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Vessel Safety Certificates Regulations (SOR/2021-135)

Regulations are current to 2024-02-06 and last amended on 2021-06-23. Previous Versions

Vessel Safety Certificates Regulations

SOR/2021-135

CANADA SHIPPING ACT, 2001

Registration 2021-06-10

Vessel Safety Certificates Regulations

P.C. 2021-532 2021-06-10

Whereas the annexed Vessel Safety Certificates Regulations set out an amendment to the Navigation Safety Regulations, 2020, which establishes 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 Convention, and the Administrator in Council is satisfied that those standards meet the objectives of the Convention and Protocol;

Therefore, His Excellency the Administrator of the Government of Canada 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 21 to 27, on the recommendation of the Minister of National Revenue with respect to that section 21, of the Minister of Labour with respect to those sections 22 to 24 and of the Minister of Transport with respect to those sections 25 to 27, makes the annexed Vessel Safety Certificates Regulations pursuant to

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

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

inland voyage

inland voyage means a voyage that is not a sheltered waters voyage and is

  • (a) on the inland waters of Canada; or

  • (b) on the inland waters of Canada together with any part of a lake or river forming part of the inland waters of Canada that lies within the United States, or on Lake Michigan. (voyage en eaux internes)

inland waters of Canada

inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

  • (a) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and

  • (b) from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. (eaux internes du Canada)

Minister

Minister means the Minister of Transport. (ministre)

near coastal voyage, Class 1

near coastal voyage, Class 1 means a voyage

  • (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2;

  • (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and

  • (c) during which a vessel is always

    • (i) north of latitude 6°N, and

    • (ii) 200 nautical miles or less from shore or above the continental shelf. (voyage à proximité du littoral, classe 1)

near coastal voyage, Class 2

near coastal voyage, Class 2 means a voyage

  • (a) that is not a sheltered waters voyage or an inland voyage; and

  • (b) during which a vessel is always

    • (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and

    • (ii) 100 nautical miles or less from a place of refuge. (voyage à proximité du littoral, classe 2)

sheltered waters voyage

sheltered waters voyage means a voyage that is

  • (a) in Canada on a river above tidal waters or on a lake, where it is impossible for a vessel to be more than 2.5 nautical miles from the closest shore;

  • (b) on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or

  • (c) made by a ferry between two or more points listed in column 1 of Schedule 2 during the period specified in column 2. (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, as amended from time to time. (SOLAS)

unlimited voyage

unlimited voyage means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité)

Marginal note:Interpretation

  •  (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations,

    • (a) “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation;

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

    • (c) “ship” is to be read as “vessel”; and

    • (d) “survey” is to be read as “inspection”.

  • Marginal note:Inconsistency

    (2) In the event of an inconsistency between a provision in SOLAS and a provision in these Regulations, the provision in these Regulations prevails to the extent of the inconsistency.

Application and Prescribed Class

Marginal note:Canadian vessels and foreign vessels

  •  (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

  • Marginal note:Activities relating to oil or gas

    (2) These Regulations apply 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.

Marginal note:Prescribed class — section 119 of the Act

 A Canadian vessel in respect of which these Regulations apply is a vessel of a prescribed class for the purposes of section 119 of the Act.

PART 1Canadian Vessels

DIVISION 1Safety Convention Vessels

Marginal note:Application

 This Division applies in respect of Canadian vessels that are Safety Convention vessels.

Marginal note:Safety certificate

 A vessel must hold the applicable safety certificates issued under section 7 to engage on a voyage.

Marginal note:Issuance of safety certificate

  •  (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates referred to in SOLAS to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

    • (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels;

    • (b) watertight subdivision arrangements and details;

    • (c) subdivision load lines;

    • (d) structural fire protection, fire safety systems and appliances and fire control plans;

    • (e) life-saving appliances and equipment for lifeboats, life rafts and rescue boats;

    • (f) line-throwing appliances and radio installations used in life-saving appliances;

    • (g) radio installations;

    • (h) shipborne navigational equipment, means of embarkation for pilots, and nautical charts and publications; and

    • (i) lights, shapes and means of making distress and sound signals.

  • Marginal note:Inspections and endorsements

    (2) The authorized representative of a vessel that holds a safety certificate must ensure that

    • (a) the vessel undergoes all inspections required in respect of the applicable certificate under Part B of Chapter I of SOLAS; and

    • (b) if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed by the Minister, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met.

Marginal note:Exemption certificate

 On application by the authorized representative of a vessel, the Minister must issue an exemption certificate to the vessel if an exemption has been granted by the Marine Technical Review Board in accordance with section 28 of the Act in respect of the requirements that must be met for the issuance of a safety certificate under section 7.

Marginal note:Continuous synopsis record

  •  (1) On application by the authorized representative of a vessel for a continuous synopsis record referred to in Regulation 5 of Chapter XI-1 of SOLAS, the Minister must issue the record to the vessel in accordance with that Regulation.

  • Marginal note:Required information in application

    (2) The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS.

