Load Line Regulations

Load Line Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d) and 120(1)(h) of the Canada Shipping Act, 2001a, hereby makes the annexed Load Line Regulations. S.C. 2001, c. 26 The following definitions apply in these Regulations. 1966 Convention means the International Convention on Load Lines, 1966. (Convention de 1966) Act means the Canada Shipping Act, 2001. (Loi) Board means the Marine Technical Review Board established under section 26 of the Act. (Bureau) classification society means the American Bureau of Shipping, Bureau Veritas, Det Norske Veritas, Lloyd’s Register of Shipping, Germanischer Lloyd, Registro Italiano Navale and Nippon Kaiji Kyokai. (société de classification) Convention means the International Convention on Load Lines, 1966, as modified by the Protocol. (Convention) domestic voyage means a voyage that is from a place in Canada to another place in Canada. (voyage intérieur) freeboard deck in respect of a vessel, means the vessel’s uppermost complete deck that is exposed to weather and sea and has permanent means of closing all openings in its exposed parts, and below which all openings in the shell of the vessel are fitted with permanent means of watertight closing; or a permanent deck that is lower than the deck referred to in paragraph (a), is continuous in a fore and aft direction at least between the machinery space and peak bulkheads and continuous athwartships if the vessel’s owner requests that lower deck. (pont de franc-bord) HSC Code means the International Code of Safety for High Speed Craft, 2000, (2000 HSC CODE), published by the IMO, as amended from time to time. (recueil HSC) IMO means the International Maritime Organization. (OMI) inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes) inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada) Minister means the Minister of Transport. (ministre) open-hopper dredge means a self-propelled dredge with an open hold or hopper in the hull that receives dredged material and is fitted with bottom doors that can quickly jettison the dredged material. (marie-salope) place means a port; or any vessel or place that is used for loading or unloading vessels. (lieu) Protocol means the 1988 Protocol relating to the International Convention on Load lines, 1966, as amended on January 1, 2005. (Protocole) sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées) superstructure means a decked structure on the freeboard deck of a vessel extending from side to side of the vessel or with the side plating not being more than four per cent of the breadth inboard of the shell plating, and includes that part of the hull extending above the freeboard deck if the freeboard deck is a lower deck. (superstructure) watertight means designed to withstand a static head of water without any leakage. (étanche à l’eau) For the purpose of these Regulations, a vessel is constructed on the earliest of the day on which its keel is laid, the day on which construction identifiable with a specific vessel begins, and the day on which assembly of the vessel reaches the lesser of 50 tonnes and one per cent of the estimated mass of all structural material. Subject to subsection (4), for the purpose of these Regulations, every reference to “Administration” in a document incorporated by reference in these Regulations means in the case of a Canadian vessel, the Minister; and in the case of a foreign vessel, the government of the state whose flag the vessel is entitled to fly. For the purpose of these Regulations, every reference to “Administration” in articles 6 and 8 of the 1966 Convention or the Convention means, in the case of a Canadian vessel, the Board. For the purpose of interpreting a document incorporated by reference in these Regulations, “should” shall be read to mean “shall”. The following definitions apply in this Part. amidships means the middle of the length of a vessel. (milieu du bâtiment) deck line means a horizontal line that is 300 mm long and 25 mm wide marked amidships on the outer surface of the shell on each side of the vessel. (ligne de pont) existing vessel means a vessel that is not a new vessel. (bâtiment existant) international voyage means a voyage, other than an inland voyage, between a place in Canada and a place not in Canada or between places not in Canada. (voyage international) length in respect of a new vessel, has the same meaning as in article 2(8) of Annex A to the Convention; and in respect of an existing vessel, has the same meaning as in subsection 1(2) of Schedule I to the Rules. (longueur) new vessel means a Canadian vessel that was constructed on or after April 14, 1970 and is engaged on an international voyage, that was constructed on or after April 14, 1973 and is not engaged on an international voyage, or that was constructed before April 14, 1970 and is engaged on an international voyage, or that was constructed before April 14, 1973 and is not engaged on an international voyage, if the authorized representative makes a request in writing to the Minister for the vessel to be assigned freeboards as a new vessel; or a foreign vessel that was constructed on or after the date on which the 1966 Convention came into force in the state whose flag the vessel is entitled to fly. (bâtiment neuf) North American Great Lakes Zone means Lake Ontario, Lake Erie, Lake Huron (including Georgian Bay), Lake Michigan and Lake Superior, the waters connecting those lakes, the St. Lawrence Seaway and the St. Lawrence River west of the Victoria Bridge in Montréal. (zone des Grands Lacs de l’Amérique du Nord) Rules means the General Load Line Rules, C.R.C., c. 1425, as they read on January 1, 2006. (Règles) sailing vessel means a vessel that has sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion. (voilier) St. Lawrence River Seasonal Area means that part of the St. Lawrence River bounded by the Victoria Bridge in Montréal, a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island, and a line drawn along the meridian of longitude 63°W from Anticosti Island to the north shore of the St. Lawrence River. (région saisonnière du fleuve Saint-Laurent) tanker means a vessel specially constructed for the carriage of liquid cargoes in bulk. (bâtiment-citerne) timber deck cargo means a cargo of timber carried on an uncovered part of a freeboard deck or superstructure deck. (chargement de bois en pontée) West Coast Treaty Zone means the waters of Puget Sound in the State of Washington; the waters lying between Vancouver Island and the mainland and east of a line from a point one nautical mile west of the city limits of Port Angeles in the State of Washington to Race Rocks on Vancouver Island and of a line from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia; the waters lying east of a line from Cape