Canada Gazette, Part I, Volume 153, Number 24: Navigation Safety Regulations, 2019

June 15, 2019

Navigation Safety Regulations, 2019

Statutory authorities
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

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

  • Issues: Between 2008 and 2017, there was an average of 16 fatalities and 50 serious injuries per year from incidents on board commercial vessels in Canadian waters. Collisions, groundings and ship strikes collectively account for around 20% of all reported marine accidents per year. While the trend in recent years has been improving, 2018 was a particularly tragic year, with 21 fatalities and 52 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 Chapter IV (Maritime Radiocommunications) and Chapter V (Navigation Safety) of the International Convention for the Safety of Life at Sea (SOLAS Convention) [to which Canada is a signatory], and must be amended to align accordingly.
  • Description: This regulatory proposal would consolidate requirements found in 10 existing regulations relating to navigation safety and radiocommunications into one regulation: the proposed Navigation Safety Regulations, 2019 (the proposed Regulations). At the same time, 9 of those existing regulations would be repealed. Further, the consolidated provisions would 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 Chapter IV and Chapter 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 would enhance marine safety in terms of collision avoidance and search and rescue efforts and would 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 Chapter IV and Chapter V of the SOLAS Convention would allow Canada to meet its international commitments, support harmonization efforts with other jurisdictions, and create a clearer and simpler set of regulatory requirements while improving safety.

    This regulatory initiative would 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 proposed Regulations would 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, groundings and ship strikes collectively account on average for around 20% of all reported marine accidents. footnote 1 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 would reduce navigational errors that can result in vessels running aground, or colliding with other vessels, which would, in turn, result in greater safety of life and property at sea, and greater protection of the marine environment.

According to marine occurrence data footnote 2 of the Transportation Safety Board, there was an average of 16 fatalities and 50 serious injuries per year from marine occurrences involving commercial vessels in Canadian waters between 2008 and 2017. Many of these fatalities and serious injuries resulted from vessels becoming distressed with no opportunity to signal for help. The Chief Coroner for the Leviathan II marine incident, the Transportation Safety Board, and the Auditor General of Canada have all recommended mandatory carriage of a means to send a distress alert ashore, via beacon, for all commercial vessels on a voyage outside sheltered waters. footnote 3 This would increase the ability of search and rescue units to locate vessels in distress and reduce response times. The Transportation Safety Board report findings from the Pop’s Pride and the Brier Mist marine incidents, among others, identified safety deficiencies related to the absence of emergency position indicating radiobeacons (EPIRBs).

Alignment with Chapter IV and Chapter 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 must to be updated to align with these new international standards. As a signatory to the SOLAS Convention, Canada 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 would be made mandatory (for certain vessels and new builds) through this regulatory proposal’s incorporation by reference of Chapter V of the SOLAS Convention, the wording would at the same time be made clearer.

Improving clarity

Requirements respecting the carriage of navigation safety and radiocommunication equipment are currently spread out across 10 separate regulations. Consolidating these requirements into a single regulation would make it easier for regulated parties to understand and meet the 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 would 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 Chapter IV and Chapter 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 were 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 4

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

Objectives

The objectives of this regulatory initiative are the following:

  1. Reduce the risk of loss of life or serious injury at sea, potential marine incidents, and oil spills through the expansion of navigation safety and radiocommunication equipment carriage requirements (emergency position indicating radiobeacons, automatic identification systems, electronic chart display and information systems, bridge navigational watch and alarm system, very high frequency-digital selective calling and two-way radiocommunications);
  2. Reduce the cost of emergency response (distress and oil spill response activities) by conducting faster and more precise searches of smaller areas;
  3. Maintain alignment with international standards by incorporating by reference Chapter IV (Radiocommunications) and Chapter V (Safety of Navigation) of the SOLAS Convention, as amended from time to time;
  4. Improve clarity by updating terminology to align with the Canada Shipping Act, 2001;
  5. Respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, and the Auditor General of Canada;
  6. Address concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations; and
  7. Create a clearer and more coherent set of requirements for industry by bringing together all requirements respecting navigation safety and radiocommunications into one regulation.

Description

This regulatory proposal would repeal nine existing regulations related to navigation safety and radiocommunication and consolidate them into one new regulation: the Navigation Safety Regulations, 2019.

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

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

Along with this consolidation, proposed enhancements to certain provisions currently contained in the 10 regulations would (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 Chapter IV and Chapter 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] would be repealed and incorporated into the proposed Regulations. At the same time, the proposed Regulations would be enhanced to increase the carriage of distress alerting equipment by requiring

Table 1. Proposed distress alerting equipment requirements
Transport Canada
Regulatory Proposal		 Vessels < 8 m Vessels 8 m to 12 m Vessels > 12 m
  Meets the Transportation Safety Board recommendations
Near coastal voyage, Class 1 and beyond Float-free EPIRB Float-free EPIRB (currently manual EPIRB is allowed) Float-free EPIRB (already required)
  Partially meets the TSB recommendations Meets the TSB recommendations
Near coastal voyage, Class 2 Float-free EPIRB; or manual EPIRB; 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 proposed Regulations would increase carriage of VHF radios with DSC by requiring

Means of two-way radiocommunications

The proposed Regulations would increase carriage of two-way radiocommunications by requiring

Situational awareness measures

Automatic identification systems

The proposed Regulations would require new categories of vessels to have an automatic identification system (AIS), Class A 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 would be required on board the following vessels:

Incorporation by reference

The proposed Regulations would incorporate by reference Chapter IV and Chapter V of the SOLAS Convention, as amended from time to time. This would alleviate the need to update the proposed 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 would 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 would be introduced by the incorporation by reference of Chapter V, as outlined below.

Bridge navigational watch and alarm system

Chapter V of the SOLAS Convention requires a bridge navigational watch and 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 proposed Regulations, vessels that are 150 gross tonnage or more and engaged on an international voyage or vessels that are 500 gross tonnage or more would 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.

In addition, the proposed Regulations would add a new requirement for Canadian vessels constructed or registered on or after the date of entry into force of the Navigation Safety Regulations, 2019 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, would be incorporated into the proposed 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 would be consolidated into the proposed 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

Consultations

Affected stakeholders include all operators of commercial vessels (vessels of all sizes, including fishing vessels, workboats, water taxis, and ferries). There are 52 470 active vessels registered with Transport Canada.

Other stakeholders and partners would 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 was provided with regular updates during the development of the revised requirements of 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 proposed Navigation Safety Regulations, 2019 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 proposed 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 proposed 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 proposed 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 comment 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 therefore not a threat to marine life.

Stakeholder reaction regarding this regulatory initiative has been positive. It is anticipated that this regulatory proposal will garner high support and low opposition from concerned stakeholders. Throughout the consultations, stakeholders were significantly involved in the development of the proposed 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. Discussions have ensued since then, and a few exemptions from this requirement were considered for certain vessels. It was decided that ferries that are travelling less than five nautical miles would be exempted from this carriage requirement. Otherwise, affected stakeholders have been supportive of this regulatory proposal.

Modern treaty obligations and Indigenous engagement and consultations

It is anticipated that this regulatory proposal will impact a very minimal number of Indigenous peoples and will not impact social and ceremonial activities.

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 to align the proposed Regulations with the Canada Shipping Act, 2001 and Chapters IV and V of the SOLAS Convention.

Regulatory analysis

Benefits and costs

The proposed Navigation Safety Regulations, 2019 would expand carriage requirements for distress alerting equipment and situational awareness equipment. The quantified impacts of the expanded carriage requirements would result in a net present value of $149.3 million between 2019 and 2030. footnote 7 The total present value benefits are $227.0 million, which is the monetized value of the avoided loss of life, serious injury, and collision damage. The present value total cost of the proposed amendments is $77.9 million, the majority of which is attributable to expanded carriage requirements for AISs and emergency beacons.

Consequential provisions in the proposed amendments are presented separately in this cost-benefit analysis (CBA). Each part contains the total costs and benefits for all of 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 address the amendments related to incorporation by reference and alignment with the Canada Shipping Act, 2001, neither of which has quantified impacts. A copy of the CBA is available upon request.

Along with expanded carriage requirements, there are many proposed amendments necessary for consolidating 10 regulations into a single regulation to ensure consistency of terminology and to avoid duplication; they 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 proposed requirements are not put in place (the baseline scenario) and when the proposed 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.

In 2017, there were 52 470 active vessels in the Canadian Register of Vessels. footnote 8 Based on an assumed average annual growth rate of 2.77% for all vessels, it is expected that there would be about 75 000 active vessels in Canada by 2030.

