2. No ship of any class shall navigate in any shipping safety control zone prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act unless the ship complies with these Regulations.

2.1 [Repealed, SOR/2008-272, s. 5]

• 3. (1) Subject to subsection (2), these Regulations apply in respect of

  • (a) every Canadian ODAS and Canadian vessel located in any waters, including every Canadian vessel that is an exploration or exploitation vessel engaged in exploration or exploitation activities pursuant to a licence issued by the Government of Canada;

  • (b) every pleasure craft, foreign ODAS and foreign vessel located in Canadian waters, including every foreign vessel that is an exploration or exploitation vessel engaged in exploration or exploitation activities pursuant to a licence issued by the Government of Canada; and

  • (c) every seaplane on or over Canadian waters.

• (2) As provided for Canadian vessels in subsection 7(3) of the Act, where the laws of a country other than Canada are applicable to a Canadian ODAS that is within the waters of that country and those laws are inconsistent with these Regulations, the laws of that country prevail to the extent of the inconsistency in respect of the Canadian ODAS.

• (3) Where there is any inconsistency between a provision of the Rules and a provision of the Rules that falls under the heading “Canadian Modifications”, the latter provision prevails to the extent of the inconsistency.

• (4) These Regulations do not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces.

• (5) Where there is any inconsistency between a provision of Rule 1 and a provision of this section, the provision of this section prevails to the extent of the inconsistency.

4. The following persons shall ensure that the applicable requirements of sections 5 and 6 and of the Rules set out in Schedule 1 are met:

• (a) the authorized representative of a vessel and the master of a Canadian vessel;

• (b) the owner, the charterer and the operator of a pleasure craft or seaplane and the person in charge of a pleasure craft or seaplane; and

• (c) the owner of an ODAS.

• 5. (1) Each light, shape, sound-signalling appliance and radar reflector required by these Regulations to be carried or exhibited on a vessel, except those on a pleasure craft, shall have a proof of compliance stating that the light, shape, sound-signalling appliance or radar reflector meets the standards applicable under section 6.

• (2) The proof of compliance shall be in the form of

  • (a) a document that is carried on board the vessel in a readily accessible location; or

  • (b) a label that is securely affixed, in a readily visible location, to the light, shape, sound-signalling appliance or radar reflector.

• (3) A proof of compliance issued in a language other than English or French shall be accompanied by an English or French translation.

• (4) The proof of compliance shall be issued by

  • (a) a government that is a party to the Convention on the International Regulations for Preventing Collisions at Sea, 1972;

  • (b) a classification society recognized by a government referred to in paragraph (a) as able to determine whether the equipment meets the applicable standards specified in section 6; or

  • (c) an independent testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether the equipment meets the applicable standards specified in section 6.