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St. Clair and Detroit River Navigation Safety Regulations (SOR/84-335)

Regulations are current to 2020-03-19 and last amended on 2007-07-01. Previous Versions

St. Clair and Detroit River Navigation Safety Regulations

SOR/84-335

CANADA SHIPPING ACT, 2001

Registration 1984-04-19

Regulations Respecting Navigation Safety on the Waters of the Great Lakes from Lake Huron to Lake Erie

P.C. 1984-1383 1984-04-18

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 635 of the Canada Shipping Act, is pleased hereby to revoke the St. Clair and Detroit River Vessel Speed Regulations, C.R.C., c. 1469, and, pursuant to sections 635 and 730Footnote * of the said Act, to make the annexed Regulations respecting navigation safety on the waters of the Great Lakes from Lake Huron to Lake Erie, effective on April 30, 1984.

Short Title

 These Regulations may be cited as the St. Clair and Detroit River Navigation Safety Regulations.

Interpretation

 In these Regulations,

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 District Commander for the Ninth United States Coast Guard District; (commandant du district)

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)

Harbour Master

Harbour Master means the harbour master appointed for the Windsor harbour; (maître de port)

knot

knot means one nautical mile per hour over the ground; (noeud)

length

length, in respect of a ship, means the overall length of the ship; (longueur)

mile

mile means the international nautical mile of 1 852 metres; (mille)

Regional Director General

Regional Director General means the Regional Director General for the Central Region, Canadian Coast Guard, Department of Transport; (directeur général régional)

SARNIA TRAFFIC

SARNIA TRAFFIC means the Canadian Coast Guard traffic centre at Sarnia, Ontario. (SARNIA TRAFFIC)

  • SOR/94-130, s. 1

Application

  •  (1) Subject to subsections (2), (3) and (4), these Regulations apply to

    • (a) all ships in the Canadian waters, and

    • (b) all Canadian ships in the United States’ waters of the lakes and rivers between buoys “1” of the East and West Outer Channels at the Lake Erie entrance to the Detroit River and Lake Huron Cut Lighted Buoy “11” and including the Rouge River and Short Cut Canal from Detroit Edison Cell Light “1” to the head of navigation.

  • (2) Sections 5 to 7 apply to every ship that is required by the Ship Station (Radio) Regulations, 1999 to be fitted with a VHF radiotelephone.

  • (3) Section 12 applies to

    • (a) power-driven ships of 55 metres or more in length;

    • (b) ships of 20 metres or more in length propelled wholly by sails and not being propelled by mechanical means;

    • (c) vessels engaged in towing another vessel astern, alongside or by pushing ahead; and

    • (d) floating plants.

  • (4) Sections 10, 11 and 12 do not apply to a ship that is

    • (a) owned by or in the service of the government of Canada or the United States and that is engaged in icebreaking, search and rescue or servicing aids to navigation; or

    • (b) engaged in river or harbour improvements, where other ships have been warned of those operations and where that ship is operated in a safe and prudent manner.

  • SOR/94-130, s. 2
  • SOR/2000-264, s. 3

Conflict

 In the event of any inconsistency between these Regulations and the laws of the United States, the laws of the United States prevail to the extent of the inconsistency in respect of a Canadian ship while it is in United States’ waters.

Listening Watch

 Every ship shall maintain a continuous listening watch on

  • (a) channel 11 between Lake Huron Cut Lighted Buoy “11” and Lake St. Clair Light; and

  • (b) channel 12 between Lake St. Clair Light and Detroit River Light.

Traffic Reports

 Every ship shall, at the locations or the time specified in an item of Column I of the schedule when the ship is proceeding in any direction specified in Column II of that item, make a traffic report to SARNIA TRAFFIC on the channel on which it is required to maintain a continuous listening watch, indicating its

  • (a) identity;

  • (b) location;

  • (c) intended course of action; and

  • (d) estimated time of arrival at the next location referred to in Column I of the schedule.

Additional Traffic Reports

  •  (1) Subject to subsection (2), every ship shall report to SARNIA TRAFFIC

    • (a) when departing from any dock, mooring or anchorage in waters referred to in subsection 3(1), unless the ship is moving within the Rouge River and Short Cut Canal or is a ferry making regular voyages;

    • (b) before manoeuvring to come about;

    • (c) when entering waters referred to in subsection 3(1) and shall give

      • (i) estimated time of arrival at its dock, mooring or anchorage, if intending to stop within the area,

      • (ii) draft and local agent if the ship is not registered in Canada or the United States;

    • (d) where the ship has an accident or a malfunction of its machinery or equipment that may impair its safe navigation;

    • (e) where there is an obstruction or other hazard in the channel; and

    • (f) in the case of a towing ship, where the towing ship is having difficulty controlling its tow.

  • (2) The reports required by paragraphs (1)(e) and (f) are not required if the information has been promulgated by a Notice to Shipping or by a Notice to Mariners.

  • SOR/86-541, s. 1

Exceptions

 The reports required by sections 6 and 7 are not required when a ship’s radiotelephone installation is not in working condition.

Navigation Rules

 No person shall navigate or operate any ship in a manner that is dangerous to any person, that ship, or any other vessel, having regard to all the circumstances, including the nature and condition of the waters being navigated and the use that is or might reasonably be expected to be made of those waters.

 In the Detroit River,

  • (a) the West Outer Channel is restricted to downbound ships;

  • (b) the Amherstburg Channel east of Bois Blanc Island is restricted to upbound ships except where the Regional Director General has authorized a ship to proceed downbound;

  • (c) the Livingstone Channel west of Bois Blanc Island is restricted to downbound ships; and

  • (d) between Bar Point Pier Light “D33” and Fighting Island South Light, no ship shall overtake another ship if those ships will meet another ship proceeding in the opposite direction while the overtaking is taking place.

  • SOR/86-541, s. 2
  • SOR/94-130, s. 3(F)

 A ship shall not overtake another ship

  • (a) except a ship engaged in towing, in the

    • (i) Detroit River between the west end of Belle Isle and Peach Island Light, and

    • (ii) St. Clair River between St. Clair Flats Canal Light “2” and Russell Island Light “33”; and

  • (b) in the Rouge River.

 The waters between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” constitute an area of alternating one-way traffic and

  • (a) no ship may in that area

    • (i) overtake another ship,

    • (ii) meet another ship, or

    • (iii) come about;

  • (b) no moored ship may get underway until it is able to proceed through those waters without passing or being passed by another ship; and

  • (c) a downbound ship that has reached Lake Huron Cut Light “7” has the right-of-way over an upbound ship that has not yet reached the St. Clair/Black River Junction Light, and an upbound ship awaiting the transit of a downbound ship shall wait its turn below the St. Clair/Black River Junction Light.

  • SOR/86-541, s. 3
  • SOR/88-102, s. 1
 
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