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

Marginal note:New vessels of more than 6 m but not more than 9 m

• 3.46 (1) The stability of a new fishing vessel that has a hull length of more than 6 m and not more than 9 m shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

• Marginal note:Demonstration of conformity with standards

  (2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the selected recommended practices and standards.

• Marginal note:Some activities — consistency with good practices

  (3) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Marginal note:New vessels of not more than 6 m

• 3.47 (1) The stability of a new fishing vessel that has a hull length of not more than 6 m shall conform to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

• Marginal note:Demonstration of conformity with TP 1332

  (2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

• Marginal note:Some activities — consistency with good practices

  (3) If Section 4 of TP 1332 does not contain standards respecting some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Stability Assessment and Stability Standards

Stability Assessment

Marginal note:Stability assessment required

• 3.48 (1) No person shall operate, or permit another person to operate, a fishing vessel in the following cases unless the vessel has successfully undergone a stability assessment conducted by a competent person:

  • (a) the vessel has a hull length of more than 9 m and

    • (i) it is new, or

    • (ii) it has undergone a major modification or a change in activity that is likely to adversely affect its stability;

  • (b) the vessel is an existing vessel of closed construction, is of more than 15 gross tonnage, is used for catching herring or capelin and, during the period beginning on July 6, 1977 and ending on the day before this Division comes into force,

    • (i) its keel was laid,

    • (ii) it was registered under Part 2 of the Canada Shipping Act, 2001, or under Part 1 the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985,

    • (iii) it was converted to herring or capelin fishing, or

    • (iv) it underwent any modifications that adversely affected its stability characteristics; or

  • (c) the vessel is fitted with an anti-roll tank.

• Marginal note:Type of assessment

  (2) The fishing vessel may undergo either a full or a simplified stability assessment, but shall undergo a full stability assessment

  • (a) if the vessel is carrying fish in bulk that exhibit free surface effect, unless

    • (i) the fish are carried in containers such as pails, boxes or tote tanks of which none exceed one third of the breadth of the vessel, or

    • (ii) the fish hold or deck is divided by two fishtight longitudinal divisions, secured in place;

  • (b) if the vessel is carrying fish or liquids that exhibit free surface effect in containers such as live wells, tote tanks or tanked fish holds of which any exceed one third of the breadth of the vessel and

    • (i) are not designed to be used at maximum capacity only,

    • (ii) are not filled before the vessel’s departure or in calm waters, and

    • (iii) are not fitted with an alarm to indicate when the tank is not at maximum capacity;

  • (c) if the vessel is fitted with an anti-roll tank; or

  • (d) if the vessel is new and has a hull length of more than 18 m.

• Marginal note:Major modification

  (3) In this section, major modification means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability.

Stability Standards

Marginal note:Simplified stability assessment

• 3.49 (1) The stability of a fishing vessel that undergoes a simplified stability assessment shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

• Marginal note:Some activities — consistency with good practices

  (2) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Marginal note:Full stability assessment

• 3.5 (1) The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

• Marginal note:Some activities — consistency with good practices

  (2) If the standards set out in the IS Code do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Persons and Organizations Competent to Conduct a Stability Assessment

Marginal note:Regulatory authorization — full or simplified stability assessment

3.51 The following persons and organizations are competent to conduct a full or simplified stability assessment:

• (a) an engineer who is a member in good standing of the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or a state of the United States;

• (b) a classification society; and

• (c) a person who has at least three years of post-secondary education in the field of naval architecture, who is a member in good standing of an order or an association of technologists or technicians of a province of Canada, and who has at least five years’ experience in the marine transportation industry.

Marginal note:Regulatory authorization — simplified stability assessment

• 3.52 (1) The following persons are competent to conduct a simplified stability assessment if they have received training, from a training institution or any other organization, in the application of the standards used to conduct a simplified stability assessment and if they have practical experience in the application of those standards:

  • (a) a marine surveyor who is a member in good standing of a national association of accredited or certified marine surveyors of Canada or of the United States; and

  • (b) a builder, manufacturer or rebuilder of fishing vessels.

