Small Vessel Regulations

C.R.C., c. 1487

CANADA SHIPPING ACT

Small Vessel Regulations

REGULATIONS RESPECTING SMALL VESSELS

SHORT TITLE

1. These Regulations may be cited as the Small Vessel Regulations.

INTERPRETATION

2. The definitions in this section apply in these Regulations.

"Act" means the Canada Shipping Act. (Loi)

"approved" means approved in accordance with these Regulations. (approuvé)

"bailer" means a container that is capable of removing water from a small vessel and that meets the applicable standards set out in Schedule III. (écope)

"boat safety equipment" includes a manual propelling device, anchor, bailer, water pump, fire extinguisher, line, cable, rope, chain, bilge-pumping arrangement, axe, bucket and fire pump. (équipement de sécurité de bateau)

"capacity plate" means a plate issued in respect of a serially produced vessel that is marked in the manner and indicates the information described in paragraph 23(1)(b). (plaque de capacité)

"conformity plate" means a plate that is marked in the manner described in paragraph 23(1)(a). (plaque de conformité)

"construction standards" means the Construction Standards for Small Vessels, TP 1332, published by the Department of Transport and the Department of Fisheries and Oceans, as amended from time to time. (normes de construction)

"design waterline", in respect of a pleasure craft, means the waterline at the recommended maximum gross load capacity. (ligne de flottaison en charge)

"distress equipment" includes a watertight flashlight and pyrotechnic distress signals. (équipement de détresse)

"engine power" means the engine power, in kilowatts, calculated in accordance with ISO 8665, Marine Propulsion Engines and Systems -- Power Measurements and Declarations. (puissance de moteur)

"final preparation", in respect of an official competition, means activities to prepare for the competition that take place at the competition venue and during the times specified by the organizer of the competition. (derniers préparatifs)

"formal training" means practice for an official competition under the supervision of a coach or official certified by a governing body. (entraînement officiel)

"freeboard" means the minimum vertical distance at side between the gunwale and the design waterline. (franc-bord)

"governing body" means a national water sport governing body

(a) that publishes written rules and criteria respecting conduct and safety requirements during skill demonstrations, formal training or official competitions; and

(b) that

(i) certifies coaches and coaching programs,

(ii) certifies officials and programs for officials, or

(iii) recommends training and safety guidelines for certified coaches or officials. (fédération sportive)

"length", except in Part III, means

(a) in the case of a registered vessel, the length shown in the Certificate of Registry;

(b) in the case of a licensed vessel, the length from the fore part of the head of the stem to the after part of the head of the stern post; and

(c) in the case of a vessel that is not registered or licensed, the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull. (longueur)

"lifejacket" means a small vessel lifejacket, a standard lifejacket or a SOLAS type lifejacket. (gilet de sauvetage)

"manual propelling device" means a set of oars, a paddle or any other apparatus that can be used manually by a person to propel a vessel. (dispositif de propulsion manuelle)

"mile" means the international nautical mile of 1852 m. (mille)

"muffler" means an expansion chamber, within the exhaust line of the propulsion engine of a vessel, specifically designed to reduce engine noise but does not include a muffler cut-out, straight exhaust, gutted muffler, glass-pack muffler, by-pass or similar device. (silencieux)

"navigation equipment" includes a sound-signalling appliance, a sound-signalling device and navigation lights. (équipement de navigation)

"official competition" means a competition or regatta organized by a governing body or by a club or an organization that is affiliated with a governing body. (compétition officielle)

"owner", in respect of a small vessel, means a person who owns the small vessel. (propriétaire)

"personal flotation device", except in paragraph 16.08(b), means a buoyant life-saving apparatus other than a lifejacket, that is intended to be worn by a person and that meets the standards set out in section 1.3 of Schedule III. (vêtement de flottaison individuel)

"personal protection equipment" includes a lifejacket, lifebuoy, personal flotation device, buoyant heaving line, reboarding device and lifting harness. (équipement de protection individuelle)

"personal watercraft" means a water-jet driven vessel with an enclosed hull and no cockpit and a maximum length of 4 m, that is designed to be used by one or more persons while straddling, sitting, standing or kneeling. (motomarine)

"plate" means a capacity plate, conformity plate or single vessel plate. (plaque)

