Crew Accommodation Regulations (C.R.C., c. 1418)

Regulations are current to 2017-09-14 and last amended on 2007-07-01. Previous Versions

Crew Accommodation Regulations

C.R.C., c. 1418

CANADA SHIPPING ACT, 2001

Regulations Respecting Crew Accommodation in Canadian Ships

Short Title

 These Regulations may be cited as the Crew Accommodation Regulations.

Interpretation

 In these Regulations,

Act

Act means the Canada Shipping Act; (Loi)

apprentice

apprentice includes a cadet and a midshipman; (apprenti)

Board

Board means the Board of Steamship Inspection; (Bureau)

crew

crew means the officers, seamen and apprentices of a ship; (équipage)

inspector

inspector means a steamship inspector appointed under the Act; (inspecteur)

new ship

new ship means

  • (a) a ship the keel of which was laid on or after March 5, 1964, or

  • (b) a ship that is registered in Canada on or after March 5, 1964, having previously been registered elsewhere than in Canada; (navire neuf)

sanitary accommodation

sanitary accommodation means washing accommodation and accommodation containing water closets or urinals; (installations sanitaires)

sleeping room

sleeping room does not include a hospital ward. (poste de couchage)

Applications and Exemptions

  •  (1) These Regulations apply to every ship required to be registered under the Act other than a fishing vessel, a pleasure yacht or a ship that is used for pulling or pushing any floating object.

  • (2) The Board, or any inspector authorized by the Board, may, if it is considered appropriate to do so in the circumstances, exempt from the requirements of these Regulations

    • (a) any ship that is not a new ship;

    • (b) any ship under construction;

    • (c) any ship undergoing trials;

    • (d) any ship of under 300 tons, net registered tonnage;

    • (e) any ship that is primarily employed in a harbour, river, estuary, lake or canal;

    • (f) any passenger steamship in respect of which there is in force a passenger certificate limiting it to voyages other than foreign, home-trade Class I, home-trade Class II or inland Class I voyages; and

    • (g) any ship engaged in the whaling or sealing industry.

  • 1987, c. 7, s. 84(F).

Protection of Crew Accommodation

 The crew accommodation in every ship and the means of access to and egress from shall be constructed and arranged so as to provide to the greatest extent practicable for

  • (a) the protection of the crew against injury;

  • (b) the protection of the accommodation against the weather and the sea;

  • (c) the insulation of the accommodation from excessive heat and cold;

  • (d) the protection of the accommodation against moisture due to condensation; and

  • (e) the exclusion from the accommodation of effluvium originating in other spaces in the ship.

Lighting

  •  (1) Subject to subsections (2) to (4), every part of the crew accommodation of a ship other than pantries, laundries, drying rooms, lockers and store rooms shall be properly lighted by natural light.

  • (2) Where, in any space in a passenger steamer or in a ship engaged in the whaling or sealing industry, it is impracticable to provide proper natural light, natural light is not required if adequate electric light is always available in that space.

  • (3) A ship may be exempted from the requirement of subsections (1) and (2) in respect of sanitary accommodation and passageways to the extent that it is considered that compliance therewith is unreasonable or impracticable in the circumstances.

  • (4) The natural lighting of a sleeping room, mess room, recreation room or hospital ward is sufficient for the purposes of this section if it is sufficient to enable a person of normal vision to read a newspaper at any point in the room, being a point available for free movement, during daylight and in clear weather.

  •  (1) In each ship an electrical system and an efficient alternative system of lighting or source of electric power shall be installed each of which shall be capable of providing adequate lighting in every part of the crew accommodation.

  • (2) The electric lights shall be so arranged as to provide maximum benefit to the crew and shall include one reading light fitted at the head of each bed in a sleeping room or hospital ward, which light

    • (a) shall be capable of being switched on and off from the bed; and

    • (b) shall have a lamp capable of emitting an illumination of at least 270 lx.

  • (3) A ship under 500 tons may be exempted from the requirements of section 5 and this section to the extent that

    • (a) compliance with this section is unreasonable or impractical in the circumstances; and

    • (b) other suitable artificial lighting is provided for the crew accommodation.