• Marginal note:Training with competent person

  (2) A person who meets the following requirements is also competent to conduct a simplified stability assessment:

  • (a) the person has received training from a competent person in the application of the standards used to conduct a simplified stability assessment; and

  • (b) the person has, after receiving the training, acquired practical experience in the application of those standards.

Marginal note:Designation by Minister — full or simplified stability assessment

• 3.53 (1) The Minister shall designate a person or class of persons as competent to conduct a full or simplified stability assessment if the person or class of persons has received training in the application of the standards that will be used to conduct the assessment and has the knowledge and experience to conduct the assessment.

• Marginal note:Contact information of applicant for designation

  (2) A person who applies to the Minister to be designated as competent to conduct a full or simplified stability assessment shall provide the Minister with the person’s contact information.

Marginal note:Update of contact information

3.54 A person designated by the Minister as competent to conduct a full or simplified stability assessment shall provide the Minister with updated contact information as soon as possible.

Marginal note:Cancellation of designation

3.55 The Minister shall cancel the designation of a person or class of persons as competent to conduct a full or simplified stability assessment if the Minister has reasonable grounds to believe that the person or class of persons no longer meets the criteria for the designation or, in the case of a person, that the person has acted fraudulently in the performance of his or her duties.

Marginal note:Suspension of designation

3.56 The Minister shall suspend the designation of a person as competent to conduct a full or simplified stability assessment if the person does not provide the Minister with updated contact information.

Obligations — Competent Person

Marginal note:Assessment of compliance

3.57 A competent person who conducts a stability assessment for a fishing vessel shall

• (a) verify whether the vessel conforms to the stability standards that are applied to the vessel and, if those standards do not take into account some of the activities of the vessel, assess the impact of those activities on the stability of the vessel;

• (b) provide the authorized representative of the vessel, in English or French or in both, according to the needs of the crew, with a stability booklet in the case of a full stability assessment, or with a record of stability in the case of a simplified stability assessment, that sets out

  • (i) the stability standards that were applied to the vessel,

  • (ii) information, in the form and manner set out in the standards, respecting the stability characteristics of the vessel and, if those standards do not take into account some of the activities of the vessel, the results of the assessment of the impact of those activities on the stability of the vessel,

  • (iii) the vessel’s safe operating limits, and

  • (iv) a signed declaration confirming, on the basis of the information provided to the competent person by the authorized representative, that the stability characteristics of the vessel conform to the standards that were applied to vessel; and

• (c) prepare a stability notice for the vessel that sets out

  • (i) the stability standards that were applied to the vessel for the stability assessment,

  • (ii) a graphical representation, including a description or legend, of the operational practices necessary to operate the vessel within the safe operating limits set out in the vessel’s stability booklet or record of stability, and

  • (iii) a statement indicating whether the vessel has been assessed for operations in freezing spray conditions.

Obligations

Marginal note:Stability booklet or record of stability

• 3.58 (1) The authorized representative of a fishing vessel

  • (a) shall provide the competent person who prepares the stability booklet or record of stability with information that sets out the configuration and activities of the vessel;

  • (b) shall provide the Minister with a copy of the stability booklet or record of stability upon request; and

  • (c) shall ensure that a copy of the stability booklet or record of stability is kept on board the vessel.

• Marginal note:Transfer of ownership

  (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the vessel’s stability booklet or record of stability.

Marginal note:Safe operating limits

3.59 A fishing vessel shall be operated within its safe operating limits and in accordance with the information set out in the stability booklet or record of stability.

Stability Notice

Marginal note:Accessibility of and familiarity with stability notice

• 3.6 (1) The stability notice for a fishing vessel shall be posted in a conspicuous location on board the vessel, and the crew shall be familiar with its content.

• Marginal note:Transfer of ownership

  (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the stability notice for the vessel.

Operational Procedures

Marginal note:Written procedures

• 3.61 (1) If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.57(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

• Marginal note:Written procedures carried on board

  (2) The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

Draft Marks

Marginal note:Permanent draft marks

3.62 A fishing vessel that has undergone a full stability assessment shall be permanently marked, forward and aft, with draft marks or other means of accurately identifying the draft.