ARCHIVED — Vol. 150, No. 6 — February 6, 2016

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Regulations Amending the Small Fishing Vessel Inspection Regulations

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Despite the combined efforts of Government and industry, the number of accidents on fishing vessels remains unacceptably high. The lack of adequate safety equipment, vessel stability, and clear vessel operational procedures on board fishing vessels pose a significant threat to safety, rendering commercial fishing one of the most dangerous occupations in Canada. Numerous Transportation Safety Board recommendations are still open, even though Transport Canada has officially responded to them as per the appropriate statutory requirements. Finally, the regulations governing fishing vessels are more than 40 years old and have not kept pace with industry best practices and technological developments.

Description: Transport Canada is proposing amendments to the regulations governing fishing vessels in a phased approach to introduce a comprehensive safety regime based on risk, regardless of size or tonnage. Phase 1 would update the current safety equipment and vessel stability requirements as well as introduce safe operating procedures requirements for small fishing vessels.

Cost-benefit statement: Transport Canada conducted an in-depth analysis of the benefits and costs to assess the impacts of Phase 1 of the proposed amendments on the fishing vessel industry and the Government. A discount rate of 7% and constant 2012 Canadian dollars are used throughout the analysis, which was undertaken for the period of 2015 to 2024. The present value of the total costs to the marine industry is estimated to be $14.9 million over the 10-year period of the analysis. These costs stem primarily from the requirement to carry safety equipment on board the vessels. The present value of the benefits to fishing vessel owners and operators (i.e. mitigation measures for vessel stability and safety equipment) is estimated to be $273.1 million over the 10-year period of the analysis and the present value of the benefits to the federal government (i.e. reduced costs for the Government of Canada’s Search and Rescue System) is estimated to be $955,000 over the 10-year period of the analysis.

“One-for-One” Rule and small business lens: The “One-for-One” Rule applies to Phase 1 of the proposed amendments and will be considered an OUT. A discount rate of 7% and constant 2012 Canadian dollars are used in this particular analysis, which was undertaken for the period of 2015 to 2024. The present value of the total administrative savings is estimated to be $167,646 (2012 constant Canadian dollars) over a 10-year period, which corresponds to an annualized value of $23,869 (2012 constant Canadian dollars). The small business lens applies to this regulatory proposal and the annualized average cost to the overall industry over a 10-year period is $2,098,271. It is important to note that this industry comprises mainly small owner-operators, with only a few large corporations.

Background

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

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

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

Issues

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

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

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

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

Objectives

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

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

Description

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

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

The new proposed requirements in Phase 1 of the proposed amendments pertain to three main topics: safe operating procedures, safety equipment, and vessel stability.

Safe operating procedures

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

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

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

Safety equipment

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

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

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

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

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

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

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

Stability requirements

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

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

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

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

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

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

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

Regulatory and non-regulatory options considered

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

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

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

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

Stability testing costs
(present value over 10 years)

Initial Proposal

Revised Proposal

No assessment
(exemption of populations of vessels)

$498,567

$23,131

Simplified assessment

$12,281,118

$599,760

Full assessments

$4,013,434

$545,113

Costs of failed stability tests

$4,801,557

Total stability costs

$21,594,676

$1,168,003

Total number of vessels

15 695

825

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

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

Benefits and costs

Transport Canada conducted an analysis of the benefits and costs to assess the impacts of Phase 1 of the proposed amendments on the fishing vessel industry and the federal government. A discount rate of 7% and constant 2012 Canadian dollars are used throughout the analysis, which was undertaken for the period of 2015 to 2024. The full cost-benefit analysis is available upon request.

Costs

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

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

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

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

Benefits

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

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

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

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

Cost-benefit statement

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

Cost-Benefit Statement

Base Year (2015)

2016

2017

2018

Final Year (2024)

Total Present Value

Annualized Costs

Benefits

Fishers

$0

$44,845,316

$44,845,316

$44,845,316

$44,845,316

$273,063,223

$38,878,060

Government

$0

$156,944

$156,944

$156,944

$156,944

$955,631

$136,060

Total

$0

$45,002,260

$45,002,260

$45,002,260

$45,002,260

$274,018,854

$39,014,120

Costs

Fishers

$0

$15,919,335

$191,822

$191,822

$191,822

$14,905,022

$2,122,140

Total

$0

$15,919,335

$191,822

$191,822

$191,822

$14,905,022

$2,122,140

Net benefits 

$259,113,832

$36,891,980

“One-for-One” Rule

The “One-for-One” Rule applies to this proposal and would be considered an “OUT,” as defined by the Controlling Administrative Burden That Regulations Impose on Business: Treasury Board of Canada Secretariat Guidance for the “One-for-One” Rule.

