Canada Gazette, Part I, Volume 156, Number 44: Vessel Construction and Equipment Regulations

October 29, 2022

Statutory authorities
Canada Labour Code
Canada Shipping Act, 2001
Arctic Waters Pollution Prevention Act

Sponsoring departments
Department of Transport
Department of Employment and Social Development
Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Existing Canadian regulations, which outline requirements for the construction and equipment of new vessels 24 m or more in length, have not been substantially updated in years. Due to the number of requirements spread across multiple regulations, publications, and standards, smaller updates have been made to these regulations over the years but there has not been a full regulatory project to update and consolidate these requirements into one regulatory text. This has resulted in numerous issues for both industry stakeholders and the Government of Canada, while also leaving various safety and administrative concerns unaddressed, namely the following:

• Existing regulations, which outline these construction and equipment requirements, contain references that are out of date and not consistent with the CSA 2001, as most of them were made under the now repealed Canada Shipping Act. As such, they use terminology that does not align with what is found in other, more current regulations and standards, and contain references to repealed Canadian regulations.
• Existing requirements are not aligned with measures set by the IMO, most notably SOLAS, meaning that Canada is not meeting its international obligations. This has resulted in vessels of similar size operating alongside one another in Canadian waters, while following different construction and equipment requirements depending on whether the vessels operate domestically or internationally.
• Existing regulations do not include fire safety requirements for vessels without mechanical means of propulsion. As such, these vessels may not provide an adequate level of fire safety.
• Not all existing regulations have AMP amounts associated with violations to their requirements under the Administrative Monetary Penalties and Notices (CSA 2001) Regulations [AMPN (CSA 2001) Regulations]. For those that do, these amounts are not in line with current AMP allowances permitted under the CSA 2001.
• Existing regulations do not address safety concerns which have been raised by the TSB regarding passenger vessels carrying an appropriate number of infant- and child-sized lifejackets on board.
• Existing regulations do not provide any allowances to accommodate technological advancements in the marine industry. This has resulted in TC’s MTRB being overloaded with requests from vessel owners to implement new alternative design and construction methods on board their vessels.

Background

Disparate and outdated requirements

Requirements for constructing and equipping vessels 24 m or more in length are currently spread across eight different regulations, many of which deal with only specific aspects of the vessel:

• the Hull Construction Regulations outline requirements exclusively for vessels’ hull design and vessel stability;
• the Life Saving Equipment Regulations outline life-saving equipment requirements for vessels;
• the Maritime Occupational Health and Safety Regulations (MOHSR) address safety and well-being in the workplace through elements such as lighting, ventilation and design of crew accommodation and safe occupancy;
• the Marine Machinery Regulations outline standards for constructing, installing, and maintaining machinery and systems equipped on board vessels;
• the Steering Appliances and Equipment Regulations outline requirements for how steering units must be installed on board self-propelled vessels;
• the Crew Accommodation Regulations outline requirements (lighting, ventilation, etc.) for crew accommodation spaces on board vessels;
• the Towboat Crew Accommodation Regulations also outline requirements for crew accommodation spaces, unique to vessels used for towing; and
• the Ships’ Elevator Regulations outline design, construction, installation, and inspection requirements for elevators and escalators installed on board vessels.

Some of the above regulations, notably the MOHSR, contain a few sections which lay out a subset of requirements specific to vessel construction, many of which are duplications of requirements, for both small and large vessels, found in other Canadian regulations. As a result, any stakeholder seeking to build a new vessel, or upgrade an existing vessel, of 24 m or more in length must consult multiple, disparate regulations. In order to address gaps in the regulatory regime, including specific issues unique to the Canadian operating climate (e.g. operation in ice-covered waters, operation in the Great Lakes), requirements which need to be followed by certain vessels in certain situations (i.e. stability standards, electrical standards, standards for passenger vessels operating in ice) are set out in various technical publications and standards published by TC.

Many requirements within these existing regulations are out of date, referencing regulations and standards which have since been repealed or have been updated under different regulatory titles. Existing regulations also have not been substantially updated to remain aligned with requirements put forward by the IMO, notably updates to SOLAS. Canada is an active participant in multiple Committees and Sub-Committees at the IMO, playing a leading role in the development of new and amended requirements in SOLAS. However, many SOLAS updates are not reflected in Canada’s own regulatory regime.

Outdated references, combined with requirements being spread across multiple different regulations, have created a burden on stakeholders who have expressed concerns that Canada’s approach to setting construction and equipment requirements for large vessels is out of step with approaches taken by similar maritime administrations around the world.

Administrative monetary penalties

The AMPN (CSA 2001) Regulations lay out ranges of penalties for violations of various regulations under the CSA 2001. However, not all regulations that would be updated and consolidated into the proposed Regulations currently have AMPs associated with violations of their requirements. For those that do, the ranges are significantly lower than new maximum AMP amounts which are now permitted due to a 2018 amendment to paragraph 244(h) of the CSA 2001. The 2018 amendment increased the maximum AMP amount per violation from $25,000 to $250,000. It is necessary to apply these new violation amounts in a consistent manner across regulations in order for them to serve as an effective deterrent and to fairly apply standardized penalties for violations which carry similar impacts.

Currently, the vessel construction and equipment requirements in the MOHSR are enforced through the Canada Labour Code and its Administrative Monetary Penalties (Canada Labour Code) Regulations [AMP (CLC) Regulations]. The proposed Regulations would repeal the relevant MOHSR provisions and, consequently, also amend Schedule I of the AMP (CLC) Regulations, updating and transferring these amounts into the AMP ranges set under the proposed Regulations. As such, all AMPs associated with vessel construction and equipment requirements in the MOHSR would be repealed. The penalties scheme would be addressed in the new AMP schedule outlining AMP ranges for violations to the proposed Regulations, under the CSA 2001. All AMP amounts in the MOHSR that are not related to vessel construction or equipment would remain unchanged under the AMP (CLC) Regulations.

Transportation Safety Board safety concerns

The result of the investigation into the grounding and subsequent flooding of the passenger vessel Island Queen III in 2017 led to the TSB raising the concern that there were not enough child-sized or infant-sized lifejackets available for all passengers on the vessel. Although the vessel was able to return to dock without assistance and an evacuation of the vessel at sea was not required, this lack of appropriately sized lifejackets would have posed safety concerns should an evacuation have been necessary. As such, while the TSB did not issue a formal recommendation, it noted in its report that without TC requirements for the carriage of infant-sized lifejackets on board vessels, and requirements for vessel operators to ensure the number of child- and infant-sized lifejackets on board equals or exceeds the number of children and infants on board, there remains a risk that vessels may not have a sufficient number of suitably sized lifejackets in the event of an emergency.^{footnote 2} No Canadian regulations currently address these recommended requirements. While a Ship Safety Bulletin^{footnote 3} was issued, which recommended that vessel owners carry lifejackets of a proper size for all persons on board and reminded parents of infants of the lack of carriage requirements for infant lifejackets on Canadian vessels, this was not deemed sufficient to address the TSB’s safety concern.

Marine Technical Review Board

Stakeholders with novel vessel designs or designs incorporating the latest technological advancements available to the marine industry have frequently turned to developing methods for constructing and equipping their vessels which do not adhere to certain outdated requirements in existing regulations. Each of these new approaches toward a vessel’s construction or equipment requires approval from the MTRB to deviate from the regulatory requirements currently in place. The MTRB was created under the CSA 2001 to review applications for equivalencies to safety requirements or exemptions from non-safety requirements. The MTRB determines if an applicant’s proposal will provide an equivalent level of safety to regulatory requirements. If approval is granted, the MTRB issues its decision for the alternative design or procedure to be implemented on the vessel. Outdated requirements in current regulations, which do not take into account technological advances or innovative designs, have resulted in the MTRB being overloaded with requests from vessel operators across the country. This has created a backlog of requests, which has generated a large administrative burden on TC and has created frustration for stakeholders.

Objective

The primary objective of the proposed Regulations is to produce one set of regulatory requirements that would result in the construction and equipment of large vessels (24 m or more in length) being safe for their intended purposes. Implementation of the proposed Regulations is intended to ensure that Canadian requirements for the construction and equipment of new vessels are consistent with international requirements, modern standards, and industry best practices, while minimizing the impact on vessels currently operating under the Canadian flag both domestically and internationally.

The proposed Regulations aim to

• ensure clarity, certainty and ease of reference for industry by consolidating multiple requirements in respect of the construction and equipment of vessels 24 m or more in length (excluding fishing vessels and pleasure craft) into one regulation;
• align domestic requirements with international requirements, where possible, to reduce the cost and burden on stakeholders who must currently refer to different sets of rules based on where their vessels operate;
• provide industry with increased flexibility to allow for innovation and to address known irritants within existing requirements;
• ensure that vessel construction and equipment requirements are appropriately and consistently enforced; and
• improve safety by addressing risks identified by the TSB concerning the carriage of child- and infant-sized lifejackets.

Description

The proposed Regulations would consolidate requirements found in eight existing regulations into one regulation that would simplify the regulatory framework for the construction and equipment of new vessels 24 m or more in length, while ensuring Canadian requirements for these vessels are consistent with international requirements, modern standards, and industry best practices. The proposed Regulations would also incorporate by reference SOLAS, as well as codes, resolutions, circulars and recognized organization rules.

Requirements for vessels less than 24 m in length are addressed through other regulations and as such, are not included in the proposed Regulations, except for construction requirements related to crew accommodation. While similar issues affect the construction and equipment requirements for Canadian vessels less than 24 m in length face — and the requirements are spread across multiple regulations — the requirements for these vessels are based on industry standards that differ from those for large vessels (i.e. they are not outlined in SOLAS). Due to the differences in standards and approach between small and large vessels, issues related to the construction and equipment of small vessels will be addressed in a separate regulatory project.

However, construction requirements related to crew accommodation for both small and large vessels would be included in the proposed Regulations through the incorporation of Title 3 of the international Maritime Labour Convention, 2006 (MLC 2006). This would remove overlapping requirements currently found in the MOHSR, the Crew Accommodation Regulations and the Towboat Crew Accommodation Regulations. The requirements in these regulations overlap with one another, but the majority are found in Title 3 of the MLC 2006. By incorporating this Title into the proposed Regulations and having it apply to both small and large vessels, all new vessels would be following consistent and up-to-date international requirements.

Along with consolidating applicable requirements from multiple regulations into one regulation, the proposed Regulations would also update the requirements, aligning them with international and industry standards where possible. The proposed Regulations would update requirements with respect to structural strength, stability, machinery, electrical systems, lifesaving equipment, and crew accommodations, as well as fire protection on vessels without mechanical means of propulsion.

The proposed Regulations would also ease administrative and technical burdens on both industry and government. For example, the proposed Regulations would contain “particular design” and “substitute safety equipment” clauses. These clauses already exist as part of the Small Vessel Regulations and grant flexibility to design and equipment requirements should it be determined that a vessel’s unique circumstances justify a different construction and/or equipment approach, and that approach is deemed to provide an equivalent level of safety. The inclusion of these clauses in the proposed Regulations would allow stakeholders to employ new methods to construct and equip their vessels to match their operating circumstances, without the need to apply for an MTRB decision. Instead, a determination could be made by TC personnel outside the MTRB, as long as the builder provides TC with evidence that an equivalent level of safety is met and that the novel design is aligned with the safety goals and functional requirements of the regulations. These clauses would allow for TC to issue policy decisions (i.e. a Tier 1 Policy or TP) to approve novel equipment or designs, rather than waiting for the Regulations to be amended, should TC determine that the novel equipment or design meets or exceeds safety requirements within the Regulations. This approach would help support innovation and the adoption of new technology, helping the Canadian marine industry remain competitive.

The proposed Regulations are included as part of the marine safety component of TC’s Regulatory Review Roadmap. Initiatives under this component of the roadmap aim to support the need for more clarity and flexibility in the marine legislative and regulatory frameworks and harmonization with international standards, such as the IMO, to improve innovation and investment in Canada. They are also intended to address regulatory barriers to innovation and investment, while supporting innovation and novel approaches in the transportation sector.

Amendments to existing regulations

Consequential amendments would be made to the following two existing regulations to specify that they are no longer applicable to vessels to which the proposed Regulations would apply (i.e. new vessels 24 m or more in length):

• Hull Construction Regulations; and
• Marine Machinery Regulations.

The relevant repealed requirements would be reintroduced in the proposed Regulations. These two regulations would remain in effect for vessels whose keels are lain prior to the proposed Regulations coming into force.

Consequential and/or related amendments would be made to seven other regulations to allow for requirements consistent with those of the proposed Regulations, as outlined below:

• Life Saving Equipment Regulations (LSER) — incorporate by reference the IMO’s International Life Saving Appliance (LSA) Code, resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances, along with TP 14475, Canadian Life Saving Appliance Standard. A total of 80 provisions within the existing LSER would be amended to align with SOLAS, as a result of consequential amendments. These include, for example, voyage classifications, and requirements concerning the carriage of emergency packs;
• Fishing Vessel Safety Regulations — update references to LSER provisions because of amendments to the LSER for servicing intervals of life rafts and for emergency boat and rescue boat standards and testing requirements;
• Marine Personnel Regulations — add a reference to the proposed Regulations where the LSER or the Marine Machinery Regulations are mentioned to address the new framework, and adjust an existing subsection to help ensure that should there be a separate hospital accommodation on board a vessel, it is used exclusively for medical purposes;
• Fire and Boat Drill Regulations — update definitions for rescue boat and survival craft;
• Small Vessel Regulations — update servicing intervals;
• Navigation Safety Regulations, 2020 — add a reference to a requirement in the proposed Regulations that search and rescue radar transponders be stored in an easily accessible manner on board vessels captured under the proposed Regulations, and include reference to the proposed Regulations in regards to requirements outlining the technical equipment which must be carried on board applicable vessels; and
• Load Line Regulations — amend the application of these regulations to make some requirements related to load lines that are currently in the Hull Construction Regulations applicable to certain vessels under the proposed Regulations. These include requirements surrounding which operating conditions must be met for certain provisions to apply (i.e. protection of the crew and freeing ports requirements). As the proposed Regulations would repeal the application of the Hull Construction Regulations to vessels greater than 24 m in length, these amendments are necessary to ensure these requirements would still apply to certain large vessels that meet certain conditions. These conditions include the vessel’s date of construction, area of operation, and whether it carries a person on board.

Consequential amendments would be made to two regulations under the Canada Labour Code to remove construction and equipment requirements for both large and small vessels, as these requirements would be consolidated and updated in the proposed Regulations:

• Maritime Occupational Health and Safety Regulations (MOHSR) — provisions related to construction and equipment would be repealed. A reference would be made to the proposed Regulations where applicable, and clarity would be added to confirm certain requirements regarding the limits for noise levels in work and accommodation spaces do not apply to vessels constructed before the day on which the MLC 2006 came into force in Canada; and
• Administrative Monetary Penalties (Canada Labour Code) Regulations — penalties related to the sections of the MOHSR provisions that would be repealed by the proposed Regulations would also be repealed, while minor amendments would be made to two items within the Regulations’ Division 4 of Part 2 of Schedule 1 to account for the proposed Regulations’ updated provisions.

