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CANADA SHIPPING ACT
ARCTIC WATERS POLLUTION PREVENTION ACT
Charts and Nautical Publications Regulations, 1995
SOR/95-149
REGULATIONS REQUIRING THE PRESENCE ON BOARD SHIPS OF APPROPRIATE
CHARTS, TIDE TABLES AND OTHER NAUTICAL DOCUMENTS OR
PUBLICATIONS AND RESPECTING THEIR MAINTENANCE AND USE
1. These Regulations may be cited as the Charts and Nautical
Publications Regulations, 1995.
2.(1) In these Regulations,
"chart"
« carte »
"Chart" means a nautical chart.
"competent authority"
«
autorité compétente
»
"competent authority" means
(a) a government that is a party
to the Safety Convention,
(b) a society or association for
the classification and registry of ships recognized by a government
referred to in paragraph (a), and
(c) a testing establishment
recognized by the Minister or by a government referred to in paragraph (a)
as able to determine whether equipment meets the standards referred to
in section 9 or paragraph 10(1)(a),
as the case may be;
"ECDIS"
« SVCEI
»
"ECDIS" means an electronic
chart display and information system;
"ENC"
« CEN
»
"ENC" means an electronic navigational chart database that
(a) is standardized as to
content, structure and format,
(b) is issued for use with an
ECDIS on the authority of the Canadian Hydrographic Service or a
hydrographic office authorized by the government of a country other than
Canada, and
(c) contains all the chart
information necessary for safe navigation;
"IMO"
« OMI »
"IMO" means the International Maritime Organization;
"nautical mile"
« mille marin »
"Nautical mile" means the international nautical
mile.
"Minister"
« ministre »
"Minister" means the Minister of Transport;
"RCDS"
« RCDS
»
"RCDS" means a raster chart display system;
"RNC"
«
RNC
»
"RNC" means a raster navigational chart that is a facsimile
of a paper chart issued on the authority of the Canadian Hydrographic Service or
a hydrographic office authorized by the government of a country other than
Canada;
"reference catalogue"
« catalogue de référence »
"Reference catalogue" in respect of an area to be navigated
by a ship, means:
(a) for waters under Canadian jurisdiction, the Catalogue of Nautical
Charts and Related Publications, published by the Canadian Hydrographic Service, and
(b) for waters outside Canadian jurisdiction, the Catalogue
of Admiralty Charts and Other Hydrographic Publications, published by the
Government of the United Kingdom, or the Catalog of Charts and Publications,
published by the Government of the United States of America.
"tons"
« tonneaux »
"Tons" means gross tons.
"waters under Canadian jurisdiction"
« eaux de compétence canadienne »
"Waters under Canadian jurisdiction" means:
(a) Canadian waters, and
(b) the exclusive economic zone of Canada.
2.(2) A reference to a class of home-trade or
inland voyage is a reference to that class as defined in the Home-Trade,
Inland and Minor Waters Voyages Regulations.
(3) For the purpose of interpreting a document incorporated by reference
into these Regulations, "should" shall be read to mean "shall".
(4) Unless otherwise indicated in these Regulations, any reference in
these Regulations to a document is a reference to the document as amended
from time to time.
3. These Regulations apply to Canadian ships in all waters and to all
ships in waters under Canadian jurisdiction.
Exceptions
3.1 (1) Subsection 4(1) does not apply if the owner
and the master of a ship are unable to obtain the charts, documents or
publications, required by these Regulations in respect of the area in which the
ship is being navigated, at any place at which the ship calls.
(2) Subsections 5(1) and 6(1) and (2) do not apply if the
person in charge of the navigation of a ship is unable to obtain the charts,
documents or publications, required by these Regulations in respect of the area
in which the ship is being navigated without endangering the ship, contravening
applicable regulations or requiring the ship to make a substantial detour.
(3)
Section 7 does not apply if the circumstances of the voyage are such that it is
impracticable to receive Notices to Mariners, Notices to Shipping or radio
navigational warnings containing information with regard to the safe navigation
of the ship.
Prohibition
3.2 No ship of any class shall navigate in any
shipping safety control zone prescribed under subsection 11(1) of the Arctic
Waters Pollution Prevention Act unless the ship complies with these Regulations.
4. (1) Subject to subsection (2), the master and owner of every ship
shall have on board, in respect of each area in which the ship is to be navigated, the
most recent editions of the charts, documents and publications that are required to be
used under sections 5 and 6.
(2) The master and owner of a ship of less than 100 tons are not
required to have on board the charts, documents and publications referred to in subsection
(1) if the person in charge of navigation has sufficient knowledge of the following
information, such that safe and efficient navigation in the area where the ship is to be
navigated is not compromised:
(a) the location and character of charted
(i) shipping routes,
(ii) lights, buoys and marks, and
(iii) navigational hazards; and
(b) the prevailing navigational conditions, taking into account such
factors as tides, currents, ice and weather patterns.