In accordance with the “One-for-One” Rule, a discount rate of 7% and constant 2012 Canadian dollars were used in this analysis, which was undertaken for the period of 2015 to 2024. Phase 1 of the proposed Regulations would eliminate the requirement for Transport Canada to approve the stability documentation of a vessel, but would maintain the current requirement that the booklet is assessed by an independent naval architect or engineer and kept on board the vessel (while still maintaining oversight by Transport Canada using monitoring and compliance and enforcement techniques). Currently, the duplication of both Transport Canada and engineer assessing the stability documentation increases the time fishing vessel owners take to comply with the regulatory requirement to have a professionally produced stability booklet. This proposal would allow the owner of the vessel to be more in control of the time it takes to comply with the regulatory requirement to have a professionally produced stability booklet and would reduce the administrative burden associated with such applications. In actual numbers, 141 stability booklets per year would no longer require approval. The estimated time for each stability booklet submission would depend whether it would require revisions. A normal stability booklet submission is estimated to take four hours to complete, with an hourly rate of $29.80. It is estimated that 50% of the stability booklets submissions would require additional revisions, and that these revisions would take six hours. It is estimated that four hours would be needed to obtain a provisional certificate for the vessels that would need to continue to operate while waiting for the additional revisions to their stability booklets. Over a 10-year period, the present value of the administrative savings due to this requirement is estimated to be $230,263.

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

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

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

Small business lens

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

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

 

Initial option

Flexible option

Short description

Initially, Transport Canada had proposed that all small fishing vessels enhance their safety equipment (based on vessel hull length and type of voyage) and that all fishing vessels more than 9 m in hull length have a vessel stability assessment.

The flexible option consists in the proposed option as per the “Description” section of this RIAS.

Number of vessels impacted

19 241 for the safety requirements (15 256 for the stability requirements)

19 241 for the safety requirements (825 for the stability requirements)

 

Annualized average ($)

Present value ($)

Annualized average ($)

Present value ($)

Compliance costs

$5,030,439

$35,331,695

$2,122,140

$14,905,022

Administrative savings

$93,378

$655,851

$23,869

$167,646

Total costs (all small businesses)

$4,937,061

$34,675,844

$2,098,271

$14,737,376

Total cost per small vessel

$256.59

$1,802.19

$109.05

$747.02

Risk considerations

   

Note: Costs have been estimated using the Standard Cost Model. Detailed calculations are available upon request.

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

Consultation

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

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

From April 21 to 23, 2015, TC consulted stakeholders at the 2015 Spring CMAC on the proposed amendments and on the guidelines for major modification. It was agreed that TC and industry would continue their extensive communication via email to address outstanding concerns on the wording of certain provisions of Division 3 of Phase 1 of the proposed amendments. TC is pleased to announce that formal industry support was obtained on May 6, 2015. Both TC and industry agreed to continue to work on the development of the proposed guidelines through the inter-sessional correspondence group. TC will continue to consult industry on the non-regulatory measures that would support Phase 1 of the proposed amendments as well as on Phase 2 and Phase 3 of the proposed amendments.

Rationale

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

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

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

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

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

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

Implementation, enforcement and service standards

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

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

It is important to note that the proposed Fishing Vessel Safety Regulations would not contain any inspection and plan approval requirements. (see footnote 9) These requirements would be moved to the proposed Vessel Certificate and Inspection Regulations. To ensure that the repealed sections of the Small Fishing Vessel Inspection Regulations are still respected (until the proposed Vessel Certificate and Inspection Regulations come into force), Transport Canada would include these requirements, without changes, in inspection and plan approval policies under the authority of the Canada Shipping Act, 2001. Sections of the Small Fishing Vessel Inspection Regulations that are not addressed by Phase 1 would remain in force until Phase 2 is complete.