1. Impacts associated with distress alerting and communication measures

The proposed amendments would expand the carriage requirements for emergency beacons and very high frequency-digital selective calling radios, as well as mandate a two-way means of communicating to the shore. The quantified net present value of the provisions is $197.6 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 $214.5 million, which is the value of the expected reduction in serious injuries or lives lost at sea. These requirements would also result in savings for search and rescue services, since the use of beacons and improved communications between vessels and search and rescue services would allow them to conduct their operations more efficiently.

The present value total cost of the proposed distress alerting and communications measures would be $16.9 million. The majority of the costs are due to expanding emergency beacon carriage requirements, which total $13.8 million. Government costs associated with administering registered beacons would be $1.5 million, while the total cost to Government of compliance with the proposed amendments would be $0.3 million. 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)
  2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Total
Benefits
Avoided injury and loss of life 26.7 25.0 23.4 21.8 20.4 19.1 17.8 16.7 15.6 14.5 13.6 214.5
Costs
Expanded beacon carriage requirements 4.8 1.1 1.0 1.0 0.9 0.9 0.9 0.8 0.8 0.8 0.7 13.8
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 0.1
Two-way communications 0.5 0.0 0.0 0.0 0.4 0.0 0.0 0.0 0.3 0.0 0.0 1.2
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 1.8
Total costs 6.1 1.2 1.1 1.1 1.4 1.0 1.0 1.0 1.2 0.9 0.9 16.9
Net benefit 20.6 23.8 22.2 20.7 19.0 18.1 16.8 15.7 14.3 13.7 12.7 197.6

Note: Values are presented in 2017 constant dollars for a period between 2019 and 2030 and reported as the 2018 present value using a 7% discount rate. Figures may not add up to totals due to rounding.

1.1 Proposal for expanding distress alerting equipment requirements

An emergency position indicating radiobeacon 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 radiobeacons are secured to the vessel in a manner that allows them to be released and activated automatically in the event that the vessels sink. 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 Register, footnote 9 emergency position indicating radiobeacons provide first responders with additional information that can provide valuable input into the rescue operation.

1.1.1 Affected vessels

As of December 2018, there were 8 796 vessels carrying at least one active emergency beacon in the Canadian Beacon Registry. footnote 10 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 11 several do so voluntarily. Larger vessels may carry multiple beacons.

In 2020, the year that the proposed carriage requirements will come into force, approximately 19 123 vessels would be required to carry an emergency beacon in the policy scenario. In the baseline scenario, 9 210 vessels are expected to carry at least one emergency beacon, in 2020. So the incremental number of vessels required to carry emergency beacons would be 9 913. 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 $214.5 million. This is the monetized value of the loss of life at sea or serious injuries that would be prevented due to the expended carriage requirements. These provisions would 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 2017, a total of 8 159 marine occurrences were reported to the Transportation Safety Board. Occurrence data showed that 587 of these incidents resulted in 162 fatalities and 512 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 assumed that between 2019 and 2030, an average of 3 fatalities and 1 serious injury per year would 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 — $9.13 million for fatalities and $1.24 million for serious injuries (13.42% of the value of statistical life). footnote 12 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 proposed amendments would expand the number of vessels required to carry an emergency position indicating radiobeacon or a portable very high frequency-digital selective calling radio by around 10 000 vessels in 2020. The present value total cost for the expanded beacon carriage requirements is around $15.6 million. Of that total, $0.3 million would be assumed 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 radiobeacons 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 radiobeacons. The remaining 25% would purchase portable very high frequency-digital selective calling radios.

The 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 would be replaced in both the baseline and policy scenarios.

Vessel operators would be required to register their units with the Canadian Beacon Register. There is no charge to register a beacon, but the application does require on average 20 minutes to submit. It is assumed the average hourly wage of an employee registering an emergency beacon is $25.59. footnote 13 The present value total incremental registration cost is around $224,000.

1.1.4 Government costs of expanding beacon carriage requirements

As stated above, around 150 vessels affected by the proposed amendments are owned and operated by federal, provincial, or municipal governments. These vessels would be required to carry an emergency beacon in the policy scenario, but are not expected to carry a beacon in the baseline scenario. As stated above, the total cost to Government of compliance with the proposed amendments is $0.3 million. This total is included in the cost for government compliance and administration in Table 2.

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

There would be no additional administrative costs to Transport Canada since compliance submissions would be submitted to other agencies. The Canadian Beacon Register 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 would more than double the number of active vessels carrying beacons. Two full-time equivalent positions, each costing around $100,000 per year, would be required to process the increase in submissions. The total present value cost to Government would be $1.5 million between 2019 and 2030.

1.2 Proposal for 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 $0.12 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 location of the vessel.

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

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 proposed requirements would require affected vessels to replace their older, non-digital selective calling radios with new digital selective calling capable versions. These requirements would apply to vessels on inland water voyages. Around 3 032 vessels operating in the Great Lakes Region would be required to upgrade their radio. This replacement would 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 Proposal for means of two-way radiocommunication

The present value total cost for this requirement would be around $1.2 million.

As a practical matter of self-preservation, most vessels on voyages beyond 25 nautical miles from shore would 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 communication with a Canadian Coast Guard Marine Communications and Traffic Services Centre or another organization or person on shore that is providing communication.

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

Requiring additional vessels to carry a two-way means of communication with the shore would enable vessel operators to send a distress signal in the case of a non-urgent occurrence (such as a mechanical failure) where an emergency position indicating radiobeacon would 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 would allow for a multitude of compliance options. Vessel operators could comply by carrying a satellite telephone. Satellite telephones are available from a variety of retailers for around $1,600 and can include some calling-time credit. It is expected that the telephones would have to be upgraded or replaced every four years, as technology advances.

2. Impacts associated with situational awareness measures

The proposed Regulations would expand the carriage requirements for AISs, BNWASs and electronic chart display and identification systems. The quantified net present value of the proposed expanded carriage requirements would result in a net cost of $48.6 million. Table 3 shows the annual present value quantified benefits and costs for situational awareness measures between 2020 and 2030.

Table 3. Summary of annual quantified benefits and costs for situational awareness measures (in millions of dollars)
  2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Total
Benefits
Avoided damage — AIS 1.4 1.3 1.2 1.1 1.0 1.0 0.9 0.9 0.8 0.7 0.7 11.0
Avoided damage — BNWAS 0.0 0.0 0.0 0.0 0.0 1.4 0.0 0.0 0.0 0.0 0.0 1.4
Total benefits 1.4 1.3 1.2 1.1 1.0 2.4 0.9 0.9 0.8 0.7 0.7 12.4
Costs
AIS 26.3 3.1 3.2 3.1 2.9 2.8 2.7 2.6 2.5 2.3 2.2 55.7
BNWAS 0.0 0.0 2.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.1
Government compliance and administration 2.4 0.3 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 3.2
Total costs 28.7 3.4 5.4 3.1 3.0 2.9 2.7 2.6 2.5 2.4 2.3 61.0
Net benefit −27.4 −2.1 −4.2 −2.0 −1.9 −0.4 −1.8 −1.8 −1.7 −1.6 −1.6 −48.6

Note: Values are presented in 2017 constant dollars for a period between 2019 and 2030 and reported as the 2018 present value using a 7% discount rate. Figures may not add up to totals due to rounding.

The quantitative benefit for these requirements would 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 proposed Regulations would be $12.4 million.

The present value total cost of the proposed situational awareness measures is $61.0 million. Most of the costs would be from the expansion of AIS carriage requirements ($55.7 million). The expansion of the BNWAS would result in a $2.1 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 Proposal for expanding automatic identification system 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 AISs would improve situational awareness, reduce the risk of collision and allow for more efficient search and rescue efforts.

2.1.1 Vessels affected by the expanded automatic identification system carriage requirements

The existing Navigation Safety Regulations require an AIS on board every Canadian commercial vessel of 500 gross tonnage or more, regardless of the type of voyage. footnote 14 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 700 vessels are expected to carry an AIS in 2020. Many of these vessels are required to carry an AIS by Canadian or international regulations, but some may choose to install an AIS voluntarily.

This regulatory proposal would create a new category of vessels that would 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 2 283 vessels would be required to carry an AIS on board by the compliance date, in 2020, an incremental total of 1 583 vessels. Around 109 of these vessels would be owned by federal, provincial, or municipal governments.

2.1.2 Benefits of expanding automatic identification system carriage requirements

The present value total benefit of the AIS carriage expansion is $10.99 million.

The expansion of AIS carriage requirements would 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 would be a reduction of vessel collisions, therefore avoiding repair costs resulting from this type of incident.

Between 2008 and 2017, there were a total of 258 collisions reported to the Transportation Safety Board, an average of 29 per year.

An in-depth review of each incident determined that 10 of these occurrences could have been avoided if both vessels had AISs on board. In the policy scenario, it is assumed that one collision per year would be avoided between 2020 and 2030.

