Contents
- Her Excellency the Governor General in Council, on the rec…
- Interpretation
- Application
- Grandfathered Vessels
- Compliance
- Substitute Safety Equipment
- Part 1 Requirements
- Part 2 Crew Accommodation Spaces and Recreational Facilities
- Part 3 Additional Requirements
- Part 4 Consequential and Related Amendments, Repeals and Coming into Force
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Vessel Construction and Equipment Regulations other than sections 400 to 535, on the recommendation of the Minister of Transport and the Minister of Labour with respect to sections 400 to 422, on the recommendation of the Minister of Labour with respect to sections 423 to 428 and on the recommendation of the Minister of Transport with respect to sections 429 to 535, makes the annexed Vessel Construction and Equipment Regulations under(a) sections 157 and 270 of the Canada Labour Code;notenotenote(b) paragraph 35(1)(d), subsection 35.1(1), paragraph 100(l), subsections 120(1) and (2), section 190 and paragraphs 244(f) and (h) of the Canada Shipping Act, 2001; andnotenotenotenotenotenotenote(c) section 12 of the Arctic Waters Pollution Prevention Act.note
Interpretation
1Definitions#
The following definitions apply in these Regulations.
2008 IS Code means the annex to IMO Resolution MSC.267(85), International Code on Intact Stability, 2008, as amended from time to time. (Recueil IS 2008)
Act means the Canada Shipping Act, 2001. (Loi)
cargo vessel means a vessel other than a pleasure craft or passenger vessel. (bâtiment de charge)
constructed, except in section 116, subsection 300(1) and section 301, has the same meaning as “ships constructed” in regulation 1.1.3.1 of Chapter II-1 of SOLAS. (construit)
inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
IMO means the International Maritime Organization. (OMI)
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)
passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)
recognized organization means an organization or corporation with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Act. (organisme reconnu)
recommended practices and standards means the recommended practices and standards for marine use published by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)
sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
2“Should”, “Administration” and “ship”#
(1)For the purpose of interpreting a document incorporated by reference in these Regulations,
(a)“should” is to be read as “must”;
(b)“Administration” is to be read as “Minister”; and
(c)“ship” is to be read as “vessel”.
(2)For the purpose of interpreting MLC 2006, “ships of traditional build” is to be read as “wooden vessels of primitive build”.
Application
4Canadian vessels#
(1)These Regulations, other than Part 2, apply in respect of the following Canadian vessels:
(a)passenger vessels that are Safety Convention vessels;
(b)passenger vessels that are not Safety Convention vessels and that are 24 m or more in length; and
(c)cargo vessels that are 24 m or more in length.
(2)Part 2 applies in respect of Canadian vessels that are required to be registered or listed under Part 2 of the Act.
5Foreign vessels#
Section 117 applies in respect of foreign vessels in the internal waters of Canada that navigate in frazil ice or ice slush conditions.
6Drilling and other activities#
These Regulations apply in respect of vessels referred to in sections 4 and 5 that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except vessels that are on location and engaged in one of those activities in an area referred to in
(a)section 3 of the Canada Oil and Gas Operations Act;
(b)subsection 8(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act; or
(c)subsection 8(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
7Non-application#
These Regulations do not apply in respect of
(a)pleasure craft;
(b)fishing vessels, as defined in subsection 1(1) of the Marine Personnel Regulations; and
(c)wooden vessels of primitive build.
Grandfathered Vessels
8Vessels constructed before coming into force#
A vessel that is one of the following vessels and that is constructed before the day on which this section comes into force may comply with the requirements respecting construction and equipment under the Act that applied to the vessel on the day before that day instead of the requirements set out in these Regulations and, if it does so, is considered to be a grandfathered vessel for the purposes of sections 9 to 11:
(a)a vessel that has never flown the flag of a foreign state; or
(b)a vessel that holds a certificate issued under the Vessel Certificates Regulations or the Vessel Safety Certificates Regulations on the day on which this section comes into force or that held such a certificate at any time during the five years before that day.
9Limitations on grandfathering — immediate#
Despite section 8, a grandfathered vessel must comply with
(a)section 103, but only in respect of the requirements set out in regulations 20 and 22.3 of Chapter III of SOLAS; and
(b)subsection 301(2).
10Limitations on grandfathering — first anniversary#
Despite section 8, a grandfathered vessel must comply with the following requirements beginning on the first anniversary of the day on which section 8 comes into force:
(a)in the case of a vessel that has a mechanical means of propulsion, regulations 3-4.2, 3-8, 5 and 5-1 of Chapter II-1 of SOLAS instead of subsections 12(5) and (6) and sections 80 and 81 of the Hull Construction Regulations;
(b)in the case of a passenger vessel that is not a Safety Convention vessel, regulations 6 to 8 of Chapter II-1 of SOLAS instead of sections 24 and 25 of the Hull Construction Regulations; and
(c)regulations 1.5, 7.2.1, 7.2.2, 9 and 17-1 of Chapter III of SOLAS.
