Interpretation

• 1 (1) The definitions in this section apply in these Regulations.

  Act

  Act means the Canada Shipping Act. (Loi)

  Arctic class ship

  Arctic class ship has the meaning assigned in section 2 of the Arctic Shipping Pollution Prevention Regulations. (navire de cote arctique)

  certified

  certified, in respect of a ship, means certified by the Board or by the appropriate authority of the country in which the ship is registered. (autorisé)

  closed construction ship

  closed construction ship means a ship that has a fixed structural deck covering the entire hull above the deepest operating waterline and that, when the open wells or cockpits fitted in the deck of the ship are flooded, is not endangered. (navire ponté)

  digital selective calling

  digital selective calling or DSC means a technique using digital codes that enables a radio station to establish contact with, and transfer information to, another station or group of stations, which technique complies with the recommendations of the International Telecommunication Union Radiocommunication Sector. (appel sélectif numériqueouASN)

  dual watch capability

  dual watch capability, in respect of a VHF radiotelephone, means that the radiotelephone is designed

  • (a) to monitor frequency 156.8 MHz (channel 16) while a listening watch is maintained on one other selected channel; and

  • (b) to cause channel 16 to override the selected channel when a signal is received on channel 16. (système de veille double)

  enhanced group call system

  enhanced group call system means a system for broadcasting messages by means of the INMARSAT-C mobile satellite communications system operated by INMARSAT. (système d’appel de groupe amélioré)

  EPIRB

  EPIRB means an emergency position indicating radiobeacon that meets the requirements of sections 25 and 26 of the Ship Station (Radio) Technical Regulations, 1999. (RLS)

  Great Lakes Basin

  Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec. (bassin des Grands Lacs)

  INMARSAT

  INMARSAT means the International Maritime Satellite Organization. (INMARSAT)

  international NAVTEX service

  international NAVTEX service means the coordinated broadcast of maritime safety information in the English language on the radio frequency of 518 kHz that is automatically received on any ship through NBDP. (service NAVTEX international)

  length

  length means overall length. (longueur)

  maritime safety information

  maritime safety information means navigational and meteorological warnings, meteorological forecasts and other urgent safety-related messages broadcast to ships. (renseignements sur la sécurité maritime)

  mile

  mile means the international nautical mile of 1 852 m. (mille)

  NAVTEX receiver

  NAVTEX receiver means a receiver that is capable of receiving an international NAVTEX service and that meets the requirements of section 24 of the Ship Station (Radio) Technical Regulations, 1999. (récepteur NAVTEX)

  NBDP

  NBDP means the process of message transmission known as narrow-band direct-printing telegraphy that uses the International Telegraph Alphabet Number 2 Code in such a way that receiving equipment automatically produces a printed version of the transmitted message. (IDBE)

  non-Canadian ship

  non-Canadian ship means a ship that is not a Canadian ship or a non-duty paid ship within the meaning of subsection 2(1) of the Coasting Trade Act. (navire non canadien)

  owner

  owner includes a charterer. (propriétaire)

  SART

  SART means a radar transponder designed for search and rescue purposes that meets the requirements of section 28 of the Ship Station (Radio) Technical Regulations, 1999. (répondeur SAR)

  sea area A1

  sea area A1, sea area A2, sea area A3 and sea area A4 have the meanings assigned in Chapter IV of the Safety Convention. (zone océanique A1,zone océanique A2,zone océanique A3etzone océanique A4)

  ship earth station

  ship earth station means a mobile earth station in the maritime mobile-satellite service located on board a ship. (station terrienne de navire)

  shipping safety control zone

  shipping safety control zone means an area of arctic waters prescribed as such under subsection 11(1) of the Arctic Waters Pollution Prevention Act. (zone de contrôle de la sécurité de la navigation)

  survival craft

  survival craft means a survival craft within the meaning of the Life Saving Equipment Regulations, the Large Fishing Vessel Inspection Regulations or the Small Fishing Vessel Inspection Regulations. (bateau de sauvetage)

  tow-boat

  tow-boat means a ship engaged in towing another ship or a floating object astern or alongside or in pushing another ship or a floating object ahead. (bâtiment remorqueur)

