Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Small Vessel Regulations (SOR/2010-91)

Regulations are current to 2022-06-20 and last amended on 2021-06-23. Previous Versions

PART 8Compliance Notices (continued)

Builder, Manufacturer, Rebuilder and Importer (continued)

Compliance Notice (continued)

  •  (1) A compliance notice shall contain at least the following information:

    • (a) the model of the vessel;

    • (b) the name of the builder, manufacturer, rebuilder or importer and the manufacturer’s identification code;

    • (c) in the case of a vessel that is not more than 6 m in length, a statement declaring that the vessel met the construction requirements as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (d) in the case of a vessel that is more than 6 m in length, a statement declaring that the vessel met the construction requirements for pleasure craft as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (e) in the case of a vessel that is more than 6 m in length and that meets the construction requirements for a vessel other than a pleasure craft, instead of the statement set out in paragraph (d), a statement declaring that the vessel met the construction requirements for vessels other than pleasure craft as they read on the date of construction, manufacture, rebuilding or importation of the vessel;

    • (f) the design limitations of the vessel, if any;

    • (g) in the case of a vessel that is not more than 6 m in length, other than a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the following recommended maximum safe limits and the circumstances in which the recommendations do not apply:

      • (i) the maximum gross load capacity for the vessel and the details of the capacity that are set out in the construction standards,

      • (ii) the maximum number of persons that the vessel may carry, and

      • (iii) if the vessel is designed to be fitted with an outboard engine, the maximum power of the engine.

  • (2) The recommended maximum safe limits of the vessel shall be calculated in accordance with the applicable methods set out in the construction standards. However, alternative methods may be used if

    • (a) the alternative methods are more accurate; or

    • (b) the alternative methods are more suited to the vessel, owing to its unique nature, and the methods set out in the construction standards would result in recommended maximum safe limits that are less safe or less suitable for the vessel.

Declaration of Conformity

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall prepare a declaration of conformity that

    • (a) is submitted in the form established by the Minister;

    • (b) contains the principal dimensions and specifications of the vessel, the details of the vessel’s compliance with the construction requirements and the information appearing in the compliance notice; and

    • (c) is signed by the person who prepares the declaration, if that person is a Canadian resident, or, in any other case, by a representative of that person who is a Canadian resident.

    • (d) [Repealed, SOR/2020-279, s. 1]

  • (2) The builder, manufacturer, rebuilder or importer who prepares the declaration of conformity shall provide a copy of it to the reseller or end user at the time of the initial transfer of ownership of the vessel and to the Minister at or before that time.

  • (3) In the case of a series of vessels of a single model, the builder, manufacturer, rebuilder or importer shall, not later than March 31 in a calendar year, provide to the Minister, instead of a declaration of conformity for each vessel, a single declaration of conformity for each model of vessel and a report indicating the number of vessels of that model constructed, manufactured, rebuilt or imported during the previous calendar year.

  • (4) The reseller of a vessel shall provide the declaration of conformity to another reseller at the time of the transfer of ownership of the vessel or to the end user at the time of the initial transfer of ownership of the vessel.

Records

  •  (1) Before attaching a compliance notice to a vessel, the builder, manufacturer, rebuilder or importer of the vessel shall establish, in respect of the vessel or model of vessel, the following records:

    • (a) the technical documentation or information used — including the tests or calculations performed — to ensure compliance with the construction requirements; and

    • (b) a copy of the declaration of conformity.

  • (2) The builder, manufacturer, rebuilder or importer of the vessel shall keep the records for a period of seven years after the day on which they are established and shall, on request, provide the records to any person or organization authorized under the Act to carry out inspections.

Owner of a Vessel Other than a Pleasure Craft

Compliance Notice — Required

  •  (1) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is not more than 6 m in length, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (2) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is more than 6 m in length, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements for vessels other than pleasure craft, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (3) If a vessel other than a pleasure craft is not fitted with a compliance notice at the time of the initial transfer of ownership, the owner of the vessel shall request a compliance notice from the builder, manufacturer, rebuilder or importer of the vessel.

