Regulations Amending the Small Vessel Regulations: SOR/2018-102

Canada Gazette, Part II, Volume 152, Number 11

Registration

May 16, 2018

CANADA SHIPPING ACT, 2001

P.C. 2018-542 May 14, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 120 and 207footnotea of the Canada Shipping Act, 2001footnoteb, makes the annexed Regulations Amending the Small Vessel Regulations.

Regulations Amending the Small Vessel Regulations

Amendments

1 Section 106 of the Small Vessel Regulationsfootnote1 is replaced by the following:

106 A pleasure craft licence is valid for a period of 10 years beginning on the day on which it is issued, transferred or renewed.

2 (1) Subitem 1(b) of the table to section 205 of the Regulations is replaced by the following:

Item

Column 2

Visual Signals

1

(b) three pyrotechnic distress signals, not more than one of which is a smoke signal

(2) Subitem 2(b) of the table to section 205 of the Regulations is replaced by the following:

Item

Column 2

Visual Signals

2

(b) six pyrotechnic distress signals, not more than two of which are smoke signals

3 The portion of item 2 of the table to section 210 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Life-Saving Appliance

2

if the human-powered pleasure craft is more than 6 m in length, a watertight flashlight and six pyrotechnic distress signals, not more than two of which are smoke signals

4 Section 213 of the Regulations is amended by adding the following after subsection (2):

(3) For a pleasure craft more than 6 m in length, the number of pyrotechnic distress signals referred to in subitems 2(b) and 3(b) of the table to section 205 and in item 2 of the table to section 210 may be reduced up to a maximum of 50%, provided the number of smoke signals does not exceed 50% of the permitted number of smoke signals in those tables, if the pleasure craft is equipped with

5 Paragraph 218(b) of the Regulations is replaced by the following:

6 Section 220 of the Regulations and the heading “Paddleboats, Watercycles, and Sealed-Hull, Sit-on-Top Kayaks” before it are replaced by the following:

Paddleboats, Watercycles, Stand-Up Paddleboards and Sealed-Hull, Sit-on-Top Kayaks

220 If every person on board a paddleboat, a watercycle, a stand-up paddleboard or a sealed-hull, sit-on-top kayak is wearing a personal flotation device or lifejacket of an appropriate size, the paddleboat, watercycle, paddleboard or kayak is required to carry on board only the following safety equipment:

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Small Vessel Regulations (the Regulations) are the primary regulatory mechanism by which Transport Canada (TC) manages the safety equipment carriage and construction requirements for small vesselsfootnote2 in Canada. The Regulations also provide the regulatory framework for the Pleasure Craft Licensing System.

While administering the Regulations, and in consultation with stakeholders, TC has identified three issues: stand-up paddleboards are not explicitly referenced in the Regulations and their use is therefore subject to safety requirements that are inconsistent with other similar activities, pyrotechnic visual distress signal (flare) requirements are increasingly burdensome and unsafe, and a loophole in the pleasure craft licensing process can result in out-of-date licence information and safety issues in the event of an emergency.

Background

Transport Canada regulates the construction and operational procedures on small vessels in order to reduce the likelihood of accidents and incidents, and regulates the carriage of safety equipment and pleasure craft licensing to make incidents more survivable when they do occur.

Stand-up paddleboards

Stand-up paddleboarding is a paddling activity whereby the operator navigates standing on a surf board and uses a paddle. Stand-up paddleboarding evolved out of surfing, and has become a means of navigation on water bodies across Canada, including rivers, lakes and oceans.

As a relatively new type of small vessel, stand-up paddleboards are not specifically referenced in the Regulations, and are therefore treated the same as other human powered pleasure craft (e.g. sit-on-top kayaks, canoes), with the same safety equipment carriage requirements. When used for navigation, stand-up paddleboards must be equipped with the following: an approved personal flotation device or lifejacket, 15 m of buoyant heaving line, a sound-signalling device (e.g. a whistle), navigation lights, if the vessel is operated between sunset and sunrise, and a magnetic compass when operated beyond sight of seamarks. Non-navigation activities are not subject to the mandatory carriage of safety equipment (e.g. surfing, stand-up paddleboard yoga).