  Type A ship

  Type A ship has the meaning assigned in section 2 of the Arctic Shipping Pollution Prevention Regulations. (navire de type A)

  Vessel Traffic Services Zone

  Vessel Traffic Services Zone means a Vessel Traffic Services Zone prescribed in section 4 of the Vessel Traffic Services Zones Regulations. (zone de services de trafic maritime)

  VHF coverage area

  VHF coverage area means

  • (a) the Great Lakes;

  • (b) the Saguenay River downstream from Chicoutimi;

  • (c) the St. Lawrence River as far seaward as a straight line drawn

    • (i) from Cap-des-Rosiers to West Point, Anticosti Island, and

    • (ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° west;

  • (d) Puget Sound, State of Washington, U.S.A.; or

  • (e) all waters that are within a coverage radius of a Canadian Coast Guard or U.S. Coast Guard radio station providing a continuous maritime mobile distress and safety service on frequency 156.8 MHz (channel 16). (zone VHF)

• (2) In these Regulations, the classes of home-trade voyages and the classes of minor waters voyages have the meanings assigned in sections 4 and 6, respectively, of the Home-Trade, Inland and Minor Waters Voyages Regulations.

Application

• 2 (1) These Regulations apply in respect of a ship that is

  • (a) a Canadian ship navigating in any waters; or

  • (b) a non-Canadian ship engaged in the coasting trade, as defined in subsection 2(1) of the Coasting Trade Act.

• (2) Sections 4 to 8 and 15 also apply in respect of a non-Canadian ship while it is navigating in Canadian waters or a shipping safety control zone.

• (3) These Regulations do not apply in respect of

  • (a) a ship engaged on a minor waters voyage in waters other than the minor waters set out in the schedule, unless it is a ship carrying passengers;

  • (b) a non-self-propelled dredge or similar floating plant that is not located in or near a channel or fairway or any other place where it constitutes a hazard to ships;

  • (c) a tow-boat, if the tow-boat and its tow are located within a booming ground; or

  • (d) a pleasure craft.

  • (e) [Repealed, SOR/2005-128, s. 1]

Tow-boats

• 3 (1) A tow-boat that is not a Safety Convention ship and that is engaged in a towing operation outside the sea area in which it normally operates is not required to meet any additional radio equipment requirements for the area outside the sea area in which it normally operates if

  • (a) one of the ships engaged in the towing operation with the tow-boat meets the requirements for that sea area; or

  • (b) the towing operation is being undertaken in an emergency.

• (2) If a tow-boat and a vessel being pushed ahead are rigidly connected to form a composite unit, that unit shall be regarded as a single unit, the size of which is the aggregate of the two vessels composing the unit.

Safety Convention Ships

4 A Safety Convention ship shall be equipped with a ship station and radio equipment in accordance with Chapter IV of the Safety Convention.

Responsibility of Ship Owner

5 The owner of a ship shall ensure that the ship is equipped with a ship station and radio equipment in accordance with these Regulations and the Ship Station (Radio) Technical Regulations, 1999 before the ship undertakes a voyage.

Location of Ship Station

• 6 (1) A ship station shall be located on board a ship so as to

  • (a) maximize its safety and operational accessibility;

  • (b) enable the monitoring of the distress and safety frequencies, including maritime safety information and the sending of distress signals or distress alerts from the position from which the ship is normally navigated; and

  • (c) protect it from the harmful effects of water, extremes of temperature and other adverse environmental conditions.

• (2) A VHF radiotelephone referred to in subsection 7(1) and a VHF radio installation referred to in subsection 9(1) shall be accessible and its operation, including the selection of channels, possible from the ship’s conning position.

VHF Radiotelephones

• 7 (1) A ship shall be equipped with one non-portable VHF radiotelephone if the ship is

  • (a) a closed construction ship of more than 8 m in length;

  • (b) a ship carrying passengers that is engaged on a voyage any part of which is

    • (i) in a VHF coverage area, or

    • (ii) more than five miles from shore; or

  • (c) a tow-boat.