11Limitations on grandfathering — parts of a vessel#
(1)Despite section 8, the authorized representative of a grandfathered vessel must ensure that the following parts, machinery, systems and equipment comply with the requirements of these Regulations:
(a)the parts of the vessel that, after the coming into force of section 8, undergo repairs, alterations or modifications that
(i)substantially alter the vessel’s dimensions or its passenger accommodation spaces, or
(ii)substantially increase the vessel’s service life or the life of the vessel’s outfitting;
(b)the machinery, systems and equipment related to the parts of the vessel described in paragraph (a);
(c)the parts of the vessel that are replaced after the day of the coming into force of section 8; and
(d)the machinery, systems and equipment of the vessel that are replaced after the day of the coming into force of section 8.
(2)A grandfathered vessel whose intended service changes in such a manner that the vessel can no longer comply with any one of the requirements respecting construction and equipment under the Act that were in effect on the day before the day on which section 8 comes into force is no longer a grandfathered vessel and must comply with the requirements respecting construction and equipment of these Regulations.
(3)A grandfathered vessel that ceases to hold a certificate issued under the Vessel Safety Certificates Regulations for a period of more than five years is no longer a grandfathered vessel and must comply with the requirements respecting construction and equipment of these Regulations.
Compliance
12Deemed construction date#
A vessel that is one of the following vessels and that was constructed more than 10 years before the day of its most recent registration under Part 2 of the Act must comply with these Regulations as if it were constructed not more than 10 years before that day:
(a)a vessel that has never held a certificate issued under the Vessel Certificates Regulations; or
(b)a vessel that has held a certificate issued under the Vessel Safety Certificates Regulations but did not hold such a certificate at any time during the five years before the day on which this section comes into force.
Substitute Safety Equipment
13Equivalent 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 of the required safety equipment, that other equipment may be substituted for the required safety equipment in those circumstances if it bears a mark or label indicating that it conforms to the recommended practices and standards applicable to that type of equipment.
(2)To determine the level of safety provided by the other equipment in those circumstances, the Minister must 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.
Part 1 · Requirements
Construction — Structure, Subdivision and Stability, Machinery and Electrical Installations
100SOLAS Chapter II-1 — mechanical propulsion#
(1)A vessel that has a mechanical means of propulsion must comply with the requirements set out in Chapter II-1 of SOLAS, except those set out in the following regulations:
(a)in the case of a cargo vessel that engages only on inland voyages, sheltered waters voyages or near coastal voyages, Class 2, regulations 3-6 and 6 to 7-3;
(b)in the case of a passenger vessel that engages only on inland voyages, sheltered waters voyages or near coastal voyages, Class 2, regulation 8-1;
(c)in the case of a cargo vessel, other than a tanker, that is not a Safety Convention vessel and that is less than 500 gross tonnage, regulation 9; and
(d)regulation 19-1.
(2)A vessel that does not have a mechanical means of propulsion must comply with the following requirements:
(a)those set out in regulations 3-1, 3-8, 5 and 5-1 of Chapter II-1 of SOLAS; and
(b)in the case of a vessel that carries a person, the vessel must be outfitted with at least one anchor and be fitted with recovery devices of suitable sizes in accordance with the equipment number calculation of a recognized organization.
1012008 IS Code — Part B#
(1)A vessel must comply with the recommendations set out in part B of the 2008 IS Code and those recommendations are to be interpreted as expressing an obligation.
(2)For the purposes of this section, a reference to a recommendation in the 2008 IS Code is to be read as a reference to that recommendation as modified by the publication entitled Canadian Modifications to the International Code on Intact Stability, 2008, TP 7301, published by the Department of Transport in December 2023.
102Damage stability — mechanical propulsion#
(1)Despite subsection 100(1), a passenger vessel that has a mechanical means of propulsion and that is not a Safety Convention vessel may comply with the requirements of the publication entitled Damage Stability Standards for Non-Convention Passenger Vessels, TP 10943, published by the Department of Transport in December 2023, instead of complying with regulations 6 to 8 of Chapter II-1 of SOLAS.
(2)A passenger vessel that does not have a mechanical means of propulsion must comply with the requirements set out in the publication referred to in subsection (1).
