Small Vessel Regulations (SOR/2010-91)

Regulations are current to 2018-10-03 and last amended on 2018-05-16. Previous Versions

PART 7Construction Requirements (continued)

Fire Safety (continued)

  •  (1) Every vessel, other than a pleasure craft, that is more than 6 m in length and that has an enclosed engine space shall

    • (a) be fitted with a fixed fire extinguishing system having a sufficient quantity of fire extinguishing agent for the protection of the space in accordance with the construction standards; or

    • (b) have provision for discharging a portable fire extinguisher that meets the requirements of section 416 or 514 directly into the engine space without the need to open the primary access to that space.

  • (2) A gas, other than carbon dioxide, that is used as a fire extinguishing agent shall provide protection at least equivalent to that provided by carbon dioxide.

  • (3) A fixed fire extinguishing system shall be certified for marine use by a product certification body or a classification society and installed in accordance with the manufacturer’s instructions.

  •  (1) A vessel, other than a pleasure craft, that is more than 6 m in length shall be provided with a minimum of two means of escape in each accommodation, service and engine space, in accordance with the construction standards.

  • (2) Only one means of escape is required in an accommodation, service or engine space if

    • (a) the space is not normally occupied;

    • (b) the dimensions of the space do not permit more than one means of escape; or

    • (c) the deck area is not more than 28 m2.

PART 8Compliance Notices

Application

  •  (1) This Part applies in respect of a vessel that is propelled or designed to be propelled by an engine and that is constructed, manufactured or rebuilt in, or imported into, Canada to be sold or operated in Canada.

  • (2) This Part 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 principally maintained and operated in another country and that is not licensed or registered in Canada;

    • (c) a pleasure craft that is 24 m or more in length;

    • (d) a tug; or

    • (e) a high-powered, low-volume vessel that is used exclusively for racing.

Builder, Manufacturer, Rebuilder and Importer

Compliance Notice

  •  (1) The builder, manufacturer, rebuilder or importer of a vessel shall ensure that, before the initial transfer of ownership of the vessel to the reseller or end user, the vessel is fitted with a compliance notice permanently attached to the inside of the vessel, in a conspicuous location plainly visible from the operating position.

  • (2) Subsection (1) does not apply in respect of a vessel

    • (a) that is constructed, rebuilt or imported by an individual for their personal use; or

    • (b) that meets the following criteria:

      • (i) it is of open construction,

      • (ii) it is not mass-produced,

      • (iii) it is not propelled or designed to be propelled by an inboard engine or stern-drive, and

      • (iv) it has been constructed following traditional methods that have proven to be effective and reliable over time using wood or other traditional materials or, in the case of a canoe, using glass-reinforced plastic.

  • (3) In the case of a personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590, the builder, manufacturer, rebuilder or importer shall ensure that the personal watercraft is fitted not only with a compliance notice, but also with the builder’s plate set out in that standard.

  • (4) In the case of a vessel that has been the subject of an initial transfer of ownership,

    • (a) if the vessel has not been fitted with a compliance notice, the builder, manufacturer, rebuilder or importer shall provide the owner with a compliance notice; or

    • (b) if the vessel has been fitted with a compliance notice that is inaccurate, the builder, manufacturer, rebuilder or importer shall first inform the Minister and then provide the owner with an accurate compliance notice.

  • (5) Subsection (4) does not apply in respect of a pleasure craft that was the subject of an initial transfer of ownership in Canada before the day on which these Regulations came into force.

  • (6) A compliance notice shall

    • (a) be in English and French;

    • (b) contain the information set out in section 802;

    • (c) be in the format set out in the examples provided in the construction standards;

    • (d) be in the form of a plate or label;

    • (e) be capable of withstanding — without loss of legibility — wear, environmental conditions (including salt water spray), and hydrocarbons and all other chemicals to which the vessel may be exposed during normal operation and maintenance; and

    • (f) be made in such a manner that any attempt to remove it or to alter its content will result in the destruction of the notice or in a clearly visible sign of the attempt to remove or alter it.

  • (7) Subsections (1) to (5) do 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.

  •  (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;

    • (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; and

    • (d) is witnessed by a person authorized to administer oaths under the laws of Canada or a province.

  • (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.

 
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