are spread out among several regulations, resulting in the absence of a centralized location that stakeholders can identify and reference all the requirements that may apply to them. More importantly, various regulations contain vessel inspection requirements that are outdated or obsolete, and do not reflect modern practices. For example, in the Hull Inspection Regulations , drilling a hole is listed as a method in which an inspector would determine an object’s thickness, whereas the current practice is ultrasonic thickness measurement, which does not damage the object being measured. Similarly, inspection requirements for a ship’s coal bunkers and ash chutes are obsolete given that composition of the modern fleet does not include steamships powered by coal.

Furthermore, because inspection requirements are set out in regulation, a full regulatory amendment process is needed to make any changes to inspection requirements, hindering Transport Canada’s ability to keep the requirements up to date. While the Minister of Transport has the authority under the CSA 2001 to set inspection requirements using administrative documents, the current regulatory approach has not made use of this authority. Consolidating these requirements under administrative documents would expedite the process for updating inspection requirements, enabling increased flexibility to adjust requirements to respond to identified safety risks or to incorporate technological advances within the Canadian inspection regime.

Clarifying vessel safety requirements

For Canadian non-safety convention vessels, footnote 1 the VCR stipulate vessel certificate requirements based on vessel size, number of passengers, the presence of boilers in excess of 103 kilopascal (kPa) and the presence of unfired pressure vessels. The requirement to issue certificates based on the presence of boilers or pressure vessels is outdated, as boilers are no longer used as a main source of energy on vessels and unfired pressure vessels are now serially produced using appropriate codes and standards.

The VCR also include unintentional requirements that certain Canadian non-safety convention vessels, such as dragon boats, certain non-self-propelled vessels (barges), and vessels under 15 gross tonnage and carrying fewer than 12 passengers, be certificated. Given that barges are included in the definition of “vessel” under the CSA 2001, an unintentional requirement for all barges to be certificated was created in 2007 with the coming into force of relevant sections of the CSA 2001 and the VCR, as most unpowered barges were not previously required to be certificated under the old Canada Shipping Act . A Transport Canada Marine Safety and Security policy implemented in 2008 footnote 2 excluded certain barges from inspections and certification, temporarily resolving the unintentional requirement, until the VCR could be amended.

The VCR also contain gaps with respect to new vessel safety certificates or related documents that may be added or amended under the SOLAS Convention. For example, in accordance with SOLAS Chapter XI-1, regulation 5, and the Marine Transportation Security Regulations (MTSR), Canadian and foreign SOLAS vessels are required to carry a Continuous Synopsis Record (CSR). The CSR is a record of the history of a safety convention vessel that includes information such as the vessel name(s), ownership, registration information, identification number, classification society, and administration(s) responsible for issuing the vessel’s SOLAS certificates and documents. While Transport Canada Marine Safety has been carrying out the practice of issuing CSRs to authorized representatives of Canadian SOLAS vessels, under the authority of the CSA 2001 (paragraph 35(1)(d)), and in accordance with the SOLAS Convention and a Memorandum of Understanding with Marine Security, requirements for issuing CSRs have not been stated in any regulations. Similarly, the requirement for a CSR to be kept up to date to reflect changes to information contained in the CSR has not been stated in any regulations, despite being a requirement in the SOLAS Convention.

There are also gaps in the VCR where criteria are listed to determine if any limitations are necessary for a vessel’s intended voyage, taking into account the vessel’s construction, equipment, and stability and design criteria. While the current criteria in the VCR include wind velocity, wave height, and navigation hazards, they do not include “ice conditions” which are also a factor in determining necessary limitations for a vessel’s voyage.

Finally, the current VCR are unclear on the vessel safety certificate requirements for vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas, whether subject to the Canada Oil and Gas Operations Act , the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act . While these vessels are subject to the VCR, it is not clearly stated that the vessels are not subject to the VCR when they are on site and engaged in the aforementioned operations.

Updating voyage classification definitions and sheltered waters schedules

Commercial vessels must be designed, built and equipped to operate safely in their area of operation and must be operated in a way that respects their design limitations. Voyage classifications are used in Canada’s marine-related regulations to establish the areas in which vessels may operate. Voyage classifications are defined in the Interpretation section of the VCR and are mainly based on distance from shore and, in some cases, nearest place of refuge.

Voyage classification definitions listed in the VCR do not reflect updates that were made during the conversion from the Canada Shipping Act to the CSA 2001, resulting in unintentional gaps in the VCR. For example, the number of voyage classifications was reduced by over half (from nine to four), and the inland voyage classification was excluded, creating a situation whereby areas more than 25 nautical miles (NM) from shore on large lakes (e.g. Lake Huron, Lake Superior, Great Slave Lake and others) were promoted unnecessarily from the second-lowest classification of risk to the second-highest level.

This gap particularly impacts vessels engaged in near coastal voyage, Class 2 voyages operating along coastal waters and then continuing into the Great Lakes, as they are restricted to 25 nautical miles from shore, even though the conditions for the entire lake would be much less risky than a voyage in coastal waters. Thus, vessels operating in areas that exceed 25 nautical miles from shore, but remain in the confines of the Great Lakes, have to carry the same equipment as their ocean-going counterparts (i.e. as per near coastal voyage, Class 1) and operators would require the same certification. The omission of the inland voyage classification also created a gap as there was no longer a voyage classification that could properly reflect the area where the SOLAS Convention, and other International Maritime Organization conventions, did not apply in the Great Lakes and St. Lawrence River system, creating confusion for the certification of vessels operating exclusively in this area.

The definition of sheltered waters voyage was also updated in a Transport Canada policy and communicated to stakeholders in a Ship Safety Bulletin footnote 3 following stakeholder consultations undertaken between 2012 and 2015. The updated definition expanded the minimum distance from shore in the sheltered waters voyage classification definition from 1 nautical mile to 2.5 nautical miles, thus expanding the small bodies of water which could be considered sheltered and low risk without a formal risk assessment. This resulted in a gap between the current VCR and common practice. These changes were implemented on an interim basis in a Transport Canada Marine Safety and Security policy published in 2015. footnote 4

In addition, sheltered waters schedules listed in the VCR have not been updated to account for new designated sheltered waters that have been identified as low risk through formal risk assessments, since the VCR came into force in 2007. These risk assessments led to an additional 87 areas that are to be considered “sheltered waters,” as well as minor amendments made to existing sheltered waters areas (e.g. addition of French place names, consistency in expression of coordinates). While these new designated sheltered waters have been recognized through policy implementation and subsequently published in Ship Safety Bulletins, footnote 5 they have yet to be updated in the VCR.

Addressing gaps and improving clarity

In some instances, minor gaps exist in the current VCR, which can create uncertainties for authorized representatives of vessels regarding their vessel safety certificate obligations. For example, the CSA 2001 requires the authorized representative to maintain the conditions of their vessel as required in Canadian maritime documents, such as vessel safety certificates. However, the VCR do not explicitly address the obligation of authorized representatives to report on how and when deficiencies identified during vessel inspections have been addressed, or to report when requirements for the issuance of certificates may no longer be met, such as when a vessel has been damaged, or modifications have been made that could affect the tonnage or stability of the vessel. As a result, potential safety issues may not be brought to Transport Canada’s attention. These obligations existed in the previous Canada Shipping Act , but were inadvertently lost when the VCR and certain sections of the CSA 2001 came into force in 2007, although they continued in practice.

In addition, even though the CSA 2001 clearly establishes the Minister’s authority in respect to the oversight and enforcement of foreign vessels in Canada, the VCR do not explicitly address their safety requirements if they are not covered under the SOLAS Convention. Addressing this gap would help to ensure that there is an equivalent level of safety between Canadian vessels and foreign non-safety convention vessels of similar size and type of voyage, and would support a more consistent enforcement of the CSA 2001.

Finally, the SJCSR reviewed the VCR in 2016 and provided Transport Canada with 11 recommendations for minor amendments to the VCR that would address a minor grammatical issue in a voyage definition, more clearly communicate existing requirements, and reduce inconsistencies and redundancies in the body of the regulatory text. All 11 recommendations have been taken into account in drafting the amendments to the VCR.

The objectives of the proposed amendments are to ensure that the VCR

  • (1) are clear, precise and well aligned with the CSA 2001;
  • (2) reflect up-to-date regulatory practices; and
  • (3) improve regulatory efficiency for government and stakeholders.

Description

Proposed amendments to the VCR would be made to clarify and update existing vessel safety certificate and inspection requirements and voyage classification definitions, and to update schedules for sheltered waters. In addition, consequential amendments would be made with an aim to increase regulatory flexibility, harmonization and simplicity for stakeholders and government. A description of the proposed amendments follows.

Title and structure

To reflect the regulatory proposal’s emphasis on promoting and ensuring vessel safety, the title of the Vessel Certificates Regulations would be changed to Vessel Safety Certificates Regulations .

The structure of the existing VCR would be modified for the purpose of increased clarity, adopting the following format:

  • Division 1: Safety Convention Vessels
  • Division 2: Vessels that are not Safety Convention Vessels
  • Division 3: Reports and Inspections
  • Part 2: Foreign Vessels
  • Part 3: Transitional Provision, Consequential and related Amendments, Repeals, and Coming into Force
  • Schedule 1: Sheltered Waters Voyages
  • Schedule 2: Sheltered Waters Voyages Made by a Ferry

As per the CSA 2001, the Minister has the authority to establish inspection requirements, such as specifying required documentation for the issuance of Canadian maritime documents (e.g. licence, permit or certificate), in administrative documents as opposed to in regulation. The Minister also has the authority to determine how, when, and for how long Canadian maritime documents are issued. Amendments would be made to multiple regulations to repeal inspection requirements found across various regulations and move them into appropriate administrative documents, such as the new Canadian Inspection Standard which will be published concurrently with the coming-into-force date of the proposed Regulations.

The International Maritime Organization’s Harmonized System of Survey and Classification (HSSC) nomenclature (which varies slightly from the Canadian inspection regime) would be adopted to the extent possible in the administrative documents, resulting in greater consistency between terminology used internationally and already established in some of the more up-to-date regulations. For example, “First Inspection” will be renamed “Initial Inspection,” as is standard under the HSSC. These amendments will not change the substance or structure of inspections in Canada.

During the transfer of these inspection requirements from regulations to administrative documents, relevant out-of-date technical inspection requirements would be replaced by modern equivalents that reflect current practices. For example, outdated requirements for inspectors to drill holes to measure hull thickness would be replaced with a requirement for an ultrasonic thickness measurement. Additionally, obsolete practices would be removed and not replaced, such as the inspection requirements for a ship’s coal bunkers and ash chutes, which are obsolete given that the modern fleet does not include steamships powered by coal.

Clarifying vessel safety certificate requirements

To clarify and modernize the requirements for Canadian non-SOLAS vessels, the amendments would

  • make the requirement for carrying a vessel inspection certificate based only on vessel size or number of passengers (i.e. vessels of 15 gross tonnage or less that carry more than 12 passengers, and vessels of more than 15 gross tonnage). This would remove the requirement for vessels fitted with an unfired pressure vessel or a boiler that operates in excess of 103 kPa to carry a vessel inspection certificate solely on that basis;
  • exclude human powered vessels, such as dragon boats, from requiring a vessel inspection certificate given that the VCR were never intended to apply to human powered vessels carrying more than 12 passengers; and
  • exclude certain non-self-propelled barges (except for those carrying persons on board, dangerous chemicals or oil in bulk form) from requirements to carry a vessel inspection certificate, thus formalizing a policy that has been in place since 2008.

The proposed amendments would also include a new clause that specifies the requirements for the issuance of CSR for Canadian safety convention vessels. This would align with the CSR requirements in the SOLAS Convention and current practices. In addition, provisions would be included that clarify that the CSR carried by Canadian and foreign SOLAS vessels remain up to date.

In addition, proposed amendments to the VCR, which have been developed in partnership with Natural Resources Canada, would clarify that vessels capable of engaging in the drilling for, or the production, conservation or processing of oil or gas that are subject to the Canadian Oil and Gas Operations Act , the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation are not subject to the VCR when they are on location and engaged in these operations.

Finally, the proposed amendments would also add “ice conditions” to the list of criteria considered to determine whether limits are necessary for the intended voyage. Given Canada’s diverse climate and conditions (depending on geographic location and time of the year), ice conditions have always been considered in practice under the criterion “navigation hazards” within the existing criteria (which include, among other things, wave height, wind velocity, and navigation hazards); however, for clarity and certainty, ice conditions would be added explicitly to the criteria.

Voyage classification and sheltered waters

Amendments to the proposed VCR would add back into the voyage classification scheme definitions for “inland waters of Canada” and “inland voyage.” These classifications would include Lake Huron and Lake Superior, allowing vessels to move freely between these lakes and coastal waters without the need for a near-coastal, Class 1, voyage certification. In addition, the amendments would clarify that vessel safety certificates issued with a specific voyage classification may engage in a voyage of a lesser classification without the need for a new certificate.

The VCR would also be amended to reflect changes made to the definition of sheltered waters, adopted by policy in 2015. The proposed amendments expand the minimum distance from shore in the current sheltered waters voyage classification definition from 1 nautical mile to 2.5 nautical miles, thus expanding the number of small bodies of water which could be considered sheltered, and therefore low risk, without a formal risk assessment.

In addition, the 87 sheltered waters that have been identified to be low risk through a formal risk assessment would be added to the sheltered waters schedules. Minor amendments to the schedule would also be made to ensure consistency on how waters are described across all the listings. Lastly, four listings for the Toronto area under Schedule 2 would be removed, as the updated definition for sheltered waters makes these listings redundant.

Due to an inadvertent omission during the transition from the Canada Shipping Act to the CSA 2001, the VCR do not clearly state the obligation of vessel owners to report to the Minister when a change has been made to a vessel that could potentially impact a vessel’s certificate, whether it be from an intentional modification or damage to the vessel. Despite the omission, this process has continued to occur in practice. To address the omission and ensure the safety of affected vessels, proposed amendments to the VCR would include requirements for authorized representatives to inform the Minister of any vessel modification or damage where there is a likelihood that the requirements upon which the vessel inspection certificate was based might no longer be met. These proposed amendments would allow the Minister to verify, through documentary evidence or inspection, that the conditions for the issuance of the certificate continue to be met.

Similarly, when deficiencies have been identified in an inspection, it has traditionally been the responsibility of the authorized representative of the vessel to rectify the deficiency in the allotted time frame identified in the inspection report, and to report the rectification of the deficiency to the Minister. However, requirements to report back to the Minister and provide evidence that the deficiency has been rectified were lost during the transition from the Canada Shipping Act to the CSA 2001. Proposed amendments would add this requirement to the regulations, allowing the Minister to verify that the conditions for the issuance of a certificate continue to be met, and to acknowledge the rectification of the deficiency. This provision will also enable the Minister to take enforcement action, such as imposing fines, for non-compliance with these requirements.

With respect to foreign safety convention vessels, the proposed amendments would clarify that the scope of these regulations applies to safety certificates issued under the SOLAS Convention, rather than all international conventions, protocols, and resolutions under Schedule 1 of the Act. The proposed amendments would also explicitly state requirements for foreign non-safety convention vessels in Canada to ensure an equivalent level of safety between Canadian vessels and foreign non-safety convention vessels of similar size and type of voyage. The majority of foreign vessels in Canadian waters already meet either international conventions or the safety requirements of their flag state, and therefore already meet the safety requirements in the proposed amendments. The proposed amendments would support a more consistent enforcement of the CSA 2001 safety objectives in case of substandard vessels that could trade in Canadian waters, and may expose persons or the environment to danger.

Amendments to address comments from the Standing Joint Committee for the Scrutiny of Regulations

Minor amendments would also be made to address recommendations by the SJCSR to correct a grammatical issue in a voyage definition and more clearly communicate existing requirements by reducing inconsistencies and redundancies in the body of the regulatory text.

Consequential amendments

In addition to the repeal of inspection requirements found across various regulations so they can be moved into appropriate administrative documents, regulations that refer directly to the Vessel Certificates Regulations would be amended to refer to the Vessel Safety Certificates Regulations . Further, voyage classification definitions found in other regulations would be amended to replace the definition with a reference to class of voyage as per the Vessel Safety Certificates Regulations .

Consequential amendments would also be made to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations to include new administrative monetary penalties pertaining to the requirement for SOLAS vessels to carry up-to-date CSR, reporting of rectification of deficiencies, reporting of modifications or damage to a vessel, and requirement for foreign non-safety convention vessels to carry vessel certificates.

In total, 20 regulations would be affected, three of which (the Vessel Certificates Regulations , the Hull Inspection Regulations and the Classed Ships Inspection Regulations, 1988 ) would be repealed entirely.

Regulations with authority under the Canada Shipping Act, 2001 impacted through consequential amendments:

Fishing Vessel Safety Regulations

Load line regulations, marine personnel regulations, vessel clearance regulations, vessel registration and tonnage regulations, cargo, fumigation and tackle regulations, administrative monetary penalties and notices (csa 2001) regulations, fire and boat drills regulations, small vessel regulations, vessel pollution and dangerous chemicals regulations, vessel fire safety regulations, board of steamship inspection scale of fees, hull construction regulations, large fishing vessel inspection regulations, marine machinery regulations.

  • Hull Inspection Regulations
  • Classed Ships Inspection Regulations, 1988
  • Vessel Certificates Regulations

Regulations with authority under the Canada Labour Code impacted through consequential amendments:

Maritime Occupational Health and Safety Regulations

Regulations with authority under Canada Pension Plan impacted through consequential amendments:

Canada Pension Plan Regulations

Regulatory development, consultation, canadian marine advisory council.

Regular consultations have been held through annual national and regional meetings of the Canadian Marine Advisory Council (CMAC) since 2011. CMAC meetings are coordinated and chaired by senior members of TC, and are composed of parties that have a recognized interest in shipping, navigation, and pollution matters.

Consultations at the initial CMAC meetings, starting in the fall of 2011, informed stakeholders of the regulatory proposal’s intent to consolidate and clarify inspection requirements and update the language in the VCR to be consistent with terminology found in the HSSC.

At the spring 2013 CMAC meeting, on the topic of sheltered waters, stakeholders suggested expanding the definition of sheltered waters to include inland waters that are within 2.5 nautical miles from the closest shore, as opposed to 1 nautical mile. An update to the definition of sheltered waters (from 1 nautical mile from shore to 2.5 nautical miles) was made through the Ship Safety Bulletin No.: 03/2015 (amendment 2015-05-29) entitled Sheltered Waters Voyages, and presented to stakeholders at the spring 2015 CMAC meeting. The proposed amendments to the VCR would include this updated definition.

Regular CMAC presentations were given between 2013 and 2015 that provided updates on the regulatory proposal. During this time no concerns were raised by stakeholders.

Renewed efforts to amend the VCR started in 2017. At the fall 2017 CMAC meeting, stakeholders were presented with an overview of plans to modernize the Canadian inspection regime, including efforts to modernize the VCR. It was noted at this time that proposed amendments to the VCR would clarify vessel certificate requirements, voyage classification definitions, and move inspection requirements into administrative documents. Stakeholders responded positively to the update. A follow-up presentation was given at the spring 2018 CMAC meeting, which reiterated the key points of the regulatory proposal.

At the fall 2018 CMAC meeting, the overall structure of the amended VCR, as well as highlights of proposed changes to the VCR were reviewed. It was reiterated to stakeholders that the bulk of the work on this proposal would pertain to consequential amendments, with inspection requirements being moved out of the regulations and into administrative documents. Stakeholders asked follow-up questions regarding voyage definitions, specifically relating to near coastal voyage, Class 1 and near coastal voyage, Class 2. Stakeholders were informed that work on these definitions was ongoing, and that all comments should be forwarded to TC. An update on these definitions was presented at the spring 2019 CMAC meeting. At that time, the new structure for the VCR, as well as work toward developing administrative documents for inspection requirements, was presented.

An update on the regulatory proposal was most recently given to stakeholders at the fall 2019 CMAC meeting. The presentation provided an update on the development of the administrative documents that would support the VCR, as well as a draft table of contents for the Inspection Standard administrative document, which would be composed of the consolidated inspection requirements repealed from other regulations. Stakeholders were also given updates on efforts to amend the VCR to align with changes that have already been made through Ship Safety Bulletins and Transport Publications (TPs) since the VCR came into force in 2007 and proposed amendments to address those requirements that were unintentionally dropped during the transition from the Canada Shipping Act to the CSA 2001.

Overall, the CMAC meetings have provided stakeholders with the opportunity to comment on the regulatory proposal’s scope, objectives, and framework. Stakeholders have not raised concerns with the proposed amendments to the VCR.

Engagement with other government departments

Engagement has been ongoing between TC and Natural Resources Canada, consistent with the Memorandum of Understanding (MoU) signed in 2008 between both departments. The MoU established a modus operandi between Natural Resources Canada and TC to obtain the joint recommendations, as per subsection 120(2) of the CSA 2001, in instances when regulations touch on vessels involved in oil and gas explorations.

As a result of this MoU and requirement for joint recommendation, TC has worked closely with Natural Resources Canada to develop language for the VCR with respect to vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas.

Transport Canada also sought a joint recommendation from the Minister of Natural Resources Canada for consequential amendments to the Vessel Pollution and Dangerous Chemicals Regulations . In addition, the Canada Revenue Agency and Employment and Social Development Canada were engaged with respect to proposed consequential amendments to the Canada Pension Plan Regulations and the Maritime Occupational Health and Safety Regulations , respectively. No concerns were raised.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation , analysis was undertaken to determine whether the proposed Regulations are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and after examination, no implications or impacts on modern treaties are identified.

Instrument choice

Subsection 120(1) of the CSA 2001 gives the Governor in Council authority, on the recommendation of the Minister, to make regulations respecting the safety of vessels. Because this proposal is largely administrative in nature, intended to clarify existing vessel safety certificate requirements within the VCR, and to align the VCR with current practices already being carried out due to changes made through other legislative and policy instruments, regulatory amendments were the most appropriate approach to address these needs.

Proposed amendments would also make use of the Minister’s authorities under the CSA 2001 to use administrative documents, instead of regulations, to specify inspection requirements for Canadian maritime documents. Based on research, analysis and consultations, TC concluded that consolidating these requirements under administrative documents would be the most appropriate and effective approach, as it would help enable and ensure flexibility to adjust requirements to respond to identified safety risks and/or to incorporate technological advances within the Canadian inspection regime. This aligns with a 2005 policy directive by TC, which established a vision for a modernized approach to the Canadian inspection regime, and specified how administrative documents could be used in place of standalone inspection regulations. In addition, the policy directive specified that the frequency of certain inspections, and the manner in which they are carried out could be stated in administrative documents and changed as required, without the additional burden of a regulatory amendment.

Regulatory analysis

Benefits and costs.

All monetized figures presented in the “Benefits and costs” section are in present value over a 10-year analytical time frame (2021–2030), using a 2019 dollar year and 2021 base year. For the proposed Regulations, the total estimated benefits would be $0.5 million and the total estimated costs would be $0.14 million. The total net present value of the proposed Regulations is therefore $0.37 million.

Due to some of the minor updates being made when moving the inspection requirements to administrative documents, some authorized representatives would no longer be required to apply for equivalency through the Marine Technical Review Board (MTRB). It is estimated that, on average, at least 9.33 MTRB applications per year, or 93 over the 10-year analytical time frame, would be avoided. footnote 6 This would give the authorized representatives more certainty in their operations as they would not need to wait for a decision from the MTRB. This would also lead to decreased effort from both the authorized representatives and the Government of Canada.

It is estimated that MTRB applications require the effort of one authorized representative for 1 to 2 days (7.5–15 hours). The expected cost savings to industry from the proposed Regulations would be $38,469. For the Government of Canada, it is estimated that the average cost for the processing of an MTRB application is $6,600. The expected cost savings to government from the proposed Regulations would be $0.46 million. The total benefit of the proposed Regulations is therefore $0.5 million.

There would also be non-monetized benefits associated with these proposed amendments such as the clarification of requirements and the resulting increased efficiency for industry. Due to the adjustments made to the voyage classifications, industry would benefit from extended operating areas for sheltered waters and inland voyages. As a result of the administrative changes in the proposed regulatory project, vessel safety certificate requirements would be more clearly worded and structured to be easier to reference.

Two minor costs to vessel owners associated with the expected increase in compliance have been identified with respect to requirements to notify TC. It is important to note that compliance with safety requirements is already mandatory and these costs are only associated with the process of informing TC. The first cost is associated with notifying TC of addressed deficiencies and the second is associated with notifying TC of vessel modifications or damage where there is a likelihood that safety certificate requirements are no longer met. The total cost associated with the proposed Regulations is estimated to be $136,231.

There would be minor costs associated with increased compliance of authorized representatives notifying TC after addressing deficiencies. While the requirements exist in the Act, the estimated rate of compliance in the baseline scenario is 78%. footnote 7 In order to achieve full compliance, an estimated additional 744 notifications would be required annually, with each notification taking an assumed 15 minutes. This task would be completed by the authorized representatives. It is therefore estimated that the notification of addressed deficiencies would cost industry $68,115.

There would also be minor costs associated with the increased compliance of authorized representatives notifying TC after completing modifications to their vessels, or in the event of damage if there is a likelihood that it results in the vessel no longer meeting the safety requirements. Due to a lack of data on the numbers of these modifications or damages that are done without notifying TC, it is assumed that similar numbers of modifications/damage requiring notification are made to deficiencies requiring notification. Therefore, the estimated cost to industry associated with the notification of modifications or damage would be $68,115.

This analysis assumes full compliance, so no costs are estimated for the administrative monetary penalties (AMPs).

Small business lens

The small business lens applies as there are impacts on small businesses associated with the proposal.

Due to a lack of data availability on employees and revenues, it is uncertain how many businesses affected by this proposal are considered small businesses.

Some small businesses may benefit from the reduction in MTRB applications required, but it is not certain what proportion of these cost savings to industry would be realized by those qualifying as small businesses. There would also be benefits to some small businesses associated with the sheltered waters provisions as described in the “Benefits and costs” section.

Small businesses would also incur costs due to the increase in the notifications to TC for addressed deficiencies and/or vessel modifications or damage. Each notification to TC would carry a nominal cost of only $9.75. Given the low cost, that compliance with these provisions is already estimated at 78%, and that notifications are necessary to confirm and ensure that vessels operate in compliance with safety requirements on an ongoing basis, no additional flexibility for small businesses have been provided.

One-for-one rule

The one-for-one rule applies since there is an incremental increase in administrative burden on business, one regulatory title is being repealed and replaced, and two additional regulatory titles are being repealed.

All costs to industry identified in the “Benefits and costs” section qualify as administrative burden and all are to businesses (pleasure crafts are not in scope of the proposed Regulations).The annualized net cost would be $7,076, with a corresponding annualized net cost per business of $0.38. footnote 8

The regulatory title being added is the Vessel Safety Certificates Regulations , which replaces the Vessel Certificates Regulations . This repeal and replace would not result in a net increase or decrease in regulatory titles.

The two additional titles being repealed are the following:

These repeals would result in a net decrease of two regulatory titles. Therefore, these repeals are considered “titles out” for the purposes of the one-for-one rule.

Regulatory cooperation and alignment

This initiative is not part of a formal regulatory cooperation work plan, but it does clarify requirements for vessels subject to the SOLAS Convention. However, the proposed amendments would not change any of the current requirements for SOLAS vessels or affect Canada’s relationship to the Convention. The proposed amendments to the VCR would also update common terminology for the Canadian inspection regime to align with international guidelines, including the HSSC. In addition, repealing inspection requirements from regulations and placing them in administrative documents would enable a streamlined process for future updates to inspection requirements. This would ensure that requirements remain up to date and consistent with international standards.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals , and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed for this proposal and a sustainable transportation assessment was completed. Based on the preliminary assessment, it was determined that the proposed amendments do not introduce any new requirements that affect the environment and that a strategic environmental assessment was unnecessary.

Gender-based analysis plus

No gender-based analysis plus impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation.

The proposed regulatory amendments would come into force on the day on which they are registered.

Stakeholders will be informed of the proposed regulatory changes through regular communication tools, such as Ship Safety Bulletins, updates on the TC website and FLAGSTATE NET. In addition, stakeholders will continue to be updated on the progress of the VCR project at CMAC meetings.

As part of this regulatory project, an inspection policy document and a Canadian inspection standard document are being developed. These documents would contain the inspection requirements that are being repealed from various regulations. Updates and descriptions of these documents have been given to stakeholders regularly at CMAC meetings. These documents would be made available on the date that the proposed amendments to the VCR go into effect.

Compliance and enforcement of these proposed amendments would be addressed nationally through periodic inspections and/or risk-based inspections. This would not require increased resources, as marine safety inspectors already enforce the requirements of the regulations during normal periodic inspections and port state control activities. Proposed consequential amendments to Part 7 of the schedule in the Administrative Monetary Penalties and Notices (CSA 2001) Regulations would be made to reflect the new structure of the proposed Regulations and to clarify the administrative monetary penalties for individual requirements in the proposed Regulations. The updated schedule would also reflect the administrative monetary penalties for requirements that were previously omitted from the VCR. The penalty amounts are consistent with those in the current schedule (up to $25,000).

Heidi Craswell Manager/Senior Policy Advisor Legislative, Regulatory and International Affairs Marine Safety and Security Transport Canada Place de Ville, Tower C 330 Sparks Street, 11th Floor Ottawa, Ontario K1A 0N5 Telephone: 343‑549‑5614 Email: [email protected]

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Vessel Safety Certificates Regulations pursuant to

  • (a) paragraph 7(1)(a) of the Canada Pension Plan footnote a ;
  • (b) section 157 footnote b of the Canada Labour Code footnote c ; and
  • (c) subsection 35(1) footnote d , sections 77 footnote e , 100 footnote f , 120 footnote g , 190 footnote h and 207 footnote i and paragraphs 244(a), (f) footnote j and (h) footnote k of the Canada Shipping Act, 2001 footnote l .

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All representations must cite the Canada Gazette , Part I, and the date of publication of this notice, and be addressed to Heidi Craswell, Manager, Legislative, Regulatory and International Affairs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5 (email: [email protected] ).

Ottawa, October 22, 2020

Julie Adair Assistant Clerk of the Privy Council

TABLE OF PROVISIONS

Vessel safety certificates regulations.

Interpretation

  • 1 Definitions
  • 2 Interpretation

Application and Prescribed Class

  • 3 Canadian vessels and foreign vessels
  • 4 Prescribed class — section 119 of the Act

PART 1

Canadian vessels, safety convention vessels.

  • 5 Application
  • 6 Safety certificate
  • 7 Issuance of safety certificate
  • 8 Exemption certificate
  • 9 Continuous synopsis record
  • 10 Responsibilities of authorized representative

Vessels that are not Safety Convention Vessels

  • 11 Application
  • 12 Safety certificate
  • 13 Issuance of safety certificate
  • 14 Inland voyage safety certificate
  • 15 Responsibilities of authorized representative
  • 16 Terms and conditions

Reports and Inspections

Part 2, foreign vessels.

  • 18 Safety Convention vessels
  • 19 Vessels that are not Safety Convention vessels

PART 3

Transitional provision, consequential and related amendments, repeals and coming into force, transitional provision.

  • 20 Certificates issued under Vessel Certificates Regulations

Consequential Amendments

Canada pension plan.

  • 21 Canada Pension Plan Regulations

Canada Labour Code

  • 22 Maritime Occupational Health and Safety Regulations

Canada Shipping Act, 2001

  • 25 Fishing Vessel Safety Regulations
  • 26 Load Line Regulations
  • 27 Marine Personnel Regulations
  • 28 Vessel Clearance Regulations
  • 32 Vessel Registration and Tonnage Regulations
  • 34 Cargo, Fumigation and Tackle Regulations
  • 35 Administrative Monetary Penalties and Notices (CSA 2001) Regulations
  • 36 Fire and Boat Drills Regulations
  • 38 Small Vessel Regulations
  • 40 Vessel Pollution and Dangerous Chemicals Regulations
  • 41 Vessel Fire Safety Regulations

Related Amendments

  • 43 Board of Steamship Inspection Scale of Fees
  • 44 Hull Construction Regulations
  • 46 Large Fishing Vessel Inspection Regulations
  • 54 Marine Machinery Regulations

Coming into Force

  • 72 Registration

SCHEDULE 1

  • PART 1 Ontario
  • PART 2 Quebec
  • PART 3 Nova Scotia
  • PART 4 New Brunswick
  • PART 5 Manitoba
  • PART 6 British Columbia
  • PART 7 Prince Edward Island
  • PART 8 Saskatchewan
  • PART 9 Newfoundland and Labrador
  • PART 10 Northwest Territories
  • PART 11 Nunavut

SCHEDULE 2

  • PART 4 British Columbia

Definitions

1 The following definitions apply in these Regulations.

  • Act means the Canada Shipping Act, 2001 . ( Loi )
  • (a) on the inland waters of Canada; or
  • (b) on the inland waters of Canada together with any part of a lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. ( voyage en eaux internes )
  • (a) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and
  • (b) from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. ( eaux internes du Canada )
  • Minister means the Minister of Transport. ( ministre )
  • (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2;
  • (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and
  • (i) north of latitude 6°N, and
  • (ii) 200 nautical miles or less from shore or above the continental shelf. ( voyage à proximité du littoral, classe 1 )
  • (a) that is not a sheltered waters voyage or an inland voyage; and
  • (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and
  • (ii) 100 nautical miles or less from a place of refuge. ( voyage à proximité du littoral, classe 2 )
  • (a) in Canada on a river above tidal waters or on a lake, where it is impossible for a vessel to be more than 2.5 nautical miles from the closest shore;
  • (b) on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or
  • (c) made by a ferry between two or more points listed in column 1 of Schedule 2 during the period specified in column 2. ( voyage en eaux abritées )
  • SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. ( SOLAS )
  • unlimited voyage means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. ( voyage illimité )

2 (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations,

  • (a) “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation;
  • (b) “Administration” is to be read as “Minister”;
  • (c) “ship” is to be read as “vessel”; and
  • (d) “survey” is to be read as “inspection”.

Inconsistency

(2) In the event of an inconsistency between a provision in SOLAS and a provision in these Regulations, the provision in these Regulations prevails to the extent of the inconsistency.

Canadian vessels and foreign vessels

3 (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

Activities relating to oil or gas

(2) These Regulations apply in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in

  • (a) section 3 of the Canada Oil and Gas Operations Act ;
  • (b) subsection 8(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act ; or
  • (c) subsection 8(1) of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

Prescribed class — section 119 of the Act

4 A Canadian vessel in respect of which this Regulation applies is of a prescribed class for the purposes of section 119 of the Act.

Application

5 This Division applies in respect of Canadian vessels that are Safety Convention vessels.

Safety certificate

6 A vessel must hold the applicable safety certificates issued in accordance with section 7 to engage on a voyage.

Issuance of safety certificate

7 (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates referred to in SOLAS to the vessel if the requirements of regulations made under Part 4 of the Act are met in respect of the following that apply to the vessel when it is engaged in its intended service:

  • (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels;
  • (b) watertight subdivision arrangements and details;
  • (c) subdivision load lines;
  • (d) structural fire protection, fire safety systems and appliances and fire control plans;
  • (e) life-saving appliances and equipment for lifeboats, life rafts and rescue boats;
  • (f) line-throwing appliances and radio installations used in life-saving appliances;
  • (g) radio installations;
  • (h) shipborne navigational equipment, means of embarkation for pilots and charts and nautical publications; and
  • (i) lights and shapes, means of making sound signals and distress signals.

Inspections and endorsement

(2) The authorized representative of a vessel that holds a safety certificate must ensure that

  • (a) the vessel undergoes all inspections required in respect of the applicable certificate under Part B of Chapter I of SOLAS; and
  • (b) if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed by the Minister, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met.

Exemption certificate

8 On application by the authorized representative of a vessel, the Minister must issue an exemption certificate to the vessel if an exemption has been granted by the Marine Technical Review Board in accordance with section 28 of the Act in respect of the requirements that must be met for the issuance of a safety certificate under section 7.

Continuous synopsis record

9 (1) On application by the authorized representative of a vessel for a continuous synopsis record referred to in Regulation 5 of Chapter XI-1 of SOLAS, the Minister must issue the record to the vessel in accordance with that Regulation.

Required information in application

(2) The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS.

Update to information

(3) If there is a change that affects the information that is contained in the continuous synopsis record, the authorized representative must, as soon as feasible,

  • (a) inform the Minister in writing of the change;
  • (b) submit a new application for an updated version of the continuous synopsis record; and
  • (c) in respect of the information referred to in Regulations 5.3.4 to 5.3.12 of Chapter XI-1 of SOLAS, amend the continuous synopsis record to reflect the change.

Prohibition from altering continuous synopsis record

(4) Subject to paragraph (3)(c), the authorized representative must ensure that the continuous synopsis record is not altered or defaced and that any information contained in it is not modified or removed.

Continuous synopsis record on board when vessel transferred

(5) The authorized representative must ensure that the continuous synopsis record is left on board when the vessel is transferred to the flag of another State, is sold or another company assumes the responsibility for its operation.

Minister informed after transfer to another State

(6) If a vessel is transferred to the flag of another State, the authorized representative must, as soon as feasible after the transfer, inform the Minister of the name of the State to allow the Minister to forward to that State a copy of each continuous synopsis record issued by the Minister to that vessel.

Responsibilities of authorized representative

10 The authorized representative of a vessel that holds a safety certificate must ensure that the following documents are kept on board:

  • (a) all safety certificates that are required by section 6;
  • (b) any document that is required to be attached to the certificates under SOLAS and the regulations made under Part 4 of the Act;
  • (c) any exemption certificate that is referred to in section 8; and
  • (d) in the case where the authorized representative has applied for an updated continuous synopsis record under paragraph 9(3)(b) and the authorized representative has not yet received the updated record, a copy of the application.

11 (1) This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels:

  • (a) vessels of 15 gross tonnage or less that carry more than 12 passengers; and
  • (b) vessels of more than 15 gross tonnage.

Non-application

(2) This Division does not apply in respect of

  • (a) pleasure craft;
  • (b) vessels to which the Special-purpose Vessel Regulations apply;
  • (c) human-powered vessels; or
  • (d) a vessel that does not have a mechanical means of propulsion and does not carry persons on board, dangerous chemicals in bulk or oil in bulk.

Definition of dangerous chemical

(3) For the purposes of paragraph (2)(d), dangerous chemical has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations .

12 A vessel must hold the applicable safety certificates issued in accordance with section 13 to engage on a voyage.

13 (1) On application by the authorized representative of a vessel, the Minister must issue a safety certificate to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

Endorsement

(2) The authorized representative of a vessel that holds a safety certificate that is valid for more than one year must ensure that

  • (i) determined by the Minister after considering the vessel’s type and size and the class of voyage on which the vessel may engage, and
  • (ii) indicated on the certificate at the time it is issued; and
  • (b) the certificate is endorsed by the Minister following the inspection to indicate that the requirements for the issuance of the certificate continue to be met.

Inland voyage safety certificate

14 (1) A vessel that holds a safety certificate for an inland voyage may also engage on a sheltered waters voyage that is within the waters described in paragraphs (a) and (b) of the definition inland voyage .

Near coastal voyage, Class 2 safety certificate

(2) A vessel that holds a safety certificate for a near coastal voyage, Class 2 may also engage on a sheltered waters voyage and an inland voyage.

Near coastal voyage, Class 1 safety certificate

(3) A vessel that holds a safety certificate for a near coastal voyage, Class 1 may also engage on

  • (a) a sheltered waters voyage;
  • (b) an inland voyage; and
  • (c) a near coastal voyage, Class 2.

Unlimited voyage safety certificate

(4) A vessel that holds a safety certificate for an unlimited voyage may also engage on

  • (b) an inland voyage;
  • (c) a near coastal voyage, Class 2; and
  • (d) a near coastal voyage, Class 1.

15 The authorized representative of a vessel that holds a safety certificate must ensure that the following documents are kept on board:

  • (a) all safety certificates that are required by section 12; and
  • (b) any document that is required to be attached to the certificates under the regulations made under Part 4 of the Act.

Terms and conditions

16 If the Minister determines that terms and conditions on a safety certificate issued to a vessel are necessary based on the vessel’s construction, equipment, stability and design criteria, the Minister may impose terms and conditions that

  • (a) restrict a vessel’s intended service; and
  • (i) wave height,
  • (ii) wind velocity,
  • (iii) current,
  • (iv) visibility,
  • (v) proximity to assistance, a place of refuge or shore,
  • (vi) navigation hazards,
  • (vii) communications coverage,
  • (viii) average depth of the water,
  • (ix) water temperature,
  • (x) air temperature,
  • (xi) maximum tide range, and
  • (xii) ice conditions.

17 (1) The authorized representative of a Canadian vessel must

  • (i) a report, in the form specified by the Minister, that specifies the measures taken to comply with the requirement, and
  • (ii) documents demonstrating the measures taken; and
  • (i) a report, in the form specified by the Minister, that describes the modification, alteration or damage and specifies the measures subsequently taken to comply with the requirements, and
  • (ii) documents demonstrating the measures taken.

Confirmation from Minister

(2) Following the submission of the documents, the authorized representative must ensure that they receive a written confirmation from the Minister that the requirements for the issuance of the certificate continue to be met.

Review and inspection

(3) In order to provide the confirmation, the Minister must review the documents provided by the authorized representative and, if the Minister determines that it is necessary, inspect the vessel.

Safety Convention vessels

18 (1) The authorized representative of a foreign vessel that is a Safety Convention vessel must

  • (i) all safety certificates that are required by SOLAS,
  • (ii) any document that is required by SOLAS to be attached to a safety certificate,
  • (iii) any exemption certificate that is referred to in Regulation 12(a)(vii) of Part B of Chapter I of SOLAS, and
  • (iv) in the case where the authorized representative has applied to its flag state for an updated continuous synopsis record and the authorized representative has not yet received the updated record, a copy of the application; and
  • (b) be able to demonstrate that the requirements for the issuance of the certificates and documents referred to in subparagraphs (a)(i) to (iii) continue to be met.

(2) The authorized representative of a foreign vessel that holds a safety certificate that is required by SOLAS must ensure that

  • (b) if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met.

Vessels that are not Safety Convention vessels

19 The authorized representative of a foreign vessel that is not a Safety Convention vessel must

  • (a) ensure that a document issued by or under the authority of the vessel’s flag state that indicates that the vessel complies with the safety requirements of its flag state is kept on board;
  • (b) be able to demonstrate that the requirements for the issuance of that document continue to be met; and
  • (c) ensure that the vessel’s design, construction and equipment meet a level of safety that is equivalent to or higher than that required by regulations made under Part 4 of the Act for Canadian vessels that are of a similar size and type.

Certificates issued under Vessel Certificates Regulations

20 A certificate issued under the Vessel Certificates Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under the provisions of these Regulations.

21 Paragraph (d) of the definition inland voyage in subsection 18(4) of the Canada Pension Plan Regulations footnote 9 is replaced by the following:

  • (d) any sheltered waters on the coasts of Canada that are described in Schedule 1 to the Vessel Safety Certificates Regulations . ( voyage en eaux internes )

22 The definitions inland voyage , inland waters of Canada , near coastal voyage, Class 1 and unlimited voyage in section 1 of the Maritime Occupational Health and Safety Regulations footnote 10 are replaced by the following:

  • inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage en eaux internes )
  • inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( eaux internes du Canada )
  • near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage à proximité du littoral, classe 1 )
  • unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage illimité )

23 Section 19 of the Regulations is amended by adding the following after subsection (3):

(3.1) For the purposes of subsection (3), an inland voyage includes a sheltered waters voyage as defined in section 1 of the Vessel Safety Certificates Regulations if the voyage is within the waters described in paragraph (a) or (b) of the definition inland voyage .

24 Subparagraph 154(1)(c)(i) of the Regulations is repealed.

25 (1) The definitions near coastal voyage, Class 1 , near coastal voyage, Class 2 , sheltered waters voyage and unlimited voyage in subsection 3.01(1) of the Fishing Vessel Safety Regulations footnote 11 are replaced by the following:

  • near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage à proximité du littoral, classe 2 )
  • sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage en eaux abritées )

(2) Subsection 3.01(1) of the Regulations is amended by adding the following in alphabetical order:

(3) Section 3.01 of the Regulations is amended by adding the following after subsection (1):

Near coastal voyage, Class 2

(1.1) For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:

  • (a) subsection 3.25(1); and
  • (b) subparagraphs 2(b)(ii), 3(b)(ii), 4(b)(ii) and 5(b)(ii) of the table to subsection 3.27(1).

Near coastal voyage, Class 2, restricted to 2 nautical miles

(1.2) For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.

26 The definitions inland voyage , inland waters of Canada and sheltered waters voyage in subsection 1(1) of the Load Line Regulations footnote 12 are replaced by the following:

27 The definitions inland voyage , inland waters of Canada , near coastal voyage, Class 1 , near coastal voyage, Class 2 , sheltered waters voyage and unlimited voyage in subsection 1(1) of the Marine Personnel Regulations footnote 13 are replaced by the following:

  • (a) that is not a sheltered waters voyage or a near coastal voyage, Class 2;
  • (a) that is not a sheltered waters voyage; and
  • unlimited voyage means a voyage that is not a sheltered waters voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. ( voyage illimité )

28 The definitions inland voyage and inland waters of Canada in section 1 of the Vessel Clearance Regulations footnote 14 are replaced by the following:

29 Subsection 2(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

30 Subsection 3(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

31 The portion of subsection 4(5) of the Regulations before paragraph (a) is replaced by the following:

(5) For the purposes of section 214 of the Act, a safety certificate issued under section 13 of the Vessel Safety Certificates Regulations is required in respect of a Canadian vessel that

32 Subparagraph 1.1(1)(d)(i) of the Vessel Registration and Tonnage Regulations footnote 15 is replaced by the following:

  • (i) are not required to hold a safety certificate under section 12 of the Vessel Safety Certificates Regulations , and

33 (1) Paragraph 8(2)(b) of the Regulations is replaced by the following:

  • (b) the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under section 7 of the Vessel Safety Certificates Regulations ; or

(2) Paragraph 8(3)(b) of the Regulations is replaced by the following:

34 The definitions inland voyage , inland waters of Canada , near coastal voyage, Class 2 and sheltered waters voyage in subsection 100(1) of the Cargo, Fumigation and Tackle Regulations footnote 16 are replaced by the following:

35 Part 7 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations footnote 17 is replaced by the following:

Violations of the Vessel Safety Certificates Regulations

PART 7

36 The definitions near coastal voyage, Class 1 , sheltered waters voyage and unlimited voyage in section 1 of the Fire and Boat Drills Regulations footnote 18 are replaced by the following:

37 Paragraph 2(1)(b) of the Regulations is replaced by the following:

  • (b) are required to hold a safety certificate under section 12 of the Vessel Safety Certificates Regulations .

