Vessel Fire Safety Regulations (SOR/2017-14)

Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

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

  cargo vessel

  cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

  dangerous goods

  dangerous goods means the substances, materials and articles to which the IMDG Code applies. (marchandises dangereuses)

  fire retardant coating

  fire retardant coating means a coating that

  • (a) a product certification body, testing laboratory or recognized organization has certified as having a flame spread rating or index of 25 or less and a smoke developed classification or index of 100 or less when tested in accordance with the standard CAN/ULC-S102, entitled Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies, published by the Standards Council of Canada, or the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials; or

  • (b) meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code. (revêtement retardant la propagation de la flamme)

  fire retardant resin

  fire retardant resin means a laminating resin that

  • (a) a product certification body, testing laboratory or recognized organization has certified as having a flame spread rating or index of 25 or less and a smoke developed classification or index of 100 or less when tested in accordance with the standard CAN/ULC-S102, Standard Method of Test for Surface Burning Characteristics of Building Materials and Assemblies, published by the Standards Council of Canada, or the standard ASTM E84, entitled Standard Test Method for Surface Burning Characteristics of Building Materials; or

  • (b) meets the flame spread, smoke and toxicity requirements set out in Annex 1 to the FTP Code. (résine retardant la propagation de la flamme)

  fishing vessel

  fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

  FSS Code

  FSS Code means the International Code for Fire Safety Systems, published by the IMO. (Recueil FSS)

  FTP Code

  FTP Code means the International Code for Application of Fire Test Procedures, 2010, published by the IMO. (Code FTP)

  high-speed craft

  high-speed craft means a craft that has been certified in accordance with the HSC Code and that meets the requirements of that Code. (engin à grande vitesse)

  HSC Code

  HSC Code means

  • (a) in the case of high-speed craft referred to in sections 1.3.1 to 1.3.6 of the International Code of Safety for High Speed Craft, 2000, published by the IMO, that Code; and

  • (b) in the case of all other high-speed craft, the International Code of Safety for High-Speed Craft, 1994, published by the IMO. (Recueil HSC)

  IMDG Code

  IMDG Code means the International Maritime Dangerous Goods Code, published by the IMO. (Code IMDG)

  IMO

  IMO means the International Maritime Organization. (OMI)

  length

  length has the same meaning as in paragraph (b) of the definition length in section 1 of the Vessel Registration and Tonnage Regulations. (longueur)

  Minister

  Minister means the Minister of Transport. (ministre)

  near coastal voyage, Class 2, limited

  near coastal voyage, Class 2, limited means a voyage

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

  • (b) during which the vessel engaged on the voyage is always within 5 nautical miles from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon;

  • (c) during which the maximum distance from the port of call is not more than 7.5 nautical miles, if the voyage starts and ends at the same port of call; and

  • (d) during which the maximum distance between all ports of call is not more than 15 nautical miles, if the voyage starts and ends at different ports of call. (voyage limité à proximité du littoral, classe 2)

  passenger vessel

  passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

  product certification body

  product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement (MLA), to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification. (organisme de certification de produits)

  recognized organization

  recognized organization means an organization or a corporation with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Act. (organisme reconnu)

  sheltered waters voyage

  sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (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. (SOLAS)

  testing laboratory

  testing laboratory means a laboratory that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Laboratory Accreditation Cooperation, to produce accurate results for the specific tests or calibrations that are listed on its Scope of Accreditation. (laboratoire d’essai)

  type approval certificate

  type approval certificate means a type approval certificate referred to in the FTP Code. (certificat d’approbation par type)

• (2) Except as provided in subsection (3), all words and expressions defined in Chapter II-2 of SOLAS and used in Part 1 or 2 have the same meaning as in that Chapter.

• (3) For the purposes of Parts 1 and 2, the definition “A” class divisions includes the criterion that the insulation on the decks and bulkheads be held in place in accordance with the applicable requirements of the type approval certificate and with the manufacturer’s instructions.

