Navigation Safety Regulations, 2020: SOR/2020-216

Canada Gazette, Part II, Volume 154, Number 22

Registration
SOR/2020-216 October 6, 2020

CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

CANADA OIL AND GAS OPERATIONS ACT

CANADA SHIPPING ACT, 2001

P.C. 2020-768 October 2, 2020

Whereas the annexed Navigation Safety Regulations, 2020 establish additional or complementary standards to those set out in the International Convention for the Safety of Life At Sea of 1974 and the Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974, and the Governor in Council is satisfied that those standards meet the objectives of the Convention and Protocol;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than sections 425 to 427 and on the recommendation of the Minister of Natural Resources with respect to sections 425 to 427, makes the annexed Navigation Safety Regulations, 2020 pursuant to

TABLE OF PROVISIONS

Navigation Safety Regulations, 2020

Interpretation

General Requirements

PART 1

Marine Navigation

Application

DIVISION 1

Maintenance and Standards

DIVISION 2

Equipment Required for Vessels Subject to Chapter V of SOLAS

DIVISION 3

Equipment Required for Vessels Not Subject to Chapter V of SOLAS

DIVISION 4

Additional Equipment

DIVISION 5

Additional Requirements — Vessels Not Subject to Chapter V of SOLAS

DIVISION 6

Charts and Publications

PART 2

Marine Radiocommunications

Definitions

DIVISION 1

General Requirements

DIVISION 2

Technical Requirements

DIVISION 3

Radiotelephone Procedures

PART 3

Limitations and Prohibitions

General

DIVISION 1

Anchorage

DIVISION 2

Burlington Canal

DIVISION 3

St. Clair River and Detroit River

PART 4

Transitional Provision, Consequential Amendments, Repeals and Coming into Force

Transitional Provision

Consequential Amendments

Canada Shipping Act, 2001
Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Canada Oil and Gas Operations Act

Coming into Force

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

Navigation Safety Regulations, 2020

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Composite unit

2 (1) For the purposes of these Regulations, a composite unit of a pushing vessel and a pushed vessel that are rigidly connected and designed as a dedicated and integrated tug-and-barge combination is considered to be a single vessel that is not a towboat, the length and gross tonnage of which is the aggregate length and gross tonnage of the two vessels composing the unit.

Documents — amended from time to time

(2) Any reference in the Regulations to a document is a reference to the document as amended from time to time, except when the reference is to the document as it read on a specified date.

Incorporated documents — meaning of “should”

(3) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are to be considered mandatory.

Incorporated documents — meaning of “ship”

(4) For the purpose of interpreting a document incorporated by reference into these Regulations, “ship” is to be read as “vessel”.

Incorporated documents — exclusion of certain expressions

(5) A document incorporated by reference into these Regulations is to be read without reference to the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “or other means”, “satisfactory to the Administration” and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.

Interpretation — vessel date of construction

(6) For the purposes of these Regulations, the date of construction of a vessel is the earliest of the dates on which

Definition of vessel under the Act

3 For the purposes of these Regulations, barges that are not self-propelled are prescribed as a class of floating object that is excluded from the definition of vessel in section 2 of the Act.

General Requirements

Compliance

4 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.

General requirement

5 (1) Unless under force majeure or to save life or property, the master of a vessel must ensure that the vessel does not engage on a voyage unless it is fitted with the equipment required under these Regulations.

Effective operating condition

(2) The master and authorized representative of a vessel must take all reasonable steps to ensure that all equipment required under these Regulations is installed, tested and maintained in a manner that ensures it is in effective operating condition.

Effective operating condition — restoration

(3) If any equipment required by these Regulations ceases to be in effective operating condition, the master of the vessel must, as soon as possible, restore the equipment to an effective operating condition.

Voyage to repair facilities

(4) If the vessel is in a port where repair facilities to restore the equipment to an effective operating condition are not readily available, the master must plan and execute a safe voyage to a port where such facilities are readily available, taking into account the fact that the equipment is not in effective operating condition.

Section 112 of the Act — shore station

6 (1) For the purposes of section 112 of the Act, the authority on shore that must be notified of a direct danger to navigation is the shore station for the area in which the vessel is navigating.

Procedures for giving notice to vessels

(2) A master who gives notice under section 112 of the Act to all vessels in the vicinity and the shore station must give the notice in accordance with the danger message reporting procedures set out in Section A5, entitled Navigation Safety, of the annual edition of Notices to Mariners.

[7 to 99 reserved]

PART 1

Marine Navigation

Application

Application

100 (1) This Part applies in respect of the following vessels:

Activities related to oil or gas

(2) This Part applies in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in

DIVISION 1

Maintenance and Standards

Standards

101 (1) Every type of equipment referred to in column 1 of Schedule 1 with which a vessel of 150 gross tonnage or more is fitted to comply with this Part and every AIS that is fitted on a vessel to which this Part applies must be type approved by a competent authority as meeting the following standards:

Exception — equivalent standard

(2) The equipment and the AIS may be of a type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) instead of the standards referred to in that paragraph.

Type approval

(3) The type approval must be evidenced by a label or a document issued by the competent authority.

Placement of document or label

(4) The type approval must be

English or French translation

(5) If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

Equipment that is not required

(6) Subsections (1) to (5) apply in respect of equipment that is fitted on a vessel even if the equipment is not required to be fitted on the vessel under this Part, if

Grandfathering

(7) Paragraphs (1)(b) and (c) and subsections (2) to (4) do not apply to equipment referred to in column 1 of Schedule 2 that was fitted before July 1, 2002, if the equipment is of a type approved by a competent authority as meeting the following standards:

Maintenance record

102 (1) Every Canadian vessel of 150 gross tonnage or more that is engaged on an international voyage and every Canadian vessel of 500 gross tonnage or more must keep on board a maintenance record for the equipment required under this Part that shows all periodic testing and servicing, all defects, repairs and parts replacements and the dates and locations of each event and the personnel involved.

Manuals

(2) Every vessel must keep on board the manufacturer’s operating and maintenance manuals for the equipment that it must be fitted with under this Part.

Spare parts

(3) Every vessel that is engaged on a voyage other than a sheltered waters voyage must carry the spare parts recommended by the manufacturer or by the operating or maintenance manuals for the equipment that it must be fitted with under this Part.

DIVISION 2

Equipment Required for Vessels Subject to Chapter V of SOLAS

Application

103 (1) This Division applies in respect of the following vessels:

Application — exceptions

(2) Despite subsection (1), this Division does not apply in respect of the following Canadian vessels:

Compliance

104 (1) Subject to subsections (2) to (5), an authorized representative of a vessel must ensure that the following requirements are met in respect of the vessel:

Regulation 18 of Chapter V of SOLAS — type approval

(2) For the purposes of this section, the words “type approved by the Administration” used in Regulation 18 of Chapter V of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

Exception — Regulation 18.9 of Chapter V of SOLAS

(3) A Canadian vessel of 500 gross tonnage or more must comply with Regulation 18.9 of Chapter V of SOLAS only if it is engaged on an international voyage.

Exception — Regulation 19.2.2.3 of Chapter V of SOLAS

(4) The requirements set out in Regulation 19.2.2.3 of Chapter V of SOLAS do not apply

Exception — Regulation 19.2.7.1 of Chapter V of SOLAS

(5) For the purposes of this section, Regulation 19.2.7.1 of Chapter V of SOLAS must be read without reference to “or, where considered appropriate by the Administration, a second 9 GHz radar”.

DIVISION 3

Equipment Required for Vessels Not Subject to Chapter V of SOLAS

Non-application

105 This Division does not apply in respect of the following vessels:

Standard magnetic compasses

106 (1) Every vessel, except the following vessels, must be fitted with a standard magnetic compass, independent of any power supply, that can be used to determine the vessel’s heading and to display the reading at the main steering position:

Exception — vessels less than 150 gross tonnage

(2) Despite subsection (1), a vessel of less than 150 gross tonnage may be fitted with

Exception — vessels from 150 to 500 gross tonnage

(3) Despite subsection (1), a vessel that is of 150 gross tonnage or more but less than 500 gross tonnage may be fitted with

Compensation

(4) Every magnetic compass must be properly compensated and its table or curve of residual deviations must be available on board in the vicinity of the compass.

Means of correction

(5) Every vessel that is fitted with a magnetic compass, except pleasure crafts of less than 150 gross tonnage, must be fitted with a means of correcting heading and bearings to true at all times.

Means of communication

(6) Every vessel that is fitted with a standard magnetic compass must be fitted with a means of communication between the standard magnetic compass position and the position from which the vessel is normally navigated.

Sound reception systems

107 Every vessel that has a totally enclosed bridge must be fitted with a sound-reception system that can be used to enable the person in charge of the deck watch to hear sound signals and determine their direction.

Means of communicating

108 Every vessel with an emergency steering position must be fitted with a two-way voice communication system that can be used to communicate heading information to that position.

Vessels of 150 gross tonnage or more

109 (1) Every vessel of 150 gross tonnage or more must be fitted with the following equipment:

Exception

(2) Despite paragraph (1)(a), a vessel may be fitted with a GNSS receiver that is not referred to in item 8, column 1, of Schedule 1, if

Vessels of 300 gross tonnage or more

110 Every vessel of 300 gross tonnage or more must be fitted with the following equipment:

Vessels of 500 gross tonnage or more

111 Every vessel of 500 gross tonnage or more must be fitted with the following equipment:

Vessels of 3 000 gross tonnage or more

112 Every vessel of 3 000 gross tonnage or more must be fitted with the following equipment:

Vessels of 10 000 gross tonnage or more

113 Every vessel of 10 000 gross tonnage or more must be fitted with the following equipment:

Vessels of 50 000 gross tonnage or more

114 Every vessel of 50 000 gross tonnage or more must be fitted with the following equipment:

DIVISION 4

Additional Equipment

Voyage data recorder — vessel constructed after 2011

115 (1) A Canadian vessel that is not engaged on an international voyage must be fitted with a voyage data recorder (VDR) if the vessel was constructed on or after January 1, 2012 and is

Voyage data recorder — vessel constructed before 2012

(2) A Canadian vessel that is not engaged on an international voyage must be fitted with a VDR or a simplified voyage data recorder (S-VDR) if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

Exceptions

(3) Subsections (1) and (2) do not apply in respect of

Voyage data recorder — performance tests

116 (1) On installation of a voyage data recorder (VDR) or a simplified voyage data recorder (S-VDR) on a vessel, and each subsequent year after the date of installation, a performance test must be carried out in accordance with paragraph 2 and the Appendix to the Annex to IMO circular MSC.1/Circ.1222, Guidelines on Annual Testing of Voyage Data Recorders (VDR) and Simplified Voyage Data Recorders (S-VDR) by the manufacturer or a person authorized by the manufacturer.

Subsection 10(2) of Vessel Certificates Regulations

(2) In the case of a vessel that is required under section 115 to be fitted with a VDR, the annual performance test referred to in subsection (1) may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 10(2) of the Vessel Certificates Regulations if the period between tests does not exceed

Performance test certificate

(3) A copy of the most recent annual performance test certificate delivered by the person who completed the performance test must be kept on board the vessel.

Language of certificates

(4) If an annual performance test certificate is written in a language other than English or French, it must be accompanied by an English or French translation.

ECDIS

117 The following Canadian vessels, except cable ferries and pleasure crafts, that are constructed on or after the day on which this section comes into force must be fitted with an ECDIS:

AIS Class A

118 (1) The following vessels must be fitted with an AIS Class A:

AIS Class A or B

(2) Every vessel, other than a vessel referred to in subsection (1), that is engaged on a voyage other than a sheltered waters voyage must be fitted with an AIS Class A or an AIS Class B if

Graphic display

(3) Every vessel referred to in subsection (1) must be fitted with a means of displaying graphically the relative ranges and bearings received by the AIS.

Transmitting heading device or gyro-compass

(4) If an AIS Class A is fitted on a vessel and if the vessel is also fitted with a transmitting heading device or with a gyro-compass, they must be connected for transmitting heading information to the AIS.

Period of operation

(5) Every vessel referred to in subsections (1) and (2) must keep the AIS in operation for at least 30 minutes immediately before departure and for the entire duration of the voyage.

Exceptions — period of operation

(6) Subsection (5) does not apply

Pilot transfer

119 Every vessel that is engaged on a voyage that will likely require the services of a licensed pilot must meet the requirements respecting pilot transfer equipment and arrangements set out in Section B, entitled Pilotage Services in Canadian Waters, of the annual edition of Notices to Mariners.

Internal communication system

120 (1) Every Canadian vessel of 300 gross tonnage or more must be fitted with a two-way voice communication system.

System usage requirements

(2) The system must be capable of being used between any two of the following locations, in a normal ambient noise condition for each location:

Independent energy source

(3) The system must be capable of operating independently of the vessel’s main source of electrical energy for at least 12 hours.

Searchlights

121 (1) The following vessels must be fitted with two searchlights:

Fishing vessels constructed before September 1, 1984

(2) Fishing vessels of more than 150 gross tonnage that are more than 24 m in length and constructed before September 1, 1984 must be fitted with at least one searchlight.

Scope of lighting

(3) The searchlights required under subsection (1) must be mounted securely and in a manner that will allow their beams, when combined, to sweep an arc of 360° around the vessel.

Exclusive electrical circuit

(4) Each searchlight required under subsection (1) or (2) must be provided with an exclusive electrical circuit connected to the main or emergency switchboard.

Spare parts

(5) A vessel must carry on board, for each searchlight required under subsection (1) or (2), two spare bulbs and any spare electrical equipment that might be required under normal service conditions except if

Signal flags

122 Every Canadian vessel of more than 150 gross tonnage that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must carry on board the set of signal flags illustrated in Appendix 2 of the International Code of Signals, published by the IMO, of a size suitable for signalling.

Hand lead lines

123 (1) Every vessel that is 20 m or more in length and engaged on a voyage other than a sheltered waters voyage must be equipped with one hand lead line.

Requirements

(2) The hand lead line must

Manœuvring information — IMO resolution A.601(15)

124 (1) A vessel must establish and display manœuvring information in accordance with sections 1.2 and 3 of the Annex and the appendices to the Annex to IMO resolution A.601(15), Provision and Display of Manœuvring Information on Board Ships before the vessel enters into service and must keep that information on board, if

Definitions

(2) The following definitions apply in paragraph (1)(b).

Modification or conversion of vessel

(3) If a vessel is modified or converted such that its dimensions or other characteristics are altered in a way affecting the manœuvring capability of the vessel, the manœuvring information referred to in subsection (1) must be updated.

Exception

(4) If it is not practicable to establish the manœuvring information required by subsection (1) in its final form before the vessel enters into service, the information must be

Manœuvring information — IMO resolution A.209(VII)

(5) Every vessel of 1 600 gross tonnage or more that was constructed before March 1, 2001, other than a Safety Convention vessel, must establish and display manœuvring information as set out in the Annex to IMO resolution A.209(VII), Recommendation on Information to Be Included in the Manœuvring Booklets and must keep the manœuvring information on board.

Canadian towboats — radar

125 (1) A Canadian vessel that is a towboat must be fitted with

Exception

(2) A Canadian vessel that is a towboat does not have to meet the equipment requirements set out in subsection (1) if it is engaged in a towing operation in an emergency situation on an exceptional basis.

DIVISION 5

Additional Requirements — Vessels Not Subject to Chapter V of SOLAS

Non-application

126 This Division does not apply in respect of vessels subject to the requirements of Division 2 of this Part.

Guidelines and standards – bridge

127 On every vessel of 150 gross tonnage or more that is engaged on an international voyage and on every vessel of 500 gross tonnage or more that is engaged on a voyage other than a sheltered waters voyage, all decisions that affect bridge design, bridge procedures and the design and arrangement of navigational systems and equipment on the bridge must take into consideration the following documents:

Electromagnetic compatibility

128 The electrical and electronic equipment installed on a vessel of 150 gross tonnage or more that is engaged on an international voyage, or on a vessel of 500 gross tonnage or more, must meet the following requirements, if the equipment has not been type approved by a competent authority as meeting testing standard IEC 60945, Maritime Navigation and Radiocommunication Equipment and Systems – General Requirements – Methods of Testing and Required Test Results:

Modes of operation — equipment

129 The mode of operation being used must be indicated if equipment that is referred to in this Part and fitted on a vessel on or after July 1, 2002 offers alternative modes of operation.

Integrated bridge systems

130 Integrated bridge systems that are fitted on a vessel on or after July 1, 2002 must be so arranged that failure of any subsystem is brought to the immediate attention of the person in charge of the deck watch by audible and visual alarms and does not cause the failure of any other subsystem.

Failure of integrated navigation system

131 In the case of a failure in one part of an integrated navigation system, it must be possible to operate every other individual piece of equipment or part of the system separately.

Compass inspection

132 (1) During an inspection of the compasses on a vessel that is not a pleasure craft, the master of the vessel must

Inspector

(2) For the purposes of subsection (1), an inspector is a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act.

Heading or track control system

133 (1) When the heading or track control system of a vessel is used in an area of high traffic density, under conditions of restricted visibility or in any other hazardous navigational situation, means must be provided to enable the immediate changeover to manual steering.

Qualified helmsman

(2) In any situation described in subsection (1), the person in charge of the deck watch must ensure that the services of a qualified helmsman are available at all times to take over steering control.