• (2) Unless a ship is equipped with two VHF radiotelephones, its VHF radiotelephone shall have dual watch capability if the ship is

  • (a) a ship that has a gross tonnage of 300 tons or more;

  • (b) a passenger ship that is 20 m or more in length, certified to carry more than 12 passengers and engaged on a voyage other than a home-trade voyage, Class IV, or a minor waters voyage, Class II; or

  • (c) a ship whose VHF radiotelephone was installed after April 28, 1996.

• (3) Despite paragraph (1)(b), a ship other than a closed construction ship that does not carry more than six passengers may carry a portable VHF radiotelephone that

  • (a) meets the requirements of section 7 of the Ship Station (Radio) Technical Regulations, 1999; and

  • (b) has a source of energy sufficient for the duration of the voyage.

Navigation Outside a VHF Coverage Area or Sea Area A1

• 7.1 (1) A ship carrying passengers that is engaged on a voyage any part of which is outside a VHF coverage area or sea area A1 shall be equipped with radio equipment capable of establishing continuous two-way communications with a Canadian Coast Guard Marine Communications and Traffic Services Centre or, if that is not possible, with another organization or person on shore that is providing communications with the ship.

• (2) Subsection (1) does not apply in respect of a ship engaged on a minor waters voyage during which it remains within two miles of shore, if it does not carry more than six passengers.

Navigation in the Great Lakes Basin

• 8 (1) A ship engaged on a voyage in the Great Lakes Basin shall be equipped with two non-portable VHF radiotelephones if the ship

  • (a) has a gross tonnage of 300 tons or more; or

  • (b) is a passenger ship that is 20 m or more in length, certified to carry more than 12 passengers and engaged on a voyage other than a home-trade voyage, Class IV, or a minor waters voyage, Class II.

• (2) Any other ship engaged on a voyage in the Great Lakes Basin shall be equipped with two VHF radiotelephones, one of which may be portable, if the ship

  • (a) is carrying more than six passengers; or

  • (b) is a tow-boat whose tow, excluding the tow line, is 20 m or more in length.

Digital Selective Calling (DSC)

• 9 (1) Instead of a VHF radiotelephone required by section 7, a ship engaged on a foreign voyage or a home-trade voyage shall be equipped with a VHF radio installation capable of receiving and transmitting voice communications and communications using DSC

  • (a) beginning on April 1, 2001, in the case of a ship that is not engaged on a voyage in a Vessel Traffic Services Zone and that

    • (i) has a gross tonnage of 300 tons or more, or

    • (ii) is 20 m or more in length and certified to carry more than 12 passengers; and

  • (b) beginning on the later of February 1, 2003 and the date that the VHF coverage areas on the east and west coasts of Canada are converted to sea areas A1, in the case of a ship that is

    • (i) a closed construction ship of more than 8 m in length,

    • (ii) a ship carrying more than six passengers,

    • (ii.1) a ship carrying fewer than six passengers, engaged on a home-trade voyage, Class I, a home-trade voyage, Class II, or a foreign voyage, or

    • (iii) a tow-boat.

• (2) Subsection (1) does not apply in respect of a ship engaged on a home-trade voyage, Class IV, in a Vessel Traffic Services Zone.

Navigation in Sea Area A2, Sea Area A3 and Sea Area A4

• 10 (1) A ship that is 20 m or more in length and certified to carry more than 12 passengers or a ship that has a gross tonnage of 300 tons or more shall be equipped

  • (a) if the ship is engaged on a voyage in sea area A2, with an MF radio installation capable of receiving and transmitting voice communications and communications using DSC;

  • (b) if the ship is engaged on a voyage in sea area A3,

    • (i) with an INMARSAT ship earth station and an MF radio installation capable of receiving and transmitting voice communications and communications using DSC, or

    • (ii) with an MF/HF radio installation capable of receiving and transmitting voice communications and communications using NBDP and DSC;

  • (c) if the ship is engaged on a voyage in sea area A4, with an MF/HF radio installation capable of receiving and transmitting voice communications and communications using NBDP and DSC; and

  • (d) if the ship is engaged on a voyage in an area of INMARSAT coverage in which an international NAVTEX service or a continuous VHF maritime mobile distress and safety service is not provided, with a radio installation capable of receiving maritime safety information sent by the INMARSAT enhanced group call system.