38 Subsection 411(4) of the Small Vessel Regulations footnote 19 is replaced by the following:

(4) For the purposes of subsections (2) and (3), near coastal voyage, Class 2 and sheltered waters voyage have the same meaning as in section 1 of the Vessel Safety Certificates Regulations .

39 Subsection 509(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations .

40 The definition inland waters of Canada in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations footnote 20 is replaced by the following:

  • inland waters of Canada , except in Division 4 of Part 2, has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( eaux internes du Canada )

41 The definition sheltered waters voyage in subsection 1(1) of the Vessel Fire Safety Regulations footnote 21 is replaced by the following:

42 (1) The definitions near coastal voyage, Class 1 , near coastal voyage, Class 2 and unlimited voyage in section 100 of the Regulations are replaced by the following:

(2) Section 100 of the Regulations is amended by adding the following in alphabetical order:

(3) Section 100 of the Regulations is renumbered as subsection 100(1) and is amended by adding the following:

(2) For the purposes of this Part, a reference to “near coastal voyage, Class 2” must be read as including a reference to “inland voyage”.

43 (1) Paragraph 11(1)(b) of the Board of Steamship Inspection Scale of Fees footnote 22 is replaced by the following:

  • (b) where the ship is a non-passenger ship having a gross tonnage set out in column I of an item of Table II to this section, the fee set out in column II of that item.

(2) Paragraph 11(2)(b) of the Regulations is replaced by the following:

  • (b) for a non-passenger ship having a gross tonnage set out in column I of an item of Table II to this section, twice the fee set out in column II of that item.

44 Section 7 of the Hull Construction Regulations footnote 23 is replaced by the following:

7 The structural strength of every ship to which these Regulations apply shall be sufficient for the service for which the ship is intended.

45 Section 85 of the Regulations and the heading before it are repealed.

46 Section 6 of the Large Fishing Vessel Inspection Regulations footnote 24 is replaced by the following:

6 Sections 10 to 13.1, subsections 15(12) to (12.2) and (15) and sections 19.1, 22.1 and 24 to 27 apply in respect of every existing fishing vessel over 24.4 m in length or 150 tons, gross tonnage, that is not a sailing ship.

47 Section 8 of the Regulations and the heading before it are repealed.

48 Subsections 12(3) to (11) of the Regulations are repealed.

49 Subsections 13(2), (7) and (8) of the Regulations are repealed.

50 Subsection 13.1(1.1) of the Regulations is repealed.

51 Section 18 of the Regulations and the heading before it are repealed.

52 The heading before section 29 and sections 29 to 42 of the Regulations are repealed.

53 Schedules I, III and V to the Regulations are repealed.

54 The definitions component inspection certificate , harmful substance , inspection certificate , inspector , local steering gear control system , material test certificate , periodic general inspection , periodic special inspection , pressure vessel , and shipside door-operating mechanism in subsection 2(1) of the Marine Machinery Regulations footnote 25 are repealed.

55 The heading before section 6 and sections 6 to 25 of the Regulations are repealed.

56 Parts II to IV of Schedule I to the Regulations are repealed.

57 Parts II to IV of Schedule II to the Regulations are repealed.

58 Parts II to IV of Schedule III to the Regulations are repealed.

59 Parts II to IV of Schedule IV to the Regulations are repealed.

60 Parts II to IV of Schedule V to the Regulations are repealed.

61 Parts II to IV of Schedule VI to the Regulations are repealed.

62 Parts II to IV of Schedule VII to the Regulations are repealed.

63 Parts II to IV of Schedule VIII to the Regulations are repealed.

64 Parts II to IV of Schedule IX to the Regulations are repealed.

65 Parts II to IV of Schedule X to the Regulations are repealed.

66 Parts II to IV of Schedule XI to the Regulations are repealed.

67 Parts II to IV of Schedule XII to the Regulations are repealed.

68 Parts II to IV of Schedule XIII to the Regulations are repealed.

69 Parts II to IV of Schedule XIV to the Regulations are repealed.

70 Parts II to IV of Schedule XV to the Regulations are repealed.

71 The following regulations are repealed:

  • (a) the Hull Inspection Regulations footnote 26 ;
  • (b) the Classed Ships Inspection Regulations, 1988 footnote 27 ; and
  • (c) the Vessel Certificates Regulations footnote 28 .

Registration

72 These Regulations come into force on the day on which they are registered.

(Section 1)

Sheltered Waters Voyages — Waters

Part 4, part 5, part 6, part 8, part 9, part 10, part 11, sheltered waters voyages made by a ferry.

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Navigation Safety Regulations, 2020 ( SOR /2020-216)

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Regulations are current to 2024-02-20 and last amended on 2023-12-20. Previous Versions

Navigation Safety Regulations, 2020

SOR /2020-216

CANADA SHIPPING ACT, 2001

CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

CANADA OIL AND GAS OPERATIONS ACT

Registration 2020-10-06

P.C. 2020-768 2020-10-02

Whereas the annexed Navigation Safety Regulations, 2020 establish additional or complementary standards to those set out in the International Convention for the Safety of Life At Sea of 1974 and the Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974, and the Governor in Council is satisfied that those standards meet the objectives of the Convention and Protocol;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than sections 425 to 427 and on the recommendation of the Minister of Natural Resources with respect to sections 425 to 427, makes the annexed Navigation Safety Regulations, 2020 pursuant to

(a)  subsection 149(1) Footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Footnote b ;

(b)  subsection 153(1) Footnote c of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Footnote d ;

(c)  subsection 14(1) Footnote e of the Canada Oil and Gas Operations Act Footnote f ; and

(d)  subsections 7(2), 35(1) Footnote g , 35.1(1) Footnote h , 120(1) Footnote i , 120(2), 136(1) Footnote j , 207(1) Footnote k and 274(2) of the Canada Shipping Act, 2001 Footnote l .

Return to footnote a S.C. 2015, c. 4, ss. 54(1) to (4)

Return to footnote b S.C. 1987, c. 3; S.C. 2014, c. 13, s. 3

Return to footnote c S.C. 2015, c. 4, ss. 90(1) to (3)

Return to footnote d S.C. 1988, c. 28

Return to footnote e S.C. 2019, c. 28, para.142(2)(u)

Return to footnote f R.S., c. O-7; S.C. 1992, c. 35, s. 2

Return to footnote g S.C. 2019, c. 1, s. 141

Return to footnote h S.C. 2018, c. 27, s. 692

Return to footnote i S.C. 2018, c. 27, s. 694

Return to footnote j S.C. 2005, c. 29, s. 18

Return to footnote k S.C. 2015, c. 3, s. 24

Return to footnote l S.C. 2001, c. 26

Interpretation

Marginal note: Definitions

1  The following definitions apply in these Regulations.

Act  means the Canada Shipping Act, 2001 . ( Loi )

AIS  means an automatic identification system. ( AIS )

competent authority  means

(a)  a government that is a party to the Safety Convention;

(b)  a society or association for the classification and registry of vessels recognized by a government referred to in paragraph (a); or

(c)  a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets applicable standards specified in these Regulations. ( autorité compétente )

ECDIS  means an electronic chart display and information system. ( SVCEI )

fishing vessel  means a vessel engaged in commercial fishing. ( bâtiment de pêche )

floating plant  includes any type of manned barge, scow or similar watercraft that is used for river or harbour improvements, salvage, scientific work, cargo handling, exploration or exploitation of mineral resources, or other similar operations. ( installation flottante )

GNSS receiver  means a receiver for a global navigation satellite system. ( récepteur GNSS )

Great Lakes Basin  means the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montreal in Quebec. ( bassin des Grands Lacs )

IEC  means the International Electrotechnical Commission. ( CEI )

IMO  means the International Maritime Organization. ( OMI )

inland voyage  has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage en eaux internes )

international voyage  means a voyage between a port in one country and a port in another country, but does not include a voyage solely in the Great Lakes Basin. ( voyage international )

length  in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. ( longueur )

Minister  means the Minister of Transport. ( ministre ) 

nautical mile  means the international nautical mile of 1 852 m. ( mille marin )

navigational warning  means an urgent release broadcast or publication by the Canadian Coast Guard to provide marine information. ( avertissement de navigation )

near coastal voyage, Class 1  has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage à proximité du littoral, classe 1 )

near coastal voyage, Class 2  has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage à proximité du littoral, classe 2 )

Notices to Mariners  means notices published by the Canadian Coast Guard to provide marine information, and corrections and updates to nautical charts and publications. ( Avis aux navigateurs )

passenger vessel  means a vessel that carries more than 12 passengers. ( bâtiment à passagers )

person in charge of the deck watch  means a person who has immediate charge of the navigation, manoeuvring or operation of a vessel, but does not include a pilot. ( officier de quart à la passerelle )

routing system  has the same meaning as in subsection 1(1) of the Collision Regulations . ( système d’organisation du trafic )

Safety Convention  means the International Convention for the Safety of Life at Sea 1974 listed in Schedule 1 of the Act. ( Convention sur la sécurité )

sheltered waters voyage  has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage en eaux abritées )

SOLAS  means the Safety Convention and the Protocol of 1988 relating to that Convention. ( SOLAS )

towboat  means a vessel that is engaged in a towing operation. ( bâtiment remorqueur )

towing operation  means the activity of pulling another vessel or a floating object astern or alongside or pushing another vessel or a floating object ahead. ( opération de remorquage )

unlimited voyage  has the same meaning as in section 1 of the Vessel Safety Certificates Regulations . ( voyage illimité )

  • SOR/2021-135, s. 46

Marginal note: Composite unit

2   (1)  For the purposes of these Regulations, a composite unit of a pushing vessel and a pushed vessel that are rigidly connected and designed as a dedicated and integrated tug-and-barge combination is considered to be a single vessel that is not a towboat, the length and gross tonnage of which is the aggregate length and gross tonnage of the two vessels composing the unit.

Marginal note: Documents — amended from time to time

(2)  Any reference in the Regulations to a document is a reference to the document as amended from time to time, except when the reference is to the document as it read on a specified date.

Marginal note: Incorporated documents — meaning of “should”

(3)  For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are to be considered mandatory.

Marginal note: Incorporated documents — meaning of “ship”

(4)  For the purpose of interpreting a document incorporated by reference into these Regulations, “ship” is to be read as “vessel”.

Marginal note: Incorporated documents — exclusion of certain expressions

(5)  A document incorporated by reference into these Regulations is to be read without reference to the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “or other means”, “satisfactory to the Administration” and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.

Marginal note: Interpretation — vessel date of construction

(6)  For the purposes of these Regulations, the date of construction of a vessel is the earliest of the dates on which

(a)  its keel is laid,

(b)  construction of the vessel begins, and

(c)  the assembly of the vessel has reached the lesser of 50 tonnes and 1% of the estimated mass of all structural material of the vessel.

Marginal note: Definition of vessel under the Act

3  For the purposes of these Regulations, barges that are not self-propelled are prescribed as a class of floating object that is excluded from the definition of vessel in section 2 of the Act.

General Requirements

Marginal note: Compliance

4  Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.

Marginal note: General requirement

5   (1)  Unless under force majeure or to save life or property, the master of a vessel must ensure that the vessel does not engage on a voyage unless it is fitted with the equipment required under these Regulations.

Marginal note: Effective operating condition

(2)  The master and authorized representative of a vessel must take all reasonable steps to ensure that all equipment required under these Regulations is installed, tested and maintained in a manner that ensures it is in effective operating condition.

Marginal note: Effective operating condition — restoration

(3)  If any equipment required by these Regulations ceases to be in effective operating condition, the master of the vessel must, as soon as possible, restore the equipment to an effective operating condition.

Marginal note: Voyage to repair facilities

(4)  If the vessel is in a port where repair facilities to restore the equipment to an effective operating condition are not readily available, the master must plan and execute a safe voyage to a port where such facilities are readily available, taking into account the fact that the equipment is not in effective operating condition.

Marginal note: Section 112 of the Act — shore station

6   (1)  For the purposes of section 112 of the Act, the authority on shore that must be notified of a direct danger to navigation is the shore station for the area in which the vessel is navigating.

Marginal note: Procedures for giving notice to vessels

(2)  A master who gives notice under section 112 of the Act to all vessels in the vicinity and the shore station must give the notice in accordance with the danger message reporting procedures set out in Section A5, entitled Navigation Safety, of the annual edition of Notices to Mariners.

[ 7 to 99 reserved]

PART 1 Marine Navigation

Application.

Marginal note: Application

100   (1)  This Part applies in respect of the following vessels:

(a)  Canadian vessels everywhere; and

(b)  vessels that are not Canadian vessels and that are in Canadian waters.

Marginal note: Activities related to oil or gas

(2)  This Part applies in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in

(a)  section 3 of the Canada Oil and Gas Operations Act ;

(b)  subsection 8(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act ; or

(c)  subsection 8(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act .

DIVISION 1 Maintenance and Standards

Marginal note: Standards

101   (1)  Every type of equipment referred to in column 1 of Schedule 1 with which a vessel of 150 gross tonnage or more is fitted to comply with this Part and every AIS that is fitted on a vessel to which this Part applies must be type approved by a competent authority as meeting the following standards:

(a)  the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids ;

(b)  the testing standards set out in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results ; and

(c)  every standard set out in columns 2 to 4 of Schedule 1 for the equipment or AIS.

Marginal note: Exception — equivalent standard

(2)  The equipment and the AIS may be of a type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) instead of the standards referred to in that paragraph.

Marginal note: Type approval

(3)  The type approval must be evidenced by a label or a document issued by the competent authority.

Marginal note: Placement of document or label

(4)  The type approval must be

(a)  if it is evidenced by a label, securely affixed to the equipment in a readily visible location; and

(b)  if it is evidenced by a document, kept in a readily accessible location on board the vessel.

Marginal note: English or French translation

(5)  If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

Marginal note: Equipment that is not required

(6)  Subsections (1) to (5) apply in respect of equipment that is fitted on a vessel even if the equipment is not required to be fitted on the vessel under this Part, if

(a)  performance standards for that equipment are specified in Schedule 1;

(b)  the vessel is of 500 gross tonnage or more and engaged on a voyage other than a sheltered waters voyage;

(c)  the vessel is not a fishing vessel; and

(d)  the equipment was fitted on or after July 1, 2002.

Marginal note: Grandfathering

(7)  Paragraphs (1)(b) and (c) and subsections (2) to (4) do not apply to equipment referred to in column 1 of Schedule 2 that was fitted before July 1, 2002, if the equipment is of a type approved by a competent authority as meeting the following standards:

(a)  the performance standards set out in the Annex to IMO resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids ; and

(b)  the standards set out in column 2 of Schedule 2 for that equipment.

Marginal note: Maintenance record

102   (1)  Every Canadian vessel of 150 gross tonnage or more that is engaged on an international voyage and every Canadian vessel of 500 gross tonnage or more must keep on board a maintenance record for the equipment required under this Part that shows all periodic testing and servicing, all defects, repairs and parts replacements and the dates and locations of each event and the personnel involved.

Marginal note: Manuals

(2)  Every vessel must keep on board the manufacturer’s operating and maintenance manuals for the equipment that it must be fitted with under this Part.

Marginal note: Spare parts

(3)  Every vessel that is engaged on a voyage other than a sheltered waters voyage must carry the spare parts recommended by the manufacturer or by the operating or maintenance manuals for the equipment that it must be fitted with under this Part.

DIVISION 2 Equipment Required for Vessels Subject to Chapter V of SOLAS

103   (1)  This Division applies in respect of the following vessels:

(a)  Canadian vessels of 150 gross tonnage or more but less than 500 gross tonnage that are engaged on an international voyage;

(b)  Canadian vessels of 500 gross tonnage or more; and

(c)  foreign vessels that are subject to Chapter V of SOLAS.

Marginal note: Application — exceptions

(2)  Despite subsection (1), this Division does not apply in respect of the following Canadian vessels:

(a)  fishing vessels;

(b)  cable ferries;

(c)  pleasure crafts; or

(d)  vessels operating exclusively in the waters of the Great Lakes, their connecting and tributary waters, and the waters of the St. Lawrence River as far seaward as a straight line drawn

(i)  from Cap-des-Rosiers to Pointe Ouest, Anticosti Island, and

(ii)  from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63° W.

104   (1)  Subject to subsections (2) to (5), an authorized representative of a vessel must ensure that the following requirements are met in respect of the vessel:

(a)  for a Canadian vessel, the requirements set out in Regulations 15 to 19 and 20 to 35 of Chapter V of SOLAS, except the requirements of Regulation 19.2.4; and

(b)  for a foreign vessel, the requirements set out in Chapter V of SOLAS.

Marginal note: Regulation 18 of Chapter V of SOLAS — type approval

(2)  For the purposes of this section, the words “type approved by the Administration” used in Regulation 18 of Chapter V of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

Marginal note: Exception — Regulation 18.9 of Chapter V of SOLAS

(3)  A Canadian vessel of 500 gross tonnage or more must comply with Regulation 18.9 of Chapter V of SOLAS only if it is engaged on an international voyage.

Marginal note: Exception — Regulation 19.2.2.3 of Chapter V of SOLAS

(4)  The requirements set out in Regulation 19.2.2.3 of Chapter V of SOLAS do not apply

(a)  to a ferry that engages solely on voyages of less than five nautical miles; and

(b)  until January 1, 2022, to a vessel other than a vessel referred to in paragraph (a), if the vessel engages solely on voyages that are not international voyages.

Marginal note: Exception — Regulation 19.2.7.1 of Chapter V of SOLAS

(5)  For the purposes of this section, Regulation 19.2.7.1 of Chapter V of SOLAS must be read without reference to “or, where considered appropriate by the Administration, a second 9 GHz radar”.

DIVISION 3 Equipment Required for Vessels Not Subject to Chapter V of SOLAS

Marginal note: Non-application

105  This Division does not apply in respect of the following vessels:

(a)  a vessel that is subject to the requirements of Division 2 of this Part;

(b)  a vessel constructed before July 1, 2002 that meets the requirements set out in Part 2 of the Navigation Safety Regulations as they read on the day before the day on which this section came into force and, if the vessel is of 150 gross tonnage or more and is fitted with equipment referred to in column 1 of Schedule 2 of these Regulations before July 1, 2002, whose equipment is of a type approved by a competent authority as meeting

(i)  the performance standards set out in the Annex to IMO resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids ,

(ii)  the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids , and

(iii)  the standards set out in column 2 of Schedule 2 for that equipment; and

(c)  a foreign vessel that is a fishing vessel and that has on board documentation issued by the government of the state whose flag the vessel is entitled to fly certifying that the vessel meets the requirements set out in Chapter X of Annex 25 to IMO document MSC 92/26/Add.2, International Regulations for the Safety of Fishing Vessels relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977.

Marginal note: Standard magnetic compasses

106   (1)  Every vessel, except the following vessels, must be fitted with a standard magnetic compass, independent of any power supply, that can be used to determine the vessel’s heading and to display the reading at the main steering position:

(a)  vessels that are 8 m or less in length and navigate within sight of navigation marks; and

(b)  cable ferries.

Marginal note: Exception — vessels less than 150 gross tonnage

(2)  Despite subsection (1), a vessel of less than 150 gross tonnage may be fitted with

(a)  a steering magnetic compass if the vessel is not engaged on an international voyage; or

(b)  a steering magnetic compass and a gyro-compass if the vessel is engaged on an international voyage.

Marginal note: Exception — vessels from 150 to 500 gross tonnage

(3)  Despite subsection (1), a vessel that is of 150 gross tonnage or more but less than 500 gross tonnage may be fitted with

(a)  if the vessel is engaged on a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2 and if the voyage is not an international voyage, a steering magnetic compass; and

(b)  if the vessel is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage, a steering magnetic compass and a gyro-compass.

Marginal note: Compensation

(4)  Every magnetic compass must be properly compensated and its table or curve of residual deviations must be available on board in the vicinity of the compass.

Marginal note: Means of correction

(5)  Every vessel that is fitted with a magnetic compass, except pleasure crafts of less than 150 gross tonnage, must be fitted with a means of correcting heading and bearings to true at all times.

Marginal note: Means of communication

(6)  Every vessel that is fitted with a standard magnetic compass must be fitted with a means of communication between the standard magnetic compass position and the position from which the vessel is normally navigated.

  • SOR/2021-135, s. 47

Marginal note: Sound reception systems

107  Every vessel that has a totally enclosed bridge must be fitted with a sound-reception system that can be used to enable the person in charge of the deck watch to hear sound signals and determine their direction.

Marginal note: Means of communicating

108  Every vessel with an emergency steering position must be fitted with a two-way voice communication system that can be used to communicate heading information to that position.

Marginal note: Vessels of 150 gross tonnage or more

109   (1)  Every vessel of 150 gross tonnage or more must be fitted with the following equipment:

(a)  a GNSS receiver referred to in item 8, column 1, of Schedule 1 that can be used at all times throughout the intended voyage to establish and update the vessel’s position by electronic means;

(b)  a pelorus or compass bearing device, independent of any power supply, to take bearings over an arc of the horizon of 360°, if the vessel is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage;

(c)  a spare magnetic compass that is interchangeable with the magnetic compass referred to in section 106; and

(d)  a daylight signalling lamp to communicate by light signals during the day and during the night using a source of electrical energy not solely dependent on the vessel’s main power supply, if the vessel is engaged on an international voyage.

Marginal note: Exception

(2)  Despite paragraph (1)(a), a vessel may be fitted with a GNSS receiver that is not referred to in item 8, column 1, of Schedule 1, if

(a)  the receiver provides a level of safety that is equivalent to or higher than that of the receivers set out in item 8, column 1, of Schedule 1;

(b)  there are IMO performance standards and IEC test standards that apply to the receiver; and

(c)  the receiver has been type approved by a competent authority as meeting those standards.

Marginal note: Vessels of 300 gross tonnage or more

110  Every vessel of 300 gross tonnage or more must be fitted with the following equipment:

(a)  echo-sounding equipment to measure and display the available depth of water;

(b)  a 9-GHz radar to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;

(c)  unless it is engaged on a sheltered waters voyage, a speed-and-distance measuring device to indicate speed and distance travelled through the water; and

(d)  if the vessel is less than 500 gross tonnage,

(i)  an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets and that is connected to a device to indicate speed and distance travelled through the water, and

(ii)  a transmitting heading device or a gyro-compass to transmit heading information for input to the equipment referred to in subparagraph (i) and paragraph (b).

Marginal note: Vessels of 500 gross tonnage or more

111  Every vessel of 500 gross tonnage or more must be fitted with the following equipment:

(a)  rudder, propeller, thrust, pitch and operational mode indicators, or other means that can be used to determine and display, in a manner readable from the conning position, the rudder angle, propeller revolutions, the force and direction of thrust and, if applicable, the force and direction of lateral thrust and the pitch and operational mode of the propellers;

(b)  an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets and that is connected to a device to indicate speed and distance travelled through the water; and

(c)  in the case of a vessel engaged on a voyage other than a sheltered waters voyage,

(i)  a gyro-compass to determine and display its heading by shipborne non-magnetic means and to transmit heading information for input to the equipment referred to in paragraphs (b) and 110(b) and, if applicable, paragraph 113(a),

(ii)  a gyro-compass heading repeater to visually supply heading information at the emergency steering position, if such a position is on board,

(iii)  a gyro-compass bearing repeater to take bearings over an arc of the horizon of 360º using the gyro-compass referred to in subparagraph (i) or, in the case of a vessel of less than 1 600 gross tonnage, as close as possible to 360º, and

(iv)  a daylight signalling lamp to communicate by light signals during the day and during the night using a source of electrical energy that is not solely dependent on the vessel’s main power supply.

Marginal note: Vessels of 3 000 gross tonnage or more

112  Every vessel of 3 000 gross tonnage or more must be fitted with the following equipment:

(a)  in addition to and functionally independent of the radar referred to in paragraph 110(b), a 3-GHz or 9-GHz radar that can be used to determine and display the range and bearing of other surface craft, obstructions, buoys, shorelines and navigational marks; and

(b)  if the vessel is less than 10 000 gross tonnage, in addition to and functionally independent of the automatic tracking aid or automatic radar plotting aid referred to in paragraph 111(b), an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk, or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets that is connected to a device to indicate speed and distance travelled through the water.

Marginal note: Vessels of 10 000 gross tonnage or more

113  Every vessel of 10 000 gross tonnage or more must be fitted with the following equipment:

(a)  in addition to and functionally independent of the aids required under paragraph 111(b), an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets that is connected to a device to indicate speed and distance travelled through the water; and

(b)  if the vessel is engaged on a voyage other than a sheltered waters voyage, a heading or track control system to automatically control, and keep to, a heading or straight track.

Marginal note: Vessels of 50 000 gross tonnage or more

114  Every vessel of 50 000 gross tonnage or more must be fitted with the following equipment:

(a)  a rate-of-turn indicator to determine and display the rate of turn; and

(b)  in addition to the device required by paragraph 110(c), a speed-and-distance measuring device to indicate the speed and distance over the ground in the forward and athwartships direction.

DIVISION 4 Additional Equipment

Marginal note: Voyage data recorder — vessel constructed after 2011

115   (1)  A Canadian vessel that is not engaged on an international voyage must be fitted with a voyage data recorder (VDR) if the vessel was constructed on or after January 1, 2012 and is

(a)  a passenger vessel of 500 gross tonnage or more; or

(b)  a vessel of 3 000 gross tonnage or more that does not engage solely on voyages in the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far seaward as a straight line drawn

Marginal note: Voyage data recorder — vessel constructed before 2012

(2)  A Canadian vessel that is not engaged on an international voyage must be fitted with a VDR or a simplified voyage data recorder (S-VDR) if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

Marginal note: Exceptions

(3)  Subsections (1) and (2) do not apply in respect of

(a)  pleasure craft;

(b)  fishing vessels; and

(c)  passenger vessels, other than ferries, that are engaged solely on sheltered waters voyages and operate during fewer than six months in a year.

Marginal note: Voyage data recorder — performance tests

116   (1)  On installation of a voyage data recorder (VDR) or a simplified voyage data recorder (S-VDR) on a vessel, and each subsequent year after the date of installation, a performance test must be carried out in accordance with paragraph 2 and the Appendix to the Annex to IMO circular MSC.1/Circ.1222, Guidelines on Annual Testing of Voyage Data Recorders (VDR) and Simplified Voyage Data Recorders (S-VDR) by the manufacturer or a person authorized by the manufacturer.

Marginal note: Subsection 13(1) of Vessel Safety Certificates Regulations

(2)  In the case of a vessel that is required under section 115 to be fitted with a VDR, the annual performance test referred to in subsection (1) may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 13(1) of the Vessel Safety Certificates Regulations if the period between tests does not exceed

(a)  15 months, in the case of a passenger vessel; and

(b)  18 months, in the case of any other vessel.

Marginal note: Performance test certificate

(3)  A copy of the most recent annual performance test certificate delivered by the person who completed the performance test must be kept on board the vessel.

Marginal note: Language of certificates

(4)  If an annual performance test certificate is written in a language other than English or French, it must be accompanied by an English or French translation.

  • SOR/2021-135, s. 48

Marginal note: ECDIS

117  The following Canadian vessels, except cable ferries and pleasure crafts, that are constructed on or after the day on which this section comes into force must be fitted with an ECDIS:

(a)  passenger vessels of 500 gross tonnage or more; and

(b)  all other vessels of 3 000 gross tonnage or more.

Marginal note: AIS Class A

118   (1)  The following vessels must be fitted with an AIS Class A:

(a)  vessels that are 20 m or more in length, other than pleasure crafts;

(b)  vessels that carry more than 50 passengers;

(c)  vessels transporting substances, materials or articles to which the International Maritime Dangerous Goods Code , published by the IMO, applies;

(d)  vessels carrying pollutants , as defined in section 165 of the Act, in bulk;

(e)  dredges or floating plants that are located in any place where they constitute a collision hazard to other vessels; and

(f)  towboats that are 8 m or more in length.

Marginal note: AIS Class A or B

(2)  Every vessel, other than a vessel referred to in subsection (1), that is engaged on a voyage other than a sheltered waters voyage must be fitted with an AIS Class A or an AIS Class B if

(a)  it is a passenger vessel; or

(b)  the vessel is 8 m or more in length and carries a passenger.

Marginal note: Graphic display

(3)  Every vessel referred to in subsection (1) must be fitted with a means of displaying graphically the relative ranges and bearings received by the AIS.

Marginal note: Transmitting heading device or gyro-compass

(4)  If an AIS Class A is fitted on a vessel and if the vessel is also fitted with a transmitting heading device or with a gyro-compass, they must be connected for transmitting heading information to the AIS.

Marginal note: Period of operation

(5)  Every vessel referred to in subsections (1) and (2) must keep the AIS in operation for at least 30 minutes immediately before departure and for the entire duration of the voyage.

Marginal note: Exceptions — period of operation

(6)  Subsection (5) does not apply

(a)  where international agreements, rules or standards provide for the protection of navigational information; or

(b)  in respect of vessels, other than vessels operated for a commercial purpose, owned or operated by Her Majesty in right of Canada or by a foreign government that is a party to SOLAS.

Marginal note: Pilot transfer

119  Every vessel that is engaged on a voyage that will likely require the services of a licensed pilot must meet the requirements respecting pilot transfer equipment and arrangements set out in Section B, entitled Pilotage Services in Canadian Waters, of the annual edition of Notices to Mariners.

Marginal note: Internal communication system

120   (1)  Every Canadian vessel of 300 gross tonnage or more must be fitted with a two-way voice communication system.

Marginal note: System usage requirements

(2)  The system must be capable of being used between any two of the following locations, in a normal ambient noise condition for each location:

(a)  at the principal conning position;

(b)  at working stations, including the mooring positions;

(c)  at a position close to the main engine controls in the engine room;

(d)  at the emergency steering position; and

(e)  in the master’s accommodation and the chief engineer’s accommodation.

Marginal note: Independent energy source

(3)  The system must be capable of operating independently of the vessel’s main source of electrical energy for at least 12 hours.

Marginal note: Searchlights

121   (1)  The following vessels must be fitted with two searchlights:

(a)  vessels that are designed and constructed to engage in towing operations, of more than 5 gross tonnage, except vessels that engage in towing operations only to salvage logs;

(b)  fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed on or after September 1, 1984; and

(c)  Canadian vessels of more than 150 gross tonnage that are navigating in ice that might cause substantial damage to the vessel.

Marginal note: Fishing vessels constructed before September 1, 1984

(2)  Fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed before September 1, 1984 must be fitted with at least one searchlight.

Marginal note: Scope of lighting

(3)  The searchlights required under subsection (1) must be mounted securely and in a manner that will allow their beams, when combined, to sweep an arc of 360° around the vessel.

Marginal note: Exclusive electrical circuit

(4)  Each searchlight required under subsection (1) or (2) must be provided with an exclusive electrical circuit connected to the main or emergency switchboard.

(5)  A vessel must carry on board, for each searchlight required under subsection (1) or (2), two spare bulbs and any spare electrical equipment that might be required under normal service conditions except if

(a)  the searchlight is a light emitting diode (LED) searchlight; or

(b)  the vessel has two identical searchlights and carries on board two spare bulbs and any spare electrical equipment for one of those searchlights instead of for each searchlight.

Marginal note: Signal flags

122  Every Canadian vessel of more than 150 gross tonnage that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must carry on board the set of signal flags illustrated in Appendix 2 of the International Code of Signals , published by the IMO, of a size suitable for signalling.

Marginal note: Hand lead lines

123   (1)  Every vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage must be equipped with one hand lead line.

Marginal note: Requirements

(2)  The hand lead line must

(a)  be 46 m or more in length;

(b)  be clearly and accurately marked to indicate the depth of water; and

(c)  have a lead that weighs at least 3.2 kg and is capable of being armed.

Marginal note: Manoeuvring information — IMO resolution A.601(15)

124   (1)  A vessel must establish and display manoeuvring information in accordance with sections 1.2 and 3 of the Annex and the appendices to the Annex to IMO resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships before the vessel enters into service and must keep that information on board, if

(a)  it is of 1 600 gross tonnage or more and was constructed on or after March 1, 2001;

(b)  it is a chemical carrier or gas carrier that was constructed on or after March 1, 2001; or

(c)  it is a Safety Convention vessel.

(2)  The following definitions apply in paragraph (1)(b).

chemical carrier  means a vessel that is constructed or adapted for the carriage of dangerous chemicals and that is is engaged in the carriage of those chemicals. ( transporteur de produits chimiques )

gas carrier  means a cargo vessel that was constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk , published by the IMO, and that is engaged in the carriage of those products. ( transporteur de gaz )

Marginal note: Modification or conversion of vessel

(3)  If a vessel is modified or converted such that its dimensions or other characteristics are altered in a way affecting the manoeuvring capability of the vessel, the manoeuvring information referred to in subsection (1) must be updated.

(4)  If it is not practicable to establish the manoeuvring information required by subsection (1) in its final form before the vessel enters into service, the information must be

(a)  established in a preliminary form before the vessel enters into service;

(b)  established in its final form as soon as circumstances permit after the vessel enters into service; and

(c)  verified in its final form within 18 months after the vessel enters into service.

Marginal note: Manoeuvring information — IMO resolution A.209(VII)

(5)  Every vessel of 1 600 gross tonnage or more that was constructed before March 1, 2001, other than a Safety Convention vessel, must establish and display manoeuvring information as set out in the Annex to IMO resolution A.209(VII), Recommendation on Information to Be Included in the Manoeuvring Booklets and must keep the manoeuvring information on board.

Marginal note: Canadian towboats — radar

125   (1)  A Canadian vessel that is a towboat must be fitted with

(a)  if it is of 5 gross tonnage or more and is engaged on an inland voyage or a near coastal voyage, Class 2, a radar to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;

(b)  if it is engaged on a near coastal voyage, Class 1,

(i)  echo-sounding equipment to measure and display the available depth of water, and

(ii)  two radars that meet the requirements set out in paragraph (a) and that are functionally independent of each other; and

(c)  if it is engaged on an unlimited voyage, the equipment set out in paragraph (b) and a gyro-compass to determine and display its heading by shipborne non-magnetic means.

(2)  A Canadian vessel that is a towboat does not have to meet the equipment requirements set out in subsection (1) if it is engaged in a towing operation in an emergency situation on an exceptional basis.

  • SOR/2021-135, s. 49

DIVISION 5 Additional Requirements — Vessels Not Subject to Chapter V of SOLAS

126  This Division does not apply in respect of vessels subject to the requirements of Division 2 of this Part.

Marginal note: Guidelines and standards – bridge

127  On every vessel of 150 gross tonnage or more that is engaged on an international voyage and on every vessel of 500 gross tonnage or more that is engaged on a voyage other than a sheltered waters voyage, all decisions that affect bridge design, bridge procedures and the design and arrangement of navigational systems and equipment on the bridge must take into consideration the following documents:

(a)  the Annex to IMO circular MSC/Circ.982, Guidelines on Ergonomic Criteria for Bridge Equipment and Layout ;

(b)  if the vessel is fitted with an integrated bridge system, the Annex to IMO circular SN.1/Circ.288, Guidelines for Bridge Equipment and Systems, Their Arrangement and Integration (BES) ; and

(c)  if the vessel is fitted with an integrated navigation system, Annex 3 to IMO resolution MSC.86(70), Adoption of New and Amended Performance Standards for Navigational Equipment .

Marginal note: Electromagnetic compatibility

128  The electrical and electronic equipment installed on a vessel of 150 gross tonnage or more that is engaged on an international voyage, or on a vessel of 500 gross tonnage or more, must meet the following requirements, if the equipment has not been type approved by a competent authority as meeting testing standard IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results :

(a)  the equipment must be installed so that electromagnetic interference does not affect the proper functioning of navigational systems and equipment;

(b)  if the equipment is portable, it must not be operated on the bridge if it might affect the proper functioning of navigational systems and equipment; and

(c)  if the equipment is on the bridge or in the vicinity of the bridge on a vessel constructed on or after July 1, 2002, it must be tested for electromagnetic compatibility when the equipment is installed, taking into account testing standard IEC 60533, Electrical and Electronic Installations in Ships — Electromagnetic Compatibility (EMC) – Ships with a Metallic Hull .

Marginal note: Modes of operation — equipment

129  The mode of operation being used must be indicated if equipment that is referred to in this Part and fitted on a vessel on or after July 1, 2002 offers alternative modes of operation.

Marginal note: Integrated bridge systems

130  Integrated bridge systems that are fitted on a vessel on or after July 1, 2002 must be so arranged that failure of any subsystem is brought to the immediate attention of the person in charge of the deck watch by audible and visual alarms and does not cause the failure of any other subsystem.

Marginal note: Failure of integrated navigation system

131  In the case of a failure in one part of an integrated navigation system, it must be possible to operate every other individual piece of equipment or part of the system separately.

Marginal note: Compass inspection

132   (1)  During an inspection of the compasses on a vessel that is not a pleasure craft, the master of the vessel must

(a)  show the inspector the most recent deviation card for each compass, signed and dated by the master and a deck officer; or

(b)  provide the inspector with a statement, signed by the master and a deck officer, confirming that the compasses have been found to be satisfactory to provide heading direction.

Marginal note: Inspector

(2)  For the purposes of subsection (1), an inspector is a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act.

Marginal note: Heading or track control system

133   (1)  When the heading or track control system of a vessel is used in an area of high traffic density, under conditions of restricted visibility or in any other hazardous navigational situation, means must be provided to enable the immediate changeover to manual steering.

Marginal note: Qualified helmsman

(2)  In any situation described in subsection (1), the person in charge of the deck watch must ensure that the services of a qualified helmsman are available at all times to take over steering control.

Marginal note: Qualified person

(3)  Every changeover from the heading or track control system to manual steering of a vessel and vice versa must be made by, or under the supervision of, the person in charge of the deck watch.

Marginal note: Manual steering — testing

(4)  The manual steering of a vessel must be tested, while the heading or track control system is not in use, before the vessel enters any area where navigation demands special caution, and at least once a day, to ensure the manual steering is in effective operating condition.

Marginal note: Steering gear

134  If a vessel is fitted with two or more steering gear power units that are capable of simultaneous operation, the vessel must have at least two of those units in operation in areas where navigation demands special caution.

Marginal note: Steering gear changeover procedures

135   (1)  A vessel that is fitted with a remote steering gear control system or a steering gear power unit must have permanently displayed, on its navigating bridge and in its steering gear compartment, if any, simple, brief operating instructions and a block diagram showing the changeover procedures for the system or unit.

Marginal note: Steering system familiarity

(2)  The master and any person on board the vessel who is responsible for the operation or maintenance of the steering gear must be familiar with the operation of the steering systems fitted on the vessel and with the procedures for changing from one system to another.

Marginal note: Steering gear checks and tests

136   (1)  Within 12 hours before the departure of a vessel, the steering gear of the vessel must be checked and tested and the checks and tests must include

(a)  verifying the operation of

(i)  the main steering gear,

(ii)  the auxiliary steering gear, unless the gear includes tackle,

(iii)  the remote steering gear control systems,

(iv)  the steering controls located at different positions on the navigating bridge,

(v)  the emergency power supply,

(vi)  the rudder angle indicators in relation to the actual position of the rudder,

(vii)  the remote steering gear control system power failure alarms,

(viii)  the steering gear power unit failure alarms, and

(ix)  automatic isolating arrangements and other automatic equipment required for the steering gears;

(b)  the full movement of the rudder according to the capabilities of the steering gear as designed;

(c)  a visual inspection of the steering gear and its connecting linkage; and

(d)  verifying the operation of the means of communication between the navigating bridge and the steering gear compartment.

Marginal note: Exception — regular voyages

(2)  For a vessel that regularly engages on voyages of less than one week, the checks and tests referred to in subsection (1) do not need to be carried out within 12 hours before departure if those checks and tests have been carried out at least once every week.

Marginal note: Emergency steering drills

(3)  In addition to the checks and tests referred to in subsections (1) and (2), emergency steering drills must be carried out at least once every three months and must include direct control from within the steering gear compartment, communications procedures with the navigating bridge and, where applicable, the operation of alternative power supplies.

Marginal note: Log book

(4)  The person in charge of the deck watch must record the dates on which the checks and tests referred to in subsections (1) and (2) are carried out and the dates and details of the drills referred to in subsection (3) in the official log book, referred to in Division 7 of Part 3 of the Marine Personnel Regulations , if that Division applies to the vessel, or any log book if the Division does not apply to it.

Marginal note: Working language

137   (1)  The master or authorized representative of a vessel must determine and record in the official log book referred to in Division 7 of Part 3 of the Marine Personnel Regulations or, if the Division does not apply, any log book, the appropriate working language for the purposes of navigational safety matters, and must ensure that each crew member is able to

(a)  understand the working language;

(b)  give orders and instructions in that language, if appropriate; and

(c)  report back in that language, if appropriate.

Marginal note: Translations

(2)  If the working language is not an official language of the state whose flag the vessel is entitled to fly, all plans and lists required to be posted, and all documents establishing procedures, must include a translation into the working language in addition to a copy in an official language.

Marginal note: English as working language

(3)  Despite subsection (1), English must be used for bridge-to-bridge and bridge-to-shore safety communications, as well as for communications on board between the pilot and bridge watchkeeping personnel, unless the individuals directly involved in the communication speak a common language other than English.

Marginal note: Record of navigational activities

138   (1)  Every vessel of 150 gross tonnage or more that is engaged on an international voyage must keep a record on board of navigational activities and events that are of importance to the safety of navigation.

Marginal note: Contents of record

(2)  The record must contain

(a)  the information set out in section 1 of the Annex to IMO resolution A.916(22), Guidelines for the Recording of Events Related to Navigation ; and

(b)  the dates on which the checks and tests referred to in subsections 136(1) and (2) were carried out and the dates and details of the emergency steering drills referred to in subsection 136(3).

Marginal note: Maintenance of record

(3)  The record must be maintained in accordance with section 4 of the Annex referred to in subsection (2) and kept for at least five years.

Marginal note: Plan for cooperation — search and rescue

139   (1)  Every passenger vessel of less than 150 gross tonnage that is engaged on an international voyage must keep on board a plan for cooperation with the search and rescue services for each area in which the vessel navigates in the event of an emergency.

Marginal note: Plan for cooperation — requirements

(2)  The plan for cooperation must

(a)  be developed by the authorized representative of the vessel in accordance with the Annex to IMO circular MSC.1/Circ.1079, Guidelines for Preparing Plans for Cooperation Between Search and Rescue Services and Passenger Ships ; and

(b)  include provisions for periodic exercises to test its effectiveness.

Marginal note: Visibility requirements from navigating bridge

140   (1)  Every Canadian vessel that is 55 m or more in length and that is constructed on or after July 1, 2002, must comply with the following requirements:

(a)  the view of the sea surface from the conning position must not be obscured for more than two vessel lengths or 500 m, whichever is lesser, forward of the bow to 10° on either side under all conditions of draught, trim and deck cargo;

(b)  if there are blind sectors caused by cargo, cargo gear or other obstructions outside the wheelhouse forward of the beam that obstruct the view of the sea surface from the conning position,

(i)  no blind sector may exceed 10° except that in the case of the view referred to in paragraph (a) a blind sector may not exceed 5°,

(ii)  the total arc of blind sectors must not exceed 20°, and

(iii)  the clear sectors between blind sectors must be at least 5°;

(c)  the horizontal field of vision from the conning position must extend over an arc of not less than 225° that is from right ahead to not less than 22.5° abaft the beam on either side of the vessel;

(d)  from each bridge wing, the horizontal field of vision must extend over an arc of at least 225° that is from at least 45° on the opposite side through right ahead and then from right ahead to right astern through 180° on the same side of the vessel;

(e)  from the main steering position, the horizontal field of vision must extend over an arc from right ahead to at least 60° on each side of the vessel;

(f)  the vessel’s side must be visible from the bridge wing;

(g)  the height of the lower edge of the navigation bridge front windows above the bridge deck must be kept as low as possible without resulting in an obstruction of the forward view that contravenes this subsection;

(h)  the upper edge of the navigation bridge front windows must allow a forward view of the horizon, for a person with a height of eye of 1 800 mm above the bridge deck at the conning position, when the vessel is pitching in heavy seas; and

(i)  with respect to windows,

(i)  the navigation bridge front windows must be inclined from the vertical plane, top out, at an angle of not less than 10° but not more than 25°,

(ii)  the framing between navigation bridge windows must be kept to a minimum and not be installed immediately forward of any workstation,

(iii)  the windows must not be polarized or tinted, and

(iv)  it must be possible, at all times and regardless of weather conditions, to have a clear view through at least two of the navigation bridge front windows and, depending on the bridge configuration, through an additional number of clear-view windows.

Marginal note: Canadian vessels constructed before July 1, 2002

(2)  Every Canadian vessel that is 55 m or more in length that was constructed before July 1, 2002 must comply with the requirements set out in paragraphs (1)(a) and (b), unless structural alterations or additional equipment are required to comply with those requirements.

