Vessel Safety Certificates Regulations

Vessel Safety Certificates Regulations 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 paragraph 7(1)(a) of the Canada Pension Plana; R.S., c. C-8 section 157b of the Canada Labour Codec; S.C. 2019, c. 29, par. 375(1)(c) R.S., c. L-2 section 27d of the Transportation of Dangerous Goods Act, 1992e; and S.C. 2009, c. 9, s. 25 S.C. 1992, c. 34 subsection 35(1)f, sections 77g, 100h and 120i, paragraph 136(1)(f)j, sections 190k and 207l and paragraphs 244(a), (f)m and (h)n of the Canada Shipping Act, 2001o. S.C. 2019, c. 1, s. 141 S.C. 2011, c. 15, s. 43 S.C. 2017, c. 26, s. 43 S.C. 2018, c. 27, s. 694 S.C. 2005, c. 29, s. 18 S.C. 2018, c. 27, s. 707 S.C. 2015, c. 3, s. 24 S.C. 2014, c. 29, s. 75(1) S.C. 2018, c. 27, s. 709 S.C. 2001, c. 26 Definitions The following definitions apply in these Regulations. Act means the Canada Shipping Act, 2001. (Loi) inland voyage means a voyage that is not a sheltered waters voyage and is on the inland waters of Canada; or 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 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 from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. (eaux internes du Canada) Minister means the Minister of Transport. (ministre) near coastal voyage, Class 1 means a voyage that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2; 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 during which a vessel is always north of latitude 6°N, and 200 nautical miles or less from shore or above the continental shelf. (voyage à proximité du littoral, classe 1) near coastal voyage, Class 2 means a voyage that is not a sheltered waters voyage or an inland voyage; and 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and 100 nautical miles or less from a place of refuge. (voyage à proximité du littoral, classe 2) sheltered waters voyage means a voyage that is 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; on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or 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 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 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) Interpretation For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations, “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation; “Administration” is to be read as “Minister”; “ship” is to be read as “vessel”; and “survey” is to be read as “inspection”. Inconsistency 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. Canadian vessels and foreign vessels These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters. Activities relating to oil or gas 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. 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. Application This Division applies in respect of Canadian vessels that are Safety Convention vessels. Safety certificate A vessel must hold the applicable safety certificates issued under section 7 to engage on a voyage. Issuance of safety certificate 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: the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels; watertight subdivision arrangements and details; subdivision load lines; structural fire protection, fire safety systems and appliances and fire control plans; life-saving appliances and equipment for lifeboats, life rafts and rescue boats; line-throwing appliances and radio installations used in life-saving appliances; radio installations; shipborne navigational equipment, means of embarkation for pilots, and nautical charts and publications; and lights, shapes and means of making distress and sound signals. Inspections and endorsements The authorized representative of a vessel that holds a safety certificate must ensure that the vessel undergoes all inspections required in respect of the applicable certificate under Part B of Chapter I of SOLAS; and 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. 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. Continuous synopsis record 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. Required information in application The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS. Update to information 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, inform the Minister in writing of the change; submit a new application for an updated version of the continuous synopsis record; and 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. Prohibition from altering continuous synopsis record 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. Vessel transferred — continuous synopsis record on board 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. Vessel transferred — information to Minister 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. Responsibilities of authorized representative all safety certificates that are required by section 6 are kept on board; 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; any exemption certificate that is referred to in section 8 is kept on board; and 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. This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels: vessels of 15 gross tonnage or less that carry more than 12 passengers; and vessels of more than 15 gross tonnage. Non-application This Division does not apply in respect of pleasure craft; vessels to which the Special-purpose Vessel Regulations apply; human-powered vessels; or 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. Definition of dangerous chemical 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. A vessel must hold the applicable safety certificates issued under section 13 to engage on a voyage. 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: The authorized representative of a vessel that holds a safety certificate that is valid for more than one year must ensure that the vessel is inspected no later than a date that is determined by the Minister after considering the vessel’s type and size and the class of voyage on which the vessel may engage, and indicated on the certificate at the time it is issued; and 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. Inland voyage safety certificate 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. Near coastal voyage, Class 2 safety certificate 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. Near coastal voyage, Class 1 safety certificate A vessel that holds a safety certificate for a near coastal voyage, Class 1 may also engage on a sheltered waters voyage; an inland voyage; and a near coastal voyage, Class 2. Unlimited voyage safety certificate A vessel that holds a safety certificate for an unlimited voyage may also engage on an inland voyage; a near coastal voyage, Class 2; and a near coastal voyage, Class 1. all safety certificates that are required by section 12 are kept on board; and 