Repeal of existing regulations

The following four existing regulations would be repealed in full. Relevant requirements would be transferred to the proposed Regulations and updated, where necessary.

1. Crew Accommodation Regulations;
2. Ships’ Elevator Regulations;
3. Steering Appliances and Equipment Regulations; and
4. Towboat Crew Accommodation Regulations.

Introduction of administrative monetary penalties

The AMPN (CSA 2001) Regulations would be amended to include a new Part in the schedule, outlining ranges of penalties for violations under the proposed Regulations. This new Part would add penalties for non-compliance with requirements, which were previously not designated. The AMP amounts for these violations would be new, with penalty ranges that take into account new maximum AMP amounts (i.e. up to $250,000) which are now permitted under paragraph 244(h) of the CSA 2001. In addition, requirements that were already designated would also have new amounts assigned to align with what is now permitted under the CSA 2001.

The penalty amounts for contraventions of the proposed Regulations were determined in accordance with TC’s Policy on Determining Ranges of Administrative Monetary Penalties for Violations under the Canada Shipping Act, 2001, which promotes an efficient, consistent, and transparent approach to determining appropriate ranges of AMPs for violations of the CSA 2001 and its regulations. This Policy provides guidance for determining an appropriate range of penalties based on the gravity of the violation and whether the relevant provision applies in respect of an individual, corporation (i.e. a person other than an individual), vessel, or a combination of the three, as well as a Gravity Classification Tool for the contravention to be classified as Minor, Medium, or Serious based on the subject matter of the relevant provision and the possible consequences of the violation. Once the gravity of the violation and applicable category of violator(s) has been determined, the assigned range of penalties that apply to that combination of gravity and category is set out in pre-established penalty ranges.

Chapters of SOLAS to be incorporated by reference

The proposed Regulations aim to modernize Canadian construction and equipment regulations by aligning with contemporary international instruments, most notably SOLAS. The proposed Regulations would incorporate by reference specific chapters of SOLAS, as amended from time to time.

In cases where the full requirements laid out in SOLAS are either too stringent for the purposes of vessels only operating domestically and closer to shore, for example, or that do not fully align with Canada’s unique operating environment, stakeholders would be provided with alternate requirements laid out in TPs or standards which would also be incorporated by reference within the proposed Regulations. In TC’s regulatory regime, TPs are publications put forward by TC to further expand upon requirements outlined in regulations. When incorporated in regulations, these documents become legal texts and their directions must be followed by applicable operators. For example, regarding damage stability requirements, a passenger vessel, which is not subject to SOLAS, would have the option of complying with the (upcoming) third edition of TP 10943: Damage Stability Standards for Non-Convention Passenger Vessels. This TP would outline requirements better suited for domestic operations, as opposed to regulations 6 to 8 of chapter II-1 of SOLAS, which are designed for vessels that operate internationally. In other cases, the requirements of SOLAS would be modified to accommodate the needs of smaller vessels or vessels operating closer to shore. The third edition of TP 10943 would be published on the day the proposed Regulations come into force.

Specifically, the proposed Regulations would incorporate by reference requirements contained within the following SOLAS chapters.

Chapter II-1 —Construction — Subdivision and stability, machinery and electrical installations

Vessels with mechanical means of propulsion would need to meet the requirements of this chapter, with a few exceptions. Cargo vessels on inland voyages would not need to follow regulations 6 to 7-3 (which set damage stability requirements). Non-SOLAS passenger vessels engaged on a sheltered waters voyage or near coastal voyage, Class 2, would not need to follow regulation 8-1 (which outlines system capabilities and operation information should a flooding casualty occur on a passenger ship), and non-SOLAS cargo vessels that are not tankers, and that are less than 500 gross tonnage, would not need to comply with regulation 9 (which outlines double bottom requirements in passenger ships and cargo ships other than tankers). These exceptions are consistent with SOLAS requirements, which are based on vessels travelling internationally.

Vessels without mechanical means of propulsion (i.e. barges) would only need to meet the requirements of regulations 3-1, 3-8, 5, and 5-1 of Chapter II-1 of SOLAS. These regulations outline structural, mechanical and electrical requirements; towing and mooring equipment requirements; and intact stability and stability information requirements. Other necessary construction and equipment requirements for vessels without mechanical means of propulsion (i.e. requirements for weather decks, the carriage of liquid and oil in bulk), which are not included in Chapter II-1 of SOLAS, would be laid out separately within the proposed Regulations.

Through the incorporation of Chapter II-1, all vessels subject to the proposed Regulations, both with and without mechanical means of propulsion, would also be required to meet the International Code on Intact Stability, 2008, along with its Canadian modifications that would be outlined in the (upcoming) second edition of TP 7301: Canadian Modifications to the International Code on Intact Stability, 2008. The second edition of TP 7301 would be published on the day the proposed Regulations come into force.

Chapter III — Life-saving appliances and arrangements

All vessels would need to comply with the requirements of this chapter, aside from regulations 8, 10, 19, 27, 30, and 37. These omitted regulations outline emergency instructions regarding training and drills, supervision, and other requirements that are not related to the construction or equipment of a vessel, and that are already captured by other existing regulations under the CSA 2001.

Through the incorporation of Chapter III, all vessels would also be required to meet the International Life-Saving Appliance (LSA) Code, along with its Canadian modifications that would be outlined in Part A of the (upcoming) second edition of TP 14475: Canadian Life-Saving Appliance Standard. The current version (first edition) of TP 14475 is being reviewed within the scope of the proposed Regulations and a second edition would be published on the day the proposed Regulations come into force.

Chapter VII — Carriage of dangerous goods (construction and equipment elements only)

All vessels that are chemical tankers would need to meet the requirements of Part B of Chapter VII of SOLAS, and all vessels that are gas carriers would need to meet the requirements of Part C of Chapter VII of SOLAS. These Parts outline construction and equipment requirements for ships carrying dangerous liquid chemicals, or liquefied gases, in bulk. The other parts of SOLAS Chapter VII fall outside the scope of the proposed Regulations, as they are not directly related to construction or equipment and are already captured by other existing regulations under the CSA 2001.

Chapter VIII — Nuclear ships

Nuclear vessels would need to meet the requirements of Chapter VIII of SOLAS. This chapter does not include technical requirements but puts in place administrative procedures to verify and confirm compliance with national requirements for the installation of nuclear reactors, which are outlined under the Nuclear Safety and Control Act.

Chapter X — Safety measures for high-speed craft

All high-speed vessels would need to meet all requirements laid out in Chapter X of SOLAS. However, certain requirements laid out in this chapter related to the International Code of Safety for High-Speed Craft, 2000 would not be incorporated. These requirements, which detail provisions related to training, emergency drills, radio communications, and necessary navigation systems, fall outside the scope of the proposed Regulations and are already captured by other existing regulations under the CSA 2001.

Chapter XII — Additional safety measures for bulk carriers (construction and equipment elements only)

All vessels designed to transport bulk cargo would need to meet the construction and equipment requirements of regulations 4, 5, 6.2, 12, and 13 of Chapter XII of SOLAS. The other parts of SOLAS Chapter XII fall outside the scope of the proposed Regulations; they are not directly related to construction or equipment and are already captured by other existing regulations under the CSA 2001.

Chapter XV — Safety measures for ships carrying industrial personnel

All cargo vessels carrying industrial personnel to work on offshore facilities would need to meet the requirements of SOLAS Chapter XV. These requirements provide mandatory minimum safety standards for ships that carry industrial personnel, as well as for the personnel themselves, addressing specific risks to marine operations within the offshore sectors, such as personnel transfer operations.

Fire protection for vessels without mechanical propulsion

The proposed Regulations would outline fire safety requirements that would need to be met by new vessels without a mechanical means of propulsion (i.e. barges). These proposed requirements are based on provisions outlined in TC’s Vessel Fire Safety Regulations, extending key safety requirements from those Regulations to vessels without mechanical means of propulsion. These include requirements for fire safety equipment (fire extinguishers, fire axes, fire pumps, etc.) to be carried in spaces of the vessel occupied by members of the crew, and for all applicable vessels to be equipped with approved smoke detectors. More stringent fire safety equipment (i.e. foam fire extinguishers, fixed fire-extinguishing systems) would need to be carried in the boiler room, cargo pump room, and every compartment containing internal combustion engines on any barges equipped with machinery.

Canadian Modifications for the Vessel Construction and Equipment Regulations

Based on a review of international instruments, TC has determined that, in some instances, the international requirements are not fully applicable in Canada’s operating environment (e.g. for domestic voyage–only vessels and for vessels navigating close to shore or in ice conditions). To address situations that are unique to Canada’s operating environment, requirements have been modified and outlined in a separate draft TP: Canadian Modifications for the Vessel Construction and Equipment Regulations (TP 15415), which has been developed as part of this regulatory initiative and would be incorporated by reference in the proposed Regulations. This draft TP highlights Canadian-specific modifications to certain requirements within incorporated chapters of SOLAS, adjusted to account for Canada’s unique operating environment. For example, TP 15415 addresses the specific requirements for large vessels that operate solely in fresh water (such as on Canada’s Great Lakes) and provides additional, context-specific requirements for vessels operating in eastern Canada’s sea ice areas.

In several cases, these Canadian modifications would be needed as the requirements in SOLAS are too stringent for vessels that only operate domestically under lower safety risk circumstances. In other cases, the draft TP 15415 builds on SOLAS by adding requirements that have been recommended by Canadian-specific organizations such as the TSB (i.e. requiring infant lifejackets to be carried on board passenger vessels) or that align with current industry best practices, such as requiring the regular maintenance and testing of immersion suits. The draft TP 15415 also contains direct references to Canadian recognized organizations for approval procedures for certain construction and equipment aspects, and supplements SOLAS by requiring documentation and safety information related to equipment maintenance or operation, or by requiring that instructions for the general public (e.g. passengers) be made available in both official languages. TP 15415 would be published on the day the proposed Regulations come into force.

Updates to additional Transport Canada Publications

Three existing TPs have also been reviewed, and applicable provisions that relate to the construction of, and equipment for, vessels that are 24 m or more in length have been identified for incorporation within the proposed Regulations. Where provisions within these existing publications were found to be out of date with contemporary practices, the TPs would be updated to ensure all incorporated text aligns with current international publications. For example, TP 7301, Stability, Subdivision and Load Line Standards, originally published in 1975, and based on the IMO’s stability requirements of the time, would now modify and supplement the International Code on Intact Stability 2008, and be renamed to reflect this change. Prior to incorporation in the proposed Regulations, this TP would be reviewed and updated to ensure its Canadian modifications are adequately captured and reflect the international standards it would be supplementing, and it does not drastically deviate from the existing regime, in order to limit the strain on industry.

TPs that are being updated for incorporation in the proposed Regulations include the following:

1. Stability, Subdivision and Load Line Standards, January 1975 (TP 7301), which would be titled Canadian Modifications to the International Code on Intact Stability, 2008;
2. Passenger Vessel Operations and Damaged Stability Standards (Non-Convention vessels), 2007 (TP 10943), which would be titled Damage Stability Standards for Non-Convention Passenger Vessels; and
3. Canadian Life-Saving Appliance Standard (TP 14475).

These TPs provide stability requirements for Safety Convention vessels, damage stability requirements for passenger vessels that are not Safety Convention vessels, and life-saving appliance requirements for manufacturers of life-saving appliances and equipment for both Safety Convention vessels and vessels that are not Safety Convention vessels, respectively.

Incorporation of additional conventions, codes and standards

In addition to SOLAS, the proposed Regulations would incorporate by reference several other conventions, codes, recognized organization rules, standards, and guidelines to outline additional construction and equipment requirements. These include requirements for certain vessel types whose unique operating conditions are not provided for, or adequately addressed, within SOLAS (e.g. offshore supply vessels, mobile offshore drilling units, special purpose vessels). These documents would either be incorporated into the proposed Regulations in their entirety, or selectively incorporated to include only relevant sections related to the construction and equipment requirements for the vessels in question. The incorporation of these instruments would formalize existing practices and would not result in any incremental impacts for marine stakeholders.

The following codes and standards, as amended from time to time, would be incorporated:

• International Code on Intact Stability, 2008;
• International Code of Safety for High-Speed Craft, 2000;
• Code of Safety for Special Purpose Ships, 2008;
• Guidelines for the Design and Construction of Offshore Supply Vessels, 2006;
• Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009;
• International Life-Saving Appliance (LSA) Code;
• International Code for Fire Safety Systems;
• International Code for Application of Fire Test Procedures;
• International Code of Safety for Ships using Gases or other Low-flashpoint Fuels;
• International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
• Code on Noise Levels on Board Ships;
• International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
• International Code of Safety for Ships Carrying Industrial Personnel (IP Code);
• Code for Elevator and escalator electrical equipment (CSA B44.1/ASME A17.5); and
• Guidelines for Formal Safety Assessment (FSA) for use in the IMO rule-making process, 2002.

MTRB requests

Decisions made by the MTRB that relate to construction and equipment have also been reviewed and assessed so that common requests from stakeholders can be addressed in the proposed Regulations. In particular, this review resulted in the modification of some natural lighting requirements in crew accommodations, which would relax a requirement to provide proper natural light in a space if it is impracticable to do so (e.g. on smaller vessels) and would allow for adequate electric light to be used as a replacement. Furthermore, carriage requirements for life-saving appliances on smaller vessels navigating close to shore would be relaxed to allow these vessels to carry liferafts instead of lifeboats.

Requirements for grandfathered vessels

The proposed Regulations contain grandfathering provisions that would allow most grandfathered vessels (i.e. constructed before the coming-into-force date of the new requirements) to continue to comply with the requirements that were in place when they were constructed, with some notable exceptions. Certain vessels, including those being imported into Canada and those which undergo major alterations or modifications that substantially alter their dimensions or increase their service life, would be required to be brought up to compliance with the proposed Regulations. Furthermore, if a vessel’s parts undergo repairs, alterations, or modifications that substantially alter its dimensions or its passenger accommodation spaces, or substantially increases its service life, or if these parts of the vessel are replaced after the coming into force of the proposed Regulations, they would need to meet the requirements of the proposed Regulations.

In the case of grandfathered passenger vessels, additional requirements for lifejackets would be necessary for vessels operating after sunset and before sunrise. These vessels would be required to have a minimum of 20%, 40%, 60% and 80% of their lifejackets fitted with a personal locator light in the first, second, third and fourth year, respectively, after the day on which the proposed Regulations are registered. In the fifth year after the registration of the proposed Regulations, all lifejackets would need to be fitted with a personal locator light. The lights may be installed on a vessel’s existing lifejacket supply, provided the lifejackets are type approved (i.e. a recognized organization has certified that the lifejackets meet all applicable requirements), so a full replacement of a company’s lifejacket inventory would not be required.