"power-driven vessel" means a vessel that is propelled by machinery, the hull of which is designed by means of transom cut-outs, V-sterns or engine wells so that the vessel can be propelled by machinery or that is otherwise designed to be propelled by machinery. (bâtiment à propulsion mécanique)

"reboarding device", in respect of a small vessel, means a ladder, lifting harness or other apparatus that does not include any part of the vessel's propulsion unit and that assists persons in gaining access to the vessel from the water. (dispositif de remontée à bord)

"recommended", in respect of maximum gross load capacity, maximum number of persons or safe limits of engine power of a pleasure craft, means calculated in accordance with the applicable formula set out in the construction standards. (recommandé)

"safety craft" means a boat, aircraft or other means of transport with a crew on board that is used for surveillance and lifeguarding activities during formal training or official competitions. (véhicule de secours)

"sailboard" means a pleasure craft that has a totally enclosed hull fitted with a free-standing mast that attaches to the hull through a universal joint and that is propelled by sail and not machinery. (planche à voile)

"serially produced", in respect of a pleasure craft, means constructed as one of at least five pleasure craft of identical dimensions by a boat builder or manufacturer within a period of five years. (produit en série)

"single vessel plate" means a plate that is issued in respect of a vessel not serially produced and that is marked in the manner and that indicates the information described in paragraph 23(1)(c). (plaque de bâtiment hors série)

"small vessel" means a vessel in respect of which these Regulations apply, as set out in section 3. (petit bâtiment)

"small vessel lifejacket" means a lifejacket that meets the standards set out in section 1 of Schedule III. (gilet de sauvetage pour petit bâtiment)

"SOLAS type lifejacket" means a lifejacket that that meets the standards set out in section 1.1 of Schedule III. (gilet de sauvetage SOLAS)

"sound-signalling appliance" means a sound-signalling appliance that meets the applicable standards set out in the Collision Regulations. (appareil de signalisation sonore)

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

"standard lifejacket" means a lifejacket that meets the standards set out in section 1.2 of Schedule III. (gilet de sauvetage normalisé) SOR/78-843, s. 1; SOR/80-443, s. 1; SOR/95-536, s. 4; SOR/99-54, s. 1; SOR/2000-311, s. 1; SOR/2002-171, s. 1; SOR/2003-40, s. 1.

APPLICATION

3. (1) Subject to subsection (2), these Regulations, except Part I, apply in respect of the following small vessels:

(a) a pleasure craft;

(b) a vessel, other than a pleasure craft, that does not exceed 5 tons gross tonnage and that does not carry more than 12 passengers; and

(c) a power-driven vessel that does not exceed 15 tons gross tonnage, that does not carry passengers and that is neither a pleasure craft nor a fishing vessel.

(2) These Regulations do not apply to floating devices that measure less than 2 m in length and that are not designed to be fitted with a motor. SOR/99-54, s. 1.

PROHIBITION

4. (1) No person shall operate a small vessel unless

(a) it carries the type and quantity of personal protection equipment, boat safety equipment, distress equipment and navigation equipment that are required by these Regulations; and

(b) the equipment is in good working order.

(2) No owner or person entrusted by an owner with the care and operation of a pleasure craft shall allow another person to operate it unless

(a) it carries the type and quantity of equipment referred to in paragraph (1)(a); and

(b) the equipment is in good working order. SOR/78-843, s. 2; SOR/80-443, s. 2; SOR/99-54, s. 1.

STANDARDS AND APPROVAL

5. (1) Any lifejacket, lifebuoy, life-saving cushion, personal flotation device, bailer, fire extinguisher or pyrotechnic distress signal referred to in Part II, IV or V that must be carried on a small vessel in accordance with these Regulations shall meet the applicable standards set out in Schedule III or such other standards that provide a level of safety that is equivalent to or higher than those standards.

(2) Any buoyant apparatus referred to in Part V that must be carried on a small vessel in accordance with these Regulations shall meet the applicable standards set out in the Life Saving Equipment Regulations. SOR/99-54, s. 1.

5.1 [Repealed, SOR/99-54, s. 1]

6. (1) The Minister of Transport may approve a lifejacket, lifebuoy, life-saving cushion or pyrotechnic distress signal that is shown to meet the applicable standards referred to in subsection 5(1).

