Vessel Construction and Equipment Regulations (SOR/2023-257)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

2008 IS Code

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

Act means the Canada Shipping Act, 2001. (Loi)

cargo vessel

cargo vessel means a vessel other than a pleasure craft or passenger vessel. (bâtiment de charge)

constructed

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)

FSS Code

FSS Code means the annex to IMO Resolution MSC.98(73), International Code for Fire Safety Systems, as amended from time to time. (Recueil FSS)

inland voyage

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

IMO

IMO means the International Maritime Organization. (OMI)

length

length, in respect of a vessel, has the same meaning as in regulation 2.5 of Chapter II-1 of SOLAS. (longeur)

Minister

Minister means the Minister of Transport. (ministre)

MLC 2006

MLC 2006 means the Maritime Labour Convention, 2006, as amended from time to time. (MLC 2006)

near coastal voyage, Class 2

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

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

recognized organization

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

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

sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety 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, as amended from time to time. (SOLAS)

tanker

tanker has the same meaning as in regulation 2(h) of Chapter I of SOLAS. (bâtiment-citerne)

TP 15415

TP 15415 means the publication entitled Canadian Modifications for the Vessel Construction and Equipment Regulations, published by the Department of Transport in December 2023. (TP 15415)

Marginal note:“Should”, “Administration” and “ship”

• 2 (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”.

• Marginal note:“Ships of traditional build”

  (2) For the purpose of interpreting MLC 2006, “ships of traditional build” is to be read as “wooden vessels of primitive build”.

• Marginal note:TP 15415 — Canadian modifications

  (3) In these Regulations, a reference to a provision of SOLAS or MLC 2006 is to be read as a reference to that provision as modified by TP 15415.

Marginal note:Footnotes

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

Application

Marginal note:Canadian vessels

• 4 (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.

• Marginal note:Canadian vessels — Part 2

  (2) Part 2 applies in respect of Canadian vessels that are required to be registered or listed under Part 2 of the Act.

Marginal note:Foreign vessels

5 Section 117 applies in respect of foreign vessels in the internal waters of Canada that navigate in frazil ice or ice slush conditions.

Marginal note:Drilling and other activities

6 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.

Marginal note:Non-application

7 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

Marginal note:Vessels constructed before coming into force

8 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.

Marginal note:Limitations on grandfathering — immediate

9 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).

Marginal note:Limitations on grandfathering — first anniversary

10 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.

Marginal note:Limitations on grandfathering — parts of a vessel

• 11 (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.

• Marginal note:Cessation of grandfathering — entire vessel

  (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.

• Marginal note:Cessation of grandfathering — certification

  (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

Marginal note:Deemed construction date

12 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

Marginal note:Equivalent level of safety

• 13 (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.

• Marginal note:Criteria

  (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.

[14 to 99 reserved]

PART 1Requirements

Construction — Structure, Subdivision and Stability, Machinery and Electrical Installations

Marginal note:SOLAS Chapter II-1 — mechanical propulsion

• 100 (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.

• Marginal note:SOLAS Chapter II-1 — no mechanical propulsion

  (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.

Marginal note:2008 IS Code — Part B

• 101 (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.

• Marginal note:2008 IS Code — Canadian modifications

  (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.

Marginal note:Damage stability — mechanical propulsion

• 102 (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.

• Marginal note:Damage stability — no mechanical propulsion

  (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

Marginal note:SOLAS Chapter III

• 103 (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.

• Marginal note:LSA Code — Canadian modifications

  (2) For the purposes of subsection (1), a reference in Chapter III of SOLAS to a provision of the LSA Code is to be read as a reference to that provision as modified by Part A of TP 14475.

• Marginal note:LSA Code — testing and approval

  (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.

• Marginal note:Alternative appliances and arrangements

  (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.

• Marginal note:Definitions

  (5) The following definitions apply in this section.

  LSA Code

  LSA Code means the annex to IMO Resolution MSC.48(66), International Life-Saving Appliance Code, as amended from time to time. (Recueil LSA)

  TP 14475

  TP 14475 means the publication entitled Canadian Life Saving Appliance Standard, published by the Department of Transport, as amended from time to time. (TP 14475)

Chemical Tankers

Marginal note:SOLAS Chapter VII

104 A chemical tanker, including one that does not have a mechanical means of propulsion, must comply with the requirements set out in Part B of Chapter VII of SOLAS.

Gas Carriers

Marginal note:SOLAS Chapter VII

105 A gas carrier, including one that does not have a mechanical means of propulsion, must comply with the requirements set out in Part C of Chapter VII of SOLAS.

Nuclear Vessels

Marginal note:SOLAS Chapter VIII

• 106 (1) A nuclear vessel must comply with the requirements set out in Chapter VIII of SOLAS.

High-Speed Craft

Marginal note:SOLAS Chapter X

• 107 (1) Subject to subsection (2), a high-speed craft that is referred to in regulation 2 of Chapter X of SOLAS must comply with the requirements set out in the annex to IMO Resolution MSC.97(73), International Code of Safety for High-Speed Craft, 2000, as amended from time to time.