  • Marginal note:Update to information

    (3) If there is a change that affects the information that is contained in the continuous synopsis record, the authorized representative must, as soon as feasible,

    • (a) inform the Minister in writing of the change;

    • (b) submit a new application for an updated version of the continuous synopsis record; and

    • (c) in respect of the information referred to in Regulations 5.3.4 to 5.3.12 of Chapter XI-1 of SOLAS, amend the continuous synopsis record to reflect the change.

  • Marginal note:Prohibition from altering continuous synopsis record

    (4) Subject to paragraph (3)(c), the authorized representative must ensure that the continuous synopsis record is not altered or defaced and that any information contained in it is not modified or removed.

  • Marginal note:Vessel transferred — continuous synopsis record on board

    (5) The authorized representative must ensure that the continuous synopsis record is left on board when the vessel is transferred to the flag of another state, is sold or another company assumes the responsibility for its operation.

  • Marginal note:Vessel transferred — information to Minister

    (6) If a vessel is transferred to the flag of another state, the authorized representative must, as soon as feasible after the transfer, inform the Minister of the name of the state to allow the Minister to forward to that state a copy of each continuous synopsis record issued by the Minister to that vessel.

Marginal note:Responsibilities of authorized representative

 The authorized representative of a vessel that holds a safety certificate must ensure that

  • (a) all safety certificates that are required by section 6 are kept on board;

  • (b) any document that is required to be attached to the certificates under SOLAS and the regulations made under Part 4 of the Act is kept on board;

  • (c) any exemption certificate that is referred to in section 8 is kept on board; and

  • (d) if the authorized representative has applied for an updated continuous synopsis record under paragraph 9(3)(b) and the authorized representative has not yet received the updated record, a copy of the application is kept on board.

DIVISION 2Vessels that are not Safety Convention Vessels

Marginal note:Application

  •  (1) This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels:

    • (a) vessels of 15 gross tonnage or less that carry more than 12 passengers; and

    • (b) vessels of more than 15 gross tonnage.

  • Marginal note:Non-application

    (2) This Division does not apply in respect of

    • (a) pleasure craft;

    • (b) vessels to which the Special-purpose Vessel Regulations apply;

    • (c) human-powered vessels; or

    • (d) a vessel that does not have a mechanical means of propulsion and does not carry persons, dangerous chemicals in bulk or oil in bulk on board.

  • Marginal note:Definition of dangerous chemical

    (3) For the purposes of paragraph (2)(d), dangerous chemical has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations.

Marginal note:Safety certificate

 A vessel must hold the applicable safety certificates issued under section 13 to engage on a voyage.

Marginal note:Issuance of safety certificate

  •  (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

    • (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels;

    • (b) watertight subdivision arrangements and details;

    • (c) subdivision load lines;

    • (d) structural fire protection, fire safety systems and appliances and fire control plans;

    • (e) life-saving appliances and equipment for lifeboats, life rafts and rescue boats;

    • (f) line-throwing appliances and radio installations used in life-saving appliances;

    • (g) shipborne navigational equipment, means of embarkation for pilots, and nautical charts and publications; and

    • (h) lights, shapes and means of making distress and sound signals.

  • Marginal note:Inspections and endorsements

    (2) The authorized representative of a vessel that holds a safety certificate that is valid for more than one year must ensure that

    • (a) the vessel is inspected no later than a date that is

      • (i) determined by the Minister after considering the vessel’s type and size and the class of voyage on which the vessel may engage, and

      • (ii) indicated on the certificate at the time it is issued; and

    • (b) the certificate is endorsed by the Minister following the inspection to indicate that the requirements for the issuance of the certificate continue to be met.

Marginal note:Inland voyage safety certificate

  •  (1) A vessel that holds a safety certificate for an inland voyage may also engage on a sheltered waters voyage that is within the waters described in paragraphs (a) and (b) of the definition inland voyage.

  • Marginal note:Near coastal voyage, Class 2 safety certificate

    (2) A vessel that holds a safety certificate for a near coastal voyage, Class 2 may also engage on a sheltered waters voyage and an inland voyage.

  • Marginal note:Near coastal voyage, Class 1 safety certificate

    (3) A vessel that holds a safety certificate for a near coastal voyage, Class 1 may also engage on

    • (a) a sheltered waters voyage;

    • (b) an inland voyage; and

    • (c) a near coastal voyage, Class 2.

  • Marginal note:Unlimited voyage safety certificate

    (4) A vessel that holds a safety certificate for an unlimited voyage may also engage on

    • (a) a sheltered waters voyage;

    • (b) an inland voyage;

    • (c) a near coastal voyage, Class 2; and

    • (d) a near coastal voyage, Class 1.

Marginal note:Responsibilities of authorized representative

 The authorized representative of a vessel that holds a safety certificate must ensure that

  • (a) all safety certificates that are required by section 12 are kept on board; and

  • (b) any document that is required to be attached to the certificates under the regulations made under Part 4 of the Act is kept on board.

 

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