Vessel Construction and Equipment Regulations (SOR/2023-257)

Life-saving Appliances and Arrangements

Marginal note:SOLAS Chapter III

• 103 (1) A vessel must comply with the requirements set out in Chapter III of SOLAS, except those set out in regulations 8, 10, 19, 27, 30 and 37.

• Marginal note:LSA Code — Canadian modifications

  (2) For the purposes of subsection (1), a reference in Chapter III of SOLAS to a provision of the LSA Code is to be read as a reference to that provision as modified by Part A of TP 14475.

• Marginal note:LSA Code — testing and approval

  (3) If a life-saving appliance or arrangement must comply with the requirements of the LSA Code, it must be tested in accordance with the annex to IMO Resolution MSC.81(70), Revised Recommendation on Testing of Life-saving Appliances, as amended from time to time, and be of a type approved by the Minister as complying with those requirements.

• Marginal note:Alternative appliances and arrangements

  (4) If TP 15415 allows for alternatives to the life-saving appliances or arrangements required under Chapter III of SOLAS, those alternative appliances or arrangements must comply with the requirements set out in Part B of TP 14475, be tested in accordance with Part C of TP 14475, and be of a type approved by the Minister as complying with those requirements.

• Marginal note:Definitions

  (5) The following definitions apply in this section.

  LSA Code

  LSA Code means the annex to IMO Resolution MSC.48(66), International Life-Saving Appliance Code, as amended from time to time. (Recueil LSA)

  TP 14475

  TP 14475 means the publication entitled Canadian Life Saving Appliance Standard, published by the Department of Transport, as amended from time to time. (TP 14475)

Chemical Tankers

Marginal note:SOLAS Chapter VII

104 A chemical tanker, including one that does not have a mechanical means of propulsion, must comply with the requirements set out in Part B of Chapter VII of SOLAS.

Gas Carriers

Marginal note:SOLAS Chapter VII

105 A gas carrier, including one that does not have a mechanical means of propulsion, must comply with the requirements set out in Part C of Chapter VII of SOLAS.

Nuclear Vessels

Marginal note:SOLAS Chapter VIII

• 106 (1) A nuclear vessel must comply with the requirements set out in Chapter VIII of SOLAS.

High-Speed Craft

Marginal note:SOLAS Chapter X

• 107 (1) Subject to subsection (2), a high-speed craft that is referred to in regulation 2 of Chapter X of SOLAS must comply with the requirements set out in the annex to IMO Resolution MSC.97(73), International Code of Safety for High-Speed Craft, 2000, as amended from time to time.

• Marginal note:Non-applicable requirements — HSC Code

  (2) The following requirements set out in the annex to the resolution referred to in subsection (1) do not apply:

  • (a) those related to shipborne navigational systems and equipment and voyage data recorders;

  • (b) those related to radiocommunications;

  • (c) those related to training and qualifications;

  • (d) those related to manning of survival craft and supervision;

  • (e) those related to emergency instructions and drills; and

  • (f) those related to type rating training.

Bulk Carriers

Marginal note:SOLAS Chapter XII

108 A bulk carrier that is a Safety Convention vessel must comply with the requirements set out in regulations 4, 5, 6.2, 12 and 13 of Chapter XII of SOLAS.

Vessels Carrying Industrial Personnel

Marginal note:SOLAS Chapter XV

109 A vessel that carries industrial personnel must comply with the requirements set out in Chapter XV of SOLAS.

Special Purpose Vessels

Marginal note:SPS Code

110 A special purpose vessel must comply with the requirements set out in the annex to IMO Resolution MSC.266(84), Code of Safety for Special Purpose Ships, 2008, as amended from time to time, except those set out in Chapters 9 to 11.

Offshore Supply Vessels

Marginal note:Resolution MSC.235(82)

111 An offshore supply vessel must comply with the requirements set out in the annex to IMO Resolution MSC.235(82), Guidelines for the Design and Construction of Offshore Supply Vessels, 2006, as amended from time to time, except those set out in section 7 of the annex.

Mechanically Connected Tug and Barge Combinations

Marginal note:Requirements

• 112 (1) The authorized representative of the pushing vessel and pushed vessel in a mechanically connected tug and barge combination must ensure that the design and construction of the connecting system conform to the additional integrated tug and barge requirements of a recognized organization.

• Marginal note:Particular case

  (2) For the purposes of subsection (1), if the pushing vessel and pushed vessel have different authorized representatives, they are jointly responsible for complying with that subsection.

