Fishing Vessel Safety Regulations (C.R.C., c. 1486)

General Prohibitions

Marginal note:Before first putting into service

• 3.06 (1) The authorized representative of a fishing vessel shall not operate, or permit another person to operate, the fishing vessel unless, before the vessel is first put into service, its authorized representative has informed the Minister of

  • (a) the intention to operate the vessel or permit its operation;

  • (b) the physical characteristics of the vessel; and

  • (c) the nature of its operation.

• Marginal note:Information provided to Minister

  (2) The authorized representative of a fishing vessel shall provide the Minister, on request, with information respecting the physical characteristics of the fishing vessel and the nature of its operation.

Marginal note:Exceeding design limitations

3.07 No person shall operate, or permit another person to operate, a fishing vessel under circumstances that exceed its design limitations.

Marginal note:Careless operation

3.08 No person shall operate a fishing vessel in a careless manner, without due care and attention or without reasonable consideration for other persons.

Marginal note:Safety of persons on board jeopardized

3.09 No person shall operate, or permit another person to operate, a fishing vessel in environmental conditions or circumstances that could jeopardize the safety of persons on board unless a lifejacket required by this Part, or a personal flotation device that meets the requirements of section 3.2, is worn

• (a) by all persons on board, in the case of a fishing vessel that has no deck or deck structure; or

• (b) by all persons on the deck or in the cockpit, in the case of a fishing vessel that has a deck or deck structure.

General Requirements

Marginal note:Openings closed at sea

3.1 When a fishing vessel is at sea, openings on the vessel that are exposed to the weather and to the sea and that can be closed shall be kept closed unless they must be kept open for the operation of the vessel, in which case they shall be closed immediately if there is a danger of water entering the interior spaces of the hull.

Marginal note:Stowage of tools and spare parts

3.11 Tools and spare parts necessary for performing routine maintenance on and minor repairs to machinery, electrical equipment and installations shall be carried on board a fishing vessel and securely stowed in a readily accessible location.

Marginal note:Record of modifications affecting stability

3.12 The authorized representative of a fishing vessel shall ensure that a record is kept of any modification or series of modifications that affects the stability of the vessel. The record shall be in the form and manner specified by the Minister.

Fuel

Marginal note:Engine space blower

3.13 No person shall start a gasoline-powered fishing vessel unless the engine space blower has been operated for a period of not less than four minutes immediately before the engine is started.

Marginal note:Leakage of fuel

• 3.14 (1) No person shall permit fuel leakage within or from a fishing vessel.

• Marginal note:Discharge of fuel or oil

  (2) No person shall permit fuel or oil to be discharged from a fishing vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in section 5 of Part 1 and Subdivision 4 of Division 1 of Part 2 of the Vessel Pollution and Dangerous Chemicals Regulations.

• Marginal note:Fuelling

  (3) No person shall fuel a gasoline-powered fishing vessel that is at dockside or beached unless

  • (a) if the vessel is equipped with a portable fuel tank, the tank is first removed from it; or

  • (b) if the vessel is equipped with a fixed fuel tank, the person fuelling the vessel is the only person on board.

• Marginal note:Fuelling — fixed fuel tank

  (4) No person shall fuel a gasoline-powered fishing vessel that is equipped with a fixed fuel tank unless all electrical equipment is switched off, all doors, windows and ports are closed, all engines are shut off and all open flames, including pilot lights, are extinguished.

• Marginal note:Portable container

  (5) No person shall carry liquid fuel on board a fishing vessel in a portable container that has not been designed to carry the fuel.

• Marginal note:Storage of portable fuel tank

  (6) A portable fuel tank containing fuel and carried on board a fishing vessel shall be stored as far away as practicable from heat and ignition sources, machinery spaces and crew’s quarters.