• (4) For the purposes of Parts 1 and 2, a vessel is constructed on

  • (a) the earliest of

    • (i) the day on which its keel is laid,

    • (ii) the day on which construction identifiable with a specific vessel begins, and

    • (iii) the day on which assembly of the vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material; or

  • (b) in the case of a vessel converted to a passenger vessel, the day on which the conversion begins.

• (5) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

• (6) For the purpose of interpreting a document incorporated by reference into these Regulations,

  • (a) “should” is to be read as “must”; and

  • (b) “Administration” is to be read as “Minister”.

• (7) For the purposes of these Regulations, any guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document that is incorporated by reference into these Regulations are to be considered mandatory.

• (8) For the purposes of these Regulations, dangerous goods are in limited quantities if Chapter 3.4 of the IMDG Code applies to those goods and they meet the requirements of that Chapter.

FTP Code

• 2 (1) For the purposes of these Regulations, if a material must meet requirements set out in Annex 1 to the FTP Code,

  • (a) it must be approved by the Minister as meeting those requirements and in accordance with that Code;

  • (b) the Minister’s approval is not required when section 6 of the Code applies; and

  • (c) the Code is to be read without reference to the words “In general”.

• (2) For the purposes of these Regulations,

  • (a) “may” is to be read as “must” in section 3.4 of Part 3 of Annex 1 to the FTP Code;

  • (b) section 3.5.2.1 of Part 3 of Annex 1 to the FTP Code is to be read as “Thermal radiation through windows must be tested and evaluated in accordance with appendix 3 to this part if escape routes pass near the windows”; and

  • (c) the hose-stream test procedure set out in section 5 of appendix 2 to Part 3 of Annex 1 to the FTP Code is mandatory if escape routes pass near the windows.

FSS Code

• 3 (1) For the purposes of these Regulations, if a system or equipment must meet requirements of the FSS Code, the system or equipment must be approved by the Minister as meeting those requirements.

• (2) Subsection (1) does not apply in respect of the design of pressure containers referred to in section 124.

[4 to 99 reserved]

PART 1Chapter II-2 of SOLAS and Modifications

Interpretation

• 100 (1) The following definitions apply in this Part.

  equipment

  equipment includes appliances. (équipement)

  inland voyage

  inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

  near coastal voyage, Class 1

  near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

  near coastal voyage, Class 2

  near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)

  unlimited voyage

  unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

• (2) For the purposes of this Part, a reference to “near coastal voyage, Class 2” must be read as including a reference to “inland voyage”.

Application

• 101 (1) This Part applies in respect of Canadian vessels everywhere that are

  • (a) passenger vessels that are Safety Convention vessels;

  • (b) passenger vessels that are not Safety Convention vessels and are

    • (i) 24 m or more in length, other than vessels referred to in paragraph (2)(a), or

    • (ii) more than 15 gross tonnage but of less than 24 m in length that are carrying more than 36 berthed passengers;

  • (c) cargo vessels of 500 gross tonnage or more; or

  • (d) vessels of more than 15 gross tonnage that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation.

• (2) This Part, other than the requirements with respect to structural fire protection, applies in respect of Canadian vessels everywhere that are

  • (a) passenger vessels of 24 m or more in length that

    • (i) are not Safety Convention vessels,

    • (ii) are carrying no berthed passengers and fewer than 100 unberthed passengers, and

    • (iii) are engaged on a sheltered waters voyage or a near coastal voyage, Class 2, limited; or

  • (b) cargo vessels of 24 m or more in length but of less than 500 gross tonnage, other than vessels that carry dangerous goods, other than in limited quantities, and that are referred to in regulation 19.2.2 of Chapter II-2 of SOLAS or have cargo spaces referred to in that regulation.

• (3) This Part does not apply in respect of

  • (a) pleasure craft;

  • (b) fishing vessels;

  • (c) high-speed craft;

  • (d) vessels that do not have mechanical means of propulsion;

  • (e) wooden vessels of primitive build;

  • (f) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; or

  • (g) nuclear vessels.