Northern Canada Vessel Traffic Services Zone Regulations (SOR/2010-127)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canada Shipping Act, 2001. (Loi)

berth

berth includes a wharf, a pier, an anchorage and a mooring buoy. (poste d’amarrage)

dangerous goods

dangerous goods means the substances, materials and articles covered by the International Maritime Dangerous Goods Code. (marchandises dangereuses)

NORDREG Zone

NORDREG Zone means the Northern Canada Vessel Traffic Services Zone established under section 2. (zone NORDREG)

oil

oil has the same meaning as in section 165 of the Act. (hydrocarbures)

pollutant

pollutant has the same meaning as in section 185 of the Act. (polluant)

SOLAS

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)

Northern Canada Vessel Traffic Services Zone

Marginal note:Prescribed zone

2 The Northern Canada Vessel Traffic Services Zone is established. It consists of

• (a) the shipping safety control zones prescribed by the Shipping Safety Control Zones Order;

• (b) the waters of Ungava Bay, Hudson Bay and Kugmallit Bay that are not in a shipping safety control zone;

• (c) the waters of James Bay;

• (d) the waters of the Koksoak River from Ungava Bay to Kuujjuaq;

• (e) the waters of Feuilles Bay from Ungava Bay to Tasiujaq;

• (f) the waters of Chesterfield Inlet that are not within a shipping safety control zone, and the waters of Baker Lake; and

• (g) the waters of the Moose River from James Bay to Moosonee.

Prescribed Classes of Vessels

Marginal note:Subsections 126(1) and (3) of the Act

3 The following vessels are prescribed as classes of vessels for the purposes of subsections 126(1) and (3) of the Act in respect of the NORDREG Zone:

• (a) vessels of 300 gross tonnage or more;

• (b) vessels that are engaged in towing or pushing another vessel, if the combined gross tonnage of the vessel and the vessel being towed or pushed is 500 gross tonnage or more; and

• (c) vessels that are carrying as cargo a pollutant or dangerous goods, or that are engaged in towing or pushing a vessel that is carrying as cargo a pollutant or dangerous goods.

Obligation

Marginal note:Master

4 The master of a vessel of a class prescribed by section 3 must ensure that the requirements of sections 5 to 10 are met in respect of the vessel.

Reports

Marginal note:Type of report

• 5 (1) Every report required by any of sections 6 to 9 must begin with the term “NORDREG” and be followed by whichever of the following two letters corresponds to the report:

  • (a) “SP”, in the case of a sailing plan report;

  • (b) “PR”, in the case of a position report;

  • (c) “FR”, in the case of a final report;

  • (d) “DR”, in the case of a deviation report.

• Marginal note:Content of report

  (2) The report must include the applicable designators required by sections 6 to 9 and set out in column 1 of the schedule, followed by the information that is about the subject set out in column 2 and that is specified in column 3.

Marginal note:Sailing plan report

• 6 (1) A sailing plan report must be provided

  • (a) when a vessel is about to enter the NORDREG Zone;

  • (b) more than one hour but not more than two hours before a vessel departs from a berth within the NORDREG Zone, unless the vessel is moving to another berth in the same port; and

  • (c) immediately before a vessel gets underway within the NORDREG Zone, if the vessel

    • (i) has been stranded,

    • (ii) has stopped as a result of a breakdown in the main propulsion or steering system, or

    • (iii) has been involved in a collision.

• Marginal note:Designators

  (2) The sailing plan report must include

  • (a) in the circumstances set out in paragraph (1)(a), the designators A, B, either C or D, E, F, G, H, I, L, O, P, Q, S, T, W and X;

  • (b) in the circumstances set out in paragraph (1)(b), the designators A, B, either C or D, H, I, L, O, P, Q, S, T, W and X; and

  • (c) in the circumstances set out in paragraph (1)(c), the designators A, B, either C or D, I, L, O, P, Q, S, T, W and X.

• Marginal note:Exception to paragraph (2)(a)

  (3) If the vessel is about to enter the NORDREG Zone directly from the Eastern Canada Vessel Traffic Services Zone and has obtained a clearance issued under paragraph 126(3)(a) of the Act with respect to that zone, the designators O, Q and T do not need to be included.

• Marginal note:Exception to paragraphs (2)(b) and (c)

  (4) In the case of a report required by paragraph (1)(b) or (c), the designators O, P, Q, S, T, W and X do not need to be included if the corresponding information specified in column 3 of the schedule has not changed since the previous sailing plan report.

Marginal note:Position report

• 7 (1) A position report must be provided

  • (a) immediately after a vessel enters the NORDREG Zone; and

  • (b) daily at 1600 Coordinated Universal Time (UTC), if a vessel is underway within the NORDREG Zone, unless the information required by regulation 19-1, Long-range identification and tracking of ships, of Chapter V of SOLAS, is being transmitted in accordance with that regulation.

• Marginal note:Additional position report

  (2) A position report must also be provided as soon as feasible after a vessel’s master becomes aware of any of the following, if the vessel is within or about to enter the NORDREG Zone:

  • (a) another vessel in apparent difficulty;

  • (b) any obstruction to navigation;

  • (c) an aid to navigation that is not functioning properly or is damaged, out of position or missing;

  • (d) any ice or weather conditions that are hazardous to safe navigation; and

  • (e) a pollutant in the water.

• Marginal note:Designators

  (3) The position report must include the following designators:

  • (a) A, B, either C or D, E, F and S; and

  • (b) X, in the case of a position report required by subsection (2).

Marginal note:Final report

• 8 (1) A final report must be provided

  • (a) on the arrival of a vessel at a berth within the NORDREG Zone; and

  • (b) immediately before a vessel exits the NORDREG Zone.

• Marginal note:Designators

  (2) The final report must include the designators A and K.

Marginal note:Deviation report

• 9 (1) A deviation report must be provided when

  • (a) a vessel’s position varies significantly from the position that was expected based on the sailing plan report; or

  • (b) a vessel’s intended voyage changes from the sailing plan report.

• Marginal note:Designators

  (2) The deviation report must include

  • (a) the designators A, B, and either C or D; and

  • (b) the other designators included in the sailing plan report, if the corresponding information specified in column 3 of the schedule has changed since that report.

Marginal note:Address of report

10 Every report must be addressed to NORDREG CANADA and be provided to one of the Marine Communications and Traffic Services Centres that is designated by the Canadian Coast Guard to receive the report.

Coming into Force

Marginal note:July 1, 2010

11 These Regulations come into force on July 1, 2010.