Small Vessel Regulations (SOR/2010-91)

Regulations are current to 2016-11-21 and last amended on 2013-12-06. Previous Versions

Small Vessel Regulations

SOR/2010-91

CANADA SHIPPING ACT, 2001

Registration 2010-04-29

Small Vessel Regulations

P.C. 2010-546 2010-04-29

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(d) and sections 120 and 207 of the Canada Shipping Act, 2001Footnote a, hereby makes the annexed Small Vessel Regulations.

Interpretation

  •  (1) The definitions in this subsection apply in these Regulations.

    accessible

    accessible means capable of being reached for inspection, removal or maintenance without removal of any elements of the permanent vessel structure. (accessible)

    Act

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

    change of use

    change of use means that the use of a vessel that was a pleasure craft has changed in such a manner that the vessel is no longer a pleasure craft. (changement d’utilisation)

    classification society

    classification society means a classification society that is a member of the International Association of Classification Societies (IACS). (société de classification)

    construction standards

    construction standards means the Construction Standards for Small Vessels, TP 1332, published by the Department of Transport. (normes de construction)

    engine space

    engine space means any space that contains a permanently installed propulsion engine or auxiliary engine, including any connected spaces. (compartiment moteur)

    final preparation

    final preparation, in respect of an official competition, means activities to prepare for the competition that take place at the competition venue during the days and times specified by the organizer of the competition. (derniers préparatifs)

    formal training

    formal training means practice for an official competition under the supervision of a coach or an official certified by a governing body. (entraînement officiel)

    governing body

    governing body means a national governing body of a water sport

    • (a) that publishes rules and criteria respecting conduct and safety requirements for skill demonstrations, formal training or official competitions; and

    • (b) that

      • (i) certifies coaches and coaching programs,

      • (ii) certifies officials and programs for officials, or

      • (iii) recommends training and safety guidelines for certified coaches or officials. (organisme dirigeant)

    ignition-protected

    ignition-protected, in respect of an electrical device, means that the device is designed and constructed in such a manner that under its design operating conditions

    • (a) it will not ignite a flammable hydrocarbon mixture surrounding it when an ignition source causes an internal explosion;

    • (b) it is incapable of releasing sufficient electrical or thermal energy to ignite a hydrocarbon mixture; or

    • (c) its source of ignition is hermetically sealed. (protégé contre l’inflammabilité)

    IMO Resolution MSC.81(70)

    IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)

    ISO 13590

    ISO 13590 means International Standard Organization Standard ISO 13590, Small Craft — Personal Watercraft — Construction and System Installation Requirements. (ISO 13590)

    length

    length, in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur)

    lifebuoy

    lifebuoy means a SOLAS lifebuoy or a small vessel lifebuoy. (bouée de sauvetage)

    lifejacket

    lifejacket means a small vessel lifejacket, a standard lifejacket, a Class 1 or Class 2 lifejacket or a SOLAS lifejacket. (gilet de sauvetage)

    life raft

    life raft means a SOLAS life raft, a reduced capacity life raft or a coastal life raft. (radeau de sauvetage)

    LSA Code

    LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)

    manual propelling device

    manual propelling device means a set of oars, a paddle or another device that uses human power to propel a vessel. (dispositif de propulsion manuelle)

    muffler

    muffler means an expansion chamber within the exhaust line specifically designed to reduce engine noise, but does not include a muffler cut-out, straight exhaust, gutted muffler, glass pack muffler, by-pass or similar device. (silencieux)

    official competition

    official competition means a competition or regatta organized by a governing body or by a club or an organization that is affiliated with a governing body. (compétition officielle)

    owner

    owner, in respect of a vessel other than a pleasure craft, means the authorized representative as defined in section 2 of the Act. (propriétaire)

    passenger-carrying vessel

    passenger-carrying vessel means a vessel that usually carries or that is carrying one or more passengers. (bâtiment à passagers)

    permanently installed

    permanently installed means securely fastened so that tools must be used for removal. (fixé à demeure)

    personal watercraft

    personal watercraft means a vessel less than 4 m in length that uses an internal combustion engine powering a water-jet pump as its primary source of propulsion, and that is designed to be operated by a person or persons sitting, standing or kneeling on the vessel and not within the confines of the hull. (motomarine)

    power

    power, in respect of an engine, means the power, in kilowatts, that the manufacturer declares has been determined in accordance with International Standard ISO 8665, Small Craft — Marine Propulsion Engines and Systems — Power Measurements and Declarations, second edition, August 1, 1994. (puissance)

    power-driven

    power-driven, in respect of a vessel, means that the vessel is propelled by an engine or has an engine on board to propel it. (à propulsion mécanique)

    product certification body

    product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including granting of initial certification and maintenance of the certification. (organisme de certification de produits)

    pyrotechnic distress signal

    pyrotechnic distress signal means a rocket parachute flare, a multi-star flare, a hand flare, or a buoyant or hand smoke signal. (signal de détresse pyrotechnique)

    readily accessible

    readily accessible means capable of being reached easily and safely under emergency conditions without the use of tools. (facilement accessible)

    reboarding device

    reboarding device means a ladder, lifting harness or other device that does not include any part of the vessel’s propulsion unit and that assists a person to gain access to the vessel from the water. (dispositif de remontée à bord)

    rebuilder

    rebuilder means a person who is engaged in the business of rebuilding vessels to sell to end users or resellers. (reconstructeur)

    recommended practices and standards

    recommended practices and standards means the recommended practices and standards for marine use issued by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)

    safety craft

    safety craft means a vessel, aircraft or other means of transportation that has a crew on board and that is used for surveillance and rescue activities during formal training, final preparation or official competitions. (véhicule de secours)

    sailboard

    sailboard means a vessel that has a totally enclosed hull fitted with a free-standing mast attached to the hull through a universal joint and that is propelled by a sail. (planche à voile)

    SOLAS

    SOLAS means the International Convention for the Safety of Life at Sea, 1974. (SOLAS)

    sound-signalling device

    sound-signalling device means a pealess whistle or a compressed-gas or electric horn. (dispositif de signalisation sonore)

    testing laboratory

    testing laboratory means a laboratory that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Laboratory Accreditation Cooperation, to produce accurate results for the specific tests or calibrations that are listed on its Scope of Accreditation. (laboratoire d’essai)

    towing

    towing, except for the purposes of Part 10, means the action of pulling a vessel or an object astern or alongside, or pushing a vessel or an object ahead, but does not include pulling or pushing, in the course of the vessel’s normal operations, a floating object or vessel that has a significantly smaller displacement than the vessel’s displacement. (remorquage)

    TP 14475

    TP 14475 means the Canadian Life Saving Appliance Standard, published by the Department of Transport. (TP 14475)

    tug

    tug means a vessel that is constructed or converted primarily for the purpose of towing, but does not include a vessel that is constructed or converted for the purpose of

    • (a) salvaging logs; or

    • (b) managing oil pollution booms and associated equipment. (remorqueur)

    workboat

    workboat means a vessel that is not a passenger-carrying vessel, a human-powered vessel or a pleasure craft. (bateau de travail)

  • (2) For the purposes of these Regulations,

    • (a) a reference to the date of construction, manufacture or rebuilding of a vessel shall be read as a reference to the date on which the actual construction, manufacture or rebuilding starts;

    • (b) a reference to “Administration” in the LSA Code or in IMO Resolution MSC.81(70) shall be read as a reference to “Minister”;

    • (c) the word “should” in IMO Resolution MSC.81(70) shall be read as “shall”;

    • (d) the term “visual signal” in the LSA Code shall be read as “pyrotechnic distress signal”;

    • (e) the term “pyrotechnics” in IMO Resolution MSC.81(70) shall be read as “pyrotechnic distress signal”;

    • (f) the Code of Federal Regulations of the United States shall be read without reference to “satisfactory to the Commandant” and “accepted by the Commandant under §159.010 of this chapter”.

  • (3) For the purpose of the French version of the Regulations, the term “moto aquatique” in ISO 13590 shall be read as “motomarine”.

  • (4) A provision in the American Boat and Yacht Council standards referred to in these Regulations that is expressed as a recommendation shall be read as a requirement unless it is incompatible with the vessel’s construction.

  • (5) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to that document as amended from time to time.

  • (6) In the event of an inconsistency between a provision in a document incorporated by reference and a provision in these Regulations, the provision in these Regulations shall prevail.

Application

  •  (1) These Regulations apply in respect of

    • (a) a pleasure craft;

    • (b) a passenger-carrying vessel of not more than 15 gross tonnage that carries not more than 12 passengers and is not a human-powered vessel;

    • (c) a workboat of not more than 15 gross tonnage; and

    • (d) a human-powered vessel other than a pleasure craft.

  • (2) These Regulations do not apply in respect of

    • (a) a fishing vessel;

    • (b) a rescue boat or lifeboat that is carried on board a vessel exclusively to meet a requirement for life-saving appliances set out in other regulations made under the Act;

    • (c) a vessel in respect of which the Special-purpose Vessels Regulations apply; or

    • (d) an air cushion vehicle of more than 4 500 kg all up weight.

Prohibition

 No person shall operate or permit another person to operate a vessel unless the safety equipment required by these Regulations is carried on board the vessel and the equipment meets the requirements of these Regulations.

Substitute Safety Equipment

  •  (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.

  • (2) To determine the level of safety provided by the substituted 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.

  • (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.

Safety Equipment — Accessibility and Maintenance

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

    • (a) in good working order;

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

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

  • (2) Portable fire extinguishers and fixed fire extinguishing systems required by these Regulations shall be kept fully charged.

Standards for Safety Equipment

  •  (1) A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft required by these Regulations shall meet the applicable standards and tests set out in the schedule.

  • (2) A mark or label on the safety equipment required by these Regulations, and any manufacturer’s instructions or recommendations, shall be in English and French.

Approval of Life-Saving Appliances

  •  (1) A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft required by these Regulations shall be of a type that is approved by the Minister and shall bear a mark or label indicating the approval.

  • (2) The Minister shall approve a type of personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft if it is shown to meet the applicable standards and tests referred to in subsection 6(1).

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

First Aid Kit

  •  (1) A first aid kit required by these Regulations shall be packed in a waterproof case capable of being tightly closed after use and shall be

    • (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 Marine Occupational Safety and Health 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.

  • (2) Instead of a first aid kit referred to in subsection (1), a first aid kit that meets the requirements of the Small Vessel Regulations as they read immediately before the day on which these Regulations came into force may be carried on board a vessel for a period of three years after that day unless the kit is replaced before the end of that period.

Personal Life-Saving Appliances

 A personal flotation device or lifejacket required by these Regulations shall not be altered in a way that compromises its original structural integrity or diminishes the integrity or readability of a marking set out in a standard related to it.

  •  (1) A personal flotation device or lifejacket that is required by these Regulations, if it is of an inflatable type, shall be worn by a person in an open vessel or, if the vessel is not open, shall be worn when the person is on deck or in the cockpit.

  • (2) Subsection (1) does not apply to a sealed-hull rowing shell engaged in training that is governed by safety guidelines and procedures established by the governing body.

  • (3) A personal flotation device or lifejacket that is required by these Regulations to be carried on board a personal watercraft shall be inherently buoyant.

 A personal flotation device or lifejacket required by these Regulations does not have to be an appropriate size for an infant who weighs less than 9 kg or a person whose chest size is more than 140 cm.

Portable Fire Extinguishers

  •  (1) Every portable fire extinguisher that is required by these Regulations to be carried on board a pleasure craft shall

    • (a) bear a mark indicating that it is certified by a product certification body; or

    • (b) be of a type that is approved by the United States Coast Guard.

  • (2) Every portable fire extinguisher that is required by these Regulations to be carried on board a vessel other than a pleasure craft shall

    • (a) bear a mark indicating that it is certified for marine use by a product certification body; or

    • (b) be of a type that is approved by the United States Coast Guard.

  • (3) A portable fire extinguisher that is carried on board a vessel imported into Canada and that does not meet the requirements of subsection (1) or (2) shall be certified for marine use by a product certification body or a classification society.

 In any reference in these Regulations to the classification of a portable fire extinguisher, the letters in the classification refer to the following classes of fires:

  • (a) Class A fires, namely, fires in combustible materials such as wood, cloth, paper, rubber and plastic;

  • (b) Class B fires, namely, fires in inflammable liquids, gases and greases;

  • (c) Class C fires, namely, fires that involve energized electrical equipment where the electrical non-conductivity of the extinguishing media is of importance; and

  • (d) Class K fires, namely, fires in cooking appliances that involve combustible cooking media such as vegetable or animal oils or fats.

 A vessel to which Part 2, 4 or 5 applies may carry on board a portable fire extinguisher that is not marked with a classification set out in column 1 of the table to this section if the fire extinguisher contains an extinguishing agent set out in column 2, 3 or 4 of a net weight that corresponds to the classification set out in column 1, and if the fire extinguisher meets the requirements of these Regulations in all other respects.

table of equivalents

ItemColumn 1Column 2Column 3Column 4
Multi-purpose Dry Chemical (ammonium phosphate)Regular Dry Chemical (sodium bicarbonate) (Class B and C fires only)Carbon Dioxide (Class B and C fires only)
Net WeightNet WeightNet Weight
Classificationkglbs.kglbs.kglbs.
11A:5B:C1.53
22A:10B:C2.255
32A:20B:C4.510
45B:C1.531.532.255
510B:C2.2552.2554.510
620B:C4.5104.510920

 A vessel to which Part 2, 4 or 5 applies may carry on board a portable fire extinguisher that exceeds the classification set out under those Parts.

