Vol. 150, No. 14 — July 13, 2016

Registration

SOR/2016-163 June 22, 2016

CANADA SHIPPING ACT, 2001

Regulations Amending the Small Fishing Vessel Inspection Regulations

P.C. 2016-590 June 21, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport pursuant to paragraph 35(1)(d) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote a), makes the annexed Regulations Amending the Small Fishing Vessel Inspection Regulations.

Regulations Amending the Small Fishing Vessel Inspection Regulations

Amendments

1 The long title of the Small Fishing Vessel Inspection Regulations (see footnote 1) is replaced by the following:

Fishing Vessel Safety Regulations

2 The heading before section 1 and sections 1 to 3 of the Regulations are replaced by the following:

Interpretation

Definitions

2 The following definitions apply in these Regulations.

amidships means

• (a) in Part 0.1, the mid-point of the hull length of a fishing vessel; and
• (b) in Parts I and II, the mid-point of the length of a fishing vessel. (milieu du bâtiment)

closed construction, in respect of a fishing vessel, means that more than 50 per cent of the length of the vessel is covered full width, at or above the gunwale level, by decks or permanent enclosures. (ponté)

existing, in respect of a fishing vessel, means that the vessel is not new. (existant)

fishing vessel means a vessel that is used or is to be used for commercially catching, harvesting or transporting fish or other living marine resources. (bâtiment de pêche)

length, in respect of a fishing vessel, means, in Parts I and II,

• (a) the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post, except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock; or
• (b) if the vessel has no rudder stock or has a rudder stock situated outside the hull at the stern, the distance from the foreside of the foremost permanent structure of the vessel to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes. (longueur)

new, in respect of a fishing vessel, means, in Parts I and II, that construction of the vessel started on or after January 6, 1965. This definition applies also to any foreign fishing vessel brought under Canadian registry, regardless of the date on which its construction started. (neuf)

open construction, in respect of a fishing vessel, means that the vessel is not one of closed construction. (non ponté)

TP 127 means the Ship Safety Electrical Standards, issued by the Department of Transport, as amended from time to time. (TP 127)

Application

Canadian vessels

3 These Regulations apply in respect of fishing vessels that are Canadian vessels and that are not more than 24.4 m in length and not more than 150 gross tonnage.

PART 0.1

Interpretation

Definitions

3.01 (1) The following definitions apply in this Part.

breadth means the maximum breadth of a fishing vessel, measured amidships to the moulded line of the frame in the case of a vessel with metal shell plating, and measured to the outer surface of the shell plating in any other case. (largeur)

classification society means a classification society that is a member of the International Association of Classification Societies (IACS). (société de classification)

engine space means any space that contains a permanently installed propulsion engine or auxiliary engine, and includes any connected spaces. (compartiment moteur)

EPIRB means an emergency position-indicating radio beacon. (RLS)

hull length, in respect of a fishing vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur de coque)

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

IS Code means the annex to International Maritime Organization Resolution MSC.267(85), International Code on Intact Stability, 2008. (recueil IS)

lifebuoy means a SOLAS lifebuoy or a small vessel lifebuoy. (bouée de sauvetage)

lifejacket means a small vessel lifejacket, a standard lifejacket, a Class 1 or Class 2 lifejacket or a SOLAS lifejacket. (gilet de sauvetage)

life raft means a SOLAS life raft, a reduced capacity life raft or a coastal life raft. (radeau de sauvetage)

LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)

machinery space means any space containing propelling machinery, steering gears, boilers, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and any similar spaces and trunks to those spaces. (tranche des machines)

near coastal voyage, Class 1 has the same meaning as in the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

near coastal voyage, Class 2 has the same meaning as in the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 2)

near coastal voyage, Class 2, restricted to 2 nautical miles means a near coastal voyage, Class 2, during which the fishing vessel engaged on the voyage is always within 2 nautical miles from shore. (voyage à proximité du littoral, classe 2, limité à 2 milles)

new, in respect of a fishing vessel, means that construction of the vessel started — or that a contract was signed for the construction of the vessel or that the vessel was imported into Canada and registered for the first time in Canada — more than one year after the day on which these Regulations come into force. (neuf)

permanently installed, in respect of an object, means securely fastened so that tools must be used for its removal. (fixé à demeure)

power-driven, in respect of a fishing vessel, means that the fishing vessel is propelled by an engine or has an engine on board to propel it. (à propulsion mécanique)

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, to give third-party written assurance that a product meets the specified requirements for the product, including initial certification of the product and maintenance of that certification. (organisme de certification de produits)

pyrotechnic distress signal means a rocket parachute flare, a multi-star flare, a hand flare, or a buoyant or hand smoke signal. (signal de détresse pyrotechnique)

readily accessible means capable of being reached easily and safely under emergency conditions without the use of tools. (facilement accessible)

reboarding device means a ladder, lifting harness or other apparatus, not including any part of a fishing vessel’s propulsion unit, that assists a person to reboard the vessel from the water. (dispositif de remontée à bord)

recommended practices and standards means the recommended practices and standards for marine use issued by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)

recovery boat means a boat that is auxiliary to a fishing vessel and that can be used in an emergency. (embarcation de récupération)

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

SOLAS means the International Convention for the Safety of Life at Sea, 1974. (SOLAS)

sound-signalling device means a pealess whistle or a compressed-gas or electric horn. (dispositif de signalisation sonore)

TP 1332 means the Construction Standards for Small Vessels, published by the Department of Transport. (TP 1332)

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

unlimited voyage has the same meaning as in the Vessel Certificates Regulations. (voyage illimité)

watertight, in respect of a structure, means capable of preventing the passage of water through the structure in any direction under a head of water for which the structure is designed. (étanche à l’eau)

weathertight, in respect of a fishing vessel, means that in any sea conditions water will not penetrate into the vessel. (étanche aux intempéries)

Documents incorporated by reference

(2) Except as otherwise indicated in this Part, any reference in this Part to a document is a reference to that document as amended from time to time.

Inconsistencies

(3) In the event of an inconsistency between a provision in a document incorporated by reference and a provision in this Part, the provision in this Part prevails.

Date of construction

(4) For the purposes of this Part, a reference to the date of construction, manufacture or rebuilding of a fishing vessel is to be read as a reference to the date on which the actual construction, manufacture or rebuilding starts.

IS Code

(5) For the purposes of the application of the IS Code,

• (a) “Administration” shall be read as “Minister”;
• (b) “should” shall be read as “shall”, and any recommendations are to be considered mandatory; and
• (c) any guidelines, explanatory notes, requirements or similar matters set out in a document referred to in a footnote to the IS Code are to be considered mandatory.
  

Responsibility

3.02 Unless otherwise indicated in this Part, the authorized representative and the master of a fishing vessel shall ensure that the requirements of this Part are met.

DIVISION 1

General Requirements

Safe Operation

Design, construction and equipment

3.03 (1) The authorized representative of a fishing vessel shall ensure that the vessel is designed, constructed and equipped to operate safely and be seaworthy in its area of operation.

Safe operation and seaworthiness

(2) If the Minister has reasonable grounds to believe that the design, construction or equipment of a fishing vessel adversely affects its safe operation or seaworthiness in its area of operation, the Minister shall request the authorized representative of the vessel to establish that the vessel meets the requirements of subsection (1).

Maintenance of machinery and equipment

3.04 (1) A fishing vessel, as well as its machinery and equipment, shall be maintained to ensure that it is in a safe operating condition.

Maintenance records

(2) The authorized representative of a fishing vessel shall maintain records on the maintenance of the vessel and of its machinery and equipment.

Prohibition — Operational Limits

Prohibition — freezing spray

3.05 (1) No person shall operate, or permit another person to operate, a fishing vessel in an area for which a freezing spray warning has been issued by Environment Canada unless the stability assessment for the vessel has demonstrated that the vessel has the capability to operate safely in freezing spray conditions when ice accretion is likely to occur.

Accumulated ice

(2) If a freezing spray warning has been issued by Environment Canada for an area in which a fishing vessel is operated or is intended to be operated, the vessel shall carry on board a means to remove accumulated ice from the vessel.

General Prohibitions

Before first putting into service

3.06 (1) The authorized representative of a fishing vessel shall not operate, or permit another person to operate, the fishing vessel unless, before the vessel is first put into service, its authorized representative has informed the Minister of

• (a) the intention to operate the vessel or permit its operation;
• (b) the physical characteristics of the vessel; and
• (c) the nature of its operation.

Information provided to Minister

(2) The authorized representative of a fishing vessel shall provide the Minister, on request, with information respecting the physical characteristics of the fishing vessel and the nature of its operation.

Exceeding design limitations

3.07 No person shall operate, or permit another person to operate, a fishing vessel under circumstances that exceed its design limitations.

Careless operation

3.08 No person shall operate a fishing vessel in a careless manner, without due care and attention or without reasonable consideration for other persons.

Safety of persons on board jeopardized

3.09 No person shall operate, or permit another person to operate, a fishing vessel in environmental conditions or circumstances that could jeopardize the safety of persons on board unless a lifejacket required by this Part, or a personal flotation device that meets the requirements of section 3.2, is worn

• (a) by all persons on board, in the case of a fishing vessel that has no deck or deck structure; or
• (b) by all persons on the deck or in the cockpit, in the case of a fishing vessel that has a deck or deck structure.
  

General Requirements

Openings closed at sea

3.1 When a fishing vessel is at sea, openings on the vessel that are exposed to the weather and to the sea and that can be closed shall be kept closed unless they must be kept open for the operation of the vessel, in which case they shall be closed immediately if there is a danger of water entering the interior spaces of the hull.

Stowage of tools and spare parts

3.11 Tools and spare parts necessary for performing routine maintenance on and minor repairs to machinery, electrical equipment and installations shall be carried on board a fishing vessel and securely stowed in a readily accessible location.

Record of modifications affecting stability

3.12 The authorized representative of a fishing vessel shall ensure that a record is kept of any modification or series of modifications that affects the stability of the vessel. The record shall be in the form and manner specified by the Minister.

Fuel

Engine space blower

3.13 No person shall start a gasoline-powered fishing vessel unless the engine space blower has been operated for a period of not less than four minutes immediately before the engine is started.

Leakage of fuel

3.14 (1) No person shall permit fuel leakage within or from a fishing vessel.

Discharge of fuel or oil

(2) No person shall permit fuel or oil to be discharged from a fishing vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in section 5 of Part 1 and Subdivision 4 of Division 1 of Part 2 of the Vessel Pollution and Dangerous Chemicals Regulations.

Fuelling

(3) No person shall fuel a gasoline-powered fishing vessel that is at dockside or beached unless

• (a) if the vessel is equipped with a portable fuel tank, the tank is first removed from it; or
• (b) if the vessel is equipped with a fixed fuel tank, the person fuelling the vessel is the only person on board.
  

Fuelling — fixed fuel tank

(4) No person shall fuel a gasoline-powered fishing vessel that is equipped with a fixed fuel tank unless all electrical equipment is switched off, all doors, windows and ports are closed, all engines are shut off and all open flames, including pilot lights, are extinguished.

Portable container

(5) No person shall carry liquid fuel on board a fishing vessel in a portable container that has not been designed to carry the fuel.

Storage of portable fuel tank

(6) A portable fuel tank containing fuel and carried on board a fishing vessel shall be stored as far away as practicable from heat and ignition sources, machinery spaces and crew’s quarters.

Filling of fixed fuel tank

(7) No person shall fill a fixed fuel tank on board a fishing vessel by means of a funnel, nozzle or similar device unless continuous contact is maintained between the shipboard filling pipe and the filling device immediately prior to and during the fuelling operation.

Portable fuel-burning equipment or appliance

3.15 Any portable fuel-burning equipment or appliance used on a fishing vessel shall be

• (a) used only in a well-ventilated location that is in an open space or on an open deck;
• (b) well secured to prevent its movement while in use; and
• (c) when not in use, stored in a well-ventilated location that is isolated from heat and ignition sources.
  

Safety Procedures

Written safety procedures

3.16 (1) Safety procedures shall be established in writing, in English or French or in both, according to the needs of the crew, and implemented to familiarize persons on board a fishing vessel with

• (a) the location and use of all safety equipment;
• (b) all the measures that must be taken to protect persons on board, in particular measures to prevent persons from falling overboard, measures to retrieve persons who have fallen overboard, measures to protect limbs from rotating equipment, and measures to avoid ropes, docking lines, nets and other fishing equipment that may pose a safety hazard to persons on board;
• (c) in the case of beam trawling and purse seining operations, the quick release of loads that can be activated in an emergency;
• (d) all the measures that must be taken to prevent fires and explosions on the vessel;
• (e) if the vessel has a deck or deck structure, all the measures that must be taken to maintain watertightness and weathertightness and to prevent flooding of the interior spaces of the hull or, if the vessel has no deck or deck structure, all the measures that must be taken to prevent swamping of the vessel;
• (f) all the measures that must be taken to ensure safe loading, stowage and unloading of fish catches, baits and consumables; and
• (g) the operation of towing and lifting equipment and the measures that must be taken to prevent overloading of the vessel.
  