DIVISION 6 Charts and Publications

141  The following definitions apply in this Division.

reference catalogue  means, in respect of an area to be navigated by a vessel, a catalogue of nautical charts and related publications for that area, published by or under the authority of the Canadian Hydrographic Service or published by or under the authority of a hydrographic office or other relevant government institution of a foreign state. ( catalogue de référence )

waters under Canadian jurisdiction  means

(a)  Canadian waters; and

(b)  the exclusive economic zone of Canada. ( eaux de compétence canadienne )

Marginal note: Charts, documents and publications on board

142   (1)  The master and authorized representative of a vessel must ensure that the most recent versions of the following charts, documents and publications, in respect of each area where the vessel is scheduled to be navigated, are kept on board:

(a)  the reference catalogue and the applicable charts referred to in the catalogue in their largest scale, that are published by or under the authority of

(i)  in the case of a Canadian vessel in Canadian waters, the Canadian Hydrographic Service, and

(ii)  in any other case, the Canadian Hydrographic Service or the hydrographic office or other relevant government institution of a foreign state;

(b)  the annual edition of Notices to Mariners;

(c)  in the case of a Canadian vessel in waters under Canadian jurisdiction and a vessel that is not a Canadian vessel,

(i)   Canadian Sailing Directions , published by the Canadian Hydrographic Service,

(ii)   Canadian Tide and Current Tables , published by the Canadian Hydrographic Service,

(iii)   List of Lights, Buoys and Fog Signals , published by the Canadian Coast Guard, and

(iv)  if the vessel is required under these Regulations or any foreign law to be fitted with radio equipment, Radio Aids to Marine Navigation , published by the Canadian Coast Guard;

(d)  in the case of a Canadian vessel not in waters under Canadian jurisdiction, the following publications referred to in the reference catalogue:

(i)  sailing directions,

(ii)  tide and current tables,

(iii)  lists of lights, and

(iv)  if the vessel is required to be fitted with radio equipment under these Regulations, the list of radio aids to navigation;

(e)  in the case of a vessel, other than a pleasure craft of less than 150 gross tonnage, that is engaged on a voyage other than a sheltered waters voyage, an illustrated table of life-saving signals;

(f)  in the case of a Canadian vessel of 150 gross tonnage or more, a printed copy of the International Aeronautical and Maritime Search and Rescue Manual, Volume III, Mobile Facilities , published by the IMO and the International Civil Aviation Organization;

(g)  in the case of a Canadian vessel that is required to be fitted with radio equipment under Part 2 and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage, or a Safety Convention vessel, a printed copy of the International Code of Signals published by the IMO and a printed copy of Annex 1 to IMO resolution A.918(22), IMO Standard Marine Communication Phrases ; and

(h)  in the case of a vessel that is engaged on a voyage during which ice may be encountered, the document entitled Ice Navigation in Canadian Waters , published by the Canadian Coast Guard.

Marginal note: Document availability — paragraphs (1)(e) and (f)

(2)  The master and authorized representative of a vessel must ensure that the table required under paragraph (1)(e) and the publication required under paragraph (1)(f) are readily available to the person in charge of navigation.

Marginal note: Exception — less than 100 gross tonnage

(3)  Subsection (1) does not apply in the case of a vessel of less than 100 gross tonnage, if the person in charge of navigation has sufficient knowledge of the following about where the vessel is to be navigated such that the safety and efficiency of navigation in that area will not be compromised:

(a)  the location and character of charted

(i)  shipping routes,

(ii)  lights, buoys and marks, and

(iii)  navigational hazards; and

(b)  the prevailing navigational conditions, taking into account such factors as tides, currents, and ice and weather patterns.

Marginal note: Exception — charts, documents and publications

(4)  Subsection (1) does not apply if, after reasonable efforts, the master and authorized representative of a vessel are unable to obtain at any place where the vessel calls, the charts, documents or publications required under this Division and the safety and efficiency of navigation will not be compromised. However, they must comply with subsection (1) as soon as circumstances permit.

Marginal note: Exception — foreign state publications

(5)  The publications referred to in paragraphs (1)(c) and (d) may be replaced by similar publications issued officially by or on the authority of a hydrographic office or other relevant government institution of a foreign state, if the information contained in them that is necessary for the safe navigation of a vessel in the area in which the vessel is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the publications referred to in those paragraphs.

  • SOR/2023-105, s. 15

Marginal note: Electronic chart

143   (1)  A chart referred to in paragraph 142(1)(a) may be in electronic form if it is displayed on an ECDIS that

(a)  in waters for which an ENC is available, is operated using the ENC;

(b)  in waters for which an ENC is not available, is operated using a raster navigational chart (RNC) that is a facsimile of a chart that has been printed and published by or under the authority of the Canadian Hydrographic Service or printed and published by a hydrographic office or other relevant government institution of a foreign state;

(c)  when operating in the raster chart display system (RCDS) mode, is used in conjunction with other printed charts that meet the requirements of paragraph 142(1)(a);

(d)  has chart content and display aspects that meet the requirements set out in the International Hydrographic Organization standard S-52, Specifications for Chart Content and Display Aspects of ECDIS ; and

(e)  is accompanied

(i)  by an ECDIS back-up arrangement that

(A)  meets the standards set out in Appendix 6 of the Annex to IMO resolution MSC.232(82), Adoption of the Revised Performance Standards for Electronic Chart Display and Information Systems (ECDIS) ,

(B)  is connected to the vessel’s main and emergency sources of electrical energy, and

(C)  is provided with an emergency source of electrical energy providing uninterrupted transitional power for a period of not less than 30 minutes, or

(ii)  by other printed charts that meet the requirements of paragraph 142(1)(a) and on which the position of the vessel is being plotted at intervals that will enable a safe and immediate takeover in the event of an ECDIS failure.

Marginal note: Definition of ENC

(2)  For the purposes of subsection (1), ENC means an electronic navigational chart database that

(a)  is standardized as to content, structure and format;

(b)  is issued for use with an ECDIS by or under the authority of the Canadian Hydrographic Service or by or under the authority of a hydrographic office or other relevant government institution of a foreign state; and

(c)  contains all the chart information necessary for safe navigation.

Marginal note: Planning a voyage

144   (1)  The master of a vessel must, before the vessel embarks on a voyage, plan the voyage taking into account the Annex to IMO resolution A.893(21), Guidelines for Voyage Planning , and if charts, documents and publications are required to be kept on board under section 142, by using those charts, documents and publications to the extent that they relate to voyage planning.

Marginal note: Identifying a route

(2)  When planning the voyage, the master must identify a route taking the following factors into account:

(a)  any relevant routing systems;

(b)  sufficient sea room for the safe passage of the vessel throughout the intended voyage;

(c)  all known navigational hazards and adverse weather conditions;

(d)  any marine environmental protection measures that apply; and

(e)  actions and activities that could cause damage to the environment and measures to be taken to avoid those actions and activities.

Marginal note: Voyage display and position monitoring

(3)  The master of a vessel must display the vessel’s route for the voyage using a chart referred to in paragraph 142(1)(a) and plot and monitor the vessel’s position throughout the voyage on that chart.

Marginal note: Navigation accessories

145  Any vessel that is required under section 142 to keep charts, documents and publications on board must be fitted with

(a)  the navigation accessories necessary to permit the proper use of the charts so as to precisely determine the position of the vessel;

(b)  the navigation accessories necessary to determine the accuracy of compass readings; and

(c)  binoculars.

Marginal note: Up-to-date charts, documents and publications

146   (1)  The master of a vessel must ensure that the charts, documents and publications required under this Division, before being used to plan and execute a voyage, are correct and up-to-date, based on information that is contained in Notices to Mariners or a navigational warning.

(2)  Subsection (1) does not apply if the circumstances of the voyage are such that it is impossible for the master, after making reasonable efforts, to receive Notices to Mariners or navigational warnings.

[ 147 to 199 reserved]

PART 2 Marine Radiocommunications

Definitions.

200  The following definitions apply in this Part.

appropriate VHF channel  means the channel specified in Notices to Mariners or in any law of Canada or of any foreign state for use in a traffic zone, or part of it, for vessel traffic management purposes. ( voie VHF appropriée )

continuous watch  means a radio watch that is uninterrupted except for brief intervals when the receiving capability of the radio installations are impaired or blocked by the installations’ own communications or by periodic maintenance or checks. ( veille permanente )

DSC  means digital selective calling, which is a system that uses digital codes and conforms to Recommendation ITU-R M.493, Digital Selective-calling System for use in the Maritime Mobile Service , published by the International Telecommunication Union, Radiocommunication Sector. ( ASN )

enhanced group call equipment  means a radio installation capable of receiving maritime safety information and search and rescue information broadcast by an enhanced group call system. ( équipement d’appel de groupe amélioré )

enhanced group call system  means a system that allows for the broadcast of coordinated maritime safety information and search and rescue information to a defined geographical area using a mobile satellite service recognized by the IMO. ( système d’appel de groupe amélioré )

EPIRB  means an emergency position indicating radio beacon operating in the 406 MHz band. ( RLS )

international NAVTEX service  means the coordinated broadcast of maritime safety information in English on the radio frequency of 518 kHz that is automatically received on any vessel through NBDP. ( service NAVTEX international )

maritime safety information  means navigational and meteorological warnings, meteorological forecasts and other urgent safety-related messages broadcast to vessels. ( renseignements sur la sécurité maritime )

MF/HF radio installation  means a radio installation capable of transmitting and receiving voice communications and communications using NBDP and DSC in the MF/HF bands. ( installation radio MF/HF )

MF radio installation  means a radio installation capable of transmitting and receiving voice communications and communications using DSC in the MF bands. ( installation radio MF )

NAVTEX receiver  means a receiver that is capable of receiving an international NAVTEX service message. ( récepteur NAVTEX )

NBDP  means the process of message transmission known as narrow-band direct-printing telegraphy that uses the International Telegraph Alphabet Number 2 Code in such a way that receiving equipment automatically produces a printed version of the transmitted message. ( IDBE )

PLB  means a personal locator beacon operating in the 406 MHz band. ( BLP )

radio operator  means a person who is the holder of a radio operator certificate issued under subparagraph 5(1)(a)(iii) of the Radiocommunication Act or an equivalent certificate issued by the appropriate authority of a foreign state and who is in charge of a radio watch on a vessel. ( opérateur radio )

SART  means a transponder designed for search and rescue purposes that operates on a radar frequency or an AIS frequency. ( répondeur SAR )

sea area A1  means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available. ( zone océanique A1 )

sea area A2  means an area, excluding sea area A1, within the radiotelephone coverage of at least one medium frequency (MF) coast station in which continuous DSC alerting is available. ( zone océanique A2 )

sea area A3  means an area, excluding sea area A1 and sea area A2, within the coverage of a mobile-satellite service that is recognized by the IMO and supported by the ship earth station carried on board in which continuous alerting is available. ( zone océanique A3 )

sea area A4  means an area outside of sea area A1, sea area A2 and sea area A3. ( zone océanique A4 )

ship earth station  means a mobile earth station that is located on board a vessel and part of a mobile-satellite service that has been recognized by the IMO. ( station terrienne de navire )

survival craft [Repealed, SOR/2023-257, s. 533]

traffic centre  means a centre established by a government for the purpose of regulating marine traffic within a traffic zone. ( centre de gestion du trafic )

traffic zone  means an area under the responsibility of a traffic centre described in Notices to Mariners or in any law of Canada or of a foreign state and established for the purpose of directing vessel traffic. ( zone de gestion du trafic )

VHF radio installation  means a radio installation capable of transmitting and receiving voice communications on VHF frequencies. ( installation radio VHF )

  • SOR/2023-257, s. 533

DIVISION 1 General Requirements

201   (1)  This Division applies in respect of Canadian vessels everywhere

Marginal note: Application — sections 203 to 207

(2)  Sections 203 to 207 also apply in respect of foreign vessels in Canadian waters.

(3)  This Division does not apply in respect of

(a)  a dredge or a floating plant unless it is located in a place where it constitutes a collision hazard to other vessels;

(b)  a towboat, if the towboat and its tow are located within a booming ground; or

(c)  a pleasure craft.

Marginal note: Towboats

202  A towboat that is not a Safety Convention vessel and that is engaged in a towing operation outside the sea area in which it normally operates is not required to meet any additional radio equipment requirements for outside that sea area if

(a)  one of the vessels engaged in the towing operation with the towboat meets the requirements for that sea area; or

(b)  it is engaged in a towing operation in an emergency situation on an exceptional basis.

Marginal note: Responsibility of authorized representative

203  The authorized representative must ensure that the vessel is equipped with radio equipment in accordance with this Part before the vessel embarks on a voyage and throughout the voyage.

Marginal note: VHF radio installation

204   (1)  A vessel on a voyage, any part of which is in sea area A1, within VHF coverage of a Canadian Coast Guard station or on a voyage more than five nautical miles from shore on the sea coasts of Canada, must be fitted with a VHF radio installation capable of DSC if the vessel is

(a)  more than 8 m in length;

(b)  carrying passengers; or

(c)  a towboat.

(2)  Subsection (1) does not apply to a vessel that carries six passengers or less and is not more than 8 m in length if it is equipped with a portable VHF handheld radio capable of DSC.

  • SOR/2023-105, s. 16(F)

Marginal note: Great Lakes — supplementary VHF radio for certain vessels

205   (1)  The following vessels, if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation that is in addition to the one required under section 204:

(a)  a vessel of 300 gross tonnage or more; and

(b)  a passenger vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage.

Marginal note: Supplementary VHF radio for other vessels

(2)  The following vessels, other than a vessel referred to in subsection (1), if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation or a portable VHF handheld radio in addition to the radio equipment required under section 204:

(a)  a vessel that carries more than six passengers; or

(b)  a towboat whose tow, excluding the tow line, is 20 m or more in length.

Marginal note: Technical Regulations of the Great Lakes Agreement

(3)  All VHF radio installations and portable VHF handheld radios required under this section must meet the requirements set out in Regulations 1 and 2 of the Technical Regulations annexed to the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973.

Marginal note: Navigation outside sea area A1

206  A vessel that is engaged on a voyage any part of which is outside sea area A1 must be equipped with radio equipment capable of establishing two-way communications at any time with a Canadian Coast Guard Marine Communications and Traffic Services Centre or, if that is not possible, with another organization or person on shore that is providing communications with the vessel, if it is a vessel that

(a)  carries passengers more than two nautical miles from shore;

(b)  carries more than six passengers; or

(c)  is engaged on a near coastal voyage, Class 1 or an unlimited voyage.

Marginal note: Part C of Chapter IV of SOLAS

207   (1)  The following vessels must be fitted with radio equipment in accordance with Part C of Chapter IV of SOLAS:

(a)  vessels that are subject to Chapter IV of SOLAS; and

(b)  Canadian vessels that are not subject to Chapter IV of SOLAS that are engaged on a voyage outside the internal waters of Canada and sea area A1, if they are passenger vessels that are 20 m or more in length or of 300 gross tonnage or more.

Marginal note: Gulf of St. Lawrence

(2)  For the purposes of this section, sea area A1 includes all of the Gulf of St. Lawrence.

Marginal note: Regulation 14 of Chapter IV SOLAS — type approval

(3)  For the purposes of this section, the words “type approved by the Administration” used in Regulation 14 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

Marginal note: Regulation 15 of Chapter IV SOLAS — interpretation

(4)  For the purposes of this section,

(a)  Regulation 15 of Chapter IV of SOLAS must be read as excluding the words “such methods as” and “as may be approved by the administration”; and

(b)  the words “a combination of at least two methods such as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability” used in Regulation 15 of Chapter IV of SOLAS must be read as “a combination of at least two methods from among duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability”.

Marginal note: Regulation 15 of Chapter IV SOLAS – exception

(5)  Despite paragraph (1)(b), the requirement set out in Regulation 15 of Chapter IV of SOLAS that refers to sea areas A3 and A4 does not apply to a vessel referred to in that paragraph that is engaged on a voyage in either of those sea areas, if the vessel meets the requirement set out in Regulation 15 of Chapter IV that refers to sea areas A1 and A2.

Marginal note: SART

208  One of the SARTs required to be on board a vessel under the Vessel Construction and Equipment Regulations , the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations must be stowed so that it is readily accessible for immediate use on board.

  • SOR/2023-257, s. 534

Marginal note: Float-free EPIRB

209   (1)  A vessel must be fitted with a float-free EPIRB if

(a)  the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or

(b)  the vessel is more than 12 m in length and is engaged on an inland voyage or a near coastal voyage, Class 2.

Marginal note: Float-free EPIRB — location

(2)  The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to

(a)  float free should the vessel sink;

(b)  be readily accessible near the position from which the vessel is normally navigated, unless it can be activated by remote control from that position; and

(c)  be manually released and carried into a survival craft.

Marginal note: EPIRB or other equipment

(3)  A vessel that is 12 m or less in length and engaged on an inland voyage in the waters of the Great Lakes, their connecting and tributary waters or the waters of the St. Lawrence River, or on a near coastal voyage, Class 2, must be equipped with

(a)  a float-free EPIRB;

(b)  a manually activated EPIRB;

(c)  a PLB; or

(d)  in the case of a vessel that is less than 8 m in length and that operates exclusively in sea area A1, a waterproof portable VHF handheld radio capable of DSC.

Marginal note: Manual EPIRB or other equipment — location

(4)  A manually activated EPIRB, a PLB or a portable VHF handheld radio capable of DSC must be worn by the person in charge of the navigational watch or, if that is not practicable, stowed so that it is readily accessible for immediate use in the event of abandonment of the vessel.

  • SOR/2021-135, s. 50

Marginal note: Broadcast service of maritime safety information

210   (1)  A vessel that is engaged on a voyage beyond the limits of sea area A1 in an area where there is a broadcast of maritime safety information over medium frequency, such as by an international NAVTEX service, must be fitted with a NAVTEX receiver or another receiver that is compatible with the broadcast service, if it is

(a)  a vessel that carries more than six passengers;

(b)  a fishing vessel that is 24 m or more in length;

(c)  a towboat of 150 gross tonnage or more; or

(d)  a vessel of 300 gross tonnage or more.

Marginal note: Maritime safety information

(2)  A vessel that is not subject to the requirement of subsection (1) and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must have the necessary equipment to receive maritime safety information during the voyage.

Marginal note: Search and rescue VHF radio direction-finding apparatus

211  The following vessels must be fitted with a search and rescue VHF radio direction-finding apparatus:

(a)  a government vessel used for search and rescue; and

(b)  a standby vessel used to provide transport or assistance to employees who are employed in connection with the exploration or drilling for, or the production, conservation, processing or transportation of, oil or gas.

Marginal note: Documents and publications

212  The master and authorized representative of a vessel must ensure that the following documents and publications are kept on board in a readily accessible location:

(a)  the radio operator certificate for each of its the radio operators; and

(b)  at the main operating position of the radio installation,

(i)   Radio Aids to Marine Navigation published by the Canadian Coast Guard, and

(ii)  the radio inspection certificate for the radio installation, if a certificate is required by section 240.

Marginal note: Antenna plan

213  A vessel that is 20 m or more in length must have an antenna plan that indicates the relative position of each antenna.

Marginal note: Main operating position requirements

214  The main operating position of a radio installation must have

(a)  a card of instructions, such as TP 9878, Distress and Safety Radiotelephone Procedures , published by the Department of Transport, visibly displayed, setting out a clear summary of the radio distress procedures;

(b)  the following items, stored so as to be easily accessible:

(i)  instructions to enable the radio equipment to be properly operated, and

(ii)  the instructions, replacement parts and tools necessary to carry out routine maintenance and checks on the radio equipment, as recommended by the manufacturer or required under Division 2 of this Part, that may be performed by persons who are not radio technicians; and

(c)  a visibly displayed, reliable and accurate device that indicates time.

Marginal note: Spare antenna

215  A vessel referred to in subsection 204(1) that is 20 m or more in length and fitted with only one VHF radio installation capable of DSC must be equipped with a spare antenna accompanied by sufficient interconnecting cable to permit the fast replacement of the main antenna without retuning.

Marginal note: Sources of electrical energy

216  A vessel must have a supply of electrical energy sufficient to operate its radio installation and to charge any batteries used as part of the reserve source of energy for the radio installation.

Marginal note: Reserve source of energy

217   (1)  A vessel that is 20 m or more in length, a vessel that carries more than six passengers or a towboat must have

(a)  a reserve source of energy that meets the requirements of Division 2 of this Part and that is sufficient to supply its radio installation for the purpose of conducting distress and safety communications in the event of a failure of the main and emergency sources of electrical energy; and

(b)  a permanently installed means for internally or externally lighting the radio controls that are necessary for the operation of its radio installation, independent of the main and emergency sources of electrical energy.

(2)  Subsection (1) does not apply to a vessel that carries more than six passengers or a towboat, if

(a)  it is less than 20 m in length;

(b)  it is navigating in sea area A1; and

(c)  it is equipped with a survival craft VHF radiotelephone or a waterproof portable VHF handheld radio capable of DSC.

DIVISION 2 Technical Requirements

Marginal note: Application — Canadian vessel

218   (1)  This Division, other than section 228, applies in respect of radio equipment, including documentation for the equipment, that a Canadian vessel must have on board under Division 1 of this Part, the Vessel Construction and Equipment Regulations , the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations , as applicable.

Marginal note: Application — foreign vessel

(2)  Sections 219 and 223 and the requirement under subsection 240(3) to inspect the radio installation also apply in respect of any radio equipment, including documentation for the equipment, that a foreign vessel in Canadian waters must have on board under Division 1 of this Part, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations , as applicable.

Marginal note: Application — section 228

(3)  Section 228 applies in respect of all EPIRBs and PLBs on board

(a)  a Canadian vessel; or

(b)  a pleasure craft that

(i)  is licensed under Part 10 of the Act, or

(ii)  is principally maintained or operated in Canada and is not registered or licensed under the laws of another state.

  • SOR/2023-257, s. 535

Marginal note: General requirements — radio installation

219  A radio installation must be

(a)  installed on board a vessel so as to

(i)  protect it from mechanical, electrical or any other interference that would adversely affect its functioning,

(ii)  be compatible with other radio and electronic equipment installed on the vessel and not cause adverse electromagnetic or electrostatic interaction, and

(iii)  be readily accessible for maintenance purposes and inspection;

(b)  clearly marked with the vessel’s name, call sign, maritime mobile service identity number and any other identifier that may be used in the course of transmitting or receiving communications; and

(c)  located on a vessel so as to

(i)  maximize its safety and operational accessibility,

(ii)  enable the monitoring of the distress and safety frequencies, including frequencies on which maritime safety information is broadcasted, and the sending of distress signals or distress alerts, from the position from which the vessel is normally navigated, and

(iii)  protect it from the harmful effects of water, extremes of temperature and other adverse environmental conditions.

Marginal note: VHF radio accessibility

220  A VHF radiotelephone and a VHF radio installation must be accessible from the vessel’s conning position and its operation, including the selection of channels, must be possible from that position.

Marginal note: Position of vessel

221  If radio equipment is capable of automatically providing the vessel’s position when transmitting a distress alert, the vessel’s position and the time the vessel was at that position must be made available from a GNSS receiver for transmission by the radio equipment.

Marginal note: Radio equipment standards

222   (1)  The radio equipment referred to in column 1 of Schedule 3 must be of a type approved by a competent authority as meeting the following standards:

(b)  the testing standards set out in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results ;

(c)  the standards set out for that equipment in column 2 of Schedule 3; and

(d)  the standards set out for that equipment in column 3 or 4 of Schedule 3.

(2)  The equipment may be type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) or (d) instead of the standards referred to paragraph (1)(c) or (d), as the case may be.

Marginal note: Exception — VHF radio installation capable of DSC

(3)  The VHF radio installation capable of DSC on board a vessel referred to in subsection 204(1) or paragraph 207(1)(b) may meet either of the following standards instead of the standards referred to in paragraphs (1)(c) and (d):

(a)  the testing standards set out in IEC 62238, Maritime Navigation and Radiocommunication Equipment and Systems – VHF Radiotelephone Equipment Incorporating Class “D” Digital Selective Calling (DSC) – Methods of Testing and Required Test Results ; or

(b)  the testing standards set out in EN 301 025: VHF Radiotelephone Equipment for General Communications and Associated Equipment for Class “D” Digital Selective Calling (DSC); Harmonised Standard Covering the Essential Requirements of Articles 3.2 and 3.3(g) of the Directive 2014/53/EU .

Marginal note: Type Approval

(4)  The type approval must be evidenced by a label or document issued by the competent authority.

(5)  The type approval must be

(6)  If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

  • SOR/2023-105, s. 17

Marginal note: Portable VHF handheld radio with DSC

223   (1)  A portable VHF handheld radio capable of DSC must

(a)  be capable of transmitting and receiving distress and safety alerts using DSC on frequency 156.525 MHz (channel 70);

(b)  be capable of transmitting and receiving radiotelephony on

(i)  the distress and safety frequency of 156.8 MHz (channel 16),

(ii)  the primary inter-vessel safety communication frequency of 156.3 MHz (channel 6),

(iii)  the bridge-to-bridge communication frequency of 156.65 MHz (channel 13),

(iv)  the public correspondence frequency specifically assigned for the area in which the vessel is navigating, and

(v)  any other VHF frequencies that are necessary for safety purposes in the area in which the vessel is navigating;

(c)  be capable of receiving communications on

(i)  a VHF frequency specifically assigned for the transmission of maritime safety information in the area in which the vessel is navigating, or

(ii)  if no frequency is specifically assigned in the area in which the vessel is navigating, any other frequency used for transmitting maritime safety information;

(d)  be certified as waterproof by the manufacturer;

(e)  not be unduly affected by exposure to seawater, oil or the sun;

(f)  be of robust mechanical construction;

(g)  have an internal GNSS receiver capable of providing an accurate position within 90 seconds of being switched on, when provided with an unobstructed view of the sky; and

(h)  be capable of six hours of operation, with a duty cycle of 10% transmitting, 10% receiving above squelch level and 80% receiving below squelch level.

Marginal note: Rechargeable battery

(2)  A portable VHF handheld radio capable of DSC that is powered by a rechargeable battery must be accompanied by a device capable of fully charging the battery from empty within 10 hours.

Marginal note: Supplementary VHF radio

224   (1)  Any supplementary VHF radio installation that a vessel is fitted with under section 205 must be functionally independent from the VHF radio installation required under section 204.

Marginal note: Source of energy

(2)  The VHF radio installations referred to in subsection (1) may be connected to the main source of energy for the vessel, but one of them must have another source of energy that is located in the upper part of the vessel.

Marginal note: VHF radio antenna

225  The antenna of a VHF radio installation must be

(a)  capable of transmitting and receiving a vertically polarized signal;

(b)  installed as high as possible on a vessel and in such a manner as to provide an omnidirectional radiation pattern; and

(c)  connected to the radio installation by the shortest possible transmission line.

Marginal note: Battery-powered VHF radio

226   (1)  If batteries are the main source of energy for a VHF radio installation on board a vessel, the batteries must

(a)  be located in the upper part of the vessel;

(b)  have sufficient capacity to operate the VHF radio installation; and

(c)  be accompanied by a device capable of fully charging the batteries from empty within 10 hours.

Marginal note: Exception to paragraph (1)(a)

(2)  If it is impracticable to locate the batteries in the upper part of a vessel whose construction began before June 1, 1978 or that is less than 20 m in length, they must be located as high in the hull as is possible.

Marginal note: MF/HF radio installations

227  An MF/HF radio installation’s transmitter on board a vessel must be capable of delivering 125 W peak envelope power at the output of the transmitter.

Marginal note: Beacon registration

228   (1)  The authorized representative of a vessel, or in the case of a pleasure craft that is not a Canadian vessel, the owner of the vessel, must register an EPIRB or PLB with the Canadian Beacon Registry, which is maintained by the Department of National Defence.

Marginal note: Updating the Canadian Beacon Registry

(2)  The authorized representative or the owner, as the case may be, must update the information contained in the Canadian Beacon Registry with respect to the registration within 30 days after a change in the information.

Marginal note: EPIRB and PLB — Type Approved

229   (1)  Every EPIRB and PLB must be of a type approved by Cospas-Sarsat as meeting the requirements of standard C/S T.007 entitled Cospas-Sarsat 406 MHz Distress Beacons Type Approval Standard , published by Cospas-Sarsat.

Marginal note: Type approval certificate

(2)  The type approval referred to in subsection (1) must be evidenced by a type approval certificate that is kept in a readily accessible location on board.

Marginal note: Replacing the automatic release mechanism — EPIRB

230   (1)  The automatic release mechanism of an EPIRB must be marked with the replacement date determined by the manufacturer and be replaced on or before that date in accordance with the manufacturer’s instructions.

Marginal note: Replacing the battery — EPIRB and PLB

(2)  The battery of an EPIRB and the battery of a PLB must be replaced in accordance with the manufacturer’s instructions

(a)  after the use of the EPIRB or PLB in an emergency;

(b)  after an inadvertent activation of the EPIRB or PLB;

(c)  if required as a result of an inspection or testing of the EPIRB or PLB; and

(d)  on or before the expiry date indicated on the battery.

Marginal note: Replacing the battery — SART

231  The battery of a SART must be replaced in accordance with the manufacturer’s instructions on or before the expiry date indicated on the battery.

Marginal note: Battery — survival craft VHF radiotelephone

232  A battery used to power a survival craft VHF radiotelephone must

(a)  if the battery is non-rechargeable, be replaced, on or before the expiry date indicated on the battery; and

(b)  if the battery is rechargeable, be maintained in a fully charged condition while the vessel is at sea and the radiotelephone is not being used for communication purposes.

Marginal note: Search and rescue VHF radio direction-finding equipment

233  Search and rescue VHF radio direction-finding equipment must

(a)  be capable of receiving amplitude-modulated signals on frequency 121.5 MHz;

(b)  be capable of receiving frequency or phase-modulated signals on frequency 156.8 MHz (channel 16); and

(c)  provide an automatic indication-of-direction signal that is received when the source of the signal is located within an arc of 30° on either side of the vessel’s bow.

234   (1)  If a vessel is required to have a reserve source of energy under section 217, the reserve source must be capable of

(a)  being used immediately in the event of a failure of the main source of electrical energy; and

(b)  simultaneously operating

(i)  the VHF radio installation,

(ii)  the lighting required under paragraph 217(1)(b), and

(iii)  the radio equipment that the vessel must be fitted with under paragraph 207(1)(b), in the case of a vessel referred in that paragraph.

Marginal note: Capacity

(2)  The reserve source of energy must have a capacity to provide electrical energy for

(a)  one hour, if the radio equipment is provided with an emergency source of electrical energy that meets the standards set out in TP 127, Ship Electrical Standards , published by the Department of Transport; and

(b)  six hours, in any other case.

Marginal note: Electrical capacity

(3)  The electrical capacity of the reserve source of energy under distress conditions must, for the period prescribed in subsection (2), be equal to the total of

(a)  one half of the electrical capacity necessary for the transmission of communications,

(b)  the electrical capacity necessary for the continuous reception of communications, and

(c)  the electrical capacity necessary for the continuous operation of any additional radio equipment or lighting connected to that reserve source of energy.

Marginal note: Independence

(4)  The reserve source of energy must be independent of the propelling power of the vessel and the vessel’s electrical system.

Marginal note: Simultaneous supply

(5)  The reserve source of energy must, for the period prescribed by subsection (2), be capable of

(a)  simultaneously supplying energy to all radio installations that can be connected to the reserve source of energy at the same time; or

(b)  if only one radio installation can be connected to the reserve source of energy at the same time as a VHF radio installation, supplying energy to the radio installation that uses the most power.

Marginal note: Electrical lighting

(6)  The reserve source of energy must be used to supply the electrical lighting for a radio installation unless the electrical lighting has an independent source of energy that meets the capacity requirements set out in subsection (2).

Marginal note: Reserve source of energy — rechargeable batteries

235   (1)  If the reserve source of energy consists of rechargeable batteries, a vessel must have

(a)  a means of recharging the batteries from empty to the minimum capacity required within 10 hours; or

(b)  for a vessel that is less than 20 m in length, a reserve battery of a capacity sufficient for the duration of the voyage.

Marginal note: Installation of rechargeable batteries

(2)  Rechargeable batteries that constitute the reserve source of energy for a radio installation must be installed so that they

(a)  are maintained at all times at the temperature specified by the manufacturer of the batteries; and

(b)  provide, when fully charged, the minimum number of hours of operation required by subsection 234(2), regardless of meteorological conditions.

Marginal note: Failure of electrical energy source

(3)  If a radio installation requires an uninterrupted input of data from the vessel’s GNSS receiver in order to function properly, the radio installation must have a means to ensure that uninterrupted input of data in the event of a failure of the vessel’s main or emergency source of electrical energy.

Marginal note: Assessments and tests before a voyage

236  A radio operator must ensure that the radio equipment is in proper operating condition before the vessel embarks on a voyage.

Marginal note: Assessment of radio installation at sea

237   (1)  While a vessel is at sea, a radio operator must assess

(a)  daily the operating condition of a radio installation; and

(b)  subject to subsection (2), in the case of a VHF radio installation, MF radio installation or MF/HF radio installation, weekly by means of normal communications or a test call carried out within the communication range of either a radio installation or a coast station that is capable of DSC, the operating condition of the radio installation.

Marginal note: Test call

(2)  When a vessel has been out of the communication range of a radio installation or a coast station that is capable of DSC for longer than a week, a radio operator must make the test call at the first opportunity after the vessel is within the communication range of a coast station in order to assess the operating condition of the radio installation.

Marginal note: Testing transmitter functioning

(3)  A radio operator must, when testing the operating condition of a radio installation transmitter, use the antenna normally used for the transmitter.

Marginal note: Restoring to proper functioning

(4)  If an assessment referred to in subsection (1) or (2) indicates that the radio equipment or the reserve source of energy is not operating properly, the equipment or source of energy must be restored to its proper operating condition without delay.

Marginal note: Out-of-service radio installation

(5)  If a radio installation is out-of-service for more than 30 days, a radio operator must verify, within the seven days before the vessel embarks on a voyage, that the radio equipment is in proper operating condition and must enter that information in the radio log.

Marginal note: Radio equipment batteries

238   (1)  If batteries constitute a source of electrical energy for radio equipment, other than an EPIRB or PLB, they must be

(a)  tested daily, to determine the state of their charge;

(b)  checked once each month, to determine the physical condition of the batteries, their connections and their compartment; and

(c)  sufficiently charged to permit the continuous operation of the radio equipment for the duration of the voyage.

Marginal note: Reserve rechargeable batteries

(2)  Rechargeable batteries that constitute a reserve source of electrical energy for any radio equipment must undergo

(a)  a check of their capacity, once a year, when the vessel is not at sea, by fully discharging and recharging them, using normal operating current and their battery rating period, unless the battery manufacturer advises otherwise; and

(b)  an assessment of their charge without any significant discharge of the batteries immediately before the vessel embarks on a voyage, and weekly while at sea.

Marginal note: Inspection and testing of EPIRB or PLB

239   (1)  An EPIRB or PLB, other than an EPIRB or PLB stowed in an inflatable life raft, must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

Marginal note: Inspection and testing of a SART

(2)  A SART must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

Marginal note: VHF radiotelephone testing

(3)  A survival craft VHF radiotelephone must be tested by a radio operator during each boat and fire drill held on board the vessel, if the radiotelephone has a power source that can be replaced or recharged by the user.

Marginal note: Radio inspection certificate

240   (1)  The following vessels, other than a Safety Convention vessel, must have a radio inspection certificate to engage on a voyage:

(a)  a vessel that is 20 m or more in length;

(b)  a towboat; and

(c)  a passenger vessel that is engaged on a voyage any part of which is in Sea Area A1 or more than five nautical miles from shore on the sea coasts of Canada.

Marginal note: Safety certificate

(2)  The master of a Safety Convention vessel must keep on board any safety certificate issued under subsection 7(1) of the Vessel Safety Certificates Regulations that relates to radio installation requirements.

Marginal note: Inspection certificate — Great Lakes Agreement

(3)  The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973, must keep on board an inspection certificate issued by the Minister evidencing compliance with subsection 205(3) of these Regulations.

Marginal note: Issuance of radio inspection certificate

(4)  The Minister must issue a radio inspection certificate to a vessel if the radio installation meets the requirements of this Part.

  • SOR/2021-135, s. 51

DIVISION 3 Radiotelephone Procedures

Marginal note: Application — Canadian vessels

241   (1)  Sections 242 to 248 apply in respect of Canadian vessels that are required under Division 1 of this Part to be fitted with radio equipment.

Marginal note: Application — foreign vessels

(2)  Sections 243 to 245, paragraph 246(1)(b) and subsection 246(2) also apply in respect of foreign vessels that are required under Division 1 of this Part to be fitted with radio equipment.

Marginal note: Application — sections 249 to 254

(3)  Sections 249 to 254 apply in respect of any vessel that is not a Canadian vessel in Canadian waters and in respect of any Canadian vessel that is required under Division 1 of this Part to be fitted with a VHF radio installation.

Marginal note: Officers responsible

242  The master of a vessel and the person in charge of the deck watch must ensure that the requirements of this Division are met.

Marginal note: Communications of distress, urgency or safety

243  A vessel must make communications of distress, urgency or safety in accordance with the requirements of articles 32 to 34 of Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Marginal note: Cancellation of distress signals and alerts

244  A person who has inadvertently transmitted a distress alert from a vessel or, after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts .

Marginal note: Communication power

245  Except in a case of distress, a radio installation must not radiate more power than the power required to ensure clear communication.

Marginal note: Time

246   (1)  A radio operator using a radio installation, must, when stating the time during voice communications on board a vessel, observe the time in the following manner:

(a)  if the vessel is engaged on an international voyage, observe coordinated universal time (UTC); and

(b)  if the vessel is engaged on any other type of voyage, observe the local time of the area in which the vessel is navigating.

Marginal note: 24-hour system

(2)  A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Marginal note: Radio record

247   (1)  A vessel must maintain a record in which the radio operator keeps the following information:

(a)  the vessel’s name and registration number, its port of registry, gross tonnage and length and any of its Global Maritime Distress and Safety System identities as defined in Regulation 2 of Chapter IV of SOLAS;

(b)  the period covered by the record;

(c)  the time of each entry made in the radio record, stated in accordance with section 246;

(d)  a summary of all radio communications, including the date, time, frequency used and details with respect to

(i)  distress and urgency communications,

(ii)  safety communications respecting the vessel,

(iii)  abnormal radio propagation conditions that may reduce the effectiveness of the radio installation, and

(iv)  any other important service incident;

(e)  the names of the radio operators, the dates each operator is on board and the name of each certificate that each radio operator holds;

(f)  the name of the radio operator designated for operating the radio equipment during emergencies as required under the Marine Personnel Regulations ;

(g)  the date and time a check, test or inspection required under this Part was carried out and the results obtained including, for each day that the vessel is at sea,

(i)  the operating condition of the radio equipment determined by normal communication or a test call, as well as the position of the vessel at the time the determination is made,

(ii)  the assessment of the reserve source of energy, and

(iii)  if any of the radio equipment is found not to be in operating condition, a notation that the master was informed;

(h)  the time of an inadvertent transmission of a distress, urgency or safety communication and the time and method of its cancellation;

(i)  the date, time and details of any significant maintenance carried out on the radio installation, including the name of the person or the company that performed the maintenance tasks; and

(j)  any corrective action taken to remedy any deficiency in the radio equipment required under this Part.

Marginal note: Radio record entry

(2)  The radio operator making an entry in a radio record must initial the entry.

Marginal note: Accessibility

(3)  The radio record must be kept for a period of not less than 12 months after the day on which the last entry is made, in a place accessible to a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act, and in the case of a paper record, it must be in its original format.

Marginal note: Continuous watch

248   (1)  A vessel that is fitted with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

(a)  a VHF radio installation;

(b)  an MF radio installation;

(c)  an MF/HF radio installation;

(d)  a NAVTEX receiver or other means that is used to automatically receive maritime safety information for visual display;

(e)  enhanced group call equipment; and

(f)  radio equipment capable of transmitting and receiving communications using NBDP.

Marginal note: MF/HF radio installation

(2)  A vessel fitted with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Marginal note: Delayed radio transmission

249  If, at any time, a radio transmission required to be made under these Regulations is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Marginal note: Radio operator

250   (1)  The master of a vessel or a person authorized by the master to maintain a continuous listening watch or to make a navigation safety call required under this Division must be a radio operator.

Marginal note: Obligation to inform

(2)  If the person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Marginal note: Steering and sailing rules

251  Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manoeuvres that contravene the steering and sailing rules of those Regulations.

Marginal note: Continuous listening watch

252   (1)  Every vessel that is required under section 204 to be fitted with a VHF radio installation must maintain a continuous listening watch during the period beginning 15 minutes before the vessel is underway and ending when the vessel is

(a)  securely anchored, moored or made fast to the shore or secured to the bottom; and

(b)  in a place where its presence does not constitute a hazard to passing vessels.

Marginal note: VHF channel

(2)  A VHF radio installation, referred to in subsection (1), on board a vessel described in column 1 of Schedule 4 must be set to the appropriate VHF channel set out in column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

Marginal note: Interrupted watch

(3)  If a vessel is not fitted with an additional VHF radio installation, the continuous listening watch referred to in subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.

Marginal note: Navigation safety call

253   (1)  Every vessel that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4, other than a dredge or floating plant, must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel, under the following circumstances:

(a)  a risk of collision with another vessel exists under the provisions of the Collision Regulations that apply in the area being navigated by the vessel;

(b)  the navigation safety call of another vessel indicates that a close-quarters situation may develop;

(c)  the vessel is in a narrow channel or fairway and is about to overtake another vessel, or be overtaken by another vessel;

(d)  doubt exists as to the actions or the intentions of another vessel;

(e)  the vessel is nearing a bend in a river, channel or fairway or an obstruction around which an approaching vessel cannot adequately be seen;

(f)  the vessel is approaching, in restricted visibility, a charted route, including a ferry route, or a concentration of vessels;

(g)  the vessel will commence a manoeuvre that could impede the safe navigation of other vessels;

(h)  the vessel is engaged in fishing with nets, lines, trawls, trolling lines or other apparatus, or is a vessel restricted in its ability to manoeuvre in or near a routing system and is being approached by another vessel, other than a vessel engaged in fishing;

(i)  the vessel is approaching a dredge or floating plant in or near a river, channel or fairway;

(j)  the vessel will depart from a berth, anchorage, mooring area, booming ground, dredge or floating plant; and

(k)  under any other circumstance when a navigation safety call is necessary for the safe navigation of the vessel or any other vessel.

Marginal note: Call — paragraph (1)(j)

(2)  The navigation safety call required under the circumstances specified in paragraph (1)(j) must be made 15 minutes before and again immediately before departure from the berth, anchorage, mooring area, booming ground, dredge or floating plant.

Marginal note: Content of call

(3)  The navigation safety call must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

(a)  the identity of the vessel;

(b)  the location of the vessel;

(c)  the intended course of action;

(d)  the present course and speed of the vessel; and

(e)  whether the vessel is

(i)  engaged in a towing operation,

(ii)  not under command,

(iii)  restricted in its ability to manoeuvre,

(iv)  engaged in fishing, other than trolling,

(v)  severely restricted in its ability to deviate from the course it is following because of its draft in relation to the available depth of water,

(vi)  engaged in pilotage duty,

(vii)  at anchor, or

(viii)  aground.

(4)  A vessel is not required to make a navigation safety call in the circumstances described in paragraph (1)(i) or (j) if the vessel

(a)  is a towboat and is manoeuvring in or around any berth, anchorage, mooring area, booming ground, dredge or floating plant and the vessel

(i)  manoeuvres in such a manner that it will not impede the safe navigation of other vessels, and

(ii)  makes a navigation safety call 15 minutes before its final departure from that berth, anchorage, mooring area, booming ground, dredge or floating plant; or

(b)  is reporting to a traffic centre.

Marginal note: Call power — Great Lakes Basin

(5)  The transmission power of a navigation safety call on Channel 13 within the Great Lakes Basin must not exceed 1 W except in the following cases when that power must not exceed 25 W:

(a)  in the case of an emergency;

(b)  the vessel being called to does not respond to a second call at a transmission power of 1 W or less; or

(c)  a broadcast in blind situations such as when the vessel is rounding a bend in a channel.

Marginal note: Definition of vessel restricted in its ability to manoeuvre

(6)  For the purposes of subsections (1) and (3), vessel restricted in its ability to manoeuvre has the meaning assigned by the definition vessel restricted in her ability to manoeuvre in Rule 3(g) of Schedule 1 to the Collision Regulations .

Marginal note: Dredges and floating plants

254   (1)  Every dredge or floating plant that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4 must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel under the following circumstances:

(a)  when approached by another vessel not engaged in an operation related to the dredge or floating plant;

(b)  when requested to do so by another vessel; and

(c)  under any other circumstance in which it is necessary for the safety of the dredge or floating plant or the safe navigation of any other vessel.

(2)  A navigation safety call referred to in subsection (1) must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

(a)  the identity of the dredge or floating plant;

(b)  its location; and

(c)  in the case of a dredge or floating plant that is on a river, channel or fairway, to the extent possible, whether any part of the river, channel or fairway is obstructed and, if so, the side on which the obstruction exists and the side on which another vessel may pass.

(3)  A dredge or floating plant is not required to make a navigation safety call in the circumstances described in paragraph (1)(a) if it is reporting to a traffic centre.

[ 255 to 299 reserved]

PART 3 Limitations and Prohibitions

300  The following definitions apply in this Part.

Assistant Commissioner  means the Assistant Commissioner for the Central and Arctic Region, Department of Fisheries and Oceans. ( commissaire adjoint )

Burlington Canal  means the canal that links Lake Ontario and Hamilton Harbour. ( canal de Burlington )

Captain of the Port  means the Captain of the Port for the United States Coast Guard at Detroit, Michigan. ( capitaine de port )

District Commander  means the commander of the 9th District of the United States Coast Guard. ( commandant du district )

DIVISION 1 Anchorage

Marginal note: Prohibited waters

301  It is prohibited for a vessel to anchor within the waters described in Schedule 5.

Marginal note: Instructions and directions

302  Every vessel within the waters described in Schedule 5 must comply with any instruction or direction relating to any navigation limitation or prohibition or other shipping measure contained in Notices to Mariners or a navigational warning.

DIVISION 2 Burlington Canal

Marginal note: Speed limit

303  It is prohibited for a vessel to navigate in the Burlington Canal at a speed greater than

(a)  seven knots, if the vessel is 80 m or less in length; or

(b)  the lowest speed at which the vessel can be navigated safely, if the vessel is more than 80 m in length.

Marginal note: Passing prohibited

304   (1)  A vessel heading towards the Burlington Canal must not, if it is within 0.5 nautical miles of the canal, pass another vessel going in the same direction.

(2)  Subsection (1) does not apply in respect of vessels that are less than 15 m in length.

Marginal note: Request to lift the bridge

305  If the person who has the conduct of a vessel requires the lift bridge over the Burlington Canal to be raised, the person must make a request to the bridgemaster by radio communication or, if such communication is not possible, the person must sound three long blasts on the whistle or horn.

Marginal note: Entry of vessel 15 m or more

306   (1)  Subject to subsection (2), it is prohibited for a vessel that is 15 m or more in length to enter the Burlington Canal unless the signal light on the lift bridge shows green in the direction of the vessel.

Marginal note: Exception in case of emergency

(2)  In the case of an emergency, a vessel that is 15 m or more in length may enter the Burlington Canal while the signal light on the lift bridge does not show green in its direction, but it must moor at the north wall of the canal and must not proceed until the signal light shows green in its direction.