(3) If a ship, other than a pleasure craft of less than 150 tons, is
making a foreign voyage, a home-trade voyage, Class I, II or III, or an
inland voyage, Class I, the master and the owner of the ship shall have on
board and make readily available to the person in charge of the navigation
of the ship an illustrated table of life-saving signals for use by ships and
persons in distress when communicating with life-saving stations, maritime
rescue units or aircraft engaged in search and rescue operations.
(4) If a Canadian ship is of 150 tons or more, the master and the owner
of the ship shall have on board and make readily available to the person in
charge of the navigation of the ship the International Aeronautical and
Maritime Search and Rescue Manual, Volume III, Mobile Facilities,
published by the IMO.
5. (1) Subject to subsection (2), in order to plan and
display a ship's route for an intended voyage and to plot and monitor
positions throughout the voyage, the person in charge of the navigation of
the ship shall use the most recent edition of a chart that
(a) is issued officially by or
on the authority of
(i) the Canadian Hydrographic Service, when the ship is in
Canadian waters, and
(ii) the Canadian Hydrographic Service or the government or an
authorized hydrographic office or other relevant government
institution of a country other than Canada, when the ship is outside
Canadian waters;
(b) applies to the immediate area in which the ship is being
navigated; and
(c) is, for that area,
(i) the largest scale chart according to the reference
catalogue, or
(ii) of a scale that is at least 75 per cent of the scale of
the chart referred to in subparagraph (i) and is as complete, accurate,
intelligible and up-to-date as that chart.
(2) The person in charge of the navigation of a ship may use the most
recent edition of a chart that is the second-largest scale chart for an area according to
the reference catalogue where
(a) the scale of the chart is at least 1:400,000 (2.16 nautical miles
to the centimetre); and
(b) the ship is
(i) more than five nautical miles from any charted feature or charted
depth of water that represents a potential hazard to the ship, or
(ii) within an area for which the largest scale chart, according to the
reference catalogue, is primarily
(A) a chart intended for the use of pleasure craft, or
(B) a chart of an anchorage, a river or a harbour that the ship will
not transit or enter.
(3) The chart may be in electronic form only if
(a) it is displayed on an ECDIS or,
in the case of failure of the ECDIS, on a back-up arrangement; and
(b) the ECDIS
(i) in waters for which an ENC is available, is operated using the ENC,
(ii) in waters for which an ENC is not available, is operated
using an RNC,
(iii) when the ECDIS is operating in the RCDS mode, is used in
conjunction with paper charts that meet the requirements of
subsections (1) and (2), and
(iv) is accompanied by a back-up arrangement.
6. (1) Subject to subsection (3), the person in charge of the
navigation of a ship in waters under Canadian jurisdiction shall use, in respect of each
area to be navigated by the ship, the most recent edition of
(a) the reference catalogue;
(b) the annual edition of the Notices to Mariners, published by the
Department of Fisheries and Oceans;
(c) the following publications, namely,
(i) sailing directions, published by the Canadian Hydrographic Service,
(ii) tide and current tables, published by the Canadian Hydrographic
Service,
(iii) lists of lights, buoys and fog signals, published by the
Department of Fisheries and Oceans, and
(iv) where the ship is required to be fitted with radio equipment
pursuant to any Act of Parliament or of a foreign jurisdiction, the Radio Aids to Marine
Navigation, published by the Department of Fisheries and Oceans; and
(d) the documents and publications listed in the schedule.
(2) Subject to subsection (3), the person in charge of the navigation
of a Canadian ship in waters outside Canadian jurisdiction shall use, in respect of each
area to be navigated by the ship, the most recent edition of
(a) the reference catalogue;
(b) the annual edition of the Notices to Mariners, published by the
Department of Fisheries and Oceans;
(c) the following publications referred to in the reference catalogue,
namely,
(i) sailing directions,
(ii) tide and current tables,
(iii) lists of lights, and
(iv) where the ship is required to be fitted with radio equipment
pursuant to an Act of Parliament, the list of radio aids to navigation; and
(d) the documents and publications listed in the schedule.
(3) The publications referred to in paragraphs (1)(c) and
(2)(c) may be replaced by similar publications issued officially by or on the
authority of an authorized hydrographic office or other relevant government
institution of a country other than Canada, if the information contained in them
that is necessary for the safe navigation of a ship in the area in which the
ship is to be navigated is as complete, accurate, intelligible and up-to-date as
the information contained in the publications referred to in those paragraphs.
7. The master of a ship shall ensure that the charts, documents and
publications required by these Regulations are, before being used for navigation, correct
and up-to-date, based on information that is contained in the Notices to Mariners, Notices
to Shipping or radio navigational warnings.