Calvert to Duke Point on Duke Island in the State of Alaska; the waters lying north of Duke Island and east of Prince of Wales Island, Baranof Island and Chichagof Island in the State of Alaska; the waters of Peril, Neva and Olga Straits as far south as Sitka in the State of Alaska; and the waters lying east of a line from Port Althorp on Chichagof Island to Cape Spencer in the State of Alaska. (zone d’application du Traité — côte ouest) Subject to subsection (2), this Part applies in respect of Canadian vessels everywhere and foreign vessels in Canadian waters. This Part does not apply in respect of pleasure craft; vessels ordinarily engaged in catching, attempting to catch or harvesting fish, whales, seals, walrus or other living resources of the sea; high-speed craft that have been certified in accordance with the HSC Code and meet the requirements of that Code; new vessels of less than 24 m in length; existing vessels of less than 150 gross tonnage; vessels that are engaged on a voyage solely within the limits of the inland waters of Canada or an inland voyage and holding a certificate issued under Part 2 or similar load line regulations made under the laws of the United States, a sheltered waters voyage, or a domestic voyage, if the vessels are not carrying passengers or cargo; Canadian vessels or vessels registered in the United States that are engaged on an international voyage wholly within the West Coast Treaty Zone; new vessels that do not have means of self-propulsion that are engaged on a domestic voyage wholly within the West Coast Treaty Zone and are not carrying oil as cargo or passengers, or are engaged on a domestic voyage outside the West Coast Treaty Zone and are not carrying oil as cargo, passengers or crew; or existing vessels that do not have means of self-propulsion, are engaged on a domestic voyage and are not carrying passengers or crew. Despite paragraphs 3(2)(f) and (g), a vessel that is constructed or converted for the purpose of towing on or after the day on which the Vessel Construction and Equipment Regulations come into force and that is engaged on a voyage beyond the limits of an inland voyage shall meet the conditions of assignment set out in Chapter II of Annex I of Annex B of Part 3 of the Convention. Despite paragraphs 3(2)(f) to (i), a vessel that is constructed on or after the day on which the Vessel Construction and Equipment Regulations come into force, that carries at least one person and that is engaged on a voyage beyond the limits of an inland voyage shall comply with regulations 24 and 25 of Chapter II of Annex I of Annex B of Part 3 of the Convention. No Canadian vessel shall depart on a domestic voyage unless it holds an International Load Line Certificate, a Local Load Line Certificate or an International Load Line Exemption Certificate issued under section 5; and is marked in accordance with the certificate. No Canadian vessel shall depart on an international voyage unless it holds an International Load Line Certificate or an International Load Line Exemption Certificate issued under section 5; and No foreign vessel shall depart from a place in Canada unless it holds an International Load Line Certificate or an International Load Line Exemption Certificate issued by the government of the state whose flag the vessel is entitled to fly or, at the request of that government, by another government; and On application by the authorized representative of a Canadian vessel that is a new vessel and was constructed before the day on which this section comes into force, the Minister shall issue an International Load Line Certificate to the vessel if the conditions of assignment set out in Chapter II of Annex I to the 1966 Convention are met; the vessel is maintained in accordance with the requirements of a classification society; the vessel has been assigned freeboards that are determined in accordance with Chapter III of Annex I to the 1966 Convention, or if the freeboards determined under subparagraph (i) are not adequate because of the general structural strength of the vessel, are adequate for the general structural strength of the vessel; and the vessel is marked in accordance with Chapter I of Annex I to the 1966 Convention. On application by the authorized representative of a Canadian vessel that is a new vessel and was constructed on or after the day on which this section comes into force, the Minister shall issue an International Load Line Certificate to the vessel if the conditions of assignment set out in Chapter II of Annex I to the Convention are met; are determined in accordance with Chapter III of Annex I to the Convention, or the vessel is marked in accordance with Chapter I of Annex I to the Convention. On application by the authorized representative of a Canadian vessel that is an existing vessel, the Minister shall issue an International Load Line Certificate to the vessel if the conditions of assignment set out in Part I of Schedule I to the Rules are met; the vessel has been assigned freeboards determined in accordance with in the case of a vessel other than a sailing vessel or tanker, Part II of Schedule I to the Rules and, if the vessel is carrying timber deck cargo, Part IV of that Schedule, in the case of a sailing vessel, Part III of Schedule I to the Rules, or in the case of a tanker, Part V of Schedule I to the Rules; and the vessel is marked in accordance with Part VI of Schedule I to the Rules. On application by the authorized representative of a Canadian vessel that is a new vessel, the Minister shall issue a Local Load Line Certificate to the vessel if the intended operation of the vessel provides an equivalent or greater level of safety than one or more of the requirements set out in subsection (1) or (2), as the case may be; and the other requirements set out in subsection (1) or (2), as the case may be, are met. On application by the authorized representative of a Canadian vessel that is an existing vessel, the Minister shall issue a Local Load Line Certificate to the vessel if the intended operation of the vessel provides an equivalent or greater level of safety than one or more of the requirements set out in subsection (3); and the other requirements set out in subsection (3) are met. On application by the authorized representative of a Canadian vessel, the Minister shall issue an International Load Line Exemption Certificate to the vessel if it has been granted an exemption by the Board under section 13 and subject to the terms of that exemption, the requirements of subsection (1), (2) or (3), as the case may be, are met; and any design-, contruction- or equipment-related safety requirements set by the Board under that section are met. A Local Load Line Certificate that is issued to an open-hopper dredge shall include