Marginal note: Entry of vessel less than 15 m

307  It is prohibited for a vessel that is less than 15 m in length to enter the Burlington Canal while the lift bridge is not raised or while a flashing blue light is not shown in its direction, unless it waits at the side of the canal to its starboard at a distance of 90 m or more from the lift bridge until the bridge is raised or a flashing blue light is shown in its direction.

Marginal note: Prohibition — under sail

308  It is prohibited for a vessel to navigate under sail in the Burlington Canal.

DIVISION 3 St. Clair River and Detroit River

309   (1)  This Division, other than section 314, applies in respect of

(a)  all vessels in Canadian waters between Lake Erie and Lake Huron; and

(b)  all Canadian vessels in the waters of the United States between buoy “1” of the East Outer and West Outer Channels at the Lake Erie entrance to the Detroit River and Lake Huron Cut Lighted Buoy “11” and including the Rouge River and Short Cut Canal from Detroit Edison Cell Light “1” to the head of navigation.

Marginal note: Exception — section 311

(2)  Section 311 does not apply in respect of a vessel referred to in subsection (1) unless the vessel is required under Part 2 to be fitted with a VHF radio installation or VHF radio telephone.

Marginal note: Exception — sections 312 and 313

(3)  Sections 312 and 313 do not apply in respect of a vessel referred to in subsection (1) that is

(a)  a vessel engaged in icebreaking, search and rescue or servicing aids to navigation that is

(i)  a government vessel,

(ii)  owned by and in the service of the government of the United States, or

(iii)  in the exclusive possession of the government of the United States; or

(b)  a vessel engaged in river or harbour improvements, if it is operated in a safe and prudent manner and other vessels have been warned of those operations.

Marginal note: Application — section 314

(4)  Section 314 applies in respect of a vessel referred to in subsection (1) that is

(a)  a power-driven vessel that is 55 m or more in length;

(b)  a vessel that is 20 m or more in length propelled only by sails;

(c)  a towboat; or

(d)  a floating plant.

Marginal note: Conflict

310  In the event of any inconsistency between this Division and the laws of the United States, the laws of the United States prevail to the extent of the inconsistency in respect of a Canadian vessel while it is in United States waters.

311  Every vessel must maintain a continuous listening watch in accordance with Radio Aids to Marine Navigation published by the Canadian Coast Guard and make traffic reports to the Canadian Coast Guard Marine Communications and Traffic Services Centre located in Sarnia, Ontario, under the circumstances set out in that publication.

Marginal note: Detroit River restrictions

312   (1)  It is prohibited for a vessel in the Detroit River to

(a)  proceed upbound in the West Outer Channel;

(b)  proceed downbound in the Amherstburg Channel east of Bois Blanc Island;

(c)  proceed upbound in the Livingstone Channel west of Bois Blanc Island; and

(d)  overtake another vessel between Bar Point Pier Light “D33” and Fighting Island South Light if there is a risk that the vessel will meet a third vessel proceeding in the opposite direction while the overtaking is taking place.

Marginal note: Exception — paragraph (1)(b)

(2)  Despite paragraph (1)(b), the Assistant Commissioner may authorize a vessel to proceed downbound in the Amherstburg Channel east of Bois Blanc Island if the safety of navigation is not compromised.

Marginal note: Overtaking prohibited

313  It is prohibited for a vessel to overtake another vessel

(a)  in the St. Clair River between St. Clair Flats Canal Light “2” and Russell Island Light “33”, unless the vessel being overtaken is a towboat;

(b)  in the Rouge River; and

(c)  in the Detroit River between the west end of Belle Isle and Peche Island Light, unless the vessel being overtaken

(i)  is a towboat; or

(ii)  has checked down its speed to await berth availability or to make the turn for Rouge River and has so advised the Canadian Coast Guard Marine Communications and Traffic Services Centre located in Sarnia, Ontario.

Marginal note: Area of one-way traffic

314  The waters between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” constitute an area of alternating one-way traffic where the following rules apply

(a)  a vessel must not, in that area, overtake or meet another vessel or come about;

(b)  a moored vessel must not get underway until it is able to proceed through those waters without passing or being passed by another vessel;

(c)  a downbound vessel that has reached Lake Huron Cut Light “7” has the right-of-way over an upbound vessel that has not yet reached the St. Clair/Black River Junction Light; and

(d)  an upbound vessel awaiting the transit of a downbound vessel must wait its turn below the St. Clair/Black River Junction Light.

Marginal note: Embark, disembark or exchange pilot

315  It is prohibited for a vessel to embark, disembark or exchange a pilot between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” unless, because of the weather, it is unsafe to carry out that activity at the normal pilotage ground above Lake Huron Cut Lighted Buoy “1”.

Marginal note: Navigation safety calls

316  Every vessel must, by using navigation safety calls, communicate its intentions to any other vessel in the vicinity and ensure that the movements of the vessels are coordinated and there is an agreement between the vessels before proceeding to overtake or meet the other vessel.

Marginal note: Anchorage rules

317  In the St. Clair and Detroit Rivers, it is prohibited for a vessel to anchor in such a manner that it could swing into the channel or across steering courses.

Marginal note: Floating plant activities

318  A floating plant may be operated, anchored or moored for the purposes of engaging in dredging, construction or wrecking only if the person having conduct of the floating plant obtains an authorization from the Assistant Commissioner, the District Commander, the Captain of the Port or the Windsor harbour master having jurisdiction in waters in which the floating plant will operate, anchor or moor, on such terms and conditions as are necessary to ensure the safety of navigation.

Marginal note: Speed limits

319  Except when required for the safety of the vessel or any other vessel, a vessel that is 20 m or more in length must not proceed at a speed greater than

(a)  10.4 knots between

(i)  Fort Gratiot and St. Clair Flats Canal Light “2”, and

(ii)  Peche Island Light and Bar Point Pier Light “D33”;

(b)  3.5 knots in the Rouge River; and

(c)  5 knots in the navigable channel south of Peche Island.

Marginal note: Towboat

320   (1)  It is prohibited for a towboat to drop or anchor its tows in such a manner that they could swing into a channel or across steering courses.

Marginal note: Prohibition against obstructing navigation

(2)  It is prohibited for a towboat engaged in arranging its tow to obstruct the navigation of other vessels.

Marginal note: Temporary instructions

321  Despite anything in this Division, a vessel must comply with temporary instructions to proceed in a certain manner or by a certain route, to anchor in a certain place or not to proceed or anchor except as specified in lieu of or in addition to any provisions of this Division if because of channel obstructions, a casualty, the weather, ice conditions, water levels or other unforeseen or temporary circumstances, compliance with this Division would be impossible, impracticable or unsafe or would cause a risk of pollution, and the instructions are

(a)  given by the Assistant Commissioner, in the case of Canadian waters, or the District Commander or the Captain of the Port, in the case of the waters of the United States; and

(b)  published in Notices to Mariners or a navigational warning.

[ 322 to 399 reserved]

PART 4 Transitional Provision, Consequential Amendments, Repeals and Coming into Force

Transitional provision.

Marginal note: Application – subsection 118(1)

400  Subsection 118(1) does not apply until 180 days after the day on which this section comes into force, except in the case of the following vessels in respect of which that subsection applies beginning on the day on which this section comes into force:

(a)  a passenger vessel of 150 gross tonnage or more that is engaged on an international voyage;

(b)  a vessel of 300 gross tonnage or more, other than a fishing vessel, that is engaged on an international voyage; and

(c)  a vessel of 500 gross tonnage or more, other than a fishing vessel, that is not engaged on an international voyage.

Consequential Amendments

Canada shipping act, 2001, large fishing vessel inspection regulations.

401  [Amendments]

402  [Amendments]

Life Saving Equipment Regulations

403  [Amendments]

404  [Amendments]

405  [Amendments]

406  [Amendments]

Fishing Vessel Safety Regulations

407  [Amendments]

408  [Amendments]

409  [Amendments]

Steering Appliances and Equipment Regulations

410  [Amendments]

411  [Amendments]

Competency of Operators of Pleasure Craft Regulations

412  [Amendments]

Marine Personnel Regulations

413  [Amendments]

414  [Amendments]

415  [Amendments]

416  [Amendments]

417  [Amendments]

Small Vessel Regulations

418  [Amendments]

419  [Amendments]

420  [Amendments]

Long-Range Identification and Tracking of Vessels Regulations

421  [Amendments]

422  [Amendments]

423  [Amendments]

424  [Amendments]

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Newfoundland offshore petroleum installations regulations.

425  [Amendments]

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Nova scotia offshore petroleum installations regulations.

426  [Amendments]

Canada Oil and Gas Operations Act

Canada oil and gas installations regulations.

427  [Amendments]

428  The following Regulations are repealed:

(a)  the VHF Radiotelephone Practices and Procedures Regulations Footnote 12 ;

Return to footnote 12 SOR/81-364

(b)  the St. Clair and Detroit River Navigation Safety Regulations Footnote 13 ;

Return to footnote 13 SOR/84-335

(c)  the Anchorage Regulations Footnote 14 ;

Return to footnote 14 SOR/88-101

(d)  the Burlington Canal Regulations Footnote 15 ;

Return to footnote 15 SOR/89-222

(e)  the Charts and Nautical Publications Regulations, 1995 Footnote 16 ;

Return to footnote 16 SOR/95-149

(f)  the Ship Station (Radio) Regulations, 1999 Footnote 17 ;

Return to footnote 17 SOR/2000-260

(g)  the Ship Station (Radio) Technical Regulations, 1999 Footnote 18 ;

Return to footnote 18 SOR/2000-265

(h)  the Navigation Safety Regulations Footnote 19 ; and

Return to footnote 19 SOR/2005-134

(i)  the Voyage Data Recorder Regulations Footnote 20 .

Return to footnote 20 SOR/2011-203

Coming into Force

Marginal note: Registration

429   (1)  Subject to subsection (2), these Regulations come into force on the day on which they are registered.

Marginal note: First anniversary

(2)  Section 117 and subsection 118(3) come into force on the first anniversary of the day on which these Regulations are registered.

SCHEDULE 1 (Subsection 101(1), paragraphs 101(6)(a) and 109(1)(a) and subsection 109(2))

Standards Respecting Equipment

SCHEDULE 2 (Subsection 101(7) and paragraph 105(b))

Standards Respecting Equipment Before July 1, 2002

SCHEDULE 3 (Subsection 222(1))

Performance Standards and Testing Standards

SCHEDULE 4 (Subsections 252(2), 253(1) and 254(1))

VHF Radiotelephone Channels for Listening Watches and Navigation Safety Calls

SCHEDULE 5 (Sections 301 and 302) Prohibited Waters

1  Conception Bay — Newfoundland

Beginning at the lighted cable sign in Broad Cove, Newfoundland, in the position latitude 47°35′45″N., longitude 52°53′10″W., as shown on Canadian Hydrographic Service Chart 4566, edition dated November 23, 1962; thence in a straight line to the position latitude 47°35′45″N., longitude 52°53′37″W.; thence in a straight line to the position latitude 47°37′12″N., longitude 52°55′44″W.; thence in a straight line to the cable landing at Bell Island, Newfoundland, in position latitude 47°37′37″N., longitude 52°56′00″W.; thence in a straight line to the position latitude 47°37′37″N., longitude 52°55′16″W.; thence in a straight line to the position on the shore latitude 47°36′09″N., longitude 52°53′06″W.; thence following the high water mark in a southwesterly direction to the point of beginning.

2  Random Sound — Newfoundland

Beginning at a point on the high-water mark at the easterly extremity of East Random Head, as shown on Canadian Hydrographic Service Charts 4545 and 4546, editions dated May 6, 1983 and January 24, 1964, respectively; thence in a straight line to a point on the high-water mark at the easterly extremity of West Random Head; thence following the high-water mark in a westerly direction to a point on the shore at latitude 48°03′04″N., longitude 53°38′42″W.; thence in a straight line to a point on the high-water mark of Middle Cliff at latitude 48°03′54″N., longitude 53°40′26″W.; thence following the high-water mark in a westerly and northerly direction to the easterly extremity of Red Point; thence in a straight line to a point on the high-water mark at the westerly extremity of Brown Mead; thence following the high-water mark in a southerly and easterly direction to the point of beginning.

3  Northumberland Strait — Between New Brunswick and Prince Edward Island

Beginning at a point on the high-water mark at Cape Bruin, New Brunswick, located at latitude 46°10′58″N., longitude 63°58′42″W., as shown on Canadian Hydrographic Service Chart 4406, edition dated July 12, 1985; thence in a straight line to a point on the high-water mark at Fernwood, P.E.I., latitude 46°19′15″N., longitude 63°48′55″W.; thence following the high-water mark in a southerly and easterly direction to a point on the shore at latitude 46°18′30″N., longitude 63°46′09″W.; thence in a straight line to a point on the high-water mark at Botsford, N.B., latitude 46°10′01″N., longitude 63°56′00″W.; thence following the high-water mark in a northwesterly direction to the point of beginning.

4  Welland Canal entrances — Ontario

(a)  Lake Ontario: beginning at a point north of the Port Weller Entrance to the Welland Canal located at latitude 43°14′40″N., longitude 79°13′40″W., as shown on Canadian Hydrographic Service Chart 2063, edition dated December 2, 1983; thence in a 090° direction for approximately 0.9 nautical miles to a position located at latitude 43°14′40″N., longitude 79°12′28″W.; thence in a 009° direction for approximately 2.6 nautical miles to a position located at latitude 43°17′16″N., longitude 79°11′50″W.; thence in a 270° direction for approximately 1.7 nautical miles to a position located at latitude 43°17′16″N., longitude 79°14′15″W.; thence in a 171° direction for approximately 2.6 nautical miles to the point of beginning; and

(b)  Lake Erie: beginning at a point south of the Port Colborne Entrance to the Welland Canal located at latitude 42°51′55″N., longitude 79°15′53″W., as shown on Canadian Hydrographic Service Chart 2120, edition dated March 7, 1986; thence in a 110° direction for approximately 0.9 nautical miles to a position located at latitude 42°51′37″N., longitude 79°14′44″W.; thence in a 191° direction for approximately 2.6 nautical miles to a position located at latitude 42°49′3″N., longitude 79°15′24″W.; thence in a 290° direction for approximately 1.7 nautical miles to a position located at latitude 42°49′38″N., longitude 79°17′36″W.; thence in a 029° direction for approximately 2.6 nautical miles to the point of beginning.

5  Parry Bay — British Columbia

Beginning at a point on the high-water mark of Albert Head located at latitude 48°23′05″N., longitude 123°28′48″W., as shown on Canadian Hydrographic Service Chart 3440, edition dated March 11, 1983; thence in a straight line to a point at latitude 48°21′12″N., longitude 123°30′54″W.; thence in a straight line to a point on the high-water mark at latitude 48°21′51″N., longitude 123°31′57″W.; thence in a northerly and easterly direction along the high-water mark of Parry Bay to the point of beginning.

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Canada Gazette, Part I, Volume 153, Number 24: Navigation Safety Regulations, 2019

June 15, 2019

Navigation Safety Regulations, 2019

Statutory authorities Canada Shipping Act, 2001 Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Canada Oil and Gas Operations Act

Sponsoring department Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

( This statement is not part of the Regulations. )

Executive summary

  • Issues: Between 2008 and 2017, there was an average of 16 fatalities and 50 serious injuries per year from incidents on board commercial vessels in Canadian waters. Collisions, groundings and ship strikes collectively account for around 20% of all reported marine accidents per year. While the trend in recent years has been improving, 2018 was a particularly tragic year, with 21 fatalities and 52 serious injuries. It has been determined that there is a strong need for additional measures to enhance navigation safety in terms of collision avoidance and search and rescue efforts. Further, many of the provisions in regulations related to marine navigation safety and radiocommunications do not reflect updates to the Canada Shipping Act, 2001 and Chapter IV (Maritime Radiocommunications) and Chapter V (Navigation Safety) of the International Convention for the Safety of Life at Sea (SOLAS Convention) [to which Canada is a signatory], and must be amended to align accordingly.
  • Description: This regulatory proposal would consolidate requirements found in 10 existing regulations relating to navigation safety and radiocommunications into one regulation: the proposed Navigation Safety Regulations, 2019 (the proposed Regulations). At the same time, 9 of those existing regulations would be repealed. Further, the consolidated provisions would be enhanced to (i) expand the carriage requirements of distress alerting and communication equipment; (ii) expand the carriage requirements for equipment designed to improve the situational awareness of vessel operators; (iii) incorporate by reference Chapter IV and Chapter V of the SOLAS Convention; (iv) bring the regulatory regime in line with the Canada Shipping Act, 2001 by updating terminology; and (v) respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, the Auditor General, and the Standing Joint Committee for the Scrutiny of Regulations.
  • Rationale: Expanding the carriage requirements of navigation safety and radiocommunication equipment to a wider category of vessels would enhance marine safety in terms of collision avoidance and search and rescue efforts and would address recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, and the Auditor General of Canada. Aligning Canada’s regulations with amendments to Chapter IV and Chapter V of the SOLAS Convention would allow Canada to meet its international commitments, support harmonization efforts with other jurisdictions, and create a clearer and simpler set of regulatory requirements while improving safety. This regulatory initiative would also allow Transport Canada to address minor concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding some of the wording in the existing Charts and Nautical Publications Regulations, 1995 . Finally, the proposed Regulations would create a clearer and more coherent set of requirements for industry by updating terminology to bring it in line with the Canada Shipping Act, 2001 , and by bringing together all requirements respecting navigation safety and radiocommunications into one regulation.

Distress alerting and communication, and situational awareness measures

Collisions, groundings and ship strikes collectively account on average for around 20% of all reported marine accidents. footnote 1 These occurrences can result in the release of pollutants, serious injuries, and death. Improved navigation safety as provided by up-to-date navigation and radiocommunication equipment would reduce navigational errors that can result in vessels running aground, or colliding with other vessels, which would, in turn, result in greater safety of life and property at sea, and greater protection of the marine environment.

According to marine occurrence data footnote 2 of the Transportation Safety Board, there was an average of 16 fatalities and 50 serious injuries per year from marine occurrences involving commercial vessels in Canadian waters between 2008 and 2017. Many of these fatalities and serious injuries resulted from vessels becoming distressed with no opportunity to signal for help. The Chief Coroner for the Leviathan II marine incident, the Transportation Safety Board, and the Auditor General of Canada have all recommended mandatory carriage of a means to send a distress alert ashore, via beacon, for all commercial vessels on a voyage outside sheltered waters. footnote 3 This would increase the ability of search and rescue units to locate vessels in distress and reduce response times. The Transportation Safety Board report findings from the Pop’s Pride and the Brier Mist marine incidents, among others, identified safety deficiencies related to the absence of emergency position indicating radiobeacons (EPIRBs).

Alignment with Chapter IV and Chapter V of the International Convention for the Safety of Life at Sea

As a result of amendments to Chapter V (Safety of Navigation) of the SOLAS Convention that were adopted by the International Maritime Organization and amendments to Chapter IV (Radiocommunications) of the Convention that will be adopted, the requirements found in the Navigation Safety Regulations must to be updated to align with these new international standards. As a signatory to the SOLAS Convention, Canada must abide by it. Failure to align with these standards would diminish Canada’s current perceived leadership internationally, as it would be seen as not abiding by the Convention regime it has helped to develop.

Response to issues raised by the Standing Joint Committee for the Scrutiny of Regulations

The Standing Joint Committee for the Scrutiny of Regulations has expressed minor concerns regarding some of the wording in the Charts and Nautical Publications Regulations, 1995 . Specifically, the Committee had concerns about the clarity of certain subsections within these Regulations that relate to the electronic chart display and information system (ECDIS) optional carriage requirement. As the carriage requirement for an ECDIS would be made mandatory (for certain vessels and new builds) through this regulatory proposal’s incorporation by reference of Chapter V of the SOLAS Convention, the wording would at the same time be made clearer.

Improving clarity

Requirements respecting the carriage of navigation safety and radiocommunication equipment are currently spread out across 10 separate regulations. Consolidating these requirements into a single regulation would make it easier for regulated parties to understand and meet the requirements.

Furthermore, the wording in the current regulations is out-of-date, based on terminology used in the former Canada Shipping Act, which was replaced by the Canada Shipping Act, 2001 in 2007. Updating terminology to align with the Canada Shipping Act, 2001 would make regulatory requirements clearer and easier to follow.

Navigation safety is achieved through a suite of regulations under the Canada Shipping Act, 2001 . Some of these regulations have not been amended for many years and no longer align with the Canada Shipping Act, 2001 , or reflect recent amendments to Chapter IV and Chapter V of the SOLAS Convention.

On October 25, 2015, the Leviathan II , a passenger vessel with 27 people on board, capsized while on a whale-watching excursion off Plover Reefs, in Clayoquot Sound, British Columbia. The crew aboard the vessel were unable to issue a call for distress until a flare was fired 40 minutes after the incident. The ensuing search and rescue operation was hampered by a miscommunication relating to the vessel’s location. As a result, six people died, and approximately 2 000 L of fuel leaked into the water. footnote 4

The Coroner’s report for the Leviathan II marine incident recommended that regulations regarding EPIRBs be reviewed with a consideration to expanding the class of vessels required to carry these devices. This echoed a number of other recommendations made to Transport Canada, including the following:

  • Transportation Safety Board Recommendation M00-09, made in 2000, which recommended that small fishing vessels engaged in coastal voyages carry an EPIRB or other appropriate equipment that floats free, automatically activates, alerts the search and rescue system and provides position updates and homing-in capabilities;
  • Transportation Safety Board Recommendation M17-03, made in 2017, which recommended that Transport Canada require all passenger vessels operating beyond sheltered waters to carry an EPIRB to reduce search time and save lives; and
  • The Auditor General Report 2013, Chapter 7, Federal Search and Rescue Activities , which recommended that Transport Canada consider the use of digital emergency beacons on board additional classes of boats and airplanes to reduce search time.

The objectives of this regulatory initiative are the following:

  • Reduce the risk of loss of life or serious injury at sea, potential marine incidents, and oil spills through the expansion of navigation safety and radiocommunication equipment carriage requirements (emergency position indicating radiobeacons, automatic identification systems, electronic chart display and information systems, bridge navigational watch and alarm system, very high frequency-digital selective calling and two-way radiocommunications);
  • Reduce the cost of emergency response (distress and oil spill response activities) by conducting faster and more precise searches of smaller areas;
  • Maintain alignment with international standards by incorporating by reference Chapter IV (Radiocommunications) and Chapter V (Safety of Navigation) of the SOLAS Convention, as amended from time to time;
  • Improve clarity by updating terminology to align with the Canada Shipping Act, 2001 ;
  • Respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, and the Auditor General of Canada;
  • Address concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations; and
  • Create a clearer and more coherent set of requirements for industry by bringing together all requirements respecting navigation safety and radiocommunications into one regulation.

Description

This regulatory proposal would repeal nine existing regulations related to navigation safety and radiocommunication and consolidate them into one new regulation: the Navigation Safety Regulations, 2019 .

The following regulations would be repealed (the regulations that require more substantive changes appear in bold):

  • Navigation Safety Regulations (domestic regulation pertaining to Chapter V of the SOLAS Convention)
  • Voyage Data Recorder Regulations (domestic regulation pertaining to Chapter IV of the SOLAS Convention)
  • Charts and Nautical Publications Regulations, 1995 (domestic regulation pertaining to Chapter V of the SOLAS Convention)
  • Ship Station (Radio) Regulations, 1999 (domestic regulation pertaining to Chapter IV of the SOLAS Convention)
  • Ship Station (Radio) Technical Regulations, 1999 (domestic regulation pertaining to Chapter IV of the SOLAS Convention)
  • VHF Radiotelephone Practices and Procedures Regulations (domestic regulation pertaining to Chapter IV of the SOLAS Convention)
  • Anchorage Regulations (prohibitions)
  • Burlington Canal Regulations (limitations)
  • St. Clair and Detroit River Navigation Safety Regulations (limitations)

This regulatory initiative would also transfer requirements relating to navigation safety from a tenth regulation, the Steering Appliances and Equipment Regulations, to the proposed Regulations. Although most of the requirements from the Steering Appliances and Equipment Regulations would be transferred over to the proposed Regulations, sections related to the construction of vessels will remain intact; therefore, this regulation would not be repealed.

Along with this consolidation, proposed enhancements to certain provisions currently contained in the 10 regulations would (i) expand the carriage requirements of distress alerting and communication equipment; (ii) expand the carriage requirements for equipment designed to improve the situational awareness of vessel operators; (iii) align with international standards by incorporating by reference Chapter IV and Chapter V of the SOLAS Convention; (iv) update terminology to match the Canada Shipping Act, 2001 ; (v) respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, and the Auditor General of Canada; and (vi) address concerns of the Standing Joint Committee for the Scrutiny of Regulations.

Distress alerting and communication measures

Distress alerting equipment requirements.

The existing regulations that deal with distress alerting and communication measures [i.e. the Ship Station (Radio) Regulations, 1999 and the Ship Station (Radio) Technical Regulations, 1999 ] would be repealed and incorporated into the proposed Regulations. At the same time, the proposed Regulations would be enhanced to increase the carriage of distress alerting equipment by requiring

  • 1. a vessel on a near coastal voyage, Class 1 footnote 5 or an unlimited voyage to be equipped with a float-free EPIRB;
  • 2. a vessel that is more than 12 m in length on a near coastal voyage, Class 2 footnote 6 to be equipped with a float-free EPIRB; and
  • (i) a float-free EPIRB;
  • (ii) a manually-activated EPIRB;
  • (iii) a 406 MHz (megahertz) personal locator beacon (PLB); or
  • (iv) a portable very high frequency (VHF) radiotelephone capable of digital selective calling (DSC) in the case of a vessel that is less than 8 m in length and which operates exclusively in areas within the range of at least one VHF coast station in which continuous DSC alerting is available.

Very high frequency radios with digital selective calling

The proposed Regulations would increase carriage of VHF radios with DSC by requiring

  • (i) more than 8 m in length;
  • (ii) a passenger-carrying vessel; or
  • (iii) a towboat.
  • 2. Despite the above, a vessel that does not carry more than six passengers or is less than 8 m in length may carry a very high frequency handheld radio capable of digital selective calling.

Means of two-way radiocommunications

The proposed Regulations would increase carriage of two-way radiocommunications by requiring

  • (i) transporting passengers more than two nautical miles from shore;
  • (ii) carrying more than six passengers; or
  • (iii) engaged on a voyage beyond the limits of a near coastal voyage, Class 2.

Situational awareness measures

Automatic identification systems.

The proposed Regulations would require new categories of vessels to have an automatic identification system (AIS), Class A on board. An AIS is a navigational tool that provides information, such as the ship’s identity, type, position, speed, and other safety-related information. An AIS transmits and receives data from vessels and from shore over very high radio frequencies. When carried on board vessels, an AIS can enhance situational awareness and provide useful information for search and rescue responders.

A Class A AIS would be required on board the following vessels:

  • (i) a non-pleasure vessel of 20 m or more in length;
  • (ii) a vessel carrying more than 50 passengers;
  • (iii) a vessel carrying dangerous goods or pollutant in bulk cargo;
  • (iv) a dredge or floating plant; or
  • (v) a towboat that is more than 8 m in length.

Incorporation by reference

The proposed Regulations would incorporate by reference Chapter IV and Chapter V of the SOLAS Convention, as amended from time to time. This would alleviate the need to update the proposed Regulations when changes are made to these Chapters in the future.

Because Canada is active in the development of the ongoing International Maritime Organization’s Global Maritime Distress and Safety System modernization project, the Department’s involvement allows it to provide input and “future proof” the content related to Chapter IV of the SOLAS Convention to ensure minimal changes to regulations would be required when the modernization project comes into effect.

While all of the requirements found in Chapter IV of the SOLAS Convention are already contained in Canadian regulations due to past updates, two new requirements would be introduced by the incorporation by reference of Chapter V, as outlined below.

Bridge navigational watch and alarm system

Chapter V of the SOLAS Convention requires a bridge navigational watch and alarm system (BNWAS) on board certain vessels. A BNWAS is used to detect when the officer on watch on the bridge of a vessel is absent or incapacitated (sleeping or suffering from health problems that make them unable to attend to their duties). The purpose is to alert others on board the vessel so that the situation can be corrected before an accident takes place.

Under the proposed Regulations, vessels that are 150 gross tonnage or more and engaged on an international voyage or vessels that are 500 gross tonnage or more would be required to have a BNWAS.

Electronic chart display and information system

Chapter V of the SOLAS Convention requires the carriage of an electronic chart display and information system (ECDIS) on board certain vessels engaged on an international voyage. An ECDIS is a navigational information system that can be used as an alternative to paper charts. This system assists in the navigation of vessels by integrating information from the Global Positioning System and other navigation tools such as radar.

In addition, the proposed Regulations would add a new requirement for Canadian vessels constructed or registered on or after the date of entry into force of the Navigation Safety Regulations, 2019 to be fitted with an ECDIS on any voyage, if they fall under the following categories:

  • 1. passenger vessels of 500 gross tonnage or more; or
  • 2. non-passenger vessels of 3 000 gross tonnage or more.

Incorporation by reference of annual Notices to Mariners

Section A5 of the annual Notices to Mariners, which is published online by the Canadian Coast Guard, would be incorporated into the proposed Regulations, replacing the content of what can currently be found in section 82 and Annex 3 of the Navigation Safety Regulations . This template is used when the Regulations require a vessel to transmit a danger message.

Alignment with the Canada Shipping Act, 2001

Updating terminology.

Some of the terminology found in requirements that would be consolidated into the proposed Regulations does not currently align with the Canada Shipping Act, 2001 . Specifically, the voyage classifications need to be updated from the nine classifications that were in the previous Canada Shipping Act to the four that were introduced by the coming into force of the Canada Shipping Act, 2001 :

  • Unlimited voyage (unlimited);
  • Near coastal voyage, Class 2 (NC2);
  • Near coastal voyage, Class 1 (NC1); and
  • Sheltered waters.

Regulatory development

Consultations.

Affected stakeholders include all operators of commercial vessels (vessels of all sizes, including fishing vessels, workboats, water taxis, and ferries). There are 52 470 active vessels registered with Transport Canada.

Other stakeholders and partners would include

  • (i) representatives of shipping companies;
  • (ii) the fishing industry;
  • (iii) other stakeholders who have a recognized interest concerning marine safety;
  • (iv) municipalities that operate boats;
  • (v) pleasure craft operators (no regulatory amendment is required for pleasure craft);
  • (vi) Indigenous communities;
  • (vii) the Canadian Coast Guard;
  • (viii) shipyards and vessel repair facilities; and
  • (ix) radiocommunication equipment suppliers.

Consultations on this initiative were held through the regional Canadian Marine Advisory Council and the national Canadian Marine Advisory Council (since 2007) through the Standing Committee on Navigation Safety and Operations. The marine industry has been consulted and was provided with regular updates during the development of the revised requirements of Chapters IV and V of the SOLAS Convention through the national Canadian Marine Advisory Council. Approximately 300 letters were also sent out in January 2018 to operators of larger fishing vessels, who do not typically attend Canadian Marine Advisory Council meetings, informing them of the proposed Navigation Safety Regulations , 2019 and inviting them to provide comments on the regulatory initiative. The feedback from these consultations has been taken into consideration in the development of the proposed Regulations.

Online consultations were also launched on November 14, 2018, using Transport Canada’s Let’s Talk Transportation platform. Comments were received from three stakeholders. One comment was supportive of the proposed changes, but asserted that the AIS requirements did not go far enough and should be further expanded to cover all commercial vessels. The second comment requested that Transport Canada consider including an existing International Organization for Standardization provision on compass adjustments and inspection allowances to the proposed Regulations. As Transport Canada relies on performance-based standards to ensure that compasses are adjusted properly, an adjustment to the regulatory text will not be required. The third comment expressed concern with regard to the possible emission of high frequencies from certain AIS units, which could potentially harm marine life. As these systems do not emit sound waves, they are therefore not a threat to marine life.

Stakeholder reaction regarding this regulatory initiative has been positive. It is anticipated that this regulatory proposal will garner high support and low opposition from concerned stakeholders. Throughout the consultations, stakeholders were significantly involved in the development of the proposed Regulations and were supportive of the regulatory requirements. The only opposition expressed was by owners of fishing vessels that are greater than 12 m in length that operate in the Great Lakes. As their vessels do not travel long distances, some of these operators did not agree with the requirement for a float-free EPIRB on board vessels that are greater than 12 m when operating close to shore. Transport Canada determined that an exemption would not be warranted based on investigations and subsequent recommendations put forward by the Transportation Safety Board.

In 2016, there was also some opposition expressed by vessel operators with regard to the BNWAS carriage requirement. Discussions have ensued since then, and a few exemptions from this requirement were considered for certain vessels. It was decided that ferries that are travelling less than five nautical miles would be exempted from this carriage requirement. Otherwise, affected stakeholders have been supportive of this regulatory proposal.

Modern treaty obligations and Indigenous engagement and consultations

It is anticipated that this regulatory proposal will impact a very minimal number of Indigenous peoples and will not impact social and ceremonial activities.

Transport Canada has consulted and is continuing to consult on this regulatory initiative through the regional Canadian Marine Advisory Council, which includes representatives of Indigenous groups.

Instrument choice

For this regulatory initiative, no other options were considered, as the intent of the regulatory initiative is to consolidate requirements found in 10 existing regulations related to navigation safety and radiocommunications into one comprehensive regulation and to align the proposed Regulations with the Canada Shipping Act, 2001 and Chapters IV and V of the SOLAS Convention.

Regulatory analysis

Benefits and costs.

The proposed Navigation Safety Regulations, 2019 would expand carriage requirements for distress alerting equipment and situational awareness equipment. The quantified impacts of the expanded carriage requirements would result in a net present value of $149.3 million between 2019 and 2030. footnote 7 The total present value benefits are $227.0 million, which is the monetized value of the avoided loss of life, serious injury, and collision damage. The present value total cost of the proposed amendments is $77.9 million, the majority of which is attributable to expanded carriage requirements for AISs and emergency beacons.

Consequential provisions in the proposed amendments are presented separately in this cost-benefit analysis (CBA). Each part contains the total costs and benefits for all of the associated requirements. Part 1 of the CBA examines the impacts associated with the distress alerting and communication measures. Part 2 considers the impacts associated with the situational awareness measures. Parts 3 and 4 address the amendments related to incorporation by reference and alignment with the Canada Shipping Act, 2001 , neither of which has quantified impacts. A copy of the CBA is available upon request.

Along with expanded carriage requirements, there are many proposed amendments necessary for consolidating 10 regulations into a single regulation to ensure consistency of terminology and to avoid duplication; they have not been considered as part of the CBA.

Analytical framework

The cost-benefit analysis is conducted by estimating the benefits and costs associated with the difference in the number of vessels carrying the required safety equipment in a scenario where the proposed requirements are not put in place (the baseline scenario) and when the proposed requirements are in place (the policy scenario).

In the baseline scenario, Canadian vessels are expected to comply with all existing applicable national and international regulations. The existing regulatory requirements for each type of equipment, the baseline forecasts for the number of vessels carrying particular equipment and for the number of occurrences associated with that equipment are discussed in subsections pertaining to each equipment type.

In 2017, there were 52 470 active vessels in the Canadian Register of Vessels. footnote 8 Based on an assumed average annual growth rate of 2.77% for all vessels, it is expected that there would be about 75 000 active vessels in Canada by 2030.

1. Impacts associated with distress alerting and communication measures

The proposed amendments would expand the carriage requirements for emergency beacons and very high frequency-digital selective calling radios, as well as mandate a two-way means of communicating to the shore. The quantified net present value of the provisions is $197.6 million. A summary of the annual benefits and costs is presented in Table 2.

The quantified benefit of these requirements is a present value of $214.5 million, which is the value of the expected reduction in serious injuries or lives lost at sea. These requirements would also result in savings for search and rescue services, since the use of beacons and improved communications between vessels and search and rescue services would allow them to conduct their operations more efficiently.

The present value total cost of the proposed distress alerting and communications measures would be $16.9 million. The majority of the costs are due to expanding emergency beacon carriage requirements, which total $13.8 million. Government costs associated with administering registered beacons would be $1.5 million, while the total cost to Government of compliance with the proposed amendments would be $0.3 million. Expanded carriage requirements for two-way communications ($1.2 million) and very high frequency-digital selective calling radios ($0.1 million) make up the remainder.

Note: Values are presented in 2017 constant dollars for a period between 2019 and 2030 and reported as the 2018 present value using a 7% discount rate. Figures may not add up to totals due to rounding.

1.1 Proposal for expanding distress alerting equipment requirements

An emergency position indicating radiobeacon is a battery-operated device that can transmit a distress signal, along with its location and vessel information to search and rescue services. Float-free emergency position indicating radiobeacons are secured to the vessel in a manner that allows them to be released and activated automatically in the event that the vessels sink. A portable very high frequency-digital selective calling radio is a handheld device (like a walkie-talkie) that is capable of transmitting an emergency data signal containing the radio’s maritime mobile service identity number and global navigation satellite system coordinates. Portable very high frequency-digital selective calling radios are worn by navigation officers, and distress signals can be triggered by pressing an alarm button, usually located on the back of the unit. When registered with the Canadian Beacon Register, footnote 9 emergency position indicating radiobeacons provide first responders with additional information that can provide valuable input into the rescue operation.

1.1.1 Affected vessels

As of December 2018, there were 8 796 vessels carrying at least one active emergency beacon in the Canadian Beacon Registry. footnote 10 While many of these vessels are required to carry emergency beacons under the Ship Station (Radio) Regulations, 1999 and the Fishing Vessel Safety Regulations , footnote 11 several do so voluntarily. Larger vessels may carry multiple beacons.

In 2020, the year that the proposed carriage requirements will come into force, approximately 19 123 vessels would be required to carry an emergency beacon in the policy scenario. In the baseline scenario, 9 210 vessels are expected to carry at least one emergency beacon, in 2020. So the incremental number of vessels required to carry emergency beacons would be 9 913. Of this total, 150 vessels are owned by federal, provincial, or municipal governments.

1.1.2 Benefits of expanding distress alerting equipment requirements

The present value total benefit of the distress alerting equipment requirements is $214.5 million. This is the monetized value of the loss of life at sea or serious injuries that would be prevented due to the expended carriage requirements. These provisions would also reduce time spent searching for vessels that have signalled distress, resulting in avoided costs for search and rescue services. Due to modelling constraints, the savings to search and rescue services are not quantified.

Between 2008 and 2017, a total of 8 159 marine occurrences were reported to the Transportation Safety Board. Occurrence data showed that 587 of these incidents resulted in 162 fatalities and 512 serious injuries. Based on an evaluation of each occurrence, it was determined that 27 fatalities and 12 serious injuries from 10 occurrences could have been avoided or reduced if the vessel involved had a distress alerting system on board. In the central analysis, it is assumed that between 2019 and 2030, an average of 3 fatalities and 1 serious injury per year would be completely avoided in the policy scenario.

Avoided fatalities and serious injuries are monetized by multiplying the number of each by the value of statistical life — $9.13 million for fatalities and $1.24 million for serious injuries (13.42% of the value of statistical life). footnote 12 The present value annual monetized benefit or expanding distress alerting measures is shown in Table 2 above.

1.1.3 Cost to vessel operators of expanding emergency beacon carriage requirements

As stated above, the proposed amendments would expand the number of vessels required to carry an emergency position indicating radiobeacon or a portable very high frequency-digital selective calling radio by around 10 000 vessels in 2020. The present value total cost for the expanded beacon carriage requirements is around $15.6 million. Of that total, $0.3 million would be assumed by federal, provincial or municipal governments to purchase and register emergency beacons on government-owned vessels. Annual costs of the expanded beacon carriage requirements for all vessel operators are shown above in Table 2.

Compliant float-free emergency position indicating radiobeacons and portable very high frequency-digital selective calling radios are available from a variety of retailers and manufacturers for around $600 and $300, respectively. Around 75% of vessels are expected to purchase float-free emergency position indicating radiobeacons. The remaining 25% would purchase portable very high frequency-digital selective calling radios.

The batteries for both types of beacons last an average of six years, and replacement for most units is performed by the manufacturer. Battery replacement costs are similar to the cost of a new unit. Many owners opt to purchase new units when the batteries run low. It is assumed that each year, one sixth of active emergency beacons would be replaced in both the baseline and policy scenarios.

Vessel operators would be required to register their units with the Canadian Beacon Register. There is no charge to register a beacon, but the application does require on average 20 minutes to submit. It is assumed the average hourly wage of an employee registering an emergency beacon is $25.59. footnote 13 The present value total incremental registration cost is around $224,000.

1.1.4 Government costs of expanding beacon carriage requirements

As stated above, around 150 vessels affected by the proposed amendments are owned and operated by federal, provincial, or municipal governments. These vessels would be required to carry an emergency beacon in the policy scenario, but are not expected to carry a beacon in the baseline scenario. As stated above, the total cost to Government of compliance with the proposed amendments is $0.3 million. This total is included in the cost for government compliance and administration in Table 2.

The proposed amendments would not impact the established compliance mechanisms for navigation safety and radiocommunication equipment. Marine safety inspectors would be expected to enforce the new requirements without extending normal inspections. The new requirements would not require additional monitoring to ensure compliance.

There would be no additional administrative costs to Transport Canada since compliance submissions would be submitted to other agencies. The Canadian Beacon Register may require additional resources to process the additional vessel and beacon information. The beacon register is maintained by two full-time employees. The distress alerting requirements would more than double the number of active vessels carrying beacons. Two full-time equivalent positions, each costing around $100,000 per year, would be required to process the increase in submissions. The total present value cost to Government would be $1.5 million between 2019 and 2030.

1.2 Proposal for expanding carriage of very high frequency radios with digital selective calling

The present value total cost for the requirement to carry very high frequency-digital selective calling radios is around $0.12 million.

The very high frequency-digital selective calling radios under this requirement are non-portable, mounted units with a transceiver and microphone (like a CB-radio). As with portable units, mounted very high frequency-digital selective calling radios are capable of transmitting distress signals along with the global positioning system location of the vessel.

More vessels with very high frequency-digital selective calling radios would allow for greater communication between vessels, enabling vessels to send distress signals to others in their area as well as respond to them.

All very high frequency radios on the market today are capable of digital selective calling. However, many vessels still use non-digital selective calling radios. Fixed mounted very high frequency-digital selective calling radios are available from a variety of retailers and manufacturers for around $200.

The proposed requirements would require affected vessels to replace their older, non-digital selective calling radios with new digital selective calling capable versions. These requirements would apply to vessels on inland water voyages. Around 3 032 vessels operating in the Great Lakes Region would be required to upgrade their radio. This replacement would happen gradually. In the baseline scenario, it is assumed that the initial stock of radios is replaced at a constant rate over the next six years. In the policy scenario, all radios are replaced within the compliance year. So replacement costs in subsequent years are avoided, which is why there are negative values in Table 2.

1.3 Proposal for means of two-way radiocommunication

The present value total cost for this requirement would be around $1.2 million.

As a practical matter of self-preservation, most vessels on voyages beyond 25 nautical miles from shore would carry some means for communicating with the authorities on the shore. However, there is no requirement for non-passenger vessels less than 300 gross tonnage to carry a means of two-way communication with a Canadian Coast Guard Marine Communications and Traffic Services Centre or another organization or person on shore that is providing communication.

The proposed Regulations would require vessels of less than 300 gross tonnage to carry a means of two-way communication if beyond the limits of a near coastal voyage, Class 2 (beyond 25 nautical miles from shore).

Requiring additional vessels to carry a two-way means of communication with the shore would enable vessel operators to send a distress signal in the case of a non-urgent occurrence (such as a mechanical failure) where an emergency position indicating radiobeacon would not trigger the appropriate response.

Some vessels, such as fishing vessels that travel beyond 25 nautical miles from shore infrequently, may not carry such equipment. Transport Canada estimates that up to 2% of fishing vessels, around 350, may be affected by this requirement.

This is a performance-based requirement that would allow for a multitude of compliance options. Vessel operators could comply by carrying a satellite telephone. Satellite telephones are available from a variety of retailers for around $1,600 and can include some calling-time credit. It is expected that the telephones would have to be upgraded or replaced every four years, as technology advances.

2. Impacts associated with situational awareness measures

The proposed Regulations would expand the carriage requirements for AISs, BNWASs and electronic chart display and identification systems. The quantified net present value of the proposed expanded carriage requirements would result in a net cost of $48.6 million. Table 3 shows the annual present value quantified benefits and costs for situational awareness measures between 2020 and 2030.

Note: Values are presented in 2017 constant dollars for a period between 2019 and 2030 and reported as the 2018 present value using a 7% discount rate. Figures may not add up to totals due to rounding .

The quantitative benefit for these requirements would be a reduction of marine incidents, including collisions, vessels sinking and groundings. The benefits are monetized by estimating the avoided damage to vessels, cargo, and the environment due to pollution. The present value total benefit of the situational awareness measures from the proposed Regulations would be $12.4 million.

The present value total cost of the proposed situational awareness measures is $61.0 million. Most of the costs would be from the expansion of AIS carriage requirements ($55.7 million). The expansion of the BNWAS would result in a $2.1 million total cost. The regulatory requirements related to ECDIS costs may require some additional training for some vessels, but the cost is expected to be minimal, and is not quantified.

2.1 Proposal for expanding automatic identification system carriage requirements

An AIS is a vessel tracking system and navigational tool that uses a very high frequency radio unit to provide automatic updates to other vessels and land-based stations on a vessel’s position, heading, length, beam, type, draught, and hazardous cargo information. AIS-equipped vessels are able to see information about each other on a display console. More vessels carrying AISs would improve situational awareness, reduce the risk of collision and allow for more efficient search and rescue efforts.

2.1.1 Vessels affected by the expanded automatic identification system carriage requirements

The existing Navigation Safety Regulations require an AIS on board every Canadian commercial vessel of 500 gross tonnage or more, regardless of the type of voyage. footnote 14 Vessels of 300 gross tonnage or more are required to carry an AIS if they are engaged on an international voyage, and vessels of 150 gross tonnage or more are required to carry an AIS if they are carrying 12 passengers or more and are engaged on an international voyage.

Based on data from AIS tracking websites, and the Canadian Registry of Vessels, around 700 vessels are expected to carry an AIS in 2020. Many of these vessels are required to carry an AIS by Canadian or international regulations, but some may choose to install an AIS voluntarily.

