Large Fishing Vessel Inspection Regulations (C.R.C., c. 1435)

Regulations are current to 2019-07-01 and last amended on 2017-02-03. Previous Versions

Large Fishing Vessel Inspection Regulations

C.R.C., c. 1435

CANADA SHIPPING ACT, 2001

Regulations Respecting the Construction and Inspection of Fishing Vessels Exceeding 24.4 M in Length or 150 Tons, Gross Tonnage

Short Title

 These Regulations may be cited as the Large Fishing Vessel Inspection Regulations.

Interpretation

 In these Regulations,

Act

Act means the Canada Shipping Act; (Loi)

approved

approved, except where otherwise stated, means approved by the Board; (approuvé)

Board

Board means the Board of Steamship Inspection; (Bureau)

Chairman

Chairman means the Chairman of the Board; (président)

Class II EPIRB

Class II EPIRB means an emergency position indicating radiobeacon; (RLS de classe II)

continuous rating

continuous rating means the brake power in kilowatts and speed stated by the manufacturer to be the highest at which an engine will give satisfactory service when operating continuously for not less than 24 hours; (régime continu)

Divisional Supervisor

Divisional Supervisor means the officer of the Department of Transport in charge of a Steamship Inspection Division and includes the Regional Superintendent of a Steamship Inspection Division; (surveillant divisionnaire)

existing

existing, when used with reference to a fishing vessel, means a fishing vessel that is not new; (existant)

fishing vessel

fishing vessel means a vessel engaged in commercial fishing; (bateau de pêche)

immersion suit

immersion suit means a protective suit that reduces the body heat-loss of a person immersed in cold water; (combinaison d’immersion)

inspector

inspector means a steamship inspector appointed under the Act; (inspecteur)

length

length means

  • (a) in the case of a vessel that is registered under the Act or required by the Act to be registered,

    • (i) the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock, or

    • (ii) if the vessel has no rudder stock or has a rudder stock situated outside of the hull at the stern, the distance from the foreside of the foremost permanent structure to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes, and

  • (b) in the case of a vessel that is not required by the Act to be registered, the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull; (longueur)

new

new, when used with reference to a fishing vessel or article, means that the construction of the fishing vessel or article to which reference is made was commenced on or after July 12, 1956 and includes any foreign fishing vessel brought under Canadian registry whether or not its construction was commenced before or after July 12, 1956 ; (neuf)

sailing ship

sailing ship means

  • (a) a ship propelled wholly by sails, or

  • (b) a ship principally employed in fishing not exceeding 200 tons, gross tonnage, provided with masts, sails and rigging sufficient to allow it to make voyages under sail alone, and that, in addition, is fitted with mechanical means of propulsion other than a steam engine; (voilier or navire à voiles)

SART

SART means a radar transponder designed for search and rescue purposes; (répondeur SAR)

survival craft

survival craft means a vessel carried pursuant to section 24 as life saving equipment on board a fishing vessel; (bateau de sauvetage)

TP 127

TP 127 means the Ship Safety Electrical Standards, issued by the Department of Transport, as amended from time to time. (TP 127)

VHF coverage area

VHF coverage area means

  • (a) the Great Lakes,

  • (b) the Saguenay River downstream from Chicoutimi,

  • (c) the St. Lawrence River as far seaward as a straight line drawn

    • (i) from Cap-des-Rosiers to West Point, Anticosti Island, and

    • (ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° west,

  • (d) Puget Sound, State of Washington, U.S.A., or

  • (e) all waters that are within a coverage radius of a Canadian Coast Guard or U.S. Coast Guard radio station providing a continuous maritime mobile distress and safety service on frequency 156.8 MHz (channel 16). (zone VHF)

  • SOR/80-249, s. 2
  • SOR/85-182, s. 1
  • SOR/96-216, s. 1
  • SOR/99-215, s. 3
  • SOR/2000-263, s. 1

 In these Regulations, the classes of home-trade voyages, inland voyages and minor waters voyages have the meanings assigned in sections 4 to 6 of the Home-Trade, Inland and Minor Waters Voyages Regulations.

  • SOR/2000-263, s. 2

Exemptions and Special Requirements

 Notwithstanding anything contained in these Regulations, the Board may,

  • (a) where it is satisfied that it can with propriety do so, exempt any ship from full compliance with any of the requirements of these Regulations; and

  • (b) where it considers it necessary in the interests of safety of life, impose special requirements in respect of life saving and fire extinguishing equipment in addition to the requirements of these Regulations.

Vapourizing Liquid

 Notwithstanding anything contained in these Regulations, the use of a vapourizing liquid fire extinguisher, as set out in these Regulations, is prohibited, except that in radio rooms and at switchboards such an extinguisher may be used if it contains not more than 1.136 L of vapourizing liquid and is used in addition to the other requirements of these Regulations.

  • SOR/80-249, s. 3

Application

 These Regulations apply to new fishing vessels over 24.4 m in length or 150 tons, gross tonnage, that are not sailing ships.

  • SOR/80-249, s. 3
  • SOR/82-126, s. 2

 Sections 10 to 13.1, subsections 15(12) to (12.2) and (15) and sections 19.1, 22.1, 24 to 27 and 30 to 42 apply in respect of every existing fishing vessel over 24.4 m in length or 150 tons, gross tonnage, that is not a sailing ship.

  • SOR/78-78, s. 1
  • SOR/78-918, s. 1
  • SOR/79-903, s. 1
  • SOR/89-95, s. 1

 Every life raft, rocket, flare or signal required by these Regulations for a fishing vessel shall be of a type approved by the Board and constructed in accordance with the standards for such equipment prescribed in the Life Saving Equipment Regulations.

  • SOR/96-216, s. 7

Submission and Approval of Plans and Data

  •  (1) Subject to subsections (2) and (3), before construction of any fishing vessel is commenced, the owner or the builder on behalf of the owner shall submit for approval, in quadruplicate, the plans and data as set out in Schedule I, and if the construction of the vessel is commenced before approval is obtained, the owner shall make such alterations as are required by the Board in order to comply with the conditions of approval.

  • (2) Plans of the following are not required to be submitted:

    • (a) heating boilers having a pressure not over 103 kPa;

    • (b) diesel engines not exceeding 56 kW brake power, continuous rating, unless of unusual design;

    • (c) gearing for main engines and electric propulsion motors not over 224 kW brake power, continuous rating;

    • (d) gasoline engines unless of unusual design; or

    • (e) parts that are found by an inspector to agree with plans already approved by the Chairman.

  • (3) Notwithstanding subsection (2), the Board may require that plans and data of parts not listed in Schedule I shall be submitted.

  • (4) Where under this section plans and data are submitted to a Divisional Supervisor, one copy of each submission approved by the Divisional Supervisor for the Chairman shall be forwarded to the Chairman by the Divisional Supervisor.

  • (5) No inspection certificate shall be issued in respect of a fishing vessel unless

    • (a) the plans and data submitted under this section have been approved by the Chairman;

    • (b) the vessel is constructed in accordance

      • (i) with such plans and data, and

      • (ii) with the requirements of these Regulations; and

    • (c) the vessel is, in the opinion of an inspector, safe for the voyages for which it is intended.

  • SOR/80-249, s. 4
  • SOR/81-490, s. 1
  • 1987, c. 7, s. 84(F)
 
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