In response to a 2017 investigation report by the TSB concerning the grounding and subsequent flooding of the passenger vessel the Island Queen III, regulations 7.2.1 and 7.2.2 of Chapter III of SOLAS — including the Canadian modifications — would apply to grandfathered vessels. These provisions address additional lifejacket carriage requirements for passenger vessels. While SOLAS requires passenger vessels to carry a certain percentage of infant lifejackets and lifejackets suitable for children relative to passengers on board (i.e. a number of infant lifejackets equal to at least 2.5% of passengers on voyages less than 24 hours and a number of lifejackets suitable for children equal to at least 10% of the number of passengers on board), the Canadian modification would require all impacted vessels to carry a lifejacket of an appropriate size for each person on board. In addition, whereas SOLAS requires all lifejackets be stored in a location that is readily accessible and plainly indicated, the Canadian modifications would provide additional details as to how lifejackets must be stored, requiring different sized lifejackets to be stored separate from one another in clearly marked, proportionally distributed locations. Further, the Canadian modifications would require that infant lifejackets be stored in a location and manner that is readily accessible for passengers with infants, apart from the general lifejacket supply. These requirements would apply to all passenger vessels of 24 m or more in length one year following the registration of the proposed Regulations. TC is developing similar requirements for vessels under 24 m that will be introduced in a separate regulatory proposal.

In addition, any grandfathered domestic vessel equipped with survival craft or rescue boat on-load release mechanisms that are not designed with appropriate hook stability, locking devices, and hydrostatic interlocks that comply with the requirements of paragraphs 4.4.7.6.4 to 4.4.7.6.6 of the LSA Code would need to replace the equipment with equipment that complies with the LSA Code, no later than the first anniversary of the proposed Regulations’ registration date. This is intended to help ensure these pieces of equipment are compliant with the latest safety standards put forward internationally, to further prevent possible safety incidents when the craft are deployed.

Regulatory development

Consultation

Canadian Marine Advisory Council

Regular consultations about the proposed amendments, including the plan to consolidate existing requirements into one regulation, have been held through biannual national and regional meetings of the Canadian Marine Advisory Council (CMAC) since 2011. CMAC meetings are coordinated and chaired by senior members of TC and are attended by a multitude of stakeholders and other interested parties that have a recognized interest in shipping, navigation, and pollution matters.

At the fall 2019 CMAC meeting, stakeholders were presented with a detailed discussion document outlining the proposed regulatory content, as well as a draft version of TP 15415, for review and comment. No concerns were raised and no comments were received. A follow-up presentation was given at the spring 2020 CMAC meeting, which reiterated the key points of the regulatory proposal and answered questions from stakeholders following their review of the draft materials. Updated versions of both documents were again circulated to stakeholders following this meeting, with no comments received.

At the fall 2020 CMAC meeting, TC also provided an overview of updated TPs and standards, along with specific details as to which vessels would be affected. TC also explained how specific elements of the regulatory proposal would deviate from international standards. Questions and comments from stakeholders during this session were focused on getting additional clarity as to which existing TPs would remain in effect and which would be repealed; how the criteria for manned versus unmanned barges were determined; and how long stakeholders would be given to comment on the proposed Regulations during the prepublication phase.

At the spring 2021 CMAC meeting, a draft of the proposed Regulations was presented. Key changes that had been incorporated in TP 15415 since the fall 2020 CMAC meeting were highlighted and explained. Further, a draft of TP 14475: Canadian Life Saving Appliance Standard was presented. Following the meeting, consultation drafts of the proposed Regulations, TP 15415, TP 7301 and TP 10943 were circulated to stakeholders for review and comments. TC received comments from five stakeholders. The majority of these comments were technical in nature. Stakeholders requested clarity about which standards would be fully or partially incorporated in the proposed Regulations, as well as further details surrounding the application of provisions for vessels already in service or which undergo modifications of various scales (i.e. would certain modifications to a vessel have to comply with the proposed Regulations as opposed to the requirements in force at the time of the vessel’s construction). In addition to requests for clarification, stakeholders asked for slight modifications to the TPs, notably TP 15415, to enhance clarity surrounding the application of certain requirements. In response to the comments received on the TPs, TC made some slight modifications for clarity to TP 15415 and other TPs that would be incorporated by reference into the proposed Regulations. Responses to the questions raised by stakeholders following the CMAC meeting were circulated to stakeholders in a response document, which is also publicly available upon request.

Discussions at CMAC meetings have demonstrated that stakeholders do not have substantive policy concerns about the proposed Regulations. Further, stakeholders have repeatedly expressed support for the proposed changes, with many explicitly stating that they are looking forward to the proposed Regulations coming into effect as soon as possible, as the existing gaps between international and domestic requirements are a continued source of frustration for many in the marine industry.

Targeted consultation sessions

In addition to regular CMAC meetings, targeted virtual consultations were held in fall 2018 with representatives from the passenger and ferry sectors (members of the Canadian Ferry Association, and of the Passenger and Commercial Vessel Association) to discuss the potential impacts the proposed Regulations could have on their industry. Aside from requesting clarification around the anticipated coming-into-force dates of certain requirements, particularly those calling for existing vessels to adhere to new lifejacket carriage requirements, attendees of these sessions were supportive of the regulatory proposal and did not raise any additional concerns.

Online publication of TPs

Alongside the prepublication in the Canada Gazette, Part I, the four TPs incorporated by reference in the proposed Regulations are available for stakeholder review and feedback on TC’s consultation web page. This page provides a general overview of the proposed Regulations, with targeted questions focused on details within the TPs specifically, to solicit public feedback on key details. This page is available for public review and comment for the full 60 days during which the proposed Regulations are available for comment following prepublication in the Canada Gazette, Part I.

Engagement with Natural Resources Canada

Ongoing engagement has taken place between TC and Natural Resources Canada (NRCan), consistent with a memorandum of understanding (MoU) signed in 2008 between the two departments. The MoU established a modus operandi between TC and NRCan for working together in instances where regulations touch on vessels involved in oil and gas explorations.

TC has worked closely with NRCan colleagues to develop language for the proposed Regulations in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas.

Engagement with Employment and Social Development Canada

Ongoing engagement has also taken place between TC and Employment and Social Development Canada (ESDC), as the proposed Regulations would make consequential amendments to the MOHSR, which are jointly administered by the Minister of Transport and the Minister of Labour. Changes to the MOHSR would also bring about consequential amendments to Schedule I of the AMP (CLC) Regulations.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the proposed Regulations are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the regulatory proposal in relation to modern treaties in effect and, after examination, no implications or impacts on modern treaties were identified.

Instrument choice

Requirements and standards for vessel construction and equipment, many of which are established by international bodies, are critical for the safe and effective operation of marine vessels and for the protection of the environment. To ensure that such requirements and standards are followed and enforceable in Canada, they must be set in regulations.

Subsection 120(1) of the CSA 2001 gives the Governor in Council authority, on the recommendation of the Minister of Transport, to make regulations respecting the safety of vessels. As the proposed Regulations seek to consolidate and update the requirements of multiple existing regulations and standards into one regulation, regulatory amendments were determined to be the most appropriate approach. No non-regulatory options were considered.

In order to align with international standards, remain consistent with these standards when they are updated, and avoid unnecessary duplication between international and domestic requirements, the proposed Regulations would rely on incorporation by reference for various standards, codes, and conventions, most notably SOLAS. Canada is an active participant in multiple working groups at the IMO, playing a leading role in the development of new, and updates to existing requirements in the documents that would be incorporated by reference.

Further, the proposed Regulations would require authorized representatives to adhere to, where applicable, requirements in TP 15415. By incorporating Canadian specific requirements in this TP, alongside applicable chapters of SOLAS, when these chapters receive updates at the IMO, TC would be in a position to quickly clarify Canadian requirements within TP 15415, should the updates not fully align with Canada’s operating environment. As updates to the TP can be made in a more timely manner than updates to the regulatory text, this approach would allow TC to provide necessary clarity to industry faster when amendments are adopted internationally.

By consolidating requirements spread across multiple regulations and standards into one set of regulatory requirements, the proposed Regulations would ease the burden on stakeholders who are currently required to consult multiple, disparate regulations when constructing a vessel 24 m or more in length for operation in Canada. The proposed Regulations would ensure clarity and certainty about the shipbuilding process for Canadian stakeholders, as they would blend the domestic and international regulatory frameworks and therefore would streamline the design and construction processes.

Regulatory analysis

The proposed Regulations would simplify the regulatory framework for the construction and equipment of new vessels (i.e. built on or after the coming into force of the proposed Regulations) of 24 m or more in length by consolidating requirements under various existing regulations and TPs into one regulation. In addition, the proposed Regulations would be aligned with international requirements through the incorporation by reference of key international standards and codes, including their relevant modifications to suit the Canadian context, while also formalizing pertinent guidance published by TC. While the proposed Regulations would not impose additional costs on industry associated with international standards and codes, vessel owners would carry additional costs as a result of the fire safety protection requirements for newly built vessels without mechanical means of propulsion (e.g. barges).

Likewise, owners of some existing vessels would bear incremental costs, as they would be required to update on-load release mechanisms to comply with the LSA Code, to improve the safety of passengers by carrying infant-sized lifejackets, and to fit lifejackets with a personal locator light on passenger vessels operating after sunset and before sunrise.

The proposed Regulations would allow stakeholders to employ new methods to construct and equip their vessels to match their individual operating circumstances, without the need to apply for an MTRB decision. The regulatory proposal is, therefore, expected to reduce administrative burden on stakeholders and the Government of Canada related to such applications.

The proposed Regulations are expected to generate cost savings of a total of $1.56 million (present value in 2021 Canadian dollars, discounted to the year 2022 with a 7% discount rate) between 2023 and 2032, of which $50,760 would be realized by vessel owners and $1.51 million by the Government of Canada. During the same period, some vessel owners are also expected to bear a total cost $2.74 million. This would result in a net cost of $1.18 million from 2023 to 2031. It should be noted that several of the benefits of the proposal, such as efficiency gains for stakeholders, as well as safety and compliance benefits, could not be monetized. Despite the net monetized cost, TC believes that the overall benefits of the regulatory proposal would outweigh the monetized costs.

Analytical framework

The costs and benefits for the proposed Regulations have been assessed in accordance with the Treasury Board Secretariat (TBS) Policy on Cost-Benefit Analysis. Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

Benefits and costs associated with the proposed Regulations are assessed based on comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the proposed Regulations. The regulatory scenario provides information on the intended outcomes because of the proposed Regulations. Details of these scenarios are further described below.

Unless otherwise noted, benefits and costs are expressed in present value using 2021 constant Canadian dollars, discounted to the year 2022 with a 7% discount rate, for the period from 2023 to 2032, with the year 2023 being when the proposed Regulations are expected to be registered.

Affected stakeholders

The proposed Regulations would impact vessel owners and stakeholders responsible for constructing and equipping vessels that are 24 m or more in length built on or after the coming into force of the proposed Regulations (i.e. newly built vessels). While owners of most vessels built before the coming into force of the proposed Regulations (i.e. existing vessels) would be permitted to abide by the regulations in place at the time of their vessels’ construction, some of them would be affected by certain proposed requirements. Also, owners of vessels imported into Canada may be affected if such vessels would need to undergo alterations or modifications to comply with the proposed Regulations.

The population of affected owners of existing vessels could not be precisely evaluated, as data administered by TC only allowed TC subject matter experts to estimate the number of impacted existing vessels (see paragraphs below). Therefore, for the purpose of this analysis it is assumed that each vessel is owned/operated by a different owner/operator, although that may not actually be the case.

The proposed Regulations would particularly affect owners/operators of existing passenger vessels that are 24 m or more in length, which would be required to carry infant-sized lifejackets. Additionally, all lifejackets on board such vessels operating after sunset and before sunrise would need to be fitted with personal locator lights. Using TC’s Vessel Registration Query System (VRQS) and subject matter experts’ analysis, approximately 240 passenger vessels (and therefore vessel owners/operators) with a total combined passenger capacity of around 71 144 — including cable ferries, ferry vessels, passenger ships, and roll on-roll off passenger vessels (ro-ro) — would be affected by these proposed requirements. Details are presented in Table 1 below.

Table 1: Affected passenger vessels and their passenger capacity (maximum onboard passengers)

Vessel type	Affected passenger vessels — All types of operation		Affected passenger vessels — Operating after sunset and before sunrise
	Number of vessels	Passenger capacity	Number of vessels	Passenger capacity
Cable ferry	21	1 508	15	1 136
Ferry vessel	70	24 789	38	12 984
Passenger vessel	145	42 394	91	30 214
Ro-ro passenger vessel	4	2 453	3	1 854
Total	240	71 144	147	46 188

According to data captured in TC’s VRQS, the Canadian passenger vessel fleet subject to the proposed Regulations has been stable over the past 10 years. On average, vessels being registered balance out vessels being removed from the registry. In the last 10 years, 23 passenger vessels of 24 m or more in length with a total passenger capacity of 6 915 have been registered. For the purpose of this analysis, it is assumed that an additional 23 passenger vessels with a passenger capacity of 6 915 would be registered as new vessels in the analytical time frame (i.e. 2023–2032).

Based on TC’s inspection program information, it is estimated that 41 existing vessels equipped with on-load release mechanisms are not compliant with the LSA Code; therefore, their owners would have to upgrade the on-load release mechanisms as required by the proposed Regulations.

Baseline scenario

Under the baseline scenario, existing construction and equipment requirements for new vessels that are 24 m or more in length would remain spread across multiple existing regulations and TPs that were made under the previous (now repealed) Canada Shipping Act and would not take into consideration updated international requirements, modern standards, or industry best practices. As a result, vessel owners would need to continue to navigate through these existing regulations, Ship Safety Bulletins, and TPs to comply with vessel construction and equipment requirements.

Issues identified by the TSB would not be addressed on existing vessels and safety concerns would remain in respect of infant-sized lifejacket requirements and lifejackets not being fitted with personal locator lights. However, no additional cost would be incurred by existing vessel owners with on-load release mechanisms that are out of date with the LSA Code as they are not required to upgrade such mechanisms.

Finally, vessel owners would continue to request regulatory exemptions to use alternative designs or procedures to build new vessels. As such, TC would still need to approve — through MTRB decisions — these common exemption requests. These requests would remain as irritants and continue to require extensive resources on the part of TC.

Regulatory scenario

Under the regulatory scenario, the proposed Regulations would consolidate construction and equipment requirements for large vessels (24 m or more in length) included in multiple existing regulations, TPs, standards, and codes into one regulation. Vessel builders and owners would then be able to follow a clear and coherent set of regulatory requirements to construct and equip new vessels. It is assumed that the majority of these new requirements would not significantly affect the industry as they are, in most cases, requirements/standards that are already in place for building/equipping new vessels in Canada, or that industry is opting to comply with under the baseline scenario. However, some vessel owners would incur additional costs associated with the new fire safety protection requirements on new vessels without mechanical means of propulsion.

