Navigation Safety Regulations, 2020 (SOR/2020-216)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

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

AIS

AIS means an automatic identification system. (AIS)

competent authority

competent authority means

• (a) a government that is a party to the Safety Convention;

• (b) a society or association for the classification and registry of vessels recognized by a government referred to in paragraph (a); or

• (c) a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets applicable standards specified in these Regulations. (autorité compétente)

ECDIS

ECDIS means an electronic chart display and information system. (SVCEI)

fishing vessel

fishing vessel means a vessel engaged in commercial fishing. (bâtiment de pêche)

floating plant

floating plant includes any type of manned barge, scow or similar watercraft that is used for river or harbour improvements, salvage, scientific work, cargo handling, exploration or exploitation of mineral resources, or other similar operations. (installation flottante)

GNSS receiver

GNSS receiver means a receiver for a global navigation satellite system. (récepteur GNSS)

Great Lakes Basin

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

IEC

IEC means the International Electrotechnical Commission. (CEI)

IMO

IMO means the International Maritime Organization. (OMI)

inland voyage

inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

international voyage

international voyage means a voyage between a port in one country and a port in another country, but does not include a voyage solely in the Great Lakes Basin. (voyage international)

length

length in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur)

Minister

Minister means the Minister of Transport. (ministre) 

nautical mile

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

navigational warning

navigational warning means an urgent release broadcast or publication by the Canadian Coast Guard to provide marine information. (avertissement de navigation)

near coastal voyage, Class 1

near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

near coastal voyage, Class 2

near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)

Notices to Mariners

Notices to Mariners means notices published by the Canadian Coast Guard to provide marine information, and corrections and updates to nautical charts and publications. (Avis aux navigateurs)

passenger vessel

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

person in charge of the deck watch

person in charge of the deck watch means a person who has immediate charge of the navigation, manoeuvring or operation of a vessel, but does not include a pilot. (officier de quart à la passerelle)

routing system

routing system has the same meaning as in subsection 1(1) of the Collision Regulations. (système d’organisation du trafic)

Safety Convention

Safety Convention means the International Convention for the Safety of Life at Sea 1974 listed in Schedule 1 of the Act. (Convention sur la sécurité)

sheltered waters voyage

sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)

SOLAS

SOLAS means the Safety Convention and the Protocol of 1988 relating to that Convention. (SOLAS)

towboat

towboat means a vessel that is engaged in a towing operation. (bâtiment remorqueur)

towing operation

towing operation means the activity of pulling another vessel or a floating object astern or alongside or pushing another vessel or a floating object ahead. (opération de remorquage)

unlimited voyage

unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

Marginal note:Composite unit

• 2 (1) For the purposes of these Regulations, a composite unit of a pushing vessel and a pushed vessel that are rigidly connected and designed as a dedicated and integrated tug-and-barge combination is considered to be a single vessel that is not a towboat, the length and gross tonnage of which is the aggregate length and gross tonnage of the two vessels composing the unit.

• Marginal note:Documents — amended from time to time

  (2) Any reference in the Regulations to a document is a reference to the document as amended from time to time, except when the reference is to the document as it read on a specified date.

• Marginal note:Incorporated documents — meaning of “should”

  (3) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are to be considered mandatory.

• Marginal note:Incorporated documents — meaning of “ship”

  (4) For the purpose of interpreting a document incorporated by reference into these Regulations, “ship” is to be read as “vessel”.

• Marginal note:Incorporated documents — exclusion of certain expressions

  (5) A document incorporated by reference into these Regulations is to be read without reference to the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “or other means”, “satisfactory to the Administration” and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.

• Marginal note:Interpretation — vessel date of construction

  (6) For the purposes of these Regulations, the date of construction of a vessel is the earliest of the dates on which

  • (a) its keel is laid,

  • (b) construction of the vessel begins, and

  • (c) the assembly of the vessel has reached the lesser of 50 tonnes and 1% of the estimated mass of all structural material of the vessel.

Marginal note:Definition of vessel under the Act

3 For the purposes of these Regulations, barges that are not self-propelled are prescribed as a class of floating object that is excluded from the definition of vessel in section 2 of the Act.

General Requirements

Marginal note:Compliance

4 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.

Marginal note:General requirement

• 5 (1) Unless under force majeure or to save life or property, the master of a vessel must ensure that the vessel does not engage on a voyage unless it is fitted with the equipment required under these Regulations.

• Marginal note:Effective operating condition

  (2) The master and authorized representative of a vessel must take all reasonable steps to ensure that all equipment required under these Regulations is installed, tested and maintained in a manner that ensures it is in effective operating condition.

• Marginal note:Effective operating condition — restoration

  (3) If any equipment required by these Regulations ceases to be in effective operating condition, the master of the vessel must, as soon as possible, restore the equipment to an effective operating condition.

• Marginal note:Voyage to repair facilities

  (4) If the vessel is in a port where repair facilities to restore the equipment to an effective operating condition are not readily available, the master must plan and execute a safe voyage to a port where such facilities are readily available, taking into account the fact that the equipment is not in effective operating condition.

Marginal note:Section 112 of the Act — shore station

• 6 (1) For the purposes of section 112 of the Act, the authority on shore that must be notified of a direct danger to navigation is the shore station for the area in which the vessel is navigating.

• Marginal note:Procedures for giving notice to vessels

  (2) A master who gives notice under section 112 of the Act to all vessels in the vicinity and the shore station must give the notice in accordance with the danger message reporting procedures set out in Section A5, entitled Navigation Safety, of the annual edition of Notices to Mariners.

[7 to 99 reserved]

PART 1Marine Navigation

Application

Marginal note:Application

• 100 (1) This Part applies in respect of the following vessels:

  • (a) Canadian vessels everywhere; and

  • (b) vessels that are not Canadian vessels and that are in Canadian waters.

• Marginal note:Activities related to oil or gas

  (2) This Part applies in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in

  • (a) section 3 of the Canada Oil and Gas Operations Act;

  • (b) subsection 8(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act; or

  • (c) subsection 8(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

DIVISION 1Maintenance and Standards

Marginal note:Standards

• 101 (1) Every type of equipment referred to in column 1 of Schedule 1 with which a vessel of 150 gross tonnage or more is fitted to comply with this Part and every AIS that is fitted on a vessel to which this Part applies must be type approved by a competent authority as meeting the following standards:

  • (a) the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids;

  • (b) the testing standards set out in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results; and

  • (c) every standard set out in columns 2 to 4 of Schedule 1 for the equipment or AIS.

• Marginal note:Exception — equivalent standard

  (2) The equipment and the AIS may be of a type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) instead of the standards referred to in that paragraph.

• Marginal note:Type approval

  (3) The type approval must be evidenced by a label or a document issued by the competent authority.

• Marginal note:Placement of document or label

  (4) The type approval must be

  • (a) if it is evidenced by a label, securely affixed to the equipment in a readily visible location; and

  • (b) if it is evidenced by a document, kept in a readily accessible location on board the vessel.

• Marginal note:English or French translation

  (5) If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

• Marginal note:Equipment that is not required

  (6) Subsections (1) to (5) apply in respect of equipment that is fitted on a vessel even if the equipment is not required to be fitted on the vessel under this Part, if

  • (a) performance standards for that equipment are specified in Schedule 1;

  • (b) the vessel is of 500 gross tonnage or more and engaged on a voyage other than a sheltered waters voyage;

  • (c) the vessel is not a fishing vessel; and

  • (d) the equipment was fitted on or after July 1, 2002.

• Marginal note:Grandfathering

  (7) Paragraphs (1)(b) and (c) and subsections (2) to (4) do not apply to equipment referred to in column 1 of Schedule 2 that was fitted before July 1, 2002, if the equipment is of a type approved by a competent authority as meeting the following standards:

  • (a) the performance standards set out in the Annex to IMO resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids; and

  • (b) the standards set out in column 2 of Schedule 2 for that equipment.

Marginal note:Maintenance record

• 102 (1) Every Canadian vessel of 150 gross tonnage or more that is engaged on an international voyage and every Canadian vessel of 500 gross tonnage or more must keep on board a maintenance record for the equipment required under this Part that shows all periodic testing and servicing, all defects, repairs and parts replacements and the dates and locations of each event and the personnel involved.

• Marginal note:Manuals

  (2) Every vessel must keep on board the manufacturer’s operating and maintenance manuals for the equipment that it must be fitted with under this Part.

• Marginal note:Spare parts

  (3) Every vessel that is engaged on a voyage other than a sheltered waters voyage must carry the spare parts recommended by the manufacturer or by the operating or maintenance manuals for the equipment that it must be fitted with under this Part.

DIVISION 2Equipment Required for Vessels Subject to Chapter V of SOLAS

Marginal note:Application

• 103 (1) This Division applies in respect of the following vessels:

  • (a) Canadian vessels of 150 gross tonnage or more but less than 500 gross tonnage that are engaged on an international voyage;

  • (b) Canadian vessels of 500 gross tonnage or more; and

  • (c) foreign vessels that are subject to Chapter V of SOLAS.

• Marginal note:Application — exceptions

  (2) Despite subsection (1), this Division does not apply in respect of the following Canadian vessels:

  • (a) fishing vessels;

  • (b) cable ferries;

  • (c) pleasure crafts; or

  • (d) vessels operating exclusively in the waters of the Great Lakes, their connecting and tributary waters, and the waters of the St. Lawrence River as far seaward as a straight line drawn

    • (i) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island, and

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

Marginal note:Compliance

• 104 (1) Subject to subsections (2) to (5), an authorized representative of a vessel must ensure that the following requirements are met in respect of the vessel:

  • (a) for a Canadian vessel, the requirements set out in Regulations 15 to 19 and 20 to 35 of Chapter V of SOLAS, except the requirements of Regulation 19.2.4; and

  • (b) for a foreign vessel, the requirements set out in Chapter V of SOLAS.

• Marginal note:Regulation 18 of Chapter V of SOLAS — type approval

  (2) For the purposes of this section, the words “type approved by the Administration” used in Regulation 18 of Chapter V of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

• Marginal note:Exception — Regulation 18.9 of Chapter V of SOLAS

  (3) A Canadian vessel of 500 gross tonnage or more must comply with Regulation 18.9 of Chapter V of SOLAS only if it is engaged on an international voyage.

• Marginal note:Exception — Regulation 19.2.2.3 of Chapter V of SOLAS

  (4) The requirements set out in Regulation 19.2.2.3 of Chapter V of SOLAS do not apply

  • (a) to a ferry that engages solely on voyages of less than five nautical miles; and

  • (b) until January 1, 2022, to a vessel other than a vessel referred to in paragraph (a), if the vessel engages solely on voyages that are not international voyages.

• Marginal note:Exception — Regulation 19.2.7.1 of Chapter V of SOLAS

  (5) For the purposes of this section, Regulation 19.2.7.1 of Chapter V of SOLAS must be read without reference to “or, where considered appropriate by the Administration, a second 9 GHz radar”.

DIVISION 3Equipment Required for Vessels Not Subject to Chapter V of SOLAS

Marginal note:Non-application

105 This Division does not apply in respect of the following vessels:

• (a) a vessel that is subject to the requirements of Division 2 of this Part;

• (b) a vessel constructed before July 1, 2002 that meets the requirements set out in Part 2 of the Navigation Safety Regulations as they read on the day before the day on which this section came into force and, if the vessel is of 150 gross tonnage or more and is fitted with equipment referred to in column 1 of Schedule 2 of these Regulations before July 1, 2002, whose equipment is of a type approved by a competent authority as meeting

  • (i) the performance standards set out in the Annex to IMO resolution A.281(VIII), Recommendation on General Requirements for Electronic Navigational Aids,

  • (ii) the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids, and

  • (iii) the standards set out in column 2 of Schedule 2 for that equipment; and

• (c) a foreign vessel that is a fishing vessel and that has on board documentation issued by the government of the state whose flag the vessel is entitled to fly certifying that the vessel meets the requirements set out in Chapter X of Annex 25 to IMO document MSC 92/26/Add.2, International Regulations for the Safety of Fishing Vessels relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977.

