Fishing Vessel Safety Regulations

Contents

1 #

[Repealed, SOR/2016-163, s. 2] (repealed)

2Definitions#

The following definitions apply in these Regulations.

amidships means

(a)in Part 0.1, the mid-point of the hull length of a fishing vessel; and

(b)in Parts I and II, the mid-point of the length of a fishing vessel. (milieu du bâtiment)

closed construction, in respect of a fishing vessel, means that more than 50 per cent of the length of the vessel is covered full width, at or above the gunwale level, by decks or permanent enclosures. (ponté)

existing, in respect of a fishing vessel, means that the vessel is not new. (existant)

fishing vessel means a vessel that is used or is to be used for commercially catching, harvesting or transporting fish or other living marine resources. (bâtiment de pêche)

length, in respect of a fishing vessel, means, in Parts I and II,

(a)the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post, except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock; or

(b)if the vessel has no rudder stock or has a rudder stock situated outside the hull at the stern, the distance from the foreside of the foremost permanent structure of the vessel to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes. (longueur)

new, in respect of a fishing vessel, means, in Parts I and II, that construction of the vessel started on or after January 6, 1965. This definition applies also to any foreign fishing vessel brought under Canadian registry, regardless of the date on which its construction started. (neuf)

open construction, in respect of a fishing vessel, means that the vessel is not one of closed construction. (non ponté)

TP 127 means the Ship Safety Electrical Standards, issued by the Department of Transport, as amended from time to time. (TP 127)

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Application

3Canadian vessels#

These Regulations apply in respect of fishing vessels that are Canadian vessels and that are not more than 24.4 m in length and not more than 150 gross tonnage.^note

Part 0.1 · Interpretation

3.01Definitions#

(1)The following definitions apply in this Part.

breadth means the maximum breadth of a fishing vessel, measured amidships to the moulded line of the frame in the case of a vessel with metal shell plating, and measured to the outer surface of the shell plating in any other case. (largeur)

classification society means a classification society that is a member of the International Association of Classification Societies (IACS). (société de classification)

engine space means any space that contains a permanently installed propulsion engine or auxiliary engine, and includes any connected spaces. (compartiment moteur)

EPIRB means an emergency position-indicating radio beacon. (RLS)

hull length, in respect of a fishing 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 de coque)

IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)

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

IS Code means the annex to International Maritime Organization Resolution MSC.267(85), International Code on Intact Stability, 2008. (recueil IS)

lifebuoy means a SOLAS lifebuoy or a small vessel lifebuoy. (bouée de sauvetage)

lifejacket means a small vessel lifejacket, a standard lifejacket, a Class 1 or Class 2 lifejacket or a SOLAS lifejacket. (gilet de sauvetage)

life raft means a SOLAS life raft, a reduced capacity life raft or a coastal life raft. (radeau de sauvetage)

LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)

machinery space means any space containing propelling machinery, steering gears, boilers, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and any similar spaces and trunks to those spaces. (tranche des machines)

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

near coastal voyage, Class 2, restricted to 2 nautical miles means a near coastal voyage, Class 2, during which the fishing vessel engaged on the voyage is always within 2 nautical miles from shore. (voyage à proximité du littoral, classe 2, limité à 2 milles)

new, in respect of a fishing vessel, means that construction of the vessel started — or that a contract was signed for the construction of the vessel or that the vessel was imported into Canada and registered for the first time in Canada — more than one year after the day on which these Regulations come into force. (neuf)

permanently installed, in respect of an object, means securely fastened so that tools must be used for its removal. (fixé à demeure)

power-driven, in respect of a fishing vessel, means that the fishing vessel is propelled by an engine or has an engine on board to propel it. (à propulsion mécanique)

product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including initial certification of the product and maintenance of that certification. (organisme de certification de produits)

pyrotechnic distress signal means a rocket parachute flare, a multi-star flare, a hand flare, or a buoyant or hand smoke signal. (signal de détresse pyrotechnique)

readily accessible means capable of being reached easily and safely under emergency conditions without the use of tools. (facilement accessible)

reboarding device means a ladder, lifting harness or other apparatus, not including any part of a fishing vessel’s propulsion unit, that assists a person to reboard the vessel from the water. (dispositif de remontée à bord)

recommended practices and standards means the recommended practices and standards for marine use issued by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)

recovery boat means a boat that is auxiliary to a fishing vessel and that can be used in an emergency. (embarcation de récupération)

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

SOLAS means the International Convention for the Safety of Life at Sea, 1974. (SOLAS)

sound-signalling device means a pealess whistle or a compressed-gas or electric horn. (dispositif de signalisation sonore)

TP 1332 means the Construction Standards for Small Vessels, published by the Department of Transport. (TP 1332)

TP 14475 means the Canadian Life Saving Appliance Standard, published by the Department of Transport. (TP 14475)

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

watertight, in respect of a structure, means capable of preventing the passage of water through the structure in any direction under a head of water for which the structure is designed. (étanche à l’eau)

weathertight, in respect of a fishing vessel, means that in any sea conditions water will not penetrate into the vessel. (étanche aux intempéries)

(1.1)For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:

(a)subsection 3.25(1); and

(b)subparagraphs 2(b)(ii), 3(b)(ii), 4(b)(ii) and 5(b)(ii) of the table to subsection 3.27(1).

(1.2)For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.

(2)Except as otherwise indicated in this Part, any reference in this Part to a document is a reference to that document as amended from time to time.

(3)In the event of an inconsistency between a provision in a document incorporated by reference and a provision in this Part, the provision in this Part prevails.

(4)For the purposes of this Part, a reference to the date of construction, manufacture or rebuilding of a fishing vessel is to be read as a reference to the date on which the actual construction, manufacture or rebuilding starts.

(5)For the purposes of the application of the IS Code,

(a)“Administration” shall be read as “Minister”;

(b)“should” shall be read as “shall”, and any recommendations are to be considered mandatory; and

(c)any guidelines, explanatory notes, requirements or similar matters set out in a document referred to in a footnote to the IS Code are to be considered mandatory.

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3.02Responsibility#

Unless otherwise indicated in this Part, the authorized representative and the master of a fishing vessel shall ensure that the requirements of this Part are met.^note

Division 1 — General Requirements

Safe Operation

3.03Design, construction and equipment#

(1)The authorized representative of a fishing vessel shall ensure that the vessel is designed, constructed and equipped to operate safely and be seaworthy in its area of operation.

(2)If the Minister has reasonable grounds to believe that the design, construction or equipment of a fishing vessel adversely affects its safe operation or seaworthiness in its area of operation, the Minister shall request the authorized representative of the vessel to establish that the vessel meets the requirements of subsection (1).

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3.04Maintenance of machinery and equipment#

(1)A fishing vessel, as well as its machinery and equipment, shall be maintained to ensure that it is in a safe operating condition.

(2)The authorized representative of a fishing vessel shall maintain records on the maintenance of the vessel and of its machinery and equipment.

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Prohibition — Operational Limits

3.05Prohibition — freezing spray#

(1)No person shall operate, or permit another person to operate, a fishing vessel in an area for which a freezing spray warning has been issued by Environment Canada unless the stability assessment for the vessel has demonstrated that the vessel has the capability to operate safely in freezing spray conditions when ice accretion is likely to occur.

(2)If a freezing spray warning has been issued by Environment Canada for an area in which a fishing vessel is operated or is intended to be operated, the vessel shall carry on board a means to remove accumulated ice from the vessel.

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General Prohibitions

3.06Before first putting into service#

(1)The authorized representative of a fishing vessel shall not operate, or permit another person to operate, the fishing vessel unless, before the vessel is first put into service, its authorized representative has informed the Minister of

(a)the intention to operate the vessel or permit its operation;

(b)the physical characteristics of the vessel; and

(c)the nature of its operation.

(2)The authorized representative of a fishing vessel shall provide the Minister, on request, with information respecting the physical characteristics of the fishing vessel and the nature of its operation.

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3.07Exceeding design limitations#

No person shall operate, or permit another person to operate, a fishing vessel under circumstances that exceed its design limitations.^note

3.08Careless operation#

No person shall operate a fishing vessel in a careless manner, without due care and attention or without reasonable consideration for other persons.^note

3.09Safety of persons on board jeopardized#

No person shall operate, or permit another person to operate, a fishing vessel in environmental conditions or circumstances that could jeopardize the safety of persons on board unless a lifejacket required by this Part, or a personal flotation device that meets the requirements of section 3.2, is worn

(a)by all persons on board, in the case of a fishing vessel that has no deck or deck structure; or

(b)by all persons on the deck or in the cockpit, in the case of a fishing vessel that has a deck or deck structure.