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

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

Contact

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

Small Business Lens Checklist

1. Name of the sponsoring regulatory organization:

Transport Canada

2. Title of the regulatory proposal:

Regulations Amending the Small Fishing Vessel Inspection Regulations

3. Is the checklist submitted with a RIAS for the Canada Gazette, Part I or Part II?

Canada Gazette, Part I ☐ Canada Gazette, Part II

A. Small business regulatory design

I

Communication and transparency

Yes

No

N/A

1.

Are the proposed Regulations or requirements easily understandable in everyday language?

Transport Canada has written the proposed Regulations in plain language whenever possible to ensure fishing vessel owners would easily understand the content.

2.

Is there a clear connection between the requirements and the purpose (or intent) of the proposed Regulations?

It is clear that enhancing safety equipment and vessel stability requirements, in addition to having mandatory safe operating procedures, would reduce the number of incidents, accidents, and fatalities on board fishing vessels.

3.

Will there be an implementation plan that includes communications and compliance promotion activities, that informs small business of a regulatory change and guides them on how to comply with it (e.g. information sessions, sample assessments, toolkits, Web sites)?

Transport Canada has developed an implementation plan. Several Ship Safety Bulletins and guidelines will be published to facilitate the implementation in the fishing industry.

4.

If new forms, reports or processes are introduced, are they consistent in appearance and format with other relevant government forms, reports or processes?

No new forms will be required.

II

Simplification and streamlining

Yes

No

N/A

1.

Will streamlined processes be put in place (e.g. through BizPaL, Canada Border Services Agency single window) to collect information from small businesses where possible?

No information will be collected.

2.

Have opportunities to align with other obligations imposed on business by federal, provincial, municipal or international or multinational regulatory bodies been assessed?

No opportunity to align was assessed, as this is an amendment to an existing regulation, not a new one.

3.

Has the impact of the proposed Regulations on international or interprovincial trade been assessed?

This regulatory proposal will not affect interprovincial or international trade.

4.

If the data or information, other than personal information, required to comply with the proposed Regulations is already collected by another department or jurisdiction, will this information be obtained from that department or jurisdiction instead of requesting the same information from small businesses or other stakeholders? (The collection, retention, use, disclosure and disposal of personal information are all subject to the requirements of the Privacy Act. Any questions with respect to compliance with the Privacy Act should be referred to the department’s or agency’s ATIP office or legal services unit.)

No information needs to be collected from another department.

5.

Will forms be pre-populated with information or data already available to the department to reduce the time and cost necessary to complete them? (Example: When a business completes an online application for a licence, upon entering an identifier or a name, the system pre-populates the application with the applicant’s personal particulars such as contact information, date, etc. when that information is already available to the department.)

No new forms will be required.

6.

Will electronic reporting and data collection be used, including electronic validation and confirmation of receipt of reports where appropriate?

Transport Canada will not use electronic reporting and data collection — this is a safety regulation, thus this is not applicable.

7.

Will reporting, if required by the proposed Regulations, be aligned with generally used business processes or international standards if possible?

Reporting is not required for the purposes of these Regulations.

8.

If additional forms are required, can they be streamlined with existing forms that must be completed for other government information requirements?

No additional forms are required.

III

Implementation, compliance and service standards

Yes

No

N/A

1.

Has consideration been given to small businesses in remote areas, with special consideration to those that do not have access to high-speed (broadband) Internet?

Consideration has been given to small businesses in remote areas.

2.

If regulatory authorizations (e.g. licences, permits or certifications) are introduced, will service standards addressing timeliness of decision making be developed that are inclusive of complaints about poor service?

Transport Canada will develop these timelines of decision making shortly, as there is a regulatory authorization in this regulatory project.

3.

Is there a clearly identified contact point or help desk for small businesses and other stakeholders?

Transport Canada has identified contact points on its Web site.

B. Regulatory flexibility analysis and reverse onus

IV

Regulatory flexibility analysis

Yes

No

N/A

1.

Does the RIAS identify at least one flexible option that has lower compliance or administrative costs for small businesses in the small business lens section?

Examples of flexible options to minimize costs are as follows:

  • Longer time periods to comply with the requirements, longer transition periods or temporary exemptions;
  • Performance-based standards;
  • Partial or complete exemptions from compliance, especially for firms that have good track records (legal advice should be sought when considering such an option);
  • Reduced compliance costs;
  • Reduced fees or other charges or penalties;
  • Use of market incentives;
  • A range of options to comply with requirements, including lower-cost options;
  • Simplified and less frequent reporting obligations and inspections; and
  • Licences granted on a permanent basis or renewed less frequently.