• Marginal note:Definition of mechanically connected tug and barge combination

  (3) For the purposes of this section, a mechanically connected tug and barge combination is any combination of a pushing vessel and a pushed vessel, including an integrated tug and barge combination and an articulated tug and barge combination, if the pushed vessel does not have a mechanical means of propulsion and if the two vessels are mechanically connected by means other than wire ropes, chains, lines or other tackle. The combination is considered to be composed of two separate vessels.

Tankers Carrying Deck Cargo

Marginal note:Bulk liquid — flash point exceeding 60°C

113 A tanker that does not have a mechanical means of propulsion and that transports liquid in bulk with a flash point of more than 60°C must not carry deck cargo unless

• (a) the structural strength of the tanker is adequate for its intended loadings;

• (b) precautions are taken to avoid any risk of fire or explosion when loading or unloading the deck cargo, and during the voyage;

• (c) the deck is properly dunnaged to prevent any chafing of metal parts; and

• (d) all cargo tank openings and vents on the vessel can be closed during the handling of the deck cargo.

Marginal note:Bulk liquid — flash point of 60°C or less

• 114 (1) Subject to subsection (3), a tanker that does not have a mechanical means of propulsion and that transports liquid in bulk with a flash point of 60°C or less must not carry deck cargo unless

  • (a) a risk assessment is submitted to the Minister by the authorized representative and is approved by the Minister;

  • (b) the vessel’s design and operations comply with the recommendations of the risk assessment in order to reduce the identified hazards to the level of risk “As Low As Reasonably Practicable” according to a methodology referred to in subsection (2);

  • (c) safety measures proposed to mitigate any intolerable risks that are identified in the risk assessment are submitted to the Minister by the authorized representative and are approved by the Minister;

  • (d) the vessel’s design and operations comply with the measures referred to in paragraph (c);

  • (e) the vessel is a vessel to which the Safety Management Regulations apply and its safety management system takes into account the approved safety measures referred to in paragraph (c); and

  • (f) the vessel is maintained in class with a recognized organization.

• Marginal note:Approval by Minister — risk assessment

  (2) The Minister must approve the risk assessment referred to in paragraph (1)(a) if it complies with the principles of the Formal Safety Assessment methodology set out in IMO Circular MSC.1/Circ.1023, Guidelines for Formal Safety Assessment (FSA) for use in the IMO rule-making process, as amended from time to time, or an equivalent methodology, and the risk assessment includes an assessment of

  • (a) the structural strength of the vessel in relation to the intended loadings;

  • (b) the protection of the deck from damage or sparking, by dunnage or other means;

  • (c) the risk of fire or explosion when loading or unloading the deck cargo, and during the voyage; and

  • (d) the locations of all openings and vents and the proposed methods for closing them prior to the handling of any deck cargo.

• Marginal note:Exception to risk assessment

  (3) The authorized representative of a tanker that does not have a mechanical means of propulsion and that carries deck cargo and transports oil in bulk with a flash point of more than 38°C but not more than 60°C does not have to submit the risk assessment if the vessel

  • (a) complies with the requirements of section 113; and

  • (b) is a vessel to which the Safety Management Regulations apply and its safety management system takes into account fire prevention and protection measures specific to such an operation.

Mobile Offshore Drilling Units

Marginal note:MODU Code

115 A mobile offshore drilling unit must comply with the requirements set out in the annex to IMO Resolution A.1023(26), Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009, as amended from time to time, except those set out in Chapters 11 and 14.

Vessels of Particular Design

Marginal note:Equivalent level of safety

116 If the design of a type of vessel would render it unsafe, unsuitable or impossible to construct in accordance with the requirements of these Regulations, vessels of that design may be constructed according to the recommended practices and standards for that design if the Minister determines that they provide a level of safety at least equivalent to that provided by the requirements of these Regulations.

Foreign Vessels

Marginal note:Navigation in frazil ice or ice slush

117 The authorized representative of a foreign vessel in the internal waters of Canada that navigates in frazil ice or ice slush conditions must ensure that the requirements for the design and construction of sea inlets set out in the annex to IMO Circular MSC/Circ.504, Guidance on design and construction of sea inlets under slush ice conditions, as amended from time to time, are complied with or that other means are used to prevent frazil ice or ice slush from blocking sea inlets.

[118 to 199 reserved]

PART 2Crew Accommodation Spaces and Recreational Facilities

Marginal note:“Competent authority” and guidelines

200 For the purposes of this Part, every reference to “competent authority” in MLC 2006 is to be read as “Minister” and the guidelines in the regulations of MLC 2006 that are incorporated by reference are to be interpreted as expressing an obligation.

