Transportation Safety Board Regulations

Marginal note:Report to Board

• 3 (1) The operator of the ship, other than a pleasure craft, whether or not they are the owner, the master, the ship’s pilot, any crew member of the ship and the harbour master, that have direct knowledge of a marine occurrence must report the following marine occurrences to the Board:

  • (a) a person is killed or sustains a serious injury as a result of

    • (i) boarding, being on board or falling overboard from the ship, or

    • (ii) coming into direct contact with any part of the ship or its contents;

  • (b) a person falls overboard from the ship;

  • (c) a crew member whose duties are directly related to the safe operation of the ship is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment;

  • (d) the ship

    • (i) sinks, founders or capsizes,

    • (ii) is involved in a collision or a risk of a collision,

    • (iii) sustains a fire or an explosion,

    • (iv) goes aground,

    • (v) makes unforeseen contact with the bottom without going aground,

    • (vi) sustains damage that affects its seaworthiness or renders it unfit for its purpose,

    • (vii) is anchored, grounded or beached to avoid an occurrence,

    • (viii) is missing or abandoned,

    • (ix) fouls a utility cable or pipe, or an underwater pipeline,

    • (x) sustains a total failure of

      • (A) the navigation equipment if the failure poses a threat to the safety of any person, property or the environment,

      • (B) the main or auxiliary machinery, or

      • (C) the propulsion, steering, or deck machinery if the failure poses a threat to the safety of any person, property or the environment;

  • (e) all or part of the ship’s cargo shifts or falls overboard; or

  • (f) there is an accidental release on board or from the ship which results in any of the events listed in subsection 8.4(2) of the Transportation of Dangerous Goods Regulations.

• Marginal note:Information in report

  (2) The report must contain the following information:

  • (a) the name or identification number, nationality and type of the ship and, if applicable, a general description of the cargo on board the ship;

  • (b) the date and time of the occurrence;

  • (c) the names of the operator, owner and agents of the ship and, if applicable, the name of the authorized representative referred to in subsection 14(1) of the Canada Shipping Act, 2001;

  • (d) the name of the master of the ship and, if applicable, the name of the ship’s pilot;

  • (e) the technical specifications of the ship such as its tonnage, length and type of propulsion;

  • (f) if the ship is equipped with a voyage data recorder or a simplified voyage data recorder,

    • (i) the type of recorder, including its make and model, and

    • (ii) any action taken or planned to save the data on the recorder;

  • (g) the last point of departure and the intended destination of the ship, including the date and time of the departure;

  • (h) the number of crew members, passengers and other persons on board at the time of the occurrence;

  • (i) the number of crew members, passengers and other persons involved in the occurrence who were killed or sustained serious injuries as a result of the occurrence;

  • (j) the local weather, sea and, if applicable, ice conditions at the time of the occurrence;

  • (k) the location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude;

  • (l) a description of the occurrence and the extent of any resulting damage to the ship, the environment and any other property;

  • (m) if applicable, a list of any dangerous goods released on board or from the ship, including the shipping name or UN number of the dangerous goods;

  • (n) if the ship is missing or inaccessible,

    • (i) the last known position of the ship by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the ship was at that position, and

    • (ii) the actions taken or planned to locate or gain access to the ship;

  • (o) a description of any action taken or planned to protect persons, property and the environment;

  • (p) the name and title of the person making the report and the phone number and address at which they can be reached; and

  • (q) any information specific to the occurrence that the Board requires.

• Marginal note:Time limit

  (3) The person making the report must send to the Board

  • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

  • (b) the remainder of that information as soon as it becomes available within 30 days after the occurrence.

• Marginal note:Agreement

  (4) The Board and any person mentioned in subsection (1) may enter into an agreement regarding a format and time frame for reporting marine occurrences that are not likely to require immediate Board response.

• Marginal note:Exemption

  (5) If a person making a report has sent any information described in subsection (2) to the Board

  • (a) the Board may exempt other persons from the requirement to send that information; and

  • (b) if the person is a member of a company, any other person from that company is exempt from the requirement to send that information.

• Marginal note:Report to radio ship reporting station

  (6) A report made to a radio ship reporting station is considered to have been made to the Board.

• Marginal note:Towing ship

  (7) In this section, a reference to an operator, whether or not they are the owner, or a master of a ship includes, in the case of a ship being towed by another ship, the operator, whether or not they are the owner, and master of the towing ship.

• Marginal note:Definitions

  (8) The following definitions apply in this section.

  collision

  collision means an impact, other than an impact associated with normal operating circumstances, between ships or between a ship and another object. (collision)

  master

  master means the person who is in command or charge of a ship, but does not include a licensed marine pilot while the pilot is performing pilotage duties under the Pilotage Act. (capitaine)

  operation

  operation means the activities for which a ship is used at any time other than when the ship is in dry dock or laid-up. (exploitation)

  pilot

  pilot means any person who is not a member of the ship’s crew and who has the conduct of the ship. (pilote)

  pleasure craft

  pleasure craft means a ship that is used for pleasure and not for a commercial purpose. (embarcation de plaisance)

  radio ship reporting station

  radio ship reporting station means a Canadian Coast Guard radio station, a Marine Communications and Traffic Services Centre, a Canadian marine radio station operated by the St. Lawrence Seaway Management Corporation or a Canadian harbour radio station. (station de radiocommunications maritime)

  risk of collision

  risk of collision means a situation in which a ship comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists. (risque de collision)