Marginal note:Standard magnetic compasses

• 106 (1) Every vessel, except the following vessels, must be fitted with a standard magnetic compass, independent of any power supply, that can be used to determine the vessel’s heading and to display the reading at the main steering position:

  • (a) vessels that are 8 m or less in length and navigate within sight of navigation marks; and

  • (b) cable ferries.

• Marginal note:Exception — vessels less than 150 gross tonnage

  (2) Despite subsection (1), a vessel of less than 150 gross tonnage may be fitted with

  • (a) a steering magnetic compass if the vessel is not engaged on an international voyage; or

  • (b) a steering magnetic compass and a gyro-compass if the vessel is engaged on an international voyage.

• Marginal note:Exception — vessels from 150 to 500 gross tonnage

  (3) Despite subsection (1), a vessel that is of 150 gross tonnage or more but less than 500 gross tonnage may be fitted with

  • (a) if the vessel is engaged on a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2 and if the voyage is not an international voyage, a steering magnetic compass; and

  • (b) if the vessel is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage, a steering magnetic compass and a gyro-compass.

• Marginal note:Compensation

  (4) Every magnetic compass must be properly compensated and its table or curve of residual deviations must be available on board in the vicinity of the compass.

• Marginal note:Means of correction

  (5) Every vessel that is fitted with a magnetic compass, except pleasure crafts of less than 150 gross tonnage, must be fitted with a means of correcting heading and bearings to true at all times.

• Marginal note:Means of communication

  (6) Every vessel that is fitted with a standard magnetic compass must be fitted with a means of communication between the standard magnetic compass position and the position from which the vessel is normally navigated.

Marginal note:Sound reception systems

107 Every vessel that has a totally enclosed bridge must be fitted with a sound-reception system that can be used to enable the person in charge of the deck watch to hear sound signals and determine their direction.

Marginal note:Means of communicating

108 Every vessel with an emergency steering position must be fitted with a two-way voice communication system that can be used to communicate heading information to that position.

Marginal note:Vessels of 150 gross tonnage or more

• 109 (1) Every vessel of 150 gross tonnage or more must be fitted with the following equipment:

  • (a) a GNSS receiver referred to in item 8, column 1, of Schedule 1 that can be used at all times throughout the intended voyage to establish and update the vessel’s position by electronic means;

  • (b) a pelorus or compass bearing device, independent of any power supply, to take bearings over an arc of the horizon of 360°, if the vessel is engaged on a near coastal voyage, Class 1, an unlimited voyage or an international voyage;

  • (c) a spare magnetic compass that is interchangeable with the magnetic compass referred to in section 106; and

  • (d) a daylight signalling lamp to communicate by light signals during the day and during the night using a source of electrical energy not solely dependent on the vessel’s main power supply, if the vessel is engaged on an international voyage.

• Marginal note:Exception

  (2) Despite paragraph (1)(a), a vessel may be fitted with a GNSS receiver that is not referred to in item 8, column 1, of Schedule 1, if

  • (a) the receiver provides a level of safety that is equivalent to or higher than that of the receivers set out in item 8, column 1, of Schedule 1;

  • (b) there are IMO performance standards and IEC test standards that apply to the receiver; and

  • (c) the receiver has been type approved by a competent authority as meeting those standards.

Marginal note:Vessels of 300 gross tonnage or more

110 Every vessel of 300 gross tonnage or more must be fitted with the following equipment:

• (a) echo-sounding equipment to measure and display the available depth of water;

• (b) a 9-GHz radar to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;

• (c) unless it is engaged on a sheltered waters voyage, a speed-and-distance measuring device to indicate speed and distance travelled through the water; and

• (d) if the vessel is less than 500 gross tonnage,

  • (i) an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets and that is connected to a device to indicate speed and distance travelled through the water, and

  • (ii) a transmitting heading device or a gyro-compass to transmit heading information for input to the equipment referred to in subparagraph (i) and paragraph (b).

Marginal note:Vessels of 500 gross tonnage or more

111 Every vessel of 500 gross tonnage or more must be fitted with the following equipment:

• (a) rudder, propeller, thrust, pitch and operational mode indicators, or other means that can be used to determine and display, in a manner readable from the conning position, the rudder angle, propeller revolutions, the force and direction of thrust and, if applicable, the force and direction of lateral thrust and the pitch and operational mode of the propellers;

• (b) an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets and that is connected to a device to indicate speed and distance travelled through the water; and

• (c) in the case of a vessel engaged on a voyage other than a sheltered waters voyage,

  • (i) a gyro-compass to determine and display its heading by shipborne non-magnetic means and to transmit heading information for input to the equipment referred to in paragraphs (b) and 110(b) and, if applicable, paragraph 113(a),

  • (ii) a gyro-compass heading repeater to visually supply heading information at the emergency steering position, if such a position is on board,

  • (iii) a gyro-compass bearing repeater to take bearings over an arc of the horizon of 360º using the gyro-compass referred to in subparagraph (i) or, in the case of a vessel of less than 1 600 gross tonnage, as close as possible to 360º, and

  • (iv) a daylight signalling lamp to communicate by light signals during the day and during the night using a source of electrical energy that is not solely dependent on the vessel’s main power supply.

Marginal note:Vessels of 3 000 gross tonnage or more

112 Every vessel of 3 000 gross tonnage or more must be fitted with the following equipment:

• (a) in addition to and functionally independent of the radar referred to in paragraph 110(b), a 3-GHz or 9-GHz radar that can be used to determine and display the range and bearing of other surface craft, obstructions, buoys, shorelines and navigational marks; and

• (b) if the vessel is less than 10 000 gross tonnage, in addition to and functionally independent of the automatic tracking aid or automatic radar plotting aid referred to in paragraph 111(b), an automatic tracking aid to automatically plot the range and bearing of targets in order to determine collision risk, or an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets that is connected to a device to indicate speed and distance travelled through the water.

Marginal note:Vessels of 10 000 gross tonnage or more

113 Every vessel of 10 000 gross tonnage or more must be fitted with the following equipment:

• (a) in addition to and functionally independent of the aids required under paragraph 111(b), an automatic radar plotting aid to automatically plot the range and bearing of at least 20 targets that is connected to a device to indicate speed and distance travelled through the water; and

• (b) if the vessel is engaged on a voyage other than a sheltered waters voyage, a heading or track control system to automatically control, and keep to, a heading or straight track.

Marginal note:Vessels of 50 000 gross tonnage or more

114 Every vessel of 50 000 gross tonnage or more must be fitted with the following equipment:

• (a) a rate-of-turn indicator to determine and display the rate of turn; and

• (b) in addition to the device required by paragraph 110(c), a speed-and-distance measuring device to indicate the speed and distance over the ground in the forward and athwartships direction.

DIVISION 4Additional Equipment

Marginal note:Voyage data recorder — vessel constructed after 2011

• 115 (1) A Canadian vessel that is not engaged on an international voyage must be fitted with a voyage data recorder (VDR) if the vessel was constructed on or after January 1, 2012 and is

  • (a) a passenger vessel of 500 gross tonnage or more; or

  • (b) a vessel of 3 000 gross tonnage or more that does not engage solely on voyages in the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far seaward as a straight line drawn

    • (i) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island, and

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

• Marginal note:Voyage data recorder — vessel constructed before 2012

  (2) A Canadian vessel that is not engaged on an international voyage must be fitted with a VDR or a simplified voyage data recorder (S-VDR) if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

• Marginal note:Exceptions

  (3) Subsections (1) and (2) do not apply in respect of

  • (a) pleasure craft;

  • (b) fishing vessels; and

  • (c) passenger vessels, other than ferries, that are engaged solely on sheltered waters voyages and operate during fewer than six months in a year.

Marginal note:Voyage data recorder — performance tests

• 116 (1) On installation of a voyage data recorder (VDR) or a simplified voyage data recorder (S-VDR) on a vessel, and each subsequent year after the date of installation, a performance test must be carried out in accordance with paragraph 2 and the Appendix to the Annex to IMO circular MSC.1/Circ.1222, Guidelines on Annual Testing of Voyage Data Recorders (VDR) and Simplified Voyage Data Recorders (S-VDR) by the manufacturer or a person authorized by the manufacturer.

• Marginal note:Subsection 13(1) of Vessel Safety Certificates Regulations

  (2) In the case of a vessel that is required under section 115 to be fitted with a VDR, the annual performance test referred to in subsection (1) may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 13(1) of the Vessel Safety Certificates Regulations if the period between tests does not exceed

  • (a) 15 months, in the case of a passenger vessel; and

  • (b) 18 months, in the case of any other vessel.

• Marginal note:Performance test certificate

  (3) A copy of the most recent annual performance test certificate delivered by the person who completed the performance test must be kept on board the vessel.

• Marginal note:Language of certificates

  (4) If an annual performance test certificate is written in a language other than English or French, it must be accompanied by an English or French translation.

Marginal note:ECDIS

117 The following Canadian vessels, except cable ferries and pleasure crafts, that are constructed on or after the day on which this section comes into force must be fitted with an ECDIS:

• (a) passenger vessels of 500 gross tonnage or more; and

• (b) all other vessels of 3 000 gross tonnage or more.

Marginal note:AIS Class A

• 118 (1) The following vessels must be fitted with an AIS Class A:

  • (a) vessels that are 20 m or more in length, other than pleasure crafts;

  • (b) vessels that carry more than 50 passengers;

  • (c) vessels transporting substances, materials or articles to which the International Maritime Dangerous Goods Code, published by the IMO, applies;

  • (d) vessels carrying pollutants, as defined in section 165 of the Act, in bulk;

  • (e) dredges or floating plants that are located in any place where they constitute a collision hazard to other vessels; and

  • (f) towboats that are 8 m or more in length.

• Marginal note:AIS Class A or B

  (2) Every vessel, other than a vessel referred to in subsection (1), that is engaged on a voyage other than a sheltered waters voyage must be fitted with an AIS Class A or an AIS Class B if

  • (a) it is a passenger vessel; or

  • (b) the vessel is 8 m or more in length and carries a passenger.

• Marginal note:Graphic display

  (3) Every vessel referred to in subsection (1) must be fitted with a means of displaying graphically the relative ranges and bearings received by the AIS.

• Marginal note:Transmitting heading device or gyro-compass

  (4) If an AIS Class A is fitted on a vessel and if the vessel is also fitted with a transmitting heading device or with a gyro-compass, they must be connected for transmitting heading information to the AIS.

• Marginal note:Period of operation

  (5) Every vessel referred to in subsections (1) and (2) must keep the AIS in operation for at least 30 minutes immediately before departure and for the entire duration of the voyage.

• Marginal note:Exceptions — period of operation

  (6) Subsection (5) does not apply

  • (a) where international agreements, rules or standards provide for the protection of navigational information; or

  • (b) in respect of vessels, other than vessels operated for a commercial purpose, owned or operated by Her Majesty in right of Canada or by a foreign government that is a party to SOLAS.

Marginal note:Pilot transfer

119 Every vessel that is engaged on a voyage that will likely require the services of a licensed pilot must meet the requirements respecting pilot transfer equipment and arrangements set out in Section B, entitled Pilotage Services in Canadian Waters, of the annual edition of Notices to Mariners.

Marginal note:Internal communication system

• 120 (1) Every Canadian vessel of 300 gross tonnage or more must be fitted with a two-way voice communication system.

• Marginal note:System usage requirements

  (2) The system must be capable of being used between any two of the following locations, in a normal ambient noise condition for each location:

  • (a) at the principal conning position;

  • (b) at working stations, including the mooring positions;

  • (c) at a position close to the main engine controls in the engine room;

  • (d) at the emergency steering position; and

  • (e) in the master’s accommodation and the chief engineer’s accommodation.

• Marginal note:Independent energy source

  (3) The system must be capable of operating independently of the vessel’s main source of electrical energy for at least 12 hours.

Marginal note:Searchlights

• 121 (1) The following vessels must be fitted with two searchlights:

  • (a) vessels that are designed and constructed to engage in towing operations, of more than 5 gross tonnage, except vessels that engage in towing operations only to salvage logs;

  • (b) fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed on or after September 1, 1984; and

  • (c) Canadian vessels of more than 150 gross tonnage that are navigating in ice that might cause substantial damage to the vessel.

• Marginal note:Fishing vessels constructed before September 1, 1984

  (2) Fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed before September 1, 1984 must be fitted with at least one searchlight.