The benefit of avoided collisions is monetized using collision costs reported by a 2008 report published by the Finnish Maritime Administration. footnote 15 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). The present value annual benefit of avoided collisions between 2020 and 2030 is shown in Table 3.

In addition to reducing the cost from collisions, the new proposed Regulations would 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 258 collisions that occurred between 2008 and 2017, 24 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 would 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 would be deployed with greater precision, and a response could be coordinated with nearby vessels. This would 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. This data would be valuable for both government and academic research.

2.1.4 Cost to vessel operators of expanding automatic identification system carriage requirements

The proposed Regulations would expand the number of vessels required to carry an AIS. The present value total cost for private vessel operators of the AIS carriage expansion requirements is $55.7 million between 2020 and 2030. Federal, provincial or municipal governments would carry a total present value cost of around $3.1 million between 2020 and 2030 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: the set-up cost (including engineering, installation, capital and initial training costs) and the 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 $3,000. Smaller, simpler vessels could mount the AIS beside or on top of existing equipment with minimal installation costs. Larger vessels would need to integrate the AIS into their navigation system and would be more complicated to install. The set-up cost for larger vessels (including engineering and analysis, purchase, installation and initial training) is estimated at $23,670 per unit. For smaller vessels, the set-up cost is estimated at around $4,205 per unit. Average AIS set-up costs are shown in Table 4.

Table 4. Average AIS set-up costs per vessel
  Assumed Cost (2017, $)
Acquisition of AIS (transceiver, cables and antenna) $3,000
Engineering analysis and drawing updates $6,889 large vessels $0 small vessels
Installation and set-to-work $9,760 large vessels $344 small vessels
Initial training $4,019 large vessels $861 small vessels
Total $23,670 large vessels $4,205 small vessels

Note: 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 2017 using the Consumer Price Index.

Large vessels would assume an additional $2,296 per year for maintenance and training. Smaller vessels would assume an additional $1,148 per year for maintenance and training. Vessel operators would 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 that the average hourly wage of an employee completing the forms to acquire a maritime mobile service identity is $25.59. footnote 16 The present value total incremental cost for acquiring a maritime mobile service identity is around $22,300.

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

2.2 Bridge navigational watch and 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 17 The proposed Regulations would 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 182 active vessels that are expected to be BNWAS compliant already, following the assumptions mentioned above.

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 would be required to install a BNWAS by the compliance date of 2022 is approximately 315 vessels. Since this increase will occur once only, there will be no incremental growth each year.

Vessels built after 2011 are expected to be compliant and have a BNWAS on board. The total number of vessels expected to carry BNWASs by 2022 is approximately 497 vessels.

2.2.2 Benefits of expanding bridge navigational watch and 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 2017 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. footnote 18 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 2017 Canadian dollars, the resulting cost of a grounding is $2.17 million. footnote 19 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 $1.45 million (Can$2017, discounted to 2019 at 7% discount rate).

2.2.3 Costs of expanding bridge navigational watch and alarm system carriage requirements

The present value of the total cost for the requirement to carry a BNWAS in a policy scenario is $2.1 million for the 2020–2030 period. The cost per vessel is a one-time cost that would involve the installation cost and the cost of purchasing the BNWAS unit. BNWAS units can be purchased for around $1,900. footnote 20 It is expected that installation of a BNWAS would 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 21 times a project multiplier. The installation costs were estimated to be around $6,350. Total cost per vessel would be approximately $8,210 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 would be required to install an ECDIS as a result of the proposed 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 would 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 Proposal for 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 proposed Navigation Safety Regulations, 2019 would 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 would require subsequent updates and amendments to Canadian regulations. By incorporating equipment carriage requirements by reference, Canadian regulations would 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 proposed Navigation Safety Regulations, 2019 still refer to voyage classifications from the previous Canada Shipping Act. Reclassifying voyages would clarify and simplify the regulations and align them with international classification conventions. This reclassification would have limited impacts on vessel owners.

Consolidated costs and benefits estimates

Table 5. Consolidated cost-benefit statement (millions of dollars)
  Dollar Year
2017		 Base Year:
2018		 Discount Rate
7%		 Final Year:
2030		 Total (Present Value):
149.06		 Annualized Average:
19.88
A. Quantified impacts
2020 Average Annual for Intervening Years 2030 Total (Present Value) Annualized Average
Benefits Avoided loss of life or serious injury 26.74 19.36 13.59 214.54 28.61
Avoided collisions or grounding 1.37 1.15 0.70 12.43 1.66
Total benefit 28.11 20.51 14.29 226.98 30.27
Costs for private vessel operators Distress alerting measures — Vessel operators 6.11 1.11 0.86 15.13 2.02
Situational awareness measures — Vessel operators 26.53 3.20 2.48 57.78 7.70
Costs for Government Distress alerting measures — Vessel operators 0.26 0.16 0.11 1.78 0.24
Situational awareness measures — Vessel operators 2.41 0.09 0.05 3.23 0.43
Total cost 35.32 4.55 3.50 77.92 10.39
Net benefits 149.06 19.88
B. Quantified impacts in non-$
Positive impacts Avoided loss of life 3 3 3 33
Avoided serious injuries 1 1 1 11
Avoided collisions or grounding 1 1 1 11
  • Reduced risk of loss of life or serious injury at sea by enhancing the ability of search and rescue to coordinate a response when vessels are in distress.
  • Reduced demand for search and rescue resources by enabling faster and more precise responses to vessels in distress.

Distributional analysis

Distributional impacts of distress alerting and communication measures

In terms of total costs, the Pacific and Atlantic regions would be most affected by the proposed emergency position indicating radiobeacon requirements. Together, they would assume approximately 71% of the total cost. Table 6 shows the distribution of vessels that would be impacted by the proposed emergency position indicating radiobeacon requirements by region, as well as the present value total costs for the 2020–2030 period.

Between 2020 and 2030, a total of 14 866 vessels would be required to carry an emergency beacon. Of the total vessels affected, 26% operate in the Pacific region and 44% operate in the Atlantic region. The regions of Ontario and Northern Canada would experience higher costs per vessels compared to the rest of the regions, while the Prairies region would have average costs per vessel that are considerably below the Canada average.

Table 6. Emergency beacons: Total vessels affected, present value total cost and cost per vessel, by region, between 2020 and 2030
Regions Total Number of Vessels 2020–2030 Present Value Total Cost 2020–2030 (in millions of dollars) Cost per Vessel ($)
Pacific 3,453 3.7 1,070
Prairies 15 0.0 996
Ontario 1,898 2.0 1,073
Quebec 1,984 2.1 1,070
Atlantic 5,720 6.1 1,070
Northern Canada 70 0.1 1,074
Total 13,140 14.1 1,070

Distributional impacts of situational awareness measures

Vessels operating in the Pacific, Atlantic and Ontario regions would be most affected by expanded AIS carriage requirements. Approximately, 38% of vessels that would be impacted by the expanded AIS carriage requirements operate in the Pacific Region, 22% would operate in Ontario, and 20% would operate in the Atlantic region. In terms of costs, these three regions would bear around 80% of the total cost together. A total of 1 993 Canadian flagged vessels would be required to install an AIS in the 2020–2030 period, with a national average cost of $28,523 per vessel. Table 7 shows the impact of AIS requirements by region, including total number of vessels and total cost for the 2020–2030 period, and the average cost per vessel by region.

Table 7. AIS — Total vessels affected, present value total cost and cost per vessel, by region, between 2020 and 2030
Regions Total Number of Vessels 2020–2030 Present Value Total Cost 2020–2030 Cost per Vessel
Pacific 805 22.3 28,109
Prairies 69 2.1 30,278
Ontario 469 13.0 28,212
Quebec 301 8.2 27,527
Atlantic 411 12.2 30,156
Northern Canada 43 1.2 27,557
Total 2,099 58.9 28,523

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 was 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 would result in three fewer fatalities and one fewer serious injuries 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 state definitively that a tragic outcome could have been avoided with the addition of specific safety equipment. All else being equal, the proposed Regulations would still be a net benefit if the expanded emergency beacon requirements resulted in just one avoided fatality per year. In this scenario, the present value benefit of distress alerting and communication measures would be $68.5 million, which would result in a total present value net benefit of $3.0 million for the proposed Regulations.

