near coastal voyage meaning

What is "Near Coastal"?

Hi, I recently had a friend ask about his new 1600t Near Coastal Mate’s license .

He wanted to know how far offshore he could sail and if he could sail on international voyages . I’ve always sailed deep sea on an unlimited license, so i’m at a bit of loss. The best answer I could find came from the Master of Towing Vessel Association blog, which says within 200nm is “near coastal”.

Any thoughts? Thanks!

Ill look up the links later, but from memory, A near coastal license is only valid within the US EEZ, roughly 200 miles from the US coastline, But not overlapping another countries domain. For instance your friend cannot take his license and run a boat (legally) from Texas to Columbia (as long as he stays within 200 miles of the coastline) because the US EEZ does NOT go that far away from our coast.

HOWEVER, this does not mean this is not done (regularly) I know of several Yachties who have ONLY had near coastal and run charter boats all around the Caribbean, and have never had a problem. But if your friend is going to run commercial vessels that are legit, he cant go foreign.

In the USA, Near Coastal is out to 200 NM… The distance changes from Country to Country (STCW Signatory states) and if you know the distances each country uses for the definition, you can in fact sail foreign… Unless your MMC reads “domestic voyages only” … It is what the USCG told me, before the NMC

See the following: www.[B]uscg[/B].mil/hq/cg5/nvic/pdf/2000/n7-00.pdf

[QUOTE=MateChristine;59939]Hi, I recently had a friend ask about his new [U]1600t Near Coastal Mate’s license[/U].

He wanted to know [U]how far offshore he could sail and if he could sail on international voyages[/U]. I’ve always sailed deep sea on an unlimited license, so i’m at a bit of loss. The best answer I could find came from the Master of Towing Vessel Association blog, which says within 200nm is “near coastal”.

Any thoughts? Thanks![/QUOTE]

It’s up to the country whose waters you are in.

So the USCG and/or shipping articles won’t restrict him from sailing on international voyages? Would he some how be ‘covered’ if he sailed with a master that had an oceans license? I guess the best way to ask this question might be, “how is one’s employment restricted with a near coastal license?”

I always thought it was 200 NM from the beach, and it didnt matter who’s beach it was…

I’ll be a thorn in the side here. First here is a theoretical example of a tug which is going to be towing a barge of cargo from Houston Tx to Cartajena Columbia. Using the logic that a ‘near coastal’ license could cover the trip like you are trying to justify, and as per Mr Cavo’s implication, Your company HR office would have to ensure that your license is ‘accepted’ by Mexico, Belize, Honduras, Nicaragua, Costa Rica, Panama, and Finally Columbia. So your office would have to ensure all the countries accept your license. OR… They could just hire a mariner with an Oceans endorsement and not have to worry about it. What do YOU think any office would do? Secondly, if there was a voyage being undertaken from say Houston Tx to say The Yucatan Mexico, but half way there, they got a change in orders to take the load to aruba, do you really think the office would accept having you jaunt in looping courses just to stay within 200 miles to keep the near coastal license valid? NO. Hiring an ocean license would let them send the boat the most economical course, to save money. The difference in personel cost between a near coastal versus an ocean endorsement is marginal. Huge waste of fuel is an unacceptable expenditure.

Your query about whether having one oceans license would ‘cover’ the trips is incorrect. The vessel either needs the wheelhouse complement to be oceans, or not. you cant piggyback off one another. If the particular trip requires an ocean license, then ALL operators must have an ocean license.

From my limited knowledge of this, only Mexico, the Bahamas, and Canada accept our licenses as ‘near coastal’ being acceptable to operate from their near coast. BUT, this is a very difficult thing to find out, and I don’t know of any company which will put the time in to figure this out. They just swap crews to make the trip with ocean licenses.

Of course your friend could just ‘go’ and try it. In all likelyhood it wouldn’t be discovered, unless there is an accident or investigation upon return. The he may simply have his license revoked. So yes, you could just ‘wing it’ and see if he gets away with it (provided you found a company to hire him on such voyage as an officer).

The USCG let us carry a tug from San juan to Norfolk & no one had an oceans endorsement on board. They gave us an ok to sail letter.

[QUOTE=Tugted;59994]The USCG let us carry a tug from San juan to Norfolk & no one had an oceans endorsement on board. They gave us an ok to sail letter.[/QUOTE]

I seem to recall in the late ‘70’s the USCG gave a permit to proceed to a guy who was attempting to ROW across the Atlantic. On his second attempt the idea was finally laid to rest. (So was he I guess) But the CG letter to proceed is NOT an all encompassing approval for ALL particulars of the voyage. It only address’ the vessels suitability to proceed, not necessarily the crew manning. These are uninspected vessels after all, and as can be seen manning is a convoluted issue. It all depends upon vessel tonnage, route, length of voyage, and COD,COI.

It is easy to find out who accepts “near coastal” that would be all STCW signatory states… Again, each signatory state has its own definition and the distance may not be 200 nm… It is in the USA

Then you get into the nasty conundrum of vessels that are under 100 tons that STCW does not apply, but they CAN go foreign, with no regard to STCW, or manning quota. The trouble I see is that the topic is not dealt with definitively from ANY one authoritative agency that is accepted world wide. Everyone has their own mishmash of regs, understandings, and ours (the USCG) honestly seems to be the worst, most convoluted and confusing. It appears we use a law from 1936 to judge manning of vessels over 200 tons, a set of CFR cites to man everything else, but this is compounded by having STCW thrown in for manning for foreign, then add to it inland throw EVERYthing out the window, but foreign countries use a totally different system… go figure.

there is another issue here. the thought that a near coastal license is valid for foreign voyages. I am pretty certain that is not true. anyone got the CFR for that?

I was told you need Oceans to sail international now but I don’t know

[QUOTE=MateChristine;59969]So the USCG and/or shipping articles won’t restrict him from sailing on international voyages? Would he some how be ‘covered’ if he sailed with a master that had an oceans license? …[/QUOTE]

No. If the vessel is on an oceans voyage, every deck officer has to have an oceans license.

in 05 i had the opposite experience from tugted. we were mid voyage down the eastern seaboard and the company found out that they in fact needed oceans licenses(and more ab’s) to get from Florida to Puerto Rico. this company had been sailing this trip for many years. turns out nc is good for 200nm from a US possession (rather than 200nm from shore) and there’s about a 40 mile stretch that’s greater than 200 nm from both Florida and PR. Granted the vessel we were on was over 100t and inspected, not an UTV. This at least was the opinion that was given by whoever they talked to in the USCG pre NMC.

A NC license can be valid for international but not oceans. Certain countries accept a USCG NC license and others do not. The international part comes from STCW compliance, rather than the license itself. I hold a NC license that with STCW has been accepted in Canada, Bahamas, Mexico and many Caribbean countries, whilst sailing on US flagged commercial vessels. . But I cannot sail more than 200 miles from the coast in order to reach theses countries. AS others have stated I cannot go to Central America as it is not recognized by the countries there. And this is why I cannot sail [B]to[/B] the West Coast. But I have sailed Mexico to Alaska on voyages starting that side.

Anyone heard the phrase ‘near foreign’? That has an impact upon where a NC can go.

You know what is really crazy? The fact that there can even be a poll on a professional maritime forum asking such a question!

It simply boggles the mind that the CG can create a license category and not even bother to define it in a fashion that the people who hold the license can easily understand. Do those people get bonus points for smoke and mirrors and do they lose money for clarity?

This is another poster child illustration of why the CG ought to get the Hell out of the mariner licensing business. They don’t seem to know what they are doing and don’t seem to care that they are doing it so badly people have to have a poll to figure out what their license means.

You can always take a 10 days course that most any 8th grader can pass and get the ocean endorsement.

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46 CFR § 10.107 - Definitions in subchapter B.

• Table of Popular Names

(a) With respect to part 16 of this subchapter only, if the definitions in paragraph (b) of this section differ from those set forth in § 16.105, the definition set forth in § 16.105 applies.

(b) As used in this subchapter, the following terms apply only to merchant marine personnel credentialing and the manning of vessels subject to the manning provisions in the navigation and shipping laws of the United States:

Able seafarer-deck means a rating qualified in accordance with the provisions of Regulation II/5 of the STCW Convention.

Able seafarer-engine means a rating qualified in accordance with the provisions of Regulation III/5 of the STCW Convention.

Apprentice mate (steersman) of towing vessels means a credentialed mariner in training to perform bridge watchkeeping duties onboard a towing vessel , who must be under the direct supervision and in the continuous presence of a master or mate (pilot) of towing vessels.

Approved means approved by the Coast Guard .

Approved training means training that is approved by the Coast Guard or meets the requirements of § 10.408 of this part.

Articulated tug barge or ATB means any tug-barge combination which, through the use of an articulated or “hinged” connection system between the tug and barge , allows independent movement in the critical area of fore and aft pitch.

Assistance towing means towing a disabled vessel for consideration.

Assistant engineer, for national endorsements, means a qualified officer in the engine department other than the chief engineer .

Authorized official includes, but is not limited to, a Federal, State or local law enforcement officer.

Ballast control operator or BCO means an officer restricted to service on mobile offshore drilling units (MODUs) whose duties involve the operation of the complex ballast system found on many MODUs. When assigned to a MODU, a ballast control operator is equivalent to a mate on a conventional vessel .

Barge means a non-self propelled vessel as defined in 46 U.S.C 102 .

Barge supervisor or BS means an officer restricted to service on MODUs whose duties involve support to the offshore installation manager (OIM) in marine-related matters including, but not limited to, maintaining watertight integrity, inspecting and maintaining mooring and towing components, and maintaining emergency and other marine-related equipment. A barge supervisor , when assigned to a MODU, is equivalent to a mate on a conventional vessel .

Boatswain means the leading seaman and immediate supervisor of deck crew who supervises the maintenance of deck gear.

Boundary line marks the dividing point between internal and offshore waters for the purposes of several U.S. statutes and, with exceptions, generally follows the trend of the seaward, highwater shorelines. See 46 CFR part 7 .

Cargo engineer means a person holding an officer endorsement on a dangerous-liquid tankship or a liquefied-gas tankship whose primary responsibility is maintaining the cargo system and cargo-handling equipment.

Ceremonial license means a document that reflects a mariner's existing national officer endorsement and is suitable for framing, but is not valid for use as a Merchant Mariner Credential (MMC).

Chemical tanker means a tank vessel that is certificated to carry or carries chemicals in bulk as cargo or cargo residue. For the purposes of qualifying for an STCW endorsement for advanced chemical tanker cargo operations, this includes tank barges.

Chief engineer means the senior engineer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the vessel .

Chief mate means the deck officer next in rank to the master and upon whom the command of the vessel will fall in the event of incapacity of the master .

Coast Guard -accepted means—

(1) That the Coast Guard has officially acknowledged in writing that the material or process at issue meets the applicable requirements;

(2) That the Coast Guard has issued an official policy statement listing or describing the material or process as meeting the applicable requirements; or

(3) That an entity acting on behalf of the Coast Guard under a Memorandum of Agreement has determined that the material or process meets the applicable requirements.

Coast Guard -accepted QSS organization means an entity that has been approved by the Coast Guard to accept and monitor training on behalf of the Coast Guard .

Coastwise seagoing vessel means a vessel that is authorized by its Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this chapter.

Coastwise voyage is a domestic voyage and means a voyage in which a vessel proceeds—

(1) From one port or place in the United States to another port or place in the United States ;

(2) From a port or place in a United States possession to another port or place in the same possession, and passes outside the line dividing inland waters from the high seas; or

(3) From a port or place in the United States or its possessions and passes outside the line dividing inland waters from the high seas and navigates on the high seas, and then returns to the same port or place.

Communicable disease means any disease capable of being transmitted from one person to another directly, by contact with excreta or other discharges from the body; or indirectly, via substances or inanimate objects contaminated with excreta or other discharges from an infected person . Pursuant to 42 U.S.C. 12113 , the Department of Health and Human Services periodically publishes in the Federal Register a list of infectious and communicable diseases that are transmissible through the food supply, and that list provides examples of communicable diseases for purposes of § 10.304 of this title.

Conviction means that the applicant for a merchant mariner credential has been found guilty, by judgment or plea by a court of record of the United States , the District of Columbia, any State, territory, or possession of the United States , a foreign country, or any military court, of a criminal felony or misdemeanor or of an offense described in section 205 of the National Driver Register Act of 1982 , as amended ( 49 U.S.C. 30304 ). If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court's conviction , then the Coast Guard will consider the applicant to have received a conviction . A later expungement of the conviction will not negate a conviction unless the Coast Guard is satisfied that the expungement is based upon a showing that the court's earlier conviction was in error.

Credential means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement .

(4) Certificate of registry.

(5) Merchant Mariner Credential .

Criminal record review means the process or action taken by the Coast Guard to determine whether an applicant for, or holder of, a credential is a safe and suitable person to be issued such a credential or to be employed on a vessel under the authority of such a credential .

Dangerous drug means a narcotic drug, a controlled substance, or a controlled-substance analogue (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 ( 21 U.S.C. 802 )).

Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of this chapter that is not a liquefied gas as defined in this part. Liquid cargoes in bulk listed in 46 CFR part 153 , Table 2, of this chapter are not dangerous-liquid cargoes when carried by non-oceangoing barges.

Day means, for the purpose of complying with the service requirements of this subchapter, 8 hours of watchstanding or day -working not to include overtime. On vessels authorized by 46 U.S.C. 8104 and 46 CFR 15.705 , to operate a two-watch system, a 12-hour working day may be creditable as 1 1/2 days of service. On vessels of less than 100 GRT, a day is considered as 8 hours unless the Coast Guard determines that the vessel 's operating schedule makes this criteria inappropriate; in no case will this period be less than 4 hours. When computing service on MODUs for any endorsement , a day of MODU service must be a minimum of 4 hours, and no additional credit is received for periods served over 8 hours. For cadet service on a training ship furnished by the Maritime Administration under 46 CFR 310.4 , a day may be creditable as 1 1/2 days of service.

Deck crew (excluding individuals serving under their officer endorsement) means, as used in 46 U.S.C. 8702 , only the following members of the deck department: able seamen, boatswains, and ordinary seamen.

Deck department means the department aboard a ship responsible for navigation, cargo, command, and control functions.

Designated areas means those areas within pilotage waters for which first-class pilot's endorsements are issued under part 11, subpart G, of this chapter, by the Officer in Charge, Marine Inspection (OCMI). The areas for which first-class pilot's endorsements are issued within a particular Marine Inspection Zone and the specific requirements to obtain them may be obtained from the OCMI concerned.

Designated duty engineer or DDE means a qualified engineer, who may be the sole engineer on vessels with a periodically unmanned engine room.

Designated examiner or DE means a person who has been trained or instructed in techniques of training or assessment on towing vessels and is otherwise qualified to evaluate whether an applicant has achieved the level of proficiency required to hold a towing vessel endorsement on a merchant mariner credential (MMC). This person must be approved by the Coast Guard .

Designated medical examiner means a licensed physician, licensed physician's assistant, or licensed nurse practitioner who has been trained and approved to conduct medical and physical examinations of merchant mariners on behalf of the U.S. Coast Guard and may be delegated limited authority to grant waivers and approve physical/medical suitability for service.

Directly supervised/direct supervision (only when referring to issues related to tankermen) means being in the direct line of sight of the person -in-charge or maintaining direct, two-way communications by a convenient, reliable means, such as a predetermined working frequency over a handheld radio.

Disabled vessel means a vessel that needs assistance, whether docked, moored, anchored, aground, adrift, or underway . This does not mean a barge or any other vessel not regularly operated under its own power.

Document of Continuity means a document issued by the Coast Guard to seafarers who are unwilling or otherwise unable to meet the requirements of § 10.227 , for the sole purpose of maintaining an individual's eligibility for renewal of an endorsement .

Domestic voyage means a voyage from one United States port to another United States port, without entering waters under the jurisdiction of another country unless the United States has entered into a treaty or an agreement with that country respecting mutual recognition of national mariner qualifications. This includes a voyage to nowhere that returns to the originating port.

Drug test means a chemical test of an individual's urine for evidence of dangerous drug use.

Dual-mode integrated tug barge means an integrated tug barge (ITB) involving an articulated (flexible) coupling system where the towing unit rolls and heaves (articulates) about a horizontal pivot point. Dual mode units resemble a conventional tug and are capable of towing in other configurations (astern or alongside).

Electro-technical officer means an officer qualified in accordance with the provisions of Regulation III/6 of the STCW Convention.

Electro-technical rating means a rating qualified in accordance with the provisions of Regulation III/7 of the STCW Convention.

Employment assigned to means the total period of time a person is assigned to work on MODUs, including time spent ashore as part of normal crew rotation.

Endorsement is a statement of a mariner's qualifications and, for the purposes of this chapter, includes only those endorsements listed in § 10.109 of this part.

Engine department means the department aboard a ship responsible for the main propulsion and auxiliary systems, and other mechanical, electrical, hydraulic, and refrigeration systems, including deck machinery and cargo-handling equipment.

Entry-level mariner means a mariner holding no rating other than ordinary seaman, wiper, steward's department , or steward's department food handler (F.H.).

Evaluation means processing an application, from the point of receipt to approval or denial of the application, including review of all documents and records submitted with an application as well as those obtained from public records and databases.

Fails a chemical test for dangerous drugs means that the result of a chemical test conducted under 49 CFR part 40 was reported as “positive” by a Medical Review Officer because the chemical test indicated the presence of a dangerous drug at a level equal to or exceeding the levels established in 49 CFR part 40 .

First assistant engineer means the engineer officer next in rank to the chief engineer and upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the vessel will fall in the event of the incapacity of the chief engineer .

Great Lakes, for the purpose of calculating service requirements for an endorsement , means the Great Lakes and their connecting and tributary waters, including the Calumet River as far as the Thomas J. O'Brien Lock and Controlling Works (between miles 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between miles 321 and 322), and the Saint Lawrence River as far east as the lower exit of Saint Lambert Lock. For purposes of requiring MMCs with rating endorsements, the connecting and tributary waters are not part of the Great Lakes .

Gross register tons or GRT means the gross ton measurement of the vessel under 46 U.S.C. chapter 145 , Regulatory Measurement.

Gross tonnage or GT means the gross tonnage measurement of the vessel under 46 U.S.C. chapter 143 , Convention Measurement.

Harbor assist means the use of a towing vessel during maneuvers to dock, undock, moor, or unmoor a vessel , or to escort a vessel with limited maneuverability.

High-speed craft type rating (HSC) means an endorsement for specific duty on a particular type and model of high-speed craft (compliant with the high-speed craft code).

Horsepower or HP means, for the purpose of this subchapter, the total maximum continuous shaft horsepower of the entire vessel 's main propulsion machinery as determined by the manufacturer. This term is used when describing a vessel 's propulsion power and also when placing limitations on an engineer officer license or endorsement . One horsepower equals 0.75 kW.

ILO means the International Labour Organization.

IMO means the International Maritime Organization.

Increase in scope means additional authority added to an existing credential , such as adding a new route or increasing the authorized horsepower or tonnage.

Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes , and, for towing vessels, excluding the Western Rivers .

Integrated tug barge or ITB means any tug barge combination which, through the use of special design features or a specially designed connection system, has increased seakeeping capabilities relative to a tug and barge in the conventional pushing mode. An ITB can be divided into either a dual-mode ITB or a push-mode ITB. The definitions for those categories can be found elsewhere in this section.

Invalid credential means an MMC, MMD, license, STCW endorsement , or Certificate of Registry that has been suspended or revoked, has expired, has been tampered with, has not been signed, or has been superseded in accordance with § 10.205 of this part.

ISM means the International Safety Management Code.

Kilowatt or kW means 1 1/3 horsepower. This term is used when describing a vessel 's propulsion power and also when placing limitations on an engineer officer license or endorsement .

Large passenger vessel, for the purposes of subpart H of part 12, and part 15, means a vessel of more than 70,000 gross tons, as measured under 46 U.S.C. 14302 and documented under the laws of the United States , with capacity for at least 2,000 passengers and a coastwise endorsement under 46 U.S.C. chapter 121 .

Lifeboatman means a mariner who is qualified to take charge of, lower, and operate survival craft and related survival equipment on a vessel .

Lifeboatman-Limited means a mariner who is qualified to take charge of, lower, and operate liferafts, rescue boats, and other survival equipment on vessels where lifeboats are not installed.

Liquefied gas or LG means a cargo that has a vapor pressure of 172 kPa (25 psia) or more at 37.8 °C (100 °F).

Liquefied gas tanker means a tank vessel that is certificated to carry or carries liquefied gases in bulk as cargo or cargo residue. For the purposes of qualifying for an STCW endorsement for advanced liquefied gas tanker cargo operations, this includes tank barges.

Liquid cargo in bulk means a liquid or liquefied gas listed in § 153.40 of this chapter and carried as a liquid cargo or liquid-cargo residue in integral, fixed, or portable tanks, except a liquid cargo carried in a portable tank actually loaded and discharged from a vessel with the contents intact.

Management level means the level of responsibility associated with—

(1) Serving as master , chief mate , chief engineer officer or second engineer officer onboard a seagoing ship ; and

(2) Ensuring that all functions within the designated area of responsibility are properly performed.

Marine chemist means a person certificated by the National Fire Protection Association as a marine chemist .

Master means the officer having command of a vessel .

Mate means a qualified officer in the deck department other than the master .

Medical Certificate means a certificate issued by the Coast Guard under 46 CFR part 10 , subpart C that serves as proof that the seafarer meets the medical and physical standards for merchant mariners.

Merchant Mariner Credential or MMC means a credential issued by the Coast Guard under 46 CFR part 10 . It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service.

MMC application means the application for the MMC, as well as the application for any endorsement on an MMC.

Mobile offshore drilling unit or MODU means a vessel capable of engaging in drilling operations for the exploration for or exploitation of subsea resources. MODU designs include the following:

(1) Bottom bearing units, which include—

(i) Self-elevating (or jack-up) units with moveable, bottom bearing legs capable of raising the hull above the surface of the sea; and

(ii) Submersible units of ship -shape, barge -type, or novel hull design, other than a self-elevating unit, intended for operating while bottom bearing.

(2) Surface units with a ship -shape or barge -type displacement hull of single or multiple hull construction intended for operating in a floating condition, including semi-submersibles and drill ships.

Month means 30 days, for the purpose of complying with the service requirements of this subchapter.

National Driver Register or NDR means the nationwide repository of information on drivers maintained by the National Highway Traffic Safety Administration under 49 U.S.C. chapter 303 .

National officer endorsement means an annotation on an MMC that allows a mariner to serve in the capacities listed in § 10.109(a) of this part. The officer endorsement serves as the license and/or certificate of registry pursuant to 46 U.S.C. subtitle II part E.

National rating endorsement means an annotation on an MMC that allows a mariner to serve in those capacities set out in § 10.109(b) and (c) of this part. The rating endorsement serves as the merchant mariner's document pursuant to 46 U.S.C. subtitle II part E.

NDR-listed convictions means a conviction of any of the following motor vehicle-related offenses or comparable offenses:

(1) Operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; or

(2) A traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.

Near-coastal means ocean waters not more than 200 miles offshore from the U.S. and its possessions, except for MMCs endorsed as Operator of Uninspected Passenger Vessel for which near-coastal is limited to waters not more than 100 miles offshore from the U.S. and its possessions. This would also include those near-coastal waters identified by another Administration when the U.S. has entered into a treaty or an agreement with that country respecting the recognition of the U.S. near-coastal endorsement .

Non-resident alien, for the purposes of subchapter H of part 12, and part 15, means an individual who is not a citizen or alien lawfully admitted to the United States for permanent residence, but who is employable in the United States under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.), including an alien crewman described in section 101(a)(15)(D)(i) of that Act who meets the requirements of 46 U.S.C. 8103(k)(3)(A) .

Oceans means the waters seaward of the Boundary Lines as described in 46 CFR part 7 . For the purposes of establishing sea service credit, the waters of the Inside Passage between Puget Sound and Cape Spencer, Alaska, and the inland waters of another country are not considered oceans .

Officer endorsement means an annotation on an MMC that allows a mariner to serve in the capacities listed in § 10.109 of this part.

Officer in Charge, Marine Inspection, or OCMI means, for the purposes of this subchapter, the commanding officer of the National Maritime Center, or any person designated as such by the Commandant , in accordance with 46 CFR 1.01–5 (b).

Officer in charge of an engineering watch in a manned engine room or designated duty engineer in a periodically unmanned engine room (OICEW) means an engineering officer qualified at the operational level .

Officer in charge of a navigational watch (OICNW) means a deck officer qualified at the operational level .

Offshore installation manager or OIM means an officer restricted to service on MODUs. An assigned offshore installation manager is equivalent to a master on a conventional vessel and is the person designated by the owner or operator to be in complete and ultimate command of the unit.

Oil tanker means a tank vessel that is certificated to carry or carries oil in bulk as cargo or cargo residue. For the purposes of qualifying for an STCW endorsement for advanced oil tanker cargo operations, this includes tank barges.

On location means that a mobile offshore drilling unit is bottom bearing or moored with anchors placed in the drilling configuration.

Operate, operating, or operation (as applied to the manning requirements of vessels carrying passengers) refers to a vessel any time passengers are embarked whether the vessel is underway , at anchor, made fast to shore, or aground.

Operational level means the level of responsibility associated with—

(1) Serving as officer in charge of a navigational or engineering watch, or as designated duty engineer for periodically unmanned machinery spaces, or as radio operator onboard a seagoing ship ; and

(2) Maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility.

Orally assisted examination means an examination as described in 46 CFR, part 11 , subpart I of this subchapter administered orally and documented by a Coast Guard examiner.

Overriding operational condition means circumstances in which essential shipboard work cannot be delayed due to safety or environmental reasons, or could not have reasonably been anticipated at the commencement of the voyage.

Participation, when used with regard to the service on transfers required for tankerman by §§ 13.120 , 13.203 , or 13.303 of this chapter, means either actual participation in the transfers or close observation of how the transfers are conducted and supervised.

Passes a chemical test for dangerous drugs means that the result of a chemical test conducted according to 49 CFR part 40 is reported as “negative” by a Medical Review Officer according to that part.

Periodically unattended engine room means a space containing main propulsion and associated machinery and all sources of main electrical supply which is not at all times manned under all operating conditions, including maneuvering.

PIC means a person in charge.