Qualified person

(3) Every changeover from the heading or track control system to manual steering of a vessel and vice versa must be made by, or under the supervision of, the person in charge of the deck watch.

Manual steering — testing

(4) The manual steering of a vessel must be tested, while the heading or track control system is not in use, before the vessel enters any area where navigation demands special caution, and at least once a day, to ensure the manual steering is in effective operating condition.

Steering gear

134 If a vessel is fitted with two or more steering gear power units that are capable of simultaneous operation, the vessel must have at least two of those units in operation in areas where navigation demands special caution.

Steering gear changeover procedures

135 (1) A vessel that is fitted with a remote steering gear control system or a steering gear power unit must have permanently displayed, on its navigating bridge and in its steering gear compartment, if any, simple, brief operating instructions and a block diagram showing the changeover procedures for the system or unit.

Steering system familiarity

(2) The master and any person on board the vessel who is responsible for the operation or maintenance of the steering gear must be familiar with the operation of the steering systems fitted on the vessel and with the procedures for changing from one system to another.

Steering gear checks and tests

136 (1) Within 12 hours before the departure of a vessel, the steering gear of the vessel must be checked and tested and the checks and tests must include

Exception — regular voyages

(2) For a vessel that regularly engages on voyages of less than one week, the checks and tests referred to in subsection (1) do not need to be carried out within 12 hours before departure if those checks and tests have been carried out at least once every week.

Emergency steering drills

(3) In addition to the checks and tests referred to in subsections (1) and (2), emergency steering drills must be carried out at least once every three months and must include direct control from within the steering gear compartment, communications procedures with the navigating bridge and, where applicable, the operation of alternative power supplies.

Log book

(4) The person in charge of the deck watch must record the dates on which the checks and tests referred to in subsections (1) and (2) are carried out and the dates and details of the drills referred to in subsection (3) in the official log book, referred to in Division 7 of Part 3 of the Marine Personnel Regulations, if that Division applies to the vessel, or any log book if the Division does not apply to it.

Working language

137 (1) The master or authorized representative of a vessel must determine and record in the official log book referred to in Division 7 of Part 3 of the Marine Personnel Regulations or, if the Division does not apply, any log book, the appropriate working language for the purposes of navigational safety matters, and must ensure that each crew member is able to

Translations

(2) If the working language is not an official language of the state whose flag the vessel is entitled to fly, all plans and lists required to be posted, and all documents establishing procedures, must include a translation into the working language in addition to a copy in an official language.

English as working language

(3) Despite subsection (1), English must be used for bridge-to-bridge and bridge-to-shore safety communications, as well as for communications on board between the pilot and bridge watchkeeping personnel, unless the individuals directly involved in the communication speak a common language other than English.

Record of navigational activities

138 (1) Every vessel of 150 gross tonnage or more that is engaged on an international voyage must keep a record on board of navigational activities and events that are of importance to the safety of navigation.

Contents of record

(2) The record must contain

Maintenance of record

(3) The record must be maintained in accordance with section 4 of the Annex referred to in subsection (2) and kept for at least five years.

Plan for cooperation — search and rescue

139 (1) Every passenger vessel of less than 150 gross tonnage that is engaged on an international voyage must keep on board a plan for cooperation with the search and rescue services for each area in which the vessel navigates in the event of an emergency.

Plan for cooperation — requirements

(2) The plan for cooperation must

Visibility requirements from navigating bridge

140 (1) Every Canadian vessel that is 55 m or more in length and that is constructed on or after July 1, 2002, must comply with the following requirements:

Canadian vessels constructed before July 1, 2002

(2) Every Canadian vessel that is 55 m or more in length that was constructed before July 1, 2002 must comply with the requirements set out in paragraphs (1)(a) and (b), unless structural alterations or additional equipment are required to comply with those requirements.

DIVISION 6

Charts and Publications

Definitions

141 The following definitions apply in this Division.

Charts, documents and publications on board

142 (1) The master and authorized representative of a vessel must ensure that the most recent versions of the following charts, documents and publications, in respect of each area where the vessel is scheduled to be navigated, are kept on board:

Document availability — paragraphs (1)(e) and (f)

(2) The master and authorized representative of a vessel must ensure that the table required under paragraph (1)(e) and the publication required under paragraph (1)(f) are readily available to the person in charge of navigation.

Exception — less than 100 gross tonnage

(3) Subsection (1) does not apply in the case of a vessel of less than 100 gross tonnage, if the person in charge of navigation has sufficient knowledge of the following about where the vessel is to be navigated such that the safety and efficiency of navigation in that area will not be compromised:

Exception — charts, documents and publications

(4) Subsection (1) does not apply if, after reasonable efforts, the master and authorized representative of a vessel are unable to obtain at any place where the vessel calls, the charts, documents or publications required under this Division and the safety and efficiency of navigation will not be compromised. However, they must comply with subsection (1) as soon as circumstances permit.

Exception — foreign state publications

(5) The publications referred to in paragraphs (1)(c) and (d) may be replaced by similar publications issued officially by or on the authority of a hydrographic office or other relevant government institution of a foreign state, if the information contained in them that is necessary for the safe navigation of a vessel in the area in which the vessel is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the publications referred to in those paragraphs.

Electronic chart

143 (1) A chart referred to in paragraph 142(1)(a) may be in electronic form if it is displayed on an ECDIS that

Definition of ENC

(2) For the purposes of subsection (1), ENC means an electronic navigational chart database that

Planning a voyage

144 (1) The master of a vessel must, before the vessel embarks on a voyage, plan the voyage taking into account the Annex to IMO resolution A.893(21), Guidelines for Voyage Planning, and if charts, documents and publications are required to be kept on board under section 142, by using those charts, documents and publications to the extent that they relate to voyage planning.

Identifying a route

(2) When planning the voyage, the master must identify a route taking the following factors into account:

Voyage display and position monitoring

(3) The master of a vessel must display the vessel’s route for the voyage using a chart referred to in paragraph 142(1)(a) and plot and monitor the vessel’s position throughout the voyage on that chart.

Navigation accessories

145 Any vessel that is required under section 142 to keep charts, documents and publications on board must be fitted with

Up-to-date charts, documents and publications

146 (1) The master of a vessel must ensure that the charts, documents and publications required under this Division, before being used to plan and execute a voyage, are correct and up-to-date, based on information that is contained in Notices to Mariners or a navigational warning.

Exception

(2) Subsection (1) does not apply if the circumstances of the voyage are such that it is impossible for the master, after making reasonable efforts, to receive Notices to Mariners or navigational warnings.

[147 to 199 reserved]

PART 2

Marine Radiocommunications

Definitions

Definitions

200 The following definitions apply in this Part.

DIVISION 1

General Requirements

Application

201 (1) This Division applies in respect of Canadian vessels everywhere

Application — sections 203 to 207

(2) Sections 203 to 207 also apply in respect of foreign vessels in Canadian waters.

Non-application

(3) This Division does not apply in respect of

Towboats

202 A towboat that is not a Safety Convention vessel and that is engaged in a towing operation outside the sea area in which it normally operates is not required to meet any additional radio equipment requirements for outside that sea area if

Responsibility of authorized representative

203 The authorized representative must ensure that the vessel is equipped with radio equipment in accordance with this Part before the vessel embarks on a voyage and throughout the voyage.

VHF radio installation

204 (1) A vessel on a voyage, any part of which is in sea area A1, within VHF coverage of a Canadian Coast Guard station or on a voyage more than five nautical miles from shore on the sea coasts of Canada, must be fitted with a VHF radio installation capable of DSC if the vessel is

Exception

(2) Subsection (1) does not apply to a vessel that carries six passengers or less and is not more than 8 m in length if it is equipped with a portable VHF handheld radio capable of DSC.

Great Lakes — supplementary VHF radio for certain vessels

205 (1) The following vessels, if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation that is in addition to the one required under section 204:

Supplementary VHF radio for other vessels

(2) The following vessels, other than a vessel referred to in subsection (1), if engaged on a voyage in the Great Lakes Basin, must be fitted with a VHF radio installation or a portable VHF handheld radio in addition to the radio equipment required under section 204:

Technical Regulations of the Great Lakes Agreement

(3) All VHF radio installations and portable VHF handheld radios required under this section must meet the requirements set out in Regulations 1 and 2 of the Technical Regulations annexed to the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973.

Navigation outside sea area A1

206 A vessel that is engaged on a voyage any part of which is outside sea area A1 must be equipped with radio equipment capable of establishing two-way communications at any time with a Canadian Coast Guard Marine Communications and Traffic Services Centre or, if that is not possible, with another organization or person on shore that is providing communications with the vessel, if it is a vessel that

Part C of Chapter IV of SOLAS

207 (1) The following vessels must be fitted with radio equipment in accordance with Part C of Chapter IV of SOLAS:

Gulf of St. Lawrence

(2) For the purposes of this section, sea area A1 includes all of the Gulf of St. Lawrence.

Regulation 14 of Chapter IV SOLAS — type approval

(3) For the purposes of this section, the words “type approved by the Administration” used in Regulation 14 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when that Regulation applies to a Canadian vessel.

Regulation 15 of Chapter IV SOLAS — interpretation

(4) For the purposes of this section,

Regulation 15 of Chapter IV SOLAS – exception

(5) Despite paragraph (1)(b), the requirement set out in Regulation 15 of Chapter IV of SOLAS that refers to sea areas A3 and A4 does not apply to a vessel referred to in that paragraph that is engaged on a voyage in either of those sea areas, if the vessel meets the requirement set out in Regulation 15 of Chapter IV that refers to sea areas A1 and A2.

SART

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

Float-free EPIRB

209 (1) A vessel must be fitted with a float-free EPIRB if

Float-free EPIRB — location

(2) The float-free EPIRB must be fitted on board a vessel such that it would allow the EPIRB to

EPIRB or other equipment

(3) A vessel that is 12 m or less in length and engaged on a near coastal voyage, Class 2 on the waters of the sea coasts of Canada, the waters of the Great Lakes, their connecting and tributary waters or the waters of the St. Lawrence River must be equipped with

Manual EPIRB or other equipment — location

(4) A manually activated EPIRB, a PLB or a portable VHF handheld radio capable of DSC must be worn by the person in charge of the navigational watch or, if that is not practicable, stowed so that it is readily accessible for immediate use in the event of abandonment of the vessel.

Broadcast service of maritime safety information

210 (1) A vessel that is engaged on a voyage beyond the limits of sea area A1 in an area where there is a broadcast of maritime safety information over medium frequency, such as by an international NAVTEX service, must be fitted with a NAVTEX receiver or another receiver that is compatible with the broadcast service, if it is

Maritime safety information

(2) A vessel that is not subject to the requirement of subsection (1) and that is engaged on a near coastal voyage, Class 1 or an unlimited voyage must have the necessary equipment to receive maritime safety information during the voyage.

Search and rescue VHF radio direction-finding apparatus

211 The following vessels must be fitted with a search and rescue VHF radio direction-finding apparatus:

Documents and publications

212 The master and authorized representative of a vessel must ensure that the following documents and publications are kept on board in a readily accessible location:

Antenna plan

213 A vessel that is 20 m or more in length must have an antenna plan that indicates the relative position of each antenna.

Main operating position requirements

214 The main operating position of a radio installation must have

Spare antenna

215 A vessel referred to in subsection 204(1) that is 20 m or more in length and fitted with only one VHF radio installation capable of DSC must be equipped with a spare antenna accompanied by sufficient interconnecting cable to permit the fast replacement of the main antenna without retuning.

Sources of electrical energy

216 A vessel must have a supply of electrical energy sufficient to operate its radio installation and to charge any batteries used as part of the reserve source of energy for the radio installation.

Reserve source of energy

217 (1) A vessel that is 20 m or more in length, a vessel that carries more than six passengers or a towboat must have

Exception

(2) Subsection (1) does not apply to a vessel that carries more than six passengers or a towboat, if

DIVISION 2

Technical Requirements

Application — Canadian vessel

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

Application — foreign vessel

(2) Sections 219 and 223 and the requirement under subsection 240(3) to inspect the radio installation also apply in respect of any radio equipment, including documentation for the equipment, that a foreign vessel in Canadian waters must have on board under Division 1 of this Part, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations, as applicable.

Application — section 228

(3) Section 228 applies in respect of all EPIRBs and PLBs on board

General requirements — radio installation

219 A radio installation must be

VHF radio accessibility

220 A VHF radiotelephone and a VHF radio installation must be accessible from the vessel’s conning position and its operation, including the selection of channels, must be possible from that position.

Position of vessel

221 If radio equipment is capable of automatically providing the vessel’s position when transmitting a distress alert, the vessel’s position and the time the vessel was at that position must be made available from a GNSS receiver for transmission by the radio equipment.

Radio equipment standards

222 (1) The radio equipment referred to in column 1 of Schedule 3 must be of a type approved by a competent authority as meeting the following standards:

Exception — equivalent standard

(2) The equipment may be type approved by a competent authority as meeting a standard that provides a level of safety that is equivalent to or higher than that provided by the standards referred to in paragraph (1)(c) or (d) instead of the standards referred to paragraph (1)(c) or (d), as the case may be.

Exception — VHF radio installation capable of DSC

(3) The VHF radio installation capable of DSC on board a vessel referred to in paragraph 207(1)(b) may meet either of the following standards instead of the standards referred to in paragraphs (1)(c) and (d):

Type Approval

(4) The type approval must be evidenced by a label or document issued by the competent authority.

Placement of document or label

(5) The type approval must be

English or French translation

(6) If the label or document is written in a language other than English or French, it must be accompanied by an English or French translation.

Rechargeable battery

(2) A portable VHF handheld radio capable of DSC that is powered by a rechargeable battery must be accompanied by a device capable of fully charging the battery from empty within 10 hours.

Supplementary VHF radio

224 (1) Any supplementary VHF radio installation that a vessel is fitted with under section 205 must be functionally independent from the VHF radio installation required under section 204.

Source of energy

(2) The VHF radio installations referred to in subsection (1) may be connected to the main source of energy for the vessel, but one of them must have another source of energy that is located in the upper part of the vessel.

VHF radio antenna

225 The antenna of a VHF radio installation must be

Battery-powered VHF radio

226 (1) If batteries are the main source of energy for a VHF radio installation on board a vessel, the batteries must

Exception to paragraph (1)(a)

(2) If it is impracticable to locate the batteries in the upper part of a vessel whose construction began before June 1, 1978 or that is less than 20 m in length, they must be located as high in the hull as is possible.

MF/HF radio installations

227 An MF/HF radio installation’s transmitter on board a vessel must be capable of delivering 125 W peak envelope power at the output of the transmitter.

Beacon registration

228 (1) The authorized representative of a vessel, or in the case of a pleasure craft that is not a Canadian vessel, the owner of the vessel, must register an EPIRB or PLB with the Canadian Beacon Registry, which is maintained by the Department of National Defence.

Updating the Canadian Beacon Registry

(2) The authorized representative or the owner, as the case may be, must update the information contained in the Canadian Beacon Registry with respect to the registration within 30 days after a change in the information.

EPIRB and PLB — Type Approved

229 (1) Every EPIRB and PLB must be of a type approved by Cospas-Sarsat as meeting the requirements of standard C/S T.007 entitled Cospas-Sarsat 406 MHz Distress Beacons Type Approval Standard, published by Cospas-Sarsat.

Type approval certificate

(2) The type approval referred to in subsection (1) must be evidenced by a type approval certificate that is kept in a readily accessible location on board.

Replacing the automatic release mechanism — EPIRB

230 (1) The automatic release mechanism of an EPIRB must be marked with the replacement date determined by the manufacturer and be replaced on or before that date in accordance with the manufacturer’s instructions.

Replacing the battery — EPIRB and PLB

(2) The battery of an EPIRB and the battery of a PLB must be replaced in accordance with the manufacturer’s instructions

Replacing the battery — SART

231 The battery of a SART must be replaced in accordance with the manufacturer’s instructions on or before the expiry date indicated on the battery.

Battery — survival craft VHF radiotelephone

232 A battery used to power a survival craft VHF radiotelephone must

Search and rescue VHF radio direction-finding equipment

233 Search and rescue VHF radio direction-finding equipment must

Reserve source of energy

234 (1) If a vessel is required to have a reserve source of energy under section 217, the reserve source must be capable of

Capacity

(2) The reserve source of energy must have a capacity to provide electrical energy for

Electrical capacity

(3) The electrical capacity of the reserve source of energy under distress conditions must, for the period prescribed in subsection (2), be equal to the total of

Independence

(4) The reserve source of energy must be independent of the propelling power of the vessel and the vessel’s electrical system.

Simultaneous supply

(5) The reserve source of energy must, for the period prescribed by subsection (2), be capable of

Electrical lighting

(6) The reserve source of energy must be used to supply the electrical lighting for a radio installation unless the electrical lighting has an independent source of energy that meets the capacity requirements set out in subsection (2).

Reserve source of energy — rechargeable batteries

235 (1) If the reserve source of energy consists of rechargeable batteries, a vessel must have

Installation of rechargeable batteries

(2) Rechargeable batteries that constitute the reserve source of energy for a radio installation must be installed so that they

Failure of electrical energy source

(3) If a radio installation requires an uninterrupted input of data from the vessel’s GNSS receiver in order to function properly, the radio installation must have a means to ensure that uninterrupted input of data in the event of a failure of the vessel’s main or emergency source of electrical energy.