(2) The Minister of Fisheries and Oceans may approve a personal flotation device that is shown to meet the applicable standards referred to in subsection 5(1).

(3) Every personal flotation device that was approved by the Director of Ship Safety, Department of Transport before the coming into force of these Regulations and that bears a label indicating that it was approved by the Department of Transport, is deemed to be approved by the Minister of Fisheries and Oceans under subsection (2).

(4) Every lifejacket, personal flotation device other than a personal flotation device referred to in subsection (3), lifebuoy, life-saving cushion or pyrotechnic distress signal that has been approved in accordance with this section shall bear a stamp or label indicating that it has been so approved.

(5) Every buoyant apparatus that meets the applicable standards set out in the Life Saving Equipment Regulations and that is on a vessel that is subject to inspection shall bear, as the mark indicating that it complies with those standards, the name or permit number of the vessel, the name of the ship inspector who verified the compliance, and the date of the verification. SOR/99-54, s. 1.

PART I
LICENSING OF VESSELS

Application

7. (1) Subject to subsection (2), this Part applies to every vessel principally maintained or operated in Canada that

(a) in the case of a vessel other than a pleasure craft, does not exceed 15 tons gross tonnage; and

(b) in the case of a pleasure craft, does not exceed 15 tons gross tonnage and is equipped permanently or temporarily with a motor of 7.5 kW of power or more or with more than one motor, the aggregate power of which is 7.5 kW or more.

(2) This Part does not apply to a vessel described in subsection (1) that is

(a) registered under the Act;

(b) registered or licensed in accordance with the laws of another country and not principally maintained or operated in Canada;

(c) a life boat or other survival craft that is part of the equipment of a ship; or

(d) an amphibious vehicle for which a provincial automobile licence for highway travel is required. SOR/80-191, s. 2; SOR/2000-72, s. 1; SOR/2002-171, s. 2.

Vessels to be Licensed

8. (1) No person shall operate a vessel unless, under section 9 or 12, as applicable, a licence has been issued to the owner for the vessel or, under section 14, a licence has been issued to a dealer who is demonstrating the vessel.

(2) In any prosecution for a violation of subsection (1) it shall be presumed until otherwise proven that no licence has been issued under this Part for the vessel in respect of which the prosecution is brought. SOR/2002-171, s. 3.

Issue of Licences

9. (1) The owner of a pleasure craft may obtain a licence for it by submitting an application form, completed and signed by the owner, to the Minister of Fisheries and Oceans or a person designated by that Minister, along with a document that establishes ownership of the vessel.

(1.1) The Minister of Fisheries and Oceans or a person designated by that Minister shall issue a licence for the pleasure craft to its owner without charge on receipt of the completed and signed application form and the document that establishes ownership.

(1.2) The owner of a vessel other than a pleasure craft may obtain a licence for it by submitting an application form, completed and signed by the owner, to the Minister of Transport or a person designated by that Minister, along with a document that establishes ownership of the vessel and the fee set out in the Ships Registry and Licensing Fees Tariff for a small commercial vessel licence.

(1.3) The Minister of Transport or a person designated by that Minister shall issue a licence for the vessel to its owner on receipt of the completed and signed application form, the document that establishes ownership and the applicable fee.

(2) The tonnage of a vessel that is not required to be registered under section 16 of the Act is determined in accordance with

(a) Schedule I or Schedule IV if it is 12 m in length overall or less; and

(b) Schedule I if it is over 12 m in length overall. SOR/80-191, s. 3; SOR/2000-72, s. 2l SOR/2002-171, s. 4.

(3) and (4) [Repealed, SOR/2000-72, s. 2]

Voluntary Licensing

10. The owner of a vessel that is not required to be licensed under these Regulations may obtain a licence for the vessel in the manner set out in section 9. SOR/2002-171, s. 5.

11. [Repealed, SOR/2002-171, s. 5]

New Licence for Transferred Vessel

12. (1) Immediately after the ownership of a licensed pleasure craft is transferred, the transferor shall

(a) sign and deliver to the new owner the transfer form that is printed on the reverse side of the licence; or

(b) submit a signed, written notice of the transfer to the Minister of Fisheries and Oceans or a person designated by that Minister, specifying the licence number and the name and address of the new owner.

(2) Immediately after the ownership of a licensed pleasure craft is transferred, the new owner shall

(a) complete and sign the transfer form that is printed on the reverse side of the licence or an application form for a new licence; and

(b) submit to the Minister of Fisheries and Oceans or a person designated by that Minister

(i) the completed and signed form, and

(ii) a copy of the bill of sale or any other document that establishes ownership of the pleasure craft.

(3) The Minister of Fisheries and Oceans or a person designated by that Minister shall issue a new licence for the transferred pleasure craft to the new owner without charge on receipt of the documents described in paragraph (2)(b).

(4) Immediately after the ownership of a licensed vessel other than a pleasure craft is transferred, the new owner shall submit a completed and signed application form for a new licence to the Minister of Transport or a person designated by that Minister, along with a copy of the bill of sale signed by the transferor or any other document that establishes ownership of the vessel and the fee set out in the Ships Registry and Licensing Fees Tariff for a small commercial vessel licence.

(5) The Minister of Transport or a person designated by that Minister shall issue a new licence for the transferred vessel to the new owner on receipt of the completed and signed application form, the document that establishes ownership and the applicable fee. SOR/2002-171, s. 5.

Marking of Vessels

13. (1) No person shall operate a vessel that is licensed under this Part unless that vessel is marked with the licence number of the vessel in block characters not less than 75 mm high and in a colour that contrasts with their background

(a) on each side of the bow of the vessel; or

(b) on a board permanently attached to the vessel as close to the bow as practicable so that the number is clearly visible from each side of the vessel.

(2) Subject to subsection (3), no person shall operate a vessel marked with a number that is so similar to the marking required by subsection (1) as to be capable of being mistaken for the licence number.

(3) Subsection (2) does not apply in respect of a commercial fishing licence number marked on a vessel pursuant to regulations made under the Fisheries Act. SOR/80-191, s. 4.

Dealer's Licence

14. (1) A person carrying on the business of selling vessels (in this section referred to as a "dealer") may obtain a dealer's licence for use in connection with the operation of vessels to be demonstrated by the dealer from

(a) the Minister of Fisheries and Oceans or a person designated by that Minister in the case of a pleasure craft; or

(b) the Minister of Transport or a person designated by that Minister in the case of a vessel other than a pleasure craft.

(2) [Repealed, SOR/2002-171, s. 6]

(3) The licence number issued to a dealer shall be marked in block characters, not less than 75 mm high and in a colour that contrasts with their background, on a board or boards firmly attached to the vessel so that the number is clearly visible from each side of the vessel.

(4) A vessel that is being demonstrated by a dealer and is marked in accordance with subsection (3) shall be deemed to be a vessel licensed under this Part and marked as required by this Part. SOR/80-191, s. 5; SOR/2002-171, s. 6.

Production of Licence

15. A person who has the care or control of a vessel that is required to be licensed under this Part shall produce the licence for that vessel forthwith at the request of an enforcement officer designated under section 45 or a customs officer. SOR/2002-171, s. 7.

PART II
MINIMUM EQUIPMENT REQUIREMENTS FOR PLEASURE CRAFT

Application

16. (1) Subject to subsection (2), this Part applies in respect of every pleasure craft that is operated in Canada.

(2) This Part does not apply in respect of a pleasure craft that is operated in Canada if it is ordinarily kept in a country other than Canada and it complies with any licensing, registration and equipment requirements of that country. SOR/99-54, s. 2.

Standards

16.01 The lifejackets, lifebuoys, personal flotation devices, bailers, fire extinguishers and pyrotechnic distress signals that are required in respect of a pleasure craft pursuant to this Part shall

(a) meet the applicable standards set out in Schedule III; or

(b) if no applicable standards are set out in Schedule III, meet the applicable standards of, and bear the stamp, label or other official mark of, the Canadian General Standards Board, the Underwriters' Laboratories of Canada, the Canadian Standards Association or the Society of Automotive Engineers. SOR/99-54, s. 2.

Pleasure Craft not over 6 m in Length

16.02 (1) Subject to subsections (6) to (9) and sections 16.2 and 16.3, every pleasure craft not over 6 m in length shall carry personal protection equipment, boat safety equipment, distress equipment and navigation equipment in accordance with subsections (2) to (5).

(2) Personal protection equipment shall consist of

(a) subject to section 16.08, one personal flotation device or lifejacket of appropriate size for each person on board; and

(b) one buoyant heaving line of not less than 15 m in length.