Pilot of towing vessels means a qualified officer of a towing vessel operated only on inland routes.

Pilotage waters means the navigable waters of the United States , including all inland waters and offshore waters to a distance of 3 nautical miles from the baseline from which the Territorial Sea is measured.

Practical demonstration means the performance of an activity under the direct observation of a designated examiner or qualified assessor for the purpose of establishing that the performer is sufficiently proficient in a practical skill to meet a specified standard of competence or other objective criterion.

Propulsion power means the total maximum continuous-rated output power of the main propulsion machinery of a vessel determined by the manufacturer, in either kilowatts or horsepower, which appears on the ship 's Certificate of Registry or other official document and excludes thrusters and other auxiliary machinery.

Public vessel means a vessel that—

(1) Is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and

(2) Is not engaged in commercial service.

Push-mode ITBs means those ITBs that involve a rigid coupling system and, when not coupled to the barge , are incapable of conducting towing in any other configuration (such as astern or alongside) because, by themselves, they have very limited seakeeping capability. The propelling unit moves as one with the barge unit.

Qualified Assessor or QA means a person who is qualified to evaluate, for STCW endorsements, whether an applicant has demonstrated the necessary level of competence in the task for which the assessment is being made. This person must be individually approved by the Coast Guard .

Qualified instructor means a person who has been trained in instructional techniques and is otherwise qualified to provide required training to candidates for an MMC endorsement . A faculty member employed at a State maritime academy or the U.S. Merchant Marine Academy operated under 46 CFR part 310 and instructing a course on merchant marine officer or rating knowledge, understanding, or proficiency requirements is qualified to serve as a qualified instructor in his or her area of specialization without individual evaluation by the Coast Guard .

Qualified rating means various categories of able seaman, qualified member of the engine department , or tankerman endorsements issued on MMCs.

Quality Standard System or QSS means a set of policies, procedures, processes, and data required to establish and fulfill the organization's objectives.

Raise of grade means an increase in the level of authority and responsibility associated with an officer or rating endorsement , such as from mate to master or second assistant engineer to first assistant engineer .

Rating endorsement is an annotation on an MMC that allows a mariner to serve in those capacities set out in § 10.109 of this part.

Regional examination center or REC means a field office of the National Maritime Center that receives and screens credential applications, conducts approved course oversight, and administers Coast Guard examinations as required by this subchapter.

Rest means a period of time during which the person concerned is off duty, is not performing work (which includes administrative tasks such as chart correction or preparation of port-entry documents), and is allowed to sleep without interruption.

Restricted tankerman endorsement means a valid tankerman endorsement on a merchant mariner credential restricting its holder as the Coast Guard deems appropriate. For instance, the endorsement may restrict the holder to one or a combination of the following: A specific cargo or cargoes; a specific vessel or vessels; a specific facility or facilities; a specific employer or employers; a specific activity or activities (such as loading or unloading in a cargo transfer); or a particular area of water.

Rivers means a river, canal, or other similar body of water designated as such by the Coast Guard .

Safe and suitable person means a person whose prior record, including but not limited to criminal record and/or NDR record, provides no information indicating that his or her character and habits of life would support the belief that permitting such a person to serve under the MMC and/or endorsement sought would clearly be a threat to the safety and security of life or property, detrimental to good discipline, or adverse to the interests of the United States . See 46 CFR 10.211 and 10.213 for the regulations associated with this definition.

Seagoing service means service onboard a ship/vessel relevant to the issue of a credential or other qualification.

Seagoing vessel means a ship that operates beyond the boundary line specified in 46 CFR part 7 .

Second engineer officer means an engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer.

Self propelled has the same meaning as the terms “propelled by machinery” and “mechanically propelled.” This term includes vessels fitted with both sails and mechanical propulsion.

Senior company official means the president, vice president , vice president for personnel, personnel director, or similarly titled or responsible individual, or another employee designated in writing by one of these individuals for the purpose of certifying employment.

Service (as used when computing the required service for endorsements) means the time period, in days, a person is assigned to work. On MODUs, this excludes time spent ashore as part of crew rotation.

Ship means a vessel using any mode of propulsion, including sail and auxiliary sail.

Simulated transfer means a transfer practiced in a course meeting the requirements of § 13.121 of this subchapter that uses simulation to meet part of the service on transfers required for tankerman by §§ 13.203 or 13.303 of this subchapter.

Staff officer means a person who holds an MMC with an officer endorsement listed in § 10.109(a)(36) through (a)(43) of this part.

Standard of competence means the level of proficiency to be achieved for the proper performance of duties onboard vessels according to national and international criteria.

Steward's department means the department that includes entertainment personnel and all service personnel, including wait staff, housekeeping staff, and galley workers, as defined in the vessel security plan approved by the Secretary under 46 U.S.C. 70103(c) . These personnel may also be referred to as members of the hotel department on a large passenger vessel .

STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (incorporated by reference, see § 10.103 of this subpart).

STCW Code means the Seafarers' Training, Certification and Watchkeeping Code (incorporated by reference, see § 10.103 of this subpart).

STCW endorsement means an annotation on an MMC that allows a mariner to serve in those capacities under § 10.109(d) of this subpart. The STCW endorsement serves as evidence that a mariner has met the requirements of the STCW Convention.

Support level means the level of responsibility associated with performing assigned tasks, duties, or responsibilities onboard a seagoing ship under the direction of an individual serving in the operational or management level .

Tank barge means a non-self-propelled tank vessel .

Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—

(1) Is a vessel of the United States ;

(2) Operates on the navigable waters of the United States ; or

(3) Transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States .

Tankerman assistant means a person holding a valid “Tankerman-Assistant” endorsement on his or her MMC. See 46 CFR, part 13 , subpart D.

Tankerman engineer means a person holding a valid “Tankerman-Engineer” endorsement on his or her MMC. See 46 CFR part 13 , subpart E.

Tankerman PIC means a person holding a valid “Tankerman-PIC” endorsement on his or her MMC. See 46 CFR part 13 , subpart B.

Tankerman PIC (Barge) means a person holding a valid “Tankerman-PIC (Barge)” endorsement on his or her MMC. See 46 CFR part 13 , subpart C.

Tankship means any self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk as cargo or as cargo residue.

Training program means a combination of training, practical assessment, and service which provides an individual with all or part of the necessary knowledge, understanding, and proficiency required for a specific qualification.

Transfer means any movement of fuel, dangerous liquid, or liquefied gas as cargo in bulk or as cargo residue to or from a vessel by means of pumping, gravitation, or displacement.

Transportation Worker Identification Credential or TWIC means an identification credential issued by the Transportation Security Administration under 49 CFR part 1572 .

Underway means that a vessel is not at anchor, made fast to the shore, or aground. When referring to a mobile offshore drilling unit (MODU), underway means that the MODU is not in an on-location or laid-up status and includes that period of time when the MODU is deploying or recovering its mooring system.

Undocumented vessel means a vessel not required to have a certificate of documentation issued under the laws of the United States .

Unlimited means an annotation on an MMC authorizing service on vessels of any tonnage or any propulsion power .

Vessel personnel with designated security duties means a person , excluding the designated security officer (e.g., Company Security Officer (CSO), as defined in 33 CFR chapter I , subchapter H, and Vessel Security Officer (VSO)), having specific security duties and responsibilities in accordance with the ship security plan.

Vessel Security Officer (VSO) means a person onboard the vessel accountable to the Master and designated by the Company as responsible for security of the vessel , including implementation and maintenance of the Vessel 's Security Plan, and for liaison with the Facility Security Officer and the vessel 's Company Security Officer.

Western Rivers means—

(1) The Mississippi River;

(2) The Mississippi River's tributaries, South Pass, and Southwest Pass, to the navigational demarcation lines dividing the high seas from harbors, rivers , and other inland waters of the United States ;

(3) The Port Allen-Morgan City Alternate Route;

(4) That part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternate Route including the Old River and the Red River; and

(5) Those waters specified in 33 CFR 89.25 .

Year means 360 days for the purpose of complying with the service requirements of this subchapter.

• National Driver Register Act of 1982
• Immigration and Nationality Act

What does “near-coastal voyages” mean in STCW 2010?

by Ship Inspection 16.2k Views

Voyages in the vicinity of a Party as defined by that Party. (Reg. I/1) (This means that States set their own individual “near-coastal” limits. )

Written by Ship Inspection

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What certificates of competency are specified by stcw 2010 for deck department ratings.

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Vol. 151, No. 4 — February 22, 2017

Registration

SOR/2017-14 February 3, 2017

CANADA SHIPPING ACT, 2001

Vessel Fire Safety Regulations

P.C. 2017-84 February 3, 2017

Whereas Part 1 of the proposed Regulations sets out standards that are additional or complementary to the standards set out in the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention, and the Governor in Council is satisfied that those additional or complementary standards meet the objectives of the Convention and Protocol;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(d) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote a) , makes the annexed Vessel Fire Safety Regulations .

Interpretation

1 (1) The following definitions apply in these Regulations.

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

cargo vessel means a vessel that is not a passenger vessel. ( bâtiment de charge )

dangerous goods means the substances, materials and articles to which the IMDG Code applies. ( marchandises dangereuses )

fire retardant coating means a coating that

• (a) a product certification body, testing laboratory or recognized organization has certified as having a flame spread rating or index of 25 or less and a smoke developed classification or index of 100 or less when tested in accordance with the standard CAN/ULC-S102, entitled Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies , published by the Standards Council of Canada, or the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials ; or
• (b) meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code. ( revêtement retardant la propagation de la flamme )

fire retardant resin means a laminating resin that

• (a) a product certification body, testing laboratory or recognized organization has certified as having a flame spread rating or index of 25 or less and a smoke developed classification or index of 100 or less when tested in accordance with the standard CAN/ULC-S102, Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies , published by the Standards Council of Canada, or the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials ; or
• (b) meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code. ( résine retardant la propagation de la flamme )

fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations . ( bâtiment de pêche )

FSS Code means the International Code for Fire Safety Systems , published by the IMO. ( Recueil FSS )

FTP Code means the International Code for Application of Fire Test Procedures, 2010 , published by the IMO. ( Code FTP )

high-speed craft means a craft that has been certified in accordance with the HSC Code and that meets the requirements of that Code. ( engin à grande vitesse )

HSC Code means

• (a) in the case of high-speed craft referred to in sections 1.3.1 to 1.3.6 of the International Code of Safety for High Speed Craft, 2000 , published by the IMO, that Code; and
• (b) in the case of all other high-speed craft, the International Code of Safety for High-Speed Craft, 1994 , published by the IMO. ( Recueil HSC )

IMDG Code means the International Maritime Dangerous Goods Code , published by the IMO. ( Code IMDG )

IMO means the International Maritime Organization. ( OMI )

length has the same meaning as in paragraph (b) of the definition length in section 1 of the Vessel Registration and Tonnage Regulations . ( longueur )

Minister means the Minister of Transport. ( ministre )

near coastal voyage, Class 2, limited means a voyage

• (a) that is not a sheltered waters voyage;
• (b) during which the vessel engaged on the voyage is always within 5 nautical miles from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon;
• (c) during which the maximum distance from the port of call is not more than 7.5 nautical miles, if the voyage starts and ends at the same port of call; and
• (d) during which the maximum distance between all ports of call is not more than 15 nautical miles, if the voyage starts and ends at different ports of call. ( voyage limité à proximité du littoral, classe 2 )

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

product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement (MLA), to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification. ( organisme de certification de produits )

recognized organization means an organization or a corporation with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Act. ( organisme reconnu )

sheltered waters voyage has the same meaning as in section 1 of the Vessel Certificates Regulations . ( 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. ( SOLAS )

testing laboratory means a laboratory that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Laboratory Accreditation Cooperation, to produce accurate results for the specific tests or calibrations that are listed on its Scope of Accreditation. ( laboratoire d’essai )

type approval certificate means a type approval certificate referred to in the FTP Code. ( certificat d’approbation par type )

(2) Except as provided in subsection (3), all words and expressions defined in Chapter II-2 of SOLAS and used in Part 1 or 2 have the same meaning as in that Chapter.

(3) For the purposes of Parts 1 and 2, the definition “A” class divisions includes the criterion that the insulation on the decks and bulkheads be held in place in accordance with the applicable requirements of the type approval certificate and with the manufacturer’s instructions.

(4) For the purposes of Parts 1 and 2, a vessel is constructed on

• (i) the day on which its keel is laid,
• (ii) the day on which construction identifiable with a specific vessel begins, and
• (iii) the day on which assembly of the vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material; or
• (b) in the case of a vessel converted to a passenger vessel, the day on which the conversion begins.

(5) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

(6) For the purpose of interpreting a document incorporated by reference into these Regulations,

• (a) “should” is to be read as “must”; and
• (b) “Administration” is to be read as “Minister”.

(7) For the purposes of these Regulations, any guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document that is incorporated by reference into these Regulations are to be considered mandatory.

(8) For the purposes of these Regulations, dangerous goods are in limited quantities if Chapter 3.4 of the IMDG Code applies to those goods and they meet the requirements of that Chapter.

2 (1) For the purposes of these Regulations, if a material must meet requirements set out in Annex 1 to the FTP Code,

• (a) it must be approved by the Minister as meeting those requirements and in accordance with that Code;
• (b) the Minister’s approval is not required when section 6 of the Code applies; and
• (c) the Code is to be read without reference to the words “In general”.

(2) For the purposes of these Regulations,

• (a) “may” is to be read as “must” in section 3.4 of Part 3 of Annex 1 to the FTP Code;
• (b) section 3.5.2.1 of Part 3 of Annex 1 to the FTP Code is to be read as “Thermal radiation through windows must be tested and evaluated in accordance with appendix 3 to this part if escape routes pass near the windows”; and
• (c) the hose-stream test procedure set out in section 5 of appendix 2 to Part 3 of Annex 1 to the FTP Code is mandatory if escape routes pass near the windows.

3 (1) For the purposes of these Regulations, if a system or equipment must meet requirements of the FSS Code, the system or equipment must be approved by the Minister as meeting those requirements.

(2) Subsection (1) does not apply in respect of the design of pressure containers referred to in section 124.

[ 4 to 99 reserved]

PART 1

Chapter ii-2 of solas and modifications.

100 The following definitions apply in this Part.

equipment includes appliances. ( équipement )

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

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

Application

101 (1) This Part applies in respect of Canadian vessels everywhere that are

• (a) passenger vessels that are Safety Convention vessels;
• (i) 24 m or more in length, other than vessels referred to in paragraph (2)(a), or
• (ii) more than 15 gross tonnage but of less than 24 m in length that are carrying more than 36 berthed passengers;
• (c) cargo vessels of 500 gross tonnage or more; or
• (d) vessels of more than 15 gross tonnage that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation.

(2) This Part, other than the requirements with respect to structural fire protection, applies in respect of Canadian vessels everywhere that are

• (i) are not Safety Convention vessels,
• (ii) are carrying no berthed passengers and fewer than 100 unberthed passengers, and
• (iii) are engaged on a sheltered waters voyage or a near coastal voyage, Class 2, limited; or
• (b) cargo vessels of 24 m or more in length but of less than 500 gross tonnage, other than vessels that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation.

(3) This Part does not apply in respect of

• (a) pleasure craft;
• (b) fishing vessels;
• (c) high-speed craft;
• (d) vessels that do not have mechanical means of propulsion;
• (e) wooden vessels of primitive build;
• (f) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; or
• (g) nuclear vessels.

102 (1) Except as otherwise provided in this Part, a vessel’s authorized representative must ensure that the requirements of Chapter II-2 of SOLAS — other than those of regulation 1 and Part E — and the requirements of sections 109 to 150 and 153 to 159 are met in respect of the vessel.

(2) Except as otherwise provided in this Part, a vessel’s master must ensure that the requirements of regulation 7.8.1 and Part E of Chapter II-2 of SOLAS and of sections 117, 118, 151 and 152 are met in respect of the vessel.

(3) For the purposes of subsection (1), in respect of vessels that are not Safety Convention vessels,

• (i) are carrying more than 36 berthed passengers,
• (ii) are carrying more than 50 passengers, of which more than 12 but not more than 36 are berthed passengers, or
• (iii) are carrying more than 100 passengers and are engaged on a voyage that is not a sheltered waters voyage or a near coastal voyage, Class 2, limited; and
• (i) are carrying not more than 50 passengers, of which not more than 36 are berthed passengers,
• (ii) are carrying not more than 100 passengers, of which not more than 12 are berthed passengers, and are engaged on a voyage that is not a sheltered waters voyage or a near coastal voyage, Class 2, limited, or
• (iii) are carrying more than 100 passengers, of which not more than 12 are berthed passengers, and are engaged on a voyage that is a sheltered waters voyage or a near coastal voyage, Class 2, limited.

(4) Despite subsections (1) and (2), the requirements for tankers that are set out in Chapter II-2 of SOLAS — other than those in regulation 1 — apply in respect of tankers subject to regulation 1.6 of that Chapter. The authorized representative of a tanker must ensure that any requirements of that regulation that are in addition to or different from the requirements referred to in those subsections are met. However, the requirement in regulation 1.6.7 of that Chapter that equipment be fitted not later than July 1, 2005 does not apply before

• (a) if the tanker is a Safety Convention vessel, the day on which it is first registered as a Canadian vessel or the day on which this section comes into force, whichever is later;
• (b) if the tanker is not a Safety Convention vessel, the day on which it is first registered as a Canadian vessel or the first anniversary of the day on which this section comes into force, whichever is later; and
• (c) if the tanker is transferred from the register of another state to the Register for the first time on the day on which this section comes into force, the day on which it is transferred to the Register.

Grandfathered Vessels

103 If a vessel that is not a Safety Convention vessel and that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9, its authorized representative may ensure that the requirements with respect to structural fire protection and fire safety systems and equipment that would have been required under the Act to be met, on the day before that day, are met instead of the requirements referred to in section 102 of these Regulations with respect to structural fire protection and fire safety systems and equipment.

104 If a Safety Convention vessel that was constructed before July 1, 2002 held, at any time before the day on which this section comes into force, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9,

• (a) its authorized representative may ensure that the requirements with respect to structural fire protection and fire safety systems and equipment that would have been required under the Act to be met, on the day before that day, are met instead of the requirements referred to in section 102 of these Regulations with respect to structural fire protection and fire safety systems and equipment; and
• (b) its master may ensure that the requirements with respect to fire control plans that would have been required under the Act to be met, on the day before that day, are met instead of the requirements referred to in section 102 of these Regulations with respect to fire control plans.

105 For the purposes of sections 103 and 104, the reference to section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

Limitations on Grandfathering

106 (1) Except in respect of the requirements referred to in subsection (3), sections 103 and 104 do not apply in respect of

• (i) substantially alter the vessel’s dimensions or its passenger accommodation spaces, or
• (ii) substantially increase the vessel’s service life or the life of the vessel’s outfitting;
• (b) systems and equipment that are related to the parts of a vessel described in paragraph (a);
• (c) parts of a vessel that, beginning on the day on which this section comes into force, are replaced; or
• (d) systems and equipment that, beginning on the day on which this section comes into force, are replaced.

(2) Sections 103 and 104 do not apply if the vessel’s intended service changes in such a manner that any of the requirements with respect to structural fire protection and fire safety systems and equipment that would have been required under the Act to be met are no longer met.

(3) Sections 103 and 104 apply only until the first anniversary of the day on which this section comes into force in respect of the requirements of regulations 13.3.4.2 to 13.3.4.5 and 13.4.3 and part E — except regulations 16.3.2.2 and 16.3.2.3 — of Chapter II-2 of SOLAS.

(4) Sections 103 and 104 do not apply in respect of amendments to SOLAS that are adopted by the IMO on or after the day on which this section comes into force if SOLAS provides that the amendments apply regardless of the date of a vessel’s construction.

Exemptions and Equivalents

107 For the purposes of this Part, the Marine Technical Review Board established under section 26 of the Act may exercise the Administration’s powers conferred by regulations 4 and 5 of Chapter I of SOLAS.

Carriage of Dangerous Goods

108 (1) A vessel that carries dangerous goods must hold a Document of Compliance issued under subsection (2).

(2) On application by the authorized representative of a vessel, the Minister must issue a Document of Compliance to the vessel if its construction and equipment meet the requirements referred to in section 102 that apply if the vessel carries dangerous goods.

(3) For the purposes of this section, dangerous goods does not include

• (a) dangerous goods in limited quantities; or
• (b) dangerous goods specified as class 6.2 or 7 in the IMDG Code, except solid bulk cargoes.

Requirements

Regulation 4 of chapter ii-2 of solas — probability of ignition, oil fuel tanks.

109 For the purposes of regulation 4.2.2.3.5.1, if sounding pipes are used, they must terminate on an open deck, if feasible.

Prevention of Overpressure

110 For the purposes of regulation 4.2.2.4, the air pipes on any oil tank or part of the oil fuel system must be flame-screened and, if feasible, terminate on an open deck.

Ventilation Systems in Cargo Pump-rooms

111 The mechanical ventilation system required by regulation 4.5.4.1 must

• (a) permit the extraction of air from the cargo pump room bilges or from immediately above the transverse floor plates or bottom longitudinals;
• (i) situated in the ventilation ducts at a height of at least 2 m above the lower platform of the cargo pump room, and
• (ii) fitted with a fire damper that is capable of being opened and closed from the weather deck or the lower platform of the cargo pump-room; and
• (c) provide a means of ensuring a free flow of gases through the lower platform of the cargo pump-room to the ventilation duct intakes.

Regulation 5 of Chapter II-2 of SOLAS — Fire Growth Potential

Closing appliances and stopping devices of ventilation.

112 (1) In addition to the requirements of regulation 5.2, a vessel must be fitted with means to automatically shut down the ventilation fans for a space when a fixed gas fire-extinguishing system for that space is activated.

(2) In addition to the requirements of regulation 5.2.2.3, a vessel must be fitted with a means of control if the vessel is provided with any other equipment than that referred to in that regulation, including hydraulic power systems, that could contribute to sustaining a fire or create any other unsafe condition in the case of fire, in the space in which that other equipment is fitted.

Insulating Materials

113 (1) In addition to the restriction in regulation 5.3.1.1 on the use of combustible insulating materials, organic foam must not be used in the mail rooms or baggage rooms of a passenger vessel.

(2) If organic foam is used in a cargo space or a refrigerated compartment of a service space,

• (i) sealed with an intumescent coating that meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code, and
• (ii) covered with a steel-sheet protective facing;
• (b) in the case of organic foam used in a cargo space or a refrigerated compartment of a service space on a vessel of steel construction, the boundaries to the space must be of steel construction; and
• (c) in the case of organic foam used in a refrigerated compartment of a service space on a vessel of aluminum construction, the boundaries to the space must be of steel or aluminum construction.

Regulation 6 of Chapter II-2 of SOLAS — Smoke Generation Potential and Toxicity

114 In addition to the requirements of regulation 6, plastic piping fitted on a vessel must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code and must be subject of a Minister’s type approval indicating that it meets the requirements set out in the IMO Resolution A.753(18), entitled Guidelines for the Application of Plastic Pipes on Ships .

Regulation 7 of Chapter II-2 of SOLAS — Detection and Alarm

Smoke detectors.

115 In addition to the requirements of regulation 7.5, a smoke detector must be installed in every cabin and every service space, regardless of the method of fire protection chosen.

Protection of Cargo Spaces in Passenger Vessels

116 For the purposes of regulation 7.6, “where it is shown to the satisfaction of the Administration that the ship is engaged on voyages of such short duration that it would be unreasonable to apply this requirement” is to be read as “in the case of voyages of not more than 48 hours’ duration during which the cargo holds are opened to load or unload cargo”.

Fire Patrols in Passenger Vessels

117 (1) Regulation 7.8.1 applies in respect of a vessel that is not a Safety Convention vessel only if it

• (a) is carrying more than 50 passengers or more than 25 berthed passengers; or
• (b) is carrying more than 100 unberthed passengers and is on a voyage during which it is more than 15 nautical miles from the point of departure or 5 nautical miles from shore.

(2) The fire patrols required by regulation 7.8.1 must be performed at least once every hour and must include a patrol of the entire vessel.

Passenger Vessels at Dock

118 In addition to the requirements of regulation 7, every passenger vessel that is scheduled to be at a dock for more than one hour must, immediately on arrival at the dock, be connected to the shore fire-alarm system or to the local fire-station telephone system, if either system is fitted at the dock.

Regulation 9 of Chapter II-2 of SOLAS — Containment of Fire

Protection of stairways and lift trunks in accommodation spaces, service spaces and control stations.

119 The class division requirements of regulation 9.2.3.4 for stairways that penetrate more than a single deck apply to any area, such as a landing or corridor, between the stairways, if those stairways provide continuous fire shelter as described in subsection 147(6).

Openings in Decks and Bulkheads in Passenger Vessels

120 (1) In addition to the requirements of regulation 9.4.1.1.2, every door in an “A” class division must meet the following requirements:

• (a) the gap between the door leaf and its frame, as installed on board the vessel, must not exceed the gap measured when the door was tested in accordance with the FTP Code, but, in the case where the door was approved without a sill being part of the frame, the gap under the door, as installed on board the vessel, must not exceed the gap set out in regulation 9.4.1.1.2; and
• (b) a grille or louvre must not be fitted in the door.

(2) The hose port requirements of regulation 9.4.1.1.8 apply in respect of every hose port fitted in a door in an “A” class division.

(3) If a ventilation duct passes through a main horizontal zone division on a passenger vessel, a fail-safe automatic-closing fire damper must be fitted in accordance with regulation 9.4.1.1.9, and the duct between the division and the damper must meet the requirements of that regulation.

(4) In addition to the requirements of regulations 9.4.1.1 and 9.4.1.2, every door in an “A” or “B” class division must be fitted with a thin metal identification plate that

• (a) has clearly stamped on it the door manufacturer’s name, the “A” or “B” class rating, the type approval certificate number and the number of the drawing to which the door has been manufactured; and
• (b) is screwed or riveted to either of the vertical edges of the door panel.