• Marginal note:Scope of lighting

  (3) The searchlights required under subsection (1) must be mounted securely and in a manner that will allow their beams, when combined, to sweep an arc of 360° around the vessel.

• Marginal note:Exclusive electrical circuit

  (4) Each searchlight required under subsection (1) or (2) must be provided with an exclusive electrical circuit connected to the main or emergency switchboard.

• Marginal note:Spare parts

  (5) A vessel must carry on board, for each searchlight required under subsection (1) or (2), two spare bulbs and any spare electrical equipment that might be required under normal service conditions except if

  • (a) the searchlight is a light emitting diode (LED) searchlight; or

  • (b) the vessel has two identical searchlights and carries on board two spare bulbs and any spare electrical equipment for one of those searchlights instead of for each searchlight.

Marginal note:Signal flags

122 Every Canadian vessel of more than 150 gross tonnage that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must carry on board the set of signal flags illustrated in Appendix 2 of the International Code of Signals, published by the IMO, of a size suitable for signalling.

Marginal note:Hand lead lines

• 123 (1) Every vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage must be equipped with one hand lead line.

• Marginal note:Requirements

  (2) The hand lead line must

  • (a) be 46 m or more in length;

  • (b) be clearly and accurately marked to indicate the depth of water; and

  • (c) have a lead that weighs at least 3.2 kg and is capable of being armed.

Marginal note:Manoeuvring information — IMO resolution A.601(15)

• 124 (1) A vessel must establish and display manoeuvring information in accordance with sections 1.2 and 3 of the Annex and the appendices to the Annex to IMO resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships before the vessel enters into service and must keep that information on board, if

  • (a) it is of 1 600 gross tonnage or more and was constructed on or after March 1, 2001;

  • (b) it is a chemical carrier or gas carrier that was constructed on or after March 1, 2001; or

  • (c) it is a Safety Convention vessel.

• Marginal note:Definitions

  (2) The following definitions apply in paragraph (1)(b).

  chemical carrier

  chemical carrier means a vessel that is constructed or adapted for the carriage of dangerous chemicals and that is is engaged in the carriage of those chemicals. (transporteur de produits chimiques)

  gas carrier

  gas carrier means a cargo vessel that was constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO, and that is engaged in the carriage of those products. (transporteur de gaz)

• Marginal note:Modification or conversion of vessel

  (3) If a vessel is modified or converted such that its dimensions or other characteristics are altered in a way affecting the manoeuvring capability of the vessel, the manoeuvring information referred to in subsection (1) must be updated.

• Marginal note:Exception

  (4) If it is not practicable to establish the manoeuvring information required by subsection (1) in its final form before the vessel enters into service, the information must be

  • (a) established in a preliminary form before the vessel enters into service;

  • (b) established in its final form as soon as circumstances permit after the vessel enters into service; and

  • (c) verified in its final form within 18 months after the vessel enters into service.

• Marginal note:Manoeuvring information — IMO resolution A.209(VII)

  (5) Every vessel of 1 600 gross tonnage or more that was constructed before March 1, 2001, other than a Safety Convention vessel, must establish and display manoeuvring information as set out in the Annex to IMO resolution A.209(VII), Recommendation on Information to Be Included in the Manoeuvring Booklets and must keep the manoeuvring information on board.

Marginal note:Canadian towboats — radar

• 125 (1) A Canadian vessel that is a towboat must be fitted with

  • (a) if it is of 5 gross tonnage or more and is engaged on an inland voyage or a near coastal voyage, Class 2, a radar to determine and display the range and bearing of radar transponders and of other surface craft, obstructions, buoys, shorelines and navigational marks;

  • (b) if it is engaged on a near coastal voyage, Class 1,

    • (i) echo-sounding equipment to measure and display the available depth of water, and

    • (ii) two radars that meet the requirements set out in paragraph (a) and that are functionally independent of each other; and

  • (c) if it is engaged on an unlimited voyage, the equipment set out in paragraph (b) and a gyro-compass to determine and display its heading by shipborne non-magnetic means.

• Marginal note:Exception

  (2) A Canadian vessel that is a towboat does not have to meet the equipment requirements set out in subsection (1) if it is engaged in a towing operation in an emergency situation on an exceptional basis.

DIVISION 5Additional Requirements — Vessels Not Subject to Chapter V of SOLAS

Marginal note:Non-application

126 This Division does not apply in respect of vessels subject to the requirements of Division 2 of this Part.

Marginal note:Guidelines and standards – bridge

127 On every vessel of 150 gross tonnage or more that is engaged on an international voyage and on every vessel of 500 gross tonnage or more that is engaged on a voyage other than a sheltered waters voyage, all decisions that affect bridge design, bridge procedures and the design and arrangement of navigational systems and equipment on the bridge must take into consideration the following documents:

• (a) the Annex to IMO circular MSC/Circ.982, Guidelines on Ergonomic Criteria for Bridge Equipment and Layout;

• (b) if the vessel is fitted with an integrated bridge system, the Annex to IMO circular SN.1/Circ.288, Guidelines for Bridge Equipment and Systems, Their Arrangement and Integration (BES); and

• (c) if the vessel is fitted with an integrated navigation system, Annex 3 to IMO resolution MSC.86(70), Adoption of New and Amended Performance Standards for Navigational Equipment.

Marginal note:Electromagnetic compatibility

128 The electrical and electronic equipment installed on a vessel of 150 gross tonnage or more that is engaged on an international voyage, or on a vessel of 500 gross tonnage or more, must meet the following requirements, if the equipment has not been type approved by a competent authority as meeting testing standard IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results:

• (a) the equipment must be installed so that electromagnetic interference does not affect the proper functioning of navigational systems and equipment;

• (b) if the equipment is portable, it must not be operated on the bridge if it might affect the proper functioning of navigational systems and equipment; and

• (c) if the equipment is on the bridge or in the vicinity of the bridge on a vessel constructed on or after July 1, 2002, it must be tested for electromagnetic compatibility when the equipment is installed, taking into account testing standard IEC 60533, Electrical and Electronic Installations in Ships — Electromagnetic Compatibility (EMC) – Ships with a Metallic Hull.

Marginal note:Modes of operation — equipment

129 The mode of operation being used must be indicated if equipment that is referred to in this Part and fitted on a vessel on or after July 1, 2002 offers alternative modes of operation.

Marginal note:Integrated bridge systems

130 Integrated bridge systems that are fitted on a vessel on or after July 1, 2002 must be so arranged that failure of any subsystem is brought to the immediate attention of the person in charge of the deck watch by audible and visual alarms and does not cause the failure of any other subsystem.

Marginal note:Failure of integrated navigation system

131 In the case of a failure in one part of an integrated navigation system, it must be possible to operate every other individual piece of equipment or part of the system separately.

Marginal note:Compass inspection

• 132 (1) During an inspection of the compasses on a vessel that is not a pleasure craft, the master of the vessel must

  • (a) show the inspector the most recent deviation card for each compass, signed and dated by the master and a deck officer; or

  • (b) provide the inspector with a statement, signed by the master and a deck officer, confirming that the compasses have been found to be satisfactory to provide heading direction.

• Marginal note:Inspector

  (2) For the purposes of subsection (1), an inspector is a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act.

Marginal note:Heading or track control system

• 133 (1) When the heading or track control system of a vessel is used in an area of high traffic density, under conditions of restricted visibility or in any other hazardous navigational situation, means must be provided to enable the immediate changeover to manual steering.

• Marginal note:Qualified helmsman

  (2) In any situation described in subsection (1), the person in charge of the deck watch must ensure that the services of a qualified helmsman are available at all times to take over steering control.

• Marginal note:Qualified person

  (3) Every changeover from the heading or track control system to manual steering of a vessel and vice versa must be made by, or under the supervision of, the person in charge of the deck watch.

• Marginal note:Manual steering — testing

  (4) The manual steering of a vessel must be tested, while the heading or track control system is not in use, before the vessel enters any area where navigation demands special caution, and at least once a day, to ensure the manual steering is in effective operating condition.

Marginal note:Steering gear

134 If a vessel is fitted with two or more steering gear power units that are capable of simultaneous operation, the vessel must have at least two of those units in operation in areas where navigation demands special caution.

Marginal note:Steering gear changeover procedures

• 135 (1) A vessel that is fitted with a remote steering gear control system or a steering gear power unit must have permanently displayed, on its navigating bridge and in its steering gear compartment, if any, simple, brief operating instructions and a block diagram showing the changeover procedures for the system or unit.

• Marginal note:Steering system familiarity

  (2) The master and any person on board the vessel who is responsible for the operation or maintenance of the steering gear must be familiar with the operation of the steering systems fitted on the vessel and with the procedures for changing from one system to another.

Marginal note:Steering gear checks and tests

• 136 (1) Within 12 hours before the departure of a vessel, the steering gear of the vessel must be checked and tested and the checks and tests must include

  • (a) verifying the operation of

    • (i) the main steering gear,

    • (ii) the auxiliary steering gear, unless the gear includes tackle,

    • (iii) the remote steering gear control systems,

    • (iv) the steering controls located at different positions on the navigating bridge,

    • (v) the emergency power supply,

    • (vi) the rudder angle indicators in relation to the actual position of the rudder,

    • (vii) the remote steering gear control system power failure alarms,

    • (viii) the steering gear power unit failure alarms, and

    • (ix) automatic isolating arrangements and other automatic equipment required for the steering gears;

  • (b) the full movement of the rudder according to the capabilities of the steering gear as designed;

  • (c) a visual inspection of the steering gear and its connecting linkage; and

  • (d) verifying the operation of the means of communication between the navigating bridge and the steering gear compartment.

• Marginal note:Exception — regular voyages

  (2) For a vessel that regularly engages on voyages of less than one week, the checks and tests referred to in subsection (1) do not need to be carried out within 12 hours before departure if those checks and tests have been carried out at least once every week.

• Marginal note:Emergency steering drills

  (3) In addition to the checks and tests referred to in subsections (1) and (2), emergency steering drills must be carried out at least once every three months and must include direct control from within the steering gear compartment, communications procedures with the navigating bridge and, where applicable, the operation of alternative power supplies.

• Marginal note:Log book

  (4) The person in charge of the deck watch must record the dates on which the checks and tests referred to in subsections (1) and (2) are carried out and the dates and details of the drills referred to in subsection (3) in the official log book, referred to in Division 7 of Part 3 of the Marine Personnel Regulations, if that Division applies to the vessel, or any log book if the Division does not apply to it.

Marginal note:Working language

• 137 (1) The master or authorized representative of a vessel must determine and record in the official log book referred to in Division 7 of Part 3 of the Marine Personnel Regulations or, if the Division does not apply, any log book, the appropriate working language for the purposes of navigational safety matters, and must ensure that each crew member is able to

  • (a) understand the working language;

  • (b) give orders and instructions in that language, if appropriate; and

  • (c) report back in that language, if appropriate.

• Marginal note:Translations

  (2) If the working language is not an official language of the state whose flag the vessel is entitled to fly, all plans and lists required to be posted, and all documents establishing procedures, must include a translation into the working language in addition to a copy in an official language.

• Marginal note:English as working language

  (3) Despite subsection (1), English must be used for bridge-to-bridge and bridge-to-shore safety communications, as well as for communications on board between the pilot and bridge watchkeeping personnel, unless the individuals directly involved in the communication speak a common language other than English.

Marginal note:Record of navigational activities

• 138 (1) Every vessel of 150 gross tonnage or more that is engaged on an international voyage must keep a record on board of navigational activities and events that are of importance to the safety of navigation.

• Marginal note:Contents of record

  (2) The record must contain

  • (a) the information set out in section 1 of the Annex to IMO resolution A.916(22), Guidelines for the Recording of Events Related to Navigation; and

  • (b) the dates on which the checks and tests referred to in subsections 136(1) and (2) were carried out and the dates and details of the emergency steering drills referred to in subsection 136(3).

• Marginal note:Maintenance of record

  (3) The record must be maintained in accordance with section 4 of the Annex referred to in subsection (2) and kept for at least five years.

Marginal note:Plan for cooperation — search and rescue

• 139 (1) Every passenger vessel of less than 150 gross tonnage that is engaged on an international voyage must keep on board a plan for cooperation with the search and rescue services for each area in which the vessel navigates in the event of an emergency.