Drills on procedures

(2) Drills on the safety procedures shall be held to ensure that the crew is at all times proficient in carrying out those procedures.

Record of drills

(3) A record shall be kept of every drill.

Records

Record keeping — maintenance and drills

3.17 (1) A record on the maintenance of a fishing vessel and a record of a drill on the safety procedures shall be kept for a period of seven years after the day on which it is established.

Record of modifications affecting stability

(2) In the case of a fishing vessel that has undergone a stability assessment, a record of a modification or series of modifications that affects the stability of the vessel shall be kept until the vessel undergoes a new stability assessment that takes into account the modification or series of modifications.

Transfer of ownership

(3) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with any records kept in respect of the vessel.

DIVISION 2

Safety Equipment

Requirements

Prohibition

3.18 (1) No person shall operate, or permit another person to operate, a fishing vessel unless the safety equipment required by this Division is carried on board the vessel and the equipment meets the requirements of this Division.

Replacement of safety equipment

(2) However, equipment that was acquired before the day on which this Division comes into force may replace any safety equipment required by this Division if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

Quantity in excess — previously acquired equipment

(3) Any equipment that exceeds the quantity of safety equipment required and that was acquired before the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of these Regulations as they read before that day and if the equipment is in good working order or, in the case of equipment that bears an expiry date, that date has not expired.

Quantity in excess — recently acquired equipment

(4) Any equipment that exceeds the quantity of safety equipment required and that was acquired on or after the day on which this Division comes into force may be carried on board a fishing vessel if the equipment meets the requirements of this Division.

Other equipment

(5) Any equipment that is not of a type referred to in this Division may be carried on board a fishing vessel if the equipment is not likely to be confused with safety equipment.

Standards and Approval

Mark or label indicating approval by Minister

3.19 (1) An immersion suit, anti-exposure suit, emergency boat, recovery boat or rescue boat that is referred to in these Regulations and that may be carried on board a fishing vessel shall bear a mark or label indicating that it is of a type approved by the Minister.

Applicable standards and test

(2) The Minister shall approve a type of equipment referred to in subsection (1) if it is shown to meet the applicable standards and tests referred to in Schedule X.

Mark or label — Small Vessel Regulations

3.2 (1) A personal flotation device, lifejacket, lifebuoy, self-igniting light, pyrotechnic distress signal or life raft referred to in these Regulations shall bear a mark or label indicating that it is of a type approved by the Minister under the Small Vessel Regulations.

Alternative mark or label

(2) Subsection (1) does not apply to a personal flotation device if it has been approved by the Director of Ship Safety of the Department of Transport or by the Department of Fisheries and Oceans and if it bears a mark or label indicating that it was approved by one of those departments or by the Canadian Coast Guard.

Personal flotation device

(3) An approved personal flotation device

• (a) shall be fitted with retro-reflective tape and a whistle; and
• (b) shall have an outer covering of a highly visible colour or, in the case of an inflatable personal flotation device, shall have an internal bladder of a highly visible colour.

Substitute Safety Equipment

Equivalent level of safety

3.21 (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 provided by the required safety equipment, the other equipment may be substituted for the required safety equipment in those circumstances.

Factors

(2) To determine the level of safety provided by the substitute equipment in the circumstances, the Minister shall 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.

Mark or label

(3) The substitute equipment shall bear a mark or label indicating that it conforms to the recommended practices and standards applicable to that type of equipment.

Accessibility and Maintenance

Requirements for safety equipment

3.22 (1) The safety equipment required by these Regulations shall

• (a) be in good working order;
• (b) be readily accessible and available for immediate use; and
• (c) except for a life raft, be maintained and replaced in accordance with the manufacturer’s instructions or recommendations.

Alterations

(2) Safety equipment shall not be altered in any way that compromises its performance or that diminishes the integrity or readability of a marking set out in a standard related to it.

Extinguishers

(3) A portable fire extinguisher and a fixed fire extinguishing system required by these Regulations shall be kept fully charged.

Marks and Labels

English and French

3.23 A mark or label on the safety equipment required by this Division, and any related manufacturer’s instructions or recommendations, shall be in English and French.

First Aid Kit

Contents

3.24 A fishing vessel shall carry on board one of the following first aid kits, which shall be packed in a waterproof case that is capable of being tightly closed after use:

• (a) a marine emergency first aid kit that contains the following:
  • (i) an up-to-date first aid manual or up-to-date first aid instructions, in English and French,
  • (ii) 48 doses of analgesic medication of a non-narcotic type,
  • (iii) six safety pins or one roll of adhesive first aid tape,
  • (iv) one pair of bandage scissors or safety scissors,
  • (v) one resuscitation face shield,
  • (vi) two pairs of examination gloves,
  • (vii) 10 applications of antiseptic preparations,
  • (viii) 12 applications of burn preparations,
  • (ix) 20 adhesive plasters in assorted sizes,
  • (x) 10 sterile compression bandages in assorted sizes,
  • (xi) 4 m of elastic bandage,
  • (xii) two sterile gauze compresses,
  • (xiii) two triangular bandages, and
  • (xiv) a waterproof list of the contents, in English and French; or
• (b) a first aid kit that meets the requirements of the Maritime Occupational Health and Safety Regulations or of provincial regulations governing workers’ compensation, with the addition of a resuscitation face shield and two pairs of examination gloves if the kit is not required to contain them.
  

Life-saving Appliances

Personal Life-saving Appliances

Lifejacket

3.25 (1) A fishing vessel shall carry on board a lifejacket of an appropriate size for each person on board, but the lifejacket shall not be a Class 2 lifejacket or a small vessel lifejacket if the vessel is engaged on a voyage beyond the limits of a near coastal voyage, Class 2.

Replacement of a lifejacket — near coastal voyage, Class 2

(2) Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, may carry on board a personal flotation device that meets the requirements of section 3.2 if

• (a) the personal flotation device
  • (i) provides at least 100 N of buoyancy and has a turning capability, or
  • (ii) is designed to provide thermal protection; and
• (b) in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board or, in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.
  

Replacement of a lifejacket — near coastal voyage, Class 2, etc.

(3) Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, restricted to 2 nautical miles, or a sheltered waters voyage, may carry on board a personal flotation device that meets the requirements of section 3.2 if

• (a) in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board; or
• (b) in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.

Additional personal life-saving appliances

3.26 (1) A fishing vessel shall carry on board the following additional personal life-saving appliances:

• (a) a reboarding device;
• (b) an apparatus that can be used to retrieve a person who has fallen overboard without the assistance of the person overboard, unless the vessel carries a recovery boat or the operator of the vessel is the only person on board; and
• (c) in the case of a fishing vessel that has a hull length set out in column 1 of the table to this paragraph, the additional personal life-saving appliances set out in column 2.

TABLE

Item	Column 1	Column 2
	Hull Length	Additional Personal Life-saving Appliances
1	Not more than 6 m	a buoyant heaving line of not less than 15 m in length
2	More than 6 m but not more than 9 m	(a) a buoyant heaving line of not less than 15 m in length; or
		(b) a lifebuoy attached to a buoyant line of not less than 15 m in length
3	More than 9 m but not more than 12 m	(a) a buoyant heaving line of not less than 15 m in length; and
		(b) a lifebuoy attached to a buoyant line of not less than 15 m in length
4	More than 12 m but not more than 15 m	(a) a buoyant heaving line of not less than 30 m in length; and
		(b) a SOLAS lifebuoy that is equipped with a self-igniting light or that is attached to a buoyant line of not less than 30 m in length
5	More than 15 m	(a) a buoyant heaving line of not less than 30 m in length;
		(b) a SOLAS lifebuoy attached to a buoyant line of not less than 30 m in length; and
		(c) a SOLAS lifebuoy that is equipped with a self-igniting light

Buoyant heaving line

(2) A buoyant heaving line set out in the table to paragraph (1)(c) shall be fitted at one end with a buoyant mass that will assist in carrying out the end of the line when the line is thrown.

Visual Signals

Requirement to carry on board

3.27 (1) A fishing vessel that has a hull length set out in column 1 of the table to this subsection shall carry on board the visual signals set out in column 2.

TABLE

Item	Column 1	Column 2
	Hull length	Visual Signals
1	Not more than 6 m	(a) a watertight flashlight; and
		(b) three pyrotechnic distress signals other than smoke signals
2	More than 6 m but not more than 9 m	(a) a watertight flashlight; and
		(b) the following visual signals:
		(i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals other than smoke signals, or
		(ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals — other than smoke signals — of which at least two are rocket parachute flares
3	More than 9 m but not more than 12 m	(a) a watertight flashlight;
		(b) the following visual signals:
		(i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals of which not more than three are smoke signals, or
		(ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals of which at least two are rocket parachute flares and not more than three are smoke signals, which shall be buoyant smoke signals; and
		(c) a signalling mirror
4	More than 12 m but not more than 15 m	(a) a watertight flashlight;
		(b) the following visual signals:
		(i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or
		(ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least four are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and
		(c) a signalling mirror
5	More than 15 m	(a) a watertight flashlight;
		(b) the following visual signals:
		(i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or
		(ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least six are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and
		(c) a signalling mirror

Exception

(2) A fishing vessel is not required to carry on board pyrotechnic distress signals if the vessel is equipped with a two-way radio communication system that makes it possible to maintain communication and the vessel is operated

• (a) on a river, canal or lake where it cannot at any time be more than one nautical mile from the closest shore;
• (b) exclusively within the confines of a manned aquaculture facility; or
• (c) within 500 m from shore.

Expiry

(3) A pyrotechnic distress signal expires four years after its date of manufacture.

Life Rafts and Other Life-saving Appliances

Requirement to carry on board

3.28 (1) A fishing vessel that is engaged on a voyage set out in column 1 of the table to this subsection, and that has a hull length set out in column 2, shall carry on board the life-saving appliances set out in column 3.

TABLE

Item	Column 1	Column 2	Column 3
	Voyage	Hull Length	Other Life-saving Appliances
1	Unlimited	Any length	(a) two or more SOLAS life rafts or reduced capacity life rafts with a total capacity that is sufficient to carry, on each side of the vessel, the number of persons on board;
			(b) one recovery boat; and
			(c) an immersion suit of an appropriate size for each person on board
2	Near coastal voyage, class 1	Any length	(a) one or more SOLAS life rafts or reduced capacity life rafts with total a capacity that is sufficient to carry the number of persons on board; and
			(b) an immersion suit of an appropriate size for each person on board
3	Near coastal voyage, class 2	More than 12 m	(a) one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board;
			(b) an EPIRB, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999; and
			(c) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board
4	Near coastal voyage, class 2	Not more than 12 m	(a) one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board; or
			(b) the following equipment:
			(i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999, and
			(ii) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board
5	Sheltered waters voyage or near coastal voyage, class 2, restricted to 2 nautical miles	Any length	(a) one or more life rafts or recovery boats with a total capacity that is sufficient to carry the number of the persons on board; or
			(b) the following equipment:
			(i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999, and
			(ii) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board

Appliances or written procedures

(2) Instead of carrying on board the appliances referred to in subparagraph 5(b)(ii) of the table to subsection (1), a fishing vessel engaged on a sheltered waters voyage may carry on board appliances or written procedures, or a combination of both, for protecting all persons on board from the effects of hypothermia or cold shock resulting from swamping, capsizing or falling overboard.

Substitute for recovery boat

(3) A fishing vessel referred in subsection (1) is not required to carry on board a recovery boat if the vessel carries on board an emergency boat, a rescue boat, or a seine skiff that is ordinarily used in the fishing vessel’s fishing operations.

Requirements for life rafts

3.29 A life raft that is carried on board a fishing vessel shall

• (a) be marked with the date and place of last service;
• (b) be serviced, at the intervals set out in section 2 of Schedule IV to the Life Saving Equipment Regulations, at a service station that is accredited by the manufacturer of the life raft; and
• (c) except in the case of a coastal life raft that is packed in a valise-type container, be stored in a manner that allows it to automatically float free if the vessel sinks.
  

Requirements for recovery boats

3.3 A recovery boat that is carried on board a fishing vessel shall carry on board the following equipment:

• (a) a buoyant safety knife secured near the painter;
• (b) a bailer secured within the boat;
• (c) a set of oars or paddles, with locks, secured within the boat;
• (d) a boat hook;
• (e) a painter secured forward, or a quick release slip that can be operated under strain;
• (f) if there are plugholes, a plug for each plughole, secured near the plughole;
• (g) a buoyant heaving line of not less than 15 m in length;
• (h) a flash light with spare bulb and batteries;
• (i) a rustproof whistle;
• (j) two red hand flares; and
• (k) in the case of an inflatable boat, an air pump with fittings suitable for replenishing the inflated chambers.
  