Doors in Fire-resisting Divisions in Cargo Vessels

121 (1) In addition to the requirements of regulation 9.4.2.1, the following requirements must be met:

• (a) the gap between every door leaf and its frame in an “A” class division, as installed on board the vessel, must not exceed the gap measured when the door was tested in accordance with the FTP Code, but, in the case where the door was approved without a sill being part of the frame, the gap under the door, as installed on board the vessel, must not exceed the gap set out in regulation 9.4.2.1 for an “A” class division;
• (b) a grille or louvre must not be fitted in a door in an “A” class division; and
• (i) has clearly stamped on it the door manufacturer’s name, the “A” or “B” class rating, the type approval certificate number and the number of the drawing to which the door has been manufactured, and
• (ii) is screwed or riveted to either of the vertical edges of the door panel.

(2) For the purposes of regulation 9.4.2.2, if hold-back arrangements fitted with remote-release devices of the fail-safe type are utilized,

• (a) the arrangements must be capable of being operated at the door and from the wheelhouse; and
• (b) a fire door open-close indicator panel must be provided in the wheelhouse.

Protection of Openings in Cargo Pump-rooms

122 In addition to the requirements of regulation 9.5.2.6, a vessel that has cargo pump-rooms must not be fitted with windows in the boundaries of those rooms.

Ventilation Systems

123 (1) Despite regulation 9.7.2.1, the galley ventilation systems must, on all cargo vessels and all passenger vessels, be separate from the ventilation systems serving other spaces.

(2) The requirements of regulation 9.7.4.3 apply in respect of every stairway enclosure serving more than one deck on all cargo vessels and all passenger vessels.

Regulation 10 of Chapter II-2 of SOLAS — Firefighting

Fire-extinguishing systems and equipment.

124 Every pressure container for a fixed fire-extinguishing system required by Regulation 10 must bear a mark indicating that it

• (a) meets the applicable requirements for transport by road or ship that are set out in section 5.10 of the Transportation of Dangerous Goods Regulations ;
• (b) meets the applicable requirements for transport by road or ship that are set out in Title 49, subpart C of part 178 of the Code of Federal Regulations of the United States; or
• (c) meets the applicable requirements for transportable pressure equipment that are set out in Directive 2010/35/EU of the European Parliament and of the Council and has undergone a conformity assessment procedure in accordance with that Directive by a notified body designated by a member state of the European Union.

Water Supply Systems

125 The pipes, valves and fittings used with the equipment required by regulation 10.2

• (a) must be made of corrosion-resistant metal or galvanized steel; and
• (b) must not be readily rendered ineffective at an anticipated low ambient temperature or by heat from a fire.

Isolating Valves

126 (1) If the fire main is an integral part of a fixed deck foam fire-extinguishing system with monitors, the isolating valves required by regulation 10.2.1.4.1 must be fitted immediately forward of each monitor.

(2) In addition to the isolating valves required by regulation 10.2.1.4.1, valves must be fitted to sections of the fire main that

• (a) are subject to freezing;
• (b) could be damaged because of a fire or explosion; or
• (c) might not be required when any other part of the fire main is used.

(3) The valves required by subsection (2) must be

• (a) operable from positions that are readily accessible
• (b) protected from freezing, fire and explosions; and
• (c) clearly marked.

(4) Every valve fitted to fire piping must be designed to open with a counter-clockwise rotation of the valve’s handle.

(5) The requirements of regulation 10.2.1.4.4 apply in respect of combination carriers.

Number and Position of Hydrants

127 Despite regulation 10.2.1.5.1, on a cargo vessel of less than 500 gross tonnage or on a passenger vessel of less than 500 gross tonnage that is not a Safety Convention vessel, the number and position of hydrants must be such that one jet of water can reach any part of the vessel.

128 (1) In addition to being provided with the hydrants required by regulation 10.2.1.5.1,

• (a) a passenger vessel on a near coastal voyage, Class 1, or an unlimited voyage and a vessel of 500 gross tonnage or more must be provided, in each machinery space of category A, with one hydrant on the port side and one hydrant on the starboard side; and
• (b) any other vessel of less than 500 gross tonnage must be provided with one hydrant in each machinery space of category A.

(2) A fire hose and nozzle must be fitted on each hydrant required by subsection (1).

(3) If the size or configuration of a machinery space of category A would render a hydrant required by subsection (1) ineffective, the hydrant must be located near the main access to the space.

(4) In addition to being provided with the hydrants required by regulation 10.2.1.5.1, a cargo vessel of 2 000 gross tonnage or more must

• (a) be provided with a hydrant in the shaft tunnel, if any, adjacent to the engine room watertight door; and
• (b) meet the requirements of regulation 10.2.1.5.2.2.

129 Every fire hydrant must be installed so that

• (a) a fire hose can be easily connected to it;
• (b) it is limited to a position from the horizontal to the vertical pointing downward, so that the fire hose will lead horizontally or downward in order to minimize the possibility of kinking; and
• (c) there is sufficient clearance below it to accommodate the radius of bend of the fire hose under pressure and to allow deployment of the hose in every direction.

International Shore Connection

130 The international shore connection required by regulation 10.2.1.7 must be stored on the vessel so as to be readily accessible. A notice in English and French indicating the connection’s location and the maximum working pressure of the piping system must be posted on the vessel.

131 In addition to the requirements of regulation 10.2.2, the following requirements must be met in respect of a vessel’s fire pumps:

• (a) if the vessel is fitted with two or more power-driven fire pumps, a non-return valve must be fitted to the discharge line of each pump to prevent water from backing through the pump when it is not operating;
• (b) a power-driven fire pump must be self-priming and fitted with pressure gauges on their suction and discharge sides;
• (c) a manual fire pump must be operable without the need for manual priming and must be capable of delivering a jet of water of at least 12 m from the nozzle;
• (d) a fire pump’s sea connection must have arrangements to prevent blockage of the connection’s inlet by ice, slush and debris; and
• (e) a fire pump must not have an impeller that can be damaged by heat from the pump or by the pump running dry.

132 If a bilge pump is used as a fire pump as permitted by regulation 10.2.2.1, the bilge pumping system and the fire pumping system must be capable of simultaneous operation.

133 (1) One of the fire pumps required by regulation 10.2.2.2 may be manually operated if the vessel is not a Safety Convention vessel, is of less than 1 000 gross tonnage and, in the case of a passenger vessel, is engaged on a sheltered waters voyage or a near coastal voyage, Class 2. If one of the fire pumps is manually operated and is located outside the space where the other fire pump required by that regulation and its source of power are located, the manually operated fire pump may also be used as an emergency fire pump if one is required by regulation 10.2.2.3.1.2.

(2) A power-driven fire pump that is required by regulation 10.2.2.2.2 to be on a vessel of less than 1 000 gross tonnage, but that is not required to be independently driven, must not be powered by a main engine unless the engine can be operated independently of the propeller shafting.

(3) Despite regulation 10.2.2.2.2 and subsection (1), if a cargo vessel to which that subsection applies is engaged on a sheltered waters voyage or a near coastal voyage, Class 2,

• (a) only one independently driven fire pump is required in order to meet the requirements of that regulation, and it must be power-driven; and
• (b) regulation 10.2.2.3.1.2 does not apply.

134 (1) For the purposes of regulation 10.2.2.4.2,

• (a) “in any event be capable of delivering at least the two required jets of water” is to be read as “in normal operating conditions be capable of delivering at least the required jets of water”; and
• (b) “at least the two jets of water required in paragraph 2.1.5.1” is to be read as “at least the required jets of water”.

(2) The fire pumps on vessels of less than 500 gross tonnage, other than passenger vessels that are Safety Convention vessels, are not required to meet the minimum capacity requirement of 25 m 3 /h set out in regulation 10.2.2.4.2.

Fire Hoses and Nozzles

135 (1) In addition to the requirements of regulation 10.2.3.1.1, the fire hoses in a machinery space of category A or that serve a space that contains flammable materials must be connected to the fire hydrants at all times. If there is more than one fire hose in a machinery space of category A, one of the fire hoses in that space must also be connected to a portable foam applicator.

(2) In addition to the requirements of regulation 10.2.3.1.1, every fire hose must be

• (a) stowed in a space designed to permit the deployment of the hose without it becoming entangled; and
• (b) stored in a fire hose cabinet that protects the hose from the anticipated low ambient temperatures.

(3) The nozzles, couplings and fittings for the fire hoses on a tanker must be made of brass, bronze or other equivalent non-sparking material.

(4) For the purposes of regulation 10.2.3.2.1,

• (a) the design of the piping system must be taken into consideration in determining the number of fire hoses;
• (b) the minimum diameter of a fire hose must be 38 mm; and
• (c) every fire hose must have the same diameter, but hoses in machinery spaces and other interior locations may have a smaller diameter than hoses in other locations if the smaller diameter is for the purpose of convenient handling.

(5) For the purposes of regulation 10.2.3.3.3, if section 127 applies and the number and position of hydrants on the vessel is such that only one jet of water may reach any part of the vessel, “from two jets” is to be read as “from one jet”.

Portable Fire Extinguishers

136 (1) For the purposes of regulation 10.3.2.1, on a passenger vessel

• (i) two portable water fire extinguishers of at least 9 L capacity each or two portable fire extinguishers of equivalent fire-extinguishing capability, and
• (ii) two portable fire extinguishers of a type described in subparagraph (i) for each 15 m, or fraction of 15 m, in length of the zone;
• (b) each main vertical zone on or above the bulkhead deck must be provided, on each side of the vessel, with one portable fire extinguisher of a type described in subparagraph (a)(i); and
• (c) despite paragraph (b), if the vessel is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, each main vertical zone on or above the bulkhead deck must be provided with one portable fire extinguisher of a type described in subparagraph (a)(i).

(2) For the purposes of regulation 10.3.2.1, on a cargo vessel

• (ii) two portable fire extinguishers of a type described in subparagraph (i) for each 15 m, or fraction of 15 m, in length of the area; and
• (b) the area within the outside boundary of each accommodation space on or above the bulkhead deck must be provided with one portable fire extinguisher of a type described in subparagraph (a)(i) for each 15 m, or fraction of 15 m, in length of the area.

(3) For the purposes of regulation 10.3.2.1, in addition to the portable fire extinguishers required by subsections (1) and (2),

• (a) one portable water fire extinguisher of at least 9 L capacity or one portable fire extinguisher of equivalent fire-extinguishing capability must be provided next to the access to each storeroom for each 232 m 2 , or fraction of 232 m 2 , of surface area of the storeroom;
• (b) each galley and each pantry that contains cooking facilities must be provided with one portable dry-chemical fire extinguisher of at least 4.5 kg capacity or one portable fire extinguisher of equivalent fire-extinguishing capability for each 232 m 2 , or fraction of 232 m 2 , of surface area of the galley or pantry; and
• (c) each control station must be provided with one portable fire extinguisher of a type described in paragraph (b).

137 (1) Every portable fire extinguisher must be fitted with a clamp bracket that

• (a) is designed to withstand the roll, pitch and vibration of the vessel; and
• (b) holds the fire extinguisher securely in place but provides quick and positive release of the fire extinguisher for immediate use.

(2) Every wheeled-type portable fire extinguisher must be fitted with a metal clip arrangement that

138 Regulation 10.3.3 does not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Types of Fixed Fire-extinguishing Systems

139 If a machinery space on a vessel that is constructed of wood, glass-reinforced plastic or aluminum alloy is provided with a fixed gas fire-extinguishing system, the system must, despite regulation 10.4.1.1.1, have a sufficient quantity of gas to provide two independent charges of gas.

Fire-extinguishing Arrangements in Machinery Spaces

140 (1) Regulations 10.5.1.2.1, 10.5.2.2.1 and 10.5.3.2.1 do not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(2) The requirement in regulation 10.5.2.2.2 with respect to foam fire extinguishers of at least 45 L capacity each or equivalent does not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(3) Regulation 10.5.6 does not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Spaces Containing Flammable Liquids

141 For the purposes of regulation 10.6.3.2, the fire-extinguishing arrangements must include fixed gas fire-extinguishing systems, fixed foam fire-extinguishing systems and fixed pressure water-spraying fire-extinguishing systems that meet the applicable requirements of the FSS Code for the system.

Fixed Gas Fire-extinguishing Systems for General Cargo

142 For the purposes of regulation 10.7.1.2, “it is shown to the satisfaction of the Administration that a passenger ship is engaged on voyages of such short duration that it would be unreasonable to apply the requirements of paragraph 7.1.1” is to be read as “a passenger ship is engaged on voyages of not more than 48 hours’ duration during which the cargo holds are opened to discharge or receive cargo”.

Firefighters’ Outfits

143 (1) Regulations 10.10.2.1 and 10.10.2.2 do not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and, if the vessel is not a cargo vessel, is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

(2) Regulation 10.10.2.3 applies only in respect of tankers of 500 gross tonnage or more.

144 (1) In addition to the requirements of regulation 10, a passenger vessel on a near coastal voyage, Class 1, or an unlimited voyage must be provided with the greater of

• (a) three fire axes, and
• (b) one fire axe for each 15 m, or fraction of 15 m, in length of the vessel.

(2) In addition to the requirements of regulation 10, a passenger vessel on a sheltered waters voyage or a near coastal voyage, Class 2, must be provided with

• (a) if the vessel is of less than 500 gross tonnage but of 24 m or more in length, two fire axes; and
• (b) if the vessel is of 500 gross tonnage or more, one fire axe for each 15 m, or fraction of 15 m, in length of the vessel.

(3) In addition to the requirements of regulation 10, a cargo vessel must be provided with

• (a) if the vessel is of less than 500 gross tonnage but of 24 m or more in length, two fire axes; and
• (b) if the vessel is of 500 gross tonnage or more, three fire axes.

Regulation 12 of Chapter II-2 of SOLAS — Notification of Crew and Passengers

Public address systems.

145 (1) The public address system or other means of communication required by regulation 12.3 must be available on all cargo vessels and all passenger vessels throughout the spaces referred to in that regulation, the muster stations, the embarkation stations and the machinery spaces.

(2) Regulation 12.3 and subsection (1) do not apply before the first anniversary of the day on which this section comes into force.

Regulation 13 of Chapter II-2 of SOLAS — Means of Escape

Passenger vessels.

146 (1) The crew accommodation areas of every passenger vessel must meet the requirements of regulation 13.3.2.5.1.

(2) Each escape hatch must be painted orange and be operable from both sides of the hatch.

Cargo Vessels

147 (1) Every cargo vessel must meet the requirements of regulation 13.3.2.5.1, and the crew accommodation areas of the vessel must also meet those requirements.

(3) Every cargo vessel must meet the requirements of regulation 13.3.2.6.2.

(4) The means of escape required by regulation 13.3.3.1 must be separated from one another so as to minimize the possibility of their being blocked at the same time as a result of an incident.

(5) Each means of escape required by regulation 13.3.3.2 must give direct access to another means of escape on the deck above.

(6) On a cargo vessel of 500 gross tonnage or more, if one of the means of escape required by regulation 13.3.3.2 or 13.3.3.3 from a restricted space or group of spaces connects more than two decks, one of those means must, if feasible, be a readily accessible stairway enclosure that provides continuous fire shelter from the space or group of spaces to the closest lifeboat and life-raft embarkation deck. If the stairway enclosure that provides continuous fire shelter is not feasible, an escape route from the restricted space or group of spaces to the embarkation deck must be provided. The entire length of the escape route must be protected from the fire by “A” class divisions.

(7) Despite regulation 13.3.3.2, if installing a stairway or trunk is not feasible, a vertical ladder may be used as the second means of escape from crew spaces that are entered only occasionally.

(8) Despite regulation 13.3.3.3, if installing a stairway is not feasible, a vertical ladder may be used as one of the means of escape from crew spaces that are entered only occasionally.

Emergency Escape Breathing Devices

148 Regulation 13.4.3 does not apply in respect of a vessel that is not a Safety Convention vessel, is of less than 500 gross tonnage and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

Additional Requirements for Ro-Ro Passenger Vessels

149 Any words included in the symbols required by regulation 13.7.1.1 to mark the escape routes must be printed in English and French.

Instruction for Safe Escape

150 (1) All cargo vessels and all passenger vessels must display “mimic” plans in accordance with regulation 13.7.2.2 and must display those plans in every space occupied by the crew.

(2) Any words on the “mimic” plans must be printed in English and French.

Regulation 15 of Chapter II-2 of SOLAS — Instructions, On-board Training and Drills

Training manuals.

151 If a vessel is fitted with a fixed gas fire-extinguishing system, the instructions on firefighting activities and firefighting procedures required by regulation 15.2.3.4.2 must include instructions on the use of firefighters’ outfits, including breathing apparatus, and the protected space re-entry procedure recommended by the manufacturer of the system.

Fire Control Plans

152 The fire control plans and booklets required by regulation 15.2.4 must be

• (a) in the working language of the vessel; and
• (b) in English or French, or in both languages, according to the needs of the shoreside firefighting personnel.

Fire Drills

153 Despite section 102, regulations 15.2.1, 15.2.2 and 15.3.1 do not apply in respect of vessels to which the Fire and Boat Drills Regulations apply.

Regulation 17 of Chapter II-2 of SOLAS — Alternative Design and Arrangements

154 An engineering analysis submitted under regulation 17.3 must be written in English or French.

Regulation 18 of Chapter II-2 of SOLAS — Helicopter Facilities

Helicopter refuelling and hangar facilities.

155 The “NO SMOKING” signs required by regulation 18.7.10 must be in English and French as well as in the working language of the vessel.

Operations Manual

156 The operations manual required by regulation 18.8.1 must be in the working language of the vessel.

Regulation 20 of Chapter II-2 of SOLAS – Protection of Vehicle, Special Category and Ro-Ro Spaces

Structural protection.

157 The requirements of regulation 20.5 apply in respect of all passenger vessels.

Fire Extinction

158 (1) If a water curtain is part of a fixed fire-extinguishing system referred to in regulation 20.6.1, a strip that is 900 mm wide must be painted on the deck under the water curtain and be marked with the words “TO BE KEPT CLEAR OF VEHICLES AT ALL TIMES” and “ LAISSER CET ESPACE LIBRE DE VÉHICULES EN TOUT TEMPS ”.

(2) Each portable fire extinguisher required by regulation 20.6.2.1 must be a portable dry-chemical fire extinguisher of at least 4.5 kg capacity or a portable fire extinguisher of equivalent fire-extinguishing capability.

(3) In the case of a vessel that is not a Safety Convention vessel and that is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, the reference in regulation 20.6.2.2.1 to “three water-fog applicators” is to be read as a reference to “one water-fog applicator”.

Regulations 21, 22 and 23 of Chapter II-2 of SOLAS

159 Regulations 21, 22 and 23 do not apply in respect of a vessel that is not a Safety Convention vessel and is engaged on a sheltered waters voyage or a near coastal voyage, Class 2.

[ 160 to 199 reserved]

PART 2

Structural fire protection — alternatives for certain vessels.

200 The following definitions apply in this Part.

A-60 class fire rating means the thermal and integrity requirements specified for “A-60” class divisions. ( indice de résistance au feu de type A-60 )

“F” class divisions means divisions that are formed by bulkheads, decks, ceilings or linings and that meet the fire-test requirements for “F” class divisions set out in Annex 1 to the FTP Code. ( cloisonnements du type « F » )

201 (1) This Part applies in respect of Canadian vessels everywhere that are

• (b) cargo vessels of 24 m or more in length but of less than 500 gross tonnage.

(2) This Part does not apply in respect of

• (a) vessels that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation;
• (b) pleasure craft;
• (c) fishing vessels;
• (d) high-speed craft;
• (e) vessels that do not have mechanical means of propulsion;
• (f) wooden vessels of primitive build;
• (g) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; or
• (h) nuclear vessels.

202 Except as otherwise provided in this Part, a vessel’s authorized representative must ensure that the requirements of sections 205 to 234 are met in respect of the vessel.

203 (1) If a vessel that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9, its authorized representative may ensure that the requirements with respect to structural fire protection that would have been required under the Act to be met, on the day before that day, are met instead of the requirements of sections 205 to 234 of these Regulations.

(2) For the purposes of subsection (1), the reference to section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

204 (1) Section 203 does not apply in respect of

• (ii) substantially increase the vessel’s service life or the life of the vessel’s outfitting; or
• (b) parts of a vessel that, beginning on the day on which this section comes into force, are replaced.

(2) Section 203 does not apply if the vessel’s intended service changes in such a manner that any of the requirements with respect to structural fire protection that would have been required under the Act to be met are no longer met.

Decks and Bulkheads — Accommodation Spaces, Service Spaces and Control Stations

205 (1) On a vessel whose hull is constructed of non-combustible materials,

• (i) consist of “A-15” class divisions, if the vessel is a passenger vessel, or of “A-0” class divisions, if the vessel is a cargo vessel, or
• (ii) consist of “A-60” class divisions, if the machinery space is of category A and is not fitted with a fixed fire-extinguishing system; and
• (b) a deck or bulkhead that separates a control station from an accommodation space or service space must consist of “B-15” class divisions.

(2) On a vessel whose hull is constructed of non-combustible materials, if a deck or boundary bulkhead contains an emergency source of power or if a deck or bulkhead separates a galley, paint-room, lamp-room or storeroom that contains highly flammable materials from an accommodation space, service space or control station, the deck or bulkhead must consist of

• (a) “A-15” class divisions; or
• (b) “B-15” class divisions, in the case of a galley in which any ovens, hot water appliances or other appliances are heated only by electricity.

206 (1) On a vessel whose hull is constructed of combustible materials,

• (a) a deck or bulkhead that separates a machinery space from an accommodation space, service space or control station must consist of “F” class divisions or of “B-15” class divisions;
• (b) a deck or bulkhead that separates a control station from an accommodation space or service space must consist of “F” class divisions; and
• (c) the machinery space boundaries must, to the extent feasible, prevent the passage of smoke.

(2) On a vessel whose hull is constructed of combustible materials, if a deck or boundary bulkhead contains an emergency source of power or if a deck or bulkhead separates a galley, paint-room, lamp-room or storeroom that contains highly flammable materials from an accommodation space, service space or control station, the deck or bulkhead must consist of “F” class divisions or of “B-15” class divisions.

Bulkheads of Corridors

207 (1) On a vessel whose hull is constructed of non-combustible materials, the bulkhead of a corridor that serves an accommodation space, service space or control station must consist of “B-0” class divisions.

(2) On a vessel whose hull is constructed of combustible materials, the bulkhead of a corridor that serves an accommodation space, service space or control station must consist of “F” class divisions or of “B-0” class divisions.

(3) The bulkhead of a corridor that serves an accommodation space, service space or central control station must extend from deck to deck unless a continuous ceiling of the same class division as the bulkhead is fitted on both sides of the bulkhead, in which case the bulkhead may terminate at the continuous ceiling.

Substitution of Class Divisions

208 For the purposes of sections 205 to 207,

• (a) “A” class divisions may be used instead of “B-15” class divisions or “F” class divisions;
• (b) “A-15”, “A-30” or “A-60” class divisions may be used instead of “A-0” class divisions;
• (c) “A-30” or “A-60” class divisions may be used instead of “A-15” class divisions; and
• (d) “B-15” class divisions may be used instead of “B-0” class divisions.

Penetrations of Decks and Bulkheads

209 The fire integrity of the divisions required by sections 205 to 207 must not be impaired by the passage of electrical cables, pipes, trunks, ducts or other transit devices through the divisions.

Interior Stairways

210 (1) An interior stairway that serves an accommodation space, service space or control station must be constructed of steel or other equivalent material.

(2) On a vessel whose hull is constructed of non-combustible materials, an interior stairway that connects more than two decks must be within an enclosure constructed of “B-15” class divisions.

(3) On a vessel whose hull is constructed of combustible materials, an interior stairway that connects more than two decks must be within an enclosure constructed of “F” class divisions.

Lift Trunks

211 A lift trunk that passes through an accommodation space or service space must be constructed of steel or other equivalent material and must be provided with a means of closing that permits control of drafts and smoke.

Doors and Other Closures of Openings

212 (1) The following doors and other closures of openings must have fire-resistant properties equivalent to those of the class divisions of the structures in which they are fitted:

• (a) doors in an engine or boiler casing;
• (b) doors and other closures of openings in a deck or bulkhead referred to in sections 205 to 207; and
• (c) doors in an enclosure referred to in subsection 210(2) or (3).

(2) The doors to machinery spaces of category A must be self-closing and reasonably gastight.

(3) A door required by subsection (1) that is in an “A” class division must be reasonably gastight.

(4) Every door in an “A” class division must overlap the door frame, and allow for a gap, between the edges of the door and the top, bottom and sides of the door frame, that is the minimum needed to open and close the door.

(5) A grille or louvre must not be fitted in a door required by subsection (1) that is in an “A” class division.

(6) A hose port that is fitted in a door required by subsection (1) that is in an “A” class division must

• (a) be self-closing;
• (b) be constructed of material that has fire-resistance that is at least equivalent to the door in which it is fitted;
• (c) have a clear opening that has a width and length of 150 mm when the door is closed; and
• (d) be inset into the lower edge of the door, either on the side opposite the door hinges or, in the case of a sliding door, on the side nearest the opening.

(7) Every door required by subsection (1) that is in an “A” or “B” class division must be fitted with a thin metal identification plate that

Skylights and Other Windows

213 (1) If a skylight in a machinery space can be opened, the skylight must be capable of being closed from outside the space.

(2) Glass, acrylic or any other similar material must not be fitted in machinery space boundaries. However, wire-reinforced glass may be fitted in skylights and fire-rated glass may be fitted in windows in control rooms within machinery spaces.

(3) A skylight that is in a machinery space and contains wire-reinforced glass must be fitted with permanently attached external shutters of steel or other equivalent material.

214 Air spaces enclosed behind ceilings, panelling or linings in accommodation spaces, service spaces or control stations must be divided by close-fitting draft stops spaced not more than 7 m apart.

215 (1) Insulating materials must be non-combustible, except in a cargo space, mail room, baggage room, or refrigerated compartment of a service space. However, vapour barriers and adhesives used with insulating materials, as well as the insulating materials used for pipe fittings for cold service systems, need not be of non-combustible materials if the non-combustible materials are the minimum quantity feasible and their exposed surfaces have low flame spread characteristics.

(2) The exposed surface of insulating materials fitted on the internal boundaries of machinery spaces of category A must be impervious to oil and oil vapours.

216 If organic foam is used in a cargo space or a refrigerated compartment of a service space,

Stopping and Closing

217 (1) Means must be provided for closing the main inlets and outlets of every ventilation system from a position outside the space served by the system. The means of closing must

• (a) be readily accessible;
• (b) be prominently and permanently marked as being the main inlet or outlet to the space; and
• (c) indicate whether the inlets and outlets are open or closed.