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General Requirements

3.1Openings closed at sea#

When a fishing vessel is at sea, openings on the vessel that are exposed to the weather and to the sea and that can be closed shall be kept closed unless they must be kept open for the operation of the vessel, in which case they shall be closed immediately if there is a danger of water entering the interior spaces of the hull.^note

3.11Stowage of tools and spare parts#

Tools and spare parts necessary for performing routine maintenance on and minor repairs to machinery, electrical equipment and installations shall be carried on board a fishing vessel and securely stowed in a readily accessible location.^note

3.12Record of modifications affecting stability#

The authorized representative of a fishing vessel shall ensure that a record is kept of any modification or series of modifications that affects the stability of the vessel. The record shall be in the form and manner specified by the Minister.^note

Fuel

3.13Engine space blower#

No person shall start a gasoline-powered fishing vessel unless the engine space blower has been operated for a period of not less than four minutes immediately before the engine is started.^note

3.14Leakage of fuel#

(1)No person shall permit fuel leakage within or from a fishing vessel.

(2)No person shall permit fuel or oil to be discharged from a fishing vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in section 5 of Part 1 and Subdivision 4 of Division 1 of Part 2 of the Vessel Pollution and Dangerous Chemicals Regulations.

(3)No person shall fuel a gasoline-powered fishing vessel that is at dockside or beached unless

(a)if the vessel is equipped with a portable fuel tank, the tank is first removed from it; or

(b)if the vessel is equipped with a fixed fuel tank, the person fuelling the vessel is the only person on board.

(4)No person shall fuel a gasoline-powered fishing vessel that is equipped with a fixed fuel tank unless all electrical equipment is switched off, all doors, windows and ports are closed, all engines are shut off and all open flames, including pilot lights, are extinguished.

(5)No person shall carry liquid fuel on board a fishing vessel in a portable container that has not been designed to carry the fuel.

(6)A portable fuel tank containing fuel and carried on board a fishing vessel shall be stored as far away as practicable from heat and ignition sources, machinery spaces and crew’s quarters.

(7)No person shall fill a fixed fuel tank on board a fishing vessel by means of a funnel, nozzle or similar device unless continuous contact is maintained between the shipboard filling pipe and the filling device immediately prior to and during the fuelling operation.

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3.15Portable fuel-burning equipment or appliance#

Any portable fuel-burning equipment or appliance used on a fishing vessel shall be

(a)used only in a well-ventilated location that is in an open space or on an open deck;

(b)well secured to prevent its movement while in use; and

(c)when not in use, stored in a well-ventilated location that is isolated from heat and ignition sources.

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Safety Procedures

3.16Written safety procedures#

(1)Safety procedures shall be established in writing, in English or French or in both, according to the needs of the crew, and implemented to familiarize persons on board a fishing vessel with

(a)the location and use of all safety equipment;

(b)all the measures that must be taken to protect persons on board, in particular measures to prevent persons from falling overboard, measures to retrieve persons who have fallen overboard, measures to protect limbs from rotating equipment, and measures to avoid ropes, docking lines, nets and other fishing equipment that may pose a safety hazard to persons on board;

(c)in the case of beam trawling and purse seining operations, the quick release of loads that can be activated in an emergency;

(d)all the measures that must be taken to prevent fires and explosions on the vessel;

(e)if the vessel has a deck or deck structure, all the measures that must be taken to maintain watertightness and weathertightness and to prevent flooding of the interior spaces of the hull or, if the vessel has no deck or deck structure, all the measures that must be taken to prevent swamping of the vessel;

(f)all the measures that must be taken to ensure safe loading, stowage and unloading of fish catches, baits and consumables; and

(g)the operation of towing and lifting equipment and the measures that must be taken to prevent overloading of the vessel.

(2)Drills on the safety procedures shall be held to ensure that the crew is at all times proficient in carrying out those procedures.

(3)A record shall be kept of every drill.

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Records

3.17Record keeping — maintenance and drills#

(1)A record on the maintenance of a fishing vessel and a record of a drill on the safety procedures shall be kept for a period of seven years after the day on which it is established.

(2)In the case of a fishing vessel that has undergone a stability assessment, a record of a modification or series of modifications that affects the stability of the vessel shall be kept until the vessel undergoes a new stability assessment that takes into account the modification or series of modifications.

(3)When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with any records kept in respect of the vessel.

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Division 2 — Safety Equipment

Requirements

3.18Prohibition#

(1)No person shall operate, or permit another person to operate, a fishing vessel unless the safety equipment required by this Division is carried on board the vessel and the equipment meets the requirements of this Division.

(2)However, equipment that was acquired before the day on which this Division comes into force may replace any safety equipment required by this Division if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

(3)Any equipment that exceeds the quantity of safety equipment required and that was acquired before the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

(4)Any equipment that exceeds the quantity of safety equipment required and that was acquired on or after the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of this Division.

(5)Any equipment that is not of a type referred to in this Division may be carried on board a fishing vessel if the equipment is not likely to be confused with safety equipment.

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Standards and Approval

3.19Mark or label indicating approval by Minister#

(1)An immersion suit, anti-exposure suit, emergency boat, recovery boat or rescue boat that is referred to in these Regulations and that may be carried on board a fishing vessel shall bear a mark or label indicating that it is of a type approved by the Minister.

(2)The Minister shall approve a type of equipment referred to in subsection (1) if it is shown to meet the applicable standards and tests referred to in Schedule X.

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3.2Mark or label — Small Vessel Regulations#

(1)A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft referred to in these Regulations shall bear a mark or label indicating that it is of a type approved by the Minister under the Small Vessel Regulations.

(2)Subsection (1) does not apply to a personal flotation device if it has been approved by the Director of Ship Safety of the Department of Transport or by the Department of Fisheries and Oceans and if it bears a mark or label indicating that it was approved by one of those departments or by the Canadian Coast Guard.

(3)An approved personal flotation device

(a)shall be fitted with retro-reflective tape and a whistle; and

(b)shall have an outer covering of a highly visible colour or, in the case of an inflatable personal flotation device, shall have an internal bladder of a highly visible colour.

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Substitute Safety Equipment

3.21Equivalent level of safety#

(1)If the Minister determines that there are circumstances in which equipment other than the safety equipment required by these Regulations provides a level of safety at least equivalent to that provided by the required safety equipment, the other equipment may be substituted for the required safety equipment in those circumstances.

(2)To determine the level of safety provided by the substitute equipment in the circumstances, the Minister shall assess the following factors:

(a)the nature of the activity;

(b)the environmental conditions;

(c)the nature of the risks to which persons on board are exposed;

(d)the specific characteristics of the equipment;

(e)the recommended practices and standards to which the equipment conforms;

(f)the manner in which the equipment will be used; and

(g)the ability of the equipment to protect a person from injury.

(3)The substitute equipment shall bear a mark or label indicating that it conforms to the recommended practices and standards applicable to that type of equipment.

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Accessibility and Maintenance

3.22Requirements for safety equipment#

(1)The safety equipment required by these Regulations shall

(a)be in good working order;

(b)be readily accessible and available for immediate use; and

(c)except for a life raft, be maintained and replaced in accordance with the manufacturer’s instructions or recommendations.

(2)Safety equipment shall not be altered in any way that compromises its performance or that diminishes the integrity or readability of a marking set out in a standard related to it.

(3)A portable fire extinguisher and a fixed fire extinguishing system required by these Regulations shall be kept fully charged.

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Marks and Labels

3.23English and French#

A mark or label on the safety equipment required by this Division, and any related manufacturer’s instructions or recommendations, shall be in English and French.^note

First Aid Kit

3.24Contents#

A fishing vessel shall carry on board one of the following first aid kits, which shall be packed in a waterproof case that is capable of being tightly closed after use:

(a)a marine emergency first aid kit that contains the following:

(i)an up-to-date first aid manual or up-to-date first aid instructions, in English and French,

(ii)48 doses of analgesic medication of a non-narcotic type,

(iii)six safety pins or one roll of adhesive first aid tape,

(iv)one pair of bandage scissors or safety scissors,

(v)one resuscitation face shield,

(vi)two pairs of examination gloves,

(vii)10 applications of antiseptic preparations,

(viii)12 applications of burn preparations,

(ix)20 adhesive plasters in assorted sizes,

(x)10 sterile compression bandages in assorted sizes,

(xi)4 m of elastic bandage,

(xii)two sterile gauze compresses,

(xiii)two triangular bandages, and

(xiv)a waterproof list of the contents, in English and French; or

(b)a first aid kit that meets the requirements of the Maritime Occupational Health and Safety Regulations or of provincial regulations governing workers’ compensation, with the addition of a resuscitation face shield and two pairs of examination gloves if the kit is not required to contain them.

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Life-saving Appliances

Personal Life-saving Appliances

3.25Lifejacket#

(1)A fishing vessel shall carry on board a lifejacket of an appropriate size for each person on board, but the lifejacket shall not be a Class 2 lifejacket or a small vessel lifejacket if the vessel is engaged on a voyage beyond the limits of a near coastal voyage, Class 2.

(2)Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, may carry on board a personal flotation device that meets the requirements of section 3.2 if

(a)the personal flotation device

(i)provides at least 100 N of buoyancy and has a turning capability, or

(ii)is designed to provide thermal protection; and

(b)in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board or, in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.

(3)Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, restricted to 2 nautical miles, or a sheltered waters voyage, may carry on board a personal flotation device that meets the requirements of section 3.2 if

(a)in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board; or

(b)in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.