Yes, there is one flexible option in the RIAS. Its related costs are significantly lower than those in the first proposed option, and it has reduced the burden on small operators.

2.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, quantified and monetized compliance and administrative costs for small businesses associated with the initial option assessed, as well as the flexible, lower-cost option?

The RIAS includes both monetized compliance and administrative costs for small businesses for the initial and flexible options.

IV

Regulatory flexibility analysis

Yes

No

N/A

3.

Does the RIAS include, as part of the Regulatory Flexibility Analysis Statement, a consideration of the risks associated with the flexible option? (Minimizing administrative or compliance costs for small business cannot be at the expense of greater health, security or safety or create environmental risks for Canadians.)

Transport Canada has chosen a flexible option that has the least cost but that still has a higher level of safety that is currently in place.

4.

Does the RIAS include a summary of feedback provided by small business during consultations?

Transport Canada has explained in detail the concerns of the small businesses relating to this regulatory project, and the mitigating measures Transport Canada took to address these concerns.

V

Reverse onus

Yes

No

N/A

1.

If the recommended option is not the lower-cost option for small business in terms of administrative or compliance costs, is a reasonable justification provided in the RIAS?

The recommended option is the lower-cost option.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to paragraph 35(1)(d) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote a), proposes to make the annexed Regulations Amending the Small Fishing Vessel Inspection Regulations.

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Ian Campbell, Manager, Small and Fishing Vessels, Design and Equipment and the Office of Boating Safety, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario, K1A 0N5 (tel.: 613-998-0652; fax: 613-991-4818; email: ian.w.campbell@tc.gc.ca).

Ottawa, January 28, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending the Small Fishing Vessel Inspection Regulations

Amendments

1 The long title of the Small Fishing Vessel Inspection Regulations (see footnote 10) is replaced by the following:

FISHING VESSEL SAFETY REGULATIONS

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

Interpretation

Definitions

2 The following definitions apply in these Regulations.

amidships means

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

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

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

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

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

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

new, in respect of a fishing vessel, means, in Parts I and II, that construction of the vessel started on or after January 6, 1965. This definition applies also to any foreign fishing vessel brought under Canadian registry, whether or not its construction started before, on or after that date. (neuf)

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

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

Application

Canadian vessels

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

PART 0.1

Interpretation

Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

product certification body means a body that is accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement, to give third-party written assurance that a product meets the specified requirements for the product, including initial certification of the product and maintenance of that certification. (organisme de certification de produits)

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

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

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

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

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

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

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

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

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

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

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

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

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

Documents incorporated by reference

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

Inconsistencies

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

Date of construction

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

IS Code

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

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

Responsibility

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

DIVISION 1

General Requirements

Safe Operation

Design, construction and equipment

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

Safe operation and seaworthiness

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

Maintenance of machinery and equipment

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

Maintenance records

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

Prohibition — Operational Limits
Prohibition — freezing spray

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

Accumulated ice

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

General Prohibitions
Before first putting into service

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

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

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

Exceeding design limitations

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

Careless operation

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

Safety of persons on board jeopardized

3.09 No person shall operate, or permit another person to operate, a fishing vessel in environmental conditions or circumstances that could jeopardize the safety of persons on board unless a lifejacket required by this Part, or a personal flotation device that meets the requirements of section 3.21, is worn

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

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

Stowage of tools and spare parts

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

Record of modifications affecting stability

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

Fuel
Cooking by open fire or with gasoline

3.13 No person shall heat or cook by means of an open fire or with gasoline on a fishing vessel.

Engine space blower

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

Leakage of fuel

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

Discharge of fuel or oil

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

Fuelling

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

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

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

Portable container

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

Storage of portable fuel tank

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

Filling of fixed fuel tank

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

Portable fuel-burning equipment or appliance

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

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

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

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

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

Record of drills

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

Records
Record- keeping — maintenance and drills

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

Record of modifications affecting stability

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

Transfer of ownership

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

DIVISION 2

Safety Equipment

Requirements
Prohibition

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

Replacement of safety equipment

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

Quantity in excess — previously acquired equipment

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

Quantity in excess — recently acquired equipment

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

Other equipment

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

Standards and Approval
Mark or label indicating approval by Minister

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

Applicable standards and test

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

Mark or label — Small Vessel Regulations

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

Alternative mark or label

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

Personal flotation device

(3) An approved personal flotation device

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

3.22 (1) If the Minister determines that there are circumstances in which equipment other than the safety equipment required by these Regulations provides a level of safety at least equivalent to that provided by the required safety equipment, the other equipment may be substituted for the required safety equipment in those circumstances.