This regulatory proposal would create a new category of vessels that would be required to carry an AIS on board, based on vessel type, length and passenger capacity, as listed in the description above. In a policy scenario, it is expected that 2 283 vessels would be required to carry an AIS on board by the compliance date, in 2020, an incremental total of 1 583 vessels. Around 109 of these vessels would be owned by federal, provincial, or municipal governments.

2.1.2 Benefits of expanding automatic identification system carriage requirements

The present value total benefit of the AIS carriage expansion is $10.99 million.

The expansion of AIS carriage requirements would improve situational awareness and reduce the risk of collisions. Vessels carrying an AIS are able to see other AIS-carrying vessels on their display console and make navigational decisions based on other vessels in their area.

2.1.3 Reduction of collisions

The quantified benefits of expanding AIS carriage requirements would be a reduction of vessel collisions, therefore avoiding repair costs resulting from this type of incident.

Between 2008 and 2017, there were a total of 258 collisions reported to the Transportation Safety Board, an average of 29 per year.

An in-depth review of each incident determined that 10 of these occurrences could have been avoided if both vessels had AISs on board. In the policy scenario, it is assumed that one collision per year would be avoided between 2020 and 2030.

The benefit of avoided collisions is monetized using collision costs reported by a 2008 report published by the Finnish Maritime Administration. footnote 15 This report determined that the total cost for a collision is €900,000 (€800,000 for rescue and repair, €50,000 for environmental damage due to fuel leakage, and €50,000 for other government costs). The present value annual benefit of avoided collisions between 2020 and 2030 is shown in Table 3.

In addition to reducing the cost from collisions, the new proposed Regulations would reduce the risk of serious injury or fatality at sea by improving the ability of Canadian Coast Guard Marine Communications and Traffic Services Centres to respond to vessels in distress. Out of the 258 collisions that occurred between 2008 and 2017, 24 caused injuries to people on board. Having an AIS on board could help reduce the severity of injuries by facilitating more precise search and rescue efforts.

When a distress message is broadcast, the carriage of an AIS would allow the Marine Communications and Traffic Services Centre to verify the last known location of the distressed vessel, as well as that of any AIS-equipped vessels nearby. Rescue units would be deployed with greater precision, and a response could be coordinated with nearby vessels. This would result in a faster response and less time in the water, which could save lives.

AIS data can also be instrumental in providing information for Transportation Safety Board and Transport Canada marine incident investigations in the event of an accident or incident. This data would be valuable for both government and academic research.

2.1.4 Cost to vessel operators of expanding automatic identification system carriage requirements

The proposed Regulations would expand the number of vessels required to carry an AIS. The present value total cost for private vessel operators of the AIS carriage expansion requirements is $55.7 million between 2020 and 2030. Federal, provincial or municipal governments would carry a total present value cost of around $3.1 million between 2020 and 2030 to comply with the AIS carriage requirements.

The cost of carrying an AIS depends on vessel type and size. There are two types of costs: the set-up cost (including engineering, installation, capital and initial training costs) and the annual maintenance cost.

AIS units consist of a vessel-mounted transceiver and an antenna. Class A AIS units can be purchased from commercial retailers for around $3,000. Smaller, simpler vessels could mount the AIS beside or on top of existing equipment with minimal installation costs. Larger vessels would need to integrate the AIS into their navigation system and would be more complicated to install. The set-up cost for larger vessels (including engineering and analysis, purchase, installation and initial training) is estimated at $23,670 per unit. For smaller vessels, the set-up cost is estimated at around $4,205 per unit. Average AIS set-up costs are shown in Table 4.

Note: Acquisition, installation and training costs were adjusted from A Benefit-Cost Analysis for Automatic Identification System (AIS) on Canadian Domestic Vessels, conducted by Weir Canada, Inc. Dollar values in 2009 are inflated to 2017 using the Consumer Price Index .

Large vessels would assume an additional $2,296 per year for maintenance and training. Smaller vessels would assume an additional $1,148 per year for maintenance and training. Vessel operators would be required to obtain a maritime mobile service identity from Innovation, Science and Economic Development Canada. Registration is free, but it takes about 30 minutes to submit the forms. It is assumed that the average hourly wage of an employee completing the forms to acquire a maritime mobile service identity is $25.59. footnote 16 The present value total incremental cost for acquiring a maritime mobile service identity is around $22,300.

The total present value costs for expanded AIS carriage requirements are shown in Table 3.

2.2 Bridge navigational watch and alarm system

A BNWAS is an alarm system that notifies other navigational officers or the master of a vessel if the officer of the deck watch fails to respond or is incapable of performing watch duties. Typically, this is achieved through reset buttons or motion sensors that trigger alarms if not activated during a certain interval.

2.2.1 Affected vessels

The existing Navigation Safety Regulations do not require any Canadian vessels to carry a BNWAS on board. However, passenger vessels of any size and cargo vessels of 150 gross tonnage or more making voyages in international waters are required to carry a BNWAS in accordance with Chapter V of the SOLAS Convention. footnote 17 The proposed Regulations would incorporate by reference Chapter V of the SOLAS Convention, extending BNWAS carriage requirements to passenger vessels of any size and cargo vessels of 150 gross tonnage or more and engaged on an international voyage or vessels that are 500 gross tonnage or more and not engaged on an international voyage.

In the baseline scenario, it is assumed that two categories of vessels are already BNWAS compliant, since Chapter V of the SOLAS Convention requires these types of vessels to carry a BNWAS on board. The first one being passenger vessels of any size that make international voyages and cargo vessels of 150 gross tonnage or more that make international voyages, and the second one being vessels that are 500 gross tonnage or more that were built on or after 2011.

An analysis of the Canadian Registry of Vessels resulted in an estimation of 182 active vessels that are expected to be BNWAS compliant already, following the assumptions mentioned above.

In a policy scenario, vessels required to install a BNWAS are assumed to be those vessels that are 500 gross tonnage or more and that were built before 2011. The expected incremental number of vessels that would be required to install a BNWAS by the compliance date of 2022 is approximately 315 vessels. Since this increase will occur once only, there will be no incremental growth each year.

Vessels built after 2011 are expected to be compliant and have a BNWAS on board. The total number of vessels expected to carry BNWASs by 2022 is approximately 497 vessels.

2.2.2 Benefits of expanding bridge navigational watch and alarm system carriage requirements

A BNWAS ensures that the officer of the deck watch is able to perform their duties effectively. In the case that the responsible officer is unable to respond to the alarm system, a series of indications and alarms are sent to other crew members so that they can perform the duties of the officer of the deck watch if qualified to do so. It also allows the officer of the deck watch to call for immediate assistance if necessary.

Having a BNWAS on board could help avoid different types of marine occurrences, such as groundings, collisions and even sinking of vessels. A review of the Transportation Safety Board reported occurrences between 2008 and 2017 determined that one of the occurrences resulting in the sinking and release of pollutants could have been avoided if the vessel involved had a BNWAS.

The benefits of avoided groundings have been monetized using a 2008 cost report from the Finnish Maritime Administration publication. footnote 18 This report determined that the total cost for a vessel grounding is €1,200,000. This figure includes €1,100,000 for rescue and repair costs, €50,000 for environmental damage due to fuel leakage, and €50,000 for other government costs.

When converted to 2017 Canadian dollars, the resulting cost of a grounding is $2.17 million. footnote 19 Assuming that one grounding could be avoided in the next 10 years after the compliance date, and assuming that one collision occurs in the year 2025, the present value of avoiding said collision is $1.45 million (Can$2017, discounted to 2019 at 7% discount rate).

2.2.3 Costs of expanding bridge navigational watch and alarm system carriage requirements

The present value of the total cost for the requirement to carry a BNWAS in a policy scenario is $2.1 million for the 2020–2030 period. The cost per vessel is a one-time cost that would involve the installation cost and the cost of purchasing the BNWAS unit. BNWAS units can be purchased for around $1,900. footnote 20 It is expected that installation of a BNWAS would take up to three days and can only be done during a significant maintenance period. Total installation costs are calculated by the time it would take to install the system, and the wage of the employee installing the unit, footnote 21 times a project multiplier. The installation costs were estimated to be around $6,350. Total cost per vessel would be approximately $8,210 for both purchase and installation of a BNWAS.

2.3 Electronic chart display and information system

An ECDIS is a computer-based navigation system used to supplement traditional paper charts. The system consists of a monitor and interface console, software, and input sensors. The ECDIS uses Global Navigation Satellite System technology to display real-time information about the vessel and surrounding area overlaid onto navigational charts. An ECDIS makes voyage planning easier for vessel operators. Vessels can take their draft into consideration when route planning, considering areas of dangerous conditions or special attention. This system advises the navigator if they are following the planned track and if the vessel might be approaching shallow waters and other dangerous areas. An ECDIS monitors data received from installed navigation data sensors and emits warning signals to make sure that the navigator can take corrective actions and prevent marine incidents, such as a bottom contact or groundings.

Canadian vessels constructed or registered on or after the compliance date, in 2021, must be equipped with an ECDIS, or other means, as follows: (i) passenger vessels of 500 gross tonnage or more; and (ii) non-passenger vessels of 3 000 gross tonnage or more. An ECDIS will also be required on Canadian vessels on international voyages to which Chapter V of the SOLAS Convention applies via incorporation by reference.

It is assumed that no existing Canadian-flagged vessels would be required to install an ECDIS as a result of the proposed Regulations. New vessels that fall under the ECDIS requirement categories built outside of Canada are expected to have an ECDIS fitted on board, as per Chapter V of the SOLAS Convention. For this reason, it is assumed that there is no capital cost associated with the ECDIS requirement. However, a small number of vessels that already have installed an ECDIS, but are not currently using it would be required to train at least one crew member. There are also minimal annual costs associated with the maintenance of an ECDIS. These costs have not been quantified.

3. Impacts associated with incorporation by reference

3.1 proposal for incorporation by reference of chapter iv (radiocommunications) and chapter v (safety of navigation) of the international convention for the safety of life at sea.

Incorporating by reference Chapters IV and V of the SOLAS Convention into the proposed Navigation Safety Regulations, 2019 would reduce the need for Transport Canada to update national regulations to reflect internationally agreed-upon standards and requirements.

In the baseline scenario, updates and amendments to the SOLAS Convention would require subsequent updates and amendments to Canadian regulations. By incorporating equipment carriage requirements by reference, Canadian regulations would maintain international alignment without the need to make future amendments.

4. Alignment with the Canada Shipping Act, 2001 —  Reclassification of voyages

In July 2007, voyage classifications were redefined when the Canada Shipping Act was replaced by the new Canada Shipping Act, 2001 . Where the previous Canada Shipping Act had 10 voyage classifications, the Canada Shipping Act, 2001 only has 4.

Several of the requirements in the 10 regulations being combined into the new proposed Navigation Safety Regulations, 2019 still refer to voyage classifications from the previous Canada Shipping Act . Reclassifying voyages would clarify and simplify the regulations and align them with international classification conventions. This reclassification would have limited impacts on vessel owners.

Consolidated costs and benefits estimates

Distributional analysis, distributional impacts of distress alerting and communication measures.

In terms of total costs, the Pacific and Atlantic regions would be most affected by the proposed emergency position indicating radiobeacon requirements. Together, they would assume approximately 71% of the total cost. Table 6 shows the distribution of vessels that would be impacted by the proposed emergency position indicating radiobeacon requirements by region, as well as the present value total costs for the 2020–2030 period.

Between 2020 and 2030, a total of 14 866 vessels would be required to carry an emergency beacon. Of the total vessels affected, 26% operate in the Pacific region and 44% operate in the Atlantic region. The regions of Ontario and Northern Canada would experience higher costs per vessels compared to the rest of the regions, while the Prairies region would have average costs per vessel that are considerably below the Canada average.

Distributional impacts of situational awareness measures

Vessels operating in the Pacific, Atlantic and Ontario regions would be most affected by expanded AIS carriage requirements. Approximately, 38% of vessels that would be impacted by the expanded AIS carriage requirements operate in the Pacific Region, 22% would operate in Ontario, and 20% would operate in the Atlantic region. In terms of costs, these three regions would bear around 80% of the total cost together. A total of 1 993 Canadian flagged vessels would be required to install an AIS in the 2020–2030 period, with a national average cost of $28,523 per vessel. Table 7 shows the impact of AIS requirements by region, including total number of vessels and total cost for the 2020–2030 period, and the average cost per vessel by region.

Sensitivity analysis results

A sensitivity analysis was conducted by examining different scenarios with respect to expected costs, growth rates and benefits. The impact of different discount rates, growth rates and average unit costs was examined by looking at the net benefit if certain variables were higher or lower than the central estimate.

Expected avoided fatalities and serious injuries

In the central analysis, it is assumed that the expanded emergency beacon requirements would result in three fewer fatalities and one fewer serious injuries per year. This assumption is highly uncertain since fatalities and serious injuries at sea are rare and unpredictable. Each occurrence is unique and it is very difficult to state definitively that a tragic outcome could have been avoided with the addition of specific safety equipment. All else being equal, the proposed Regulations would still be a net benefit if the expanded emergency beacon requirements resulted in just one avoided fatality per year. In this scenario, the present value benefit of distress alerting and communication measures would be $68.5 million, which would result in a total present value net benefit of $3.0 million for the proposed Regulations.

Expected damage costs

For the situational awareness measures, benefits are quantified in terms of avoidable damage costs from occurrences that would be prevented with the proposed requirement expansion. In the central analysis, it is assumed that the expansion of AIS requirements would reduce the number of collisions. Based on a review of occurrence data, it is assumed that the proposed AIS carriage expansion would result in 10 avoided collisions in the next 10 years. It is difficult to state exactly how much damage can result from a collision; many factors could play a role in determining the total damage cost from these incidents. Using insurance claims data from a 2008 report published by the Finnish Maritime Administration, the central value used for damage costs in one collision is $1.6 million, resulting in present value total benefits of $11.0 million for the 2020–2030 period. The central analysis represents collision costs for commercial shipping vessels. For the sensitivity analysis, lower ($900,000) and higher ($2.35 million) damage costs per incident were used, to account for variability in collision damage for different vessel types, as suggested in the Finnish Maritime Administration report.

Discount rates

The central analysis used a 7% discount rate, in accordance with Treasury Board Secretariat guidance on cost-benefit analysis. Since the majority of costs are carried within the first years after the coming into force of the proposed Regulations, while the benefits remain fairly constant throughout the period of analysis, a higher discount rate results in a lower net benefit, as shown in Table 9.

Analytic time frame

The time frame of the central analysis is 2020 to 2030. There are 11 years under consideration. Since the majority of costs are carried within the first years of the new proposed Regulations coming into force, and since the benefits remain greater than the costs for all subsequent years, extending the time frame to 2040 increases the net benefit overall.

Growth rates

In the central analysis, a growth rate of 2.7% was applied to all vessel types. For the sensitivity analysis, the effect of lower (1.7%) and higher (3.7%) growth rates was examined to determine how they affect the present value of the total cost for the emergency position indicating radiobeacon and AIS carriage requirements expansion. The value of the benefits would not be affected by different growth rates. It is assumed that the number of marine incidents and fatalities or injuries are not correlated to the number of active vessels (except at the extremes).

Small business lens

The overwhelming majority of companies affected by the proposed Regulations would be small businesses. According to Canadian industry statistics from Innovation, Science and Economic Development Canada, nearly 100% of firms operating in the fishing industry (North American Industry Classification System code 1141) have fewer than 100 employees. The average annual revenue for firms in this sector is $191,000. footnote 22

Around 87% of firms operating in the deep sea, coastal and Great Lakes water transportation industry (North American Industry Classification System code 4831) have fewer than 100 employees. The average annual revenue for firms in this sector is $756,500. footnote 23

Since the overwhelming majority of affected vessels are operated by small businesses, flexibility granted to small businesses for implementation dates or reduced compliance standards would result in a significant reduction or complete elimination of any expected benefit from the proposed Regulations during that period.

As demonstrated in the “Distributional analysis” section, the cost per business is relatively low for the emergency beacon requirements. For other provisions in the proposed Regulations, the costs remain relatively low and vary with the size of the vessel operated by the business.

For these reasons, flexibility options are not being considered.

“One-for-One” Rule

The proposed amendments would have no impact on administrative costs. Therefore, Element A of the “One-for-One” Rule would not apply to the proposed Regulations. Under Element B, the proposed Regulations would represent an “OUT,” as nine titles would be repealed and replaced with one new regulation (for a total “OUT” of eight titles).

Regulatory cooperation and alignment

This regulatory proposal would repeal nine existing regulations related to navigation safety and radiocommunications, consolidate them into one regulation, and transfer some requirements from the Steering Appliances and Equipment Regulations to the new Regulations. The proposed Regulations would align these requirements with international standards under Chapter IV and Chapter V of SOLAS, which has been adopted by 174 Member States and 3 Associate Members.

This proposal would also align with the United States/Canada policy change regarding navigating the St. Clair and Detroit rivers. Since November 14, 2012, the restricted speed area currently in place as per the St. Clair and Detroit River Navigation Safety Regulations between the Detroit River light and Peche Island light has been reduced in size by relocating the southern point of the restricted speed area from its location at the Detroit River light to a new location at Bar Point light D33.

Increasing AIS carriage requirements would align Canadian regulations with current carriage requirements in the United States and the St. Lawrence Seaway.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals , a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation.

The coming into force date of this regulatory proposal would be the day upon which these Regulations are registered, with the exception of the expansion of the AIS carriage requirements, which would come into force one year following the coming into force of these Regulations.

Compliance and enforcement

Compliance and enforcement of these proposed requirements would be addressed nationally through periodical inspections and/or risk-based inspections. The oversight would not entail an increase in resources as most affected vessels are already inspected periodically.

Under the current marine safety inspection regime, all vessels that are 15 gross tonnage (12 m) and greater or are carrying more than 12 passengers are inspected annually. Under the current radio inspection regime, vessels that are 20 m or greater, towboats and vessels that carry more than 12 passengers are inspected periodically. Most of the affected vessels under this regulatory proposal would fall under these inspection regimes. The remaining vessels would be inspected on a risk-based approach.

Alexandre Lavoie Senior Marine Safety Inspector Navigation Safety and Environmental Programs Marine Safety and Security Transport Canada Place de Ville, Tower C, 10th Floor 330 Sparks Street Ottawa, Ontario K1A 0N5 Telephone: 613‑952‑4425 Fax: 613‑993‑8196 Email: [email protected]

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsections 35(1) footnote a , 35.1(1), 120(1), 136(1) footnote b , 207(1) footnote c and 274(2) of the Canada Shipping Act, 2001 footnote d , subsection 149(1) footnote e of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Ac t footnote f , subsection 153(1) footnote g of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act footnote h and subsection 14(1) footnote i of the Canada Oil and Gas Operations Act footnote j proposes to make the annexed Navigation Safety Regulations, 2019 .

Interested persons may make representations concerning the proposed Navigation Safety Regulations, 2019 within 90 days after the date of publication of this notice. All such representations must cite the Canada Gazette , Part I, and the date of publication of this notice, and be addressed to Alexandre Lavoie, Senior Marine Safety Inspector, Navigation Safety and Environmental Programs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613‑952‑4425; fax: 613‑993‑8196; email: [email protected] ).

Ottawa, May 30, 2019

Julie Adair Assistant Clerk of the Privy Council

Definitions and Interpretation

Definitions

1 The following definitions apply in these Regulations.

  • Act means the Canada Shipping Act, 2001 . ( Loi )
  • AIS means an automatic identification system. ( AIS )
  • (a) a government that is a party to the Safety Convention;
  • (b) a society or association for the classification and registry of vessels recognized by a government referred to in paragraph (a); or
  • (c) a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets applicable standards specified in these Regulations. ( autorité compétente )
  • ECDIS means an electronic chart display and information system. ( SVCEI )
  • fishing vessel means a vessel engaged in commercial fishing. ( bâtiment de pêche )
  • floating plant includes any type of manned barge, scow or similar watercraft that is used for river or harbour improvements, salvage, scientific work, cargo handling, exploration or exploitation of mineral resources, or other similar operations. ( installation flottante )
  • Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec. ( bassin des Grands Lacs )
  • IMO means the International Maritime Organization. ( OMI )
  • IEC means the International Electrotechnical Commission. ( CEI )
  • international voyage means a voyage between a port in one country and a port in another country, but does not include a voyage solely on the internal waters of Canada and in the Great Lakes Basin. ( voyage international )
  • length in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. ( longueur )
  • Minister means the Minister of Transport. ( ministre )
  • nautical mile means the international nautical mile of 1 852 m. ( mille marin )
  • Navigational Warning means an urgent release broadcast or publication by the Canadian Coast Guard to provide marine information. ( Avertissement de navigation )
  • Notices to Mariners means the monthly and annual publications published by the Canadian Coast Guard to provide marine information and corrections to nautical charts and publications. ( Avis aux navigateurs )
  • passenger vessel means a vessel that carries more than 12 passengers. ( bâtiment à passagers )
  • person in charge of the deck watch means a person who has immediate charge of the navigation, manoeuvring, or operation of a vessel, but does not include a pilot. ( officier de quart à la passerelle )
  • Radio Aids to Marine Navigation means the radio aids to marine navigation published by the Canadian Coast Guard. ( Aides radio à la navigation maritime )
  • routeing system has the same meaning as in subsection 1(1) of the Collision Regulations . ( système d’organisation du trafic )
  • Safety Convention means the International Convention for the Safety of Life at Sea, 1974 listed in Schedule 1 of the Act. ( Convention sur la sécurité )
  • SOLAS means the Safety Convention and the protocol of 1988 relating to the Convention. ( SOLAS )
  • towboat means a vessel that is engaged in a towing operation. ( bâtiment remorqueur )
  • towing operation means the activity of towing another vessel or a floating object astern or alongside or pushing another vessel or a floating object ahead. ( activité de remorquage )

Interpretation — classes of voyages

2 (1) A reference to a class of voyage is a reference to that class as defined in section 1 of the Vessel Certificates Regulations .

Composite unit

(2) For the purpose of these Regulations, a rigidly connected composite unit of a pushing vessel and pushed vessel, when designed as a dedicated and integrated tug-and-barge combination, is considered as a single vessel that is not a towboat, the size of which is the aggregate of the two vessels composing the unit.

Incorporated documents — amended from time to time

(3) Except in the case of the resolution referred to in column 2 of subitem 18(a) of Schedule 1, any reference in the Regulations to a document is a reference to the document as amended from time to time.

Incorporated documents — meaning of “should”

(4) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are to be considered mandatory.

Incorporated documents — meaning of “ship”

(5) For the purpose of interpreting a document incorporated by reference into these Regulations, “ship” is to be read as “vessel”.

Exclusion of certain phrases from incorporated documents

(6) A reference in these Regulations to an incorporated document is to be interpreted as excluding the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “other means”, “satisfactory to the Administration”, “to the satisfaction of the Administration”, and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.

Interpretation — date of construction of a vessel

(7) For the purpose of these Regulations, a vessel is constructed on the earliest of

  • (a) the day on which its keel is laid;
  • (b) the day on which construction identifiable with a specific vessel begins; and
  • (c) the day on which the assembly of the vessel has reached the lesser of 50 tonnes and 1% of the estimated mass of all structural material of the vessel.

Definition of “vessel” under the Act

3 For the purposes of these Regulations, barges that are not self-propelled are prescribed as a class of floating object that is excluded from the definition vessel in section 2 of the Act.

[ 4 to 99 reserved]

PART 1

Navigation safety.

Application

100 This Part applies in respect of the following vessels:

  • (a) Canadian vessels everywhere; and
  • (b) vessels in Canadian waters that are not Canadian vessels.

101 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of this Part are met in respect of the vessel.

General Requirements

General requirement

102 (1) Unless under force majeure or to save life or property, no master of a vessel may make any voyage if the vessel is not fitted with the equipment required by this Part.

Effective operating condition

(2) A master of a vessel and its authorized representative must take all reasonable steps to ensure that the equipment required by this Part is installed, tested and maintained in a manner that ensures it is in effective operating condition.

Restoring to effective operating condition

(3) If any equipment required by this Part ceases to be in effective operating condition, the master of the vessel must, as soon as possible, restore the equipment to an effective operating condition.

Voyage to a port to restore to effective operating condition

(4) If the vessel is in a port where repair facilities to restore the equipment to an effective operating condition are not readily available, the master must plan and execute a safe voyage to a port where such facilities are available, taking into account the fact that the equipment is not in effective operating condition.

Maintenance record

103 (1) Every Canadian vessel of 150 gross tonnage or more that is engaged on an international voyage and every Canadian vessel of 500 gross tonnage or more must retain on board a maintenance record for the equipment required by this Part that shows all periodic testing and servicing, all defects, repairs and parts replacements and the dates and locations of each event and the personnel involved.

Manuals and spare parts

(2) Every vessel fitted with equipment in accordance with this Part must carry on board the manufacturer’s operating and maintenance manuals for that equipment, and the spare parts that the manufacturer or the manuals recommend.

Exception — spare parts

(3) Despite subsection (2), when a vessel is engaged on a voyage in sheltered waters, it may carry parts, including fuses and lamps, that can be used as spare parts for installation by non-technical personnel, instead of the spare parts that the manufacturer or the operating and maintenance manuals recommend.

104 (1) Every equipment referred to in column 1 of Schedule 1 with which a vessel of 150 gross tonnage or more is fitted to comply with this Part and every AIS must be type approved by a competent authority as conforming to the following standards:

  • (a) the performance standards in the Annex to IMO Resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids ;
  • (b) the testing standards in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems — General Requirements — Methods of Testing and Required Test Results ; and
  • (c) subject to subsection (2), every standard set out in columns 2 to 4 of Schedule 1 for the equipment.

Exception — equivalent standard

(2) The equipment may be type approved by a competent authority as conforming to a standard that provides a level of safety that is equivalent to or higher than that of a standard for that equipment required under paragraph (1)(c).

Proof of type approval

(3) The type approval referred to in subsection (1) must be proved by either of the following issued by the competent authority:

  • (a) a label that is securely affixed to the equipment in a readily visible location; or
  • (b) a document that is kept in a readily accessible location on board the vessel.

English or French translation

(4) If the label or document referred to in subsection (3) is written in a language other than English or French, it must be accompanied by an English or French translation.

Equipment that is not required

(5) Subsections (1) to (4) apply in respect of equipment that is fitted on a vessel, other than a fishing vessel, even if the equipment is not required to be fitted on the vessel by this Part, if

  • (a) performance standards for that equipment are specified in Schedule 1;
  • (b) the vessel is of 500 gross tonnage or more and is engaged on a voyage other than a sheltered waters voyage; and
  • (c) the equipment was fitted on or after July 1, 2002;

Grandfathering

(6) Paragraphs (1)(b) and (c) and subsections (2) to (4) do not apply to equipment referred to in column 1 of Schedule 2 that was fitted before July 1, 2002, if the equipment is of a type approved by a competent authority as conforming to the following standards:

  • (a) the performance standards in the Annex to IMO Resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids ; and
  • (b) the standards set out in column 2 of Schedule 2 for that equipment.

Section 112 of the Act — shore station

105 (1) The authority on shore that must be notified of a direct danger to navigation in accordance with section 112 of the Act is the shore station for the area in which the vessel is navigating.

Required information

(2) A master who gives notice under section 112 of the Act to all vessels in the vicinity and the shore station for the area must give the notice in accordance with the procedures of Section A5 of the annual edition of the Notices to Mariners, entitled Navigation Safety.

Equipment Required for Vessels Subject to Chapter V of SOLAS

106 (1) The following vessels are subject to this Division:

  • (a) Canadian vessels that are 150 gross tonnage or more and that are engaged on an international voyage;
  • (b) Canadian vessels that are 500 gross tonnage or more; and
  • (c) foreign vessels to which Chapter V of SOLAS applies.

Application — exceptions

(2) Despite subsection (1), this Division does not apply to the following Canadian vessels:

  • (a) fishing vessels;
  • (b) cable ferries;
  • (c) pleasure crafts; or
  • (i) from Cap-des-Rosiers, in the Province of Quebec, to West Point, Anticosti Island, in the Province of Quebec, and
  • (ii) from Anticosti Island, in the Province of Quebec, to the north shore of the St. Lawrence River along a meridian of longitude 63°W.

107 (1) Subject to subsections (2) to (5), an authorized representative of a vessel must ensure that the following requirements are met in respect of the vessel:

  • (a) for a Canadian vessel, the requirements of regulations 15 to 19 and 20 to 35 of Chapter V of SOLAS, except the requirements of regulation 19.2.4; and
  • (b) for a foreign vessel, the requirements of Chapter V of SOLAS.

Regulation 18 of Chapter V of SOLAS — type approval

(2) For the purpose of this section, the words “type approved by the Administration” used in Regulation 18 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when the requirements apply in respect of a Canadian vessel.

Exception — Regulation 18.9 of Chapter V of SOLAS

(3) A Canadian vessel of 500 gross tonnage or more must comply with the requirement of Regulation 18.9 of Chapter V of SOLAS only if it is engaged on an international voyage.

Exception — Regulation 19.2.2.3 of Chapter V of SOLAS

(4) The requirements set out in Regulation 19.2.2.3 of Chapter V of SOLAS do not apply in respect of ferries travelling on voyages of less than five nautical miles.

Exception — Regulation 19.2.7.1 of Chapter V of SOLAS

(5) For the purposes of this section, Regulation 19.2.7.1 of Chapter V of SOLAS must be read without reference to “or, where considered appropriate by the Administration, a second 9 GHz radar”.

Navigation Equipment Required for Other Vessels

Non-application

108 This Division does not apply in respect of

  • (a) a vessel that is subject to the requirements of Division 2;
  • (i) the performance standards in the Annex to IMO Resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids ,
  • (ii) the performance standards in the Annex to IMO Resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids , and
  • (iii) the standards set out in column 2 of Schedule 2 for that equipment; and
  • (c) a foreign vessel that is a fishing vessel and that has on board documentation issued by the government of the state whose flag the vessel is entitled to fly certifying that the vessel conforms to the requirements of Chapter X of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977 .

Standard magnetic compass

109 (1) Every vessel, except a vessel of 8 m or less in length that is navigated within sight of navigation marks and except a cable ferry, must be fitted with a standard magnetic compass, independent of any power supply, that can be used to determine the vessel’s heading and to display the reading at the main steering position.

Exception — vessels less than 150 gross tonnage

(2) Despite subsection (1), a vessel that is less than 150 gross tonnage may be fitted, instead of with a standard magnetic compass, with

  • (a) a steering magnetic compass, if the vessel is not engaged on an international voyage; or
  • (b) a steering magnetic compass and a gyro-compass, if the vessel is engaged on an international voyage.

Exception — vessels between 150 and 500 gross tonnage

(3) Despite subsection (1), a vessel that is 150 gross tonnage or more but less than 500 gross tonnage may be fitted, instead of with a standard magnetic compass, with

  • (a) a steering magnetic compass, if the vessel is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, and if the voyage is not an international voyage; or
  • (b) a steering magnetic compass and a gyro-compass, if the vessel is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage.

Means of correction

(4) With the exception of pleasure crafts of less than 150 gross tonnage, all vessels fitted with a magnetic compass must be fitted with a means of correcting heading and bearings to true at all times.

Means of communication

(5) Every vessel on which a standard magnetic compass is fitted must be fitted with a means of communication between the standard magnetic compass position and the position from which the vessel is normally navigated.

Sound reception systems

110 Every vessel that has a totally enclosed bridge must be fitted with a sound-reception system that can be used to enable the person in charge of the deck watch to hear sound signals and determine their direction.

Means of communicating information

111 Every vessel with an emergency steering position must be fitted with a telephone that can be used to communicate heading information to that position.

Vessels of 150 gross tonnage or more

112 (1) Every vessel of 150 gross tonnage or more must be fitted with the following equipment:

  • (a) a receiver for a global navigation satellite system referred to in column 1 of item 8 of Schedule 1 that can be used at all times throughout the intended voyage to establish and update the vessel’s position by electronic means;
  • (b) a pelorus or compass bearing device, independent of any power supply, that can be used to take bearings over an arc of the horizon of 360°, when it is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage;
  • (c) a spare magnetic compass that is interchangeable with the magnetic compass required by section 109; and
  • (d) a daylight signalling lamp that can be used to communicate by light signals during the day and during the night using a source of electrical power not solely dependent on the vessel’s power supply, while the vessel is engaged on an international voyage.

(2) Despite paragraph (1)(a), a vessel may be fitted with a receiver for a global navigation satellite system that is not referred to in column 1 of item 8 of Schedule 1 if

  • (a) the receiver provides a level of safety that is equivalent to or higher than that of the receivers set out in column 1 of item 8 of Schedule 1;
  • (b) there are IMO performance standards and IEC test standards that apply to the receiver; and
  • (c) the receiver has been type approved by a competent authority as meeting those standards.

Vessels of 300 gross tonnage or more

113 Every vessel of 300 gross tonnage or more must be fitted with the following equipment:

  • (a) echo-sounding equipment that can be used to measure and display the available depth of water;
  • (b) a 9-GHz radar that can be used to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;
  • (c) unless it is engaged on a sheltered waters voyage, a speed-and-distance measuring device that can be used to indicate speed and distance travelled through the water; and
  • (i) an electronic plotting aid that can be used to electronically plot the range and bearing of targets, an automatic tracking aid that can be used to automatically plot the range and bearing of targets in order to determine collision risk, or an automatic radar plotting aid that can be used to automatically plot the range and bearing of at least 20 targets and that is connected to a device that can be used to indicate speed and distance travelled through the water, and
  • (ii) a transmitting heading device or a gyro-compass that can be used to transmit heading information for input to the equipment referred to in paragraph (b) and subparagraph (i).

Vessels of 500 gross tonnage or more

114 Every vessel of 500 gross tonnage or more must be fitted with the following equipment:

  • (a) rudder, propeller, thrust, pitch and operational mode indicators, or other means that can be used to determine and display, in a manner readable from the conning position, the rudder angle, propeller revolutions, the force and direction of thrust and, if applicable, the force and direction of lateral thrust and the pitch and operational mode of the propellers;
  • (b) an automatic tracking aid that can be used to automatically plot the range and bearing of targets in order to determine collision risk, or an automatic radar plotting aid that can be used to automatically plot the range and bearing of at least 20 targets and that is connected to a device that can be used to indicate speed and distance travelled through the water; and
  • (i) a gyro-compass, that can be used to determine and display its heading by shipborne non-magnetic means and to transmit heading information for input to the equipment referred to in paragraphs (b) and 113(b) and, if applicable, paragraph 116(a),
  • (ii) a gyro-compass heading repeater that can be used to visually supply heading information at the emergency steering position, if such position is on board,
  • (iii) a gyro-compass bearing repeater that can be used to take bearings over an arc of the horizon of 360º, using the gyro-compass referred to in subparagraph (i), or as close as possible to 360º if the vessel is of less than 1 600 gross tonnage, and
  • (iv) a daylight signalling lamp that can be used to communicate by light signals during the day and during the night using a source of electrical power not solely dependent on the vessel’s power supply.

Vessels of 3 000 gross tonnage or more

115 Every vessel of 3 000 gross tonnage or more must be fitted with the following equipment:

  • (a) a 3-GHz or 9-GHz radar in addition to and functionally independent of the radar required under paragraph 113(b), that can be used to determine and display the range and bearing of other surface craft, obstructions, buoys, shorelines and navigational marks; and
  • (b) in the case of a vessel of less than 10 000 gross tonnage, an automatic tracking aid that can be used to automatically plot the range and bearing of targets in order to determine collision risk, or an automatic radar plotting aid that can be used to automatically plot the range and bearing of at least 20 targets and that is connected to a device that can be used to indicate speed and distance travelled through the water, in addition to and functionally independent of the automatic tracking aid or automatic radar plotting aid required under paragraph 114(b).

Vessels of 10 000 gross tonnage or more

116 Every vessel of 10 000 gross tonnage or more must be fitted with the following equipment:

  • (a) an automatic radar plotting aid that can be used to automatically plot the range and bearing of at least 20 targets and that is connected to a device that can be used to indicate speed and distance travelled through the water in addition to and functionally independent of the automatic tracking aid or automatic radar plotting aid required under paragraph 114(b); and
  • (b) in the case of a vessel that is engaged on a voyage other than a sheltered waters voyage, a heading or track control system that can be used to automatically control, and keep to, a heading or straight track.

Vessels of 50 000 gross tonnage or more

117 Every vessel of 50 000 gross tonnage or more must be fitted with the following equipment:

  • (a) a rate-of-turn indicator that can be used to determine and display the rate of turn; and
  • (b) a speed-and-distance measuring device, in addition to the device required by paragraph 113(c), that can be used to indicate the speed and distance over the ground in the forward and athwartships direction.

Additional Equipment

Voyage data recorder — vessel constructed on or after January 1, 2012

118 (1) A Canadian vessel that is not engaged on an international voyage must be fitted with a voyage data recorder (VDR) if the vessel was constructed on or after January 1, 2012 and is

  • (a) a passenger vessel of 500 gross tonnage or more; or

Voyage data recorder — vessel constructed before January 1, 2012

(2) A Canadian vessel that is not engaged on an international voyage must be fitted with a VDR or a simplified voyage data recorder (S-VDR) if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

(3) Subsections (1) and (2) do not apply in respect of

  • (a) pleasure craft;
  • (b) fishing vessels;
  • (c) vessels that are on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas, in an area referred to in section 3 of the Canada Oil and Gas Operations Act ; and
  • (d) passenger vessels, other than ferries, that are engaged solely on sheltered waters voyages and operate during fewer than six months in a year.

Paragraph (3)(c) —  oil and gas

(4) For the purposes of paragraph (3)(c), the words oil and gas have the same meaning as in section 2 of the Canada Oil and Gas Operations Act .

Voyage data recorder — performance tests

119 (1) On installation of a voyage data recorder (VDR) or a simplified voyage data recorder (S-VDR) on a vessel, and each subsequent year after the date of installation, a performance test must be undertaken by the manufacturer or a person authorized by the manufacturer in accordance with the Annex to IMO standard MSC.1/Circ.1222, Guidelines on Annual Testing of Voyage Data Recorders (VDR) and Simplified Voyage Data Recorders (S-VDR) .

Subsection 10(2) of the Vessel Certificates Regulations

(2) In the case of a vessel required by section 118 to be fitted with a VDR, the annual performance test referred to in subsection (1) may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 10(2) of the Vessel Certificates Regulations if the period between tests does not exceed

  • (a) 15 months, in the case of a passenger vessel; and
  • (b) 18 months, in the case of any other vessel.

Performance test certificate

(3) A copy of the most recent annual performance test certificate delivered by the person who completed the performance test must be kept on board the vessel.

Language of certificates

(4) If an annual performance test certificate is written in a language other than English or French, it must be accompanied by an English or French translation.

120 The following Canadian vessels, except cable ferries and pleasure crafts, that are constructed on or after the date of coming into force of this section must be fitted with an ECDIS:

  • (a) passenger vessels of 500 gross tonnage or more; and
  • (b) all other vessels of 3 000 gross tonnage or more.

AIS Class A

121 (1) The following vessels must be fitted with an AIS Class A:

  • (a) vessels, other than a pleasure craft, of 20 m or more in length;
  • (b) vessels that carry more than 50 passengers;
  • (c) vessels transporting goods, substances, materials or articles to which the International Maritime Dangerous Goods Code , published by the IMO, applies;
  • (d) vessels carrying pollutants, as defined in section 165 of the Act, in bulk;
  • (e) dredges or floating plants that are located in any place where it constitutes a collision hazard to other vessels; and
  • (f) towboats that are 8 m or more in length.

AIS Class A or B

(2) Every vessel, other than a vessel referred to in subsection (1), that is engaged on a voyage other than a sheltered waters voyage must be fitted with an AIS Class A or an AIS Class B if

  • (a) it is a passenger vessel; or
  • (b) the vessel is 8 m or more in length and carries passengers.

Graphic display

(3) Every vessel required under these Regulations to be fitted with an AIS Class A must be equipped with a means of displaying graphically the relative ranges and bearings received by the AIS.

Transmitting heading device or gyro-compass

(4) If an AIS Class A is fitted on a vessel, and if the vessel is also fitted with a transmitting heading device capable of transmitting heading information or with a gyro-compass, they must be connected for transmitting heading information to the AIS.

Maintain in operation

(5) Every vessel fitted with an AIS as required under these Regulations must maintain it in operation for the entire duration of a voyage and for at least 30 minutes prior to departure.

Exceptions — maintain in operation

(6) Subsection (5) does not apply

  • (a) where international agreements, rules or standards provide for the protection of navigational information; or
  • (b) in respect of vessels, other than vessels operated for a commercial purpose, owned or operated by Her Majesty in right of Canada or by a foreign government that is a party to SOLAS.

Pilot transfer

122 Every vessel that is engaged on a voyage in the course of which the services of a licenced pilot is likely to be required must be provided with pilot transfer equipment and arrangements in accordance with Section B of the annual edition of the Notices to Mariners, entitled Pilotage Services in Canadian Waters.

Voice communication system

123 (1) Every Canadian vessel of 300 gross tonnage or more must be fitted with an effective two-way voice communication system.

Requirements for usage

(2) The system must be capable of being used between a location on board listed below and any other location on board listed below, in normal ambient noise condition for each location:

  • (a) at the principal conning position;
  • (b) at working stations, including the mooring positions;
  • (c) at a position close to the main engine controls in the engine room;
  • (d) at the emergency steering position; and
  • (e) in the master’s accommodation and the chief engineer’s accommodation.

Independent energy supply

(3) The system must be capable of operating independently of the vessel’s main electrical energy supply for at least 12 hours.

Searchlights

124 (1) The following vessels must be fitted with two searchlights:

  • (a) tugs of more than five gross tonnage, except tugs that are used only to salvage logs;
  • (b) fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed on or after September 1, 1984; and
  • (c) Canadian vessels of more than 150 gross tonnage that are navigating in ice that might cause substantial damage to a vessel.

Fishing vessels constructed before September 1, 1984

(2) Fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed before September 1, 1984 must be fitted with at least one searchlight.

Scope of lighting

(3) The searchlights required by subsection (1) must be mounted securely and in a manner that will allow their beams, when combined, to sweep an arc of 360° around the vessel.

Exclusive electrical circuit

(4) Each searchlight required by subsection (1) or (2) must be provided with an exclusive electrical circuit connected to the main or emergency switchboard.

Spare parts

(5) For each searchlight required by subsection (1) or (2), a vessel must carry two spare lamps and any spare electrical equipment that might be required under normal service conditions unless, in the case of the two searchlights required by subsection (1), both searchlights are identical, in which case the vessel may carry two spare lamps and any spare electrical equipment for one searchlight only.

Signalling flags

125 Every Canadian vessel of more than 150 gross tonnage engaged on a near coastal voyage, Class 1 or an unlimited voyage must be fitted with a set of signalling flags, illustrated in Appendix 2 of the International Code of Signals , published by the IMO, of a size suitable for signalling.

Hand lead lines

126 (1) Every vessel of 20 m or more in length that is engaged on a voyage other than a sheltered waters voyage must be fitted with one hand lead line.

Requirements

(2) The hand lead line must

  • (a) be 46 m or more in length;
  • (b) be clearly and accurately marked to indicate the depth of water;
  • (c) have a lead that weighs at least 3.2 kg; and
  • (d) have a lead that is capable of being armed.

Information on manoeuvring — vessels constructed before March 1, 2001

127 (1) Except for Safety Convention vessels, every vessel of 1 600 gross tonnage or more that was constructed before March 1, 2001 must comply with the Annex to IMO Resolution A.209(VII), Recommendation on Information to Be Included in the Manoeuvring Booklets .

Information on manoeuvring — vessels constructed on or after March 1, 2001 or Safety Convention vessels

(2) A vessel must comply with the Annex to IMO Resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships if

  • (a) it is of 1 600 gross tonnage or more and was constructed on or after March 1, 2001;
  • (b) it is a chemical carrier or gas carrier that was constructed on or after March 1, 2001; or
  • (c) it is a Safety Convention vessel.

(3) If it is not practicable to complete the manoeuvring information that is required to comply with the resolution referred to in subsection (2) before the vessel enters into service, the information must be

  • (a) completed in a preliminary form before the vessel enters into service;
  • (b) completed in a final form as soon as circumstances permit after the vessel enters into service; and
  • (c) verified in its final form within 18 months after the vessel enters into service.

Canadian towboats — radar

128 (1) A Canadian vessel that is a towboat must

  • (a) if it is engaged on a near coastal voyage, Class 2 and is of 5 gross tonnage or more, be fitted with a radar that can be used to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;
  • (i) echo-sounding equipment, or other means, that can be used to measure and display the available depth of water, and
  • (ii) two radars that respect the requirements set out in paragraph (a), and are functionally independent of each other; and
  • (c) if it is engaged on an unlimited voyage, be fitted with the equipment set out in paragraph (b) and a gyro-compass that can be used to determine and display its heading by shipborne non-magnetic means.

(2) A towboat that is a Canadian vessel does not have to meet the equipment requirements set out in subsection (1) if it is engaged in a towing operation in an emergency situation on an exceptional basis.

Technical Requirements

129 This Division does not apply in respect of vessels subject to the requirements of Division 2.

Guidelines and standards relating to the bridge

130 On every vessel of 150 gross tonnage or more that is engaged on an international voyage and on every vessel of 500 gross tonnage or more engaged on a voyage other than a sheltered waters voyage, all decisions which affect bridge design, bridge procedures and the design and arrangement of navigational systems and equipment on the bridge must take into consideration the following documents:

  • (a) the Annex to IMO MSC/Circ.982, Guidelines on Ergonomic Criteria for Bridge Equipment and Layout ;
  • (b) if the vessel is fitted with an integrated bridge system, the annex to IMO SN.1/Circ.288, Guidelines for Bridge Equipment and Systems, Their Arrangement and Integration (BES) ; and
  • (c) if the vessel is fitted with an integrated navigation system, Annex 3 to IMO Resolution MSC.86(70), Adoption of New and Amended Performance Standards for Navigational Equipment .

Electromagnetic compatibility

131 The electrical and electronic equipment installed on a vessel that is 150 gross tonnage or more and engaged on an international voyage, or of 500 gross tonnage or more, must meet the following requirements, if the equipment has not been type approved by a competent authority as meeting testing standard IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems — General Requirements — Methods of Testing and Required Test Results :

  • (a) it must be installed so that electromagnetic interference does not affect the proper functioning of navigational systems and equipment;
  • (b) if the equipment is portable, it must not be operated on the bridge if it might affect the proper functioning of navigational systems and equipment; and
  • (c) if the equipment is on the bridge or in the vicinity of the bridge on a vessel constructed on or after July 1, 2002, it must be tested for electromagnetic compatibility when the equipment is installed, taking into account testing standard IEC 60533, Electrical and Electronic Installations in Ships — Electromagnetic Compatibility (EMC) — Ships with a Metallic Hull .

