Fishing Vessel Safety Regulations (C.R.C., c. 1486)

Marginal note:Portable fire extinguishers

• 3.38 (1) A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall

  • (a) bear a mark indicating that it is certified for marine use by a product certification body; or

  • (b) be of a type that is approved by the United States Coast Guard.

• Marginal note:Imported vessel

  (2) A portable fire extinguisher that is carried on board a fishing vessel imported into Canada and that does not meet the requirements of subsection (1) shall be certified for marine use by a product certification body or a classification society.

Marginal note:Classes of fires

3.39 In any reference in these Regulations to the classification of a portable fire extinguisher, the letters in the classification refer to the following classes of fires:

• (a) Class A fires, namely, fires that involve combustible materials such as wood, cloth, paper, rubber and plastic;

• (b) Class B fires, namely, fires that involve inflammable liquids, gases and greases;

• (c) Class C fires, namely, fires in energized electrical equipment, where the electrical non-conductivity of the extinguishing media is of importance; and

• (d) Class K fires, namely, fires in cooking appliances that involve combustible cooking media such as vegetable or animal oils or fats.

Marginal note:Exception

3.4 A fishing vessel may carry on board a portable fire extinguisher that is not marked with a classification set out in column 1 of the table to this section if the fire extinguisher contains an extinguishing agent that is set out in column 2, 3 or 4 and that is of a net weight that corresponds to the classification set out in column 1, and if the fire extinguisher meets the requirements of these Regulations in all other respects.

Marginal note:Exceeds classification

3.41 A fishing vessel may carry on board a portable fire extinguisher that exceeds the classification set out for that fire extinguisher in this Division.

Marginal note:Extinguishing agent

• 3.42 (1) A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall contain an extinguishing agent capable of extinguishing any potential fire in the compartment for which the fire extinguisher is intended, and shall not weigh more than 23 kg.

• Marginal note:Alternative rating

  (2) A portable fire extinguisher rated for Class B fires and required by these Regulations to be carried on board a fishing vessel may be replaced with a portable fire extinguisher rated for Class K fires if it is intended for use in an area with cooking appliances that use combustible cooking media.

• Marginal note:Carbon dioxide fire extinguisher

  (3) A portable carbon dioxide fire extinguisher shall be fitted with an electrically non-conductive horn.

Marginal note:Mounting

• 3.43 (1) A portable fire extinguisher set out in column 2 of the table to subsection 3.37(1) shall be mounted with a clamp or bracket that provides a quick and positive release.

• Marginal note:Gas extinguishing agent

  (2) A portable fire extinguisher intended for use in an accommodation space, or stored in an accommodation space, shall not contain a gas extinguishing agent.

Division 3Stability

Application

Marginal note:Application

• 3.44 (1) This Division applies in respect of a fishing vessel that is propelled or designed to be propelled by an engine.

• Marginal note:Wooden vessels

  (2) This Division does not apply in respect of a wooden fishing vessel that was designed to be human-powered but has been modified for propulsion by an outboard motor and

  • (a) has no deck or deck structure;

  • (b) is not mass produced; and

  • (c) has been constructed following traditional methods that have been proven to be effective and reliable over time.

Stability Standards and Demonstration

Marginal note:Existing vessels — adequate stability

3.45 The stability and, if applicable, the buoyancy and flotation of an existing fishing vessel that is not required to undergo a stability assessment shall be adequate to safely carry out the vessel’s intended operations.

Marginal note:New vessels of more than 6 m but not more than 9 m

• 3.46 (1) The stability of a new fishing vessel that has a hull length of more than 6 m and not more than 9 m shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

• Marginal note:Demonstration of conformity with standards

  (2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the selected recommended practices and standards.

• Marginal note:Some activities — consistency with good practices

  (3) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Marginal note:New vessels of not more than 6 m

• 3.47 (1) The stability of a new fishing vessel that has a hull length of not more than 6 m shall conform to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

• Marginal note:Demonstration of conformity with TP 1332

  (2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

• Marginal note:Some activities — consistency with good practices

  (3) If Section 4 of TP 1332 does not contain standards respecting some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Stability Assessment and Stability Standards

Stability Assessment

Marginal note:Stability assessment required

• 3.48 (1) No person shall operate, or permit another person to operate, a fishing vessel in the following cases unless the vessel has successfully undergone a stability assessment conducted by a competent person:

  • (a) the vessel has a hull length of more than 9 m and

    • (i) it is new, or

    • (ii) it has undergone a major modification or a change in activity that is likely to adversely affect its stability;

  • (b) the vessel is an existing vessel of closed construction, is of more than 15 gross tonnage, is used for catching herring or capelin and, during the period beginning on July 6, 1977 and ending on the day before this Division comes into force,

    • (i) its keel was laid,

    • (ii) it was registered under Part 2 of the Canada Shipping Act, 2001, or under Part 1 the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985,

    • (iii) it was converted to herring or capelin fishing, or

    • (iv) it underwent any modifications that adversely affected its stability characteristics; or

  • (c) the vessel is fitted with an anti-roll tank.

• Marginal note:Type of assessment

  (2) The fishing vessel may undergo either a full or a simplified stability assessment, but shall undergo a full stability assessment

  • (a) if the vessel is carrying fish in bulk that exhibit free surface effect, unless

    • (i) the fish are carried in containers such as pails, boxes or tote tanks of which none exceed one third of the breadth of the vessel, or

    • (ii) the fish hold or deck is divided by two fishtight longitudinal divisions, secured in place;

  • (b) if the vessel is carrying fish or liquids that exhibit free surface effect in containers such as live wells, tote tanks or tanked fish holds of which any exceed one third of the breadth of the vessel and

    • (i) are not designed to be used at maximum capacity only,

    • (ii) are not filled before the vessel’s departure or in calm waters, and

    • (iii) are not fitted with an alarm to indicate when the tank is not at maximum capacity;

  • (c) if the vessel is fitted with an anti-roll tank; or

  • (d) if the vessel is new and has a hull length of more than 18 m.

• Marginal note:Major modification

  (3) In this section, major modification means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability.