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Navigation Safety Regulations, 2020 (SOR/2020-216)

Regulations are current to 2022-08-08 and last amended on 2021-10-06. Previous Versions

PART 2Marine Radiocommunications (continued)

DIVISION 3Radiotelephone Procedures (continued)

Marginal note:Cancellation of distress signals and alerts

 A person who has inadvertently transmitted a distress alert from a vessel or, after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts.

Marginal note:Communication power

 Except in a case of distress, a radio installation must not radiate more power than the power required to ensure clear communication.

Marginal note:Time

  •  (1) A radio operator using a radio installation, must, when stating the time during voice communications on board a vessel, observe the time in the following manner:

    • (a) if the vessel is engaged on an international voyage, observe coordinated universal time (UTC); and

    • (b) if the vessel is engaged on any other type of voyage, observe the local time of the area in which the vessel is navigating.

  • Marginal note:24-hour system

    (2) A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Marginal note:Radio record

  •  (1) A vessel must maintain a record in which the radio operator keeps the following information:

    • (a) the vessel’s name and registration number, its port of registry, gross tonnage and length and any of its Global Maritime Distress and Safety System identities as defined in Regulation 2 of Chapter IV of SOLAS;

    • (b) the period covered by the record;

    • (c) the time of each entry made in the radio record, stated in accordance with section 246;

    • (d) a summary of all radio communications, including the date, time, frequency used and details with respect to

      • (i) distress and urgency communications,

      • (ii) safety communications respecting the vessel,

      • (iii) abnormal radio propagation conditions that may reduce the effectiveness of the radio installation, and

      • (iv) any other important service incident;

    • (e) the names of the radio operators, the dates each operator is on board and the name of each certificate that each radio operator holds;

    • (f) the name of the radio operator designated for operating the radio equipment during emergencies as required under the Marine Personnel Regulations;

    • (g) the date and time a check, test or inspection required under this Part was carried out and the results obtained including, for each day that the vessel is at sea,

      • (i) the operating condition of the radio equipment determined by normal communication or a test call, as well as the position of the vessel at the time the determination is made,

      • (ii) the assessment of the reserve source of energy, and

      • (iii) if any of the radio equipment is found not to be in operating condition, a notation that the master was informed;

    • (h) the time of an inadvertent transmission of a distress, urgency or safety communication and the time and method of its cancellation;

    • (i) the date, time and details of any significant maintenance carried out on the radio installation, including the name of the person or the company that performed the maintenance tasks; and

    • (j) any corrective action taken to remedy any deficiency in the radio equipment required under this Part.

  • Marginal note:Radio record entry

    (2) The radio operator making an entry in a radio record must initial the entry.

  • Marginal note:Accessibility

    (3) The radio record must be kept for a period of not less than 12 months after the day on which the last entry is made, in a place accessible to a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act, and in the case of a paper record, it must be in its original format.

Marginal note:Continuous watch

  •  (1) A vessel that is fitted with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

    • (a) a VHF radio installation;

    • (b) an MF radio installation;

    • (c) an MF/HF radio installation;

    • (d) a NAVTEX receiver or other means that is used to automatically receive maritime safety information for visual display;

    • (e) enhanced group call equipment; and

    • (f) radio equipment capable of transmitting and receiving communications using NBDP.

  • Marginal note:MF/HF radio installation

    (2) A vessel fitted with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Marginal note:Delayed radio transmission

 If, at any time, a radio transmission required to be made under these Regulations is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Marginal note:Radio operator

  •  (1) The master of a vessel or a person authorized by the master to maintain a continuous listening watch or to make a navigation safety call required under this Division must be a radio operator.

  • Marginal note:Obligation to inform

    (2) If the person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Marginal note:Steering and sailing rules

 Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manoeuvres that contravene the steering and sailing rules of those Regulations.

Marginal note:Continuous listening watch

  •  (1) Every vessel that is required under section 204 to be fitted with a VHF radio installation must maintain a continuous listening watch during the period beginning 15 minutes before the vessel is underway and ending when the vessel is

    • (a) securely anchored, moored or made fast to the shore or secured to the bottom; and

    • (b) in a place where its presence does not constitute a hazard to passing vessels.

  • Marginal note:VHF channel

    (2) A VHF radio installation, referred to in subsection (1), on board a vessel described in column 1 of Schedule 4 must be set to the appropriate VHF channel set out in column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

  • Marginal note:Interrupted watch

    (3) If a vessel is not fitted with an additional VHF radio installation, the continuous listening watch referred to in subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.