Factors

(2) To determine the level of safety provided by the substitute equipment in the circumstances, the Minister shall assess the following factors:

  • (a) the nature of the activity;
  • (b) the environmental conditions;
  • (c) the nature of the risks to which persons on board are exposed;
  • (d) the specific characteristics of the equipment;
  • (e) the recommended practices and standards to which the equipment conforms;
  • (f) the manner in which the equipment will be used; and
  • (g) the ability of the equipment to protect a person from injury.
Mark or label

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

Accessibility and Maintenance
Requirements for safety equipment

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

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

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

Extinguishers

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

Marks and Labels
English and French

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

First Aid Kit
Contents

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

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

Life-Saving Appliances

Personal Life-Saving Appliances
Lifejacket

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

Replacement of a lifejacket — near coastal voyage, Class 2

(2) Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, may carry on board a personal flotation device that meets the requirements of section 3.21 if

  • (a) the personal flotation device
    • (i) provides at least 100 N of buoyancy and has a turning capability, or
    • (ii) is designed to provide thermal protection; and
  • (b) in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board or, in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.
Replacement of a lifejacket — near coastal voyage, Class 2, etc.

(3) Instead of the lifejacket referred to in subsection (1), a fishing vessel that has a hull length of not more than 12 m and that is engaged on a near coastal voyage, Class 2, restricted to 2 nautical miles, or a sheltered waters voyage, may carry on board a personal flotation device that meets the requirements of section 3.21 if

  • (a) in the case of a fishing vessel that has no deck or deck structure and that is underway, the personal flotation device is worn by everyone on board; or
  • (b) in the case of a fishing vessel that has a deck or deck structure and that is underway, it is worn by the persons on deck or in the cockpit.
Additional personal life-saving appliances
  • 3.27 (1) A fishing vessel shall carry on board the following additional personal life-saving appliances:
  • (a) a reboarding device;
  • (b) an apparatus that can be used to retrieve a person who has fallen overboard without the assistance of the person overboard, unless the vessel carries a recovery boat or the operator of the vessel is the only person on board; and
  • (c) in the case of a fishing vessel that has a hull length set out in column 1 of the table to this paragraph, the additional personal life-saving appliances set out in column 2.

Table

Item Column 1

Hull Length
Column 2

Additional Personal Life-Saving Appliances

1

Not more than 6 m

a buoyant heaving line of not less than 15 m in length

2

More than 6 m but not more than 9 m

  • (a) a buoyant heaving line of not less than 15 m in length; or
  • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

3

More than 9 m but not more than 12 m

  • (a) a buoyant heaving line of not less than 15 m in length; and
  • (b) a lifebuoy attached to a buoyant line of not less than 15 m in length

4

More than 12 m but not more than 15 m

  • (a) a buoyant heaving line of not less than 30 m in length; and
  • (b) a SOLAS lifebuoy that is equipped with a self-igniting light or that is attached to a buoyant line of not less than 30 m in length

5

More than 15 m

  • (a) a buoyant heaving line of not less than 30 m in length;
  • (b) a SOLAS lifebuoy attached to a buoyant line of not less than 30 m in length; and
  • (c) a SOLAS lifebuoy that is equipped with a self-igniting light
Buoyant heaving line

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

Visual Signals
Requirement to carry on board

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

Table

Item Column 1

Hull length
Column 2

Visual Signals

1

Not more than 6 m

  • (a) a watertight flashlight; and
  • (b) three pyrotechnic distress signals other than smoke signals

2

More than 6 m but not more than 9 m

  • (a) a watertight flashlight; and
  • (b) the following visual signals:
    • (i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals other than smoke signals, or
    • (ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals — other than smoke signals — of which at least two are rocket parachute flares

