Vessel Safety Certificates Regulations (SOR/2021-135)

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Regulations are current to 2024-04-01 and last amended on 2021-06-23. Previous Versions

PART 1Canadian Vessels (continued)

DIVISION 2Vessels that are not Safety Convention Vessels (continued)

Marginal note:Terms and conditions

16 If the Minister determines that terms and conditions on a safety certificate issued to a vessel are necessary based on the vessel’s construction, equipment, stability and design criteria, the Minister may impose terms and conditions that

(a) restrict a vessel’s intended service; and
(b) limit the voyage on which the vessel may engage after considering the following criteria with respect to the vessel’s intended area of operation:
- (i) wave height,
- (ii) wind velocity,
- (iii) current,
- (iv) visibility,
- (v) proximity to assistance, a place of refuge or shore,
- (vi) navigation hazards,
- (vii) communications coverage,
- (viii) average depth of the water,
- (ix) water temperature,
- (x) air temperature,
- (xi) maximum tide range, and
- (xii) ice conditions.

DIVISION 3Reports and Inspections

Marginal note:Reports

17 (1) The authorized representative of a Canadian vessel must
- (a) if an inspection report indicates that a requirement referred to in subsection 7(1) or 13(1) has not been met and a period is set out in the inspection report to comply with the requirement, submit to the Minister, within that period,
  - (i) a report, in the form specified by the Minister, that specifies the measures taken to comply with the requirement, and
  - (ii) documents demonstrating the measures taken; and
- (b) if a modification or an alteration made to the vessel, or damage caused to the vessel, results in the vessel no longer meeting all of the requirements referred to in subsection 7(1) or 13(1), submit to the Minister, without delay,
  - (i) a report, in the form specified by the Minister, that describes the modification, alteration or damage and specifies the measures subsequently taken to comply with the requirements, and
  - (ii) documents demonstrating the measures taken.
Marginal note:Confirmation from Minister
(2) Following the submission of the report and the documents, the authorized representative must ensure that they receive a written confirmation from the Minister that the requirements for the issuance of the certificate continue to be met.
Marginal note:Review and inspection
(3) In order to provide the confirmation, the Minister must review the report and the documents provided by the authorized representative and, if the Minister determines that it is necessary, inspect the vessel.

PART 2Foreign Vessels

Marginal note:Safety Convention vessels

18 (1) The authorized representative of a foreign vessel that is a Safety Convention vessel must
- (a) ensure that
  - (i) all safety certificates that are required by SOLAS are kept on board,
  - (ii) any document that is required by SOLAS to be attached to a safety certificate is kept on board,
  - (iii) any exemption certificate that is referred to in Regulation 12(a)(vii) of Part B of Chapter I of SOLAS is kept on board, and
  - (iv) if the authorized representative has applied to its flag state for an updated continuous synopsis record and the authorized representative has not yet received the updated record, a copy of the application is kept on board; and
- (b) be able to demonstrate that the requirements for the issuance of the certificates and documents referred to in subparagraphs (a)(i) to (iii) continue to be met.
Marginal note:Responsibilities of authorized representative
(2) The authorized representative of a foreign vessel that holds a safety certificate that is required by SOLAS must ensure that
- (a) the vessel undergoes all inspections required in respect of the applicable certificate under Part B of Chapter I of SOLAS; and
- (b) if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met.

Marginal note:Vessels that are not Safety Convention vessels

19 The authorized representative of a foreign vessel that is not a Safety Convention vessel must

(a) ensure that a document issued by or under the authority of the vessel’s flag state that indicates that the vessel complies with the safety requirements of its flag state is kept on board;
(b) be able to demonstrate that the requirements for the issuance of that document continue to be met; and
(c) ensure that the vessel’s design, construction and equipment meet a level of safety that is equivalent to or higher than that required by regulations made under Part 4 of the Act for Canadian vessels that are of a similar size and type.

PART 3Transitional Provision, Consequential and Related Amendments, Repeals and Coming into Force

Transitional Provision

Marginal note:Certificates issued under Vessel Certificates Regulations

20 A certificate issued under the Vessel Certificates Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under these Regulations.