  •  (1) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is not more than 6 m in length and that has undergone a change of use, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements in force on the date of the change of use, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

  • (2) Before operating or permitting another person to operate a vessel, other than a pleasure craft, that is more than 6 m in length and that has undergone a change of use, the owner of the vessel shall ensure that the vessel is fitted with a compliance notice attesting that the vessel is in compliance with the construction requirements for a vessel other than a pleasure craft in force on the date of the change of use, and that the notice is permanently attached in a conspicuous location plainly visible from the operating position.

Compliance Notice — Not Required

 A compliance notice is not required for a vessel other than a pleasure craft in the following cases:

  • (a) the vessel’s construction or reconstruction starts, or its importation or change of use occurs, within one year after the day on which these Regulations come into force;

  • (b) the vessel’s construction or reconstruction starts, or its importation or change of use occurs, more than one year after the day on which these Regulations come into force, and

    • (i) the owner of the vessel has made reasonable efforts to obtain a compliance notice but has been unable to obtain one because of circumstances beyond the owner’s control, and the document referred to in subparagraph (iii) is carried on board,

    • (ii) the builder, manufacturer, rebuilder or importer of the vessel has informed the owner that the compliance notice has been prepared but the owner has not yet received it, or

    • (iii) the vessel has been inspected by a person or an organization authorized under the Act to carry out inspections, or the owner of the vessel is participating in a compliance program authorized by the Minister in respect of that vessel, and a document indicating that the vessel has been inspected or that the owner is participating in the program is carried on board.

Obtaining a Compliance Notice — Temporary Procedure

Application

  •  (1) For a period of one year beginning on the day on which these Regulations come into force, the builder, manufacturer, rebuilder or importer of a vessel may obtain a compliance notice by submitting an application in writing to the Minister in the form established by the Minister.

  • (2) In the case of a vessel that is not more than 6 m in length, other than a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the application shall contain the information set out in the construction standards that is necessary to enable the Minister to calculate the recommended maximum safe limits for that vessel.

Issuance

 If the information provided with an application for a compliance notice is accurate, the Minister shall issue a compliance notice.

Prohibitions

 No person shall

  • (a) remove or alter a compliance notice on a vessel, or a builder’s plate on a personal watercraft, except in accordance with section 811;

  • (b) deface a compliance notice;

  • (c) attach to a vessel, except in accordance with this Part, any form of notice, plate or label indicating that the vessel meets the construction requirements;

  • (d) attach to a vessel a compliance notice that contains untrue information;

  • (e) submit an application required under this Part that contains untrue information; or

  • (f) establish a document or record required under this Part that contains untrue information.

  • SOR/2013-235, s. 34

Replacement of a Compliance Notice

  •  (1) A person may remove a compliance notice in order to attach a new compliance notice provided by the builder, manufacturer, rebuilder or importer to correct the information contained on a compliance notice.

  • (2) The owner of a vessel may, on informing the Minister, remove a compliance notice if the notice becomes illegible, or if its removal is necessary in order to conduct repairs, and replace it with a new one reproducing the same information. The owner shall retain the original compliance notice, or photographs or documents containing the information that appeared on the notice.

 A person who obtains a new compliance notice for a vessel shall

  • (a) if the vessel has been fitted with a compliance notice in the form of a label, attach the new compliance notice over the existing compliance notice; or

  • (b) if the vessel has been fitted with a compliance notice in the form of a plate, remove and retain the plate before attaching the new compliance notice.

PART 9Hull Serial Numbers

  •  (1) This Part applies in respect of a vessel that is constructed, manufactured, rebuilt or imported in order to be sold or operated in Canada.

  • (2) Section 902 applies in respect of all vessels in Canada.

  • (3) This Part, except section 902, does not apply in respect of

    • (a) a vessel that is registered in another country as having the right to fly the flag of that country;

    • (b) a vessel that is registered under the Act, other than a vessel registered in the small vessel register;

    • (c) a vessel that is not licensed or registered under the Act and that is principally maintained and operated in another country;

    • (d) a tug; or

    • (e) a floating object that is less than 2 m in length and that is not designed to be propelled by an engine.

  • (4) Section 903 does not apply in respect of a vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding or importation is on or before the day on which these Regulations come into force or within one year after that day.

 A person who operates or permits another person to operate a vessel shall ensure that the vessel is marked with a hull serial number in accordance with the requirements of this Part.