3

More than 9 m but not more than 12 m

  • (a) a watertight flashlight;
  • (b) the following visual signals:
    • (i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, six pyrotechnic distress signals of which not more than three are smoke signals, or
    • (ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, six pyrotechnic distress signals of which at least two are rocket parachute flares and not more than three are smoke signals, which shall be buoyant smoke signals; and
  • (c) a signalling mirror

4

More than 12 m but not more than 15 m

  • (a) a watertight flashlight;
  • (b) the following visual signals:
    • (i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or
    • (ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least four are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and
  • (c) a signalling mirror

5

More than 15 m

  • (a) a watertight flashlight;
  • (b) the following visual signals:
    • (i) for a voyage that is not beyond the limits of a near coastal voyage, Class 2, twelve pyrotechnic distress signals of which not more than six are smoke signals, or
    • (ii) for a voyage that is beyond the limits of a near coastal voyage, class 2, twelve pyrotechnic distress signals of which at least six are rocket parachute flares and not more than six are smoke signals, which shall be buoyant smoke signals; and
  • (c) a signalling mirror

Exception

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

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

Expiry

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

Life Rafts and Other Life-saving Appliances

Requirement to carry on board

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

Table

Item

Column 1


Voyage

Column 2

Hull Length

Column 3


Other Life-saving Appliances

1

Unlimited

Any length

  • (a) two or more SOLAS life rafts or reduced capacity life rafts with a total capacity that is sufficient to carry, on each side of the vessel, the number of persons on board;
  • (b) one recovery boat; and
  • (c) an immersion suit of an appropriate size for each person on board

2

Near coastal voyage, class 1

Any length

  • (a) one or more SOLAS life rafts or reduced capacity life rafts with total a capacity that is sufficient to carry the number of persons on board; and
  • (b) an immersion suit of an appropriate size for each person on board

3

Near coastal voyage, class 2

More than 12 m

  • (a) one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board;
  • (b) an EPIRB, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999; and
  • (c) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board

4

Near coastal voyage, class 2

Not more than 12 m

  • (a) one or more life rafts, or a combination of life rafts and recovery boats, with a total capacity that is sufficient to carry the number of persons on board; or
  • (b) the following equipment:
    • (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999, and
    • (ii) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board

5

Sheltered waters voyage or near coastal voyage, class 2, restricted to 2 nautical miles

Any length

  • (a) one or more life rafts or recovery boats with a total capacity that is sufficient to carry the number of the persons on board; or
  • (b) the following equipment:
    • (i) an EPIRB or a means of two-way radio communication, unless the vessel is carrying on board an EPIRB required by the Ship Station (Radio) Regulations, 1999, and
    • (ii) if the water temperature is less than 15°C, an immersion suit or an anti-exposure work suit of an appropriate size for each person on board
Appliances or written procedures

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

Substitute for recovery boat

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

Requirements for life rafts

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

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

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

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

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

Vessel Safety Equipment
Bailers and bilge pumps

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

Manual bilge pump

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

Dimensions — bailer

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

Manual bilge pump — piping and operation

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

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

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

Anchoring and mooring equipment

3.35 (1) A fishing vessel shall carry on board

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

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

Navigation Equipment
Illumination of compasses

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

Choice of compass

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

Other navigation equipment

3.37 A fishing vessel

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

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

Table

Item Column 1

Hull Length
Column 2

Firefighting Equipment

1

Not more than 6 m

  • (a) a 1A:5B:C portable fire extinguisher; and
  • (b) a 1A:5B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance

2

More than 6 m but not more than 9 m

  • (a) a 2A:10B:C portable fire extinguisher;
  • (b) a 2A:10B:C portable fire extinguisher, if the vessel is equipped with a fuel-burning cooking, heating or refrigerating appliance; and
  • (c) a 10B:C portable fire extinguisher at the entrance to the engine space

3

More than 9 m but not more than 15 m

  • (a) a 2A:10B:C portable fire extinguisher;
  • (b) a 2A:10B:C portable fire extinguisher at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance;
  • (c) a 10B:C portable fire extinguisher at the entrance to the engine space;
  • (d) a fire axe; and
  • (e) a bucket