a dredging load line if it has been assigned a dredging freeboard that is 62.5 per cent of the assigned summer freeboard or 150 mm, whichever is greater; and it is marked with the dredging load line placed directly below the deck line so that its upper edge marks the assigned dredging freeboard and the letters “WD” are marked forward of this line. Despite paragraphs (1)(d), (2)(d) and (3)(d), the Minister may issue a certificate if the marking is placed so that the freeboards are greater than those required by paragraph (1)(d), (2)(d) or (3)(d), as the case may be; or in the case of a passenger vessel, it is marked in accordance with the Vessel Construction and Equipment Regulations or paragraph 22(2)(c) of the Hull Construction Regulations, as the case may be. Despite paragraph (6)(b), the Minister may issue a certificate that includes a dredging load line if the dredging load line is placed so that the dredging freeboard is greater than that required by that paragraph. The authorized representative of a vessel that holds an International Load Line Certificate or a Local Load Line Certificate shall ensure that the conditions of assignment that were required to be met for the issuance of the certificate are met and the vessel is maintained in accordance with the requirements of a classification society; the vessel is marked as it was required to be marked for the issuance of the certificate or as it may be marked under subsection 5(7) or (8); the certificate is endorsed as required by the Convention; no material alterations take place in the hull or superstructure of the vessel that would necessitate the assignment of an increased freeboard; and the vessel is operated only as intended, in the case of a Local Load Line Certificate. The authorized representative of a vessel that holds an International Load Line Exemption Certificate shall ensure that the vessel complies with any safety requirements set under article 6(2) or (4) of the 1966 Convention or the Convention or under section 13, as the case may be; the certificate is endorsed as required by the Convention; and no material alterations take place in the hull or superstructure of the vessel that would necessitate the assignment of an increased freeboard. The seasonal zones, areas and periods set out in Annex II to the Convention apply for the purpose of determining the applicable load line when a new vessel is in one of those zones or areas. When a new vessel is engaged on a voyage set out in column 1 of the table to this subsection during a period set out in column 2, the seasonal period set out in column 3 applies for the purpose of determining the applicable load line. The seasonal zones, areas and periods set out in Schedule III or IV, whichever is applicable, of the Rules apply for the purpose of determining the applicable load line when an existing vessel is in one of those zones or areas. A port standing on the boundary line between two zones or two areas is considered to be in the zone or area from which a vessel departs or into which a vessel arrives, as the case may be. When a vessel is in fresh water of a specific gravity of 1.0, the applicable load line is adjusted by the fresh water allowance that is specified in the vessel’s load line certificate and determined in accordance with the 1966 Convention, the Convention or the Rules, as the case may be. However, if the vessel is in water of a specific gravity that is greater than 1.0 but less than 1.025, the applicable load line is adjusted by the following formula: equals the actual specific gravity; and equals the fresh water allowance. Subsection (1) does not apply in respect of a new vessel that is in the North American Great Lakes Zone; or an existing vessel that is in the North American Great Lakes Zone during the period starting on September 16 in any year and ending on April 30 in the next year. When a vessel departs from a place situated on a river or on inland waters to the sea, the applicable load line is raised to a level that accounts for the weight of fuel and all other materials required for consumption between the point of departure and the sea. Subsection (3) does not apply in respect of a vessel that is in the North American Great Lakes Zone; or is in the St. Lawrence River Seasonal Area, if the vessel is engaged on a voyage wholly within the limits of the North American Great Lakes Zone and the St. Lawrence River Seasonal Area. The dredging load line on an open-hopper dredge is the applicable load line when the dredge is operating not more than 20 nautical miles from the mouth of a harbour of safe refuge; the height of waves in the area of operation is not more than 3 m or the wind velocity in the area is not more than 65 km/h; and the dredge is carrying dredged material with a specific gravity that is not greater than the highest specific gravity of dredged material that the dredge is designed to dredge. The provisions of the 1966 Convention and the Convention relating to timber load lines do not apply in respect of any vessel that is in the North American Great Lakes Zone or that is engaged on a voyage wholly within the limits of the North American Great Lakes Zone and the St. Lawrence River Seasonal Area. The authorized representative of a Canadian vessel that holds an International Load Line Certificate, a Local Load Line Certificate or an International Load Line Exemption Certificate shall ensure that it is framed and posted in a conspicuous place on board the vessel. The master of a Canadian vessel that holds an International Load Line Certificate, a Local Load Line Certificate or an International Load Line Exemption Certificate shall, before leaving a place to proceed on an international voyage, post the particulars of the draughts and freeboards in a conspicuous place on board the vessel and keep them legible until the vessel arrives at another place. The Board may exercise the powers conferred on the Administration by articles 6 and 8 of the 1966 Convention or the Convention, as the case may be. (1) The following definitions apply in this Part. length or L in respect of a new vessel, means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that is greater, except that, in vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline; and in respect of an existing vessel, has the same meaning as in subsection 1(2) of Schedule I to the Rules. (longueur ou L) moulded depth means the vertical distance measured from the top of the freeboard deck beam at side to the top of the keel, in the case of a vessel that is not of metal construction, to the lower edge of the keel rabbet, or in the case of a vessel that is fitted with thick garboards or a structure other than a flat plate keel, to the point where a line extending the flat of the bottom continued inwards