Short Title

1 These Regulations may be cited as the Classed Ships Inspection Regulations, 1988.

Interpretation

2 In these Regulations,

Act

Act means the Canada Shipping Act; (Loi)

classed

classed or in class, in respect of a ship, means a ship registered in Canada that meets the standards of a classification society and is classified by that classification society; (classé ou conforme à une classe)

classification society

classification society means a society or association for the classification of ships that is referred to in section 4; (société de classification)

date of completion of the initial construction

date of completion of the initial construction, in respect of a ship, means the date on which a ship is delivered by the builder to the first owner of the ship; (date d’achèvement de la construction initiale)

dry cargo ship

dry cargo ship means a cargo ship in which the greater part of the cargo space is constructed for the carriage of non-liquid cargo in bulk; (transporteur de marchandises sèches)

first inspection

first inspection, in respect of a ship, means a survey or inspection of a ship before the ship is first put into service in Canada, and includes a survey or inspection required as a result of

• (a) the ship being transferred from registry elsewhere than in Canada to Canadian registry, or

• (b) any alteration or renewal of the ship that alters substantially the principal dimensions or deadweight of the ship; (première inspection)

non-conventional

non-conventional, in respect of a ship, means a ship that

• (a) is constructed of materials,

• (b) uses fuels,

• (c) has been constructed by means or by the use of design techniques, or

• (d) has machinery installations,

that are unproved in general marine use and practice; (non conventionnel)

report

report means the report referred to in subsection 319(4) of the Act. (rapport)

Application

• 3 (1) Subject to subsection (2), these Regulations apply in respect of the following classes of steamships:

  • (a) dry cargo ships that are

    • (i) classed ships,

    • (ii) of 150 tons gross tonnage or more, and

    • (iii) certificated for voyages not exceeding the limits of an inland waters voyage; and

  • (b) tugs that are

    • (i) classed ships, and

    • (ii) of 150 tons gross tonnage or more.

• (2) These Regulations do not apply in respect of a ship referred to in subsection (1) that is

  • (a) a Safety Convention ship;

  • (b) a ship engaged in any voyage to or within an Arctic Shipping Safety Control Zone as set out in the Shipping Safety Control Zones Order;

  • (c) a passenger ship;

  • (d) a non-conventional ship;

  • (e) an off-shore supply vessel; or

  • (f) a fishing vessel.

4 For the purposes of these Regulations, the following classification societies are recognized:

• (a) American Bureau of Shipping;

• (b) Lloyd’s Register of Shipping; and

• (c) Bureau Veritas (Canada).

Classification Society Surveys or Inspections

• 5 (1) A survey or inspection of the hull, machinery and anchor equipment of a ship, other than a first inspection, that is made at a place in Canada by an exclusive surveyor to a classification society is deemed to be made by a steamship inspector.

• (2) A survey or inspection referred to in subsection (1) shall consist of a survey or inspection of all of the items set out in the schedule, to verify that each item is sufficient for the service intended and in good condition.

Reports of Exclusive Surveyors to a Classification Society

6 A report may be accepted by the Chairman or a steamship inspector if

• (a) the owner of a ship or a representative of the owner has given written notice to the Chairman of an intention to have the ship surveyed or inspected by an exclusive surveyor to a classification society, during a period of not less than five years after the date of the notice;

• (b) the ship is in class and the results of the most recent survey made by a classification society for the purpose of classification of the ship are provided with the notice referred to in paragraph (a);

• (c) all remedial action that is required as a result of a survey referred to in paragraph (b) has been taken and the relevant classification society provides a written statement that the ship is recommended for retention in class, which statement shall accompany the notice referred to in paragraph (a);

• (d) where a ship has been suspended, withheld or withdrawn from class during the period referred to in paragraph (a), a five year period beginning on the date of the suspension, withholding or withdrawal from class has expired;

• (e) in the report, the exclusive surveyor to the classification society certifies in writing that

  • (i) the survey or inspection of the hull, machinery and anchor equipment was carried out in accordance with the Act and any regulations made under the Act respecting inspection by a steamship inspector,

  • (ii) the exclusive surveyor recommends that the ship be retained in class, and

  • (iii) in the opinion of the exclusive surveyor, the hull, machinery and anchor equipment of the ship are

    • (A) sufficient for the service intended and in good condition, and

    • (B) constructed, arranged and fitted in accordance with the regulations made under Part VIII of the Act;

• (f) in respect of the ship, the classification society on whose behalf the report is made maintains a complete ship inspection record file and provides the Chairman with the record file for examination on request; and

• (g) the report is in the English or French language.

Survey or Inspection Periods

7 For the purposes of these Regulations, the longer period referred to in paragraph 316(2)(b) of the Act for surveys or inspections of the hull, machinery and anchor equipment of a ship is

• (a) 25 years after the date of completion of the initial construction, in the case of a dry cargo ship or tug that is certificated for voyages not exceeding the limits of an inland voyage; or

• (b) 20 years after the date of completion of the initial construction, in the case of a tug that is certificated for voyages outside the limits of an inland voyage.

Validity of Certificates

• 8 (1) Subject to subsection (2) and section 9, an inspection certificate issued in respect of a ship by the Chairman or by a steamship inspector ceases to be valid where

  • (a) all of the survey or inspection data on which the report is based is not given to the Chairman within 30 days after the completion of the survey or inspection;

  • (b) the ship is suspended, withheld or withdrawn from class;

  • (c) the classification society referred to in paragraph 6(f) has failed to comply with that paragraph;

  • (d) the ship is transferred from one classification society to another; or

  • (e) the owner or master of the ship fails to comply with subsection 377(1) of the Act.

• (2) A certificate referred to in subsection (1) remains valid in the circumstances set out in paragraphs (1)(a) to (e) until the Chairman gives to the owner of the ship a written notice setting out the reasons why the certificate is no longer valid.

9 On transfer of a ship from one classification society to another, the certificate referred to in subsection 8(1) ceases to be valid unless

• (a) immediately after the transfer, a survey or inspection is made of the ship by the other classification society of the items referred to in subsection 5(2), in the presence of a steamship inspector; and

• (b) the ship is brought in class by the other classification society.