Launching appliance

3.31 A life raft, emergency boat, recovery boat or rescue boat shall be equipped with a launching appliance, unless it is capable of being launched safely and rapidly by manual means.

Vessel Safety Equipment

Bailers and bilge pumps

3.32 (1) A fishing vessel that has a hull length of not more than 9 m shall carry on board a bailer or a manual bilge pump.

Manual bilge pump

(2) A fishing vessel that has a hull length of more than 9 m shall carry on board a manual bilge pump.

Dimensions — bailer

(3) The bailer referred to in subsection (1) shall be made of plastic or metal, have an opening of at least 65 cm² and have a capacity of at least 750 mL.

Manual bilge pump — piping and operation

(4) The manual bilge pump referred to in subsections (1) and (2) shall be

• (a) fitted with or accompanied by a sufficient length of piping or hose to enable water to be pumped from the bilge space of the fishing vessel over the side of the vessel; and
• (b) capable of being operated from a position above the deck of the fishing vessel.

Manual propelling device

3.33 A fishing vessel that has no deck or deck structure and that has a hull length of not more than 6 m shall carry on board a set of oars, a paddle or another device that uses human power to propel the vessel.

Anchoring and mooring equipment

3.34 (1) A fishing vessel shall carry on board

• (a) anchoring equipment that conforms to recommended practices and standards and that is arranged in such a way that the anchor can be deployed and retrieved effectively;
• (b) means to fix the anchor rope to the vessel and to protect the rope against chafing; and
• (c) equipment and fittings that are arranged in such a way that the vessel can be effectively secured alongside or moored.

Anchor dragging

(2) The anchoring equipment shall be resistant to dragging under normal operating conditions, taking into account the fishing vessel’s displacement and windage area.

Navigation Equipment

Illumination of compasses

3.35 (1) A compass that is required to be fitted on a fishing vessel under the Navigation Safety Regulations shall be capable of being illuminated.

Choice of compass

(2) A fishing vessel that has a hull length of not more than 8 m and that navigates within sight of seamarks shall either be fitted with a compass that meets the requirements of the Navigation Safety Regulations and that can be illuminated, or carry on board a hand-held compass.

Other navigation equipment

3.36 A fishing vessel

• (a) shall be equipped with means for determining the depth of water under the vessel, unless the vessel is fitted with lead lines in accordance with the Navigation Safety Regulations; and
• (b) shall carry on board a sound-signalling device, unless the vessel is carrying on board a sound-signalling appliance required by the Collision Regulations.
  

Firefighting Equipment

Requirement to carry on board

3.37 (1) A fishing vessel that has a hull length set out in column 1 of the table to this subsection shall carry on board the firefighting equipment set out in column 2 as indicated in that column.

TABLE

Item	Column 1	Column 2
	Hull Length	Firefighting Equipment
1	Not more than 6 m	(a) a 1A:5B:C portable fire extinguisher; and
		(b) a 1A:5B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance
2	More than 6 m but not more than 9 m	(a) a 2A:10B:C portable fire extinguisher;
		(b) a 2A:10B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance; and
		(c) a 10B:C portable fire extinguisher at the entrance to the engine space
3	More than 9 m but not more than 15 m	(a) a 2A:10B:C portable fire extinguisher;
		(b) a 2A:10B:C portable fire extinguisher at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance;
		(c) a 10B:C portable fire extinguisher at the entrance to the engine space;
		(d) a fire axe; and
		(e) a bucket
4	More than 15 m	(a) a 2A:20B:C portable fire extinguisher;
		(b) a 2A:20B:C portable fire extinguisher at the following locations:
		(i) at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance, and
		(ii) at the entrance to each accommodation space;
		(c) a 20B:C portable fire extinguisher at the entrance to the engine space;
		(d) a fire axe; and
		(e) two buckets

Exception

(2) A fishing vessel that is not power-driven and is not equipped with an electrical system is not required to carry on board a portable fire extinguisher set out in paragraphs 1(a), 2(a), 3(a) and 4(a) of the table to subsection (1).

Reduced number of portable fire extinguishers

(3) The total number of portable fire extinguishers that must be carried on board a fishing vessel may be reduced by one if the remaining fire extinguishers are arranged so as to be readily accessible near the equipment or locations referred to in paragraphs 1(b), 2(b) and (c), 3(b) and (c) and 4(b) and (c) of the table to subsection (1).

Bucket

(4) A bucket set out in paragraphs 3(e) and 4(e) of the table to subsection (1) shall have a capacity of 10 L or more and be fitted with a lanyard of sufficient length to reach the water from the location in which it is stored.

Portable fire extinguishers

3.38 (1) A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall

• (a) bear a mark indicating that it is certified for marine use by a product certification body; or
• (b) be of a type that is approved by the United States Coast Guard.
  

Imported vessel

(2) A portable fire extinguisher that is carried on board a fishing vessel imported into Canada and that does not meet the requirements of subsection (1) shall be certified for marine use by a product certification body or a classification society.

Classes of fires

3.39 In any reference in these Regulations to the classification of a portable fire extinguisher, the letters in the classification refer to the following classes of fires:

• (a) Class A fires, namely, fires that involve combustible materials such as wood, cloth, paper, rubber and plastic;
• (b) Class B fires, namely, fires that involve inflammable liquids, gases and greases;
• (c) Class C fires, namely, fires in energized electrical equipment, where the electrical non-conductivity of the extinguishing media is of importance; and
• (d) Class K fires, namely, fires in cooking appliances that involve combustible cooking media such as vegetable or animal oils or fats.

Exception

3.4 A fishing vessel may carry on board a portable fire extinguisher that is not marked with a classification set out in column 1 of the table to this section if the fire extinguisher contains an extinguishing agent that is set out in column 2, 3 or 4 and that is of a net weight that corresponds to the classification set out in column 1, and if the fire extinguisher meets the requirements of these Regulations in all other respects.

TABLE

	Column 1	Column 2		Column 3		Column 4
		Multi-purpose Dry Chemical (ammonium phosphate)		Regular Dry Chemical (sodium bicarbonate) (Class B and C fires only)		Carbon Dioxide (Class B and C fires only)
		Net Weight		Net Weight		Net Weight
Item	Classification	kg	lbs.	kg	lbs.	kg	lbs.
1	1A:5B:C	1.5	3
2	2A:10B:C	2.25	5
3	2A:20B:C	4.5	10
4	5B:C	1.5	3	1.5	3	2.25	5
5	10B:C	2.25	5	2.25	5	4.5	10
6	20B:C	4.5	10	4.5	10	9	20

Exceeds classification

3.41 A fishing vessel may carry on board a portable fire extinguisher that exceeds the classification set out for that fire extinguisher in this Division.

Extinguishing agent

3.42 (1) A portable fire extinguisher required by these Regulations to be carried on board a fishing vessel shall contain an extinguishing agent capable of extinguishing any potential fire in the compartment for which the fire extinguisher is intended, and shall not weigh more than 23 kg.

Alternative rating

(2) A portable fire extinguisher rated for Class B fires and required by these Regulations to be carried on board a fishing vessel may be replaced with a portable fire extinguisher rated for Class K fires if it is intended for use in an area with cooking appliances that use combustible cooking media.

Carbon dioxide fire extinguisher

(3) A portable carbon dioxide fire extinguisher shall be fitted with an electrically non-conductive horn.

Mounting

3.43 (1) A portable fire extinguisher set out in column 2 of the table to subsection 3.37(1) shall be mounted with a clamp or bracket that provides a quick and positive release.

Gas extinguishing agent

(2) A portable fire extinguisher intended for use in an accommodation space, or stored in an accommodation space, shall not contain a gas extinguishing agent.

DIVISION 3

Stability

Application

Application

3.44 (1) This Division applies in respect of a fishing vessel that is propelled or designed to be propelled by an engine.

Wooden vessels

(2) This Division does not apply in respect of a wooden fishing vessel that was designed to be human-powered but has been modified for propulsion by an outboard motor and

• (a) has no deck or deck structure;
• (b) is not mass produced; and
• (c) has been constructed following traditional methods that have been proven to be effective and reliable over time.

Stability Standards and Demonstration

Existing vessels — adequate stability

3.45 The stability and, if applicable, the buoyancy and flotation of an existing fishing vessel that is not required to undergo a stability assessment shall be adequate to safely carry out the vessel’s intended operations.

New vessels of more than 6 m but not more than 9 m

3.46 (1) The stability of a new fishing vessel that has a hull length of more than 6 m and not more than 9 m shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

Demonstration of conformity with standards

(2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the selected recommended practices and standards.

Some activities — consistency with good practices

(3) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

New vessels of not more than 6 m

3.47 (1) The stability of a new fishing vessel that has a hull length of not more than 6 m shall conform to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

Demonstration of conformity with TP 1332

(2) The authorized representative of the fishing vessel shall demonstrate, on the request of the Minister, that the stability of the vessel conforms to the standards for buoyancy, flotation and stability that are set out in Section 4 of TP 1332.

Some activities — consistency with good practices

(3) If Section 4 of TP 1332 does not contain standards respecting some of the activities of the fishing vessel, its authorized representative shall demonstrate, on the request of the Minister, that the stability of the vessel is adequate to safely carry out those activities, using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Stability Assessment and Stability Standards

Stability Assessment

Stability assessment required

3.48 (1) No person shall operate, or permit another person to operate, a fishing vessel in the following cases unless the vessel has successfully undergone a stability assessment conducted by a competent person:

• (a) the vessel has a hull length of more than 9 m and
  • (i) it is new, or
  • (ii) it has undergone a major modification or a change in activity that is likely to adversely affect its stability;
• (b) the vessel is an existing vessel of closed construction, is of more than 15 gross tonnage, is used for catching herring or capelin and, during the period beginning on July 6, 1977 and ending on the day before this Division comes into force,
  • (i) its keel was laid,
  • (ii) it was registered under Part 2 of the Canada Shipping Act, 2001, or under Part 1 the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985,
  • (iii) it was converted to herring or capelin fishing, or
  • (iv) it underwent any modifications that adversely affected its stability characteristics; or
• (c) the vessel is fitted with an anti-roll tank.
  

Type of assessment

(2) The fishing vessel may undergo either a full or a simplified stability assessment, but shall undergo a full stability assessment

• (a) if the vessel is carrying fish in bulk that exhibit free surface effect, unless
  • (i) the fish are carried in containers such as pails, boxes or tote tanks of which none exceed one third of the breadth of the vessel, or
  • (ii) the fish hold or deck is divided by two fishtight longitudinal divisions, secured in place;
• (b) if the vessel is carrying fish or liquids that exhibit free surface effect in containers such as live wells, tote tanks or tanked fish holds of which any exceed one third of the breadth of the vessel and
  • (i) are not designed to be used at maximum capacity only,
  • (ii) are not filled before the vessel’s departure or in calm waters, and
  • (iii) are not fitted with an alarm to indicate when the tank is not at maximum capacity;
• (c) if the vessel is fitted with an anti-roll tank; or
• (d) if the vessel is new and has a hull length of more than 18 m.
  

Major modification

(3) In this section, “major modification” means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability.

Stability Standards

Simplified stability assessment

3.49 (1) The stability of a fishing vessel that undergoes a simplified stability assessment shall conform to recommended practices and standards that are appropriate to the type of vessel and that take into account its intended operations.

Some activities — consistency with good practices

(2) If the selected recommended practices and standards do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Full stability assessment

3.5 (1) The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

Some activities — consistency with good practices

(2) If the standards set out in the IS Code do not take into account some of the activities of the fishing vessel, the impact of those activities on the stability of the vessel shall be assessed using first principles of naval architecture, appropriate testing, or any other method that is consistent with good practices for assessing the stability of a fishing vessel.

Persons and Organizations Competent to Conduct a Stability Assessment

Regulatory authorization — full or simplified stability assessment

3.51 The following persons and organizations are competent to conduct a full or simplified stability assessment:

• (a) an engineer who is a member in good standing of the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or a state of the United States;
• (b) a classification society; and
• (c) a person who has at least three years of postsecondary education in the field of naval architecture, who is a member in good standing of an order or an association of technologists or technicians of a province of Canada, and who has at least five years’ experience in the marine transportation industry.
  

Regulatory authorization — simplified stability assessment

3.52 (1) The following persons are competent to conduct a simplified stability assessment if they have received training, from a training institution or any other organization, in the application of the standards used to conduct a simplified stability assessment and if they have practical experience in the application of those standards:

• (a) a marine surveyor who is a member in good standing of a national association of accredited or certified marine surveyors of Canada or of the United States; and
• (b) a builder, manufacturer or rebuilder of fishing vessels.

Training with competent person

(2) A person who meets the following requirements is also competent to conduct a simplified stability assessment:

• (a) the person has received training from a competent person in the application of the standards used to conduct a simplified stability assessment; and
• (b) the person has, after receiving the training, acquired practical experience in the application of those standards.