would cut the side of the keel; in the case of a vessel that has rounded gunwales, from the point where the moulded lines of the deck and shell would intersect if the gunwale were right-angled to the point described in subparagraph (a)(i), (ii) or (iii), as the case may be; or in the case of a vessel that has a stepped freeboard deck, from a line extending from the lower part of the freeboard deck along a line parallel to the higher part of the freeboard deck to the point described in subparagraph (a)(i), (ii) or (iii), as the case may be. (creux sur quille) new vessel means a vessel that is 24 m or more in length that was constructed on or after April 14, 1973; or that was constructed as a Canadian vessel before the date referred to in paragraph (a), if the vessel’s authorized representative makes a request in writing to the Minister for the vessel to be assigned freeboards as a new vessel. (bâtiment neuf) Rules means the Load Line Rules for Lakes and Rivers, C.R.C., c. 1442, as they read on January 1, 2006. (Règles) Subject to subsections (2) and (3), this Part applies in respect of Canadian vessels and foreign vessels that are engaged on a voyage solely within the limits of the inland waters of Canada and Canadian vessels that are engaged on an inland voyage. [Repealed, SOR/2013-235, s. 17] vessels that hold an International Load Line Certificate, a Local Load Line Certificate or an International Load Line Exemption Certificate; new vessels that do not have means of self-propulsion, are engaged on a domestic voyage and are not carrying passengers, crew or oil as cargo; or Section 17 does not apply in respect of vessels that hold a load line certificate issued under Title 46, chapter I, part 45 of the Code of Federal Regulations of the United States, as amended from time to time. Despite paragraph 15(2)(g), a vessel that is constructed or converted for the purpose of towing on or after the day on which the Vessel Construction and Equipment Regulations come into force and that is engaged on an inland voyage shall meet the conditions of assignment set out in Schedule 1. Despite paragraphs 15(2)(g) to (i), a vessel that is constructed on or after the day on which the Vessel Construction and Equipment Regulations come into force, that carries at least one person and that is engaged on an inland voyage shall comply with sections 11 and 13 of Schedule 1. No vessel shall depart from a place in Canada and no Canadian vessel shall depart from a place outside Canada unless it holds a Great Lakes and Inland Waters of Canada Load Line Certificate issued under section 17, or a load line certificate issued under Title 46, chapter I, part 45 of the Code of Federal Regulations of the United States, as amended from time to time; and On application by the authorized representative of a new vessel, the Minister shall issue a Great Lakes and Inland Waters of Canada Load Line Certificate to the vessel if the conditions of assignment set out in Schedule 1 are met; are determined in accordance with Schedule 2, or the vessel is marked in accordance with Schedule 3. On application by the authorized representative of an existing vessel, the Minister shall issue a Great Lakes and Inland Waters of Canada Load Line Certificate to the vessel if the vessel has been assigned freeboards determined in accordance with Part II, III or IV of Schedule I to the Rules; and the vessel is marked in accordance with Part V of Schedule I to the Rules. Despite paragraphs (1)(d) and (2)(d), the Minister may issue a certificate if the marking on the vessel is placed so that the freeboard is greater than that required by paragraph (1)(d) or (2)(d), as the case may be; or in the case of a passenger vessel, it is marked in accordance with the Vessel Construction and Equipment Regulations or subsection 37(2) of the Hull Construction Regulations, as the case may be. The authorized representative of a vessel that holds a Great Lakes and Inland Waters of Canada Load Line Certificate shall ensure that the conditions of assignment set out in Part I of Schedule I to the Rules or in Schedule 1, as the case may be, are met; the vessel is marked as it was required to be marked for the issuance of the certificate or as it may be marked under subsection 17(3); within three months of each anniversary date of its issuance, the certificate is endorsed by the Minister as meeting the requirements set out in paragraphs (a) to (d). The following seasonal periods apply for the purpose of determining the applicable load line when a vessel is on the inland waters of Canada: the midsummer season is the period beginning on May 1 and ending on September 15; the summer seasons are the periods beginning on April 16 and ending on April 30 and beginning on September 16 and ending on September 30; the intermediate seasons are the periods beginning on April 1 and ending on April 15 and beginning on October 1 and ending on October 31; and the winter season is the period beginning on November 1 in one year and ending on March 31 in the next year. The authorized representative of a vessel that holds a Great Lakes and Inland Waters of Canada Load Line Certificate shall ensure that the certificate is framed and posted in a conspicuous place on board the vessel. [Repeal] These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force. [Note: Regulations in force July 1, 2007, see SI/2007-65.] The following definitions apply in this Schedule. breadth means the maximum breadth of a vessel, measured amidships to in a vessel with metal shell plating, the moulded line of the frame; or in any other case, the outer surface of the shell plating. (largeur) efficiently constructed means designed, constructed and maintained in accordance with the requirements of a classification society. (de construction efficace) enclosed superstructure means a superstructure that is efficiently constructed and weathertight. (superstructure fermée) forward perpendicular means the perpendicular taken at the forward end of the length of a vessel and coinciding with the fore side of the stem on the waterline on which the length is measured. (perpendiculaire avant) height of the superstructure means the least vertical height measured at the side from the top of the superstructure deck beams to the top of the freeboard deck beams. (hauteur de la superstructure) Position 1 means a position exposed to weather and sea on the freeboard deck or a raised quarter-deck; a superstructure deck or a trunk deck forward of a point one-quarter of the vessel’s length from the forward perpendicular; or a trunk deck that is less than standard height above the freeboard deck. (emplacement de la catégorie 1) Position 2 means a position exposed to weather and sea on a superstructure deck aft of a point one-quarter of the vessel’s