  •  (1) A portable fire extinguisher required by these Regulations shall contain an extinguishing agent capable of extinguishing any potential fire in the vessel compartment for which the fire extinguisher is intended and shall not weigh more than 23 kg.

  • (2) A portable fire extinguisher required by these Regulations may be rated for Class K fires instead of Class B fires if it is intended for use in an area with cooking appliances that involve combustible cooking media and if the Class A and Class C ratings are maintained.

  • (3) A portable carbon dioxide fire extinguisher shall be fitted with an electrically non-conductive horn.

 A portable fire extinguisher that is carried on board a vessel other than a pleasure craft, and that meets the requirements of regulations made under the Canada Shipping Act that applied in respect of the vessel before the day on which these Regulations came into force, may be carried on board the vessel for a period of six years after the day on which the fire extinguisher is manufactured.

Fire Buckets and Bailers

 A fire bucket required by these Regulations shall have a capacity of 10 L or more, be made of metal with a round bottom and a hole in the centre, be painted red and be fitted with a lanyard of sufficient length to reach the water from the location in which it is stored.

 A bailer required by these Regulations shall be made of plastic or metal, have an opening of at least 65 cm2 and have a capacity of at least 750 mL.

Pyrotechnic Distress Signals

  •  (1) A pyrotechnic distress signal required by these Regulations expires four years after its date of manufacture.

  • (2) Type A, B, C or D flares may be carried on board a vessel instead of rocket parachute flares, multi-star flares, hand flares or smoke signals respectively, if they were approved by the Minister before the day on which these Regulations came into force.

Life Rafts

 The owner and the operator of a vessel to which Part 4 or 5 applies shall ensure that every life raft that is carried on board the vessel is

  • (a) marked with the date and place of last service;

  • (b) serviced at the intervals set out in section 2 of Schedule IV to the Life Saving Equipment Regulations at a service station that is accredited by the manufacturer of the life raft; and

  • (c) except for a coastal life raft packed in a valise-type container, stored in a manner that allows it to automatically float free if the vessel sinks.

Bilge Pumps

 A bilge pump required by these Regulations shall be fitted with or accompanied by sufficient piping or hose to enable water to be pumped from the bilge space of the vessel over the side of the vessel.

PART 1Licensing of Pleasure Craft

Application

  •  (1) This Part applies in respect of a pleasure craft principally maintained or operated in Canada that is equipped, even temporarily, with one or more primary propulsion engines whose aggregate power is at least 7.5 kW.

  • (2) However, only section 110 applies in respect of a pleasure craft that is

    • (a) registered under the Act; or

    • (b) registered in another country as having the right to fly the flag of that country.

Prohibition

 No person shall operate or permit another person to operate a pleasure craft unless

  • (a) it is licensed by the Minister;

  • (b) a copy of the licence is carried on board; and

  • (c) the owner’s name and address on the licence are accurate.

Exceptions

Licencing

 A pleasure craft may be operated without a licence until the day on which the owner of the pleasure craft receives the licence, up to a maximum of 90 days from the day of the initial transfer of ownership to an end user, if

  • (a) the acknowledgement of receipt of the application for the licence by the Minister is carried on board; and

  • (b) the file number of the acknowledgement is marked on the pleasure craft in the form and manner specified by the Minister.

Transfer of Licence

 A pleasure craft that is the subject of a transfer of ownership may be operated until the day on which the new owner of the pleasure craft receives a transferred licence, up to a maximum of 90 days from the day of the transfer of ownership, if documents are carried on board confirming the name and address of the new owner and the date of the transfer of ownership.

Change of Name or Address

 A pleasure craft may be operated without an accurate owner name or address on the licence until the day on which the owner of the pleasure craft receives an updated licence, up to a maximum of 90 days from the day of the change of name or address, if, in addition to the licence, documents are carried on board confirming the new name or address and the date of the change.

 A pleasure craft that was licenced before the day on which these Regulations came into force may be operated without an accurate owner name or address on the licence until the day on which the owner of the pleasure craft receives an updated licence, up to a maximum of one year from the day on which these Regulations come into force.

Period of Validity of Licences

 A pleasure craft licence is valid for a period of 10 years beginning on the day on which it is issued, transferred, renewed or updated.

Cancellation of Licences

 The Minister may cancel a pleasure craft licence if

  • (a) the owner of the pleasure craft intends to register, obtain a licence for, or principally maintain and operate the pleasure craft in another country;

  • (b) the owner of the pleasure craft intends to register or list the pleasure craft under Part 2 of the Act;

  • (c) the owner of the pleasure craft has been issued a licence under section 108 and wishes to cancel the licence;

  • (d) the licence is a demonstration licence and the holder is no longer a vendor who sells pleasure craft in the course of a commercial enterprise;

  • (e) the licence was issued in error; or

  • (f) the Minister believes on reasonable and probable grounds that the applicant has provided false or misleading information to obtain the licence.

Voluntary Licensing

 The owner of a pleasure craft that is not required to be licensed by these Regulations may obtain a licence for the pleasure craft.

Transfer of Ownership of a Pleasure Craft

 Immediately on the transfer of ownership of a licensed pleasure craft, the new owner of the pleasure craft shall apply to the Minister for transfer of the licence.

Misleading Marking

 Subject to paragraph 102(b), the owner of a pleasure craft shall not operate or permit another person to operate the pleasure craft if it is marked with a number that is not a licence number or a registration number issued under Part 2 of the Act and if that number could be confused with a licence number or a registration number.

Demonstration Licence

  •  (1) A vendor who sells pleasure craft in the course of a commercial enterprise may apply to the Minister for a demonstration licence for use on any of the enterprise’s pleasure craft that are operated for the purpose of demonstration.

  • (2) The holder of a demonstration licence shall ensure that it is used on only one pleasure craft at a time.

  • (3) The demonstration licence shall not be transferred to anyone except another vendor.

 The Minister may cancel a demonstration licence if the licence is used for a purpose other than the demonstration of a pleasure craft.

PART 2Safety Equipment for Pleasure Craft

Application

  •  (1) Subject to subsection (2), this Part applies in respect of a pleasure craft that is operated in Canada.

  • (2) This Part does not apply in respect of a pleasure craft that meets the safety equipment requirements of another country and that is

    • (a) registered in that country as having the right to fly the flag of that country; or

    • (b) licensed in that country and not principally maintained and operated in Canada.

Safety Obligation

 The operator of a pleasure craft shall take all reasonable steps to ensure the safety of the craft and of every person on board.

Personal Flotation Devices and Lifejackets

 If a personal flotation device or lifejacket that must be carried on board a pleasure craft is to be worn by a person less than 16 years of age, it shall be inherently buoyant.

SUBPART 1Pleasure Craft Other than Human-Powered Pleasure Craft

Application

 This subpart applies in respect of a pleasure craft other than a human-powered pleasure craft.

Life-Saving Appliances — Personal Life-Saving Appliances

 A pleasure craft shall carry on board

  • (a) a personal flotation device or lifejacket of an appropriate size for each person on board;

  • (b) a reboarding device, unless the vertical height that must be climbed in order to reboard the pleasure craft is not more than 0.5 m; and

  • (c) for the length of pleasure craft set out in column 1 of the table to this section, the additional personal life-saving appliances set out in column 2.

    table

    ItemColumn 1Column 2
    LengthAdditional Personal Life-Saving Appliances
    1not more than 6 ma buoyant heaving line of not less than 15 m in length
    2more than 6 m but not more than 9 m
    • (a) a buoyant heaving line of not less than 15 m in length; or

    • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

    3more than 9 m but not more than 12 m
    • (a) a buoyant heaving line of not less than 15 m in length; and

    • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

    4more than 12 m but less than 24 m
    • (a) a buoyant heaving line of not less than 15 m in length; and

    • (b) a lifebuoy that is equipped with a self-igniting light or attached to a buoyant line of not less than 15 m in length

    524 m or more
    • (a) a buoyant heaving line of not less than 30 m in length;

    • (b) two SOLAS lifebuoys, of which

      • (i) one is attached to a buoyant line of not less than 30 m in length, and

      • (ii) the other is equipped with a self-igniting light; and

    • (c) a lifting harness with appropriate rigging

Life-Saving Appliances — Visual Signals

 A pleasure craft of a length set out in column 1 of the table to this section shall carry on board the visual signals set out in column 2.

table

Column 1Column 2
ItemLengthVisual Signals
1not more than 6 m
  • (a) a watertight flashlight; or

  • (b) three pyrotechnic distress signals other than smoke signals

2more than 6 m but not more than 9 m
  • (a) a watertight flashlight; and

  • (b) six pyrotechnic distress signals other than smoke signals

3more than 9 m
  • (a) a watertight flashlight; and

  • (b) twelve pyrotechnic distress signals, not more than six of which are smoke signals

Vessel Safety Equipment

 A pleasure craft of a length set out in column 1 of the table to this section shall carry on board the vessel safety equipment set out in column 2.

table

Column 1Column 2
ItemLengthVessel Safety Equipment
1not more than 9 m
  • (a) either

    • (i) a manual propelling device, or

    • (ii) an anchor, and not less than 15 m of cable, rope or chain or any combination of them; and

  • (b) a bailer or a manual bilge pump

2more than 9 m but not more than 12 m
  • (a) an anchor, and not less than 30 m of cable, rope or chain or any combination of them; and

  • (b) a manual bilge pump or bilge-pumping arrangements

3more than 12 m
  • (a) an anchor, and not less than 50 m of cable, rope or chain or any combination of them; and

  • (b) bilge-pumping arrangements

Navigation Equipment

 A pleasure craft of a length set out in column 1 of the table to this section shall carry on board the navigation equipment set out in column 2 as indicated in that column.

table

Column 1Column 2
ItemLengthNavigation Equipment
1not more than 9 m
  • (a) a sound-signalling appliance that meets the requirements of the Collision Regulations, or a sound-signalling device;

  • (b) if the pleasure craft is operated after sunset or before sunrise or in periods of restricted visibility, navigation lights that meet the requirements of the Collision Regulations; and

  • (c) a magnetic compass

2more than 9 m but not more than 12 m
3more than 12 m

Firefighting Equipment

 A pleasure craft of a length set out in column 1 of the table to this section shall carry on board the firefighting equipment set out in column 2 as indicated in that column.

table

Column 1Column 2
ItemLengthFirefighting Equipment
1not more than 6 ma 5B:C portable fire extinguisher, if the pleasure craft is equipped with an inboard engine, a fixed fuel tank of any size, or a fuel-burning cooking, heating or refrigerating appliance
2more than 6 m but not more than 9 m
  • (a) a 5B:C portable fire extinguisher, if the pleasure craft is a power-driven vessel; and

  • (b) a 5B:C portable fire extinguisher, if the pleasure craft is equipped with a fuel-burning cooking, heating or refrigerating appliance

3more than 9 m but not more than 12 m
  • (a) a 10B:C portable fire extinguisher, if the pleasure craft is a power-driven vessel; and

  • (b) a 10B:C portable fire extinguisher, if the pleasure craft is equipped with a fuel-burning cooking, heating or refrigerating appliance

4more than 12 m but less than 24 m
  • (a) a 10B:C portable fire extinguisher at the following locations:

    • (i) at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance,

    • (ii) at the entrance to any accommodation space, and

    • (iii) at the entrance to the machinery space;

  • (b) an axe; and

  • (c) two buckets

524 m or more
  • (a) the equipment set out in item 4(a);

  • (b) a power-driven fire pump, located outside the engine space, fitted with a fire hose and a nozzle from which a jet of water can be directed into any part of the pleasure craft;

  • (c) two axes; and

  • (d) four buckets

SUBPART 2Human-Powered Pleasure Craft

Life-Saving Appliances — Personal Life-Saving Appliances and Visual Signals

  •  (1) A human-powered pleasure craft shall carry on board a personal flotation device or lifejacket that is of an appropriate size for each person on board.

  • (2) A personal flotation device or lifejacket that is carried on board a human-powered pleasure craft operated in whitewater shall be inherently buoyant.

 A human-powered pleasure craft shall carry on board, for the category of life-saving appliance set out in column 1 of the table to this section, the life-saving appliance set out in column 2 as indicated in that column.

table

Column 1Column 2
ItemCategory of Life-Saving ApplianceLife-Saving Appliance
1personal life-saving appliances
  • (a) a reboarding device, unless the vertical height that must be climbed in order to reboard the pleasure craft is less than 0.5 m; and

  • (b) a buoyant heaving line of not less than 15 m in length

2visual signalsif the human-powered pleasure craft is more than 6 m in length, a watertight flashlight and six pyrotechnic distress signals other than smoke signals

Vessel Safety Equipment and Navigation Equipment

 A human-powered pleasure craft shall carry on board, for the category of equipment set out in column 1 of the table to this section, the equipment set out in column 2 as indicated in that column.

table

Column 1Column 2
ItemCategory of EquipmentEquipment
1vessel safety equipment
  • (a) a bailer;

  • (b) a manual bilge pump; or

  • (c) bilge-pumping arrangements

2navigation equipment
  • (a) a sound-signalling appliance that meets the requirements of the Collision Regulations, or a sound-signalling device;

  • (b) if the pleasure craft is operated after sunset or before sunrise or in periods of restricted visibility, navigation lights that meet the requirements of the Collision Regulations; and

  • (c) a magnetic compass

SUBPART 3General Exceptions for Pleasure Craft

Personal Flotation Devices and Lifejackets

 If a person who is a resident of a country other than Canada brings on board a pleasure craft a personal flotation device or lifejacket for their personal use that conforms to the laws of that country and that is of an appropriate size and in good condition, the pleasure craft is not required to carry on board a personal flotation device or lifejacket for that person that meets the requirements of these Regulations.

