Regulations Respecting Compulsory Insurance for Ships Carrying Passengers (SOR/2018-245)

Marginal note:Application

• 2 (1) These Regulations apply to

  • (a) the carriage by water, under a contract of carriage, of passengers from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada; and

  • (b) the carriage by water, otherwise than under a contract of carriage, of persons from one place in Canada to the same or another place in Canada, either directly or by way of a place outside Canada, excluding

    • (i) the master of a ship, a member of a ship’s crew or any other person employed or engaged in any capacity on board a ship on the business of the ship,

    • (ii) a person carried on board a ship other than a ship operated for a commercial or public purpose,

    • (iii) a person carried on board a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, and

    • (iv) a stowaway, a trespasser or any other person who boards a ship without the consent or knowledge of the master or the owner.

• Marginal note:Non-application

  (2) These Regulations do not apply to

  • (a) an adventure tourism activity that meets the conditions set out in subsection 37.1(1) of the Act;

  • (b) the carriage of a sail trainee or a person who is a member of a class of persons prescribed under paragraph 39(d) of the Act;

  • (c) search and rescue operations that are carried out by the Canadian Coast Guard Auxiliary;

  • (d) a carriage performed by the Government of Canada or the government of a province, or by an entity that is entitled to indemnification by that government for liability under Part 4 of the Act; or

  • (e) a carriage by a pleasure craft as defined in section 2 of the Canada Shipping Act, 2001.