Alternative modes of operation

132 The mode of operation being used must be indicated where equipment that is referred to in this Part and that is fitted on a vessel on or after July 1, 2002 offers alternative modes of operation.

Integrated bridge system

133 Integrated bridge systems that are fitted on a vessel on or after July 1, 2002, must be so arranged that failure of any subsystem is brought to the immediate attention of the person in charge of the deck watch by audible and visual alarms and does not cause the failure of any other subsystem.

Failure of integrated navigation system

134 In the case of a failure in one part of an integrated navigation system, it must be possible to operate every other individual piece of equipment or part of the system separately.

Compass inspection

135 (1) During an inspection of the compasses on a vessel that is not a pleasure craft, the master must

  • (a) show the inspector the most recent deviation card for each compass, signed and dated by the master and a deck officer; or
  • (b) provide the inspector with a statement, signed by the master and a deck officer, confirming that the compasses have been found to be satisfactory to provide heading direction.

(2) For the purposes of subsection (1), an inspector is a person described under section 11 of the Act, or any person, classification society or other organization authorized by the Minister to carry out inspections under section 12 of the Act.

Use of heading or track control system

136 (1) When the heading or track control system of a vessel is used in an area of high traffic density, under conditions of restricted visibility or in any other hazardous navigational situation, means must be provided to enable the immediate change-over to manual steering.

Qualified helmsperson

(2) In any situation described in subsection (1), the person in charge of the deck watch must ensure that the services of a qualified helmsperson are available at all times to take over steering control.

Qualified person

(3) Every change-over from the heading or track control system to manual steering of a vessel and vice versa must be made by, or under the supervision of, the person in charge of the deck watch.

Manual steering testing

(4) The manual steering of a vessel must be tested while the heading or track control system is not in use before the vessel enters any area where navigation demands special caution, and at least once a day, to ensure the manual steering is in effective operating condition.

Steering gear

137 Where a vessel is equipped with two or more steering gear power units that are capable of simultaneous operation, the vessel must have at least two of those units in operation in areas where navigation demands special caution.

Steering gear changeover procedures

138 (1) A vessel on which a remote steering gear control system or a steering gear power unit is fitted must have permanently displayed, on its navigating bridge and in its steering gear compartment, if any, simple, brief operating instructions and a block diagram showing the changeover procedures for the system or unit.

Steering system familiarity

(2) The master and any person in charge of the deck watch on a vessel who is responsible for the operation or the maintenance of the steering gear must be familiar with the operation of the steering systems fitted on the vessel and with the procedures for changing from one system to another.

Steering gear checks and tests

139 (1) Subject to subsection (2), within 12 hours before the departure of a vessel, the steering gear of the vessel must be checked and tested and such checks and tests must include verifying

  • (i) the main steering gear,
  • (ii) the auxiliary steering gear, except where such gear includes tackle,
  • (iii) the remote steering gear control systems,
  • (iv) the steering controls located at different positions on the navigating bridge,
  • (v) the emergency power supply,
  • (vi) the rudder angle indicators in relation to the actual position of the rudder,
  • (vii) the remote steering gear control system power failure alarms,
  • (viii) the steering gear power unit failure alarms, and
  • (ix) automatic isolating arrangements and other automatic equipment required for the steering gears;
  • (b) the full movement of the rudder according to the capabilities of the steering gear as designed;
  • (c) a visual inspection of the steering gear and its connecting linkage; and
  • (d) the operation of the means of communication between the navigating bridge and the steering gear compartment.

Regular voyages

(2) For a vessel that regularly plies on voyages of less than one week, the checks and tests referred to in subsection (1) do not need to be carried out within 12 hours before departure if those checks and tests have been carried out at least once every week.

Emergency steering drills

(3) In addition to the checks and tests referred to in subsections (1) and (2), emergency steering drills must be carried out at least once every three months, and must include direct control from within the steering gear compartment, communications procedures with the navigating bridge and, where applicable, the operation of alternative power supplies.

(4) The person in charge of the deck watch must record in the official log book referred to in Division 7 of Part 3 of the Marine Personnel Regulations , if that Division applies to the vessel, or any log book if the Division does not apply to it, the dates on which the checks and tests referred to in subsections (1) and (2) are carried out and the dates and details of emergency steering drills carried out pursuant to subsection (3).

Working language

140 (1) The authorized representative or the master must determine, and record in the official log book referred to in Division 7 of Part 3 of the Marine Personnel Regulations , if that Division applies to the vessel, or any log book if the Division does not apply to it, the appropriate working language for the purposes of navigational safety matters, taking into consideration that each crew member must be able to

  • (a) understand the working language;
  • (b) give orders and instructions in that language, if appropriate; and
  • (c) report back in that language, if appropriate.

Translations

(2) If the working language is not an official language of the state whose flag the vessel is entitled to fly, all plans and lists required to be posted, and all documents establishing procedures, must include a translation into the working language in addition to a copy in an official language.

English as working language

(3) Despite subsection (1), English must be used for bridge-to-bridge and bridge-to-shore safety communications, as well as for communications on board between the pilot and bridge watchkeeping personnel, unless the individuals directly involved in the communication speak a common language other than English.

Record of navigational activities

141 (1) Every vessel of 150 gross tonnage or more that is engaged on an international voyage must keep a record on board of navigational activities and events that are of importance to the safety of navigation.

Contents of record

(2) The record must contain

  • (a) details to establish a complete record of the voyage, taking into account the Annex to IMO Resolution A.916(22), Guidelines for the Recording of Events Related to Navigation ; and
  • (b) the dates on which the checks and tests referred to in subsections 139(1) and (2) were carried out and the dates and details of emergency steering drills carried out pursuant to subsection 139(3).

Maintenance of record

(3) The record must be maintained in writing in accordance with section 4 of the annex referred to in subsection (2) and kept for a period of not less than five years.

Visibility requirements — Canadian vessels constructed on or after July 1, 2002

142 (1) Every Canadian vessel of 55 m or more in length that is constructed on or after July 1, 2002 must comply with the following requirements:

  • (a) the view of the sea surface from the conning position must not be obscured for more than two vessel lengths or 500 m, whichever is lesser, forward of the bow to 10° on either side under all conditions of draught, trim and deck cargo;
  • (i) no blind sector may exceed 10°,
  • (ii) the total arc of blind sectors must not exceed 20°,
  • (iii) the clear sectors between blind sectors must be at least 5°, and
  • (iv) in the view described in paragraph (a), each individual blind sector must not exceed 5°;
  • (c) the horizontal field of vision from the conning position must extend over an arc of not less than 225° that is from right ahead to not less than 22.5° abaft the beam on either side of the vessel;
  • (d) from each bridge wing, the horizontal field of vision must extend over an arc of at least 225° that is from at least 45° on the opposite side through right ahead and then from right ahead to right astern through 180° on the same side of the vessel;
  • (e) from the main steering position, the horizontal field of vision must extend over an arc from right ahead to at least 60° on each side of the vessel;
  • (f) the vessel’s side must be visible from the bridge wing;
  • (g) the height of the lower edge of the navigation bridge front windows above the bridge deck must be kept as low as possible, and in no case can the lower edge present an obstruction to the forward view as required in this subsection;
  • (h) the upper edge of the navigation bridge front windows must allow a forward view of the horizon, for a person with a height of eye of 1 800 mm above the bridge deck at the conning position, when the vessel is pitching in heavy seas; and
  • (i) the navigation bridge front windows must be inclined from the vertical plane, top out, at an angle of not less than 10° but not more than 25°,
  • (ii) framing between navigation bridge windows must be kept to a minimum and not be installed immediately forward of any workstation,
  • (iii) windows must not be polarized or tinted, and
  • (iv) it must be possible, at all times and regardless of weather conditions, to have a clear view through at least two of the navigation bridge front windows and, depending on the bridge configuration, through an additional number of clear-view windows.

Visibility requirements — Canadian vessels constructed before July 1, 2002

(2) Every Canadian vessel of 55 m or more in length that was constructed before July 1, 2002 must comply with the requirements set out in paragraphs (1)(a) and (b), unless structural alterations or additional equipment are required to comply with those paragraphs.

Plan for cooperation with search and rescue services

143 (1) Every passenger vessel that is less than 150 gross tonnage and that is engaged on an international voyage must have on board a plan for cooperation with the search and rescue services for each area in which the vessel is navigating in the event of an emergency.

Requirements of plan for cooperation

(2) The plan for cooperation must

  • (a) be developed by the authorized representative of the vessel taking into account IMO standard MSC/Circ.1079, Guidelines for Preparing Plans for Cooperation Between Search and Rescue Services and Passenger Ships ; and
  • (b) include provisions for the periodic undertaking of exercises to test its effectiveness.

Charts and Publications

144 The following definitions apply to this Division.

  • reference catalogue means, in respect of an area to be navigated by a vessel, a catalogue of nautical charts and related publications for that area, published by the Canadian Hydrographic Service or published by or under the authority of a hydrographic office or other relevant government institution of a foreign state. ( catalogue de référence )
  • (a) Canadian waters; and
  • (b) the exclusive economic zone of Canada. ( eaux de compétence canadienne )

Charts, documents and publications on board

145 (1) A master of a vessel and its owner must have on board the most recent version of the following charts, documents and publications, in respect of each area in which the vessel is to be navigated:

  • (i) in the case of a Canadian vessel in Canadian waters, the Canadian Hydrographic Service, or
  • (ii) in any other case, the Canadian Hydrographic Service or the hydrographic office or other relevant government institution of a foreign state;
  • (b) the annual edition of the Notices to Mariners;
  • (i) Sailing Directions , published by the Canadian Hydrographic Service,
  • (ii) Canadian Tide and Current Tables , published by the Canadian Hydrographic Service,
  • (iii) Lists of Lights, Buoys and Fog Signals , published by the Canadian Coast Guard, and
  • (iv) where the vessel is required by these Regulations or any foreign law to be fitted with radio equipment, the Radio Aids to Marine Navigation;
  • (i) sailing directions,
  • (ii) tide and current tables,
  • (iii) lists of lights, and
  • (iv) where the vessel is required to be fitted with radio equipment by these Regulations, the list of radio aids to navigation;
  • (e) in the case of a vessel, other than a pleasure craft of less than 150 gross tonnage, that is engaged on a voyage other than a sheltered waters voyage, an illustrated table of life-saving signals;
  • (f) in the case of a Canadian vessel of 150 gross tonnage or more, a printed copy of the International Aeronautical and Maritime Search and Rescue Manual, Volume III, Mobile Facilities , published by the IMO and the International Civil Aviation Organization;
  • (g) in the case of a Canadian vessel required to be fitted with radio equipment under Part 2 and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage, or a Safety Convention vessel, a printed copy of the International Code of Signals published by the IMO and a printed copy of Annex 1 to IMO Resolution A.918(22), IMO Standard Marine Communication Phrases ; and
  • (h) in the case of a vessel that is engaged on a voyage during which ice may be encountered, the document entitled Ice Navigation in Canadian Waters , published by the Canadian Coast Guard.

Availability — documents and publications in paragraphs (1)(e) and (f)

(2) The owner and the master of a vessel must make readily available, to the person in charge of the navigation of the vessel, the table required by paragraph (1)(e) and the publication required by paragraph (1)(f), as the case may be.

Exception — less than 100 gross tonnage

(3) The owner and the master of a vessel of less than 100 gross tonnage do not have to carry on board the charts, documents and publications referred to in subsection (1) if the person in charge of navigation has sufficient knowledge of the following about where the vessel is to be navigated such that safety and efficiency of navigation in that area will not be compromised:

  • (i) shipping routes,
  • (ii) lights, buoys and marks, and
  • (iii) navigational hazards; and
  • (b) the prevailing navigational conditions, taking into account such factors as tides, currents, and ice and weather patterns.

Exception — inability to obtain charts, documents and publications

(4) Subsection (1) does not apply if the owner and the master of a vessel are unable, after reasonable efforts, to obtain at any place at which the vessel calls, the charts, documents or publications required by this Division and the safety and efficiency of navigation in that area will not be compromised.

Conformity to requirements when circumstances permit

(5) Where the owner and the master are under the impossibility referred to in subsection (4) they must comply with subsection (1) as soon as the circumstances permit.

Exception — foreign state publications

(6) The publications referred to in paragraphs (1)(c) and (d) may be replaced by similar publications issued officially by or on the authority of an authorized hydrographic office or other relevant government institution of a foreign state, if the information contained in them that is necessary for the safe navigation of a vessel in the area in which the vessel is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the publications referred to in those paragraphs.

Electronic chart

146 (1) A chart referred to in paragraph 145(1)(a) may be in electronic form if it is displayed on an ECDIS that

  • (a) in waters for which an ENC is available, is operated using the ENC;
  • (b) in waters for which an ENC is not available, is operated using a raster navigational chart (RNC) that is a facsimile of a printed chart and that is issued on the authority of the Canadian Hydrographic Service or a hydrographic office authorized by the government of a foreign state;
  • (c) when operating in the raster chart display system (RCDS) mode, is used in conjunction with printed charts that meet the requirements of subsection 145(1);
  • (d) has chart content and display aspects that conform to the Specifications for Chart Content and Display Aspects of ECDIS , published by the International Hydrographic Organization; and
  • (A) meets the standards set out in Appendix 6 of Annex 24 to IMO Resolution MSC.232(82), Adoption of the Revised Performance Standards for Electronic Chart Display and Information Systems (ECDIS) ,
  • (B) is connected to the vessel’s main and emergency sources of electrical power, and
  • (C) is provided with an emergency source of electrical power providing uninterrupted transitional power for a period of not less than 30 minutes, or
  • (ii) printed charts that meet the requirements of paragraph 145(1)(a) and on which the position of the vessel is being plotted at intervals that will enable a safe and immediate takeover in the event of an ECDIS failure.

(2) For the purposes of subsection (1), ENC means an electronic navigational chart database that

  • (a) is standardized as to content, structure and format;
  • (b) is issued for use with an ECDIS on the authority of the Canadian Hydrographic Service or a hydrographic office authorized by the government of a foreign state; and
  • (c) contains all the chart information necessary for safe navigation.

Planning a voyage

147 (1) The master of a vessel must, before embarking on a voyage, plan the intended voyage

  • (a) taking into account the Annex to IMO Resolution A.893(21), Guidelines for Voyage Planning ; and
  • (b) if the vessel is required by section 145 to have charts, documents and publications on board, in accordance with those charts, documents and publications.

Identifying a route

(2) When making the plan, the master must identify a route that

  • (a) takes into account any relevant routeing systems;
  • (b) ensures sufficient sea room for the safe passage of the vessel throughout the intended voyage;
  • (c) anticipates all known navigational hazards and adverse weather conditions; and
  • (d) takes into account any marine environmental protection measures that apply and avoids, as far as possible, actions and activities that could cause damage to the environment.

Voyage display and position monitoring

(3) The master of every vessel that is required by section 145 to have a chart on board, must display the vessel’s route for the intended voyage and plot and monitor positions on the chart throughout the voyage.

Navigation accessories

148 Any vessel that is required by section 145 to carry charts and nautical publications must be fitted with

  • (a) the navigation accessories necessary to permit the proper use of the charts so as to precisely determine the position of the vessel;
  • (b) the navigation accessories necessary to determine the accuracy of compass readings; and
  • (c) one pair of binoculars.

Up-to-date charts, documents and publications

149 (1) The master of a vessel must ensure that the charts, documents and publications required by this Division, before being used to plan and execute a voyage, are correct and up-to-date, based on information that is contained in Notices to Mariners or a Navigational Warning.

(2) Subsection (1) does not apply if the circumstances of the voyage are such that it is impossible for the Master, after making reasonable efforts, to receive Notices to Mariners or Navigational Warnings.

[ 150 to 199 reserved]

PART 2

Marine radiocommunications.

Interpretation

200 The following definitions apply in this Part.

  • appropriate VHF channel means the channel specified in Notices to Mariners or in any law of Canada or of any foreign state for use in a traffic zone, or part thereof, for vessel traffic management purposes. ( voie VHF appropriée )
  • continuous watch means a radio watch that is uninterrupted except for brief intervals when the receiving capability of the radio installations are impaired or blocked by the installations’ own communications or by periodical maintenance or checks. ( veille permanente )
  • DSC means digital selective calling, which is a technique using digital codes that enables a radio station to establish contact with, and transfer information to, another station or group of stations, which technique conforms to Recommendation ITU-R M.493, Digital Selective-calling System for use in the Maritime Mobile Service , published by the International Telecommunication Union, Radiocommunication Sector. ( ASN )
  • enhanced group call equipment means a radio installation capable of receiving maritime safety information and search and rescue information broadcast by the enhanced group call system that allows for the broadcast of coordinated maritime safety information and search and rescue information to a defined geographical area using a mobile satellite service recognized by the IMO. ( équipement d’appel de groupe amélioré )
  • EPIRB means an emergency position indicating radiobeacon operating in the 406 MHz band. ( RLS )
  • international NAVTEX service means the coordinated broadcast of maritime safety information in the English language on the radio frequency of 518 kHz that is automatically received on any vessel through NBDP. ( service NAVTEX international )
  • maritime safety information means navigational and meteorological warnings, meteorological forecasts and other urgent safety-related messages broadcast to vessels. ( renseignements sur la sécurité maritime )
  • MF radio installation means a radio installation capable of transmitting and receiving voice communications and communications using DSC in the MF bands. ( installation radio MF )
  • MF/HF radio installation means a radio installation capable of transmitting and receiving voice communications and communications using NBDP and DSC in the MF/HF bands. ( installation radio MF/HF )
  • NAVTEX receiver means a receiver that is capable of receiving an international NAVTEX service message. ( récepteur NAVTEX )
  • NBDP means the process of message transmission known as narrow-band direct-printing telegraphy that uses the International Telegraph Alphabet Number 2 Code in such a way that receiving equipment automatically produces a printed version of the transmitted message. ( IDBE )
  • PLB means a personal locator beacon operating in the 406 MHz band. ( BLP )
  • radio inspector means a person, classification society or other organization authorized by the Minister to carry out radio inspections under section 12 of the Act. ( inspecteur de radio )
  • radio operator means a person who is the holder of a radio operator certificate issued under subparagraph 5(1)(a)(iii) of the Radiocommunication Act or an equivalent certificate issued by the appropriate authority of a foreign state and who is in charge of a radio watch on a vessel. ( opérateur radio )
  • SART means a transponder designed for search and rescue purposes that operates on a radar frequency or an AIS frequency. ( répondeur SAR )
  • sea area A1 means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available. ( zone océanique A1 )
  • sea area A2 means an area, excluding sea area A1, within the radiotelephone coverage of at least one Medium Frequency (MF) coast station in which continuous DSC alerting is available. ( zone océanique A2 )
  • sea area A3 means an area, excluding sea area A1 and sea area A2, within the coverage of a mobile satellite service that is recognized by the IMO and supported by the ship earth station carried on board, in which continuous alerting is available. ( zone océanique A3 )
  • sea area A4 means an area outside of sea area A1, sea area A2 and sea area A3. ( zone océanique A4 )
  • ship earth station means a mobile earth station located on board a vessel in a mobile-satellite service that has been recognized by the IMO. ( station terrienne de navire )
  • (a) when carried on board a fishing vessel, a survival craft within the meaning of section 2 of the Large Fishing Vessel Inspection Regulations ; and
  • (b) when carried on board a vessel other than a fishing vessel, a survival craft within the meaning of subsection 2(1) of the Life Saving Equipment Regulations . ( bateau de sauvetage )
  • traffic centre means a centre established by a government for the purpose of regulating marine traffic within a traffic zone. ( centre de gestion du trafic )
  • (a) described in Notices to Mariners or in any law of Canada or of a foreign state; and
  • (b) established for the purpose of directing vessel traffic. ( zone de gestion du trafic )
  • VHF radio installation means a radio installation capable of transmitting and receiving voice communications on VHF frequencies. ( installation radio VHF )

Radio Equipment — General Requirements

201 (1) This Division applies in respect of Canadian vessels.

Application — sections 203 to 207

(2) Sections 203 to 207 also apply in respect of foreign vessels in Canadian waters.

(3) This Division does not apply in respect of

  • (a) a dredge or a floating plant unless it is located in any place where it constitutes a collision hazard to other vessels;
  • (b) a towboat, if the towboat and its tow are located within a booming ground; or
  • (c) a pleasure craft.

202 A towboat that is not a Safety Convention vessel and that is engaged in a towing operation outside the sea area in which it normally operates, is not required to meet any additional radio equipment requirements for outside the sea area in which it normally operates if

  • (a) one of the vessels engaged in the towing operation with the towboat meets the requirements for that sea area; or
  • (b) it is engaged in a towing operation in an emergency situation on an exceptional basis.

Vessels subject to Chapter IV of SOLAS

203 (1) A vessel to which Chapter IV of SOLAS applies must be equipped with radio equipment in accordance with Part C of that Chapter.

Regulation 14 of Chapter IV of SOLAS — type approval

(2) For the purpose of this section, the words “type approved by the Administration” used in Regulation 14 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when the requirements apply in respect of a Canadian vessel.

Regulation 15.6 of Chapter IV of SOLAS — interpretation

(3) For the purposes of this section, Regulation 15.6 of Chapter IV of SOLAS is to be interpreted as excluding the words “such methods as” and “, as may be approved by the Administration”.

Regulation 15.7 of Chapter IV of SOLAS — interpretation

(4) For the purposes of this section, the words “such as” used in Regulation 15.7 of Chapter IV of SOLAS is to be read as “from among” and that Regulation is to be interpreted as excluding the words “, as may be approved by the Administration”.

Responsibility of authorized representative

204 The authorized representative of a vessel must ensure that the vessel is equipped with radio equipment in accordance with this Part before the vessel embarks on a voyage and is kept so equipped during the voyage.

VHF radio installation

205 (1) A vessel on a voyage, any part of which is in sea area A1, or on a voyage more than five nautical miles from shore on the sea coasts of Canada, must be equipped with a VHF radio installation capable of DSC if the vessel is

  • (a) more than 8 m in length;
  • (b) carrying passengers; or
  • (c) a tow boat.

(2) Subsection (1) does not apply to a vessel that carries 6 passengers or less and is not more than 8 m in length if it carries a portable VHF handheld radio capable of DSC.

Great Lakes — supplementary VHF radio for certain vessels

206 (1) The following vessels, if engaged on a voyage in the Great Lakes Basin, must be equipped with a VHF radio installation that is in addition to the one required by section 205:

  • (a) a vessel of 300 gross tonnage or more; and
  • (b) a passenger vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage.

Supplementary VHF radio for other vessels

(2) Any other vessel engaged on a voyage in the Great Lakes Basin must be equipped with a VHF radio installation or a portable VHF handheld radio in addition to the radio equipment required by section 205 if it is

  • (a) a vessel that carries more than six passengers; or
  • (b) a towboat whose tow, excluding the tow line, is 20 m or more in length.

Technical Regulations of the Great Lakes Agreement

(3) All VHF radio installations and portable VHF handheld radios required under this section must conform to the requirements of Regulations 1 and 2 of the Technical Regulations annexed to the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973 .

Navigation outside sea area A1

207 A vessel that is engaged on a voyage any part of which is outside sea area A1 must be equipped with radio equipment capable of establishing two-way communications at any time with a Canadian Coast Guard Marine Communications and Traffic Services Centre or, if that is not possible, with another organization or person on shore that is providing communications with the vessel, if it is a vessel that

  • (a) carries passengers more than two nautical miles from shore;
  • (b) carries more than 6 passengers; or
  • (c) is engaged on a near coastal voyage, Class 1 or an unlimited voyage.

Navigation outside internal waters and sea area A1

208 (1) A vessel to which Chapter IV of SOLAS does not apply and that is engaged on a voyage outside internal waters and sea area A1 must be equipped with radio equipment in accordance with Part C of Chapter IV of SOLAS if it

  • (a) is a passenger vessel that is 20 m or more in length; or
  • (b) has a gross tonnage of 300 or more.

Gulf of St. Lawrence

(2) For the purpose of this section, sea area A1 includes all of the Gulf of St. Lawrence.

Exception — VHF radio installation

(3) Despite subsection (1), a vessel may be equipped with a VHF radio installation capable of DSC specified in column 1 of item 2 of Schedule 3 instead of the VHF radio installation required by Part C of Chapter IV of SOLAS.

(4) For the purpose of this section, the words “type approved by the Administration” used in Regulation 14 of Chapter IV of SOLAS must be read as “type approved by a competent authority”.

(5) For the purposes of this section, Regulation 15.6 of Chapter IV of SOLAS is to be interpreted as excluding the words “such methods as” and “as may be approved by the administration”.

(6) For the purposes of this section, the words “such as” used in Regulation 15.7 of Chapter IV of SOLAS is to be read as “from among” and that Regulation is to be interpreted as excluding the words “as may be approved by the administration”.

Regulation 15.7 of Chapter IV of SOLAS – exception

(7) Despite subsection (1), Regulation 15.7 of Chapter IV of SOLAS does not apply to a vessel that is engaged on a voyage in sea area A3 or sea area A4, if it meets the requirements of Regulation 15.6 of Chapter IV that applies to a vessel that is engaged on a voyage in sea area A1 or sea area A2.

209 One of the SARTs required to be on board a vessel under the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations must be stowed so that it is readily accessible for immediate use on board.

Float-free EPIRB

210 (1) A vessel must be equipped with a float-free EPIRB if

  • (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or
  • (b) the vessel is on a near coastal voyage, Class 2 and is more than 12 m in length.

Float-free EPIRB — location

(2) A float-free EPIRB required by this section must be fitted on board a vessel such that it would allow the EPIRB to

  • (a) float free should the vessel sink;
  • (b) be readily accessible near the position from which the vessel is normally navigated, unless it can be activated by remote control from that position; and
  • (c) be manually released and carried into a survival craft.

EPIRB or other equipment

(3) A vessel that is 12 m or less in length and that is engaged on a near coastal voyage, Class 2 and that is on the waters of the sea coasts of Canada, the waters of the Great Lakes, their connecting and tributary waters, or the waters of the St. Lawrence River must be equipped with

  • (a) a float-free EPIRB;
  • (b) a manually activated EPIRB;
  • (c) a PLB; or
  • (d) in the case of a vessel less than 8 m in length that operates exclusively in sea area A1, a waterproof portable VHF handheld radio capable of DSC.

Manual EPIRB or other equipment — location

(4) A manually activated EPIRB, a PLB or a portable VHF handheld radio capable of DSC must be worn by the person in charge of the navigational watch or if that is not practicable, located in a manner and place that makes it readily accessible for immediate use in the event of abandonment of the vessel.

Broadcast service of maritime safety information

211 (1) A vessel that is engaged on a voyage in an area where there is a coordinated broadcast of maritime safety information over medium frequency, such as by an international NAVTEX service, must be equipped with a NAVTEX receiver or another receiver that is compatible with the broadcast service when it is making a voyage beyond the limits of sea area A1, if it is

  • (a) a vessel that carries more than 6 passengers;
  • (b) a fishing vessel of 24 m or more in length;
  • (c) a towboat with a gross tonnage of 150 or more; or
  • (d) a vessel of a gross tonnage of 300 or more.

Maritime safety information

(2) A vessel to which subsection (1) does not apply and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must have the necessary equipment to receive maritime safety information during the voyage.

Search and rescue VHF radio direction-finding apparatus

212 The following vessels must be equipped with a search and rescue VHF radio direction-finding apparatus:

  • (a) a government vessel used for search and rescue; and
  • (b) a standby vessel used to provide transport or assistance to employees employed on or in connection with exploration or drilling for, or the production, conservation, processing or transportation of oil or gas.

Documents and publications

213 Every vessel must have on board in a readily accessible location the following:

  • (a) the radio operator certificate for each of its the radio operators; and
  • (i) the Radio Aids to Marine Navigation, and
  • (ii) the radio inspection certificate for the radio installation, if a certificate is required by section 242.

Antenna plan

214 A vessel that is 20 m in length or more must have an antenna plan that indicates the relative position of each antenna.

Main operating position requirements

215 The main operating position of a radio installation must have

  • (a) a card of instructions, visibly displayed, setting out a clear summary of the radio distress procedures, such as TP 9878, Distress and Safety Radiotelephone Procedures , published by the Department of Transport;
  • (i) instructions to enable the radio equipment to be properly operated, and
  • (ii) the instructions, replacement parts and tools necessary to carry out routine maintenance and checks on the radio equipment, as recommended by the manufacturer or required by Division 2, that may be performed by persons who are not radio technicians; and
  • (c) a visibly displayed, reliable and accurate device for indicating time.

Spare antenna

216 A vessel of 20 m or more in length that is equipped with only one VHF radio installation must be equipped with a spare antenna accompanied by sufficient interconnecting cable to permit the fast replacement of the main antenna without retuning.

Sources of electrical energy

217 A vessel must be equipped with a supply of electrical energy sufficient to operate its radio installation and to charge any batteries used as part of the reserve source of energy for the radio installation.

Reserve sources of energy

218 (1) A vessel that is 20 m or more in length, a vessel that carries more than 6 passengers or a towboat must have

  • (a) a reserve source of energy that meets the requirements of Division 2 and that is sufficient to supply its radio installation for the purpose of conducting distress and safety communications in the event of a failure of the main and emergency sources of electrical energy; and
  • (b) a permanent means, independent of the main and emergency sources of electrical energy, for internally or externally lighting the radio controls necessary for the operation of its radio installation.

(2) Subsection (1) does not apply in respect of a vessel that carries more than six passengers or a towboat, if

  • (a) it is less than 20 m in length;
  • (b) it is navigating in sea area A1; and
  • (c) it is equipped with a survival craft VHF radiotelephone or a waterproof portable VHF handheld radio capable of DSC.

Radio Equipment — Technical Requirements

Application — Canadian vessel

219 (1) This Division, other than section 230, applies in respect of radio equipment, including all documentation for the equipment that a Canadian vessel must have on board to meet the requirements of Division 1, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations .

Application — foreign vessel

(2) Sections 220, 221 and 225 and the requirement under subsection 242(2) to inspect the radio installation also apply in respect of any radio equipment, including documentation for the equipment that a foreign vessel in Canadian waters must have on board to meet the requirements of Division 1, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations .

Application — section 230

(3) Section 230 applies to all EPIRBs and PLBs on board a Canadian vessel and a Canadian pleasure craft.

Compliance with this Division

220 The authorized representative of a vessel that is equipped with radio equipment to which this Division applies must ensure that the requirements of this Division are met.

General requirements for a radio installation

221 A radio installation must be

  • (i) protected from mechanical, electrical or any other interference that would adversely affect its functioning,
  • (ii) compatible with other radio and electronic equipment installed on the vessel and not to cause adverse electromagnetic or electrostatic interaction, and
  • (iii) readily accessible for maintenance purposes and inspection;
  • (b) clearly marked with the vessel’s name, call sign, maritime mobile service identity number and any other identifier that may be used in the course of transmitting or receiving communications; and
  • (i) so as to maximize its safety and operational accessibility,
  • (ii) so as to enable the monitoring of the distress and safety frequencies, including maritime safety information and the sending of distress signals or distress alerts from the position from which the vessel is normally navigated, and
  • (iii) so as to protect it from the harmful effects of water, extremes of temperature and other adverse environmental conditions.

VHF radio accessibility

222 A VHF radiotelephone or a VHF radio installation must be accessible from the vessel’s conning position and its operation, including the selection of channels, must be possible from that position.

Position of the vessel

223 If radio equipment is capable of automatically providing the vessel’s position when transmitting a distress alert, the vessel’s position and the time the vessel was at that position must be made available from a global navigation satellite system receiver for transmission by the radio equipment.

Radio equipment standards

224 (1) The radio equipment referred to in column 1 of Schedule 3 must be type approved by a competent authority as conforming to the following standards:

  • (a) the performance standards in the annex to IMO Resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids ;
  • (b) the testing standards IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems — General Requirements — Methods of Testing and Required Test Results ; and
  • (c) subject to subsection (2), the standards set out for that equipment in column 2 and in column 3 or 4 of Schedule 3.

(2) The equipment may be type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that of a standard for that equipment required under paragraph (1)(c).

Language of proof

Portable VHF handheld radio with DSC

225 (1) A portable VHF handheld radio capable of DSC must

  • (a) be capable of transmitting and receiving distress and safety alerts using DSC on frequency 156.525 MHz (channel 70);
  • (i) the distress and safety frequency of 156.8 MHz (channel 16),
  • (ii) the primary inter-vessel safety communication frequency of 156.3 MHz (channel 6),
  • (iii) the bridge-to-bridge communication frequency of 156.65 MHz (channel 13),
  • (iv) the public correspondence frequency specifically assigned for the area in which the vessel is navigating, and
  • (v) any other VHF frequencies that are necessary for safety purposes in the area in which the vessel is navigating;
  • (i) a VHF frequency specifically assigned for the transmission of maritime safety information in the area in which the vessel is navigating, or
  • (ii) if no frequency is specifically assigned in the area in which the vessel is navigating, any other frequency used for transmitting maritime safety information,
  • (d) be certified as waterproof by the manufacturer;
  • (e) not be unduly affected by exposure to seawater, oil, or the sun;
  • (f) be of robust mechanical construction;
  • (g) have an internal receiver and antenna for the global navigation satellite system capable of providing an accurate position within 90 seconds of being switched on, when provided with an unobstructed view of the sky; and
  • (h) be capable of six hours of operation, with a duty cycle of 10% transmitting, 10% receiving above squelch level and 80% receiving below squelch level.

Rechargeable battery

(2) A portable VHF handheld radio capable of DSC that is powered by a rechargeable battery must be accompanied with a device capable of fully charging the battery from empty within 10 hours.

Supplementary VHF radio

226 (1) If a vessel is equipped with a supplementary VHF radio installation to meet the requirements of section 206, it must be functionally independent from the VHF radio installation required under section 205.

Source of energy

(2) The VHF radio installations referred to in subsection (1) may be connected to the main source of energy for the vessel, but one of the installations must have a source of energy that is both separate from the main source and located in the upper part of the vessel.

VHF radio antenna

227 The antenna of a VHF radio installation must be

  • (a) capable of transmitting and receiving a vertically polarized signal;
  • (b) installed as high as is practicable on a vessel and in such a manner as to provide an omnidirectional radiation pattern; and
  • (c) connected to the radio installation by the shortest possible transmission line.

Battery-powered VHF radio

228 (1) If batteries are the main source of energy for a VHF radio installation on board a vessel, the batteries must

  • (a) be located in the upper part of the vessel;
  • (b) have sufficient capacity to operate the VHF radio installation; and
  • (c) be accompanied with a device capable of fully charging the batteries from empty within 10 hours.

Exception to paragraph (1)(a)

(2) If it is impracticable to locate the batteries in the upper part of a vessel whose construction was begun before June 1, 1978 or that is less than 20 m in length, they must be located as high in the hull as is practicable.

MF/HF radio installations

229 An MF/HF radio installation’s transmitter on board a vessel must be capable of delivering 125 W peak envelope power at the output of the transmitter.

Beacon registration

230 (1) The authorized representative must register an EPIRB or PLB with the Canadian Beacon Registry maintained by the Department of National Defence.

Updating the Canadian Beacon Registry

(2) The authorized representative must provide an update to the information contained in the Canadian Beacon Registry within 30 days of a change in the information.

Technical Requirements — EPIRB and PLB

231 (1) Every EPIRB and PLB must be type approved by COSPAS-SARSAT, attesting to its conformity with the technical requirements of standard C/S T.007 entitled COSPAS-SARSAT 406 MHz Distress Beacon Type Approval Standard published by COSPAS-SARSAT.

On-board type approval document

(2) The type approval referred to in subsection (1) must be proved by a type approval certificate issued by COSPAS-SARSAT that is kept in a readily accessible location on board.

Replacing the automatic release mechanism — EPIRB

232 (1) The automatic release mechanism of an EPIRB must be marked with the replacement date determined by the manufacturer and be replaced on or before that date in accordance with the manufacturer’s instructions.

Replacing the battery — EPIRB or PLB

(2) The battery of an EPIRB or PLB must be replaced in the following cases in accordance with the manufacturer’s instructions:

  • (a) after the use of the EPIRB or PLB in an emergency;
  • (b) after an inadvertent activation of the EPIRB or PLB;
  • (c) if required as a result of an inspection or testing of the EPIRB or PLB; or
  • (d) on or before the expiry date indicated on the battery.

Replacing the battery — SART

233 The battery of a SART must be replaced in accordance with the manufacturer’s instructions on or before the expiry date indicated on the battery.

Survival craft VHF radiotelephone — battery

234 A battery used to power a survival craft VHF radiotelephone must

  • (a) if the battery is non-rechargeable, be replaced, on or before the expiry date indicated on the battery; or
  • (b) if the battery is rechargeable, be maintained in a fully charged condition while the vessel is at sea and the radiotelephone is not being used for communication purposes.

Search and rescue VHF radio direction-finding equipment

235 Search and rescue VHF radio direction-finding equipment must

  • (a) be capable of receiving amplitude-modulated signals on frequency 121.5 MHz;
  • (b) be capable of receiving frequency or phase-modulated signals on frequency 156.8 MHz (channel 16); and
  • (c) provide an automatic indication-of-direction signal that is received when the source of the signal is located within an arc of 30° on either side of the vessel’s bow.

Reserve source of energy

236 (1) If a vessel is required to have a reserve source of energy under section 218, it must be capable of

  • (a) being used immediately in the event of a failure of the main source of electrical energy; and
  • (i) the VHF radio installation,
  • (ii) the lighting required by paragraph 218(1)(b), and
  • (iii) the radio equipment that the vessel must be equipped with under section 208.

(2) The reserve source of energy must have a capacity to provide electrical energy for

  • (a) one hour, if the radio equipment is provided with an emergency source of electrical power that meets the standards set out in TP 127, Ship Electrical Standards , published by the Department of Transport; and
  • (b) six hours, in any other case.

Electrical capacity

(3) The electrical capacity of the reserve source of energy under distress conditions must, for the period prescribed in subsection (2), be equal to the aggregate of

  • (a) one half of the electrical capacity necessary for the transmission of communications;
  • (b) the electrical capacity necessary for the continuous reception of communications; and
  • (c) the electrical capacity necessary for the continuous operation of any additional radio equipment or lighting connected to that reserve source of energy.

Independence

(4) The reserve source of energy must be independent of the propelling power of the vessel and the vessel’s electrical system.

Simultaneous supply

(5) The reserve source of energy must, for the period prescribed by subsection (2), be capable of simultaneously supplying energy

  • (a) to all radio installations that can be connected to the reserve source of energy at the same time; or
  • (b) if only one radio installation can be connected to the reserve source of energy at the same time as a VHF radio installation, to the radio installation that uses the most power.

Electrical lighting

(6) The reserve source of energy must be used to supply the electrical lighting for a radio installation unless the electrical lighting has an independent source of energy that meets the capacity requirements set out in subsection (2).

Reserve source of energy consisting of rechargeable batteries

237 (1) If the reserve source of energy consists of rechargeable batteries, a vessel must have

  • (a) a means of recharging the batteries from empty to the minimum capacity required within 10 hours; or
  • (b) for a vessel that is less than 20 m in length, a reserve battery of a capacity sufficient for the duration of the voyage.

Installation of rechargeable batteries

(2) Rechargeable batteries that constitute the reserve source of energy for a radio installation must be installed so that they

  • (a) are maintained at all times at the temperature specified by the manufacturer of the batteries; and
  • (b) provide, when fully charged, the minimum number of hours of operation required by subsection 236(2), regardless of meteorological conditions.

Failure of electrical energy

(3) If a radio installation requires an uninterrupted input of data from the vessel’s global navigation satellite system receiver in order to function properly, the means to ensure the continuous input of the data must be provided in the event of a failure of the vessel’s main or emergency source of electrical energy.

Assessments and tests before a voyage

238 A radio operator must, before embarking on a voyage, ensure that the radio equipment is in proper operating condition.

Assessment of radio installation at sea

239 (1) A radio operator must, while a vessel is at sea, assess

  • (a) daily the operating condition of a radio installation; and
  • (b) subject to subsection (2), in the case of a VHF radio installation, MF radio installation or MF/HF radio installation, weekly by means of normal communications or a test call carried out within the communication range of either a radio installation or a coast station that is capable of DSC, the operating condition of the radio installation.

(2) When, for longer than a week, a vessel has been out of the communication range of a radio installation or a coast station that is capable of DSC, a radio operator must make the test call at the first opportunity after the vessel is within the communication range of a coast station in order to assess the operating condition of the radio installation.

Testing transmitter functioning

(3) A radio operator must, when testing the operating condition of a radio installation transmitter, use the antenna normally used for the transmitter.

Restoring to proper functioning

(4) If an assessment referred to in subsection (1) or (2) indicates that the radio equipment or the reserve source of energy is not operating properly, the equipment or source of energy shall be restored to its proper operating condition without delay.

Verifying condition of out of service radio installation

(5) If a radio installation is out-of-service for more than 30 days, a radio operator must verify, within the seven days before the vessel embarks on a voyage, that the radio equipment is in proper operating condition and must enter that information in the radio log.

Radio equipment batteries

240 (1) Where batteries constitute a source of electrical energy for radio equipment, other than an EPIRB or PLB, they must be

  • (a) tested daily, to determine the state of their charge;
  • (b) checked once each month, to determine the physical condition of the batteries, their connections and compartment; and
  • (c) sufficiently charged to permit the continuous operation of the radio equipment for the duration of the voyage.

Reserve rechargeable batteries

(2) Rechargeable batteries that constitute a reserve source of electrical energy for any radio equipment must undergo

  • (a) unless the battery manufacturer advises otherwise, once a year, when a vessel is not at sea, a check of their capacity by fully discharging and recharging them, using normal operating current and their battery rating period; and
  • (i) immediately before the vessel embarks on a voyage, and
  • (ii) each week, while the vessel is at sea.

Inspection and testing of EPIRB or PLB

241 (1) An EPIRB or PLB, other than an EPIRB or PLB stowed in an inflatable life raft, must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

Inspection and testing of a SART

(2) A SART must be inspected and tested by the radio operator on installation and at least once every six months thereafter, in accordance with the manufacturer’s instructions.

VHF radiotelephone testing

(3) A survival craft VHF radiotelephone must be tested by a radio operator during each boat and fire drill held on board the vessel, if the radiotelephone has a power source that can be replaced or recharged by the user.

Inspection — non-safety convention vessel

242 (1) The master of a vessel described below, other than a Safety Convention vessel, must ensure that the radio installation is inspected by a radio inspector within the 30 days before the vessel embarks on a voyage for the first time:

  • (a) a vessel that is 20 m or more in length;
  • (b) a towboat; or
  • (c) a passenger vessel on a voyage any part of which is in Sea Area A1 or more than five nautical miles from shore on the sea coasts of Canada.

Inspection — Safety Convention vessel

(2) The master of a Safety Convention vessel must have on board a ship safety certificate issued in accordance with Regulation 12 or 13 of Part B, Chapter I, SOLAS.

Subsequent inspections

(3) The master of a vessel to which subsection (1) applies must ensure that the radio installation is inspected by a radio inspector,

  • (a) within 48 months of the previous inspection, in the case of a vessel that is not certified under the Act to engage in voyages other than sheltered waters voyages; and
  • (b) within 12 months of the previous inspection, in the case of a vessel that is certified under the Act to engage in voyages other than sheltered waters voyages.

Exception — Great Lakes Agreement

(4) The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973 does not need to comply with subsection (3) if the vessel engages exclusively on voyages in the Great Lakes Basin.

Inspections — Great Lakes Agreement

(5) The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973 , must have on board a ship station inspection certificate issued in accordance with the Agreement.

Radio inspection certificate

(6) Where the radio installation inspection required by this section demonstrates that the radio installation, including its documentation, conforms to the requirements of this section, the radio inspector must issue a radio inspection certificate and must cite any decision of the Marine Technical Review Board granting any replacement of or exemption from a requirement of these Regulations under subsection 28(4) of the Act.

Radio inspection certificate validity

(7) A radio inspection certificate is valid for a period of

  • (a) 48 months beginning on the date the certificate is issued, in the case of the vessel referred to in paragraph (3)(a);
  • (b) 12 months beginning on the date the certificate is issued, in the case of the vessel referred in paragraph (3)(b); or
  • (c) 13 months beginning on the date the certificate is issued, in the case of the vessel referred to in subsection (5).

Radiotelephone Procedures

Application — Canadian vessels

243 (1) Sections 244 to 250 apply in respect of radio equipment, including all documentation for the equipment, that a Canadian vessel must have on board to meet the requirements of Division 1.

Application — foreign vessels

(2) Sections 245 to 247, paragraph 248(1)(b) and subsection 248(2) also apply in respect of radio equipment, including all documentation for the equipment, that a foreign vessel in Canadian waters must have on board to meet the requirements of Division 1.

Application — sections 251 to 256

(3) Sections 251 to 256 apply to any vessel that is not a Canadian vessel in Canadian waters and to any Canadian vessel that is required by Division 1 to be fitted with a VHF radio installation.

Master and the person in charge of the deck watch responsible

244 The master and the person in charge of the deck watch must ensure that the requirements of this Division are met.

Communications of distress, urgency or safety

245 Any communications of distress, urgency or safety must be in accordance with Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Cancellation of distress signals and alerts

246 A person who has inadvertently transmitted a distress alert from a vessel, or after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO Resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts .

Communication power

247 Except in a case of distress, no radio installation may radiate more power than the power required to ensure clear communication.

248 (1) A person using a radio installation must, when stating the time during voice communications on board a vessel, observe the time in the following manner

  • (a) if the vessel is engaged on an international voyage, observe coordinated universal time (UTC);
  • (b) if the vessel is engaged on a voyage in the Great Lakes Basin, observe the local time of the area in which the vessel is navigating; or
  • (c) if the vessel is engaged on any other type of voyage, observe the local time of the area in which the vessel is navigating.