Assessments and tests before a voyage

236 A radio operator must ensure that the radio equipment is in proper operating condition before the vessel embarks on a voyage.

Assessment of radio installation at sea

237 (1) While a vessel is at sea, a radio operator must assess

Test call

(2) When a vessel has been out of the communication range of a radio installation or a coast station that is capable of DSC for longer than a week, a radio operator must make the test call at the first opportunity after the vessel is within the communication range of a coast station in order to assess the operating condition of the radio installation.

Testing transmitter functioning

(3) A radio operator must, when testing the operating condition of a radio installation transmitter, use the antenna normally used for the transmitter.

Restoring to proper functioning

(4) If an assessment referred to in subsection (1) or (2) indicates that the radio equipment or the reserve source of energy is not operating properly, the equipment or source of energy must be restored to its proper operating condition without delay.

Out-of-service radio installation

(5) If a radio installation is out-of-service for more than 30 days, a radio operator must verify, within the seven days before the vessel embarks on a voyage, that the radio equipment is in proper operating condition and must enter that information in the radio log.

Radio equipment batteries

238 (1) If batteries constitute a source of electrical energy for radio equipment, other than an EPIRB or PLB, they must be

Reserve rechargeable batteries

(2) Rechargeable batteries that constitute a reserve source of electrical energy for any radio equipment must undergo

Inspection and testing of EPIRB or PLB

239 (1) An EPIRB or PLB, other than an EPIRB or PLB stowed in an inflatable life raft, must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

Inspection and testing of a SART

(2) A SART must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

VHF radiotelephone testing

(3) A survival craft VHF radiotelephone must be tested by a radio operator during each boat and fire drill held on board the vessel, if the radiotelephone has a power source that can be replaced or recharged by the user.

Radio inspection certificate

240 (1) To engage on a voyage, the following vessels, other than a passenger vessel that is a Safety Convention vessel, must have a radio inspection certificate:

Safety certificate — passenger vessel

(2) The master of a passenger vessel that is a Safety Convention vessel must keep on board the Passenger Ship Safety Certificate required under the Vessel Certificates Regulations.

Inspection certificate — Great Lakes Agreement

(3) The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973, must keep on board an inspection certificate issued by the Minister evidencing compliance with subsection 205(3) of these Regulations.

Issuance of radio inspection certificate

(4) The Minister must issue a radio inspection certificate to a vessel if the radio installation meets the requirements of this Part.

DIVISION 3

Radiotelephone Procedures

Application — Canadian vessels

241 (1) Sections 242 to 248 apply in respect of Canadian vessels that are required under Division 1 of this Part to be fitted with radio equipment.

Application — foreign vessels

(2) Sections 243 to 245, paragraph 246(1)(b) and subsection 246(2) also apply in respect of foreign vessels that are required under Division 1 of this Part to be fitted with radio equipment.

Application — sections 249 to 254

(3) Sections 249 to 254 apply in respect of any vessel that is not a Canadian vessel in Canadian waters and in respect of any Canadian vessel that is required under Division 1 of this Part to be fitted with a VHF radio installation.

Officers responsible

242 The master of a vessel and the person in charge of the deck watch must ensure that the requirements of this Division are met.

Communications of distress, urgency or safety

243 A vessel must make communications of distress, urgency or safety in accordance with the requirements of articles 32 to 34 of Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Cancellation of distress signals and alerts

244 A person who has inadvertently transmitted a distress alert from a vessel or, after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts.

Communication power

245 Except in a case of distress, a radio installation must not radiate more power than the power required to ensure clear communication.

Time

246 (1) A radio operator using a radio installation, must, when stating the time during voice communications on board a vessel, observe the time in the following manner:

24-hour system

(2) A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Radio record

247 (1) A vessel must maintain a record in which the radio operator keeps the following information:

Radio record entry

(2) The radio operator making an entry in a radio record must initial the entry.

Accessibility

(3) The radio record must be kept for a period of not less than 12 months after the day on which the last entry is made, in a place accessible to a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act, and in the case of a paper record, it must be in its original format.

Continuous watch

248 (1) A vessel that is fitted with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

MF/HF radio installation

(2) A vessel fitted with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Delayed radio transmission

249 If, at any time, a radio transmission required to be made under these Regulations is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Radio operator

250 (1) The master of a vessel or a person authorized by the master to maintain a continuous listening watch or to make a navigation safety call required under this Division must be a radio operator.

Obligation to inform

(2) If the person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Steering and sailing rules

251 Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manœuvres that contravene the steering and sailing rules of those Regulations.

Continuous listening watch

252 (1) Every vessel that is required under section 204 to be fitted with a VHF radio installation must maintain a continuous listening watch during the period beginning 15 minutes before the vessel is underway and ending when the vessel is

VHF channel

(2) A VHF radio installation, referred to in subsection (1), on board a vessel described in column 1 of Schedule 4 must be set to the appropriate VHF channel set out in column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

Interrupted watch

(3) If a vessel is not fitted with an additional VHF radio installation, the continuous listening watch referred to in subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.

Navigation safety call

253 (1) Every vessel that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4, other than a dredge or floating plant, must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel, under the following circumstances:

Call — paragraph (1)(j)

(2) The navigation safety call required under the circumstances specified in paragraph (1)(j) must be made 15 minutes before and again immediately before departure from the berth, anchorage, mooring area, booming ground, dredge or floating plant.

Content of call

(3) The navigation safety call must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

Exception

(4) A vessel is not required to make a navigation safety call in the circumstances described in paragraph (1)(i) or (j) if the vessel

Call power — Great Lakes Basin

(5) The transmission power of a navigation safety call on Channel 13 within the Great Lakes Basin must not exceed 1 W except in the following cases when that power must not exceed 25 W:

Definition of vessel restricted in its ability to manœuvre

(6) For the purposes of subsections (1) and (3), vessel restricted in its ability to manœuvre has the meaning assigned by the definition vessel restricted in her ability to manœuvre in Rule 3(g) of Schedule 1 to the Collision Regulations.

Dredges and floating plants

254 (1) Every dredge or floating plant that is required under section 204 to have a VHF radio installation and that is a vessel described in column 1 of Schedule 4 must make a navigation safety call on the appropriate VHF channel set out in column 3 for that vessel under the following circumstances:

Content of call

(2) A navigation safety call referred to in subsection (1) must not exceed one minute in duration and must contain only information that is essential for safe navigation, including the following, in sequence:

Exception

(3) A dredge or floating plant is not required to make a navigation safety call in the circumstances described in paragraph (1)(a) if it is reporting to a traffic centre.

[255 to 299 reserved]

PART 3

Limitations and Prohibitions

General

Definitions

300 The following definitions apply in this Part.

DIVISION 1

Anchorage

Prohibited waters

301 It is prohibited for a vessel to anchor within the waters described in Schedule 5.

Instructions and directions

302 Every vessel within the waters described in Schedule 5 must comply with any instruction or direction relating to any navigation limitation or prohibition or other shipping measure contained in Notices to Mariners or a navigational warning.

DIVISION 2

Burlington Canal

Speed limit

303 It is prohibited for a vessel to navigate in the Burlington Canal at a speed greater than

Passing prohibited

304 (1) A vessel heading towards the Burlington Canal must not, if it is within 0.5 nautical miles of the canal, pass another vessel going in the same direction.

Exception

(2) Subsection (1) does not apply in respect of vessels that are less than 15 m in length.

Request to lift the bridge

305 If the person who has the conduct of a vessel requires the lift bridge over the Burlington Canal to be raised, the person must make a request to the bridgemaster by radio communication or, if such communication is not possible, the person must sound three long blasts on the whistle or horn.

Entry of vessel 15 m or more

306 (1) Subject to subsection (2), it is prohibited for a vessel that is 15 m or more in length to enter the Burlington Canal unless the signal light on the lift bridge shows green in the direction of the vessel.

Exception in case of emergency

(2) In the case of an emergency, a vessel that is 15 m or more in length may enter the Burlington Canal while the signal light on the lift bridge does not show green in its direction, but it must moor at the north wall of the canal and must not proceed until the signal light shows green in its direction.

Entry of vessel less than 15 m

307 It is prohibited for a vessel that is less than 15 m in length to enter the Burlington Canal while the lift bridge is not raised or while a flashing blue light is not shown in its direction, unless it waits at the side of the canal to its starboard at a distance of 90 m or more from the lift bridge until the bridge is raised or a flashing blue light is shown in its direction.

Prohibition — under sail

308 It is prohibited for a vessel to navigate under sail in the Burlington Canal.

DIVISION 3

St. Clair River and Detroit River

Application

309 (1) This Division, other than section 314, applies in respect of

Exception — section 311

(2) Section 311 does not apply in respect of a vessel referred to in subsection (1) unless the vessel is required under Part 2 to be fitted with a VHF radio installation or VHF radio telephone.

Exception — sections 312 and 313

(3) Sections 312 and 313 do not apply in respect of a vessel referred to in subsection (1) that is

Application — section 314

(4) Section 314 applies in respect of a vessel referred to in subsection (1) that is

Conflict

310 In the event of any inconsistency between this Division and the laws of the United States, the laws of the United States prevail to the extent of the inconsistency in respect of a Canadian vessel while it is in United States waters.

Continuous listening watch

311 Every vessel must maintain a continuous listening watch in accordance with Radio Aids to Marine Navigation published by the Canadian Coast Guard and make traffic reports to the Canadian Coast Guard Marine Communications and Traffic Services Centre located in Sarnia, Ontario, under the circumstances set out in that publication.

Detroit River restrictions

312 (1) It is prohibited for a vessel in the Detroit River to

Exception — paragraph (1)(b)

(2) Despite paragraph (1)(b), the Assistant Commissioner may authorize a vessel to proceed downbound in the Amherstburg Channel east of Bois Blanc Island if the safety of navigation is not compromised.

Overtaking prohibited

313 It is prohibited for a vessel to overtake another vessel

Area of one-way traffic

314 The waters between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” constitute an area of alternating one-way traffic where the following rules apply

Embark, disembark or exchange pilot

315 It is prohibited for a vessel to embark, disembark or exchange a pilot between the St. Clair/Black River Junction Light and Lake Huron Cut Lighted Buoy “1” unless, because of the weather, it is unsafe to carry out that activity at the normal pilotage ground above Lake Huron Cut Lighted Buoy “1”.

Navigation safety calls

316 Every vessel must, by using navigation safety calls, communicate its intentions to any other vessel in the vicinity and ensure that the movements of the vessels are coordinated and there is an agreement between the vessels before proceeding to overtake or meet the other vessel.

Anchorage rules

317 In the St. Clair and Detroit Rivers, it is prohibited for a vessel to anchor in such a manner that it could swing into the channel or across steering courses.

Floating plant activities

318 A floating plant may be operated, anchored or moored for the purposes of engaging in dredging, construction or wrecking only if the person having conduct of the floating plant obtains an authorization from the Assistant Commissioner, the District Commander, the Captain of the Port or the Windsor harbour master having jurisdiction in waters in which the floating plant will operate, anchor or moor, on such terms and conditions as are necessary to ensure the safety of navigation.

Speed limits

319 Except when required for the safety of the vessel or any other vessel, a vessel that is 20 m or more in length must not proceed at a speed greater than

Towboat

320 (1) It is prohibited for a towboat to drop or anchor its tows in such a manner that they could swing into a channel or across steering courses.

Prohibition against obstructing navigation

(2) It is prohibited for a towboat engaged in arranging its tow to obstruct the navigation of other vessels.

Temporary instructions

321 Despite anything in this Division, a vessel must comply with temporary instructions to proceed in a certain manner or by a certain route, to anchor in a certain place or not to proceed or anchor except as specified in lieu of or in addition to any provisions of this Division if because of channel obstructions, a casualty, the weather, ice conditions, water levels or other unforeseen or temporary circumstances, compliance with this Division would be impossible, impracticable or unsafe or would cause a risk of pollution, and the instructions are

[322 to 399 reserved]

PART 4

Transitional Provision, Consequential Amendments, Repeals and Coming into Force

Transitional Provision

Application – subsection 118(1)

400 Subsection 118(1) does not apply until 180 days after the day on which this section comes into force, except in the case of the following vessels in respect of which that subsection applies beginning on the day on which this section comes into force:

Consequential Amendments

Canada Shipping Act, 2001
Large Fishing Vessel Inspection Regulations

401 (1) Subsections 24.1(3) and (4) of the Large Fishing Vessel Inspection Regulationsfootnote 1 are replaced by the following:

(3) Every SART carried on a fishing vessel shall meet the requirements of sections 222 and 231 of the Navigation Safety Regulations, 2020.

(4) Every SART carried on a fishing vessel shall be inspected and tested in accordance with the requirements of subsection 239(2) of the Navigation Safety Regulations, 2020.

(2) Paragraphs 24.1(5)(a) and (b) of the Regulations are replaced by the following:

402 Subsections 24.2(2) and (3) of the Regulations are replaced by the following:

(2) Every survival craft VHF radiotelephone apparatus carried on a fishing vessel shall meet the requirements of sections 222 and 232 of the Navigation Safety Regulations, 2020.

(3) Every survival craft VHF radiotelephone apparatus carried on a fishing vessel shall be tested in accordance with the requirements of subsection 239(3) of the Navigation Safety Regulations, 2020.

Life Saving Equipment Regulations

403 Section 124 of the Life Saving Equipment Regulationsfootnote 2 is replaced by the following:

124 (1) Every survival craft VHF radiotelephone apparatus carried on a ship shall meet the requirements of sections 222 and 232 of the Navigation Safety Regulations, 2020.

(2) Every survival craft VHF radiotelephone apparatus carried on a ship shall be tested in accordance with the requirements of subsection 239(3) of the Navigation Safety Regulations, 2020.

404 Section 125 of the Regulations is replaced by the following:

125 (1) Every SART carried on a ship shall meet the requirements of sections 222 and 231 of the Navigation Safety Regulations, 2020.

(2) Every SART carried on a ship shall be inspected and tested in accordance with the requirements of subsection 239(2) of the Navigation Safety Regulations, 2020.

405 Section 126 of the Regulations is replaced by the following:

126 (1) A Class II EPIRB carried on a ship shall meet the requirements of sections 222 and 228 to 230 of the Navigation Safety Regulations, 2020.

(2) A Class II EPIRB carried on a ship shall be inspected and tested in accordance with the requirements of subsection 239(1) of the Navigation Safety Regulations, 2020.

406 Subparagraph 1(1)(d)(iii) of Schedule IV to the Regulations is replaced by the following:

Fishing Vessel Safety Regulations

407 (1) Subitem 3(b) of the table to subsection 3.28(1) of the Fishing Vessel Safety Regulationsfootnote 3 is replaced by the following:

Item

Column 3

Other Life-saving Appliances
3 (b) an EPIRB, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020; and

(2) Subparagraph 4(b)(i) of the table to subsection 3.28(1) of the Regulations is replaced by the following:

Item

Column 3

Other Life-saving Appliances
4(b) (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020, and

(3) Subparagraph 5(b)(i) of the table to subsection 3.28(1) of the Regulations is replaced by the following:

Item

Column 3

Other Life-saving Appliances
5(b) (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required under the Navigation Safety Regulations, 2020, and

408 Section 3.35 of the Regulations is replaced by the following:

Illumination of compasses

3.35 (1) A compass that is required to be fitted on a fishing vessel under the Navigation Safety Regulations, 2020, 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 navigates within sight of seamarks shall either carry on board a handheld compass or be fitted with a compass that meets the requirements of the Navigation Safety Regulations, 2020 and can be illuminated.

409 Paragraph 3.36(a) of the Regulations is replaced by the following:

Steering Appliances and Equipment Regulations

410 The heading before section 6 and sections 6 to 16 of the Steering Appliances and Equipment Regulationsfootnote 4 are repealed.

411 Section 17 of the Regulations is replaced by the following:

17 The owner of every ship to which sections 3 to 5 apply shall ensure that those sections are complied with.

Competency of Operators of Pleasure Craft Regulations

412 Subparagraph 6(2)(e)(v) of the Competency of Operators of Pleasure Craft Regulationsfootnote 5 is replaced by the following:

Marine Personnel Regulations

413 Paragraph 1(2)(b) of the Marine Personnel Regulationsfootnote 6 is replaced by the following:

414 Paragraph 200(6)(a) of the Regulations is replaced by the following:

415 The portion of subparagraph 216(2)(a)(iii) of the Regulations before clause (A) is replaced by the following:

416 Section 254 of the Regulations is replaced by the following:

254 The master of a vessel that is securely anchored, moored or made fast to the shore or secured to the bottom shall ensure, in accordance with section 252 of the Navigation Safety Regulations, 2020, that a continuous listening watch is maintained if, in the master’s opinion, the vessel is in a place where its presence may constitute a hazard to passing vessels.