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. Terms and conditions If the Minister determines that terms and conditions on a safety certificate issued to a vessel are necessary based on the vessel’s construction, equipment, stability and design criteria, the Minister may impose terms and conditions that restrict a vessel’s intended service; and limit the voyage on which the vessel may engage after considering the following criteria with respect to the vessel’s intended area of operation: wave height, wind velocity, current, visibility, proximity to assistance, a place of refuge or shore, navigation hazards, communications coverage, average depth of the water, water temperature, air temperature, maximum tide range, and ice conditions. Reports The authorized representative of a Canadian vessel must if an inspection report indicates that a requirement referred to in subsection 7(1) or 13(1) has not been met and a period is set out in the inspection report to comply with the requirement, submit to the Minister, within that period, a report, in the form specified by the Minister, that specifies the measures taken to comply with the requirement, and documents demonstrating the measures taken; and if a modification or an alteration made to the vessel, or damage caused to the vessel, results in the vessel no longer meeting all of the requirements referred to in subsection 7(1) or 13(1), submit to the Minister, without delay, a report, in the form specified by the Minister, that describes the modification, alteration or damage and specifies the measures subsequently taken to comply with the requirements, and documents demonstrating the measures taken. Confirmation from Minister Following the submission of the report and the documents, the authorized representative must ensure that they receive a written confirmation from the Minister that the requirements for the issuance of the certificate continue to be met. Review and inspection In order to provide the confirmation, the Minister must review the report and the documents provided by the authorized representative and, if the Minister determines that it is necessary, inspect the vessel. Safety Convention vessels The authorized representative of a foreign vessel that is a Safety Convention vessel must ensure that all safety certificates that are required by SOLAS are kept on board, any document that is required by SOLAS to be attached to a safety certificate is kept on board, any exemption certificate that is referred to in Regulation 12(a)(vii) of Part B of Chapter I of SOLAS is kept on board, and if the authorized representative has applied to its flag state for an updated continuous synopsis record and the authorized representative has not yet received the updated record, a copy of the application is kept on board; and be able to demonstrate that the requirements for the issuance of the certificates and documents referred to in subparagraphs (a)(i) to (iii) continue to be met. The authorized representative of a foreign vessel that holds a safety certificate that is required by SOLAS must ensure that if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met. Vessels that are not Safety Convention vessels The authorized representative of a foreign vessel that is not a Safety Convention vessel must ensure that a document issued by or under the authority of the vessel’s flag state that indicates that the vessel complies with the safety requirements of its flag state is kept on board; be able to demonstrate that the requirements for the issuance of that document continue to be met; and ensure that the vessel’s design, construction and equipment meet a level of safety that is equivalent to or higher than that required by regulations made under Part 4 of the Act for Canadian vessels that are of a similar size and type. Certificates issued under Vessel Certificates Regulations A certificate issued under the Vessel Certificates Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under these Regulations. [Amendments] The following regulations are repealed: the Hull Inspection Regulations20; C.R.C., c. 1432 the Classed Ships Inspection Regulations, 198821; and SOR/89-225 the Vessel Certificates Regulations22. SOR/2007-31 Publication These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. east of a line drawn from Nine Mile Point on Simcoe Island to Long Point on Wolfe Island and thence to Bear Point on Wolfe Island; and west of a line drawn from Staley Point in Boat Channel northwest to a point at 44°09.91′N, 76°31.16′W on Simcoe Island northeast of a line drawn from Carruthers Point near Kingston, to Salmon Island, thence to Snake Island and thence to Nine Mile Point on Simcoe Island; northeast of a line drawn from Staley Point in Boat Channel northwest to a point at 44°09.91′N, 76°31.16′W on Simcoe Island; and north of a line drawn from the southern point of Wolfe Island at Bear Point to Tibbetts Point, United States inside a line drawn from Carey Point (46°17.6′N, 60°25′W) to Noir Point (46°17.45′N, 60°24.8′W); inside a line drawn from Point Aconi (46°18.72‘N, 60°17.23′W) to Alder Point (46°18.67‘N, 60°16.97‘W); and north of the seaward end of St. Peters Canal (45°39.2′N, 60°52.15′W) the waters of Chatham Sound that are north of latitude 54°08.583′N and east of longitude 130°26.883′W; Prince Rupert Harbour and connecting waters, east of a line drawn from Straith Point (54°18.483′N, 130°28.4′W) to Observation Point (54°20.13′N, 130° 27.7′W); and Inverness Passage north of Osborn Point (54°09.034′N, 130°09.292′W) on Smith Island in Lama Passage north of a line drawn east from Napier Point (52°07.90′N, 128°08.03′W) on Campbell Island to the Denny Island shore; in Gunboat Passage south and west of a line drawn from Georgie Point (52°11.12′N, 127°53.08′W) on Denny Island to Madigan Point (52°11.36′N, 127°53.65′W) on Cunningham Island; in Troup Passage south of Troup Narrows; in Seaforth Channel east of a line drawn from Christiansen Point (52°14.21′N, 128°10.88′W) to Lay Point (52°12.78′N, 128°10.36′W); and connected to the waters referred to in paragraphs (a) to (d) east of a line drawn from Steamer Point (49°53.183′N, 126°47.883′W) northwest to the opposite shore; and north of a line drawn from Yuquot Point on Nootka Island east to Burdwood Point on the Vancouver Island shore inside a line drawn from Kildare Point (46°48.233′N, 64°02′W) to Cascumpeque Lighthouse (46°48.016′N, 64°02.161′W); inside a line drawn from the north side of Palmer Inlet (46°45.233′N, 64°00.533′W) to the south side of Palmer Inlet (46°44.846′N, 64°00.304′W); inside a line drawn from the north side of Hardys Channel (46°39.616′N, 63°52.75′W) to the south side of that channel (46°39.416′N, 63°52.183′W); and inside a line drawn from a point at 46°34.433′N, 63°42.533′W on Fish Island to Profitts Point (46°34.074′N, 63°40.056′W) Cable ferry