length from the forward perpendicular; or a trunk deck whose height is equal to or greater than standard height above the freeboard deck and aft of a point one-quarter of the vessel’s length from the forward perpendicular. (emplacement de la catégorie 2) standard height or Hs means 1.80 m + L/300. (hauteur normale ou Hs) standard sheer means standard sheer as determined in accordance with regulation 38(8) of Annex I to the 1966 Convention. (tonture normale) Type A vessel means a vessel in which no cargo ports or similar shell openings are below the freeboard deck; there are only small main deck openings fitted with efficiently constructed watertight hatchway covers; no dimension of a main deck cargo opening is greater than 1.9 m and the total area of each main deck cargo opening does not exceed 1.7 m2; and there are no more than two main deck cargo openings to a single cargo space. (bâtiment du type A) Type B vessel means a vessel that is not a Type A vessel. (bâtiment du type B) weathertight means designed to prevent water from penetrating a vessel in any sea condition. (étanche aux intempéries) A vessel that carries bulk or liquid cargo shall carry the information required by regulation 7.2 of Chapter VI of the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to that Convention, as amended from time to time. Access openings in bulkheads at the ends of enclosed superstructures shall be fitted with efficiently constructed weathertight doors that are permanently attached to the bulkhead so that the whole structure is at least equivalent in strength to a bulkhead with no openings; have means for securing the doors weathertight that are permanently attached to the bulkhead or the doors and are operable from both sides of the bulkhead; and have sills at least 300 mm above the deck. Hatchways shall have efficiently constructed coamings at least 460 mm above the deck, in the case of coamings in Position 1; or at least 300 mm above the deck, in the case of coamings in Position 2. Subsection (1) does not apply if the hatchway is fitted with a watertight cover. Except for open-hopper dredges, hatchways in Position 1 or Position 2 shall be fitted with efficiently constructed weathertight hatchway covers. If weathertight covers on hatchways are made of mild steel, the maximum allowable stress shall be calculated using the following loads: in the case of vessels that are 110 m in length or over, a load not less than 12 kPa on hatchways in Position 1 and not less than 9.6 kPa on hatchways in Position 2; in the case of vessels that are 24 m in length, a load not less than 9.6 kPa on hatchways in Position 1 and not less than 7.2 kPa on hatchways in Position 2; and in the case of vessels of intermediate length, a load obtained by interpolation from the loads referred to in paragraphs (a) and (b). The maximum allowable stress calculated for the loads in subsection (4) shall not exceed the minimum ultimate strength of the material using a safety factor of 4.25. Hatchway covers in Position 1 or Position 2 shall be so designed as to limit deflection to not more than 0.0028 times the span under the loads referred to in subsection (4). Mild steel plating that forms the tops of the covers shall not be thinner than one per cent of the spacing between stiffeners or 6 mm, whichever is greater. Coamings and hatchway covers of exposed hatchways on decks above the superstructure deck shall be efficiently constructed. The strength and stiffness of hatchway covers made of materials other than mild steel shall be at least equivalent to those of mild steel. The means for securing and maintaining the weathertightness of hatchway covers shall be such that the weathertightness can be maintained in any sea conditions. Cargo ports and other similar openings in the shell of a vessel below the freeboard deck shall be fitted with watertight doors that are as strong as the structure to which they are attached. Cargo ports and other similar openings above the freeboard deck shall be fitted with weathertight doors that are as strong as the structure to which they are attached. The lower edges of cargo ports and other similar openings shall not be below a line drawn parallel to the freeboard deck at side that has the upper edge of the uppermost load line at its lowest point. Machinery space openings in Position 1 or Position 2 shall be enclosed by efficiently constructed steel casings. Access openings in the casings required by subsection (1) shall be fitted with efficiently constructed weathertight covers that are permanently attached and operable from both sides of the opening and have their lower edge at least 300 mm above the deck; if the opening is a doorway, meet the requirements set out in section 3; or if the opening is a funnel or machinery space ventilator that needs to be kept open for the essential operation of the vessel, be fitted with a coaming at a height above the deck of at least 3.8 m in Position 1, or 1.8 m in Position 2. If air pipes to tanks extend above the freeboard deck or superstructure decks, the exposed parts of the pipes shall be efficiently constructed and the height from the deck to the point on the pipe where water may downflood shall be at least 760 mm on the freeboard deck, 600 mm on raised quarter-decks and 300 mm on other superstructure decks. Air pipes shall be fitted with permanently attached means of closing. Ventilators and their coamings in Position 1 or Position 2 serving spaces below freeboard decks, decks of enclosed superstructures or trunk decks shall be efficiently constructed. The height of ventilator coamings shall be at least 760 mm above the deck in Position 1 and at least 600 mm above the deck in Position 2. Ventilator openings shall have permanently attached weathertight means of closing. Subsection (3) does not apply in respect of ventilators in Position 1 with coamings that extend 3.8 m or more above the deck or to ventilators in Position 2 with coamings that extend 1.8 m or more above the deck. Side scuttles to spaces below the freeboard deck or to spaces within enclosed superstructures shall be fitted with hinged inside deadlights so that they can be closed watertight. The sill of each side scuttle shall be above a line that is drawn parallel to the freeboard deck at side and has its lowest point 2.5% of the breadth above the summer fresh water load line or 500 mm above that line, whichever is the greater distance. The side scuttles and deadlights shall be efficiently constructed. Manholes and flush scuttles in Position 1 or Position 2 or within a superstructure other than an enclosed superstructure shall have watertight covers. Openings in freeboard decks other than hatchways, machinery space openings, manholes and flush scuttles shall be protected by an enclosed superstructure; or