  • (4) For the purpose of this section, the electric lighting of a space is adequate if, when the lamps and paintwork are new, the illumination at a height of 840 mm above the floor at every point midway between

    • (a) two adjacent lamps, and

    • (b) any lamp and the boundary of the space,

    is in accordance with the following table, subject to a tolerance of 10 per cent.

    TABLE

    Space to be illuminatedRequired illumination
    1Passageways, companionways, hospital wards54 lx
    2Sleeping rooms, mess rooms, recreation rooms, store rooms, sanitary accommodation, laundries108 lx
    3Galleys, bakeries, pantries, offices, studies215 lx at working positions
  • (5) For the purpose of subsection (4), reading lights at the heads of beds shall not be taken into account in determining the illumination of a space except in the case of a sleeping room that accommodates only one person.

  • SOR/78-77, s. 1.

Ventilation

  •  (1) The enclosed parts of the crew accommodation of a ship shall be ventilated by a system that will maintain the air therein in a state of purity adequate for the health and comfort of the crew.

  • (2) The ventilation system referred to in subsection (1) shall be capable of being so controlled as to ensure a sufficiency of air movement under all conditions of weather and climate to which the ship is likely to be subjected during the voyages on which it is intended to be engaged and shall be additional to any side scuttles, skylights, companionways, doors or other apertures not intended solely for ventilation.

  • (3) Every enclosed space forming part of the crew accommodation, being a space not ventilated by a trunked mechanical ventilation system, shall be provided with a natural system of inlet and exhaust ventilation.

  • (4) Every inlet ventilator forming part of the system referred to in subsection (1) being a ventilator situated in the open air, shall be of a cowl or other equally efficient type and shall be so situated that, as far as is practicable, it is not screened from the wind in any direction.

  • (5) No ventilator shall be situated directly over a doorway, stairway or exhaust opening.

  • (6) In spaces containing water closets, there shall be provided adequate natural ventilation regardless of any mechanical ventilation fitted therein, except that in a space containing one water closet for the use of not more than two persons, natural ventilation may be omitted if an adequate system of mechanical exhaust ventilation is fitted.

  • (7) The sectional area of every part of an inlet and exhaust system, other than a part serving only a drying room or locker, shall be

    • (a) at least 3870 mm2 for each person for whose use at any one time the space is appropriated; and

    • (b) not less than 12 260 mm2 at any point in the system.

  • (8) The effective area of the inlet and exhaust system serving each space shall be capable of being adjusted from fully open to a minimum of 1935 mm2 for each person likely to use the space at any one time.

  • SOR/78-77, s. 2.

Drainage

  •  (1) Efficient drainage by pipes or channels shall be provided for every part of the crew accommodation situated on an open deck wherever such drainage is necessary for clearing water shipped from the sea.

  • (2) There shall be no drainage from any source that is not sanitary accommodation into sanitary accommodation forming part of the crew accommodation.

  • (3) Every space appropriated for use as sanitary accommodation shall be served by one or more scuppers that do not serve any space other than sanitary accommodation.

  • (4) The scuppers referred to in subsection (3) shall be at least 50 mm in diameter and shall, subject to subsection (3), be situated wherever water is likely to collect on the floor of the space.

  • (5) No scupper shall be required in any washing accommodation that is for the sole use of one person.

  • SOR/78-77, s. 3.

Measuring and Marking

  •  (1) Subject to subsection (2), every sleeping room forming part of the accommodation for seamen or apprentices in any ship over 300 tons, net registered tonnage, and for which a deduction from tonnage is to be authorized, shall have

    • (a) a minimum floor area of 1.394 m2, exclusive of spaces occupied by berths, for each person for which it is certified;

    • (b) a cubical content of not less than 3.4 m3 per person; and

    • (c) a notice as to the number of men it is constructed to accommodate stating “CERTIFIED TO ACCOMMODATESEAMEN”

      • (i) permanently cut in a beam and cut in or painted on or over the doorway or hatchway of the space,

      • (ii) fitted over the door inside the space on a permanently fastened metal plate having embossed raised lettering or centre punching, or

      • (iii) cut in and painted over the door inside the space.