In addition, to ensure that key safety measures apply to all large vessels (24 m or more in length), existing vessels would be required to comply with certain new requirements, such as availability of infant-sized lifejackets on board, lifejacket light locators, and the retrofitting of on-load release mechanisms.

The introduction of up-to-date standards and codes in the proposed Regulations would result in a reduction of future efforts by vessel builders to require exemptions and from the MTRB to review and approve exemption requests.

Finally, the regulatory proposal would amend the AMPN (CSA 2001) Regulations by adding a new Part to the Schedule that would consolidate AMPs prescribed in various existing regulations and outline new ranges of penalties for non-compliance and violations associated with requirements for vessel construction and equipment. The penalty amounts and ranges for some violations, which either do not currently have assigned AMP amounts or whose amounts are not aligned with new penalty ranges under the CSA 2001, would increase, resulting in vessel owners facing higher penalties for non-compliance with certain construction and equipment requirements.

Benefits and costs

It is expected that the proposed Regulations would reduce costs to industry and the Government of Canada as there would no longer be a need to request and review/approve as many MTRB exemptions. The total monetized benefit would be $1.56 million, $50,760 of which would be realized by industry, and $1.51 million by the Government.

The proposed Regulations would also impose additional costs to some vessel owners. It is estimated that the total cost would be approximately $2.74 million. As a result, the net monetized cost would be $1.18 million.

Vessels imported into Canada must comply with Canadian requirements before being registered in Canada. It is assumed that the majority of the proposed requirements would not significantly affect the requirements to register the vessel in Canada. In cases where vessels need to be retrofitted to comply with new requirements prescribed in the proposed Regulations, owners of these vessels would either realize cost savings as it would likely be more costly to comply with the existing outdated Canadian regulatory framework, or bear additional costs to ensure that key safety measures that would apply to all large vessels (24 m or more in length), such as availability of infant-sized lifejackets on board, lifejacket light locators, and the retrofitting of on-load release mechanisms, are met. However, due to lack of information, these impacts are not assessed quantitatively in this analysis.

Benefits

The proposed Regulations would facilitate compliance by helping the regulated industry locate and interpret regulatory requirements more easily and clearly. Benefits associated with consolidating requirements from various existing regulations into one regulation are discussed qualitatively.

In addition, the proposed Regulations would enhance the safety of crew members and Canadian passengers on board affected vessels by requiring that existing and new vessels meet safety requirements around lifejackets and lifejacket lights, the retrofitting of on-load release mechanisms, and fire safety protection equipment.

The proposed Regulations would also address common requests for exemption by stakeholders to the construction and equipment of their new vessels. The increased flexibility of the proposed Regulations would generate monetized benefits in reducing the number of MTRB decisions. By combining the qualitative and the monetized benefits, it is expected that the overall benefits would outweigh the monetized costs of the proposed Regulations.

Qualitative benefits

Efficiency benefits

Consolidating multiple requirements with respect to the construction and equipment of vessels 24 m or more in length from various existing regulations into one would ensure clarity, certainty, and ease of reference, and therefore facilitate compliance. Also, stakeholders would be spending less time on consulting multiple regulations to sort out construction and equipment requirements.

Moreover, the proposed Regulations would update domestic requirements with modern standards, industry best practices, align with the international direction, and would include specific provisions for unique Canadian operations. Such alignment would benefit stakeholders by reducing confusion and inconsistency and removing obstacles for compliance. In addition, the enhanced consistency in application would level the playing field to improve the effectiveness of the enforcement program at TC.

Safety benefits

The proposed Regulations would improve passengers’ safety by addressing risks identified by the TSB concerning the carriage of infant-sized lifejackets as all impacted vessels would be required to be equipped with a lifejacket of an appropriate size for each person on board, which would protect each passenger more adequately. In addition, the requirement of adding a light locator on lifejackets on vessels carrying passengers after sunset and before sunrise would improve the efficiency of search and rescue operations in case of an emergency at night, which would reduce the risk of fatalities and save resources for rescue activities.

Also, safety risks would be mitigated by the retrofitting of on-load release mechanisms to specific vessels following the most recent LSA Code requirements. This would represent important safety improvements as it would enhance the hook stability, the locking mechanisms, and the overall operation safety; therefore, it would reduce the likelihood of incidents involving the use of on-load release mechanisms.

Introducing fire safety protection on board new vessels without mechanical propulsion would close a gap that currently exists as Canadian barges are currently not subject to fire safety requirements, which represents a significant safety concern. This gap was created due to a change in policy after the drafting of the Vessel Fire Safety Regulations, which repealed the Fire Detection and Extinguishing Equipment Regulations, where the fire safety requirements for barges were previously captured. These fire safety requirements would help prevent fires on vessels and reduce the risk to life at sea caused by fire.

Compliance benefits

It is anticipated that due to the potential risk associated with receiving a higher monetary penalty, violators would be incentivized to comply with the proposed Regulations. Canadians would benefit from an incremental reduction of violations.

Monetized benefits

Decrease in MTRB requests and decisions

Since the proposed Regulations would allow for multiple common methods of constructing and equipping new vessels, which are often requested by vessel builders and owners through applications for exemptions from the MTRB, such requests would no longer be required. As a result, the MTRB would not need to review these requests, nor would the vessel builders or owners have to prepare and submit these requests for MTRB review and approval.

Based on MTRB’s decisions related to specific clauses in the proposed Regulations over the past five years, it is expected that, between 2023 and 2032, 328 fewer requests would be submitted to the MTRB for review and decision.

It is assumed that, on average, an employee occupying a management-level position would need half a day (4 hours) to prepare, complete and submit the requested documentation to the MTRB. Using the wage rate per hour of $55.83^{footnote 4} (a 25% overhead rate is included), it is estimated that vessel builders or owners would realize total cost savings of $50,760 in reduced administrative burden.

The average cost of an MTRB review is about $6,637, which takes into account the different amount of time required depending on job classifications. Therefore, the total cost savings to the Government are estimated to be approximately $1.51 million.

In total, the cost savings associated with the proposed Regulations were estimated to be $1.56 million.

Costs

The incorporation of key international obligations and the formalization of requirements, standards, and codes^{footnote 5} on new vessels means some vessel owners would assume additional costs as a result of these four proposed requirements: carriage of infant-sized lifejackets, fitting of lifejacket lights, retrofitting of on-load release mechanisms, and fire safety protection. The requirement to carry an appropriate number of child-sized lifejackets would also be applied to grandfathered passenger vessels, but as these vessels are already in compliance with this requirement, it has not been included in estimated costs for industry. The total cost associated with the proposed Regulations was estimated at $2.74 million.

Infant lifejackets and lifejacket personal locator lights

Infant lifejackets

The proposed Regulations would require a minimum number of infant-sized lifejackets, which would be equivalent to an additional 2% of the vessel’s passenger capacity (see Table 1), be carried on board all passenger vessels (existing and new vessels). Due to a lack of information, it is not clear to what degree these passenger vessels already carry infant lifejackets on board. Therefore, this analysis used a conservative approach by assuming that no passenger vessels (existing and new) carry such lifejackets on board under the baseline scenario.

It is estimated that a total of 1 562 infant-sized lifejackets would be required, 1 423 of which would be equipped on board 240 existing passenger vessels (by the first anniversary of the registration date of the proposed Regulations), and 139 on board the 23 newly registered passenger vessels projected to enter into service across the analytical time frame. Given that an infant-sized lifejacket would cost $50, it is estimated that the total cost of purchasing infant-sized jackets would be $66,800.

Lifejacket with a personal locator light

Additionally, the proposed Regulations would require passenger vessels (existing and new) that operate after sunset and before sunrise to have lifejackets fitted with a personal locator light. This requirement would affect 147 existing passenger vessels with a total of 46 188 passenger capacity (see Table 1) and 14 projected newly registered passenger vessels with a capacity of 4 236 on-board passengers. Using the same approach outlined above, it is assumed that no passenger vessels have had such lifejackets fitted with a light on board under the baseline scenario. It is estimated that 55 466 lifejackets, including 50 424 adult-sized and 5 042 child-sized,^{footnote 6} would need to be retrofitted to include a light, following a phase-in approach with a five-year period once the proposed Regulations are registered.^{footnote 7}

The cost of retrofit per an adult-sized and child-sized lifejacket is expected to be $25. Further, these lights have a lifespan of five years, and therefore would need to be replaced every five years with the same cost. Similarly, 1 009 infant-sized lifejackets (2% of the passenger capacity of 50 424) would need to be fitted with a personal locator light at a cost of $25 per lifejacket, for a lifetime of five years.^{footnote 8} Therefore, the total cost of fitting a personal locator light on lifejackets was estimated to be $1.69 million.

In total, the costs associated with infant-sized lifejacket and lifejacket personal locator lights are estimated to be $1.75 million.

On-load release mechanisms

Certain existing passenger vessels, as well as any existing domestic vessels equipped with on-load release mechanisms that are not compliant with the LSA Code, would need to retrofit their on-load release mechanisms. It is estimated that 41 vessels would be affected, with each vessel assuming an estimated cost of $20,000. This would be required no later than the first anniversary of the registration of the proposed Regulations and would cost the industry $716,000.

Fire safety protection

New requirements for fire safety protection would only apply to newly built vessels without mechanical means of propulsion (e.g. barges). Vessels that can accommodate persons to stay overnight must carry fire safety equipment (fire extinguishers, fire axes, fire pumps, etc.) in spaces of the vessel occupied by crew members and be equipped with approved smoke detectors. The cost — at the building stage — would vary depending on the vessel design (e.g. by the number of cabins, corridors, stairways, machinery, kitchen). It is estimated that, on average, an additional cost of $3,600^{footnote 9} would be added to equip a new barge with the proper smoke/fire detector system.

More stringent fire safety equipment (i.e. foam fire extinguishers, fixed fire-extinguishing systems) would need to be carried in the boiler room, cargo pump room, and every compartment containing internal combustion engines on any barges equipped with machinery. The requirement to have a fixed fire-extinguisher system would add, on average, an estimated cost of $37,990.

Using TC’s vessel registration records from the last 10 years, it is projected that, over the analytical time frame, 10 new vessels without mechanical means of propulsion would be impacted by the requirements to have fire extinguishing equipment, and 2 new vessels that can accommodate persons overnight would be impacted by the requirement to install smoke/fire/heat detectors over the analytical time frame.

Costs associated with these fire safety requirements were estimated to be $272,000.

Cost-benefit statement

• Number of years: 10 years, from 2023 to 2032
• Base year for costing: 2021
• Present value base year: 2022
• Discount rate: 7%

All values in the cost-benefit statement tables below are presented as undiscounted values except for the values in the columns “Total (present value)” and “Annualized value,” which are discounted values.

Table 2: Monetized costs

Impacted stakeholder	Description of cost	Base year (2023)	Other relevant year (2024)	Final year (2032)	Total (present value)	Annualized value
Vessel owners	Lifejacket requirements	$0	$343,758	$285,788	$1,751,804	$249,417
	On-load release mechanisms	$0	$820,000	$0	$716,220	$101,974
	Fire safety protection	$37,993	$41,654	$37,993	$272,321	$38,772
All stakeholders	Total costs	$37,993	$1,205,412	$323,781	$2,740,344	$390,163

Table 3: Monetized benefits

Impacted stakeholder	Description of benefit	Base year (2023)	Other relevant year (2024)	Final year (2032)	Total (present value)	Annualized value
Vessel owners	Administrative cost savings	$6,610	$6,766	$8,016	$50,756	$7,226
Government of Canada	MTRB cost saving	$196,455	$201,101	$238,268	$1,508,583	$214,788
All stakeholders	Total benefits	$203,065	$207,867	$246,285	$1,559,339	$222,015

Table 4: Summary of monetized costs and benefits

Impacts	Base year (2023)	Other relevant year (2024)	Final year (2032)	Total (present value)	Annualized value
Total costs	$37,993	$1,205,412	$323,781	$2,740,344	$390,163
Total benefits	$203,065	$207,867	$246,285	$1,559,339	$222,015
Net cost impact	−$165,072	$997,544	$77,496	$1,181,006	$168,149

Small business lens

Analysis under the small business lens concluded that the proposed Regulations would impact small businesses.

It is expected that certain small businesses owning passenger vessels would carry additional costs associated with the proposed requirements to carry infant lifejackets and/or light locators, which would generate an increase in compliance costs, while some others would save administrative burden costs, as they would no longer need to request exemptions from the MTRB.

TC does not expect that small businesses would be affected by the requirements of retrofitting on-load release mechanisms or the inclusion of fire safety protection, as affected vessels are normally owned or operated by medium- or large-sized businesses.

As previously explained, this analysis did not identify affected businesses with precision, including affected small businesses, due to limited information. However, small businesses could expect the following impacts:

• the proposed Regulations would remove administrative burden on some vessel owners, as they would no longer need to request exemptions from the MTRB. The expected cost savings per request would be about $155;^{footnote 10} and
• the proposed Regulations would impose additional costs on vessel owners if they need to comply with requirements to carry lifejackets and lifejacket lights. The expected cost is $10,400^{footnote 11} per vessel.

No consideration has been given to making this regulatory proposal less burdensome to small businesses. The proposed Regulations would improve safety by addressing risks identified by the TSB, which would apply equally to all impacted stakeholders. The regulatory proposal would also ensure consistency in the application of requirements to vessels irrespective of the operator or size of the vessel. Therefore, no flexibilities have been provided to small businesses. Still, small business operators would, in general, assume less expense with respect to life-saving requirements than larger operators due to the smaller scale of their operations.

One-for-one rule

The one-for-one rule applies, as the regulatory proposal would result in an incremental change in administrative burden on business. In addition, one new regulatory title (in) would be introduced, and four existing regulatory titles would be repealed (out).

The proposed Regulations would reduce administrative burden costs on business. Multiple vessel owners would no longer need to request exemptions from the MTRB so that they could adopt practices that are not allowed in various existing regulations to meet their unique operational needs. Using assumptions and data previously presented, and the methodology developed in the Red Tape Reduction Regulations, it is estimated that the proposed Regulations would reduce annualized administrative costs by $2,995 for all affected businesses (present value in 2012 Canadian dollars, 7% discount rate, base year of discounting in 2012), or $9.01 per business for the 10-year period between 2023 and 2032.

The proposed Regulations would also repeal four existing regulations, namely the Crew Accommodation Regulations, the Ships’ Elevator Regulations, the Steering Appliances and Equipment Regulations, and the Towboat Crew Accommodation Regulations, and would replace them with the new Vessel Construction and Equipment Regulations. As a result, a net of three titles “out” is counted under the rule.

Regulatory cooperation and alignment

These proposed Regulations are not related to a work plan or commitment under a formal regulatory cooperation forum.