• Marginal note:Plan for cooperation — requirements

  (2) The plan for cooperation must

  • (a) be developed by the authorized representative of the vessel in accordance with the Annex to IMO circular MSC.1/Circ.1079, Guidelines for Preparing Plans for Cooperation Between Search and Rescue Services and Passenger Ships; and

  • (b) include provisions for periodic exercises to test its effectiveness.

Marginal note:Visibility requirements from navigating bridge

• 140 (1) Every Canadian vessel that is 55 m or more in length and that is constructed on or after July 1, 2002, must comply with the following requirements:

  • (a) the view of the sea surface from the conning position must not be obscured for more than two vessel lengths or 500 m, whichever is lesser, forward of the bow to 10° on either side under all conditions of draught, trim and deck cargo;

  • (b) if there are blind sectors caused by cargo, cargo gear or other obstructions outside the wheelhouse forward of the beam that obstruct the view of the sea surface from the conning position,

    • (i) no blind sector may exceed 10° except that in the case of the view referred to in paragraph (a) a blind sector may not exceed 5°,

    • (ii) the total arc of blind sectors must not exceed 20°, and

    • (iii) the clear sectors between blind sectors must be at least 5°;

  • (c) the horizontal field of vision from the conning position must extend over an arc of not less than 225° that is from right ahead to not less than 22.5° abaft the beam on either side of the vessel;

  • (d) from each bridge wing, the horizontal field of vision must extend over an arc of at least 225° that is from at least 45° on the opposite side through right ahead and then from right ahead to right astern through 180° on the same side of the vessel;

  • (e) from the main steering position, the horizontal field of vision must extend over an arc from right ahead to at least 60° on each side of the vessel;

  • (f) the vessel’s side must be visible from the bridge wing;

  • (g) the height of the lower edge of the navigation bridge front windows above the bridge deck must be kept as low as possible without resulting in an obstruction of the forward view that contravenes this subsection;

  • (h) the upper edge of the navigation bridge front windows must allow a forward view of the horizon, for a person with a height of eye of 1 800 mm above the bridge deck at the conning position, when the vessel is pitching in heavy seas; and

  • (i) with respect to windows,

    • (i) the navigation bridge front windows must be inclined from the vertical plane, top out, at an angle of not less than 10° but not more than 25°,

    • (ii) the framing between navigation bridge windows must be kept to a minimum and not be installed immediately forward of any workstation,

    • (iii) the windows must not be polarized or tinted, and

    • (iv) it must be possible, at all times and regardless of weather conditions, to have a clear view through at least two of the navigation bridge front windows and, depending on the bridge configuration, through an additional number of clear-view windows.

• Marginal note:Canadian vessels constructed before July 1, 2002

  (2) Every Canadian vessel that is 55 m or more in length that was constructed before July 1, 2002 must comply with the requirements set out in paragraphs (1)(a) and (b), unless structural alterations or additional equipment are required to comply with those requirements.

DIVISION 6Charts and Publications

Marginal note:Definitions

141 The following definitions apply in this Division.

reference catalogue

reference catalogue means, in respect of an area to be navigated by a vessel, a catalogue of nautical charts and related publications for that area, published by or under the authority of the Canadian Hydrographic Service or published by or under the authority of a hydrographic office or other relevant government institution of a foreign state. (catalogue de référence)

waters under Canadian jurisdiction

waters under Canadian jurisdiction means

• (a) Canadian waters; and

• (b) the exclusive economic zone of Canada. (eaux de compétence canadienne)

Marginal note:Charts, documents and publications on board

• 142 (1) The master and authorized representative of a vessel must ensure that the most recent versions of the following charts, documents and publications, in respect of each area where the vessel is scheduled to be navigated, are kept on board:

  • (a) the reference catalogue and the applicable charts referred to in the catalogue in their largest scale, that are published by or under the authority of

    • (i) in the case of a Canadian vessel in Canadian waters, the Canadian Hydrographic Service, and

    • (ii) in any other case, the Canadian Hydrographic Service or the hydrographic office or other relevant government institution of a foreign state;

  • (b) the annual edition of Notices to Mariners;

  • (c) in the case of a Canadian vessel in waters under Canadian jurisdiction and a vessel that is not a Canadian vessel,

    • (i) Canadian Sailing Directions, published by the Canadian Hydrographic Service,

    • (ii) Canadian Tide and Current Tables, published by the Canadian Hydrographic Service,

    • (iii) List of Lights, Buoys and Fog Signals, published by the Canadian Coast Guard, and

    • (iv) if the vessel is required under these Regulations or any foreign law to be fitted with radio equipment, Radio Aids to Marine Navigation, published by the Canadian Coast Guard;

  • (d) in the case of a Canadian vessel not in waters under Canadian jurisdiction, the following publications referred to in the reference catalogue:

    • (i) sailing directions,

    • (ii) tide and current tables,

    • (iii) lists of lights, and

    • (iv) if the vessel is required to be fitted with radio equipment under these Regulations, the list of radio aids to navigation;

  • (e) in the case of a vessel, other than a pleasure craft of less than 150 gross tonnage, that is engaged on a voyage other than a sheltered waters voyage, an illustrated table of life-saving signals;

  • (f) in the case of a Canadian vessel of 150 gross tonnage or more, a printed copy of the International Aeronautical and Maritime Search and Rescue Manual, Volume III, Mobile Facilities, published by the IMO and the International Civil Aviation Organization;

  • (g) in the case of a Canadian vessel that is required to be fitted with radio equipment under Part 2 and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage, or a Safety Convention vessel, a printed copy of the International Code of Signals published by the IMO and a printed copy of Annex 1 to IMO resolution A.918(22), IMO Standard Marine Communication Phrases; and

  • (h) in the case of a vessel that is engaged on a voyage during which ice may be encountered, the document entitled Ice Navigation in Canadian Waters, published by the Canadian Coast Guard.

• Marginal note:Document availability — paragraphs (1)(e) and (f)

  (2) The master and authorized representative of a vessel must ensure that the table required under paragraph (1)(e) and the publication required under paragraph (1)(f) are readily available to the person in charge of navigation.

• Marginal note:Exception — less than 100 gross tonnage

  (3) Subsection (1) does not apply in the case of a vessel of less than 100 gross tonnage, if the person in charge of navigation has sufficient knowledge of the following about where the vessel is to be navigated such that the safety and efficiency of navigation in that area will not be compromised:

  • (a) the location and character of charted

    • (i) shipping routes,

    • (ii) lights, buoys and marks, and

    • (iii) navigational hazards; and

  • (b) the prevailing navigational conditions, taking into account such factors as tides, currents, and ice and weather patterns.

• Marginal note:Exception — charts, documents and publications

  (4) Subsection (1) does not apply if, after reasonable efforts, the master and authorized representative of a vessel are unable to obtain at any place where the vessel calls, the charts, documents or publications required under this Division and the safety and efficiency of navigation will not be compromised. However, they must comply with subsection (1) as soon as circumstances permit.

• Marginal note:Exception — foreign state publications

  (5) The publications referred to in paragraphs (1)(c) and (d) may be replaced by similar publications issued officially by or on the authority of a hydrographic office or other relevant government institution of a foreign state, if the information contained in them that is necessary for the safe navigation of a vessel in the area in which the vessel is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the publications referred to in those paragraphs.

Marginal note:Electronic chart

• 143 (1) A chart referred to in paragraph 142(1)(a) may be in electronic form if it is displayed on an ECDIS that

  • (a) in waters for which an ENC is available, is operated using the ENC;

  • (b) in waters for which an ENC is not available, is operated using a raster navigational chart (RNC) that is a facsimile of a chart that has been printed and published by or under the authority of the Canadian Hydrographic Service or printed and published by a hydrographic office or other relevant government institution of a foreign state;

  • (c) when operating in the raster chart display system (RCDS) mode, is used in conjunction with other printed charts that meet the requirements of paragraph 142(1)(a);

  • (d) has chart content and display aspects that meet the requirements set out in the International Hydrographic Organization standard S-52, Specifications for Chart Content and Display Aspects of ECDIS; and

  • (e) is accompanied

    • (i) by an ECDIS back-up arrangement that

      • (A) meets the standards set out in Appendix 6 of the Annex to IMO resolution MSC.232(82), Adoption of the Revised Performance Standards for Electronic Chart Display and Information Systems (ECDIS),

      • (B) is connected to the vessel’s main and emergency sources of electrical energy, and

      • (C) is provided with an emergency source of electrical energy providing uninterrupted transitional power for a period of not less than 30 minutes, or

    • (ii) by other printed charts that meet the requirements of paragraph 142(1)(a) and on which the position of the vessel is being plotted at intervals that will enable a safe and immediate takeover in the event of an ECDIS failure.

• Marginal note:Definition of ENC

  (2) For the purposes of subsection (1), ENC means an electronic navigational chart database that

  • (a) is standardized as to content, structure and format;

  • (b) is issued for use with an ECDIS by or under the authority of the Canadian Hydrographic Service or by or under the authority of a hydrographic office or other relevant government institution of a foreign state; and

  • (c) contains all the chart information necessary for safe navigation.

Marginal note:Planning a voyage

• 144 (1) The master of a vessel must, before the vessel embarks on a voyage, plan the voyage taking into account the Annex to IMO resolution A.893(21), Guidelines for Voyage Planning, and if charts, documents and publications are required to be kept on board under section 142, by using those charts, documents and publications to the extent that they relate to voyage planning.

• Marginal note:Identifying a route

  (2) When planning the voyage, the master must identify a route taking the following factors into account:

  • (a) any relevant routing systems;

  • (b) sufficient sea room for the safe passage of the vessel throughout the intended voyage;

  • (c) all known navigational hazards and adverse weather conditions;

  • (d) any marine environmental protection measures that apply; and

  • (e) actions and activities that could cause damage to the environment and measures to be taken to avoid those actions and activities.

• Marginal note:Voyage display and position monitoring

  (3) The master of a vessel must display the vessel’s route for the voyage using a chart referred to in paragraph 142(1)(a) and plot and monitor the vessel’s position throughout the voyage on that chart.

Marginal note:Navigation accessories

145 Any vessel that is required under section 142 to keep charts, documents and publications on board must be fitted with

• (a) the navigation accessories necessary to permit the proper use of the charts so as to precisely determine the position of the vessel;

• (b) the navigation accessories necessary to determine the accuracy of compass readings; and

• (c) binoculars.

Marginal note:Up-to-date charts, documents and publications

• 146 (1) The master of a vessel must ensure that the charts, documents and publications required under this Division, before being used to plan and execute a voyage, are correct and up-to-date, based on information that is contained in Notices to Mariners or a navigational warning.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the circumstances of the voyage are such that it is impossible for the master, after making reasonable efforts, to receive Notices to Mariners or navigational warnings.