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3.26Additional personal life-saving appliances#

(1)A fishing vessel shall carry on board the following additional personal life-saving appliances:

(a)a reboarding device;

(b)an apparatus that can be used to retrieve a person who has fallen overboard without the assistance of the person overboard, unless the vessel carries a recovery boat or the operator of the vessel is the only person on board; and

(c)in the case of a fishing vessel that has a hull length set out in column 1 of the table to this paragraph, the additional personal life-saving appliances set out in column 2. | Column 1 | Column 2Item | Hull Length | Additional Personal Life-saving Appliances1 | Not more than 6 m | a buoyant heaving line of not less than 15 m in length2 | More than 6 m but not more than 9 m | (a)a buoyant heaving line of not less than 15 m in length; or(b)a lifebuoy attached to a buoyant line of not less than 15 m in length3 | More than 9 m but not more than 12 m | (a)a buoyant heaving line of not less than 15 m in length; and(b)a lifebuoy attached to a buoyant line of not less than 15 m in length4 | More than 12 m but not more than 15 m | (a)a buoyant heaving line of not less than 30 m in length; and(b)a SOLAS lifebuoy that is equipped with a self-igniting light or that is attached to a buoyant line of not less than 30 m in length5 | More than 15 m | (a)a buoyant heaving line of not less than 30 m in length;(b)a SOLAS lifebuoy attached to a buoyant line of not less than 30 m in length; and(c)a SOLAS lifebuoy that is equipped with a self-igniting light

(2)A buoyant heaving line set out in the table to paragraph (1)(c) shall be fitted at one end with a buoyant mass that will assist in carrying out the end of the line when the line is thrown.

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Visual Signals

3.27Requirement to carry on board#

(1)A fishing vessel that has a hull length set out in column 1 of the table to this subsection shall carry on board the visual signals set out in column 2. | Column 1 | Column 2Item | Hull length | Visual Signals1 | Not more than 6 m | (a)a watertight flashlight; and(b)three pyrotechnic distress signals other than smoke signals2 | More than 6 m but not more than 9 m | (a)a watertight flashlight; and(b)the following visual signals:(i)for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals other than smoke signals, or(ii)for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals — other than smoke signals — of which at least two are rocket parachute flares3 | More than 9 m but not more than 12 m | (a)a watertight flashlight;(b)the following visual signals:(i)for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals of which not more than three are smoke signals, or(ii)for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals of which at least two are rocket parachute flares and not more than three are smoke signals, which shall be buoyant smoke signals; and(c)a signalling mirror4 | More than 12 m but not more than 15 m | (a)a watertight flashlight;(b)the following visual signals:(i)for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or(ii)for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least four are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and(c)a signalling mirror5 | More than 15 m | (a)a watertight flashlight;(b)the following visual signals:(i)for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or(ii)for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least six are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and(c)a signalling mirror

(2)A fishing vessel is not required to carry on board pyrotechnic distress signals if the vessel is equipped with a two-way radio communication system that makes it possible to maintain communication and the vessel is operated

(a)on a river, canal or lake where it cannot at any time be more than one nautical mile from the closest shore;

(b)exclusively within the confines of a manned aquaculture facility; or

(c)within 500 m from shore.

(3)A pyrotechnic distress signal expires four years after its date of manufacture.

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Life Rafts and Other Life-saving Appliances

3.28Requirement to carry on board#

(1)A fishing vessel that is engaged on a voyage set out in column 1 of the table to this subsection, and that has a hull length set out in column 2, shall carry on board the life-saving appliances set out in column 3. | Column 1 | Column 2 | Column 3Item | Voyage | Hull Length | Other Life-saving Appliances1 | Unlimited | Any length | (a)two or more SOLAS life rafts or reduced capacity life rafts with a total capacity that is sufficient to carry, on each side of the vessel, the number of persons on board;(b)one recovery boat; and(c)an immersion suit of an appropriate size for each person on board2 | Near coastal voyage, class 1 | Any length | (a)one or more SOLAS life rafts or reduced capacity life rafts with total a capacity that is sufficient to carry the number of persons on board; and(b)an immersion suit of an appropriate size for each person on board3 | Near coastal voyage, class 2 | More than 12 m | (a)one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board;(b)an EPIRB, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020; and(c)if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board4 | Near coastal voyage, class 2 | Not more than 12 m | (a)one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board; or(b)the following equipment:(i)an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020, and(ii)if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board5 | Sheltered waters voyage or near coastal voyage, class 2, restricted to 2 nautical miles | Any length | (a)one or more life rafts or recovery boats with a total capacity that is sufficient to carry the number of the persons on board; or(b)the following equipment:(i)an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020, and(ii)if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board

(2)Instead of carrying on board the appliances referred to in subparagraph 5(b)(ii) of the table to subsection (1), a fishing vessel engaged on a sheltered waters voyage may carry on board appliances or written procedures, or a combination of both, for protecting all persons on board from the effects of hypothermia or cold shock resulting from swamping, capsizing or falling overboard.

(3)A fishing vessel referred in subsection (1) is not required to carry on board a recovery boat if the vessel carries on board an emergency boat, a rescue boat, or a seine skiff that is ordinarily used in the fishing vessel’s fishing operations.

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3.29Requirements for life rafts#

A life raft that is carried on board a fishing vessel shall

(a)be marked with the date and place of last service;

(b)be serviced, at the intervals set out in section 119 of the Life Saving Equipment Regulations, at a service station that is accredited by the manufacturer of the life raft; and

(c)except in the case of a coastal life raft that is packed in a valise-type container, be stored in a manner that allows it to automatically float free if the vessel sinks.

^note

3.3Requirements for recovery boats#

A recovery boat that is carried on board a fishing vessel shall carry on board the following equipment:

(a)a buoyant safety knife secured near the painter;

(b)a bailer secured within the boat;

(c)a set of oars or paddles, with locks, secured within the boat;

(d)a boat hook;

(e)a painter secured forward, or a quick release slip that can be operated under strain;

(f)if there are plugholes, a plug for each plughole, secured near the plughole;

(g)a buoyant heaving line of not less than 15 m in length;

(h)a flash light with spare bulb and batteries;

(i)a rustproof whistle;

(j)two red hand flares; and

(k)in the case of an inflatable boat, an air pump with fittings suitable for replenishing the inflated chambers.

^note

3.31Launching appliance#

A life raft, emergency boat, recovery boat or rescue boat shall be equipped with a launching appliance, unless it is capable of being launched safely and rapidly by manual means.^note

Vessel Safety Equipment

3.32Bailers and bilge pumps#

(1)A fishing vessel that has a hull length of not more than 9 m shall carry on board a bailer or a manual bilge pump.

(2)A fishing vessel that has a hull length of more than 9 m shall carry on board a manual bilge pump.

(3)The bailer referred to in subsection (1) shall be made of plastic or metal, have an opening of at least 65 cm² and have a capacity of at least 750 mL.

(4)The manual bilge pump referred to in subsections (1) and (2) shall be

(a)fitted with or accompanied by a sufficient length of piping or hose to enable water to be pumped from the bilge space of the fishing vessel over the side of the vessel; and

(b)capable of being operated from a position above the deck of the fishing vessel.

^note

3.33Manual propelling device#

A fishing vessel that has no deck or deck structure and that has a hull length of not more than 6 m shall carry on board a set of oars, a paddle or another device that uses human power to propel the vessel.^note

3.34Anchoring and mooring equipment#

(1)A fishing vessel shall carry on board

(a)anchoring equipment that conforms to recommended practices and standards and that is arranged in such a way that the anchor can be deployed and retrieved effectively;

(b)means to fix the anchor rope to the vessel and to protect the rope against chafing; and

(c)equipment and fittings that are arranged in such a way that the vessel can be effectively secured alongside or moored.

(2)The anchoring equipment shall be resistant to dragging under normal operating conditions, taking into account the fishing vessel’s displacement and windage area.

^note

Navigation Equipment

3.35Illumination of compasses#

(1)A compass that is required to be fitted on a fishing vessel under the Navigation Safety Regulations, 2020, shall be capable of being illuminated.

(2)A fishing vessel that has a hull length of not more than 8 m and navigates within sight of seamarks shall either carry on board a handheld compass or be fitted with a compass that meets the requirements of the Navigation Safety Regulations, 2020 and can be illuminated.

^note

3.36Other navigation equipment#

A fishing vessel

(a)shall be equipped with means for determining the depth of water under the vessel, unless the vessel is equipped with lead lines in accordance with the Navigation Safety Regulations, 2020; and

(b)shall carry on board a sound-signalling device, unless the vessel is carrying on board a sound-signalling appliance required by the Collision Regulations.

