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

Stability Standards

Marginal note:Simplified stability assessment

• 3.49 (1) The stability of a fishing vessel that undergoes a simplified stability assessment 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:Some activities — consistency with good practices

  (2) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed 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:Full stability assessment

• 3.5 (1) The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

• Marginal note:Some activities — consistency with good practices

  (2) If the standards set out in the IS Code do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed 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.

Persons and Organizations Competent to Conduct a Stability Assessment

Marginal note:Regulatory authorization — full or simplified stability assessment

3.51 The following persons and organizations are competent to conduct a full or simplified stability assessment:

• (a) an engineer who is a member in good standing of the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or a state of the United States;

• (b) a classification society; and

• (c) a person who has at least three years of post-secondary education in the field of naval architecture, who is a member in good standing of an order or an association of technologists or technicians of a province of Canada, and who has at least five years’ experience in the marine transportation industry.

Marginal note:Regulatory authorization — simplified stability assessment

• 3.52 (1) The following persons are competent to conduct a simplified stability assessment if they have received training, from a training institution or any other organization, in the application of the standards used to conduct a simplified stability assessment and if they have practical experience in the application of those standards:

  • (a) a marine surveyor who is a member in good standing of a national association of accredited or certified marine surveyors of Canada or of the United States; and

  • (b) a builder, manufacturer or rebuilder of fishing vessels.

• Marginal note:Training with competent person

  (2) A person who meets the following requirements is also competent to conduct a simplified stability assessment:

  • (a) the person has received training from a competent person in the application of the standards used to conduct a simplified stability assessment; and

  • (b) the person has, after receiving the training, acquired practical experience in the application of those standards.

Marginal note:Designation by Minister — full or simplified stability assessment

• 3.53 (1) The Minister shall designate a person or class of persons as competent to conduct a full or simplified stability assessment if the person or class of persons has received training in the application of the standards that will be used to conduct the assessment and has the knowledge and experience to conduct the assessment.

• Marginal note:Contact information of applicant for designation

  (2) A person who applies to the Minister to be designated as competent to conduct a full or simplified stability assessment shall provide the Minister with the person’s contact information.

Marginal note:Update of contact information

3.54 A person designated by the Minister as competent to conduct a full or simplified stability assessment shall provide the Minister with updated contact information as soon as possible.

Marginal note:Cancellation of designation

3.55 The Minister shall cancel the designation of a person or class of persons as competent to conduct a full or simplified stability assessment if the Minister has reasonable grounds to believe that the person or class of persons no longer meets the criteria for the designation or, in the case of a person, that the person has acted fraudulently in the performance of his or her duties.

Marginal note:Suspension of designation

3.56 The Minister shall suspend the designation of a person as competent to conduct a full or simplified stability assessment if the person does not provide the Minister with updated contact information.

Obligations — Competent Person

Marginal note:Assessment of compliance

3.57 A competent person who conducts a stability assessment for a fishing vessel shall

• (a) verify whether the vessel conforms to the stability standards that are applied to the vessel and, if those standards do not take into account some of the activities of the vessel, assess the impact of those activities on the stability of the vessel;

• (b) provide the authorized representative of the vessel, in English or French or in both, according to the needs of the crew, with a stability booklet in the case of a full stability assessment, or with a record of stability in the case of a simplified stability assessment, that sets out

  • (i) the stability standards that were applied to the vessel,

  • (ii) information, in the form and manner set out in the standards, respecting the stability characteristics of the vessel and, if those standards do not take into account some of the activities of the vessel, the results of the assessment of the impact of those activities on the stability of the vessel,

  • (iii) the vessel’s safe operating limits, and

  • (iv) a signed declaration confirming, on the basis of the information provided to the competent person by the authorized representative, that the stability characteristics of the vessel conform to the standards that were applied to vessel; and

• (c) prepare a stability notice for the vessel that sets out

  • (i) the stability standards that were applied to the vessel for the stability assessment,

  • (ii) a graphical representation, including a description or legend, of the operational practices necessary to operate the vessel within the safe operating limits set out in the vessel’s stability booklet or record of stability, and

  • (iii) a statement indicating whether the vessel has been assessed for operations in freezing spray conditions.

Obligations

Marginal note:Stability booklet or record of stability

• 3.58 (1) The authorized representative of a fishing vessel

  • (a) shall provide the competent person who prepares the stability booklet or record of stability with information that sets out the configuration and activities of the vessel;

  • (b) shall provide the Minister with a copy of the stability booklet or record of stability upon request; and

  • (c) shall ensure that a copy of the stability booklet or record of stability is kept on board the vessel.

• Marginal note:Transfer of ownership

  (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the vessel’s stability booklet or record of stability.

Marginal note:Safe operating limits

3.59 A fishing vessel shall be operated within its safe operating limits and in accordance with the information set out in the stability booklet or record of stability.

Stability Notice

Marginal note:Accessibility of and familiarity with stability notice

• 3.6 (1) The stability notice for a fishing vessel shall be posted in a conspicuous location on board the vessel, and the crew shall be familiar with its content.

• Marginal note:Transfer of ownership

  (2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the stability notice for the vessel.

Operational Procedures

Marginal note:Written procedures

• 3.61 (1) If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.57(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

• Marginal note:Written procedures carried on board

  (2) The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

Draft Marks

Marginal note:Permanent draft marks

3.62 A fishing vessel that has undergone a full stability assessment shall be permanently marked, forward and aft, with draft marks or other means of accurately identifying the draft.

Population of Fishing Vessels

Marginal note:Request to Minister — group of authorized representatives

• 3.63 (1) A group of authorized representatives of fishing vessels may request to the Minister that a population of fishing vessels not be required to undergo a stability assessment if it demonstrates to the satisfaction of the Minister that

  • (a) each vessel in the population is similar to a vessel representative of the population that has successfully undergone a full stability assessment; and

  • (b) not requiring a stability assessment for each vessel will not decrease the level of safety of the population.

• Marginal note:Factors — similar vessels

  (2) A fishing vessel in a population of fishing vessels is similar to the vessel representative of the population if

  • (a) it is operated or is to be operated in the same fishery, in the same environmental conditions and with the same fishing gear as the representative vessel;

  • (b) its physical characteristics are similar to those of the representative vessel; and

  • (c) its stability characteristics are equivalent to those set out in the stability booklet of the representative vessel.

Marginal note:Content of request

3.64 The request referred to in section 3.63 shall be submitted in the form and manner established by the Minister, and shall include the following documents and information in order to demonstrate to the satisfaction of the Minister that the conditions set out in paragraphs 3.63(1)(a) and (b) are met:

• (a) data relating to any accidents and incidents that have been reported under the Transportation Safety Board Regulations in respect of each vessel in the population and in respect of any other fishing vessel similar to the representative vessel;

• (b) a copy of the stability booklet of the representative vessel;

• (c) an analysis of the likelihood that a stability-related accident or incident will occur if a stability assessment is not conducted for each vessel in the population, which analysis shall be based on

  • (i) the similarity of each vessel in the population to the representative vessel,

  • (ii) the nature of the risks to which the vessels in the population and persons on board are exposed,

  • (iii) the accident and incident history of the vessels in the population and any other similar vessels,

  • (iv) the operating parameters of each vessel in the population, and

  • (v) the information contained in the stability booklet of the representative vessel; and

• (d) a description of the measures that are proposed in order to decrease the likelihood, or mitigate the consequences, of a stability-related accident or incident identified in the analysis.