Are tour boat operations subject to safety regulations?

Yes. The safety of tour boat operations is regulated under the non-pleasure craft section of the Canada Shipping Act.

What is a passenger vessel?

A passenger vessel is any vessel that receives payment of any kind for carrying at least one passenger.

Does this include activities like whale-watching, deep-sea fishing, and harbour cruises?

Yes. It includes all non-pleasure vessels receiving payment from passengers.

Are passenger vessels inspected for safety by the government?

All passenger vessels must be inspected by a Transport Canada Marine Inspector. Larger vessels, such as those carrying more than 12 passengers, are inspected on a yearly basis. A Small Vessel Monitoring and Inspection Program is in place for smaller vessels, carrying not more than 12 passengers. These vessels are inspected for the first time by a Transport Canada Marine Inspector and are then self-inspected by the owner or operator of the vessel who must submit his/her inspection report in order to receive the annual endorsement sticker which is to be attached to the Decal. Spot checks to verify compliance may be carried out by a government inspector at any time.

The important thing for the passenger to do is to look for an inspection decal, a valid Inspection Certificate, or a Notice of Inspection on the vessel.

Are Certificates issued to vessels that have passed inspection?

Yes. Certificates or Notices of Inspection must be posted where all on board can see it. In many cases, however, it may be somewhere inside the vessel, protected from weather, not easily visible by passengers.

It is recommended that passengers ask to view the Inspection Certificate or Notice of Inspection if it is not easily visible.

If you are taking a boat tour in Atlantic Canada, look for an inspection decal with the annual endorsement sticker confirming the vessel has received its Transport Canada inspection. It should be posted near the boarding area of the vessel.

The inspection decal initiative was implemented as a pilot project in 2003 in Atlantic Canada only. Following the success of this pilot project, Transport Canada offices across the country are now implementing the program this year. Some operators outside the four Atlantic Provinces may not have yet received their decal sticker; however, if the inspection certificate is present, the operator is approved.

Should we board a vessel if an inspection decal is not visible?

If an inspection decal is not visible, ask to see the operator's Inspection Certificate or Notice of Inspection. If the operator does not have either certificate, the vessel is not approved for tour boat operations. Do not board the vessel, and report the vessel to the nearest office of Transport Canada - Marine Safety or call 1-800 387-4999.

Does the operator require certification of his qualifications?

Certification of the operator of the passenger vessel varies depending upon the size of the vessel and the number of passengers, among other things. The crew must be trained in the area of Marine Emergency Duties and must demonstrate their ability in order to receive the vessel's Inspection Certificate or Notice of Inspection.

As a passenger, should I know the location of the Safety Equipment?

Yes. Safety is a shared responsibility - shared between the operator and the passenger. While Transport Canada regulates commercial operators to ensure they meet all applicable safety standards and regulations, passengers should also take precautionary measures to enhance their own safety while out on a tour. This includes doing such things as knowing where the lifejackets are, making sure there are sufficient lifejackets of the right size for children and adhering carefully to the safety briefings. A member of the crew must perform a pre-departure safety briefing indicating where lifejackets, life rafts, etc. are located, as well as instructions about what to do in case of an emergency. Passengers should also confirm, by looking for the inspection Decal, that the tour boat has been inspected and has complied with Transport Canada safety standards and regulations.

Should I wear my lifejacket while on the tour?

Wearing a lifejacket is recommended, but optional while on an open deck. However, lifejackets should not be worn inside the passenger cabin as this could impede escape in an emergency. Confirm with the operator the best practice for the vessel you are about to board. In all cases, you should ensure that:

• you know where the lifejackets are located;
• they are in an easily accessible place; and
• they fit.

Before the vessel leaves the dock, parents or guardians should ensure that suitably sized lifejackets are available for children.

As a passenger, what should I do if I notice that the vessel or its operator does not meet the above requirements?

Do not board the vessel. Report the vessel to the nearest office of Transport Canada - Marine Safety or phone 1-800 387-4999.