Expected damage costs

For the situational awareness measures, benefits are quantified in terms of avoidable damage costs from occurrences that would be prevented with the proposed requirement expansion. In the central analysis, it is assumed that the expansion of AIS requirements would reduce the number of collisions. Based on a review of occurrence data, it is assumed that the proposed AIS carriage expansion would result in 10 avoided collisions in the next 10 years. It is difficult to state exactly how much damage can result from a collision; 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 present value total benefits of $11.0 million for the 2020–2030 period. The central analysis represents collision costs for commercial shipping vessels. For the sensitivity analysis, lower ($900,000) and higher ($2.35 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 8. Collision damage costs 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 6.1 11.0 15.9
Net present value -52.8 -47.9 -43.0

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 proposed 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 9.

Table 9. Sensitivity analysis: Total benefits and costs with different discount rates (millions of dollars)
  Undiscounted 3% 7%
Benefits
Distress alerting and communication measures 314.7 264.7 214.5
Situational awareness measures 18.3 15.4 12.4
Costs
Distress alerting and communication measures 23.3 20.1 16.9
Situational awareness measures 79.8 70.5 61.0
Net present value 229.9 189.5 149.1

Analytic time frame

The time frame of the central analysis is 2020 to 2030. There are 11 years under consideration. Since the majority of costs are carried within the first years of the new proposed Regulations coming into force, and since the benefits remain greater than the costs for all subsequent years, extending the time frame to 2040 increases the net benefit overall.

Table 10. Total present value benefits and costs between 2019 and 2040 (millions of dollars)
Benefits 2019–2040
Distress alerting and communication measures 285.9
Situational awareness measures 18.1
Costs
Distress alerting and communication measures 24.1
Situational awareness measures 81.0
Net present value 198.8

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 radiobeacon and AIS carriage requirements expansion. The value of the benefits would not be affected by different growth rates. It is assumed that the number of marine incidents and fatalities or injuries are not correlated to the number of active vessels (except at the extremes).

Table 11. Total affected vessels 2020–2030 and total costs for emergency position indicating radiobeacons and AISs
  Low Central High
EPIRB expansion affected vessels 11,602 13,140 14,759
AIS expansion affected vessels 1,853 2,099 2,357
Emergency beacon total cost $13.0M $14.1M $15.2M
AIS total cost $54.1M $58.9M $63.8M
Small business lens

The overwhelming majority of companies affected by the proposed Regulations would 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 $191,000. footnote 22

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 $756,500. footnote 23

Since the overwhelming majority of affected vessels are operated by small businesses, flexibility granted to small businesses for implementation dates or reduced compliance standards would result in a significant reduction or complete elimination of any expected benefit from the proposed 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 proposed 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 proposed amendments would have no impact on administrative costs. Therefore, Element A of the “One-for-One” Rule would not apply to the proposed Regulations. Under Element B, the proposed Regulations would represent an “OUT,” as nine titles would be repealed and replaced with one new regulation (for a total “OUT” of eight titles).

Regulatory cooperation and alignment

This regulatory proposal would repeal nine existing regulations related to navigation safety and radiocommunications, consolidate them into one regulation, and transfer some requirements from the Steering Appliances and Equipment Regulations to the new Regulations. The proposed Regulations would align these requirements with international standards under Chapter IV and Chapter V of SOLAS, which has been adopted by 174 Member States and 3 Associate Members.

This proposal would 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 AIS carriage requirements would 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 this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The coming into force date of this regulatory proposal would be the day upon which these Regulations are registered, with the exception of the expansion of the AIS carriage requirements, which would come into force one year following the coming into force of these Regulations.

Compliance and enforcement

Compliance and enforcement of these proposed requirements would be addressed nationally through periodical inspections and/or risk-based inspections. The oversight would 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 greater or are carrying more than 12 passengers are inspected annually. Under the current radio inspection regime, vessels that are 20 m or greater, towboats and vessels that carry more than 12 passengers are inspected periodically. Most of the affected vessels under this regulatory proposal would fall under these inspection regimes. The remaining vessels would be inspected on a risk-based approach.

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

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsections 35(1) footnote a, 35.1(1), 120(1), 136(1) footnote b, 207(1) footnote c and 274(2) of the Canada Shipping Act, 2001 footnote d, subsection 149(1) footnote e of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act footnote f, subsection 153(1) footnote g of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act footnote h and subsection 14(1) footnote i of the Canada Oil and Gas Operations Act footnote j proposes to make the annexed Navigation Safety Regulations, 2019.

Interested persons may make representations concerning the proposed Navigation Safety Regulations, 2019 within 90 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Alexandre Lavoie, Senior Marine Safety Inspector, Navigation Safety and Environmental Programs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613‑952‑4425; fax: 613‑993‑8196; email: alexandre.lavoie@tc.gc.ca).

Ottawa, May 30, 2019

Julie Adair
Assistant Clerk of the Privy Council

Navigation Safety Regulations, 2019

Definitions and Interpretation

Definitions

1 The following definitions apply in these Regulations.

Interpretation — classes of voyages

2 (1) A reference to a class of voyage is a reference to that class as defined in section 1 of the Vessel Certificates Regulations.

Composite unit

(2) For the purpose of these Regulations, a rigidly connected composite unit of a pushing vessel and pushed vessel, when designed as a dedicated and integrated tug-and-barge combination, is considered as a single vessel that is not a towboat, the size of which is the aggregate of the two vessels composing the unit.

Incorporated documents — amended from time to time

(3) Except in the case of the resolution referred to in column 2 of subitem 18(a) of Schedule 1, any reference in the Regulations to a document is a reference to the document as amended from time to time.

Incorporated documents — meaning of “should”

(4) 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”

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

Exclusion of certain phrases from incorporated documents

(6) A reference in these Regulations to an incorporated document is to be interpreted as excluding the expressions “at the discretion of the Administration”, “in the opinion of the Administration”, “other means”, “satisfactory to the Administration”, “to the satisfaction of the Administration”, and “unless the Administration decides otherwise”, including any necessary adaptations to these expressions found in the document.

Interpretation — date of construction of a vessel

(7) For the purpose of these Regulations, a vessel is constructed on the earliest of

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 vessel in section 2 of the Act.

[4 to 99 reserved]

PART 1

Navigation Safety

Application

100 This Part applies in respect of the following vessels:

Compliance

101 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of this Part are met in respect of the vessel.

DIVISION 1

General Requirements

General requirement

102 (1) Unless under force majeure or to save life or property, no master of a vessel may make any voyage if the vessel is not fitted with the equipment required by this Part.

Effective operating condition

(2) A master of a vessel and its authorized representative must take all reasonable steps to ensure that the equipment required by this Part is installed, tested and maintained in a manner that ensures it is in effective operating condition.

Restoring to effective operating condition

(3) If any equipment required by this Part 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 a port to restore to effective operating condition

(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 available, taking into account the fact that the equipment is not in effective operating condition.

Maintenance record

103 (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 retain on board a maintenance record for the equipment required by 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 and spare parts

(2) Every vessel fitted with equipment in accordance with this Part must carry on board the manufacturer’s operating and maintenance manuals for that equipment, and the spare parts that the manufacturer or the manuals recommend.

Exception — spare parts

(3) Despite subsection (2), when a vessel is engaged on a voyage in sheltered waters, it may carry parts, including fuses and lamps, that can be used as spare parts for installation by non-technical personnel, instead of the spare parts that the manufacturer or the operating and maintenance manuals recommend.

Standards

104 (1) Every 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 must be type approved by a competent authority as conforming to the following standards:

Exception — equivalent standard

(2) The equipment may be type approved by a competent authority as conforming to a standard that provides a level of safety that is equivalent to or higher than that of a standard for that equipment required under paragraph (1)(c).

Proof of type approval

(3) The type approval referred to in subsection (1) must be proved by either of the following issued by the competent authority:

English or French translation

(4) If the label or document referred to in subsection (3) 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

(5) Subsections (1) to (4) apply in respect of equipment that is fitted on a vessel, other than a fishing vessel, even if the equipment is not required to be fitted on the vessel by this Part, if

Grandfathering

(6) 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 conforming to the following standards:

Section 112 of the Act — shore station

105 (1) The authority on shore that must be notified of a direct danger to navigation in accordance with section 112 of the Act is the shore station for the area in which the vessel is navigating.

Required information

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

DIVISION 2

Equipment Required for Vessels Subject to Chapter V of SOLAS

Application

106 (1) The following vessels are subject to this Division:

Application — exceptions

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

Compliance

107 (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 purpose of this section, the words “type approved by the Administration” used in Regulation 18 of Chapter IV of SOLAS must be read as “type approved by a competent authority” when the requirements apply in respect of 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 the requirement of 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 in respect of ferries travelling on voyages of less than five nautical miles.