^note

Firefighting Equipment

3.37Requirement to carry on board#

(1)A fishing vessel that has a hull length set out in column 1 of the table to this subsection shall carry on board the firefighting equipment set out in column 2 as indicated in that column. | Column 1 | Column 2Item | Hull Length | Firefighting Equipment1 | Not more than 6 m | (a)a 1A:5B:C portable fire extinguisher; and(b)a 1A:5B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance2 | More than 6 m but not more than 9 m | (a)a 2A:10B:C portable fire extinguisher;(b)a 2A:10B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance; and(c)a 10B:C portable fire extinguisher at the entrance to the engine space3 | More than 9 m but not more than 15 m | (a)a 2A:10B:C portable fire extinguisher;(b)a 2A:10B:C portable fire extinguisher at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance;(c)a 10B:C portable fire extinguisher at the entrance to the engine space;(d)a fire axe; and(e)a bucket4 | More than 15 m | (a)a 2A:20B:C portable fire extinguisher;(b)a 2A:20B:C portable fire extinguisher at the following locations:(i)at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance, and(ii)at the entrance to each accommodation space;(c)a 20B:C portable fire extinguisher at the entrance to the engine space;(d)a fire axe; and(e)two buckets

(2)A fishing vessel that is not power-driven and is not equipped with an electrical system is not required to carry on board a portable fire extinguisher set out in paragraphs 1(a), 2(a), 3(a) and 4(a) of the table to subsection (1).

(3)The total number of portable fire extinguishers that must be carried on board a fishing vessel may be reduced by one if the remaining fire extinguishers are arranged so as to be readily accessible near the equipment or locations referred to in paragraphs 1(b), 2(b) and (c), 3(b) and (c) and 4(b) and (c) of the table to subsection (1).

(4)A bucket set out in paragraphs 3(e) and 4(e) of the table to subsection (1) shall have a capacity of 10 L or more and be fitted with a lanyard of sufficient length to reach the water from the location in which it is stored.

^note

3.38Portable fire extinguishers#

(1)A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall

(a)bear a mark indicating that it is certified for marine use by a product certification body; or

(b)be of a type that is approved by the United States Coast Guard.

(2)A portable fire extinguisher that is carried on board a fishing vessel imported into Canada and that does not meet the requirements of subsection (1) shall be certified for marine use by a product certification body or a classification society.

^note

3.39Classes of fires#

In any reference in these Regulations to the classification of a portable fire extinguisher, the letters in the classification refer to the following classes of fires:

(a)Class A fires, namely, fires that involve combustible materials such as wood, cloth, paper, rubber and plastic;

(b)Class B fires, namely, fires that involve inflammable liquids, gases and greases;

(c)Class C fires, namely, fires in energized electrical equipment, where the electrical non-conductivity of the extinguishing media is of importance; and

(d)Class K fires, namely, fires in cooking appliances that involve combustible cooking media such as vegetable or animal oils or fats.

^note

3.4Exception#

A fishing vessel may carry on board a portable fire extinguisher that is not marked with a classification set out in column 1 of the table to this section if the fire extinguisher contains an extinguishing agent that is set out in column 2, 3 or 4 and that is of a net weight that corresponds to the classification set out in column 1, and if the fire extinguisher meets the requirements of these Regulations in all other respects. | Column 1 | Column 2 | Column 3 | Column 4 | | Multi-purpose Dry Chemical (ammonium phosphate) | Regular Dry Chemical (sodium bicarbonate) (Class B and C fires only) | Carbon Dioxide (Class B and C fires only) | | Net Weight | Net Weight | Net WeightItem | Classification | kg | lbs. | kg | lbs. | kg | lbs.1 | 1A:5B:C | 1.5 | 3 | | | | 2 | 2A:10B:C | 2.25 | 5 | | | | 3 | 2A:20B:C | 4.5 | 10 | | | | 4 | 5B:C | 1.5 | 3 | 1.5 | 3 | 2.25 | 55 | 10B:C | 2.25 | 5 | 2.25 | 5 | 4.5 | 106 | 20B:C | 4.5 | 10 | 4.5 | 10 | 9 | 20^note

3.41Exceeds classification#

A fishing vessel may carry on board a portable fire extinguisher that exceeds the classification set out for that fire extinguisher in this Division.^note

3.42Extinguishing agent#

(1)A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall contain an extinguishing agent capable of extinguishing any potential fire in the compartment for which the fire extinguisher is intended, and shall not weigh more than 23 kg.

(2)A portable fire extinguisher rated for Class B fires and required by these Regulations to be carried on board a fishing vessel may be replaced with a portable fire extinguisher rated for Class K fires if it is intended for use in an area with cooking appliances that use combustible cooking media.

(3)A portable carbon dioxide fire extinguisher shall be fitted with an electrically non-conductive horn.

^note

3.43Mounting#

(1)A portable fire extinguisher set out in column 2 of the table to subsection 3.37(1) shall be mounted with a clamp or bracket that provides a quick and positive release.

(2)A portable fire extinguisher intended for use in an accommodation space, or stored in an accommodation space, shall not contain a gas extinguishing agent.

^note

Division 3 — Stability

Application

3.44Application#

(1)This Division applies in respect of a fishing vessel that is propelled or designed to be propelled by an engine.

(2)This Division does not apply in respect of a wooden fishing vessel that was designed to be human-powered but has been modified for propulsion by an outboard motor and

(a)has no deck or deck structure;

(b)is not mass produced; and

(c)has been constructed following traditional methods that have been proven to be effective and reliable over time.

^note

Stability Standards and Demonstration

3.45Existing vessels — adequate stability#

The stability and, if applicable, the buoyancy and flotation of an existing fishing vessel that is not required to undergo a stability assessment shall be adequate to safely carry out the vessel’s intended operations.^note

3.46New vessels of more than 6 m but not more than 9 m#

(1)The stability of a new fishing vessel that has a hull length of more than 6 m and not more than 9 m shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

(2)The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the selected recommended practices and standards.

(3)If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

^note

3.47New vessels of not more than 6 m#

(1)The stability of a new fishing vessel that has a hull length of not more than 6 m shall conform to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

(2)The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

(3)If Section 4 of TP 1332 does not contain standards respecting some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

^note

Stability Assessment and Stability Standards

Stability Assessment

3.48Stability assessment required#

(1)No person shall operate, or permit another person to operate, a fishing vessel in the following cases unless the vessel has successfully undergone a stability assessment conducted by a competent person:

(a)the vessel has a hull length of more than 9 m and

(i)it is new, or

(ii)it has undergone a major modification or a change in activity that is likely to adversely affect its stability;

(b)the vessel is an existing vessel of closed construction, is of more than 15 gross tonnage, is used for catching herring or capelin and, during the period beginning on July 6, 1977 and ending on the day before this Division comes into force,

(i)its keel was laid,

(ii)it was registered under Part 2 of the Canada Shipping Act, 2001, or under Part 1 the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985,

(iii)it was converted to herring or capelin fishing, or

(iv)it underwent any modifications that adversely affected its stability characteristics; or

(c)the vessel is fitted with an anti-roll tank.

(2)The fishing vessel may undergo either a full or a simplified stability assessment, but shall undergo a full stability assessment

(a)if the vessel is carrying fish in bulk that exhibit free surface effect, unless

(i)the fish are carried in containers such as pails, boxes or tote tanks of which none exceed one third of the breadth of the vessel, or

(ii)the fish hold or deck is divided by two fishtight longitudinal divisions, secured in place;

(b)if the vessel is carrying fish or liquids that exhibit free surface effect in containers such as live wells, tote tanks or tanked fish holds of which any exceed one third of the breadth of the vessel and

(i)are not designed to be used at maximum capacity only,

(ii)are not filled before the vessel’s departure or in calm waters, and

(iii)are not fitted with an alarm to indicate when the tank is not at maximum capacity;

(c)if the vessel is fitted with an anti-roll tank; or

(d)if the vessel is new and has a hull length of more than 18 m.

(3)In this section, major modification means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability.

^note

Stability Standards

3.49Simplified stability assessment#

(1)The stability of a fishing vessel that undergoes a simplified stability assessment shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

(2)If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

^note

3.5Full stability assessment#

(1)The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

(2)If the standards set out in the IS Code do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

^note

Persons and Organizations Competent to Conduct a Stability Assessment

3.51Regulatory authorization — full or simplified stability assessment#

The following persons and organizations are competent to conduct a full or simplified stability assessment:

(a)an engineer who is a member in good standing of the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or a state of the United States;

(b)a classification society; and

(c)a person who has at least three years of post-secondary education in the field of naval architecture, who is a member in good standing of an order or an association of technologists or technicians of a province of Canada, and who has at least five years’ experience in the marine transportation industry.

^note

3.52Regulatory authorization — simplified stability assessment#

(1)The following persons are competent to conduct a simplified stability assessment if they have received training, from a training institution or any other organization, in the application of the standards used to conduct a simplified stability assessment and if they have practical experience in the application of those standards:

(a)a marine surveyor who is a member in good standing of a national association of accredited or certified marine surveyors of Canada or of the United States; and

(b)a builder, manufacturer or rebuilder of fishing vessels.

(2)A person who meets the following requirements is also competent to conduct a simplified stability assessment:

(a)the person has received training from a competent person in the application of the standards used to conduct a simplified stability assessment; and

(b)the person has, after receiving the training, acquired practical experience in the application of those standards.

^note

3.53Designation by Minister — full or simplified stability assessment#

(1)The Minister shall designate a person or class of persons as competent to conduct a full or simplified stability assessment if the person or class of persons has received training in the application of the standards that will be used to conduct the assessment and has the knowledge and experience to conduct the assessment.