• (2) Paragraph (1)(d) does not apply in respect of a ship engaged on a voyage exclusively in an area where maritime safety information is provided through NBDP service on the HF band if the ship is equipped with radio equipment capable of receiving that service.

Navigation in the Gulf of St. Lawrence

11 Subsection 10(1) does not apply in respect of a ship engaged on a direct voyage through the Gulf of St. Lawrence beyond the VHF coverage area or beyond sea area A1, if the ship is equipped with

• (a) a NAVTEX receiver; and

• (b) radio equipment capable of establishing continuous two-way communications with a Canadian Coast Guard Marine Communications and Traffic Service Centre.

SARTs

12 One of the SARTs on a ship required by the Life Saving Equipment Regulations, the Large Fishing Vessel Inspection Regulations or the Small Fishing Vessel Inspection Regulations shall be stowed so that it is readily accessible for immediate use on the ship.

EPIRBs

• 13 (1) A ship that is not a tug shall be equipped with an EPIRB

  • (a) in the case of a ship that is 20 m or more in length and engaged on a voyage other than a home-trade voyage, Class IV, or a minor waters voyage;

  • (b) in the case of a ship that has a gross tonnage of 15 tons or more, is less than 20 m in length and is engaged on a home-trade voyage, Class I, a home-trade voyage, Class II, or a foreign voyage;

  • (b.1) in the case of a ship carrying passengers that is engaged on a home-trade voyage, Class I, a home-trade voyage, Class II, or a foreign voyage; and

  • (c) beginning on April 1, 2002, in the case of a ship that has a gross tonnage of less than 15 tons, is 8 m or more in length and is engaged on a home-trade voyage, Class I, a home-trade voyage, Class II, or a foreign voyage.

• (2) A tug that has a gross tonnage of more than five tons shall be equipped with an EPIRB if the tug is engaged on a voyage other than

  • (a) a home-trade voyage, Class IV;

  • (b) a minor waters voyage; or

  • (c) in the case of a tug that is less than 20 m in length, a voyage of not more than 50 miles during which the tug remains within either

    • (i) two miles of shore, or

    • (ii) 20 miles of the nearest place of refuge.

• (3) An EPIRB required by these Regulations shall be located on board a ship in a manner and in a place that would allow it

  • (a) in the case of a ship that has a gross tonnage of 15 tons or more or a tug, to float free should the ship sink;

  • (b) to be readily accessible near the position from which the ship is normally navigated, unless it can be activated by remote control from that position; and

  • (c) to be manually released and carried into a survival craft.

International NAVTEX Service

• 14 (1) A ship that is engaged on a voyage in an area where an international NAVTEX service is provided shall be equipped with a NAVTEX receiver when the ship is making a voyage beyond the limits of a VHF coverage area.

• (2) Subsection (1) applies in respect of a ship that is

  • (a) a passenger ship;

  • (b) a fishing vessel of 24 m or more in length;

  • (c) a tow-boat with a gross tonnage of 150 tons or more; or

  • (d) any other ship with a gross tonnage of 300 tons or more.

Navigation in the Arctic

• 15 (1) No ship shall navigate in a shipping safety control zone unless the ship meets the requirements of these Regulations and the Ship Station (Radio) Technical Regulations, 1999.

• (2) An Arctic class ship or a Type A ship navigating in a shipping safety control zone,except in zones 14 to 16 as prescribed in section 3 of the Shipping Safety Control Zones Order, shall be equipped with a radio facsimile terminal.