[147 to 199 reserved]

PART 2Marine Radiocommunications

Definitions

Marginal note:Definitions

200 The following definitions apply in this Part.

appropriate VHF channel

appropriate VHF channel means the channel specified in Notices to Mariners or in any law of Canada or of any foreign state for use in a traffic zone, or part of it, for vessel traffic management purposes. (voie VHF appropriée)

continuous watch

continuous watch means a radio watch that is uninterrupted except for brief intervals when the receiving capability of the radio installations are impaired or blocked by the installations’ own communications or by periodic maintenance or checks. (veille permanente)

DSC

DSC means digital selective calling, which is a system that uses digital codes and conforms to Recommendation ITU-R M.493, Digital Selective-calling System for use in the Maritime Mobile Service, published by the International Telecommunication Union, Radiocommunication Sector. (ASN)

enhanced group call equipment

enhanced group call equipment means a radio installation capable of receiving maritime safety information and search and rescue information broadcast by an enhanced group call system. (équipement d’appel de groupe amélioré)

enhanced group call system

enhanced group call system means a system that allows for the broadcast of coordinated maritime safety information and search and rescue information to a defined geographical area using a mobile satellite service recognized by the IMO. (système d’appel de groupe amélioré)

EPIRB

EPIRB means an emergency position indicating radio beacon operating in the 406 MHz band. (RLS)

international NAVTEX service

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

maritime safety information

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

MF/HF radio installation

MF/HF radio installation means a radio installation capable of transmitting and receiving voice communications and communications using NBDP and DSC in the MF/HF bands. (installation radio MF/HF)

MF radio installation

MF radio installation means a radio installation capable of transmitting and receiving voice communications and communications using DSC in the MF bands. (installation radio MF)

NAVTEX receiver

NAVTEX receiver means a receiver that is capable of receiving an international NAVTEX service message. (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)

PLB

PLB means a personal locator beacon operating in the 406 MHz band. (BLP)

radio operator

radio operator means a person who is the holder of a radio operator certificate issued under subparagraph 5(1)(a)(iii) of the Radiocommunication Act or an equivalent certificate issued by the appropriate authority of a foreign state and who is in charge of a radio watch on a vessel. (opérateur radio)

SART

SART means a transponder designed for search and rescue purposes that operates on a radar frequency or an AIS frequency. (répondeur SAR)

sea area A1

sea area A1 means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available. (zone océanique A1)

sea area A2

sea area A2 means an area, excluding sea area A1, within the radiotelephone coverage of at least one medium frequency (MF) coast station in which continuous DSC alerting is available. (zone océanique A2)

sea area A3

sea area A3 means an area, excluding sea area A1 and sea area A2, within the coverage of a mobile-satellite service that is recognized by the IMO and supported by the ship earth station carried on board in which continuous alerting is available. (zone océanique A3)

sea area A4

sea area A4 means an area outside of sea area A1, sea area A2 and sea area A3. (zone océanique A4)

ship earth station

ship earth station means a mobile earth station that is located on board a vessel and part of a mobile-satellite service that has been recognized by the IMO. (station terrienne de navire)

survival craft

survival craft[Repealed, SOR/2023-257, s. 533]

traffic centre

traffic centre means a centre established by a government for the purpose of regulating marine traffic within a traffic zone. (centre de gestion du trafic)

traffic zone

traffic zone means an area under the responsibility of a traffic centre described in Notices to Mariners or in any law of Canada or of a foreign state and established for the purpose of directing vessel traffic. (zone de gestion du trafic)

VHF radio installation

VHF radio installation means a radio installation capable of transmitting and receiving voice communications on VHF frequencies. (installation radio VHF)

DIVISION 1General Requirements

Marginal note:Application

• 201 (1) This Division applies in respect of Canadian vessels everywhere

• Marginal note:Application — sections 203 to 207

  (2) Sections 203 to 207 also apply in respect of foreign vessels in Canadian waters.

• Marginal note:Non-application

  (3) This Division does not apply in respect of

  • (a) a dredge or a floating plant unless it is located in a place where it constitutes a collision hazard to other vessels;

  • (b) a towboat, if the towboat and its tow are located within a booming ground; or

  • (c) a pleasure craft.

Marginal note:Towboats

202 A towboat that is not a Safety Convention vessel 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 outside that sea area if

• (a) one of the vessels engaged in the towing operation with the towboat meets the requirements for that sea area; or

• (b) it is engaged in a towing operation in an emergency situation on an exceptional basis.

Marginal note:Responsibility of authorized representative

203 The authorized representative must ensure that the vessel is equipped with radio equipment in accordance with this Part before the vessel embarks on a voyage and throughout the voyage.

Marginal note:VHF radio installation

• 204 (1) A vessel on a voyage, any part of which is in sea area A1, within VHF coverage of a Canadian Coast Guard station or on a voyage more than five nautical miles from shore on the sea coasts of Canada, must be fitted with a VHF radio installation capable of DSC if the vessel is

  • (a) more than 8 m in length;

  • (b) carrying passengers; or

  • (c) a towboat.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a vessel that carries six passengers or less and is not more than 8 m in length if it is equipped with a portable VHF handheld radio capable of DSC.

Marginal note:Great Lakes — supplementary VHF radio for certain vessels

• 205 (1) The following vessels, if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation that is in addition to the one required under section 204:

  • (a) a vessel of 300 gross tonnage or more; and

  • (b) a passenger vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage.

• Marginal note:Supplementary VHF radio for other vessels

  (2) The following vessels, other than a vessel referred to in subsection (1), if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation or a portable VHF handheld radio in addition to the radio equipment required under section 204:

  • (a) a vessel that carries more than six passengers; or

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

• Marginal note:Technical Regulations of the Great Lakes Agreement

  (3) All VHF radio installations and portable VHF handheld radios required under this section must meet the requirements set out in Regulations 1 and 2 of the Technical Regulations annexed to the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973.

Marginal note:Navigation outside sea area A1

206 A vessel that is engaged on a voyage any part of which is outside sea area A1 must be equipped with radio equipment capable of establishing two-way communications at any time 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 vessel, if it is a vessel that

• (a) carries passengers more than two nautical miles from shore;

• (b) carries more than six passengers; or

• (c) is engaged on a near coastal voyage, Class 1 or an unlimited voyage.

Marginal note:Part C of Chapter IV of SOLAS

• 207 (1) The following vessels must be fitted with radio equipment in accordance with Part C of Chapter IV of SOLAS:

  • (a) vessels that are subject to Chapter IV of SOLAS; and

  • (b) Canadian vessels that are not subject to Chapter IV of SOLAS that are engaged on a voyage outside the internal waters of Canada and sea area A1, if they are passenger vessels that are 20 m or more in length or of 300 gross tonnage or more.

• Marginal note:Gulf of St. Lawrence

  (2) For the purposes of this section, sea area A1 includes all of the Gulf of St. Lawrence.

• Marginal note:Regulation 14 of Chapter IV SOLAS — type approval

  (3) For the purposes of this section, the words “type approved by the Administration” used in Regulation 14 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

• Marginal note:Regulation 15 of Chapter IV SOLAS — interpretation

  (4) For the purposes of this section,

  • (a) Regulation 15 of Chapter IV of SOLAS must be read as excluding the words “such methods as” and “as may be approved by the administration”; and

  • (b) the words “a combination of at least two methods such as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability” used in Regulation 15 of Chapter IV of SOLAS must be read as “a combination of at least two methods from among duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability”.

• Marginal note:Regulation 15 of Chapter IV SOLAS – exception

  (5) Despite paragraph (1)(b), the requirement set out in Regulation 15 of Chapter IV of SOLAS that refers to sea areas A3 and A4 does not apply to a vessel referred to in that paragraph that is engaged on a voyage in either of those sea areas, if the vessel meets the requirement set out in Regulation 15 of Chapter IV that refers to sea areas A1 and A2.

Marginal note:SART

208 One of the SARTs required to be on board a vessel under the Vessel Construction and Equipment Regulations, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations must be stowed so that it is readily accessible for immediate use on board.

Marginal note:Float-free EPIRB

• 209 (1) A vessel must be fitted with a float-free EPIRB if

  • (a) the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage; or

  • (b) the vessel is more than 12 m in length and is engaged on an inland voyage or a near coastal voyage, Class 2.

• Marginal note:Float-free EPIRB — location

  (2) The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to

  • (a) float free should the vessel sink;

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

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

• Marginal note:EPIRB or other equipment

  (3) A vessel that is 12 m or less in length and engaged on an inland voyage in the waters of the Great Lakes, their connecting and tributary waters or the waters of the St. Lawrence River, or on a near coastal voyage, Class 2, must be equipped with

  • (a) a float-free EPIRB;

  • (b) a manually activated EPIRB;

  • (c) a PLB; or

  • (d) in the case of a vessel that is less than 8 m in length and that operates exclusively in sea area A1, a waterproof portable VHF handheld radio capable of DSC.

• Marginal note:Manual EPIRB or other equipment — location

  (4) A manually activated EPIRB, a PLB or a portable VHF handheld radio capable of DSC must be worn by the person in charge of the navigational watch or, if that is not practicable, stowed so that it is readily accessible for immediate use in the event of abandonment of the vessel.

Marginal note:Broadcast service of maritime safety information

• 210 (1) A vessel that is engaged on a voyage beyond the limits of sea area A1 in an area where there is a broadcast of maritime safety information over medium frequency, such as by an international NAVTEX service, must be fitted with a NAVTEX receiver or another receiver that is compatible with the broadcast service, if it is

  • (a) a vessel that carries more than six passengers;

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

  • (c) a towboat of 150 gross tonnage or more; or

  • (d) a vessel of 300 gross tonnage or more.

• Marginal note:Maritime safety information

  (2) A vessel that is not subject to the requirement of subsection (1) and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must have the necessary equipment to receive maritime safety information during the voyage.

Marginal note:Search and rescue VHF radio direction-finding apparatus

211 The following vessels must be fitted with a search and rescue VHF radio direction-finding apparatus:

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

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

Marginal note:Documents and publications

212 The master and authorized representative of a vessel must ensure that the following documents and publications are kept on board in a readily accessible location:

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

• (b) at the main operating position of the radio installation,

  • (i) Radio Aids to Marine Navigation published by the Canadian Coast Guard, and

  • (ii) the radio inspection certificate for the radio installation, if a certificate is required by section 240.

Marginal note:Antenna plan

213 A vessel that is 20 m or more in length must have an antenna plan that indicates the relative position of each antenna.

Marginal note:Main operating position requirements

214 The main operating position of a radio installation must have

• (a) a card of instructions, such as TP 9878, Distress and Safety Radiotelephone Procedures, published by the Department of Transport, 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 under Division 2 of this Part, that may be performed by persons who are not radio technicians; and

• (c) a visibly displayed, reliable and accurate device that indicates time.

Marginal note:Spare antenna

215 A vessel referred to in subsection 204(1) that is 20 m or more in length and fitted with only one VHF radio installation capable of DSC must be equipped with a spare antenna accompanied by sufficient interconnecting cable to permit the fast replacement of the main antenna without retuning.

Marginal note:Sources of electrical energy

216 A vessel must have a supply of electrical energy sufficient to operate its radio installation and to charge any batteries used as part of the reserve source of energy for the radio installation.

Marginal note:Reserve source of energy

• 217 (1) A vessel that is 20 m or more in length, a vessel that carries more than six passengers or a towboat must have

  • (a) a reserve source of energy that meets the requirements of Division 2 of this Part and that is sufficient to supply its radio installation 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 permanently installed means for internally or externally lighting the radio controls that are necessary for the operation of its radio installation, independent of the main and emergency sources of electrical energy.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a vessel that carries more than six passengers or a towboat, if

  • (a) it is less than 20 m in length;

  • (b) it is navigating in sea area A1; and

  • (c) it is equipped with a survival craft VHF radiotelephone or a waterproof portable VHF handheld radio capable of DSC.

DIVISION 2Technical Requirements

Marginal note:Application — Canadian vessel

• 218 (1) This Division, other than section 228, applies in respect of radio equipment, including documentation for the equipment, that a Canadian vessel must have on board under Division 1 of this Part, the Vessel Construction and Equipment Regulations, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations, as applicable.

• Marginal note:Application — foreign vessel

  (2) Sections 219 and 223 and the requirement under subsection 240(3) to inspect the radio installation also apply in respect of any radio equipment, including documentation for the equipment, that a foreign vessel in Canadian waters must have on board under Division 1 of this Part, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations, as applicable.

• Marginal note:Application — section 228

  (3) Section 228 applies in respect of all EPIRBs and PLBs on board

  • (a) a Canadian vessel; or

  • (b) a pleasure craft that

    • (i) is licensed under Part 10 of the Act, or

    • (ii) is principally maintained or operated in Canada and is not registered or licensed under the laws of another state.

Marginal note:General requirements — radio installation

219 A radio installation must be

• (a) installed on board a vessel so as to

  • (i) protect it from mechanical, electrical or any other interference that would adversely affect its functioning,

  • (ii) be compatible with other radio and electronic equipment installed on the vessel and not cause adverse electromagnetic or electrostatic interaction, and

  • (iii) be readily accessible for maintenance purposes and inspection;

• (b) clearly marked with the vessel’s name, call sign, maritime mobile service identity number and any other identifier that may be used in the course of transmitting or receiving communications; and

• (c) located on a vessel so as to

  • (i) maximize its safety and operational accessibility,

  • (ii) enable the monitoring of the distress and safety frequencies, including frequencies on which maritime safety information is broadcasted, and the sending of distress signals or distress alerts, from the position from which the vessel is normally navigated, and

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

Marginal note:VHF radio accessibility

220 A VHF radiotelephone and a VHF radio installation must be accessible from the vessel’s conning position and its operation, including the selection of channels, must be possible from that position.