an efficiently constructed and weathertight deckhouse or companionway. Openings in an exposed part of a superstructure deck or in the top of a deckhouse on the freeboard deck that give access to a space below the freeboard deck or within an enclosed superstructure shall be protected in accordance with subsection (2). This section applies in respect of wells that could collect water and are formed by bulwarks on the exposed parts of the freeboard deck or superstructure decks. If the sheer in way of the well is standard sheer or greater than standard sheer, drainage shall be provided by way of freeing ports with an area on each side of the vessel of at least “A” for each well on the freeboard deck or on the raised quarter-deck; and one-half of “A” for each well on superstructure decks other than raised quarter-decks. The value of “A” is calculated in square metres as follows: if the length of the bulwark in way of the well is 20 m or less, 0.7 plus 0.035 times the length of that bulwark; and in any other case, 0.07 times the lesser of the length of the bulwark in way of the well, and 70 per cent of the length of the vessel. The freeing port area required by subsection (2) shall be increased by 0.04 m2 per metre of length of the well for each metre that the height of the bulwark exceeds 600 mm, in the case of vessels that are 73 m in length or less; 1 200 mm, in the case of vessels that are 146 m in length or more; and in the case of vessels that are of intermediate length, the height obtained by linear interpolation between the heights set out in paragraphs (a) and (b). In the case of vessels greater than 146 m in length with an average height of bulwark of less than 900 mm, the freeing port area required by subsections (2) and (4) shall be decreased by 0.04 m2 per metre of length of well for each metre by which the average height of the bulwark is less than 900 mm. The freeing port area required by subsections (2), (4) and (5) shall be increased by in the case of vessels with no sheer, 50 per cent; in the case of vessels with standard sheer, zero per cent; and in the case of vessels with less than standard sheer, the percentage obtained by linear interpolation between the percentages set out in paragraphs (a) and (b). If a vessel does not have guardrails in way of a trunk on an exposed part of the freeboard deck or has continuous hatchway side coamings between detached superstructures, the freeing port area shall be at least 20 per cent of the total area of the bulwarks if the breadth of the trunk or hatchways is 40 per cent or less of the breadth of the vessel; 10 per cent of the total area of the bulwarks if the breadth of the trunk or hatchways is 75 per cent or more of the breadth of the vessel; and the percentage of the total area of the bulwarks obtained by linear interpolation between the percentages set out in paragraphs (a) and (b) if the breadth of the trunk or hatchways is more than 40 per cent but less than 75 per cent of the breadth of the vessel. In superstructures that are open at either or both ends, the minimum freeing port area in way of wells shall be determined in accordance with the recommendation set out in interpretation LL.60 of the Unified interpretations of the provisions of the International Convention on Load Lines, 1966. The lower edges of the freeing ports shall be as near the deck as practicable. Two thirds of the required freeing port area for each well shall be located in the half of the well nearest the lowest point of the sheer curve. Shutters that are fitted to freeing ports shall have ample clearance to prevent jamming; and hinges that have pins or bearings of material that is resistant to corrosion. Every discharge pipe passing through the shell from spaces below the freeboard deck shall have an automatic non-return valve fitted at the shell with a positive means of closing that is operable from above the freeboard deck, or from a readily accessible location if the discharge originates in a space that is crewed or equipped with a means of continuously monitoring the level of bilge water; or two automatic non-return valves, one of which is fitted at the shell and one inboard that is accessible for examination when the vessel is in service. Every discharge pipe that passes through the shell from within an enclosed superstructure, or from within a deckhouse or companionway required by subsection 10(2), shall meet the requirements set out in paragraph (1)(a) or (b); or have an automatic non-return valve fitted at the shell, if the discharge originates in a space that is regularly visited by the crew. Every scupper, drain or discharge pipe that passes through the shell above the summer fresh water load line at a distance that is less than the greater of 5 per cent of the breadth and 600 mm shall have an automatic non-return valve fitted at the shell. Subsection (3) does not apply in respect of a scupper, drain or discharge pipe that originates above the freeboard deck if the part of the pipe that is between the shell and the freeboard deck is efficiently constructed. Every scupper pipe that leads from a superstructure other than an enclosed superstructure, a deckhouse or a companionway required by subsection 10(2) shall drain overboard. In crewed machinery spaces, every main and auxiliary sea inlet and discharge necessary for the operation of machinery shall have a valve with a positive means of closing that can be controlled locally. The valves required by this section to have positive means of closing shall have indicators at the operating position to show whether the valve is open or closed. The pipes to which this section refers shall be efficiently constructed. The shell fittings and the valves required by this section shall be efficiently constructed. The deckhouses used for the accommodation of the crew shall be efficiently constructed. All exposed parts of the freeboard and superstructure decks shall be fitted with guardrails or bulwarks that are at least 900 mm in height. Guardrails shall be fitted in at least three courses in which the space between the lowest course and the deck does not exceed 230 mm and the other courses are not spaced more than 380 mm apart; or if the sheer strake projects at least 200 mm above the deck, in at least two courses in which the space between the lower course and the sheer strake or the upper course does not exceed 380 mm. Guardrail supports shall be placed on the flat of the deck on vessels with rounded gunwales. Vessels shall have lifelines, gangways or underdeck passages for the protection of the crew while passing to and from their accommodation spaces, the machinery space and all other spaces used in the normal operation of the vessel. Whenever bulkhead openings are closed, other access shall be provided for