(3) Boat safety equipment shall consist of

(a) either

(i) one manual propelling device, or

(ii) an anchor with not less than 15 m of cable, rope or chain in any combination;

(b) subject to section 16.09, one bailer or one manual water pump fitted with or accompanied by sufficient hose to enable a person using the pump to pump water from the bilge of the vessel over the side of the vessel; and

(c) one Class 5BC fire extinguisher if the pleasure craft is equipped with an inboard engine, a fixed fuel tank of any size, or a fuel-burning cooking, heating or refrigerating appliance.

(4) Distress equipment shall consist of

(a) a watertight flashlight; or

(b) three pyrotechnic distress signals of Type A, B or C.

(5) Navigation equipment shall consist of

(a) a sound-signalling device or a sound-signalling appliance; and

(b) if the pleasure craft is operated after sunset and before sunrise or in periods of restricted visibility, navigation lights that meet the applicable standards set out in the Collision Regulations.

(6) A personal water craft is not required to carry personal protection equipment in accordance with paragraph (2)(a) and boat safety equipment in accordance with subsection (3) if every person aboard is wearing a personal flotation device or lifejacket of appropriate size.

(7) A paddleboat or water cycle is not required to carry personal protection equipment, boat safety equipment and distress equipment in accordance with subsections (2) to (4) if every person aboard is wearing a personal flotation device or lifejacket of appropriate size.

(8) A sailboard is not required to carry personal protection equipment, boat safety equipment and distress equipment in accordance with subsections (2) to (4) if the operator is

(a) wearing a personal flotation device of appropriate size; or

(b) engaged in an official competition, while attended by a safety craft carrying a personal flotation device or lifejacket of appropriate size for that operator that can be donned in the water.

(9) A pleasure craft not referred to in subsections (6) to (8) or section 16.2 that is not fitted with a motor is exempt from the requirement to carry distress equipment in accordance with subsection (4). SOR/99-54, s. 2; SOR/2000-311, s. 2.

Pleasure Craft over 6 m but not over 8 m in Length

16.03 (1) Subject to sections 16.2 and 16.3, every pleasure craft over 6 m but not over 8 m in length shall carry personal protection equipment, boat safety equipment, distress equipment and navigation equipment in accordance with subsections (2) to (5).

(2) Personal protection equipment shall consist of

(a) subject to section 16.08, one personal flotation device or lifejacket of appropriate size for each person on board;

(b) either:

(i) one buoyant heaving line of not less than 15 m in length, or

(ii) one lifebuoy with an outside diameter of 610 mm or 762 mm attached to a buoyant line of not less than 15 m in length; and

(c) a reboarding device, if the freeboard of the pleasure craft exceeds 0.5 m.

(3) Boat safety equipment shall consist of

(a) either

(i) one manual propelling device, or

(ii) an anchor with not less than 15 m of cable, rope or chain in any combination;

(b) subject to section 16.09, one bailer or one manual water pump fitted with or accompanied by sufficient hose to enable a person using the pump to pump water from the bilge of the vessel over the side of the vessel; and

(c) one Class 5BC fire extinguisher if the pleasure craft is a power-driven vessel, plus another Class 5BC fire extinguisher if the pleasure craft is equipped with a fuel-burning cooking, heating or refrigerating appliance.

(4) Distress equipment shall consist of

(a) a watertight flashlight; and

(b) subject to section 16.1, six pyrotechnic distress signals of Type A, B or C.

(5) Navigation equipment shall consist of

(a) a sound-signalling device or a sound-signalling appliance; and

(b) if the pleasure craft is operated after sunset and before sunrise or in periods of restricted visibility, navigation lights that meet the applicable standards set out in the Collision Regulations. SOR/99-54, s. 2.

Pleasure Craft over 8 m but not over 12 m in Length

16.04 (1) Subject to sections 16.2 and 16.3, every pleasure craft over 8 m but not over 12 m in length shall carry personal protection equipment, boat safety equipment, distress equipment and navigation equipment in accordance with subsections (2) to (5).