Visual Signals

  •  (1) No visual signals are required to be carried on board a pleasure craft that is not more than 6 m in length and is not fitted with an engine.

  • (2) Pyrotechnic distress signals are not required to be carried on board a pleasure craft that

    • (a) is operating on a river, canal or lake in which it can at no time be more than one nautical mile from shore; or

    • (b) has no sleeping arrangements and is engaged in an official competition or in final preparation for an official competition.

Bailers and Manual Bilge Pumps

 A bailer or manual bilge pump is not required to be carried on board a pleasure craft that cannot retain a sufficient quantity of water to make it capsize or whose compartments are sealed and are not readily accessible.

Magnetic Compass

 A magnetic compass is not required to be carried on board a pleasure craft that is not more than 8 m in length and that navigates within sight of seamarks.

Racing Pleasure Craft

 A racing pleasure craft, other than a canoe, kayak or rowing shell, that is engaged in formal training, in an official competition or in final preparation for an official competition, and that is operated under conditions of clear visibility and is attended by a safety craft, may carry on board the safety equipment that is required by the rules of the governing body instead of the safety equipment required by this Part.

SUBPART 4Exceptions for Pleasure Craft Other than Human-Powered Pleasure Craft

Firefighting Equipment

 A portable fire extinguisher of a particular classification is not required to be carried on board a pleasure craft other than a human-powered pleasure craft if two or more portable fire extinguishers are carried on board that meet the requirements of subsection 12(1) and that have a total capacity rating at least equal to the capacity rating of the required fire extinguisher.

Personal Watercraft

 If every person on board a personal watercraft is wearing a personal flotation device or a lifejacket of an appropriate size, the personal watercraft is required to carry on board only the following safety equipment:

  • (a) a sound-signalling device;

  • (b) a watertight flashlight or three pyrotechnic distress signals other than smoke signals;

  • (c) a magnetic compass, if the personal watercraft is navigated out of sight of seamarks; and

  • (d) navigation lights that meet the requirements of the Collision Regulations, if the personal watercraft is operated after sunset or before sunrise or in periods of restricted visibility.

Sailboards and Kiteboards

  •  (1) If the operator of a sailboard or kiteboard is wearing a personal flotation device of an appropriate size, the sailboard or kiteboard is required to carry on board only the following safety equipment:

    • (a) a sound-signalling device; and

    • (b) a watertight flashlight, if the sailboard or kiteboard is operated after sunset or before sunrise or in periods of restricted visibility.

  • (2) A sailboard or kiteboard is not required to carry on board the safety equipment required by this Part if it is engaged in an official competition at which a safety craft is in attendance and carrying on board a personal flotation device or lifejacket of an appropriate size for the operator of the sailboard or kiteboard that can be donned in the water.

SUBPART 5Exceptions for Human-Powered Pleasure Craft

Paddleboats, Watercycles, and Sealed-Hull, Sit-on-Top Kayaks

 If every person on board a paddleboat, a watercycle or a sealed-hull, sit-on-top kayak is wearing a personal flotation device or lifejacket of an appropriate size, the paddleboat, watercycle or kayak is required to carry on board only the following safety equipment:

  • (a) a sound-signalling device; and

  • (b) a watertight flashlight, if the paddleboat, watercycle or kayak is operated after sunset or before sunrise or in periods of restricted visibility.

Racing Canoes and Racing Kayaks

  •  (1) A racing canoe or racing kayak that is engaged in formal training, in an official competition or in final preparation for an official competition that is governed by safety guidelines and procedures established by the governing body is not required to carry on board the safety equipment required by this Part if it is attended by a safety craft that is carrying on board a personal flotation device or lifejacket of an appropriate size

    • (a) for each person on board the canoe or kayak, if the safety craft is attending only one pleasure craft; or

    • (b) for each person on board the canoe or kayak with the most persons on board, if the safety craft is attending more than one pleasure craft.

  • (2) However, if the canoe or kayak is not attended by a safety craft, it is required to carry on board the following safety equipment:

    • (a) a personal flotation device or lifejacket of an appropriate size for each person on board;

    • (b) a sound-signalling device; and

    • (c) a watertight flashlight, if the canoe or kayak is operated after sunset or before sunrise or in periods of restricted visibility.

Rowing Shells

  •  (1) A rowing shell that is competing in a provincially, nationally or internationally sanctioned regatta or competition, or engaged in training at the venue at which the regatta or competition is taking place, is not required to carry on board the safety equipment required by this Part.

  • (2) A rowing shell that is engaged in activities governed by safety guidelines and procedures established by the governing body is not required to carry on board the safety equipment required by this Part if it is attended by a safety craft that is carrying on board a personal flotation device or lifejacket of an appropriate size

    • (a) for each person on board the rowing shell, if the safety craft is attending only one rowing shell; or

    • (b) for each person on board the rowing shell with the most persons on board, if the safety craft is attending more than one rowing shell.

  • (3) However, if the rowing shell is not attended by a safety craft, it is required to carry on board only the following safety equipment:

    • (a) a personal flotation device or lifejacket of an appropriate size for each person on board;

    • (b) a sound-signalling device; and

    • (c) a watertight flashlight, if the rowing shell is operated after sunset or before sunrise or in periods of restricted visibility.

  • SOR/2013-235, s. 32(E).

PART 3Human-Powered Vessels other than Pleasure Craft

Interpretation

 The following definitions apply in this Part.

class 3 or above waters

class 3 or above waters means waters that have

  • (a) rapids with moderate and irregular waves; or

  • (b) rapids that are stronger, have more obstructions or are otherwise more difficult to navigate than rapids with moderate and irregular waves. (eaux de classe 3 ou plus)

guided excursion

guided excursion means a non-competitive outdoor recreational activity or excursion led by a person in charge of the activity or excursion during which the participants use a human-powered vessel. (excursion guidée)

helmet

helmet means a helmet that has a fastening system and that is designed to protect a person’s head from injury from the mid-line of the forehead to the back of the crown of the head. (casque protecteur)

Application

 This Part applies in respect of a human-powered vessel other than a pleasure craft.

Personal Flotation Devices and Lifejackets

 If a personal flotation device or lifejacket that must be carried on board a human-powered vessel is to be worn by a person less than 16 years of age, it shall be inherently buoyant.

Guided Excursions

  •  (1) A person responsible for an enterprise that conducts guided excursions and the leader of a guided excursion shall ensure that

    • (a) every participant in the excursion wears the following safety equipment:

      • (i) a personal flotation device or lifejacket of an appropriate size, and

      • (ii) when on class 3 or above waters, a helmet of an appropriate size; and

    • (b) any equipment or material that is carried on board the vessel and that is not being used is secured in place when the vessel is moving.

  • (2) If the water temperature is less than 15ºC, a person responsible for an enterprise that conducts guided excursions and the leader of a guided excursion shall ensure that equipment is immediately available or that procedures are established to protect the participants from the effects of hypothermia or cold shock resulting from swamping, capsizing or falling overboard.

 A person responsible for an enterprise that conducts guided excursions and the leader of a guided excursion shall, before the beginning of the excursion, ensure that all participants are briefed in either or both official languages, according to their needs, on the safety and emergency procedures relevant to the guided excursion.

  •  (1) The leader of a guided excursion shall, before the beginning of the excursion, report the number of participants in the excursion to a person on shore who has been designated by the leader to be responsible for communicating with search and rescue authorities in case of an emergency.

  • (2) If the guided excursion takes place in a remote area and it is not possible to report the number of participants to a person on shore, the leader of the excursion shall leave a record of the number of participants and the area of operation in a known location on shore that is accessible to search and rescue authorities.

  • (3) If the guided excursion departs from a support vessel, the leader of the excursion may designate a person on board the support vessel to be responsible for communicating with search and rescue authorities in case of an emergency.

Human-Powered Passenger-Carrying Vessels

 If the water temperature is less than 15°C, a person who operates or permits another person to operate a human-powered passenger-carrying vessel shall ensure that equipment is carried on board the vessel or that procedures are established to protect all persons on board from the effects of hypothermia or cold shock resulting from swamping, or falling overboard.

 The operator of a human-powered passenger-carrying vessel shall, before departure, ensure that all passengers are briefed in either or both official languages, according to their needs, on the safety and emergency procedures relevant to the type of vessel and nature of the activity.

  •  (1) The operator of a human-powered passenger-carrying vessel shall, before departure, report the number of persons on board to a person on shore who has been designated by the operator to be responsible for communicating with search and rescue authorities in the case of an emergency.

  • (2) If the human-powered passenger-carrying vessel is operated in a remote area and it is not possible to report the number of persons on board to a person on shore, the operator of the vessel shall leave a record of the number of persons on board and the area of operation in a known location on shore that is accessible to search and rescue authorities.

  • (3) If the human-powered passenger-carrying vessel is operated from a support vessel, the operator of the passenger-carrying vessel may designate a person on board the support vessel to be responsible for communicating with search and rescue authorities in case of an emergency.

Safety Equipment

First Aid Kit

 A human-powered vessel shall carry on board a first aid kit.

Personal Life-Saving Appliances and Visual Signals

  •  (1) A human-powered vessel shall carry on board

    • (a) a personal flotation device or lifejacket that is

      • (i) of an appropriate size for each person on board, and

      • (ii) inherently buoyant, if the vessel is being used during whitewater paddling; and

    • (b) for the category of life-saving appliance set out in column 1 of the table to this subsection, the additional life-saving appliance set out in column 2 as indicated in that column.

      table

      Column 1Column 2
      ItemCategory of Life-Saving ApplianceAdditional Life-Saving Appliance
      1personal life-saving appliance
      • (a) a reboarding device, unless the vertical height that must be climbed in order to reboard the vessel is not more than 0.5 m; and

      • (b) a buoyant heaving line of not less than 15 m in length that is contained in a throw bag

      2visual signals
      • (a) if the human-powered vessel is not more than 6 m in length, a watertight flashlight or three pyrotechnic distress signals other than smoke signals; or

      • (b) if the human-powered vessel is more than 6 m in length, a watertight flashlight and six pyrotechnic distress signals other than smoke signals

  • (2) Every person on board a human-powered vessel shall wear

    • (a) a personal flotation device or lifejacket; and

    • (b) when on class 3 or above waters, a helmet of an appropriate size.

Vessel Safety Equipment and Navigation Equipment

  •  (1) A human-powered vessel shall carry on board, for the category of equipment set out in column 1 of the table to this subsection, the equipment set out in column 2 as indicated in that column.

    table

    Column 1Column 2
    ItemCategory of EquipmentEquipment
    1vessel safety equipment
    • (a) a bailer;

    • (b) a manual bilge pump; or

    • (c) bilge-pumping arrangements

    2navigation equipment
    • (a) a sound-signalling appliance that meets the requirements of the Collision Regulations, or a sound-signalling device;

    • (b) if the vessel is operated after sunset or before sunrise or in periods of restricted visibility, navigation lights that meet the requirements of the Collision Regulations; and

    • (c) a magnetic compass

  • (2) A magnetic compass is not required to be carried on board a human-powered vessel that is not more than 8 m in length and that navigates within sight of seamarks.

Exceptions for Certain Vessels

Racing Canoes and Racing Kayaks

  •  (1) A racing canoe or racing kayak that is engaged in formal training, in an official competition or in final preparation for an official competition that is governed by safety guidelines and procedures established by the governing body is not required to carry on board the safety equipment required by this Part if it is attended by a safety craft that is carrying on board a personal flotation device or lifejacket of an appropriate size

    • (a) for each person on board the canoe or kayak, if the safety craft is attending only one pleasure craft; or

    • (b) for each person on board the canoe or kayak with the most persons on board, if the safety craft is attending more than one pleasure craft.

  • (2) However, if the racing canoe or racing kayak is not attended by a safety craft, it is required to carry on board only the following safety equipment:

    • (a) a personal flotation device or lifejacket of an appropriate size for each person on board;

    • (b) a sound-signalling device; and

    • (c) a watertight flashlight if the canoe or kayak is operated after sunset or before sunrise or in periods of restricted visibility.

Rowing Shells

  •  (1) A rowing shell that is competing in a provincially, nationally or internationally sanctioned regatta or competition, or engaged in training at the venue at which the regatta or competition is taking place, is not required to carry on board the safety equipment required by this Part.

  • (2) A rowing shell that is engaged in activities governed by safety guidelines and procedures established by the governing body is not required to carry on board the safety equipment required by this Part if it is attended by a safety craft that is carrying on board a personal flotation device or lifejacket of an appropriate size

    • (a) for each person on board the rowing shell, if the safety craft is attending only one rowing shell; or

    • (b) for each person on board the rowing shell with the most persons on board, if the safety craft is attending more than one rowing shell.

  • (3) However, if the rowing shell is not attended by a safety craft, it is required to carry on board only the following safety equipment:

    • (a) a personal flotation device or lifejacket of an appropriate size for each person on board;

    • (b) a sound-signalling device; and

    • (c) a watertight flashlight, if the canoe or kayak is operated after sunset or before sunrise or in periods of restricted visibility.

Other Racing Vessels

 A human-powered racing vessel, other than a canoe, kayak or rowing shell, that is engaged in formal training, in an official competition or in final preparation for an official competition, and that is operated under conditions of clear visibility and is attended by a safety craft, may carry on board the safety equipment that is required by the rules of the governing body instead of the safety equipment required under this Part.

PART 4Passenger-Carrying Vessels of Not More than 15 Gross Tonnage that Carry Not More than 12 Passengers

Application

  •  (1) This Part applies in respect of a passenger-carrying vessel of not more than 15 gross tonnage that carries not more than 12 passengers and is not a human-powered vessel.