• Marginal note:Non-applicable requirements — HSC Code

  (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

Marginal note:SOLAS Chapter XII

108 A bulk carrier that is a Safety Convention vessel must comply with the requirements set out in regulations 4, 5, 6.2, 12 and 13 of Chapter XII of SOLAS.

Vessels Carrying Industrial Personnel

Marginal note:SOLAS Chapter XV

109 A vessel that carries industrial personnel must comply with the requirements set out in Chapter XV of SOLAS.

Special Purpose Vessels

Marginal note:SPS Code

110 A special purpose vessel must comply with the requirements set out in the annex to IMO Resolution MSC.266(84), Code of Safety for Special Purpose Ships, 2008, as amended from time to time, except those set out in Chapters 9 to 11.

Offshore Supply Vessels

Marginal note:Resolution MSC.235(82)

111 An offshore supply vessel must comply with the requirements set out in the annex to IMO Resolution MSC.235(82), Guidelines for the Design and Construction of Offshore Supply Vessels, 2006, as amended from time to time, except those set out in section 7 of the annex.

Mechanically Connected Tug and Barge Combinations

Marginal note:Requirements

• 112 (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.

• Marginal note:Particular case

  (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.

• Marginal note:Definition of mechanically connected tug and barge combination

  (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

Marginal note:Bulk liquid — flash point exceeding 60°C

113 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.

Marginal note:Bulk liquid — flash point of 60°C or less

• 114 (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

  • (a) a risk assessment is submitted to the Minister by the authorized representative and is approved by the Minister;

  • (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);

  • (c) safety measures proposed to mitigate any intolerable risks that are identified in the risk assessment are submitted to the Minister by the authorized representative and are approved by the Minister;

  • (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.

• Marginal note:Approval by Minister — risk assessment

  (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.

• Marginal note:Exception to risk assessment

  (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

Marginal note:MODU Code

115 A mobile offshore drilling unit must comply with the requirements set out in the annex to IMO Resolution A.1023(26), Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009, as amended from time to time, except those set out in Chapters 11 and 14.

Vessels of Particular Design

Marginal note:Equivalent level of safety

116 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

Marginal note:Navigation in frazil ice or ice slush

117 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.

[118 to 199 reserved]

PART 2Crew Accommodation Spaces and Recreational Facilities

Marginal note:“Competent authority” and guidelines

200 For the purposes of this Part, every reference to “competent authority” in MLC 2006 is to be read as “Minister” and the guidelines in the regulations of MLC 2006 that are incorporated by reference are to be interpreted as expressing an obligation.

Marginal note:Requirements — Title 3 of MLC 2006

201 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.

Marginal note:Exception — vessels less than 200 gross tonnage

• 202 (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.

• Marginal note:Exception — towing vessels

  (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.

[203 to 299 reserved]

PART 3Additional Requirements

Elevators

Marginal note:Conformity — standard or equivalent requirements

• 300 (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.

• Marginal note:Definition of elevator

  (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

Marginal note:Requirements

• 301 (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.

• Marginal note:Assessment of bollard pull

  (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

Marginal note:Application

302 Sections 303 to 313 apply in respect of vessels that do not have a mechanical means of propulsion.

Marginal note:Approved systems

• 303 (1) The authorized representative of a vessel must ensure that the fixed fire-extinguishing system referred to in section 305 and the inert gas system referred to in subsection 308(1) are of a type approved by the Minister as complying with the requirements of the FSS Code.

• Marginal note:Approved fire extinguisher

  (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.

• Marginal note:Approved smoke detector

  (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.

• Marginal note:Definition of product certification body

  (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.

Marginal note:Vessels carrying a person

304 A vessel that carries a person must be equipped with the following firefighting equipment and systems:

• (a) in each space occupied by a person, one fire extinguisher for each 15 m of length in that space, or fraction of that length;

• (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.

Marginal note:Vessels equipped with machinery

305 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. 

Marginal note:Fire-extinguishing system

306 A tanker must have a deck foam fire-extinguishing system.

Marginal note:Venting system

307 A tanker must have a venting system with devices that prevent the passage of flame into the cargo tanks.

Marginal note:Inert gas system

• 308 (1) A tanker that is fitted with an inert gas system must comply with the requirements set out in regulation 4.5.5.3 of Chapter II-2 of SOLAS.

• Marginal note:Alternative to FSS Code

  (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.

• Marginal note:Installation equivalent to inert gas system

  (3) A tanker that does not have a mechanical means of propulsion and that is fitted with an installation equivalent to an inert gas system must comply with the requirements set out in regulation 4.5.5.4 of Chapter II-2 of SOLAS.

Marginal note:Cargo tank purging and gas-freeing

309 A tanker that is not fitted with an inert gas system or equivalent installation must have other arrangements for the purging or gas-freeing of empty cargo tanks and the arrangements must comply with the requirements set out in regulation 4.5.6 of Chapter II-2 of SOLAS.

