Shipping Casualties Reporting Regulations (SOR/85-514)

Regulations are current to 2012-05-14 and last amended on 2007-07-01. Previous Versions

Shipping Casualties Reporting Regulations

SOR/85-514

CANADA SHIPPING ACT, 2001

Registration 1985-05-31

Regulations Respecting the Reporting of Shipping Casualties, Accidents, Dangerous Occurrences, Deaths and Disappearances of Persons on Ships

P.C. 1985-1804 1985-05-30

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 543 of the Canada Shipping Act, is pleased hereby to revoke the Shipping Casualties Reporting Regulations, C.R.C., c. 1478 and to make the annexed Regulations respecting the reporting of shipping casualties, accidents, dangerous occurrences, deaths and disappearances of persons on ships, in substitution therefor.

SHORT TITLE

 These Regulations may be cited as the Shipping Casualties Reporting Regulations.

DEFINITIONS

 In these Regulations,

“accident”

“accident” includes an accident occurring on board a ship as a result of which a person or several persons

  • (a) lose their lives,

  • (b) are believed to be missing overboard from a ship,

  • (c) sustain bodily injuries serious enough to prevent the resumption of normal duties within 24 hours after medical treatment,

  • (d) suffer temporary asphyxiation, or

  • (e) suffer electrocution that results in temporary loss of consciousness; (accident)

“Act”

“Act” means the Canada Shipping Act; (Loi)

“Canadian radio ship reporting station”

“Canadian radio ship reporting station” means a Canadian Coast Guard radio station or a Canadian Vessel Traffic Service Centre of the Department of Transport, a Canadian marine radio station operated by the St. Lawrence Seaway Authority or a Canadian harbour radio station; (station de radiocommunications maritime canadienne)

“dangerous occurrence”

“dangerous occurrence” includes an event involving

  • (a) the breakage or malfunction of any rigging, structure or machinery on a ship or belonging to a ship that could have caused serious injury or loss of life, or

  • (b) a situation which could have resulted in a casualty or accident; (événement dangereux)

“shipping casualty”

“shipping casualty” means a shipping casualty described in section 541 of the Act. (sinistre maritime)

  • SOR/85-1088, s. 1.

APPLICATION

 These Regulations apply to all ships in Canadian waters and to all Canadian ships in any waters.

PRELIMINARY REPORT

  •  (1) Where a ship, or a vessel being towed by a ship, is involved in a shipping casualty, an accident or a dangerous occurrence, the master, any certificated officer, operator, member of the crew, pilot or person responsible for the ship, or the vessel being towed, shall report the incident without delay in accordance with subsections (2) and (3).

  • (2) Subject to subsection (3), the report referred to in subsection (1) shall be made without delay

    • (a) by radio communication to a Canadian radio ship reporting station, where the shipping casualty, accident or dangerous occurrence takes place in Canadian waters or on a voyage to or from a Canadian port or alongside a port facility in a Canadian port; or

    • (b) where the shipping casualty, accident or dangerous occurrence takes place outside the range of a Canadian radio ship reporting station, to

      • (i) any other radio ship reporting station,

      • (ii) a chief officer of customs or the superintendent of a mercantile marine office, if the location is in a Commonwealth country other than Canada, or

      • (iii) a Canadian consular officer, if the location is a place other than a place referred to in subparagraph (ii).

  • (3) Where the report referred to in subsection (1) cannot be communicated by radio from a ship while it is in a Canadian port, the shipping casualty, accident or dangerous occurrence shall be reported by telephone to the local Canadian radio ship reporting station, or to the Canadian Coast Guard Operations Centre of the Department of Transport in Ottawa.

  • (4) The report referred to in subsection (1) shall indicate

    • (a) the identity of the ship from which the report is being made;

    • (b) the nature of the incident;

    • (c) the identity of the ship or ships involved in the incident;

    • (d) the date, time and location of the incident;

    • (e) the number of persons killed, missing or injured as a result of the incident;

    • (f) whether a pilot is on board the ship or ships involved in the incident; and

    • (g) whether the incident has caused or is likely to cause

      • (i) an obstruction to navigation or any other serious hazard, or

      • (ii) pollution of any waters.

  • SOR/85-1088, s.2.