(2) Personal protection equipment shall consist of

(a) subject to section 16.08, one personal flotation device or lifejacket of appropriate size for each person on board;

(b) one buoyant heaving line of not less than 15 m in length;

(c) one lifebuoy with an outside diameter of 610 mm or 762 mm that is attached to a buoyant line of not less than 15 m in length; and

(d) a reboarding device, if the freeboard of the pleasure craft exceeds 0.5 m.

(3) Boat safety equipment shall consist of

(a) an anchor with not less than 30 m of cable, rope or chain in any combination;

(b) subject to section 16.09, one bailer and one manual water pump fitted with or accompanied by sufficient hose to enable a person using the pump to pump water from the bilge of the vessel over the side of the vessel; and

(c) one Class 10BC fire extinguisher if the pleasure craft is a power-driven vessel, plus another Class 10BC fire extinguisher if the pleasure craft is equipped with a fuel-burning cooking, heating or refrigerating appliance.

(4) Distress equipment shall consist of

(a) a watertight flashlight; and

(b) subject to section 16.1, twelve pyrotechnic distress signals of Type A, B, C or D, not more than six of which are of Type D.

(5) Navigation equipment shall consist of

(a) a sound-signalling device or a sound-signalling appliance; and

(b) navigation lights that meet the applicable standards set out in the Collision Regulations. SOR/99-54, s. 2.

Pleasure Craft over 12 m but not over 20 m in Length

16.05 (1) Subject to sections 16.2 and 16.3, every pleasure craft over 12 m but not over 20 m in length shall carry personal protection equipment, boat safety equipment, distress equipment and navigation equipment in accordance with subsections (2) to (5).

(2) Personal protection equipment shall consist of

(a) subject to section 16.08, one personal flotation device or lifejacket of appropriate size for each person on board;

(b) a buoyant heaving line of not less than 15 m in length;

(c) one lifebuoy with an outside diameter of 610 mm or 762 mm that is equipped with a self-igniting light and is attached to a buoyant line of not less than 15 m in length; and

(d) a reboarding device.

(3) Boat safety equipment shall consist of

(a) an anchor with not less than 50 m of cable, rope or chain in any combination;

(b) bilge-pumping arrangements;

(c) one Class 10BC fire extinguisher at each of the following locations, namely,

(i) at each access to any space where a fuel-burning cooking, heating or refrigerating appliance is fitted,

(ii) at the entrance to any accommodation space, and

(iii) at the entrance to the engine room space;

(d) one axe; and

(e) two buckets, each with a capacity of 10 L or more.

(4) Distress equipment shall consist of

(a) a watertight flashlight; and

(b) twelve pyrotechnic distress signals of Type A, B, C or D, not more than six of which are of Type D.

(5) Navigation equipment shall consist of

(a) two sound-signalling appliances, as specified in the Collision Regulations; and

(b) navigation lights that meet the applicable standards set out in the Collision Regulations. SOR/99-54, s. 2; SOR/2000-311, s. 3.

Pleasure Craft over 20 m in Length

16.06 (1) Subject to sections 16.2 and 16.3, every pleasure craft over 20 m in length shall carry personal protection equipment, boat safety equipment, distress equipment and navigation equipment in accordance with subsections (2) to (5).

(2) Personal protection equipment shall consist of

(a) subject to section 16.08, one personal flotation device or lifejacket of appropriate size for each person on board;

(b) one buoyant heaving line of not less than 30 m in length;

(c) two lifebuoys, each of which has an outside diameter of 762 mm and is attached to a buoyant line of not less than 30 m in length, and one of which is equipped with a self-igniting light;

(d) a lifting harness with appropriate rigging; and

(e) a reboarding device.

(3) Boat safety equipment shall consist of

(a) an anchor with not less than 50 m of cable, rope or chain in any combination;

(b) bilge-pumping arrangements;

(c) one power-driven fire pump located outside the machinery space, with one fire hose and nozzle whereby a jet of water can be directed into any part of the pleasure craft;

(d) one Class 10BC fire extinguisher at each of the following locations, namely,

(i) at each access to any space where a fuel-burning cooking, heating or refrigerating appliance is fitted,

(ii) at the entrance to any accommodation space, and

(iii) at the entrance to the engine room space;

(e) two axes; and

(f) four buckets, each with a capacity of 10 L or more.

(4) Distress equipment shall consist of

(a) a watertight flashlight; and

(b) twelve pyrotechnic distress signals of Type A, B, C or D, not more than six of which are of Type D.