Designation by Minister — full or simplified stability assessment

3.53 (1) The Minister shall designate a person or class of persons as competent to conduct a full or simplified stability assessment if the person or class of persons has received training in the application of the standards that will be used to conduct the assessment and has the knowledge and experience to conduct the assessment.

Contact information of applicant for designation

(2) A person who applies to the Minister to be designated as competent to conduct a full or simplified stability assessment shall provide the Minister with the person’s contact information.

Update of contact information

3.54 A person designated by the Minister as competent to conduct a full or simplified stability assessment shall provide the Minister with updated contact information as soon as possible.

Cancellation of designation

3.55 The Minister shall cancel the designation of a person or class of persons as competent to conduct a full or simplified stability assessment if the Minister has reasonable grounds to believe that the person or class of persons no longer meets the criteria for the designation or, in the case of a person, that the person has acted fraudulently in the performance of his or her duties.

Suspension of designation

3.56 The Minister shall suspend the designation of a person as competent to conduct a full or simplified stability assessment if the person does not provide the Minister with updated contact information.

Obligations — Competent Person

Assessment of compliance

3.57 A competent person who conducts a stability assessment for a fishing vessel shall

• (a) verify whether the vessel conforms to the stability standards that are applied to the vessel and, if those standards do not take into account some of the activities of the vessel, assess the impact of those activities on the stability of the vessel;
• (b) provide the authorized representative of the vessel, in English or French or in both, according to the needs of the crew, with a stability booklet in the case of a full stability assessment, or with a record of stability in the case of a simplified stability assessment, that sets out
  • (i) the stability standards that were applied to the vessel,
  • (ii) information, in the form and manner set out in the standards, respecting the stability characteristics of the vessel and, if those standards do not take into account some of the activities of the vessel, the results of the assessment of the impact of those activities on the stability of the vessel,
  • (iii) the vessel’s safe operating limits, and
  • (iv) a signed declaration confirming, on the basis of the information provided to the competent person by the authorized representative, that the stability characteristics of the vessel conform to the standards that were applied to vessel; and
• (c) prepare a stability notice for the vessel that sets out
  • (i) the stability standards that were applied to the vessel for the stability assessment,
  • (ii) a graphical representation, including a description or legend, of the operational practices necessary to operate the vessel within the safe operating limits set out in the vessel’s stability booklet or record of stability, and
  • (iii) a statement indicating whether the vessel has been assessed for operations in freezing spray conditions.
    

Obligations

Stability booklet or record of stability

3.58 (1) The authorized representative of a fishing vessel

• (a) shall provide the competent person who prepares the stability booklet or record of stability with information that sets out the configuration and activities of the vessel;
• (b) shall provide the Minister with a copy of the stability booklet or record of stability upon request; and
• (c) shall ensure that a copy of the stability booklet or record of stability is kept on board the vessel.
  

Transfer of ownership

(2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the vessel’s stability booklet or record of stability.

Safe operating limits

3.59 A fishing vessel shall be operated within its safe operating limits and in accordance with the information set out in the stability booklet or record of stability.

Stability Notice

Accessibility of and familiarity with stability notice

3.6 (1) The stability notice for a fishing vessel shall be posted in a conspicuous location on board the vessel, and the crew shall be familiar with its content.

Transfer of ownership

(2) When ownership of a fishing vessel is transferred, the authorized representative of the vessel shall provide the new owner with a copy of the stability notice for the vessel.

Operational Procedures

Written procedures

3.61 (1) If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.57(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

Written procedures carried on board

(2) The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

Draft Marks

Permanent draft marks

3.62 A fishing vessel that has undergone a full stability assessment shall be permanently marked, forward and aft, with draft marks or other means of accurately identifying the draft.

Population of Fishing Vessels

Request to Minister — group of authorized representatives

3.63 (1) A group of authorized representatives of fishing vessels may request to the Minister that a population of fishing vessels not be required to undergo a stability assessment if it demonstrates to the satisfaction of the Minister that

• (a) each vessel in the population is similar to a vessel representative of the population that has successfully undergone a full stability assessment; and
• (b) not requiring a stability assessment for each vessel will not decrease the level of safety of the population.

Factors — similar vessels

(2) A fishing vessel in a population of fishing vessels is similar to the vessel representative of the population if

• (a) it is operated or is to be operated in the same fishery, in the same environmental conditions and with the same fishing gear as the representative vessel;
• (b) its physical characteristics are similar to those of the representative vessel; and
• (c) its stability characteristics are equivalent to those set out in the stability booklet of the representative vessel.

Content of request

3.64 The request referred to in section 3.63 shall be submitted in the form and manner established by the Minister, and shall include the following documents and information in order to demonstrate to the satisfaction of the Minister that the conditions set out in paragraphs 3.63(1)(a) and (b) are met:

• (a) data relating to any accidents and incidents that have been reported under the Transportation Safety Board Regulations in respect of each vessel in the population and in respect of any other fishing vessel similar to the representative vessel;
• (b) a copy of the stability booklet of the representative vessel;
• (c) an analysis of the likelihood that a stability-related accident or incident will occur if a stability assessment is not conducted for each vessel in the population, which analysis shall be based on
  • (i) the similarity of each vessel in the population to the representative vessel,
  • (ii) the nature of the risks to which the vessels in the population and persons on board are exposed,
  • (iii) the accident and incident history of the vessels in the population and any other similar vessels,
  • (iv) the operating parameters of each vessel in the population, and
  • (v) the information contained in the stability booklet of the representative vessel; and
• (d) a description of the measures that are proposed in order to decrease the likelihood, or mitigate the consequences, of a stability-related accident or incident identified in the analysis.
  

Minister — assessment of request

3.65 (1) To determine whether the fishing vessels in a population of fishing vessels are not required to undergo a stability assessment, the Minister must be satisfied, on the basis of the documents and information submitted in the request, and the extent to which the operating parameters of each vessel in the population are equivalent to those of the representative vessel, that the conditions set out in paragraphs 3.63(1)(a) and (b) are met.

Decision of Minister

(2) If the Minister determines that the conditions set out in paragraphs 3.63(1)(a) and (b) are met, the Minister shall send to the authorized representative of each fishing vessel in the population of fishing vessels a document informing the authorized representative of the decision.

Conditions and exemption

3.66 None of the fishing vessels in a population of fishing vessels are required to undergo a stability assessment referred to in section 3.48 or to meet the related requirements set out in sections 3.49 to 3.62 if each vessel in the population

• (a) carries on board the document referred to in subsection 3.65(2);
• (b) is operated within the operating parameters referred to in subparagraph 3.64(c)(iv); and
• (c) is operated in accordance with the proposed measures referred to in paragraph 3.64(d).

Operating parameters

3.67 (1) The authorized representative of each fishing vessel in a population of fishing vessels that is not subject to the requirement referred to in section 3.66 shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, for the operation of the vessel in accordance with the operating parameters referred to in subparagraph 3.64(c)(iv) and the proposed measures referred to in paragraph 3.64(d).

Written procedures carried on board

(2) The written procedures shall be carried on board the fishing vessel, and the crew shall be familiar with their content.

3 Sections 5 to 8 of the Regulations are replaced by the following:

5 (1) This Part applies in respect of a fishing vessel of more than 15 gross tonnage.

(2) Sections 9 and 11 to 28 apply only to a new fishing vessel.

4 Subsection 9(14) of the Regulations is replaced by the following:

(14) Subject to subsection (15), the piping for bilge pumps on a fishing vessel shall be of steel, bronze or other material that is suitable for the purpose, and the joints for such piping shall be flanged or screwed.

5 (1) Paragraph 10(1)(h) of the Regulations is replaced by the following:

• (h) a fuel tank having a capacity exceeding 114 L shall be tested hydrostatically, on completion of its construction, to a head of at least 2.44 m above the crown or to the maximum head to which the tank will be subjected, whichever is the greater, and a written statement from the manufacturer shall be provided to the Minister certifying that the hydrostatic test described in this paragraph has been carried out and that no defects were revealed; and

(2) Subsection 10(4) of the Regulations is replaced by the following:

(4) Glass tubing shall not, on a fishing vessel, be used as a gauge glass on a fuel tank that has a capacity of more than 114 L or on any fuel tank that contains fuel having a flashpoint of less than 52°C (Pensky-Marten closed cup), but flat glass gauges of a type approved by a product certification body or a marine classification society may be used on any fuel tank if they are fitted with self-closing cocks or valves.

6 (1) Subsection 12.1(2) of the Regulations is repealed.

(2) Subsections 12.1(4) and (5) of the Regulations are repealed.

7 Subsection 13(4) of the Regulations is replaced by the following:

(4) All exhaust pipes on a fishing vessel shall be well secured, shall be clear of all woodwork and other combustible materials, and, if there is a risk of contact with heated surfaces, shall be covered with lagging.

8 Subsection 15(5) of the Regulations is replaced by the following:

(5) Suction and discharge valves and cocks on a wooden fishing vessel shall be attached to the hull by the methods shown in Schedule VII or by any other method that conforms to the recommended practices and standards.

9 Subsection 18(3) of the Regulations is replaced by the following:

(3) Where the propulsion shafting of a fishing vessel is not driven by a diesel or gasoline engine, the size of the intermediate shaft shall conform to the recommended practices and standards.

10 Subsection 19(4) of the Regulations is replaced by the following:

(4) Where the propulsion shafting of a fishing vessel is not driven by a diesel or gasoline engine, the size of the tailshaft shall conform to the recommended practices and standards.

11 Subsection 20(1) of the Regulations is replaced by the following:

20 (1) Subject to subsection (2), a test certificate in respect of the material used to make the intermediate shaft or tailshaft of a fishing vessel, issued by the manufacturer of that material, shall be provided to the Minister upon request.

12 Section 24 of the Regulations is amended by adding the following after subsection (1):

(1.1) The main transverse watertight bulkheads may be constructed otherwise than in accordance with Schedule III if they provide at least equivalent strength and watertightness.

13 Section 24.1 of the Regulations is replaced by the following:

24.1 Every fishing vessel carrying fish in bulk that exhibit free surface effect shall be provided with both longitudinal and transverse portable fish hold divisions that meet the requirements of in Schedule VIII.

14 Paragraph 27(4.3)(b) of the Regulations is replaced by the following:

• (b) in respect of a fishing vessel where a second means of escape is not practicable due to the size limitations or spatial layout of a crew space or an area in which the crew may be normally employed.

15 Subsection 28(2) of the Regulations is replaced by the following:

(2) The bulwarks, rails, chains and wire rope referred to in subsection (1) may be portable or be dispensed with in places where they would interfere with the fishing operations of the vessel.

16 Section 29 of the Regulations and the heading before it are repealed.

17 The heading before section 30 and sections 30 to 34.1 of the Regulations are repealed.

18 Sections 35 to 37 of the Regulations are repealed.

19 Subsection 38(5) of the Regulations is replaced by the following:

(5) Subject to subsection (6), the piping for a fire pump on a fishing vessel shall be of steel, bronze or other material that is suitable for the purpose, and the joints for such piping shall be flanged or screwed.

20 Subsection 39(2) of the Regulations is replaced by the following:

(2) Wooden bulkheads behind cooking or heating appliances on a fishing vessel shall be insulated if space constraints do not allow the free circulation of air all around and below the appliance.

21 The heading before section 40 and sections 40 to 43 of the Regulations are repealed.

22 Subsection 43.1(1) of the Regulations is replaced by the following:

43.1 (1) Every fishing vessel, other than one certified to operate only between sunrise and sunset, shall be fitted with permanent or portable lights capable of illuminating the launching stations and stowage positions of all life rafts, emergency boats, recovery boats or rescue boats for at least one hour.

23 Section 44 of the Regulations and the heading before it are repealed.

24 Subsection 44.1(1.1) of the Regulations is repealed.

25 The heading before section 45 and sections 45 to 51 of the Regulations are repealed.

26 Sections 52 to 55 of the Regulations are replaced by the following:

52 This Part applies in respect of a fishing vessel of not more than 15 gross tonnage.

27 Subsections 56(2) to (5) of the Regulations are repealed.

28 Schedule I to the Regulations is repealed.

29 The second paragraph of Schedule III to the Regulations before the table is repealed.

30 The paragraph of Schedule III to the Regulations after the table is repealed.

31 Schedules IV to VI to the Regulations are repealed.

32 The title to Schedule VII to the Regulations is replaced by the following:

Methods of Attaching Sea Connections to Wooden Hulls

33 Schedule IX to the Regulations is repealed.

34 The Regulations are amended by adding, after Schedule VIII, the Schedule X set out in the schedule to these Regulations.