417 The portion of subsection 266(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The authorized representative of a vessel referred to in paragraph 207(1)(b) of the Navigation Safety Regulations, 2020 that is operating in sea area A2, sea area A3 or sea area A4, shall employ and the master of that vessel shall ensure that there is on board

Small Vessel Regulations

418 Subitem 3(c) of the table to section 207 of the Small Vessel Regulationsfootnote 7 is replaced by the following:

Item

Column 2

Navigation Equipment
3 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

419 (1) Subitem 1(c) of the table to subsection 413(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
1 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

(2) Subitem 2(c) of the table to subsection 413(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
2 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

(3) Subitem 3(c) of the table to subsection 413(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
3 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

420 (1) Subitem 1(c) of the table to subsection 511(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
1 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

(2) Subitem 2(c) of the table to subsection 511(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
2 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020

(3) Subitem 3(c) of the table to subsection 511(1) of the Regulations is replaced by the following:

Item

Column 2

Navigation Equipment
3 (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2020
Long-Range Identification and Tracking of Vessels Regulations

421 Subsection 4(2) of the Long-Range Identification and Tracking of Vessels Regulationsfootnote 8 is replaced by the following:

Exception — sea area A1

(2) Subsection (1) does not apply in respect of a vessel that operates exclusively in sea area A1 if it is fitted with an automatic identification system that meets the requirements of section 118 of the Navigation Safety Regulations, 2020 and is operated in accordance with that section.

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

423 Paragraph 8(3)(b) of the Regulations is replaced by the following:

424 Section 9 of the Regulations is replaced by the following:

Failure of system

9 If the Minister or the Canadian Coast Guard informs the master of a vessel that any part of the system used to receive LRIT information from the vessel or to disseminate the information has failed, the master shall make an entry in the record of navigational activities and events maintained under section 138 of the Navigation Safety Regulations, 2020 setting out the date and time the master was informed.

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act
Newfoundland Offshore Petroleum Installations Regulations

425 Subsections 36(4) and (5) of the Newfoundland Offshore Petroleum Installations Regulationsfootnote 9 are replaced by the following:

(4) The operator of a manned installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2020 as if the installation were on a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply.

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Nova Scotia Offshore Petroleum Installations Regulations

426 Subsections 36(4) and (5) of the Nova Scotia Offshore Petroleum Installations Regulationsfootnote 10 are replaced by the following:

(4) The operator of a manned installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply.

Canada Oil and Gas Operations Act
Canada Oil and Gas Installations Regulations

427 Subsections 36(4) and (5) of the Canada Oil and Gas Installations Regulationsfootnote 11 are replaced by the following:

(4) The operator of a manned offshore installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2020 as if the installation were a ship to which those Regulations apply.

Repeals

428 The following Regulations are repealed:

Coming into Force

Registration

429 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

First anniversary

(2) Section 117 and subsection 118(3) come into force on the first anniversary of the day on which these Regulations are registered.

SCHEDULE 1

(Subsection 101(1), paragraphs 101(6)(a) and 109(1)(a) and subsection 109(2))

STANDARDS RESPECTING EQUIPMENT

Item

Column 1

Equipment

Column 2

IMO Standards

Column 3

ISO Standards

Column 4

IEC Standards

1

Magnetic compasses and compass bearing devices

Resolution A.382(X), Annex II, Magnetic Compasses Carriage and Performance Standards

ISO 25862: Ships and Marine Technology — Marine Magnetic Compasses, Binnacles and Azimuth Reading Devices

N.A.

2

Gyro-compasses and gyro-compass repeaters

Resolution A.424(XI), Annex, Performance Standards for Gyro Compasses

ISO 8728: Ships and Marine Technology — Marine Gyro-compasses

N.A.

3

Transmitting heading devices

Resolution MSC.116(73), Annex, Performance Standards for Marine Transmitting Heading Devices (THDs)

ISO 22090-1: Ships and Marine Technology — Transmitting Heading Devices (THDs) — Part 1: Gyro-compasses

ISO 11606: Ships and Marine Technology — Marine Electromagnetic Compasses

N.A.

4

Heading control systems

Resolution A.342(XI), Annex, Recommendation on Performance Standards for Automatic Pilots

ISO 11674: Ships and Marine Technology — Heading Control Systems

N.A.

5

Track control systems

Resolution MSC.74(69), Annex 2, Adoption of New and Amended Performance Standards

N.A.

IEC 62065: Maritime Navigation and Radiocommunication Equipment and Systems – Track Control Systems – Operational and Performance Requirements, Methods of Testing and Required Test Results

6

Radars, electronic plotting aids and automatic tracking aids

      
 
  • (a) equipment installed before July 1, 2008; and

Resolution A.477(XII), Annex, Performance Standards for Radar Equipment

N.A.

IEC 62388: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Radar – Performance Requirements, Methods of Testing and Required Test Results
 
  • (b) equipment installed on or after July 1, 2008

Resolution MSC.192(79), Annex, Adoption of the Revised Performance Standards for Radar Equipment

N.A.

IEC 62388: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Radar – Performance Requirements, Methods of Testing and Required Test Results

7

Automatic radar plotting aids (ARPAs)

      
 
  • (a) equipment installed before July 1, 2008; and

Resolution A.823(19), Annex, Performance Standards for Automatic Radar Plotting Aids (ARPAs), as it read on November 23, 1995

N.A.

IEC 62388: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Radar – Performance Requirements, Methods of Testing and Required Test Results
 
  • (b) equipment installed on or after July 1, 2008

Resolution A.823(19), Annex, Performance Standards for Automatic Radar Plotting Aids (ARPAs)

N.A.

IEC 62388: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Radar – Performance Requirements, Methods of Testing and Required Test Results

8

GNSS receiver

      
 
  • (a) shipborne global positioning system (GPS) receiver equipment
      
 
  • (i) equipment installed before July 1, 2003, and

Resolution A.819(19), Annex, Performance Standards for Shipborne Global Positioning System (GPS) Receiver Equipment, as it read on November 23, 1995

N.A.

IEC 61108-1: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 1: Global Positioning System (GPS) – Receiver Equipment – Performance Standards, Methods of Testing and Required Test Results
 
  • (ii) equipment installed on or after July 1, 2003;

Resolution A.819(19), Annex, Performance Standards for Shipborne Global Positioning System (GPS) Receiver Equipment

N.A.

IEC 61108-1: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 1: Global Positioning System (GPS) – Receiver Equipment – Performance Standards, Methods of Testing and Required Test Results
 
  • (b) shipborne GLONASS receiver equipment
      
 
  • (i) equipment installed before July 1, 2003, and

Resolution MSC.53(66), Annex, Performance Standards for Shipborne GLONASS Receiver Equipment, as it read on May 30, 1996

N.A.

IEC 61108-2: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 2: Global Navigation Satellite System (GLONASS) – Receiver Equipment – Performance Standards, Methods of Testing and Required Test Results
 
  • (ii) equipment installed on or after July 1, 2003;

Resolution MSC.53(66), Annex, Performance Standards for Shipborne GLONASS Receiver Equipment

N.A.

IEC 61108-2: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 2: Global Navigation Satellite System (GLONASS) – Receiver Equipment – Performance Standards, Methods of Testing and Required Test Results
 
  • (c) shipborne DGPS and DGLONASS maritime radio beacon receiver equipment
      
 
  • (i) equipment installed before July 1, 2003, and

Resolution MSC.64(67), Annex 2, Adoption of New and Amended Performance Standards, as it read on December 4, 1996

N.A.

IEC 61108-4: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 4: Shipborne DGPS and DGLONASS Maritime Radio Beacon Receiver Equipment – Performance Requirements, Methods of Testing and Required Test Results
 
  • (ii) equipment installed on or after July 1, 2003;

Resolution MSC.64(67), Annex 2, Adoption of New and Amended Performance Standards

N.A.

IEC 61108-4: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 4: Shipborne DGPS and DGLONASS Maritime Radio Beacon Receiver Equipment – Performance Requirements, Methods of Testing and Required Test Results
 
  • (d) shipborne combined GPS/GLONASS receiver equipment;

Resolution MSC.74(69), Annex 1, Adoption of New and Amended Performance Standards

N.A.

N.A.
 
  • (e) shipborne BEIDOU satellite navigation system (BDS) receiver equipment;

Resolution MSC.379(93), Annex, Performance Standards for Shipborne BEIDOU Satellite Navigation System (BDS) Receiver Equipment

N.A.

N.A.
 
  • (f) shipborne GALILEO receiver equipment; and

Resolution MSC.233(82), Annex, Adoption of the Performance Standards for Shipborne GALILEO Receiver Equipment

N.A.

IEC 61108-3: Maritime Navigation and Radiocommunication Equipment and Systems – Global Navigation Satellite Systems (GNSS) – Part 3: Galileo Receiver Equipment – Performance Requirements, Methods of Testing and Required Test Results
 
  • (g) multi-system shipborne radionavigation receivers

Resolution MSC.401(95), Annex, Performance Standards for Multi–System Shipborne Radionavigation Receivers

N.A.

IEC 60812: Failure Modes and Effects Analysis (FMEA and FMECA)

9

Echo-sounding equipment

      
 
  • (a) equipment installed before January 1, 2001; and

Resolution A.224(VII), Annex, Performance Standards for Echo-Sounding Equipment, as it read on October 12, 1971

ISO 9875: Ships and Marine Technology — Marine Echo-sounding Equipment

N.A.
 
  • (b) equipment installed on or after January 1, 2001

Resolution A.224(VII), Annex, Performance Standards for Echo-Sounding Equipment

ISO 9875: Ships and Marine Technology — Marine Echo-sounding Equipment

N.A.

10

Speed-and-distance measuring devices

      
 
  • (a) equipment installed before July 1, 2002; and

Resolution A.824(19), Annex, Performance Standards for Devices to Indicate Speed and Distance, as it read on November 23, 1995

N.A.

IEC 61023: Maritime Navigation and Radiocommunication Equipment and Systems – Marine Speed and Distance Measuring Equipment (SDME) – Performance Requirements, Methods of Testing and Required Test Results
 
  • (b) equipment installed on or after July 1, 2002

Resolution A.824(19), Annex, Performance Standards for Devices to Indicate Speed and Distance

N.A.

IEC 61023: Maritime Navigation and Radiocommunication Equipment and Systems – Marine Speed and Distance Measuring Equipment (SDME) – Performance Requirements, Methods of Testing and Required Test Results

11

Rate-of-turn indicators

Resolution A.526(13), Annex, Performance Standards for Rate-of-turn Indicators

N.A.

N.A.

12

Daylight signalling lamps

Resolution MSC.95(72), Annex, Performance Standards for Daylight Signalling Lamps

N.A.

N.A.

13

Sound-reception systems

Resolution MSC.86(70), Annex 1, Adoption of New and Amended Performance Standards for Navigational Equipment

N.A.

N.A.

14

AIS Class A

Resolution MSC.74(69), Annex 3, Adoption of New and Amended Performance Standards

N.A.

IEC 61993-2: Maritime Navigation and Radiocommunication Equipment and Systems – Automatic Identification Systems (AIS) – Part 2: Class A Shipborne Equipment of the Automatic Identification System (AIS) – Operational and Performance Requirements, Methods of Test and Required Test Results

15

AIS Class B

N.A.

N.A.

IEC 62287-1: Maritime Navigation and Radiocommunication Equipment and Systems – Class B Shipborne Equipment of the Automatic Identification System (AIS) – Part 1: Carrier-sense Time Division Multiple Access (CSTDMA) Techniques

IEC 62287-2: Maritime Navigation and Radiocommunication Equipment and Systems – Class B Shipborne Equipment of the Automatic Identification System (AIS) – Part 2: Self-organising Time Division Multiple Access (SOTDMA) Techniques

16

ECDIS

      
 
  • (a) ECDIS installed before January 1, 1999;

Resolution A.817(19), Annex, Performance Standards for Electronic Chart Display and Information Systems (ECDIS), as it read on November 23, 1995

N.A.

IEC 61174: Maritime Navigation and Radiocommunication Equipment and Systems – Electronic Chart Display and Information System (ECDIS) – Operational and Performance Requirements, Methods of Testing and Required Test Results
 
  • (b) ECDIS installed on or after January 1, 1999 and before January 1, 2009; and

Resolution A.817(19), Annex, Performance Standards for Electronic Chart Display and Information Systems (ECDIS)

N.A.

IEC 61174: Maritime Navigation and Radiocommunication Equipment and Systems – Electronic Chart Display and Information System (ECDIS) – Operational and Performance Requirements, Methods of Testing and Required Test Results
 
  • (c) ECDIS installed on or after January 1, 2009

Resolution MSC.232(82), Annex, Adoption of the Revised Performance Standards for Electronic Chart Display and Information Systems (ECDIS)

N.A.

IEC 61174: Maritime Navigation and Radiocommunication Equipment and Systems – Electronic Chart Display and Information System (ECDIS) – Operational and Performance Requirements, Methods of Testing and Required Test Results

17

Voyage data recorders (VDRs)

      
 
  • (a) VDR installed before June 1, 2008;

Resolution A.861(20), Annex, Performance Standards for Shipborne Voyage Data Recorders (VDRs), as it read on November 27, 1997

N.A.

IEC 61996: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Voyage Data Recorder (VDR) – Performance Requirements – Methods of Testing and Required Test Results
 
  • (b) VDR installed on or after June 1, 2008 and before July 1, 2014; and

Resolution A.861(20), Annex, Performance standards for Shipborne Voyage Data Recorders (VDRs)

N.A.

IEC 61996-1: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Voyage Data Recorder (VDR) – Part 1: Performance Requirements, Methods of Testing and Required Test Results
 
  • (c) VDR installed on or after July 1, 2014

Resolution MSC.333(90), Annex, Adoption of Revised Performance Standards for Shipborne Voyage Data Recorders (VDRs)

N.A.

IEC 61996-1: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Voyage Data Recorder (VDR) – Part 1: Performance Requirements, Methods of Testing and Required Test Results

18

Simplified voyage data recorders (S-VDRs)

      
 
  • (a) S-VDR installed before June 1, 2008; and

Resolution MSC.163(78), Annex, Performance Standards for Shipborne Simplified Voyage Data Recorders (S-VDRs), as it read on May 17, 2004

N.A.

IEC 61996-2: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Voyage Data Recorder (VDR) – Part 2: Simplified Voyage Data Recorder (S-VDR) – Performance Requirements, Methods of Testing and Required Test Results
 
  • (b) S-VDR installed on or after June 1, 2008

Resolution MSC.163(78), Annex, Performance Standards for Shipborne Simplified Voyage Data Recorders (S-VDRs)

N.A.

IEC 61996-2: Maritime Navigation and Radiocommunication Equipment and Systems – Shipborne Voyage Data Recorder (VDR) – Part 2: Simplified Voyage Data Recorder (S-VDR) – Performance Requirements, Methods of Testing and Required Test Results

19

Bridge Navigational Watch Alarm System (BNWAS) installed on or after July 1, 2003

Resolution MSC.128(75), Annex, Performance Standards for a Bridge Navigational Watch Alarm System (BNWAS)

N.A.

IEC 62616: Maritime Navigation and Radiocommunication Equipment and Systems – Bridge Navigational Watch Alarm System (BNWAS)

SCHEDULE 2

(Subsection 101(7) and paragraph 105(b))

STANDARDS RESPECTING EQUIPMENT BEFORE JULY 1, 2002

Item

Column 1

Equipment

Column 2

IMO Standards

1

Magnetic compasses

Resolution A.382(X), Annex II, Magnetic Compasses Carriage and Performance Standards, as it read on June 30, 2002

2

Gyro-compasses

Resolution A.424(XI), Annex, Performance Standards for Gyro Compasses, as it read on June 30, 2002

3

Radars

Resolution A.278(VIII), Annex, Supplement to the Recommendation on Performance Standards for Navigational Radar Equipment (Resolution A.222(VII)) — Symbols for Controls on Marine Navigational Radar Equipment, as it read on June 30, 2002

Resolution A.477(XII), Annex, Performance Standards for Radar Equipment, as it read on June 30, 2002

Resolution A.820(19), Annex, Performance Standards for Navigational Radar Equipment for High-speed Craft, as it read on June 30, 2002

4

Automatic radar plotting aids (ARPAs)

Resolution A.823(19), Annex, Performance Standards for Automatic Radar Plotting Aids, as it read on June 30, 2002

5

Shipborne GPS receiver equipment

Resolution A.819(19), Annex, Performance Standards for Shipborne Global Positioning System (GPS) Receiver Equipment, as it read on June 30, 2002

6

Echo-sounding equipment

Resolution A.224(VII), Annex, Performance Standards for Echo-Sounding Equipment, as it read on June 30, 2002

7

Speed-and-distance measuring devices

Resolution A.824(19), Annex, Performance Standards for Devices to Indicate Speed and Distance, as it read on June 30, 2002

8

Rate-of-turn indicators

Resolution A.526(13), Annex, Performance Standards for Rate-of-turn Indicators, as it read on June 30, 2002

SCHEDULE 3

(Subsection 222(1))

PERFORMANCE STANDARDS AND TESTING STANDARDS

Item

Column 1

Equipment

Column 2

IMO Standards

Column 3

IEC Standards

Column 4

European Telecommunications Standards Institute Standards

1

VHF radio Installation - capable of DSC

Resolution A.803(19), Annex, Performance Standards for Shipborne VHF Radio Installations Capable of Voice Communication and Digital Selective Calling

IEC 61097-3: Global Maritime Distress and Safety System (GMDSS) – Part 3: Digital Selective Calling (DSC) Equipment – Operational and Performance Requirements, Methods of Testing and Required Testing Results

IEC-61097-7: Global Maritime Distress and Safety System (GMDSS) – Part 7: Shipborne VHF Radiotelephone Transmitter and Receiver – Operational and Performance Requirements, Methods of Testing and Required Test Results

IEC 61097-8: Global Maritime Distress and Safety System (GMDSS) – Part 8: Shipborne Watchkeeping Receivers for the Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands – Operational and Performance Requirements, Methods of Testing and Required Test Results