8. The owner of every ship on which an ECDIS is fitted
shall ensure that sections 9 to 13 are complied with.
9. Every ECDIS shall meet the performance standards set
out in the annex to IMO Resolution A.817(19), Performance Standards for
Electronic Chart Display and Information Systems (ECDIS) or other
performance standards that the Minister determines provide a level of safety
that is equivalent to or higher than that of those standards.
10. (1) The back-up arrangement for an ECDIS shall
(a) consist of a separate and
independent system that meets the performance standards in respect of
back-up arrangements set out in the annex to IMO Resolution A.817(19),
Performance Standards for Electronic Chart Display and Information
Systems (ECDIS), or other performance standards that the Minister
determines provide a level of safety that is equivalent to or higher
than that of those standards;
(b) if the ship makes only inland
voyages or minor waters voyages, consist of a separate and independent
system that meets the standards for an electronic chart system intended
for a Class l vessel set out in RTCM Recommended Standards for
Electronic Chart Systems (ECS), version 3.0, published by the Radio
Technical Commission For Maritime Services;
(c) until May 1, 2006, if the
ship makes only inland voyages or minor waters voyages, consist of a
precise navigation system that is recognized by the Canadian Coast Guard
before July 1, 2002 as meeting the interim standard for precise
navigation systems that is set out in the Canadian Coast Guard's
Standard for ECDIS and DGPS; or
(d) consist of paper charts that
meet the requirements of subsections 5(1) and (2) if
(i) navigational conditions are such that the use of
the paper charts will enable a safe takeover of the ECDIS function,
(ii) failure of the ECDIS will not result in a critical
situation, and
(iii) the ship's voyage has been planned and the position is
being plotted on the paper charts at intervals that will allow a
safe and immediate takeover in the event of an ECDIS failure.
(2) The back-up arrangements referred to in paragraphs (1)(a)
to (c) shall
(a) be connected to a separate
and independent position-fixing system that provides continuous position
information and meets the requirements of the Navigation Safety
Regulations;
(b) be connected to the ship's
main and emergency sources of electrical power;
(c) be provided with an emergency
source of electrical power providing uninterrupted transitional power
for a period of not less than 30 minutes;
(d) have the chart database and
voyage plan loaded before commencement of the voyage;
(e) operate simultaneously with
the ECDIS when the ship is operating in confined waters; and
(f) in the case of failure of the
ECDIS or when operating as required by paragraph (e), display
the charts described in subsection 5(1) and
(i) in waters for which an ENC is available, be
operated using the ENC, or
(ii) in waters for which an ENC is not available, be operated
using an RNC.
11. (1) The ECDIS and a back-up arrangement referred to
in paragraph 10(1)(a) or (b) that are fitted on a ship
shall be type-approved by a competent authority as meeting the standards
referred to in section 9 or paragraph 10(1)(a) or (b), as
the case may be.
(2) The type-approval of the ECDIS and the back-up arrangement referred
to in paragraph 10(1)(a) shall be in accordance with testing
standard IEC 61174 of the International Electrotechnical Commission,
entitled Maritime navigation and radiocommunication equipment and
systems – Electronic chart display and information system (ECDIS) –
Operational and performance requirements, methods of testing and required
test results or another testing standard that the Minister determines
provides a level of safety that is equivalent to or higher than that of that
standard.
(3) Proof of the type-approval shall be carried on board the ship and be
in the form of either of the following that is issued by the competent
authority:
(a) a label that is securely
affixed to the ECDIS or the back-up arrangement, as the case may be, in
a readily visible location; or
(b) a document that is kept in a
readily accessible location on the ship.
(4) If the proof is issued in a language other than English or French, it
shall be accompanied by an English or French translation.
12. The ECDIS and the back-up arrangements referred to
in paragraphs 10(1)(a) to (c) shall meet the applicable
electrical installation standards in sections 3.10, 3.12, 3.14, 4.1, 4.3,
4.4, 15.6, 15.7, 15.11.2, 15.11.3, 52.1 to 52.4, 54.2 to 54.4 and 58.1 to
58.3 of Ship Electrical Standards, TP 127, published by the
Department of Transport.
13. The ECDIS and a back-up arrangement referred to in
paragraph 10(1)(a) or (b) that are fitted on a ship on or
after July 1, 2002
(a) shall have been manufactured
by a manufacturer that has a quality control system in place audited by
a competent authority to ensure continuous compliance with the
type-approval conditions; or
(b) before being fitted on the
ship, shall have been certified as being in accordance with the
type-approval by a competent authority that has used final product
verification procedures.
14. (1) The master of a ship shall ensure, before
proceeding to sea, that the intended voyage has been planned using the most
recent editions of the charts, documents and publications that are required
to be used under sections 5 and 6 and that account has been taken of the
annex to IMO Resolution A.893(21), Guidelines for Voyage Planning.
