Vessel Certificates Regulations (SOR/2007-31)

Regulations are current to 2019-06-20 and last amended on 2007-07-01. Previous Versions

Vessel Certificates Regulations

SOR/2007-31

CANADA SHIPPING ACT, 2001

Registration 2007-02-15

Vessel Certificates Regulations

P.C. 2007-183 2007-02-15

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities and the Minister of Natural Resources, pursuant to paragraph 35(1)(d) and section 120 of the Canada Shipping Act, 2001Footnote a, hereby makes the annexed Vessel Certificates Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

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

Minister

Minister means the Minister of Transport. (ministre)

near coastal voyage, Class 1

near coastal voyage, Class 1 means a voyage

  • (a) that is not a sheltered waters voyage or a near coastal voyage, Class 2;

  • (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America; and

  • (c) during which the vessel engaged on the voyage is always

    • (i) north of latitude 6°N, and

    • (ii) within 200 nautical miles from shore or above the continental shelf. (voyage à proximité du littoral, classe 1)

near coastal voyage, Class 2

near coastal voyage, Class 2 means a voyage

  • (a) that is not a sheltered waters voyage; and

  • (b) during which the vessel engaged on the voyage is always

    • (i) within 25 nautical miles from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and

    • (ii) within 100 nautical miles from a place of refuge. (voyage à proximité du littoral, classe 2)

sheltered waters voyage

sheltered waters voyage means a voyage

  • (a) that is in Canada on a lake, or a river above tidal waters, where a vessel can never be further than one nautical mile from the closest shore;

  • (b) that is on the waters listed in column 1 of an item of Schedule 1 during the period specified in column 2 of that item; or

  • (c) that is made by a ferry between two or more points listed in column 1 of an item of Schedule 2 during the period specified in column 2 of that item. (voyage en eaux abritées)

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)

unlimited voyage

unlimited voyage means a voyage that is not a sheltered waters voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité)

Application

  •  (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

  • (2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

Canadian Vessel Certificates — Regulation 12 of Chapter I of SOLAS

Passenger Ship Safety Certificates

  •  (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Passenger Ship Safety Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

    • (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels;

    • (b) watertight subdivision arrangements and details;

    • (c) subdivision load lines;

    • (d) structural fire protection, fire safety systems and appliances and fire control plans;

    • (e) life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats;

    • (f) line-throwing appliances and radio installations used in life-saving appliances;

    • (g) radio installations;

    • (h) shipborne navigational equipment, means of embarkation for pilots and charts and nautical publications; and

    • (i) lights, shapes, means of making sound signals and distress signals.

  • (2) The authorized representative of a Canadian vessel that holds a Passenger Ship Safety Certificate shall ensure that the vessel undergoes the inspections required by regulation 7(a)(iii) of Chapter I of SOLAS.

Cargo Ship Safety Equipment Certificates

  •  (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Cargo Ship Safety Equipment Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

    • (a) fire safety systems and appliances and fire control plans;

    • (b) life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats;

    • (c) the provision of line-throwing appliances and radio installations used in life-saving appliances;

    • (d) shipborne navigational equipment, means of embarkation for pilots and charts and nautical publications; and

    • (e) lights, shapes, means of making sound signals and distress signals.

  • (2) The authorized representative of a Canadian vessel that holds a Cargo Ship Safety Equipment Certificate shall ensure that

    • (a) the vessel undergoes the inspections required by regulation 8(a)(iii) to (v) of Chapter I of SOLAS; and

    • (b) the Certificate is endorsed as required by regulation 8(c) of that Chapter.

Cargo Ship Safety Construction Certificates

  •  (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Cargo Ship Safety Construction Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

    • (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels;

    • (b) watertight subdivision arrangements and details; and

    • (c) structural fire protection.

  • (2) The authorized representative of a Canadian vessel that holds a Cargo Ship Safety Construction Certificate shall ensure that

    • (a) the vessel undergoes the inspections required by regulation 10(a)(iii) to (vi) of Chapter I of SOLAS; and

    • (b) the Certificate is endorsed as required by regulation 10(c) of that Chapter.

Exemption Certificates

 On application by the authorized representative of a Canadian vessel, the Minister shall issue an Exemption Certificate to the vessel if an exemption has been granted in respect of requirements under the Act that are required to be met for the issuance of a certificate under any of sections 3 to 5.

Records of Equipment

  •  (1) The Minister shall include with the certificates issued under sections 3 and 4 records of equipment in the form set out in the Appendix to SOLAS.

  • (2) The master of a vessel that holds a certificate issued under section 3 or 4 shall ensure that the record of equipment included with the certificate is permanently attached to it.

Foreign Vessels

  •  (1) The authorized representative of a foreign vessel in Canadian waters shall ensure that

    • (a) the documents required to be carried on board by an international convention, protocol or resolution listed in Schedule 1 to the Act are on board; and

    • (b) the requirements that were to be met for the issuance of those documents are met.

  • (2) The authorized representative of a foreign vessel shall ensure that the vessel is crewed in accordance with the vessel’s Safe Manning Document or an equivalent document.

  • (3) The authorized representative of a foreign vessel that holds a document required by subsection (1) shall ensure that the vessel undergoes any periodic inspections required in respect of the document under an international convention, protocol or resolution that is listed in Schedule 1 to the Act and, if the convention, protocol or resolution requires that the document be endorsed following such an inspection, that the document is endorsed as required.

  • (4) This section does not apply in respect of international ship security certificates or interim international ship security certificates.

 
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