• Marginal note:Filling of fixed fuel tank

  (7) No person shall fill a fixed fuel tank on board a fishing vessel by means of a funnel, nozzle or similar device unless continuous contact is maintained between the shipboard filling pipe and the filling device immediately prior to and during the fuelling operation.

Marginal note:Portable fuel-burning equipment or appliance

3.15 Any portable fuel-burning equipment or appliance used on a fishing vessel shall be

• (a) used only in a well-ventilated location that is in an open space or on an open deck;

• (b) well secured to prevent its movement while in use; and

• (c) when not in use, stored in a well-ventilated location that is isolated from heat and ignition sources.

Safety Procedures

Marginal note:Written safety procedures

• 3.16 (1) Safety procedures shall be established in writing, in English or French or in both, according to the needs of the crew, and implemented to familiarize persons on board a fishing vessel with

  • (a) the location and use of all safety equipment;

  • (b) all the measures that must be taken to protect persons on board, in particular measures to prevent persons from falling overboard, measures to retrieve persons who have fallen overboard, measures to protect limbs from rotating equipment, and measures to avoid ropes, docking lines, nets and other fishing equipment that may pose a safety hazard to persons on board;

  • (c) in the case of beam trawling and purse seining operations, the quick release of loads that can be activated in an emergency;

  • (d) all the measures that must be taken to prevent fires and explosions on the vessel;

  • (e) if the vessel has a deck or deck structure, all the measures that must be taken to maintain watertightness and weathertightness and to prevent flooding of the interior spaces of the hull or, if the vessel has no deck or deck structure, all the measures that must be taken to prevent swamping of the vessel;

  • (f) all the measures that must be taken to ensure safe loading, stowage and unloading of fish catches, baits and consumables; and

  • (g) the operation of towing and lifting equipment and the measures that must be taken to prevent overloading of the vessel.

• Marginal note:Drills on procedures

  (2) Drills on the safety procedures shall be held to ensure that the crew is at all times proficient in carrying out those procedures.

• Marginal note:Record of drills

  (3) A record shall be kept of every drill.

Records

Marginal note:Record keeping — maintenance and drills

• 3.17 (1) A record on the maintenance of a fishing vessel and a record of a drill on the safety procedures shall be kept for a period of seven years after the day on which it is established.

• Marginal note:Record of modifications affecting stability

  (2) In the case of a fishing vessel that has undergone a stability assessment, a record of a modification or series of modifications that affects the stability of the vessel shall be kept until the vessel undergoes a new stability assessment that takes into account the modification or series of modifications.

• Marginal note:Transfer of ownership

  (3) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with any records kept in respect of the vessel.

Division 2Safety Equipment

Requirements

Marginal note:Prohibition

• 3.18 (1) No person shall operate, or permit another person to operate, a fishing vessel unless the safety equipment required by this Division is carried on board the vessel and the equipment meets the requirements of this Division.

• Marginal note:Replacement of safety equipment

  (2) However, equipment that was acquired before the day on which this Division comes into force may replace any safety equipment required by this Division if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

• Marginal note:Quantity in excess — previously acquired equipment

  (3) Any equipment that exceeds the quantity of safety equipment required and that was acquired before the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

• Marginal note:Quantity in excess — recently acquired equipment

  (4) Any equipment that exceeds the quantity of safety equipment required and that was acquired on or after the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of this Division.

• Marginal note:Other equipment

  (5) Any equipment that is not of a type referred to in this Division may be carried on board a fishing vessel if the equipment is not likely to be confused with safety equipment.

Standards and Approval

Marginal note:Mark or label indicating approval by Minister

• 3.19 (1) An immersion suit, anti-exposure suit, emergency boat, recovery boat or rescue boat that is referred to in these Regulations and that may be carried on board a fishing vessel shall bear a mark or label indicating that it is of a type approved by the Minister.

• Marginal note:Applicable standards and test

  (2) The Minister shall approve a type of equipment referred to in subsection (1) if it is shown to meet the applicable standards and tests referred to in Schedule X.