4

More than 15 m

  • (a) a 2A:20B:C portable fire extinguisher;
  • (b) a 2A:20B:C portable fire extinguisher at the following locations:
    • (i) at each access to a space fitted with a fuel-burning cooking, heating or refrigerating appliance, and
    • (ii) at the entrance to each accommodation space;
  • (c) a 20B:C portable fire extinguisher at the entrance to the engine space;
  • (d) a fire axe; and
  • (e) two buckets
Exception

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

Reduced number of portable fire extinguishers

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

Bucket

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

Portable fire extinguishers

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

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

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

Classes of fires

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

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

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

Table of Equivalents

Column 1

Column 2

Multi-purpose Dry Chemical (ammonium phosphate)

Net Weight

Column 3

Regular Dry Chemical (sodium bicarbonate) (Class B and C fires only)

Net Weight

Column 4

Carbon Dioxide (Class B and C fires only)

Net Weight

Item

Classification

kg

lbs.

kg

lbs.

kg

lbs.

1

1A:5B:C

1.5

3

       

2

2A:10B:C

2.25

5

       

3

2A:20B:C

4.5

10

       

4

5B:C

1.5

3

1.5

3

2.25

5

5

10B:C

2.25

5

2.25

5

4.5

10

6

20B:C

4.5

10

4.5

10

9

20

Exceeds classification

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

Extinguishing agent

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

Alternative rating

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

Carbon dioxide fire extinguisher

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

Mounting

3.44 (1) A portable fire extinguisher set out in column 2 of the table to subsection 3.38(1) shall be mounted with a clamp or bracket that provides a quick and positive release.

Gas extinguishing agent

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

DIVISION 3

Stability

Application
Application

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

Wooden vessels

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

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

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

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

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

Demonstration of conformity with standards

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

Some activities — consistency with good practices

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

New vessels of not more than 6 m

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

Demonstration of conformity with TP 1332

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

Some activities — consistency with good practices

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

Stability Assessment and Stability Standards

Stability Assessment
Stability assessment required

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

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

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

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

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

Stability Standards
Simplified stability assessment

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

Some activities — consistency with good practices

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

Full stability assessment

3.51 (1) The stability of a fishing vessel that undergoes a full stability assessment shall conform to the applicable standards set out in Chapter 2 of Part A of the IS Code, in sections 2.1.1 to 2.1.4 of Chapter 2 of Part B of the IS Code, in Chapters 3, 6 and in sections 8.1 to 8.5 in Chapter 8 of Part B of the IS Code, and in Annex 1 to the IS Code.

Some activities — consistency with good practices

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

Persons and Organizations Competent to Conduct a Stability Assessment
Regulatory authorization — full or simplified stability assessment

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

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

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

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

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

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

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

Contact information of applicant for designation

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

Update of contact information

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

Cancellation of designation

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

Suspension of designation

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

Obligations — Competent Person
Assessment of compliance

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

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

3.59 (1) The authorized representative of a fishing vessel

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

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

Safe operating limits

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

Stability Notice
Accessibility of and familiarity with stability notice

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

Transfer of ownership

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

Operational Procedures
Written procedures

3.62 (1) If the stability notice for a fishing vessel does not fully describe the operational practices referred to in subparagraph 3.58(c)(ii), the authorized representative of the vessel shall establish written procedures, in plain language, and in English or French or in both, according to the needs of the crew, to ensure that the vessel is operated within the safe operating limits set out in the vessel’s stability booklet or record of stability.

Written procedures carried on board

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

Draft Marks
Permanent draft marks

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

Population of Fishing Vessels
Request to Minister — group of authorized representatives

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

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

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

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

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

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

3.66 (1) To determine whether the fishing vessels in a population of fishing vessels are not required to undergo a stability assessment, the Minister must be satisfied, on the basis of the documents and information submitted in the request, and the extent to which the operating parameters of each vessel in the population are equivalent to those of the representative vessel, that the conditions set out in paragraphs 3.64(1)(a) and (b) are met.

Decision of Minister

(2) If the Minister determines that the conditions set out in paragraphs 3.64(1)(a) and (b) are met, the Minister shall send to the authorized representative of each fishing vessel in the population of fishing vessels a document informing the authorized representative of the decision.

