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Small Vessel Regulations (SOR/2010-91)

Regulations are current to 2021-11-17 and last amended on 2021-06-23. Previous Versions

PART 6Critical Safety Requirements (continued)

Pumping and Bailing

 A watertight compartment on a vessel shall be provided with a means of pumping or with access for bailing when the vessel is in any operating condition, unless the vessel cannot retain a sufficient quantity of water to make it capsize or the compartment is sealed and is not readily accessible.

PART 7Construction Requirements

Application

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

    • (a) propelled or designed to be propelled by an engine;

    • (b) permanently fitted with an auxiliary engine; or

    • (c) fitted with a fuel-burning appliance or system that uses gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha.

  • (2) Only sections 701, 703 and 704 apply in respect of a pleasure craft that is 24 m or more in length.

  • (3) If a personal watercraft is constructed, manufactured or rebuilt in accordance with ISO 13590, then only sections 701, 702, 704 to 709 and 711 apply in respect of the personal watercraft.

  • (4) 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; or

    • (c) a tug.

General Requirement

 Unless otherwise indicated in these Regulations, the builder, manufacturer, rebuilder, importer and owner of a vessel shall ensure that the vessel meets the requirements of this Part.

Pleasure Craft

 A pleasure craft shall meet

  • (a) the construction requirements of this Part; or

  • (b) if its date of construction, manufacture or rebuilding or its date of importation is before the day on which these Regulations come into force, the construction requirements in force on that date.

 A pleasure craft that is 24 m or more in length shall be constructed, manufactured or rebuilt in accordance with the applicable recommended practices and standards in force on its date of construction, manufacture or rebuilding.

Safety Notice

 Every safety notice required under this Part shall

  • (a) meet the requirements of American Boat and Yacht Council Standard T-5, Safety Signs and Labels;

  • (b) be in English and French; and

  • (c) be placed in a plainly visible location near the hazard.

Personal Watercraft

  •  (1) Every personal watercraft shall display a safety notice that indicates the precautions that must be taken in order to minimize the risk of fire and explosion, including the information set out in the construction standards.

  • (2) Every personal watercraft that is constructed, manufactured or rebuilt in accordance with ISO 13590 shall display, in English and French, a builder’s plate that meets the requirements of that standard.

Obligations of an Owner of a Vessel Other than a Pleasure Craft

 The owner of a vessel other than a pleasure craft shall, before operating or permitting another person to operate the vessel, ensure that it meets the requirements of sections 707 and 708.

  •  (1) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is on or after the day on which these Regulations come into force shall meet the construction requirements of this Part.

  • (2) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is within the period beginning on April 1, 2005 and ending on the day before the day on which these Regulations come into force shall conform to the 2004 edition of the construction standards.

  •  (1) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is before April 1, 2005 shall conform to the 2004 edition of the construction standards, or to the recommended practices and standards that provide a level of safety at least equivalent to that provided by the 2004 edition of the construction standards.

  • (2) A critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards.

  • (3) A non-critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if

    • (a) the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards; or

    • (b) the owner of the vessel demonstrates to the satisfaction of the Minister that the modifications required to bring the element into conformity with the 2004 edition of the construction standards are so extensive that they would render it unreasonable or impractical to modify the element and would not significantly improve the safety of the vessel.

  • (4) Subject to subsection (5), if the Minister is satisfied by the demonstration referred to in paragraph (3)(b), the Minister shall take one or more of the following measures:

    • (a) allow the owner of the vessel three years to bring the element into conformity with the 2004 edition of the construction standards or the recommended practices and standards;

    • (b) restrict the operation of the vessel to match the limitations resulting from the non-conformity; or

    • (c) require the vessel to carry on board additional safety equipment.

  • (5) The Minister is not required to take any measures if the modifications required to bring a non-critical safety element into conformity would result in a negligible increase in the level of safety of the vessel.

  • (6) If the Minister takes any measures, the owner of a vessel shall not operate or permit another person to operate the vessel unless it is in compliance with the measures.

  • (7) An element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards if

    • (a) it has been used on a vessel of a similar type operated for a similar purpose in the past five years without a marine occurrence or other event related to a deficiency in its construction or maintenance in an area where the wind and wave conditions are no less severe than those likely to be encountered in the vessel’s intended area of operation;

    • (b) it conforms to the recommended practices and standards that are appropriate for the vessel and its operation; or

    • (c) it meets the safety objectives of the 2004 edition of the construction standards.

  • (8) The critical safety elements of the 2004 edition of the construction standards are those in respect of

    • (a) watertight and weathertight integrity of the hull, decks and superstructure;

    • (b) structural strength;

    • (c) underwater penetration of the hull;

    • (d) buoyancy and stability;

    • (e) water-freeing arrangements;

    • (f) means of protecting persons from falls;

    • (g) installation and maintenance of fuel systems;

    • (h) ventilation of combustible vapours;

    • (i) fuel-burning, cooking and heating installations;

    • (j) ignition-protected electrical components;

    • (k) bilge-pumping arrangements; and

    • (l) fire safety.

Particular Design — Vessel

 If the design of a type of vessel or of a system or component of a vessel would render it unsafe, unsuitable or impracticable to construct, manufacture or rebuild the vessel in accordance with the construction requirements, the vessel may be constructed, manufactured or rebuilt according to the recommended practices and standards that provide a level of safety at least equivalent to that provided by the construction requirements and that are applicable to the construction, manufacture or rebuilding of a vessel of that design, for example,

  • (a) a dynamically supported craft;

  • (b) a submarine;

  • (c) a wing-in-ground-effect vessel; and

  • (d) a hydroplane or other high-powered, low-volume vessel that is used exclusively for racing.