The proposed Regulations aim to complement the approach toward large vessel construction and equipment requirements followed by maritime nations, by adhering to contemporary international standards that are well understood and used widely around the world. The proposed Regulations would incorporate by reference existing international conventions as well as codes, resolutions, and recognized organization rules. This approach would enable Canada to adopt and ratify future amendments to international conventions such as SOLAS in a timelier manner.

To account for specific circumstances and operating environments unique to Canadian operators, Canadian-specific adjustments have been made to modify certain incorporated SOLAS regulations. Therefore, in instances where international requirements have been found to be not fully appropriate in Canada, these requirements have been modified and outlined in TP 15415. This TP has been developed as part of this regulatory initiative and would be incorporated by reference in the proposed Regulations.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The proposed Regulations are not expected to have any disproportionate impacts on the basis of identity factors such as race, gender, language, or sexuality.

It should be noted that women are significantly under-represented in the maritime workforce/industry. Therefore, the proposed Regulations are expected to directly impact more men than women. However, the proposed Regulations are not expected to reinforce or exacerbate the existing disparity in the industry, as the requirements relate only to consolidating and updating construction and equipment requirements for large marine vessels.

Implementation, compliance and enforcement, and service standards

Implementation

The coming-into-force date of the proposed Regulations would be on the day on which they are published in the Canada Gazette, Part II, with the exception of the requirements outlined below.

In the case of existing (i.e. grandfathered) passenger vessels operating after sunset and before sunrise, the requirement to fit their lifejackets with personal locator lights must be applied to a minimum of 20%, 40%, 60% and 80% of their lifejackets in the first, second, third and fourth year, respectively, after the day on which the proposed Regulations are published.

Requirements regarding vessels carrying an appropriately sized lifejacket for all passengers and stowing them in an easily marked and accessible manner, particularly for passengers with infants, must be implemented within one year of the day on which the proposed Regulations are published.

As fire protection requirements for vessels without mechanical means of propulsion (i.e. barges) would apply only to new vessels, these requirements would enter into force on the day on which the proposed Regulations are published in Part II of the Canada Gazette. Therefore, any builder constructing a barge that does not meet the threshold to be eligible for grandfathering (i.e. its keel has been laid) would need to comply with the fire protection requirements of the proposed Regulations, immediately following their publication.

All TPs that would be incorporated by reference into the proposed Regulations would be monitored on an ongoing basis to ensure they continue to meet all necessary operational requirements, as well as remain clear and consistent in their intent and application. Should updates be made to the international codes and conventions incorporated into the proposed Regulations that these TPs modify and supplement, TC would utilize its technical review function to determine if the amendment can be incorporated as written, or if the incorporated TPs also require updates to supplement the amendment to meet the Canadian context. As Canada is an active participant at the IMO, TC is well placed to review and monitor upcoming amendments to determine, before they come into force, if updates to incorporated TPs would be required. Any updates to incorporated TPs would be communicated to stakeholders on a regular basis, through biannual CMAC meetings, as well as through the CMAC email distribution list, as required. All TPs incorporated in the proposed Regulations would also be made publicly available, on TC web pages, in both official languages. In the event a modified TP is incorporated statically in the proposed Regulations, the updates would need to be brought into force through an update to the proposed Regulations themselves. In such an event, a full regulatory amendment process would take place, which would include advance notice to stakeholders concerning the justification and scope of the change, as well as opportunities to comment prior to the amendment entering into force.

Compliance and enforcement

As part of the proposed Regulations’ consequential and related amendments, the AMPN (CSA 2001) Regulations would be amended to include a new Part in the schedule, outlining ranges of penalties for non-compliance and violations under the proposed Regulations. This new Part would add penalties associated with the obligations under the proposed Regulations. The AMP amounts for these violations would take into account new maximum AMP amounts which are now permitted under recent amendments to paragraph 244(h) of the CSA 2001. Schedule I of the AMP (CLC) Regulations would be amended to align with the changes made to the MOHSR by the proposed Regulations.

Under both the AMPN (CSA 2001) Regulations and the AMP (CLC) Regulations, an inspector has the authority to issue a warning, a deficiency notice, an AMP, or to detain the vessel. The enforcement tool used by the inspector is determined based on the gravity of the offence. A new training module would be added to the existing, regularly offered TC Marine Safety Inspector training sessions. This would not require any additional costs incurred by TC, as revisions to training materials are part of the ongoing, regular work of departmental officials.

Recognized organizations have been delegated authority by TC to conduct regular inspections to ensure compliance with all relevant requirements. TC would also carry out periodical inspections for vessels that are not delegated to these recognized organizations and carry out risk-based monitoring on vessels that are. In any cases of non-compliance, enforcement of the proposed Regulations would be carried out by TC Marine Safety Inspectors.

Contact

Manager
Vessel Construction and Equipment Regulations
Marine Safety and Security
Transport Canada
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, under sections 157^{footnote a} and 270^{footnote b} of the Canada Labour Code ^{footnote c}, paragraph 35(1)(d), subsection 35.1(1)^{footnote d}, paragraph 100(l), subsections 120(1)^{footnote e} and (2), section 190^{footnote f} and paragraphs 244(f)^{footnote g} and (h)^{footnote h} of the Canada Shipping Act, 2001 ^{footnote i} and section 12 of the Arctic Waters Pollution Prevention Act ^{footnote j}, proposes to make the annexed Vessel Construction and Equipment Regulations.

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must be submitted online on the Canada Gazette, Part I, or, if submitted by email, post or other format, must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Manager, Legislative, Regulatory and International Affairs, Vessel Construction and Equipment Regulations, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5 (email: MSSRegulations-ReglementsSSM@tc.gc.ca).

Ottawa, October 20, 2022

Wendy Nixon
Assistant Clerk of the Privy Council

Vessel Construction and Equipment Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

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

means the Canada Shipping Act, 2001. (Loi)

cargo vessel

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

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

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

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

IMO

means the International Maritime Organization. (OMI)

length,

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

Minister

means the Minister of Transport. (ministre)

MLC 2006

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

passenger vessel

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

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

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)

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

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

TP 15415

means the document entitled Canadian Modifications for the Vessel Construction and Equipment Regulations, published by the Department of Transport on [date of publication of finalized document]. (TP 15415)

“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”.

“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”.

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.

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

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.

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.

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.

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.

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

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 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.

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).

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.

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.

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.

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

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 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 for a period of more than five years.

Substitute Safety Equipment

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.

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 1
Requirements

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

SOLAS Chapter II-1 — mechanical propulsion

100 (1) A vessel that has a mechanical means of propulsion must comply with the requirements of Chapter II-1 of SOLAS, except those set out in the following regulations:

• (a) in the case of a cargo vessel that is engaged on an inland voyage, regulations 6 to 7-3;
• (b) in the case of a passenger vessel that is not a Safety Convention vessel and that is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, as those voyages are defined in section 1 of the Vessel Safety Certificates Regulations, 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.

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.

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 the recommendations are to be interpreted as expressing an obligation.

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 document entitled Canadian Modifications to the International Code on Intact Stability, 2008, TP 7301, published by the Department of Transport on [date of publication of finalized document].

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 set out in the document entitled Damage Stability Standards for Non-Convention Passenger Vessels, TP 10943, published by the Department of Transport on [date of publication of finalized document], instead of regulations 6 to 8 of Chapter II-1 of SOLAS.

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 document entitled Damage Stability Standards for Non-Convention Passenger Vessels, TP 10943, published by the Department of Transport on [date of publication of finalized document].

Life-saving Appliances and Arrangements

SOLAS Chapter III

103 (1) A vessel must comply with the requirements of Chapter III of SOLAS, except those set out in regulations 8, 10, 19, 27, 30 and 37.

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, as that Part read on [date of publication of finalized document].

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.

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, as amended from time to time, be tested in accordance with Part C of TP 14475, as amended from time to time, and be of a type approved by the Minister as complying with those requirements.

Definitions

(5) The following definitions apply in this section.

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

means the document entitled Canadian Life-Saving Appliance Standard, published by the Department of Transport. (TP 14475)

Chemical Tankers

SOLAS Chapter VII

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

Gas Carriers

SOLAS Chapter VII

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

Nuclear Vessels

SOLAS Chapter VIII

106 A nuclear vessel must comply with the requirements of Chapter VIII of SOLAS.

High-Speed Craft

SOLAS Chapter X

107 (1) Subject to subsection (2), a high-speed craft must comply with the requirements of Chapter X of SOLAS.

Non-applicable requirements — HSC Code

(2) The following requirements set out in the annex to IMO Resolution MSC.97(73), International Code of Safety for High-Speed Craft, 2000 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

SOLAS chapter XII

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

Vessels Carrying Industrial Personnel

SOLAS chapter XV

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

Special Purpose Vessels

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, except those set out in Chapters 9 to 11.

Offshore Supply Vessels

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, except for the requirement set out in section 7 of the annex.

Mechanically Connected Tug and Barge Combinations

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.

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.

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

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.

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.

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.

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

MODU Code

115 A mobile offshore drilling unit must comply with the requirements of 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

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

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 2
Crew Accommodation Spaces and Recreational Facilities

“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.

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.

Exception — vessels less than 200 gross tonnage

202 (1) If a vessel is a vessel of less than 200 gross tonnage that engages on inland voyages, the following provisions of MLC 2006 do not apply:

• (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.

Exception — towing vessels

(2) If the vessel is a towing vessel of less than 5 gross tonnage, the following provisions of MLC 2006 do not apply:

• (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 3
Additional Requirements

Elevators

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.

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

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 conformity with recommended practices and standards;
• (b) its towing equipment and its towline emergency release mechanism must be maintained in accordance with the manufacturer’s instructions;
• (c) the towing equipment manuals must be kept on board;
• (d) the towing equipment must have clear operating instructions, in English or French, located near all control positions;
• (e) the towline emergency release mechanism must have clear operating instructions, in English or French, located near it;
• (f) 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 mechanism
  • (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;
• (g) the local control and steering positions referred to in subparagraph (f)(ii) must be well illuminated and compatible in design and configuration with the towline emergency release mechanism;
• (h) each steering position must be connected to the towing winch control position by a two-way voice communication system;
• (i) 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;
• (j) each towing winch control must be fitted with a safeguard to prevent the inadvertent operation of the control;
• (k) a towing winch must not be fitted with a ratchet device that could prevent the winch from paying out the towline;
• (l) 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; and
• (m) in the case of a vessel that is fitted with towing pins on the counter, the pins must be power-operated; and
• (n) the control position for 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.

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 is determined to be adequate for the operation in accordance with recommended practices and standards.

Fire Protection on Board Vessels without Mechanical Means of Propulsion

Application

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

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.

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) be of a type that has been approved for marine use by the U.S. Coast Guard.

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 be of a type approved by a recognized organization.

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.

Vessels carrying a person

304 A vessel that carries a person must be equipped with the following fire protection equipment:

• (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 a part of the vessel that is most convenient and serviceable 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 are the most convenient and serviceable 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.

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.

Fire-extinguishing system

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

Venting system

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

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.

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 of the FSS Code.

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.

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.

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.

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.

Operational readiness and maintenance

312 The master must ensure that the fire protection equipment and systems on the vessel comply with the requirements set out in regulation 14 of Chapter II-2 of SOLAS.

Vessel that can accommodate persons overnight

313 (1) A vessel that can accommodate persons overnight must comply with the requirements of sections 205 to 234 of the Vessel Fire Safety Regulations or the fire safety requirements for accommodation barges published by a recognized organization.

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 4
Consequential and Related Amendments, Repeals and Coming into Force

Consequential and Related Amendments

Canada Labour Code

Maritime Occupational Health and Safety Regulations

400 The definitions passenger vessel and special purpose vessel in section 1 of the Maritime Occupational Health and Safety Regulations ^{footnote 12} are repealed.

401 (1) Paragraph 10(a) of the Regulations is replaced by the following:

• (a) Vessel Construction and Equipment Regulations;

(2) Section 10 of the Regulations is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

402 Paragraph 12(5)(d) of the Regulations is replaced by the following:

• (d) be lighted in accordance with the Vessel Construction and Equipment Regulations;

403 Subsections 19(3) to (5) of the Regulations are repealed.

404 Sections 20 to 23 of the Regulations are repealed.

405 (1) Subsections 24(1) and (2) of the Regulations are repealed.

(2) Subsection 24(3) of the Regulations is replaced by the following:

(3) The deck covering in every crew accommodation must be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee.

406 Section 25 of the Regulations is repealed.

407 The heading “General” before section 26 and sections 26 to 31 of the Regulations are repealed.

408 Sections 32 to 35 of the Regulations are repealed.

409 Subsection 36(1) of the Regulations is repealed.

410 Sections 37 to 40 of the Regulations are repealed.

411 (1) Paragraph 41(1)(a) of the Regulations is repealed.

(2) Paragraph 41(2)(a) of the Regulations is repealed.

412 Sections 42 to 44 of the Regulations are repealed.

413 Section 45 of the Regulations is replaced by the following:

45 Non-combustible covered receptacles for the disposal of food waste or garbage must be available at all times in mess rooms when employees are on board a vessel.

414 The heading before section 46 and sections 46 to 53 of the Regulations are repealed.

415 The heading before section 55 and sections 55 to 59 of the Regulations are repealed.

416 Subsection 68(2) of the Regulations is repealed.

417 Section 69 of the Regulations is repealed.

418 Part 11 of the Regulations is repealed.

419 Section 158 of the Regulations is replaced by the following:

158 Subsection 161(5) does not apply in respect of vessels constructed before the day on which the MLC 2006 comes into force in Canada.

420 Section 160 of the Regulations and the heading before it are repealed.

421 Subsection 179(1) of the Regulations is repealed.

422 Section 199 of the Regulations and the heading before it are repealed.

Administrative Monetary Penalties (Canada Labour Code) Regulations

423 Item 10 of Division 4 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations ^{footnote 13} is repealed.

424 Items 75 to 84 of Division 4 of Part 2 of Schedule 1 to the Regulations are repealed.

425 Items 85 to 124 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
85	24(3)	C

426 Items 130 to 138, 144 and 147 to 153 of Division 4 of Part 2 of Schedule 1 to the Regulations are repealed.

427 The portion of item 154 of Division 4 of Part 2 of Schedule 1 to the Regulations in Column 1 is replaced by the following:

Item	Column 1 Provision
154	45

428 Items 155 to 176, 180, 181, 184 to 199, 216, 217, 441 to 458, 550 and 612 of Division 4 of Part 2 of Schedule 1 to the Regulations are repealed.

Canada Shipping Act, 2001

Hull Construction Regulations

429 Subsection 3(1) of the Hull Construction Regulations ^{footnote 14} is replaced by the following:

3 (1) These Regulations do not apply to

• (a) vessels to which the Vessel Construction and Equipment Regulations apply; and
• (b) fishing vessels.

