Navigation Safety Regulations (SOR/2005-134)
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Regulations are current to 2012-05-14 and last amended on 2011-09-30. Previous Versions
Navigation Safety Regulations
SOR/2005-134
ARCTIC WATERS POLLUTION PREVENTION ACT
Registration 2005-05-10
Navigation Safety Regulations
P.C. 2005-807 2005-05-10
Whereas, pursuant to subsection 562.12(1)Footnote a of the Canada Shipping Act, a copy of the proposed Navigation Safety Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 27, 2004, and a reasonable opportunity was thereby afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;
Return to footnote aR.S., c. 6 (3rd Supp.), s. 78
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 314Footnote b, subsection 338(1)Footnote c, section 339Footnote d and paragraphs 562.1(1)(c)Footnote a and 657(1)(b)Footnote e of the Canada Shipping Act and subparagraph 12(1)(a)(ii) of the Arctic Waters Pollution Prevention Act, hereby makes the annexed Navigation Safety Regulations.
Return to footnote bR.S., c. 6 (3rd Supp.), s. 35
Return to footnote cS.C. 1998, c. 16, s. 8
Return to footnote dS.C. 1994, c. 41, par. 37(1)(y)
Return to footnote eR.S., c. 6 (3rd Supp.), s. 84
INTERPRETATION
1. (1) The following definitions apply in these Regulations.
- “Act”
“Act” means the Canada Shipping Act. (Loi)
- “bulk carrier”
“bulk carrier” means a ship that is registered under the Act as a bulk carrier. (vraquier)
- “chemical carrier”
“chemical carrier” means a ship that is specially constructed or adapted for the carriage of dangerous chemicals and is engaged in the carriage of those chemicals. (transporteur de produits chimiques)
- “competent authority”
“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 ships recognized by a government referred to in paragraph (a); and
(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 Schedule 1 or to perform audits of quality control systems, as the case may be. (autorité compétente)
- “company”
“company”
(a) in respect of a Canadian ship, means its authorized representative; and
(b) in respect of any other ship, has the meaning assigned by Regulation 1 of Chapter IX of the Safety Convention. (compagnie)
- “gas carrier”
“gas carrier” means a cargo ship that was constructed or adapted, and that is used, 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. (transporteur de gaz)
- “IMO”
“IMO” means the International Maritime Organization. (OMI)
- “inspector”
“inspector” means a steamship inspector appointed under section 301 of the Act or a person, classification society or other organization authorized under section 317.1 of the Act to conduct inspections. (inspecteur)
- “length”
“length”, with respect to a ship, means its overall length. (longueur)
- “Minister”
“Minister” means the Minister of Transport. (ministre)
- “registered”
“registered” means registered or listed under Part I of the Act. (immatriculé)
- “shipping safety control zone”
“shipping safety control zone” means an area of the arctic waters prescribed as a shipping safety control zone in section 3 of the Shipping Safety Control Zones Order. (zone de contrôle de la sécurité de la navigation)
- “tanker”
“tanker” means a ship the greater part of whose cargo space is constructed or adapted for the carriage of liquid cargoes and that is carrying as cargo a pollutant as defined in Part XV of the Act or waste as defined in section 2 of the Arctic Waters Pollution Prevention Act. (navire-citerne)
- “tons”
“tons” means tons gross tonnage. (tonneaux)
- “tow-boat”
“tow-boat” means a ship engaged in towing another ship or a floating object astern or alongside or in pushing another ship or a floating object ahead. (bâtiment remorqueur)
(2) A reference to a class of home-trade, inland or minor waters voyage is a reference to that class as defined in the Home-Trade, Inland and Minor Waters Voyages Regulations.
(3) A rigidly connected composite unit of a pushing vessel and pushed vessel, when designed as a dedicated and integrated tug-and-barge combination, is regarded as a single ship for the purpose of these Regulations.
(4) Unless 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.
(5) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” shall be read to mean “shall” and recommendations are mandatory.
(6) For the purpose of these Regulations, a ship is constructed
(a) on the earliest of
(i) the day on which its keel is laid,
(ii) the day on which construction identifiable with a specific ship begins, and
(iii) the day on which the assembly of the ship has reached the lesser of 50 tonnes and 1% of the estimated mass of all structural material of the ship; or
(b) if it was registered, listed or otherwise recorded in a foreign state, on the day on which it is first registered or listed as a Canadian ship or recorded as a ship being built in Canada.
(7) A reference in these Regulations to an incorporated document shall, except insofar as these Regulations apply to ships to which Chapter V of the Safety Convention applies, be interpreted as excluding the phrases “to the satisfaction of the Administration” and “satisfactory to the Administration”.
(8) A ship that operates solely on the Great Lakes, the St. Lawrence River and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montréal is not considered to be engaged on an international voyage for the purpose of these Regulations.