(2)A person who applies to the Minister to be designated as competent to conduct a full or simplified stability assessment shall provide the Minister with the person’s contact information.

^note

3.54Update of contact information#

A person designated by the Minister as competent to conduct a full or simplified stability assessment shall provide the Minister with updated contact information as soon as possible.^note

3.55Cancellation of designation#

The Minister shall cancel the designation of a person or class of persons as competent to conduct a full or simplified stability assessment if the Minister has reasonable grounds to believe that the person or class of persons no longer meets the criteria for the designation or, in the case of a person, that the person has acted fraudulently in the performance of his or her duties.^note

3.56Suspension of designation#

The Minister shall suspend the designation of a person as competent to conduct a full or simplified stability assessment if the person does not provide the Minister with updated contact information.^note

Obligations — Competent Person

3.57Assessment of compliance#

A competent person who conducts a stability assessment for a fishing vessel shall

(a)verify whether the vessel conforms to the stability standards that are applied to the vessel and, if those standards do not take into account some of the activities of the vessel, assess the impact of those activities on the stability of the vessel;

(b)provide the authorized representative of the vessel, in English or French or in both, according to the needs of the crew, with a stability booklet in the case of a full stability assessment, or with a record of stability in the case of a simplified stability assessment, that sets out

(i)the stability standards that were applied to the vessel,

(ii)information, in the form and manner set out in the standards, respecting the stability characteristics of the vessel and, if those standards do not take into account some of the activities of the vessel, the results of the assessment of the impact of those activities on the stability of the vessel,

(iii)the vessel’s safe operating limits, and

(iv)a signed declaration confirming, on the basis of the information provided to the competent person by the authorized representative, that the stability characteristics of the vessel conform to the standards that were applied to vessel; and

(c)prepare a stability notice for the vessel that sets out

(i)the stability standards that were applied to the vessel for the stability assessment,

(ii)a graphical representation, including a description or legend, of the operational practices necessary to operate the vessel within the safe operating limits set out in the vessel’s stability booklet or record of stability, and

(iii)a statement indicating whether the vessel has been assessed for operations in freezing spray conditions.

^note

Obligations

3.58Stability booklet or record of stability#

(1)The authorized representative of a fishing vessel

(a)shall provide the competent person who prepares the stability booklet or record of stability with information that sets out the configuration and activities of the vessel;

(b)shall provide the Minister with a copy of the stability booklet or record of stability upon request; and

(c)shall ensure that a copy of the stability booklet or record of stability is kept on board the vessel.

(2)When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the vessel’s stability booklet or record of stability.

^note

3.59Safe operating limits#

A fishing vessel shall be operated within its safe operating limits and in accordance with the information set out in the stability booklet or record of stability.^note

Stability Notice

3.6Accessibility of and familiarity with stability notice#

(1)The stability notice for a fishing vessel shall be posted in a conspicuous location on board the vessel, and the crew shall be familiar with its content.

(2)When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the stability notice for the vessel.

^note

Operational Procedures

3.61Written procedures#

(1)If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.57(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

(2)The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

^note

Draft Marks

3.62Permanent draft marks#

A fishing vessel that has undergone a full stability assessment shall be permanently marked, forward and aft, with draft marks or other means of accurately identifying the draft.^note

Population of Fishing Vessels

3.63Request to Minister — group of authorized representatives#

(1)A group of authorized representatives of fishing vessels may request to the Minister that a population of fishing vessels not be required to undergo a stability assessment if it demonstrates to the satisfaction of the Minister that

(a)each vessel in the population is similar to a vessel representative of the population that has successfully undergone a full stability assessment; and

(b)not requiring a stability assessment for each vessel will not decrease the level of safety of the population.

(2)A fishing vessel in a population of fishing vessels is similar to the vessel representative of the population if

(a)it is operated or is to be operated in the same fishery, in the same environmental conditions and with the same fishing gear as the representative vessel;

(b)its physical characteristics are similar to those of the representative vessel; and

(c)its stability characteristics are equivalent to those set out in the stability booklet of the representative vessel.

^note

3.64Content of request#

The request referred to in section 3.63 shall be submitted in the form and manner established by the Minister, and shall include the following documents and information in order to demonstrate to the satisfaction of the Minister that the conditions set out in paragraphs 3.63(1)(a) and (b) are met:

(a)data relating to any accidents and incidents that have been reported under the Transportation Safety Board Regulations in respect of each vessel in the population and in respect of any other fishing vessel similar to the representative vessel;

(b)a copy of the stability booklet of the representative vessel;

(c)an analysis of the likelihood that a stability-related accident or incident will occur if a stability assessment is not conducted for each vessel in the population, which analysis shall be based on

(i)the similarity of each vessel in the population to the representative vessel,

(ii)the nature of the risks to which the vessels in the population and persons on board are exposed,

(iii)the accident and incident history of the vessels in the population and any other similar vessels,

(iv)the operating parameters of each vessel in the population, and

(v)the information contained in the stability booklet of the representative vessel; and

(d)a description of the measures that are proposed in order to decrease the likelihood, or mitigate the consequences, of a stability-related accident or incident identified in the analysis.

^note

3.65Minister — assessment of request#

(1)To determine whether the fishing vessels in a population of fishing vessels are not required to undergo a stability assessment, the Minister must be satisfied, on the basis of the documents and information submitted in the request, and the extent to which the operating parameters of each vessel in the population are equivalent to those of the representative vessel, that the conditions set out in paragraphs 3.63(1)(a) and (b) are met.

(2)If the Minister determines that the conditions set out in paragraphs 3.63(1)(a) and (b) are met, the Minister shall send to the authorized representative of each fishing vessel in the population of fishing vessels a document informing the authorized representative of the decision.

^note

3.66Conditions and exemption#

None of the fishing vessels in a population of fishing vessels are required to undergo a stability assessment referred to in section 3.48 or to meet the related requirements set out in sections 3.49 to 3.62 if each vessel in the population

(a)carries on board the document referred to in subsection 3.65(2);

(b)is operated within the operating parameters referred to in subparagraph 3.64(c)(iv); and

(c)is operated in accordance with the proposed measures referred to in paragraph 3.64(d).

^note

3.67Operating parameters#

(1)The authorized representative of each fishing vessel in a population of fishing vessels that is not subject to the requirement referred to in section 3.66 shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, for the operation of the vessel in accordance with the operating parameters referred to in subparagraph 3.64(c)(iv) and the proposed measures referred to in paragraph 3.64(d).

(2)The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

^note

4 #

[Repealed, SOR/99-215, s. 5] (repealed)

Part I · Fishing Vessels Exceeding 15 Tons, Gross Tonnage

Application

5 #

(1)This Part applies in respect of a fishing vessel of more than 15 gross tonnage.

(2)Sections 9 and 11 to 28 apply only to a new fishing vessel.

6 #

[Repealed, SOR/2016-163, s. 3] (repealed)

7 #

[Repealed, SOR/2016-163, s. 3] (repealed)

8 #

[Repealed, SOR/2016-163, s. 3] (repealed)

Bilge Pumping Arrangements

9 #

(1)Every fishing vessel not exceeding 15.2 m in length shall be provided with one bilge power or hand pump having a capacity of not less than 1.14 L/s.

(2)Every fishing vessel exceeding 15.2 m and not exceeding 19.8 m in length shall be provided with two bilge pumps, each having a capacity of not less than 1.14 L/s, one of which shall be a power pump and the other either a power pump or a hand pump, but where two power pumps are provided, they are not to be driven by the same engine.

(3)Subject to subsection (4), every fishing vessel exceeding 19.8 m and not exceeding 24.4 m in length shall be provided with at least two bilge pumps, each having a capacity of not less than 2.28 L/s, one of which shall be a power pump and the other either a power pump or a hand pump, but where two power pumps are provided, they are not to be driven by the same engine.

(4)Two or more pumps, each with a capacity of not less than 1.14 L/s, may, if they can be used simultaneously, be provided on a fishing vessel in lieu of one only of the pumps required by subsection (3); if the pumps provided under this subsection are power pumps, they may be driven from the one engine, but not from the engine that is used to drive the mandatory power pump.

(5)Subject to subsection (6), bilge piping arrangements on a fishing vessel shall be such that each of the bilge pumps required by subsection (1), (2), (3) or (4) can draw water from each of the bilge suctions required by subsection (7) or (8).

(6)Bilge piping and pumping arrangements that provide a piping and pumping system at least as efficient as those described in subsection (5) may be provided on a fishing vessel.

(7)Bilge suctions and means for drainage on a fishing vessel that is divided into watertight compartments shall be so arranged that any water that enters any main watertight compartment can be pumped out, through at least one bilge suction situated in that compartment, and all compartments within each main division shall be arranged to drain to that bilge suction.

(8)Bilge suctions and means for drainage on a fishing vessel that is not divided into watertight compartments shall be so arranged that any water that enters the vessel is able to drain to at least one bilge suction.

(9)Bilge piping on a fishing vessel shall have an internal diameter of not less than 38 mm except in the case of bilge piping on a fishing vessel not exceeding 15.2 m in length in which fish sludge, scale or offal is not usually pumped, in which case the bilge piping shall have an internal diameter of not less than 25 mm.

