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

Regulations are current to 2019-06-20 and last amended on 2017-07-13. Previous Versions

PART 0.1Interpretation (continued)

Division 3Stability (continued)

Stability Assessment and Stability Standards (continued)

Marginal note:Full stability assessment

  •  (1) The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

  • Marginal note:Some activities — consistency with good practices

    (2) If the standards set out in the IS Code do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

  • SOR/2016-163, s. 2

Persons and Organizations Competent to Conduct a Stability Assessment

Marginal note:Regulatory authorization — full or simplified stability assessment

 The following persons and organizations are competent to conduct a full or simplified stability assessment:

  • (a) an engineer who is a member in good standing of the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or a state of the United States;

  • (b) a classification society; and

  • (c) a person who has at least three years of post-secondary education in the field of naval architecture, who is a member in good standing of an order or an association of technologists or technicians of a province of Canada, and who has at least five years’ experience in the marine transportation industry.

  • SOR/2016-163, s. 2

Marginal note:Regulatory authorization — simplified stability assessment

  •  (1) The following persons are competent to conduct a simplified stability assessment if they have received training, from a training institution or any other organization, in the application of the standards used to conduct a simplified stability assessment and if they have practical experience in the application of those standards:

    • (a) a marine surveyor who is a member in good standing of a national association of accredited or certified marine surveyors of Canada or of the United States; and

    • (b) a builder, manufacturer or rebuilder of fishing vessels.

  • Marginal note:Training with competent person

    (2) A person who meets the following requirements is also competent to conduct a simplified stability assessment:

    • (a) the person has received training from a competent person in the application of the standards used to conduct a simplified stability assessment; and

    • (b) the person has, after receiving the training, acquired practical experience in the application of those standards.

  • SOR/2016-163, s. 2

Marginal note:Designation by Minister — full or simplified stability assessment

  •  (1) The Minister shall designate a person or class of persons as competent to conduct a full or simplified stability assessment if the person or class of persons has received training in the application of the standards that will be used to conduct the assessment and has the knowledge and experience to conduct the assessment.

  • Marginal note:Contact information of applicant for designation

    (2) A person who applies to the Minister to be designated as competent to conduct a full or simplified stability assessment shall provide the Minister with the person’s contact information.

  • SOR/2016-163, s. 2

Marginal note:Update of contact information

 A person designated by the Minister as competent to conduct a full or simplified stability assessment shall provide the Minister with updated contact information as soon as possible.

  • SOR/2016-163, s. 2

Marginal note:Cancellation of designation

 The Minister shall cancel the designation of a person or class of persons as competent to conduct a full or simplified stability assessment if the Minister has reasonable grounds to believe that the person or class of persons no longer meets the criteria for the designation or, in the case of a person, that the person has acted fraudulently in the performance of his or her duties.

  • SOR/2016-163, s. 2

Marginal note:Suspension of designation

 The Minister shall suspend the designation of a person as competent to conduct a full or simplified stability assessment if the person does not provide the Minister with updated contact information.

  • SOR/2016-163, s. 2

Obligations — Competent Person

Marginal note:Assessment of compliance

 A competent person who conducts a stability assessment for a fishing vessel shall

  • (a) verify whether the vessel conforms to the stability standards that are applied to the vessel and, if those standards do not take into account some of the activities of the vessel, assess the impact of those activities on the stability of the vessel;

  • (b) provide the authorized representative of the vessel, in English or French or in both, according to the needs of the crew, with a stability booklet in the case of a full stability assessment, or with a record of stability in the case of a simplified stability assessment, that sets out

    • (i) the stability standards that were applied to the vessel,

    • (ii) information, in the form and manner set out in the standards, respecting the stability characteristics of the vessel and, if those standards do not take into account some of the activities of the vessel, the results of the assessment of the impact of those activities on the stability of the vessel,

    • (iii) the vessel’s safe operating limits, and

    • (iv) a signed declaration confirming, on the basis of the information provided to the competent person by the authorized representative, that the stability characteristics of the vessel conform to the standards that were applied to vessel; and

  • (c) prepare a stability notice for the vessel that sets out

    • (i) the stability standards that were applied to the vessel for the stability assessment,

    • (ii) a graphical representation, including a description or legend, of the operational practices necessary to operate the vessel within the safe operating limits set out in the vessel’s stability booklet or record of stability, and

    • (iii) a statement indicating whether the vessel has been assessed for operations in freezing spray conditions.

  • SOR/2016-163, s. 2

Obligations

Marginal note:Stability booklet or record of stability

  •  (1) The authorized representative of a fishing vessel

    • (a) shall provide the competent person who prepares the stability booklet or record of stability with information that sets out the configuration and activities of the vessel;

    • (b) shall provide the Minister with a copy of the stability booklet or record of stability upon request; and

    • (c) shall ensure that a copy of the stability booklet or record of stability is kept on board the vessel.

  • Marginal note:Transfer of ownership

    (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the vessel’s stability booklet or record of stability.

  • SOR/2016-163, s. 2

Marginal note:Safe operating limits

 A fishing vessel shall be operated within its safe operating limits and in accordance with the information set out in the stability booklet or record of stability.

  • SOR/2016-163, s. 2

Stability Notice

Marginal note:Accessibility of and familiarity with stability notice

  •  (1) The stability notice for a fishing vessel shall be posted in a conspicuous location on board the vessel, and the crew shall be familiar with its content.

  • Marginal note:Transfer of ownership

    (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the stability notice for the vessel.

  • SOR/2016-163, s. 2

Operational Procedures

Marginal note:Written procedures

  •  (1) If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.57(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

  • Marginal note:Written procedures carried on board

    (2) The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

  • SOR/2016-163, s. 2
 
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