EN 300 338-1: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 1: Common Requirements

EN 300 338-2: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 2: Class A/B DSC

EN 301 033: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Technical Characteristics and Methods of Measurement for Shipborne Watchkeeping Receivers for Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands

EN 300 162-1: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Radiotelephone Transmitters and Receivers for the Maritime Mobile Service Operating in VHF Bands; Part 1: Technical Characteristics and Methods of Measurement

2

MF radio installation

Resolution A.804(19), Annex, Performance Standards for Shipborne MF Radio Installations Capable of Voice Communications and Digital Selective Calling

IEC 61097-3: Global Maritime Distress and Safety System (GMDSS) – Part 3: Digital Selective Calling (DSC) Equipment – Operational and Performance Requirements, Methods of Testing and Required Test Results

IEC 61097-8: Global Maritime Distress and Safety System (GMDSS) – Part 8: Shipborne Watchkeeping Receivers for the Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands – Operational and Performance Requirements, Methods of Testing and Required Test Results

IEC 61097-9: Global Maritime Distress and Safety System (GMDSS) – Part 9: Shipborne Transmitters and Receivers for Use in the MF and HF Bands Suitable for Telephony, Digital Selective Calling (DSC) and Narrow Band Direct Printing (NBDP) – Operational and Performance Requirements, Methods of Testing and Required Test Results

EN 300 338-1: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 1: Common Requirements

EN 300 338-2: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 2: Class A/B DSC

EN 301 033: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Technical Characteristics and Methods of Measurement for Shipborne Watchkeeping Receivers for Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands

EN 300 373-1: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Maritime Mobile Transmitters and Receivers for use in the MF and HF Bands; Part 1: Technical Characteristics and Methods of Measurement

3

MF/HF radio installation

Resolution A.806(19), Annex, Performance Standards for Shipborne MF/HF Radio Installations Capable of Voice Communications, Narrowband Direct Printing and Digital Selective Calling

IEC 61097-3: Global Maritime Distress and Safety System (GMDSS) – Part 3: Digital Selective Calling (DSC) Equipment – Operational and Performance Requirements, Methods of Testing and Required Test Results

IEC 61097-8: Global Maritime Distress and Safety System (GMDSS) – Part 8: Shipborne Watchkeeping Receivers for the Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands – Operational and Performance Requirements, Methods of Testing and Required Test Results

IEC 61097-9: Global Maritime Distress and Safety System (GMDSS) – Part 9: Shipborne Transmitters and Receivers for Use in the MF and HF Bands Suitable for Telephony, Digital Selective Calling (DSC) and Narrow Band Direct Printing (NBDP) – Operational and Performance Requirements, Methods of Testing and Required Test Results

ETS 300 067: Radio Equipment and Systems Radiotelex Equipment Operating in the Maritime MF/HF Service Technical Characteristics and Methods of Measurement

EN 300 338-1: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 1: Common Requirements

EN 300 338-2: Technical Characteristics and Methods of Measurement for Equipment for Generation, Transmission and Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and/or VHF Mobile Service; Part 2: Class A/B DSC

EN 300 373-1: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Maritime Mobile Transmitters and Receivers for Use in the MF and HF Bands; Part 1: Technical Characteristics and Methods of Measurement

EN 301 033: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Technical Characteristics and Methods of Measurement for Shipborne Watchkeeping Receivers for Reception of Digital Selective Calling (DSC) in the Maritime MF, MF/HF and VHF Bands

4

INMARSAT

Resolution A.807(19), Annex, Performance Standards for INMARSAT–C Ship Earth Stations Capable of Transmitting and Receiving Direct–Printing Communications

Resolution A.808(19), Annex, Performance Standards for Ship Earth Stations Capable of Two–way Communications

IEC 61097-4: Global Maritime Distress and Safety System (GMDSS) – Part 4: Inmarsat–C Ship Earth Station and Inmarsat Enhanced Group Call (EGC) Equipment – Operational and Performance Requirements, Methods of Testing and Required Test Results

N.A.

5

Enhanced group call equipment

Resolution A.664(16), Annex, Performance Standards for Enhanced Group Call Equipment

IEC 61097-4: Global Maritime Distress and Safety System (GMDSS) – Part 4: Inmarsat–C Ship Earth Station and Inmarsat Enhanced Group Call (EGC) Equipment – Operational and Performance Requirements, Methods of Testing and Required Test Results

N.A.

6

NAVTEX receiver

Resolution A.525(13), Annex, Performance Standards for Narrow–band Direct Printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships

IEC 61097-6: Global Maritime Distress and Safety System (GMDSS) – Part 6: Narrowband Direct–printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships (NAVTEX)

EN 300 065: Narrow–band Direct–printing Telegraph Equipment for Receiving Meteorological or Navigational Information (NAVTEX); Harmonised Standard Covering the Essential Requirements of Articles 3.2 and 3.3(g) of the Directive 2014/53/EU

7

EPIRB

      
 

(a) equipment installled before July 1, 2022; and

Resolution A.810(19), Annex, Performance Standards for Float–free Satellite Emergency Position–indicating Radio Beacons (EPIRBs) Operating on 406 MHz

Resolution A.662(16), Annex, Performance Standards for Float–free Release and Activation Arrangements for Emergency Radio Equipment

IEC 61097-2: Global Maritime Distress and Safety System (GMDSS) – Part 2: COSPAS–SARSAT EPIRB – Satellite Emergency Position Indicating Radio Beacon Operating on 406 MHz – Operational and Performance Requirements, Methods of Testing and Required Test Results

EN 300 066: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Float–free Maritime Satellite Emergency Position Indicating Radio Beacons (EPIRBs) Operating in the 406,0 MHz to 406,1 MHz Frequency Band; Technical Characteristics and Methods of Measurement
 

(b) equipment installled on or after July 1, 2022

Resolution MSC.471(101), Annex, Performance Standards for Float-free Emergency Position-indicating Radio Beacons (EPIRBs) Operating on 406 MHz

IEC 61097-2: Global Maritime Distress and Safety System (GMDSS) – Part 2: COSPAS–SARSAT EPIRB – Satellite Emergency Position Indicating Radio Beacon Operating on 406 MHz – Operational and Performance Requirements, Methods of Testing and Required Test Results

EN 300 066: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Float–free Maritime Satellite Emergency Position Indicating Radio Beacons (EPIRBs) Operating in the 406,0 MHz to 406,1 MHz Frequency Band; Technical Characteristics and Methods of Measurement

8

SART (radar)

Resolution A.802(19), Annex, Performance Standards for Survival Craft Radar Transponders for Use in Search and Rescue Operations

IEC 61097-1: Global Maritime Distress and Safety System (GMDSS) – Part 1: Radar Transponder – Marine Search and Rescue (SART) – Operational and Performance Requirements, Methods of Testing and Required Test Results

N.A.

9

SART (AIS)

Resolution MSC.246(83), Annex, Adoption of Performance Standards for Survival Craft Search and Rescue Transmitters (SART) for Use in Search and Rescue Operations

IEC 61097-14: Global Maritime Distress and Safety System (GMDSS) – Part 14: AIS Search and Rescue Transmitter (AIS-SART) – Operational and Performance Requirements, Methods of Testing and Required Test Results

N.A.

10

Survival craft VHF radiotelephone

Resolution A.809(19), Annexes 1 and 2, Performance Standards for Survival Craft Two–way VHF Radiotelephone Apparatus

IEC 61097-12: Global Maritime Distress and Safety System (GMDSS) – Part 12: Survival Craft Portable Two–way VHF Radiotelephone Apparatus – Operational and Performance Requirements, Methods of Testing and Required Test Results

EN 300 225: Electromagnetic Compatibility and Radio Spectrum Matters (ERM); Technical Characteristics and Methods of Measurement for Survival Craft Portable VHF Radiotelephone Apparatus

SCHEDULE 4

(Subsections 252(2), 253(1) and 254(1))

VHF RADIOTELEPHONE CHANNELS FOR LISTENING WATCHES AND NAVIGATION SAFETY CALLS

Item

Column 1

Vessel

Column 2

Channel for Listening Watch

Column 3

Channel for Navigation Safety Calls

1

A Canadian vessel that is in waters outside Canadian jurisdiction

Channel 16 or channel required by state of jurisdiction

Channel 16 or channel required by state of jurisdiction

2

A vessel that is in waters under Canadian jurisdiction, other than the Great Lakes Basin, and that is

    
  • (a) outside a traffic zone; or

Channel 16

 Channel 16
  • (b) inside a traffic zone

Appropriate VHF channel

 Appropriate VHF channel

3

A vessel that is in the Great Lakes Basin, other than in waters referred to in item 4, that is

    
  • (a) outside a traffic zone and that is required under Part 2 to be fitted with at least
    
  • (i) one bridge-to-bridge VHF radiotelephone installation, or

Channel 16

 Channel 16
  • (ii) two bridge-to-bridge VHF radiotelephone installations; or

Channels 13 and 16

 Channel 13
  • (b) inside a traffic zone and that is required under Part 2 to be fitted with at least
    
  • (i) one bridge-to-bridge VHF radiotelephone installation, or

Appropriate VHF channel

 Appropriate VHF channel
  • (ii) two bridge-to-bridge VHF radiotelephone installations

Channel 13 and appropriate VHF channel

 Channel 13

4

A vessel that is in waters between the lower exit of the St. Lambert Lock and Crossover Island or between calling-in points Nos. 15 and 16 in the Welland Canal and that is required under Part 2 to be fitted with at least

    
  • (a) one bridge-to-bridge radiotelephone installation; or

Appropriate VHF channel

 Appropriate VHF Channel
  • (b) two bridge-to-bridge radiotelephone installations

Channel 16 and appropriate VHF channel

 Appropriate VHF channel

SCHEDULE 5

(Sections 301 and 302)

Prohibited Waters

1 Conception Bay — Newfoundland

Beginning at the lighted cable sign in Broad Cove, Newfoundland, in the position latitude 47°35′45″N., longitude 52°53′10″W., as shown on Canadian Hydrographic Service Chart 4566, edition dated November 23, 1962; thence in a straight line to the position latitude 47°35′45″N., longitude 52°53′37″W.; thence in a straight line to the position latitude 47°37′12″N., longitude 52°55′44″W.; thence in a straight line to the cable landing at Bell Island, Newfoundland, in position latitude 47°37′37″N., longitude 52°56′00″W.; thence in a straight line to the position latitude 47°37′37″N., longitude 52°55′16″W.; thence in a straight line to the position on the shore latitude 47°36′09″N., longitude 52°53′06″W.; thence following the high water mark in a southwesterly direction to the point of beginning.

2 Random Sound — Newfoundland

Beginning at a point on the high-water mark at the easterly extremity of East Random Head, as shown on Canadian Hydrographic Service Charts 4545 and 4546, editions dated May 6, 1983 and January 24, 1964, respectively; thence in a straight line to a point on the high-water mark at the easterly extremity of West Random Head; thence following the high-water mark in a westerly direction to a point on the shore at latitude 48°03′04″N., longitude 53°38′42″W.; thence in a straight line to a point on the high-water mark of Middle Cliff at latitude 48°03′54″N., longitude 53°40′26″W.; thence following the high-water mark in a westerly and northerly direction to the easterly extremity of Red Point; thence in a straight line to a point on the high-water mark at the westerly extremity of Brown Mead; thence following the high-water mark in a southerly and easterly direction to the point of beginning.

3 Northumberland Strait — Between New Brunswick and Prince Edward Island

Beginning at a point on the high-water mark at Cape Bruin, New Brunswick, located at latitude 46°10′58″N., longitude 63°58′42″W., as shown on Canadian Hydrographic Service Chart 4406, edition dated July 12, 1985; thence in a straight line to a point on the high-water mark at Fernwood, P.E.I., latitude 46°19′15″N., longitude 63°48′55″W.; thence following the high-water mark in a southerly and easterly direction to a point on the shore at latitude 46°18′30″N., longitude 63°46′09″W.; thence in a straight line to a point on the high-water mark at Botsford, N.B., latitude 46°10′01″N., longitude 63°56′00″W.; thence following the high-water mark in a northwesterly direction to the point of beginning.

4 Welland Canal entrances — Ontario

5 Parry Bay — British Columbia

Beginning at a point on the high-water mark of Albert Head located at latitude 48°23′05″N., longitude 123°28′48″W., as shown on Canadian Hydrographic Service Chart 3440, edition dated March 11, 1983; thence in a straight line to a point at latitude 48°21′12″N., longitude 123°30′54″W.; thence in a straight line to a point on the high-water mark at latitude 48°21′51″N., longitude 123°31′57″W.; thence in a northerly and easterly direction along the high-water mark of Parry Bay to the point of beginning.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Between 2008 and 2018, there was an average of 16 fatalities and 50 serious injuries per year from incidents on board commercial vessels in Canadian waters. Collisions and groundings collectively account for around 60% of all reported marine shipping accidents per year. While the trend in recent years has been improving, 2018 was a particularly tragic year, with 20 fatalities and 50 serious injuries. It has been determined that there is a strong need for additional measures to enhance navigation safety in terms of collision avoidance and search and rescue efforts.

Further, many of the provisions in regulations related to marine navigation safety and radiocommunications do not reflect updates to the Canada Shipping Act, 2001 and Chapters IV (Maritime Radiocommunications) and V (Navigation Safety) of the International Convention for the Safety of Life at Sea (the SOLAS Convention) [to which Canada is a signatory], and must be amended to align accordingly.

Description: This regulatory initiative consolidates requirements found in 10 existing regulations relating to navigation safety and radiocommunications into one regulation; the Navigation Safety Regulations, 2020 (the Regulations). At the same time, 9 of those existing regulations will be repealed. Further, the consolidated provisions will be enhanced to (i) expand the carriage requirements of distress alerting and communication equipment; (ii) expand the carriage requirements for equipment designed to improve the situational awareness of vessel operators; (iii) incorporate by reference Chapters IV and V of the SOLAS Convention; (iv) bring the regulatory regime in line with the Canada Shipping Act, 2001 by updating terminology; and (v) respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, the Auditor General, and the Standing Joint Committee for the Scrutiny of Regulations.

Rationale: Expanding the carriage requirements of navigation safety and radiocommunication equipment to a wider category of vessels will enhance marine safety in terms of collision avoidance and search and rescue efforts and will address recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident and the Auditor General of Canada.

Aligning Canada’s regulations with amendments to Chapters IV and V of the SOLAS Convention will allow Canada to meet its international commitments, support harmonization efforts with other jurisdictions, and create a clearer and simpler set of regulatory requirements while at the same time improving safety.

This regulatory initiative will also allow Transport Canada to address minor concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding some of the wording in the existing Charts and Nautical Publications Regulations, 1995.

Finally, the Regulations will create a clearer and more coherent set of requirements for industry by updating terminology to bring it in line with the Canada Shipping Act, 2001, and by bringing together all requirements respecting navigation safety and radiocommunications into one regulation.

Issues

Distress alerting and communication, and situational awareness measures

Collisions and groundings collectively account on average for around 60% of all reported marine shipping accidents.footnote 21 These occurrences can result in the release of pollutants, serious injuries, and death. Improved navigation safety as provided by up-to-date navigation and radiocommunication equipment will reduce navigational errors that can result in vessels running aground, or colliding with other vessels, which will, in turn, result in greater safety of life and property at sea, and greater protection of the marine environment.

Alignment with Chapters IV and V of the International Convention for the Safety of Life at Sea

As a result of amendments to Chapter V (Safety of Navigation) of the SOLAS Convention that were adopted by the International Maritime Organization and amendments to Chapter IV (Radiocommunications) of the Convention that will be adopted, the requirements found in the Navigation Safety Regulations need to be updated to align with these new international standards. As Canada is a signatory to this Convention, it must abide by it. Failure to align with these standards would diminish Canada’s current perceived leadership internationally, as it would be seen as not abiding by the Convention regime it has helped to develop.

Response to issues raised by the Standing Joint Committee for the Scrutiny of Regulations

The Standing Joint Committee for the Scrutiny of Regulations has expressed minor concerns regarding some of the wording in the Charts and Nautical Publications Regulations, 1995. Specifically, the Committee had concerns about the clarity of certain subsections within these Regulations that relate to the electronic chart display and information system (ECDIS) optional carriage requirement. As the carriage requirement for an ECDIS will be made mandatory (for certain vessels and new builds) through this regulatory initiative’s incorporation by reference of Chapter V of the SOLAS Convention, the wording will at the same time be made clearer.

Improving clarity

Requirements respecting the carriage of navigation safety and radiocommunication equipment are currently spread out across ten separate regulations. Consolidating these requirements into a single regulation will make it easier for regulated parties to understand and meet these requirements.

Furthermore, the wording in the current regulations is out of date, based on terminology used in the former Canada Shipping Act, which was replaced by the Canada Shipping Act, 2001 in 2007. Updating terminology to align with the Canada Shipping Act, 2001 will make regulatory requirements clearer and easier to follow.

Background

Navigation safety is achieved through a suite of regulations under the Canada Shipping Act, 2001. Some of these regulations have not been amended for many years and no longer align with the Canada Shipping Act, 2001 or reflect recent amendments to Chapters IV and V of the SOLAS Convention.

