Eastern Canada Vessel Traffic Services Zone Regulations (SOR/89-99)

Regulations are current to 2017-09-14 and last amended on 2007-07-01. Previous Versions

Eastern Canada Vessel Traffic Services Zone Regulations

SOR/89-99

CANADA SHIPPING ACT, 2001

Registration 1989-02-09

Regulations Respecting the Eastern Canada Vessel Traffic Services Zone

P.C. 1989-147 1989-02-09

Whereas, pursuant to section 635.2Footnote * of the Canada Shipping Act, a copy of the proposed Regulations respecting the Eastern Canada 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 Acting Minister of Transport, pursuant to sections 635.15Footnote * and 635.16Footnote * of the Canada Shipping Act, is pleased hereby to revoke the Eastern Canada Traffic Zone Regulations, made by Order in Council P.C. 1978-2590 of August 16, 1978Footnote **, and to make the annexed Regulations respecting the Eastern Canada Vessel Traffic Services Zone, in substitution therefor, 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 Eastern Canada Vessel Traffic Services Zone Regulations.

Interpretation

 In these Regulations,

berth

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

class

class, with reference to dangerous goods, has the same meaning as in section 2 of the Dangerous Goods Shipping Regulations; (classe)

pollutant

pollutant has the same meaning as in section 654 of the Canada Shipping Act. (polluant)

  • SOR/96-215, s. 1.

Application

 These Regulations apply in respect of

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

  • (b) every ship that is 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; and

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

Eastern Canada Vessel Traffic Services Zone

 The Eastern Canada Vessel Traffic Services Zone shall consist of the Canadian waters on the east coast of Canada south of the sixtieth parallel of north latitude and in the St. Lawrence River east of 66°00′ west longitude except the waters within Ungava Bay and the waters within the Vessel Traffic Services Zones referred to in the Vessel Traffic Services Zone Regulations.

Reports

  •  (1) Subject to subsection (6), the master of a ship shall ensure that a report is made

    • (a) where the ship is about to enter the Eastern Canada Vessel Traffic Services Zone,

      • (i) 24 hours before entering that Zone, or

      • (ii) as soon as practicable before entering that Zone, where the estimated time of arrival of the ship at that Zone is less than 24 hours after the time the ship departed from the last port of call;

    • (b) where the ship is departing from a berth within the Eastern Canada Vessel Traffic Services Zone, two hours before the ship departs from the berth;

    • (c) where the ship is within the Eastern Canada Vessel Traffic Services Zone and has been stranded or has stopped as a result of a breakdown in the main propulsion systems or steering systems, or has been involved in a collision, immediately before the ship gets underway;

    • (d) immediately before the ship crosses the seaward boundary of the Eastern Canada Vessel Traffic Services Zone,

      • (i) where the ship enters that Zone, or

      • (ii) where the ship departs from that Zone; and

    • (e) on the arrival of the ship at a berth within the Eastern Canada Vessel Traffic Services Zone.

  • (2) A report required in the case referred to in paragraphs (1)(a) and (b) 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 the ship arrived 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) in the case referred to in paragraph (1)(a), the estimated time that the ship will enter the Eastern Canada Vessel Traffic Services Zone;

    • (j) in the case referred to in paragraph (1)(b), the estimated time that the ship will depart the berth;

    • (k) the destination of the ship;

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

    • (m) the route the ship intends to take through the Eastern Canada Vessel Traffic Services Zone to arrive at the destination;

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

    • (o) the draft of the ship;

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

    • (q) [Repealed, SOR/96-215, s. 2]

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

    • (s) any discharge, or threat of discharge, of a pollutant from the ship into the water, and any damage to the ship that may result in the discharge of a pollutant from the ship into the water;

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

    • (u) 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.

  • (3) A report required in the case referred to in paragraph (1)(c) shall specify

    • (a) the name of the ship;

    • (b) the position of the ship; and

    • (c) any matter referred to in paragraph (1)(c).

  • (4) A report required in the case referred to in paragraph (1)(d) shall specify

    • (a) the name of the ship;

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

    • (c) the position of the ship;

    • (d) the time the ship will cross the seaward boundary of the Eastern Canada Vessel Traffic Services Zone; and

    • (e) the prevailing weather and ice conditions.

  • (5) A report required in the case referred to in paragraph (1)(e) shall specify

    • (a) the name of the ship;

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

    • (c) the name of the port where the berth is located within a port; and

    • (d) the time of the arrival of the ship at the berth.

  • (6) A report required to be made pursuant to subsection (1) is not required to be made

    • (a) in a case referred to in paragraph (1)(a), where the ship is on a voyage between two ports within the Eastern Canada Vessel Traffic Services Zone;

    • (b) in a case referred to in paragraph (1)(b), where the ship is proceeding to another berth in the same port; and

    • (c) in a case referred to in paragraph (1)(d), where the seaward boundary of the Eastern Canada Vessel Traffic Services Zone constitutes the seaward boundary of a Vessel Traffic Services Zone referred to in the Vessel Traffic Services Zone Regulations.

  • SOR/96-215, s. 2.

 The master of a ship that is within or about to enter the Eastern Canada Vessel Traffic Services Zone shall make a report as soon as practicable where the master becomes aware of any of the following matters:

  • (a) the occurrence on board the ship of any fire;

  • (b) the involvement of the ship in a collision, grounding or striking;

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

  • (d) another ship in apparent difficulty;

  • (e) any obstruction to navigation;

  • (f) any aid to navigation that is functioning improperly, damaged, off-position or missing;

  • (g) any ice and weather conditions that are detrimental to safe navigation; or

  • (h) the presence of any pollutant in the water.

  • SOR/96-215, s. 3.
 
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