Fishing Vessel Safety Regulations
1 [Repealed, SOR/2016-163, s. 2]
2 The following definitions apply in these Regulations.
(a) in Part 0.1, the mid-point of the hull length of a fishing vessel; and
(b) in Parts I and II, the mid-point of the length of a fishing vessel. (milieu du bâtiment)
- closed construction
closed construction, in respect of a fishing vessel, means that more than 50 per cent of the length of the vessel is covered full width, at or above the gunwale level, by decks or permanent enclosures. (ponté)
existing, in respect of a fishing vessel, means that the vessel is not new. (existant)
- fishing vessel
fishing vessel means a vessel that is used or is to be used for commercially catching, harvesting or transporting fish or other living marine resources. (bâtiment de pêche)
length, in respect of a fishing vessel, means, in Parts I and II,
(a) the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post, except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock; or
(b) if the vessel has no rudder stock or has a rudder stock situated outside the hull at the stern, the distance from the foreside of the foremost permanent structure of the vessel to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes. (longueur)
new, in respect of a fishing vessel, means, in Parts I and II, that construction of the vessel started on or after January 6, 1965. This definition applies also to any foreign fishing vessel brought under Canadian registry, regardless of the date on which its construction started. (neuf)
- open construction
open construction, in respect of a fishing vessel, means that the vessel is not one of closed construction. (non ponté)
- TP 127
TP 127 means the Ship Safety Electrical Standards, issued by the Department of Transport, as amended from time to time. (TP 127)
- SOR/79-905, s. 1
- SOR/96-217, s. 1
- SOR/99-215, s. 4
- SOR/2000-262, s. 1
- SOR/2016-163, s. 2
Marginal note:Canadian vessels
3 These Regulations apply in respect of fishing vessels that are Canadian vessels and that are not more than 24.4 m in length and not more than 150 gross tonnage.
- SOR/96-217, s. 6
- SOR/2016-163, s. 2
3.01 (1) The following definitions apply in this Part.
breadth means the maximum breadth of a fishing vessel, measured amidships to the moulded line of the frame in the case of a vessel with metal shell plating, and measured to the outer surface of the shell plating in any other case. (largeur)
- classification society
classification society means a classification society that is a member of the International Association of Classification Societies (IACS). (société de classification)
- engine space
engine space means any space that contains a permanently installed propulsion engine or auxiliary engine, and includes any connected spaces. (compartiment moteur)
EPIRB means an emergency position-indicating radio beacon. (RLS)
- hull length
hull length, in respect of a fishing vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell. (longueur de coque)
- IMO Resolution MSC.81(70)
IMO Resolution MSC.81(70) means the annex to International Maritime Organization Resolution MSC.81(70), Revised Recommendation on Testing of Life-Saving Appliances. (résolution MSC.81(70) de l’OMI)
- inland voyage
inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
- IS Code
IS Code means the annex to International Maritime Organization Resolution MSC.267(85), International Code on Intact Stability, 2008. (recueil IS)
lifebuoy means a SOLAS lifebuoy or a small vessel lifebuoy. (bouée de sauvetage)
lifejacket means a small vessel lifejacket, a standard lifejacket, a Class 1 or Class 2 lifejacket or a SOLAS lifejacket. (gilet de sauvetage)
- life raft
life raft means a SOLAS life raft, a reduced capacity life raft or a coastal life raft. (radeau de sauvetage)
- LSA Code
LSA Code means the annex to International Maritime Organization Resolution MSC.48(66), International Life-Saving Appliance (LSA) Code. (recueil LSA)
- machinery space
machinery space means any space containing propelling machinery, steering gears, boilers, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and any similar spaces and trunks to those spaces. (tranche des machines)
- near coastal voyage, Class 1
near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
- near coastal voyage, Class 2
near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)
- near coastal voyage, Class 2, restricted to 2 nautical miles
near coastal voyage, Class 2, restricted to 2 nautical miles means a near coastal voyage, Class 2, during which the fishing vessel engaged on the voyage is always within 2 nautical miles from shore. (voyage à proximité du littoral, classe 2, limité à 2 milles)
new, in respect of a fishing vessel, means that construction of the vessel started — or that a contract was signed for the construction of the vessel or that the vessel was imported into Canada and registered for the first time in Canada — more than one year after the day on which these Regulations come into force. (neuf)
- permanently installed
permanently installed, in respect of an object, means securely fastened so that tools must be used for its removal. (fixé à demeure)
power-driven, in respect of a fishing vessel, means that the fishing vessel is propelled by an engine or has an engine on board to propel it. (à propulsion mécanique)
- product certification body
product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including initial certification of the product and maintenance of that certification. (organisme de certification de produits)