Marginal note:Requirements — Title 3 of MLC 2006

201 A vessel must comply with the standards and guidelines for on-board accommodation and recreational facilities that are set out in standard A3.1 and guideline B3.1 of MLC 2006, other than those set out in the following provisions:

• (a) subparagraph 6(h) of standard A3.1; and

• (b) guideline B3.1.11.

Marginal note:Exception — vessels less than 200 gross tonnage

• 202 (1) The following provisions of MLC 2006 do not apply to a vessel of less than 200 gross tonnage that engages only on inland voyages:

  • (a) subparagraphs 6(e), 7(c), 9(n) and (o), 11(c), (d) and (f) and paragraphs 13 and 14 of standard A3.1; and

  • (b) paragraphs 2 and 3 of guideline B3.1.6, paragraphs 1 and 2 and subparagraph 3(d) of guideline B3.1.7 and paragraph 1 of guideline B3.1.9.

• Marginal note:Exception — towing vessels

  (2) The following provisions of MLC 2006 do not apply to a towing vessel of less than 5 gross tonnage:

  • (a) subparagraphs 6(a) and (b) and 9(f) and (k) of standard A3.1; and

  • (b) paragraphs 1 and 2 of guideline B3.1.1.

[203 to 299 reserved]

PART 3Additional Requirements

Elevators

Marginal note:Conformity — standard or equivalent requirements

• 300 (1) Every elevator on a vessel must be designed, constructed, installed, inspected and tested in accordance with

  • (a) Canadian Standards Association standard CSA B44.1/ASME A17.5, Elevator and escalator electrical equipment, as amended from time to time; or

  • (b) the requirements of a recognized organization that, in the opinion of the Minister, provide a level of safety at least equivalent to the standard.

• Marginal note:Definition of elevator

  (2) For the purposes of subsection (1), elevator includes a service elevator, escalator or moving walkway that is used to move personnel, passengers, maintenance equipment or ship supplies, except for tackle that is covered by the Cargo, Fumigation and Tackle Regulations.

Towing

Marginal note:Requirements

• 301 (1) A vessel that is constructed or converted for the purposes of towing must comply with the following requirements:

  • (a) its towing equipment must be accompanied by manufacturer test certificates that are kept on board and that indicate the safe working load of the equipment;

  • (b) the towing winch, towing hook, towline emergency release and the towline must be selected with an adequate safety factor taking into account the appropriate design load specified in the recommended practices and standards for the towing operations;

  • (c) its towing equipment and towline emergency release must be maintained in accordance with the manufacturer’s instructions;

  • (d) the towing equipment manuals must be kept on board;

  • (e) the towing equipment must have clear operating instructions, in English or French, depending on the working language of the vessel, located near all control positions;

  • (f) the towline emergency release must have clear operating instructions, in English or French, depending on the working language of the vessel, located near it;

  • (g) in the case of a vessel on which a towline is attached to a towing winch or to a hook, the vessel must have a towline emergency release

    • (i) that can operate in all conditions,

    • (ii) that can be activated at each local control position and can be remotely operated at each steering position,

    • (iii) that is independent of the main source of electrical power, and

    • (iv) the controls for which are immediately identifiable;

  • (h) the local control and steering positions referred to in subparagraph (g)(ii) must be well illuminated and compatible in design and configuration with the towline emergency release mechanism;

  • (i) each steering position must be connected to the towing winch control position by a two-way voice communication system;

  • (j) if the towing winch can be remotely controlled from more than one position, the vessel must be fitted with an arrangement that prevents more than one position from exercising control at any one time;

  • (k) each towing winch control must be fitted with a safeguard to prevent the inadvertent operation of the control;

  • (l) a towing winch must not be fitted with a ratchet device that could prevent the winch from paying out the towline;

  • (m) if the towline is attached to a bollard or to bitts, the vessel must have a mechanical arrangement that is able to sever or release the towline immediately;

  • (n) in the case of a vessel that is fitted with towing pins on the counter, the pins must be power-operated; and

  • (o) the control position for any power-operated towing pins on a vessel must be forward of the point of tow and the pins must be clearly visible from the control position.

• Marginal note:Assessment of bollard pull

  (2) A vessel that is constructed or converted for the purposes of towing must not undertake a towing operation unless the vessel’s bollard pull has been assessed and determined to be adequate for the operation in accordance with the recommended practices and standards and that assessment and determination are documented.