5. (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.

6. (1) Subject to subsection (3), the person in charge of the navigation of a ship in waters under Canadian jurisdiction shall use, in respect of each area to be navigated by the ship, the most recent edition of

• (a) the reference catalogue;

• (b) the annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans;

• (c) the following publications, namely,

  • (i) sailing directions, published by the Canadian Hydrographic Service,

  • (ii) tide and current tables, published by the Canadian Hydrographic Service,

  • (iii) lists of lights, buoys and fog signals, published by the Department of Fisheries and Oceans, and

  • (iv) where the ship is required to be fitted with radio equipment pursuant to any Act of Parliament or of a foreign jurisdiction, the Radio Aids to Marine Navigation, published by the Department of Fisheries and Oceans; and

• (d) the documents and publications listed in the schedule.

(2) Subject to subsection (3), the person in charge of the navigation of a Canadian ship in waters outside Canadian jurisdiction shall use, in respect of each area to be navigated by the ship, the most recent edition of

• (a) the reference catalogue;

• (b) the annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans;

• (c) the following publications referred to in the reference catalogue, namely,

  • (i) sailing directions,

  • (ii) tide and current tables,

  • (iii) lists of lights, and

  • (iv) where the ship is required to be fitted with radio equipment pursuant to an Act of Parliament, the list of radio aids to navigation; and

• (d) the documents and publications listed in the schedule.

(3) The publications referred to in paragraphs (1)(c) and (2)(c) may be replaced by similar publications issued officially by or on the authority of an authorized hydrographic office or other relevant government institution of a country other than Canada, if the information contained in them that is necessary for the safe navigation of a ship in the area in which the ship is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the publications referred to in those paragraphs.