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

Navigation Equipment Required for Other Vessels

Non-application

108 This Division does not apply in respect of

Standard magnetic compass

109 (1) Every vessel, except a vessel of 8 m or less in length that is navigated within sight of navigation marks and except a cable ferry, 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 that is less than 150 gross tonnage may be fitted, instead of with a standard magnetic compass, with

Exception — vessels between 150 and 500 gross tonnage

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

Means of correction

(4) With the exception of pleasure crafts of less than 150 gross tonnage, all vessels fitted with a magnetic compass must be fitted with a means of correcting heading and bearings to true at all times.

Means of communication

(5) Every vessel on which a standard magnetic compass is fitted 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

110 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 information

111 Every vessel with an emergency steering position must be fitted with a telephone that can be used to communicate heading information to that position.

Vessels of 150 gross tonnage or more

112 (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 receiver for a global navigation satellite system that is not referred to in column 1 of item 8 of Schedule 1 if

Vessels of 300 gross tonnage or more

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

Vessels of 500 gross tonnage or more

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

Vessels of 3 000 gross tonnage or more

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

Vessels of 10 000 gross tonnage or more

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

Vessels of 50 000 gross tonnage or more

117 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 on or after January 1, 2012

118 (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 January 1, 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

Paragraph (3)(c) — oil and gas

(4) For the purposes of paragraph (3)(c), the words oil and gas have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.

Voyage data recorder — performance tests

119 (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 undertaken by the manufacturer or a person authorized by the manufacturer in accordance with the Annex to IMO standard MSC.1/Circ.1222, Guidelines on Annual Testing of Voyage Data Recorders (VDR) and Simplified Voyage Data Recorders (S-VDR).

Subsection 10(2) of the Vessel Certificates Regulations

(2) In the case of a vessel required by section 118 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

120 The following Canadian vessels, except cable ferries and pleasure crafts, that are constructed on or after the date of coming into force of this section must be fitted with an ECDIS:

AIS Class A

121 (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 required under these Regulations to be fitted with an AIS Class A must be equipped 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 capable of transmitting heading information or with a gyro-compass, they must be connected for transmitting heading information to the AIS.

Maintain in operation

(5) Every vessel fitted with an AIS as required under these Regulations must maintain it in operation for the entire duration of a voyage and for at least 30 minutes prior to departure.

Exceptions — maintain in operation

(6) Subsection (5) does not apply

Pilot transfer

122 Every vessel that is engaged on a voyage in the course of which the services of a licenced pilot is likely to be required must be provided with pilot transfer equipment and arrangements in accordance with Section B of the annual edition of the Notices to Mariners, entitled Pilotage Services in Canadian Waters.

Voice communication system

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

Requirements for usage

(2) The system must be capable of being used between a location on board listed below and any other location on board listed below, in normal ambient noise condition for each location:

Independent energy supply

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

Searchlights

124 (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 by 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 by subsection (1) or (2) must be provided with an exclusive electrical circuit connected to the main or emergency switchboard.

Spare parts

(5) For each searchlight required by subsection (1) or (2), a vessel must carry two spare lamps and any spare electrical equipment that might be required under normal service conditions unless, in the case of the two searchlights required by subsection (1), both searchlights are identical, in which case the vessel may carry two spare lamps and any spare electrical equipment for one searchlight only.

Signalling flags

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

Hand lead lines

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

Requirements

(2) The hand lead line must

Information on manoeuvring — vessels constructed before March 1, 2001

127 (1) Except for Safety Convention vessels, every vessel of 1 600 gross tonnage or more that was constructed before March 1, 2001 must comply with the Annex to IMO Resolution A.209(VII), Recommendation on Information to Be Included in the Manoeuvring Booklets.

Information on manoeuvring — vessels constructed on or after March 1, 2001 or Safety Convention vessels

(2) A vessel must comply with the Annex to IMO Resolution A.601(15), Provision and Display of Manoeuvring Information on Board Ships if

Exception

(3) If it is not practicable to complete the manoeuvring information that is required to comply with the resolution referred to in subsection (2) before the vessel enters into service, the information must be

Canadian towboats — radar

128 (1) A Canadian vessel that is a towboat must

Exception

(2) A towboat that is a Canadian vessel 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

Technical Requirements

Non-application

129 This Division does not apply in respect of vessels subject to the requirements of Division 2.

Guidelines and standards relating to the bridge

130 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 engaged on a voyage other than a sheltered waters voyage, all decisions which 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

131 The electrical and electronic equipment installed on a vessel that is 150 gross tonnage or more and engaged on an international voyage, or 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:

Alternative modes of operation

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

Integrated bridge system

133 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

134 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

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

Inspector

(2) For the purposes of subsection (1), an inspector is a person described under section 11 of the Act, or any person, classification society or other organization authorized by the Minister to carry out inspections under section 12 of the Act.

Use of heading or track control system

136 (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 change-over to manual steering.

Qualified helmsperson

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

Qualified person

(3) Every change-over 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

137 Where a vessel is equipped 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

138 (1) A vessel on which a remote steering gear control system or a steering gear power unit is fitted 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 in charge of the deck watch on a vessel who is responsible for the operation or the 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

139 (1) Subject to subsection (2), within 12 hours before the departure of a vessel, the steering gear of the vessel must be checked and tested and such checks and tests must include verifying

Regular voyages

(2) For a vessel that regularly plies 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 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, the dates on which the checks and tests referred to in subsections (1) and (2) are carried out and the dates and details of emergency steering drills carried out pursuant to subsection (3).

Working language

140 (1) The authorized representative or the master must determine, and record 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, the appropriate working language for the purposes of navigational safety matters, taking into consideration that each crew member must be 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

141 (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 writing in accordance with section 4 of the annex referred to in subsection (2) and kept for a period of not less than five years.

Visibility requirements — Canadian vessels constructed on or after July 1, 2002

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

Visibility requirements — Canadian vessels constructed before July 1, 2002

(2) Every Canadian vessel of 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 paragraphs.

Plan for cooperation with search and rescue services

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

Requirements of plan for cooperation

(2) The plan for cooperation must

DIVISION 6

Charts and Publications

Definitions

144 The following definitions apply to this Division.

Charts, documents and publications on board

145 (1) A master of a vessel and its owner must have on board the most recent version of the following charts, documents and publications, in respect of each area in which the vessel is to be navigated:

Availability — documents and publications in paragraphs (1)(e) and (f)

(2) The owner and the master of a vessel must make readily available, to the person in charge of the navigation of the vessel, the table required by paragraph (1)(e) and the publication required by paragraph (1)(f), as the case may be.

Exception — less than 100 gross tonnage

(3) The owner and the master of a vessel of less than 100 gross tonnage do not have to carry on board the charts, documents and publications referred to in subsection (1) if the person in charge of navigation has sufficient knowledge of the following about where the vessel is to be navigated such that safety and efficiency of navigation in that area will not be compromised:

Exception — inability to obtain charts, documents and publications

(4) Subsection (1) does not apply if the owner and the master of a vessel are unable, after reasonable efforts, to obtain at any place at which the vessel calls, the charts, documents or publications required by this Division and the safety and efficiency of navigation in that area will not be compromised.

Conformity to requirements when circumstances permit

(5) Where the owner and the master are under the impossibility referred to in subsection (4) they must comply with subsection (1) as soon as the circumstances permit.

Exception — foreign state publications

(6) The publications referred to in paragraphs (1)(c) and (d) may be replaced by similar publications issued officially by or on the authority of an authorized 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

146 (1) A chart referred to in paragraph 145(1)(a) may be in electronic form if it is displayed on an ECDIS that

ENC

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

Planning a voyage

147 (1) The master of a vessel must, before embarking on a voyage, plan the intended voyage

Identifying a route

(2) When making the plan, the master must identify a route that

Voyage display and position monitoring

(3) The master of every vessel that is required by section 145 to have a chart on board, must display the vessel’s route for the intended voyage and plot and monitor positions on the chart throughout the voyage.

Navigation accessories

148 Any vessel that is required by section 145 to carry charts and nautical publications must be fitted with

Up-to-date charts, documents and publications

149 (1) The master of a vessel must ensure that the charts, documents and publications required by 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.

[150 to 199 reserved]

PART 2

Marine Radiocommunications

Interpretation

200 The following definitions apply in this Part.

DIVISION 1

Radio Equipment — General Requirements

Application

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

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 the sea area in which it normally operates if

Vessels subject to Chapter IV of SOLAS

203 (1) A vessel to which Chapter IV of SOLAS applies must be equipped with radio equipment in accordance with Part C of that Chapter.

Regulation 14 of Chapter IV of SOLAS — type approval

(2) For the purpose 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 the requirements apply in respect of a Canadian vessel.

Regulation 15.6 of Chapter IV of SOLAS — interpretation

(3) For the purposes of this section, Regulation 15.6 of Chapter IV of SOLAS is to be interpreted as excluding the words “such methods as” and “, as may be approved by the Administration”.

