Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  cargo vessel

  cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

  competent authority

  competent authority means

  • (a) a government that is a party to SOLAS;

  • (b) a society or association for the classification and registry of ships recognized by a government referred to in paragraph (a); and

  • (c) a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether voyage data recorders meet the applicable requirements referred to in subsection 7(1). (autorité compétente)

  fishing vessel

  fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

  IMO

  IMO means the International Maritime Organization. (OMI)

  inland voyage

  inland voyage means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

  inland waters of Canada

  inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

  • (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

  • (b) from Anticosti Island to the north shore of the St. Lawrence along a meridian of longitude 63°W. (eaux internes du Canada)

  international voyage

  international voyage means a voyage between a port in one country and a port in another country, but does not include a voyage solely on the internal waters of Canada and the Great Lakes, the St. Lawrence River and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montréal. (voyage international)

  Minister

  Minister means the Minister of Transport. (ministre)

  passenger vessel

  passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

  sheltered waters voyage

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

  SOLAS

  SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)

  S-VDRs Standards

  S-VDRs Standards means the Recommendation on Performance Standards for Shipborne Simplified Voyage Data Recorders (S-VDRs), the annex to IMO Resolution MSC.163(78), or other performance standards that the Minister determines are not inferior to those standards. (normes S-VDR)

  Testing Guidelines

  Testing Guidelines means the Guidelines on annual testing of Voyage Data Recorders (VDR) and simplified Voyage Data Recorders (S-VDR), the annex to IMO MSC.1/Circ.1222. (directives de mise à l’essai)

  VDRs Standards

  VDRs Standards means the Recommendation on Performance Standards for Shipborne Voyage Data Recorders (VDRs), the annex to IMO Resolution A.861(20), or other performance standards that the Minister determines are not inferior to those standards. (normes VDR)

• Marginal note:Rigidly connected composite units

  (2) A rigidly connected composite unit that consists of a pushing vessel and pushed vessel, when designed as a dedicated and integrated tug-and-barge combination, is considered to be a single vessel for the purpose of these Regulations.

• Marginal note:Date vessel is constructed

  (3) For the purpose of these Regulations, a vessel is constructed on the earliest of

  • (a) the day on which its keel is laid,

  • (b) the day on which construction identifiable with a specific vessel begins, and

  • (c) the day on which the assembly of the vessel has reached the lesser of 50 tonnes and one per cent of the estimated mass of all structural material of the vessel.

Marginal note:Incorporation by reference — as amended from time to time

• 2 (1) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

• Marginal note:“Should”

  (2) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must”.

• Marginal note:Footnotes

  (3) For the purposes of these Regulations, guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document incorporated by reference into these Regulations are to be considered mandatory.

Application

Marginal note:Application

• 3 (1) These Regulations apply in respect of

  • (a) Canadian vessels everywhere; and

  • (b) foreign vessels in Canadian waters that are engaged in the coasting trade.

• Marginal note:Non-application

  (2) These Regulations do not apply in respect of

  • (a) pleasure craft;

  • (b) vessels that do not have mechanical means of propulsion; or

  • (c) vessels that are on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas, as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

Compliance

Marginal note:Authorized representative

4 The authorized representative of a vessel must ensure that the requirements of sections 5 to 10 are met.

Vessels Required to Be Fitted with Voyage Data Recorders

Vessels Engaged on International Voyages

Marginal note:Tonnage and date of construction

5 A vessel that is engaged on an international voyage must

• (a) be fitted with a voyage data recorder that meets the requirements of the VDRs Standards if the vessel is

  • (i) a passenger vessel of 150 gross tonnage or more, or

  • (ii) a cargo vessel of 3 000 gross tonnage or more that was constructed on or after July 1, 2002; and

• (b) be fitted with a voyage data recorder that meets the requirements of the S-VDRs Standards or the VDRs Standards if the vessel

  • (i) is a cargo vessel of 3 000 gross tonnage or more that was constructed before July 1, 2002, and

  • (ii) is not a fishing vessel.

Vessels Not Engaged on an International Voyage

Marginal note:Date of construction — on or after January 1, 2012

• 6 (1) A vessel that is not engaged on an international voyage must be fitted with a voyage data recorder that meets the requirements of the VDRs Standards if the vessel was constructed on or after January 1, 2012 and is

  • (a) a passenger vessel of 500 gross tonnage or more; or

  • (b) a cargo vessel of 3 000 gross tonnage or more that does not engage solely on inland voyages.

• Marginal note:Date of construction — before January 1, 2012

  (2) A vessel that is not engaged on an international voyage must be fitted with a voyage data recorder that meets the requirements of the S-VDRs Standards or the VDRs Standards if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of passenger vessels that

  • (a) are not ferries;

  • (b) engage solely on sheltered waters voyages; and

  • (c) operate during fewer than six months in a year.