35 The French version of the Regulations is amended by replacing “bateau” and “bateaux” with “bâtiment” and “bâtiments”, respectively, in the following provisions:

• (a) the heading of Part I;
• (b) subsections 9(1) to (13);
• (c) the portion of subsection 10(1) before paragraph (a), subsections 10(2) and (5) to (7), the portion of subsection 10(8) before paragraph (a) and subsection 10(10);
• (d) sections 11 and 12;
• (e) the portion of subsection 12.1(1) before paragraph (a) and subsection 12.1(3);
• (f) the portion of section 12.2 before paragraph (a);
• (g) subsection 12.3(1) and the portion of subsection 12.3(2) before paragraph (a);
• (h) subsections 13(1) to (3);
• (i) section 14;
• (j) subsection 15(1), paragraph 15(2)(c), subsection 15(3) and the portion of subsection (4) before paragraph (a);
• (k) the portion of section 16 before paragraph (a) and paragraph 16(b);
• (l) the portion of section 17 before paragraph (a), the column heading “Longueur du bateau, en mètres” in the table to paragraph 17(a) and the description of V in paragraph 17(b);
• (m) the portion of subsection 18(1) before paragraph (a) and subsection 18(2);
• (n) the portion of subsection 19(1) before paragraph (a), the portion of subsection 19(2) before paragraph (a) and subsection 19(3);
• (o) subsection 20(2);
• (p) the portion of subsection 21(1) before paragraph (a) and the portion of subsection 21(2) before paragraph (a);
• (q) sections 22 and 23;
• (r) subsection 24(1) and paragraphs 24(2)(a) and (b);
• (s) sections 25 and 26;
• (t) subsections 27(1) and (2), paragraphs 27(3)(a) and (b), subsections 27(4) and (4.1), paragraph 27(4.3)(a) and subsections 27(5) to (7);
• (u) subsection 28(1);
• (v) subsections 38(1) and (4);
• (w) subsections 39(1) and (3);
• (x) subsection 43.1(2);
• (y) subsections 44.1(1) and (1.2);
• (z) the heading of Part II;
• (z.1) the portion of subsection 56(1) before paragraph (a), the portion of subsection 56(6) before paragraph (a), subsection 56(7) and the portion of subsection 56(8) before paragraph (a);
• (z.2) the first paragraph of Schedule III before the table; and
• (z.3) section 1 of Schedule VIII.

Consequential Amendments

Ship Station (Radio) Regulations, 1999

36 The definition survival craft in subsection 1(1) of the Ship Station (Radio) Regulations, 1999 (see footnote 2) is replaced by the following:

survival craft means a survival craft within the meaning of the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations. (bateau de sauvetage)

37 Section 12 of the Regulations is replaced by the following:

12 One of the SARTs required to be on board a ship under the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations shall be stowed so that it is readily accessible for immediate use on the ship.

Ship Station (Radio) Technical Regulations, 1999

38 The definition survival craft in subsection 1(1) of the Ship Station (Radio) Technical Regulations, 1999 (see footnote 3) is replaced by the following:

survival craft means a survival craft within the meaning of the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations. (bateau de sauvetage)

39 The portion of subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

2 (1) These Regulations apply in respect of a ship station, including radio equipment, documentation and other equipment for the station, required under the Ship Station (Radio) Regulations, 1999, the Life Saving Equipment Regulations, the Large Fishing Vessel Inspection Regulations or the Fishing Vessel Safety Regulations to be on board

40 Subsection 49(2) of the Regulations is replaced by the following:

(2) A SART required to be on board a ship under the Ship Station (Radio) Regulations, 1999, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations shall be inspected and tested by a radio operator on installation and at least once every six months after the installation, in accordance with the manufacturer’s instructions.

41 The Regulations are amended by replacing “Small Fishing Vessel Inspection Regulations” with “Fishing Vessel Safety Regulations” in the following provisions:

• (a) paragraph 25(2)(b); and
• (b) subsection 49(1).

Small Vessel Regulations

42 Paragraph 8(1)(b) of the Small Vessel Regulations (see footnote 4) is replaced by the following:

• (b) a first aid kit that meets the requirements of the Maritime Occupational Health and Safety Regulations or of provincial regulations governing workers’ compensation, with the addition of a resuscitation face shield and two pairs of examination gloves if the kit is not required to contain them.

43 The title of the table to section 14 of the Regulations is replaced by the following:

TABLE

44 Subsection 1002(2) of the Regulations is replaced by the following:

(2) No person shall permit fuel or oil to be discharged from a vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in the Vessel Pollution and Dangerous Chemicals Regulations.

Coming into Force

45 These Regulations come into force on the first anniversary of the day on which they are published in the Canada Gazette, Part II.

SCHEDULE

(Section 34)

SCHEDULE X

(Subsection 3.19(2))

Safety Equipment Standards and Tests

Immersion Suits

1 The standards and tests for an immersion suit are

• (a) those set out in sections 3 to 9 of Canadian General Standards Board Standard CAN/CGSB-65.16-2005, Immersion Suit Systems; or
• (b) those set out in section 2.3 of the LSA Code, when the immersion suit is tested in accordance with section 3 of Part 1 of IMO Resolution MSC.81(70) without the use of a lifejacket.
  

Anti-exposure Suits

2 The standards and tests for an anti-exposure suit are

• (a) those set out in sections 9.2 to 9.4 and 9.6 of Canadian General Standards Board Standard CAN/CGSB-65.21-95, Marine Anti-exposure Work Suit Systems;
• (b) those set out in Canadian General Standards Board Standard CAN/CGSB-65.7-2007, Life Jackets, in the case of a Class 1 or Class 2 lifejacket that provides Category IV thermal protection; or
• (c) those set out in section 2.4 of the LSA Code, when the anti-exposure suit is tested in accordance with section 3 of Part 1 of IMO Resolution MSC.81(70).
  

Recovery Boats

3 The standards for a recovery boat are

• (a) those set out in paragraphs 7.3.1.2(a) to (l) of Part 1 of Chapter VII of TP 14475; and
• (b) those set out in TP 1332, for non-pleasure craft, in the case of a recovery boat that is motorized or built to accommodate a motor.
  

Emergency Boats and Rescue Boats

4 The standards and tests for an emergency boat and a rescue boat are those set out in Schedule VII of the Life Saving Equipment Regulations.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Background

Commercial fishing is one of the most dangerous occupations in Canada due to the conditions in which fishing vessels are operated (type of voyage, weather, etc.). Between 2009 and 2013, 40% of all marine accidents were attributed to fishing vessels (approximately 134 per year), and between 1999 and 2012, an average of 13 fishing vessel fatalities were reported (16 in 2013).

The Transportation Safety Board of Canada (TSB) has made numerous recommendations to address safety on board fishing vessels — it has issued more than 40 recommendations on this issue since 1992. Since 2010, the TSB also publishes the “Watchlist.” The TSB Watchlist, published every two years, identifies the safety issues that pose the greatest risk to Canadians. It is important to note that the loss of life on fishing vessels has been an item on the TSB Watchlist since its inception in 2010, including the 2014 Watchlist, which called upon Transport Canada (TC) to update its regulations governing fishing vessels and federal, provincial, and fishing safety representatives to collaborate to promote a safety culture in the fishing industry.

The current requirements pursuant to the Canada Shipping Act, 2001 (CSA, 2001) that govern small and large fishing vessels (see footnote 1) are in the Small Fishing Vessel Inspection Regulations and the Large Fishing Vessel Inspection Regulations.

Issues

Despite the combined efforts of Government and industry, the number of accidents, incidents, and fatalities on fishing vessels remains unacceptably high. The main contributors to these accidents, incidents, and fatalities are vessel stability (the ability of a vessel to stay upright in all operating conditions), unsafe operating practices, and safety equipment (which includes firefighting and life-saving equipment). Between 1999 and 2010, 58% of deaths occurred due to stability-related accidents such as capsizing, flooding, foundering or sinking. During the same period, 27% of all fishing fatalities resulted from a person falling overboard and in some cases being unable to re-board the vessel. These main causes have remained fairly consistent over time and must be addressed through efficient mitigating measures to reduce the high number of accidents, incidents, and fatalities.

Many TSB recommendations are still open even though the Minister of Transport has officially responded to them as per the appropriate statutory requirements. These active recommendations were issued following high profile accidents such as the capsizing of the Cap Rouge II, the Ryans Commander, and the Melinda & Keith II. For instance, one recommendation is that unsafe practices be addressed by means of a code of best practices for small fishing vessels, including loading and stability (i.e. recommendation M03-07, which was issued after the capsizing of the Cap Rouge II in 2003).

The regulations that govern fishing vessels are more than 40 years old and have not kept pace with industry best practices and technological developments. For example, fishing vessels are currently required to have fire buckets (a bucket to fill with water) and sand on board for firefighting. In addition, only herring and capelin vessels are required to demonstrate vessel stability, and there are no required safe operating procedures to help operators safely carry out their intended operations. The fact that commercial fishing vessels are required to have a lower number of less capable equipment items and procedures than pleasure craft of similar size, despite the more hazardous area of operations and risk associated with commercial fishing, illustrates how outdated these requirements are. Finally, technological advancements and changes to the nature of fishing operations (e.g. vessels repurposed for multiple fisheries and vessels modified from their original designs to fish further from shore) and fluctuations in fish stocks have drastically changed the fishing industry.

Finally, to date, non-regulatory measures have not been successful in decreasing the number of fishing vessel incidents, accidents and casualties. For example, Transport Canada published a number of Safety Advisory Bulletins and signed memoranda of understanding (MOU) regarding safety at sea with the Department of Fisheries and Oceans (DFO) and the Workers’ Compensation Board of British Columbia. The industry has also led education and awareness activities to promote safety on board fishing vessels (such as Fish Safe BC, in British Columbia), but these efforts have been undertaken locally and have not successfully been implemented equally across Canada. In the absence of any regulatory intervention, fishing vessels would continue to be regulated by the current regulations governing fishing vessels, and the safety risks faced by Canadian fishers would continue to be inadequately mitigated.

Objectives

The first objective of the amendments to the regulations governing fishing vessels is to help in lowering the two primary causes of fatalities on commercial fishing vessels as reported by the TSB: stability-related accidents (58% of fatalities) and falling overboard (27% of fatalities).

The second objective is to address the majority of the TSB recommendations. Finally, the third objective of these amendments is to ensure Transport Canada’s regulatory regime can adapt to technological changes. Consequently, TC is introducing a comprehensive safety regime for fishing vessels based on risk, regardless of size or tonnage, to reduce the number of accidents and to increase survivability when they do occur. These amendments are designed to contribute to the promotion of a safety culture by modernizing the requirements for fishing vessels without creating unnecessary economic barriers or undue hardship to fishers or communities that depend on fishing.

Description

Transport Canada is amending the regulations governing fishing vessels in a phased approach to introduce a comprehensive safety regime for fishing vessels based on risk, regardless of size or tonnage. Phase 1 of the amendments consists of amendments to the Small Fishing Vessel Inspection Regulations that updates and enhances the current safety equipment and vessel stability requirements and introduces safe operating procedures for small fishing vessels. It also amends the name of the Small Fishing Vessel Inspection Regulations to the Fishing Vessel Safety Regulations. Phase 1 of these amendments applies to fishing vessels that are not more than 24.4 m in length (see footnote 2) and not more than 150 gross tonnage. Phase 2 will update the current construction requirements for small fishing vessels; and Phase 3 will introduce the requirements of the International Maritime Organization (IMO) Cape Town Agreement (with appropriate Canadian modifications) for large fishing vessels.

The amendments are risk-based. Risk is determined based on a vessel’s hull length, (see footnote 3) type of operation, and types of voyage. Therefore, small fishing vessels with the highest risk need to meet more stringent requirements, while small fishing vessels with very low risk are subject to the least regulatory intervention. For example, a small fishing vessel conducting operations farther from shore is required to have more safety equipment items than a small fishing vessel conducting operations close to shore. It should be noted that the requirements provided below are solely examples.

The new requirements pertain to three main topics: safe operating procedures, safety equipment, and vessel stability.

Safe operating procedures

The new provisions on safe operating procedures require all small fishing vessels to develop safe operating procedures in writing (in English or in French, or in both, according to the needs of the crew), and to implement them to familiarize the persons on board the fishing vessel with the following:

• the location and use of all safety equipment;
• all of the measures that must be taken to protect persons on board, in particular measures to prevent persons from falling overboard; measures to retrieve persons who have fallen overboard; measures to protect limbs from rotating equipment, and measures to avoid ropes, docking lines, nets, and other fishing equipment that may pose a safety hazard to persons on board;
• in the case of beam trawling and purse seining operations, the quick release of loads that can be activated in an emergency;
• all of the measures that must be taken to prevent fires and explosions on the vessel;
• if the vessel has a deck or deck structure, all of the measures that must be taken to maintain watertightness and weathertightness and to prevent flooding of the interior spaces of the hull or, if the vessel has no deck or deck structure, all the measures that must be taken to prevent swamping of the vessel;
• all of the measures that must be taken to ensure safe loading, stowage and unloading of fish catches, baits, and consumables; and
• the operation of towing and lifting equipment and the measures that must be taken to prevent overloading of the vessel.