Marginal note:Position of vessel

221 If radio equipment is capable of automatically providing the vessel’s position when transmitting a distress alert, the vessel’s position and the time the vessel was at that position must be made available from a GNSS receiver for transmission by the radio equipment.

Marginal note:Radio equipment standards

• 222 (1) The radio equipment referred to in column 1 of Schedule 3 must be of a type approved by a competent authority as meeting the following standards:

  • (a) the performance standards set out in the Annex to IMO resolution A.694(17), General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids;

  • (b) the testing standards set out in IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results;

  • (c) the standards set out for that equipment in column 2 of Schedule 3; and

  • (d) the standards set out for that equipment in column 3 or 4 of Schedule 3.

• Marginal note:Exception — equivalent standard

  (2) The equipment may be type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) or (d) instead of the standards referred to paragraph (1)(c) or (d), as the case may be.

• Marginal note:Exception — VHF radio installation capable of DSC

  (3) The VHF radio installation capable of DSC on board a vessel referred to in subsection 204(1) or paragraph 207(1)(b) may meet either of the following standards instead of the standards referred to in paragraphs (1)(c) and (d):

  • (a) the testing standards set out in IEC 62238, Maritime Navigation and Radiocommunication Equipment and Systems – VHF Radiotelephone Equipment Incorporating Class “D” Digital Selective Calling (DSC) – Methods of Testing and Required Test Results; or

  • (b) the testing standards set out in EN 301 025: VHF Radiotelephone Equipment for General Communications and Associated Equipment for Class “D” Digital Selective Calling (DSC); Harmonised Standard Covering the Essential Requirements of Articles 3.2 and 3.3(g) of the Directive 2014/53/EU.

• Marginal note:Type Approval

  (4) The type approval must be evidenced by a label or document issued by the competent authority.

• Marginal note:Placement of document or label

  (5) The type approval must be

  • (a) if it is evidenced by a label, securely affixed to the equipment in a readily visible location; and

  • (b) if it is evidenced by a document, kept in a readily accessible location on board the vessel.

• Marginal note:English or French translation

  (6) If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

Marginal note:Portable VHF handheld radio with DSC

• 223 (1) A portable VHF handheld radio capable of DSC must

  • (a) be capable of transmitting and receiving distress and safety alerts using DSC on frequency 156.525 MHz (channel 70);

  • (b) be capable of transmitting and receiving radiotelephony on

    • (i) the distress and safety frequency of 156.8 MHz (channel 16),

    • (ii) the primary inter-vessel safety communication frequency of 156.3 MHz (channel 6),

    • (iii) the bridge-to-bridge communication frequency of 156.65 MHz (channel 13),

    • (iv) the public correspondence frequency specifically assigned for the area in which the vessel is navigating, and

    • (v) any other VHF frequencies that are necessary for safety purposes in the area in which the vessel is navigating;

  • (c) be capable of receiving communications on

    • (i) a VHF frequency specifically assigned for the transmission of maritime safety information in the area in which the vessel is navigating, or

    • (ii) if no frequency is specifically assigned in the area in which the vessel is navigating, any other frequency used for transmitting maritime safety information;

  • (d) be certified as waterproof by the manufacturer;

  • (e) not be unduly affected by exposure to seawater, oil or the sun;

  • (f) be of robust mechanical construction;

  • (g) have an internal GNSS receiver capable of providing an accurate position within 90 seconds of being switched on, when provided with an unobstructed view of the sky; and

  • (h) be capable of six hours of operation, with a duty cycle of 10% transmitting, 10% receiving above squelch level and 80% receiving below squelch level.

• Marginal note:Rechargeable battery

  (2) A portable VHF handheld radio capable of DSC that is powered by a rechargeable battery must be accompanied by a device capable of fully charging the battery from empty within 10 hours.

Marginal note:Supplementary VHF radio

• 224 (1) Any supplementary VHF radio installation that a vessel is fitted with under section 205 must be functionally independent from the VHF radio installation required under section 204.

• Marginal note:Source of energy

  (2) The VHF radio installations referred to in subsection (1) may be connected to the main source of energy for the vessel, but one of them must have another source of energy that is located in the upper part of the vessel.

Marginal note:VHF radio antenna

225 The antenna of a VHF radio installation must be

• (a) capable of transmitting and receiving a vertically polarized signal;

• (b) installed as high as possible on a vessel and in such a manner as to provide an omnidirectional radiation pattern; and

• (c) connected to the radio installation by the shortest possible transmission line.

Marginal note:Battery-powered VHF radio

• 226 (1) If batteries are the main source of energy for a VHF radio installation on board a vessel, the batteries must

  • (a) be located in the upper part of the vessel;

  • (b) have sufficient capacity to operate the VHF radio installation; and

  • (c) be accompanied by a device capable of fully charging the batteries from empty within 10 hours.

• Marginal note:Exception to paragraph (1)(a)

  (2) If it is impracticable to locate the batteries in the upper part of a vessel whose construction began before June 1, 1978 or that is less than 20 m in length, they must be located as high in the hull as is possible.

Marginal note:MF/HF radio installations

227 An MF/HF radio installation’s transmitter on board a vessel must be capable of delivering 125 W peak envelope power at the output of the transmitter.

Marginal note:Beacon registration

• 228 (1) The authorized representative of a vessel, or in the case of a pleasure craft that is not a Canadian vessel, the owner of the vessel, must register an EPIRB or PLB with the Canadian Beacon Registry, which is maintained by the Department of National Defence.

• Marginal note:Updating the Canadian Beacon Registry

  (2) The authorized representative or the owner, as the case may be, must update the information contained in the Canadian Beacon Registry with respect to the registration within 30 days after a change in the information.

Marginal note:EPIRB and PLB — Type Approved

• 229 (1) Every EPIRB and PLB must be of a type approved by Cospas-Sarsat as meeting the requirements of standard C/S T.007 entitled Cospas-Sarsat 406 MHz Distress Beacons Type Approval Standard, published by Cospas-Sarsat.

• Marginal note:Type approval certificate

  (2) The type approval referred to in subsection (1) must be evidenced by a type approval certificate that is kept in a readily accessible location on board.

Marginal note:Replacing the automatic release mechanism — EPIRB

• 230 (1) The automatic release mechanism of an EPIRB must be marked with the replacement date determined by the manufacturer and be replaced on or before that date in accordance with the manufacturer’s instructions.

• Marginal note:Replacing the battery — EPIRB and PLB

  (2) The battery of an EPIRB and the battery of a PLB must be replaced in accordance with the manufacturer’s instructions

  • (a) after the use of the EPIRB or PLB in an emergency;

  • (b) after an inadvertent activation of the EPIRB or PLB;

  • (c) if required as a result of an inspection or testing of the EPIRB or PLB; and

  • (d) on or before the expiry date indicated on the battery.

Marginal note:Replacing the battery — SART

231 The battery of a SART must be replaced in accordance with the manufacturer’s instructions on or before the expiry date indicated on the battery.

Marginal note:Battery — survival craft VHF radiotelephone

232 A battery used to power a survival craft VHF radiotelephone must

• (a) if the battery is non-rechargeable, be replaced, on or before the expiry date indicated on the battery; and

• (b) if the battery is rechargeable, be maintained in a fully charged condition while the vessel is at sea and the radiotelephone is not being used for communication purposes.

Marginal note:Search and rescue VHF radio direction-finding equipment

233 Search and rescue VHF radio direction-finding equipment must

• (a) be capable of receiving amplitude-modulated signals on frequency 121.5 MHz;

• (b) be capable of receiving frequency or phase-modulated signals on frequency 156.8 MHz (channel 16); and

• (c) provide an automatic indication-of-direction signal that is received when the source of the signal is located within an arc of 30° on either side of the vessel’s bow.

Marginal note:Reserve source of energy

• 234 (1) If a vessel is required to have a reserve source of energy under section 217, the reserve source must be capable of

  • (a) being used immediately in the event of a failure of the main source of electrical energy; and

  • (b) simultaneously operating

    • (i) the VHF radio installation,

    • (ii) the lighting required under paragraph 217(1)(b), and

    • (iii) the radio equipment that the vessel must be fitted with under paragraph 207(1)(b), in the case of a vessel referred in that paragraph.

• Marginal note:Capacity

  (2) The reserve source of energy must have a capacity to provide electrical energy for

  • (a) one hour, if the radio equipment is provided with an emergency source of electrical energy that meets the standards set out in TP 127, Ship Electrical Standards, published by the Department of Transport; and

  • (b) six hours, in any other case.

• Marginal note:Electrical capacity

  (3) The electrical capacity of the reserve source of energy under distress conditions must, for the period prescribed in subsection (2), be equal to the total of

  • (a) one half of the electrical capacity necessary for the transmission of communications,

  • (b) the electrical capacity necessary for the continuous reception of communications, and

  • (c) the electrical capacity necessary for the continuous operation of any additional radio equipment or lighting connected to that reserve source of energy.

• Marginal note:Independence

  (4) The reserve source of energy must be independent of the propelling power of the vessel and the vessel’s electrical system.

• Marginal note:Simultaneous supply

  (5) The reserve source of energy must, for the period prescribed by subsection (2), be capable of

  • (a) simultaneously supplying energy to all radio installations that can be connected to the reserve source of energy at the same time; or

  • (b) if only one radio installation can be connected to the reserve source of energy at the same time as a VHF radio installation, supplying energy to the radio installation that uses the most power.

• Marginal note:Electrical lighting

  (6) The reserve source of energy must be used to supply the electrical lighting for a radio installation unless the electrical lighting has an independent source of energy that meets the capacity requirements set out in subsection (2).

Marginal note:Reserve source of energy — rechargeable batteries

• 235 (1) If the reserve source of energy consists of rechargeable batteries, a vessel must have

  • (a) a means of recharging the batteries from empty to the minimum capacity required within 10 hours; or

  • (b) for a vessel that is less than 20 m in length, a reserve battery of a capacity sufficient for the duration of the voyage.

• Marginal note:Installation of rechargeable batteries

  (2) Rechargeable batteries that constitute the reserve source of energy for a radio installation must be installed so that they

  • (a) are maintained at all times at the temperature specified by the manufacturer of the batteries; and

  • (b) provide, when fully charged, the minimum number of hours of operation required by subsection 234(2), regardless of meteorological conditions.

• Marginal note:Failure of electrical energy source

  (3) If a radio installation requires an uninterrupted input of data from the vessel’s GNSS receiver in order to function properly, the radio installation must have a means to ensure that uninterrupted input of data in the event of a failure of the vessel’s main or emergency source of electrical energy.

Marginal note:Assessments and tests before a voyage

236 A radio operator must ensure that the radio equipment is in proper operating condition before the vessel embarks on a voyage.

Marginal note:Assessment of radio installation at sea

• 237 (1) While a vessel is at sea, a radio operator must assess

  • (a) daily the operating condition of a radio installation; and

  • (b) subject to subsection (2), in the case of a VHF radio installation, MF radio installation or MF/HF radio installation, weekly by means of normal communications or a test call carried out within the communication range of either a radio installation or a coast station that is capable of DSC, the operating condition of the radio installation.

• Marginal note:Test call

  (2) When a vessel has been out of the communication range of a radio installation or a coast station that is capable of DSC for longer than a week, a radio operator must make the test call at the first opportunity after the vessel is within the communication range of a coast station in order to assess the operating condition of the radio installation.

• Marginal note:Testing transmitter functioning

  (3) A radio operator must, when testing the operating condition of a radio installation transmitter, use the antenna normally used for the transmitter.

• Marginal note:Restoring to proper functioning

  (4) If an assessment referred to in subsection (1) or (2) indicates that the radio equipment or the reserve source of energy is not operating properly, the equipment or source of energy must be restored to its proper operating condition without delay.

• Marginal note:Out-of-service radio installation

  (5) If a radio installation is out-of-service for more than 30 days, a radio operator must verify, within the seven days before the vessel embarks on a voyage, that the radio equipment is in proper operating condition and must enter that information in the radio log.