Regulation 15.7 of Chapter IV of SOLAS — interpretation

(4) For the purposes of this section, the words “such as” used in Regulation 15.7 of Chapter IV of SOLAS is to be read as “from among” and that Regulation is to be interpreted as excluding the words “, as may be approved by the Administration”.

Responsibility of authorized representative

204 The authorized representative of a vessel must ensure that the vessel is equipped with radio equipment in accordance with this Part before the vessel embarks on a voyage and is kept so equipped during the voyage.

VHF radio installation

205 (1) A vessel on a voyage, any part of which is in sea area A1, or on a voyage more than five nautical miles from shore on the sea coasts of Canada, must be equipped with a VHF radio installation capable of DSC if the vessel is

Exception

(2) Subsection (1) does not apply to a vessel that carries 6 passengers or less and is not more than 8 m in length if it carries a portable VHF handheld radio capable of DSC.

Great Lakes — supplementary VHF radio for certain vessels

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

Supplementary VHF radio for other vessels

(2) Any other vessel engaged on a voyage in the Great Lakes Basin must be equipped with a VHF radio installation or a portable VHF handheld radio in addition to the radio equipment required by section 205 if it is

Technical Regulations of the Great Lakes Agreement

(3) All VHF radio installations and portable VHF handheld radios required under this section must conform to the requirements of 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

207 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

Navigation outside internal waters and sea area A1

208 (1) A vessel to which Chapter IV of SOLAS does not apply and that is engaged on a voyage outside internal waters and sea area A1 must be equipped with radio equipment in accordance with Part C of Chapter IV of SOLAS if it

Gulf of St. Lawrence

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

Exception — VHF radio installation

(3) Despite subsection (1), a vessel may be equipped with a VHF radio installation capable of DSC specified in column 1 of item 2 of Schedule 3 instead of the VHF radio installation required by Part C of Chapter IV of SOLAS.

Regulation 14 of Chapter IV of SOLAS — type approval

(4) For the purpose 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”.

Regulation 15.6 of Chapter IV of SOLAS — interpretation

(5) For the purposes of this section, Regulation 15.6 of Chapter IV of SOLAS is to be interpreted as excluding the words “such methods as” and “as may be approved by the administration”.

Regulation 15.7 of Chapter IV of SOLAS — interpretation

(6) For the purposes of this section, the words “such as” used in Regulation 15.7 of Chapter IV of SOLAS is to be read as “from among” and that Regulation is to be interpreted as excluding the words “as may be approved by the administration”.

Regulation 15.7 of Chapter IV of SOLAS – exception

(7) Despite subsection (1), Regulation 15.7 of Chapter IV of SOLAS does not apply to a vessel that is engaged on a voyage in sea area A3 or sea area A4, if it meets the requirements of Regulation 15.6 of Chapter IV that applies to a vessel that is engaged on a voyage in sea area A1 or sea area A2.

SART

209 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

210 (1) A vessel must be equipped with a float-free EPIRB if

Float-free EPIRB — location

(2) A float-free EPIRB required by this section 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 that is engaged on a near coastal voyage, Class 2 and that is 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, located in a manner and place that makes it readily accessible for immediate use in the event of abandonment of the vessel.

Broadcast service of maritime safety information

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

Maritime safety information

(2) A vessel to which subsection (1) does not apply 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

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

Documents and publications

213 Every vessel must have on board in a readily accessible location the following:

Antenna plan

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

Main operating position requirements

215 The main operating position of a radio installation must have

Spare antenna

216 A vessel of 20 m or more in length that is equipped with only one VHF radio installation 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

217 A vessel must be equipped with 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 sources of energy

218 (1) A vessel that is 20 m or more in length, a vessel that carries more than 6 passengers or a towboat must have

Exception

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

DIVISION 2

Radio Equipment — Technical Requirements

Application — Canadian vessel

219 (1) This Division, other than section 230, applies in respect of radio equipment, including all documentation for the equipment that a Canadian vessel must have on board to meet the requirements of Division 1, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations.

Application — foreign vessel

(2) Sections 220, 221 and 225 and the requirement under subsection 242(2) 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 to meet the requirements of Division 1, the Life Saving Equipment Regulations or the Large Fishing Vessel Inspection Regulations.

Application — section 230

(3) Section 230 applies to all EPIRBs and PLBs on board a Canadian vessel and a Canadian pleasure craft.

Compliance with this Division

220 The authorized representative of a vessel that is equipped with radio equipment to which this Division applies must ensure that the requirements of this Division are met.

General requirements for a radio installation

221 A radio installation must be

VHF radio accessibility

222 A VHF radiotelephone or 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 the vessel

223 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 global navigation satellite system receiver for transmission by the radio equipment.

Radio equipment standards

224 (1) The radio equipment referred to in column 1 of Schedule 3 must be type approved by a competent authority as conforming to 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 of a standard for that equipment required under paragraph (1)(c).

Proof of type approval

(3) The type approval referred to in subsection (1) must be proved by either of the following issued by the competent authority:

Language of proof

(4) If the label or document referred to in subsection (3) is written in a language other than English or French, it must be accompanied by an English or French translation.

Portable VHF handheld radio with DSC

225 (1) A portable VHF handheld radio capable of DSC must

Rechargeable battery

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

Supplementary VHF radio

226 (1) If a vessel is equipped with a supplementary VHF radio installation to meet the requirements of section 206, it must be functionally independent from the VHF radio installation required under section 205.

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 the installations must have a source of energy that is both separate from the main source and located in the upper part of the vessel.

VHF radio antenna

227 The antenna of a VHF radio installation must be

Battery-powered VHF radio

228 (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 was begun before June 1, 1978 or that is less than 20 m in length, they must be located as high in the hull as is practicable.

MF/HF radio installations

229 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

230 (1) The authorized representative must register an EPIRB or PLB with the Canadian Beacon Registry maintained by the Department of National Defence.

Updating the Canadian Beacon Registry

(2) The authorized representative must provide an update to the information contained in the Canadian Beacon Registry within 30 days of a change in the information.

Technical Requirements — EPIRB and PLB

231 (1) Every EPIRB and PLB must be type approved by COSPAS-SARSAT, attesting to its conformity with the technical requirements of standard C/S T.007 entitled COSPAS-SARSAT 406 MHz Distress Beacon Type Approval Standard published by COSPAS-SARSAT.

On-board type approval document

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

Replacing the automatic release mechanism — EPIRB

232 (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 or PLB

(2) The battery of an EPIRB or PLB must be replaced in the following cases in accordance with the manufacturer’s instructions:

Replacing the battery — SART

233 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.

Survival craft VHF radiotelephone — battery

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

Search and rescue VHF radio direction-finding equipment

235 Search and rescue VHF radio direction-finding equipment must

Reserve source of energy

236 (1) If a vessel is required to have a reserve source of energy under section 218, it 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 aggregate 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 simultaneously supplying energy

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 consisting of rechargeable batteries

237 (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

(3) If a radio installation requires an uninterrupted input of data from the vessel’s global navigation satellite system receiver in order to function properly, the means to ensure the continuous input of the data must be provided in the event of a failure of the vessel’s main or emergency source of electrical energy.

Assessments and tests before a voyage

238 A radio operator must, before embarking on a voyage, ensure that the radio equipment is in proper operating condition.

Assessment of radio installation at sea

239 (1) A radio operator must, while a vessel is at sea, assess

Test call

(2) When, for longer than a week, a vessel has been out of the communication range of a radio installation or a coast station that is capable of DSC, 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 shall be restored to its proper operating condition without delay.

Verifying condition of 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

240 (1) Where 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

241 (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 the radio operator on installation and at least once every six months thereafter, 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.

Inspection — non-safety convention vessel

242 (1) The master of a vessel described below, other than a Safety Convention vessel, must ensure that the radio installation is inspected by a radio inspector within the 30 days before the vessel embarks on a voyage for the first time:

Inspection — Safety Convention vessel

(2) The master of a Safety Convention vessel must have on board a ship safety certificate issued in accordance with Regulation 12 or 13 of Part B, Chapter I, SOLAS.

Subsequent inspections

(3) The master of a vessel to which subsection (1) applies must ensure that the radio installation is inspected by a radio inspector,

Exception — Great Lakes Agreement

(4) 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 does not need to comply with subsection (3) if the vessel engages exclusively on voyages in the Great Lakes Basin.

Inspections — Great Lakes Agreement

(5) 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 have on board a ship station inspection certificate issued in accordance with the Agreement.

Radio inspection certificate

(6) Where the radio installation inspection required by this section demonstrates that the radio installation, including its documentation, conforms to the requirements of this section, the radio inspector must issue a radio inspection certificate and must cite any decision of the Marine Technical Review Board granting any replacement of or exemption from a requirement of these Regulations under subsection 28(4) of the Act.