In practice, the operation of stand-up paddleboards is similar to the operation of sit-on-top kayaks and other sealed-hull vessels. Currently, an exception is provided under the Regulations, stating that if every person on board a paddleboat, a watercycle or sealed-hull, sit-on-top kayak is wearing a personal flotation device or lifejacket of an appropriate size, the paddleboat, watercycle or kayak is required to carry on board only a sound-signalling device and, if the paddleboat, watercycle or kayak is operated after sunset or before sunrise or in periods of restricted visibility, a watertight flashlight. The exemption removes the requirement to carry 15 m of buoyant heaving line, and motivates the wearing of personal flotation devices or lifejackets.

Pyrotechnic distress signals (flares)

The Regulations require that certain categories of vessels carry pyrotechnic distress signals (flares) on bodies of water where they can be more than one nautical mile from shore. Flares are used to signal distress by notifying rescuers of an emergency situation or by aiding rescuers to pinpoint the location of a known vessel in distress. The Regulations allow three types of pyrotechnic signals: rocket flares, handheld flares and smoke signals. Rocket flares and handheld flares can be used at any time, day or night, whereas smoke signals, which contain orange-coloured smoke that is released upon activation, are considered daytime distress signals, and can therefore only make a limited contribution to a vessel’s pyrotechnical distress signal complement.

Flares are costly items that have an expiry date, four years from the date of manufacture, and should be replaced, even if unused, at regular intervals. Flares are not often used by small vessels, such as pleasure craft, but do have merit in certain boating scenarios (e.g. boating accidents). Flares contain materials that are potentially hazardous to the environment (e.g. strontium nitrate, fuel oil) and that can be unstable once expired. Therefore, proper disposal of flares is required.

In years past, flares were accepted at local police detachments and fire halls for disposal; however, many of these agencies no longer accept expired flares due to the associated environmental and safety risks. There are now few responsible and accessible options for the disposal of expired flares, which can lead to their unsafe storage and/or improper disposal. The boating community has expressed frustration with the price of flares and with the number of flares required on board a vessel, given a range of safe and effective signalling alternatives.

Pleasure craft licence

Every pleasure craft powered by one or more motors, adding up to 10 hp or more, must be licensed, and its unique licence number must be displayed on the bow of the boat. This unique identifier, and associated contact information, are maintained in TC’s Pleasure Craft Licensing System, providing search and rescue personnel with access to important information in an emergency situation. In 2016, the Pleasure Craft Licensing System was accessed by first responders on 26 occasions.

When the Regulations came into force in April 2010, they prescribed that all pleasure craft licences expired 10 years after they were issued, transferred, renewed or updated, as a way to ensure that contact information was as up-to-date and accurate as possible. However, extending the expiry date by 10 years when a licence is updated inadvertently allowed obsolete information to be retained in the Pleasure Craft Licensing System well beyond 10 years (e.g. the licence may have been updated to reflect a change in vessel colour, extending the licence expiry date by 10 years, during which the owner’s telephone number may have changed, and not been reflected in the licence).

Objectives

The objectives of the Regulations Amending the Small Vessel Regulations (the amendments) are to promote the safe operation of stand-up paddleboards while better aligning safety equipment carriage requirements with other similar vessels; mitigate the safety and environmental risks associated with flares, while maintaining the ability of vessels to signal distress; and increase safety by reducing the period of time during which inaccurate information can be retained in the Pleasure Craft Licensing System.

Description

Stand-up paddleboards

The amendments add stand-up paddleboards to the list of vessels that have reduced safety equipment carriage requirements when each person aboard wears a lifejacket or personal flotation device.

Pyrotechnic distress signals (flares)

The amendments allow pleasure craft not more than nine metres in length, human-powered craft more than six metres in length (e.g. voyageur canoe) and personal watercraft the option to carry smoke signals as part of their pyrotechnic distress signal requirements under the Regulations (see table below).