Marginal note:Radio equipment batteries

• 238 (1) If batteries constitute a source of electrical energy for radio equipment, other than an EPIRB or PLB, they must be

  • (a) tested daily, to determine the state of their charge;

  • (b) checked once each month, to determine the physical condition of the batteries, their connections and their compartment; and

  • (c) sufficiently charged to permit the continuous operation of the radio equipment for the duration of the voyage.

• Marginal note:Reserve rechargeable batteries

  (2) Rechargeable batteries that constitute a reserve source of electrical energy for any radio equipment must undergo

  • (a) a check of their capacity, once a year, when the vessel is not at sea, by fully discharging and recharging them, using normal operating current and their battery rating period, unless the battery manufacturer advises otherwise; and

  • (b) an assessment of their charge without any significant discharge of the batteries immediately before the vessel embarks on a voyage, and weekly while at sea.

Marginal note:Inspection and testing of EPIRB or PLB

• 239 (1) An EPIRB or PLB, other than an EPIRB or PLB stowed in an inflatable life raft, must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

• Marginal note:Inspection and testing of a SART

  (2) A SART must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

• Marginal note:VHF radiotelephone testing

  (3) A survival craft VHF radiotelephone must be tested by a radio operator during each boat and fire drill held on board the vessel, if the radiotelephone has a power source that can be replaced or recharged by the user.

Marginal note:Radio inspection certificate

• 240 (1) The following vessels, other than a Safety Convention vessel, must have a radio inspection certificate to engage on a voyage:

  • (a) a vessel that is 20 m or more in length;

  • (b) a towboat; and

  • (c) a passenger vessel that is engaged on a voyage any part of which is in Sea Area A1 or more than five nautical miles from shore on the sea coasts of Canada.

• Marginal note:Safety certificate

  (2) The master of a Safety Convention vessel must keep on board any safety certificate issued under subsection 7(1) of the Vessel Safety Certificates Regulations that relates to radio installation requirements.

• Marginal note:Inspection certificate — Great Lakes Agreement

  (3) The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973, must keep on board an inspection certificate issued by the Minister evidencing compliance with subsection 205(3) of these Regulations.

• Marginal note:Issuance of radio inspection certificate

  (4) The Minister must issue a radio inspection certificate to a vessel if the radio installation meets the requirements of this Part.

DIVISION 3Radiotelephone Procedures

Marginal note:Application — Canadian vessels

• 241 (1) Sections 242 to 248 apply in respect of Canadian vessels that are required under Division 1 of this Part to be fitted with radio equipment.

• Marginal note:Application — foreign vessels

  (2) Sections 243 to 245, paragraph 246(1)(b) and subsection 246(2) also apply in respect of foreign vessels that are required under Division 1 of this Part to be fitted with radio equipment.

• Marginal note:Application — sections 249 to 254

  (3) Sections 249 to 254 apply in respect of any vessel that is not a Canadian vessel in Canadian waters and in respect of any Canadian vessel that is required under Division 1 of this Part to be fitted with a VHF radio installation.

Marginal note:Officers responsible

242 The master of a vessel and the person in charge of the deck watch must ensure that the requirements of this Division are met.

Marginal note:Communications of distress, urgency or safety

243 A vessel must make communications of distress, urgency or safety in accordance with the requirements of articles 32 to 34 of Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Marginal note:Cancellation of distress signals and alerts

244 A person who has inadvertently transmitted a distress alert from a vessel or, after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts.

Marginal note:Communication power

245 Except in a case of distress, a radio installation must not radiate more power than the power required to ensure clear communication.

Marginal note:Time

• 246 (1) A radio operator using a radio installation, must, when stating the time during voice communications on board a vessel, observe the time in the following manner:

  • (a) if the vessel is engaged on an international voyage, observe coordinated universal time (UTC); and

  • (b) if the vessel is engaged on any other type of voyage, observe the local time of the area in which the vessel is navigating.

• Marginal note:24-hour system

  (2) A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Marginal note:Radio record

• 247 (1) A vessel must maintain a record in which the radio operator keeps the following information:

  • (a) the vessel’s name and registration number, its port of registry, gross tonnage and length and any of its Global Maritime Distress and Safety System identities as defined in Regulation 2 of Chapter IV of SOLAS;

  • (b) the period covered by the record;

  • (c) the time of each entry made in the radio record, stated in accordance with section 246;

  • (d) a summary of all radio communications, including the date, time, frequency used and details with respect to

    • (i) distress and urgency communications,

    • (ii) safety communications respecting the vessel,

    • (iii) abnormal radio propagation conditions that may reduce the effectiveness of the radio installation, and

    • (iv) any other important service incident;

  • (e) the names of the radio operators, the dates each operator is on board and the name of each certificate that each radio operator holds;

  • (f) the name of the radio operator designated for operating the radio equipment during emergencies as required under the Marine Personnel Regulations;

  • (g) the date and time a check, test or inspection required under this Part was carried out and the results obtained including, for each day that the vessel is at sea,

    • (i) the operating condition of the radio equipment determined by normal communication or a test call, as well as the position of the vessel at the time the determination is made,

    • (ii) the assessment of the reserve source of energy, and

    • (iii) if any of the radio equipment is found not to be in operating condition, a notation that the master was informed;

  • (h) the time of an inadvertent transmission of a distress, urgency or safety communication and the time and method of its cancellation;

  • (i) the date, time and details of any significant maintenance carried out on the radio installation, including the name of the person or the company that performed the maintenance tasks; and

  • (j) any corrective action taken to remedy any deficiency in the radio equipment required under this Part.

• Marginal note:Radio record entry

  (2) The radio operator making an entry in a radio record must initial the entry.

• Marginal note:Accessibility

  (3) The radio record must be kept for a period of not less than 12 months after the day on which the last entry is made, in a place accessible to a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act, and in the case of a paper record, it must be in its original format.

Marginal note:Continuous watch

• 248 (1) A vessel that is fitted with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

  • (a) a VHF radio installation;

  • (b) an MF radio installation;

  • (c) an MF/HF radio installation;

  • (d) a NAVTEX receiver or other means that is used to automatically receive maritime safety information for visual display;

  • (e) enhanced group call equipment; and

  • (f) radio equipment capable of transmitting and receiving communications using NBDP.

• Marginal note:MF/HF radio installation

  (2) A vessel fitted with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Marginal note:Delayed radio transmission

249 If, at any time, a radio transmission required to be made under these Regulations is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Marginal note:Radio operator

• 250 (1) The master of a vessel or a person authorized by the master to maintain a continuous listening watch or to make a navigation safety call required under this Division must be a radio operator.

• Marginal note:Obligation to inform

  (2) If the person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Marginal note:Steering and sailing rules

251 Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manoeuvres that contravene the steering and sailing rules of those Regulations.

Marginal note:Continuous listening watch

• 252 (1) Every vessel that is required under section 204 to be fitted with a VHF radio installation must maintain a continuous listening watch during the period beginning 15 minutes before the vessel is underway and ending when the vessel is

  • (a) securely anchored, moored or made fast to the shore or secured to the bottom; and

  • (b) in a place where its presence does not constitute a hazard to passing vessels.

• Marginal note:VHF channel

  (2) A VHF radio installation, referred to in subsection (1), on board a vessel described in column 1 of Schedule 4 must be set to the appropriate VHF channel set out in column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

• Marginal note:Interrupted watch

  (3) If a vessel is not fitted with an additional VHF radio installation, the continuous listening watch referred to in subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.

Marginal note:Navigation safety call

• 253 (1) Every vessel that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4, other than a dredge or floating plant, must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel, under the following circumstances:

  • (a) a risk of collision with another vessel exists under the provisions of the Collision Regulations that apply in the area being navigated by the vessel;

  • (b) the navigation safety call of another vessel indicates that a close-quarters situation may develop;

  • (c) the vessel is in a narrow channel or fairway and is about to overtake another vessel, or be overtaken by another vessel;

  • (d) doubt exists as to the actions or the intentions of another vessel;

  • (e) the vessel is nearing a bend in a river, channel or fairway or an obstruction around which an approaching vessel cannot adequately be seen;

  • (f) the vessel is approaching, in restricted visibility, a charted route, including a ferry route, or a concentration of vessels;

  • (g) the vessel will commence a manoeuvre that could impede the safe navigation of other vessels;

  • (h) the vessel is engaged in fishing with nets, lines, trawls, trolling lines or other apparatus, or is a vessel restricted in its ability to manoeuvre in or near a routing system and is being approached by another vessel, other than a vessel engaged in fishing;

  • (i) the vessel is approaching a dredge or floating plant in or near a river, channel or fairway;

  • (j) the vessel will depart from a berth, anchorage, mooring area, booming ground, dredge or floating plant; and

  • (k) under any other circumstance when a navigation safety call is necessary for the safe navigation of the vessel or any other vessel.

• Marginal note:Call — paragraph (1)(j)

  (2) The navigation safety call required under the circumstances specified in paragraph (1)(j) must be made 15 minutes before and again immediately before departure from the berth, anchorage, mooring area, booming ground, dredge or floating plant.

• Marginal note:Content of call

  (3) The navigation safety call must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

  • (a) the identity of the vessel;

  • (b) the location of the vessel;

  • (c) the intended course of action;

  • (d) the present course and speed of the vessel; and

  • (e) whether the vessel is

    • (i) engaged in a towing operation,

    • (ii) not under command,

    • (iii) restricted in its ability to manoeuvre,

    • (iv) engaged in fishing, other than trolling,

    • (v) severely restricted in its ability to deviate from the course it is following because of its draft in relation to the available depth of water,

    • (vi) engaged in pilotage duty,

    • (vii) at anchor, or

    • (viii) aground.

• Marginal note:Exception

  (4) A vessel is not required to make a navigation safety call in the circumstances described in paragraph (1)(i) or (j) if the vessel

  • (a) is a towboat and is manoeuvring in or around any berth, anchorage, mooring area, booming ground, dredge or floating plant and the vessel

    • (i) manoeuvres in such a manner that it will not impede the safe navigation of other vessels, and

    • (ii) makes a navigation safety call 15 minutes before its final departure from that berth, anchorage, mooring area, booming ground, dredge or floating plant; or

  • (b) is reporting to a traffic centre.

• Marginal note:Call power — Great Lakes Basin

  (5) The transmission power of a navigation safety call on Channel 13 within the Great Lakes Basin must not exceed 1 W except in the following cases when that power must not exceed 25 W:

  • (a) in the case of an emergency;

  • (b) the vessel being called to does not respond to a second call at a transmission power of 1 W or less; or

  • (c) a broadcast in blind situations such as when the vessel is rounding a bend in a channel.

• Marginal note:Definition of vessel restricted in its ability to manoeuvre

  (6) For the purposes of subsections (1) and (3), vessel restricted in its ability to manoeuvre has the meaning assigned by the definition vessel restricted in her ability to manoeuvre in Rule 3(g) of Schedule 1 to the Collision Regulations.

Marginal note:Dredges and floating plants

• 254 (1) Every dredge or floating plant that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4 must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel under the following circumstances:

  • (a) when approached by another vessel not engaged in an operation related to the dredge or floating plant;

  • (b) when requested to do so by another vessel; and

  • (c) under any other circumstance in which it is necessary for the safety of the dredge or floating plant or the safe navigation of any other vessel.

• Marginal note:Content of call

  (2) A navigation safety call referred to in subsection (1) must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

  • (a) the identity of the dredge or floating plant;

  • (b) its location; and

  • (c) in the case of a dredge or floating plant that is on a river, channel or fairway, to the extent possible, whether any part of the river, channel or fairway is obstructed and, if so, the side on which the obstruction exists and the side on which another vessel may pass.

• Marginal note:Exception

  (3) A dredge or floating plant is not required to make a navigation safety call in the circumstances described in paragraph (1)(a) if it is reporting to a traffic centre.

