Vessel Traffic Services Zones Regulations (SOR/89-98)

Regulations are current to 2017-11-06 and last amended on 2007-07-01. Previous Versions

Vessel Traffic Services Zones Regulations

SOR/89-98

CANADA SHIPPING ACT, 2001

Registration 1989-02-09

Regulations Respecting Vessel Traffic Services Zones

P.C. 1989-146 1989-02-09

Whereas, pursuant to section 635.2Footnote * of the Canada Shipping Act, a copy of the proposed Regulations respecting Vessel Traffic Services Zones, substantially in the form annexed hereto, was published in the Canada Gazette Part I, on July 2, 1988 and a reasonable opportunity was thereby afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister of Transport with respect thereto;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 635.15Footnote * and 635.16Footnote * of the Canada Shipping Act, is pleased hereby to make the annexed Regulations respecting Vessel Traffic Services Zones, effective on the day on which sections 73 to 76 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act, the Maritime Code Act and the Oil and Gas Production and Conservation Act in consequence thereof, being chapter 7 of the Statutes of Canada, 1987, come into force.

Short Title

 These Regulations may be cited as the Vessel Traffic Services Zones Regulations.

Interpretation

 In these Regulations,

Act

Act means the Canada Shipping Act; (Loi)

berth

berth includes a wharf, pier, lock, anchorage or mooring buoy; (poste)

departure manoeuvre

departure manoeuvre means an operation during which a vessel leaves a berth and gets safely under way; (manoeuvre de départ)

ECAREG

ECAREG means the Eastern Canada Vessel Traffic Services Zone as described in section 4 of the Eastern Canada Vessel Traffic Services Zone Regulations; (ECAREG)

manoeuvre

manoeuvre means any ship movement, and includes

  • (a) a compass adjustment,

  • (b) the calibration and servicing of navigational aids,

  • (c) a sea trial,

  • (d) a dredging operation, and

  • (e) the laying, picking up and servicing of submarine cables; (manoeuvre)

marine traffic regulator

marine traffic regulator means a person designated by the Commissioner of the Canadian Coast Guard pursuant to subsection 562.18(2) of the Act; (régulateur de trafic maritime)

pollutant

pollutant has the same meaning as in section 654 of the Act; (polluant)

VTS OFFSHORE

VTS OFFSHORE means the Western Canada Vessel Traffic Services Zones as described in the Annual Edition of Notice to Mariners, TP 390, published by the Department of Transport. (VTS OFFSHORE)

  • SOR/96-214, s. 1.

Application

  •  (1) Subject to subsection (2), these Regulations apply in respect of

    • (a) every ship 20 metres or more in length;

    • (b) every ship engaged in towing or pushing any vessel or object, other than fishing gear, where

      • (i) the combined length of the ship and any vessel or object towed or pushed by the ship is 45 metres or more in length, or

      • (ii) the length of the vessel or object being towed or pushed by the ship is 20 metres or more in length.

  • (2) These Regulations do not apply in respect of

    • (a) a ship engaged in towing or pushing any vessel or object within a log booming ground;

    • (b) a pleasure yacht that is less than 30 m in length; and

    • (c) a fishing vessel that is less than 24 m in length and not more than 150 tons gross tonnage.

  • SOR/96-214, s. 2.

Vessel Traffic Services Zones

 For the purposes of these Regulations, the Vessel Traffic Services Zones referred to in section 562.16 of the Act are the zones set out in column I of the items of the schedule.

  • SOR/96-214, s. 3.

Communications

  •  (1) The master of a ship shall ensure that,

    • (a) before the ship enters a Vessel Traffic Service Zone set out in column I of an item of the schedule, the ship’s radio equipment is capable of receiving and transmitting radio communications on the channel set out in column 5 of an item of Table I of the Vessel Traffic Services Zones Regulatory Specifications, TP 8771, published by the Canadian Coast Guard, as amended from time to time, and on the radio frequency set out in column 6 of that item of that Table; and

    • (b) where the ship is in a Zone referred to in paragraph (a), a continuous listening watch is maintained on the channel and on the radio frequency referred to in that paragraph on radio equipment located

      • (i) at any place on board the ship, where the ship is at anchor or moored to a buoy, and

      • (ii) in the vicinity of the ship’s conning position, where the ship is under way.

  • (2) The listening watch referred to in paragraph (1)(b) may be suspended if a marine traffic regulator directs the ship to communicate with coast stations and other ships on a different channel and radio frequency.

  • SOR/96-214, s. 4.