Distress alerting and communication, and situational awareness measures

On October 25, 2015, the Leviathan II, a passenger vessel with 27 people on board, capsized while on a whale-watching excursion off Plover Reefs in Clayoquot Sound, British Columbia. The crew aboard the vessel was unable to issue a call for distress until a flare was fired 40 minutes after the incident. The ensuing search and rescue operation was hampered by a miscommunication relating to the vessel’s location. As a result, six people died, and approximately 2 000 L of fuel leaked into the water.footnote 22

The Coroner’s report for the Leviathan II marine incident recommended that regulations regarding emergency position indicating radio beacons (EPIRBs) be reviewed with consideration to expanding the class of vessels required to carry these devices. This echoed a number of other recommendations made to Transport Canada, including

Objective

The objectives of this regulatory initiative are the following:

Description

This regulatory initiative repeals nine existing regulations related to navigation safety and radiocommunication and consolidates them into one new regulation: the Navigation Safety Regulations, 2020.

The following regulations will be repealed (the regulations that require more substantive changes appear in bold):

This regulatory initiative also transfers requirements relating to navigation safety from a tenth regulation, the Steering Appliances and Equipment Regulations, to the Regulations. Although most of the requirements from the Steering Appliances and Equipment Regulations will be transferred over to the Regulations, sections related to the construction of vessels will remain intact and, therefore, this regulation will not be repealed.

Along with this consolidation, enhancements to certain provisions currently contained in the 10 regulations will (i) expand the carriage requirements of distress alerting and communication equipment; (ii) expand the carriage requirements for equipment designed to improve the situational awareness of vessel operators; (iii) align with international standards by incorporating by reference Chapters IV and V of the SOLAS Convention; (iv) update terminology to match the Canada Shipping Act, 2001; (v) respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, and the Auditor General of Canada; and (vi) address concerns of the Standing Joint Committee for the Scrutiny of Regulations.

Distress alerting and communication measures

Distress alerting equipment requirements

The existing regulations that deal with distress alerting and communication measures [i.e. the Ship Station (Radio) Regulations, 1999 and the Ship Station (Radio) Technical Regulations, 1999] will be repealed and incorporated into the Regulations. At the same time, the Regulations will be enhanced to increase the carriage of distress alerting equipment by requiring

Table 1A. Proposed distress alerting equipment requirements (Near coastal voyage, Class 1 and beyond)

Vessels < 8 m

Vessels 8 m to 12 m

Vessels > 12 m

Meets the Transportation Safety Board (TSB) recommendations

Float-free EPIRB

Float-free EPIRB (currently manual EPIRB is allowed)

Float-free EPIRB
(already required)
Table 1B. Proposed distress alerting equipment requirements (Near coastal voyage, Class 2)

Vessels < 8 m

Vessels 8 m to 12 m

Vessels > 12 m

Partially meets the TSB recommendations

 Meets the TSB recommendations

Float-free PIRB; or manual PIRB; or 406 MHz PLB; or portable VHF-DSC/GPS

Float-free EPIRB; or manual EPIRB; or 406 MHz PLB

Float-free EPIRB (already required if > 20 m)
Very high frequency radios with digital selective calling

The Regulations will increase carriage of VHF radios with DSC by requiring the following:

Means of two-way radiocommunications

The Regulations will increase carriage of two-way radiocommunications by requiring the following:

Situational awareness measures

Automatic identification system

The Regulations will require new categories of vessels to have a Class A automatic identification system (AIS) on board. An AIS is a navigational tool that provides information, such as the ship’s identity, type, position, speed, and other safety-related information. An AIS transmits and receives data from vessels and from shore over very high radio frequencies. When carried on board vessels, an AIS can enhance situational awareness and provide useful information for search and rescue responders.

A Class A AIS will be required on board the following vessels:

Incorporation by reference

The Regulations will incorporate by reference Chapters IV and V of the SOLAS Convention, as amended from time to time. This will alleviate the need to update the Regulations when changes are made to these Chapters in the future.

Because Canada is active in the development of the ongoing International Maritime Organization’s Global Maritime Distress and Safety System modernization project, the Department’s involvement allows it to provide input and “future proof” the content related to Chapter IV of the SOLAS Convention to ensure minimal changes to regulations will be required when the modernization project comes into effect.

While all of the requirements found in Chapter IV of the SOLAS Convention are already contained in Canadian regulations due to past updates, two new requirements will be introduced by the incorporation by reference of Chapter V, as outlined below.

Bridge navigational watch alarm system

Chapter V of the SOLAS Convention requires a bridge navigational watch alarm system (BNWAS) on board certain vessels. A BNWAS is used to detect when the officer on watch on the bridge of a vessel is absent or incapacitated (sleeping or suffering from health problems that make them unable to attend to their duties). The purpose is to alert others on board the vessel so that the situation can be corrected before an accident takes place.

Under the Regulations, vessels that are 150 gross tonnage or more and engaged on an international voyage or vessels that are 500 gross tonnage or more will be required to have a BNWAS.

Electronic chart display and information system

Chapter V of the SOLAS Convention requires the carriage of an electronic chart display and information system (ECDIS) on board certain vessels engaged on an international voyage. An ECDIS is a navigational information system that can be used as an alternative to paper charts. This system assists in the navigation of vessels by integrating information from the Global Positioning System and other navigation tools such as radar.

Additionally, the Regulations will add a new requirement for Canadian vessels constructed or registered on or after the date of entry into force of the Navigation Safety Regulations, 2020 to be fitted with an ECDIS on any voyage if they fall under the following categories:

Incorporation by reference of annual Notices to Mariners

Section A5 of the annual Notices to Mariners, which is published online by the Canadian Coast Guard, will be incorporated into the Regulations, replacing the content of what can currently be found in section 82 and Annex 3 of the Navigation Safety Regulations. This template is used when the Regulations require a vessel to transmit a danger message.

Alignment with the Canada Shipping Act, 2001

Updating terminology

Some of the terminology found in requirements that will be consolidated into the Regulations does not currently align with the Canada Shipping Act, 2001. Specifically, the voyage classifications need to be updated from the nine classifications that were in the previous Canada Shipping Act to the four that were introduced by the coming into force of the Canada Shipping Act, 2001:

Regulatory development

Consultation

Affected stakeholders include all operators of commercial vessels (vessels of all sizes) (including fishing vessels, workboats, water taxis, ferries, etc.). As of December 2019, there were 53 941 active vessels registered with Transport Canada.

Other stakeholders/partners include:

Consultations on this initiative were held through the regional Canadian Marine Advisory Council and the national Canadian Marine Advisory Council (since 2007) through the Standing Committee on Navigation Safety and Operations. The marine industry has been consulted and provided with regular updates during the development of the revised requirements of the Chapters IV and V of the SOLAS Convention through the national Canadian Marine Advisory Council. Approximately 300 letters were also sent out in January 2018 to operators of larger fishing vessels, who do not typically attend Canadian Marine Advisory Council meetings, informing them of the Navigation Safety Regulations, 2020 and inviting them to provide comments on the regulatory initiative. The feedback from these consultations has been taken into consideration in the development of the Regulations.

Online consultations were also launched on November 14, 2018, using Transport Canada’s Let’s Talk Transportation platform. Comments were received from three stakeholders. One comment was supportive of the changes, but asserted that the AIS requirements did not go far enough and should be further expanded to cover all commercial vessels. The second comment requested that Transport Canada consider including an existing International Organization for Standardization provision on compass adjustments and inspection allowances to the Regulations. As Transport Canada relies on performance-based standards to ensure that compasses are adjusted properly, an adjustment to the regulatory text will not be required. The third expressed concern with regard to the possible emission of high frequencies from certain AIS units, which could potentially harm marine life. As these systems do not emit sound waves, they are not a threat to marine life.

Stakeholder reaction regarding this regulatory initiative has been positive. It is anticipated that these Regulations will garner high support and low opposition from concerned stakeholders. Throughout the consultations, stakeholders were significantly involved in the development of the Regulations and were supportive of the regulatory requirements. The only opposition expressed was by owners of fishing vessels that are greater than 12 m in length that operate in the Great Lakes. As their vessels do not travel long distances, some of these operators did not agree with the requirement for a float-free EPIRB on board vessels that are greater than 12 m when operating close to shore. Transport Canada determined that an exemption would not be warranted based on investigations and subsequent recommendations put forward by the Transportation Safety Board.

In 2016, there was also some opposition expressed by vessel operators with regard to the BNWAS carriage requirement. Stakeholder discussions have ensued since then and a few exemptions from this requirement were considered for certain vessels. It was decided that ferries that engage solely on voyages that are less than five nautical miles will be exempted from this carriage requirement.

Prepublication in the Canada Gazette, Part I

The Regulations were prepublished in the Canada Gazette, Part I, on June 15, 2019, followed by a 90-day comment period. Comments were received from four stakeholders regarding the proposed regulatory text.

All the comments received identified minor technical or terminological issues or omissions in the draft regulations and/or sought minor clarifications. No major substantive issues or concerns with the proposed Regulations were raised.

One stakeholder raised concerns with regard to amending paragraph 112(a) of the Regulations to include a more specific reference to the 3-GHz requirement as being a 3-GHz radar except if already fitted with a 9-GHz radar. They also suggested that the “Definitions” section of the regulatory text be amended to include more detailed definitions of the following terms: (i) Canadian waters; (ii) unlimited voyage; (iii) near coastal voyage, Class 1; (iv) near coastal voyage, Class 2; and (v) sheltered waters voyage.

Under this regulatory initiative, this specificity is already covered for most vessels under Chapter V of the SOLAS Convention, which is being incorporated by reference through these Regulations. In terms of adding more detailed definitions under the “Definitions” section, they are already incorporated by reference in that section.

Another stakeholder requested that there be more clarity in the regulatory text with regard to the coming-into-force date of the ECDIS and BNWAS carriage requirements. They raised the fact that these dates are mentioned in the Regulatory Impact Assessment Statement (RIAS) but not in the regulatory text. They also pointed out that the “St. Clair River and Detroit River” section of Division 3 of the regulatory text and the RIAS do not mention a change to allow overtaking of vessels in the Fleming Channel (i.e. due to vessels slowing down to enter the Rouge River).

Transport Canada recognizes this issue and, therefore, the regulatory text has been amended to reflect that the coming-into-force date of the ECDIS carriage requirement is one year following the day on which these Regulations are registered and that the coming-into-force date for the BNWAS carriage requirement is January 1, 2022.

With regard to the overtaking of vessels in the Fleming Channel, Transport Canada recognizes the issue and this section in the regulatory text has been amended to stipulate that a vessel may overtake another vessel in the Detroit River between the west end of the Belle Isle and Peche Island Light if the vessel being overtaken has checked down its speed to make a turn for the Rouge River.

A comment was received from a stakeholder who is supportive of this regulatory initiative, but noted that the coming into force the BNWAS carriage requirement is not clearly reflected in the regulatory text. The stakeholder also pointed out some minor corrections that needed to be addressed in the English and French versions of the RIAS with regard to the reference to the BNWAS.

Transport Canada recognizes this issue and, therefore, the regulatory text has been amended to reflect the January 1, 2022, coming-into-force date for the BNWAS carriage requirement. Likewise, the BNWAS performance standards have been included in Schedule I of the Regulations in order to increase awareness of the requirements. The minor corrections have also been addressed in the English and French versions of the RIAS.

Another stakeholder informed Transport Canada that the use of the term “printed chart” in the Regulations could potentially hinder the move to digital versions of navigational charts. Therefore, the stakeholder proposed some minor amendments to Division 6 of Part 1 of the regulatory text to further enable future digital-based products.

Based on these comments, the regulatory text has been amended to align with the move toward digital version publications.

Online consultations were also led on the Let’s Talk Transportation website from April 29 until July 31, 2020, to inform affected stakeholders that, since the prepublication of the Regulations in the Canada Gazette, Part I, the coming-into-force date for the AIS carriage requirements had been changed to six months after the registration of the Regulations in order to align with the original spring 2021 coming-into-force date. No submissions or comments were received during these consultations.

Modern treaty obligations and Indigenous engagement and consultation

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

Transport Canada has consulted and is continuing to consult on this regulatory initiative through the regional Canadian Marine Advisory Council, which includes representatives of Indigenous groups.

Instrument choice

For this regulatory initiative, no other options were considered, as the intent of the regulatory initiative is to consolidate requirements found in 10 existing regulations related to navigation safety and radiocommunications into one comprehensive regulation and align these Regulations with (i) the Canada Shipping Act, 2001; and (ii) Chapters IV and V of the SOLAS Convention.

Regulatory analysis

This analysis has been updated following publication in the Canada Gazette, Part I. Vessel counts have been revised to reflect more recent data from the Canadian Vessel Register, the Canadian Beacon Registry, and a more complete list of Canadian vessels carrying automatic identification systems. The forecast for the number of marine occurrences, fatalities, and serious injuries has also been updated to incorporate data from 2018 and 2019.

The dollar year and the base year for calculating present value have been adjusted to 2019 and 2020, respectively, from 2017 in the previous analysis.

The changes result in a reduction in the overall present net value of the impacts of the regulations from $149.3 million in the previous analysis to $116.5 million. This reduction may be primarily explained by a reduced expected benefit from avoided loss of life due to the requirements for emergency beacons and the cost increase related to the expansion of the AIS carriage requirements. The updated AIS carriage dataset shows that more vessels will be affected by the Regulations.

Benefits and costs

The Navigation Safety Regulations, 2020 will expand carriage requirements for distress alerting equipment and situational awareness equipment. The quantified impacts of the expanded carriage requirements will result in a net present value of $116.5 million between 2020 and 2031.footnote 25 The total present value benefits are $204.59 million, which is the monetized value of the avoided loss of life, serious injury, and collision damage. The present value total cost of amendments is $88.1 million, the majority of which is attributable to expanded carriage requirements for AIS, and emergency beacons.

Consequential provisions in the amendments are presented separately in this cost-benefit analysis (CBA). Each part contains the total costs and benefits for all the associated requirements. Part 1 of the CBA examines the impacts associated with the distress alerting and communication measures. Part 2 considers the impacts associated with the situational awareness measures. Parts 3 and 4 addressed the amendments related to incorporation by reference and alignment with the Canada Shipping Act, 2001, neither of which have quantified impacts. A copy of the detailed CBA report is available upon request.

Along with expanded carriage requirements, there are many amendments necessary for consolidating 10 regulations into a single regulation to ensure consistency of terminology, and to avoid duplication. These have not been considered as part of the CBA.

Analytical framework

The cost-benefit analysis is conducted by estimating the benefits and costs associated with the difference in the number of vessels carrying the required safety equipment in a scenario where the requirements are not put in place (the baseline scenario) and when the requirements are in place (the policy scenario).

In the baseline scenario, Canadian vessels are expected to comply with all existing applicable national and international regulations. The existing regulatory requirements for each type of equipment, the baseline forecasts for the number of vessels carrying particular equipment, and for the number of occurrences associated with that equipment are discussed in subsections pertaining to each equipment type.

As of December 2019, there were 53 941 active vessels in the Canadian Register of Vessels.footnote 26 Based on an assumed average annual growth rate of 2.77% for all vessels, it is expected that there will be around 75 000 active vessels in Canada by 2031.

1. Impacts associated with distress alerting and communication measures

The amendments will expand the carriage requirements for emergency beacons, and very high frequency-digital selective calling radios, as well as mandating a two-way means of communicating to the shore. The quantified net present value of the provisions is $171.3 million. A summary of the annual benefits and costs is presented in Table 2.

The quantified benefit of these requirements is a present value of $192.8 million, which is the value of the expected reduction in serious injuries or lives lost at sea. These requirements will also result in savings for search and rescue services, since the use of beacons and improved communications between vessels and search and rescue services will allow them to conduct their operations more efficiently. The benefit to search and rescue service is not quantified.

The present value total cost of the distress alerting and communications measures will be $21.5 million. The majority of the costs are due to expanding emergency beacon carriage requirements, $18.2 million. Government costs associated with administering registered beacons will be $1.7 million, while $0.2 million will be the cost associated with Government compliance costs. Expanded carriage requirements for two-way communications ($1.2 million) and very high frequency-digital selective calling radios ($0.1 million) make up the remainder.

Table 2. Summary of annual quantified benefits and costs for distress alerting and communication measures (millions of dollars)
Values in Table 2 are presented in 2019 constant dollars for a period between 2020 and 2031 and reported as the 2020 present value using a 7% discount rate. Totals may not add up due to rounding.
  2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total
Benefits
Avoided injury and loss of life 22.7 21.2 19.8 18.5 17.3 16.2 15.1 14.1 13.2 12.3 11.5 10.8 192.8
Costs
Expanded beacon carriage requirements 6.8 1.3 1.2 1.2 1.1 1.1 1.0 1.0 0.9 0.9 0.9 0.8 18.2
VHF-DSC radios 0.5 −0.1 −0.1 −0.1 −0.1 −0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1
Two-way communications 0.6 0.0 0.0 0.0 0.4 0.0 0.0 0.0 0.3 0.0 0.0 0.0 1.3
Government compliance and administration costs 0.3 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 1.9
Total costs 8.1 1.4 1.3 1.3 1.6 1.2 1.2 1.1 1.4 1.0 1.0 0.9 21.5
Net benefit 14.6 19.8 18.5 17.3 15.7 15.0 13.9 13.0 11.8 11.3 10.5 9.8 171.3

1.1 Expanding distress alerting equipment requirements

An emergency position indicating radio beacon is a battery-operated device that can transmit a distress signal, along with its location and vessel information to search and rescue services. Float-free emergency position indicating radio beacons are secured to the vessel in a manner that allows it to be released and activated automatically in the event that the vessel sinks. A portable very high frequency-digital selective calling radio is a handheld device (like a walkie-talkie) that is capable of transmitting an emergency data signal containing the radio’s maritime mobile service identity number and global navigation satellite system coordinates. Portable very high frequency-digital selective calling radios are worn by navigation officers and distress signals can be triggered by pressing an alarm button, usually located on the back of the unit. When registered with the Canadian Beacon Registry,footnote 27 emergency position indicating radio beacons provide first responders with additional information that can provide valuable input into the rescue operation.

