Charts and Nautical Publications Regulations, 1995 (SOR/95-149)

Regulations are current to 2017-08-27 and last amended on 2007-07-01. Previous Versions

Charts and Nautical Publications Regulations, 1995

SOR/95-149

ARCTIC WATERS POLLUTION PREVENTION ACT

CANADA SHIPPING ACT, 2001

Registration 1995-03-21

Regulations Requiring the Presence on Board Ships of Appropriate Charts, Tide Tables and Other Nautical Documents or Publications and Respecting their Maintenance and Use

P.C. 1995-462 1995-03-21

Whereas, pursuant to subsection 562.12(1)Footnote * of the Canada Shipping Act, a copy of the proposed Regulations requiring the presence on board ships of appropriate charts, tide tables and other nautical documents or publications and respecting their maintenance and use, substantially in the form annexed hereto, was published in the Canada Gazette Part I on April 23, 1994, and a reasonable opportunity was thereby afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister of Transport with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 562.1(1)(a)* of the Canada Shipping Act and subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution Prevention Act, is pleased hereby to revoke the Charts and Publications Regulations, C.R.C., c. 1415, and to make the annexed Regulations requiring the presence on board ships of appropriate charts, tide tables and other nautical documents or publications and respecting their maintenance and use, in substitution therefor.

Short Title

 These Regulations may be cited as the Charts and Nautical Publications Regulations, 1995.

Interpretation

  •  (1) In these Regulations,

    chart

    chart means a nautical chart; (carte)

    competent authority

    competent authority means

    • (a) a government that is a party to the Safety Convention,

    • (b) a society or association for the classification and registry of ships recognized by a government referred to in paragraph (a), and

    • (c) a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets the standards referred to in section 9 or paragraph 10(1)(a), as the case may be; (autorité compétente)

    ECDIS

    ECDIS means an electronic chart display and information system; (SVCEI)

    ENC

    ENC means an electronic navigational chart database that

    • (a) is standardized as to content, structure and format,

    • (b) is issued for use with an ECDIS on the authority of the Canadian Hydrographic Service or a hydrographic office authorized by the government of a country other than Canada, and

    • (c) contains all the chart information necessary for safe navigation; (CEN)

    IMO

    IMO means the International Maritime Organization; (OMI)

    Minister

    Minister means the Minister of Transport; (ministre)

    nautical mile

    nautical mile means the international nautical mile; (mille marin)

    RCDS

    RCDS means a raster chart display system; (RCDS)

    reference catalogue

    reference catalogue, in respect of an area to be navigated by a ship, means

    • (a) for waters under Canadian jurisdiction, the Catalogue of Nautical Charts and Related Publications, published by the Canadian Hydrographic Service, and

    • (b) for waters outside Canadian jurisdiction, the Catalogue of Admiralty Charts and Other Hydrographic Publications, published by the Government of the United Kingdom, or the Catalog of Charts and Publications, published by the Government of the United States of America; (catalogue de référence)

    RNC

    RNC means a raster navigational chart that is a facsimile of a paper chart issued on the authority of the Canadian Hydrographic Service or a hydrographic office authorized by the government of a country other than Canada; (RNC)

    tons

    tons means gross tons; (tonneaux)

    waters under Canadian jurisdiction

    waters under Canadian jurisdiction means

    • (a) Canadian waters, and

    • (b) the exclusive economic zone of Canada. (eaux de compétence canadienne)

  • (2) A reference to a class of home-trade or inland voyage is a reference to that class as defined in the Home-Trade, Inland and Minor Waters Voyages Regulations.

  • (3) For the purpose of interpreting a document incorporated by reference into these Regulations, should shall be read to mean shall.

  • (4) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

  • SOR/2002-424, s. 1;
  • SOR/2005-135, s. 1.

Application

 These Regulations apply to Canadian ships in all waters and to all ships in waters under Canadian jurisdiction.

Exceptions

  •  (1) Subsection 4(1) does not apply if the owner and the master of a ship are unable to obtain the charts, documents or publications, required by these Regulations in respect of the area in which the ship is being navigated, at any place at which the ship calls.

