Vessel Clearance Regulations (SOR/2007-125)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canada Shipping Act, 2001. (Loi)

cargo vessel

cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

chemical tanker

chemical tanker means a vessel that was constructed or adapted, and that is used, for the carriage in bulk of any liquid product listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (bâtiment-citerne pour produits chimiques)

gas carrier

gas carrier means a cargo vessel that was constructed or adapted, and that is used, for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO. (transporteur de gaz)

IMO

IMO means the International Maritime Organization. (OMI)

inland voyage

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

inland waters of Canada

inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

INF cargo

INF cargo means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo. (cargaison INF)

international voyage

international voyage means a voyage from a port in Canada to a place not in Canada. (voyage international)

passenger vessel

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

place

place means

• (a) a port; or

• (b) any vessel or place that is used for loading or unloading vessels. (lieu)

SOLAS

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)

Section 213 of the Act

• 2 (1) Section 213 of the Act applies only to vessels that are departing on an international voyage and are

  • (a) passenger vessels of 15 gross tonnage or less; or

  • (b) vessels of more than 15 gross tonnage.

  • (c) [Repealed, SOR/2021-135, s. 32]

  • (d) [Repealed, SOR/2021-135, s. 32]

• (2) Section 213 of the Act does not apply to

  • (a) pleasure craft; or

  • (b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

Section 214 of the Act

Application

• 3 (1) Sections 4 and 5 apply in respect of vessels that are departing on an international voyage and are

  • (a) passenger vessels of 15 gross tonnage or less; or

  • (b) vessels of more than 15 gross tonnage.

  • (c) [Repealed, SOR/2021-135, s. 33]

  • (d) [Repealed, SOR/2021-135, s. 33]

• (2) Sections 4 and 5 do not apply in respect of

  • (a) pleasure craft; or

  • (b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

Documents Required for Clearance

• 4 (1) For the purposes of section 214 of the Act, the following documents are required in respect of a vessel:

  • (a) if required under the Load Line Regulations,

    • (i) a Great Lakes and Inland Waters of Canada Load Line Certificate or a load line certificate issued under Title 46, chapter I, part 45 of the Code of Federal Regulations of the United States, as amended from time to time, or

    • (ii) an International Load Line Certificate or an International Load Line Exemption Certificate;

  • (b) if required under the Cargo, Fumigation and Tackle Regulations, a Fitness to Proceed Certificate;

  • (c) if required under the Vessel Pollution and Dangerous Chemicals Regulations,

    • (i) an International Oil Pollution Prevention Certificate,

    • (ii) in the case of a vessel carrying noxious liquid substances in bulk,

      • (A) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk,

      • (B) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, if the vessel is a chemical tanker, or

      • (C) a Certificate of Fitness for an Offshore Support Vessel, if the vessel is a vessel to which the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16), apply,

    • (iii) an International Sewage Pollution Prevention Certificate,

    • (iv) an International Air Pollution Prevention Certificate,

    • (v) an International Anti-fouling System Certificate or a Declaration on Anti-fouling System, as applicable, and

    • (vi) an International Energy Efficiency Certificate; and

  • (d) a Safe Manning Document or an equivalent document.

• (2) The certificates referred to in subparagraph (1)(c)(ii) are not required in respect of a vessel if the vessel’s master has a Certificate of Fitness for Offshore Support Vessels.

• (3) For the purposes of section 214 of the Act, the following certificates are required in respect of a passenger vessel, or a cargo vessel of 500 gross tonnage or more, that is departing on an international voyage other than an inland voyage:

  • (a) a Safety Management Certificate;

  • (b) in the case of a passenger vessel, a Passenger Ship Safety Certificate and, if applicable, an Exemption Certificate;

  • (c) in the case of a cargo vessel,

    • (i) a Cargo Ship Safety Certificate and, if applicable, an Exemption Certificate, or

    • (ii) a Cargo Ship Safety Construction Certificate, a Cargo Ship Safety Equipment Certificate, a Cargo Ship Safety Radio Certificate and, if applicable, an Exemption Certificate;

  • (d) in the case of a gas carrier, a Certificate of Fitness for the Carriage of Liquefied Gases in Bulk or an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; and

  • (e) in the case of a vessel carrying INF cargo, an International Certificate of Fitness for the Carriage of INF Cargo.

• (4) The certificates referred to in paragraphs (3)(b) and (c) are not required in respect of a vessel to which Chapter X of SOLAS applies if the vessel’s master has a High-Speed Craft Safety Certificate.

• (5) For the purposes of section 214 of the Act, a safety certificate issued under section 13 of the Vessel Safety Certificates Regulations is required in respect of a Canadian vessel that

  • (a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

  • (b) is departing on an inland voyage.

• (6) For the purposes of section 214 of the Act, an inspection certificate issued by or under the authority of the government of a foreign state is required in respect of a foreign vessel that is entitled to fly the flag of that state and

  • (a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

  • (b) is departing on an inland voyage.

• (7) If a vessel is entitled to fly the flag of a state that has not ratified an international convention or protocol that establishes the requirements for issuing one of the certificates referred to in subsections (1) to (4), a Certificate of Compliance that is issued by or under the authority of the government of that state and certifies that the vessel complies with those requirements is required in lieu of that certificate in respect of the vessel.

Original Documents and Valid Certificates

5 For the purposes of section 214 of the Act, original documents and valid certificates are required.

Coming into Force

Footnote ^*6 These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

• Return to footnote ^*[Note: Regulations in force July 1, 2007, see SI/2007-65.]