1.1.1 Affected vessels

As of December 2019, there were 9 513 vessels carrying at least one active emergency beacon in the Canadian Beacon Registry. While many of these vessels are required to carry emergency beacons under the Ship Station (Radio) Regulations, 1999 and the Fishing Vessel Safety Regulations,footnote 28 several do so voluntarily. Larger vessels may carry multiple beacons.

In 2020, the year that the carriage requirements will come into force, approximately 20 253 vessels will be required to carry an emergency beacon in the policy scenario. In the baseline scenario 9 513 vessels are expected to carry at least one emergency beacon in 2020. So the incremental number of vessels required to carry emergency beacons will be 10 740. Of this total, 150 vessels are owned by federal, provincial, or municipal governments.

1.1.2 Benefits of expanding distress alerting equipment requirements

The present value total benefit of the distress alerting equipment requirements is $192.8 million. This is the monetized value of the loss of life at sea or serious injuries that will be prevented due to the expended carriage requirements. These provisions will also reduce time spent searching for vessels that have signalled distress, resulting in avoided costs for search and rescue services. Due to modelling constraints, the savings to search and rescue services are not quantified.

Between 2008 and 2019, there were a total of 12 169 marine occurrences reported to the Transportation Safety Board. Occurrence data showed that 868 of these incidents resulted in 194 fatalities and 611 serious injuries. Based on an evaluation of each occurrence, it was determined that 27 fatalities and 12 serious injuries from 10 occurrences could have been avoided or reduced if the vessel involved had a distress alerting system on board. In the central analysis, it is estimated that between 2020 and 2031, an average of 2.25 fatalities and one serious injury per year will be completely avoided in the policy scenario.

Avoided fatalities and serious injuries are monetized by multiplying the number of each by the value of statistical life — $9.51 million for fatalities and $1.28 million for serious injuries (13.42% of the value of statistical life).footnote 29 The present value annual monetized benefit or expanding distress alerting measures is shown in Table 2 above.

1.1.3 Cost to vessel operators of expanding emergency beacon carriage requirements

As stated above, the amendments will expand the number of vessels required to carry an emergency position indicating radio beacon or a portable very high frequency-digital selective calling radio by around 9 200 vessels in 2020. The present value total cost for the expanded beacon carriage requirements is around $20.1 million. Of that total, $0.2 million will be incurred by federal, provincial or municipal governments to purchase and register emergency beacons on government-owned vessels. Annual costs of the expanded beacon carriage requirements for all vessel operators are shown above in Table 2.

Compliant float-free emergency position indicating radio beacons and portable very high frequency-digital selective calling radios are available from a variety of retailers and manufacturers for around $600 and $300, respectively. Around 75% of vessels are expected to purchase float-free emergency position indicating radio beacons. The remaining 25% will purchase portable very high frequency-digital selective calling radios.

Batteries for both types of beacons last an average of six years and replacement for most units is performed by the manufacturer. Battery replacement costs are similar to the cost of a new unit. Many owners opt to purchase new units when the batteries run low. It is assumed that, each year, one sixth of active emergency beacons will be replaced in both the baseline and policy scenarios.

Vessel operators will be required to register their units with the Canadian Beacon Registry. There is no charge for registering a beacon, but it does require on average 20 minutes to submit an application. It is assumed the average hourly wage of an employee registering an emergency beacon is $25.86.footnote 30 The present value total incremental registration cost is around $291,900.

1.1.4 Government costs of expanding beacon carriage requirements

As stated above, around 150 vessels affected by the amendments are owned and operated by federal, provincial, or municipal governments. These vessels will be required to carry an emergency beacon in the policy scenario, but are not expected to carry a beacon in the baseline. As stated above, the total cost to government of compliance with the amendments is $0.2 million. This total is included in the cost for government compliance and administration in Table 2.

The amendments will not impact the established compliance mechanisms for navigation safety and radiocommunication equipment. Marine safety inspectors will be expected to enforce the new requirements without extending normal inspections. The new requirements will not require additional monitoring to ensure compliance.

There will be no additional administrative costs to Transport Canada, since compliance submissions will be submitted to other agencies. The Canadian Beacon Registry may require additional resources to process the additional vessel and beacon information. The beacon register is maintained by two full-time employees. The distress alerting requirements will more than double the number of active vessels carrying beacons. Two full-time equivalent positions, each costing around $100,000 per year, will be required to process the increase in submissions. The total present value cost to government will be $1.7 million between 2020 and 2031.

1.2 Expanding carriage of very high frequency radios with digital selective calling

The present value total cost for the requirement to carry very high frequency-digital selective calling radios is around $0.1 million.

The very high frequency-digital selective calling radios under this requirement are non-portable, mounted units with a transceiver and microphone (like a CB-radio). As with portable units, mounted very high frequency-digital selective calling radios are capable of transmitting distress signals along with the global positioning system (GPS) location of the vessel.

More vessels with very high frequency-digital selective calling radios will allow for greater communication between vessels, enabling vessels to send and respond to distress signals from others in their area.

All very high frequency radios on the market today are capable of digital selective calling. However, many vessels still use non-digital selective calling radios. Fixed mounted very high frequency-digital selective calling radios are available from a variety of retailers and manufacturers for around $200.

The requirements will require affected vessels to replace their older, non-digital selective calling radios with new digital selective calling capable versions. These requirements will apply to vessels on inland water voyages. Around 3 032 vessels operating in the Great Lakes Region will be required to upgrade their radio. This replacement will happen gradually. In the baseline scenario, it is assumed that the initial stock of radios is replaced at a constant rate over the next six years. In the policy scenario, all radios are replaced within the compliance year. So replacement costs in subsequent years are avoided, which is why there are negative values in Table 2.

1.3 Means of two-way radiocommunications

The present value total cost for this requirement will be around $1.3 million.

As a practical matter of self-preservation, most vessels on voyages beyond 25 nautical miles from shore will carry some means for communicating with the authorities on the shore. However, there is no requirement for non-passenger vessels less than 300 gross tonnage to carry a means of two-way communications with a Canadian Coast Guard Marine Communications and Traffic Services Centre or another organization or person on shore that is providing communication.

The Regulations will require vessels of less than 300 gross tonnage to carry a means of two-way communications if beyond the limits of a near-coastal voyage, Class 2 (beyond 25 nautical miles from shore).

Requiring additional vessels to carry a means of two-way communications with shore will enable vessel operators to send a distress signal in the case of a non-urgent occurrence (like a mechanical failure) where an emergency position indicating radio beacon will not trigger the appropriate response.

Some vessels, such as fishing vessels that travel beyond 25 nautical miles from shore infrequently, may not carry such equipment. Transport Canada estimates that up to 2% of fishing vessels, around 350, may be affected by this requirement.

This is a performance-based requirement that will allow for a multitude of compliance options. Vessel operators could comply by carrying a satellite phone. Satellite phones are available from a variety of retailers for around $1,600 and can include some calling time credit. It is expected that the phones will need to be upgraded or replaced every four years, as technology advances.

2. Impacts associated with situational awareness measures

The Regulations will expand the carriage requirements for AIS, BNWAS and electronic chart display and identification systems. The quantified net present value of the expanded carriage requirements will result in a net cost of $54.8 million. Table 3 shows the annual present value quantified benefits and cost for situational awareness measures between 2020 and 2031.

Table 3. Summary of annual quantified benefits and costs for situational awareness measures (millions of dollars)
Values in Table 3 are presented in 2019 constant dollars for a period between 2019 and 2031 and reported as the 2020 present value using a 7% discount rate. Totals may not add up due to rounding.
  2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total
Benefits
Avoided damage AIS 0.0 1.3 1.2 1.1 1.0 1.0 0.9 0.9 0.8 0.7 0.7 0.7 10.3
Avoided damage BNWAS 0.0 0.0 0.0 0.0 0.0 1.5 0.0 0.0 0.0 0.0 0.0 0.0 1.5
Total benefits 0.0 1.3 1.2 1.1 1.0 2.5 0.9 0.9 0.8 0.7 0.7 0.7 11.8
Costs
AIS 0.0 32.5 3.2 3.1 2.9 2.8 2.7 2.6 2.5 2.4 2.3 2.2 59.2
BNWAS 0.0 0.0 2.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.5
Government compliance and administration 0.0 2.5 0.3 0.3 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.2 4.9
Total costs 0.0 35.0 6.0 3.3 3.2 3.1 3.0 2.8 2.7 2.6 2.5 2.4 66.6
Net benefit 0.0 −33.7 −4.8 −2.2 −2.2 −0.6 −2.0 −2.0 −1.9 −1.9 −1.8 −1.8 −54.8

The quantitative benefit for these requirements will be a reduction of marine incidents, including collisions, vessels sinking and groundings. The benefits are monetized by estimating the avoided damage to vessels, cargo, and the environment due to pollution. The present value total benefit of the situational awareness measures from the Regulations will be $11.8 million.

The present value total cost of the situational awareness measures is $66.6 million. Most of the costs will be from the expansion of AIS carriage requirements ($59.2 million). The expansion of BNWAS will result in a $2.5 million total cost. The regulatory requirements related to ECDIS costs may require some additional training for some vessels, but the cost is expected to be minimal, and is not quantified.

2.1 Expanded AIS carriage requirements

An AIS is a vessel tracking system and navigational tool that uses a very-high-frequency radio unit to provide automatic updates to other vessels and land-based stations on a vessel’s position, heading, length, beam, type, draught, and hazardous cargo information. AIS-equipped vessels are able to see information about each other on a display console. More vessels carrying AIS will improve situational awareness, reduce the risk of collision and allow for more efficient search and rescue efforts.

There are two types of AIS: Class A and Class B, depending on the transponder transmitting the AIS information. A Class A transponder will always be prioritized and shown to other ships in the area, whereas a Class B transponder will not be shown until there is room on the AIS channel. The Regulations will require new categories of vessels to have a Class A AIS on board.

2.1.1 Affected vessels by the expanded AIS carriage requirements

The existing Navigation Safety Regulations require an AIS on board every Canadian vessel of 500 gross tonnage or more regardless of the type of voyage.footnote 31 Vessels of 300 gross tonnage or more are required to carry an AIS if they are engaged on an international voyage, and vessels of 150 gross tonnage or more are required to carry an AIS if they are carrying 12 passengers or more and are engaged on an international voyage.

Based on data from AIS tracking websites, and the Canadian Registry of Vessels, around 5 519 Canadian vessels are expected to carry an AIS in 2020. Around 1 500 of these vessels are required to carry an AIS by Canadian or international regulations. The remaining vessels do so voluntarily.

This regulatory initiative will create a new category of vessels that will be required to carry an AIS on board, based on vessel type, length and passenger capacity, as listed in the description above. In a policy scenario, it is expected that 2 954 vessels will be required to carry an AIS on board by the compliance date, in 2020 — an incremental total of 1 585 vessels. Around 109 of these vessels will be owned by federal, provincial, or municipal governments.

Furthermore, in June 2019, the Navigation Safety Regulations were amended to expand AIS (Class A or B) carriage requirements to vessels that are certified to carry more than 12 passengers or vessels that are 8 m or more in length and carrying passengers.

2.1.2 Benefits of expanding AIS carriage requirements

The present value total benefit of the AIS carriage expansion is $10.3 million.

The expansion of AIS carriage requirements will improve situational awareness and reduce the risk of collisions. Vessels carrying an AIS are able to see other AIS carrying vessels on their display console and make navigational decisions based on other vessels in their area.

2.1.3 Reduction of collisions

The quantified benefits of expanding AIS carriage requirements will be a reduction of vessel collisions, therefore avoiding repair costs resulting from this type of incident.

Between 2008 and 2019, there were a total of 363 collisions reported to the Transportation Safety Board, an average of 30 per year.

An in-depth review of each incident determined that 10 of these occurrences could have been avoided if both vessels had AIS on board. In the policy scenario, it is assumed that one collision per year will be avoided between 2020 and 2031.

The benefit of avoided collisions is monetized using collision costs reported by a 2008 report published by the Finnish Maritime Administration.footnote 32 This report determined that the total cost for a collision is €900,000 (€800,000 for rescue and repair, €50,000 for environmental damage due to fuel leakage, and €50,000 for other government costs). This has been converted to $1.6 million in 2019 Canadian dollars. The present value annual benefit of avoided collisions between 2020 and 2031 is shown in Table 3.

In addition to reducing the cost from collisions, the new Regulations will reduce the risk of serious injury or fatality at sea by improving the ability of Canadian Coast Guard Marine Communications and Traffic Services Centres to respond to vessels in distress. Out of the 363 collisions that occurred between 2008 and 2019, 30 caused injuries to people on board. Having an AIS on board could help reduce the severity of injuries by facilitating more precise search and rescue efforts.

When a distress message is broadcast, the carriage of an AIS will allow the Marine Communications and Traffic Services Centre to verify the last-known location of the distressed vessel, as well as that of any AIS-equipped vessels nearby. Rescue units will be deployed with greater precision, and a response could be coordinated with nearby vessels. This will result in a faster response and less time in the water, which could save lives.

AIS data can also be instrumental in providing information for Transportation Safety Board and Transport Canada marine incident investigations in the event of an accident or incident. These data will be valuable for both government and academic research.

2.1.4 Cost to vessel operators of expanding AIS carriage requirements

The Regulations will expand the number of vessels required to carry AIS. The present value total cost for private vessel operators of the AIS carriage expansion requirements is $59.2 million between 2020 and 2031. Federal, provincial or municipal governments will incur a total present value cost of around $4.9 million between 2020 and 2031 to comply with the AIS carriage requirements.

The cost of carrying an AIS depends on vessel type and size. There are two types of costs: set-up cost (including engineering, installation, capital and initial training costs), and annual maintenance cost.

AIS units consist of a vessel-mounted transceiver and an antenna. Class A AIS units can be purchased from commercial retailers for around $3,069. Smaller, simpler vessels could mount the AIS beside or on top of existing equipment with minimal installation costs. Larger vessels will need to integrate the AIS into their navigation system and will be more complicated to install. Set-up cost for larger vessels (including engineering and analysis, purchase, installation and initial training) is estimated at $24,212 per unit. For smaller vessels, the set-up cost is estimated at $4,302 per unit. Average AIS set-up costs are showing in Table 4.

Table 4. Average AIS set-up costs per vessel
Acquisition, installation and training costs were adjusted from A Benefit-Cost Analysis for Automatic Identification System (AIS) on Canadian Domestic Vessels, conducted by Weir Canada, Inc. Dollar values in 2009 are inflated to 2019 using the Consumer Price Index.
 

Assumed Cost (2019, $)

Acquisition of AIS (transceiver, cables and antenna)

$3,069

Engineering analysis and drawing
updates

$7,047 large vessels

$0 small vessels

Installation and set-to-work

$9,985 large vessels

$352 small vessels

Initial training

$4,111 large vessels

$881 small vessels

Total

$24,212 large vessels

$4,302 small vessels

Large vessels will incur an additional $2,348 per year for maintenance and training. Smaller vessels will incur an additional $1,175 per year for maintenance and training.

Vessel operators will be required to obtain a maritime mobile service identity from Innovation, Science and Economic Development Canada. Registration is free, but it takes about 30 minutes to submit the forms. It is assumed the average hourly wage of an employee completing the forms to acquire a maritime mobile service identity is $25.49.footnote 33 The present value total incremental cost for acquiring a maritime mobile service identity is around $17,100.

The total present value costs for expanded AIS carriage requirements are shown in Table 3.

2.2 Bridge navigational watch alarm system

A BNWAS is an alarm system that notifies other navigational officers or the master of a vessel if the officer of the deck watch fails to respond or is incapable of performing watch duties. Typically, this is achieved through reset buttons or motion sensors that trigger alarms if not activated during a certain interval.

2.2.1 Affected vessels

The existing Navigation Safety Regulations do not require any Canadian vessels to carry a BNWAS on board. However, passenger vessels of any size and cargo vessels of 150 gross tonnage or more making voyages in international waters are required to carry a BNWAS in accordance with Chapter V of the SOLAS Convention.footnote 34 The Regulations will incorporate by reference Chapter V of the SOLAS Convention, extending BNWAS carriage requirements to passenger vessels of any size and cargo vessels of 150 gross tonnage or more and engaged on an international voyage or vessels that are 500 gross tonnage or more and not engaged on an international voyage.

In the baseline scenario, it is assumed that two categories of vessels are already BNWAS compliant, since Chapter V of the SOLAS Convention requires these types of vessels to carry a BNWAS on board. The first one being passenger vessels of any size that make international voyages and cargo vessels of 150 gross tonnage or more that make international voyages, and the second one being vessels that are 500 gross tonnage or more that were built on or after 2011.