  • (2) Paragraph 404(3)(b) and sections 405 to 420 do not apply in respect of a passenger-carrying vessel that meets the safety equipment requirements of another country and that is

    • (a) registered in that country as having the right to fly the flag of that country; or

    • (b) licensed in that country and not principally maintained and operated in Canada.

General Requirements

  •  (1) The operator of a passenger-carrying vessel shall, before the vessel leaves a place where passengers embark, ensure that all passengers are briefed in either or both official languages, according to their needs, on the safety and emergency procedures relevant to the type of vessel and its length, including

    • (a) the location of lifejackets and specifically the location of lifejackets for children;

    • (b) the location of survival craft;

    • (c) for passengers in each area of the vessel, the location of the lifejackets and survival craft that are closest to them;

    • (d) the location and use of personal life-saving appliances, visual signals and vessel safety equipment;

    • (e) the safety measures to be taken, including those relating to the protection of limbs, the avoidance of ropes and docking lines, and the effect of the movement and grouping of passengers on the stability of the vessel; and

    • (f) the prevention of fire and explosions.

  • (2) During the briefing, the operator of the vessel shall ensure that a demonstration is provided on the manner of donning each type of lifejacket.

  •  (1) The operator of a passenger-carrying vessel shall, before departure, report the number of persons on board to a person on shore who has been designated by the operator to be responsible for communicating with search and rescue authorities in case of an emergency.

  • (2) If the passenger-carrying vessel is operated in a remote area and it is not possible to report the number of persons on board to a person on shore, the operator of the vessel shall leave the information respecting each voyage in a location on shore that is known and readily available to search and rescue authorities.

  • (3) If the passenger-carrying vessel is operated from a support vessel, or if it is used to transfer persons from another vessel to shore, the operator of the passenger-carrying vessel may designate a person on board the support vessel or the other vessel to be responsible for communicating with search and rescue authorities in case of an emergency.

 If the water temperature is less than 15°C, a person who operates or permits another person to operate a passenger-carrying vessel that does not carry on board a life raft shall ensure that equipment is carried on board the vessel or that procedures are established to protect all persons on board from the effects of hypothermia or cold shock resulting from swamping, capsizing or falling overboard.

  •  (1) A passenger-carrying vessel shall be designed and equipped to operate safely in its area of operation.

  • (2) No person shall operate a passenger-carrying vessel under circumstances that exceed its design limitations, if any.

  • (3) Except in an emergency, the operator of a passenger-carrying vessel engaged in towing shall ensure that

    • (a) there are no passengers on board the vessel or the tow; and

    • (b) the vessel meets the requirements of section 521.

 The owner of a passenger-carrying vessel shall not operate or permit another person to operate the vessel unless, before it is first put in service, the owner has informed the Minister, in a form determined by 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.

 The owner of a passenger-carrying vessel shall submit to the Minister, on request, information respecting the physical characteristics of the vessel and the nature of its operation.

Safety Equipment

First Aid Kit

 A passenger-carrying vessel shall carry on board a first aid kit.

Life-Saving Appliances

Personal Life-Saving Appliances

 If a lifejacket that must be carried on board a passenger-carrying vessel is to be worn by a person less than 16 years of age, it shall be inherently buoyant.

  •  (1) A passenger-carrying vessel shall carry on board

    • (a) a lifejacket of an appropriate size for each person on board;

    • (b) a reboarding device, unless the vertical height that must be climbed in order to reboard the vessel is not more than 0.5 m; and

    • (c) for the length of vessel set out in column 1 of the table to this subsection, the additional personal life-saving appliances set out in column 2.

      table

      Column 1Column 2
      ItemLengthAdditional Personal Life-Saving Appliances
      1not more than 6 ma buoyant heaving line of not less than 15 m in length
      2more than 6 m but not more than 9 m
      • (a) a buoyant heaving line of not less than 15 m in length; or

      • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

      3more than 9 m but not more than 12 m
      • (a) a buoyant heaving line of not less than 15 m in length; and

      • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

      4more than 12 m
      • (a) a buoyant heaving line of not less than 15 m in length; and

      • (b) a lifebuoy that is equipped with a self-igniting light or attached to a buoyant line of not less than 15 m in length

  • (2) The buoyant heaving line set out in the table to subsection (1) shall be fitted at one end with a buoyant mass that will assist in carrying out the end of the line when the line is thrown.

Visual Signals

 A passenger-carrying vessel of a length set out in column 1 of the table to this section shall carry on board the visual signals set out in column 2.

table

Column 1Column 2
ItemLengthVisual Signals
1not more than 6 m
  • (a) a watertight flashlight; and

  • (b) three pyrotechnic distress signals other than smoke signals

2more than 6 m but not more than 9 m
  • (a) a watertight flashlight; and

  • (b) six pyrotechnic distress signals other than smoke signals

3more than 9 m
  • (a) a watertight flashlight; and

  • (b) twelve pyrotechnic distress signals, not more than six of which are smoke signals

Life Rafts

  •  (1) For the purposes of subsection (2), “river” does not include

    • (a) any waters seaward of a line drawn between the extremities of the shore at the river’s mouth at high tide; or

    • (b) the St. Lawrence River east of 70°53′ west longitude.

  • (2) A passenger-carrying vessel shall carry on board one or more life rafts with a total capacity sufficient to carry all persons on board, unless the vessel is

    • (a) not more than 8.5 m in length;

    • (b) engaged on a sheltered waters voyage; or

    • (c) at a distance of not more than two nautical miles from the shore of a river or lake, that distance being measured either from the mainland or from an island that can be used as a safe refuge from the weather.

  • (3) A passenger-carrying vessel that engages in voyages beyond the limits of a near coastal voyage, Class 2 shall not carry on board a coastal life raft unless it carried such a life raft on board before the day on which these Regulations came into force.

  • (4) For the purposes of subsections (2) and (3), near coastal voyage, Class 2 and sheltered waters voyage have the same meaning as in the Vessel Certificates Regulations.

Vessel Safety Equipment

  •  (1) A passenger-carrying vessel of a length set out in column 1 of the table to this subsection shall carry on board the vessel safety equipment set out in column 2.

    table

    Column 1Column 2
    ItemLengthVessel Safety Equipment
    1not more than 9 m
    • (a) either

      • (i) a manual propelling device, or

      • (ii) an anchor, and not less than 15 m of cable, rope or chain or any combination of them; and

    • (b) a bailer or manual bilge pump

    2more than 9 m but not more than 12 m
    • (a) an anchor, and not less than 30 m of cable, rope or chain or any combination of them; and

    • (b) a manual bilge pump

    3more than 12 m
    • (a) an anchor, and not less than 50 m of cable, rope or chain or any combination of them; and

    • (b) a manual bilge pump

  • (2) A bailer or manual bilge pump is not required to be carried on board a passenger-carrying vessel that cannot retain a sufficient quantity of water to make it capsize or whose compartments are sealed and are not readily accessible.

Navigation Equipment

  •  (1) A passenger-carrying vessel of a length set out in column 1 of the table to this subsection shall carry on board the navigation equipment set out in column 2 as indicated in that column.

    table

    Column 1Column 2
    ItemLengthNavigation Equipment
    1not more than 9 m
    2more than 9 m but not more than 12 m
    3more than 12 m
  • (2) A magnetic compass is not required to be carried on board a passenger-carrying vessel that is not more than 8 m in length and that navigates within sight of seamarks.

Firefighting Equipment

  •  (1) A passenger-carrying vessel of a length set out in column 1 of the table to this subsection shall carry on board the firefighting equipment set out in column 2 as indicated in that column.

    table

    Column 1Column 2
    ItemLengthFirefighting Equipment
    1not more than 6 m
    • (a) a 1A:5B:C portable fire extinguisher; and

    • (b) a 1A:5B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance

    2more than 6 m but not more than 9 m
    • (a) a 2A:10B:C portable fire extinguisher;

    • (b) a 2A:10B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance; and

    • (c) a 10B:C portable fire extinguisher at the entrance to the engine space

    3more than 9 m but not more than 12 m
    • (a) a 2A:10B:C portable fire extinguisher;

    • (b) a 2A:10B:C portable fire extinguisher at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance;

    • (c) a 10B:C portable fire extinguisher at the entrance to the engine space;

    • (d) a fire axe; and

    • (e) a fire bucket

    4more than 12 m
    • (a) a 2A:20B:C portable fire extinguisher;

    • (b) a 2A:20B:C portable fire extinguisher at the following locations:

      • (i) at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance, and

      • (ii) at the entrance to each accommodation space;

    • (c) a 20B:C portable fire extinguisher at the entrance to the engine space;

    • (d) a manual or power-driven fire pump, located outside the engine space, that conforms to the construction standards;

    • (e) a fire hose and nozzle from which a jet of water can be directed into any part of the vessel;

    • (f) a fire axe; and

    • (g) two fire buckets

  • (2) A passenger-carrying vessel that is not power-driven and is not equipped with an electrical system is not required to carry on board the portable fire extinguisher set out in paragraph (a) of items 1 to 4 of the table to subsection (1).

  • (3) The portable fire extinguishers set out in the table to subsection (1) shall be mounted with a clamp or bracket that provides a quick and positive release.

  • (4) A portable fire extinguisher intended for use in an accommodation space, or stored in an accommodation space, shall not contain a gas extinguishing agent.

  •  (1) A passenger-carrying vessel that is not more than 6 m in length and that has an enclosed engine space shall have provision for discharging a portable fire extinguisher directly into the engine space without the need to open the primary access to that space.

  • (2) The provision for direct discharge shall be marked in accordance with the construction standards to clearly indicate its firefighting purpose.

  • (3) The provision for direct discharge shall be capable of accommodating the discharge nozzle of the fire extinguisher and shall be arranged so that the fire extinguisher may be discharged in accordance with the manufacturer’s instructions.

  • (4) If the passenger-carrying vessel is fitted with a fixed fire extinguishing system in accordance with section 741, a provision for direct discharge is not required.

 A portable fire extinguisher that is intended to be discharged directly into an enclosed engine space shall

  • (a) contain 1.2 kg of carbon dioxide per cubic metre of gross enclosed engine space volume or, if it does not contain carbon dioxide, contain a sufficient quantity of a clean agent to provide the same protection as carbon dioxide;

  • (b) if it contains carbon dioxide, be able to be completely discharged in not more than 60 seconds and if it contains a clean agent, in not more than 10 seconds; and

  • (c) be in addition to the portable fire extinguishers required by section 414.

  • SOR/2013-235, s. 33(E).

 A passenger-carrying vessel that is more than 6 m in length and that has provision for discharging a portable fire extinguisher directly into the engine space in accordance with paragraph 741(1)(b), instead of being fitted with a fixed fire extinguishing system in accordance with paragraph 741(1)(a), shall carry on board the portable fire extinguisher referred to in section 416.

  •  (1) A passenger-carrying vessel that is not more than 6 m in length shall be fitted with

    • (a) in each engine space, a heat detector that

      • (i) is hard-wired to a red visual alarm and to an audible alarm of at least 84 dB, both of which are to be located at the operating position,

      • (ii) has a green light indicating power at the detector, and

      • (iii) is powered by the vessel’s electrical system; and

    • (b) in each accommodation and service space, other than in low risk spaces such as washrooms and void spaces, a fire detector that

      • (i) is certified by a product certification body,

      • (ii) has a built-in audible alarm of at least 84 dB, and

      • (iii) may be powered with an internal battery.

  • (2) Paragraph (1)(a) does not apply in respect of a vessel in which the engine is enclosed in such a manner that a fire would be immediately apparent to a person at the operating position.

Equipment Stowage

 The equipment required by this Part shall be protected from damage and securely stowed and, if stowed in a locker or container, the outside of the locker or container shall be clearly marked to indicate its contents.

Emergency Procedures

 The owner and the operator of a passenger-carrying vessel shall ensure that

  • (a) procedures are established for the use of the vessel’s life-saving appliances and fire extinguishing equipment in case of an emergency; and

  • (b) the crew practises the procedures so as to be at all times proficient in carrying them out.

PART 5Workboats of Not More than 15 Gross Tonnage

Application

  •  (1) This Part applies in respect of a workboat of not more than 15 gross tonnage.

  • (2) Sections 502 to 521 do not apply in respect of a workboat that meets the safety equipment requirements of another country and that is

    • (a) registered in that country as having the right to fly the flag of that country; or

    • (b) licensed in that country and not principally maintained and operated in Canada.

General Requirements

  •  (1) A workboat shall be designed and equipped to operate safely in its area of operation.

  • (2) No person shall operate a workboat under circumstances that exceed its design limitations, if any.

 The owner of a workboat shall not operate or permit another person to operate the workboat unless, before it is first put into service, the owner has informed the Minister, in a form determined by the Minister, of

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

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

  • (c) the nature of its operation.

 The owner of a workboat shall submit to the Minister, on request, information respecting the physical characteristics of the workboat and the nature of its operation.

Safety Equipment

First Aid Kit

 A workboat shall carry on board a first aid kit.

Life-Saving Appliances

Personal Life-Saving Appliances

 If a lifejacket that must be carried on board a workboat is to be worn by a person less than 16 years of age, it shall be inherently buoyant.