Radio inspection certificate validity

(7) A radio inspection certificate is valid for a period of

DIVISION 3

Radiotelephone Procedures

Application — Canadian vessels

243 (1) Sections 244 to 250 apply in respect of radio equipment, including all documentation for the equipment, that a Canadian vessel must have on board to meet the requirements of Division 1.

Application — foreign vessels

(2) Sections 245 to 247, paragraph 248(1)(b) and subsection 248(2) also apply in respect of radio equipment, including all documentation for the equipment, that a foreign vessel in Canadian waters must have on board to meet the requirements of Division 1.

Application — sections 251 to 256

(3) Sections 251 to 256 apply to any vessel that is not a Canadian vessel in Canadian waters and to any Canadian vessel that is required by Division 1 to be fitted with a VHF radio installation.

Master and the person in charge of the deck watch responsible

244 The master 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

245 Any communications of distress, urgency or safety must be in accordance with Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Cancellation of distress signals and alerts

246 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

247 Except in a case of distress, no radio installation may radiate more power than the power required to ensure clear communication.

Time

248 (1) A person 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

249 (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 in a place accessible to a radio inspector for a period of not less than twelve months after the date of the last entry and, in the case of a record in paper format, must be kept in its original form.

Continuous Watch

250 (1) A vessel that is equipped 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 equipped with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Delayed radio transmission

251 Where, at any time, a radio transmission required to be made by this Regulation 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

252 (1) The master or a person authorized by him to maintain a continuous listening watch or to make a navigation safety call required by this Division must be a radio operator.

Obligation to inform person in charge of deck watch

(2) Where any 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

253 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 manoeuvres that contravene those provisions.

Continuous listening watch

254 (1) Subject to subsection (3), on every vessel that is required under section 205 to have a VHF radio installation, a listening watch must be maintained continuously during the period commencing 15 minutes before the vessel is underway and terminating when the vessel is

VHF channel

(2) A VHF radio installation, referred to in subsection (1), on a vessel described in Column 1 of Schedule 4 must be set to the 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) Where a vessel is not fitted with an additional VHF radio installation, the continuous listening watch required by 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

255 (1) Subject to subsection (3), every vessel that is required under section 205 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 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 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

(4) 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 where that power may not exceed 25 W:

Restricted in its ability to manoeuvre

(5) For the purposes of subsections (1) and (2), the words restricted in its ability to manoeuvre mean that the vessel, from the nature of its work, is restricted in its ability to manoeuvre as required by the Collision Regulations and is therefore unable to keep out of the way of another vessel.

Dredges and floating plants

256 (1) Subject to subsection (3), every dredge or floating plant that is required under section 205 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 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.

[257 to 299 reserved]

PART 3

Limitations and Prohibitions

Interpretation

300 The following definitions apply in this Part.

Compliance

301 Except as otherwise provided, the authorized representative of a vessel must ensure that the requirements of this Part are met in respect of the vessel.

DIVISION 1

Anchorage

Prohibited waters

302 No vessel may anchor within the waters described in Schedule 5.

Instructions and directions

303 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

304 No vessel may move in the Burlington Canal at a speed greater than,

Passing prohibited

305 (1) No vessel may, while moving within 0.5 nautical miles of the Burlington Canal towards the canal, pass another vessel going in the same direction.

Exception

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

Request to lift the bridge

306 Where the person who has the conduct of a vessel requires the lift bridge over the Burlington Canal to be opened, 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.

Restriction against entering the canal

307 (1) Subject to subsection (2), no vessel 15 m or more in length may 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 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 a vessel less than 15 m

308 No vessel less than 15 m in length may enter the Burlington Canal while the lift bridge is not opened 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 opened or a flashing blue light is shown in its direction.

Prohibition — under sail

309 No vessel may operate under sail in the Burlington Canal.

DIVISION 3

St. Clair River and Detroit River

Application

310 (1) This Division, other than section 315, applies to

Exception — section 312

(2) Section 312 does not apply to a vessel referred to in subsection (1) unless it is required by Part 2 to be fitted with a VHF radio installation or VHF radio telephone.

Exception — sections 313 and 314

(3) Sections 313 and 314 do not apply to a vessel referred to in subsection (1) that is

Application — section 315

(4) Section 315 applies to a vessel referred to in subsection (1) that is

Conflict

311 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

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

Detroit River restrictions

313 (1) No vessel in the Detroit River may

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

314 A vessel must not overtake another vessel

Area of one-way traffic

315 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 and

Embark, disembark or exchange a Pilot

316 No vessel may 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

317 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 it.

Anchorage rules

318 In the St. Clair and Detroit Rivers, no vessel may anchor in such a manner that it may swing into the channel or across steering courses.

Floating plant activities

319 A floating plant must not be operated, anchored or moored for the purposes of engaging in dredging, construction or wrecking unless 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

320 Except when required for the safety of the vessel or any other vessel, no vessel of 20 m or more in length may proceed at a speed greater than

Towboat

321 (1) A towboat must not drop or anchor its tows in such a manner that they may swing into a channel or across steering courses.

Prohibition against obstructing navigation

(2) A towboat engaged in arranging its tow must not obstruct the navigation of other vessels.

Temporary instructions and prohibitions

322 (1) Despite anything in this Division, a vessel must comply with instructions, of a temporary nature, to proceed in a certain manner or by a certain route, or 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, where, 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 Assistant Commissioner, in the case of Canadian waters, or the District Commander or the Captain of the Port, in the case of the waters of the United States, the instructions are published in Notices to Mariners or a Navigational Warning.

Validity of temporary instructions and prohibitions

(2) A temporary instruction issued by the Assistant Commissioner under subsection (1) comes into force on its promulgation in Notices to Mariners or a Navigational Warning and remains in force until its modification or rescission is promulgated in a subsequent Navigational Warning or Notice to Mariners or until the time specified in the original promulgation.

[323 to 399 reserved]

PART 4

Transitional Provision, Consequential Amendments, Repeals and Coming into Force

Transitional Provision

400 Subsection 121(1) does not apply until the first anniversary of the day of the coming into force of this section, except in the case of the following vessels in respect of which the subsection applies beginning on that day:

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 Regulations footnote 24 is replaced by the following:

(3) Every SART carried on a fishing vessel shall conform to the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019.

(4) Every SART carried on a fishing vessel shall be inspected and tested in accordance with requirements of subsection 241(2) of the Navigation Safety Regulations, 2019.

(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 conform to the requirements of sections 224 and 234 of the Navigation Safety Regulations, 2019.

(3) Every survival craft VHF radiotelephone apparatus carried on a fishing vessel shall be tested in accordance with subsection 241(3) of the Navigation Safety Regulations, 2019.

Life Saving Equipment Regulations

403 Sections 124 to 126 of the Life Saving Equipment Regulationsfootnote 25 are replaced by the following:

124 (1) Every survival craft VHF radiotelephone carried on a ship shall meet the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019.

(2) Every survival craft VHF radiotelephone carried on a ship shall be tested in accordance with the requirements of subsection 241(3) of the Navigation Safety Regulations, 2019.

125 (1) Every SART carried on a ship shall meet the requirements of sections 224 and 233 of the Navigation Safety Regulations, 2019.

(2) Every SART carried on a ship shall be inspected and tested in accordance with the requirements of subsection 241(2) of the Navigation Safety Regulations, 2019.

126 (1) A Class II EPIRB carried on a ship shall meet the requirements of sections 224 and 230 to 232 of the Navigation Safety Regulations, 2019.

(2) A Class II EPIRB carried on a ship shall be inspected and tested in accordance with the requirements of subsection 241(1) of the Navigation Safety Regulations, 2019.

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

Fishing Vessel Safety Regulations

405 (1) Subitem 3(b) of the table to subsection 3.28(1) of the Fishing Vessel Safety Regulation footnote 26 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 by the Navigation Safety Regulations, 2019; and
(2) Paragraph (i) of subitem 4(b) of the table to subsection 3.28(1) of the Regulations is replaced by the following:
Item

Column 3

Other Life-saving Appliances
4
  • (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Navigation Safety Regulations, 2019, and
(3) Paragraph (i) of subitem 5(b) of the table to subsection 3.28(1) of the Regulations is replaced by the following:
Item

Column 3

Other Life-saving Appliances
5
  • (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Navigation Safety Regulations, 2019, and

406 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, 2019 shall be capable of being illuminated.

Choice of Compass

(2) A fishing vessel that has a hull length of not more than 8 m and that navigates within sight of seamarks shall either be fitted with a compass that meets the requirements of the Navigation Safety Regulations, 2019 and that can be illuminated, or carry on board a handheld compass.