Marginal note:Mark or label — Small Vessel Regulations

• 3.2 (1) A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft referred to in these Regulations shall bear a mark or label indicating that it is of a type approved by the Minister under the Small Vessel Regulations.

• Marginal note:Alternative mark or label

  (2) Subsection (1) does not apply to a personal flotation device if it has been approved by the Director of Ship Safety of the Department of Transport or by the Department of Fisheries and Oceans and if it bears a mark or label indicating that it was approved by one of those departments or by the Canadian Coast Guard.

• Marginal note:Personal flotation device

  (3) An approved personal flotation device

  • (a) shall be fitted with retro-reflective tape and a whistle; and

  • (b) shall have an outer covering of a highly visible colour or, in the case of an inflatable personal flotation device, shall have an internal bladder of a highly visible colour.

Substitute Safety Equipment

Marginal note:Equivalent level of safety

• 3.21 (1) If the Minister determines that there are circumstances in which equipment other than the safety equipment required by these Regulations provides a level of safety at least equivalent to that provided by the required safety equipment, the other equipment may be substituted for the required safety equipment in those circumstances.

• Marginal note:Factors

  (2) To determine the level of safety provided by the substitute equipment in the circumstances, the Minister shall assess the following factors:

  • (a) the nature of the activity;

  • (b) the environmental conditions;

  • (c) the nature of the risks to which persons on board are exposed;

  • (d) the specific characteristics of the equipment;

  • (e) the recommended practices and standards to which the equipment conforms;

  • (f) the manner in which the equipment will be used; and

  • (g) the ability of the equipment to protect a person from injury.

• Marginal note:Mark or label

  (3) The substitute equipment shall bear a mark or label indicating that it conforms to the recommended practices and standards applicable to that type of equipment.

Accessibility and Maintenance

Marginal note:Requirements for safety equipment

• 3.22 (1) The safety equipment required by these Regulations shall

  • (a) be in good working order;

  • (b) be readily accessible and available for immediate use; and

  • (c) except for a life raft, be maintained and replaced in accordance with the manufacturer’s instructions or recommendations.

• Marginal note:Alterations

  (2) Safety equipment shall not be altered in any way that compromises its performance or that diminishes the integrity or readability of a marking set out in a standard related to it.

• Marginal note:Extinguishers

  (3) A portable fire extinguisher and a fixed fire extinguishing system required by these Regulations shall be kept fully charged.

Marks and Labels

Marginal note:English and French

3.23 A mark or label on the safety equipment required by this Division, and any related manufacturer’s instructions or recommendations, shall be in English and French.

First Aid Kit

Marginal note:Contents

3.24 A fishing vessel shall carry on board one of the following first aid kits, which shall be packed in a waterproof case that is capable of being tightly closed after use:

• (a) a marine emergency first aid kit that contains the following:

  • (i) an up-to-date first aid manual or up-to-date first aid instructions, in English and French,

  • (ii) 48 doses of analgesic medication of a non-narcotic type,

  • (iii) six safety pins or one roll of adhesive first aid tape,

  • (iv) one pair of bandage scissors or safety scissors,

  • (v) one resuscitation face shield,

  • (vi) two pairs of examination gloves,

  • (vii) 10 applications of antiseptic preparations,

  • (viii) 12 applications of burn preparations,

  • (ix) 20 adhesive plasters in assorted sizes,

  • (x) 10 sterile compression bandages in assorted sizes,

  • (xi) 4 m of elastic bandage,

  • (xii) two sterile gauze compresses,

  • (xiii) two triangular bandages, and

  • (xiv) a waterproof list of the contents, in English and French; or

• (b) a first aid kit that meets the requirements of the Maritime Occupational Health and Safety Regulations or of provincial regulations governing workers’ compensation, with the addition of a resuscitation face shield and two pairs of examination gloves if the kit is not required to contain them.