• 2. (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.

3. 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.

• 4. (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.

• 5. (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.

• 6. (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.