24-hour system

(2) A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Radio record

249 (1) A vessel must maintain a record in which the radio operator keeps the following information:

  • (i) its name,
  • (ii) its registration number,
  • (iii) its port of registry,
  • (iv) its gross tonnage,
  • (v) its radio call sign,
  • (vi) its maritime mobile service identity number, and
  • (vii) any other information serving to identify it;
  • (b) the period covered by the record;
  • (c) the time of each entry made in the radio record, stated in accordance with section 248;
  • (i) distress and urgency communications,
  • (ii) safety communications respecting the vessel,
  • (iii) abnormal radio propagation conditions that may reduce the effectiveness of the radio installation, and
  • (iv) any other important service incident;
  • (e) the names of the radio operators, the dates each operator is on board and the name of each certificate that each radio operator holds;
  • (f) the name of the radio operator designated for operating the radio equipment during emergencies as required by the Marine Personnel Regulations ;
  • (i) the operating condition of the radio equipment determined by normal communication or a test call, as well as the position of the vessel at the time the determination is made,
  • (ii) the assessment of the reserve source of energy, and
  • (iii) if any of the radio equipment is found not to be in working order, a notation that the master was informed;
  • (h) the time of an inadvertent transmission of a distress, urgency or safety communication and the time and method of its cancellation;
  • (i) the date, time and details of any significant maintenance carried out on the radio installation, including the name of the person or the company that performed the maintenance tasks; and
  • (j) any corrective action taken to remedy any deficiency in the radio equipment required by this Part.

Radio Record Entry

(2) The radio operator making an entry in a radio record must initial the entry.

Accessibility

(3) The radio record must be kept in a place accessible to a radio inspector for a period of not less than twelve months after the date of the last entry and, in the case of a record in paper format, must be kept in its original form.

Continuous Watch

250 (1) A vessel that is equipped with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

  • (a) a VHF radio installation;
  • (b) an MF radio installation;
  • (c) an MF/HF radio installation;
  • (d) a NAVTEX receiver or other means that is used to automatically receive maritime safety information for visual display;
  • (e) enhanced group call equipment; and
  • (f) radio equipment capable of transmitting and receiving communications using NBDP.

MF/HF radio installation

(2) A vessel equipped with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Delayed radio transmission

251 Where, at any time, a radio transmission required to be made by this Regulation is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Radio operator

252 (1) The master or a person authorized by him to maintain a continuous listening watch or to make a navigation safety call required by this Division must be a radio operator.

Obligation to inform person in charge of deck watch

(2) Where any person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Steering and sailing rules

253 Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manoeuvres that contravene those provisions.

Continuous listening watch

254 (1) Subject to subsection (3), on every vessel that is required under section 205 to have a VHF radio installation, a listening watch must be maintained continuously during the period commencing 15 minutes before the vessel is underway and terminating when the vessel is

  • (a) securely anchored, moored or made fast to the shore or secured by any means to the bottom; and
  • (b) in a place where its presence does not constitute a hazard to passing vessels.

VHF channel

(2) A VHF radio installation, referred to in subsection (1), on a vessel described in Column 1 of Schedule 4 must be set to the channel set out in Column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

Interrupted watch

(3) Where a vessel is not fitted with an additional VHF radio installation, the continuous listening watch required by subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.

Navigation safety call

255 (1) Subject to subsection (3), every vessel that is required under section 205 to have a VHF radio installation and that is a vessel described in Column 1 of Schedule 4, other than a dredge or floating plant, must make a navigation safety call on the channel set out in Column 3 for that vessel, under the following circumstances:

  • (a) when risk of collision with another vessel exists under those provisions of the Collision Regulations that apply in the area being navigated by the vessel;
  • (b) when the navigation safety call of another vessel indicates that a close-quarters situation may develop;
  • (i) overtake another vessel,
  • (ii) be overtaken by another vessel;
  • (d) when doubt exists as to the actions or the intentions of another vessel;
  • (e) when the vessel is nearing a bend in a river, channel or fairway or an obstruction around which an approaching vessel cannot adequately be seen;
  • (i) a charted route, including a ferry route, or
  • (ii) a concentration of vessels;
  • (g) before the vessel commences a manoeuvre that will impede the safe navigation of other vessels;
  • (h) when the vessel is engaged in fishing with nets, lines, trawls, trolling lines or other apparatus, or is restricted in its ability to manoeuvre in or near a routeing system and is being approached by another vessel, other than a vessel engaged in fishing;
  • (i) when the vessel is approaching a dredge or floating plant in or near a river, channel or fairway;
  • (j) 15 minutes before and again immediately before the vessel departs from any berth, anchorage, mooring area, booming ground, dredge or floating plant; and
  • (k) under any other circumstance when a navigation safety call is necessary for the safe navigation of the vessel or any other vessel.

Content of call

(2) A navigation safety call referred to in subsection (1) must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

  • (a) the identity of the vessel;
  • (b) the location of the vessel;
  • (c) the intended course of action;
  • (d) the present course and speed of the vessel; and
  • (i) towing or pushing,
  • (ii) not under command,
  • (iii) restricted in its ability to manoeuvre,
  • (iv) engaged in fishing, other than trolling,
  • (v) severely restricted in its ability to deviate from the course it is following because of its draft in relation to the available depth of water,
  • (vi) engaged in pilotage duty,
  • (vii) at anchor, or
  • (viii) aground.

(3) A vessel is not required to make a navigation safety call in the circumstances described in paragraph (1)(i) or (j) if the vessel

  • (i) manoeuvres in such a manner that it will not impede the safe navigation of other vessels, and
  • (ii) makes a navigation safety call 15 minutes before its final departure from such berth, anchorage, mooring area, booming ground, dredge or floating plant; or
  • (b) it is reporting to a traffic centre.

Call power — Great Lakes Basin

(4) The transmission power of a navigation safety call on Channel 13 within the Great Lakes Basin must not exceed 1 W except in the following cases where that power may not exceed 25 W:

  • (a) an emergency;
  • (b) the vessel being called to does not respond to a second call at a transmission power of 1 W or less; or
  • (c) a broadcast in blind situations such as where the vessel is rounding a bend in a channel.

Restricted in its ability to manoeuvre

(5) For the purposes of subsections (1) and (2), the words restricted in its ability to manoeuvre mean that the vessel, from the nature of its work, is restricted in its ability to manoeuvre as required by the Collision Regulations and is therefore unable to keep out of the way of another vessel.

Dredges and floating plants

256 (1) Subject to subsection (3), every dredge or floating plant that is required under section 205 to have a VHF radio installation and that is a vessel described in Column 1 of Schedule 4 must make a navigation safety call on the channel set out in Column 3 for that vessel under the following circumstances:

  • (a) when approached by another vessel not engaged in an operation related to the dredge or floating plant;
  • (b) when requested to do so by another vessel; and
  • (c) under any other circumstance in which it is necessary for the safety of the dredge or floating plant or the safe navigation of any other vessel.
  • (a) the identity of the dredge or floating plant;
  • (b) the location of the dredge or floating plant; and
  • (c) in the case of a vessel that is on a river, channel or fairway, to the extent possible, whether any part of the river, channel or fairway, is obstructed and, if so, the side on which the obstruction exists and the side on which another vessel may pass.

(3) A dredge or floating plant is not required to make a navigation safety call in the circumstances described in paragraph (1)(a) if it is reporting to a traffic centre.

[ 257 to 299 reserved]

PART 3

Limitations and prohibitions.

300 The following definitions apply in this Part.

  • Assistant Commissioner means the Assistant Commissioner for the Central and Arctic Region, Department of Fisheries and Ocean. ( commissaire adjoint )
  • Burlington Canal means the canal that links Lake Ontario and Hamilton Harbour. ( canal de Burlington )
  • Captain of the Port means the Captain of the Port for the United States Coast Guard at Detroit, Michigan. ( capitaine de port )
  • District Commander means the commander of the 9th district of the United States Coast Guard. ( commandant du district )
  • knot means one nautical mile per hour over the ground. ( nœud )

301 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of this Part are met in respect of the vessel.

Prohibited waters

302 No vessel may anchor within the waters described in Schedule 5.

Instructions and directions

303 Every vessel within the waters described in Schedule 5 must comply with any instruction or direction relating to any navigation limitation or prohibition or other shipping measure contained in Notices to Mariners or a Navigational Warning.

Burlington Canal

Speed limit

304 No vessel may move in the Burlington Canal at a speed greater than,

  • (a) if the vessel is 80 m or less in length, seven knots; or
  • (b) if the vessel is more than 80 m in length, the lowest speed at which the vessel can be navigated safely.

Passing prohibited

305 (1) No vessel may, while moving within 0.5 nautical miles of the Burlington Canal towards the canal, pass another vessel going in the same direction.

(2) Subsection (1) does not apply in respect of vessels less than 15 m in length.

Request to lift the bridge

306 Where the person who has the conduct of a vessel requires the lift bridge over the Burlington Canal to be opened, the person must make a request to the bridgemaster by radio communication or, if such communication is not possible, the person must sound three long blasts on the whistle or horn.

Restriction against entering the canal

307 (1) Subject to subsection (2), no vessel 15 m or more in length may enter the Burlington Canal unless the signal light on the lift bridge shows green in the direction of the vessel.

Exception in case of emergency

(2) In the case of an emergency, a vessel 15 m or more in length may enter the Burlington Canal while the signal light on the lift bridge does not show green in its direction, but it must moor at the north wall of the canal and must not proceed until the signal light shows green in its direction.

Entry of a vessel less than 15 m

308 No vessel less than 15 m in length may enter the Burlington Canal while the lift bridge is not opened or while a flashing blue light is not shown in its direction, unless it waits at the side of the canal to its starboard at a distance of 90 m or more from the lift bridge until the bridge is opened or a flashing blue light is shown in its direction.

Prohibition — under sail

309 No vessel may operate under sail in the Burlington Canal.

St. Clair River and Detroit River

310 (1) This Division, other than section 315, applies to

  • (a) all vessels in the Canadian waters between Lake Erie and Lake Huron; and
  • (b) all Canadian vessels in the waters of the United States between buoys “1” of the East Outer and West Outer Channels at the Lake Erie entrance to the Detroit River and Lake Huron Cut Lighted Buoy “11” and including the Rouge River and Short Cut Canal from Detroit Edison Cell Light “1” to the head of navigation.

Exception — section 312

(2) Section 312 does not apply to a vessel referred to in subsection (1) unless it is required by Part 2 to be fitted with a VHF radio installation or VHF radio telephone.

Exception — sections 313 and 314

(3) Sections 313 and 314 do not apply to a vessel referred to in subsection (1) that is

  • (a) owned by or in the service of Her Majesty in right of Canada or the United States and that is engaged in icebreaking, search and rescue or servicing aids to navigation; or
  • (b) engaged in river or harbour improvements, where other vessels have been warned of those operations and where that vessel is operated in a safe and prudent manner.

Application — section 315

(4) Section 315 applies to a vessel referred to in subsection (1) that is

  • (a) a power-driven vessel of 55 m or more in length;
  • (b) a vessel that is 20 m or more in length propelled only by sails;
  • (c) a towboat; or
  • (d) a floating plant.

311 In the event of any inconsistency between this Division and the laws of the United States, the laws of the United States prevail to the extent of the inconsistency in respect of a Canadian vessel while it is in United States’ waters.

312 Every vessel must maintain a continuous listening watch in accordance with the Radio Aids to Marine Navigation and make traffic reports to the Canadian Coast Guard Marine Communications and Traffic Services Centre (MCTS) located in Sarnia, Ontario, under the circumstances set out in that publication.

Detroit River restrictions

313 (1) No vessel in the Detroit River may

  • (a) proceed upbound in the West Outer Channel;
  • (b) proceed downbound in the Amherstburg Channel east of Bois Blanc Island;
  • (c) proceed upbound in the Livingstone Channel west of Bois Blanc Island; and
  • (d) overtake another vessel between Bar Point Pier Light “D33” and Fighting Island South Light if there is a risk that the vessel will meet a third vessel proceeding in the opposite direction while the overtaking is taking place.

Exception — paragraph (1)(b)

(2) Despite paragraph (1)(b), the Assistant Commissioner may authorize a vessel to proceed downbound in the Amherstburg Channel east of Bois Blanc Island if the safety of navigation is not compromised.

Overtaking prohibited

314 A vessel must not overtake another vessel

  • (a) in the Detroit River between the west end of Belle Isle and Peche Island Light, and in the St. Clair River between St. Clair Flats Canal Light “2” and Russell Island Light “33”, except if the vessel being overtaken is a towboat; and
  • (b) in the Rouge River.

Area of one-way traffic

315 The waters between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” constitute an area of alternating one-way traffic and

  • (a) no vessel may, in that area, overtake or meet another vessel or come about;
  • (b) no moored vessel may get underway until it is able to proceed through those waters without passing or being passed by another vessel; and
  • (c) a downbound vessel that has reached Lake Huron Cut Light “7” has the right-of-way over an upbound vessel that has not yet reached the St. Clair/Black River Junction Light, and an upbound vessel awaiting the transit of a downbound vessel must wait its turn below the St. Clair/Black River Junction Light.

Embark, disembark or exchange a Pilot

316 No vessel may embark, disembark or exchange a pilot between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” unless, because of the weather, it is unsafe to carry out that activity at the normal pilotage ground above Lake Huron Cut Lighted Buoy “1”.

Navigation safety calls

317 Every vessel must, by using navigation safety calls, communicate its intentions to any other vessel in the vicinity and ensure that the movements of the vessels are coordinated and there is an agreement between the vessels before proceeding to overtake or meet it.

Anchorage rules

318 In the St. Clair and Detroit Rivers, no vessel may anchor in such a manner that it may swing into the channel or across steering courses.

Floating plant activities

319 A floating plant must not be operated, anchored or moored for the purposes of engaging in dredging, construction or wrecking unless the person having conduct of the floating plant obtains an authorization from the Assistant Commissioner, the District Commander, the Captain of the Port or the Windsor harbour master having jurisdiction in waters in which the floating plant will operate, anchor or moor, on such terms and conditions as are necessary to ensure the safety of navigation.

Speed limits

320 Except when required for the safety of the vessel or any other vessel, no vessel of 20 m or more in length may proceed at a speed greater than

  • (i) Fort Gratiot and St. Clair Flats Canal Light “2”, and
  • (ii) Peche Island Light and Bar Point Pier Light “D33”;
  • (b) 3.5 knots in the Rouge River; or
  • (c) five knots in the navigable channel south of Peche Island.

321 (1) A towboat must not drop or anchor its tows in such a manner that they may swing into a channel or across steering courses.

Prohibition against obstructing navigation

(2) A towboat engaged in arranging its tow must not obstruct the navigation of other vessels.

Temporary instructions and prohibitions

322 (1) Despite anything in this Division, a vessel must comply with instructions, of a temporary nature, to proceed in a certain manner or by a certain route, or to anchor in a certain place, or not to proceed or anchor except as specified in lieu of or in addition to any provisions of this Division, where, because of channel obstructions, a casualty, the weather, ice conditions, water levels or other unforeseen or temporary circumstances, compliance with this Division would be impossible, impracticable or unsafe or would cause a risk of pollution and the Assistant Commissioner, in the case of Canadian waters, or the District Commander or the Captain of the Port, in the case of the waters of the United States, the instructions are published in Notices to Mariners or a Navigational Warning.

Validity of temporary instructions and prohibitions

(2) A temporary instruction issued by the Assistant Commissioner under subsection (1) comes into force on its promulgation in Notices to Mariners or a Navigational Warning and remains in force until its modification or rescission is promulgated in a subsequent Navigational Warning or Notice to Mariners or until the time specified in the original promulgation.

[ 323 to 399 reserved]

PART 4

Transitional provision, consequential amendments, repeals and coming into force, transitional provision.

400 Subsection 121(1) does not apply until the first anniversary of the day of the coming into force of this section, except in the case of the following vessels in respect of which the subsection applies beginning on that day:

  • (a) a passenger vessel of 150 gross tonnage or more that is engaged on an international voyage;
  • (b) a vessel of 300 gross tonnage or more, other than a fishing vessel, that is engaged on an international voyage; and
  • (c) a vessel of 500 gross tonnage or more, other than a fishing vessel, that is not engaged on an international voyage.

Consequential Amendments

Canada shipping act, 2001.

Large Fishing Vessel Inspection Regulations

401 (1) Subsections 24.1(3) and (4) of the Large Fishing Vessel Inspection Regulations footnote 24 is replaced by the following:

(3) Every SART carried on a fishing vessel shall conform to the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019 .

(4) Every SART carried on a fishing vessel shall be inspected and tested in accordance with requirements of subsection 241(2) of the Navigation Safety Regulations, 2019 .

(2) Paragraphs 24.1(5)(a) and (b) of the Regulations are replaced by the following:

  • (a) the Class II EPIRBs meet the requirements of sections 224 and 230 to 232 of the Navigation Safety Regulations, 2019 ; and
  • (b) the Class II EPIRBs shall be inspected and tested in accordance with requirements of subsection 241(1) of the Navigation Safety Regulations, 2019 .

402 Subsections 24.2(2) and (3) of the Regulations are replaced by the following:

(2) Every survival craft VHF radiotelephone apparatus carried on a fishing vessel shall conform to the requirements of sections 224 and 234 of the Navigation Safety Regulations, 2019 .

(3) Every survival craft VHF radiotelephone apparatus carried on a fishing vessel shall be tested in accordance with subsection 241(3) of the Navigation Safety Regulations, 2019 .

Life Saving Equipment Regulations

403 Sections 124 to 126 of the Life Saving Equipment Regulations footnote 25 are replaced by the following:

124 (1) Every survival craft VHF radiotelephone carried on a ship shall meet the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019 .

(2) Every survival craft VHF radiotelephone carried on a ship shall be tested in accordance with the requirements of subsection 241(3) of the Navigation Safety Regulations, 2019 .

125 (1) Every SART carried on a ship shall meet the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019 .

(2) Every SART carried on a ship shall be inspected and tested in accordance with the requirements of subsection 241(2) of the Navigation Safety Regulations, 2019 .

126 (1) A Class II EPIRB carried on a ship shall meet the requirements of sections 224 and 230 to 232 of the Navigation Safety Regulations, 2019 .

(2) A Class II EPIRB carried on a ship shall be inspected and tested in accordance with the requirements of subsection 241(1) of the Navigation Safety Regulations, 2019 .

404 Subparagraph 1(1)(d)(iii) of Schedule IV to the Regulations is replaced by the following:

  • (iii) a current copy of the Life Saving Equipment Regulations and the Navigation Safety Regulations, 2019 .

Fishing Vessel Safety Regulations

406 Section 3.35 of the Regulations is replaced by the following:

Illumination of Compasses

3.35 (1) A compass that is required to be fitted on a fishing vessel under the Navigation Safety Regulations, 2019 shall be capable of being illuminated.

Choice of Compass

(2) A fishing vessel that has a hull length of not more than 8 m and that navigates within sight of seamarks shall either be fitted with a compass that meets the requirements of the Navigation Safety Regulations, 2019 and that can be illuminated, or carry on board a handheld compass.

407 Paragraph 3.36(a) of the Regulations is replaced by the following:

  • (a) shall be equipped with means for determining the depth of water under the vessel, unless the vessel is fitted with lead lines in accordance with the Navigation Safety Regulations, 2019 ; and

Steering Appliances and Equipment Regulations

408 Sections 6 to 16 and subsection 17(2) of the Steering Appliances and Equipment Regulations footnote 27 are repealed.

409 Subsection 17(1) of the Steering Appliances and Equipment Regulations is replaced by the following:

17 (1) The owner of every ship to which sections 3 to 5 apply shall ensure that those sections are complied with.

Competency of Operators of Pleasure Craft Regulations

410 Subparagraph 6(2)(e)(v) of the Competency of Operators of Pleasure Craft Regulations footnote 28 is replaced by the following:

  • (v) the Navigation Safety Regulations, 2019 ,

Marine Personnel Regulations

411 Paragraph 1(2)(b) of the Marine Personnel Regulations footnote 29 is replaced by the following:

  • (b) in section A-VIII/2 of the STCW Code, every reference to the “Radio Regulations” shall be read as a reference to the Navigation Safety Regulations, 2019 ; and

412 Paragraph 200(6)(a) of the Regulations is replaced by the following:

  • (a) Canadian vessels that are required to be fitted with a radio installation in accordance with the Navigation Safety Regulations, 2019 ; or

413 The portion of subparagraph 216(2)(a)(iii) of the Regulations before clause (A) is replaced by the following:

  • (iii) if an electronic chart display and information system (ECDIS) is being used to meet the chart requirements set out in section 145 of the Navigation Safety Regulations, 2019 ,

414 Section 254 of the Regulations is replaced by the following:

254 The master of a vessel that is securely anchored in port or securely moored to shore shall ensure, in accordance with section 254 of the Navigation Safety Regulations, 2019 , that a continuous listening watch is maintained if, in the master’s opinion, the vessel is in a location where it may constitute a hazard to passing vessels.

415 The portion of subsection 266(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The authorized representative of a vessel to which section 208 of the Navigation Safety Regulations, 2019 applies, when operating in sea area A2, sea area A3 or sea area A4, shall employ and the master of that vessel shall ensure that there is on board

Small Vessel Regulations

Long-range identification and tracking of vessels regulations.

419 Subsection 4(2) of the Long-Range Identification and Tracking of Vessels Regulations footnote 31 is replaced by the following:

(2) Subsection (1) does not apply in respect of a vessel that operates exclusively in sea area A1 if it is fitted with an automatic identification system that meets the requirements of section 121 of the Navigation Safety Regulations, 2019 and is operated in accordance with that section.

420 Paragraph 7(3)(b) of the Regulations is replaced by the following:

  • (b) make an entry, in the record of navigational activities and incidents maintained in accordance with section 141 of the Navigation Safety Regulations, 2019 , setting out the reasons for the decision and indicating the period during which the equipment was switched off.

421 Paragraph 8(3)(b) of the Regulations is replaced by the following:

  • (b) make an entry, in the record of navigational activities and incidents maintained in accordance with section 141 of the Navigation Safety Regulations, 2019 , indicating the period during which the transmission of LRIT information was reduced in frequency or temporarily stopped, and whether or not the Minister directed the action.

422 Section 9 of the Regulations is replaced by the following:

9 If the Minister or the Canadian Coast Guard informs the master of a vessel that any part of the system used to receive LRIT information from the vessel or to disseminate the information has failed, the master shall make an entry, in the record of navigational activities and incidents maintained in accordance with section 141 of the Navigation Safety Regulations, 2019 , setting out the date and time the master was informed.

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Newfoundland offshore petroleum installations regulations.

423 Subsections 36(4) and (5) of the Newfoundland Offshore Petroleum Installations Regulations footnote 32 are replaced by the following:

(4) The operator of a manned installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2019 , as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2019 , as if the installation were a ship to which those Regulations apply.

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Nova scotia offshore petroleum installations regulations.

424 Subsections 36(4) and (5) of the Nova Scotia Offshore Petroleum Installations Regulations footnote 33 is replaced by the following:

Canada Oil and Gas Operations Act

Canada oil and gas installations regulations.

425 Subsections 36(4) and (5) of the Canada Oil and Gas Installations Regulations footnote 34 is replaced by the following:

(4) The operator of a manned offshore installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2019 , as if the installation were a ship to which those Regulations apply.

426 The following Regulations are repealed:

  • (a) VHF Radiotelephone Practices and Procedures Regulations footnote 35 ;
  • (b) St. Clair and Detroit River Navigation Safety Regulations footnote 36 ;
  • (c) Anchorage Regulations footnote 37 ;
  • (d) Burlington Canal Regulations footnote 38 ;
  • (e) Charts and Nautical Publications Regulations, 1995 footnote 39 ;
  • (f) Ship Station (Radio) Regulations, 1999 footnote 40 ;
  • (g) Ship Station (Radio) Technical Regulations, 1999 footnote 41 ;
  • (h) Navigation Safety Regulations footnote 42 ; and
  • (i) Voyage Data Recorder Regulations footnote 43 .

Coming Into Force

Registration Date

427 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Subsection 121(3) comes into force on the first anniversary of the day on which these Regulations are registered.

SCHEDULE 1

(subsections 2(3) and 104(1), paragraphs 104(5)(a) and 112(1)(a) and subsection 112(2))

SCHEDULE 2

(subsection 104(6) and paragraph 108(b))

SCHEDULE 3

(Subsections 208(3) and 224(1))

SCHEDULE 4

(Subsections 254(2), 255(1) and 256(1))

SCHEDULE 5

(Sections 302 and 303)

Prohibited Waters

1 Conception Bay — Province of Newfoundland

Beginning at the lighted cable sign in Broad Cove, Newfoundland, in the position Latitude 47°35′45″N., Longitude 52°53′10″W., as shown on Canadian Hydrographic Service Chart 4566, edition dated November 23, 1962; THENCE in a straight line to the position Latitude 47°35′45″N., Longitude 52°53′37″W.; THENCE in a straight line to the position Latitude 47°37′12″N., Longitude 52°55′44″W.; THENCE in a straight line to the cable landing at Bell Island, Newfoundland, in position Latitude 47°37′37″N., Longitude 52°56′00″W.; THENCE in a straight line to the position Latitude 47°37′37″N., Longitude 52°55′16″W.; THENCE in a straight line to the position on the shore Latitude 47°36′09″N., Longitude 52°53′06″W.; THENCE following the high water mark in a southwesterly direction to the point of beginning.

2 Random Sound — Province of Newfoundland

Beginning at a point on the high water mark at the easterly extremity of East Random Head, as shown on Canadian Hydrographic Service Charts 4545 and 4546, editions dated May 6, 1983 and January 24, 1964, respectively; THENCE in a straight line to a point on the high water mark at the easterly extremity of West Random Head; THENCE following the high water mark in a westerly direction to a point on the shore at Latitude 48°03′04″N., Longitude 53°38′42″W.; THENCE in a straight line to a point on the high water mark of Middle Cliff at Latitude 48°03′54″N., Longitude 53°40′26″W.; THENCE following the high water mark in a westerly and northerly direction to the easterly extremity of Red Point; THENCE in a straight line to a point on the high water mark at the westerly extremity of Brown Mead; THENCE following the high water mark in a southerly and easterly direction to the point of beginning.

3 Northumberland Strait — Between the Provinces of New Brunswick and Prince Edward Island

Beginning at a point on the high water mark at Cape Bruin, N.B., located at Latitude 46°10′58″N., Longitude 63°58′42″W., as shown on Canadian Hydrographic Service Chart 4406, edition dated July 12, 1985; THENCE in a straight line to a point on the high water mark at Fernwood, P.E.I., Latitude 46°19′15″N., Longitude 63°48′55″W.; THENCE following the high water mark in a southerly and easterly direction to a point on the shore at Latitude 46°18′30″N., Longitude 63°46′09″W.; THENCE in a straight line to a point on the high water mark at Botsford, N.B., Latitude 46°10′01″N., Longitude 63°56′00″W.; THENCE following the high water mark in a northwesterly direction to the point of beginning.

4 Welland Canal Entrances — Province of Ontario

  • (a) Lake Ontario: beginning at a point north of the Port Weller Entrance to the Welland Canal located at Latitude 43°14′40″N., Longitude 79°13′40″W., as shown on Canadian Hydrographic Service Chart 2063, edition dated December 2, 1983; THENCE in a 090° direction for approximately 0.9 nautical miles to a position located at Latitude 43°14′40″N., Longitude 79°12′28″W.; THENCE in a 009° direction for approximately 2.6 nautical miles to a position located at Latitude 43°17′16″N., Longitude 79°11′50″W.; THENCE in a 270° direction for approximately 1.7 nautical miles to a position located at Latitude 43°17′16″N., Longitude 79°14′15″W.; THENCE in a 171° direction for approximately 2.6 nautical miles to the point of beginning; and
  • (b) Lake Erie: beginning at a point south of the Port Colborne Entrance to the Welland Canal located at Latitude 42°51′55″N., Longitude 79°15′53″W., as shown on Canadian Hydrographic Service Chart 2120, edition dated March 7, 1986; THENCE in a 110° direction for approximately 0.9 nautical miles to a position located at Latitude 42°51′37″N., Longitude 79°14′44″W.; THENCE in a 191° direction for approximately 2.6 nautical miles to a position located at Latitude 42°49′3″N., Longitude 79°15′24″W.; THENCE in a 290° direction for approximately 1.7 nautical miles to a position located at Latitude 42°49′38″N., Longitude 79°17′36″W.; THENCE in a 029° direction for approximately 2.6 nautical miles to the point of beginning.

5 Parry Bay — Province of British Columbia

Beginning at a point on the high water mark of Albert Head located at Latitude 48°23′05″N., Longitude  123°28′48″W., as shown on Canadian Hydrographic Service Chart 3440, edition dated March 11, 1983; THENCE in a straight line to a point at Latitude 48°21′12″N., Longitude 123°30′54″W.; THENCE in a straight line to a point on the high water mark at Latitude 48°21′51″N., Longitude 123°31′57″W.; THENCE in a northerly and easterly direction along the high water mark of Parry Bay to the point of beginning.

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Marine transportation safety recommendation M00-09

Recommandation M00-09 in PDF [234 KB]

Emergency position indicating radio beacons

While crossing from Les Escoumins to Rimouski, Quebec, the Brier Mist swamped and sank some 10 miles offshore. The wreck was never found, two persons were recovered deceased and the other three crewmembers are missing.

The Board concluded its investigation and released report M98L0149 on 13 March 2001.

TSB Recommendation M00-09 (March 2001)

The Board considered that all fishermen should have distress alerting capability that should not rely on human intervention. It was further considered that fishermen forced into the water or survival craft should be able to continuously update their location to search and rescue (SAR) co-ordinators for more rapid rescue. The Board therefore recommended that

the Department of Transport require small fishing vessels engaged in coastal voyages to carry an emergency position indicating radio beacon or other appropriate equipment that floats free, automatically activates, alerts the search and rescue system and provides position updates and homing-in capabilities. Transportation Safety Recommendation M00-09

Transport Canada's response to Recommendation M00-09 (May 2001)

The Minister notes the recommendation. As part of the consultations to amend the Ship Station (Radio) Regulations , Transport Canada considered requiring small vessels, including fishing vessels, engaged on all coastal voyages to carry an emergency position indicating radio beacon (EPIRB).

Initially, consideration was given to require all vessels of 8m in length or more engaged on coastal voyages to carry two different distress alerting devices: an EPIRB and a Very High Frequency (VHF) radio capable of digital selective calling (DSC). These two items of safety equipment would complement each other as they offer different safety advantages. In consultation with the fishing industry, it was agreed that all such vessels would carry only the VHF radio with DSC by the year 2003. In addition, those small vessels operating more than 20 miles offshore would also be required to carry an EPIRB. It was further agreed that only vessels of more than 15 gross tonnage would carry a float free EPIRB.

The float free EPIRB will send a distress alert automatically in the event the vessel sinks, while the push button distress alerting capability of the VHF radio with DSC also has many advantages. EPIRBs may have up to a 90 minute position delay via satellite and the alert must be relayed to vessels in the area through a coastal radio station. The DSC distress alert with position information will be received immediately by coastal radio stations and other vessels in the vicinity carrying a VHF radio with DSC. DSC also permits the distress alert to be acknowledged providing important confirmation of reception to the ship in distress. The VHF radio can be used in daily ship communications ensuring its operational readiness. The more ships that are similarly equipped, the greater will be the overall safety net at sea.

Transport Canada will continue to support and encourage the voluntary carriage of EPIRBs on all vessels that are not required to carry this equipment. The Standing Committee on Fishing Vessel Safety will have an opportunity to evaluate present requirements and consider further steps to improve alerting capability in case of distress at the next CMAC meeting scheduled for November 2001. Preliminary review by the Standing Committee in May 2001 raised the issue of equipment cost for owners of small fishing vessels.

TSB assessment of the response to Recommendation M00-09 (July 2001)

The response indicates that the recommendation is noted and re-affirms the current regulatory requirement and the on-going consultations with industry to require the fitting of either EPIRBs or VHF with digital selective calling (DSC). It was agreed that vessels of 8m in length or more would carry VHF with DSC by the year 2003. Those vessels operating more than 20 miles offshore would require an EPIRB and vessels of more than 15 gross tons would carry a float- free EPIRB.

This, however, would leave vessels of less than 15 gross tons (and over 8m in length) operating less than 20 miles offshore with VHF (DSC) only. TSB statistics consistently indicate that it is these smaller vessels (less than 15 gross tons) that are more vulnerable to sudden capsizing or sinking, leaving very little time to activate the VHF (DSC) and if no EPIRB is carried, the crew is put at greater risk. Even though it could be 90 minutes before an accurate fix is available, the initial EPIRB signal is sufficient to alert SAR resources. The response also indicates that the voluntary carriage of EPIRBs is encouraged and that the Standing Committee on Fishing Vessel Safety will further evaluate the situation at the November, 2001 CMAC meeting. Cost of such equipment for small fishing vessels has already been made an issue.

Since there is no other indication of specific action to require the fitting of appropriate, float-free emergency position indicating equipment, other than to further evaluate and discuss the options available, the staff considers the response Satisfactory in Part .

TSB reassessment of the response to Recommendation M00-09 (September 2004)

A risk assessment study to evaluate the need for more effective distress altering capabilities on small commercial vessels, including fishing vessels that are not yet required to carry either an EPIRB or a VHF radio with DSC is on-going and is expected to be completed before the end of 2004.

The response is considered Satisfactory in Part .

TSB reassessment of the response to Recommendation M00-09 (December 2005)

A Distress Alerting Risk Assessment study to evaluate the need for more effective distress altering capabilities on small commercial vessels, including fishing vessels that are not yet required to carry either an EPIRB or a VHF radio with DSC was initiated and an analysis was done to estimate the impact distress alerting equipment might have had on past fatalities. The preliminary findings of the risk assessment were presented during the November 2004 CMAC meeting. It is anticipated the project will be completed and a decision on distress alerting capabilities will be made by the end of 2005. Given that a decision has yet to be made in addressing the deficiency identified by the recommendation, TSB will need to follow-up on the results of the study and decisions by Transport Canada (TC).

No substantial change to address the safety deficiency since the last reassessment.

Transport Canada's response to Recommendation M00-09 (November 2006)

TC's update, dated November 2006, indicated that it has finalized its report on the Marine Distress Alerting Risk Assessment and it will be presented to the Marine Safety Executive Committee of Marine Safety. Based on the report and the consideration by MSE, TSB will be informed of Marine Safety's action.

TSB reassessment of the response to Recommendation M00-09 (November 2006)

TC's update indicated that its Distress Alerting Risk Assessment study to evaluate the need for more effective distress altering capabilities on small commercial vessels has been completed, and that the study will be considered by senior management.

Therefore, the assessment remains Satisfactory in Part .

Transport Canada's response to Recommendation M00-09 (June 2008)

TC's update, dated June 2008, indicated that a review of the distress alerting capabilities of small commercial vessels identified certain scenarios where the level of risk was deemed unacceptable. The review recognizes the numerous training and awareness initiatives underway, which could mitigate existing risk levels.

TC will pursue a precautionary approach to address the level of risk and has recommended additional EPIRB carriage requirements in consultations to amend the Navigation Safety Regulations . Pre-publication in Part I of the Canada Gazette is anticipated in spring 2010.

TSB reassessment of the response to Recommendation M00-09 (September 2008)

If fully implemented, the adoption of a precautionary approach and consideration of additional carriage requirements for distress alerting capabilities based on a level of risk will substantially reduce the deficiency identified by the recommendation.

The assessment of the response is considered Satisfactory Intent .

Transport Canada's response to Recommendation M00-09 (March 2010)

TC's update, dated March 2010, indicated that it has reviewed distress alerting capabilities of small commercial vessels and acknowledges numerous training and awareness initiatives are underway, which would mitigate existing risk levels. TC has also recommended additional EPIRB carriage requirements in consultations to amend the Navigation Safety Regulations.

TSB reassessment of the response to Recommendation M00-09 (March 2010)

Consideration of additional carriage requirements for distress alerting capabilities based on a level of risk continues and, if fully implemented, will substantially reduce the deficiency identified by the recommendation.

Therefore, the assessment of the response remains Satisfactory Intent .

Transport Canada's response to Recommendation M00-09 (December 2010)

TC's update of December 2010 indicated that they have reviewed distress alerting capabilities of small commercial vessels and numerous training and awareness initiatives are underway, which would mitigate existing risk levels. TC has also recommended additional Emergency Position Indicating Radio Beacon carriage requirements in consultations to amend the Navigation Safety Regulations . The amendments of the Navigation Safety Regulations are being held in abeyance pending regulatory priorities.

TSB reassessment of the response to Recommendation M00-09 (March 2011)

Consideration of additional carriage requirements for distress alerting capabilities based on a level of risk continues and, if fully implemented, will substantially reduce the deficiency identified by the recommendation. However, the protracted delay in implementing these requirements continues to place lives at risk.

Transport Canada's response to Recommendation M00-09 (December 2011)

By 2002, the phase-in of additional EPIRB requirements was completed according to the Ship Station (Radio) Regulations. These regulations extended the EPIRB carriage requirement to all vessels of 8 m or more in length operating beyond the limits of home-trade voyage, Class III.

In 2007, TC provided a preliminary proposal for additional EPIRB carriage requirements. The proposal would further extend the requirement for a float-free EPIRB, but would also allow consideration to exempt certain classes of vessels based on risk factors (i.e., voyage, size) and alternative arrangements (i.e., VHF DSC radio).

The proposed Fishing Vessel Safety Regulations , expected to be published in the 2nd quarter of 2013 will include EPIRB carriage requirements for all classes of voyages by referencing the Navigation Safety Regulations . TC did not provide an anticipated completion date for the amendments to the Navigation Safety Regulations .

TSB reassessment of the response to Recommendation M00-09 (March 2012)

If fully implemented, the regulatory requirement for all fishing vessels to carry float free, automatically activating equipment that alerts search and rescue and provides position updates and homing in capabilities, will reduce the risk for small fishing vessels on coastal voyages. The protracted delay in implementing these regulations, however, continues to place fishermen, their vessels and the environment at risk.

Transport Canada's response to Recommendation M00-09 (November 2012)

The Ship Station (Radio) Regulations (1999) that came into force in 2000 began, among other things, the regulatory phase-in of 2 significant requirements related to improving distress-alerting capabilities of many smaller vessels at sea. In 2002, the phase-in of additional EPIRB requirements was completed, extending the EPIRB carriage requirement to all vessels of 8 m or more in length operating beyond the limits of home-trade voyage, Class III.

Since 2003, all vessels of more than 8 m in length on the east and west coasts must be equipped with a VHF DSC radio that provides for automated distress alerting at the push of a button. These requirements were based on extensive consultations with marine stakeholders.

In 2006, TC concluded a distress alerting risk assessment that further evaluated the need for more effective distress alerting capabilities on small commercial vessels, including fishing vessels that are not yet required to carry either an EPIRB or a VHF DSC radio. The study recognized that Transport Canada safety training and awareness efforts underway could help lower the level of risk to acceptable levels, but could also consider, if necessary, additional measures such as requiring certain vessels to be equipped with a rapid alert system—either an EPIRB (proven effective) or a VHF radio with DSC (vessel operator preference).

In May 2007, TC provided a preliminary proposal for additional EPIRB carriage requirements during consultation with the marine industry at CMAC. The proposal would further extend the requirement for a float-free EPIRB, but would also allow consideration to exempt certain classes of vessels based on risk factors (i.e., voyage, size) and alternative arrangements (i.e., VHF DSC radio).

Work on this project has been incorporated in the regulatory reform of the Navigation Safety Regulations . The anticipated date of completion of the amendments to these regulations cannot be determined at this time as a result of numerous regulatory priorities in Marine Safety.

TSB reassessment of the response to Recommendation M00-09 (March 2013)

If fully implemented, the proposed Fishing Vessel Safety Regulations will require that fishing vessels comply with the Ship Station (Radio) Regulations . That is, all fishing vessels greater than 8 m and those vessels on voyages outside 20 nautical miles will be required to carry an EPIRB. The protracted delay in implementing the proposed Fishing Vessel Safety Regulations continues to place fishermen, their vessels and the environment at risk.

Transport Canada's response to Recommendation M00-09 (November 2013)

The Ship Station (Radio) Regulations (1999) that came into force in 2000 began, among other things, the regulatory phase-in of two significant requirements related to improving distress-alerting capabilities of many smaller vessels at sea. In 2002, the phase-in of additional EPIRB requirements was completed extending the EPIRB carriage requirement to all vessels of 8 m or more in length operating beyond the limits of home-trade voyage, Class III.

In 2006, TC concluded a Distress Alerting Risk Assessment that further evaluated the need for more effective distress alerting capabilities on small commercial vessels, including fishing vessels that are not yet required to carry either an EPIRB or a VHF DSC radio. The study recognized that Transport Canada safety training and awareness efforts underway could help lower the level of risk to acceptable levels, but could also consider, if necessary, additional measures such as requiring certain vessels to be equipped with a rapid alert system - either an EPIRB (proven effective) or a VHF radio with DSC (vessel operator preference).

In May 2007, TC provided a preliminary proposal for additional EPIRB carriage requirements during consultation with the marine industry at CMAC. The proposal would further extend the requirement for a float-free EPIRB, but would also allow consideration to exempt certain classes of vessels based on risk factors (i.e., voyage, size) and alternative arrangements (i.e., VHF DSC radio). Proposed requirements in Phase 1 of the Fishing Vessel Safety Regulations for carriage of EPIRBs follow:

(2) Instead of the equipment referred to in paragraph b)ii) of item 5 of the table, a fishing vessel [engaged on a Sheltered Waters voyage] may carry equipment on board or establish written procedures, or a combination of both, to protect all persons on board from the effects of hypothermia or cold shock resulting from immersion in cold water.

The 2013 Spring Report of the Auditor General of Canada contained a performance audit of federal Search and Rescue Activities and included a recommendation that Transport Canada should consider whether requirements for the use of digital emergency beacons should be applied to additional classes of boats and airplanes. In response, TC has circulated a consultation document that seeks input from marine stakeholders on EPIRB carriage and other distress equipment by the end of 2013. Work on this project has been incorporated in the regulatory reform of the Navigation Safety Regulations . The anticipated date of completion of the amendments to these Regulations cannot be determined at this time as a result of numerous regulatory priorities in Marine Safety.

TSB reassessment of the response to Recommendation M00-09 (March 2014)

Pursuant to the Ship Station (Radio) Regulations (1999) a fishing vessel with a length of 20 m or more and operating beyond sheltered waters is required to carry an EPIRB. However, smaller fishing vessels (i.e. with a length of 8 m or more and a gross tonnage of less than 15, or less than 20 m in length and a gross tonnage 15 or more) only require an EPIRB when operating in waters beyond 20 nm.

The proposed Fishing Vessel Safety Regulations would extend the requirement to carry an EPIRB on fishing vessels 12 m or more in length and operating less than 25 nm from shore. Fishing vessels less than 12 m would have the option to carry a 406 MHz EPIRB in lieu of carrying a life raft or other survival craft. However, in opting to carry the EPIRB, the vessel would have to carry immersion or anti-exposure work suits if the water temperature is less than 15⁰ C. Fishing vessels of any length, but operating on sheltered waters or in waters within 2 or 5 nm (yet to be determined) from shore, would have the similar option afforded to vessels less than 12 m to carry an EPIRB or an effective means of two-way communications. Given the lower costs of purchasing, maintaining and fitting an EPIRB and having an anti-exposure work suits instead of a life raft, operators may opt for the least expensive option and forego carrying a life raft or other survival craft.

The TSB issued this recommendation more than 13 years ago. Once the proposed regulations are in force, they will extend the requirements to carry EPIRB to more smaller fishing vessels in a much larger geographic area and the risks associated with not carrying an EPIRB will be substantially reduced.

Transport Canada's response to Recommendation M00-09 (December 2014)

Transport Canada's response reiterated the previous regulatory amendments of the Ship Station (Radio) Regulations (1999) to improve the distress-alerting capabilities of smaller vessels at sea, the requirements for certain vessels to be equipped with VHF DSC radio, and the completion of its Distress Alerting Risk Assessment. The response also indicated the following information:

8 metres has been used as a cut-off in the Ship Station (Radio) Regulations for several decades. Vessels smaller than 8 metres may not have sufficient space/capacity to fit radio equipment. Phase 1 of the proposed Fishing Vessel Safety Regulations, which are expected to be published in the Canada Gazette , Part I, in the 1st quarter of 2015, would include additional EPIRB carriage requirements for small fishing vessels. More specifically, they would further extend the requirement for a float-free EPIRB for certain classes of vessels based on risk factors (i.e., voyage, size), but would also allow consideration of alternative arrangements (i.e., VHF DSC radio). The requirements are explained in more details below: Life rafts/boats and Alternatives A fishing vessel on a voyage set out in column 1 of the table to this subsection, shall carry on board the life raft or survival craft set out in column 2 [3].

Drafting of Phase 1 of the proposed regulations is close to completion. The date of pre-publication in Canada Gazette , Part I, is targeted for the 1st quarter of 2015, however that date is dependent upon factors beyond Transport Canada's control.

TSB reassessment of the response to Recommendation M00-09 (March 2015)

TC's 2014 response indicated little new substantive information. The proposed new Fishing Vessel Safety Regulationswould extend the requirement to carry an EPIRB on fishing vessels more than 12 metres in length and operating less than 25 nm from shore. Fishing vessels not more than 12 metres would have the option to carry a 406 MHz EPIRB in lieu of carrying a life raft or other survival craft. However, in opting to carry the EPIRB, the vessel would have to carry immersion or anti-exposure worksuits if the water temperature is less than 15° C. Fishing vessels of any length, but operating in sheltered waters or in waters within 2 miles from shore, would have the similar option afforded to vessels not more than 12 metres to carry an EPIRB or an effective means of two-way communications.

The TSB made this recommendation over 10 years ago. Originally, TC had indicated these carriage requirements would be included in the revised Navigation Safety Regulations to be pre-published in the spring of 2010. Subsequently, in 2011, TC indicated that these requirements would be included in the proposed Fishing Vessel Safety Regulations expected to be pre-published in the second quarter of 2013. This date has been continually postponed since then and was planned for the first quarter of 2015. Once the proposed regulations are in force, it will extend the requirements to carry an EPIRB to more smaller fishing vessels in a much larger geographic area and the risks associated with not carrying an EPIRB will be substantially reduced. While the proposed measures are reasonable, the protracted delay is not reasonable.

Therefore, the assessment rating has been changed to Unsatisfactory .

Transport Canada's response to Recommendation M00-09 (February 2016)

Transport Canada's response indicated the following:

Phase 1 will be published in the Canada Gazette , Part 1 as soon as possible. As soon as a definitive date of publication is confirmed, TC will advice TSB. The options are expected to result in increased carriage of EPIRBS on vessels where they not currently required by other Regulations.  The Navigation Safety Regulations are currently undergoing a regulatory reform review with a target completion date in 2018.