The amendments also allow pleasure craft more than six metres in length to reduce the number of pyrotechnic distress signals of each type currently required to be carried, by sections 205 and 210 of the Regulations, by a maximum of 50%, provided the number of smoke signals does not exceed 50% of the permitted number of smoke signals in those sections, if the vessel is equipped with an electronic communication device, including

  1. a means of two-way radio communication (e.g. cell phones, satellite phones or other satellite communication devices, VHF radios with digital select calling);
  2. a 406 MHz personal locator beacon, which is a personal safety device designed to alert search and rescue services and allow them to quickly locate a person in the event of an emergency; or
  3. a 406 MHz emergency position-indicating radio beacon, which is used to alert search and rescue services in the event of an emergency via a satellite.

Both personal locator beacons and emergency position-indicating radio beacons use the international COSPAS-SARSAT search-and-rescue satellite system to transmit alert information to the appropriate rescue coordination centre.

Table: Pyrotechnic distress signal requirements

Vessel

Previous pyrotechnic distress signal requirements

New pyrotechnic distress signal requirement

New pyrotechnic distress signal requirement with the addition of a means of electronic communication

Not more than six metres

Three pyrotechnic distress signals other than smoke signals

Three pyrotechnic distress signals, not more than one of which is a smoke signal

No change in the requirements

More than six metres, but not more than nine metres

Six pyrotechnic distress signals other than smoke signals

Six pyrotechnic distress signals, not more than two of which are smoke signals

At least three pyrotechnic distress signals, not more than one of which is a smoke signal

More than nine metres

Twelve pyrotechnic distress signals, not more than six of which are smoke signals

No change

At least six pyrotechnic distress signals, not more than three of which are smoke signals

Human-powered craft (e.g. voyageur canoe) more than six metres

Six pyrotechnic distress signals other than smoke signals

Six pyrotechnic distress signals, not more than two of which are smoke signals

At least three pyrotechnic distress signals, not more than one of which is a smoke signal

Personal watercraft

Three pyrotechnic distress signals other than smoke signals

Three pyrotechnic distress signals, not more than one of which is a smoke signal

No change in the requirements

Pleasure craft licence

The amendments clarify that an update to a licence does not extend the expiry date of a pleasure craft licence by an additional 10 years.

“One-for-One” Rule

The amendments do not apply to commercial vessels, and do not impact businesses. The “One-for-One” Rule does not apply.

Small business lens

The amendments do not apply to commercial vessels, and do not impact small businesses. The small business lens does not apply.

Consultation

Stand-up paddleboards

Transport Canada began discussions with members of the paddling community in early 2012, and public consultations were held through the Canadian Marine Advisory Council (CMAC)footnote3 and the National Recreational Boating Advisory Council (NRBAC)footnote4 in April 2016. The amendments relating to stand-up paddleboards are largely supported by stakeholders, including Paddle Canada, a national, non-governmental organization that sets standards for instruction and certification for recreational canoeing, kayaking and stand-up paddleboarding.

Some early misunderstandings about how stand-up paddleboards would be regulated caused confusion, particularly in the surfing community. Discussions clarified that stand-up paddleboards that continue to be used as surf boards in a surf environment and not for navigation would not be subject to the requirements of the Regulations. However, if a stand-up paddleboard is used as a vessel for navigation, then it would need to meet the requirements of the Regulations and the amendments. No other concerns were raised regarding the amendments.

Pyrotechnic distress signals (flares)

Stakeholders have been expressing concerns related to the requirements for distress signals for at least 10 years. Requests for revisions to the carriage requirements for pleasure craft have been discussed regularly at meetings of the CMAC Standing Committee on Recreational Boating.footnote5 Consultations were also undertaken at numerous national and regional NRBAC meetings between 2007 and 2016. Consultation sessions included representation from the Canadian Safe Boating Council, the Canadian Power and Sail Squadrons, Sail Canada, the Ontario Provincial Police, various other recreational boating associations, enforcement organizations, and manufacturers and distributors of pyrotechnic distress signals.