Drills on the safety procedures need to be held to ensure that the crew is at all times proficient in carrying out those procedures, and a record needs to be kept of every drill.

Safety equipment

All small fishing vessels are subject to the updated safety equipment requirement. They require small fishing vessels to have firefighting equipment (e.g. different types of portable fire extinguishers) and modernized life-saving equipment (e.g. life raft, immersion suits, lifebuoys) on board. Personal life-saving appliances are required for all small fishing vessels according to their hull length. There are different requirements for small fishing vessels that have a hull length of not more than 6 m, more than 6 m but not more than 9 m, more than 9 m but not more than 12 m, more than 12 m but not more than 15 m, and more than 15 m.

For example, a small fishing vessel that has a hull length of not more than 6 m is required to carry on board a buoyant heaving line of not less than 15 m in length. In contrast, a small fishing vessel that has a hull length of more than 15 m in length is also required to carry on board a buoyant heaving line of not less than 30 m in length, have an International Convention of the Safety of Life at Sea (SOLAS) lifebuoy attached to a buoyant line of not less than 30 m in length as well as a SOLAS lifebuoy that is equipped with a self-igniting light.

Life rafts and other life-saving appliances are required based on the class of voyage and hull length of small fishing vessels, namely, unlimited voyage; near coastal voyage, class 1; near coastal voyage, class 2 (for small fishing vessels that have a hull length of not more than 12 m); near coastal voyage, class 2 (for small fishing vessels that have a hull length of more than 12 m); sheltered waters voyage; and near coastal voyages, class 2, that are restricted to two miles.

For instance, a small fishing vessel that engages in an unlimited voyage (see footnote 4) is required to have two or more SOLAS life rafts or reduced capacity life rafts with a total capacity that is sufficient to carry, on each side of the vessel, the number of persons on board; one recovery boat; and an immersion suit of an appropriate size for each person on board. In contrast, a small fishing vessel engaged in a near coastal voyage, class 1, (see footnote 5) is only required to carry one or more SOLAS life rafts or reduced capacity life rafts with a total capacity that is sufficient to carry the number of persons on board and an immersion suit of an appropriate size for each person on board.

These new requirements differ from the previous life-saving requirements, which were based on tonnage, length, and construction type. For example, every fishing vessel of closed construction not exceeding 12.2 m in length was previously required to carry one approved life jacket for each person on board and one approved lifebuoy fitted with 27 m of line (among other requirements). These new requirements are based on risk and are also easier to measure (as the construction and tonnage are not taken in consideration for the purposes of these requirements).

The requirements for firefighting equipment are based on vessel hull length. There will be different requirements for small fishing vessels that have a hull length of not more than 6 m, more than 6 m but not more than 9 m, more than 9 m but not more than 15 m, and more than 15 m. For example, a small fishing vessel no more than 6 m in hull length is required to have a 1A:5B:C portable fire extinguisher and a second 1A:5B:C fire extinguisher if it is equipped with a fuel-burning cooking, heating, or refrigerating appliance.

These new requirements differ from the previous firefighting equipment requirements, which were based on length and construction. For example, fishing vessels not exceeding 12.2 m in length if of closed construction were previously required to carry a 4.5 L foam extinguisher (among other requirements). The new requirements are based on risk and are also easier to measure as they use the classifications of fire extinguishers as opposed to the net weight of the foam in fire extinguishers.

Stability requirements

The stability and, if applicable, the buoyancy and flotation (see footnote 6) of small existing fishing vessels that have a hull length of not more than 24.4 m and not more than 150 gross tonnage that are not required to undergo a stability assessment are required to be adequate for the vessels to safely carry out their intended operations.

Small new fishing vessels that have a hull length of not more than 6 m are required to be compliant with the standards for buoyancy, flotation and stability set out in section 4 of TP 1332 (Construction Standards for Small Vessels, published by the Department of Transport). Small new vessels that have a hull length of more than 6 m but not more than 9 m are required to be compliant with recommended practices and standards according to their vessel type and their intended operations.

Recommended practices and standards as defined in the amendments are published by any marine classification society (such as Lloyd’s Register, American Bureau of Shipping, Det Norske Veritas — Germanischer Lloyd), standards development organization (such as the International Organization for Standardization), industrial or trade organization, government, and government agency or international body (such as the International Maritime Organization or any foreign national standards organization). These recommended practices can be found on the Web sites of the organizations mentioned above, in classification society rules, and through fishing vessel safety associations (among other means). The latest versions of these publications should be used to ensure they accurately reflect vessel types and their intended operations. In other words, small fishing vessels that are new and not more than 9 m in hull length are not required to have a formal stability assessment, while small fishing vessels that are new and have a hull length from 9 to 24.4 m are required to have one.

Stability assessments are an evaluation of a vessel’s stability. A full stability assessment consists of inclining the vessel (i.e. shifting weights transversely across the deck of a vessel through a known distance) and developing a stability booklet, which is an essential tool for operators to understand the operational limits of their vessels and load them in a safe manner to avoid the risks associated with swamping, capsizing, foundering, and sinking. The same is true of a simplified stability assessment, except the testing process and documentation produced are simpler and less involved from an engineering perspective, and the cost is reduced. Determining whether a stability assessment must be full or simplified depends on the operational risks of the vessel.

Stability assessments, full or simplified, are required for small new fishing vessels that have a hull length of more than 9 m; small existing fishing vessels that have a hull length of more than 9 m that undergo a major modification (see footnote 7) or a change in activity that is likely to affect their stability; existing fishing vessels more than 15 gross tonnage that are used for catching herring or capelin (and during the period beginning on July 6, 1977, and ending on the day before this Division comes into force, their keel were laid; they were registered under Part 2 of the Canada Shipping Act, 2001, or under Part 1 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985; they were converted to herring or capelin fishing or they underwent any modifications that adversely affected their stability characteristics); or fishing vessels that are fitted with an anti-roll tank. Small fishing vessels are required to undergo a full stability assessment if they carry fish in bulk that exhibit free surface effects (among other technical requirements), if they are fitted with an anti-roll tank, or if they are new and have a hull length of more than 18 m. The vessel stability assessments requirements are mandatory only for a portion of the small fishing vessel fleet, to focus on the future generations of small fishing vessels.

The amendments also allow for an exemption to the vessel stability assessment requirements for populations of similar small fishing vessels. A group of authorized representatives applying for an exemption need to demonstrate that a population of fishing vessels is not required to undergo a stability assessment because each vessel in the population is similar to a vessel representative of the population and because the group can demonstrate that not requiring each vessel to be assessed does not decrease the level of safety of the vessel population. Once those criteria are met, only the vessel representative of the population is required to undergo a full stability assessment.

Fishing vessel owners have up to one year to familiarize themselves with these new requirements and become compliant with Phase 1 of the Fishing Vessel Safety Regulations.

Regulatory and non-regulatory options considered

Both regulatory and non-regulatory options were considered for this regulatory proposal. To date, non-regulatory measures have not been successful in decreasing the number of fishing vessel incidents, accidents and casualties. For example, Transport Canada published a number of safety advisory bulletins and signed a Memoranda of Understanding (MOU) regarding safety at sea with the Department of Fisheries and Oceans (DFO) and the Workers’ Compensation Board of British Columbia. Industry has also led education and awareness activities to promote safety on board fishing vessels (e.g. Fish Safe BC, in British Columbia). Fish Safe BC, for example, implements a successful fishing industry-driven program for improving safety on board commercial fishing vessels, but these efforts have been undertaken locally and have not been implemented equally across Canada. Transport Canada is therefore amending the regulations governing fishing vessels to ensure its regulatory regime can adapt to technological changes, reduce the number of casualties, and address the majority of the Transportation Safety Board’s recommendations.

The first regulatory option considered was to put forward the amendments as a phased approach. This option has numerous benefits in that it facilitates the implementation process in the fishing industry and ensures the mitigating measures to increase safety aboard fishing vessels are put in place without delay, which addresses the majority of TSB recommendations.

The second regulatory option considered was to introduce the complete amendments to the current regulations at the same time. This option would have taken more time to implement than the first option, since all of the construction requirements for small and large fishing vessels would also have to be completed simultaneously to the safety equipment, vessel stability and safe operation procedures requirements. Transport Canada has decided to use the first option (the phased approach) to increase safety in the fishing industry in a timely manner.

Transport Canada has put forward two official proposals pursuant to Phase 1 of the amendments. (see footnote 8) The first proposal introduced the same requirements for safety equipment and safe operational procedures as the revised proposal (and as described in the “Description” section of this Regulatory Impact Analysis Statement [RIAS]), but proposed a different application to the vessel stability requirements — the initial proposal required that all small fishing vessels above 9 m in hull length have stability assessments (as opposed to solely small new fishing vessels that have a hull length of more than 9 m; small fishing vessels that have a hull length of more than 9 m that undergo a major modification or a change in activity that is likely to affect their stability; small existing fishing vessels of more than 15 gross tonnage that are used for catching herring or capelin [and, during the period beginning on July 6, 1977, and ending on the day before this Division comes into force, their keel was laid; they were registered under Part 2 of the Canada Shipping Act, 2001 or under Part 1 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985; they were converted to herring or capelin fishing or they underwent any modifications that adversely affected their stability characteristics]; or small fishing vessels that are fitted with an anti-roll tank). The table below demonstrates the change in costs for the vessel stability requirements and the number of vessels these requirements apply to from the initial to the revised proposal.

Stability testing costs (present value over 10 years)	Initial Proposal	Revised Proposal
No assessment (exemption of populations of vessels)	$498,567	$23,131
Simplified assessment	$12,281,118	$599,760
Full assessments	$4,013,434	$545,113
Costs of failed stability tests	$4,801,557	—
Total stability costs	$21,594,676	$1,168,003
Total number of vessels	15 695	825

The revised proposal for Phase 1 of the amendments consists of a holistic approach combining both regulatory and non-regulatory initiatives. In terms of regulatory initiatives, Transport Canada is amending the Small Fishing Vessel Inspection Regulations by introducing mandatory requirements for vessel stability, safety equipment and safe operating procedures.

Transport Canada is undertaking two major non-regulatory initiatives that will support these amendments and thereby contribute to the benefits of this regulatory proposal. First, the guidelines on adequate stability and major modification or change in activity expand on these concepts and help vessel owners understand their regulatory obligations. Second, the creation of the Small Vessel Compliance Program – Fishing ensures oversight and proper implementation of these amendments. After extensive consultation with stakeholders, this approach was deemed to be the best option, given that the cost of meeting the mandatory vessel stability assessment requirements for the majority of the existing fleet was considered too high.

Benefits and costs

Transport Canada conducted an analysis of the benefits and costs to assess the impacts of Phase 1 of the amendments on the fishing vessel industry and the federal government. A discount rate of 7% and constant 2012 Canadian dollars are used throughout the analysis, which was undertaken for the period of 2016 to 2025. The full cost-benefit analysis is available upon request.

Costs

All small fishing vessels are required to develop and implement safe operating procedures. No costs are associated with the safe operating procedures — these requirements are already integrated into the everyday operations of the vessels and are, for the most part, already being implemented through written plans. Numerous guidelines are available to fishing vessel owners and operators to draw from to develop these procedures. Safe operating procedures help fishing vessel owners and operators better manage safety on board their vessels, thereby reducing the overall incidents and accidents as well as the maintenance costs.

All small fishing vessels are required to enhance their firefighting and life-saving equipment (i.e. almost 20 000 vessels). Personal life-saving appliances are required for all small vessels according to their hull length, and life rafts and other life-saving appliances are required based on the class of voyage of a vessel. More than 20 000 life-saving appliances are needed across the fishing vessel fleet — the cost of each of these additional life-saving appliances is estimated to be between $650 and $2,806. Finally, firefighting equipment is based on vessel hull length. The cost measures are estimated to be between $10 and $50 per firefighting equipment piece, with a total of more than 25 000 to be added across the fishing vessel fleet. The present value of the total cost of safety equipment is estimated to be $13.7 million over the 10-year period, which corresponds to an annualized cost of $1.9 million. Safety equipment costs are one-time costs that are assumed for year two of this period of analysis.

Since vessel stability requirements are only introduced to a portion of the small fishing vessel fleet, the cost is integrated in the overall construction cost of the new vessel and is considered negligible as a stand-alone cost. It is estimated that 825 new vessels will require stability assessments over 10 years. These assessments cost between $1,360 and $6,055, depending on the required assessment. The present value of the average cost over a 10-year period, per small fishing vessel, is approximately $712 if the vessel is not required to undergo a stability assessment and $2,878 if it is required to do so. Fishing vessel owners could also apply to have their vessels included in a traditional, very low risk fleet in order for their vessels to not be required to have a full or simplified stability assessment. The present value of the total cost of vessel stability assessment is estimated to be 1.2 million over the 10-year period, which corresponds to an annualized cost of $166,000.

