Vessel Traffic Services Zones Regulations

Vessel Traffic Services Zones Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Vessel Traffic Services Zones Regulations under subsections 120(1)a, 136(1)b, 150(1)c and 190(1)d and paragraphs 244(f)e and (h)f of the Canada Shipping Act, 2001g. S.C. 2023, c. 26, s. 375 S.C. 2005, c. 29, s. 18 S.C. 2019, c. 1, s. 144(1) S.C. 2023, c. 26, s. 403 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) berth includes a wharf, pier, lock, anchorage or mooring buoy. (poste d’amarrage) pollutant has the same meaning as in section 185 of the Act. (polluant) Radio Aids to Marine Navigation means the document entitled Radio Aids to Marine Navigation, published by the Canadian Coast Guard, as amended from time to time. (Aides radio à la navigation maritime) Incorporated documents — meaning of “ship” For the purpose of interpreting any document that is incorporated by reference into these Regulations, “ship” is to be read as “vessel”. Application These Regulations apply to the following vessels that are about to enter, leave or proceed within a VTS Zone: vessels of 300 gross tonnage or more; vessels that are engaged in towing or pushing another vessel, if the combined gross tonnage is 500 gross tonnage or more; and vessels that are carrying as cargo a pollutant or dangerous goods, or vessels that are engaged in towing or pushing such a vessel. Definition of dangerous goods For the purposes of paragraph (1)(c), dangerous goods means the substances, materials and articles referred to in the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time. Prescribed classes The vessels referred to in subsection 3(1) are prescribed as classes of vessels for the purposes of subsections 126(1) and (3) of the Act. Communication The communication that is required under paragraph 126(1)(b) of the Act must be maintained in accordance with Part 3 of Radio Aids to Marine Navigation. Content and provision of reports The master of a vessel must ensure that the reports and sailing plans required under these Regulations contain the information set out in Part 3 of Radio Aids to Marine Navigation and are provided to a marine communications and traffic services officer in accordance with that Part. Establishment of VTS Zones The following VTS Zones are established: the Western VTS Zones described in Schedule 1; the Eastern VTS Zone described in Schedule 2; the Local Eastern VTS Zones described in Schedule 3; and the Northern VTS Zone described in Schedule 4. Western VTS Zones This Part applies in respect of the Western VTS Zones described in Schedule 1. In addition to the vessels referred to in subsection 3(1), sections 11 to 15 apply to the following vessels that are about to enter, leave or proceed within a VTS Zone: a vessel that is 20 m or more in length other than a pleasure craft that is less than 30 m in length, and a fishing vessel that is less than 24 m in length and not more than 150 gross tonnage; and a vessel that is engaged in towing or pushing another vessel or an object, other than fishing gear, unless the vessel and the other vessel or object being towed or pushed are within a log booming ground, if the combined length of the vessel and the other vessel or object is 45 m or more, or the length of the other vessel or object is 20 m or more. In addition to the vessels referred to in section 4, the vessels referred to in subsection (1) are prescribed classes of vessels for the purposes of subsections 126(1) and (3) of the Act. Sailing plan — 24 hours If a vessel enters a VTS Zone from outside Canadian waters, the master of the vessel must ensure that a sailing plan is provided at least 24 hours before the vessel enters the VTS Zone, or as soon as feasible before the vessel enters the VTS Zone if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call. Sailing plan — other The master of a vessel must ensure that a sailing plan is provided at least 15 minutes before the vessel enters a VTS Zone, except if the vessel was granted a clearance to enter under paragraph 126(3)(a) of the Act; at least 15 minutes before the vessel begins a manoeuvre in a VTS Zone that may be detrimental to safe navigation; at least 15 minutes before the vessel departs from a berth within a VTS Zone; and immediately before the vessel gets underway within a VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision. Position report The master of a vessel must ensure that a position report is provided when the vessel arrives at a calling-in-point described in Part 3 of Radio Aids to Marine Navigation; as soon as feasible after the manoeuvre referred to in paragraph 11(b) is completed; and immediately before the vessel departs from a berth within a VTS Zone. Final report The master of a vessel must ensure that a final report is provided on the arrival of the vessel at