Life Saving Equipment Regulations

430 (1) The definition accredited service technician in subsection 2(1) of the Life Saving Equipment Regulations ^{footnote 15} is repealed.

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

IMO Resolution MSC.81(70)

means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances, as amended from time to time. (résolution MSC.81(70) de l’OMI)

inland voyage

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

LSA Code

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

near coastal voyage, Class 1

has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)

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)

sheltered waters voyage

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

TP 14475

means the document entitled Canadian Life-Saving Appliance Standard, published by the Department of Transport on [date of publication of finalized document]. (TP 14475)

unlimited voyage

has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

(3) Subsection 2(2) of the Regulations is repealed.

431 Section 3 of the Regulations is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

• (f) ships to which the Vessel Construction and Equipment Regulations apply.

432 Section 5 of the Regulations is replaced by the following:

5 For the purposes of these Regulations, ships are divided into the following classes:

• (a) Class I consists of ships that are over five tons gross tonnage and are
  • (i) Safety Convention ships that are certified to carry more than 12 passengers on unlimited voyages, or
  • (ii) ships that are not Safety Convention ships and that are certified to carry more than 12 passengers on unlimited voyages or near coastal voyages, Class 1;
• (b) Class II consists of ships that are over five tons gross tonnage and are
  • (i) Safety Convention ships that are certified to carry more than 12 passengers on short international voyages, or
  • (ii) ships that are not Safety Convention ships and that are certified to carry more than 12 passengers on near coastal voyages, Class 1, limited to 120 nautical miles from shore;
• (c) Class III consists of ships that are over five tons gross tonnage, are not Safety Convention ships and are certified to carry more than 12 passengers on near coastal voyages, Class 2, or inland voyages;
• (d) Class IV consists of ships that are over five tons gross tonnage, are not Safety Convention ships and are certified to carry more than 12 passengers on inland voyages, limited to 25 nautical miles from shore, or near coastal voyages, Class 2, limited to five nautical miles from shore;
• (e) Class V consists of ships that are over five tons gross tonnage, are not Safety Convention ships and are certified to carry more than 12 passengers on sheltered waters voyages;
• (f) Class VI consists of ships that are not over five tons gross tonnage and that are certified to carry more than 12 passengers;
• (g) Class VII consists of ships that are over five tons gross tonnage, are certified to carry passengers, are not self-propelled and are towed or pushed by a ship or operated by a cable;
• (h) Class VIII [reserved];
• (i) Class IX consists of ships that are over 15 tons gross tonnage and are
  • (i) Safety Convention ships that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages, or
  • (ii) ships that are not Safety Convention ships and that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages or near coastal voyages, Class 1;
• (j) Class X consists of ships that are over 15 tons gross tonnage, are not Safety Convention ships and are not certified to carry passengers, or are certified to carry 12 or fewer passengers, on near coastal voyages, Class 1, limited to 120 nautical miles from shore, near coastal voyages, Class 2, sheltered waters voyages, inland voyages, inland voyages, limited to 25 nautical miles from shore, or near coastal voyages, Class 2, limited to five nautical miles from shore; and
• (k) Class XI consists of ships that are over 15 tons gross tonnage, are not certified to carry passengers but carry a crew, are not self-propelled and are towed or pushed by a ship or operated by a cable.

433 Paragraph 5.2(b) of the Regulations is replaced by the following:

• (b) the marine evacuation system meets the requirements of paragraph 6.2 of Chapter VI of the LSA Code and is approved as having met those requirements.

434 The heading before section 7 of the Regulations is replaced by the following:

Class I Ships

(Ships that are over five tons gross tonnage and are (i) Safety Convention ships that are certified to carry more than 12 passengers on unlimited voyages, or (ii) ships that are not Safety Convention ships and that are certified to carry more than 12 passengers on unlimited voyages or near coastal voyages, Class 1)

435 (1) The portion of section 7 of the Regulations before paragraph (a) is replaced by the following:

7 Every Class I ship making unlimited voyages shall carry

(2) Paragraphs 7(i) and (j) of the Regulations are replaced by the following:

• (i) for each life raft, a SOLAS A pack as set out in the LSA Code;
• (j) for each approved boat, the equipment set out in section 2 of Schedule II;

(3) Paragraph 7(l) of the Regulations is replaced by the following:

• (l) 12 rocket parachute flares;

436 Section 8 of the Regulations is replaced by the following:

8 Every Class I ship making unlimited voyages and that is not a Safety Convention ship shall comply with the requirements of section 7.

437 The portion of section 9 of the Regulations before paragraph (a) is replaced by the following:

9 Every Class I ship making near coastal voyages, Class 1 and that is not a Safety Convention ship shall comply with the requirements of section 7 except that

438 (1) Paragraphs 10(k) and (l) of the Regulations are replaced by the following:

• (k) for each life raft,
  • (i) if the ship is engaged on a near coastal voyage, Class 1, limited to 120 nautical miles from shore, a SOLAS A pack as set out in the LSA Code, and
  • (ii) if the ship is engaged on a short international voyage that is not a sheltered waters voyage, a SOLAS B pack as set out in the LSA Code;
• (l) for each approved boat, the equipment set out in section 2 of Schedule II;

(2) Paragraph 10(n) of the Regulations is replaced by the following:

• (n) 12 rocket parachute flares;

439 (1) Subparagraph 11(c)(ii) of the Regulations is replaced by the following:

• (ii) where the special subdivision requirements of the Vessel Construction and Equipment Regulations or the Hull Construction Regulations, as applicable, are complied with, life rafts or, if the embarkation station is 4.57 m or more above the waterline when the ship is in its lightest seagoing condition, life rafts under launching devices that are capable of launching the life rafts within 30 minutes in calm conditions;

(2) Paragraphs 11(j) and (k) of the Regulations are replaced by the following:

• (j) for each life raft, a SOLAS B pack as set out in the LSA Code;
• (k) for each approved boat, the equipment set out in section 2 of Schedule II;

(3) Paragraph 11(m) of the Regulations is replaced by the following:

• (m) 12 rocket parachute flares;

440 (1) Subparagraph 12(b)(ii) of the Regulations is replaced by the following:

• (ii) where the special subdivision requirements of the Vessel Construction and Equipment Regulations or the Hull Construction Regulations, as applicable, are complied with, life rafts or, if the embarkation station is 4.57 m or more above the waterline when the ship is in its lightest seagoing condition, life rafts under launching devices that are capable of launching the life rafts within 30 minutes in calm conditions;

(2) Paragraphs 12(h) and (i) of the Regulations are replaced by the following:

• (h) for each life raft, a SOLAS B pack as set out in the LSA Code;

441 (1) The portion of items 5 and 6 of the table to paragraph 14(c) of the Regulations in column I is replaced by the following:

Item	Column I Length of Ship
5	91.4 m or over (near coastal voyage, Class 2)
6	91.4 m or over (inland voyage)

(2) The heading of Table I to paragraph 14(f) of the Regulations is replaced by the following:

Near Coastal Voyages, Class 2

(3) The heading of Table II to paragraph 14(f) of the Regulations is replaced by the following:

Inland Voyages

(4) Paragraphs 14(h) and (i) of the Regulations are replaced by the following:

• (h) for each life raft, a SOLAS B pack as set out in the LSA Code;
• (i) for each approved boat, the equipment set out in section 2 of Schedule II;

(5) Paragraph 14(k) of the Regulations is replaced by the following:

• (k) 12 pyrotechnic distress signals of which six are rocket parachute flares and six are rocket parachute flares or red hand flares;

442 The Regulations are amended by adding the following after section 15:

15.1 Instead of complying with sections 14 and 15, a ship may comply with section 16 if it

• (a) was a Class IV ship and an existing ship on the day before the day on which subsection 148(4) comes into force;
• (b) engages only on inland voyages, Class II, or minor waters voyages, Class I, or both, as those voyages are defined in subsections 5(2) and 6(1) of the Home-Trade, Inland and Minor Waters Voyages Regulations; and
• (c) does not change its area of operation or equipment.

443 Paragraphs 16(1)(g) to (i) of the Regulations are replaced by the following:

• (g) for each life raft, a SOLAS B pack as set out in the LSA Code;
• (h) for each approved boat, the equipment set out in section 2 of Schedule II;
• (i) 12 pyrotechnic distress signals of which six are rocket parachute flares; and

444 The Regulations are amended by adding the following after section 16:

16.1 Instead of complying with section 16, a ship may comply with section 17 if it

• (a) was a Class V ship and an existing ship on the day before the day on which subsection 148(4) comes into force;
• (b) engages only on home-trade voyages, Class IV, or minor waters voyages, Class II, or both, as those voyages are defined in subsections 4(4) and 6(2) of the Home-Trade, Inland and Minor Waters Voyages Regulations; and
• (c) does not change its area of operation or equipment.

445 Paragraphs 17(5)(c) and (d) of the Regulations are replaced by the following:

• (c) for each life raft, a SOLAS B pack as set out in the LSA Code;

446 Paragraphs 18(6)(a) and (b) of the Regulations are replaced by the following:

• (a) for each life raft or inflatable rescue platform,
  • (i) if the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code, and
  • (ii) if the ship is engaged on any other voyage, a SOLAS B pack as set out in the LSA Code;
• (b) except if the ship is engaged on a sheltered waters voyage, six pyrotechnic distress signals of which three are rocket parachute flares; and

447 Paragraphs 19(8)(a) to (c) of the Regulations are replaced by the following:

• (a) if the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code; and
• (b) if the ship is engaged on any other voyage, a SOLAS B pack as set out in the LSA Code.

448 The heading “Class IX Ships (Ships that are over 15 tons gross tonnage and are (i) Safety Convention ships that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on international voyages, or (ii) ships that are not Safety Convention ships and that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on foreign voyages or home-trade voyages, Class I)” before section 20 of the Regulations is replaced by the following:

Class IX Ships

(Ships that are over 15 tons gross tonnage and are (i) Safety Convention ships that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages, or (ii) ships that are not Safety Convention ships and that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages or near coastal voyages, Class 1)

449 (1) Paragraphs 20(1)(h) and (i) of the Regulations are replaced by the following:

• (h) for each life raft,
  • (i) if the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code, and
  • (ii) if the ship is engaged on any other voyage, a SOLAS B pack as set out in the LSA Code;
• (i) for each approved boat, the equipment set out in section 2 of Schedule II;

(2) Paragraph 20(1)(k) of the Regulations is replaced by the following:

• (k) if the ship is engaged on a voyage other than a sheltered waters voyage, 12 rocket parachute flares;

450 (1) Paragraphs 22(1)(k) and (l) of the Regulations are replaced by the following:

• (k) for each life raft, a SOLAS A pack as set out in the LSA Code;
• (l) for each approved boat, the equipment set out in section 2 of Schedule II;

(2) Paragraph 22(1)(n) of the Regulations is replaced by the following:

• (n) 12 rocket parachute flares;

451 (1) Paragraphs 22.1(1)(i) and (j) of the Regulations are replaced by the following:

• (i) for each life raft,
  • (i) if the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code, and
  • (ii) if the ship is engaged on any other voyage, a SOLAS B pack as set out in the LSA Code;

(2) Paragraph 22.1(1)(l) of the Regulations is replaced by the following:

• (l) if the ship is engaged on a voyage other than a sheltered waters voyage, 12 rocket parachute flares;

(3) Paragraphs 22.1(2)(h) and (i) of the Regulations are replaced by the following:

• (h) for each life raft, a SOLAS A pack as set out in the LSA Code;

(4) Paragraph 22.1(2)(k) of the Regulations is replaced by the following:

• (k) 12 rocket parachute flares;

(5) Clause 22.1(3)(a)(i)(A) of the Regulations is replaced by the following:

(A) 8.5 m in length, where the ship is engaged on an unlimited voyage, or

452 The heading “Class X Ships (Ships that are over 15 tons gross tonnage, are not Safety Convention ships and are not certified to carry passengers, or are certified to carry 12 or fewer passengers, on home-trade voyages, Class II, home-trade voyages, Class III, home-trade voyages, Class IV, inland voyages, Class I, inland voyages, Class II, minor waters voyages, Class I, or minor waters voyages, Class II)” before section 23 of the Regulations is replaced by the following:

Class X Ships

(Ships that are over 15 tons gross tonnage, are not Safety Convention ships and are not certified to carry passengers, or are certified to carry 12 or fewer passengers, on near coastal voyages, Class 1, limited to 120 nautical miles from shore, near coastal voyages, Class 2, sheltered waters voyages, inland voyages, inland voyages limited to 25 nautical miles from shore, or near coastal voyages, Class 2, limited to five nautical miles from shore)

453 (1) Paragraphs 27.2(3)(d) to (e) of the Regulations are replaced by the following:

• (d) for each life raft,
  • (i) where the ship is engaged on a near coastal voyage, Class 1, limited to 120 nautical miles from shore, a SOLAS A pack as set out in the LSA Code, and
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;
• (e) for each approved boat, the equipment set out in section 2 of Schedule II;

(2) Paragraph 27.2(3)(h) of the Regulations is replaced by the following:

• (h) the following distress signals:
  • (i) if the ship is under 85 m in length, 12 pyrotechnic distress signals of which six are rocket parachute flares, or
  • (ii) if the ship is 85 m or over in length, 12 rocket parachute flares;

454 (1) Paragraphs 27.3(h) and (i) of the Regulations are replaced by the following:

• (h) for each life raft,
  • (i) if the ship is engaged on a sheltered waters voyage or a voyage that does not go beyond the Gulf of St. Lawrence, a SOLAS B pack as set out in the LSA Code, and
  • (ii) in any other case, a SOLAS A pack as set out in the LSA Code;

(2) Paragraph 27.3(k) of the Regulations is replaced by the following:

• (k) 12 rocket parachute flares;

455 (1) Paragraphs 30(d) and (e) of the Regulations are replaced by the following:

• (d) for each life raft,
  • (i) if the ship is engaged on a near coastal voyage, Class 1, or a near coastal voyage, Class 1, limited to 120 nautical miles from shore, beyond the Gulf of St. Lawrence, a SOLAS A pack as set out in the LSA Code, and
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;
• (e) for each approved boat, the equipment set out in section 2 of Schedule II;

(2) Paragraph 30(h) of the Regulations is replaced by the following:

• (h) six rocket parachute flares.

