Version of document from 2012-03-30 to 2013-04-17:

Vessel Clearance Regulations

SOR/2007-125

CANADA SHIPPING ACT, 2001

Registration 2007-06-07

Vessel Clearance Regulations

P.C. 2007-923 2007-06-07

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 244(a) of the Canada Shipping Act, 2001Footnote a, hereby makes the annexed Vessel Clearance Regulations.

INTERPRETATION

 The following definitions apply in these Regulations.

“Act”

“Act” means the Canada Shipping Act, 2001. (Loi)

“cargo vessel”

“cargo vessel” means a vessel that is not a passenger vessel. (bâtiment de charge)

“chemical tanker”

“chemical tanker” means a vessel that was constructed or adapted, and that is used, for the carriage in bulk of any liquid product listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (bâtiment-citerne pour produits chimiques)

“gas carrier”

“gas carrier” means a cargo vessel 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)

“inland voyage”

“inland voyage” means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

“inland waters of Canada”

“inland waters of Canada” means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

  • (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

  • (b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63°W. (eaux internes du Canada)

“INF cargo”

“INF cargo” means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo. (cargaison INF)

“international voyage”

“international voyage” means a voyage from a port in Canada to a place not in Canada. (voyage international)

“passenger vessel”

“passenger vessel” means a vessel that carries more than 12 passengers. (bâtiment à passagers)

“place”

“place” means

  • (a) a port; or

  • (b) a marine installation or vessel that is used for loading or unloading vessels. (lieu)

“SOLAS”

“SOLAS” means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)

SECTION 213 OF THE ACT

  •  (1) Section 213 of the Act applies only to vessels that are departing on an international voyage and are

    • (a) passenger vessels of 15 gross tonnage or less;

    • (b) vessels of more than 15 gross tonnage;

    • (c) vessels fitted with a boiler that operates at a pressure in excess of 103 kPa; or

    • (d) vessels fitted with an unfired pressure vessel.

  • (2) Section 213 of the Act does not apply to

    • (a) pleasure craft; or

    • (b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

SECTION 214 OF THE ACT

Application

  •  (1) Sections 4 and 5 apply in respect of vessels that are departing on an international voyage and are

    • (a) passenger vessels of 15 gross tonnage or less;

    • (b) vessels of more than 15 gross tonnage;

    • (c) vessels fitted with a boiler that operates at a pressure in excess of 103 kPa; or

    • (d) vessels fitted with an unfired pressure vessel.

  • (2) Sections 4 and 5 do not apply in respect of

    • (a) pleasure craft; or

    • (b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

Documents Required for Clearance

  •  (1) For the purposes of section 214 of the Act, the following documents are required in respect of a vessel:

    • (a) if required under the Load Line Regulations,

      • (i) a Great Lakes and Inland Waters of Canada Load Line Certificate or a load line certificate issued under Title 46, chapter I, part 45 of the Code of Federal Regulations of the United States, as amended from time to time, or

      • (ii) an International Load Line Certificate or an International Load Line Exemption Certificate;

    • (b) if required under the Cargo, Fumigation and Tackle Regulations, a Fitness to Proceed Certificate;

    • (c) if required under the Vessel Pollution and Dangerous Chemicals Regulations,

      • (i) an International Oil Pollution Prevention Certificate,

      • (ii) in the case of a vessel carrying noxious liquid substances in bulk,

        • (A) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk,

        • (B) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, if the vessel is a chemical tanker, or

        • (C) a Certificate of Fitness for an Offshore Support Vessel, if the vessel is a vessel to which the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16), apply,

      • (iii) an International Sewage Pollution Prevention Certificate,

      • (iv) an International Air Pollution Prevention Certificate, and

      • (v) an International Anti-fouling System Certificate or a Declaration on Anti-fouling System, as applicable; and

    • (d) a Safe Manning Document or an equivalent document.

  • (2) The certificates referred to in subparagraph (1)(c)(ii) are not required in respect of a vessel if the vessel’s master has a Certificate of Fitness for Offshore Support Vessels.

  • (3) For the purposes of section 214 of the Act, the following certificates are required in respect of a passenger vessel, or a cargo vessel of 500 gross tonnage or more, that is departing on an international voyage other than an inland voyage:

    • (a) a Safety Management Certificate;

    • (b) in the case of a passenger vessel, a Passenger Ship Safety Certificate and, if applicable, an Exemption Certificate;

    • (c) in the case of a cargo vessel,

      • (i) a Cargo Ship Safety Certificate and, if applicable, an Exemption Certificate, or

      • (ii) a Cargo Ship Safety Construction Certificate, a Cargo Ship Safety Equipment Certificate, a Cargo Ship Safety Radio Certificate and, if applicable, an Exemption Certificate;

    • (d) in the case of a gas carrier, a Certificate of Fitness for the Carriage of Liquefied Gases in Bulk or an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; and

    • (e) in the case of a vessel carrying INF cargo, an International Certificate of Fitness for the Carriage of INF Cargo.

  • (4) The certificates referred to in paragraphs (3)(b) and (c) are not required in respect of a vessel to which Chapter X of SOLAS applies if the vessel’s master has a High-Speed Craft Safety Certificate.

  • (5) For the purposes of section 214 of the Act, an inspection certificate issued under subsection 10(2) of the Vessel Certificates Regulations is required in respect of a Canadian vessel that

    • (a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

    • (b) is departing on an inland voyage.

  • (6) For the purposes of section 214 of the Act, an inspection certificate issued by or under the authority of the government of a foreign state is required in respect of a foreign vessel that is entitled to fly the flag of that state and

    • (a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

    • (b) is departing on an inland voyage.

  • (7) If a vessel is entitled to fly the flag of a state that has not ratified an international convention or protocol that establishes the requirements for issuing one of the certificates referred to in subsections (1) to (4), a Certificate of Compliance that is issued by or under the authority of the government of that state and certifies that the vessel complies with those requirements is required in lieu of that certificate in respect of the vessel.

  • SOR/2012-69, s. 134.

Original Documents and Valid Certificates

 For the purposes of section 214 of the Act, original documents and valid certificates are required.

COMING INTO FORCE

Footnote * These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.