Life-saving Appliances and Arrangements
103SOLAS Chapter III#
(1)A vessel must comply with the requirements set out in Chapter III of SOLAS, except those set out in regulations 8, 10, 19, 27, 30 and 37.
(3)If a life-saving appliance or arrangement must comply with the requirements of the LSA Code, it must be tested in accordance with the annex to IMO Resolution MSC.81(70), Revised Recommendation on Testing of Life-saving Appliances, as amended from time to time, and be of a type approved by the Minister as complying with those requirements.
(4)If TP 15415 allows for alternatives to the life-saving appliances or arrangements required under Chapter III of SOLAS, those alternative appliances or arrangements must comply with the requirements set out in Part B of TP 14475, be tested in accordance with Part C of TP 14475, and be of a type approved by the Minister as complying with those requirements.
(5)The following definitions apply in this section.
Chemical Tankers
Gas Carriers
Nuclear Vessels
High-Speed Craft
107SOLAS Chapter X#
(2)The following requirements set out in the annex to the resolution referred to in subsection (1) do not apply:
(a)those related to shipborne navigational systems and equipment and voyage data recorders;
(b)those related to radiocommunications;
(c)those related to training and qualifications;
(d)those related to manning of survival craft and supervision;
(e)those related to emergency instructions and drills; and
(f)those related to type rating training.
Bulk Carriers
Vessels Carrying Industrial Personnel
Special Purpose Vessels
Offshore Supply Vessels
Mechanically Connected Tug and Barge Combinations
112Requirements#
(1)The authorized representative of the pushing vessel and pushed vessel in a mechanically connected tug and barge combination must ensure that the design and construction of the connecting system conform to the additional integrated tug and barge requirements of a recognized organization.
(2)For the purposes of subsection (1), if the pushing vessel and pushed vessel have different authorized representatives, they are jointly responsible for complying with that subsection.
(3)For the purposes of this section, a mechanically connected tug and barge combination is any combination of a pushing vessel and a pushed vessel, including an integrated tug and barge combination and an articulated tug and barge combination, if the pushed vessel does not have a mechanical means of propulsion and if the two vessels are mechanically connected by means other than wire ropes, chains, lines or other tackle. The combination is considered to be composed of two separate vessels.
Tankers Carrying Deck Cargo
113Bulk liquid — flash point exceeding 60°C#
A tanker that does not have a mechanical means of propulsion and that transports liquid in bulk with a flash point of more than 60°C must not carry deck cargo unless
(a)the structural strength of the tanker is adequate for its intended loadings;
(b)precautions are taken to avoid any risk of fire or explosion when loading or unloading the deck cargo, and during the voyage;
(c)the deck is properly dunnaged to prevent any chafing of metal parts; and
(d)all cargo tank openings and vents on the vessel can be closed during the handling of the deck cargo.
114Bulk liquid — flash point of 60°C or less#
(1)Subject to subsection (3), a tanker that does not have a mechanical means of propulsion and that transports liquid in bulk with a flash point of 60°C or less must not carry deck cargo unless
(b)the vessel’s design and operations comply with the recommendations of the risk assessment in order to reduce the identified hazards to the level of risk “As Low As Reasonably Practicable” according to a methodology referred to in subsection (2);
(d)the vessel’s design and operations comply with the measures referred to in paragraph (c);
(e)the vessel is a vessel to which the Safety Management Regulations apply and its safety management system takes into account the approved safety measures referred to in paragraph (c); and
(f)the vessel is maintained in class with a recognized organization.
(2)The Minister must approve the risk assessment referred to in paragraph (1)(a) if it complies with the principles of the Formal Safety Assessment methodology set out in IMO Circular MSC.1/Circ.1023, Guidelines for Formal Safety Assessment (FSA) for use in the IMO rule-making process, as amended from time to time, or an equivalent methodology, and the risk assessment includes an assessment of
(a)the structural strength of the vessel in relation to the intended loadings;
(b)the protection of the deck from damage or sparking, by dunnage or other means;
(c)the risk of fire or explosion when loading or unloading the deck cargo, and during the voyage; and
(d)the locations of all openings and vents and the proposed methods for closing them prior to the handling of any deck cargo.
(3)The authorized representative of a tanker that does not have a mechanical means of propulsion and that carries deck cargo and transports oil in bulk with a flash point of more than 38°C but not more than 60°C does not have to submit the risk assessment if the vessel
(a)complies with the requirements of section 113; and
(b)is a vessel to which the Safety Management Regulations apply and its safety management system takes into account fire prevention and protection measures specific to such an operation.
