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Fishing Vessel Safety Regulations (C.R.C., c. 1486)

Regulations are current to 2019-11-19 and last amended on 2017-07-13. Previous Versions

PART 0.1Interpretation (continued)

Division 1General Requirements (continued)

Records

Marginal note:Record keeping — maintenance and drills

  •  (1) A record on the maintenance of a fishing vessel and a record of a drill on the safety procedures shall be kept for a period of seven years after the day on which it is established.

  • Marginal note:Record of modifications affecting stability

    (2) In the case of a fishing vessel that has undergone a stability assessment, a record of a modification or series of modifications that affects the stability of the vessel shall be kept until the vessel undergoes a new stability assessment that takes into account the modification or series of modifications.

  • Marginal note:Transfer of ownership

    (3) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with any records kept in respect of the vessel.

  • SOR/2016-163, s. 2

Division 2Safety Equipment

Requirements

Marginal note:Prohibition

  •  (1) No person shall operate, or permit another person to operate, a fishing vessel unless the safety equipment required by this Division is carried on board the vessel and the equipment meets the requirements of this Division.

  • Marginal note:Replacement of safety equipment

    (2) However, equipment that was acquired before the day on which this Division comes into force may replace any safety equipment required by this Division if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

  • Marginal note:Quantity in excess — previously acquired equipment

    (3) Any equipment that exceeds the quantity of safety equipment required and that was acquired before the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

  • Marginal note:Quantity in excess — recently acquired equipment

    (4) Any equipment that exceeds the quantity of safety equipment required and that was acquired on or after the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of this Division.

  • Marginal note:Other equipment

    (5) Any equipment that is not of a type referred to in this Division may be carried on board a fishing vessel if the equipment is not likely to be confused with safety equipment.

  • SOR/2016-163, s. 2

Standards and Approval

Marginal note:Mark or label indicating approval by Minister

  •  (1) An immersion suit, anti-exposure suit, emergency boat, recovery boat or rescue boat that is referred to in these Regulations and that may be carried on board a fishing vessel shall bear a mark or label indicating that it is of a type approved by the Minister.

  • Marginal note:Applicable standards and test

    (2) The Minister shall approve a type of equipment referred to in subsection (1) if it is shown to meet the applicable standards and tests referred to in Schedule X.

  • SOR/2016-163, s. 2

Marginal note:Mark or label — Small Vessel Regulations

  •  (1) A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft referred to in these Regulations shall bear a mark or label indicating that it is of a type approved by the Minister under the Small Vessel Regulations.

  • Marginal note:Alternative mark or label

    (2) Subsection (1) does not apply to a personal flotation device if it has been approved by the Director of Ship Safety of the Department of Transport or by the Department of Fisheries and Oceans and if it bears a mark or label indicating that it was approved by one of those departments or by the Canadian Coast Guard.

  • Marginal note:Personal flotation device

    (3) An approved personal flotation device

    • (a) shall be fitted with retro-reflective tape and a whistle; and

    • (b) shall have an outer covering of a highly visible colour or, in the case of an inflatable personal flotation device, shall have an internal bladder of a highly visible colour.

  • SOR/2016-163, s. 2

Substitute Safety Equipment

Marginal note:Equivalent level of safety

  •  (1) If the Minister determines that there are circumstances in which equipment other than the safety equipment required by these Regulations provides a level of safety at least equivalent to that provided by the required safety equipment, the other equipment may be substituted for the required safety equipment in those circumstances.

  • Marginal note:Factors

    (2) To determine the level of safety provided by the substitute equipment in the circumstances, the Minister shall assess the following factors:

    • (a) the nature of the activity;

    • (b) the environmental conditions;

    • (c) the nature of the risks to which persons on board are exposed;

    • (d) the specific characteristics of the equipment;

    • (e) the recommended practices and standards to which the equipment conforms;

    • (f) the manner in which the equipment will be used; and

    • (g) the ability of the equipment to protect a person from injury.

  • Marginal note:Mark or label

    (3) The substitute equipment shall bear a mark or label indicating that it conforms to the recommended practices and standards applicable to that type of equipment.

  • SOR/2016-163, s. 2

Accessibility and Maintenance

Marginal note:Requirements for safety equipment

  •  (1) The safety equipment required by these Regulations shall

    • (a) be in good working order;

    • (b) be readily accessible and available for immediate use; and

    • (c) except for a life raft, be maintained and replaced in accordance with the manufacturer’s instructions or recommendations.

  • Marginal note:Alterations

    (2) Safety equipment shall not be altered in any way that compromises its performance or that diminishes the integrity or readability of a marking set out in a standard related to it.

  • Marginal note:Extinguishers

    (3) A portable fire extinguisher and a fixed fire extinguishing system required by these Regulations shall be kept fully charged.

  • SOR/2016-163, s. 2

Marks and Labels

Marginal note:English and French

 A mark or label on the safety equipment required by this Division, and any related manufacturer’s instructions or recommendations, shall be in English and French.

  • SOR/2016-163, s. 2

First Aid Kit

Marginal note:Contents

 A fishing vessel shall carry on board one of the following first aid kits, which shall be packed in a waterproof case that is capable of being tightly closed after use:

  • (a) a marine emergency first aid kit that contains the following:

    • (i) an up-to-date first aid manual or up-to-date first aid instructions, in English and French,

    • (ii) 48 doses of analgesic medication of a non-narcotic type,

    • (iii) six safety pins or one roll of adhesive first aid tape,

    • (iv) one pair of bandage scissors or safety scissors,

    • (v) one resuscitation face shield,

    • (vi) two pairs of examination gloves,

    • (vii) 10 applications of antiseptic preparations,

    • (viii) 12 applications of burn preparations,

    • (ix) 20 adhesive plasters in assorted sizes,

    • (x) 10 sterile compression bandages in assorted sizes,

    • (xi) 4 m of elastic bandage,

    • (xii) two sterile gauze compresses,

    • (xiii) two triangular bandages, and

    • (xiv) a waterproof list of the contents, in English and French; or

  • (b) a first aid kit that meets the requirements of the Maritime Occupational Health and Safety Regulations or of provincial regulations governing workers’ compensation, with the addition of a resuscitation face shield and two pairs of examination gloves if the kit is not required to contain them.

  • SOR/2016-163, s. 2
 
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