(2) Power ventilation of accommodation spaces, service spaces, cargo spaces, control stations and machinery spaces must be capable of being stopped from a readily accessible position outside the space or station served. Access to this position must not be easily cut off in the event of a fire in the space served.

(3) Means of control must be provided for stopping ventilation fans. The means must

• (a) if they are provided for stopping the ventilation serving machinery spaces, be grouped so as to be operable from two positions, one of which is outside those spaces; and
• (b) if they are provided for stopping the ventilation of the machinery spaces, be entirely separate from the means provided for stopping the ventilation of other spaces.

(4) The means of control that are required by subsection (3) to be located outside the machinery spaces must be arranged so that a source of power to stop the fans and close the main openings is provided

• (a) from each individual motor control circuit; or
• (b) from a dedicated source of power feeding an individual motor, or a group of motors connected to a motor control centre for a particular space, without any shunt-trip arrangements.

(5) A stop circuit of the means of control referred to in subsection (4) that is activated manually must be manually reset.

(6) Means must be provided for closing, from a safe position, the annular spaces around funnels.

Ventilation Openings

218 (1) A ventilation opening must not be installed in or under a stairway enclosure door.

(2) Any ventilation opening in a door in a corridor bulkhead must be in the lower half of the door and must be fitted with a grille made of non-combustible material.

(3) The total net area of a ventilation opening in or under a door in a corridor bulkhead must not be more than 0.05 m 2 .

Ventilation Ducts

219 (1) A ventilation duct that serves a machinery space of category A or a galley must not pass through an accommodation space, service space or control station unless

• (i) 3 mm, if the width or diameter of the duct is not more than 300 mm,
• (ii) 5 mm, if the width or diameter of the duct is 760 mm or more, or
• (iii) the thickness obtained by linear interpolation between the thicknesses set out in subparagraphs (i) and (ii), if the width or diameter of the duct is more than 300 mm but less than 760 mm; and
• (i) is insulated to an A-60 class fire rating throughout the accommodation space, service space or control station, or
• (A) it is fitted, at each of the space’s or station’s divisions that is penetrated by the duct, with a fail-safe automatic-closing fire damper that can be operated from both sides of the division, and
• (B) it is insulated to an A-60 class fire rating from the machinery space or galley to a point at least 5 m beyond each fire damper.

(2) A ventilation duct that serves an accommodation space, service space or control station must not pass through a machinery space of category A or a galley unless

• (a) the ventilation duct meets the requirements of paragraph (1)(a); and
• (i) is insulated to an A-60 class fire rating throughout the machinery space or galley, or
• (B) it is insulated to an A-60 class fire rating from the accommodation space, service space or control station to a point at least 5 m beyond each fire damper.

Storerooms that Contain Highly Flammable Materials

220 (1) A storeroom that contains highly flammable materials must be provided with a ventilation system that is separate from the ventilation systems serving other spaces.

(2) The ventilation system must ventilate high and low levels of the storeroom. Every inlet or outlet of the system must be positioned in an area free from flammable gases.

(3) A wire mesh guard that is corrosion-resistant and arrests sparks must be fitted over the opening of the inlet or outlet.

Independent Ventilation Systems

221 A ventilation system that serves a machinery space, galley, stairway enclosure, cargo space or special category space must not serve another space and must be independent of every other ventilation system.

Non-combustible Materials — Trunks and Ducts

222 (1) The trunks and ducts of ventilation systems must be constructed of non-combustible materials.

(2) If a trunk or duct serves spaces on both sides of an “A” class division, fire dampers must be fitted so as to prevent the spread of fire and smoke between compartments. Manual fire dampers must be operable from both sides of the division.

(3) If a trunk or duct has a free cross-sectional area of more than 0.02 m 2 and passes through an “A” class division, the trunk or duct must be fitted with an automatic-closing fire damper.

(4) If a trunk or duct serves compartments situated on only one side of an “A” class division, the opening in the division must be lined with a steel sheet sleeve unless the trunk or duct passing through the division is of steel in the vicinity of the passage and unless the portion of the trunk or duct in that vicinity

• (a) has sleeves that are at least 3 mm thick and 900 mm long and is insulated with fire insulation that has at least the same fire integrity as the division, if the trunk or duct has a free cross-sectional area of more than 0.02 m 2 ; or
• (b) is fitted with automatic fire dampers that can be operated manually, if the trunk or duct has a free cross-sectional area of more than 0.085 m 2 .

(5) A sleeve referred to in paragraph (4)(a) that passes through a bulkhead must be of the same length on either side of the bulkhead.

(6) Paragraph (4)(b) does not apply if the trunk or duct passes through a space surrounded by “A” class divisions without serving that space and the trunk or duct has the same fire integrity as the divisions through which it passes.

Electric Radiators

223 (1) Every electric radiator must be fixed in position.

(2) An electric radiator must not be fitted with a heating element exposed to such an extent that clothing, curtains or other similar materials could be scorched or set on fire by heat from the element.

Exposed Surfaces

224 (1) The exposed surfaces within accommodation spaces, service spaces, control stations or corridor or stairway enclosures, and the concealed surfaces behind bulkheads, ceilings, panelling or linings in accommodation spaces, service spaces or control stations, must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code.

(2) The exposed surfaces of glass-reinforced plastic within accommodation spaces, service spaces, control stations, machinery spaces of category A or other machinery spaces of similar fire risk to machinery spaces of category A must

• (a) be coated with a final layer of fire retardant resin;
• (b) be coated with a fire retardant coating; or
• (c) be protected by non-combustible materials that meet the requirements for non-combustible materials set out in Annex 1 to the FTP Code.

(3) The paints, varnishes and other finishes used on any exposed interior surface must be a fire retardant coating.

Primary Deck Coverings

225 The primary deck coverings within accommodation spaces, service spaces or control stations must meet the flame spread, smoke, toxicity and non-ignitable requirements set out in Annex 1 to the FTP Code.

Plastic Piping

226 Plastic piping fitted on a vessel must meet the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code and must be subject of a Minister’s type approval indicating that it meets the requirements set out in the IMO Resolution A.753(18), entitled Guidelines for the Application of Plastic Pipes on Ships .

Piping Penetrating Decks and Bulkheads

227 The piping penetrating an “A” class division or “B” class division in an accommodation space, service space or control station must be able to withstand the temperature that the division is able to withstand.

Materials for Overboard Scuppers, Sanitary Discharges or Other Outlets

228 (1) On a vessel whose hull is constructed of combustible materials, materials that are readily rendered ineffective by heat must not be used for overboard scuppers, sanitary discharges or other outlets that are close to the waterline if failure of the materials in the event of fire would give rise to danger of flooding.

(2) On a vessel whose hull is constructed of non-combustible materials, materials that are used for overboard scuppers, sanitary discharges or other outlets that are close to the waterline must be at least as fire-resistant as the hull.

Remote Means To Stop Pumps

229 (1) Remote means must be provided to stop fuel oil transfer pumps, oil fuel unit pumps and other similar fuel pumps, and must be operable from outside the spaces served by those pumps. The main fire control station must be provided with a remote means to stop the pumps and with a visual indicator of whether the pumps are running.

(2) The remote means must be arranged so that a source of power to stop the pumps is provided

(3) A stop circuit of the remote means that is activated manually must be manually reset.

Highly Flammable Liquids or Liquefied Gases

230 (1) If highly flammable liquids or liquefied gases are in a space, the space

• (a) must be directly accessible from an open deck and must not be otherwise accessible; and
• (i) if the deck area of the space is 4 m 2 or more, a fixed gas fire-extinguishing system, fixed foam fire-extinguishing system or fixed pressure water-spraying fire-extinguishing system that meets the applicable requirements of the FSS Code for the system, and
• (A) an ABC-type dry-chemical fire extinguisher that has a capacity of at least 4.5 kg, or
• (B) a fire extinguisher that has a fire-extinguishing capability at least equivalent to the fire extinguisher referred to in clause (A).

(2) The pressure-adjusting devices and relief valves on cylinders that contain highly flammable liquids or liquefied gases must exhaust within the space where the cylinders are located. The space must be gastight if it adjoins another enclosed space.

231 (1) A space that is used to store highly flammable liquids or liquefied gases must

• (a) be kept clear of sources of heat; and
• (i) “NO NAKED LIGHTS” and “ PAS DE FLAMMES NUES ”, and
• (ii) “NO SMOKING” and “ DÉFENSE DE FUMER ”.

(2) Electrical wiring and fittings must not be installed within a space that is used to store highly flammable liquids or liquefied gases unless

• (a) the installation is necessary for service within the space;
• (b) the wiring and fittings are certified or type approved as being intrinsically safe by a product certification body that certifies electrical equipment for marine use or by a recognized organization; and
• (c) the temperature of the exposed surface of the wiring and fittings does not exceed the ignition temperature of the explosive atmosphere that may exist in the space.

Separate Storage Compartments for Compressed Gases

232 (1) Each type of compressed gas must be stored in a separate compartment from other types of compressed gas.

(2) A compartment that is used for the storage of compressed gas must not be used for the storage of any other combustible material or for the storage of any object that is not part of the gas distribution system.

Means of Escape

233 (1) In this section and section 234, means of escape does not include a lift.

(2) Stairways and ladders must be arranged to provide ready means of escape to the lifeboat and life-raft embarkation deck from accommodation spaces and from spaces in which the crew is normally employed, other than machinery spaces.

(3) Two means of escape that are separated as widely as possible must be provided from all accommodation levels. The means of escape may include normal means of access from each restricted space or group of spaces.

(4) Below the weather deck, the means of escape must be stairways. The most direct route to one of the stairways must be independent of any watertight doors.

(5) Above the weather deck, the means of escape must be stairways or doors, or a combination of stairways and doors, to an open deck.

(6) Despite subsections (4) and (5), if it is not feasible to install stairways or doors, one of the means of escape from below the weather deck and one of the means of escape from above the weather deck may be a porthole of at least 400 mm in diameter or a hatch of at least 560 mm x 560 mm that is protected, if necessary, against ice accretion.

(7) Despite subsections (4) and (5), if it is not feasible to install a stairway, a vertical ladder may be used as a second means of escape.

(8) The width, number and continuity of the means of escape must meet the applicable requirements of the FSS Code.

(9) A corridor, or part of a corridor, from which there is only one means of escape must not exceed 5 m in length.

234 (1) Every machinery space of category A must have two means of escape that are separated as widely as possible. If a means of escape is vertical, it must consist of a steel stairway or a steel ladder.

(2) If a cabin door leads directly into a machinery space of category A, the cabin must have a means of escape that is separate from the means of escape from the space.

[ 235 to 299 reserved]

PART 3

Vessels of less than 24 m in length.

300 (1) The following definitions apply in this Part.

30-minute fire rated insulation means

• (a) mineral wool with a density of at least 96 kg/m 3 and a thickness of at least 50 mm;
• (b) calcium-magnesium-silicate wool with a density of at least 64 kg/m 3 and a thickness of at least 50 mm; or
• (c) a material that is non-combustible, has a minimum melting point of 1150°C and, when installed on the fire risk side of a structure, maintains structural integrity at least as well as the material referred to in paragraph (a) or (b). ( isolant qui assure une protection contre l’incendie pendant 30 minutes )

“A-0” class divisions has the same meaning as in regulation 3.2 of Chapter II-2 of SOLAS. ( cloisonnements du type « A-0 » )

“A-15” class divisions has the same meaning as in regulation 3.2 of Chapter II-2 of SOLAS. ( cloisonnements du type « A-15 » )

accommodation spaces means the spaces that are used for public spaces, corridors, lavatories, cabins, offices, games or hobby rooms, or pantries that do not contain cooking appliances, and similar spaces. ( locaux d’habitation )

“B-15” class divisions has the same meaning as in regulation 3.4 of Chapter II-2 of SOLAS. ( cloisonnements du type « B-15 » )

“F” class divisions means divisions that are formed by bulkheads, decks, ceilings or linings and that meet the fire-test requirements for “F” class divisions set out in Annex 1 to the FTP Code. ( cloisonnements du type « F » )

length overall has the same meaning as in paragraph (a) of the definition length in section 1 of the Vessel Registration and Tonnage Regulations . ( longueur hors tout )

machinery spaces means spaces containing propulsion machinery, boilers, oil fuel units, internal combustion engines, generators and major electrical machinery, or ventilation and air conditioning machinery, and similar spaces, as well as trunks to such spaces. ( locaux de machines )

non-combustible , in respect of a material, means

• (a) that the material does not burn or give off inflammable vapours in sufficient quantity for self-ignition when heated to 750°C;
• (b) that a product certification body or a testing laboratory has certified that the material is non-combustible when tested in accordance with the standard CAN/ULC-S114, entitled Standard Method of Test for Determination of Non-Combustibility in Building Materials , published by the Standards Council of Canada; or
• (c) that the material meets the non-combustibility test requirements set out in Annex 1 to the FTP Code. ( incombustible )

passenger-carrying vessel means a vessel that is carrying one or more passengers. ( bâtiment transportant des passagers )

service spaces means the spaces that are used for galleys, pantries that contain cooking appliances, lockers, storerooms, or workshops other than those forming part of the machinery spaces, and similar spaces, as well as trunks to such spaces. ( locaux de service )

(2) For the purposes of this Part, a vessel is constructed on the day on which

• (a) its keel is laid;
• (b) in the case of a composite vessel, its lay-up is started;
• (c) in the case of a vessel converted to a passenger-carrying vessel, the conversion begins; or
• (d) in all other cases, its actual construction begins.

301 (1) This Part applies in respect of Canadian vessels everywhere that are not Safety Convention vessels and that are

• (a) vessels of more than 15 gross tonnage but of less than 24 m in length that are not passenger-carrying vessels;
• (b) passenger-carrying vessels of more than 15 gross tonnage but of less than 24 m in length that, if applicable, are carrying not more than 36 berthed passengers; or
• (c) passenger-carrying vessels of not more than 15 gross tonnage that are carrying more than 12 passengers.
• (a) vessels that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation;
• (g) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas;
• (h) nuclear vessels; or
• (i) vessels to which the Special-purpose Vessels Regulations apply.

302 A vessel’s authorized representative must ensure that the requirements of sections 305 to 347 are met in respect of the vessel.

303 (1) If a vessel that was constructed before the day on which this section comes into force held, at any time before that day, a certificate issued under the Vessel Certificates Regulations or under section 318 or 319 of the Canada Shipping Act , R.S.C. 1985, c. S-9, its authorized representative may ensure that the requirements that were required to be met for the issuance of the certificate are met instead of the requirements of sections 313 to 347 of these Regulations.

(2) For the purposes of subsection (1), the reference to section 318 or 319 of the Canada Shipping Act , R.S.C., 1985, c. S-9, includes any predecessor enactment relating to the same subject matter.

304 (1) Section 303 does not apply in respect of

• (b) systems and equipment that are related to the parts of a vessel described in paragraph (a);

(2) Section 303 does not apply if the vessel’s intended service changes in such a manner that any of the requirements that were required to be met for the issuance of the certificate are no longer met.

Prohibition — Wooden Passenger-carrying Vessels

305 A wooden passenger-carrying vessel must

• (a) carry not more than 100 passengers or not more than 12 berthed passengers; and
• (b) engage only on sheltered waters voyages and near coastal voyages, Class 2, limited.

Amount and Storage of Certain Flammable Liquids

306 Flammable liquids — other than those that are currently being used on a vessel, being carried as cargo or being used as fuel or lubricant in a vessel’s system — must

• (a) be kept to a minimum and in no case exceed 30 kg; and
• (b) be stored in a locker that meets the requirements of subsection 319(3).

Maintenance and Accessibility of Equipment and Systems

307 (1) The fire safety equipment and systems on a vessel must

• (a) be in good working order and ready to use; and
• (b) be maintained in accordance with the equipment manufacturer’s instructions or recommendations, if any.

(2) The fire safety equipment and systems that are required by this Part must be readily accessible for immediate use.

308 (1) A passenger-carrying vessel must have on board a fire control plan or booklet that is readily accessible to the vessel’s master and crew and that includes the following information:

• (a) the type of structural fire protection and its location;
• (b) the types of fire detection and firefighting equipment on board and their location;
• (c) the location of the exits and escape routes;
• (d) the details of the ventilation system, including the location of the fan controls and dampers;
• (e) the type of shut-off means that meets the requirements of paragraph 341(2)(b) and its location; and
• (f) the location of the fire control stations.

(2) The fire control plan or booklet must be

Portable Firefighting Equipment

Quantity, type and location.

309 (1) A vessel of a length overall set out in column 1 of the table to this subsection must carry the firefighting equipment set out in column 2.

Table of Equipment

(2) A vessel that is required to carry a portable fire extinguisher of a classification set out in column 1 of the table to this subsection may instead carry one that contains the extinguishing agent and is of the weight set out in column 2, 3 or 4.

Table of Equivalents

(3) The letters used in the classification of a fire extinguisher refer to the following classes of fires:

• (a) Class A fires are fires in combustible materials such as wood, cloth, paper, rubber and plastic;
• (b) Class B fires are fires in inflammable liquids, gases and greases;
• (c) Class C fires are fires that involve energized electrical equipment where the electrical non-conductivity of the extinguishing media is of importance;
• (d) Class K fires are fires in cooking appliances that involve combustible cooking media such as vegetable or animal oils or fats.

(4) Every portable fire extinguisher must contain an extinguishing agent that is capable of extinguishing any potential fires in the space for which the extinguisher is intended.

(5) A portable fire extinguisher may be rated for Class K fires instead of Class B fires if it is intended for use in an area with cooking appliances that involve combustible cooking media.

(6) One of the portable fire extinguishers that is required for a space must be stored near the entrance to the space.

(7) A portable fire extinguisher that contains a gas extinguishing agent must not be used in an accommodation space or stored in that space.

Certification or Approval of Portable Fire Extinguishers

310 (1) A portable fire extinguisher that is required by this Part to be carried on a vessel must

• (a) bear a mark indicating that it has been certified for marine use by a product certification body; or
• (b) be of a type that has been approved for marine use by the U.S. Coast Guard.

(2) Despite subsection (1), a portable fire extinguisher may be of a type approved by a recognized organization if it was carried on a vessel when the vessel was imported into Canada.

Additional Requirements for Portable Fire Extinguishers

311 (1) Every portable fire extinguisher must be kept fully charged, and must be replaced according to its manufacturer’s specifications, if applicable.

(2) A portable fire extinguisher that is required by this Part to be carried on a vessel must be mounted with a clamp bracket that holds the fire extinguisher securely in place but provides quick and positive release of the fire extinguisher for immediate use.

(3) If a portable fire extinguisher is intended to be carried and operated by hand, it must not weigh more than 23 kg.

(4) Every portable fire extinguisher must be stored where its operation will not be affected by icing or cold temperature.

(5) Every portable fire extinguisher must be marked with a number at least 13 mm high, and its storage location must be marked with a corresponding number at least 13 mm high. However, if only one type and size of portable fire extinguisher is carried, the numbering may be omitted.

Fire Buckets

312 Every fire bucket must have a capacity of 10 L or more, be made of metal with a round bottom and a hole in the centre, be painted red and be fitted with a line of sufficient length to enable the bucket to be filled from the surrounding body of water from any deck.

313 (1) Every accommodation space, wheelhouse, machinery space, or other space accessible to passengers or where the crew is normally employed, must have a primary exit and an emergency exit. However, an emergency exit is not required if the space is too small to have both a primary exit and an emergency exit.

(2) The primary exit and the emergency exit must

• (a) be unobstructed, be readily accessible and lead as directly as possible to an open deck;
• (b) subject to paragraph 315(1)(e), have a clear opening that has a width and length of at least 560 mm or that provides a means of exit that is equivalent;
• (c) be operable from both sides;
• (d) be capable of being retained in an open position while being used as part of an escape route; and
• (e) be so located that a single incident occurring inside or outside the space would be unlikely to prevent the use of the primary exit and the emergency exit at the same time.

(3) Despite paragraph (2)(e), the primary exit and the emergency exit from the wheelhouse must, if feasible, be located on opposite sides of the vessel.

(4) In each public space on a passenger-carrying vessel, the primary exit and the emergency exit must be identified by a photoluminescent or illuminated sign that contains a green pictogram and a white or lightly tinted graphical symbol and that has been certified by a product certification body as meeting the applicable specifications set out in standard ISO 3864-1, entitled Graphical symbols — Safety colours and safety signs — Part 1: Design principles for safety signs and safety markings , and standard ISO 7010, entitled Graphical symbols — Safety colours and safety signs — Registered safety signs , published by the International Organization for Standardization.

(5) If a sign required by subsection (4) is not visible from an area in the public space, a white, or lightly tinted, and green photoluminescent or illuminated sign with an arrow pointing the way to the exit to which the sign relates must be in a readily visible location in the space and must be certified by a product certification body as meeting the applicable specifications set out in the standards referred to in subsection (4).

Escape Routes

314 (1) This section applies to the escape routes from an accommodation space, service space, wheelhouse or machinery space, or from any other space accessible to passengers or where the crew is normally employed.

(2) Every stairway, corridor, door and ladder must be arranged to provide a ready means of escape to the muster and embarkation stations. Every door must be constructed to open outwards and be hinged on the forward side.

(3) If the location of an exit in a space is such that egress from the space would be difficult without an aid such as a handhold or ladder, an appropriate aid must be permanently fitted.

(4) Every handhold or ladder that permits access to or from a deck must, if feasible, extend sufficiently above the level of the deck to allow safe and rapid access.

(5) Every ladder or stairway from a space other than a machinery space must be constructed of non-combustible material or be coated with a fire retardant coating, and must be equipped with anti-skid rungs or stairs.

(6) Every ladder or stairway from a machinery space must be constructed of non-combustible material and be equipped with anti-skid rungs or stairs.

(7) An intumescent coating must not be used on a stairway or ladder.

(8) Every stairway of more than 1 m in height must be equipped with handrails or handholds on both sides and must maintain a clear width of 760 mm.

(9) On a vessel that is not a passenger-carrying vessel, every portable ladder must be

• (a) stowed in a readily accessible and clearly identified location that is as close as feasible to where it is meant to be used; and
• (b) designed so that it can be securely fixed in place without the use of tools.

(10) On a passenger-carrying vessel,

• (i) in areas occupied only by crew members, and
• (ii) in areas where it is not feasible to install a stairway; and
• (b) portable ladders must not be provided except in areas occupied only by crew members.

Arrangement of Stairways and Inclined Ladders on Passenger-carrying Vessels

315 (1) On a passenger-carrying vessel, the stairways and inclined ladders must be arranged so that

• (a) the sum of the riser height and tread depth on each stair is not less than 430 mm and not more than 460 mm;
• (b) except in the case of exterior stairways and inclined ladders without risers, a stair that has a tread depth of less than 260  mm must have a nosing of not less than 25 mm or other means of increasing the depth of the tread;
• (c) handrails are fitted on both sides of every flight of stairs, and have a height measured vertically above the tread of not less than 840 mm and not more than 910 mm;
• (d) at the top and bottom of every flight of stairs there is a clear landing with a surface area that is at least equal to the square of the actual tread width of the adjacent stair or, if that is not feasible, the largest surface area that is feasible;
• (e) the clear width of every door opening to a stairway or inclined ladder is at least equal to the width of the stair closest to the opening;
• (f) every stairway or inclined ladder has a minimum width of 760 mm or, if the stairway or inclined ladder is intended for use by more than 60 persons, of 760 mm plus 10 mm for each person in addition to the first 60; and
• (i) 45° or, in the case of a stairway or inclined ladder intended only for the use of the crew, 55°, or
• (ii) the minimum angle that is feasible, if the maximum angle required by subparagraph (i) is not feasible.

(2) For the purposes of paragraphs (1)(e) and (f), if the distance between handrails is less than the width of the treads, the width of the stair and the width of the stairway or inclined ladder must be measured between the handrails.

Structural Fire Protection

Insulation, fire retardant coatings and fire retardant resins.

316 (1) The exposed surface of insulating materials fitted on the internal boundaries of machinery spaces must be impervious to oil and oil vapours.

(2) All thermal insulation and acoustic insulation, including pipe and ventilation lagging, must be non-combustible.

(3) Polyurethane foam or other organic foam insulation must not be used unless it is

• (a) used to insulate a cargo space or a cold room or similar galley service space, sealed with a fire retardant coating of the intumescent type and covered with a steel-sheet protective facing; or
• (b) used as a flotation material that is installed in a dedicated and enclosed space and protected from fire risks.

317 (1) This section applies in respect of the insulation, fire retardant coating and fire retardant resin required by this Part.

(2) The insulation, fire retardant coating or fire retardant resin used on a deck or bulkhead must

• (a) cover the entire surface of the deck or bulkhead;
• (b) be carried past the penetration, intersection or terminal point of the deck or bulkhead for a distance of at least 380 mm;
• (c) be installed on the side on which the fire risk is higher, unless it is not possible to do so; and
• (d) if the insulation, coating or resin is vulnerable to damage, be protected to prevent any loss of its fire-resistant properties.

(3) The insulation installed on a deck or bulkhead must be held in place by closely spaced studs and clips or by another method that will

• (a) hold the insulation in place for at least 60 minutes when it is exposed to fire; and
• (b) hold the insulation in place despite the vibration and motion of the vessel and the normal wear.

(4) If insulation is installed on the stiffener side of a deck or bulkhead, at least 50% of the thickness of the insulation must be installed on top of the stiffener.

(5) Fire retardant coating and fire retardant resin must be applied, and the surfaces to which they are to be applied must be prepared, in accordance with the specifications of its manufacturer.

Cooking and Heating Appliances

318 (1) On a passenger-carrying vessel, the boundaries of a galley that contains cooking appliances must consist of “F” class divisions or “B-15” class divisions, or be insulated with 30-minute fire rated insulation, if

• (a) the vessel has sleeping accommodations; or
• (b) meals are cooked in the galley with an appliance, other than a microwave, that has a heating surface that can exceed 120°C.

(2) Every cooking or heating appliance must be installed in accordance with the appliance manufacturer’s recommendations, if any, with regard to clearances and with regard to materials, including insulation, installed in way of the appliance. If the space does not allow the minimum clearance, if any, recommended by the manufacturer,

• (a) 30-minute fire rated insulation must be installed to the surfaces in way of the appliance;
• (b) all surfaces around the appliance must be non-combustible; and
• (c) the appliance must be installed so that the temperature of every surface adjacent to the appliance will not, when the appliance is operated, exceed 90°C or, if the surface is readily accessible, 60°C.

