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Vessel Fire Safety Regulations (SOR/2017-14)

Regulations are current to 2020-11-17

Vessel Fire Safety Regulations

SOR/2017-14

CANADA SHIPPING ACT, 2001

Registration 2017-02-03

Vessel Fire Safety Regulations

P.C. 2017-84 2017-02-03

Whereas Part 1 of the proposed Regulations sets out standards that are additional or complementary to the standards set out in the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention, and the Governor in Council is satisfied that those additional or complementary standards meet the objectives of the Convention and Protocol;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(d) and subsection 120(1) of the Canada Shipping Act, 2001Footnote a, makes the annexed Vessel Fire Safety Regulations.

Interpretation

  •  (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 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.

 
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