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

Regulations are current to 2024-11-26 and last amended on 2023-12-20. Previous Versions

Vessel Construction and Equipment Regulations

SOR/2023-257

ARCTIC WATERS POLLUTION PREVENTION ACT

CANADA SHIPPING ACT, 2001

CANADA LABOUR CODE

Registration 2023-12-04

Vessel Construction and Equipment Regulations

P.C. 2023-1187 2023-12-01

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

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

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:

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:

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).

Table of Contents

 

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