the crew to reach accommodation spaces or machinery or other working spaces in enclosed superstructures that are bridges or poops. If an exposed part of a freeboard deck is in way of a trunk, guardrails that meet the requirements of subsection (3) shall be fitted for at least half the length of the exposed part. Type A vessels shall meet the following requirements: machinery casings shall have bulkheads with no openings on all sides on the freeboard deck unless the casings are protected by an enclosed poop or bridge or efficiently constructed deckhouse of at least standard height, or the openings meet the requirements set out in section 3 and lead to a space or passageway that is as strong as the casing and from which a second interior access opening that meets the requirements set out in section 3 is provided for access to the engine room; unless there is fore and aft access below the freeboard deck, a permanent fore and aft gangway shall be fitted at the superstructure deck level between the poop and all other deckhouses used in the normal operation of the vessel; hatchways on the exposed freeboard or forecastle deck shall have efficiently constructed watertight covers; vessels shall have guardrails fitted for at least half the length of the exposed parts of the weather deck; and if superstructures are connected by trunks, guardrails shall be fitted for the whole length of the exposed parts of the freeboard deck. after perpendicular means the perpendicular taken at the after end of the length of a vessel. (perpendiculaire arrière) depth for freeboard or D means the distance equal to the moulded depth amidships plus the thickness of the stringer plate, with no allowance for sheathing. However, in the case of a vessel that does not have right-angled gunwales or that has rounded gunwales with a radius greater than four per cent of the breadth, that distance shall be adjusted so that the area of the topside section is equal to that of a vessel with right-angled gunwales and with the same round of beam. (creux de franc-bord ou D) effective length or E means, in respect of an enclosed superstructure that is not a raised quarter-deck, if it has a height of Hs or more, the length of the superstructure, or if it has a height of less than Hs, the length of the superstructure times the quotient of the height of the superstructure divided by Hs; in respect of an enclosed superstructure that is a raised quarter-deck, the lesser of 0.6 L and if it has a height of 2/3 Hs or more, the length of the superstructure, or if it has a height of less than 2/3 Hs, the length of the superstructure times the quotient of the height of the superstructure divided by Hs; and in respect of a trunk, if it has a height of Hs or more, the length of the trunk times the quotient of the mean breadth of the trunk divided by the breadth, or if it has a height of less than Hs, the length of the trunk times the quotient of the mean breadth of the trunk divided by the breadth times the quotient of the height of trunk divided by Hs. (longueur effective ou E) length of the superstructure or S, in respect of a superstructure of a vessel, means the length of the part of the superstructure that is between the forward perpendicular and the after perpendicular of the vessel. (longueur de la superstructure ou S) summer draught means the distance measured from the top of the keel of a vessel to the upper edge of the load line that would mark the vessel’s summer freeboard referred to in subsection 8(1). (tirant d’eau d’été) trunk means an efficiently constructed structure that is on a freeboard deck of a vessel and has a breadth of less than 92 per cent of the breadth of the vessel. (trunk) For the purposes of this Schedule, all length and height measurements shall be in metres and taken to three decimal places. Words and expressions used in this Schedule and defined in section 1 of Schedule 1 have the same meaning as in that section. The basic freeboard in millimetres shall be 850 × p1 × D, in the case of a Type A vessel; and 1000 × p1 × D, in the case of a Type B vessel. In subsection (1), p1 is equal to p + (L/D – L/Ds) × A for vessels that are 122 m or less in length and equal to p for vessels that are more than 122 m in length where is the value set out in column 2 of an item of Table 1 to this section for a length set out in column 1 or determined for a length that is intermediate to two lengths set out in column 1 of consecutive items to Table 1 by linear interpolation between those lengths; is the ratio of length to depth for freeboard except that it shall not be more than (a)15 if L is 122 m or less; 15 if L is 122 m or less; (b)21 if L is 214 m or more; or 21 if L is 214 m or more; or (c)the ratio obtained for intermediate lengths by linear interpolation between the ratios set out in paragraphs (a) and (b); the ratio obtained for intermediate lengths by linear interpolation between the ratios set out in paragraphs (a) and (b); is the value set out in column 2 of an item of Table 2 to this section for a length set out in column 1 or determined for a length that is intermediate to two lengths set out in column 1 of consecutive items to Table 2 by linear interpolation between those lengths; and is the value set out in column 2 of an item of Table 3 to this section for a length set out in column 1 or determined for a length that is intermediate to two lengths set out in column 1 of consecutive items to Table 3 by linear interpolation between those lengths. The basic freeboard for a Type B vessel that is less than 153 m in length and has enclosed superstructures with an effective length of not more than a quarter of the length of the vessel shall be increased by b millimetres where If the sum of the effective lengths of the enclosed superstructures equals L, the basic freeboard shall be reduced by x millimetres where If the sum of the effective lengths of the enclosed superstructures and trunks in respect of which the requirements set out in subsection (3) are met is less than L, the basic freeboard shall be reduced by x millimetres where The requirements referred to in subsection (2) are the following: the trunk shall be at least as strong as an enclosed superstructure;

