Navigation Safety Regulations, 2020
P.C. 2020-768 2020-10-02
Whereas the annexed Navigation Safety Regulations, 2020 establish additional or complementary standards to those set out in the International Convention for the Safety of Life At Sea of 1974 and the Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974, and the Governor in Council is satisfied that those standards meet the objectives of the Convention and Protocol;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than sections 425 to 427 and on the recommendation of the Minister of Natural Resources with respect to sections 425 to 427, makes the annexed Navigation Safety Regulations, 2020 pursuant to
(a) subsection 149(1)Footnote a of the Canada–Newfoundland and Labrador Atlantic Accord Implementation ActFootnote b;
(b) subsection 153(1)Footnote c of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation ActFootnote d;
Return to footnote aS.C. 2015, c. 4, ss. 54(1) to (4)
Return to footnote bS.C. 1987, c. 3; S.C. 2014, c. 13, s. 3
Return to footnote cS.C. 2015, c. 4, ss. 90(1) to (3)
Return to footnote dS.C. 1988, c. 28
Return to footnote eS.C. 2019, c. 28, para.142(2)(u)
Return to footnote fR.S., c. O-7; S.C. 1992, c. 35, s. 2
Return to footnote gS.C. 2019, c. 1, s. 141
Return to footnote hS.C. 2018, c. 27, s. 692
Return to footnote iS.C. 2018, c. 27, s. 694
Return to footnote jS.C. 2005, c. 29, s. 18
Return to footnote kS.C. 2015, c. 3, s. 24
Return to footnote lS.C. 2001, c. 26
1 The following definitions apply in these Regulations.
Act means the Canada Shipping Act, 2001. (Loi)
AIS means an automatic identification system. (AIS)
- competent authority
competent authority means
(a) a government that is a party to the Safety Convention;
(b) a society or association for the classification and registry of vessels recognized by a government referred to in paragraph (a); or
(c) a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets applicable standards specified in these Regulations. (autorité compétente)
ECDIS means an electronic chart display and information system. (SVCEI)
- fishing vessel
fishing vessel means a vessel engaged in commercial fishing. (bâtiment de pêche)
- floating plant
floating plant includes any type of manned barge, scow or similar watercraft that is used for river or harbour improvements, salvage, scientific work, cargo handling, exploration or exploitation of mineral resources, or other similar operations. (installation flottante)
- GNSS receiver
GNSS receiver means a receiver for a global navigation satellite system. (récepteur GNSS)
- Great Lakes Basin
Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montreal in Quebec. (bassin des Grands Lacs)
IEC means the International Electrotechnical Commission. (CEI)
IMO means the International Maritime Organization. (OMI)
- inland voyage
inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
- international voyage
international voyage means a voyage between a port in one country and a port in another country, but does not include a voyage solely in the Great Lakes Basin. (voyage international)
length in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur)
Minister means the Minister of Transport. (ministre)
- nautical mile
nautical mile means the international nautical mile of 1 852 m. (mille marin)
- navigational warning
navigational warning means an urgent release broadcast or publication by the Canadian Coast Guard to provide marine information. (avertissement de navigation)
- 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)
- Notices to Mariners
Notices to Mariners means notices published by the Canadian Coast Guard to provide marine information, and corrections and updates to nautical charts and publications. (Avis aux navigateurs)
- passenger vessel
passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)
- person in charge of the deck watch
person in charge of the deck watch means a person who has immediate charge of the navigation, manoeuvring or operation of a vessel, but does not include a pilot. (officier de quart à la passerelle)
- routing system
routing system has the same meaning as in subsection 1(1) of the Collision Regulations. (système d’organisation du trafic)
- Safety Convention
Safety Convention means the International Convention for the Safety of Life at Sea 1974 listed in Schedule 1 of the Act. (Convention sur la sécurité)
- 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 means the Safety Convention and the Protocol of 1988 relating to that Convention. (SOLAS)
towboat means a vessel that is engaged in a towing operation. (bâtiment remorqueur)
- towing operation
towing operation means the activity of pulling another vessel or a floating object astern or alongside or pushing another vessel or a floating object ahead. (opération de remorquage)
- unlimited voyage
unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)
Marginal note:Composite unit
2 (1) For the purposes of these Regulations, a composite unit of a pushing vessel and a pushed vessel that are rigidly connected and designed as a dedicated and integrated tug-and-barge combination is considered to be a single vessel that is not a towboat, the length and gross tonnage of which is the aggregate length and gross tonnage of the two vessels composing the unit.
Marginal note:Documents — amended from time to time
(2) Any reference in the Regulations to a document is a reference to the document as amended from time to time, except when the reference is to the document as it read on a specified date.
Marginal note:Incorporated documents — meaning of “should”
(3) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are to be considered mandatory.
Marginal note:Incorporated documents — meaning of “ship”
(4) For the purpose of interpreting a document incorporated by reference into these Regulations, “ship” is to be read as “vessel”.
Marginal note:Incorporated documents — exclusion of certain expressions
(5) A document incorporated by reference into these Regulations is to be read without reference to the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “or other means”, “satisfactory to the Administration” and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.
Marginal note:Interpretation — vessel date of construction
(6) For the purposes of these Regulations, the date of construction of a vessel is the earliest of the dates on which
(a) its keel is laid,
(b) construction of the vessel begins, and
(c) the assembly of the vessel has reached the lesser of 50 tonnes and 1% of the estimated mass of all structural material of the vessel.
Marginal note:Definition of vessel under the Act
3 For the purposes of these Regulations, barges that are not self-propelled are prescribed as a class of floating object that is excluded from the definition of vessel in section 2 of the Act.
4 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.
Marginal note:General requirement
5 (1) Unless under force majeure or to save life or property, the master of a vessel must ensure that the vessel does not engage on a voyage unless it is fitted with the equipment required under these Regulations.
Marginal note:Effective operating condition
(2) The master and authorized representative of a vessel must take all reasonable steps to ensure that all equipment required under these Regulations is installed, tested and maintained in a manner that ensures it is in effective operating condition.
Marginal note:Effective operating condition — restoration
(3) If any equipment required by these Regulations ceases to be in effective operating condition, the master of the vessel must, as soon as possible, restore the equipment to an effective operating condition.
Marginal note:Voyage to repair facilities
(4) If the vessel is in a port where repair facilities to restore the equipment to an effective operating condition are not readily available, the master must plan and execute a safe voyage to a port where such facilities are readily available, taking into account the fact that the equipment is not in effective operating condition.
Marginal note:Section 112 of the Act — shore station
6 (1) For the purposes of section 112 of the Act, the authority on shore that must be notified of a direct danger to navigation is the shore station for the area in which the vessel is navigating.
Marginal note:Procedures for giving notice to vessels
(2) A master who gives notice under section 112 of the Act to all vessels in the vicinity and the shore station must give the notice in accordance with the danger message reporting procedures set out in Section A5, entitled Navigation Safety, of the annual edition of Notices to Mariners.
PART 1Marine Navigation
100 (1) This Part applies in respect of the following vessels:
(a) Canadian vessels everywhere; and
(b) vessels that are not Canadian vessels and that are in Canadian waters.
Marginal note:Activities related to oil or gas
(2) This Part applies in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in
(a) section 3 of the Canada Oil and Gas Operations Act;
(b) subsection 8(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act; or
(c) subsection 8(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
DIVISION 1Maintenance and Standards
101 (1) Every type of equipment referred to in column 1 of Schedule 1 with which a vessel of 150 gross tonnage or more is fitted to comply with this Part and every AIS that is fitted on a vessel to which this Part applies must be type approved by a competent authority as meeting the following standards:
(a) the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids;
(b) the testing standards set out in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results; and
(c) every standard set out in columns 2 to 4 of Schedule 1 for the equipment or AIS.
Marginal note:Exception — equivalent standard
(2) The equipment and the AIS may be of a type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) instead of the standards referred to in that paragraph.
Marginal note:Type approval
(3) The type approval must be evidenced by a label or a document issued by the competent authority.
Marginal note:Placement of document or label
(4) The type approval must be
(a) if it is evidenced by a label, securely affixed to the equipment in a readily visible location; and
(b) if it is evidenced by a document, kept in a readily accessible location on board the vessel.
Marginal note:English or French translation
(5) If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.
Marginal note:Equipment that is not required
(6) Subsections (1) to (5) apply in respect of equipment that is fitted on a vessel even if the equipment is not required to be fitted on the vessel under this Part, if
(a) performance standards for that equipment are specified in Schedule 1;
(b) the vessel is of 500 gross tonnage or more and engaged on a voyage other than a sheltered waters voyage;
(c) the vessel is not a fishing vessel; and
(d) the equipment was fitted on or after July 1, 2002.
(7) Paragraphs (1)(b) and (c) and subsections (2) to (4) do not apply to equipment referred to in column 1 of Schedule 2 that was fitted before July 1, 2002, if the equipment is of a type approved by a competent authority as meeting the following standards:
(a) the performance standards set out in the Annex to IMO resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids; and
(b) the standards set out in column 2 of Schedule 2 for that equipment.
Marginal note:Maintenance record
102 (1) Every Canadian vessel of 150 gross tonnage or more that is engaged on an international voyage and every Canadian vessel of 500 gross tonnage or more must keep on board a maintenance record for the equipment required under this Part that shows all periodic testing and servicing, all defects, repairs and parts replacements and the dates and locations of each event and the personnel involved.
(2) Every vessel must keep on board the manufacturer’s operating and maintenance manuals for the equipment that it must be fitted with under this Part.
Marginal note:Spare parts
(3) Every vessel that is engaged on a voyage other than a sheltered waters voyage must carry the spare parts recommended by the manufacturer or by the operating or maintenance manuals for the equipment that it must be fitted with under this Part.
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