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

Steering Appliances and Equipment Regulations

408 Sections 6 to 16 and subsection 17(2) of the Steering Appliances and Equipment Regulations footnote 27 are repealed.

409 Subsection 17(1) of the Steering Appliances and Equipment Regulations is replaced by the following:

17 (1) 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

410 Subparagraph 6(2)(e)(v) of the Competency of Operators of Pleasure Craft Regulations footnote 28 is replaced by the following:

Marine Personnel Regulations

411 Paragraph 1(2)(b) of the Marine Personnel Regulations footnote 29 is replaced by the following:

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

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

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

254 The master of a vessel that is securely anchored in port or securely moored to shore shall ensure, in accordance with section 254 of the Navigation Safety Regulations, 2019, that a continuous listening watch is maintained if, in the master’s opinion, the vessel is in a location where it may constitute a hazard to passing vessels.

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

(3) The authorized representative of a vessel to which section 208 of the Navigation Safety Regulations, 2019 applies, when 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
416 Subitem 3(c) of the table to section 207 of the Small Vessel Regulationsfootnote 30 is replaced by the following:
Item

Column 2

Navigation Equipment
3
  • (c) a magnetic compass that meets the requirements of the Navigation Safety Regulations, 2019
417 (1) Subitem 1(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, 2019
(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, 2019
(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, 2019
418 (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, 2019
(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, 2019
(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, 2019
Long-Range Identification and Tracking of Vessels Regulations

419 Subsection 4(2) of the Long-Range Identification and Tracking of Vessels Regulationsfootnote 31 is replaced by the following:

(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 121 of the Navigation Safety Regulations, 2019 and is operated in accordance with that section.

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

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

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

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 incidents maintained in accordance with section 141 of the Navigation Safety Regulations, 2019, setting out the date and time the master was informed.

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Newfoundland Offshore Petroleum Installations Regulations

423 Subsections 36(4) and (5) of the Newfoundland Offshore Petroleum Installations Regulations footnote 32 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, 2019, as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2019, 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

424 Subsections 36(4) and (5) of the Nova Scotia Offshore Petroleum Installations Regulations footnote 33 is replaced by the following:

(4) The operator of a manned installation shall ensure that the radio communication systems comply with the Navigation Safety Regulations, 2019, as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2019, as if the installation were a ship to which those Regulations apply.

Canada Oil and Gas Operations Act

Canada Oil and Gas Installations Regulations

425 Subsections 36(4) and (5) of the Canada Oil and Gas Installations Regulations footnote 34 is 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, 2019, as if the installation were a ship to which those Regulations apply.

(5) Each installation shall comply with the Navigation Safety Regulations, 2019, as if the installation were a ship to which those Regulations apply.

Repeals

Canada Shipping Act, 2001

426 The following Regulations are repealed:

Coming Into Force

Registration Date

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

Exception

(2) Subsection 121(3) comes into force on the first anniversary of the day on which these Regulations are registered.

SCHEDULE 1

(subsections 2(3) and 104(1), paragraphs 104(5)(a) and 112(1)(a) and subsection 112(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), paragraph 3 of Annex 1 and 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
 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 July 1, 2008 or after
 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) 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 Receivers for a Global Navigation Satellite System
  • (a) Shipborne Global Positioning System (GPS) Receiver Equipment
 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
 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
 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
 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 Resolution A.224(VII),
Annex, Recommendation on Performance Standards for Echo-Sounding Equipment		 ISO 9875: Ships and Marine Technology — Marine
Echo-sounding Equipment		 N.A.
10 Speed-and-distance Measuring Devices Resolution A.824(19),
Annex, Recommendation on 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, Recommendation on Performance Standards for Daylight Signalling Lamps N.A. N.A.
13 Sound-reception Systems IMO Resolution MSC.86(70), Annex 1, Adoption of New and Amended Performance Standards for Navigational Equipment N.A. N.A.
14 Automatic Identification System (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 Perormance Requirements, Methods of Test and Required Test Results
15 Automatic Identification System (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, 2009
 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
  • (b) ECDIS installed on or after January 1, 2009
 Resolution MSC.232(82), 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)   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 but before July 1, 2014
 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: Voyage Data Recorder (VDR)- 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
 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
  • (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 Sata Recorder (S-VDR)- Performance Requirements, Methods of Testing and Required Test Results

SCHEDULE 2

(subsection 104(6) and paragraph 108(b))

TANDARDS RESPECTING EQUIPMENT BEFORE JULY 1, 2002
Item

Column 1

Equipment

Column 2

IMO Standards
1 Magnetic
Compasses		 Resolution A.382(X), paragraph 3 of Annex 1 and Annex II, Magnetic Compasses Carriage and Performance Standards
2 Gyro-compasses Resolution A.424(XI), Annex, Performance Standards for Gyro-compasses
3 Radars

Resolution A.278(VIII), Annex, Supplement to the Recommendation on Performance Standards for Navigational Radar Equipment (Resolution A.222(VII))

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

Resolution A.820(19), Annex, Performance Standards for Navigational Radar Equipment for High-speed Craft
4 Automatic Radar Plotting Aids (ARPAs) Resolution A.823(19). Annex, Performance Standards for Automatic Radar Plotting Aids
5 Shipborne Global Positioning System (GPS) Receiver Equipment Resolution A.819(19), Annex, Performance Standards for Shipborne Global Positioning System (GPS) Receiver Equipment
6 Echo-sounding Equipment Resolution A.224(VII), Annex, Performance Standards for
Echo-Sounding Equipment
7 Speed-and-distance Measuring Devices Resolution A.824(19), Annex, Performance Standards for Devices to Indicate Speed and Distance
8 Rate-of-turn Indicators Resolution A.526(13), Annex, Performance Standards for
Rate-of-turn Indicators

SCHEDULE 3

(Subsections 208(3) and 224(1))

Performance Standards and Testing Standards
Item

Column 1

Equipment

Column 2

IMO Standards

Column 3

International Electrotechnical Commission Standards

Column 4

European Telecommunications Standards Institute (ETSI) Standards
1 VHF Radio Installation - Capable of DSC — installed on board a vessel to which Part IV of SOLAS applies 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 VHF Radio Installation Capable of DSC — installed on board a vessel to which vessels to which Part IV of SOLAS does not apply N.A. IEC 62238: Maritime Navigation and Radiocommunication Equipment and Systems — VHF Radiotelephone Equipment Incorporating Class "D" Digital Selective Calling (DSC) — Methods of Testing and Required Test Results EN 301 025: VHF Radiotelephone Equipment for General Communications and Associated Equipment for Class "D" Digital Selective Calling (DSC); Harmonised Standard Covering the Essential Requirements of Articles 3.2 and 3.3(g) of the Directive 2014/53/EU)
3 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
4 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
5 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.
6 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.
7 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
8 EPIRB

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
9 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.
10 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.
11 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 254(2), 255(1) and 256(1))

VHF RADIOTELEPHONE CHANNELS FOR LISTENING WATCHES AND NAVIGATION SAFETY CALLS
Item

Column 1

Description of Vessel

Column 2

Channel for Listening Watch

Column 3

Channel for Navigation Safety Calls
1 A Canadian vessel that is in waters beyond 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 within 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 waters within the Great Lakes Basin, other than a vessel referred to in item 4, that is
(a) outside a traffic zone and that    
(i) required pursuant to Part 2 to be fitted with at least one bridge-to-bridge VHF radiotelephone installation, or Channel 16 Channel 16
(ii) is required pursuant to Part 2 to be fitted with at least two bridge-to-bridge VHF radiotelephone installations; or Channel 13 and Channel 16 Channel 13
(b) inside a traffic zone and that    
(i) is required pursuant to Part 2 to be fitted with at least one bridge-to-bridge VHF radiotelephone installation, or Appropriate VHF Channel Appropriate VHF Channel
(ii) is required pursuant to Part 2 to be fitted with at least two bridge-to-bridge VHF radiotelephone installations Channel 13 and Appropriate
VHF Channel		 Channel 13
4 A vessel that is 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
(a) is required pursuant to Part 2 to be fitted with at least one bridge-to-bridge radiotelephone installation; or Appropriate VHF Channel Appropriate VHF Channel
(b) is required pursuant to Part 2 to be fitted with at least two bridge-to-bridge radiotelephone installations Appropriate VHF Channel and Channel 16 Appropriate VHF Channel

SCHEDULE 5

(Sections 302 and 303)

Prohibited Waters

1 Conception Bay — Province of 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 — Province of 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 the Provinces of New Brunswick and Prince Edward Island

Beginning at a point on the high water mark at Cape Bruin, N.B., 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 — Province of Ontario

5 Parry Bay — Province of 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.