456 The heading “Class I Ships (Ships that are over five tons gross tonnage and are (i) Safety Convention ships that are certified to carry more than 12 passengers on long international voyages, or (ii) ships that are not Safety Convention ships and that are certified to carry more than 12 passengers on foreign voyages or home-trade voyages, Class I)” before section 32 of the Regulations is replaced by the following:

Class I Ships

(Ships that are over five tons gross tonnage and are (i) Safety Convention ships that are certified to carry more than 12 passengers on unlimited voyages, or (ii) ships that are not Safety Convention ships and that are certified to carry more than 12 passengers on unlimited voyages or near coastal voyages, Class 1)

457 Paragraphs 39(c) to (e) of the Regulations are replaced by the following:

• (c) for each life raft, a SOLAS A pack as set out in the LSA Code;

458 Paragraphs 49(c) to (e) of the Regulations are replaced by the following:

• (c) for each life raft,
  • (i) if the ship is engaged on a near coastal voyage, Class 1, limited to 120 nautical miles from shore, a SOLAS A pack as set out in the LSA Code, and
  • (ii) if the ship is engaged on a short international voyage that is not a sheltered waters voyage, a SOLAS B pack as set out in the LSA Code;

459 Paragraphs 59(b) to (d) of the Regulations are replaced by the following:

• (b) for each life raft, a SOLAS B pack as set out in the LSA Code;

460 The Regulations are amended by adding the following after section 60:

60.1 Instead of complying with sections 52 to 60, a ship may comply with sections 61 to 65 if it

• (a) was a Class IV ship and a new ship on the day before the day on which subsection 148(4) comes into force;
• (b) engages only on inland voyages, Class II, or minor waters voyages, Class I, or both, as those voyages are defined in subsections 5(2) and 6(1) of the Home-Trade, Inland and Minor Waters Voyages Regulations; and
• (c) does not change its area of operation or equipment.

461 Paragraphs 64(a) to (c) of the Regulations are replaced by the following:

• (a) for each life raft, a SOLAS B pack as set out in the LSA Code;

462 The Regulations are amended by adding the following after section 65:

65.1 Instead of complying with sections 61 to 65, a ship may comply with sections 66 to 71 if it

• (a) was a Class V ship and a new ship on the day before the day on which subsection 148(4) comes into force;
• (b) engages only on home-trade voyages, Class IV, or minor waters voyages, Class II, or both, as those voyages are defined in subsections 4(4) and 6(2) of the Home-Trade, Inland and Minor Waters Voyages Regulations; and
• (c) does not change its area of operation or equipment.

463 Paragraphs 70(a) and (b) of the Regulations are replaced by the following:

• (a) for each life raft and each inflatable rescue platform, a SOLAS B pack as set out in the LSA Code;

464 Paragraph 74(a) of the Regulations is replaced by the following:

• (a) for each life raft and each inflatable rescue platform,
  • (i) where the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code, or
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;

465 Paragraphs 79(a) and (b) of the Regulations are replaced by the following:

• (a) for each life raft and each inflatable rescue platform,
  • (i) where the ship is engaged on a voyage beyond the limits of a near coastal voyage, Class 2, a SOLAS A pack as set out in the LSA Code, or
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;

466 The heading “Class IX Ships (Ships that are over 15 tons gross tonnage and are (i) Safety Convention ships that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on international voyages, or (ii) ships that are not Safety Convention ships and that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on foreign voyages or home-trade voyages, Class I)” before section 81 of the Regulations is replaced by the following:

Class IX Ships

(Ships that are over 15 tons gross tonnage and are (i) Safety Convention ships that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages, or (ii) ships that are not Safety Convention ships and that are not certified to carry passengers, or that are certified to carry 12 or fewer passengers, on unlimited voyages or near coastal voyages, Class 1)

467 Paragraphs 91(b) to (d) of the Regulations are replaced by the following:

• (b) for each life raft, a SOLAS A pack as set out in the LSA Code;

468 The heading before section 94 of the Regulations is replaced by the following:

Class X Ships

(Ships that are over 15 tons gross tonnage, are not Safety Convention ships and are not certified to carry passengers, or are certified to carry 12 or fewer passengers, on near coastal voyages, Class 1, limited to 120 nautical miles from shore, near coastal voyages, Class 2, sheltered waters voyages, inland voyages, inland voyages, limited to 25 nautical miles from shore, or near coastal voyages, Class 2, limited to five nautical miles from shore)

469 Paragraph 95(1)(a) of the Regulations is replaced by the following:

• (a) if the ship is engaged on a near coastal voyage, Class 1, limited to 120 nautical miles from shore, or an inland voyage, one rescue boat under a launching device; and

470 Paragraphs 96(2)(a) to (c) of the Regulations are replaced by the following:

• (a) on a sheltered waters voyage; or
• (b) solely in the carriage of bunker oils and marine diesel oils, the flashpoint of which exceeds 60°C, as determined in a closed-cup test.

471 Paragraphs 97(2)(a) to (c) of the Regulations are replaced by the following:

• (a) on a sheltered waters voyage; or
• (b) solely in the carriage of bunker oils and marine diesel oils, the flashpoint of which exceeds 60°C, as determined in a closed-cup test.

472 Paragraphs 102(c) to (f) of the Regulations are replaced by the following:

• (c) for each life raft,
  • (i) if the ship is engaged on a near coastal voyage, Class 1, limited to 120 nautical miles from shore, a SOLAS A pack as set out in the LSA Code, or
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;

473 Paragraphs 108(c) to (f) of the Regulations are replaced by the following:

• (c) for each life raft,
  • (i) if the ship is engaged on a near coastal voyage, Class 1, or a near coastal voyage, Class 1, limited to 120 nautical miles from shore, a SOLAS A pack as set out in the LSA Code, or
  • (ii) in any other case, a SOLAS B pack as set out in the LSA Code;

474 Section 110 of the Regulations is repealed.

475 Subsection 114(3) of the Regulations is replaced by the following:

(3) Maintenance of life saving equipment shall be carried out in accordance with International Maritime Organization Resolution MSC.402(96), Requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear, as amended from time to time, and the instructions in the manuals referred to in subsection (1).

(4) Despite subsection (3), emergency repairs to emergency boats and rescue boats may be carried out on board ship if permanent repairs are then carried out at a service station.

476 Section 116 of the Regulations is replaced by the following:

116 (1) Where a ship carries survival craft that use falls as a means of launching, the falls shall be inspected in accordance with the appendix to annex 1 of International Maritime Organization Circular MSC.1/Circ.1206/Rev.1, Measures to prevent accidents with lifeboats, as amended from time to time, with special regard for areas passing through sheaves, and replaced when necessary due to deterioration of the falls or at intervals of not more than five years, whichever is earlier.

(2) For the purpose of interpreting the appendix referred to in subsection (1), “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation.

477 Sections 118 to 120 of the Regulations are replaced by the following:

118 (1) The owner of a service station that services inflatable survival equipment shall ensure that the equipment is serviced in accordance with the annex to International Maritime Organization Resolution A.761(18), Recommendation on conditions for the approval of servicing stations for inflatable liferafts, as amended from time to time.

(2) For the purpose of interpreting the annex referred to in subsection (1), “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation.

119 (1) The authorized representative of a ship shall ensure that the ship’s inflatable survival equipment is serviced annually.

(2) Despite subsection (1), the interval between servicing may be two years if

• (a) the ship on which the inflatable survival equipment is carried
  • (i) is not a Safety Convention ship,
  • (ii) operates for less than seven months per year, and
  • (iii) operates only during months in which the monthly historical average daily minimum air temperature is greater than 0°C according to the climate data compiled by the Department of the Environment from the weather station nearest to the ship’s area of operation;
• (b) fewer than 15 years have elapsed since the day on which the inflatable survival equipment was manufactured;
• (c) the validity period of the most recent hydrostatic test of the gas cylinders of the inflatable survival equipment will not expire before the next servicing; and
• (d) the inflatable survival equipment is stored in a dry location during the months in which the ship is not in operation.

(3) Despite subsection (1), the interval between servicing may be up to but not more than 30 months if

• (a) the ship on which the inflatable survival equipment is carried is not a Safety Convention ship;
• (b) the manufacturer of the inflatable survival equipment recommends such an extended interval; and
• (c) the extended interval between servicing provides a level of safety at least equivalent to that provided by annual servicing.

478 (1) The portion of items 1 to 9 of the table to section 121 of the Regulations in column II is replaced by the following:

Item	Column II Schedule or Standard
1	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
2	TP 14475
3	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
4	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
5	TP 14475
6	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
7	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
8	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
9	LSA Code and IMO Resolution MSC.81(70)

(2) Item 10 of the table to section 121 of the Regulations is repealed.

(3) The portion of items 11 to 13 of the table to section 121 of the Regulations in column II is replaced by the following:

Item	Column II Schedule or Standard
11	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
12	LSA Code and IMO Resolution MSC.81(70)
13	(1) LSA Code, TP 14475 and IMO Resolution MSC.81(70); or (2) Canadian General Standards Board standard CAN/CGSB-65.7, Life Jackets, in respect of Class 1 lifejackets

(4) The portion of items 15 to 19 of the table to section 121 of the Regulations in Column II is replaced by the following:

Item	Column II Schedule or Standard
15	LSA Code and IMO Resolution MSC.81(70)
16	LSA Code and IMO Resolution MSC.81(70)
17	(1) LSA Code, TP 14475 and IMO Resolution MSC.81(70), for immersion suits made of a material with inherent insulation and designed to be worn without a lifejacket; (2) Canadian General Standards Board standard CAN/CGSB-65.16-2005, Immersion Suit Systems; or (3) Underwriters Laboratories standards ANSI/CAN/UL 15027-2, Standard for Immersion Suits - Part 2: Abandonment Suits, Requirements Including Safety, and ANSI/CAN/UL 15027-3, Standard for Immersion Suits - Part 3: Test Methods
18	LSA Code, TP 14475 and IMO Resolution MSC.81(70)
19	(1) LSA Code, TP 14475 and IMO Resolution MSC.81(70); or (2) Canadian General Standards Board standard CAN/CGSB-65.7, Life Jackets, in respect of Class 1 or Class 2 lifejackets that provide Category IV thermal protection

479 Section 127 of the Regulations and the heading before it are repealed.

480 Paragraphs 129(a) and (b) of the Regulations are replaced by the following:

• (a) in the case of an existing ship,
  • (i) in Part I of Schedule IX, or
  • (ii) in the LSA Code and TP 14475; and
• (b) in the case of a new ship, in the LSA Code and TP 14475.

481 Section 146 of the Regulations is amended by adding the following after subsection (2):

(3) For greater certainty,

• (a) a Class III ship that, under section 15.1, complies with the requirements applicable to a Class IV ship, is deemed to be a Class IV ship for the purposes of subsection (2); and
• (b) a Class IV ship that, under section 16.1, complies with the requirements applicable to a Class V ship, is deemed to be a Class V ship for the purposes of subsection (2).

482 Section 148 of the Regulations is amended by adding the following after subsection (3):

(4) Every davit-launched rescue boat or emergency boat, when it is installed for the first time on a ship, shall be tested to ensure that it may be safely launched

• (a) from the ship when the rescue boat or emergency boat is loaded with a mass equal to 110 per cent of the total of its own mass and that of its full complement and equipment;
• (b) from a height of not more than 1 m above the water when the rescue boat or emergency boat is in its light condition, is suspended from its release mechanism at that height and is then released; and
• (c) from a height of not more than 1 m above the water when the rescue boat or emergency boat is loaded as described in paragraph (a), is suspended from its release mechanism at that height and is then released.

(5) For the purpose of the test referred to in subsection (4), each member of the complement is assumed to have a mass of 75 kg.

483 Schedule I to the Regulations is repealed.

484 Schedule II to the Regulations is amended by replacing the references after the heading “SCHEDULE II” with the following:

(Paragraphs 7(j), 10(l), 11(k), 14(i), 16(1)(h) and 17(5)(e), subsection 19(9) and paragraphs 20(1)(i), 22(1)(l), 27.2(3)(e) and (f) and 30(e) and (f))

485 The heading “Equipment To Be Carried by Lifeboats, Rescue Boats, Emergency Boats and Suitable Boats” before section 1 of Schedule II to the Regulations is replaced by the following:

Equipment To Be Carried by Approved Boats and Suitable Boats

486 The heading “Lifeboat Equipment” before section 1 of Schedule II and section 1 of Schedule II to the Regulations are repealed.

487 (1) The heading before section 2 of Schedule II to the Regulations is replaced by the following:

Approved Boat Equipment

(2) The portion of subsection 2(1) of Schedule II to the Regulations before the table to that subsection is replaced by the following:

2 (1) The equipment set out in column I of the table to this subsection is the equipment required for an approved boat carried on a ship engaged on a voyage set out in the heading of the applicable column of columns II and III and is carried in the quantity and in conformity with the requirements set out in that applicable column.

(3) The headings of columns II and III of the table to subsection 2(1) of Schedule II to the Regulations are replaced by “Voyages other than inland voyages” and “Inland voyages”, respectively.

(4) The portion of item 5 of the table to subsection 2(1) of Schedule II to the Regulations in columns II and III is replaced by the following:

Item	Column II Voyages other than inland voyages	Column III Inland voyages
5	1 that is attached to a release device at the forward end of the approved boat	1 that is attached to a release device at the forward end of the approved boat

Item	Column II Voyages other than inland voyages
12	1, unless a survival craft radar transponder is stowed in the approved boat

(6) The portion of subsection 2(2) of Schedule II to the Regulations before the table to that subsection is replaced by the following:

(2) The equipment set out in column I of the table to this subsection is the equipment required, in addition to the equipment set out in column I of the table to subsection 2(1), for an approved boat with inflatable compartments carried on a ship engaged on a voyage set out in the heading of the applicable column of columns II and III and shall be carried in the quantity and in conformity with the requirements set out in that applicable column.

(7) The headings of columns II and III of the table to subsection 2(2) of Schedule II to the Regulations are replaced by “Voyages other than inland voyages” and “Inland voyages”, respectively.

(8) Paragraph 2(3)(b) of Schedule II to the Regulations is replaced by the following:

• (b) each be provided with thole pins, crutches or equivalent arrangements that are attached to the approved boat by lanyards or chains.

488 The heading before section 5 of Schedule II to the Regulations is replaced by the following:

Suitable Boat Equipment

489 (1) The portion of section 5 of Schedule II to the Regulations before paragraph (a) are replaced by the following:

5 Suitable boat equipment consists of

(2) Subparagraph 5(a)(ii) of Schedule II to the Regulations is replaced by the following:

• (ii) each provided with thole pins, crutches or equivalent arrangements that are attached to the suitable boat by lanyards or chains;

490 Section 6 of Schedule II to the Regulations and the heading before it are repealed.

491 Schedules III and IV to the Regulations are repealed.

492 The table to subsection 18(1) of Schedule V to the Regulations is amended by replacing “Home-Trade IV or Minor Waters II” and “Home-Trade IV and Minor Waters II” in the headings of the columns with “Sheltered Waters”.

493 Schedule V.1 to the Regulations is repealed.

494 Schedules VII and VIII to the Regulations are repealed.

495 The table to subsection to subsection 10(4) of Part I of Schedule IX to the Regulations is amended by replacing “Home-Trade IV or Minor Waters II” in the headings of the columns with “Sheltered Waters”.