Conditions and exemption

3.67 None of the fishing vessels in a population of fishing vessels are required to undergo a stability assessment referred to in section 3.49 or to meet the related requirements set out in sections 3.50 to 3.63 if each vessel in the population

  • (a) carries on board the document referred to in subsection 3.66(2);
  • (b) is operated within the operating parameters referred to in subparagraph 3.65(c)(iv); and
  • (c) is operated in accordance with the proposed measures referred to in paragraph 3.65(d).
Operating parameters

3.68 (1) The authorized representative of each fishing vessel in a population of fishing vessels that is not subject to the requirement referred to in section 3.67 shall establish written procedures, in plain language, for the operation of the vessel in accordance with the operating parameters referred to in subparagraph 3.65(c)(iv) and the proposed measures referred to in paragraph 3.65(d).

Written procedures carried on board

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16 The heading before section 29 and sections 29 to 34.1 of the Regulations are repealed.

17 Sections 35 to 37 of the Regulations are repealed.

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

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

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

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

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

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

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

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

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

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

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

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

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

27 Schedule I to the Regulations is repealed.

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

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

30 Schedules IV to VI to the Regulations are repealed.

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

Methods of Attaching Sea Connections to Wooden Hulls

32 Schedule IX to the Regulations is repealed.

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

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

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

Consequential Amendments

Ship Station (Radio) Regulations, 1999

35 The definition survival craft in subsection 1(1) of the Ship Station (Radio) Regulations, 1999 (see footnote 11) is replaced by the following:

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

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

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

Ship Station (Radio) Technical Regulations, 1999

37 The definition survival craft in subsection 1(1) of the Ship Station (Radio) Technical Regulations, 1999 (see footnote 12) is replaced by the following:

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

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

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

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

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

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

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

40.1 Subsection 1002(2) of the Small Vessel Regulations (see footnote 13) is replaced by the following:

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

Coming into Force

41 These Regulations come into force one year after the day on which they are published in the Canada Gazette, Part II.

SCHEDULE
(Section 33)

SCHEDULE X
(Subsection 3.19(2))

Safety Equipment Standards and Tests
Immersion Suits

1 The standards and tests for an immersion suit are

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

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

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

3 The standards for a recovery boat are

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

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

[6-1-o]

  • Footnote 1
    Small fishing vessels are not more than 24.4 m in hull length and not more than 150 tons gross tonnage, while large fishing vessels are more than 24.4 m in hull length or more than 150 tons gross tonnage. These vessel hull length cut-offs are in line with international standards. It is important to note that small fishing vessels constitute approximately 99% of the fishing fleet in Canada (approximately 20 000 fishing vessels).
  • Footnote 2
    Length is defined as the distance from the fore part of the uppermost end of the stem to the aft side of the head of the stern post, except that if a stern post is not fitted to the vessel, the measurement shall be taken to the foreside of the head of the rudder stock, or, if the vessel has no rudder stock or has rudder stock situated outside the hull at the stern, the distance from the foreside of the foremost permanent structure of the vessel to the aft side of the aftermost permanent structure of the vessel, not including guards or rubbing strakes.
  • Footnote 3
    Hull length, in respect of a fishing vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.
  • Footnote 4
    A voyage that is not a sheltered waters voyage, a near coastal voyage, class 2, or a near coastal voyage, class 1.
  • Footnote 5
    A voyage that is not a sheltered waters voyage or a near coastal voyage, class 2; that is between places in Canada, the United States (except Hawaii), Saint-Pierre and Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America; and during which the vessel engaged on the voyage is always north of latitude 6°N, and within 200 nautical miles from shore or above the continental shelf.
  • Footnote 6
    Only for small fishing vessels of open construction (that may be affected by swamping).
  • Footnote 7
    A major modification means a modification or repair, or a series of modifications or repairs, that substantially changes the capacity or size of a fishing vessel or the nature of a system on board a fishing vessel, that affects its watertight integrity or its stability, or that substantially increases its service life.
  • Footnote 8
    Transport Canada considered several in-house policy options and ultimately put forward these two proposals.
  • Footnote 9
    More specifically, they will not include the provisions of the Small Fishing Vessel Inspection Regulations dealing with inspection and plan approval for vessels exceeding 15 gross tonnage (sections 6 through 8, 44 through 47, 49, and Schedule 1).
  • Footnote 10
    C.R.C., c. 1486
  • Footnote 11
    SOR/2000-260
  • Footnote 12
    SOR/2000-265
  • Footnote 13
    SOR/2010-91
  • Footnote a
    S.C. 2001, c. 26