  •  (1) A workboat shall carry on board

    • (a) a lifejacket of an appropriate size for each person on board;

    • (b) a reboarding device, unless the vertical height that must be climbed in order to reboard the workboat is not more than 0.5 m; and

    • (c) for the length of workboat set out in column 1 of the table to this subsection, the additional personal life-saving appliances set out in column 2.

      table

      Column 1Column 2
      ItemLengthAdditional Personal Life-Saving Appliances
      1not more than 6 ma buoyant heaving line of not less than 15 m in length
      2more than 6 m but not more than 9 m
      • (a) a buoyant heaving line of not less than 15 m in length; or

      • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

      3more than 9 m but not more than 12 m
      • (a) a buoyant heaving line of not less than 15 m in length; and

      • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

      4more than 12 m
      • (a) a buoyant heaving line of not less than 15 m in length; and

      • (b) a lifebuoy that is equipped with a self-igniting light or attached to a buoyant line of not less than 15 m in length

  • (2) The buoyant heaving line set out in the table to subsection (1) shall be fitted at one end with a buoyant mass that will assist in carrying out the end of the line when the line is thrown.

Visual Signals

  •  (1) A workboat of a length set out in column 1 of the table to this subsection shall carry on board the visual signals set out in column 2.

    table

    Column 1Column 2
    ItemLengthVisual Signals
    1not more than 6 m
    • (a) a watertight flashlight; and

    • (b) three pyrotechnic distress signals other than smoke signals

    2more than 6 m but not more than 9 m
    • (a) a watertight flashlight; and

    • (b) six pyrotechnic distress signals other than smoke signals

    3more than 9 m
    • (a) a watertight flashlight; and

    • (b) twelve pyrotechnic distress signals, not more than six of which are smoke signals

  • (2) When operating within a recognized log booming ground, a tug that is not more than 6 m in length is not required to carry on board the visual signals set out in the table to subsection (1).

Life Rafts

  •  (1) A workboat that is more than 12 m in length shall carry on board one or more life rafts with a total capacity sufficient to carry all persons on board the vessel.

  • (2) If the water temperature is more than 15°C, the vessel may carry on board a buoyant apparatus instead of a life raft.

  • (3) A buoyant apparatus shall be of a type that has been approved by the United States Coast Guard and the information contained in the nameplate shall be in English and French.

Life-Saving Appliances — Additional Requirements for Tugs

  •  (1) If there are two or more persons on board a tug that is more than 8.5 m in length, it shall carry on board one or more life rafts with a total capacity sufficient to carry all the persons on board.

  • (2) A tug that engages in voyages beyond the limits of a near coastal voyage, Class 2 shall not carry on board a coastal life raft unless it carried such a life raft on board before the day on which these Regulations came into force.

  • (3) For the purposes of subsection (2), near coastal voyage, Class 2 has the same meaning as in the Vessel Certificates Regulations.

Vessel Safety Equipment

  •  (1) A workboat of a length set out in column 1 of the table to this subsection shall carry on board the vessel safety equipment set out in column 2.

    table

    Column 1Column 2
    ItemLengthVessel Safety Equipment
    1not more than 9 m
    • (a) either

      • (i) a manual propelling device, or

      • (ii) an anchor, and not less than 15 m of cable, rope or chain or any combination of them; and

    • (b) a bailer or manual bilge pump

    2more than 9 m but not more than 12 m
    • (a) an anchor, and not less than 30 m of cable, rope or chain or any combination of them; and

    • (b) a manual bilge pump

    3more than 12 m
    • (a) an anchor, and not less than 50 m of cable, rope or chain or any combination of them; and

    • (b) a manual bilge pump

  • (2) A bailer or manual bilge pump is not required to be carried on board a workboat that cannot retain a sufficient quantity of water to make it capsize or whose compartments are sealed and are not readily accessible.

  • (3) When operating within a recognized log booming ground, a tug that is not more than 6 m in length is not required to carry on board the manual propelling device or anchor set out in the table to subsection (1).

Navigation Equipment

  •  (1) A workboat of a length set out in column 1 of the table to this subsection shall carry on board the navigation equipment set out in column 2 as indicated in that column.

    table

    Column 1Column 2
    ItemLengthNavigation Equipment
    1not more than 9 m
    2more than 9 m but not more than 12 m
    3more than 12 m
  • (2) A magnetic compass is not required to be carried on board a workboat that is not more than 8 m in length and that navigates within sight of seamarks.

Firefighting Equipment

  •  (1) A workboat of a length set out in column 1 of the table to this subsection shall carry on board the firefighting equipment set out in column 2 as indicated in that column.

    table

    Column 1Column 2
    ItemLengthFirefighting Equipment
    1not more than 6 m
    • (a) a 1A:5B:C portable fire extinguisher; and

    • (b) a 1A:5B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance

    2more than 6 m but not more than 9 m
    • (a) a 2A:10B:C portable fire extinguisher;

    • (b) a 2A:10B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance; and

    • (c) a 10B:C portable fire extinguisher at the entrance to the engine space

    3more than 9 m but not more than 12 m
    • (a) a 2A:10B:C portable fire extinguisher;

    • (b) a 2A:10B:C portable fire extinguisher at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance;

    • (c) a 10B:C portable fire extinguisher at the entrance to the engine space;

    • (d) a fire axe; and

    • (e) a fire bucket

    4more than 12 m
    • (a) a 2A:20B:C portable fire extinguisher;

    • (b) a 2A:20B:C portable fire extinguisher at the following locations:

      • (i) at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance, and

      • (ii) at the entrance to each accommodation space;

    • (c) a 20B:C portable fire extinguisher at the entrance to the engine space;

    • (d) a manual or power-driven fire pump, located outside the engine space, that conforms to the construction standards;

    • (e) a fire hose and nozzle from which a jet of water can be directed into any part of the vessel;

    • (f) a fire axe; and

    • (g) two fire buckets

  • (2) A workboat that is not power-driven and is not equipped with an electrical system is not required to carry on board the portable fire extinguisher set out in paragraph (a) of items 1 to 4 of the table to subsection (1).

  • (3) The portable fire extinguishers set out in the table to subsection (1) shall be mounted with a clamp or bracket that provides a quick and positive release.

  • (4) A portable fire extinguisher intended for use in an accommodation space, or stored in an accommodation space, shall not contain a gas extinguishing agent.

  •  (1) A workboat that is not more than 6 m in length and that has an enclosed engine space shall have provision for discharging a portable fire extinguisher directly into the engine space without the need to open the primary access to that space.

  • (2) The provision for direct discharge shall be marked in accordance with the construction standards to clearly indicate its firefighting purpose.

  • (3) The provision for direct discharge shall be capable of accommodating the discharge nozzle of the fire extinguisher and shall be arranged so that the fire extinguisher may be discharged in accordance with the manufacturer’s instructions.

  • (4) If the workboat is fitted with a fixed fire extinguishing system in accordance with section 741, a provision for direct discharge is not required.

 A portable fire extinguisher that is intended to be discharged directly into an enclosed engine space shall

  • (a) contain 1.2 kg of carbon dioxide per cubic metre of gross enclosed engine space volume or, if it does not contain carbon dioxide, contain a sufficient quantity of a clean agent to provide the same protection as carbon dioxide;

  • (b) if it contains carbon dioxide, be able to be completely discharged in not more than 60 seconds, and if it contains a clean agent, in not more than 10 seconds; and

  • (c) be in addition to the portable fire extinguishers required by section 512.

 A workboat that is more than 6 m in length and that has provision for discharging a portable fire extinguisher directly into the engine space in accordance with paragraph 741(1)(b), instead of being fitted with a fixed fire extinguishing system in accordance with paragraph 741(1)(a), shall carry on board the portable fire extinguisher referred to in section 514.

  •  (1) A workboat that is not more than 6 m in length shall be fitted with

    • (a) in each engine space, a heat detector that

      • (i) is hard-wired to a red visual alarm and to an audible alarm of at least 84 dB, both of which are to be located at the operating position,

      • (ii) has a green light indicating power at the detector, and

      • (iii) is powered by the vessel’s electrical system; and

    • (b) in each accommodation and service space, other than in low-risk spaces such as washrooms and void spaces, a fire detector that

      • (i) is certified by a product certification body,

      • (ii) has a built-in audible alarm of at least 84 dB, and

      • (iii) may be powered with an internal battery.

  • (2) Paragraph (1)(a) does not apply in respect of a vessel in which the engine is enclosed in such a manner that a fire would be immediately apparent to a person at the operating position.

Exception for Personal Watercraft

 If every person on board a personal watercraft is wearing a personal flotation device or a lifejacket of an appropriate size, the personal watercraft is required to carry on board only the following safety equipment:

  • (a) a sound-signalling device;

  • (b) a watertight flashlight or three pyrotechnic distress signals other than smoke signals;

  • (c) a magnetic compass, if the personal watercraft is navigated out of sight of seamarks;

  • (d) navigation lights that meet the requirements of the Collision Regulations, if the personal watercraft is operated after sunset or before sunrise or in periods of restricted visibility; and

  • (e) a first aid kit.

Alternative Safety Equipment for Racing

 A racing workboat that is engaged in formal training, in an official competition or in final preparation for an official competition, and that is operated under conditions of clear visibility and is attended by a safety craft, may carry on board the safety equipment that is required by the rules of the governing body instead of the safety equipment required by this Part.

Equipment Stowage

 The equipment required by this Part shall be protected from damage and securely stowed and, if stowed in a locker or container, the outside of the locker or container shall be clearly marked to indicate its contents.

Emergency Procedures

 The owner and the operator of a workboat shall ensure that

  • (a) procedures are established for the use of the workboat’s life-saving appliances and fire extinguishing equipment in case of an emergency; and

  • (b) the crew practises the procedures so as to be at all times proficient in carrying them out.

Towing Operations — Additional Requirements

 A workboat that engages in towing operations shall

  • (a) keep two lifejackets in the wheelhouse and two others in the engine space if that space is normally occupied;

  • (b) have means readily available for immediately releasing or cutting the tow line in case of an emergency;

  • (c) have two means of escape from the wheelhouse directly to the outside, located so that one means of escape is available in the event of a heel;

  • (d) be clear of obstructions aft of the towing point to allow the tow line to swing freely;

  • (e) if it is a decked vessel,

    • (i) be watertight aft of the towing point or the engine space, whichever is further forward, and

    • (ii) be capable of draining any accumulated water rapidly overboard; and

  • (f) if it is not a decked vessel, have positive buoyancy when swamped, or a gunwale of adequate height to resist swamping as a result of an emergency with the tow.

PART 6Critical Safety Requirements

Application

  •  (1) This Part applies in respect of a vessel that is operated, repaired or maintained in Canada and that is not a vessel to which Part 7 applies.

  • (2) This Part does not apply in respect of an antique wooden pleasure craft that is repaired and maintained to conserve its original state.

General Requirements

  •  (1) A person who operates or permits another person to operate a vessel, or who repairs or maintains a vessel, shall ensure that the vessel meets the requirements of this Part.

  • (2) The owner and the operator of a vessel other than a pleasure craft shall ensure that the vessel has adequate stability and structural strength to safely carry out its intended operations.

Watertight Closures

  •  (1) Every vessel shall have the means for positively shutting off underwater penetrations, with the exception of wet exhaust systems, and, if the means of shut-off are located in an area where there is a risk of fire, the means shall be made of material that is not susceptible to fire damage.

  • (2) Subsection (1) does not apply in respect of a vessel that meets the requirements for level flotation set out in the construction standards and that is provided with other means for stopping the admission of water in the event of failure of pipes, tubing or hose lines penetrating the hull below the waterline.

Ventilation

 In order to remove any combustible vapours from an enclosed gasoline engine space on a vessel other than a personal watercraft, the ventilation system for the space shall be supplemented by powered ventilation.

Fuel Systems

  •  (1) No person shall install a fuel-burning appliance or system on a vessel unless the appliance or system and its installation conform to the recommended practices and standards.

  • (2) No person shall install on a passenger-carrying vessel a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha.

  • (3) No person shall install a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha on a vessel in a manner that permits or is likely to permit ingress or trapping of the fuel or vapours below deck.

 No person shall install or maintain a fuel tank or a fuel system on a vessel in a manner that permits or is likely to permit leakage of fuel or spillage of fuel.

 A fixed fuel tank on a vessel shall have a means for the overboard ventilation of combustible vapours.

 No person shall install below deck or enclose by boxing, on a vessel, an inboard engine that uses gasoline as a fuel unless the carburetor or throttle body fuel injector, if any, is fitted with a flame arrestor.

Electrical Systems

  •  (1) An electrical component shall be certified by a product certification body or a testing laboratory as being ignition-protected in accordance with

    • (a) Society of Automotive Engineers Recommended Practice SAE J1171, External Ignition Protection of Marine Electrical Devices; or

    • (b) Underwriters Laboratories, Inc. Standard UL 1500, Ignition-Protection Test for Marine Products.

  • (2) Subsection (1) does not apply if

    • (a) the vessel uses diesel as its only fuel source;

    • (b) the electrical component is isolated, in accordance with the specifications set out in the construction standards, from fuel sources such as

      • (i) engines and cooking appliances,

      • (ii) valves, connections or other fittings on vent lines, fill lines or distribution lines, and

      • (iii) fuel tanks; or

    • (c) the electrical component is located in a compartment where the only source of flammable vapour is from liquified-petroleum-gas or compressed-natural-gas appliances, cylinders, fittings, valves or regulators, and the compartment

      • (i) has, for every cubic metre of net internal volume, at least 0.34 m2 of open area exposed to the atmosphere outside the vessel, or

      • (ii) is an accommodation space.

Pumping and Bailing

 A watertight compartment on a vessel shall be provided with a means of pumping or with access for bailing when the vessel is in any operating condition, unless the vessel cannot retain a sufficient quantity of water to make it capsize or the compartment is sealed and is not readily accessible.

PART 7Construction Requirements

Application

  •  (1) This Part applies in respect of a vessel that is constructed, manufactured or rebuilt in, or imported into, Canada in order to be sold or operated in Canada and that is

    • (a) propelled or designed to be propelled by an engine;

    • (b) permanently fitted with an auxiliary engine; or

    • (c) fitted with a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha.

  • (2) Only sections 701, 703 and 704 apply in respect of a pleasure craft that is 24 m or more in length.

  • (3) If a personal watercraft is constructed, manufactured or rebuilt in accordance with ISO 13590, then only sections 701, 702, 704 to 709 and 711 apply in respect of the personal watercraft.

  • (4) This Part does not apply in respect of

    • (a) a vessel that is registered in another country as having the right to fly the flag of that country;

    • (b) a vessel that is principally maintained and operated in another country and that is not licensed or registered in Canada; or

    • (c) a tug.

General Requirement

 Unless otherwise indicated in these Regulations, the builder, manufacturer, rebuilder, importer and owner of a vessel shall ensure that the vessel meets the requirements of this Part.

Pleasure Craft

 A pleasure craft shall meet

  • (a) the construction requirements of this Part; or

  • (b) if its date of construction, manufacture or rebuilding or its date of importation is before the day on which these Regulations come into force, the construction requirements in force on that date.

 A pleasure craft that is 24 m or more in length shall be constructed, manufactured or rebuilt in accordance with the applicable recommended practices and standards in force on its date of construction, manufacture or rebuilding.

Safety Notice

 Every safety notice required under this Part shall

  • (a) meet the requirements of American Boat and Yacht Council Standard T-5, Safety Signs and Labels;

  • (b) be in English and French; and

  • (c) be placed in a plainly visible location near the hazard.

Personal Watercraft

  •  (1) Every personal watercraft shall display a safety notice that indicates the precautions that must be taken in order to minimize the risk of fire and explosion, including the information set out in the construction standards.

  • (2) Every personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590 shall display, in English and French, a builder’s plate that meets the requirements of that standard.

Obligations of an Owner of a Vessel Other than a Pleasure Craft

 The owner of a vessel other than a pleasure craft shall, before operating or permitting another person to operate the vessel, ensure that it meets the requirements of sections 707 and 708.

  •  (1) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is on or after the day on which these Regulations come into force shall meet the construction requirements of this Part.

  • (2) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is within the period beginning on April 1, 2005 and ending on the day before the day on which these Regulations come into force shall conform to the 2004 edition of the construction standards.

  •  (1) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is before April 1, 2005 shall conform to the 2004 edition of the construction standards, or to the recommended practices and standards that provide a level of safety at least equivalent to that provided by the 2004 edition of the construction standards.

  • (2) A critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards.

  • (3) A non-critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if

    • (a) the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards; or

    • (b) the owner of the vessel demonstrates to the satisfaction of the Minister that the modifications required to bring the element into conformity with the 2004 edition of the construction standards are so extensive that they would render it unreasonable or impractical to modify the element and would not significantly improve the safety of the vessel.

  • (4) Subject to subsection (5), if the Minister is satisfied by the demonstration referred to in paragraph (3)(b), the Minister shall take one or more of the following measures:

    • (a) allow the owner of the vessel three years to bring the element into conformity with the 2004 edition of the construction standards or the recommended practices and standards;

    • (b) restrict the operation of the vessel to match the limitations resulting from the non-conformity; or

    • (c) require the vessel to carry on board additional safety equipment.

  • (5) The Minister is not required to take any measures if the modifications required to bring a non-critical safety element into conformity would result in a negligible increase in the level of safety of the vessel.

  • (6) If the Minister takes any measures, the owner of a vessel shall not operate or permit another person to operate the vessel unless it is in compliance with the measures.

  • (7) An element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards if

    • (a) it has been used on a vessel of a similar type operated for a similar purpose in the past five years without a marine occurrence or other event related to a deficiency in its construction or maintenance in an area where the wind and wave conditions are no less severe than those likely to be encountered in the vessel’s intended area of operation;

    • (b) it conforms to the recommended practices and standards that are appropriate for the vessel and its operation; or

    • (c) it meets the safety objectives of the 2004 edition of the construction standards.

  • (8) The critical safety elements of the 2004 edition of the construction standards are those in respect of

    • (a) watertight and weathertight integrity of the hull, decks and superstructure;

    • (b) structural strength;

    • (c) underwater penetration of the hull;

    • (d) buoyancy and stability;

    • (e) water-freeing arrangements;

    • (f) means of protecting persons from falls;

    • (g) installation and maintenance of fuel systems;

    • (h) ventilation of combustible vapours;

    • (i) fuel-burning, cooking and heating installations;

    • (j) ignition-protected electrical components;

    • (k) bilge-pumping arrangements; and

    • (l) fire safety.

Particular Design — Vessel

 If the design of a type of vessel or of a system or component of a vessel would render it unsafe, unsuitable or impracticable to construct, manufacture or rebuild the vessel in accordance with the construction requirements, the vessel may be constructed, manufactured or rebuilt according to the recommended practices and standards that provide a level of safety at least equivalent to that provided by the construction requirements and that are applicable to the construction, manufacture or rebuilding of a vessel of that design, for example,

  • (a) a dynamically supported craft;

  • (b) a submarine;

  • (c) a wing-in-ground-effect vessel; and

  • (d) a hydroplane or other high-powered, low-volume vessel that is used exclusively for racing.

Major Modifications

  •  (1) The owner of a vessel and every person who is responsible for making a major modification to the vessel shall ensure that the major modification is in accordance with the construction requirements as they read on the day on which the modification was started.

  • (2) If a major modification is made to a vessel other than a pleasure craft, the owner of the vessel shall inform the Minister of the modification and, if requested by the Minister, shall provide the Minister with the technical data necessary to determine the vessel’s compliance with the construction requirements.

  • (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 vessel or the nature of a system on board a vessel, that affects its watertight integrity or its stability, or, except in the case of the restoration of an antique wooden pleasure craft, that substantially increases its service life.

Plans

  •  (1) If it is necessary, because of the type or design of a vessel other than a pleasure craft, to obtain information in order to establish the vessel’s compliance with the construction requirements, the builder, manufacturer, rebuilder, importer or owner of the vessel shall submit to the Minister, on request, the following documents:

    • (a) the general arrangement of the vessel;

    • (b) a diagram of the propulsion system;

    • (c) the general arrangement and identification of the machinery, including a description of the bilge pumping systems, fuel systems and firefighting systems;

    • (d) a one-line electrical diagram.

  • (2) If a vessel, other than a pleasure craft, was constructed, manufactured or rebuilt before the day on which these Regulations came into force, the owner of the vessel may submit photographs and technical data instead of the documents referred to in subsection (1).

Protection from Falling

  •  (1) A vessel, other than a pleasure craft, that is more than 6 m in length shall, in accordance with the construction standards, have means of protecting persons from falls or from falling overboard.

  • (2) A vessel, other than a pleasure craft, that is not more than 6 m in length and every pleasure craft shall be equipped with handhold devices and guard rails in accordance with sections H41.5 and H41.6 of American Boat and Yacht Council Standard H41, Reboarding Means, Ladders, Handholds, Rails, and Lifelines.

Structural Strength and Seaworthiness

  •  (1) A vessel’s structural strength shall conform to the construction standards.

  • (2) A vessel’s structural strength and watertight integrity shall be adequate for its intended use, taking into account the maximum anticipated loads. The vessel’s strength and integrity are adequate if

    • (a) the vessel is constructed, manufactured or rebuilt in accordance with the recommended practices and standards for the type of vessel;

    • (b) the vessel’s design has been used for a vessel of the same type that was operated for at least five years without a marine occurrence or other event related to a deficiency in its construction or maintenance in an area where the wind and wave conditions are no less severe than those likely to be encountered in the vessel’s intended area of operation;

    • (c) the vessel’s design is supported by calculations or test documents proving that the design achieves the required structural strength; or

    • (d) in the case of an open vessel, the structural strength and watertight integrity are achieved by following traditional construction methods that have proven to be effective and reliable over time.

  • (3) The materials and equipment used in the construction, manufacture or rebuilding of a vessel shall be suited to the operating and environmental conditions that the vessel may encounter.

  • (4) The owner of a vessel shall ensure that the structural strength and watertight integrity of the vessel continue to be adequate for its intended use.

  • (5) The hull of a vessel other than a pleasure craft shall be strengthened if the vessel is intended for operation in waters where the presence of ice requires the vessel to make extraordinary manoeuvres in order to avoid hull damage.

  • (6) On the request of the Minister, the builder, manufacturer, rebuilder, importer or owner of a vessel shall demonstrate that the vessel meets the requirements of this section.

Watertight Integrity

 The design of a vessel’s superstructure, hull and fittings shall provide, in accordance with the construction standards, for the maintenance of watertight integrity and the prevention of downflooding.

Hull Design

 The design of the hull of a pleasure craft that is not more than 6 m in length shall conform to the construction standards for buoyancy, flotation and stability.

  •  (1) The stability of a vessel other than a pleasure craft shall be adequate to safely carry out its intended operations.

  • (2) The owner of a vessel shall demonstrate, on the request of the Minister, that the vessel has adequate stability to safely carry out its intended operations.

  •  (1) This section applies in respect of a vessel, other than a pleasure craft,

    • (a) whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is on or after April 1, 2005; and

    • (b) whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, was before April 1, 2005, if the type of operation or the area of operation of the vessel changed on or after April 1, 2005.

  • (2) The buoyancy, flotation and stability of a vessel that is not more than 6 m in length shall conform to the construction standards.

  • (3) The stability of a vessel that is more than 6 m in length shall conform to

    • (a) the construction standards; or

    • (b) the recommended practices and standards for the type of vessel, other than a monohull vessel.

  • (4) The builder, manufacturer, rebuilder or importer of the vessel shall provide the end user or reseller with a document setting out the design limitations of the vessel, if any, including capacity, power and environmental limitations.

Ventilation

  •  (1) On a vessel, an enclosed space that contains a source of gasoline vapour shall have, in accordance with the construction standards, a natural ventilation system designed to remove any accumulation of combustible vapours.

  • (2) A compartment that, in accordance with the construction standards, has the characteristics of an open space is not required to have a natural ventilation system.

  • (3) On a vessel that is propelled by an outboard engine, any space that is under an engine well or that does not have the characteristics of an open space, and that is capable of accommodating a 23 L portable gasoline tank but is not designed to do so, shall display a safety notice to indicate that the space is not to be used for gasoline tank storage.

  • (4) No supply or exhaust ducting that forms part of the ventilation system shall open into any accommodation space.

 On a vessel other than a personal watercraft, an enclosed space that contains a gasoline engine shall meet the following conditions:

  • (a) its ventilation system shall be supplemented by powered ventilation in accordance with the construction standards; and

  • (b) at each engine ignition switch, a safety notice shall be displayed indicating that the blower is to be operated for four minutes before the engine is started and containing the information set out in the construction standards.

 On a vessel, a space that contains a combustion engine shall be ventilated to ensure a sufficient supply of air for combustion and cooling.

Fuel Systems

  •  (1) No person shall install a fuel-burning appliance or system on a vessel unless the appliance or system and its installation conform to the recommended practices and standards.

  • (2) No person shall install on a passenger-carrying vessel a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha.

  • (3) No person shall install a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha on a vessel in a manner that permits or is likely to permit ingress or trapping of the fuel or vapours below deck.

 No person shall install below deck or enclose by boxing, on a vessel, an inboard engine that uses gasoline as a fuel unless the design of the carburetor or throttle body fuel injector, if any, is in accordance with the construction standards and the carburetor is fitted with a flame arrestor that meets those standards.

 No person shall install or maintain a fuel tank or a fuel system on a vessel in a manner that permits or is likely to permit leakage of fuel or spillage of fuel.

  •  (1) A fuel system on a vessel shall be installed, tested and maintained in accordance with the construction standards.

  • (2) A fitting, joint or connection on a fuel system shall be accessible.

  • (3) A component of a fuel system shall be liquid-tight and vapour-tight to the hull interior in accordance with the construction standards.

  • (4) On a vessel other than a personal watercraft, a fuel tank, fuel filter or fuel-line fitting shall not be installed over a source of ignition.

  •  (1) A fixed fuel tank shall be

    • (a) manufactured and tested in accordance with the construction standards or with the recommended practices and standards that provide a level of safety at least equivalent to that provided by the construction standards; and

    • (b) installed in accordance with the construction standards.

  • (2) A fixed fuel tank shall be fitted with filling and venting arrangements in accordance with the construction standards.

 A fuel system on a vessel shall display, at a point of frequent servicing of the vessel, one or more permanently attached safety notices indicating the precautions that must be taken to minimize the risk of fire, explosion and any other hazard, and containing the information set out in the construction standards.

  •  (1) A flexible hose in the fuel system shall be marked or tagged in accordance with the construction standards.

  • (2) The point of fuelling shall be marked in accordance with the construction standards to indicate the type of fuel to be used.

  • (3) A valve in the fuel system shall be marked to indicate its function and the meaning of each valve position.

  • (4) A fuel tank shall be permanently marked to indicate the information set out in the construction standards.

Electrical Systems

Standards

  •  (1) The electrical systems on a vessel shall meet the following requirements:

    • (a) in the case of an electrical system of 50 v or less,

      • (i) the requirements of the construction standards, or

      • (ii) the requirements of American Boat and Yacht Council Standards E-10, Storage Batteries, and E-11, AC and DC Electrical Systems on Boats, with, for a safety notice, the Canadian modification set out in the construction standards; or

    • (b) in the case of an electrical system of more than 50 v,

      • (i) the requirements of American Boat and Yacht Council Standard E-11, AC and DC Electrical Systems on Boats, with, for a safety notice, the Canadian modification set out in the construction standards, or

      • (ii) the requirements of the recommended practices and standards that are appropriate for the system voltage and that provide a level of safety at least equivalent to that provided by Standard E-11.

  • (2) Every component of the electrical system shall be accessible and shall be marked with the information and specifications set out in the construction standards.

Batteries and Means of Charging

  •  (1) A battery shall

    • (a) be installed and secured in accordance with the construction standards and meet the specifications set out in those standards;

    • (b) be accessible; and

    • (c) if it is an engine starting battery, be provided with an automatic means of charging.

  • (2) A means of charging a battery shall prevent overcharging.

 The location in which a battery is installed shall be dry, well-ventilated and above bilge water level.

Ignition Protection

  •  (1) An electrical component shall be certified by a product certification body or a testing laboratory as being ignition-protected in accordance with

    • (a) Society of Automotive Engineers Recommended Practice SAE J1171, External Ignition Protection of Marine Electrical Devices; or

    • (b) Underwriters Laboratories, Inc. Standard UL 1500, Ignition-Protection Test for Marine Products.

  • (2) Subsection (1) does not apply if

    • (a) the vessel uses diesel as its only fuel source;

    • (b) the electrical component is isolated, in accordance with the specifications set out in the construction standards, from fuel sources such as

      • (i) engines and cooking appliances,

      • (ii) valves, connections or other fittings on vent lines, fill lines or distribution lines, and

      • (iii) fuel tanks; or

    • (c) the electrical component is located in a compartment where the only source of flammable vapour is from liquified-petroleum-gas or compressed-natural-gas appliances, cylinders, fittings, valves or regulators, and the compartment

      • (i) has, for every cubic metre of net internal volume, at least 0.34 m2 of open area exposed to the atmosphere outside the vessel, or

      • (ii) is an accommodation space.

Emergency Lighting

 Every vessel, other than a pleasure craft, that is more than 6 m in length shall have emergency lighting installed in accordance with the construction standards to allow passengers and crew to exit from any area of the vessel in case of an emergency.

Machinery Systems

Exhaust Systems

 Every exhaust system and muffler on a vessel equipped with an inboard or stern-drive engine or a permanently installed auxiliary engine shall prevent the leakage of exhaust gases and shall conform to the construction standards.

Auxiliary Machinery

 Sections 735 to 739 apply in respect of a vessel, other than a pleasure craft, that is more than 6 m in length.

  •  (1) Every machinery system on a vessel shall conform to the construction standards.

  • (2) Guards shall be installed on a vessel to protect persons from injury where persons may come into contact with moving parts of machinery systems on the vessel.

  • (3) Every operating position on a vessel shall be fitted with the instruments and controls set out in the construction standards.

  •  (1) A watertight compartment on a vessel shall be provided with a means of pumping or with access for bailing when the vessel is in any operating condition, unless the vessel cannot retain a sufficient quantity of water to make it capsize or the compartment is sealed and is not readily accessible.

  • (2) If the bilge space on a vessel is not easily visible from the operating position, the space shall, in accordance with the construction standards, be fitted with

    • (a) an automatic high bilge-water alarm; and

    • (b) a bilge pumping system or, in the case of a vessel that is not more than 12 m in length, a permanently installed automatic bilge pump that is connected to an indicator showing when the pump is running and to an overriding manual switch, both of which are to be located at the operating position.

  • (3) An automatic bilge pump or a bilge pumping system shall have a minimum capacity of 0.91 L/s.

  •  (1) A vessel shall be fitted with a safe and reliable main steering gear that is operable from the operating position and capable of manoeuvring the vessel under normal operating conditions.

  • (2) The main steering gear shall be protected from obstructions, excessive heat and mechanical wear.

  • (3) A vessel shall be fitted with a means of emergency steering in accordance with the construction standards if

    • (a) the vessel is operated in remote areas or areas where help is not readily available; or

    • (b) the main steering gear is fitted with a remote control.

  • (4) A means of emergency steering is not required if the vessel is fitted with a main steering arrangement that is

    • (a) a rudder and hand tiller; or

    • (b) an outboard engine or stern-drive.

 A person installing a combustion engine on a vessel for propulsion or auxiliary purposes shall ensure that the engine is designed for marine use.

 The materials and dimensions of shafting and propellers shall be determined in accordance with the manufacturer’s specifications or with the recommended practices and standards.

Fire Safety

 A vessel, other than a pleasure craft, that is more than 6 m in length shall be fitted, in accordance with the construction standards, with

  • (a) a fire alarm panel;

  • (b) a dual action rate-of-rise and fixed temperature detector in each engine space; and

  • (c) a fire detector in each accommodation and service space, other than in low-risk spaces such as washrooms and void spaces.

  •  (1) Every vessel, other than a pleasure craft, that is more than 6 m in length and that has an enclosed engine space shall

    • (a) be fitted with a fixed fire extinguishing system having a sufficient quantity of fire extinguishing agent for the protection of the space in accordance with the construction standards; or

    • (b) have provision for discharging a portable fire extinguisher that meets the requirements of section 416 or 514 directly into the engine space without the need to open the primary access to that space.

  • (2) A gas, other than carbon dioxide, that is used as a fire extinguishing agent shall provide protection at least equivalent to that provided by carbon dioxide.

  • (3) A fixed fire extinguishing system shall be certified for marine use by a product certification body or a classification society and installed in accordance with the manufacturer’s instructions.

  •  (1) A vessel, other than a pleasure craft, that is more than 6 m in length shall be provided with a minimum of two means of escape in each accommodation, service and engine space, in accordance with the construction standards.

  • (2) Only one means of escape is required in an accommodation, service or engine space if

    • (a) the space is not normally occupied;

    • (b) the dimensions of the space do not permit more than one means of escape; or

    • (c) the deck area is not more than 28 m2.

PART 8Compliance Notices

Application

  •  (1) This Part applies in respect of a vessel that is propelled or designed to be propelled by an engine and that is constructed, manufactured or rebuilt in, or imported into, Canada to be sold or operated in Canada.

  • (2) This Part does not apply in respect of

    • (a) a vessel that is registered in another country as having the right to fly the flag of that country;

    • (b) a vessel that is principally maintained and operated in another country and that is not licensed or registered in Canada;

    • (c) a pleasure craft that is 24 m or more in length;

    • (d) a tug; or

    • (e) a high-powered, low-volume vessel that is used exclusively for racing.

Builder, Manufacturer, Rebuilder and Importer

Compliance Notice

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall ensure that, before the initial transfer of ownership of the vessel to the reseller or end user, the vessel is fitted with a compliance notice permanently attached to the inside of the vessel, in a conspicuous location plainly visible from the operating position.

  • (2) Subsection (1) does not apply in respect of a vessel

    • (a) that is constructed, rebuilt or imported by an individual for their personal use; or

    • (b) that meets the following criteria:

      • (i) it is of open construction,

      • (ii) it is not mass-produced,

      • (iii) it is not propelled or designed to be propelled by an inboard engine or stern-drive, and

      • (iv) it has been constructed following traditional methods that have proven to be effective and reliable over time using wood or other traditional materials or, in the case of a canoe, using glass-reinforced plastic.

  • (3) In the case of a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the builder, manufacturer, rebuilder or importer shall ensure that the personal watercraft is fitted not only with a compliance notice, but also with the builder’s plate set out in that standard.

  • (4) In the case of a vessel that has been the subject of an initial transfer of ownership,

    • (a) if the vessel has not been fitted with a compliance notice, the builder, manufacturer, rebuilder or importer shall provide the owner with a compliance notice; or

    • (b) if the vessel has been fitted with a compliance notice that is inaccurate, the builder, manufacturer, rebuilder or importer shall first inform the Minister and then provide the owner with an accurate compliance notice.

  • (5) Subsection (4) does not apply in respect of a pleasure craft that was the subject of an initial transfer of ownership in Canada before the day on which these Regulations came into force.

  • (6) A compliance notice shall

    • (a) be in English and French;

    • (b) contain the information set out in section 802;

    • (c) be in the format set out in the examples provided in the construction standards;

    • (d) be in the form of a plate or label;

    • (e) be capable of withstanding — without loss of legibility — wear, environmental conditions (including salt water spray), and hydrocarbons and all other chemicals to which the vessel may be exposed during normal operation and maintenance; and

    • (f) be made in such a manner that any attempt to remove it or to alter its content will result in the destruction of the notice or in a clearly visible sign of the attempt to remove or alter it.

  • (7) Subsections (1) to (5) do not apply in respect of a vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding or importation is on or before the day on which these Regulations come into force or within one year after that day.

  •  (1) A compliance notice shall contain at least the following information:

    • (a) the model of the vessel;

    • (b) the name of the builder, manufacturer, rebuilder or importer and the manufacturer’s identification code;

    • (c) in the case of a vessel that is not more than 6 m in length, a statement declaring that the vessel met the construction requirements as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (d) in the case of a vessel that is more than 6 m in length, a statement declaring that the vessel met the construction requirements for pleasure craft as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (e) in the case of a vessel that is more than 6 m in length and that meets the construction requirements for a vessel other than a pleasure craft, instead of the statement set out in paragraph (d), a statement declaring that the vessel met the construction requirements for vessels other than pleasure craft as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (f) the design limitations of the vessel, if any;

    • (g) in the case of a vessel that is not more than 6 m in length, other than a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the following recommended maximum safe limits and the circumstances in which the recommendations do not apply:

      • (i) the maximum gross load capacity for the vessel and the details of the capacity that are set out in the construction standards,

      • (ii) the maximum number of persons that the vessel may carry, and

      • (iii) if the vessel is designed to be fitted with an outboard engine, the maximum power of the engine.

  • (2) The recommended maximum safe limits of the vessel shall be calculated in accordance with the applicable methods set out in the construction standards. However, alternative methods may be used if

    • (a) the alternative methods are more accurate; or

    • (b) the alternative methods are more suited to the vessel, owing to its unique nature, and the methods set out in the construction standards would result in recommended maximum safe limits that are less safe or less suitable for the vessel.

Declaration of Conformity

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall prepare a declaration of conformity that

    • (a) is submitted in the form established by the Minister;

    • (b) contains the principal dimensions and specifications of the vessel, the details of the vessel’s compliance with the construction requirements and the information appearing in the compliance notice;

    • (c) is signed by the person who prepares the declaration, if that person is a Canadian resident, or, in any other case, by a representative of that person who is a Canadian resident; and

    • (d) is witnessed by a person authorized to administer oaths under the laws of Canada or a province.

  • (2) The builder, manufacturer, rebuilder or importer who prepares the declaration of conformity shall provide a copy of it to the reseller or end user at the time of the initial transfer of ownership of the vessel and to the Minister at or before that time.

  • (3) In the case of a series of vessels of a single model, the builder, manufacturer, rebuilder or importer shall, not later than March 31 in a calendar year, provide to the Minister, instead of a declaration of conformity for each vessel, a single declaration of conformity for each model of vessel and a report indicating the number of vessels of that model constructed, manufactured, rebuilt or imported during the previous calendar year.

  • (4) The reseller of a vessel shall provide the declaration of conformity to another reseller at the time of the transfer of ownership of the vessel or to the end user at the time of the initial transfer of ownership of the vessel.

Records

  •  (1) Before attaching a compliance notice to a vessel, the builder, manufacturer, rebuilder or importer of the vessel shall establish, in respect of the vessel or model of vessel, the following records:

    • (a) the technical documentation or information used — including the tests or calculations performed — to ensure compliance with the construction requirements; and

    • (b) a copy of the declaration of conformity.

  • (2) The builder, manufacturer, rebuilder or importer of the vessel shall keep the records for a period of seven years after the day on which they are established and shall, on request, provide the records to any person or organization authorized under the Act to carry out inspections.

Owner of a Vessel Other than a Pleasure Craft

Compliance Notice — Required

  •  (1) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is not more than 6 m in length, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (2) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is more than 6 m in length, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements for vessels other than pleasure craft, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (3) If a vessel other than a pleasure craft is not fitted with a compliance notice at the time of the initial transfer of ownership, the owner of the vessel shall request a compliance notice from the builder, manufacturer, rebuilder or importer of the vessel.

  •  (1) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is not more than 6 m in length and that has undergone a change of use, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements in force on the date of the change of use, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (2) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is more than 6 m in length and that has undergone a change of use, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements for a vessel other than a pleasure craft in force on the date of the change of use, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

Compliance Notice — Not Required

 A compliance notice is not required for a vessel other than a pleasure craft in the following cases:

  • (a) the vessel’s construction or reconstruction starts, or its importation or change of use occurs, within one year after the day on which these Regulations come into force;

  • (b) the vessel’s construction or reconstruction starts, or its importation or change of use occurs, more than one year after the day on which these Regulations come into force, and

    • (i) the owner of the vessel has made reasonable efforts to obtain a compliance notice but has been unable to obtain one because of circumstances beyond the owner’s control, and the document referred to in subparagraph (iii) is carried on board,

    • (ii) the builder, manufacturer, rebuilder or importer of the vessel has informed the owner that the compliance notice has been prepared but the owner has not yet received it, or

    • (iii) the vessel has been inspected by a person or an organization authorized under the Act to carry out inspections, or the owner of the vessel is participating in a compliance program authorized by the Minister in respect of that vessel, and a document indicating that the vessel has been inspected or that the owner is participating in the program is carried on board.

Obtaining a Compliance Notice — Temporary Procedure

Application

  •  (1) For a period of one year beginning on the day on which these Regulations come into force, the builder, manufacturer, rebuilder or importer of a vessel may obtain a compliance notice by submitting an application in writing to the Minister in the form established by the Minister.

  • (2) In the case of a vessel that is not more than 6 m in length, other than a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the application shall contain the information set out in the construction standards that is necessary to enable the Minister to calculate the recommended maximum safe limits for that vessel.

