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Fishing Vessel Safety Regulations

Version of section 3.01 from 2021-06-23 to 2024-10-14:


Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    breadth

    breadth means the maximum breadth of a fishing vessel, measured amidships to the moulded line of the frame in the case of a vessel with metal shell plating, and measured to the outer surface of the shell plating in any other case. (largeur)

    classification society

    classification society means a classification society that is a member of the International Association of Classification Societies (IACS).  (société de classification)

    engine space

    engine space means any space that contains a permanently installed propulsion engine or auxiliary engine, and includes any connected spaces.  (compartiment moteur)

    EPIRB

    EPIRB means an emergency position-indicating radio beacon. (RLS)

    hull length

    hull length, in respect of a fishing vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur de coque)

    IMO Resolution MSC.81(70)

    IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)

    inland voyage

    inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

    IS Code

    IS Code means the annex to International Maritime Organization Resolution MSC.267(85), International Code on Intact Stability, 2008. (recueil IS)

    lifebuoy

    lifebuoy means a SOLAS lifebuoy or a small vessel lifebuoy. (bouée de sauvetage)

    lifejacket

    lifejacket means a small vessel lifejacket, a standard lifejacket, a Class 1 or Class 2 lifejacket or a SOLAS lifejacket. (gilet de sauvetage)

    life raft

    life raft means a SOLAS life raft, a reduced capacity life raft or a coastal life raft. (radeau de sauvetage)

    LSA Code

    LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)

    machinery space

    machinery space means any space containing propelling machinery, steering gears, boilers, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and any similar spaces and trunks to those spaces. (tranche des machines)

    near coastal voyage, Class 1

    near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

    near coastal voyage, Class 2

    near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)

    near coastal voyage, Class 2, restricted to 2 nautical miles

    near coastal voyage, Class 2, restricted to 2 nautical miles means a near coastal voyage, Class 2, during which the fishing vessel engaged on the voyage is always within 2 nautical miles from shore. (voyage à proximité du littoral, classe 2, limité à 2 milles)

    new

    new, in respect of a fishing vessel, means that construction of the vessel started — or that a contract was signed for the construction of the vessel or that the vessel was imported into Canada and registered for the first time in Canada — more than one year after the day on which these Regulations come into force. (neuf)

    permanently installed

    permanently installed, in respect of an object, means securely fastened so that tools must be used for its removal. (fixé à demeure)

    power-driven

    power-driven, in respect of a fishing vessel, means that the fishing vessel is propelled by an engine or has an engine on board to propel it. (à propulsion mécanique)

    product certification body

    product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including initial certification of the product and maintenance of that certification. (organisme de certification de produits)

    pyrotechnic distress signal

    pyrotechnic distress signal means a rocket parachute flare, a multi-star flare, a hand flare, or a buoyant or hand smoke signal. (signal de détresse pyrotechnique)

    readily accessible

    readily accessible means capable of being reached easily and safely under emergency conditions without the use of tools. (facilement accessible)

    reboarding device

    reboarding device means a ladder, lifting harness or other apparatus, not including any part of a fishing vessel’s propulsion unit, that assists a person to reboard the vessel from the water. (dispositif de remontée à bord)

    recommended practices and standards

    recommended practices and standards means the recommended practices and standards for marine use issued by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)

    recovery boat

    recovery boat means a boat that is auxiliary to a fishing vessel and that can be used in an emergency. (embarcation de récupération)

    sheltered waters voyage

    sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)

    SOLAS

    SOLAS means the International Convention for the Safety of Life at Sea, 1974. (SOLAS)

    sound-signalling device

    sound-signalling device means a pealess whistle or a compressed-gas or electric horn. (dispositif de signalisation sonore)

    TP 1332

    TP 1332 means the Construction Standards for Small Vessels, published by the Department of Transport. (TP 1332)

    TP 14475

    TP 14475 means the Canadian Life Saving Appliance Standard, published by the Department of Transport. (TP 14475)

    unlimited voyage

    unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

    watertight

    watertight, in respect of a structure, means capable of preventing the passage of water through the structure in any direction under a head of water for which the structure is designed. (étanche à l’eau)

    weathertight

    weathertight, in respect of a fishing vessel, means that in any sea conditions water will not penetrate into the vessel. (étanche aux intempéries)

  • Marginal note:Near coastal voyage, Class 2

    (1.1) For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:

    • (a) subsection 3.25(1); and

    • (b) subparagraphs 2(b)(ii), 3(b)(ii), 4(b)(ii) and 5(b)(ii) of the table to subsection 3.27(1).

  • Marginal note:Near coastal voyage, Class 2, restricted to 2 nautical miles

    (1.2) For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.

  • Marginal note:Documents incorporated by reference

    (2) Except as otherwise indicated in this Part, any reference in this Part to a document is a reference to that document as amended from time to time.

  • Marginal note:Inconsistencies

    (3) In the event of an inconsistency between a provision in a document incorporated by reference and a provision in this Part, the provision in this Part prevails.

  • Marginal note:Date of construction

    (4) For the purposes of this Part, a reference to the date of construction, manufacture or rebuilding of a fishing vessel is to be read as a reference to the date on which the actual construction, manufacture or rebuilding starts.

  • Marginal note:IS Code

    (5) For the purposes of the application of the IS Code,

    • (a) “Administration” shall be read as “Minister”;

    • (b) “should” shall be read as “shall”, and any recommendations are to be considered mandatory; and

    • (c) any guidelines, explanatory notes, requirements or similar matters set out in a document referred to in a footnote to the IS Code are to be considered mandatory.

  • SOR/2016-163, s. 2
  • SOR/2021-135, s. 28

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