• (3) The radio facsimile terminal shall be capable of receiving transmissions of ice information from radio stations and ice reconnaissance aircraft in the area in which the ship is navigating.

Search and Rescue VHF Radio Direction-finding Apparatus

16 The following ships shall be equipped with a search and rescue VHF radio direction-finding apparatus:

• (a) a government ship used for search and rescue; and

• (b) a standby vessel used to provide transport or assistance to employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas.

Documents, Publications and other Equipment

• 17 (1) A ship shall have on board and readily available the following documents and publications:

  • (a) the radio operator certificate for each of its radio operators; and

  • (b) at the main operating position of the ship station,

    • (i) a publication that lists the coast stations, the services provided by those stations and the frequencies used in the area in which the ship is navigating, and

    • (ii) the radio inspection certificate for the ship station.

• (2) A ship that is engaged on an international voyage any part of which is in sea area A3 or A4 and is certified to carry more than 12 passengers or has a gross tonnage of 300 tons or more shall have, at the main operating position of a ship station,

  • (a) the documents listed in Section VA of Appendix 11 of the International Telecommunication Union publication entitled Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services; and

  • (b) the International Maritime Organization publication entitled Master Plan of Shore-based Facilities for the Global Maritime Distress and Safety System (GMDSS Master Plan).

• (3) A ship that is engaged on an international voyage in sea area A1 or A2 and is certified to carry more than 12 passengers or has a gross tonnage of 300 tons or more shall have, at the main operating position of a ship station, the International Telecommunication Union publication entitled

  • (a) List of Ship Stations;or

  • (b) List of Call Signs and Numerical Identities.

18 The main operating position of a ship station shall have

• (a) a card of instructions, visibly displayed, setting out a clear summary of the radio distress procedures;

• (b) the following items, stored so as to be easily accessible:

  • (i) instructions to enable the radio equipment to be properly operated, and

  • (ii) the instructions, replacement parts and tools necessary to carry out routine maintenance and checks on the radio equipment, as recommended by the manufacturer or required by the Ship Station (Radio) Technical Regulations, 1999, that may be performed by persons who are not radio technicians; and

• (c) a visibly displayed, reliable and accurate device for indicating time.

Spare Antenna

19 If a ship of 20 m or more in length is equipped with only one VHF radiotelephone, the ship shall be equipped with a spare antenna accompanied by sufficient interconnecting cable to permit the fast replacement of the main antenna without retuning.

• 20 (1) A ship station on board a ship that is 20 m or more in length or is engaged on a voyage north of 65° north latitude shall be equipped with a spare antenna that is fully assembled so as to permit the fast replacement of the main antenna without retuning unless the ship station

  • (a) is fully duplicated; or

  • (b) has a rigid, self-supporting antenna that is bolted or otherwise securely fixed to the ship by means of a bulkhead mount, a heavy base plate or a flange.

Sources of Electrical Energy

21 A ship shall be equipped with a supply of electrical energy sufficient to operate its ship station and to charge any batteries used as part of the reserve source of energy for the ship station.

• 22 (1) A ship that is 20 m or more in length, a passenger ship carrying more than six passengers or a tow-boat shall have

  • (a) a reserve source of energy that meets the requirements of the Ship Station (Radio) Technical Regulations, 1999, and that is sufficient to supply its ship station for the purpose of conducting distress and safety communications in the event of a failure of the main and emergency sources of electrical energy; and

  • (b) a permanent means, independent of the main and emergency sources of electrical energy, for internally or externally lighting the radio controls necessary for the operation of its ship station.

• (2) Subsection (1) does not apply in respect of a passenger ship carrying more than six passengers or a tow-boat, if it is

  • (a) less than 20 m in length;

  • (b) navigating in a VHF coverage area; and

  • (c) equipped with a survival craft VHF radiotelephone apparatus that meets the requirements of section 30 of the Ship Station (Radio) Technical Regulations, 1999.

Repeal

23 [Repeal]

Coming into Force

24 These Regulations come into force on April 1, 2001.