Marginal note:Navigation safety call

  •  (1) Every vessel that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4, other than a dredge or floating plant, must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel, under the following circumstances:

    • (a) a risk of collision with another vessel exists under the provisions of the Collision Regulations that apply in the area being navigated by the vessel;

    • (b) the navigation safety call of another vessel indicates that a close-quarters situation may develop;

    • (c) the vessel is in a narrow channel or fairway and is about to overtake another vessel, or be overtaken by another vessel;

    • (d) doubt exists as to the actions or the intentions of another vessel;

    • (e) the vessel is nearing a bend in a river, channel or fairway or an obstruction around which an approaching vessel cannot adequately be seen;

    • (f) the vessel is approaching, in restricted visibility, a charted route, including a ferry route, or a concentration of vessels;

    • (g) the vessel will commence a manoeuvre that could impede the safe navigation of other vessels;

    • (h) the vessel is engaged in fishing with nets, lines, trawls, trolling lines or other apparatus, or is a vessel restricted in its ability to manoeuvre in or near a routing system and is being approached by another vessel, other than a vessel engaged in fishing;

    • (i) the vessel is approaching a dredge or floating plant in or near a river, channel or fairway;

    • (j) the vessel will depart from a berth, anchorage, mooring area, booming ground, dredge or floating plant; and

    • (k) under any other circumstance when a navigation safety call is necessary for the safe navigation of the vessel or any other vessel.

  • Marginal note:Call — paragraph (1)(j)

    (2) The navigation safety call required under the circumstances specified in paragraph (1)(j) must be made 15 minutes before and again immediately before departure from the berth, anchorage, mooring area, booming ground, dredge or floating plant.

  • Marginal note:Content of call

    (3) The navigation safety call must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

    • (a) the identity of the vessel;

    • (b) the location of the vessel;

    • (c) the intended course of action;

    • (d) the present course and speed of the vessel; and

    • (e) whether the vessel is

      • (i) engaged in a towing operation,

      • (ii) not under command,

      • (iii) restricted in its ability to manoeuvre,

      • (iv) engaged in fishing, other than trolling,

      • (v) severely restricted in its ability to deviate from the course it is following because of its draft in relation to the available depth of water,

      • (vi) engaged in pilotage duty,

      • (vii) at anchor, or

      • (viii) aground.

  • Marginal note:Exception

    (4) A vessel is not required to make a navigation safety call in the circumstances described in paragraph (1)(i) or (j) if the vessel

    • (a) is a towboat and is manoeuvring in or around any berth, anchorage, mooring area, booming ground, dredge or floating plant and the vessel

      • (i) manoeuvres in such a manner that it will not impede the safe navigation of other vessels, and

      • (ii) makes a navigation safety call 15 minutes before its final departure from that berth, anchorage, mooring area, booming ground, dredge or floating plant; or

    • (b) is reporting to a traffic centre.

  • Marginal note:Call power — Great Lakes Basin

    (5) The transmission power of a navigation safety call on Channel 13 within the Great Lakes Basin must not exceed 1 W except in the following cases when that power must not exceed 25 W:

    • (a) in the case of an emergency;

    • (b) the vessel being called to does not respond to a second call at a transmission power of 1 W or less; or

    • (c) a broadcast in blind situations such as when the vessel is rounding a bend in a channel.

  • Marginal note:Definition of vessel restricted in its ability to manoeuvre

    (6) For the purposes of subsections (1) and (3), vessel restricted in its ability to manoeuvre has the meaning assigned by the definition vessel restricted in her ability to manoeuvre in Rule 3(g) of Schedule 1 to the Collision Regulations.

Marginal note:Dredges and floating plants

  •  (1) Every dredge or floating plant that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4 must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel under the following circumstances:

    • (a) when approached by another vessel not engaged in an operation related to the dredge or floating plant;

    • (b) when requested to do so by another vessel; and

    • (c) under any other circumstance in which it is necessary for the safety of the dredge or floating plant or the safe navigation of any other vessel.

  • Marginal note:Content of call

    (2) A navigation safety call referred to in subsection (1) must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

    • (a) the identity of the dredge or floating plant;

    • (b) its location; and

    • (c) in the case of a dredge or floating plant that is on a river, channel or fairway, to the extent possible, whether any part of the river, channel or fairway is obstructed and, if so, the side on which the obstruction exists and the side on which another vessel may pass.

  • Marginal note:Exception

    (3) A dredge or floating plant is not required to make a navigation safety call in the circumstances described in paragraph (1)(a) if it is reporting to a traffic centre.

[255 to 299 reserved]

PART 3Limitations and Prohibitions

General

Marginal note:Definitions

 The following definitions apply in this Part.

Assistant Commissioner

Assistant Commissioner means the Assistant Commissioner for the Central and Arctic Region, Department of Fisheries and Oceans. (commissaire adjoint)

Burlington Canal

Burlington Canal means the canal that links Lake Ontario and Hamilton Harbour. (canal de Burlington)

Captain of the Port

Captain of the Port means the Captain of the Port for the United States Coast Guard at Detroit, Michigan. (capitaine de port)

District Commander

District Commander means the commander of the 9th District of the United States Coast Guard. (commandant du district)

DIVISION 1Anchorage

Marginal note:Prohibited waters

 It is prohibited for a vessel to anchor within the waters described in Schedule 5.

 
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