(3) If life saving equipment, a muster station or an embarkation station is located on the deck above a space that contains a cooking or heating appliance, or on the other side of a bulkhead delimiting that space,

• (a) in the case of a steel or aluminum vessel, the deck or bulkhead must consist of “A-15” class divisions in way of the life saving equipment, muster station or embarkation station; and
• (b) in the case of a wooden or composite vessel, the deck or bulkhead must be insulated with 30-minute fire rated insulation in way of the life saving equipment, muster station or embarkation station.

Wheelhouses, Machinery Spaces and Lockers for Flammable or Combustible Materials

319 (1) Subject to subsection 320(1), the decks and bulkheads separating a wheelhouse from any other space must

• (a) consist of “F” class divisions or “B-15” class divisions;
• (b) be insulated with 30-minute fire rated insulation; or
• (c) be coated with a fire retardant coating of the intumescent type.

(2) Machinery space boundaries must, to the extent feasible, prevent the passage of smoke.

(3) Every locker for storing flammable or combustible liquids

• (a) must be of a construction that retards the propagation of flame on the inside of the locker by means of 30-minute fire rated insulation or fire retardant coating of the intumescent type;
• (b) must not permit the escape of gas within an enclosed space; and
• (c) must be vented outside independently of the ventilation from any other space.

Vessels Carrying More than 100 Passengers or More than 12 Berthed Passengers

320 (1) On a vessel carrying more than 100 passengers or more than 12 berthed passengers, every deck that separates an accommodation space, service space or wheelhouse from an accommodation space, service space or wheelhouse, and every deck or bulkhead in way of life saving equipment, a muster station or an embarkation station, must

• (a) in the case of a steel or aluminum vessel, consist of “A-15” class divisions; and
• (b) in the case of a composite vessel, be insulated with 30-minute fire rated insulation.

(2) On a vessel carrying more than 12 berthed passengers,

• (a) the vessel must be divided into fire zones that include berths for a maximum of 12 persons;
• (b) the decks delimiting the fire zones must consist of “A-15” class divisions or be insulated with 30-minute fire rated insulation; and
• (c) the bulkheads delimiting the fire zones must consist of “F” class divisions or “B-15” class divisions.

Wooden or Composite Vessels

Machinery spaces.

321 On a wooden or composite vessel, the exposed surfaces within a machinery space, including supporting structures and engine seats, must be coated with a final layer of fire retardant coating or fire retardant resin.

322 (1) On a wooden or composite vessel, every deck or bulkhead that separates a machinery space from an accommodation space, galley, wheelhouse, space containing a fixed gas fire-extinguishing system, or compartment to store gas containers must consist of “F” class divisions or “B-15” class divisions, or be insulated with 30-minute fire rated insulation.

(2) On a vessel that is not more than 15 m in length overall, any area of a deck or bulkhead in which the available space or physical configuration makes it impossible to meet the requirements of subsection (1) may instead be coated with fire retardant coating of the intumescent type or with fire retardant resin.

Composite Passenger-carrying Vessels — Laminate for the Hull, Decks and Superstructures

323 On a composite passenger-carrying vessel carrying more than 100 passengers or more than 12 berthed passengers or that engages on voyages that are not sheltered waters voyages or near coastal voyages, Class 2, limited,

• (a) the laminate for the hull, decks and superstructures must not be a sandwich construction; and
• (i) as having a flame spread rating of 25 or less when tested in accordance with the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials , or
• (ii) as meeting the requirements of Military Specification Resins, Polyester Low Pressure Laminating Fire-Retardant , MIL-R-21607, published by the Naval Sea Systems Command, United States Department of the Navy.

Steel or Aluminum Vessels

324 (1) On a steel or aluminum vessel, every deck or bulkhead that separates a machinery space from an accommodation space, galley, wheelhouse, space containing fixed gas fire-extinguishing equipment, or compartment to store gas containers must

• (a) if the vessel is a passenger-carrying vessel, consist of “A-15” class divisions or be insulated with 30-minute fire rated insulation; and
• (b) if the vessel is not a passenger-carrying vessel, consist of “A-0” class divisions.

(2) On a vessel that is not more than 15 m in length overall, any area of a deck or bulkhead in which the available space or physical configuration makes it impossible to meet the requirements of subsection (1) may instead be coated with fire retardant coating of the intumescent type.

Openings in Boundaries, Decks, Bulkheads and Lockers

325 (1) The fire integrity of the boundaries, decks, bulkheads and lockers referred to in sections 318 to 320, 322 and 324 must not be impaired by the passage of electrical cables, pipes, trunks, ducts or other transit devices through the divisions.

(2) The doors and other closures of openings in the boundaries, decks, bulkheads and lockers referred to in sections 318 to 320, 322 and 324 must have fire-resistant properties equivalent to those of the class divisions of the structures in which they are fitted.

Interior Finish and Furniture

326 (1) Subject to section 327, the exposed surfaces within an accommodation space, service space or wheelhouse must

• (i) a product certification body, testing laboratory or recognized organization has certified as having a flame spread rating or index of 25 or less and a smoke developed classification or index of 100 or less when tested in accordance with the standard CAN/ULC-S102, entitled Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies , published by the Standards Council of Canada, or the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials , or
• (ii) meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code; or
• (b) be coated with fire retardant coating or fire retardant resin.

(2) Paint, varnish or similar preparation that contains a nitro-cellulose base must not be applied, and a fabric that contains nitro-cellulose must not be fitted, to any interior surface of the vessel or any furniture.

327 (1) The primary deck coverings within an accommodation space, service space or wheelhouse must

• (i) having a radiant panel index that does not exceed 20 when tested in accordance with the standard ASTM E162, entitled Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source , and having a specific optical smoke density of 450 or less when tested in flaming mode in accordance with the standard ASTM E662, entitled Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials , or
• (ii) having a critical radiant flux of at least 0.45 W/cm 2 when tested in accordance with the standard ASTM E648, entitled Standard Test Method for Critical Radiant Flux of Floor-Covering Systems Using a Radiant Heat Energy Source , and having a specific optical smoke density of 450 or less when tested in flaming mode in accordance with the standard ASMT E662, entitled Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials ; or
• (b) meet the flame spread, smoke, toxicity and non-ignitable requirements set out in Annex 1 to the FTP Code.

(2) The surface finish material, other than soft floor coverings, within an accommodation space, service space or wheelhouse must

• (i) having a radiant panel index that does not exceed 20 when tested in accordance with the standard ASTM E162, entitled Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source , and having a specific optical smoke density of 450 or less when tested in flaming mode in accordance with the standard ASTM E662, entitled Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials , or
• (ii) having a critical radiant flux of at least 0.45 W/cm 2 when tested in accordance with the standard ASTM E648, entitled Standard Test Method for Critical Radiant Flux of Floor-Covering Systems Using a Radiant Heat Energy Source , and having a specific optical smoke density of 450 or less when tested in flaming mode in accordance with the standard ASTM E662, entitled Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials ; or
• (b) meet the flame spread, smoke, and toxicity requirements set out in Annex 1 to the FTP Code.

(3) Soft floor coverings within an accommodation space, service space or wheelhouse must

• (i) having a flame spread rating or index of 300 or less and a smoke developed classification or index of 300 or less, in the case of wool, or a flame spread rating or index of 300 or less and a smoke developed classification or index of 500 or less in the case of nylon or a nylon/wool blend, when tested in accordance with the standard CAN/ULC-S102.2, entitled Standard Method of Test for Surface Burning Characteristics of Flooring, Floor Coverings, and Miscellaneous Materials and Assemblies , published by the Standards Council of Canada, or
• (ii) having a critical radiant flux of at least 0.45 W/cm 2 when tested in accordance with the standard ASTM E648, entitled Standard Test Method for Critical Radiant Flux of Floor-Covering Systems Using a Radiant Heat Energy Source , and having a specific optical smoke density of 450 or less when tested in flaming mode in accordance with the standard ASTM E662, entitled Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials ; or
• (b) meet the flame spread, smoke, and toxicity requirements set out in Annex 1 to the FTP Code.

328 (1) Curtains or other suspended textiles must not be installed within 600 mm of any cooking appliance, any heating or fuel-burning appliance or any similar appliance.

(2) On a vessel carrying more than 100 passengers or more than 12 berthed passengers,

• (i) certified by a product certification body, testing laboratory or recognized organization as being fire-resistant when tested in accordance with the standard CAN/ULC-S137, entitled Standard Method of Test for Fire Growth of Mattresses (Open Flame Test) , published by the Standards Council of Canada, or the IMO Resolution A.652(16), entitled Recommendation on Fire Test Procedures For Upholstered Furniture , or
• (ii) covered with a flame-resistant fabric; and
• (b) all permanently installed textiles, such as curtains, canvas and decorative accessories, must be made of flame-resistant fabric.

(3) In subsection (2), flame resistant fabric means a fabric that a product certification body or testing laboratory has certified as meeting the requirements of the standard CAN/ULC-S109, entitled Flame Tests of Flame-Resistant Fabrics and Films , published by the Standards Council of Canada, or the standard NFPA 701, entitled Standard Methods of Fire Tests for Flame Propagation of Textiles and Films .

Ventilation Systems — Passenger-carrying Vessels

329 (1) This section applies in respect of passenger-carrying vessels.

(2) A ventilation duct that serves an accommodation space, service space or wheelhouse must not pass through a machinery space unless the duct is gastight, made of steel or aluminum alloy and insulated with 30-minute fire rated insulation.

(3) Every exhaust ventilation duct from a galley range hood must have a grease trap and be made of steel.

(4) Means must be provided for closing the main inlets and outlets of every ventilation system from a position outside the space served by the system. The means of closing must

(5) Means of control must be provided for stopping the ventilation fans that serve an accommodation space, service space, cargo space, control station or machinery space. The means must be in a readily accessible position outside the space or the station but, in the case of a ventilation fan serving a machinery space, must be located as required by subsection 341(2).

(6) A ventilation duct that serves a machinery space or galley must not pass through an accommodation space, service space or wheelhouse unless the duct is gastight, made of steel or aluminum alloy and insulated with 30-minute fire rated insulation.

(7) On a composite vessel, if a ventilation duct that serves a machinery space is an integral part of the structure, the internal surfaces of the duct must be coated with a fire retardant coating of the intumescent type or be insulated with 30-minute fire rated insulation.

Fuel Tanks — Passenger-carrying Vessels

330 (1) This section applies in respect of passenger-carrying vessels.

(2) A fuel tank must

• (a) if feasible, be located outside the machinery spaces; and
• (b) be made of steel or of another material of equivalent structural properties.

(3) If a fuel tank that is not made of steel is located in or adjacent to a machinery space, or is located in or adjacent to a space containing flammable material, the exposed surfaces of the tank must be insulated with 30-minute fire rated insulation.

(4) On a composite vessel, a composite fuel tank that is an integral part of the hull must be coated with a final layer of fire retardant resin. The exposed surfaces of the tank must be insulated with 30-minute fire rated insulation.

Fire Detection, Alarms and Communications

Automatic fire detection and alarm systems.

331 (1) An automatic fire detection and alarm system must be installed in order to detect the presence and location of a fire in an accommodation space, machinery space and service space.

(2) The system must indicate the presence of the fire by an audio signal given at one or more points on the vessel so as to come rapidly to the notice of the vessel’s master and crew. In an occupied machinery space with high ambient noise level, the system must also indicate the presence of the fire by flashing red lights or beacons of sufficient intensity and number to alert the occupants of the space.

(3) The system must be designed so that

• (a) power supplies and electric circuits necessary for the operation of the system are monitored for losses of power and fault conditions;
• (b) a loss of power or a fault condition initiates a visual and audible fault signal at the control panel that is distinct from a fire signal;
• (c) there are at least two sources of power supply for the system, one of which is an emergency source;
• (d) visual and audible alarm signals at the control panel indicate when the normal supply has failed and the system is operating on the emergency source of power;
• (e) the power supply for the system is provided by separate feeders reserved solely for that purpose;
• (f) the smoke and heat detectors for the system are grouped into sections and the activation of any detector initiates a visual and audible fire signal at the control panel;
• (g) if the vessel has a public address system, the audio signal to indicate the presence of a fire is automatically interrupted during communication from the system; and
• (h) the control panel is located at the main control position.

(4) The system must be installed so that

• (a) there is at least one smoke detector in each cabin, corridor, escape route or stairway, and in each service space not containing cooking appliances;
• (b) there is at least one heat detector in each public room or machinery space, and in each service space containing cooking appliances;
• (c) the smoke detectors and heat detectors are located for optimum performance, and the surface coverage of each detector does not exceed its manufacturer’s specifications; and
• (d) the wiring that forms part of the system does not enter any galley or machinery space, or any other enclosed space of high fire risk, except to the extent that the wiring is necessary to provide for fire detection or alarm in the space or to connect to the appropriate power supply in the space.

(5) The smoke and heat detectors must be certified by a product certification body or be of a type approved by a recognized organization.

(6) The heat detectors must be

• (a) dual-action rate-of-rise and fixed-temperature; and
• (b) set at a temperature appropriate for the protected space but in no case more than 78°C.

Public Address System

332 (1) A public address system must be installed on a vessel whose layout restricts the use of direct oral communication from the control station or wheelhouse to any accommodation space, service space, machinery space, open deck or muster or embarkation station.

(2) The public address system must provide effective means of communication throughout the accommodation spaces, service spaces, open decks and muster and embarkation stations.

(3) The public address system must be designed and installed so that

• (a) the controls are located in the wheelhouse or at the main fire control station;
• (b) the wiring that forms part of the system does not enter any galley or machinery space, or any other enclosed space of high fire risk, except to the extent that the wiring is necessary to provide for fire detection or alarm in the space or to connect to the appropriate power supply in the space;
• (c) a means is provided at the public address system station to interrupt all other audio systems; and
• (d) the overall performance of the system is not affected by the failure of a single call station.

Water Firefighting Systems

333 Every vessel must be fitted with a water firefighting system that meets the requirements of sections 334 to 338.

334 (1) A vessel of a length overall set out in column 1 of the table to this subsection must be fitted with the number and type of fixed fire pumps set out in column 2 that have the water capacity set out in column 3 and the fire main diameter set out in column 4.

(2) If a bilge, sanitary or general service pump is used as a fire pump, a non-return valve or swing check valve must be fitted between the sea connection and the bilge suction to positively prevent the discharge of water into the bilge compartments. The bilge pumping system and the fire pumping system must be capable of simultaneous operation.

(3) A power-driven fire pump must not be powered by a main engine unless the engine can be operated independently of the propeller shafting.

(4) Relief valves must be provided for every fire pump that is capable of developing a pressure exceeding the design pressure of the fire piping, the fire hydrants or the fire hoses. The valves must be placed and adjusted to prevent excessive pressure in any part of the firefighting system.

(5) If one fire pump is required, it must be located outside the machinery space and be provided with a sea connection outside the space. If the pump is power-driven, it must be provided with a source of power outside the space.

(6) If two fire pumps are required, they must be located in separate compartments and be provided with sea connections independent of one another. If both of those pumps are power-driven, they must be provided with sources of power independent of one another.

(7) On a vessel fitted with two or more fire pumps connected to a common piping system, a non-return valve must be fitted to the discharge line of each pump to prevent water from backing through the pump when it is not operating.

(8) Every fire pump must

• (a) be self-priming; and
• (b) be capable of delivering a jet of water of at least 12 m from the nozzle.

(9) Every fire pump must, unless it is on the open deck, be made of non-combustible materials.

(10) Every fire pump impeller must be of a type that will not be damaged by heat from the pump or by the pump running dry.

(11) Every sea connection of a fire pump must have arrangements to prevent blockage of the connection’s inlet by ice, slush or debris.

Fire Piping and Fire Hydrants

335 (1) The number and position of fire hydrants on a vessel must be such that, when they are fitted with hoses of not more than 18 m in length, the jet of water required by paragraph 334(8)(b) can reach any part of the vessel.

(2) Every fire hydrant must be equipped with a hose and with a dual-purpose nozzle that

• (a) has an internal diameter of at least 12 mm;
• (b) is capable of spray action and jet action; and
• (c) has a means to shut it off.

(3) The branch fire piping and fire hydrants on a vessel must be of a standard size and have a diameter that is not less than the minimum diameter required by subsection 334(1) for fire mains on the vessel.

(4) On a vessel that carries deck cargo, the fire piping and fire hydrants must be arranged to avoid risk of damage by deck cargo.

(5) The maximum pressure at a fire hydrant must not exceed the pressure at which a fire hose can be effectively controlled by one crew member.

(6) Every fire hydrant must be installed so that

(7) The fire piping must be installed with a gradient that allows drainage under all normal operating conditions. Drain valves must be provided where necessary for effective drainage.

(8) The fire piping and fire hydrants must be installed so as to avoid the possibility of freezing.

336 (1) The fire piping and the valves and fittings of the water firefighting system must be made of galvanized steel or another material of equivalent mechanical strength and equivalent corrosion and fire-resistance.

(2) The joints in the fire piping must be connected in a manner that prevents leakage and must meet the pressure requirements of the fire piping system. Flanged or screwed connections, or other connections that are at least as reliable as flanged or screwed connections, must be used.

337 (1) Every fire hydrant must be fitted with a valve so that any fire hose attached to the hydrant can be detached while the fire pumps are in operation.

(2) Every valve fitted to fire piping must be designed to open with a counter-clockwise rotation of the valve’s handle.

(3) The tools and accessories that are necessary to use a fire hydrant or fire hose must be located in close proximity to the hydrant or hose.

338 (1) A flexible hose must not be used as part of the fire piping unless the hose

• (a) is necessary to reduce the effect of vibration;
• (b) has a length that is not more than six times the diameter of the rigid pipe to which it is attached;
• (c) is clearly visible at all times;
• (d) is oil-resistant;
• (i) the requirements of standard SAE J1942, entitled Hose and Hose Assemblies for Marine Applications , for type VW, or
• (ii) the requirements of another standard that are equivalent to the requirements referred to in subparagraph (i);
• (f) can withstand collapsing due to suction; and
• (i) a swaged sleeve,
• (ii) a sleeve and threaded insert, or
• (iii) two metallic hose clamps of a type that is not dependent on spring tension for compressive force and that has a nominal bandwidth of at least 12 mm.

(2) A metallic hose clamp may be used only with a flexible hose that is designed for clamps. The hose clamp must be

• (a) fastened over the flexible hose and over the hose fitting, the spud or the rigid pipe; and
• (b) installed at least 12 mm from the end of the flexible hose.

Fixed Gas Fire-extinguishing Systems

339 (1) Subject to subsection (6), every machinery space must be served by

• (a) a fixed gas fire-extinguishing system; or
• (b) a fixed aerosol fire-extinguishing system.

(2) The fixed fire-extinguishing system must

• (a) be an engineered system certified for marine use by a product certification body or be of a type approved by a recognized organization, and be installed and maintained by the manufacturer, or a person authorized by the manufacturer, in accordance with the certification or type approval; or
• (b) be a pre-engineered system certified for marine use by a product certification body or be of a type approved by a recognized organization, and be installed and maintained in accordance with its design limitations and the manufacturer’s instructions.

(3) Subsection (2) does not apply in respect of the design of pressure containers for a fixed fire-extinguishing system. Every pressure container for a fixed fire-extinguishing system must bear a mark indicating that it

• (b) meets the applicable requirements for transport by road or ship that are set out in Title 49, subpart C of part 178 of the Code of Federal Regulations of the United States; or

(4) When a fixed fire-extinguishing system is activated, a complete charge must be released simultaneously.

(5) On a wooden or composite vessel,

• (a) a fixed gas or aerosol fire-extinguishing system must have two independent complete charges of gas or aerosol. The quantity of gas or aerosol for each charge must meet the requirements of subsection 345(2), 346(2) or 347(2), as the case may be, respecting the quantity of gas or aerosol for the system; and
• (b) a fixed aerosol fire-extinguishing system must be certified by a product certification body or be of a type approved by a recognized organization for deep-seated fires in Class A materials.

(6) A machinery space is not required to be served by a fixed fire-extinguishing system if

• (i) does not weigh more than 23 kg, and
• (ii) meets the requirements of subsections 345(2) and (3) or subsections 346(2) and (5), as the case may be;
• (i) labelled to clearly indicate its firefighting purpose and how to use it,
• (ii) capable of accommodating the discharge nozzle of the extinguisher, and
• (iii) arranged so that the extinguisher may be discharged in accordance with the manufacturer’s instructions; and
• (c) the additional portable gas fire extinguisher is located outside the space and close to the port.

(7) The following definitions apply in this section.

engineered system means, in respect of a fixed fire-extinguishing system, a system that requires calculations and a design that are specific to the vessel in which it is fitted and whose purpose is to determine the flow rates, nozzle pressures, pipe size, area or volume protected by each nozzle, the quantity of extinguishing agent and the number and types of nozzles and their placement. ( système sur mesure )

pre-engineered system means, in respect of a fixed fire-extinguishing system, a system that

• (a) does not require calculations, or a design, that are specific to the vessel in which it is fitted; and
• (b) is specifically limited as to the type of space it can protect and the size of that space. ( système précalculé )

340 (1) The piping, valves and fittings of a fixed fire-extinguishing system must be made of galvanized steel or another material of equivalent corrosion and fire-resistance, and must be securely connected to one another and securely supported.

(2) The components of the fixed fire-extinguishing system must be resistant to or protected from mechanical, chemical or other damage that could render them inoperative.

(3) The relief valves of the fixed fire-extinguishing system must be safely vented.

Controls and Alarms

341 (1) Every fixed gas fire-extinguishing system that serves a machinery space must have a means of control that

• (a) can be operated manually from a position that is outside the space and that is not likely to be cut off by a fire in the space;
• (b) requires at least two steps to activate the system; and
• (c) is readily accessible and simple to operate.

(2) Means must be provided in the wheelhouse, or in a location readily accessible from the position where the means of control is located, to

• (a) stop the ventilation fans that serve the machinery space; and
• (b) shut off the source of power or fuel for any machinery or equipment in the machinery space that could contribute to sustaining a fire or create any other unsafe condition in the case of fire.

(3) If the machinery space has a gross volume of more than 57 m 3 or is normally occupied, the fixed fire-extinguishing system must not have an automatic means to release the extinguishing agent.

(4) Unless the machinery space is too small for a crew member to enter it, the fixed fire-extinguishing system must have an alarm to warn of any impending release of the extinguishing agent. The alarm must

• (a) be separate from any other alarm;
• (b) have a sound that is distinct from the sound of any other signal or alarm in the space;
• (c) have a sound level of more than 85 dB;
• (d) if the space has an ambient noise level that exceeds the sound level of the alarm, have flashing red lights or beacons of sufficient intensity and number to alert the occupants of the space; and
• (e) be set off automatically when the system is activated, and stay on for at least 20 seconds, or any longer period that is necessary to allow the occupants of the space to escape, before the agent is released.

(5) If the fixed fire-extinguishing system has an automatic means to release the extinguishing agent,

• (a) means must be provided in the wheelhouse to warn the occupants of the impending release of the extinguishing agent; and
• (b) the means required by subsection (2) must be automatic.

Escape of Extinguishing Agent

342 (1) Every machinery space must be capable of keeping the quantity of the extinguishing agent required by subsection 345(2), 346(2) or 347(2), as the case may be, within the space for at least 15 minutes.

(2) The openings that can admit air to, or allow the extinguishing agent to escape from, a machinery space must be capable of being closed from outside the space. The means of closing must meet the requirements of subsection 329(4).

(3) The openings that are used to vent a machinery space must be vented to outside the vessel and not to a location in the vicinity of a muster station.

(4) If the release of the extinguishing agent into a machinery space could cause over- or under-pressurization that would affect the integrity of the space, measures must be in place to protect the integrity of the space.

Information and Procedures

343 (1) A placard containing the following warning must be posted near the means of control for a fixed gas fire-extinguishing system:

Harmful Gas — Do not release the gas until all crew members have evacuated the machinery space — Do not re-enter the machinery space until all gas has been removed and the space declared safe

AVERTISSEMENT

Gaz nocif — Ne pas libérer le gaz avant que tous les membres d’équipage aient évacué le local de machines — Ne pas retourner dans le local avant que tout le gaz ait été éliminé et que le local soit déclaré sécuritaire

(2) A placard containing the following warning must be posted near the means of control for a fixed aerosol fire-extinguishing system:

Harmful Aerosol — Do not release the aerosol until all crew members have evacuated the machinery space — Do not re-enter the machinery space until all aerosol has been removed and the space declared safe

Aérosol nocif — Ne pas libérer l’aérosol avant que tous les membres d’équipage aient évacué le local de machines — Ne pas retourner dans le local avant que tout l’aérosol ait été éliminé et que le local soit déclaré sécuritaire

(3) A placard containing the following warning must be posted at the entrance to an occupied machinery space:

Space protected by fire-extinguishing system — Vacate space immediately when alarm sounds

Local protégé par un système d’extinction d’incendie — Quitter le local immédiatement lorsque l’alarme retentit

(4) Clear instructions for the safe operation of a fixed fire-extinguishing system must be kept near the means of control for the system.

(5) The procedure to follow in case of a fire in a machinery space must be posted at each fire control station and must include instructions for

• (a) stopping the ventilation fans that serve the space;
• (b) shutting off the source of power or fuel for any machinery or equipment in the space that could contribute to sustaining a fire or create any other unsafe condition in the case of fire;
• (c) closing the openings to the space;
• (d) ensuring that nobody is in the space; and
• (e) venting the space after the release of the extinguishing agent into the space, using an opening vented to outside the vessel and not to a location in the vicinity of a muster station or to any location where passengers or crew are present.

344 (1) A container that is used in a fixed fire-extinguishing system must be kept in a location where it is not exposed to severe weather conditions and where it is protected from mechanical, chemical or other damage.

(2) Means must be provided to indicate whether the container has been discharged.

(3) Means must be provided for the crew to safely check the quantity of extinguishing agent and the pressure in the container.