  • (2) Subsections 5(1) and 6(1) and (2) do not apply if the person in charge of the navigation of a ship is unable to obtain the charts, documents or publications, required by these Regulations in respect of the area in which the ship is being navigated without endangering the ship, contravening applicable regulations or requiring the ship to make a substantial detour.

  • (3) Section 7 does not apply if the circumstances of the voyage are such that it is impracticable to receive Notices to Mariners, Notices to Shipping or radio navigational warnings containing information with regard to the safe navigation of the ship.

  • SOR/2002-424, s. 2.

Prohibition

 No ship of any class shall navigate in any shipping safety control zone prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act unless the ship complies with these Regulations.

  • SOR/2002-424, s. 2.

Carriage of Charts, Documents and Publications

  •  (1) Subject to subsection (2), the master and owner of every ship shall have on board, in respect of each area in which the ship is to be navigated, the most recent editions of the charts, documents and publications that are required to be used under sections 5 and 6.

  • (2) The master and owner of a ship of less than 100 tons are not required to have on board the charts, documents and publications referred to in subsection (1) if the person in charge of navigation has sufficient knowledge of the following information, such that safe and efficient navigation in the area where the ship is to be navigated is not compromised:

    • (a) the location and character of charted

      • (i) shipping routes,

      • (ii) lights, buoys and marks, and

      • (iii) navigational hazards; and

    • (b) the prevailing navigational conditions, taking into account such factors as tides, currents, ice and weather patterns.

  • (3) If a ship, other than a pleasure craft of less than 150 tons, is making a foreign voyage, a home-trade voyage, Class I, II or III, or an inland voyage, Class I, the master and the owner of the ship shall have on board and make readily available to the person in charge of the navigation of the ship an illustrated table of life-saving signals for use by ships and persons in distress when communicating with life-saving stations, maritime rescue units or aircraft engaged in search and rescue operations.

  • (4) If a Canadian ship is of 150 tons or more, the master and the owner of the ship shall have on board and make readily available to the person in charge of the navigation of the ship the International Aeronautical and Maritime Search and Rescue Manual, Volume III, Mobile Facilities, published by the IMO.

  • SOR/2005-135, s. 2.

Use of Charts

  •  (1) Subject to subsection (2), in order to plan and display a ship’s route for an intended voyage and to plot and monitor positions throughout the voyage, the person in charge of the navigation of the ship shall use the most recent edition of a chart that

    • (a) is issued officially by or on the authority of

      • (i) the Canadian Hydrographic Service, when the ship is in Canadian waters, and

      • (ii) the Canadian Hydrographic Service or the government or an authorized hydrographic office or other relevant government institution of a country other than Canada, when the ship is outside Canadian waters;

    • (b) applies to the immediate area in which the ship is being navigated; and

    • (c) is, for that area,

      • (i) the largest scale chart according to the reference catalogue, or

      • (ii) of a scale that is at least 75 per cent of the scale of the chart referred to in subparagraph (i) and is as complete, accurate, intelligible and up-to-date as that chart.

  • (2) The person in charge of the navigation of a ship may use the most recent edition of a chart that is the second-largest scale chart for an area according to the reference catalogue where

    • (a) the scale of the chart is at least 1:400,000 (2.16 nautical miles to the centimetre); and

    • (b) the ship is

      • (i) more than five nautical miles from any charted feature or charted depth of water that represents a potential hazard to the ship, or

      • (ii) within an area for which the largest scale chart, according to the reference catalogue, is primarily

        • (A) a chart intended for the use of pleasure craft, or

        • (B) a chart of an anchorage, a river or a harbour that the ship will not transit or enter.

  • (3) The chart may be in electronic form only if

    • (a) it is displayed on an ECDIS or, in the case of failure of the ECDIS, on a back-up arrangement; and

    • (b) the ECDIS

      • (i) in waters for which an ENC is available, is operated using the ENC,

      • (ii) in waters for which an ENC is not available, is operated using an RNC,

      • (iii) when the ECDIS is operating in the RCDS mode, is used in conjunction with paper charts that meet the requirements of subsections (1) and (2), and

      • (iv) is accompanied by a back-up arrangement.

  • SOR/2005-135, s. 3.
 
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