Overall, the total present value of the costs to fishers and fishing vessel owners (i.e. the safety equipment and vessel stability assessments) is estimated at $14.9 million over the 10-year period of the analysis, which corresponds to an annualized cost of $2.1 million.

Benefits

The benefits to the fishing industry are measured by lives and vessels saved. It is estimated that 5.23 lives and 16.43 vessels and associated catch will be saved annually — vessels and catch constitute the vessels and the fish that are lost at sea when a vessel sinks. More specifically, the vessel stability testing measures will help reduce the number of fatalities caused by capsizing and foundering. The benefits of the stability testing requirements are estimated to be $123 million over a 10-year period of analysis, which corresponds to an annualized value of $17.5 million. The safety equipment mitigation measures will help reduce the severity of marine incidents by increasing the chances of an individual surviving such an incident. The total present value of the benefits due to emergency equipment mitigation measures is $150.2 million over a 10-year period, which corresponds to an annualized value of $21.4 million. The present value of the benefits to fishing vessel owners and operators is therefore estimated to be $273.1 million over the 10-year period of the analysis.

Benefits received by the federal government are measured by the call-outs to the Government of Canada’s Search and Rescue system saved per year due to the prevented accidents. It is estimated that 5.09 call-outs per year will be saved due to this regulatory proposal, at an approximate value of $39,343 each. The reduction in the Government of Canada’s Search and Rescue system costs will save the federal government $955,000 over a 10-year period, which corresponds to an annualized value of $136,000.

Overall, the present value of the total benefits is estimated to be $274 million over the 10-year period of the analysis, which corresponds to an annualized value of $39 million.

Transport Canada recognizes that the costs and benefits are not equally distributed among the provinces. As the small fishing vessel fleet in the Atlantic region accounts for approximately 75% of all fishing vessels in the Canadian fleet, it assumes the majority of the costs and benefits associated with this proposal. A sensitivity analysis was conducted as part of the cost-benefit analysis. It demonstrated that it is unlikely that there are extensive variations to the variables in the cost-benefit analysis given the underlying assumptions.

Cost-benefit statement

Overall, it is expected that this regulatory proposal will generate $259 million in net benefits over a 10-year period, which corresponds to an annualized value of $37 million.

Cost-Benefit Statement	Base Year (2016)	2017	2018	2019	Final Year (2025)	Total Present Value	Annualized Costs
Benefits
Fishers	$0	$44,845,316	$44,845,316	$44,845,316	$44,845,316	$273,063,223	$38,878,060
Government	$0	$156,944	$156,944	$156,944	$156,944	$955,631	$136,060
Total	$0	$45,002,260	$45,002,260	$45,002,260	$45,002,260	$274,018,854	$39,014,120
Costs
Fishers	$0	$15,919,335	$191,822	$191,822	$191,822	$14,905,022	$2,122,140
Total	$0	$15,919,335	$191,822	$191,822	$191,822	$14,905,022	$2,122,140
Net benefits						$259,113,832	$36,891,980

“One-for-One” Rule

As per the Red Tape Reduction Act and Regulations, the “One-for-One” Rule applies to this proposal and results in an annualized decrease in administrative burden of $23,869. In accordance with the Red Tape Reduction Regulations, a discount rate of 7% and constant 2012 Canadian dollars were used in this analysis, which was undertaken for the period of 2016 to 2025.

Phase 1 of the Regulations eliminates the requirement for Transport Canada to approve the stability documentation of a vessel, but maintains the requirement that the booklet is assessed by an independent naval architect or engineer and kept on board the vessel (while still maintaining oversight by Transport Canada using monitoring and compliance and enforcement techniques). Before these amendments, the duplication of both Transport Canada and engineer assessing the stability documentation increased the time fishing vessel owners took to comply with the regulatory requirement to have a professionally produced stability booklet. The new requirement allows the owner of the vessel to be more in control of the time it takes to comply with the regulatory requirement to have a professionally produced stability booklet and reduces the administrative burden associated with such applications. In actual numbers, 141 stability booklets per year no longer require approval. The estimated time for each stability booklet submission will depend whether it requires revisions. A normal stability booklet submission is estimated to take four hours to complete, with an hourly rate of $29.80. It is estimated that 50% of the stability booklets submissions would require additional revisions, and that these revisions would take six hours. It is estimated that four hours are needed to obtain a provisional certificate for the vessels that would need to continue to operate while waiting for the additional revisions to their stability booklets. Over a 10-year period, the present value of the administrative savings due to this requirement is estimated to be $230,263.

These Regulations also add the requirement that fishing vessel owners inform the Minister of Transport of major modifications that are undertaken on a vessel. It has been assumed that 25% of all fishing vessels in the Canadian fleet would fall under this category, and that informing the Minister would take 0.25 hours (at an hourly rate of $29.80). Over a 10-year period, the present value of the administrative burden due to this requirement is estimated to be $21,821.

Furthermore, these Regulations allow fishing vessel owners to apply to have their vessel included in a traditional, very low risk fleet, which is not required to have a full or simplified stability assessment. It has been assumed that 20.5% of the fishing vessels that would require stability assessments over the 10-year period of analysis fall under this category and that the application would take one hour (at an hourly rate of $29.80). Over a 10-year period, the present value of the administrative burden due to this requirement is estimated to be $3,069.

While informing the Minister of Transport of modifications and applying to the Minister of Transport for vessels to be categorized as low risk are all administrative burdens, eliminating the requirements for Transport Canada to approve the stability booklets is an administrative saving. Over a 10-year period, the present value of the total administrative savings is estimated to be $167,646 (2012 constant Canadian dollars), which corresponds to an annualized value of $23,869 (2012 constant Canadian dollars).

Small business lens

Extensive consultation was conducted with stakeholders through national Canadian Marine Advisory Council meetings for a period of 14 years where industry and stakeholder input, as well as feedback, have been discussed, evaluated, implemented and accounted for. Initially, Transport Canada proposed more extensive requirements and, over the years of building on industry and stakeholder comments, Transport Canada has been able to develop a regulatory proposal that contributes to reducing fatalities, injuries and loss or damage to vessels in the commercial fishing industry without placing unnecessary barriers to an economically viable fishing industry. Phase 1 of the amendments has incorporated more options that reflect the current demands of the fishing industry which, in turn, provides stakeholders with more compliance options. Such compliance options are chosen by stakeholders according to the specific operations of their vessels.

The amendments impact mostly small fishing vessels owners. It is expected that the cost will be proportionate to the risk taken by a given operation. The amendments will result in significant benefits for fishers in terms of reduced accidents. Furthermore, it is expected that the cost that will be passed on to consumers will be negligible, as the costs required to meet the regulatory proposal represent a small fraction of the total costs to small fishing vessel owners to operate their business, and hence, a small fraction of the price consumers see.

	Initial option		Flexible option
Short description	Initially, Transport Canada had proposed that all small fishing vessels enhance their safety equipment (based on vessel hull length and type of voyage) and that all fishing vessels that have a hull length of more than 9 m have a vessel stability assessment.		The flexible option consists in the option as per the "Description" section of this RIAS.
Number of vessels impacted	19 241 for the safety requirements (15 256 for the stability requirements)		19 241 for the safety requirements (825 for the stability requirements)
	Annualized average ($)	Present value ($)	Annualized average ($)	Present value ($)
Compliance costs	$5,030,439	$35,331,695	$2,122,140	$14,905,022
	Annualized average ($)	Present value ($)	Annualized average ($)	Present value ($)
Administrative savings	$93,378	$655,851	$23,869	$167,646
Total costs (all small businesses)	$4,937,061	$34,675,844	$2,098,271	$14,737,376
Total cost per small vessel	$256.59	$1,802.19	$109.05	$747.02
Risk considerations
Note: Costs have been estimated using the Standard Cost Model. Detailed calculations are available upon request.

The initial option to have a larger application for the vessel stability requirements was first considered, but following consultations, this option was deemed impractical and was not continued. The flexible option was chosen as it offers a high level of safety while reducing the cost to fishing vessel owners. Compliance costs have been minimized by introducing proportionate safety equipment and vessel stability assessments based on vessel size and type of operation.

Consultation

Extensive consultation has taken place with stakeholders for 14 years. Stakeholders included fishing vessel owners, provincial safety groups and representatives of fishing safety associations, such as Fish Safe BC and the Eastern Fishermen’s Federation, just to name these two. Topics included Division 1 (i.e. safe operating procedures), Division 2 (i.e. safety equipment), Division 3 (i.e. vessel stability) and the guidelines on adequate stability and major modification/change in activity, amongst others. The venues for these consultation sessions across Canada include, but are not limited to, national and regional Canadian Marine Advisory Council (CMAC) meetings (including the Standing Committee on Fishing Vessel Safety and the Working group on regulatory issues); information and advisories posted on the CMAC Web site; direct mail out to all holders of a fishing vessel license; direct emails using Transport Canada’s stakeholder information; special town hall meetings; and ad-hoc outreach meetings. Phase 1 of the amendments is therefore the result of extensive collaboration and consultation with the industry over the last 14 years — it was a two-way communication, where both the government and industry came to the table with proposed options.

For example, national ad-hoc consultation sessions on Division 3 of Phase 1 of the amendments were held in Gaspé (Quebec) on October 14, 2014, in Vancouver (British Columbia) on October 16, 2014, and in Halifax (Nova Scotia) on October 17, 2014, to address outstanding industry concerns on this Division. More specifically, industry had previously stated at the 2015 Spring national CMAC meeting that the costs associated with Division 3 would pose an undue financial burden on the fishing industry. Consequently, during these national ad-hoc sessions in October 2014, TC proposed three different policy options to attempt to reduce the cost to industry while still ensuring a high level of safety. Consensus was originally reached on the option presented in this RIAS at the 2014 Fall national CMAC meeting. During the Winter of 2015, it was brought to the attention of TC that there were still outstanding concerns from certain industry groups in the Atlantic region on certain provisions, such as adequate stability, as well as on the non-regulatory measures (the guidelines on adequate stability and major modification/change in activity) that support Phase 1 of the amendments. In order to address these concerns, national ad-hoc teleconferences were held on March 17 and March 18 (in English and in French, respectively) and further correspondence letters were sent at the request of industry groups in April 2015.

From April 21 to 23, 2015, TC consulted stakeholders at the 2015 Spring national CMAC meeting on the amendments and on the guidelines for major modification. It was agreed that TC and industry would continue their extensive communication via email to address outstanding concerns on the wording of certain provisions of Division 3 of Phase 1 of the amendments. TC is pleased to announce that formal industry support was obtained on May 6, 2015. Since December 2015, TC has been developing the guidelines on vessel stability and major modification/change in activity that will support Phase 1 of the amendments in collaboration with the Canadian Independent Fish Harvesters Federation, which represent more than 10 000 fish harvesters in Canada. Industry is satisfied with the intent as well as with the progress made on these documents. Drafts of these guidelines were also presented at the 2016 Spring national CMAC meeting.

The Regulations Amending the Small Fishing Vessel Inspection Regulations were published in the Canada Gazette, Part I, on February 6, 2016, followed by a 60-day comment period. A total of 15 comments were received, examples of which are provided below.

In terms of safe operating procedures, one stakeholder suggested that there may have been a lack of consultations on the safe operating procedures requirement of the amendments, and that the procedures were complicated. Consultations on this regulatory project began in 2001 and all of the requirements, whether safe operating procedures, safety equipment or vessel stability were consulted upon throughout their development. The consultations went as follows: when presenting decks to the CMAC, the Department would provide regulatory updates and encourage stakeholders to send in their questions on the proposed regulatory requirements (TC provided the contact information for stakeholders on the last slide of every presentation, discussion document, and cover sheet of the draft regulations presented). The Department received no comments or suggested changes on these requirements. TC also did not receive any proposal to change the proposed requirements in the 60-day comment period of the Canada Gazette, Part I. As for the content of these procedures, fishing vessel owners should already have the majority of these procedures as per other statutory or regulatory requirements (i.e. the Canada Shipping Act, 2001 and the Marine Personnel Regulations), as is the case with other small vessels operating in Canada, such as small passenger vessels and workboats. The amendments are solely scoping the existing requirement as appropriate for fishing vessel operations. Further, the procedures fishing vessels will be required to have are very simple in nature — in short, fishing vessel owners may write down where their safety equipment is and how it is used, and inform their crew members very quickly. To facilitate the process further, TC will provide simple templates that use plain language to draw from to develop these procedures as needed.