Reports

  •  (1) The master of a ship shall ensure that a report is made to a marine traffic regulator

    • (a) at least 15 minutes before the ship

      • (i) enters a Vessel Traffic Services Zone, except where the ship has been given a traffic clearance in accordance with section 562.18 of the Act, or

      • (ii) [Repealed, SOR/96-214, s. 5]

      • (iii) commences a manoeuvre in a Vessel Traffic Services Zone that may be detrimental to safe navigation;

    • (b) as soon as practicable after the ship arrives at a berth in a Vessel Traffic Services Zone;

    • (c) immediately before commencing a departure manoeuvre in a Vessel Traffic Services Zone;

    • (d) when the ship arrives at a calling-in point described in column 4 of an item of Table II of the Vessel Traffic Services Zones Regulatory Specifications, TP 8771, published by the Canadian Coast Guard, as amended from time to time;

    • (e) as soon as practicable after the manoeuvre referred to in subparagraph (a)(iii) is completed; and

    • (f) immediately after completing the departure manoeuvre referred to in paragraph (c).

  • (1.1) The master of a ship shall ensure that a report is made to a marine traffic regulator at least 24 hours before the ship enters a Vessel Traffic Services Zone from seaward, or as soon as possible where the estimated time of arrival at that Vessel Traffic Services Zone is less than 24 hours after the ship departs from the last port of call, where the ship is

    • (a) of 500 tons gross tonnage or more;

    • (b) engaged in towing or pushing a vessel, where the combined tonnage of the ship and the vessel being towed or pushed is 500 tons gross tonnage or more; or

    • (c) carrying a pollutant or dangerous goods, or engaged in towing or pushing a vessel carrying a pollutant or dangerous goods.

  • (1.2) A report required under subsection (1.1) shall specify

    • (a) the name of the ship;

    • (b) the radio call sign of the ship;

    • (c) the name of the master of the ship;

    • (d) the position of the ship;

    • (e) the time of arrival of the ship at the position;

    • (f) the course of the ship, if any;

    • (g) the speed of the ship, if any;

    • (h) the prevailing weather conditions;

    • (i) the estimated time that the ship will enter the Vessel Traffic Services Zone;

    • (j) the name of the Vessel Traffic Services Zone the ship intends to enter;

    • (k) the destination of the ship;

    • (l) the estimated time of arrival of the ship at the destination;

    • (m) the intended route of the ship;

    • (n) the name of the last port of call of the ship;

    • (o) the draught of the ship;

    • (p) any dangerous goods, listed by class, or pollutant, that is carried on board the ship or the vessel being towed or pushed by the ship;

    • (q) any defect in the ship’s hull, main propulsion systems or steering systems, radars, compasses, radio equipment, anchors or cables;

    • (r) any discharge, or threat of discharge, into the water, of a pollutant from the ship or the vessel being towed or pushed by the ship, and any damage to the ship or vessel that may result in the discharge of a pollutant from the ship or vessel into the water;

    • (s) the name of the Canadian or United States agent of the ship; and

    • (t) the date of expiration of a certificate referred to in Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1969, the International Oil Pollution Prevention Certificate, the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, the Certificate of Fitness and the Certificate of Compliance, if any, issued to the ship.

  • (1.3) A report required under subsection (1.1) shall be addressed to ECAREG in Eastern Canada, and to VTS OFFSHORE in Western Canada.

  • (2) A report required in a case referred to in subparagraph (1)(a)(i) shall specify

    • (a) the name of the ship;

    • (b) the radio call sign of the ship;

    • (c) the position of the ship;

    • (d) the estimated time that the ship will enter the Vessel Traffic Services Zone;

    • (e) the destination of the ship;

    • (f) the estimated time that the ship will arrive at its destination; and

    • (g) whether any pollutant or dangerous goods cargo is carried on board the ship or any vessel or object being towed or pushed by the ship.

  • (3) A report required under paragraph (1)(c) shall specify

    • (a) the name of the ship;

    • (b) the radio call sign of the ship;

    • (c) the position of the ship;

    • (d) the estimated time that the ship will depart the berth;

    • (e) the destination of the ship;

    • (f) the estimated time that the ship will arrive at its destination; and

    • (g) whether any pollutant or dangerous goods cargo is carried on board the ship or any vessel or object being towed or pushed by the ship.

  • (4) A report required in a case referred to in subparagraph (1)(a)(iii) shall specify

    • (a) the name of the ship;

    • (b) the position of the ship; and

    • (c) the manoeuvre that the ship is about to commence.

  • (5) A report required in a case referred to in paragraph 1(b) shall specify

    • (a) the name of the ship; and

    • (b) the position of the ship.

  • (6) A report required under paragraph (1)(d) or (f) shall specify

    • (a) the name of the ship;

    • (b) the position of the ship; and

    • (c) the estimated time that the ship will arrive at the next location where a report is required by these Regulations to be made.

  • (7) A report required in the case referred to in paragraph (1)(e) shall describe the manoeuvre referred to in subparagraph (1)(a)(iii).

  • (8) In addition to the information referred to in subsection (6), when a vessel arrives at a calling-in point described in column 4 of an item of Table II of the Vessel Traffic Services Zones Regulatory Specifications, TP 8771, published by the Canadian Coast Guard, as amended from time to time, the master of the ship shall report the name of the calling-in point as set out in column 2 of that item or the number of the calling-in point as set out in column 3 of that item.

  • SOR/96-214, s. 5.
 
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