(4) If the fixed fire-extinguishing system serves a machinery space, the container must be kept in a location that is

• (a) readily accessible from outside the machinery space and, if feasible, from an open deck;
• (b) safely vented to outside the vessel; and
• (c) outside the accommodation spaces and the machinery space.

(5) Despite paragraph (4)(c), unless the container contains carbon dioxide, the container may be kept in the machinery space if the space has a gross volume of not more than 57 m 3 and is not normally occupied.

(6) If the container is connected to a common manifold, a non-return valve must be installed to allow the container to be disconnected

• (a) without affecting the use of the other containers connected to the common manifold; and
• (b) in a manner that prevents any discharge at the point of disconnection when the fixed fire-extinguishing system is activated.

Fixed Carbon Dioxide Fire-extinguishing Systems

345 (1) For the purposes of subsection 339(2), in the case of a fixed carbon dioxide fire-extinguishing system, “certified for marine use by a product certification body” is to be read as “certified for marine use by a product certification body in accordance with the standard NFPA 12, entitled Standard on Carbon Dioxide Extinguishing Systems ,”.

(2) The quantity of carbon dioxide in a fixed carbon dioxide fire-extinguishing system that serves a machinery space must be sufficient to achieve, at a specific volume of 0.56 m 3 per kilogram, a volume of free gas equal to

• (a) 60% of the gross volume of the space, if that gross volume is not more than 14 m 3 ;
• (b) 40% of the gross volume of the space, if that gross volume is more than 136 m 3 ; and
• (c) the percentage obtained by linear interpolation between the percentages set out in paragraphs (a) and (b), if the gross volume of the space is more than 14 m 3 but not more than 136 m 3 .

(3) The fixed fire-extinguishing system must release a sufficient quantity of carbon dioxide to allow 85% of the quantity required by subsection (2) to be reached in 120 seconds or less in the machinery space.

Other Fixed Gas Fire-extinguishing Systems

346 (1) For the purposes of subsection 339(2), in the case of a fixed gas fire-extinguishing system that uses a gas other than carbon dioxide, “certified for marine use by a product certification body” is to be read as “certified for marine use by a product certification body in accordance with the standard NFPA 2001, entitled Standard on Clean Agent Fire Extinguishing Systems ,”.

(2) The quantity of gas in a fixed gas fire-extinguishing system that uses a gas other than carbon dioxide and that serves a machinery space must be sufficient to protect the space. The required quantity of gas must be calculated using the minimum expected ambient temperature in the space, the minimum design concentration of the gas and the net volume of the space.

(3) The minimum design concentration of the gas is the greater of

• (a) the concentration that is 30% above the minimum extinguishing concentration of the gas, when that concentration is determined by a cup burner test, and
• (b) the extinguishing concentration of the gas, when that concentration is determined by full-scale testing.

(4) The net volume of the machinery space is its gross volume, including the volume of the bilge, the volume of the casing and the volume of free air contained in compressed air receivers that can be released into the space in the event of a fire, minus the volume of objects in the space.

(5) If the fixed fire-extinguishing system uses halocarbon as the extinguishing agent, the system must release a sufficient quantity of the agent to allow 95% of the minimum design concentration of the agent to be reached in 10 seconds or less in the machinery space. If the system uses an inert gas as the extinguishing agent, the system must release a sufficient quantity of the agent to allow 85% of the minimum design concentration of the agent to be reached in 120 seconds or less in the space.

Fixed Aerosol Fire-extinguishing Systems

347 (1) For the purposes of subsection 339(2), in the case of a fixed aerosol fire-extinguishing system,

• (a) “certified for marine use by a product certification body” is to be read as “certified for marine use by a product certification body in accordance with the standard NFPA 2010, entitled Standard for Fixed Aerosol Fire Extinguishing Systems ,”; and
• (b) for the purpose of maintenance of the generator, a machinery space is to be considered a severe environment.

(2) The quantity of aerosol in a fixed aerosol fire-extinguishing system that serves a machinery space must be sufficient to protect the space. The required quantity of aerosol must be calculated using the minimum expected ambient temperature in the space, the design application density of the aerosol, the net volume of the space and, if the system uses a condensed aerosol, the efficiency of the system’s generator.

(3) The design application density of the aerosol must be at least 30% above the extinguishing application density, when the extinguishing application density of the aerosol is determined by full-scale testing.

(4) The net volume of the machinery space is its gross volume, including the volume of the bilge, the volume of the casing, and the volume of free air contained in compressed air receivers that can be released into the space in the event of a fire, minus the volume of objects in the space.

(5) The fixed fire-extinguishing system must release a sufficient quantity of aerosol to allow the design application density of the aerosol to be reached in 120 seconds or less in the machinery space.

[ 348 to 399 reserved]

PART 4

Consequential and related amendments, repeal and coming into force, consequential amendments, hull construction regulations.

400 (1) The definitions ’A’ Class division , ’B’ Class division , combustible material , control station , hotel ship , incombustible material , main vertical zones , public rooms and standard fire test in section 2 of the Hull Construction Regulations (see footnote 1) are repealed.

(2) The definition machinery space in section 2 of the Regulations is replaced by the following:

machinery space means the space extending from the moulded base line of the ship to the margin line and between the extreme transverse water-tight bulkheads bounding the spaces appropriated to the main and auxiliary propelling machinery, boiler and the permanent coal bunkers; ( locaux de machines ou tranche des machines )

401 (1) Subsections 3(3) to (6.1) of the Regulations are repealed.

(2) Subsections 3(9) to (12) of the Regulations are repealed.

402 Parts III to VI of the Regulations are repealed.

403 Section 79 of the Regulations is replaced by the following:

79 Sections 80, 81 and 98 do not apply to a ship to which Part VIII applies.

404 Section 84 of the Regulations and the heading before it are replaced by the following:

Plans and Inspections

405 The heading before section 94 and sections 94 to 97 of the Regulations are repealed.

406 The Regulations are amended by adding the following before section 98:

Wheelhouse Windows

407 Parts IX and X of the Regulations are repealed.

Large Fishing Vessel Inspection Regulations

408 Paragraph 26(b) of the Large Fishing Vessel Inspection Regulations (see footnote 2) is replaced by the following:

• (b) complies with the requirements of section 3 of Schedule III to the Fire Detection and Extinguishing Equipment Regulations , as they read immediately before being repealed.

409 Subparagraph 2(2)(b)(xiii) of Schedule I to the Regulations is replaced by the following:

• (xiii) fixed fire extinguishing equipment as outlined in section 6 of the Fire Detection and Extinguishing Equipment Regulations , as they read immediately before being repealed,

Transportation of Dangerous Goods Regulations

410 (1) Subparagraph 1.49(1)(e)(i) of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 3) is replaced by the following:

• (i) the “Fire Detection and Extinguishing Equipment Regulations”, as they read immediately before being repealed,

(2) Paragraph 1.49(1)(e) of Part 1 of the Regulations is amended by striking out “and” at the end of subparagraph (iv), by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

• (vi) the “Vessel Fire Safety Regulations”;

Marine Machinery Regulations

411 Paragraph 14(c) of Division II of Part I of Schedule VIII to the Marine Machinery Regulations (see footnote 4) is replaced by the following:

• (i) the Vessel Fire Safety Regulations , in the case of vessels in respect of which those Regulations apply, or
• (ii) the Fire Detection and Extinguishing Equipment Regulations , as they read immediately before being repealed, in any other case;

Marine Personnel Regulations

412 (1) Paragraph 207(3)(e) of the Marine Personnel Regulations (see footnote 5) is replaced by the following:

• (e) if the Vessel Fire Safety Regulations require that the vessel be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations;

(2) Subparagraph 207(4)(d)(i) of the Regulations is replaced by the following:

• (i) operate and use the fire extinguishing equipment and systems required by or approved under the Vessel Fire Safety Regulations to fight a fire at any one location on the vessel,

Cargo, Fumigation and Tackle Regulations

413 Paragraph 157(3)(a) of the Cargo, Fumigation and Tackle Regulations (see footnote 6) is replaced by the following:

• (a) a watertight steel bulkhead that consists of “A” class divisions within the meaning of subsections 1(2) and (3) of the Vessel Fire Safety Regulations ;

Maritime Occupational Health and Safety Regulations

414 Section 91 of the Maritime Occupational Health and Safety Regulations (see footnote 7) is replaced by the following:

91 Fire protection equipment must be installed, inspected and maintained on board every vessel in accordance with

• (a) the Vessel Fire Safety Regulations , in the case of vessels in respect of which those Regulations apply, or
• (b) the Fire Detection and Extinguishing Equipment Regulations , as they read immediately before being repealed, in any other case.

Related Amendment to the Marine Machinery Regulations

415 Division II of Part I of Schedule IX to the Marine Machinery Regulations (see footnote 8) is amended by adding the following after item 10:

10.1 Despite items 9 and 10, plastic piping referred to in sections 114 and 226 of the Vessel Fire Safety Regulations may be used.

416 The Fire Detection and Extinguishing Equipment Regulations (see footnote 9) are repealed.

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

( This statement is not part of the Regulations. )

The former Canadian vessel fire safety regulatory regime (former regulatory regime) was based on the international fire safety requirements in place under the International Convention for the Safety of Life at Sea (SOLAS Convention or Safety Convention) of 1960 and 1974 and on alternative Canadian requirements for smaller and lower-risk vessels. Specifically, the regime was composed of the Fire Detection and Extinguishing Equipment Regulations , components of the Hull Construction Regulations and the Structural Fire Protection Standards: Testing and Approval Procedures (TP 439) published by Transport Canada (TC). Further to these instruments, supplemental vessel fire safety standards and guidelines published by TC included the Equivalent Standards for Fire Protection of Passenger Ships (TP 2237), the Guide to Structural Fire Protection (TP 11469) and parts of the Standards for the Construction and Inspection of Small Passenger Vessels (TP 11717).

In 2002, the International Maritime Organization (IMO) revised the SOLAS Convention to enable a performance-oriented approach to fire safety regulations, in addition to a significant update to the established prescriptive approach. Chapter II-2 of the updated SOLAS Convention states new overall fire safety objectives and functional requirements that affect the obligations under both the Fire Detection and Extinguishing Equipment Regulations and the Hull Construction Regulations . Chapter II-2 also provides a methodology for meeting these new objectives and requirements by using alternative fire safety designs and arrangements. Therefore, the former regulatory regime was no longer consistent with the international requirements and needed to be modernized.

• The objectives of the Vessel Fire Safety Regulations (the Regulations) are to
• prevent fires and explosions on vessels;
• reduce the risk to life caused by fire on vessels;
• reduce the risk of damage caused by fire to a vessel, its cargo and the environment;
• contain, control and suppress fires and explosions on vessels in the compartment of origin;
• provide adequate and readily accessible means of escape for passengers and crew on vessels in case of fire; and
• ensure harmonization with current international standards and requirements with respect to fire safety on vessels.

The Regulations address unique Canadian circumstances, such as the likelihood of equipment being unusable due to freezing and the necessity to accommodate vessels that operate seasonally or in close proximity to shore. Canadian modifications or alternative requirements in the Regulations are based on risk and other factors, including vessel size and nature, as well as voyage duration and area of operation.

Description

The Regulations repeal and replace the Fire Detection and Extinguishing Equipment Regulations and components of the Hull Construction Regulations .

The Regulations are designed to be easily accessible for industry, as regulatory requirements related to fire safety aboard vessels are streamlined by consolidating the requirements for structural fire protection, the means of fire escape and active fire suppression systems. The Regulations also permit the use of modern technologies, such as new types of fixed fire safety systems or equipment that were not available under the former regulatory regime.

The Regulations cover safety procedures, detection and alarm, fire extinguishing, and escape on board Canadian vessels that are of more than 15 gross tonnage and vessels of not more than 15 gross tonnage that are carrying more than 12 passengers. The Regulations provide a streamlined and updated regulatory regime for fire safety on board vessels that is easier to understand and uniformly implementable across the shipping industry, leading to increased safety for all persons aboard a vessel.

The Regulations do not apply to the following vessels: pleasure craft; fishing vessels; high-speed craft complying with the IMO International Code of Safety for High-Speed Craft , 1994 and 2000; wooden vessels of primitive build; vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; and nuclear vessels. These vessels will continue to meet fire safety requirements applicable to them under other regulations (e.g. Small Vessel Regulations ).

The Regulations are structured into four parts. The provisions of the first three parts are based on vessel size, number of passengers and function. The fourth part contains consequential amendments, a related amendment, and repeal and coming-into-force provisions. Generally, with some exceptions, each part applies as follows:

• Part 1 specifies the classes of vessels for which compliance with the recommendations on fire safety systems of the revised SOLAS Convention is mandatory. The classes of vessels include passenger vessels that are Safety Convention vessels; cargo vessels of 500 gross tonnage of more; non-Safety Convention passenger vessels 24 m or more in length; passenger vessels of more than 15 gross tonnage but of less than 24 m in length transporting more than 36 berthed passengers; and vessels carrying dangerous goods other than in limited quantities. The requirements will vary from the SOLAS Convention requirements where necessary to reflect circumstances that are specific to the Canadian maritime shipping environment.
• Part 2 sets out the requirements for structural fire protection for cargo vessels of 24 m or more in length but less than 500 gross tonnage; and for passenger vessels that are non-Safety Convention vessels of 24 m or more in length, on limited voyages and carrying fewer than 100 unberthed passengers.
• Part 3 applies to non-Safety Convention vessels that are non-passenger-carrying vessels of less than 24 m in length but more than 15 gross tonnage; passenger-carrying vessels over 15 gross tonnage and under 24 m in length carrying not more than 36 berthed passengers; and passenger-carrying vessels of 15 gross tonnage and under that are carrying more than 12 passengers.
• Part 4 contains necessary amendments to other regulations as a consequence of the introduction and the coming into force of the Regulations.

Of note, the Regulations introduce performance-based alternatives to certain requirements of the SOLAS Convention with respect to fire safety and provide specific details on engineering specifications, testing, inspection, maintenance, and other technical details addressed in codes and guidelines, which are incorporated by reference in the SOLAS Convention and in the Regulations. This provides all Canadian vessels with a modern fire safety regime that is harmonized with international requirements.

Part 1

For vessels to which Part 1 applies, the Regulations are structured to incorporate the new SOLAS Convention requirements by reference, as amended from time to time. Recognizing that the SOLAS Convention leaves certain discretionary items to be decided by each country to address international requirements or unique conditions, the Regulations make use of the flexibility provided in the SOLAS Convention by specifying some Canadian modifications.

The specific Canadian modifications to the SOLAS Convention provisions address unique Canadian circumstances, such as the likelihood of equipment being unusable due to freezing or the necessity to accommodate vessels that operate seasonally or in close proximity to shore. For example, in addition to the isolating valves required by the SOLAS Convention, valves must also be fitted to sections of the fire main that are subject to freezing. A fire pump’s sea connection must have arrangements to prevent blockage of the connection’s inlet by ice, slush or debris. The list below under the subheading “Canadian modifications to SOLAS Convention provisions” highlights the principal modifications to the SOLAS Convention.

The SOLAS Convention

In 2002, the fire safety requirements in the SOLAS Convention were significantly revised to enable a performance-based approach to regulating fire safety, in addition to the updated existing prescriptive requirements. Many prescriptive details, engineering specifications, testing, inspection, maintenance, and other technical provisions that were covered by the SOLAS Convention have been removed and are now covered in codes and guidelines that are incorporated by reference in the SOLAS Convention. These include the International Code for Fire Safety Systems and the International Code for Application of Fire Test Procedures, 2010 .

The Regulations incorporate by reference several SOLAS Convention requirements respecting fire safety. They replace the former regulatory regime’s prescriptive requirements pertaining to inspection, operational readiness and maintenance with performance-based provisions and guidelines requiring instructions, schedules, and records to maintain and monitor the effectiveness of fire safety measures. Maintenance, testing and inspections by crew members, service providers and others will be carried out to ensure the reliability of fire protection systems and fire-fighting systems and appliances.

New SOLAS Convention requirements relating to fire safety provide an assessment methodology for engineering analysis, evaluation and approval to determine alternative design and arrangements that deviate from prescriptive requirements. This will enable future technological and engineering advances to be instituted in a timely manner and at a lesser cost.

New design criteria and requirements for large passenger vessels (having a length of 120 m or more or having three or more main vertical zones) are introduced

• for systems and services to remain operational for the vessel’s safe return to port under its own propulsion after a casualty due to fire (depending on the casualty threshold);
• for the orderly evacuation and abandonment of a vessel after a fire, if the casualty threshold is exceeded; and
• to provide a safety centre to assist with the management of emergency situations following a fire.

For larger vessels (500 gross tonnage or more) requiring some additional fire safety equipment, such as emergency breathing devices, the new requirements will come into force one year after the day on which the Regulations come into force, with some exceptions. The provisions of Chapter II-2, Part E, of the SOLAS Convention, which relate to operational requirements pertaining to operational readiness, maintenance, and procedures in case of fire, will also be subject to a one-year phase-in on existing vessels, with some exceptions.

Canadian modifications to SOLAS Convention provisions

Canadian modifications to the SOLAS Convention requirements are kept to a minimum. Smaller vessels of less than 500 gross tonnage not subject to the SOLAS Convention and those operating closer to shore will be provided with simplified and, in many cases, less stringent or less onerous alternative “stand alone” requirements or options to the SOLAS Convention requirements.

The following highlights some specific Canadian modifications to the SOLAS Convention:

• modification to the definition of “A” class divisions, which includes the criterion that the insulation on the decks and bulkheads be held in place in accordance with (a) the certification or type approval, and (b) the manufacturer’s instructions.
• new near coastal and sheltered waters voyages classifications as defined in the Vessel Certificates Regulations (VCR) and the definition of a “near coastal voyage, Class 2, limited,” which is limited to five nautical miles from shore, maintain current Canadian areas of operation for certain vessels and provide less onerous requirements than those in the SOLAS Convention;
• clarification of the requirements for the use of organic foam combustible insulation for refrigerated and cargo spaces;
• clarification of the requirements for the fire resistance of plastic pipes;
• requirements for the installation of smoke detectors in cabin and service spaces;
• clarification of the requirements for enclosed stairways in cargo vessels and passenger vessels carrying not more than 36 passengers;
• clarification of the requirements for fire doors, as these doors must be properly identified, fitted with a remote release of a fail-safe type and be capable of operation at the door and from the wheelhouse;
• clarification of the requirements for fire pumps and hydrants with regard to location, installation, and protection from freezing, such as the reduction from two to one fire hose jet on smaller vessels. Arrangements to prevent blocking from ice and slush of the pumps’ sea connections, arrangements to prevent freezing of exposed fire lines and prescriptions for the installation of fire pumps, which must be self-priming and fitted with non-return valves and pressure gauges;
• clarification on the quantity and location of portable firefighting equipment, such as fire extinguishers and fire axes;
• extension of the application of certain SOLAS Convention provisions, such as requiring cargo vessels (in addition to passenger vessels) to have the means of escape, including stairways and exits, marked by lighting or photo-luminescent strip indicators at all points of escape routes including angles and intersections, as well as requiring all vessels of 15 gross tonnage or more carrying dangerous goods, other than in limited quantities, to obtain a Document of Compliance;
• requirement for all vessels of 24 m or more in length to have a public address system or other means of communication in specified areas by no later than one year after the day on which the Regulations come into force. This requirement was already existing in the former regulatory regime for cargo vessels of 500 gross tonnage or more, and the Regulations extend the requirements to vessels that are at least 24 m in length, which is already a common industry practice, making it applicable to approximately 10 additional vessels each year; and
• large foam extinguishers in the engine room, portable foam applicators, fixed water-based local application systems;
• fire pumps, number of hydrants, and water jets;
• portable equipment such as fire-fighter outfits, emergency escape breathing devices, and spare charges for extinguishers; and
• structural fire protection.

Part 2

As an alternative to the incorporated SOLAS Convention requirements, the Regulations include simpler Canadian requirements regarding structural fire protection for lower-risk vessels to which Part 2 applies. These requirements are replacing the structural fire protection of Part 1 that are not applicable to the vessels subject to Part 2.

There are certain vessels, such as cargo vessels of less than 500 gross tonnage, to which former fire safety requirements for structural fire protection do not apply. For such vessels, there are new requirements applicable to vessels constructed after the Regulations come into force. These simple requirements protect the vessel from fire occurring in a space of higher fire risk, such as the engine room, and offer protection to control stations, such as the wheelhouse, in case of a fire emergency. These requirements are, for the most part, based on current industry practices and on international requirements for similarly sized vessels. The requirements also permit the use under certain conditions of combustible construction materials, such as fiber-reinforced plastic (composite material) or wood, which are prohibited under the SOLAS Convention for the larger vessels to which Part 1 applies. For passenger vessels to which Part 2 applies, the requirements are based on existing Canadian standards and industry best practices.

The following highlights some other specific requirements contained in Part 2:

• requirements for the use of organic foam combustible insulation for refrigerated and cargo spaces;
• requirements for ventilation trunks, ducts, penetrations, and dampers, such as the requirements for non-combustible construction of ducts, the manual operation of fire dampers from both sides of the division, and more specific construction details for the penetration of ducts through decks and bulkheads;
• requirements for flame-spread, smoke and toxicity of surface-covering materials;
• requirements for the fire resistance of plastic pipes;
• requirements for storage of highly flammable liquids or liquefied gases; and
• requirements for means of escape for accommodation spaces and machinery spaces.

Part 3

For vessels to which Part 3 applies, the Regulations are based on specific Canadian requirements for structural fire protection, fire safety systems, and equipment to address the particularities of these types of vessels and the associated level of risk. The requirements are based on the existing Fire Detection and Extinguishing Equipment Regulations , adopt existing standards, impose new obligations and build on industry best practices.

For smaller-sized vessels, the early detection of fire in all spaces and the containment and rapid extinction of fire in the machinery space, where the majority of fire and explosions occur, are addressed in the Regulations via requirements for automatic fire detection and alarm systems, fixed gas fire-extinguishing systems, as well as the use of fire insulation or fire-retardant materials in specified areas.

Previously, fire safety requirements for structural fire protection, fire detection, and a fixed gas fire-extinguishing system in the engine room did not apply to non-passenger-carrying vessels of less than 24 m in length due to their smaller size or the fact that they operate in areas that pose lower risks than vessels that voyage internationally. For such vessels, there are some new requirements applicable to vessels constructed after the Regulations come into force. These requirements are for the most part based on current industry practices and on international standards for similarly sized vessels.

The new requirements reflected in the Regulations follow established industry standards, which most new vessels are already meeting, and are expected to impact fewer than 10 vessel constructions per year. These new requirements include

• the installation of a fire detection and alarm system in the accommodation spaces, machinery and service spaces of non-passenger vessels;
• the installation of a fixed fire-extinguishing system and structural fire insulation in the machinery space of non-passenger-carrying vessels;
• limitations on the surface flammability of interior finishes; and
• a restriction on the amount and carriage of certain flammable liquids not used for the operation of the vessel.

As a best business practice, most new vessels are currently fitted with these items voluntarily to protect the life of the crew and the value of the investment and for insurance reasons. The cost of structural fire protection is minimal to nil, as the new requirements are mostly addressed by using different materials (e.g. fire insulation instead of sound or thermal insulation). For vessels to which Part 3 applies, the incremental cost of these additional requirements, which are mostly due to the installation of a fire detection and extinguishing system, is estimated to be between $1,000 to $10,000 per vessel, depending on the size of the vessel, the configuration and the selected systems.

Part 4

Upon the coming into force of the Regulations, the Fire Detection and Extinguishing Equipment Regulations , Parts III to VI, IX and X, and certain other sections (for instance 84, 94 to 97) related to fire safety, of the Hull Construction Regulations and related incorporated standards will be repealed .

These Regulations will also make consequential amendments to the following regulations:

• Large Fishing Vessel Inspection Regulations ;
• Marine Machinery Regulations ;
• Marine Personnel Regulations ;
• Cargo, Fumigation and Tackle Regulations ;
• Transportation of Dangerous Goods Regulations ; and
• Maritime Occupational Health and Safety Regulations.

These consequential amendments are made to either remove requirements in existing regulations that conflict with those of the Vessel Fire Safety Regulations , or to update the cross-referencing in current regulations to add the Vessel Fire Safety Regulations , and to keep the reference to the Fire Detection and Extinguishing Equipment Regulations for grandfathered vessels.

Alternative options in Parts 2 and 3

To reduce the cost of compliance for cargo vessels of less than 500 gross tonnage and passenger vessels carrying fewer than 100 passengers and no berthed passengers on limited voyages, Part 2 specifies Canadian requirements regarding structural fire protection. These requirements provide simpler alternative options compared to those in the SOLAS Convention and Part 1, such as

• requirements for structural insulation for machinery spaces, galleys, control stations, corridors and stairways;
• use of material other than steel for the vessel hull and accommodation spaces; and
• simplified requirements for fire protection of ventilation ducts.

To reduce the cost of compliance for smaller vessels of less than 24 m in length, Part 3 of the Regulations includes alternative options to certain requirements under the SOLAS Convention, such as those respecting the use of fire insulation and surface finish material. The alternatives offer the choice of more than one standard, including marine and commercial standards, and certification of products by different third parties, such as a product certification body, testing laboratory or recognized organization.

Fire safety systems, equipment and materials will, for the most part, be marine-type approved; however, rather than require the use of customized systems designed, engineered and built for all vessels, the Regulations permit smaller vessels to use commercially available “off the shelf” systems and materials. These systems and materials meet acceptable industry-recognized standards and practices while costing less.

For SOLAS Convention vessels, all structural materials must be approved according to the requirements of the International Code for Application of Fire Test Procedures, 2010 (2010 FTP Code); this includes insulation and floor coverings (e.g. carpet, vinyl tiles). Given that these materials are specific to marine use and taking into account that the shipbuilding industry in Canada is limited, there are very few Canadian manufacturers and there is limited distribution of these products in Canada. This makes procurement difficult in low quantity and within a reasonable time frame for smaller vessel projects. Therefore, as an alternative to the 2010 FTP Code requirements, the Regulations permit the use of Canadian or U.S. commercial standards or other solutions (such as the use of “30-minute fire rated insulation”) that do not require marine approval, and allow the use of commonly available materials. For example, floor coverings may comply with the standards published by the Underwriters’ Laboratories of Canada (ULC) or the American Society for Testing and Materials (ASTM) as an alternative to compliance with the 2010 FTP Code requirements.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the Regulations, as there is no change in administrative costs to business. Since most of the requirements contained in the Regulations were already in force in the former Canadian vessel fire safety regulatory regime and are in keeping with common industry standards and best shipping practices, most vessels already meet and in some cases exceed the requirements contained in the Regulations. For those vessels that do not, no additional administrative burden is anticipated. Therefore, the “One-for-One” Rule does not apply.