Follow-up information indicated that the regulations amending the Small Fishing Vessel Inspection Regulations were published in the Canada Gazette, Part I on 06 February 2016. The public, stakeholders, and industry now have until 06 April 2016 to review and comment on the proposed regulations before they are enacted, and then published in the Canada Gazette , Part II.

TSB reassessment of the response to Recommendation M00-09 (March 2016)

The proposed new Fishing Vessel Safety Regulations (FVSR)would extend the requirement to carry an EPIRB on fishing vessels, but not to the extent indicated in Recommendation M00-09.

The proposed increased carriage requirements for EPIRBs is encouraging; however, the proposed FVSR give small fishing vessels the option to choose one of the following types of lifesaving equipment as an alternative to carrying an EPIRB:

  • 1 or more life rafts or a combination of life rafts and recovery boats of sufficient total capacity to carry everyone on board; or
  • a means of 2-way radio communication and a sufficient number of immersion suits of the appropriate size for each person on board if the water temperature is less than 15°C.

The Board notes that there have been several occurrences on board vessels not equipped with an EPIRB, and that were either unable or did not use any other means of signaling distress (e.g. M10M0007, M10M0042, M11M0057, M12W0062, M12M0046, M14P0121, and M14A0289). The lifesaving equipment alternatives indicated above that are allowed by the new proposed Fishing Vessel Safety Regulationsdo not have a means to float free, for automatically alerting search and rescue authorities, and for homing-in capabilities as the recommendation requires.

The proposed measures in the new Fishing Vessel Safety Regulations do not mitigate the risk identified in Recommendation M00-09. Until such time as the regulations are published in the Canada Gazette , Part II, and they include the requirement for all fishing vessels to carry an emergency position indicating radio beacon or other appropriate equipment that floats free, automatically activates, alerts the search and rescue system and provides position updates and homing-in capabilities, the reassessment of this rating remains Unsatisfactory .

Transport Canada's response to Recommendation M00-09 (December 2016)

The Recommendation is noted. The Fishing Vessel Safety Regulations were published in the Canada Gazette , Part II, and will come into force on July 13, 2017. Consultations with stakeholders on the Navigation Safety Regulations are ongoing with a target completion date in 2018.

TSB reassessment of the response to Recommendation M00-09 (March 2017)

TC's response indicated that the Fishing Vessel Safety Regulation (FVSR) were now published and will come into force on 13 July 2017. Since 2008, TC has been recommending additional EPIRB carriage requirements in consultations to amend the Navigation Safety Regulations which would apply to fishing vessels. The Navigation Safety Regulations were originally scheduled to be completed prior to the publication of the FVSR. The target completion date continues to be delayed and is now 2018.

The FVSR extend the requirement to carry an EPIRB on fishing vessels more than 12 m in length and operating less than 25 nm from shore. Fishing vessels not more than 12 m have alternative life saving equipment options in lieu of carrying an EPIRB. The TSB continues to record fatalities and occurrences on board fishing vessels less than 12 m and not equipped with an EPIRB, and that were either unable or did not use any other means of signaling distress. The measures in the FVSR do not mitigate the risk identified in Recommendation M00-09.

The reassessment of this recommendation remains Unsatisfactory.

Transport Canada's response to Recommendation M00-09 (December 2017)

Transport Canada takes note of the recommendation. The Fishing Vessel Safety Regulations came into force on 13 July 2017. TC has held a number of consultation sessions on the new Navigation Safety Regulations over the last few years and based on stakeholders' feedback we are proposing a flexible carriage approach for vessels less than 12 m on Near Coastal, Class 2 voyages. Final public consultation was held at CMAC in December 2017.

TC is expecting to publish the new Navigation Safety Regulations , including the amendments mentioned above, in the Canada Gazette , Part I in 2018.

TSB reassessment of Transport Canada's response to Recommendation M00-09 (March 2018)

The Fishing Vessel Safety Regulations are now in force and extend the carriage requirements for EPIRBs to fishing vessels more than 12 m operating less than 25 nm from shore. This requirement is estimated to extend the carriage requirements to an additional 20 percent of the small fishing fleet.

In the new Navigation Safety Regulations , which will also apply to fishing vessels, TC is proposing additional distress signalling device carriage requirements. Based on stakeholder feedback, TC has proposed a flexible approach that provides vessels less than 15 tons (less than 12 m) operating on Near Coastal, Class 2 voyages with an option to carry:

  • a float-free EPIRB;
  • a manually-activated EPIRB;
  • a 406 MHz personal locator beacon (PLB); or
  • a portable VHF-DSC/GPS radio.

While Recommendation M00-09 calls for all fishing vessels to carry a float-free automated distress signalling device, the TSB recognizes that industry and TC have concerns over float-free EPIRBs on smaller vessels, specifically, the likelihood of theft, challenges with activation, and situations where an EPIRB may not be as effective as a portable distress (e.g. person overboard).

The implementation of the proposed Navigation Safety Regulations could substantially reduce the safety deficiency identified in this recommendation. Over the past 11 years, there have been 7 fatalities as a result of occurrences involving small fishing vessels where no distress signal was received. Had the proposed regulations been in force at the time of these occurrences, all of the vessels involved would have been required to carry at least 1 of the distress alerting equipment options noted above.

The Navigation Safety Regulations are still in the stakeholder consultation process. Therefore, the Board considers the response to the recommendation to show Satisfactory Intent .

Transport Canada's response to Recommendation M00-09 (January 2019)

Transport Canada (TC) agrees in principle with this recommendation. In 2018, the Department has focused on drafting the new Navigation Safety Regulations, which are expected to be published in the Canada Gazette, Part I, in spring 2019. These regulations provide vessels less than 12m on Near Coastal, Class 2 voyages the option to carry:

As per the TSB's March 2018 reassessment, the publication of the amended new Navigation Safety Regulations , should address the remaining component of the recommendation.

TSB reassessment of Transport Canada's response to Recommendation M00-09 (February 2019)

The Board notes that the new Navigation Safety Regulations are still at the draft stage and are expected to be published in the Canada Gazette , Part I, in spring 2019. Once the proposed Navigation Safety Regulations are published and in force, these regulations, in conjunction with the FVSR, will substantially reduce the safety deficiency identified in this recommendation.

The Board considers the response to the recommendation to be as Satisfactory Intent .

Transport Canada’s response to Recommendation M00-09 (January 2020)

Transport Canada agrees with this recommendation. In 2018/19, the Department focused on drafting the new Navigation Safety Regulations , which were published in the Canada Gazette , Part I, in June 2019, with a 90-day comment period. The proposed regulations are expected to be published in the Canada Gazette , Part II, in Spring 2020.

TSB reassessment of Transport Canada’s response to Recommendation M00-09 (March 2020)

The Board notes that the new Navigation Safety Regulations published in the Canada Gazette , Part I, in spring 2019 are expected to be published in the Canada Gazette , Part II, in spring 2020. Once the proposed Navigation Safety Regulations are published, they will substantially reduce the safety deficiency identified in this recommendation.

The Board considers the response to Recommendation M00-09 to show Satisfactory Intent .

Transport Canada’s response to Recommendation M00-09 (February 2021)

Transport Canada agrees with this recommendation. The Navigation Safety Regulations, 2020 were published in Canada Gazette, Part II in October 2020. These regulations require vessels that are 12m or less and engaged on Near Coastal, Class 2 voyages to carry a float-free EPIRB, a manually-activated EPIRB, a 406 MHz personal locator beacon (PLB), or a portable VHF-DSC/GPS radio. These regulations should substantially reduce the safety deficiency identified in the recommendation.

TSB reassessment of Transport Canada’s response to Recommendation M00-09 (March 2021)

The Board notes that the Navigation Safety Regulations, 2020 , which were published in October 2020, require all vessels engaged on near coastal, Class 1 voyages to have a float-free EPIRB, and all vessels that are 12 m or less and engaged on near coastal, Class 2 voyages to carry a float-free EPIRB, a manually-activated EPIRB, a 406 MHz PLB, or a portable VHF-DSC/GPS radio. This new regulation is expected to substantially reduce the risk identified in this recommendation.

The Board considers the response to Recommendation M00-09 to be Fully Satisfactory .

Next TSB action

This deficiency file is Closed .

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Vessel Certificates Regulations, SOR/2007-31

  • Versions (1)
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Past version: in force between Jul 1, 2007 and Jun 23, 2021

  • Administrative Monetary Penalties and Notices (CSA 2001) Regulations , SOR/2008-97
  • Arctic Shipping Safety and Pollution Prevention Regulations , SOR/2017-286
  • Ballast Water Regulations , SOR/2021-120
  • Board of Steamship Inspection Scale of Fees , CRC, c 1405
  • Cargo, Fumigation and Tackle Regulations , SOR/2007-128
  • Collision Regulations , CRC, c 1416
  • Competency of Operators of Pleasure Craft Regulations , SOR/99-53
  • Covered With Water Proclaimed Public Harbours Effective January 1, 1980, Certain Areas , SI/80-8
  • Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations , SOR/2021-25
  • Eastern Canada Vessel Traffic Services Zone Regulations , SOR/89-99
  • Environmental Response Regulations , SOR/2019-252
  • Fire and Boat Drills Regulations , SOR/2010-83
  • Fishing Vessel Safety Regulations , CRC, c 1486
  • Government Ships From the Application of the Canada Shipping Act, Regulations Excluding Certain , SOR/2000-71
  • Home-Trade, Inland and Minor Waters Voyages Regulations , CRC, c 1430
  • Hull Construction Regulations , CRC, c 1431
  • Large Fishing Vessel Inspection Regulations , CRC, c 1435
  • Life Saving Equipment Regulations , CRC, c 1436
  • Load Line Regulations , SOR/2007-99
  • Long-Range Identification and Tracking of Vessels Regulations , SOR/2010-227
  • Marine Machinery Regulations , SOR/90-264
  • Marine Personnel Regulations , SOR/2007-115
  • Marine Safety Fees Regulations , SOR/2021-59
  • Minor Waters Order , CRC, c 1448
  • Navigation Safety Regulations, 2020 , SOR/2020-216
  • Northern Canada Vessel Traffic Services Zone Regulations , SOR/2010-127
  • Order Acknowledging Receipt of the Assessments Done Under Subsection 23(1) of the Species at Risk Act (Chestnut-collared Longspur and Nine Other Wildlife Species) , SI/2023-75
  • Private Buoy Regulations , SOR/99-335
  • Response Organizations and Oil Handling Facilities Regulations , SOR/95-405
  • Sable Island Regulations , CRC, c 1465
  • Safety Management Regulations , SOR/98-348
  • Safe Working Practices Regulations , CRC, c 1467
  • Shipping Casualties Reporting Regulations , SOR/85-514
  • Ship Radio Inspection Fees Regulations , CRC, c 1472
  • Small Vessel Regulations , SOR/2010-91
  • Special-purpose Vessels Regulations , SOR/2008-121
  • Tackle Regulations , CRC, c 1494
  • Vessel Clearance Regulations , SOR/2007-125
  • Vessel Detention Orders Review Regulations , SOR/2007-127
  • Vessel Fire Safety Regulations , SOR/2017-14
  • Vessel Operation Restriction Regulations , SOR/2008-120
  • Vessel Pollution and Dangerous Chemicals Regulations , SOR/2012-69
  • Vessel Registration and Tonnage Regulations , SOR/2007-126
  • Vessel Safety Certificates Regulations , SOR/2021-135
  • Vessels Registry Fees Tariff , SOR/2002-172
  • Vessel Traffic Services Zones Regulations , SOR/89-98

Repealed, Spent or Not in Force

  • Anchorage Regulations , SOR/88-101
  • Ballast Water Control and Management Regulations , SOR/2006-129
  • Ballast Water Control and Management Regulations , SOR/2011-237
  • Boat and Fire Drill and Means of Exit Regulations , SOR/2005-280
  • Boating Restriction Regulations , CRC, c 1407
  • Burlington Canal Regulations , SOR/89-222
  • Charts and Nautical Publications Regulations, 1995 , SOR/95-149
  • Classed Ships Inspection Regulations, 1988 , SOR/89-225
  • Crew Accommodation Regulations , CRC, c 1418
  • Environmental Response Arrangements Regulations , SOR/2008-275
  • Fire Detection and Extinguishing Equipment Regulations , CRC, c 1422
  • Hull Inspection Regulations , CRC, c 1432
  • Navigation Safety Regulations , SOR/2005-134
  • Pollutant Discharge Reporting Regulations, 1995 , SOR/95-351
  • Port Wardens Tariff , SOR/79-154
  • Prevention of Pollution from Ships and for Dangerous Chemicals, Regulations for the , SOR/2007-86
  • Ships' Elevator Regulations , CRC, c 1482
  • Ship Station (Radio) Regulations, 1999 , SOR/2000-260
  • Ship Station (Radio) Technical Regulations, 1999 , SOR/2000-265
  • Small Vessel Regulations , CRC, c 1487
  • St. Clair and Detroit River Navigation Safety Regulations , SOR/84-335
  • Tariff of Fees of Shipping Masters , CRC, c 1495
  • Towboat Crew Accommodation Regulations , CRC, c 1498
  • Vessel Certificates Regulations , SOR/2007-31
  • VHF Radiotelephone Practices and Procedures Regulations , SOR/81-364
  • Voyage Data Recorder Regulations , SOR/2011-203

No amending legislation available on CanLII

Courses After 10th

NCV (Near Coastal Voyage): Details, Scope, Jobs & Salary

Have you passed 10th standard? Do you want to pursue a good merchant navy course after 10th? If yes, this post will be of help to you. Here, we will check out NCV course. NCV stands for Near Coastal Voyage. It is a job-oriented merchant navy course. After going through this post, readers will find the following details – basic details about NCV, course details, duration, eligibility criteria, age limit, physical standards, medical standards, eyesight and more.

Here is a quick overview of NCV course –

If you are a merchant navy enthusiast, you must have heard about NCV training course. It is a job oriented training course that will help you get into the merchant navy sector! In this article, you will be reading about NCV course. The article covers basic details like course duration, eligibility criteria and admission process.

NCV course

NCV stands for Near Coastal Voyage. It is a training course related to the field of merchant navy. Let us check out the basic details now –

Table of Contents

NCV course: Basic details

Eligibility criteria, ncv syllabus, ncv admission & career path, ncv jobs, scope & salary.

NCV stands for Near Coastal Voyage. It is a maritime training course . After completing this course, successful candidates may ply their trade board merchant navy ships involved in near coastal voyage. NCV, the classroom course, lasts for a period of 6 months. Candidates must then follow it up with sea service training though.

NCV course has been crafted keeping the needs of candidates who have completed matriculation. This program gives them a chance to join the merchant navy right after completing 10th class. It must be noted that NCV qualification holders are entitled to take voyages within the boundaries described by the administration.

NCV course deals with subjects such as – navigation aids, meteorological instruments, positioning of the ship, cargo handling, search and rescue operations, international maritime laws and more.

NCV course details

Let us take a closer look at details such as – duration, eligibility criteria, age limit, physical and medical standards etc. Here we go –

  • NCV, the classroom training program is 6 months long.
  • This is followed by 24 months of sea training. Together, the entire training course lasts for 30 months.

To be considered eligible to pursue this course, candidates must satisfy some requirements. They are –

  • Age limit : Must be between 17½ to 25 years (in cases of most of the institutes offering this course).
  • Educational qualifications : Being 10th passed from a recognized board is the minimum qualification required. Candidates possessing advanced qualifications are also eligible to apply! Candidate must have scored at least 40% marks in 10th board exam as well as English subject.
  • Physical and medical standards : Candidate should be physically and medically (eyesight and hearing) fit, as per the Merchant Shipping guidelines.
  • Eyesight : Candidate must have normal vision (6/6). Candidate must not suffer from color-blindness.

Here are some of the main subjects present in the training program –

  • International maritime laws
  • Navigational aids
  • Ship positioning
  • Cargo handling
  • Ship’s list
  • Ship operations
  • Communication skills

Many maritime institutes in India are offering NCV course at the moment. After securing admission, candidates undergo 6 months long academic program. This has to be followed by sea training. One must complete 24 months of sea training. After sea training phase, candidates may appear for 2nd mate NCV exam, clear it and get the certification!

For more details about merchant navy courses, check out these articles- merchant navy courses after 10th , GP Rating after 10th & Diploma in Marine Engineering .

After completing the classroom training and sea training, successful candidates are eligible to join merchant navy ships. As per the rules, they may join ships that set voyage within the boundaries set by the administration. NCV qualification holders are usually hired by – merchant navy ships, logistics firms, shipping lines etc. Starting salary could be anywhere between 30-50K INR per month. It depends upon factors such as – profile of the employee, aptitude of the candidate and location of the job.

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7 thoughts on “NCV (Near Coastal Voyage): Details, Scope, Jobs & Salary”

  • Pingback: Commercial Diving | Merchant Navy Course | Eligibility & Details

I have a sea experience of more than 100 months as a able bodied seamen how I apply for ncv 2nd mate and what is the procedure and documents

dear sir this is mukesh and i m ab i have completed my 36 month. and i m non pcm plz advice can i apply for ncv exam thank you.

sir pls guied me is there any GRT limit for ncv exam.

I am now in 1st year of bba logistics retailing and e commerce in imu chennai .. Am I eligible for the course like ncv ? I have competed my 12th with pcm 63% and 10 with 76%.. Plse reply me as soon as possible .

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Bulletin No.: 05/2011

From: Transport Canada

Ship Safety Bulletins (SSB)

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near coastal voyage class 1

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RDIMS No .: 6948978 Date ( Y-M-D ): 2011-11-02

Subject: How Fishing Masters, Second Class (CFV2) who were certified between March 21, 1980 and June 30, 2007 may obtain the Fishing Master, First Class Certificate of Competency issued under the Marine Personnel Regulations (MPR)

This bulletin explains how Fishing Masters, Second Class (CFV2) who were certified between March 21, 1980 and June 30, 2007, may obtain the Fishing Master, First Class (FM1) certificate of competency issued under the Marine Personnel Regulations (MPR).

This bulletin applies only to people who hold the Fishing Master, Second Class certificates of competency (CoC) originally issued between March 21, 1980 and June 30, 2007.

The CFV2 certificate originally issued between March 21, 1980 and June 30, 2007 was valid in order to serve as:

  • Master of a fishing vessel of any gross tonnage engaged on a voyage anywhere within the area around North America bounded by the meridians of longitude 30 degrees West and 180 degrees West and north of the parallel of latitude 6 degrees North.
  • Chief Mate of a fishing vessel of any gross tonnage engaged on an unlimited voyage.

The validity of the Fishing Master, Second Class (FM2) CoC issued under the Marine Personnel Regulations is lower than the validity of the CFV2 certificate originally issued between March 21, 1980 and June 30, 2007.

Canada ratified the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel , 1995 (STCW-F) in June 2010. When this Convention takes effect, Transport Canada Marine Safety (TCMS) will exchange the existing CFV2 certificates for the equivalent STCW-F (CoC).

This means people holding a CFV2 certificate originally issued between March 21, 1980 and June 30, 2007 will see the validity of their certificates lowered to:

  • Master, limited waters;
  • Master, fishing vessel of less than 24 meters, unlimited waters;
  • Officer, unlimited waters; and
  • Master of any type of vessel of less than 60 gross tonnage, near coastal voyage, class 2.

Limited waters will be defined similar to or as Limited, Contiguous waters voyage.

The MPR defines a Limited, Contiguous waters voyage as “a near coastal voyage, class 1 limited to the waters contiguous to Canada, the United States (except Hawaii) and St-Pierre-et-Miquelon.”

TCMS is presently amending the MPR to reflect the STCW-F, 1995 Convention and the 2010 amendments of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 .

Holders of CFV2  certificates of competency that act as master on a fishing vessel in waters beyond the definition of the limited waters will need to obtain the FM1 CoC to operate their vessels. This bulletin will give them the opportunity to obtain the FM1 CoC without having to meet the full requirements of section 139 of the MPR.

The same opportunity was given to holders of Master Intermediate voyage and First Mate Intermediate voyage CoCs with the exchange table of MPR Part 1, Schedule 1.

Transport Canada Policy

To ensure a smooth transition with the MPR and the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 , TCMS allows holders of the CFV2 certificate originally issued between March 21, 1980 and June 30, 2007 to obtain the FM1 CoC issued under the Marine Personnel Regulations without having to meet the full requirements of section 139 of the MPR. This will allow them to transit to the superior certificate by recognizing their acquired experience and the original validity of their CFV2 CoC.

To obtain the FM1 certificate under the MPR, the holders of CFV2 certificate of competency originally issued between March 21, 1980 and June 30, 2007 must meet the following requirements :

  • While holding at least a Fishing Master, Third Class (CFV3 or FM3) certificate, have acquired 12 months of sea service as master or officer in charge of the navigational watch on board one or more fishing vessels of at least 25 gross tonnage or at least 12 meters in length overall that are engaged on unlimited voyages or near coastal voyages, class 1. Note:   Up to half of an applicant’s sea service required by paragraph (a) may include service on board one or more normal trading vessels of at least 25 gross tonnage or at least 12 meters in length overall that are engaged on unlimited voyages or near coastal voyages, class 1.
  • At least 12 months of sea service on board one or more fishing vessels within the five years before the application date; or
  • At least three months of sea service on board one or more fishing vessels within the 12 months immediately before the application date.
  • Hold a valid medical certificate or a valid provisional medical certificate.
  • Ship Construction and Stability, Level 2;
  • General Ship Knowledge, Level 2; and
  • Celestial Navigation, Level 1.

Validity of the Fishing Master, First Class certificate of competency

The holder of this certificate may act as master of a fishing vessel of any tonnage engaged on an unlimited, near coastal or sheltered waters voyage.

The Fishing Master, First Class CoC is valid for five years from the date of issue. Renewal requirements are set out in section 106 and 111 of the MPR.

The following document is available for downloading or viewing:   How Fishing Masters, Second Class (CFV2) (MPR)  (33 KB ) 

To access the Portable Document Format ( PDF ) version you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:

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As Voyager 1's mission draws to a close, one planetary scientist reflects on its legacy

by Daniel Strain, University of Colorado at Boulder

Voyager 1

For nearly 50 years, NASA's Voyager 1 mission has competed for the title of deep space's little engine that could. Launched in 1977 along with its twin, Voyager 2, the spacecraft is now soaring more than 15 billion miles from Earth.

On their journeys through the solar system , the Voyager spacecraft beamed startling images back to Earth—of Jupiter and Saturn, then Uranus and Neptune and their moons. Voyager 1's most famous shot may be what famed astronomer Carl Sagan called the "pale blue dot," a lonely image of Earth taken from 6 billion miles away in 1990.

But Voyager 1's trek could now be drawing to a close. Since December, the spacecraft--which weighs less than most cars--has been sending nonsensical messages back to Earth, and engineers are struggling to fix the problem. Voyager 2 remains operational.

Fran Bagenal is a planetary scientist at the Laboratory for Atmospheric and Space Physics (LASP) at CU Boulder. She started working on the Voyager mission during a summer student job in the late 1970s and has followed the two spacecraft closely since.

To celebrate Voyager 1, Bagenal reflects on the mission's legacy—and which planet she wants to visit again.

Many are impressed that the spacecraft has kept going for this long. Do you agree?

Voyager 1's computer was put together in the 1970s, and there are very few people around who still use those computing languages. The communication rate is 40 bits per second. Not megabits. Not kilobits. Forty bits per second. Moreover, the round-trip communication time is 45 hours. It's amazing that they're still communicating with it at all.

What was it like working on Voyager during the mission's early days?

At the very beginning, we used computer punch cards. The data was on magnetic tapes, and we would print out line-plots on reels of paper. It was very primitive.

But planet by planet, with each flyby, the technology got a lot more sophisticated. By the time we got to Neptune in 1989, we were doing our science on much more efficient computers, and NASA presented its results live across the globe over an early version of the internet.

Think about it—going from punch cards to the internet in 12 years.

How did the Voyager spacecraft shape our understanding of the solar system?

First of all, the pictures were jaw-dropping. They were the first high-quality, close-up pictures of the four gas giant planets and their moons. The Voyagers really revolutionized our thinking by going from one planet to the other and comparing them.

Jupiter and Saturn's ammonia white and orange clouds, for example, were violently swept around by strong winds, while Uranus and Neptune's milder weather systems were hidden and colored blue by atmospheric methane. But the most dramatic discoveries were the multiple distinct worlds of the different moons, from Jupiter's cratered Callisto and volcanic Io to Saturn's cloudy Titan to plumes erupting on Triton, a moon of Neptune.

The Jupiter and Saturn systems have since been explored in greater detail by orbiting missions—Galileo and Juno at Jupiter, Cassini at Saturn.

As Voyager 1's mission draws to a close, one planetary scientist reflects on its legacy

Voyager 2 is the only spacecraft that has visited Uranus and Neptune. Do we need to return?

My vote is to return to Uranus—the only planet in our solar system that's tipped on its side.

We didn't know before Voyager whether Uranus had a magnetic field. When we arrived, we found that Uranus has a magnetic field that's severely tilted with respect to the planet's rotation. That's a weird magnetic field.

Jupiter, Saturn and Neptune all emit a lot of heat from the inside. They glow in the infrared, emitting two and a half times more energy than they receive from the sun. These things are hot.

Uranus isn't the same. It doesn't have this internal heat source. So maybe, just maybe, at the end of the formation of the solar system billions of years ago, some big object hit Uranus, tipped it on its side, stirred it up and dissipated the heat. Perhaps, this led to an irregular magnetic field .

These are the sorts of questions that were raised by Voyager 30 years ago. Now we need to go back.

Culturally, Voyager 1's most lasting impact may be the 'pale blue dot.' Why?

I have huge respect for Carl Sagan. I met him when I was 16, a high school student in England, and I shook his hand.

He pointed to the Voyager image and said, "Here we are. We're leaving the solar system. We're looking back, and there's this pale blue dot. That's us. It's all our friends. It's all our relatives. It's where we live and die."

This was the time we were just beginning to say, "Wait a minute. What are we doing to our planet Earth?" He was awakening or reinforcing this need to think about what humans are doing to Earth. It also evoked why we need to go exploring space: to think about where we are and how we fit into the solar system.

How are you feeling now that Voyager 1's mission may be coming to an end?

It's amazing. No one thought they would go this far. But with just a few instruments working, how much longer can we keep going? I think it will soon be time to say, "Right, jolly good. Extraordinary job. Well done."

Provided by University of Colorado at Boulder

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March 14, 2024

10 min read

Voyager 1’s Immortal Interstellar Requiem

NASA is reaching across more than 15 billion miles to rescue its malfunctioning Voyager 1 probe—but this hallowed interstellar mission can’t live forever

By Nadia Drake

Voyager spacecraft leaving Solar System. The spacecraft is in silhouette with the light from the distant sun shining through

An artist's concept of NASA's Voyager 1, the space agency's venerable and farthest-flung interplanetary probe.

Mark Garlick/Science Photo Library

In the fall of last year, one of NASA’s most venerable spacecraft started beaming home nonsense. Its usual string of 1’s and 0’s—binary code that collectively told of its journey into the unknown—became suddenly unintelligible.

Some 15 billion miles from Earth, beyond the protective bubble blown by the sun and in interstellar space, Voyager 1 was in trouble.

“We’d gone from having a conversation with Voyager, with the 1’s and 0’s containing science data, to just a dial tone,” says Linda Spilker , Voyager project scientist at NASA’s Jet Propulsion Laboratory (JPL).

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Spilker joined JPL in 1977, the same year that NASA launched Voyager 1 and its twin, Voyager 2 , on what, in a way, was an endless odyssey: from Earth, to the outer solar system and ultimately to interstellar infinity . Today there are several billion people on Earth who have never taken a breath without the Voyagers in our sky, people who, like me, have only ever existed in a cosmos shared with these talkative twin spacecraft. But like people, spacecraft get old. They break down .

And all good things—and even great ones—must come to an end. After days, and weeks and then months of nothing but indecipherable binary babbling, Voyager 1’s earthbound stewards had to reckon with the idea that maybe, after more than 46 years, its time had at last run out.

The Voyager 1 team at JPL had traced the problem to the spacecraft’s Flight Data System, an onboard computer that parses and parcels engineering and science measurements for subsequent radio transmittal to Earth. One possibility was that a high-energy cosmic particle had struck Voyager 1 and caused a bit flip within the system’s memory — something that has happened more frequently as the craft navigates the hostile wilds of interstellar space. Normally, the team would simply ask the spacecraft for a memory readout, allowing its members to find and reset the errant bit.

“We’ve recovered from bit flips before. The problem this time is we don’t know where the bit flip is because we can’t see what the memory is,” says Suzanne Dodd , Voyager project manager at JPL, who, like Spilker, began her long career with work on the probes. “It’s the most serious issue we’ve had since I’ve been the project manager, and it’s scary because you lose communication with the spacecraft.”

Yesterday, the team announced a significant step in breaking through to Voyager 1. After months of stress and unsuccessful answers they have managed to decode at least a portion of the spacecraft’s gobbledygook, allowing them to (maybe) find a way to see what it has been trying to say.

“It’s an excellent development on Voyager,” says Joe Westlake , director of NASA’s heliophysics division, which oversees the mission.

In the time it will take you to read this story, Voyager 1 will have traversed approximately 10,000 miles of mostly empty space ; in the weeks it took me to report it, the probe traveled some 26 million miles. And since its communication first became garbled last November, the spacecraft has sailed another 10 light-minutes away from home. Voyager 1 and its twin are slipping away from us as surely as the passage of time itself. Sooner or later, these hallowed space-age icons will fall silent, becoming no more than distant memories.

And even among the space community, which of course loves all of its robotic explorers equally, the Voyagers are special. “They are incredibly important and much beloved spacecraft,” says Nicola Fox , NASA’s associate administrator for science. “Voyager 1 is a national treasure, along with Voyager 2 .”

As envisioned, the Voyager mission would exploit a once-in-175-year alignment of Jupiter, Saturn, Uranus and Neptune to slingshot through the solar system’s sparsely charted hinterlands. Legend has it that NASA’s administrator sold the project to President Richard Nixon by noting that the last time the planets were so favorably arranged, Thomas Jefferson was living in the White House. Outfitted with nuclear power sources, the Voyagers were built to last—in utter defiance of the adage that what must go up, must come down. Neither was ever intended to make planetfall again; instead they were bound for the stars. And now, nearly a half-century later, the pair have become the longest-lived and farthest-flung probes ever dispatched by humankind. (Voyager 1 is the front-runner, with its sibling trailing close behind.)

Spilker was straight out of college when she started working on the Voyagers, eager to see the outer solar system through their robotic eyes as they surfed the rare celestial alignment. “I had a telescope in third grade that I used to look at Jupiter and Saturn,” she says. “I wanted to get up really close and get a look at what these planets look like.”

Between 1979 and 1981, Voyager 1 and Voyager 2 zipped by the gas giants , returning stunning images of banded Jupiter and buttery Saturn and their bewildering collection of moons. Voyager 2 went on to scrutinize the ice giants: Uranus in 1986 and Neptune in 1989. These were the first and only times anyone had seen each of these bluish ringed worlds up close.

“They were small little pinpoints of light, and now you’re flying close,” Spilker says. “And you see the cliffs of Miranda”—a bizarre Uranian moon—“and Triton, with active geysers going off.” (Nobody had expected to see an active icy world in orbit around Neptune, and even now Voyager’s 35-year-old image is still the best we have of that strange little moon.)

When the Voyagers left the realm of the known planets, each followed a different path into darkness: Voyager 1 arced up and out of the plane of the solar system, and Voyager 2 looped downward. Spilker also followed her own path: she went to graduate school and earned her doctorate in planetary science using Voyager data—not knowing that several decades later, after leading NASA’s Cassini mission to Saturn, she’d again be part of the mission that started it all.

“The chance came to go back to Voyager,” she says. “And I said, ‘Of course. I’d love to go back.’”

In the interim, as the Voyagers sailed farther from their Earthly harbor, teams shut down many of the onboard instruments, including the cameras. But the pair kept studying the space that they alone were visiting. Their main job was now to characterize the heliosphere—the solar-system-encompassing, cosmic-ray-blocking bubble formed by our sun’s wind and magnetic field. They would document the alien mix of particles and fields that pervade near nothingness. And maybe, if they got lucky, the twins would each escape the protective solar caul entirely to be reborn as true interstellar wanderers.

In 2012 Voyager 1 transcended this boundary , known as the heliopause, where the sun’s influence wanes. Before that scientists could only guess at what lay beyond this barrier and could only model how it shielded Earth from the harshness of the void. Now Voyager 1 could tell us directly about the stuff between the stars. Voyager 2 followed in 2018 , and Fox—then the new chief of NASA’s heliophysics division—was in the midst of the action.

“You’re looking at the cosmic rays going up and the solar wind going down, and it was one of those ‘oh, my god, this is so exciting’ moments,” Fox recalls. “I think of the Voyagers as one mission,” she says. “We’re putting all the data together, but they’re the ones that are out there. They’re the brave spacecraft that have left the protective bubble of the heliosphere and are out exploring interstellar space. It’s hard not to be excited by them.”

This wasn’t the first time Voyager 1 had started speaking an unintelligible language. In 2022, when the probe suffered an earlier bout of garbled telemetry, JPL engineer Bob Rasmussen was shaken out of retirement. The lab wanted to know if Rasmussen, who’d joined the spacecraft’s systems engineering team in 1975, was willing to have a think about the situation.

“I’d been happily retired for a bit more than a year at that point, with plenty else to keep me busy,” Rasmussen says. “But I like solving puzzles, and this was a tough one that I just couldn’t pass up. Cracking it took a few months, but the puzzle stream hasn’t slowed since then.”

Afterward, he stayed on-call. So last November, when Voyager 1 again started transmitting nonsense, Rasmussen was ready for more problem-solving. He was joined by a hand-picked team of specialists, and together they dove into the details for getting the ailing spacecraft back in action.

The problems were at least three layers deep. First, it takes a long time to communicate with Voyager 1. Traveling at the speed of light, the radio signals used to command the spacecraft take 22.5 hours to travel 15 billion miles—and 22.5 hours to come back. Second, the Voyagers are not exactly modern technology.

“Most things don’t last 46 years. Your clock radio and toaster aren’t going to last 46 years,” says Dodd, who started on the Voyager project straight out of school, then worked on other missions and is now back on this one.

Plus, many of the people who built and developed the spacecraft in the 1970s aren’t around to explain the rationale behind the designs.

And third, unluckily enough, whatever had mangled the spacecraft had managed to take out Voyager 1’s ability to send meaningful communications. The team was in the dark, trying to find the invisible source of an error. (Imagine trying to revive a stalled desktop computer with a frozen screen: you can’t see your cursor, and your clicks risk causing more problems—except in this case each input carries a multiday lag and could damage a precious, misbehaving artifact that is more than 15 billion miles away.) Perhaps the most vexing part was the team’s knowledge that Voyager 1 was otherwise intact and functioning as it should be.

“It’s still doing what it’s supposed to be doing,” Westlake says. “It just can’t quite figure out how to send the correct message home.”

Rasmussen and his colleagues set out to understand the spacecraft in as much detail as possible. That meant poring over the original design schematics, now yellowed and pinned to various walls—an effort that resembled “a bit of an archaeology dig,” Dodd says—and studying how past teams had addressed anomalies. That was tricky, Dodd says, because even though the team members could figure out how engineers solved a problem, they couldn’t necessarily discern the rationale behind various solutions. They’d send commands to Voyager 1 about once a week—usually on Fridays—and by Sunday, they’d hear back from the spacecraft.

“There’s suspense after each cautious move, hope with each piece that falls into place, disappointment if our hunches are wrong,” Rasmussen says.

Progress was slow. And as time crept on, the team grew more concerned. But no one was giving up, at any level of leadership.

“I will rely on the Voyager team to say, ‘Hey, Nicky, we’ve done everything , ’” Fox says. “We wouldn’t make any decisions until we knew that every single thing had been tried and tried again because we really do want to get Voyager 1 back talking to us.”

And then, in early March, something changed. In response to a command, instead of beaming back absolute gibberish, the spacecraft sent a string of numbers that looked more familiar. It proved to be a Rosetta stone moment. Soon an unnamed engineer at NASA’s Deep Space Network—the globe-girdling array of radio dishes that relays information from Earth to spacecraft—had learned how to speak Voyager 1’s jumbled language.

After translating that vaguely familiar portion of the spacecraft’s transmission, the team could see that it contained a readout of the flight data system’s memory. Now they face new questions: Can they find and correct the source of the mutated code? Can they learn whether the spacecraft is sending useful science data? Can they restore Voyager 1’s lexicon to its original state—or will they need to continue speaking in the probe’s new postheliopause patois? “The hope is that we’ll get good science data back,” Westlake says. “Thinking about something that’s been a constant throughout my entire career going away is really tough to think about.”

But either by glitch or time’s slow decay of radioactive power sources, the Voyagers will, of course, eventually fade away. Each year they lose four watts of power, and they grow ever colder. “Whether it’s this particular anomaly that gets us or one downstream, or the spacecraft gets old enough and cold enough —one day you’ll go to look for it and it has just stopped working,” Spilker says.

Like silent ambassadors or wordless emissaries, the Voyagers will keep sailing outward, still carrying us with them into the stars—“sort of like a message a bottle,” Spilker says.

Besides their science payloads, a fraction of each spacecraft’s mass was devoted to casting a cosmic message into the interstellar ocean from a lonely island called Earth. Mounted to each probe is a golden record etched with grooves encoding a selection of sights and sounds from our small corner of space and time. An accompanying stylus is positioned to play the record from the beginning, alongside a pictographic and arithmetic instruction manual.

The records are gold because gold is stable for eons, and they’re records because that was the best way to store a lot of information in the 1970s. Should they ever be recovered and decoded, the message will tell the stories of we humans—at least as envisioned (and in some cases performed) by a small group of folks that included my parents ( the late astrophysicist Frank Drake and his surviving spouse Amahl Shakhashiri Drake), astronomer Carl Sagan, documentary producer Ann Druyan and science writer Timothy Ferris. Those stories are imperfect. They’re filled with lopsided optimism and scrubbed of references to war, famine, poverty and most any other Earthly failing—a deliberate decision to hide the defects of our broken world. I know this because my dad, the record’s technical director and a pioneer in the scientific quest to find cosmic civilizations, told me about the hard choices he’d made in selecting the photographs. And I know it because my mom, who recorded the message’s Arabic greeting (“Greetings to our friends in the stars. We wish that we will meet you someday”), helped, too.

For me, as the Voyagers travel through space , they’re not only helping us understand the cosmic context in which we exist; they’re also bearing a memento of my parents into the stars. These spacecraft—and their gleaming paean to Earth—will survive for billions of years. Long after our world, our sun and everything we hold dear becomes unrecognizable, the Voyagers will remain, resolutely speeding ever farther from a home that no longer exists and containing artifacts of a civilization that once was.

That’s why, over nearly half a century, the Voyagers and their interstellar tidings have come to be bigger than the already audacious mission they were designed to accomplish. Their reach is broader. And their inevitable silence will be profound.

“The thought that they’re out there on their own and you can no longer communicate with them—it’s traumatic,” Fox says. “It’s sad. It’s really sad.”

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COMMENTS

  1. Canada Shipping Act, 2001

    Near coastal voyage, Class 1: A voyage that is not a sheltered water voyage or a near coastal voyage, Class 2; A voyage that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America;

  2. Chapter 1

    Voyage Classes Sheltered Waters Voyage - a voyage that is in Canada on a lake or a river above tidal waters, where a vessel can never be further than 1 nautical mile from the shore, or that is on the waters listed in Schedules 1 and 2 of the Vessel Certificates Regulations.. Near Coastal Voyage, Class 2 - a voyage, other than a Sheltered Waters Voyage, during which the vessel is always ...

  3. PDF Voyage Classification

    Mexico, Central America or the northeast coast of South America; and (c) during which the vessel engaged on the voyage is always (i) north of latitude 6°N, and (ii) within 200 nautical miles from shore or above the continental shelf. (voyage à proximité du littoral, classe 1) "near coastal voyage, Class 2" means a voyage

  4. Important Note

    Unlimited voyage means a voyage that is not a sheltered waters voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. Note: The definitions of the voyage classifications are found in the Vessel Certificate Regulations, section 1. Principal Operator Certification and Training (See note 17 below for additional information.)

  5. Vessel Safety Certificates Regulations

    unlimited voyage means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité) Marginal note: Interpretation. 2 (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations,

  6. Canada Gazette, Part 2, Volume 155, Number 13: Vessel Safety

    Fire and Boat Drills Regulations. 39 The definitions near coastal voyage, Class 1, sheltered waters voyage and unlimited voyage in section 1 of the Fire and Boat Drills Regulations footnote 11 are replaced by the following:. near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations.(voyage à proximité du littoral, classe 1)

  7. SOR/2021-135

    near coastal voyage, Class 1 means a voyage (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2; (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any ...

  8. Canada Gazette, Part II, Volume 154, Number 22

    (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or (b) the vessel is on a near coastal voyage, Class 2 and is more than 12 m in length. Float-free EPIRB — location (2) The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to (a) float free should the vessel sink;

  9. Chapter 4

    First aid - At least one crew member must hold a valid certificate in marine basic first aid while a vessel is engaged on a Near Coastal Voyage, Class 2 or Sheltered Waters Voyage. A valid marine advanced first aid course is required for vessels engaged on a Near Coastal Voyage, Class 1.

  10. PDF Applies to a vessel that

    Near coastal voyage, Class 1 means a voyage (a) that is not a sheltered waters voyage or a near coastal voyage, Class 2; (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, Central America or

  11. Canada Gazette, Part 1, Volume 154, Number 44: Vessel Safety

    Fire and Boat Drills Regulations. 36 The definitions near coastal voyage, Class 1, sheltered waters voyage and unlimited voyage in section 1 of the Fire and Boat Drills Regulations footnote 18 are replaced by the following:. near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations.(voyage à proximité du littoral, classe 1)

  12. Navigation Safety Regulations, 2020

    (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or (b) the vessel is more than 12 m in length and is engaged on an inland voyage or a near coastal voyage, Class 2. Marginal note: Float-free EPIRB — location (2) The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to

  13. PDF RESOLUTION MSC.235(82) (adopted on 1 December 2006) ADOPTION OF THE

    1.2.6 Offshore installation means a marine structure located at an offshore site. 1.2.7 IS Code means the Code on Intact Stability for all Types of Ships Covered by IMO Instruments, as amended. 1.2.8 Near-coastal voyage means a voyage in the vicinity of the coast of a State as defined by the Administration of that State.

  14. Marine Personnel Regulations

    (voyage à proximité du littoral, classe 1) near coastal voyage, Class 2. near coastal voyage, Class 2 means a voyage (a) that is not a sheltered waters voyage; and (b) during which a vessel is always (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and

  15. Canada Gazette, Part 1, Volume 153, Number 24: Navigation Safety

    (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or (b) the vessel is on a near coastal voyage, Class 2 and is more than 12 m in length. Float-free EPIRB — location (2) A float-free EPIRB required by this section must be fitted on board a vessel such that it would allow the EPIRB to

  16. Marine transportation safety recommendation M00-09

    Near coastal voyage, class 1: Any length: a) one or more SOLAS life rafts or reduced capacity life rafts of sufficient total capacity to carry the total number of persons on board; and b) an immersion suit of an appropriate size for each person on board. 3. Near coastal voyage, class 2: 12 m or more

  17. SOR/2020-216

    (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or (b) the vessel is more than 12 m in length and is engaged on an inland voyage or a near coastal voyage, Class 2. Float-free EPIRB — location (2) The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to

  18. PDF 'Near Coastal Voyage Class 1' Criteria Declaration Form

    Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America; and (c) during which the vessel engaged on the voyage is always (i) north of latitude 6°N, and (ii) within 200 nautical miles from shore or above the continental shelf. Near Coastal Voyage Class 1 Operating Area Map -See accompanying PDF file for this ...

  19. SOR/2007-31

    Act. Act means the Canada Shipping Act, 2001. ()Minister. Minister means the Minister of Transport. (ministre)near coastal voyage, Class 1. near coastal voyage, Class 1 means a voyage (a) that is not a sheltered waters voyage or a near coastal voyage, Class 2; (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, Central ...

  20. Watchkeeping Mate Near Coastal (WKMNC)

    Chief Mate on board a vessel of not more than 3000 GT engaged on a near coastal voyage class 1 and 2. Chief mate on board a vessel of any tonnage engaged on a sheltered-waters voyage. Individuals wishing to obtain the STCW Watchkeeping Mate Certification will be required to complete one more course: NAUT 1826 - Astro Navigation 2 .

  21. NCV (Near Coastal Voyage): Details, Scope, Jobs & Salary

    NCV stands for Near Coastal Voyage. It is a maritime training course. After completing this course, successful candidates may ply their trade board merchant navy ships involved in near coastal voyage. NCV, the classroom course, lasts for a period of 6 months. Candidates must then follow it up with sea service training though.

  22. Chief Mate, Certificate, Part-time (2020CERTTS)

    The holder of this certificate may act as Chief Mate on board any vessel on unlimited voyage, or as Master on vessels of less than 500 gross tonnage on near coastal voyage class 1 and class 2, or as Master on any vessel on sheltered waters voyage. The program. The Chief Mate position is second in the line of command of the vessel after the Captain.

  23. Bulletin No.: 05/2011

    The MPR defines a Limited, Contiguous waters voyage as "a near coastal voyage, class 1 limited to the waters contiguous to Canada, the United States (except Hawaii) and St-Pierre-et-Miquelon." TCMS is presently amending the MPR to reflect the STCW-F, 1995 Convention and the 2010 amendments of the International Convention on Standards of ...

  24. As Voyager 1's mission draws to a close, one planetary scientist

    For nearly 50 years, NASA's Voyager 1 mission has competed for the title of deep space's little engine that could. Launched in 1977 along with its twin, Voyager 2, the spacecraft is now soaring ...

  25. 100 potential new deep-sea species discovered, including mystery ...

    The expedition team focused its investigation on the 500-mile (800-kilometer) long Bounty Trough, a little-explored part of the ocean off the coast of New Zealand, east of South Island.

  26. NASA Communicates with Ailing Voyager 1 Spacecraft

    Voyager 1 and its twin are slipping away from us as surely as the passage of time itself. Sooner or later, these hallowed space-age icons will fall silent, becoming no more than distant memories ...