no hatchways shall be in the freeboard deck in way of the trunk other than small access openings with watertight covers; the trunk deck shall be a permanent working platform fitted with guardrails; if the trunk is detached, it shall be connected to the adjacent superstructures by permanent gangways; guardrails shall be fitted in way of the trunk on the exposed parts of the freeboard deck for at least half the length of exposed parts of the trunk; the trunk shall have a breadth at least 60 per cent of the breadth of the vessel; and if there is no superstructure on the vessel, the length of the trunk shall be at least 60 per cent of its length. Correction in the basic freeboard for sheer shall be determined in accordance with regulation 38 of the 1966 Convention. However, for the purpose of the determination, L shall be the lesser of the length of the vessel and 153 m. The following definitions apply in this section. assumed bow height, in respect of a vessel, means the vertical distance at the forward perpendicular between the top of the exposed deck at side; and the water line that corresponds to the basic freeboard, as corrected in accordance with sections 3 to 6, where applicable, including any designed trim. (hauteur d’étrave présumée) standard bow height means 49.417 L × (1 – L/500) mm for a vessel of less than 168 m in length; or 8677 – 18.917 L mm for a vessel of 168 m or more in length. (hauteur d’étrave normale) Subject to subsection (3), if the assumed bow height is less than the standard bow height, the basic freeboard shall be increased by the difference. For the purpose of the definition assumed bow height, the top of the exposed deck at side is deemed not to include sheer or the height of a superstructure unless in the case of sheer, it extends for at least 15 per cent of the length of the vessel measured from the forward perpendicular; and in the case of the height of a superstructure, the superstructure is enclosed and extends from the stem to a point at least 0.06 L abaft the forward perpendicular. If the position of the upper edge of the deck line is placed in accordance with paragraph 2(b) of Schedule 3 above the position established by paragraph 2(a) of that Schedule, the basic freeboard shall be increased by the difference between those positions. If the position of the upper edge of the deck line is placed in accordance with paragraph 2(b) of Schedule 3 below the position established by paragraph 2(a) of that Schedule, the basic freeboard shall be decreased by the difference between those positions. The summer freeboard that is applicable during the summer season in fresh water shall be the freeboard determined in accordance with sections 2 to 7. The midsummer freeboard that is applicable during the midsummer season in fresh water shall be determined by deducting y millimetres from the summer freeboard where y is equal to the summer draught in metres multiplied by 25. The intermediate freeboard that is applicable during the intermediate season in fresh water shall be determined by adding y millimetres to the summer freeboard where y is equal to the summer draught in metres multiplied by the quotient of 2540 divided by the greater of 122 m and L. The winter freeboard that is applicable during the winter season in fresh water shall be determined by adding y millimetres to the summer freeboard where y is equal to the summer draught in metres multiplied by the quotient of 5080 divided by the greater of 122 m and L. Salt water freeboards that are applicable to vessels that operate in salt water shall be determined by adding y millimetres to the corresponding fresh water freeboards where y is equal to the displacement in fresh water in tonnes at the summer load waterline divided by the product of 4.1 times the tonnes per centimetre immersion in fresh water at the summer load waterline. If the displacement in fresh water in tonnes at the summer load waterline cannot be determined, one forty-eighth of the summer draught shall be added to the corresponding fresh water freeboards. Despite sections 8 and 9, the freeboard other than the open-hopper dredge freeboard shall not be less than 50 mm. The dredging freeboard for open-hopper dredges shall be 62.5 per cent of the summer freeboard for a type B vessel or 150 mm, whichever is greater. The dredging freeboard for an open-hopper dredge is applicable only when the height of waves in the area of operation is not more than 3 m or the wind velocity in the area is not more than 65 km per hour; and The upper edge of the deck line shall pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell, as illustrated in Figure 1; or be placed above or below the position established in paragraph (a). A right-angled diamond as illustrated in Figure 2 shall be marked amidships below the deck line on each side of the vessel. The diamond shall be marked with lines 25 mm wide with an outside diagonal measurement of 380 mm; intersected by a horizontal line that is 540 mm long and 25 mm wide and that has the midpoint of its upper edge coinciding with the midpoint of the diamond; and placed so that its centre is at a distance below the upper edge of the deck line equal to the summer freeboard referred to in subsection 8(1) of Schedule 2. Horizontal lines, to be known as fresh water load lines, indicating the assigned fresh water freeboards, shall be marked as illustrated in Figure 2. Each line shall be 230 mm long and 25 mm wide and extend forward of and at right angles to a vertical line that is 25 mm wide. The vertical line referred to in subsection (1) shall be placed 660 mm forward of the vertical diagonal of the load line diamond. The midsummer fresh water load line shall be placed so that its upper edge marks the assigned midsummer fresh water freeboard and the letters “MS” shall be marked forward of this line. The summer fresh water load line shall be placed so that its upper edge marks the assigned summer fresh water freeboard and the letter “S” shall be marked forward of this line. The intermediate fresh water load line shall be placed so that its upper edge marks the assigned intermediate fresh water freeboard and the letter “I” shall be marked forward of this line. The winter fresh water load line shall be placed so that its upper edge marks the assigned winter fresh water freeboard and the letter “W” shall be marked forward of this line. If an open-hopper dredge has been assigned a dredging freeboard, the dredging fresh water load line shall be placed directly below the deck line so that its upper edge marks the assigned dredging fresh water freeboard and the letters “WD” shall be marked forward of this line. If a vessel has been assigned salt water freeboards, salt water load lines shall be marked as illustrated in Figure 2. Each line shall be 230 mm long and 25 mm wide, extend abaft the vertical line, be placed so that its upper edges mark the appropriate assigned salt water freeboards and be marked with letters in the same fashion as for the fresh water load lines but placed abaft the salt water load lines. If salt water load lines are marked, the letters “SW” shall be marked above these lines and the letters “FW” shall be marked above the fresh water load lines. All load line marks shall be permanently marked on both sides of the vessel in white or yellow on a dark background or in black on a light background.