Major Modifications

  •  (1) The owner of a vessel and every person who is responsible for making a major modification to the vessel shall ensure that the major modification is in accordance with the construction requirements as they read on the day on which the modification was started.

  • (2) If a major modification is made to a vessel other than a pleasure craft, the owner of the vessel shall inform the Minister of the modification and, if requested by the Minister, shall provide the Minister with the technical data necessary to determine the vessel’s compliance with the construction requirements.

  • (3) In this section, major modification means a modification or repair or a series of modifications or repairs that substantially changes the capacity or size of a vessel or the nature of a system on board a vessel, that affects its watertight integrity or its stability, or, except in the case of the restoration of an antique wooden pleasure craft, that substantially increases its service life.

Plans

  •  (1) If it is necessary, because of the type or design of a vessel other than a pleasure craft, to obtain information in order to establish the vessel’s compliance with the construction requirements, the builder, manufacturer, rebuilder, importer or owner of the vessel shall submit to the Minister, on request, the following documents:

    • (a) the general arrangement of the vessel;

    • (b) a diagram of the propulsion system;

    • (c) the general arrangement and identification of the machinery, including a description of the bilge pumping systems, fuel systems and firefighting systems;

    • (d) a one-line electrical diagram.

  • (2) If a vessel, other than a pleasure craft, was constructed, manufactured or rebuilt before the day on which these Regulations came into force, the owner of the vessel may submit photographs and technical data instead of the documents referred to in subsection (1).

Protection from Falling

  •  (1) A vessel, other than a pleasure craft, that is more than 6 m in length shall, in accordance with the construction standards, have means of protecting persons from falls or from falling overboard.

  • (2) A vessel, other than a pleasure craft, that is not more than 6 m in length and every pleasure craft shall be equipped with handhold devices and guard rails in accordance with sections H41.5 and H41.6 of American Boat and Yacht Council Standard H41, Reboarding Means, Ladders, Handholds, Rails, and Lifelines.

Structural Strength and Seaworthiness

  •  (1) A vessel’s structural strength shall conform to the construction standards.

  • (2) A vessel’s structural strength and watertight integrity shall be adequate for its intended use, taking into account the maximum anticipated loads. The vessel’s strength and integrity are adequate if

    • (a) the vessel is constructed, manufactured or rebuilt in accordance with the recommended practices and standards for the type of vessel;

    • (b) the vessel’s design has been used for a vessel of the same type that was operated for at least five years without a marine occurrence or other event related to a deficiency in its construction or maintenance in an area where the wind and wave conditions are no less severe than those likely to be encountered in the vessel’s intended area of operation;

    • (c) the vessel’s design is supported by calculations or test documents proving that the design achieves the required structural strength; or

    • (d) in the case of an open vessel, the structural strength and watertight integrity are achieved by following traditional construction methods that have proven to be effective and reliable over time.

  • (3) The materials and equipment used in the construction, manufacture or rebuilding of a vessel shall be suited to the operating and environmental conditions that the vessel may encounter.

  • (4) The owner of a vessel shall ensure that the structural strength and watertight integrity of the vessel continue to be adequate for its intended use.

  • (5) The hull of a vessel other than a pleasure craft shall be strengthened if the vessel is intended for operation in waters where the presence of ice requires the vessel to make extraordinary manoeuvres in order to avoid hull damage.

  • (6) On the request of the Minister, the builder, manufacturer, rebuilder, importer or owner of a vessel shall demonstrate that the vessel meets the requirements of this section.

Watertight Integrity

 The design of a vessel’s superstructure, hull and fittings shall provide, in accordance with the construction standards, for the maintenance of watertight integrity and the prevention of downflooding.

Hull Design

 The design of the hull of a pleasure craft that is not more than 6 m in length shall conform to the construction standards for buoyancy, flotation and stability.

  •  (1) The stability of a vessel other than a pleasure craft shall be adequate to safely carry out its intended operations.

  • (2) The owner of a vessel shall demonstrate, on the request of the Minister, that the vessel has adequate stability to safely carry out its intended operations.

  •  (1) This section applies in respect of a vessel, other than a pleasure craft,

    • (a) whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is on or after April 1, 2005; and

    • (b) whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, was before April 1, 2005, if the type of operation or the area of operation of the vessel changed on or after April 1, 2005.

  • (2) The buoyancy, flotation and stability of a vessel that is not more than 6 m in length shall conform to the construction standards.

  • (3) The stability of a vessel that is more than 6 m in length shall conform to

    • (a) the construction standards; or

    • (b) the recommended practices and standards for the type of vessel, other than a monohull vessel.

  • (4) The builder, manufacturer, rebuilder or importer of the vessel shall provide the end user or reseller with a document setting out the design limitations of the vessel, if any, including capacity, power and environmental limitations.

Ventilation

  •  (1) On a vessel, an enclosed space that contains a source of gasoline vapour shall have, in accordance with the construction standards, a natural ventilation system designed to remove any accumulation of combustible vapours.

  • (2) A compartment that, in accordance with the construction standards, has the characteristics of an open space is not required to have a natural ventilation system.

  • (3) On a vessel that is propelled by an outboard engine, any space that is under an engine well or that does not have the characteristics of an open space, and that is capable of accommodating a 23 L portable gasoline tank but is not designed to do so, shall display a safety notice to indicate that the space is not to be used for gasoline tank storage.

  • (4) No supply or exhaust ducting that forms part of the ventilation system shall open into any accommodation space.

 On a vessel other than a personal watercraft, an enclosed space that contains a gasoline engine shall meet the following conditions:

  • (a) its ventilation system shall be supplemented by powered ventilation in accordance with the construction standards; and

  • (b) at each engine ignition switch, a safety notice shall be displayed indicating that the blower is to be operated for four minutes before the engine is started and containing the information set out in the construction standards.

 
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