One question was also received on the rationale for the stability testing that was required in the Quebec Region on many vessels before the amendments came into force. The answer is that inspectors asked for testing pursuant to the Ship Safety Bulletin (SSB) 04/2006 entitled Safety of Small Fishing Vessels: Information to Owners/Masters about Stability Booklets. This bulletin sets out the process for determining whether a small fishing vessel requires a stability booklet (and what to do if it does). If a vessel (new or existing) had any of the pre-established risk factors (e.g. anti-roll tanks, modifications/changed fishing operations in a way that reduces stability), it had to have a stability booklet on board.

The purpose of this SSB was to set out a standard interpretation of section 48 of the Small Fishing Vessel Inspection Regulations (this provision stated: “an inspector may, in addition to any inspection or test required by these Regulations, conduct any inspection or require any test to be made to satisfy himself that anything on a fishing vessel that may affect its seaworthiness is safe and suitable for the purpose for which it is intended”). As the Regulations introduce new vessel stability requirements for new vessels, this SSB will be repealed (the Regulations set out which vessels will be required to have stability booklets). As the requirements for stability booklets are for new vessels, the impact will be that fewer existing vessels will be required to have stability booklets.

It is also important to note that section 48 is repealed — in its place, section 3.03 has been added. As TC is introducing requirements based on risk, the authority of inspectors will focus on vessels where design, construction, or equipment may be an issue to seaworthiness pursuant to section 3.03. (see footnote 9) The impact on stakeholders will be that they will be required to solely satisfy these factors.

In terms of comments on safety equipment, stakeholders proposed that subsection 3.29(1) be amended so that fishing vessels that have a hull length of more than 12 m operating in Near Coastal Voyage, Class 2, would be required to carry the same life rafts and other life-saving appliances than vessels not more than 12 m in length operating in the same voyage class. In practice, this would allow vessels more than 12 metres in length to have the option to

• —carry one or more life rafts, or a combination of life rafts and recovery boats with a total capacity that is sufficient to carry the number of persons on board;

OR carry the following equipment:

• an emergency position-indicating radio beacon (EPIRB) or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999; and
• an immersion suit or an anti-exposure work suit of an appropriate size for each person on board if the water temperature is less than 15°C.

This proposed change was not retained, as it is a reduction from both these amendments and, most importantly, from the requirements that were in force pursuant to the Small Fishing Vessel Inspection Regulations. In short, those requirements required that vessels that are more than 12.2 m in length and operate in Near Coastal Voyages, Class 2, carry a sufficient number of lifeboats, boats, dories, skiffs, or seine skiffs. This proposed change would therefore reduce the safety of these vessels compared to what is currently required and what is in these amendments.

Other stakeholders also suggested that subsection 3.29(1) be amended so that the cut-off for the different requirements for vessels operating in Near Coastal Voyages, Class 2, set in the amendments at 12 m, be changed to 15 gross tonnage. This proposed change was not retained because it goes against the proposed regulatory reform of the Department. In short, the Department is currently aligning its regulations with the international regime — at the international level, requirements for vessels that have a hull length of less than 24 m solely include metres as a measurement, not gross tonnage. Therefore, as this proposed change would re-insert gross tonnage as a measurement, it could not be adopted. (see footnote 10)

In terms of comments on administrative issues, one stakeholder asked why section 3.62 included that procedures must be “in English or French or in both, according to the needs of the crew”, while subsection 3.68(1) did not. After further analysis, TC revised subsection 3.68(1) to include the requirement that the written procedures be “in English or French or in both, according to the needs of the crew” and ensure all requirements regarding procedures are consistent. A stakeholder also suggested to add section 5 of the Vessel Pollution and Dangerous Chemicals Regulations to subsection 3.15(2) for accuracy. Accordingly, after further analysis, TC revised subsection 3.15(2) of the amendments to ensure that no person shall permit fuel or oil to be discharged from a fishing vessel except in accordance with the provisions relating to discharges of oil or oily mixtures in section 5 of Part 1 of the Vessel Pollution and Dangerous Chemicals Regulations (in addition to Subdivision 4 of Division 1 of Part 2 of these same Regulations).

It should be noted that TC presented all of the comments received for this regulatory project at the 2016 Spring national CMAC meeting, and has also posted the presentation on the CMAC Web site and the Department’s response to each of these comments for stakeholders who were unable to attend. This established consultation process for regulatory projects ensures the highest level of consultation and transparency. Solely the concerns on safe operating procedures were reiterated by the industry following TC’s response to their comments. Some stakeholders were still opposed to some of the details of this requirement (such as that the procedures be established in writing), and stated that further consultations should be conducted before final publication. However, they also expressed their willingness to work with the Department on the development of an engagement and implementation strategy to further discuss these issues following the publication.

Finally, Transport Canada also made a few administrative changes to Phase 1 of the amendments following its publication in the Canada Gazette, Part I, but as they are administrative in nature, the intent and the main components or requirements of these Regulations remain unchanged. An example of a change is that a typographical error was made in section 3.51(5) — this section now includes solely sections 8.1 to 8.4 in Chapter 8 of Part B of the IS Code (see footnote 11) (as opposed to including 8.5 as it is currently proposed). Chapter 8.5 does not provide any requirements for fishing vessels, thereby it has been deleted.

In terms of consultations on Phase 2 and Phase 3, TC will continue to consult stakeholders on these phases.

Rationale

Transport Canada is amending the regulations governing fishing vessels in a phased-in approach to facilitate the implementation process in the fishing industry and to ensure the mitigating measures to increase safety aboard fishing vessel are put in place without delay, addressing the majority of the TSB recommendations.

Phase 2 of the amendments will amend the Fishing Vessel Safety Regulations to update the provisions addressing the requirements for vessel construction of small fishing vessels. When Phase 2 comes into force, the entire Fishing Vessel Safety Regulations package will be in force and the current Small Fishing Vessel Inspection Regulations will be repealed.

Phase 3 of the amendments will repeal the Large Fishing Vessel Inspection Regulations and will amend the Fishing Vessel Safety Regulations to bring into force the requirements of the IMO “Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977” (the Cape Town Agreement) for large fishing vessels (with appropriate Canadian modifications), if Canada ratifies the Convention.

Both Phase 2 and Phase 3 will focus on the construction of fishing vessels in Canada. As is the case when construction requirements are updated to reflect modern standards and technological advances in any industry, only new constructions will be required to abide by the new requirements. In other words, only the safety equipment and the safe operating procedures requirements put forward in the three-phased approach will not be grandfathered.

The amendments are also put forward because of the current renewal of the fishing fleet. In recent years, many owners of fishing vessels have opted to replace their aging vessels with new constructions in order to take advantage of changes to the policies on vessel replacement of the Department of Fisheries and Oceans (DFO) or to modify their vessels for improved efficiency and capability. As the majority of the fleet is yet to be renewed, the DFO rule changes are drivers that justify even more the amendments.

Finally, Phase 1 of the amendments results in significant benefits to fishing vessel owners and operators from reduced fatalities and injuries, cargo loss, vessel damage and loss (i.e. it is expected that this regulatory proposal will generate $259 million in net benefits).

Implementation, enforcement and service standards

Phase 1 of the amendments includes non-regulatory measures. Transport Canada is developing guidelines that will expand on essential concepts included in the regulations, such as adequate stability and major modification/change in activity to help vessel owners understand their regulatory obligations. The guidelines on adequate stability will help fishing vessel owners determine whether their vessel may or may not have adequate stability, and propose possible courses of action to make sure they can safely operate their vessel. For example, the adequate stability guidelines include information on how to avoid free surface effect and how to safely load and unload a small fishing vessel. The free surface effect is the change in the stability of a vessel caused by liquids moving about freely in a tank or hold. As a vessel rolls, liquids in tanks or breached compartments accentuate the roll by moving freely from side to side in the tank, accumulating first on one side and then the other, and may adversely affect the stability of the ship. It is important to note that Transport Canada is developing these guidelines in collaboration with the fishing industry. The guidelines on major modification/change in activity provide guidance on what constitutes a major modification/change in activity and when fishing vessel owners may be required to have their vessels undergo a mandatory vessel stability assessment.

Transport Canada is also putting in place the Small Vessel Compliance Program — Fishing (SVCP-F). This program will serve to oversee and ensure proper implementation of the regulations. It will help fishing vessel owners who need to have their vessels inspected and certified (owners of vessels more than 15 gross tonnage) better understand the requirements. The SVCP-F will have a series of tools to ensure the inspection and certification regime is consolidated and delivered in a uniform manner. Participation will be voluntary for owners of vessels below 15 gross tonnage, but the program will still provide guidance to fishing vessel owners on how they can comply with the requirements that pertain to their size/type of vessel.

It is important to note that the Fishing Vessel Safety Regulations does not contain any inspection and plan approval requirements. (see footnote 12) These requirements will be moved to the proposed Vessel Certificates Regulations. To ensure that the repealed sections of the Small Fishing Vessel Inspection Regulations are still respected (until the proposed Vessel Certificate and Inspection Regulations come into force), Transport Canada has included these requirements, without changes, in inspection and plan approval policies under the authority of the Canada Shipping Act, 2001. Sections of the Small Fishing Vessel Inspection Regulations that are not addressed by Phase 1 will remain in force until Phase 2 is complete.

Phase 1 of the amendments includes a delayed application provision of the first anniversary of the publication in the Canada Gazette, Part II, allowing fishing vessel owners sufficient time to familiarize themselves with the new requirements. Fishing vessel owners who signed a contract for the construction of a vessel more than one year after the day on which these amendments come into force have an additional year to familiarize themselves with the new requirements.

Transport Canada is not seeking additional resources for implementation or enforcement or to meet service standards. In terms of implementation, existing resources who were carrying out their mandate duties under the Small Fishing Vessel Inspection Regulations are receiving appropriate training, guidance and any other type of support needed in order for them to carry on with the implementation of the amendments. In terms of enforcement, action will be taken according to the level of the fishing vessel owner’s non-compliance pursuant to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (for adequate stability as well as the other requirements) to the extent that it is applicable. In short, the levels of enforcement actions could consist of the issuance of a notice of deficiency, assurance of compliance, administrative monetary penalties, or detention (depending on the level of non-compliance).

Contact

Ian Campbell
Manager
Small and Fishing Vessels, Design and Equipment and the Office of Boating Safety
Marine Safety and Security
Department of Transport
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-0652
Fax: 613-991-4818
Email: ian.w.campbell@tc.gc.ca

• Footnote a
  S.C. 2001, c. 26
• Footnote 1
  C.R.C., c. 1486
• Footnote 2
  SOR/2000-260
• Footnote 3
  SOR/2000-265
• Footnote 4
  SOR/2010-91
• Footnote 5
  Small fishing vessels have a hull length of not more than 24.4 m and not more than 150 tons gross tonnage, while large fishing vessels are more than 24.4 m in hull length or more than 150 tons gross tonnage. These vessel hull length cut-offs are in line with international standards. It is important to note that small fishing vessels constitute approximately 99% of the fishing fleet in Canada (approximately 20 000 fishing vessels).
• Footnote 6
  Length is defined as the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post, except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock, or, if the vessel has no rudder stock or has rudder stock situated outside the hull at the stern, the distance from the foreside of the foremost permanent structure of the vessel to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes.
• Footnote 7
  Hull length, in respect of a fishing vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.
• Footnote 8
  A voyage that is not a sheltered waters voyage, a near coastal voyage, class 2, or a near coastal voyage, class 1.
• Footnote 9
  A voyage that is not a sheltered waters voyage or a near coastal voyage, class 2; that is between places in Canada, the United States (except Hawaii), Saint-Pierre and Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America; and during which the vessel engaged on the voyage is always north of latitude 6°N, and within 200 nautical miles from shore or above the continental shelf.
• Footnote 10
  Only for small fishing vessels of open construction (that may be affected by swamping).
• Footnote 11
  A major modification means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability, or that substantially increases its service life.
• Footnote 12
  Transport Canada considered several in-house policy options and ultimately put forward these two proposals.
• Footnote 13
  Subsection 3.03(1) The authorized representative of a fishing vessel shall ensure that the vessel is designed, constructed and equipped to operate safely and be seaworthy in its area of operation. Subsection 3.03(2) If the Minister has reasonable grounds to believe that the design, construction or equipment of a fishing vessel adversely affects its safe operation or seaworthiness in its area of operation, the Minister shall request the authorized representative of the vessel to establish that the vessel meets the requirements of subsection (1).
• Footnote 14
  While the current amendments include gross tonnage (in the application section for example), it will not include references to gross tonnage once Phase 2 of the amendments come into force (then the entire Fishing Vessel Safety Regulations package will be in force and the current Small Fishing Vessel Inspection Regulations will be replaced).
• Footnote 15
  The IS Code means the annex to the International Maritime Organization Resolution MSC.267(85), International Code on Intact Stability, 2008
• Footnote 16
  More specifically, they will not include the provisions of the Small Fishing Vessel Inspection Regulations dealing with inspection and plan approval for vessels exceeding 15 gross tonnage (sections 6 through 8, 44 through 47, 49, and Schedule 1).