An analysis of the Canadian Registry of Vessels resulted in an estimation of 190 active vessels that are expected to be BNWAS compliant already, following the above-mentioned assumptions.

In a policy scenario, vessels required to install a BNWAS are assumed to be those vessels that are 500 gross tonnage or more and that were built before 2011. The expected incremental number of vessels that will be required to install a BNWAS by the compliance date of 2022 is approximately 339 vessels. Since this increase will occur once only, there will be no incremental growth each year.

The total number of vessels expected to carry BNWASs by 2022 is approximately 529 vessels. Vessels built after 2011 are expected to be compliant and have a BNWAS on board in the baseline and policy scenarios, so they would not be considered affected vessels in this analysis.

2.2.2 Benefits of expanding bridge navigational watch alarm system carriage requirements

A BNWAS ensures that the officer of the deck watch is able to perform their duties effectively. In the case that the responsible officer is unable to respond to the alarm system, a series of indications and alarms are sent to other crew members so that they can perform the duties of the officer of the deck watch if qualified to do so. It also allows the officer of the deck watch to call for immediate assistance if necessary.

Having a BNWAS on board could help avoid different types of marine occurrences, such as groundings, collisions and even sinking of vessels. A review of the Transportation Safety Board reported occurrences between 2008 and 2019 determined that one of the occurrences resulting in the sinking and release of pollutants could have been avoided if the vessel involved had a BNWAS.

The benefits of avoided groundings have been monetized using a 2008 cost report from the Finnish Maritime Administration publication. This report determined that the total cost for a vessel grounding is €1,200,000. This figure includes €1,100,000 for rescue and repair costs, €50,000 for environmental damage due to fuel leakage, and €50,000 for other government costs.

When converted to 2019 Canadian dollars, the resulting cost of a grounding is $2.19 million.footnote 35 Assuming that one grounding could be avoided in the next 10 years after the compliance date, and assuming that one collision occurs in the year 2025, the present value of avoiding said collision is $1.56 million (Can$2019, discounted to 2020 at 7% discount rate).

2.2.3 Costs of expanding bridge navigational watch alarm system carriage requirements

The present value total cost for the requirement to carry a BNWAS in a policy scenario is $2.5 million for the 2020–2031 period. The cost per vessel is a one-time cost that will involve the installation cost and the cost of purchasing the BNWAS unit. BNWAS units can be purchased for around $1,900.footnote 36 It is expected that installation of a BNWAS will take up to three days and can only be done during a significant maintenance period. Total installation costs are calculated by the time it would take to install the system, and the wage of the employee installing the unit,footnote 37 times a project multiplier. The installation costs were estimated to be around $6,495. Total cost per vessel will be approximately $8,364 for both purchase and installation of a BNWAS.

2.3 Electronic chart display and information system

An ECDIS is a computer-based navigation system used to supplement traditional paper charts. The system consists of a monitor and interface console, software, and input sensors. The ECDIS uses Global Navigation Satellite System technology to display real-time information about the vessel and surrounding area overlaid onto navigational charts. An ECDIS makes voyage planning easier for vessel operators. Vessels can take their draft into consideration when route planning, considering areas of dangerous conditions or special attention. This system advises the navigator if they are following the planned track and if the vessel might be approaching shallow waters and other dangerous areas. An ECDIS monitors data received from installed navigation data sensors and emits warning signals to make sure that the navigator can take corrective actions and prevent marine incidents, such as a bottom contact or groundings.

Canadian vessels constructed or registered on or after the compliance date, in 2021, must be equipped with an ECDIS, or other means, as follows: (i) passenger vessels of 500 gross tonnage or more; and (ii) non-passenger vessels of 3 000 gross tonnage or more. An ECDIS will also be required on Canadian vessels on international voyages to which Chapter V of the SOLAS Convention applies via incorporation by reference.

It is assumed that no existing Canadian-flagged vessels will be required to install an ECDIS as a result of the Regulations. New vessels that fall under the ECDIS requirement categories built outside of Canada are expected to have an ECDIS fitted on board, as per Chapter V of the SOLAS Convention. For this reason, it is assumed that there is no capital cost associated with the ECDIS requirement. However, a small number of vessels that already have installed an ECDIS but are not currently using it will be required to train at least one crew member. There are also minimal annual costs associated with the maintenance of an ECDIS. These costs have not been quantified.

3. Impacts associated with incorporation by reference

3.1 Incorporation by reference of Chapter IV (Radiocommunications) and Chapter V (Safety of Navigation) of the International Convention for the Safety of Life at Sea

Incorporating by reference Chapters IV and V of the SOLAS Convention into the Navigation Safety Regulations, 2020 will reduce the need for Transport Canada to update national regulations to reflect internationally agreed-upon standards and requirements.

In the baseline scenario, updates and amendments to the SOLAS Convention will require subsequent updates and amendments to Canadian regulations. By incorporating equipment carriage requirements by reference, Canadian regulations will maintain international alignment without the need to make future amendments.

4. Alignment with the Canada Shipping Act, 2001 — Reclassification of voyages

In July 2007, voyage classifications were redefined when the Canada Shipping Act was replaced by the new Canada Shipping Act, 2001. Where the previous Canada Shipping Act had 10 voyage classifications, the Canada Shipping Act, 2001 only has 4.

Several of the requirements in the 10 regulations being combined into the new Navigation Safety Regulations, 2020 still refer to voyage classifications from the previous Canada Shipping Act. Reclassifying voyages will clarify and simplify the regulations and align them with international classification conventions. This reclassification will have limited impacts on vessel owners.

Cost-benefit statement

Number of years: 12 (2020 to 2031)
Base year for costing: 2019
Present value base year: 2020
Discount rate: 7%

Table 5. Monetized costs (in millions of dollars)

Impacted Stakeholder

Description of Cost

Base Year

Other Relevant Years (Annual Average)

Final Year

Total (Present Value)

Annualized Value

Government

Total compliance and administrative costs

$0.28

$0.63

$0.31

$6.84

$0.86

Industry

Expanded beacon carriage and communication measures

$7.85

$1.09

$0.84

$19.57

$2.46

Situational awareness measures

$0.00

$5.95

$2.21

$61.68

 $7.77

Canadians

Total for industry

$7.85

$7.03

$3.05

$81.25

$10.23

All stakeholders

Total costs

$8.13

$7.66

$3.36

$88.09

$11.09
Table 6. Monetized benefits (in millions of dollars)
Impacted Stakeholder Description of Benefit Base Year Other Relevant Years (Annual Average) Final Year Total (Present Value) Annualized Value
Government Direct monetized benefits to the Government $0.00 $0.00 $0.00 $0.00 $0.00
Industry Avoided loss of life or serious injuries $22.68 $15.93 $10.78 $192.78 $24.27
Avoided collision or grounding $0.00 $1.12 $0.65 $11.81 $1.49
All stakeholders Total benefits $22.68 $17.05 $11.43 $204.59 $25.76
Table 7. Summary of monetized costs and benefits (in millions of dollars)
Values in Table 7 are presented in 2019 constant dollars for a period between 2020 and 2031 and reported as the 2020 present value using a 7% discount rate. Totals may not add up due to rounding.
Impacts Base Year Other Relevant Years (Annual Average) Final Year Total (Present Value) Annualized Value
Total costs $8.13 $7.66 $3.36 $88.09 $11.09
Total benefits $22.68 $17.05 $11.43 $204.59 $25.76
Net impact $14.56 $9.39 $8.07 $116.50 $14.67

Quantified (non-$) and qualitative impacts

Distributional analysis

Distributional impacts of distress alerting and communication measures

In terms of total costs, the Pacific and Atlantic regions will be most affected by the emergency position indicating radio beacon requirements. Together, they will assume approximately 63% of the total cost. Table 8 shows the distribution of vessels that will be impacted by the emergency position indicating radio beacon requirements by region, as well as the present value total costs for the 2020–2031 period.

Between 2020 and 2031, a total of 14 505 vessels will be required to carry an emergency beacon. Of the total vessels affected, 22% operate in the Pacific region and 41% operate in the Atlantic region. The regions of Ontario and Northern Canada will experience higher costs per vessels compared to the rest of the regions, while the Prairies region will have average costs per vessel that are considerably below the Canada average.

Table 8. Emergency beacons: Total vessels affected, present value total cost and cost per vessel by region between 2020 and 2031
Regions Total Number of Vessels 2020–2031 Present Value Total Cost 2020–2031 (in millions of dollars) Cost Per Vessel ($)
Pacific 3 160 4.0 1,271
Prairies 982 1.2 1,198
Ontario 2 060 2.6 1,273
Quebec 2 059 2.7 1,309
Atlantic 6 052 7.6 1,260
Northern Canada 192 0.2 1,197
Total 14 505 18.4 1,266

Distributional impacts of situational awareness measures

Vessels operating in the Pacific will be most affected by expanded AIS carriage requirements. Approximately 51% of vessels that will be impacted by the expanded AIS carriage requirements operate in the Pacific Region. There is already a high rate of AIS carriage requirements among vessels in the Atlantic and in Ontario, which explains why its portion of costs is low relative to the number of vessels operating in the region. A total of 1 979 Canadian flagged vessels will be required to install an AIS in the 2020–2031 period, with a national average cost of $29,919 per vessel. Table 9 shows the impact of AIS requirements by region, including the total number of vessels and the total cost for the 2020–2031 period, and the average cost per vessel by region.

Table 9. AIS — Total vessels affected, present value total cost and cost per vessel by region between 2020 and 2031
Regions Total Number of Vessels 2020–2031 Present Value Total Cost 2020–2031 (in millions of dollars) Cost Per Vessel ($)
Pacific 1 017 31.9 31,320
Prairies 53 1.5 28,277
Ontario 346 9.6 27,681
Quebec 251 7.5 29,933
Atlantic 297 8.3 27,969
Northern Canada 15 0.5 30,710
Total 1 979 59.2 29,919

Sensitivity analysis results

A sensitivity analysis was conducted by examining different scenarios with respect to expected costs, growth rates and benefits. The impact of different discount rates, growth rates and average unit costs were examined by looking at the net benefit if certain variables were higher or lower than the central estimate.

Expected avoided fatalities and serious injuries

In the central analysis, it is assumed that the expanded emergency beacon requirements will result in three fewer fatalities and one fewer serious injury per year. This assumption is highly uncertain since fatalities and serious injuries at sea are rare and unpredictable. Each occurrence is unique, and it is very difficult to say definitively that a tragic outcome could have been avoided with the addition of specific safety equipment.

All else being equal, the Regulations will still be a net benefit if the expanded emergency beacon requirements result in just one avoided fatality and one serious injury per year. In this scenario, the present value benefit of distress alerting and communication measures will be $91.7 million, which will result in a total present value net benefit of $15.67 million for the Regulations.

Expected damage costs

For the situational awareness measures, benefits are quantified in terms of avoidable damage cost from occurrences that will be prevented with the requirement expansion. In the central analysis, it is assumed that the expansion of AIS requirements will reduce the number of collisions. Based on a review of occurrence data, it is assumed that the AIS carriage expansion will result in 10 avoided collisions in the next 11 years. It is difficult to say exactly how much damage can result from a collision, since many factors could play a role in determining the total damage cost from these incidents. Using insurance claims data from a 2008 report published by the Finnish Maritime Administration, the central value used for damage costs in one collision is $1.6 million, resulting in a present value total benefits of $10.3 million for the 2020–2031 period. The central analysis represents collision cost for commercial shipping vessels. For the sensitivity analysis, lower ($913,000) and higher ($2.37 million) damage costs per incident were used, to account for variability in collision damage for different vessel types, as suggested in the Finnish Maritime Administration report.

Table 10. Collision damage cost and net present value from AIS (in millions of dollars)
  Lower Central Higher
Collision damage cost 0.9 1.6 2.4
Present value total benefit — AIS 5.7 10.3 14.8
Net present value of situational awareness measures −53.5 −48.9 −44.4

Discount rates

The central analysis used a 7% discount rate, in accordance with Treasury Board Secretariat guidance on cost-benefit analysis. Since the majority of costs are carried within the first years after the coming into force of the Regulations while the benefits remain fairly constant throughout the period of analysis, a higher discount rate results in a lower net benefit, as shown in Table 11.

Table 11. Sensitivity analysis: Total benefits and costs with different discount rates (in millions of dollars)
  Undiscounted 3% 7%
Benefits
Distress alerting and communication measures 272.2 232.6 192.8
Situational awareness measures 17.2 14.5 11.8
Costs
Distress alerting and communication measures 28.1 24.8 21.5
Situational awareness measures 85.4 76.1 66.6
Net present value 175.9 146.2 116.5

Analytic timeframe

The timeframe of the central analysis is 2020 to 2031. There are 12 years under consideration. Since the majority of costs are incurred within the first years of the new Regulations coming into force, and since the benefits remain greater than the costs for all subsequent years, extending the timeframe to 2040 increases the net benefit overall.

Table 12. Total present value benefits and costs between 2020 and 2040 (in millions of dollars)
Benefits
Distress alerting and communication measures 263.0
Situational awareness measures 16.8
Costs
Distress alerting and communication measures 28.5
Situational awareness measures 78.0
Net present value 166.8

Growth rates

In the central analysis, a growth rate of 2.7% was applied to all vessel types. For the sensitivity analysis, the effect of lower (1.7%) and higher (3.7%) growth rates was examined to determine how they affect the present value of the total cost for the emergency position indicating radio beacon and AIS carriage requirements expansion. The value of the benefits will not be affected by different growth rates. It is assumed that the number of marine incidents and fatalities or injuries are uncorrelated to the number of active vessels (except at the extremes).

Table 13. Total affected vessels 2020–2031 and total costs for emergency position indicating radio beacons and AIS
  Low Central High
EPIRB expansion affected vessels 12 941 14 504 16 135
AIS expansion affected vessels 1 765 1 979 2 201
Emergency beacon total cost table 13 note * $17.0M $18.2M $19.3M
AIS total cost table 13 note * $60.8M $64.1M $67.5M

Table 13 note

Table 13 note *

Including the cost for government vessels.

Return to table 13 note * referrer

Small business lens

The overwhelming majority of companies affected by the Regulations will be small businesses. According to Canadian industry statistics from Innovation, Science and Economic Development Canada, nearly 100% of firms operating in the fishing industry (North American Industry Classification System code 1141) have fewer than 100 employees. The average annual revenue for firms in this sector is $205,900.footnote 38

Around 87% of firms operating in the deep sea, coastal and Great Lakes water transportation industry (North American Industry Classification System code 4831) have fewer than 100 employees. The average annual revenue for firms in this sector is $803,900.footnote 39

Since the overwhelming majority of affected vessels are operated by small businesses, flexibility granted to small businesses for implementation dates or reduced compliance standards will result in a significant reduction or complete elimination of any expected benefit from the Regulations during that period.

As demonstrated in the “Distributional analysis” section, the cost per business is relatively low for the emergency beacon requirements. For other provisions in the Regulations, the costs remain relatively low and vary with the size of the vessel operated by the business.

For these reasons, flexibility options are not being considered.

One-for-one rule

The one-for-one rule applies, as the Regulations repeal nine existing regulatory titles and replace them with one new regulatory title; as a result, a net of eight titles out is counted under the rule.

The Regulations will not result in an incremental change in administrative burden on business.

Regulatory cooperation and alignment

This regulatory initiative repeals nine existing regulations related to navigation safety and radiocommunications, consolidates them into one regulation, and transfers some requirements from the Steering Appliances and Equipment Regulations to the new Regulations. The Regulations will align these requirements with international standards under Chapters IV and V of SOLAS, which has been adopted by 174 Member States and 3 Associate Members.

This initiative will also align with the United States/Canada policy change regarding navigating the St. Clair and Detroit Rivers. Since November 14, 2012, the restricted speed area currently in place as per the St. Clair and Detroit River Navigation Safety Regulations between the Detroit River Light and Peche Island Light has been reduced in size by relocating the southern point of the restricted speed area from its location at the Detroit River Light to a new location at Bar Point Light “D33”.

Increasing carriage requirements of AIS will align Canadian regulations with current carriage requirements in the United States and the St. Lawrence Seaway.

Strategic environmental assessment

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

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these Regulations.

Implementation, compliance and enforcement, and service standards

Implementation

The coming-into-force date of these Regulations will be on the day upon which they are registered, with the exception of the expansion of the AIS carriage requirement, which will come into force six months following the registration of these Regulations, and the ECDIS carriage requirement, which will come into force one year following the registration of these Regulations. A further exception would be the BNWAS carriage requirement for domestic vessels, for which the coming-into-force date is January 1, 2022.

Compliance and enforcement

Compliance and enforcement of these requirements will be addressed nationally through periodical inspections and/or risk-based inspections. The oversight will not entail an increase in resources, as most affected vessels are already inspected periodically.

Under the current marine safety inspection regime, all vessels that are 15 gross tonnage (12 m) and above or are carrying more than 12 passengers are inspected annually. Under the current radio inspection regime, vessels that are 20 m or above, towboats and vessels that carry more than 12 passengers are inspected periodically. Most of the affected vessels under this regulatory initiative will fall under these inspection regimes. The remaining vessels will be inspected on a risk-based level.

Contact

Alexandre Lavoie
Senior Marine Safety Inspector
Navigation Safety and Environmental Programs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C, 10th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613‑952‑4425
Fax: 613‑993‑8196
Email: alexandre.lavoie@tc.gc.ca