(10)Hand bilge pumps on a fishing vessel shall be capable of being worked from a position above the load water line.

(11)Each bilge branch suction line on a fishing vessel, except hand pumps with only one suction, shall be fitted with a stop valve that is readily accessible at all times.

(12)Where a bilge pump on a fishing vessel is fitted with a connection to the sea, a non-return valve or swing check valve that is readily accessible shall be fitted between the sea connection and the bilge main so that sea water cannot flow into the bilges when sea connection and bilge valves are open.

(13)Bilge suctions that lead into crew spaces or engine rooms of a fishing vessel shall be fitted with strainers and the area of the openings of such strainers shall not be less than twice the cross-sectional area of the bilge pipe.

(14)Subject to subsection (15), the piping for bilge pumps on a fishing vessel shall be of steel, bronze or other material that is suitable for the purpose, and the joints for such piping shall be flanged or screwed.

(15)Where it is necessary to reduce the effect of vibration, short lengths of rubber or plastic hose may be installed and shall

(a)be clearly visible at all times;

(b)be of sufficient strength to withstand collapsing due to suction; and

(c)have joints made with clamps suitable for the purpose.

Fuel Systems Including Ventilating Arrangements

10 #

(1)A fuel tank on a fishing vessel that is separate from the hull shall comply with the following rules:

(a)it shall be made of steel or other suitable material the strength of which is equivalent to that of steel;

(b)where a fuel tank is made of material other than steel and the vessel is a steel vessel, the fuel tank shall be efficiently isolated from the steel structure of the vessel;

(c)where a fuel tank is made of steel, the steel plating shall have a minimum thickness calculated in accordance with the following table:Capacity of tank in litres | Minimum thickness of steel plating in millimetresMore than 114 and not more than 1 364 | 3More than 1 364 and not more than 4 550 | 5More than 4 550 | 6

(c.1)where a fuel tank is made of material other than steel, the material used for plating shall be of such thickness as to provide a strength equal to or greater than the strength of the steel plating required in accordance with paragraph (c);

(c.2)subject to paragraph (c.3), where the capacity of a fuel tank is more than 114 L, the tank is made of steel and the thickness of the plating is the thickness set out in Column I of an item of the table to this paragraph, the tank shall be fitted with stiffeners so that the unsupported flat surfaces of the tank do not exceed, in square metres, the area set out in Column II of that item: | Column 1 | Column 2Item | Thickness of steel plating in millimetres | Unsupported flat surface area in square metres1 | 3 | 0.282 | 5 | 0.563 | 6 | 0.84

(c.3)where the thickness of the tank plating is intermediate to any set out in the table to paragraph (c.2), the unsupported flat surface area shall be calculated by interpolation and, where such thickness exceeds 6 mm, the unsupported flat surface shall be calculated in accordance with that table by extrapolation;

(c.4)subject to paragraphs (c.5) and (c.6), where the capacity of a fuel tank is more than 114 L, the tank is made of material other than steel and the thickness of the tank’s plating is such as to provide a strength equal to or greater than the strength of steel plating having a thickness set out in Column I of an item of the table to paragraph (c.2), the tank shall be fitted with stiffeners so that the unsupported flat surfaces of the tank do not exceed, in square metres, the area set out in Column II of that item;

(c.5)where the thickness of the tank plating made of material other than steel is such as to provide a strength equal to the strength of steel plating referred to in the table to paragraph (c.2) and is intermediate to any set out in that table, the unsupported flat surface area shall be calculated by interpolation;

(c.6)where the thickness of the tank plating made of material other than steel is such as to provide a strength that exceeds the strength of 6 mm of steel, the unsupported flat surface area shall be calculated in accordance with the table to paragraph (c.2) by extrapolation;

(d)where the length or breadth of a fuel tank is greater than 1.22 m, baffle plates shall be fitted inside the tank in sufficient numbers that the distance between baffle plates or between a baffle plate and a side plate is not greater than 1.22 m;

(e)a fuel tank having a capacity exceeding 1 364 L and not exceeding 4 550 L shall be fitted with a suitable clean-out door, and a fuel tank having a capacity of more than 4 550 L shall be fitted with a manhole door;

(f)where the capacity does not exceed 114 L it may be constructed of material that is less than 3 mm in thickness, but when such tank is to be used for gasoline and has a capacity exceeding 23 L and is made of material of less than 3 mm in thickness that is not corrosion resistant, it shall be galvanized inside and outside by the hot-dipped process after construction is completed;

(g)mass produced cylindrical gasoline drums having a capacity exceeding 23 L and not exceeding 227 L may be used as fuel tanks without alteration if they

(i)have been galvanized inside and out and are constructed of steel plate having a thickness of not less than 1.5 mm, corrugated to give extra strength, and

(ii)do not weigh less than 32 kg when empty if they have a capacity of approximately 205 L;

(h)a fuel tank having a capacity exceeding 114 L shall be tested hydrostatically, on completion of its construction, to a head of at least 2.44 m above the crown or to the maximum head to which the tank will be subjected, whichever is the greater, and a written statement from the manufacturer shall be provided to the Minister certifying that the hydrostatic test described in this paragraph has been carried out and that no defects were revealed; and

(i)seams shall be welded, brazed or double riveted, but soldered joints may be used on a tank having a capacity of not over 114 L if the solder has a melting point of not less than 427°C.

(2)A fuel tank that is not separate from the hull of a fishing vessel shall be considered as part of the hull, taking into consideration the strength requirements of the vessel and the possibility of contamination of oil fuel with water, but the standards of construction and testing shall not be less than those set out in this section for a fuel tank that is separate from the hull.

(3)Where the capacity of a fuel tank exceeds 114 L, it shall be provided with the following:

(a)a filling pipe that

(i)is at least 38 mm inch in internal diameter,

(ii)leads from the top of the tank to the weatherdeck, the connection through the deck being watertight,

(iii)is fitted with a screwed brass plug or cap, and

(iv)is made sufficiently flexible to absorb any vibration or sinkage of the tank; and

(b)a vent or breather pipe that

(i)leads from the top of the tank to a safe height and location above the weather deck and is clear of all openings into the hull or deck house,

(ii)has the end covered with wire gauze and turned down through an angle of 180 degrees,

(iii)has a weathertight deck connection,

(iv)may have two or more vent pipes branching off from the pipe leading to the deck if that pipe is increased in diameter to maintain the required cross sectional area, and

(v)shall, for each tank, be,

(A)where the only exit for overflow is the vent pipe, not less in internal diameter than the filling pipe, and

(B)where the overflow can take place from the filling pipe and the arrangements are such that supply nozzles cannot plug the filling pipe, not less in internal diameter than one-fifth of the internal diameter of the filling pipe.

(4)Glass tubing shall not, on a fishing vessel, be used as a gauge glass on a fuel tank that has a capacity of more than 114 L or on any fuel tank that contains fuel having a flashpoint of less than 52°‍C (Pensky-Marten closed cup), but flat glass gauges of a type approved by a product certification body or a marine classification society may be used on any fuel tank if they are fitted with self-closing cocks or valves.

(5)Where glass tubing is used as a gauge on a fuel tank on a fishing vessel, the gauge shall be fitted with a cock or valve at the top and at the bottom.

(6)Where a drain valve or cock is provided on a fuel tank on a fishing vessel, it shall have a standard screwed outlet that shall be kept plugged with a screwed plug whenever the cock or valve is not in use.

(7)The piping from any fuel tank on a fishing vessel shall be fitted at the tank with a valve or cock that is capable of being operated from outside the compartment in which the tank is situated.

(8)Where a new or existing fishing vessel is equipped with an oil-fired power boiler for main or auxiliary steam, each valve or cock fitted to a fuel tank shall be so controlled that it is capable of being shut off from a position that is

(a)outside the compartment in which the fuel tank is situated; and

(b)always accessible in the event of fire taking place in the compartment in which the fuel tank is situated.

(9)The means of control of a valve or cock referred to in subsection (8) shall consist of

(a)an extended spindle;

(b)a self-closing valve actuated by a trip wire; or

(c)any other suitable device.

(10)Where an aluminum fuel tank is fitted on a fishing vessel, all valves, fittings and piping fitted to the fuel tank shall be of a material compatible with aluminum.

11 #

Every fuel tank on a fishing vessel shall be securely chocked, fastened in place and electrically bonded to the vessel’s ground plate or to the engine.^note

12 #

Every fuel tank containing gasoline on a fishing vessel shall be situated remote from heated surfaces.^note

12.1 #

(1)Every permanent fuel tank on a fishing vessel shall be

(a)bonded electrically to the fuel piping system and engine; and

(b)installed and maintained so as to prevent fuel leakage.

(2)[Repealed, SOR/2016-163, s. 6] (repealed)

(3)Fuel tank filling arrangements on a fishing vessel shall be such as to prevent spillage into shipboard spaces, including bilges.