Marginal note:Protection of cargo area

310 A tanker must be fitted with drip pans, cargo hoses and tank washing hoses in accordance with regulation 4.5.9 of Chapter II-2 of SOLAS.

Marginal note:Protection of cargo tanks

311 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.

Marginal note:Operational readiness and maintenance

312 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.

Marginal note:Vessel that can accommodate persons overnight

• 313 (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.

• Marginal note:Smoke detectors

  (2) The vessel must have a smoke detector installed in every cabin, accommodation space, service space, control station and machinery space.

[314 to 399 reserved]

PART 4Consequential and Related Amendments, Repeals and Coming into Force

Consequential and Related Amendments

Canada Labour Code

Maritime Occupational Health and Safety Regulations

400 [Amendments]

401 [Amendments]

402 [Amendments]

403 [Amendments]

404 [Amendments]

405 [Amendments]

406 [Amendments]

407 [Amendments]

408 [Amendments]

409 [Amendments]

410 [Amendments]

411 [Amendments]

412 [Amendments]

413 [Amendments]

414 [Amendments]

415 [Amendments]

416 [Amendments]

417 [Amendments]

418 [Amendments]

419 [Amendments]

420 [Amendments]

421 [Amendments]

422 [Amendments]

Administrative Monetary Penalties (Canada Labour Code) Regulations

423 [Amendments]

424 [Amendments]

425 [Amendments]

426 [Amendments]

427 [Amendments]

428 [Amendments]

Canada Shipping Act, 2001

Hull Construction Regulations

429 [Amendments]

Life Saving Equipment Regulations

430 [Amendments]

431 [Amendments]

432 [Amendments]

433 [Amendments]

434 [Amendments]

435 [Amendments]

436 [Amendments]

437 [Amendments]

438 [Amendments]

439 [Amendments]

440 [Amendments]

441 [Amendments]

442 [Amendments]

443 [Amendments]

444 [Amendments]

445 [Amendments]

446 [Amendments]

447 [Amendments]

448 [Amendments]

449 [Amendments]

450 [Amendments]

451 [Amendments]

452 [Amendments]

453 [Amendments]

454 [Amendments]

455 [Amendments]

456 [Amendments]

457 [Amendments]

458 [Amendments]

459 [Amendments]

460 [Amendments]

461 [Amendments]

462 [Amendments]

463 [Amendments]

464 [Amendments]

465 [Amendments]

466 [Amendments]

467 [Amendments]

468 [Amendments]

469 [Amendments]

470 [Amendments]

471 [Amendments]

472 [Amendments]

473 [Amendments]

474 [Amendments]

475 [Amendments]

476 [Amendments]

477 [Amendments]

478 [Amendments]

479 [Amendments]

480 [Amendments]

481 [Amendments]

482 [Amendments]

483 [Amendments]

484 [Amendments]

485 [Amendments]

486 [Amendments]

487 [Amendments]

488 [Amendments]

489 [Amendments]

490 [Amendments]

491 [Amendments]

492 [Amendments]

493 [Amendments]

494 [Amendments]

495 [Amendments]

496 [Amendments]

497 [Amendments]

498 [Amendments]

499 [Amendments]

500 [Amendments]

501 [Amendments]

502 [Amendments]

503 [Amendments]

504 [Amendments]

505 [Amendments]

506 [Amendments]

507 [Amendments]

508 [Amendments]

509 [Amendments]

510 [Amendments]

511 [Amendments]

Fishing Vessel Safety Regulations

512 [Amendments]

513 [Amendments]

514 [Amendments]

Marine Machinery Regulations

515 [Amendments]

516 [Amendments]

517 [Amendments]

518 [Amendments]

519 [Amendments]

520 [Amendments]

Marine Personnel Regulations

521 [Amendments]

522 [Amendments]

523 [Amendments]

524 [Amendments]

525 [Amendments]

526 [Amendments]

527 [Amendments]

528 [Amendments]

Administrative Monetary Penalties and Notices (CSA 2001) Regulations

529 [Amendments]

530 [Amendments]

Fire and Boat Drills Regulations

531 [Amendments]

Small Vessel Regulations

532 [Amendments]

Navigation Safety Regulations, 2020

533 [Amendments]

534 [Amendments]

535 [Amendments]

Repeals

536 The following Regulations are repealed:

• (a) the Crew Accommodation RegulationsFootnote ¹³;

  • Return to footnote ¹³C.R.C., c. 1418

• (b) the Ships’ Elevator RegulationsFootnote ¹⁴;

  • Return to footnote ¹⁴C.R.C., c. 1482

• (c) the Towboat Crew Accommodation RegulationsFootnote ¹⁵; and

  • Return to footnote ¹⁵C.R.C., c. 1498

• (d) the Steering Appliances and Equipment RegulationsFootnote ¹⁶.

  • Return to footnote ¹⁶SOR/83-810

Coming into Force

Marginal note:Publication

Footnote ^*537 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

• Return to footnote ^*[Note: Regulations in force December 20, 2023.]