  • (2) In estimating the size of a sleeping room for any seamen and apprentices under subsection (1), the space occupied by any mess room, bathroom or washroom appropriated exclusively for the use of those seamen and apprentices may be taken into account to such extent as does not reduce the actual space in which those men sleep to less than

    • (a) a cubic content of 2.04 m3 for each person for whom the space is certified; and

    • (b) a floor area of 1.115 m2 per person exclusive of spaces occupied by berths.

  • (3) The sleeping spaces appropriated for officers and crew shall not be certified to accommodate a larger number of seamen than the number for whom beds are provided at the time of measurement.

  • (4) Parts of a space that do not form reasonable accommodation for the men shall not be included in the measurement of crew space and, without restricting the generality of the foregoing, there shall not be included in the measurement of the crew space

    • (a) any narrow triangular spaces wherever situated;

    • (b) any recessed places under ladder ways that are too narrow and confined for a man to stand in or move about in;

    • (c) any spaces outside the inner side of a gutter waterway or the inner side of a raised covering board; and

    • (d) in the case of a space where the sides tumble home, any space outside a vertical line from the floor meeting the side at a height of 1.83 m.

  • SOR/78-77, s. 4.

Deductions from Registered Tonnage

 A deduction from the registered tonnage of a ship for crew accommodation shall not be authorized unless appropriate and properly constructed toilet accommodation is provided for the use of the crew.

Non-deductible Space

 In the measurement of a ship for the purpose of ascertaining her registered tonnage, no deduction shall be allowed for

  • (a) any space appropriated for the storage of fresh water for the use of the crew;

  • (b) any excess in volume of the space appropriated for the storage of provisions, other than fresh water, for the crew over 15 per cent of the total volume of the other spaces provided in the ship as crew accommodation and accommodation for the master of the ship;

  • (c) any space forming part of the crew accommodation that has not been first included in the measurement of the ship’s tonnage; and

  • (d) any sleeping space containing more beds than the number of beds necessary for the number of seamen that the space is certified to accommodate.

Inspection

  •  (1) The crew accommodation in every ship shall be inspected by an inspector whenever

    • (a) the ship is registered or re-registered in Canada;

    • (b) substantial alterations or repairs are made to any part of the crew accommodation in the ship;

    • (c) the number of persons accommodated in any sleeping room is increased above that marked in accordance with section 9;

    • (d) in the opinion of an inspector, there is reason to believe that any of the provisions of these Regulations have been contravened in respect of that ship, or that any condition subject to which the ship has been exempted from a requirement of these Regulations has not been satisfied;

    • (e) a request for an inspection of the crew accommodation has been made by or on behalf of the owner of the ship or of any organization which appears to be representative of the owners of Canadian ships or of the seamen concerned; or

    • (f) a complaint has been lodged in the manner set out in subsection (2).

  • (2) A complaint referred to in subsection (1) shall

    • (a) be in writing, signed by three members of the crew;

    • (b) specify the respects in which it is alleged that the crew accommodation in the ship does not comply with these Regulations;

    • (c) be lodged without undue delay; and

    • (d) be lodged at least 24 hours before the ship is due to sail, unless the ship is in port for less than 24 hours.

Fees

  •  (1) Subject to subsection (2), the fee payable by the master of a ship for an inspection, and for travelling time related to the inspection, that is made pursuant to subsection 12(1) and carried out during the hours set out in column I of an item of the table to this subsection is the greater of the fees set out in columns II and III of that item.

    TABLE

    Column IColumn IIColumn III
    ItemHours of inspection and travelling timeFee per hour or fraction of an hourMinimum Fee
    1Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday$45$ 45
    2Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday70140
    3Any hour on a Sunday99297
    4Other hours70210
  • (1.1) Where the inspection and travelling time occur during hours that are set out in column I of more than one item of the table to subsection (1), the fee payable is the aggregate of the fees determined in respect of each applicable item.

  • (2) No fee shall be payable for an inspection made

    • (a) where the ship is registered, re-registered or re-measured; or

    • (b) where an inspection is made pursuant to a complaint made under paragraph 12(1)(f) and the complaint proves to be unjustified.

  • SOR/94-339, s. 1;
  • SOR/95-268, s. 1;
  • SOR/97-386, s. 2;
  • SOR/98-123, s. 4(E).
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