(4) and (5)[Repealed, SOR/2016-163, s. 6] (repealed)

^note

12.2 #

Every inboard gasoline-fuelled engine on a fishing vessel shall

(a)be equipped to prevent fuel leakage into bilges or enclosed spaces;

(b)have a wire gauze-covered drip pan located below the carburetor;

(c)where the engine is located below deck or in an enclosure where fuel vapour will not readily dissipate, have an air intake arrangement that will arrest back-fire flame; and

(d)where the engine is located in a space required by subsection 12.3(2) to be mechanically ventilated, have a starting switch arrangement that will cause the ventilation fan to operate for a suitable period prior to engine ignition.

^note

12.3 #

(1)Every space on a fishing vessel in which machinery is located shall be ventilated so that in all weather conditions where the engines and other fuel-burning appliances are operating at full power, an adequate supply of air is maintained to ensure the safety and comfort of the crew and the operation of the engines and appliances.

(2)A mechanical ventilation system shall be installed on a fishing vessel in accordance with subsection (3) in

(a)every space that is below deck and in which a gasoline-fuelled engine is located; and

(b)every other space, including bilges, in which gasoline fuel vapours may collect and may not readily dissipate.

(3)The mechanical ventilation system referred to in subsection (2) shall meet the following requirements:

(a)the system shall include both inlet and exhaust ducts;

(b)the exhaust duct opening shall be located in a low position in the space that permits the most efficient ventilation;

(c)the exhaust duct outlet shall lead to a location on the open deck where fumes may safely dissipate;

(d)the fan in the exhaust duct shall be spark proof; and

(e)where the fan motor is located in an area where ignitable vapours may be generated or collect, the fan motor shall be spark proof.

^note

Exhaust Pipes

13 #

(1)Exhaust pipes from the main engines and from auxiliary engines of a fishing vessel shall be permanently mounted and shall lead to the open air outside the vessel through the uppermost deck or canopy or through the side.

(2)Where the exhaust pipes referred to in subsection (1) pass through the uppermost deck or canopy, they shall be of sufficient height to ensure that exhaust gases are prevented from escaping into the fishing vessel.

(3)Where the exhaust pipes referred to in subsection (1) pass through the side of a fishing vessel, the connection shall be watertight and provision shall be made to prevent the engine from being flooded.

(4)All exhaust pipes on a fishing vessel shall be well secured, shall be clear of all woodwork and other combustible materials, and, if there is a risk of contact with heated surfaces, shall be covered with lagging.

Machinery Controls

14 #

(1)Means of stopping the propulsion of a fishing vessel, other than by shutting off a valve or cock fitted to the fuel tank, shall be provided outside the space where the machinery is located and such means shall be fire resistant.

(2)Subsection (1) does not apply to a fishing vessel the construction of which was commenced before June 1, 1974.

Steering Gear

14.1 #

Where a manually operated hydraulic steering system is the auxiliary system to a powered hydraulic steering system, the change-over mechanism shall be located in the wheelhouse.^note

Underwater Fittings

15 #

(1)Valves or cocks shall be fitted to all suctions and discharges that pass through the hull of a fishing vessel below the weatherdeck.

(2)Subsection (1) does not apply to

(a)pump discharges of 38 mm or less in internal diameter that are situated above the load water line;

(b)keel cooling systems; or

(c)scuppers that pass from the weatherdeck to the ship’s side above the load water line.

(3)The cocks or valves required by subsection (1) shall be fitted as close to the side of the fishing vessel as possible.

(4)Suction and discharge valves and cocks on a steel fishing vessel shall be attached to the plating of the hull or to the plating of fabricated water boxes by

(a)bolts with countersunk heads tapped through the plating, or

(b)studs that are screwed into heavy steel pads welded or riveted to the plating and that do not penetrate the plating,

and such valves or cocks shall be fitted with spigots passing through the plating.

(5)Suction and discharge valves and cocks on a wooden fishing vessel shall be attached to the hull by the methods shown in Schedule VII or by any other method that conforms to the recommended practices and standards.

Stern Bearings

16 #

Stern bearing assemblies of a fishing vessel shall consist of

(a)a stern bearing not less than 3 1/2 shaft diameters in length;

(b)a gland situated inside the vessel; and

(c)a watertight tube fitted between the bearing and the gland.

^note

Rudder Stocks

17 #

On a fishing vessel, the diameter of rudder stocks for rudders fitted with bottom pintles shall not be less than

(a)as shown in the following table:Length of ship in metres | Diameter of rudder stock in millimetres12 | 5015 | 5618 | 6221 | 7224 | 82; or

(b)that calculated by the following formula:

^note

Shafting

18 #

(1)Subject to subsection (2), where the propulsion shafting of a fishing vessel is driven by a diesel or a gasoline engine, the intermediate shaft shall

(a)be made of material having a tensile strength of not less than 372 MPa; and

(b)have a diameter not less than that obtained by the following formula:

(2)Where a fishing vessel is operated exclusively in fresh water, the diameter of the intermediate shaft may be 1.75 per cent less than the diameter obtained by the formula set out in subsection (1).

(3)Where the propulsion shafting of a fishing vessel is not driven by a diesel or gasoline engine, the size of the intermediate shaft shall conform to the recommended practices and standards.

19 #

(1)Where the propulsion shafting of a fishing vessel is driven by a gasoline engine, the tailshaft shall

(a)be made of material having a tensile strength of not less than 372 MPa; and

(b)have a diameter not less than the diameter of the intermediate shaft, but in no case less than 28.5 mm.

(2)Where the propulsion shafting of a fishing vessel is driven by a diesel engine, the tailshaft shall

(a)be made of material having a tensile strength of not less than 372 MPa; and

(b)have a diameter not less than that obtained by the following formula, but in no case less than 32 mm:

(3)Where a fishing vessel is operated exclusively in fresh water, the diameter of the tailshaft may be 1.75 per cent less than the diameter obtained by the formula set out in subsection (2).

(4)Where the propulsion shafting of a fishing vessel is not driven by a diesel or gasoline engine, the size of the tailshaft shall conform to the recommended practices and standards.

20 #

(1)Subject to subsection (2), a test certificate in respect of the material used to make the intermediate shaft or tailshaft of a fishing vessel, issued by the manufacturer of that material, shall be provided to the Minister upon request.

(2)Subsection (1) does not apply to the owner of a fishing vessel that is powered with an engine that does not exceed 373 brake kW continuous rating.

Construction of Hulls

21 #

(1)Where the engine room and crew space of a fishing vessel exceeding 15.2 m but not exceeding 24.4 m in length are in adjoining compartments or are connected in any way, the bulkheads or decks between the engine room and the crew spaces shall be either

(a)watertight, or

(b)closely fitted to prevent fumes from the engine room entering the crew spaces,

and access openings in such bulkheads or decks shall be fitted with doors or covers of similar construction.

(2)Where, on a fishing vessel not exceeding 15.2 m in length,

(a)the engine room and the crew spaces are in adjoining compartments or connected in any way, or

(b)the crew spaces open to the engine room,

the inlet and outlet ventilation area required by section 22 shall each be increased by 2 000 mm² for each member of the crew berthed in such compartment.

22 #

(1)An engine room on a fishing vessel shall be provided with ventilators of a total cross-sectional area of not less than 16 000 mm².

(2)Crew sleeping spaces on a fishing vessel shall be provided with inlet ventilators and exhaust ventilators of a sufficient size and number to ensure that the total inlet area and the total exhaust area are each not less than 2 000 mm² for each berthed crew member.

23 #

(1)Scantling of hatch coamings, beams and covers of a fishing vessel shall not be less than is set forth in Schedule II.

(2)Hatchways on a fishing vessel shall be provided with efficient means for battening them down and making them watertight.

(3)Flush deck scuttles on a fishing vessel shall be watertight and strongly constructed of steel, bronze or aluminum and shall have effectively secured covers that are retained on hinges or by a chain permanently attached to the ship’s structure.

(4)Non-ferrous deck scuttles on a steel fishing vessel shall be isolated from the steel structure of the vessel.

24 #

(1)Subject to subsection (2), a fishing vessel shall be fitted with two main transverse watertight bulkheads, one located forward of amidships at a distance not exceeding 35 per cent of the length of the vessel and the other located aft of amidships at a distance not exceeding 45 per cent of the length of the vessel, and the construction of the bulkheads shall be in accordance with Schedule III.

(1.1)The main transverse watertight bulkheads may be constructed otherwise than in accordance with Schedule III if they provide at least equivalent strength and watertightness.

(2)Subsection (1) does not apply in respect of

(a)a fishing vessel of open construction; or

(b)a fishing vessel operating in fresh water where the keel of the fishing vessel was laid prior to May 1, 1988.

24.1 #

Every fishing vessel carrying fish in bulk that exhibit free surface effect shall be provided with both longitudinal and transverse portable fish hold divisions that meet the requirements of in Schedule VIII.^note

24.2 #

Where a shaft tunnel access cover is fitted in a fish hold, it shall be fitted and secured in such a manner as to prevent dislodgment.^note

25 #

Stern posts and shaft logs on a fishing vessel shall be sufficiently large to enable tailshafts of diameters required by section 19 to be fitted without unduly weakening the structure.^note

26 #

(1)Subject to subsection (2), the sills of doors giving access to the main hull of a fishing vessel shall have a minimum height of 300 mm of which at least 230 mm shall be permanent and the remaining height of sill may be portable, if they are properly stowed in convenient positions.