- pyrotechnic distress signal
pyrotechnic distress signal means a rocket parachute flare, a multi-star flare, a hand flare, or a buoyant or hand smoke signal. (signal de détresse pyrotechnique)
- readily accessible
readily accessible means capable of being reached easily and safely under emergency conditions without the use of tools. (facilement accessible)
- reboarding device
reboarding device means a ladder, lifting harness or other apparatus, not including any part of a fishing vessel’s propulsion unit, that assists a person to reboard the vessel from the water. (dispositif de remontée à bord)
- recommended practices and standards
recommended practices and standards means the recommended practices and standards for marine use issued by a marine classification society, standards development organization, industrial or trade organization, government, government agency or international body. (normes et pratiques recommandées)
- recovery boat
recovery boat means a boat that is auxiliary to a fishing vessel and that can be used in an emergency. (embarcation de récupération)
- sheltered waters voyage
sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
SOLAS means the International Convention for the Safety of Life at Sea, 1974. (SOLAS)
- sound-signalling device
sound-signalling device means a pealess whistle or a compressed-gas or electric horn. (dispositif de signalisation sonore)
- TP 1332
TP 1332 means the Construction Standards for Small Vessels, published by the Department of Transport. (TP 1332)
- TP 14475
TP 14475 means the Canadian Life Saving Appliance Standard, published by the Department of Transport. (TP 14475)
- unlimited voyage
unlimited voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)
watertight, in respect of a structure, means capable of preventing the passage of water through the structure in any direction under a head of water for which the structure is designed. (étanche à l’eau)
weathertight, in respect of a fishing vessel, means that in any sea conditions water will not penetrate into the vessel. (étanche aux intempéries)
Marginal note:Near coastal voyage, Class 2
(1.1) For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:
(a) subsection 3.25(1); and
(b) subparagraphs 2(b)(ii), 3(b)(ii), 4(b)(ii) and 5(b)(ii) of the table to subsection 3.27(1).
Marginal note:Near coastal voyage, Class 2, restricted to 2 nautical miles
(1.2) For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.
Marginal note:Documents incorporated by reference
(2) Except as otherwise indicated in this Part, any reference in this Part to a document is a reference to that document as amended from time to time.
(3) In the event of an inconsistency between a provision in a document incorporated by reference and a provision in this Part, the provision in this Part prevails.
Marginal note:Date of construction
(4) For the purposes of this Part, a reference to the date of construction, manufacture or rebuilding of a fishing vessel is to be read as a reference to the date on which the actual construction, manufacture or rebuilding starts.
Marginal note:IS Code
(5) For the purposes of the application of the IS Code,
(a) “Administration” shall be read as “Minister”;
(b) “should” shall be read as “shall”, and any recommendations are to be considered mandatory; and
(c) any guidelines, explanatory notes, requirements or similar matters set out in a document referred to in a footnote to the IS Code are to be considered mandatory.
- SOR/2016-163, s. 2
- SOR/2021-135, s. 28
3.02 Unless otherwise indicated in this Part, the authorized representative and the master of a fishing vessel shall ensure that the requirements of this Part are met.
- SOR/2016-163, s. 2
Division 1General Requirements
Marginal note:Design, construction and equipment
3.03 (1) The authorized representative of a fishing vessel shall ensure that the vessel is designed, constructed and equipped to operate safely and be seaworthy in its area of operation.
Marginal note:Safe operation and seaworthiness
(2) If the Minister has reasonable grounds to believe that the design, construction or equipment of a fishing vessel adversely affects its safe operation or seaworthiness in its area of operation, the Minister shall request the authorized representative of the vessel to establish that the vessel meets the requirements of subsection (1).
- SOR/2016-163, s. 2
Marginal note:Maintenance of machinery and equipment
3.04 (1) A fishing vessel, as well as its machinery and equipment, shall be maintained to ensure that it is in a safe operating condition.
Marginal note:Maintenance records
(2) The authorized representative of a fishing vessel shall maintain records on the maintenance of the vessel and of its machinery and equipment.
- SOR/2016-163, s. 2
Prohibition — Operational Limits
Marginal note:Prohibition — freezing spray
3.05 (1) No person shall operate, or permit another person to operate, a fishing vessel in an area for which a freezing spray warning has been issued by Environment Canada unless the stability assessment for the vessel has demonstrated that the vessel has the capability to operate safely in freezing spray conditions when ice accretion is likely to occur.
Marginal note:Accumulated ice
(2) If a freezing spray warning has been issued by Environment Canada for an area in which a fishing vessel is operated or is intended to be operated, the vessel shall carry on board a means to remove accumulated ice from the vessel.
- SOR/2016-163, s. 2
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