a berth within a VTS Zone; and immediately before the vessel leaves a VTS Zone, except if the vessel enters any other VTS Zone. Other reports The master of a vessel must ensure that a report is provided as soon as feasible after the master becomes aware of any of the following circumstances: there is a fire or explosion on board the vessel; the vessel is involved in a collision, grounding or striking; the vessel makes unforeseen contact with the bottom without going aground; there is a defect in the vessel’s hull, main propulsion system, steering system, anchor or any equipment that is required under the Navigation Safety Regulations, 2020; the vessel’s seaworthiness is affected; all or part of the vessel’s cargo shifts or falls overboard; another vessel is in apparent difficulty; there is an obstruction to navigation; in addition to a missing, out of position or malfunctioning aid to navigation that must be reported under subsection 129(2) of the Act, an aid to navigation is damaged; there are ice or weather conditions that are hazardous to safe navigation; there is a pollutant in the water; another vessel may impede the movement of the vessel or of other vessels; there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to the health and well-being of individuals on board the vessel including the crew; there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to marine safety or the marine environment. Deviation report In the case of a significant change in the information contained in a report, the master must ensure that a deviation report containing the updated information is provided as soon as feasible after the master becomes aware of the change. Eastern VTS Zone This Part applies in respect of the Eastern VTS Zone described in Schedule 2. If a vessel enters the VTS Zone from outside Canadian waters, the master of the vessel must ensure that a sailing plan is provided at least 24 hours before the vessel enters the VTS Zone, or as soon as feasible before the vessel enters the VTS Zone if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call. Exception — voyage between two ports Despite subsection (1), the master does not need to ensure that the plan is provided if the vessel is on a voyage between two ports in the VTS Zone. more than one hour but not more than two hours before the vessel departs from a berth within the VTS Zone unless the vessel is proceeding to another berth in the same port; and immediately before the vessel gets underway within the VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision. The master of a vessel must ensure that a position report is provided immediately after the vessel enters the VTS Zone, except if the vessel enters from a Local Eastern VTS Zone described in Schedule 3. on the arrival of the vessel at a berth within the VTS Zone; and immediately before the vessel leaves the VTS Zone, except if the vessel enters any other VTS Zone. Local Eastern VTS Zones This Part applies in respect of the Local Eastern VTS Zones described in Schedule 3. In addition to the vessels referred to in subsection 3(1), sections 26 to 30 apply to the following vessels that are about to enter, leave or proceed within a VTS Zone: a vessel that is engaged in towing or pushing another vessel or an object, other than fishing gear, unless the vessel and the other vessel or object being towed or pushed is within a log booming ground, if as soon as feasible after the manoeuvre referred to in paragraph 26(b) is completed; and Northern VTS Zone This Part applies in respect of the Northern VTS Zone described in Schedule 4. Sailing plan at least 24 hours before the vessel enters the VTS Zone, or as soon as feasible before the vessel enters the VTS Zone if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call; immediately after the vessel enters the VTS Zone; and daily at 1600 Coordinated Universal Time (UTC), if a vessel is underway within the VTS Zone, unless the information required by Regulation 19-1 of Chapter V of SOLAS is being transmitted in accordance with that Regulation. Definition of SOLAS For the purposes of paragraph (1)(b), SOLAS means the International Convention for the Safety of Life At Sea of 1974, and the Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974, as amended from time to time. immediately before the vessel leaves the VTS Zone. [Amendments] The following Regulations are repealed: the Vessel Traffic Services Zones Regulations2; SOR/89-98 the Eastern Canada Vessel Traffic Services Zone Regulations3; and SOR/89-99 the Northern Canada Vessel Traffic Services Zone Regulations4. SOR/2010-127 Three months after publication These Regulations come into force on the day that, in the third month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that third month has no day with that number, the last day of that third month.