496 Schedules XII and XIII to the Regulations are repealed.

497 Subparagraph 2(4)(a)(ii) of Schedule XIV to the Regulations is replaced by the following:

• (ii) if the ship is engaged on a sheltered waters voyage, an inland voyage, limited to 25 nautical miles from shore, or a near coastal voyage, Class 2, limited to five nautical miles from shore, a self-igniting light that is visible by day and night;

498 The Regulations are amended by replacing “home-trade voyages, Class II” and “home-trade Class II voyages” with “near coastal voyages, Class 1, limited to 120 nautical miles from shore” in the following provisions:

• (a) the heading before section 10;
• (b) the portion of section 13 before paragraph (a); and
• (c) the heading before section 42.

499 The Regulations are amended by replacing “home-trade voyages, Class III, or inland voyages, Class I” with “near coastal voyages, Class 2, or inland voyages” in the following provisions:

• (a) the heading before section 14; and
• (b) the heading before section 52.
  

500 The Regulations are amended by replacing “inland voyages, Class II, or minor waters voyages, Class I” and “inland voyages, Class II or minor waters voyages, Class I” with “inland voyages, limited to 25 nautical miles from shore, or near coastal voyages, Class 2, limited to five nautical miles from shore” in the following provisions:

• (a) the heading before section 16; and
• (b) the heading before section 61.

501 The Regulations are amended by replacing “home-trade voyages, Class IV, or minor waters voyages, Class II” and “home-trade IV or minor waters II voyages” with “sheltered waters voyages” in the following provisions:

• (a) the portion of section 11 before paragraph (a);
• (b) the portion of section 12 before paragraph (a);
• (c) the heading before section 17;
• (d) paragraph 20(1)(a);
• (e) the portion of subsection 28(3) before paragraph (a); and
• (f) the heading before section 66.
  

502 The Regulations are amended by replacing “home-trade voyage, Class III” with “near coastal voyage, Class 2” in the following provisions:

• (a) subparagraph 14(f)(i) and paragraph 14(m);
• (b) the portion of section 24 before paragraph (a); and
• (c) paragraph 59(i).

503 The Regulations are amended by replacing “inland voyage, Class I” with “inland voyage” in the following provisions:

• (a) subparagraph 14(f)(ii); and
• (b) the portion of section 25 before paragraph (a).

504 The Regulations are amended by replacing “home-trade voyage, Class IV, or a minor waters voyage, Class II” with “sheltered waters voyage”, with any necessary modifications, in the following provisions:

• (a) paragraph 18(1)(a);
• (b) paragraph 19(1)(a);
• (c) the portion of section 27 before paragraph (a);
• (d) items 1 to 4 of column 1 of the table to subsection 27.2(1) and paragraphs 27.2(3)(b), (g) and (i);
• (e) paragraphs 27.3(j) and (l);
• (f) paragraph 30(b) and subparagraph 30(g)(i);
• (g) paragraph 72(1)(a);
• (h) paragraph 76(1)(a);
• (i) section 85;
• (j) paragraphs 102(b) and (g);
• (k) paragraph 108(b) and subparagraph 108(g)(i); and
• (l) paragraph 5(i) of Schedule II.

505 The Regulations are amended by replacing “a foreign voyage” with “an unlimited voyage” in the following provisions:

• (a) the portion of subsection 20(1) before paragraph (a); and
• (b) the portion of subsection 22.1(1) before paragraph (a).

506 The Regulations are amended by replacing “home-trade voyage, Class I” with “near coastal voyage, Class 1” in the following provisions:

• (a) the portion of subsection 22(1) before paragraph (a);
• (b) the portion of subsection 22.1(2) before paragraph (a); and
• (c) clause 22.1(3)(a)(i)(B).
  

507 The Regulations are amended by replacing “home-trade voyage, Class II” with “near coastal voyage, Class 1, limited to 120 nautical miles from shore” in the following provisions:

• (a) the portion of section 23 before paragraph (a);
• (b) paragraph 95(2)(a); and
• (c) paragraph 98(a).
  

508 The Regulations are amended by replacing “inland voyage, Class II, or a minor waters voyage, Class I” with “inland voyage, limited to 25 nautical miles from shore, or a near coastal voyage, Class 2, limited to five nautical miles from shore” in the following provisions:

• (a) the portion of section 26 before paragraph (a); and
• (b) paragraph 98(c).

509 The Regulations are amended by replacing “home-trade voyage, Class II, or a home-trade voyage, Class III” with “near coastal voyage, Class 1, limited to 120 nautical miles from shore, or a near coastal voyage, Class 2” in the following provisions:

• (a) subparagraphs 27.2(3)(c)(i) and (ii);
• (b) subparagraphs 27.3(g)(i) and (ii); and
• (c) subparagraphs 102(a)(i) and (ii).

510 The Regulations are amended by replacing “home-trade voyage, Class III, or an inland voyage, Class I” with “near coastal voyage, Class 2, or an inland voyage” in the following provisions:

• (a) paragraph 95(2)(b); and
• (b) paragraph 98(b).
  

Fishing Vessel Safety Regulations

511 Paragraph 3.29(b) of the Fishing Vessel Safety Regulations ^{footnote 16} is replaced by the following:

• (b) be serviced, at the intervals set out in section 119 of the Life Saving Equipment Regulations, at a service station that is accredited by the manufacturer of the life raft; and

512 Paragraph 3(a) of Schedule X to the Regulations is replaced by the following:

• (a) those set out in Part B and Part C of TP 14475; and

513 Section 4 of Schedule X to the Regulations is replaced by the following:

4 The standards and tests for an emergency boat and a rescue boat are those set out in the LSA Code and TP 14475.

Marine Machinery Regulations

514 The Marine Machinery Regulations ^{footnote 17} are amended by adding the following after subsection 3(2):

(3) Despite subsection (1), these Regulations do not apply in respect of vessels to which the Vessel Construction and Equipment Regulations apply.

Load Line Regulations

515 The Load Line Regulations ^{footnote 18} are amended by adding the following after section 3:

Exceptions

3.1 (1) Despite paragraphs 3(2)(f) and (g), a vessel that is constructed or converted for the purpose of towing on or after the day on which the Vessel Construction and Equipment Regulations come into force and that is engaged on a voyage beyond the limits of an inland voyage shall meet the conditions of assignment set out in Chapter II of Annex I of Annex B of Part 3 of the Convention.

(2) Despite paragraphs 3(2)(f) to (i), a vessel that is constructed on or after the day on which the Vessel Construction and Equipment Regulations come into force, that carries at least one person and that is engaged on a voyage beyond the limits of an inland voyage shall comply with regulations 24 and 25 of Chapter II of Annex I of Annex B of Part 3 of the Convention.

516 Paragraph 5(7)(b) of the Regulations is replaced by the following:

• (b) in the case of a passenger vessel, it is marked in accordance with the Vessel Construction and Equipment Regulations or paragraph 22(2)(c) of the Hull Construction Regulations, as the case may be.

517 The Regulations are amended by adding the following after section 15:

Exceptions

15.1 (1) Despite paragraph 15(2)(g), a vessel that is constructed or converted for the purpose of towing on or after the day on which the Vessel Construction and Equipment Regulations come into force and that is engaged on an inland voyage shall meet the conditions of assignment set out in Schedule 1.

(2) Despite paragraphs 15(2)(g) to (i), a vessel that is constructed on or after the day on which the Vessel Construction and Equipment Regulations come into force, that carries at least one person and that is engaged on an inland voyage shall comply with sections 11 and 13 of Schedule 1.

518 Paragraph 17(3)(b) of the Regulations is replaced by the following:

• (b) in the case of a passenger vessel, it is marked in accordance with the Vessel Construction and Equipment Regulations or subsection 37(2) of the Hull Construction Regulations, as the case may be.

519 Schedule 1 to the Regulations is amended by replacing the references after the heading “SCHEDULE 1” with the following:

(Section 15.1 and paragraphs 17(1)(a) and 18(a))

Marine Personnel Regulations

520 Subparagraph 207(4)(d)(ii) of the Marine Personnel Regulations ^{footnote 19} is replaced by the following:

• (ii) prepare for launching the survival craft carried in accordance with the Vessel Construction and Equipment Regulations or the Life Saving Equipment Regulations, as the case may be,

521 The portion of subsection 208(1) of the Regulations before paragraph (a) is replaced by the following:

208 (1) The master of a vessel shall assign, for each lifeboat required to be on board by the Vessel Construction and Equipment Regulations or the Life Saving Equipment Regulations, as the case may be,

522 (1) Subparagraphs 210(1)(a)(i) and (ii) of the Regulations are replaced by the following:

• (i) at least one certificated person per two inflatable life rafts or inflatable rescue platforms with a specified capacity of 25 or fewer persons that are required to be carried on board by the Vessel Construction and Equipment Regulations or the Life Saving Equipment Regulations, as the case may be, and
• (ii) at least one certificated person per inflatable life raft or inflatable rescue platform with a specified capacity of more than 25 persons that is required to be carried on board by the Vessel Construction and Equipment Regulations or the Life Saving Equipment Regulations, as the case may be; and

(2) Paragraph 210(1)(b) of the Regulations is replaced by the following:

• (b) in all other cases, at least one certificated person per inflatable life raft or inflatable rescue platform that is required to be carried on board by the Vessel Construction and Equipment Regulations or the Life Saving Equipment Regulations, as the case may be.

523 Paragraph 221(3)(a) of the Regulations is replaced by the following:

• (a) the harbour tug complies with the requirements applicable to periodically unattended machinery spaces under the Vessel Construction and Equipment Regulations or with Schedule VIII to the Marine Machinery Regulations, as the case may be;

524 Subsection 225(1) of the Regulations is replaced by the following:

225 (1) A vessel that is equipped in accordance with the requirements applicable to periodically unattended machinery spaces under the Vessel Construction and Equipment Regulations or with Schedule VIII to the Marine Machinery Regulations may operate with periodically unattended machinery spaces if the remote control and monitoring systems in those spaces are inspected at intervals not exceeding 12 months and the inspection certificate contains a notation confirming the inspection.

525 Subsection 240(2) of the Regulations is replaced by the following:

(2) An MOU that meets the requirements applicable to periodically unattended machinery spaces under the Vessel Construction and Equipment Regulations or of Schedule VIII to the Marine Machinery Regulations may operate with periodically unattended machinery spaces if the remote control and monitoring systems in those spaces are inspected at intervals not exceeding 12 months and the inspection certificate contains a notation confirming the inspection.

526 (1) Subsection 331(1) of the Regulations is repealed.

(2) Subsection 331(2) of the Regulations is replaced by the following:

(2) If a vessel has separate hospital accommodation on board, the master shall ensure that the accommodation is used exclusively for medical purposes.

527 Subparagraphs 334(1)(h)(i) and (ii) of the Regulations are replaced by the following:

• (i) accommodation and on-board recreational facilities as set out in the Vessel Construction and Equipment Regulations,

Administrative Monetary Penalties and Notices (CSA 2001) Regulations

528 Item 132 of Part 5 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations ^{footnote 20} is repealed.

529 The schedule to the Regulations is amended by adding the following after Part 14:

PART 15

Violations of the Vessel Construction and Equipment Regulations

Item	Column 1 Provision of the Vessel Construction and Equipment Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 100(1)	2,625 to 250,000
2	Subsection 100(2)	5,250 to 250,000
3	Subsection 101(1)	260 to 250,000
4	Subsection 102(2)	260 to 250,000
5	Subsection 103(1)	2,625 to 250,000
6	Subsection 103(3)	525 to 250,000
7	Subsection 103(4)	525 to 250,000
8	Section 104	2,625 to 250,000
9	Section 105	2,625 to 250,000
10	Section 106	2,625 to 250,000
11	Subsection 107(1)	2,625 to 250,000
12	Section 108	2,625 to 250,000
13	Section 109	5,250 to 250,000
14	Section 110	5,250 to 250,000
15	Section 111	5,250 to 250,000
16	Subsection 112(1)	5,250 to 250,000
17	Section 113	5,250 to 250,000
18	Subsection 114(1)	5,250 to 250,000
19	Section 115	5,250 to 250,000
20	Section 117	5,250 to 250,000
21	Section 201	1,300 to 100,000
22	Subsection 300(1)	525 to 250,000
23	Subsection 301(1)	260 to 250,000
24	Subsection 301(2)	5,250 to 250,000
25	Subsection 303(1)	5,250 to 250,000
26	Subsection 303(2)	5,250 to 250,000
27	Subsection 303(3)	5,250 to 250,000
28	Section 304	5,250 to 250,000
29	Section 305	5,250 to 250,000
30	Section 306	5,250 to 250,000
31	Section 307	5,250 to 250,000
32	Subsection 308(1)	5,250 to 250,000
33	Subsection 308(3)	5,250 to 250,000
34	Section 309	5,250 to 250,000
35	Section 310	5,250 to 250,000
36	Section 311	5,250 to 250,000
37	Section 312	5,250 to 250,000
38	Subsection 313(1)	5,250 to 250,000
39	Subsection 313(2)	5,250 to 250,000

Fire and Boat Drills Regulations

530 The definitions rescue boat and survival craft in section 1 of the Fire and Boat Drills Regulations ^{footnote 21} are replaced by the following:

rescue boat

means a boat designed to be used for rescuing persons in distress and marshalling survival craft and, for greater certainty, includes an emergency boat that performs the same functions. (canot de secours)

survival craft

means a lifeboat, rescue boat, emergency boat, suitable boat, buoyant apparatus, life raft, inflatable rescue platform or any other vessel capable of sustaining the lives of persons in distress from the time of abandoning the vessel on which those persons were carried. (bateau de sauvetage)

Small Vessel Regulations

531 Paragraph 21(b) of the Small Vessel Regulations ^{footnote 22} is replaced by the following:

• (b) serviced at the intervals set out in section 119 of the Life Saving Equipment Regulations at a service station that is accredited by the manufacturer of the life raft; and

Navigation Safety Regulations, 2020

532 The definition survival craft in section 200 of the Navigation Safety Regulations, 2020 ^{footnote 23} is repealed.

533 Section 208 of the Regulations is replaced by the following:

SART

208 One of the SARTs required to be on board a vessel under the Vessel Construction and Equipment Regulations, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations must be stowed so that it is readily accessible for immediate use on board.

534 Subsection 218(1) of the Regulations is replaced by the following:

Application — Canadian vessel

218 (1) This Division, other than section 228, applies in respect of radio equipment, including documentation for the equipment, that a Canadian vessel must have on board under Division 1 of this Part, the Vessel Construction and Equipment Regulations, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations, as applicable.

Repeals

535 The following Regulations are repealed:

• (a) the Crew Accommodation Regulations ^{footnote 24};
• (b) the Ships’ Elevator Regulations ^{footnote 25};
• (c) the Towboat Crew Accommodation Regulations ^{footnote 26}; and
• (d) the Steering Appliances and Equipment Regulations ^{footnote 27}.

Coming into Force

Publication

536 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

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• contain a language other than English or French
• otherwise violate this notice

The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.

Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that public email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.

You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.