Mobile Offshore Drilling Units
Vessels of Particular Design
116Equivalent level of safety#
If the design of a type of vessel would render it unsafe, unsuitable or impossible to construct in accordance with the requirements of these Regulations, vessels of that design may be constructed according to the recommended practices and standards for that design if the Minister determines that they provide a level of safety at least equivalent to that provided by the requirements of these Regulations.
Foreign Vessels
117Navigation in frazil ice or ice slush#
The authorized representative of a foreign vessel in the internal waters of Canada that navigates in frazil ice or ice slush conditions must ensure that the requirements for the design and construction of sea inlets set out in the annex to IMO Circular MSC/Circ.504, Guidance on design and construction of sea inlets under slush ice conditions, as amended from time to time, are complied with or that other means are used to prevent frazil ice or ice slush from blocking sea inlets.
Part 2 · Crew Accommodation Spaces and Recreational Facilities
201Requirements — Title 3 of MLC 2006#
A vessel must comply with the standards and guidelines for on-board accommodation and recreational facilities that are set out in standard A3.1 and guideline B3.1 of MLC 2006, other than those set out in the following provisions:
(a)subparagraph 6(h) of standard A3.1; and
(b)guideline B3.1.11.
202Exception — vessels less than 200 gross tonnage#
(1)The following provisions of MLC 2006 do not apply to a vessel of less than 200 gross tonnage that engages only on inland voyages:
(a)subparagraphs 6(e), 7(c), 9(n) and (o), 11(c), (d) and (f) and paragraphs 13 and 14 of standard A3.1; and
(b)paragraphs 2 and 3 of guideline B3.1.6, paragraphs 1 and 2 and subparagraph 3(d) of guideline B3.1.7 and paragraph 1 of guideline B3.1.9.
(2)The following provisions of MLC 2006 do not apply to a towing vessel of less than 5 gross tonnage:
(a)subparagraphs 6(a) and (b) and 9(f) and (k) of standard A3.1; and
(b)paragraphs 1 and 2 of guideline B3.1.1.
Part 3 · Additional Requirements
Elevators
300Conformity — standard or equivalent requirements#
(1)Every elevator on a vessel must be designed, constructed, installed, inspected and tested in accordance with
(a)Canadian Standards Association standard CSA B44.1/ASME A17.5, Elevator and escalator electrical equipment, as amended from time to time; or
(b)the requirements of a recognized organization that, in the opinion of the Minister, provide a level of safety at least equivalent to the standard.
(2)For the purposes of subsection (1), elevator includes a service elevator, escalator or moving walkway that is used to move personnel, passengers, maintenance equipment or ship supplies, except for tackle that is covered by the Cargo, Fumigation and Tackle Regulations.
Towing
301Requirements#
(1)A vessel that is constructed or converted for the purposes of towing must comply with the following requirements:
(a)its towing equipment must be accompanied by manufacturer test certificates that are kept on board and that indicate the safe working load of the equipment;
(b)the towing winch, towing hook, towline emergency release and the towline must be selected with an adequate safety factor taking into account the appropriate design load specified in the recommended practices and standards for the towing operations;
(c)its towing equipment and towline emergency release must be maintained in accordance with the manufacturer’s instructions;
(d)the towing equipment manuals must be kept on board;
(e)the towing equipment must have clear operating instructions, in English or French, depending on the working language of the vessel, located near all control positions;
(f)the towline emergency release must have clear operating instructions, in English or French, depending on the working language of the vessel, located near it;
(g)in the case of a vessel on which a towline is attached to a towing winch or to a hook, the vessel must have a towline emergency release
(i)that can operate in all conditions,
(ii)that can be activated at each local control position and can be remotely operated at each steering position,
(iii)that is independent of the main source of electrical power, and
(iv)the controls for which are immediately identifiable;
(h)the local control and steering positions referred to in subparagraph (g)(ii) must be well illuminated and compatible in design and configuration with the towline emergency release mechanism;
(i)each steering position must be connected to the towing winch control position by a two-way voice communication system;
(j)if the towing winch can be remotely controlled from more than one position, the vessel must be fitted with an arrangement that prevents more than one position from exercising control at any one time;
(k)each towing winch control must be fitted with a safeguard to prevent the inadvertent operation of the control;
(l)a towing winch must not be fitted with a ratchet device that could prevent the winch from paying out the towline;
(m)if the towline is attached to a bollard or to bitts, the vessel must have a mechanical arrangement that is able to sever or release the towline immediately;
(n)in the case of a vessel that is fitted with towing pins on the counter, the pins must be power-operated; and
(o)the control position for any power-operated towing pins on a vessel must be forward of the point of tow and the pins must be clearly visible from the control position.