  •  (1) No person shall alter, deface or remove a hull serial number.

  • (2) The builder, manufacturer or rebuilder of a vessel may alter a hull serial number in order to correct any error or omission that may have occurred when the number was first marked on the hull of the vessel.

  • (3) A hull serial number may be temporarily removed from a vessel if it is necessary to do so in order to repair or rebuild the vessel and if the number is replaced before the vessel is operated.

  • (4) A hull serial number may be removed by a rebuilder if it is replaced with a new hull serial number.

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall obtain a manufacturer’s identification code from the Minister.

  • (2) The builder, manufacturer or rebuilder of a vessel shall permanently mark a hull serial number on the hull of the vessel before its first sale to a reseller or an end user.

  • (3) The importer of a vessel shall ensure that a hull serial number is permanently marked on the hull of the vessel before its first sale to a reseller or an end user.

  • (4) The builder, manufacturer or rebuilder of a vessel shall permanently mark the hull serial number in a second location on the hull, that is either beneath a fitting or an item of hardware or that is on the interior of the vessel and unexposed, or, in the case of an imported vessel, the importer of the vessel shall ensure that the hull serial number is permanently marked in such a location.

  • (5) The builder, manufacturer, rebuilder or importer of a vessel shall keep a record of the second location of the hull serial number and shall, on request, provide the information to any person or organization authorized under the Act to carry out inspections.

  • (6) If a vessel is imported from a country with which Canada does not have an agreement regarding the sharing of information respecting a manufacturer’s identification code, the importer shall ensure that the country’s alpha-2 code published by the Maintenance Agency for ISO 3166 is added to the hull serial number.

  • (7) A person who is engaged in the business of assembling kit vessels that have a hull serial number shall, before the initial transfer of ownership of the vessel to a reseller or an end user, add a suffix provided by the Minister to the hull serial number in a manner specified by the Minister.

  • (8) If the rebuilder of a vessel does not replace the hull serial number, the rebuilder shall, before the initial transfer of ownership of the vessel to a reseller or an end user, add a suffix provided by the Minister to the hull serial number in a manner specified by the Minister.

  • (9) The hull serial number shall be in the format set out in the construction standards and be located where it is clearly visible when the vessel is in the water, namely,

    • (a) on the upper starboard quarter of the outside surface of the transom; or

    • (b) if the vessel has no transom, on the uppermost starboard side at the aft end of the hull.

  • (10) If a vessel is not marked with a hull serial number, the owner of the vessel shall make a request for such a number to the builder, manufacturer, rebuilder or importer of the vessel.

  • (11) On receipt of a request for a hull serial number, the builder, manufacturer, rebuilder or importer of the vessel shall provide the applicant with a hull serial number on a plate or label, or shall permanently mark the hull serial number on the vessel if the applicant brings the vessel to them.

  • (12) On receipt of a plate or label, the applicant shall permanently attach it to the vessel.

  • (13) The builder, manufacturer or rebuilder of a vessel shall not use the same hull serial number on more than one vessel.

 A vessel is not required to be marked with a hull serial number if

  • (a) despite reasonable efforts, the owner of the vessel is unable to obtain a hull serial number from the builder, manufacturer, rebuilder or importer of the vessel; or

  • (b) the vessel is constructed, manufactured, rebuilt or imported by an individual for personal use.

PART 10Safety Precautions and Operational Requirements

Mufflers

  •  (1) No person shall operate or permit another person to operate a power-driven vessel unless it is equipped with a muffler that is in good working order.

  • (2) No person shall operate or permit another person to operate a vessel equipped with a muffler cut-out or by-pass unless the muffler cut-out or by-pass is visibly disconnected in a manner that ensures it cannot be easily reconnected while the vessel is in operation.

  • (3) Subsections (1) and (2) do not apply in respect of a vessel that

    • (a) was constructed or manufactured before January 1, 1960;

    • (b) is engaged in formal training, in an official competition or in final preparation for an official competition;

    • (c) is propelled by an outboard engine or a stern-drive, if the exhaust gases are directed under water through the propeller hub or below the cavitation plate;

    • (d) is operated at five or more nautical miles from shore; or

    • (e) is propelled by gas turbines or by an aircraft-type propeller operating in air.

 
Date modified: