1. (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.