(2)A vessel that is constructed or converted for the purposes of towing must not undertake a towing operation unless the vessel’s bollard pull has been assessed and determined to be adequate for the operation in accordance with the recommended practices and standards and that assessment and determination are documented.
Fire Protection on Board Vessels without Mechanical Means of Propulsion
302Application#
Sections 303 to 313 apply in respect of vessels that do not have a mechanical means of propulsion.
303Approved systems#
(2)The authorized representative of a vessel must ensure that the fire extinguishers referred to in paragraph 304(b), subparagraphs 305(a)(ii) and (iii), (b)(ii) and (c)(ii) and paragraphs 305(d) and (e)
(a)bear a mark indicating that they have been certified for marine use by a product certification body; or
(b)are of a type that have been approved for marine use by the U.S. Coast Guard.
(3)The authorized representative of a vessel must ensure that the smoke detector referred to in subsection 313(2) is certified by a product certification body or is of a type that has been approved by a recognized organization.
(4)For the purposes of this section, 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 (MLA), to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification.
304Vessels carrying a person#
A vessel that carries a person must be equipped with the following firefighting equipment and systems:
(b)in each galley, one fire extinguisher that is suitable for class F or K fires;
(c)if the vessel is less than 45 m in length, one fire axe located in the part of the vessel that enables the most convenient and serviceable use of the axe in the case of an emergency;
(d)if the vessel is 45 m in length or more, two fire axes located in parts of the vessel that enable the most convenient and serviceable use of the axes in the case of an emergency;
(e)a power-operated fire pump with an apparatus allowing it to generate at least one powerful jet of water that can be rapidly directed into any part of the vessel; and
(f)in the case of a tanker, a water fog applicator fitted with a fixed water fog nozzle or capable of being fitted with a water spray nozzle.
305Vessels equipped with machinery#
A vessel that is equipped with machinery must carry the following fire-extinguishing equipment and systems:
(a)in a boiler room fitted with oil burners
(i)a fixed fire-extinguishing system,
(ii)a foam fire extinguisher, if the number of burners does not exceed two, and with one additional foam fire extinguisher for each additional burner, with a maximum requirement of four extinguishers,
(iii)a 135 L foam fire extinguisher with hoses on reels capable of allowing the spray to reach any part of the boiler room, and
(iv)a receptacle containing at least 0.1 m3 of sand or other dry material suitable for quenching oil fires, and a shovel for distributing the material;
(b)in every compartment containing internal combustion engines
(i)a fixed fire-extinguishing system, and
(ii)a foam fire extinguisher, if the power of the engines does not exceed 373 kW, and with an additional foam fire extinguisher for each additional 746 kW or fraction of that power, with a maximum requirement of four extinguishers;
(c)in any cargo pump-room
(i)a fixed fire-extinguishing system operated from a readily accessible position outside the pump room, and
(ii)a foam fire extinguisher;
(d)in any cargo space, two foam fire extinguishers located where most convenient in case of emergency; and
(e)in any control station, one powder fire extinguisher.
307Venting system#
A tanker must have a venting system with devices that prevent the passage of flame into the cargo tanks.
308Inert gas system#
(2)Despite subsection 303(1), the inert gas system may be of a type approved by the Minister as complying with the requirements of a recognized organization instead of the requirements set out in the FSS Code.
311Protection of cargo tanks#
A vessel must not be fitted with valves, fittings, tank opening covers, cargo vent piping or cargo piping made with materials that are readily rendered ineffective by heat.
312Operational readiness and maintenance#
The master of a vessel must ensure that the firefighting equipment and systems and fire protection systems on board the vessel comply with the requirements set out in regulation 14 of Chapter II-2 of SOLAS.
313Vessel that can accommodate persons overnight#
(1)A vessel that can accommodate persons overnight must comply with the requirements set out in sections 205 to 234 of the Vessel Fire Safety Regulations or the fire safety requirements for accommodation barges published by a recognized organization.
(2)The vessel must have a smoke detector installed in every cabin, accommodation space, service space, control station and machinery space.
Part 4 · Consequential and Related Amendments, Repeals and Coming into Force
Consequential and Related Amendments
Canada Labour Code
Maritime Occupational Health and Safety Regulations
Administrative Monetary Penalties (Canada Labour Code) Regulations
Canada Shipping Act, 2001
Hull Construction Regulations
Life Saving Equipment Regulations
Fishing Vessel Safety Regulations
Marine Machinery Regulations
Marine Personnel Regulations
Administrative Monetary Penalties and Notices (CSA 2001) Regulations
Fire and Boat Drills Regulations
Small Vessel Regulations
Navigation Safety Regulations, 2020
Repeals
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.