(2) When making the plan, the master shall identify a route that
(a) takes into account any
relevant routing systems;
(b) ensures sufficient sea room
for the safe passage of the ship throughout the intended voyage;
(c) anticipates all known
navigational hazards and adverse weather conditions; and
(d) takes into account any marine
environmental protection measures that apply and avoids, as far as
possible, actions and activities that could cause damage to the
environment.
15. (1) No owner, charterer or operator
of a ship, or any other person shall prevent or restrict the master of the
ship from taking or executing any decision that, in the master's
professional judgment, is necessary for safe navigation and the protection
of the marine environment.
(2) This section does not apply to ships referred to in section 1.2 of
Regulation 1 of Chapter V of the Safety Convention.
(Section 6)
DOCUMENTS AND PUBLICATIONS
1. If the ship is a Canadian ship required to be fitted with
radio equipment and making a foreign voyage or a home-trade voyage, Class I or
II, or a Safety Convention Ship, the following documents, published by the IMO:
(a) the International Code of
Signals; and
(b) the IMO Standard Marine
Communication Phrases.
2. Ice Navigation in Canadian Waters, published by
the Department of Fisheries and Oceans, if the ship is making a voyage during
which ice may be encountered.
Established by
the
CONSOLIDATED REGULATIONS OF CANADA, 1978.
amended by
SOR/79-585 10 August, 1979 pursuant to sections 400 and 730 of the
Canada Shipping Act
Substitution of the word "catalogue" for the words
"Information Bulletin" wherever the latter words occur in section 2, paragraph
5(1)(c), subsection 5(2) and paragraph 6(1)(b); and in the French version substitution of
the words "Avis aux navigateurs" for the words "Avis aux marins"
wherever the latter words occur in paragraphs 6(1)(c) and 14(1)(b).
SOR/79-731 11 October, 1979 pursuant to sections 400 and 730 of the
Canada Shipping Act
Section 2 by adding the definition "nautical mile";
subsection 5(2) following subparagraph (b)(ii); and subsection 13(2) following
subparagraph (b)(ii).
SOR/85-1042 31 October, 1985 pursuant to sections 400 and 730 of the
Canada Shipping Act
Subparagraph 6(1)(a)(v); and subparagraph 14(1)(b)(ii).
SOR/95-149 21 March, 1995 pursuant to paragraph 562.1(1)(a) of the
Canada Shipping Act and subparagraph 12(1) (a) (viii) of the Arctic Waters Pollution
Prevention Act
Revoked and replaced.
SOR/95-536 7 November, 1995 pursuant to paragraph 562.1(1)(a) of the
Canada Shipping Act and subparagraph 12(1) (a) (viii) of the Arctic Waters Pollution
Prevention Act
Subsection 6(3).
SOR/2002-152 11 April, 2002 pursuant to paragraph
562.1(1)(a) of the Canada
Shipping Act and subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution
Prevention Act, comes into force April 11, 2002.
Item 1 of the schedule is repealed.
SOR/2002-424 21 November, 2002 pursuant to paragraph
562.1(1)(a) (
R.S., c. 6 (3rd Supp.), s. 78) of the Canada Shipping Act and
subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution Prevention Act, comes
into force November 21, 2002.
The definition "waters under Canadian jurisdiction"
in section 2 of the Charts and Nautical Publications Regulations, 1995 (SOR/95-149) is amended by adding the word "and" at the end of
paragraph (a) and by replacing paragraphs (b) and (c); Section 3.1, 3.2 are
added after section 3; Section 8 and the heading before it are repealed; The expression
"Department of Transport" with the expression "Department of
Fisheries and Oceans" wherever it occurs in the following: paragraph
6(1)(b); subparagraphs 6(1)(c)(iii) and (iv); and paragraph 6(2)(b), are
replaced.
SOR/2005-135 May 10, 2005 pursuant to section 314 and
subsection 562.1(1) of the Canada Shipping Act and subparagraph 12(1)(a)(ii)
of the Artic Waters Pollution Prevention Act, comes
into force May 10, 2005.
Section 2 is renumbered as
subsection 2(1) and is amended by adding "competent authority",
"ECDIS", "ENC",
"IMO", "Minister",
"RCDS" and "RNC"
definitions in alphabetical order; Section 2 is amended by adding subsections
(2),(3) and (4); Section 4 is amended by adding subsections (3) and (4);
The portion of subsection 5(1) before paragraph (b)
is replaced; Paragraph 5(1)(b) of the
English version is replaced; Section 5 is amended by adding subsection (3);
Subsection 6(3) is replaced; The sections 8 to 15 are amended after section 7;
Sections 2 to 5 of the Schedule are replaced.
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