Issuance

 If the information provided with an application for a compliance notice is accurate, the Minister shall issue a compliance notice.

Prohibitions

 No person shall

  • (a) remove or alter a compliance notice on a vessel, or a builder’s plate on a personal watercraft, except in accordance with section 811;

  • (b) deface a compliance notice;

  • (c) attach to a vessel, except in accordance with this Part, any form of notice, plate or label indicating that the vessel meets the construction requirements;

  • (d) attach to a vessel a compliance notice that contains untrue information;

  • (e) submit an application required under this Part that contains untrue information; or

  • (f) establish a document or record required under this Part that contains untrue information.

  • SOR/2013-235, s. 34.

Replacement of a Compliance Notice

  •  (1) A person may remove a compliance notice in order to attach a new compliance notice provided by the builder, manufacturer, rebuilder or importer to correct the information contained on a compliance notice.

  • (2) The owner of a vessel may, on informing the Minister, remove a compliance notice if the notice becomes illegible, or if its removal is necessary in order to conduct repairs, and replace it with a new one reproducing the same information. The owner shall retain the original compliance notice, or photographs or documents containing the information that appeared on the notice.

 A person who obtains a new compliance notice for a vessel shall

  • (a) if the vessel has been fitted with a compliance notice in the form of a label, attach the new compliance notice over the existing compliance notice; or

  • (b) if the vessel has been fitted with a compliance notice in the form of a plate, remove and retain the plate before attaching the new compliance notice.

PART 9Hull Serial Numbers

  •  (1) This Part applies in respect of a vessel that is constructed, manufactured, rebuilt or imported in order to be sold or operated in Canada.

  • (2) Section 902 applies in respect of all vessels in Canada.

  • (3) This Part, except section 902, does not apply in respect of

    • (a) a vessel that is registered in another country as having the right to fly the flag of that country;

    • (b) a vessel that is registered under the Act, other than a vessel registered in the small vessel register;

    • (c) a vessel that is not licensed or registered under the Act and that is principally maintained and operated in another country;

    • (d) a tug; or

    • (e) a floating object that is less than 2 m in length and that is not designed to be propelled by an engine.

  • (4) Section 903 does not apply in respect of a vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding or importation is on or before the day on which these Regulations come into force or within one year after that day.

 A person who operates or permits another person to operate a vessel shall ensure that the vessel is marked with a hull serial number in accordance with the requirements of this Part.

  •  (1) No person shall alter, deface or remove a hull serial number.

  • (2) The builder, manufacturer or rebuilder of a vessel may alter a hull serial number in order to correct any error or omission that may have occurred when the number was first marked on the hull of the vessel.

  • (3) A hull serial number may be temporarily removed from a vessel if it is necessary to do so in order to repair or rebuild the vessel and if the number is replaced before the vessel is operated.

  • (4) A hull serial number may be removed by a rebuilder if it is replaced with a new hull serial number.

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall obtain a manufacturer’s identification code from the Minister.

  • (2) The builder, manufacturer or rebuilder of a vessel shall permanently mark a hull serial number on the hull of the vessel before its first sale to a reseller or an end user.

  • (3) The importer of a vessel shall ensure that a hull serial number is permanently marked on the hull of the vessel before its first sale to a reseller or an end user.

  • (4) The builder, manufacturer or rebuilder of a vessel shall permanently mark the hull serial number in a second location on the hull, that is either beneath a fitting or an item of hardware or that is on the interior of the vessel and unexposed, or, in the case of an imported vessel, the importer of the vessel shall ensure that the hull serial number is permanently marked in such a location.

  • (5) The builder, manufacturer, rebuilder or importer of a vessel shall keep a record of the second location of the hull serial number and shall, on request, provide the information to any person or organization authorized under the Act to carry out inspections.

  • (6) If a vessel is imported from a country with which Canada does not have an agreement regarding the sharing of information respecting a manufacturer’s identification code, the importer shall ensure that the country’s alpha-2 code published by the Maintenance Agency for ISO 3166 is added to the hull serial number.

  • (7) A person who is engaged in the business of assembling kit vessels that have a hull serial number shall, before the initial transfer of ownership of the vessel to a reseller or an end user, add a suffix provided by the Minister to the hull serial number in a manner specified by the Minister.

  • (8) If the rebuilder of a vessel does not replace the hull serial number, the rebuilder shall, before the initial transfer of ownership of the vessel to a reseller or an end user, add a suffix provided by the Minister to the hull serial number in a manner specified by the Minister.

  • (9) The hull serial number shall be in the format set out in the construction standards and be located where it is clearly visible when the vessel is in the water, namely,

    • (a) on the upper starboard quarter of the outside surface of the transom; or

    • (b) if the vessel has no transom, on the uppermost starboard side at the aft end of the hull.

  • (10) If a vessel is not marked with a hull serial number, the owner of the vessel shall make a request for such a number to the builder, manufacturer, rebuilder or importer of the vessel.

  • (11) On receipt of a request for a hull serial number, the builder, manufacturer, rebuilder or importer of the vessel shall provide the applicant with a hull serial number on a plate or label, or shall permanently mark the hull serial number on the vessel if the applicant brings the vessel to them.

  • (12) On receipt of a plate or label, the applicant shall permanently attach it to the vessel.

  • (13) The builder, manufacturer or rebuilder of a vessel shall not use the same hull serial number on more than one vessel.

 A vessel is not required to be marked with a hull serial number if

  • (a) despite reasonable efforts, the owner of the vessel is unable to obtain a hull serial number from the builder, manufacturer, rebuilder or importer of the vessel; or

  • (b) the vessel is constructed, manufactured, rebuilt or imported by an individual for personal use.

PART 10Safety Precautions and Operational Requirements

Mufflers

  •  (1) No person shall operate or permit another person to operate a power-driven vessel unless it is equipped with a muffler that is in good working order.

  • (2) No person shall operate or permit another person to operate a vessel equipped with a muffler cut-out or by-pass unless the muffler cut-out or by-pass is visibly disconnected in a manner that ensures it cannot be easily reconnected while the vessel is in operation.

  • (3) Subsections (1) and (2) do not apply in respect of a vessel that

    • (a) was constructed or manufactured before January 1, 1960;

    • (b) is engaged in formal training, in an official competition or in final preparation for an official competition;

    • (c) is propelled by an outboard engine or a stern-drive, if the exhaust gases are directed under water through the propeller hub or below the cavitation plate;

    • (d) is operated at five or more nautical miles from shore; or

    • (e) is propelled by gas turbines or by an aircraft-type propeller operating in air.

Engine Start-up

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

Fuel

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

  • (2) No person shall permit fuel or oil to be discharged from a vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals.

  • (3) No person shall fuel a 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 it is the only person on board.

  • (4) No person shall fuel a 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.

  • (5) No person shall carry gaseous fuel, naphtha, liquefied petroleum gas or compressed natural gas on board a vessel that is carrying passengers. However, liquefied petroleum gas may be carried on board the vessel if

    • (a) the quantity of liquefied petroleum gas does not exceed 30 kg;

    • (b) the gas cylinders are well secured and are protected from damage and from the effects of excessive variations in temperature;

    • (c) the gas cylinders are stored in an open space or in a well-ventilated location; and

    • (d) in a decked vessel, the gas cylinders are stored on an open deck in a manner that will not permit the ingress or accumulation of the gas below deck.

  • (6) No person shall carry fuel on board a vessel in a portable container that has not been designed to carry fuel.

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

  • (a) used only in a well-ventilated location 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 can be isolated from heat sources and ignition sources.

 The owner or operator of a vessel, or the person responsible for its maintenance, shall ensure that the fuel system on the vessel is operated within the temperature and pressure parameters set out in the manufacturer’s recommendations and instructions.

Water Sports

  •  (1) No person shall operate or permit another person to operate a vessel for the purposes of towing a person on the water or in the air

    • (a) unless a person on board other than the operator is keeping watch on every person being towed and is communicating with the operator of the vessel;

    • (b) unless there is seating space on the vessel to accommodate every person being towed;

    • (c) unless every person being towed is wearing a personal flotation device or lifejacket or the vessel carries on board the personal flotation device or lifejacket that would be required under Parts 2, 4 or 5 if the person was on board; or

    • (d) during periods of restricted visibility or in the period beginning one hour after sunset and ending at sunrise.

  • (2) Subsection (1) does not apply in respect of a vessel that is operated during formal training, in an official competition or in a skill demonstration if the vessel meets the safety requirements of a governing body respecting that training, competition or demonstration.

Remote-controlled Vessels and Propeller-driven Surfboards

 No person shall

  • (a) tow themselves using a vessel that is operated by remote control; or

  • (b) operate a propeller-driven surfboard-type vessel.

Prohibition Against Careless Operation

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

PART 11Pleasure Craft Accident Reporting

  •  (1) This section applies in a province whose government has reached an agreement with the Minister in respect of pleasure craft accident reporting procedures, if a notice confirming that agreement has been published in the Canada Gazette.

  • (2) If a pleasure craft is involved in an accident that results in injury to a person who requires medical treatment beyond first aid but not admittance to a hospital or that causes property damage estimated at more than $2,500, the operator of the pleasure craft shall complete an accident report and submit it to the Minister within 14 days after the day of the accident.

  • (3) If a pleasure craft is involved in an accident that results in a fatality, injury to a person who requires admittance to a hospital, or property damage estimated at more than $5,000, following a fire, an explosion or a collision with another vessel or other floating or fixed structure, the operator of the pleasure craft shall report the accident to the local police as soon as possible.

PART 12Repeal and Coming into Force

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on the day on which they are registered.

SCHEDULE(Subsection 6(1))Safety Equipment Standards and Tests

Life Rafts

  • 1 The standards and tests for a SOLAS life raft are those for a life raft that are set out in sections 1.2, 4.1, 4.2 and 4.3 of the LSA Code, in section 5 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 2 The standards and tests for a reduced capacity life raft are those for a SOLAS life raft set out in sections 1.2, 4.1 (except paragraph 4.1.2.1), 4.2 (except paragraph 4.2.6.3.4) and 4.3 of the LSA Code, in section 5 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 3 The standards and tests for a coastal life raft are those set out in TP 14475.

Lifejackets

  • 4 The standards and tests for a small vessel lifejacket are those set out in Canadian General Standards Board Standard CAN/CGSB-65.7-M88, Lifejackets, Inherently Buoyant Type.

  • 5 The standards and tests for a standard lifejacket are those set out in Canadian General Standards Board Standard CAN/CGSB-65-GP-14M, Life Jackets, Inherently Buoyant, Standard Type.

  • 6 The standards and tests for a Class 1 or Class 2 lifejacket are those set out in Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets.

  • 7 The standards and tests for a SOLAS lifejacket are those set out in sections 1.2 and 2.2 of the LSA Code, in section 2 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

Personal Flotation Devices

  • 8 The standards and tests for a personal flotation device are those set out in

    • (a) Canadian General Standards Board Standard CAN/CGSB-65.11-M88, Personal Flotation Devices; or

    • (b) Underwriters Laboratories, Inc. Standard UL 1180, Fully Inflatable Recreational Personal Flotation Devices, and in the Canadian modifications set out in TP 14475.

  • 9 The standards and tests for a personal flotation device intended for use by children are those set out in Canadian General Standards Board Standard CAN/CGSB-65.15-M88, Personal Flotation Devices for Children.

Lifebuoys and Self-Igniting Lights

  • 10 A SOLAS lifebuoy has a nominal outside diameter of 800 mm, and the standards and tests for it are those set out in sections 1.2 and 2.1 of the LSA Code, in section 1 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 11 The standards and tests for a self-igniting light are those set out in

    • (a) section 1.2 and paragraph 2.1.2, without reference to “required by regulation III/7.1.3”, of the LSA Code;

    • (b) section 10 of Part 1 of IMO Resolution MSC.81(70); and

    • (c) the Canadian modifications set out in TP 14475.

  • 12 A small vessel lifebuoy has a nominal outside diameter of 610 mm, and the standards and tests for it are those set out in sections 1.2 and 2.1 ( except paragraphs 2.1.1.1, 2.1.1.3, 2.1.1.4 and 2.1.1.7) of the LSA Code, in section 1 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

Pyrotechnic Distress Signals

  • 13 The standards and tests for a rocket parachute flare are those set out in sections 1.2 and 3.1 of the LSA Code, in section 4 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 14 The standards and tests for a hand flare are those set out in sections 1.2 and 3.2 of the LSA Code, in section 4 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 15 The standards and tests for a buoyant smoke signal are those set out in sections 1.2 and 3.3 of the LSA Code, in section 4 of Part 1 of IMO Resolution MSC.81(70), and in the Canadian modifications set out in TP 14475.

  • 16 The standards and tests for a hand smoke signal are those for a hand orange smoke distress signal that are set out in subpart 160.037 (except paragraphs 160.037–5 and 160.037–7) of Title 46, chapter I of the Code of Federal Regulations of the United States, and in the Canadian modifications set out in TP 14475.

  • 17 The standards and tests for a multi-star flare are those set out in TP 14475.

AMENDMENTS NOT IN FORCE

  • — SOR/2016-163, s. 42

    • 42 Paragraph 8(1)(b) of the Small Vessel RegulationsFootnote 4 is replaced by the following:

      • (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.

  • — SOR/2016-163, s. 43

    • 43 The title of the table to section 14 of the Regulations is replaced by the following:

      TABLE

  • — SOR/2016-163, s. 44

    • 44 Subsection 1002(2) of the Regulations is replaced by the following:

      • (2) No person shall permit fuel or oil to be discharged from a vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in the Vessel Pollution and Dangerous Chemicals Regulations.

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