Small business lens

The small business lens does not apply to the Regulations. Moreover, the Regulations are anticipated to reduce compliance costs for smaller ships, which are typically characterized as small businesses, since these lower-risk vessels will be provided a simpler means to comply with requirements regarding structural fire protection.

Consultation

The policy of the Regulations has been shared with industry and developed with it since the inception of this project. Consultation drafts were shared in the fall of 2006 and sharing continued through 2010. Legal drafting of the Regulations was initially completed in June 2011 but, for a two-year period, the regulatory process was delayed in order to accommodate amendments to the Transportation of Dangerous Goods Regulations (which were published in the Canada Gazette , Part II, on December 31, 2014) and amendments to the Canada Shipping Act, 2001 , made by the Jobs and Growth Act, 2012 , regarding variations of externally produced material and the scope of incorporating that material by reference in the Regulations. Status updates to stakeholders with respect to advancing this file commenced in the spring of 2012 and were routinely provided up until the latest national Canadian Marine Advisory Council (CMAC) meeting held in the spring of 2016.

Industry stakeholders have taken many opportunities to be actively involved in the development of a modernized regulatory fire safety regime, and are in full support of the implementation of the Regulations, which will provide uniform requirements for fire safety on board vessels. Stakeholders have been encouraged throughout the regulatory process to share and provide comments on the array of documents presented, such as discussion papers, presentations, progress papers and written and verbal information. None have put forward any objections to the policies and concepts upon which the Regulations are based. Only a few formal comments have been received outside of the CMAC meetings, and they were considered and addressed by TC when it developed the Regulations.

Recognizing the lack of flexibility provided by the current regulatory regime, in 2012, TC published a policy and an alternative standard ( Canadian Supplement to the SOLAS Convention — TP 15211) to allow the use, on application to the Marine Technical Review Board (MTRB), of the updated SOLAS Convention requirements with Canadian modifications as an alternative to the former regulatory regime; these are reflected in the Regulations. Recognizing that this new regime is more modern and appropriate for new vessels, in most cases the authorized representatives have benefited from using this alternative.

Concerns raised prior to prepublication

Throughout the consultation process, the marine industry expressed the desire for more options with regard to the installation of equipment, materials and systems for fire suppression. In light of this, the Regulations provide flexible options for smaller vessels to use commercially available “off the shelf ” equipment, materials and systems, rather than requiring the installation of custom-designed and custom-engineered equipment, materials and systems, which are typically more expensive. Using a risk-based approach, TC has accepted this flexible option to ensure that safety will not be compromised.

The Regulations also address certain recommendations made by the Transportation Safety Board (TSB). Of note, the TSB has recommended that large Canadian passenger vessels (of more than 500 gross tonnage) meet a standard of structural fire protection and functional integrity of systems that ensures a level of safety equivalent to that of SOLAS Convention-compliant vessels. Moreover, the TSB also recommended that regulations respecting fixed fire-extinguishing systems be reviewed to ensure their design and their maintenance, inspection, and testing regimes effectively demonstrate continued structural and functional integrity. These recommendations are addressed through the incorporation by reference of the design requirements under the SOLAS Convention in the Regulations and they apply to passenger vessels of 24 m or more in length, as well as to cargo vessels. The maintenance, inspection and testing aspect will be addressed by the incorporation of the operational readiness and maintenance requirements of the SOLAS Convention.

Comments following prepublication

The proposed Regulations were prepublished in the Canada Gazette , Part I, on February 6, 2016, followed by a 60-day comment period. TC received a total of 19 comments from stakeholders, which are summarized in the following paragraphs.

In terms of Class A structural insulation requirements, with the stakeholder comment noting that the Regulations make reference only to the manufacturers’ instructions for the associated requirements. The comment explained that this may be confusing, as there are also conditions on the type approval certificate for Class A structural insulation requirements. A change was made to this requirement to state that fire insulation must be secured on a protected surface in accordance with both type approval and manufacturer instructions, with a removal of the details about studs and clips.

Another stakeholder was concerned with the limitations on grandfathering, stating that the use of the term “substantially” is vague, and should be clarified. Although this comment was considered, no change has been made, since “substantial” is the wording used in SOLAS and related guidelines and interpretations, which have been in use in Canada and internationally for a long period.

In terms of the Application section of Part I of the Regulations, a stakeholder comment noted a potential overlap between the Regulations and the existing Hull Construction Regulations . No change was made, since this potential overlap was identified without taking into consideration that the relevant Hull Construction Regulations requirements are repealed by the new Regulations.

With regard to appliances and stopping devices of ventilation, a comment stated that automatic shut-down is not required by SOLAS and may create an unsafe condition in certain cases. A change was made to remove the requirement for automatic shut-down of non-essential services. Only the Canadian modifications that add “means of control” (e.g. remote stop) to additional equipment, such as hydraulic oil, remain.

For trunks and ducts of ventilation systems, one comment noted that the Canadian modifications were no longer needed in light of recent MTRB decisions relating to certain projects using the Canadian Supplement to the SOLAS Convention and considering the latest amendment to SOLAS Chapter II-2 regulation 9.7 adopted by IMO Resolution MSC.365(93). The resulting change is the deletion of Canadian modifications for trunks and ducts.

In terms of plastic pipes, the need for the clarification of the applicable standards was identified. A change was made to add a reference to the IMO Resolution A.753(18), Guidelines for the Application of Plastic Pipes on Ships . An amendment is also made to Marine Machinery Regulations Division II of Part I of Schedule IX to avoid any conflict between the application of the two regulations. This amendment will also allow vessels subject to the Marine Machinery Regulations , but that are not subject to the Vessel Fire Safety Regulations to use plastic pipes if desired, provided they meet the same requirements.

With regard to the construction of “A” Class doors, a comment received requested clarification of door gap requirements. In order to clarify these requirements, a change was made to remove some Canadian modifications for the door gaps, and a modification to indicate that the door gap, once installed, has to be the same as when tested.

In terms of ventilation systems and dampers in galley ducts, a need for clarification regarding automatic damper requirements was identified in consideration of recent SOLAS amendments. In order to clarify these requirements, a change was made to remove the Canadian modifications other than the requirement to have a galley ventilation system separated from other ventilation systems on all cargo vessels and all passenger vessels.

For separate ventilation systems in stairway enclosures, the need for clarification of requirements was identified. To clarify, a change was made to indicate that the requirement to have separate ventilation system applies only when the stairway is penetrating more than one deck.

In terms of the details of ventilation duct construction and penetrations, a change was needed in light of recent MTRB decisions relating to certain projects using the Canadian Supplement to the SOLAS Convention and considering the latest amendment to SOLAS Chapter II-2, regulation 9.7 adopted by IMO Resolution MSC.365(93). The Canadian modification was subsequently deleted as the new international standard achieves a similar outcome.

Following a comment with regard to pressure containers (gas cylinders), the expression “notified body designated by the United Kingdom” has been changed to “notified body designated by a Member state of the European Union” which is aligned with the application of the Directive 2010/35/EU of the European Parliament and the Council.

Another comment led to a modification relating to exit signs, to align with the National Building Code of Canada which has been amended to require green and white photoluminescent or illuminated exit signs, as described in two standards published by the International Organization for Standardization (ISO), instead of red exit signs. Part I of the Regulations already requires these ISO signs through the incorporation of SOLAS.

Stakeholder comments were also received on the topic of fixed aerosol fire-extinguishing systems, noting that certain aerosol fire-extinguishing systems are now approved for Class A deep-seated fires and should, therefore, be permitted on wooden or composite vessel. After consideration, a change was made to remove the prohibition for aerosol systems on wooden and composite vessels, and to add a requirement that the aerosol systems on those vessels have two independent complete charges of aerosol, similar to the requirements for gas systems. A requirement was also added to require that fixed aerosol fire-extinguishing systems for use on wooden or composite vessels must be certified or type approved for deep-seated fires in Class A materials.

Upon consideration of another comment, an exemption to the new Regulations 21, 22 and 23 of Chapter II-2 of SOLAS for casualty threshold, safe return to port and safe areas and safety centre on passenger ships was added for non-Safety Convention vessels that are not operating beyond near coastal, Class 2 voyages. This exemption is similar to the policy agreed to with the stakeholders when the Canadian Supplement to the SOLAS Convention was developed in 2012.

A number of consequential amendments to existing regulations were also added to ensure accurate cross-referencing as well as coherence with these new Regulations. For example, the definitions of “combustible material,” “hotel ship,” “incombustible material,” “control station,” “public rooms” and “standard fire test” from the Hull Construction Regulations are repealed.

Other non-substantive changes were also made to the Regulations following publication in the Canada Gazette , Part I, the intent and the main components or requirements of the amended provisions remain unchanged. An example of such a change involved the removal of the definition of “air cushion vessels” in the Interpretation section and the separate listing of this vessel type in the Application sections of Parts 1, 2 and 3 of the Regulations. The comment noted that air cushion vessels are a type of high-speed craft subject to the international Codes of safety for high-speed craft (HSC Code), and given that high-speed crafts are already listed in the Interpretation and Application sections of the Regulations, there is no need to refer to “air cushion vessels” separately. Therefore, a change was made to remove the definition for air cushion vessels in the Interpretation section and the removal of air cushion vessels from the Application sections of the Regulations. Another example of a non-substantive change was the replacement of the term “Classification Society” by “Recognized Organization” throughout the Regulations. Other changes were made to use consistent wording when possible for similar requirements across Part 1, 2 or 3 of the Regulations; for example, the requirements for fire pump impellers in Parts 1 and 3, which were technically similar but used different wording, have been harmonized.

Another change has been made to clarify the requirements for approval of fire safety materials, systems and products. The requirements for approval by the Minister, product certification bodies and recognized organizations have been aligned across the parts by moving definitions from Part 3 to the beginning of the Regulations, and by grouping the approval of materials, systems and products that must conform to the requirements of the FTP Code and the FSS Code in sections 2 and 3 of the Regulations.

The Department also highlighted to stakeholders that a minor error was noticed in the French version of the published Regulations in the Canada Gazette , Part I, whereby item I of subsection 309(1) was repeated between paragraphs (a) and (b) of item 2.

Transport Canada presented all of the comments received and the proposed modifications to address these comments for this regulatory project at the 2016 Spring CMAC meeting. It has also posted the presentation made by Transport Canada at the CMAC meeting on the CMAC website for stakeholders who were unable to attend. All proposed changes were received positively by the stakeholders in attendance at the CMAC meeting. This established consultation process for regulatory projects ensures the highest level of consultation and transparency.

The majority of the requirements contained in the Regulations were already in force in existing regulations and standards, such as the Fire Detection and Extinguishing Equipment Regulations , the Hull Construction Regulations and the Structural Fire Protection Standards: Testing and Approval Procedures (TP 439), and provide a very high degree of safety. The Regulations aim to be easier for industry to understand because regulatory requirements related to fire safety aboard vessels are now streamlined through consolidated requirements for structural fire protection (which include provisions related to fire divisions and ventilation), and for means of escape and active fire suppression systems (e.g. fire pumps, hydrants and fire-extinguishing systems). The Regulations also permit the use of modern technologies, such as new types of fixed fire safety systems or equipment that are not available under the former regulatory regime.

In addition to the prescriptive requirements, the Regulations offer the alternative design and arrangements permitted by the SOLAS Convention and provide specific details on engineering specifications, testing, inspection, maintenance, and other technical details addressed in codes and guidelines. These are incorporated by reference in the SOLAS Convention and the Regulations. This provides all Canadian vessels with a modern fire safety regime that is harmonized with international requirements.

Benefits and costs

The primary benefits of these Regulations are the prevention of fires and explosions on vessels and the reduction of the risk to life at sea caused by fire. Moreover, the Regulations aim to reduce the risk of damage caused by fire to a vessel, its cargo and the environment, in addition to containing, controlling and suppressing fires and explosions in the compartment of origin. The Regulations also provide for adequate and readily accessible means of escape for passengers and crew when needed. An additional benefit of this modernized regime is that it is more readily and quickly adaptable to new technologies and methodologies. It is anticipated that these benefits will outweigh the costs that will be assumed to address any new or updated requirements resulting from the Regulations.

Authorized representatives of Canadian passenger and cargo vessels will experience minimal impact in order to comply with the new requirements, which remain similar to those previously in place. Therefore, in most cases, the impact will not be substantial.

The initial costs associated with compliance with the Regulations for existing Canadian vessels (approximately 2 000 vessels) are estimated to be low. Costs are mainly related to (1) reviewing safety and operational procedures to verify that the new regulatory requirements are met, which is already required by the existing regulations and the Canada Shipping Act, 2001 ; and (2) procuring or updating certain equipment, such as emergency escape breathing devices, at a cost of $500 each. The number of emergency escape breathing devices required per ship will be between two and eight, as determined in the Regulations, according to the vessel size and configuration. TC estimates that these costs will be about $2 million across the industry.

For new vessels constructed after the coming into force of the Regulations, which represents on average 35 small vessels and 17 large vessels per year, the total average annual incremental costs associated with purchasing and installing fire safety materials, systems, equipment, and gear based on the new structural, engineering, and technological advances are estimated to be less than $500,000. The present value of the Regulations, based on a time horizon of 10 years, represents approximately $3.5 million.

The Regulations also adopt the SOLAS Convention methodology for alternative design and arrangements for fire safety on board vessels. Fire safety design and arrangements may deviate from the prescriptive requirements of SOLAS, Chapter II-2, provided that the design and arrangements meet the fire safety objectives and that the functional requirements are based on engineering analysis, evaluation, and approval in accordance with the regulation 17 of SOLAS, Chapter II-2. This will allow for recognition of technological and engineering equivalents and advancements. For smaller vessels, the Regulations also offer alternatives that allow for the use of commercially available material. These alternatives will simplify the procurement of material and help reduce the cost of compliance with the Regulations.

There may also be costs involved for industry stakeholders to purchase or otherwise obtain copies of the SOLAS Convention, which may be purchased at a cost of $165. However, most designers, shipbuilders and ship owners already have access to the documents referred to in the Regulations to meet other existing Canadian regulatory requirements. All other required reference documents, codes, guidelines, standards, etc., are accessible for viewing and available for review in electronic format at no cost from the IMO and other sources in both official languages. All amendments to the above documentation, including the SOLAS Convention, may be obtained in electronic format at no cost from the IMO.

Implementation, enforcement and service standards

The Canadian public expects industry and the Government to provide the safest means possible for commercial and public marine transportation. The Regulations are designed to further improve fire safety on board vessels, prevent or minimize injuries, and reduce the loss of life resulting from a fire. They are also in line with international maritime requirements and will be implemented uniformly across the shipping industry, resulting in improved safety for all on board a vessel.

The enforcement of the Regulations will be made in accordance with the TC Policy on Compliance and Enforcement of the Canada Shipping Act, 2001 for the safety of shipping and the protection of the marine environment. TC will use a graduated enforcement approach with respect to the implementation of the Regulations. The enforcement objective is to permit industry to take corrective action first, especially for minor infractions, rather than to proceed immediately with issuing monetary penalties and/or summary convictions. The cornerstone of the enforcement program will be the inspection of vessels for the purpose of issuing Canadian maritime documents for vessels that comply with the Regulations. Verbal counselling or warning letters will be used when an offender commits a minor contravention, and may be accompanied by an assurance of compliance rather than immediately issuing a notice of violation. For serious infractions, the Canada Shipping Act, 2001 provides for maximum fines upon summary conviction of $1,000,000, or 18 months in prison, or both, for violations of regulations made under Part 4 of that Act, which will include the Regulations.

These Regulations come into force on the day on which they are registered. TC officials will review the implementation of the Regulations in order to develop schedules of violations so that enforcement may be applied by amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (also made pursuant to the Canada Shipping Act, 2001 ), which will add to the enforcement options available to the Minister of Transport.

Grandfathering provisions

All existing vessels are grandfathered for construction, systems and equipment requirements relating to fire safety, but will have to meet the requirements pertaining to operations, maintenance, and procedures associated with issues such as cargo tank purging and gas freeing, maintenance and monitoring of the effectiveness of the fire measures, operational readiness of fire-fighting systems and appliances, proper instructions for training and drills, as well as the provision of information, plans, and instructions in relation to fire safety in both English and French. Various configurations of these requirements already exist in current regulations, standards and guidelines, and are consistent with established industry practices. The main difference now is that the requirements will be uniform and supported by an appropriate regulatory framework.

The Regulations contain grandfathering and phase-in provisions in order to minimize cost impacts. Therefore, existing vessels for which a safety certificate was issued under the Canada Shipping Act, 2001 or the Vessel Certificates Regulations will be grandfathered with respect to the requirements for structural fire protection and fire safety systems. Most equipment will be allowed to continue to meet the applicable requirements that were in effect at the time of the issuance of that safety certificate.

Grandfathering provisions cease to apply to vessels or parts of a vessel when certain criteria thresholds in the Regulations are met, for example for repairs, alterations, or modifications to existing vessels that substantially alter the vessel’s dimensions or its passenger accommodation spaces, or substantially increase the vessel’s service life or the life of its outfitting. The grandfathering provisions also do not apply to parts of a vessel and to certain systems and equipment that are replaced. The grandfathering also ceases to apply if the vessel’s intended service changes so that the requirements that were previously applicable are no longer met. The grandfathering will also not be applicable to amendments adopted by the IMO after the coming into force of these Regulations if those amendments are applicable to existing vessels.

Performance measurement and evaluation

TC will continue to use national and regional CMAC meetings to communicate the implementation of the Regulations and will issue communications to affected stakeholders through Ship Safety Bulletins to inform designers, builders, and owners of vessels of the new regulatory requirements. Concurrently, compliance with these Regulations will be monitored and enforced by TC marine safety inspectors and surveyors of recognized Canadian organizations who will be trained to assess the new criteria.

TC will continue to monitor and participate, both nationally and internationally, in ongoing regulatory activities related to vessel fire safety and will take appropriate action with affected stakeholders as required. It is anticipated that the updated consolidated fire safety regime provided by these Regulations will improve the understanding and application of the regulatory requirements through a streamlined and modernized fire safety system. Stakeholders will benefit from these Regulations, which are harmonized with current international requirements and which provide alternative compliance options designed to help reduce the cost of compliance.

Luc Tremblay Manager Arctic and Large Vessels Design and Equipment Standards (AMSDL) Domestic Vessel Regulatory Oversight and Boating Safety Marine Safety and Security Transport Canada Place de Ville, Tower C, 11th Floor 330 Sparks Street Ottawa, Ontario K1A 0N5 Telephone: 613-990-2068 Fax: 613-991-4818 Email: [email protected]

• Footnote a S.C. 2001, c. 26
• Footnote 1 C.R.C., c. 1431
• Footnote 2 C.R.C., c. 1435
• Footnote 3 SOR/2001-286
• Footnote 4 SOR/90-264
• Footnote 5 SOR/2007-115
• Footnote 6 SOR/2007-128
• Footnote 7 SOR/2010-120
• Footnote 8 SOR/90-264
• Footnote 9 C.R.C., c. 1422

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Canadian Supplement to the Solas Convention - TP 15211 E

From: Transport Canada

This document is a supportive document to the policy acceptance of alternative regulatory regime for Inspection, Construction and Safety Equipment. It outlines a set of mandatory Canadian –specific requirements related to SOLAS and associated Codes.

On this page

Part i: introduction, part ii: solas chapter i - general provisions, part iii: solas chapter ii-1 construction – structure, subdivision and stability, machinery and electrical installations, part iv: solas chapter iii life-saving appliances and arrangements, part v: solas chapter xii additional safety measures for bulk carriers, annex 1: other regulations that include construction or equipment requirements, 1 the canadian supplement.

1.1.1.1 The first edition of the Canadian Supplement to the SOLAS Convention is published in support of the regulatory regime documented in Appendix 1 to the policy Acceptance of an Alternative Regulatory Regime for Inspection, Construction and Safety Equipment. Vessels applying the regulatory regime documented in the above-mentioned policy must comply with the provisions in this supplement.

1.1.1.2 The Canadian Supplement to the SOLAS Convention outlines a set of mandatory Canadian-specific requirements related to SOLAS and associated Codes, Recommendations, Guidelines and Interpretations published in IMO Circulars and Resolutions referenced in this document and the policy. For example, Offshore Supply Vessels are to comply with the OSV Code. As described in the policy, any Regulations, Codes, Recommendations, Guidelines, etc., which are not specifically excluded must be applied to the vessel in question.

1.1.1.3 This document is intended for use by Recognized Organizations, Authorized Representatives, vessel owners and operators, shipyards, and designers. This document is on the construction, equipment and inspection requirements of SOLAS. Accordingly, this Supplement may not be complete and does not cover all regulations; however, additional requirements are incorporated by reference where applicable. This document may change based on ongoing regulatory review work.

1.1.1.4 The Annex provided in this document provides information about regulations that are not replaced by the Supplement, but which affect construction and should be brought to the attention of the above-mentioned persons.

2 Application

2.1.1.1 This Canadian Supplement to the SOLAS Convention applies to new passenger vessels of more than 24 metres and cargo vessels of more than 500 gross tonnage and to existing passenger vessels of more than 24 meters and cargo vessels of more than 500 gross tonnage transferring to the Canadian Registry.

2.1.1.2 Requests to apply these instruments to smaller vessels will be considered on a case-by-case basis. Footnote 1

3 Definitions

3.1.1.1 The following definitions are applicable to this Supplement:

• “Act” means the Canada Shipping Act, 2001
• “Cargo vessel” means a vessel that is not a passenger vessel
• “IMO” means the International Maritime Organization
• “Length” has the same meaning as in section 6 of the Vessel Registration and Tonnage Regulations
• “Load Lines Convention” means the International Convention on Load Lines, 1966, as modified by the Protocol of 1988
• “Minister” means the Minister of Transport
• “Near coastal voyage, Class 1” has the same meaning as in section 1 of the Vessel Certificates Regulations
• “Near coastal voyage, Class 2” has the same meaning as in section 1 of the Vessel Certificates Regulations
• that is not a sheltered waters voyage,
• during which the vessel engaged on the voyage is always within 5 nautical miles from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon,
• during which the maximum distance from the port of call is not more than 7.5 nautical miles, if the voyage starts and ends at the same port of call, and
• during which the maximum distance between all ports of call is not more than 15 nautical miles, if the voyage starts and ends at different ports of call
• “Passenger vessel” means a vessel that carries more than 12 passengers
• “Sheltered waters voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations
• “SOLAS” means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)
• “Unlimited voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations

4 Interpretations

4.1.1.1 A vessel is constructed on:

• the day on which its keel is laid,
• the day on which construction identifiable with a specific vessel begins, and
• the day on which assembly of the vessel reaches the lesser of 50 tonnes and one per cent of the estimated mass of all structural material; or
• In the case of a vessel converted to a passenger vessel, the day on which the conversion begins

4.1.1.2 Unless stated otherwise, any reference to a document is a reference to the document as amended from time to time.

4.1.1.3 For the purpose of interpreting IMO documents:

• “Should” is to be read as “must”, and
• “Administration” is to be read as “Minister”

4.1.1.4 Footnotes in documents that are included or referenced by this Canadian Supplement to the SOLAS Convention are to be considered mandatory. Where a footnote in a referenced document includes a reference to another document, this reference is also mandatory, including guidelines, recommendations, requirements and similar matters.

1 Part A – application, definitions, etc.

1.1 regulation 1 – application.

1.1.1.1 Except where specific allowances are provided in this Supplement, or through application to the Marine Technical Review Board, the provisions of the SOLAS Convention apply to all vessels using this Supplement.

1.2 Regulation 3 – exceptions

1.2.1.1 Except where specific allowances are provided in this Supplement, or through application to the Marine Technical Review Board, the provisions of the SOLAS Convention apply to vessels less than 500 gross tonnage using this Supplement.

2 Part B – surveys and certificates

2.1.1.1 The inspection and certification provisions of Part B are applicable to all vessels using this Supplement, regardless of size, except vessels on exclusively domestic voyages may be issued domestic certificates rather than the certificates identified in Regulation 12.

1.1 Reference to other IMO instruments or SOLAS chapters

1.1.1 load lines convention.

For the purpose of the Canadian Supplement to the SOLAS Convention, references to the International Convention on Load Lines made in SOLAS Chapter II-1 shall be interpreted as a reference to the appropriate part of the Load Line Regulations, SOR/2007-99.

2 Regulations

2.1 regulation 3-8 towing and mooring equipment, 2.1.1 anchoring equipment.

2.1.1.1 All vessels shall carry a complete set of anchors and chains as per the rules of a Recognized Organization.

2.2 Regulations 6 to 8

2.2.1 passenger vessels.

2.2.1.1 Non-Safety Convention passenger vessels may comply with the requirements set out in TP 10943: Passenger Vessel Operations and Damaged Stability Standards (Non-convention vessels) (2007) instead of complying with regulations 6, 7 and 8.

2.2.2 Cargo vessels

2.2.2.1 Regulations 6, 7 and 8 do not apply to cargo vessels navigating solely in the Great Lakes of North America and the St. Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

2.3 Regulation 8-1 System capabilities after a flooding casualty on passenger vessels

2.3.1 application.

2.3.1.1 Regulation 8-1 does not apply to vessels engaged on a domestic voyage that does not exceed Near Coastal 2 voyage.

2.4 Regulation 18 Assigning, marking and recording of subdivision load lines for passenger ships

2.4.1 interpretation.

2.4.1.1 The St. Lawrence River west of the eastern end of the Ile d’Orléans is deemed to be fresh water.

2.4.1.2 The domestic inspection certificate (form 85-0431) on non-convention vessels shall be accepted as the Inspection Certificate.

2.4.1.3 Vessels engaged exclusively on fresh-water voyages OR vessels holding a Great Lakes and Inland Waters of Canada Load Line Certificate:

• References to “salt water” in Regulation 18. 5 and 18.7 shall be read as “fresh water”.