In addition to these national and regional consultation sessions, stakeholders and industry representatives have also provided input directly to TC by email and telephone. In the spring of 2010, TC sent out a discussion document detailing the proposed changes to the Regulations to stakeholders on the CMAC distribution list and to others as required, to seek their feedback on the proposal. Although no direct feedback was received through this outreach activity, the document did help initiate additional discussions at CMAC and RBAC meetings between 2010 and 2015. No opposition to the modifications was communicated by stakeholders.

Pleasure craft licence

The amendments related to the removal of the word “update” to prevent the trigger of a new expiry date was discussed with stakeholders at CMAC and RBAC meetings from 2010 to 2013. No opposition to the modification was communicated by stakeholders.

Prepublication in the Canada Gazette, Part I

The proposed amendments were published in the Canada Gazette, Part I on December 23, 2017, followed by a 30-day comment period. Transport Canada received a total of five submissions during this time, including requests for clarification (described below), questions that were outside the scope of the amendments, and comments that resulted in minor changes to the text of the Regulatory Impact Analysis Statement and a minor editorial change to the proposed regulatory text. No opposition to the proposal was expressed, and each stakeholder received a direct reply from TC.

Stand-up paddleboards

Clarification was sought on whether the changes for the stand-up paddleboard made it mandatory to wear a personal flotation device or lifejacket. Transport Canada clarified that the option for reduced safety equipment carriage requirements for stand-up paddleboards is to motivate the user to wear a personal flotation device or lifejacket, but does not make it mandatory if the person does not select this option.

One stakeholder had a comment on the translated term for “sealed-hull, sit-on-top kayaks.” Transport Canada made minor editorial changes to ensure consistency in both English and French versions of the Regulations for these terms.

Pyrotechnic distress signals (flares)

One stakeholder asked for statistical data on flares. Transport Canada clarified that the Department does not currently collect statistical data on flares.

One stakeholder was unclear as to whether the new requirements in section 213 required a means of two-way radio communication and one of either a PLB or EPIRB or simply one of the three items listed. Transport Canada clarified that the new requirement is one of the three items listed in this section.

Stakeholders commented that they felt the decreased flare requirements should also apply to small commercial vessels and also noted that it is not explicitly stated that the chosen means of two-way communication must be “effective.” Transport Canada clarified that safety equipment carriage requirements are not the same under TC’s regulatory regime for commercial and pleasure craft vessels and they therefore are not subject to the same carriage requirements. Transport Canada clarified that it is required within the Regulations that all safety equipment be in good working order, readily accessible and available for immediate use which implies that it must be effective.

Pleasure craft licence

Clarification was sought on whether there were changes to the pleasure craft licence validity period. Transport Canada clarified that the validity period of a pleasure craft licence remains unchanged at this time (10 years).

Enforcement

A question was posed related to the fine amounts listed in the Contraventions Regulations. Transport Canada confirmed that the fine amounts for contraventions to the Regulations range from $200 to $500 as detailed in the Contravention Regulations.footnote6

Rationale

Stand-up paddleboards

The full list of safety equipment required for recreational vessels is intended for conventional hulled vessels and useful equipment of this type is difficult to stow on a paddleboard. For the vast majority of stand-up paddleboard users, this is an inconvenient requirement that carries minimum (if any) safety advantages for this type of vessel. The amendments simply enable stand-up paddleboard users to carry the same safety equipment that is already allowed for other open-type recreational craft where immersion is more likely.

The amendments do not prohibit boaters from continuing to carry the currently required equipment, but would allow the option of choosing to wear their flotation device while they are paddling instead of carrying all of the safety equipment required for more conventional vessels. The most common contributing factor for drowning is not wearing a personal flotation device or lifejacket; by increasing the incentive to use lifejackets or personal flotation devices while operating stand-up paddleboards, the amendments may help reduce the likelihood of drowning fatalities. In addition, the amendments result in a small reduction in the cost of stand-up paddleboarding, due to a reduction in equipment requirements (i.e. elimination of the heaving line requirement).