[255 to 299 reserved]

PART 3Limitations and Prohibitions

General

Marginal note:Definitions

300 The following definitions apply in this Part.

Assistant Commissioner

Assistant Commissioner means the Assistant Commissioner for the Central and Arctic Region, Department of Fisheries and Oceans. (commissaire adjoint)

Burlington Canal

Burlington Canal means the canal that links Lake Ontario and Hamilton Harbour. (canal de Burlington)

Captain of the Port

Captain of the Port means the Captain of the Port for the United States Coast Guard at Detroit, Michigan. (capitaine de port)

District Commander

District Commander means the commander of the 9th District of the United States Coast Guard. (commandant du district)

DIVISION 1Anchorage

Marginal note:Prohibited waters

301 It is prohibited for a vessel to anchor within the waters described in Schedule 5.

Marginal note:Instructions and directions

302 Every vessel within the waters described in Schedule 5 must comply with any instruction or direction relating to any navigation limitation or prohibition or other shipping measure contained in Notices to Mariners or a navigational warning.

DIVISION 2Burlington Canal

Marginal note:Speed limit

303 It is prohibited for a vessel to navigate in the Burlington Canal at a speed greater than

• (a) seven knots, if the vessel is 80 m or less in length; or

• (b) the lowest speed at which the vessel can be navigated safely, if the vessel is more than 80 m in length.

Marginal note:Passing prohibited

• 304 (1) A vessel heading towards the Burlington Canal must not, if it is within 0.5 nautical miles of the canal, pass another vessel going in the same direction.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of vessels that are less than 15 m in length.

Marginal note:Request to lift the bridge

305 If the person who has the conduct of a vessel requires the lift bridge over the Burlington Canal to be raised, the person must make a request to the bridgemaster by radio communication or, if such communication is not possible, the person must sound three long blasts on the whistle or horn.

Marginal note:Entry of vessel 15 m or more

• 306 (1) Subject to subsection (2), it is prohibited for a vessel that is 15 m or more in length to enter the Burlington Canal unless the signal light on the lift bridge shows green in the direction of the vessel.

• Marginal note:Exception in case of emergency

  (2) In the case of an emergency, a vessel that is 15 m or more in length may enter the Burlington Canal while the signal light on the lift bridge does not show green in its direction, but it must moor at the north wall of the canal and must not proceed until the signal light shows green in its direction.

Marginal note:Entry of vessel less than 15 m

307 It is prohibited for a vessel that is less than 15 m in length to enter the Burlington Canal while the lift bridge is not raised or while a flashing blue light is not shown in its direction, unless it waits at the side of the canal to its starboard at a distance of 90 m or more from the lift bridge until the bridge is raised or a flashing blue light is shown in its direction.

Marginal note:Prohibition — under sail

308 It is prohibited for a vessel to navigate under sail in the Burlington Canal.

DIVISION 3St. Clair River and Detroit River

Marginal note:Application

• 309 (1) This Division, other than section 314, applies in respect of

  • (a) all vessels in Canadian waters between Lake Erie and Lake Huron; and

  • (b) all Canadian vessels in the waters of the United States between buoy “1” of the East Outer and West Outer Channels at the Lake Erie entrance to the Detroit River and Lake Huron Cut Lighted Buoy “11” and including the Rouge River and Short Cut Canal from Detroit Edison Cell Light “1” to the head of navigation.

• Marginal note:Exception — section 311

  (2) Section 311 does not apply in respect of a vessel referred to in subsection (1) unless the vessel is required under Part 2 to be fitted with a VHF radio installation or VHF radio telephone.

• Marginal note:Exception — sections 312 and 313

  (3) Sections 312 and 313 do not apply in respect of a vessel referred to in subsection (1) that is

  • (a) a vessel engaged in icebreaking, search and rescue or servicing aids to navigation that is

    • (i) a government vessel,

    • (ii) owned by and in the service of the government of the United States, or

    • (iii) in the exclusive possession of the government of the United States; or

  • (b) a vessel engaged in river or harbour improvements, if it is operated in a safe and prudent manner and other vessels have been warned of those operations.

• Marginal note:Application — section 314

  (4) Section 314 applies in respect of a vessel referred to in subsection (1) that is

  • (a) a power-driven vessel that is 55 m or more in length;

  • (b) a vessel that is 20 m or more in length propelled only by sails;

  • (c) a towboat; or

  • (d) a floating plant.

Marginal note:Conflict

310 In the event of any inconsistency between this Division and the laws of the United States, the laws of the United States prevail to the extent of the inconsistency in respect of a Canadian vessel while it is in United States waters.

Marginal note:Continuous listening watch

311 Every vessel must maintain a continuous listening watch in accordance with Radio Aids to Marine Navigation published by the Canadian Coast Guard and make traffic reports to the Canadian Coast Guard Marine Communications and Traffic Services Centre located in Sarnia, Ontario, under the circumstances set out in that publication.

Marginal note:Detroit River restrictions

• 312 (1) It is prohibited for a vessel in the Detroit River to

  • (a) proceed upbound in the West Outer Channel;

  • (b) proceed downbound in the Amherstburg Channel east of Bois Blanc Island;

  • (c) proceed upbound in the Livingstone Channel west of Bois Blanc Island; and

  • (d) overtake another vessel between Bar Point Pier Light “D33” and Fighting Island South Light if there is a risk that the vessel will meet a third vessel proceeding in the opposite direction while the overtaking is taking place.

• Marginal note:Exception — paragraph (1)(b)

  (2) Despite paragraph (1)(b), the Assistant Commissioner may authorize a vessel to proceed downbound in the Amherstburg Channel east of Bois Blanc Island if the safety of navigation is not compromised.

Marginal note:Overtaking prohibited

313 It is prohibited for a vessel to overtake another vessel

• (a) in the St. Clair River between St. Clair Flats Canal Light “2” and Russell Island Light “33”, unless the vessel being overtaken is a towboat;

• (b) in the Rouge River; and

• (c) in the Detroit River between the west end of Belle Isle and Peche Island Light, unless the vessel being overtaken

  • (i) is a towboat; or

  • (ii) has checked down its speed to await berth availability or to make the turn for Rouge River and has so advised the Canadian Coast Guard Marine Communications and Traffic Services Centre located in Sarnia, Ontario.

Marginal note:Area of one-way traffic

314 The waters between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” constitute an area of alternating one-way traffic where the following rules apply

• (a) a vessel must not, in that area, overtake or meet another vessel or come about;

• (b) a moored vessel must not get underway until it is able to proceed through those waters without passing or being passed by another vessel;

• (c) a downbound vessel that has reached Lake Huron Cut Light “7” has the right-of-way over an upbound vessel that has not yet reached the St. Clair/Black River Junction Light; and

• (d) an upbound vessel awaiting the transit of a downbound vessel must wait its turn below the St. Clair/Black River Junction Light.

Marginal note:Embark, disembark or exchange pilot

315 It is prohibited for a vessel to embark, disembark or exchange a pilot between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” unless, because of the weather, it is unsafe to carry out that activity at the normal pilotage ground above Lake Huron Cut Lighted Buoy “1”.

Marginal note:Navigation safety calls

316 Every vessel must, by using navigation safety calls, communicate its intentions to any other vessel in the vicinity and ensure that the movements of the vessels are coordinated and there is an agreement between the vessels before proceeding to overtake or meet the other vessel.

Marginal note:Anchorage rules

317 In the St. Clair and Detroit Rivers, it is prohibited for a vessel to anchor in such a manner that it could swing into the channel or across steering courses.

Marginal note:Floating plant activities

318 A floating plant may be operated, anchored or moored for the purposes of engaging in dredging, construction or wrecking only if the person having conduct of the floating plant obtains an authorization from the Assistant Commissioner, the District Commander, the Captain of the Port or the Windsor harbour master having jurisdiction in waters in which the floating plant will operate, anchor or moor, on such terms and conditions as are necessary to ensure the safety of navigation.

Marginal note:Speed limits

319 Except when required for the safety of the vessel or any other vessel, a vessel that is 20 m or more in length must not proceed at a speed greater than

• (a) 10.4 knots between

  • (i) Fort Gratiot and St. Clair Flats Canal Light “2”, and

  • (ii) Peche Island Light and Bar Point Pier Light “D33”;

• (b) 3.5 knots in the Rouge River; and

• (c) 5 knots in the navigable channel south of Peche Island.

Marginal note:Towboat

• 320 (1) It is prohibited for a towboat to drop or anchor its tows in such a manner that they could swing into a channel or across steering courses.

• Marginal note:Prohibition against obstructing navigation

  (2) It is prohibited for a towboat engaged in arranging its tow to obstruct the navigation of other vessels.

Marginal note:Temporary instructions

321 Despite anything in this Division, a vessel must comply with temporary instructions to proceed in a certain manner or by a certain route, to anchor in a certain place or not to proceed or anchor except as specified in lieu of or in addition to any provisions of this Division if because of channel obstructions, a casualty, the weather, ice conditions, water levels or other unforeseen or temporary circumstances, compliance with this Division would be impossible, impracticable or unsafe or would cause a risk of pollution, and the instructions are

• (a) given by the Assistant Commissioner, in the case of Canadian waters, or the District Commander or the Captain of the Port, in the case of the waters of the United States; and

• (b) published in Notices to Mariners or a navigational warning.

[322 to 399 reserved]

PART 4Transitional Provision, Consequential Amendments, Repeals and Coming into Force

Transitional Provision

Marginal note:Application – subsection 118(1)

400 Subsection 118(1) does not apply until 180 days after the day on which this section comes into force, except in the case of the following vessels in respect of which that subsection applies beginning on the day on which this section comes into force:

• (a) a passenger vessel of 150 gross tonnage or more that is engaged on an international voyage;

• (b) a vessel of 300 gross tonnage or more, other than a fishing vessel, that is engaged on an international voyage; and

• (c) a vessel of 500 gross tonnage or more, other than a fishing vessel, that is not engaged on an international voyage.

Consequential Amendments

Canada Shipping Act, 2001

Large Fishing Vessel Inspection Regulations

401 [Amendments]

402 [Amendments]

Life Saving Equipment Regulations

403 [Amendments]

404 [Amendments]

405 [Amendments]

406 [Amendments]

Fishing Vessel Safety Regulations

407 [Amendments]

408 [Amendments]

409 [Amendments]

Steering Appliances and Equipment Regulations

410 [Amendments]

411 [Amendments]

Competency of Operators of Pleasure Craft Regulations

412 [Amendments]

Marine Personnel Regulations

413 [Amendments]

414 [Amendments]

415 [Amendments]

416 [Amendments]

417 [Amendments]

Small Vessel Regulations

418 [Amendments]

419 [Amendments]

420 [Amendments]

Long-Range Identification and Tracking of Vessels Regulations

421 [Amendments]

422 [Amendments]

423 [Amendments]

424 [Amendments]

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Newfoundland Offshore Petroleum Installations Regulations

425 [Amendments]

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Nova Scotia Offshore Petroleum Installations Regulations

426 [Amendments]

Canada Oil and Gas Operations Act

Canada Oil and Gas Installations Regulations

427 [Amendments]

Repeals

428 The following Regulations are repealed:

• (a) the VHF Radiotelephone Practices and Procedures RegulationsFootnote ¹²;

  • Return to footnote ¹²SOR/81-364

• (b) the St. Clair and Detroit River Navigation Safety RegulationsFootnote ¹³;

  • Return to footnote ¹³SOR/84-335

• (c) the Anchorage RegulationsFootnote ¹⁴;

  • Return to footnote ¹⁴SOR/88-101

• (d) the Burlington Canal RegulationsFootnote ¹⁵;

  • Return to footnote ¹⁵SOR/89-222

• (e) the Charts and Nautical Publications Regulations, 1995Footnote ¹⁶;

  • Return to footnote ¹⁶SOR/95-149

• (f) the Ship Station (Radio) Regulations, 1999Footnote ¹⁷;

  • Return to footnote ¹⁷SOR/2000-260

• (g) the Ship Station (Radio) Technical Regulations, 1999Footnote ¹⁸;

  • Return to footnote ¹⁸SOR/2000-265

• (h) the Navigation Safety RegulationsFootnote ¹⁹; and

  • Return to footnote ¹⁹SOR/2005-134

• (i) the Voyage Data Recorder RegulationsFootnote ²⁰.

  • Return to footnote ²⁰SOR/2011-203

Coming into Force

Marginal note:Registration

• 429 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

• Marginal note:First anniversary

  (2) Section 117 and subsection 118(3) come into force on the first anniversary of the day on which these Regulations are registered.