2.4.1.4 The Authorized Representative of a vessel that is not required to hold a Load Lines Certificate under the Load Line Regulations, SOR/2007-99 shall ensure:

• The AR of the vessel has a letter stating the subdivision draught at which the ship is permitted to operate, and
• The letter is posted in the wheel house, under glass, adjacent to the Inspection Certificate.

2.4.1.5 Vessels that are not required to comply with Load Line Regulations, SOR/2007-99 shall comply with the conditions of assignment set out in the Schedule 1 of the Regulations or with Conditions of Assignment set out in Chapter II of Annex I to the Load Lines Convention.

2.5 Regulations 19 to 25 Part B-4 stability management

2.5.1 recording of information.

2.5.1.1 For vessels that are not required to keep an official log book in compliance with section 339 of the Marine Personnel Regulations, SOR/2007-115, the master shall record the information required under regulations 21 to 24 as per the requirements of an official log book approved by the Minister.

2.6 Regulations 26 to 39 Part C machinery installations

2.6.1 operation in slush ice conditions.

2.6.1.1 Vessels engaged on a voyage within Eastern Canadian waters and operating in slush ice conditions that are not built to Classification Society Rules for navigation in ice shall ensure the sea inlets are designed and constructed to prevent slush and/or spray ice from blocking the seawater cooling intakes and related air vents.

2.6.1.2 For Guidance, see MSC/Circ.504 Guidance on design and construction of sea inlets under slush ice conditions, or other appropriate guidelines providing an equivalent safety level.

2.7 Regulation 40 general

2.7.1 approvals.

2.7.1.1 Except as provided in 2.7.1.2, electrical equipment which includes, appliances, accessories and fittings shall be approved by a Canadian Recognized Organization or a Product Certification Body as meeting the rule, code or standard under which it is designed; and shall bear the identification mark of the testing laboratory or product certification body that verifies that the equipment meets the rule, code or standard. The Recognized Organization type approval certificate or the Product Certification Body certification listing must be presented to TC or the Recognized Organization on request.

Some of the information on this Web page has been provided by external sources. The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Content provided by external sources is not subject to official languages, privacy and accessibility requirements.

2.7.1.2 Electrical equipment bearing the CE Marking indicating that it meets the applicable requirements that are set out in Directive 2014/35/EU of the European Parliament and of the Council supported by the Guidelines on the application of the Directive is acceptable. The EU Declaration of Conformity for the equipment, in English or French, must be presented to TC or the Recognized Organization on request.

2.7.1.3 Where special marine type equipment is required and there is no standard for it, it shall be of a type that is acceptable to the Recognized Organization.

2.7.1.4 A “product certification body” means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including granting of initial certification and maintenance of the certification.

2.7.2 Institute of electrical and electronic engineers (IEEE)

2.7.2.1 For the purpose of the following footnote to regulation 40.2:

“Refer to the recommendations published by the International Electro technical commission and, in particular, publication IEC 60092 – Electrical installations in ships.”

2.7.2.2 This footnote may be interpreted to also include the:

• Institute of Electrical and Electronic Engineers standard 45 titled Recommended Practice for Electrical Installations on Shipboard with respect to a vessel engaged on a domestic voyage; or
• The electrical rules of a Canadian Recognized Organization.

2.7.3 Heater requirements

2.7.3.1 Heaters in ventilating trunks and re-heat units:

• must be an enclosed type. The heater or re-heat unit enclosure must be protected against corrosion.
• Each heater or re-heat unit must have a thermal cutout of the manually-reset type that prevents overheating of the element and must have a thermal regulating switch
• 100°C in case of heaters or re-heat unit that are surface or recess mounted in bulkheads, decks or ceiling, or that are installed behind bulkhead lining or ceiling, or
• 125°C in case of heaters or re-heat unit that are not recess mounted, surface mounted or installed behind bulkhead lining or ceiling
• If a heater or a re-heat unit is mounted on or next to a deck or bulkhead, the heater must not cause the temperature of the nearest deck or bulkhead to be over 55 degrees C
• Heating elements must be interlocked with the fan motor supplying air to the unit so that it can only be energized when the fan is running
• For test purposes, an ambient temperature of 25 degrees C must be used

2.7.4 Electrical receptacles in washrooms

2.7.4.1 Electrical receptacles installed within 1.5 m of sinks (bathrooms, washrooms or wash basins complete with drainpipe), bathtubs or shower stalls shall be protected by an isolating transformer or a ground fault circuit interrupter of the Class A type (on a grounded distribution systems only) except where the receptacle is:

• intended for a stationary appliance designated for the location; and
• located behind the stationary appliance such that it is inaccessible for use with general-purpose portable appliances

2.8 Regulation 42 emergency source of electrical power in passenger ships

2.8.1 application.

2.8.1.1 Vessels may comply with the requirements stated in TP 127: Ships Electrical Standards (2008) with respect to vessels engaged on a domestic voyage instead of complying with regulation 42.

2.9 Regulation 43 emergency source of electrical power in cargo ships

2.9.1 application.

2.9.1.1 Vessels may comply with the requirements stated in TP 127: Ships Electrical Standards (2008) with respect to vessels engaged on a domestic voyage instead of complying with regulation 43.

1.1 Reserved

2 lsa code resolution msc.48(66) and resolution msc.81(70), 2.1 general, 2.1.1 approval of life saving appliances.

2.1.1.1 In addition to the requirements of Resolution MSC.48(66) and Resolution MSC.71(7) all appliances shall comply with the Canadian Modifications set out in TP 14475: Canadian Life Saving Appliance Standard .

2.1.1.2 In addition to the requirements of Resolution MSC.48(66) and Resolution MSC.71(7) all appliances shall be approved in accordance with TP 14612: Procedures for Approval of Life-Saving Appliances and Fire Safety Systems, Equipment and Products (PDF, 476 KB).

3 Regulations

3.1 regulation 7 - personal life-saving appliances, 3.1.1 regulation 7.3 - immersion suits and anti-exposure suits.

3.1.1.1 Immersion suits must be provided regardless of whether a vessel is constantly engaged on voyages in warm climates.

3.1.1.2 Immersion suits shall be approved as meeting the requirements of the Canadian General Standards Board Standard CAN/CGSB-65.16-2005 Marine Abandonment Immersion Suit Systems, as amended; or,

3.1.1.3 Immersion suits must meet section 2.3.2.2 of the LSA Code, which specifies a suit “made of material with inherent insulation.” In addition, the suit must provide inherent buoyancy.

3.2 Regulation 8 - muster list and emergency instructions

3.2.1 general.

3.2.1.1 Regulation 8 does not apply in respect of vessels to which the Fire and Boat Drills Regulations apply. Footnote 2

3.3 Regulation 19 - emergency training and drills

3.3.1 general.

3.3.1.1 Regulation 19.2, 19.3 and 19.5 do not apply in respect of vessels to which the Fire and Boat Drills Regulations apply.

3.4 Regulation 27 - information on passengers

3.4.1 general.

3.4.1.1 Regulation 27 does not apply in respect of vessels to which the Fire and Boat Drills Regulations apply.

3.5 Regulation 32 - personal life-saving appliances

3.5.1 regulation 32.3.2 - immersion suits.

3.5.1.1 Immersion suits must be provided regardless of whether a vessel is constantly engaged on voyages in warm climates.

1.1 The Canadian Supplement supersedes only those regulations identified in the Policy Acceptance of an Alternative Regulatory Regime for Inspection, Construction and Safety Equipment¸ approved by the Marine Safety and Security Executive on October 29, 2012. This annex includes information to highlight differences between SOLAS and ILO conventions related to construction or equipment.

IMPORTANT NOTE:

The annex 1 of the Canadian Supplement to the SOLAS Convention also includes reference to construction requirements in regulations that are not included in 1.1 of Annex 1 of the Policy of Acceptance of an Alternative Regulatory Regime. They are provided for the information of those using the Supplement. The regulations stating these requirements are not replaced by the current Policy and remain applicable.

2 SOLAS Chapter IV: Radiocommunications

2.1.1 the specific changes to solas chapter iv are given in the following paragraphs., 2.1.2 regulation 1 - application.

2.1.2.1 Despite regulation 1.2, Chapter IV applies to vessels navigating in the Great Lakes of North America.

2.1.3 Regulation 14 - performance standards

2.1.3.1 Radio equipment onboard a ship shall be of a type approved by a “competent authority” to the applicable IEC or ETSI standard for that equipment.

2.2 Additional regulations

2.2.1 general.

2.2.1.1 The following regulations may also impact construction and design. The list below includes the relevant sections of Canadian regulations, and the associated SOLAS regulation (in parentheses).

2.2.2 Ship Station (Radio) Regulations, 1999 (SOR/2000-260)

• Section 2 (Regulation 2 Terms and Definitions)
• Section 8, 16, 18 (Regulation 7 Radio Equipment: General)
• Section 7 (Regulation 9 Radio Equipment Sea Areas A1 and A2)
• Section 15 (Regulation 11 Radio Equipment Sea Areas A1, A2, A3 and A4)
• Section 19, 20 (Regulation 15 Maintenance Requirements)

2.2.3 Ship Station (Radio) Technical Regulations, 1999 (SOR/2000-265)

• Section 4, 26 (Regulation 15 Maintenance Requirements)
• Section 13 (Regulation 13 Sources of Energy)
• Section 41 (Regulation 17 Radio Records)

3 SOLAS Chapter V: Safety of navigation

3.1.1 navigation safety regulations.

3.1.1.1 The Navigation Safety Regulations (SOR/2005-134) contain requirements related to Chapter V of SOLAS. The specific changes can be found in the following sections of the regulations:

• Section 2 (Regulation 1 Application)
• Section 1 (Regulation 2 Definitions)
• Section 11 (Regulation 18 Approval, surveys and performance standards of navigational systems and equipment and voyage data recorder)
• Section 66, 64, 67, 68, 69, 70, 71, 75, 76 (Regulation 19 Carriage requirements for ship borne navigational systems and equipment)
• Section 74 (Regulation 23 Pilot transfer arrangements)

3.1.2 Voyage data recorder regulations

3.1.2.1 The Voyage Data Recorder Regulations (SOR/2001-203) contain requirements related to Regulation 20 - Voyage data recorders.

4 COLREG Convention

4.1 general, 4.1.1 collision regulations.

4.1.1.1 The Collision Regulations (C.R.C., 1416) contain the Canadian additions to the COLREG Convention (Convention on the International Regulations for Preventing Collisions at Sea). Canadian additions related to construction and equipment are with respect to the following sections of the COLREG Convention. The Collision Regulations specifically identify additions to the Convention, and the following sections of the regulations include additional construction and/or equipment requirements:

• Section 5 - Proof of Compliance - Lights, Shapes, Sound-Signaling Appliances and Radar Reflectors
• SCHEDULE 1 – International Regulations for Preventing Collisions at Sea, 1972, with Canadian Modifications
• RULE 1 Application
• RULE 21: Definitions
• RULE 22: Visibility of Lights
• RULE 24: Towing and Pushing - Composite Unit
• RULE 42: Additional Requirements for Exploration or Exploitation Vessels
• RULE 45: Blue Flashing Light
• RULE 46: Alternate System of Navigation Lights
• ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES
• ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

5.1 Vessel pollution and dangerous chemicals regulations

5.1.1.1 The Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69) put the MARPOL Convention into force. These regulations contain a significant number of operational requirements. The construction and equipment requirements over and above the Convention are as follows:

5.2 Annex 1 - regulations for the prevention of pollution by oil

5.2.1.1 In addition to the controls on discharges of oil set out in Annex I to MARPOL, Canadian regulations require Canadian vessels operating in the Canadian waters of the Great Lakes and the St. Lawrence River west of Anticosti Island to be equipped with 5 parts per million oily bilge alarms. These alarms shall comply with TP 12301: Standard for 5 ppm Bilge Alarms for Canadian Inland Waters .

5.3 Annex IV - regulations for the prevention of pollution by sewage from ships

5.3.1.1 Untreated sewage may not be discharged within inland waters. Canadian vessels shall be:

• Fitted with a marine sanitation device that meets standards in MARPOL Annex IV: Regulations for the Prevention of Pollution by Sewage from Ships, and
• A marine sanitation device that produces an effluent with a fecal coliform count that is equal to or less than 14/100 ml, or
• A holding tank that meets Canadian standards as defined in section 88 of the Vessel Pollution and Dangerous Chemicals Regulations , included here for reference:

Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69)

88. For the purposes of subsection 86(1), a holding tank must:

• be constructed so that it does not compromise the integrity of the hull;
• be constructed of structurally sound material that prevents the tank contents from leaking;
• be constructed so that the potable water system and other systems cannot become contaminated;
• be resistant to corrosion by sewage;
• have an adequate volume for the amount of sewage that could be reasonably expected to be produced on a voyage in waters where the discharge of sewage is not authorized by section 96;
• be provided with a discharge connection and piping system for the removal of the tank contents at a reception facility;
• be designed so that the level of sewage in the tank can be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows the determination to be made;
• in the case of a vessel, other than a pleasure craft, that operates solely on the Great Lakes and their connecting waters, be equipped with an alarm that indicates when the tank is 75% full by volume; and
• has its outlet located on the exterior of the vessel and in a safe location away from ignition sources and areas usually occupied by people,
• prevents the build-up within the tank of pressure that could cause damage to the tank,
• is designed to minimize clogging by the contents of the tank or by climatic conditions such as snow or ice,
• is constructed of material that cannot be corroded by sewage, and
• has a flame screen of non-corrosive material fitted to the vent outlet

6 Maritime occupational health and safety

6.1 general.

6.1.1.1 Responsibility for Occupational Health and Safety is divided among several jurisdictions. For vessels trading within a single province (e.g., a ferry), adherence to that province’s occupational health and safety regulations are required.

6.1.1.2 For vessels under federal jurisdiction (including interprovincial ferries, cargo ships trading between provinces, etc.), the Maritime Occupational Health and Safety Regulations (SOR/2010-120) apply. These Regulations are created under the Canada Labour Code (R.S.C., 1985, c. L-2) , not the Canada Shipping Act, 2001 . An exemption process (equivalent to the Marine Technical Review Board) does not exist for the MOHS Regulations. These Regulations contain construction requirements, particularly related to accommodations.

6.2 Maritime labour convention, 2006

6.2.1 general.

6.2.1.1 Vessels following the Canadian Supplement to the SOLAS Convention as part of their regulatory regime shall comply with the Maritime Labour Convention and its requirements, when it enters into force.

6.2.1.2 Vessels complying with the construction requirements of the MLC 2006 are considered to meet the construction requirements of the Maritime Occupational Health and Safety Regulations (SOR/2010-120) and the Crew Accommodation Regulations (C.R.C., c. 1418) , as long as the following additional requirements are met:

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

24. (3) The deck covering in all crew accommodation must

• be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee; and
• have sufficient drainage

36. (3) The bedding set must, at a minimum, consist of the following items of appropriate size for the berth:

• one pillow;
• one pillow case;
• two flat bedsheets; and
• one blanket.

6.2.2 Ventilation by mechanical means

56. (4) If an employer provides ventilation by mechanical means, the amount of air provided for a type of room set out in column 1 of the table to this subsection must be no less than that set out in column 2.

(5) If an employer provides for the ventilation of a galley or a canteen by mechanical means, the rate of change of air must be at least 9 l/s for each employee who is normally employed in the galley at any one time or for each employee who uses the canteen at any one time, as the case may be.

6.2.3 Noise level

161. (2) Subject to subsection (3), if it is not reasonably practicable for an employer to maintain the level of sound in the work place at less than 85 dB, an employee must not be exposed in any 24-hour period

• to a level of sound set out in column 1 of the table to this section for a number of hours that is more than the number set out in column 2; or
• to any combination of the different levels of sound set out in column 1 of the table to this section, if the number of hours of exposure to each level of sound divided by the maximum number of hours of exposure for that level per 24-hour period set out in column 2 of the table to this section is more than one.

(3) An employee must not be exposed to a continuous level of sound in crew accommodation that is more than 75 dB.

6.2.4 Hazard investigation

162. (1) If it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in the section above, the employer must

• appoint a qualified person to carry out an investigation of the degree of exposure;
• notify the work place committee or the health and safety representative of the investigation and of the name of the person appointed to carry out the investigation; and
• meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and
• reduces the level of sound reaching the employee’s ears to less than 85 dB

(2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place must be performed instantaneously, in normal working conditions, using the slow response setting of a sound level meter

(3) During the investigation referred to in subsection 1, the following matters must be considered:

• the sources of sound in the work place;
• the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of that exposure;
• the methods being used to reduce the exposure;
• whether the exposure of the employee is likely to be more than the limits prescribed by section 161; and
• whether the employee is likely to be exposed to a noise exposure level equal to or greater than 85 dBA

(4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, as the case may be, the person appointed to carry out the investigation must set out in a written report signed and dated by the person

• observations respecting the matters considered under subsection (3);
• recommendations respecting the measures that are to be taken in order to comply with section 161; and
• recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA and not greater than 87 dBA

(5) The report must be kept by the employer at the work place where it applies for a period of 10 years after the day on which the report is submitted

(6) If it is stated in the report that employees are likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA, the employer must, without delay

• post and keep posted a copy of the report in a conspicuous place in the work place where it applies; and
• provide the employees with written information describing the hazards associated with exposure to high levels of sound.

6.3 ILO convention 152 - occupational safety and health (dock work) convention, 1979

6.3.1 general.

6.3.1.1 Vessels following the Canadian Supplement to the SOLAS Convention as part of their regulatory regime shall comply with the requirements of the Cargo, Fumigation and Tackle Regulations, Part 3, Division 1 – Cargo Gear (SOR/2007-128) , applicable to lifting appliances that are part of the vessel’s equipment.

7 Regulations under other departments

7.1.1 general.

7.1.1.1 Other Federal Departments also have regulations which have an impact on the design and construction of ships. The following regulations apply to Canadian vessels, but do not fall under the jurisdiction of Transport Canada.

7.1.2 Potable water regulations for common carriers

7.1.2.1 Under the jurisdiction of the Minister of Health, the Potable Water Regulations for Common Carriers (C.R.C., c. 1105) contain specific requirements for carriage of potable water on Canadian passenger vessels, including restrictions on the location of potable water tanks. These regulations are under the authority of Health Canada.

7.1.3 Non-smokers’ health regulations

7.1.3.1 Under the jurisdiction of the Minister of Labour, the Non-smokers’ Health Regulations (SOR/90-21) contain specific requirements related to the designation of smoking areas.

Canadian Supplement To The Solas Convention (PDF, 355 KB)

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What are Near Coastal waters?

Near Coastal waters extend up to 200 nm for Master/Mate and 100 nm for OUPV.

Near-coastal means ocean waters not more than 200 miles offshore from the U.S. and its possessions, except for MMCs endorsed as Operator of Uninspected Passenger Vessel for which near-coastal is limited to waters not more than 100 miles offshore from the U.S. and its possessions.

This means your Master or Mate NC license is valid out to 200 nautical miles; or if you have an OUPV license, it is valid out to 100 nm.

Can I work on inland waters?

Yes. Any license or MMC endorsement issued for service as master, mate or OUPV on near-coastal waters qualifies the mariner to serve in the same grade on Great Lakes and inland waters, except towing vessels upon western rivers subject to the limitations of the endorsement.

What is the difference between Inland and Near Coastal?

Inland waters are defined as the navigable waters of the United States shoreward of the Boundary Lines, and excluding the Great Lakes. Inland waters include rivers, entrances to small bays, inlets, harbors, and the ends of breakwaters or jetties.

In the hierarchy of Coast Guard waters , inland is the lowest level. Great Lakes is the next higher level, then Near Coastal. A 100 GRT Master Inland is not allowed to operate on the Great Lakes or Near Coastal waters as a 100 GRT Master.

How do I upgrade from Inland to Near Coastal?

Because you hold a Master 100 GRT Inland under 46 CFR § 11.457 you can take an "Upgrade" course from Master 100 ton from Inland to Near Coastal. These are short classes and they cover two USCG tests for you: Q150 - Deck General and Q152 - Navigation General: Oceans or Near Coastal.

If you hold a Master 100 GRT Inland under 46 CFR § 11.457 and want to become a Master 100 GRT Near Coastal, we recommend taking an Upgrade USCG Approved Course once you have 720 sea days in the deck department, with 360 days on Near Coastal or Ocean Waters.

What are the towing limitations?

Before serving as master or apprentice mate, based on current credentials, of towing vessels on the Western Rivers, mariners must possess 90 days of observation and training and their MMC must include an endorsement for Western Rivers.

Do I have to update my MMC to receive this endorsement?

Yes. You will have to meet the requirements for the towing endorsement for Western Rivers and apply for an Increase in Scope which is also called a Modification.

We hope this made your life a little easier and if you have other questions the MM-SEAS team is always here to help!

MM-SEAS is free to use on your own and if you need some more personalized help you can upgrade to MM-SEAS Pro inside of the site.

No matter what, when you are ready to submit your application, you can choose to have the MM-SEAS staff create a perfect application, handle the USCG application fees and work with the USCG on your behalf to resolve any issues for a flat fee of $349 or you can choose to submit on your own.

Pro MM-SEAS members get access to unlimited live 1 on 1 calls with one of our USCG Licensing Specialists. We've found that answering questions live with screen sharing in a video call makes both of our lives easier. Pro MM-SEAS members can access these features inside of MM-SEAS under License Guidance.

Need to renew, upgrade or get your first USCG license? We're here to help.

About the author.

Nate has over 15 years of professional maritime experience and has hawsepiped his way to a 3rd Mate Unlimited Endorsement with full STCW compliance. He is proud veteran of the NOAA Commissioned Corps.

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

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Regulations are current to 2024-04-16 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.

Table of Contents

Near-Coastal Voyage

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Definition(s)

Near-coastal voyage means a voyage in the vicinity of the coast of a State as defined by the Administration of that State.

Source:  IMO resolution MSC.267(85), International Code on Intact Stability, 2008 (2008 IS Code), 4 December 2008, International Maritime Organization. Regulatory Guidance

Source: IMO Resolution MSC.267(85), adoption of the International Code on Intact Stability, 2008 (2008 IS Code), 4 December 2008, International Maritime Organization. Regulatory Guidance

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Clarifications regarding qualifying sea service requirements for NCV Certification of candidates for examination and revalidation purposes. (Refer TEAP A, Flow Diagrams III/11-5 & 11-6)

Sub: clarification regarding qualifying sea service requirements for ncv certification of candidates for examination and revalidation purposes, (a) condoning of sea service performed on ships with propulsion power more than 3000 kw for ncv certification :.

There have been applications received at the Directorate from Mercantile Marine Departments (MMDs), of candidates for Near Coastal Voyage (NCV) Certification wherein the qualifying sea service submitted by the candidates has been found to be performed on ships with propulsion power more than 3000 kW and/or outside NCV (BIMMS) area.

The matter has been deliberated at the Directorate and it is decided to condone the applications already received at the Directorate till the date of issue of this circular i.e. 23.12.2008. This is being done as various stakeholders, which includes following, have erroneously misinterpreted the qualifying sea service requirements for NCV certification.

            Training institutes undertaking preparatory courses

            Training officers of the companies

             Assessment and examination centres (MMDs) etc.

(B) Clarification regarding sea service requirements:

          (i) Minimum sea service requirements for certification as MEO Class IV

(NCV) {Rule25.2.(iii) of META Manual Vol I }:

Every candidate for MEO Class IV (NCV) certification shall have completed for a period of not less than six months approved sea going service with four months of propelling time as a trainee/junior engineer in the engine department on ships operated in Near Coastal Voyages (BIMMS Area) powered by main propulsion machinery of less than 3000 kW, which is duly documented in an approved TAR book as specified in section A-III/1 of the STCW Code as applicable to ships engaged in Near Coastal Voyages (NCV).

            (ii) Minimum sea service requirements for certification as MEO Class III (NCV- SEO) {Rule26.2.(ii) of META Manual Vol I }:

Every candidate for MEO Class III (NCV-SEO) certification shall have completed for a period of not less than one year approved sea going service with nine months of propelling time as an engineer officer in charge of an engineering watch in the engine department on ships operating in Near Coastal Voyages (BIMMS Area) powered by main propulsion machinery of less than 3000 kW.

              (iii) Minimum sea service requirements for certification as MEO Class III (NCV- CEO) {Rule27.2. (ii) of META Manual Vol I }:

Every candidate for MEO Class III (NCV-CEO) certification shall have completed for a period of not less than one year approved sea going service with nine months of propelling time as an engineer officer in charge of an engineering watch in the engine department on ships operating in Near Coastal Voyages (BIMMS Area) powered by main propulsion machinery of less than 3000 kW.

(C) (i) Sea service done by the candidates on dredgers operating in Near Coastal Voyages (BIMMS Area) and powered by main propulsion machinery of less than 3000 kW shall be accepted at full rate for NCV certification.

(ii) Sea service done by the candidates on OSV/MSV/SV operating in Indian oil fields and powered by main propulsion machinery of less than 3000 kW shall be accepted at full rate for NCV certification.

(iii) Sea service done by the candidates in ships operating on Indian lakes or rivers, or within smooth or partially smooth water limits i.e. within Indian port/harbour limits and powered by main propulsion machinery of less than 3000 kW shall count at half rate as qualifying sea service.

(iv) Sea service done by the candidates on ships operating in Near Coastal Voyages (BIMMS Area) and powered by main propulsion machinery of less than 750 kW shall count at half rate as qualifying sea service.

(D) Minimum sea service requirements for the purpose of revalidation of NCV certification {Rule 3.1 of Section M-I/10 of META Manual Vol I } :

       Every candidate for the purpose of revalidation of his NCV certification of any grade shall have completed for a period of not less than one year approved sea-going service on ships operating in Near Coastal Voyages (BIMMS Area) powered by main propulsion machinery of less than 3000 kW.

(E) Qualifying sea service or initial training if found to be insufficient:

        If after a candidate has passed an examination, it is discovered that the candidate's initial training or qualifying sea service or both was insufficient to entitle the candidate to appear for the examination, the certificate of competency shall not be granted until the candidate has performed the amount of sea service or training or both in which he was deficient, and has submitted relevant documents subsequently as proof of same.

(F) Hereby following instructions to Examiners circulars are repealed:

             (i) Instructions to Examiners Circular 77 dated 4th October 2004.

             (ii) Instructions to Examiners Circular 80 dated 1st November 2004.

This issues with the approval of the Chief Examiner of Engineers.