Pyrotechnic distress signals (flares)

In response to feedback from the boating community, TC reviewed the current policy related to the carriage of flares with the goal of decreasing the required number of flares and allowing more flexible alternatives. With improved electronic means of distress alert and location provisions now available, reductions in carriage requirements for flares, in some instances, are now possible without compromising safety. This evolution is reflected in other regulations (e.g. the Fishing Vessel Safety Regulations), which allow for the use of alternative two-way communication devices such as cell phones, satellite phones and other satellite communication devices. The Canadian Coast Guard provides 24-hour monitoring on VHF Channel 16 for distress calls where available in Canada, and a call into VHF Channel 16 can be used to signal imminent danger or a life-threatening situation. Many areas in Canada are provided with cell phone *16 coverage or a dedicated telephone number to contact marine emergency response organizations. Transport Canada continues to encourage the use of marine VHF radio when in coverage of the Canadian Coast Guard network and alternatively to make use of established maritime distress alerting systems such as 406 MHz beacons.

The amendments decrease the number of required flares, address some stakeholder concerns related to the storage and disposal of expired flares, and reduce the release of potentially harmful elements into the environment. The amendments allow all sizes of pleasure craft to carry smoke signals as part of the total flare requirements. This adjustment will allow increased options for daytime signals (smoke signals are used for daytime signalling only) while ensuring that night time signals are also carried. Smoke signals are considered to be less dangerous to use and store than flares.

Technology is continually evolving in the field of electronic communications. While light-emitting diode (LED) lights and laser flare technology may also provide new options for electronic distress signals, further research is needed. Industry is developing a new standard for electronic visual detection signalling devices based on performance testing and research conducted by the United States Coast Guard. Transport Canada is monitoring this development and will consider integrating the standard into the Regulations in the future, in consultation with emergency response organizations such as the Canadian Coast Guard and the Department of National Defence.

Pleasure craft licence

The purpose of the licensing requirement is to provide boating data to support policy decisions and to ensure that accurate information is available for search and rescue purposes and for enforcement personnel. Data will also help establish a link between vessels and responsible owners for the purpose of addressing environmental issues and other potential issues pertaining to vessels (e.g. derelict and abandoned vessels).

The purpose of the 10-year expiry currently found in the Regulations is to help ensure that within a defined timeline, all vessel owners are required to renew their licence, which includes providing updated personal contact information. The Regulations previously, and unintentionally, enabled updates to licensing information (e.g. name change or address change) to trigger a new 10-year licence expiry date. The amendments correct this loophole, supporting the inclusion of more accurate up-to-date information in the licensing database. Closing this loophole, does not result in the creation of significant additional costs for licence holders or TC for licence renewals (there are no fees associated with pleasure craft licences — the service to obtain or update a licence is offered free online or by mail). Transport Canada estimates that approximately 10 000 additional licence renewals would be required each year, with a total annual time-cost valued at $148,000, including $126,000 for licence holders and $22,000 for TC.

Implementation, enforcement and service standards

Enforcement officers have a range of tools available to them and the latitude to apply an appropriate tool to a particular violation. These include, but are not limited to, providing educational information and fostering awareness of what constitutes safe boating, the ability to issue a warning or multiple warnings and, if required, issuing tickets with fines or a summons. The decision on how to proceed is left solely to the judgment of the enforcement officer.

The Contraventions Regulations, made pursuant to the Contraventions Act, set out prescribed fine amounts for contraventions of regulations made under the Canada Shipping Act, 2001. The Regulations have specific contravention amounts to a maximum of $500 under the Contraventions Regulations. Enforcement is by way of summary conviction or ticketing under the Contraventions Act. Enforcement officers include the Royal Canadian Mounted Police (RCMP), provincial and municipal police forces, as well as other groups of inspectors and enforcement officers.

Service standards for pleasure craft licence

Pleasure craft licence transactions are processed at TC’s Pleasure Craft Licensing Centre. Transport Canada’s current service standard is five working days upon receipt of a completed pleasure craft licence application. The amendments do not have any effect on TC’s current service standards.

Contact

Katie Frenette
Senior Marine Analyst
Legislative, Regulatory Policy and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4627
Fax: 613-991-4818
Email: katie.frenette@tc.gc.ca