(2)Where doors are situated on top of any superstructure, deck house or raised forecastle on a fishing vessel, the height of permanent sills shall be at least 150 mm.

27 #

(1)Where side scuttles are fitted below the weatherdeck of a fishing vessel, deadlights or plugs, attached by hinges or a chain, shall be provided adjacent to the scuttle.

(2)Where a fishing vessel proceeds more than 20 nautical miles from land and there is no method of preventing water from entering the main hull through a broken window or port light, storm shutters and deadlights respectively shall be fitted to those openings.

(3)Plate glass having a minimum thickness of 6 mm shall be fitted in the wheelhouse windows of

(a)all new fishing vessels; and

(b)new vessels when replacement of those windows becomes necessary.

(4)All doors giving access to the main hull of a fishing vessel shall be strongly constructed and hung on substantial hinges and locking arrangements shall be such that a door can be opened from either side.

(4.1)Subject to subsection (4.3), a fishing vessel shall have at least two means of escape, including the main entrance, in each crew space and area in which the crew may be normally employed.

(4.2)For the purposes of subsection (4.1), one of the means of escape shall be located as far as possible from the main entrance and may be a window or a scuttle that is of sufficient proportions to provide for easy exit by the crew members and that is capable of being retained in an open position while being used as an escape route.

(4.3)The requirements of subsections (4.1) and (4.2) do not apply

(a)in respect of a fishing vessel the keel of which was laid prior to May 1, 1988; or

(b)in respect of a fishing vessel where a second means of escape is not practicable due to the size limitations or spatial layout of a crew space or an area in which the crew may be normally employed.

(5)Where entrance to the crew space on a fishing vessel is by way of the engine room, an escape hatch shall be fitted from the crew space to the open deck.

(6)Where exit from the crew space of a fishing vessel to the open deck is provided by one means only, it shall be of sufficient proportions to provide for easy exit for the number of men berthed and shall be as near the centre line of the ship as is practicable.

(7)Two engine room entrances providing easy access, each measuring at least 560 mm by 560 mm, shall be fitted on a fishing vessel unless this is not practicable, in which case one engine room entrance shall be fitted that is placed as near the centre line of the vessel as is practicable and that measures

(a)in the case of a vessel exceeding 15.2 m and not exceeding 24.4 m in length, at least 610 mm by 1 220 mm; and

(b)in the case of a vessel not exceeding 15.2 m in length, at least 610 mm by 915 mm.

28 #

(1)Subject to subsections (2) and (3), bulwark, rails, chains, wire rope or any combination of these shall be fitted around the weather deck of a fishing vessel at least 760 mm in height above the weatherdeck.

(2)The bulwarks, rails, chains and wire rope referred to in subsection (1) may be portable or be dispensed with in places where they would interfere with the fishing operations of the vessel.

(3)The bulwarks, rails, chains or wire rope referred to in subsection (1) may be less than 760 mm in height in way of deckhouses if suitable handrails are fitted on the sides of such deckhouses.

29 #

[Repealed, SOR/2016-163, s. 16] (repealed)

29.1 #

(1)Subject to subsections (2) to (4), where bulwarks on weather parts of the working deck of a fishing vessel form wells, the minimum freeing port area, expressed in square metres, in respect of each such bulwark shall be not less than

(a)0.7 + 0.035 l, where l is 20 m or less, and

(b)0.07 l, where l exceeds 20 m,

where l, expressed in metres, is the lesser of the length of bulwark in the well and 70 per cent of the length of the vessel.

(2)Where the height of the bulwark in a well on the working deck is more than 1,200 mm, the minimum freeing port area shall be increased, for each 100 mm in excess of 1,200 mm, by 0.004 m² per metre of length of well.

(3)Where the height of the bulwark in a well on the working deck is less than 900 mm, the minimum freeing port area may be decreased, for each 100 mm less than 900 mm, by 0.004 m² per metre of length of well.

(4)Where the vessel’s sheer is such that the minimum freeing port areas, calculated in accordance with subsections (1) to (3), do not provide rapid and effective freeing of water from the deck, those areas shall be increased by such amount as will provide rapid and effective freeing of water from the deck.

(5)The freeing ports of every fishing vessel shall be arranged along the length of bulwarks so as to provide rapid and effective freeing of water from the deck of the vessel, and the lower edges of the freeing ports shall be as close to the deck as possible.

(6)On every fishing vessel, poundboards shall be stowed, and means of stowage of fishing gear shall be arranged, in such a manner that the effectiveness of the freeing ports of the vessel is not impaired.

(7)Every poundboard on a fishing vessel shall be so constructed that it can be secured in position when in use and will not hamper the rapid and effective freeing of water from the deck of the vessel.

(8)Every freeing port over 300 mm in depth of a fishing vessel, shall be fitted with bars spaced not more than 230 mm apart, or with other suitable protective devices.

(9)Where the protective devices fitted in accordance with subsection (8) are covers, they shall be of a construction approved by the Minister.

(10)In a fishing vessel intended to operate in areas subject to icing, protective devices fitted in accordance with subsection (8) shall be capable of being easily removed to restrict or reduce ice accretion.

^note

30 #

[Repealed, SOR/2016-163, s. 17] (repealed)

31 #

[Repealed, SOR/2016-163, s. 17] (repealed)

32 #

[Repealed, SOR/2016-163, s. 17] (repealed)

33 #

[Repealed, SOR/2016-163, s. 17] (repealed)

34 #

[Repealed, SOR/2016-163, s. 17] (repealed)

34.1 #

[Repealed, SOR/2016-163, s. 17] (repealed)

Fire Extinguishing Equipment

35 #

[Repealed, SOR/2016-163, s. 18] (repealed)

36 #

[Repealed, SOR/2016-163, s. 18] (repealed)

37 #

[Repealed, SOR/2016-163, s. 18] (repealed)

38 #

(1)Every fishing vessel exceeding 12.2 m in length shall be equipped with at least one hand or engine driven pump and apparatus whereby a suitable jet of water can be directed into any part of the ship.

(2)The internal diameter of the pipes for the pump mentioned in subsection (1) shall be not less than 19 mm.

(3)Subject to subsection (4), bilge pumps on a fishing vessel may be used as fire pumps by using them to pump sea water on deck.

(4)Where two bilge pumps are required on a fishing vessel, neither pump shall be used to pump sea water on deck unless it is possible for one bilge pump to pump bilge water overboard while the other pumps sea water on deck.

(5)Subject to subsection (6), the piping for a fire pump on a fishing vessel shall be of steel, bronze or other material that is suitable for the purpose, and the joints for such piping shall be flanged or screwed.

(6)Where it is necessary to reduce the effect of vibration, short lengths of rubber or plastic hose may be installed and shall

(a)be clearly visible at all times;

(b)be of sufficient strength to withstand collapsing due to suction; and

(c)have joints made with clamps suitable for the purpose.

39 #

(1)Appliances that are installed on a fishing vessel and that burn liquid or gaseous fuel shall be so fitted that there is a free circulation of air all around and below the appliance.

(2)Wooden bulkheads behind cooking or heating appliances on a fishing vessel shall be insulated if space constraints do not allow the free circulation of air all around and below the appliance.

(3)Every fishing vessel of not more than 24.4 m in length that is provided with a liquefied petroleum gas installation shall comply with the requirements of the Marine Machinery Regulations for such vessels.

40 #

[Repealed, SOR/2016-163, s. 21] (repealed)

41 #

[Repealed, SOR/2016-163, s. 21] (repealed)

42 #

[Repealed, SOR/2016-163, s. 21] (repealed)

43 #

[Repealed, SOR/2016-163, s. 21] (repealed)

Emergency Electrical Lighting

43.1 #

(1)Every fishing vessel, other than one certified to operate only between sunrise and sunset, shall be fitted with permanent or portable lights capable of illuminating the launching stations and stowage positions of all life rafts, emergency boats, recovery boats or rescue boats for at least one hour.

(2)Where non-rechargeable battery-operated hand lanterns are provided pursuant to subsection (1), the batteries shall be changed annually.

^note

44 #

[Repealed, SOR/2016-163, s. 23] (repealed)

Electrical Equipment, Installations and Appliances

44.1 #

(1)Subject to subsection (1.3), where the construction of a fishing vessel begins after April 27, 1996, the electrical equipment, installations and appliances on the fishing vessel shall be constructed in accordance with TP 127 as it reads on the day the construction begins.

(1.1)[Repealed, SOR/2016-163, s. 24] (repealed)

(1.2)Subject to subsection (1.3), any substantial reconstruction or modification of the electrical equipment, installations or appliances on a fishing vessel shall, insofar as it is practicable, bring the electrical equipment, installations or appliances into compliance with TP 127 as it reads on the day the reconstruction or modification begins.

(1.3)Where TP 127 does not set out a standard in respect of a particular piece of electrical equipment or a particular electrical installation or appliance, the electrical equipment, installation or appliance shall be safe and effectively fulfil the purpose for which it is intended.

^note