• Marginal note:Deferred application

  (4) Subsection (2) does not apply in respect of vessels constructed before the day on which these Regulations come into force before the earlier of

  • (a) the last day of the first inspection of the vessel carried out after January 1, 2013 for the purpose of issuing a certificate under subsection 10(2) of the Vessel Certificates Regulations, and

  • (b) July 1, 2015.

Type Approval

Marginal note:VDRs Standards

• 7 (1) A voyage data recorder that is required to meet the requirements of the VDRs Standards must be of a type approved by a competent authority in accordance with

  • (a) in the case of a voyage data recorder fitted before June 1, 2008, the International Electrotechnical Commission standard Maritime navigation and radiocommunication equipment and systems — Shipborne voyage data recorder (VDR) — Performance requirements — Methods of testing and required test results, IEC 61996; and

  • (b) in the case of a voyage data recorder fitted on or after June 1, 2008, the International Electrotechnical Commission standard Maritime navigation and radiocommunication equipment and systems — Shipborne voyage data recorder (VDR) — Part 1: Voyage data recorder (VDR) — Performance requirements, methods of testing and required test results, IEC 61996-1.

• Marginal note:S-VDRs Standards

  (2) A voyage data recorder that is required to meet the requirements of the S-VDRs Standards must be of a type approved by a competent authority in accordance with the International Electrotechnical Commission standard Maritime navigation and radiocommunication equipment and systems — Shipborne voyage data recorder (VDR) — Part 2: Simplified voyage data recorder (S-VDR) — Performance requirements, methods of testing and required test results, IEC 61996-2.

• Marginal note:Proof carried on board

  (3) Proof of the type approval must be carried on board the vessel on which the voyage data recorder is fitted and must be in the form of either of the following that is issued by the competent authority:

  • (a) a label that is securely affixed to the voyage data recorder in a readily visible location; or

  • (b) a document that is kept in a readily accessible location on the vessel.

• Marginal note:Language

  (4) If the proof is issued in a language other than English or French, it must be accompanied by an English or French translation.

Installation, Testing and Maintenance

Marginal note:Minimize malfunction

• 8 (1) A voyage data recorder that is fitted on a vessel must be installed, tested and maintained so as to minimize malfunction.

• Marginal note:Electromagnetic compatibility

  (2) The voyage data recorder must be installed so that electromagnetic interference does not affect the proper functioning of navigational equipment.

• Marginal note:Good working order

  (3) All reasonable steps must be taken to maintain the voyage data recorder in good working order.

• Marginal note:Repairs

  (4) If the voyage data recorder ceases to be in good working order, the vessel’s master must restore it to good working order as soon as feasible.

• Marginal note:Maintenance record

  (5) A maintenance record for the voyage data recorder that shows the following must be kept on board the vessel:

  • (a) the periodic testing and servicing;

  • (b) the defects;

  • (c) the repairs and the parts replacements; and

  • (d) the relevant dates, locations and personnel.

Marginal note:Performance tests

• 9 (1) On installation of a voyage data recorder on a vessel, and annually after installation,

  • (a) the voyage data recorder, including all sensors, must undergo a performance test in accordance with the Testing Guidelines; and

  • (b) the serviceability of all protective enclosures and devices fitted to aid in locating the voyage data recorder must be determined by a performance test carried out in accordance with the Testing Guidelines.

• Marginal note:Section 3 of the Testing Guidelines

  (2) In the case of a vessel required by section 5 to be fitted with a voyage data recorder, an annual performance test may, as permitted by section 3 of the Testing Guidelines, be carried out at the same time as an inspection.

• Marginal note:Subsection 10(2) of the Vessel Certificate Regulations

  (3) In the case of a vessel required by section 6 to be fitted with a voyage data recorder, an annual performance test may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 10(2) of the Vessel Certificate Regulations if the period between tests does not exceed

  • (a) 15 months, in the case of a passenger vessel; and

  • (b) 18 months, in the case of a cargo vessel.

• Marginal note:Certificates of compliance

  (4) A copy of the certificate of compliance that is issued by the party who carried out the most recent performance test and that states the date of compliance and the applicable performance standards must be kept on board the vessel.

• Marginal note:Language

  (5) If the certificate of compliance is issued in a language other than English or French, it must be accompanied by an English or French translation.

Documentation

Marginal note:Maintenance

10 The documentation necessary to ensure that a voyage data recorder fitted on a vessel can be maintained in good working order must be carried on board.

Exemptions and Equivalents

Marginal note:SOLAS

11 For the purposes of these Regulations, the Marine Technical Review Board established under section 26 of the Canada Shipping Act, 2001 may exercise the Administration’s powers conferred by regulations 4(a) and 5 of Chapter I of SOLAS and regulations 3.2 and 20.3 of Chapter V of SOLAS.

Consequential Amendments to the Navigation Safety Regulations

12 [Amendment]

13 [Amendment]

14 [Amendment]

Coming into Force

Marginal note:Registration

15 These Regulations come into force on the day on which they are registered.