(5) Navigation equipment shall consist of

(a) two sound-signalling appliances, as specified in the Collision Regulations; and

(b) navigation lights that meet the applicable standards set out in the Collision Regulations. SOR/99-54, s. 2; SOR/2000-311, s. 4.

Personal Flotation Devices

16.07 (1) A personal flotation device shall be of the inherently buoyant type if

(a) the pleasure craft is a personal watercraft;

(b) the pleasure craft is used in white water paddling; or

(c) the personal flotation device is to be worn by a person less than 16 years of age or weighing less than 36.3 kg.

(2) Subject to subsection (3), a personal flotation device may be of an inflatable type if

(a) it is worn in any open boat; or

(b) it is worn by a person in any boat that is not open while the person is on deck or in the cockpit, or it is readily available to the person when the person is below deck.

(3) A personal flotation device that is fitted with an automatic inflator shall not be used by a person on a sailboard. SOR/99-54, s. 2; SOR/2003-40, s. 2.

Exception Regarding Requirement for Personal Flotation Devices and Lifejackets

16.08 A pleasure craft is not required to carry a personal flotation device or lifejacket

(a) of appropriate size for any infant who weighs less than 9 kg or person whose chest size exceeds 140 cm; or

(b) for any person who ordinarily resides in a country other than Canada, where the person brings aboard the pleasure craft a wearable personal flotation device or lifejacket of appropriate size that the person has brought into Canada for the person's use while in Canada and that conforms to the laws of that country. SOR/99-54, s. 2.

Exception Regarding Requirement for Bailers and Manual Water Pumps

16.09 A bailer or manual water pump is not required for any pleasure craft that is

(a) a self-bailing sealed hull sailing vessel fitted with a recess-type cockpit that cannot contain a sufficient quantity of water to make the vessel capsize; or

(b) a multi-hull vessel that has subdivided multiple-sealed hull construction. SOR/99-54, s. 2.

Exception Regarding Requirement for Distress Equipment

16.1 Pyrotechnic distress signals are not required for any pleasure craft that

(a) is operating in a river, canal or lake in which it can at no time be more than one mile from shore; or

(b) is engaged in an official competition or in final preparation for an official competition and has no sleeping arrangements. SOR/99-54, s. 2; SOR/2000-311, s. 5(F).

Exception for Racing Canoes, Racing Kayaks and Rowing Shells

16.2 (1) A pleasure craft that is a racing canoe or a racing kayak is not required to carry personal protection equipment, boat safety equipment and distress equipment in accordance with subsections 16.02(2) to (4), 16.03(2) to (4), 16.04(2) to (4), 16.05(2) to (4) or 16.06(2) to (4) if it and its crew are engaged in formal training, in an official competition or in final preparation for an official competition and

(a) it is attended by a safety craft carrying a personal flotation device or lifejacket of appropriate size for each member of the crew

(i) of the pleasure craft, if the safety craft is only attending the pleasure craft, or

(ii) of the largest vessel being attended, if the safety craft is attending more than one vessel; or

(b) it carries

(i) a personal flotation device or lifejacket of appropriate size for each member of the crew,

(ii) a sound-signalling device, and

(iii) if it is operated after sunset and before sunrise, a watertight flashlight.

(2) A pleasure craft that is a rowing shell is not required to carry personal protection equipment, boat safety equipment and distress equipment in accordance with subsections 16.02(2) to (4), 16.03(2) to (4), 16.04(2) to (4), 16.05(2) to (4) or 16.06(2) to (4) if

(a) it is competing in a provincially, nationally or internationally sanctioned regatta or competition or is engaged in training at the venue at which such a regatta or competition is taking place; or

(b) the requirements referred to in paragraph (1)(a) or (b) are met. SOR/99-54, s. 2; SOR/2000-311, s. 6.

Alternative Equipment for Racing-type Pleasure Craft

16.3 A racing-type pleasure craft, other than a racing canoe, racing kayak or rowing shell, that is engaged in formal training, in an official competition or in final preparation for an official competition and that is operated under conditions of clear visibility and attended by a safety craft may carry, instead of the equipment prescribed by this Part, the safety equipment that is required under the rules of the applicable governing body. SOR/99-54, s. 2; SOR/2000-311, s. 6.

PART III
CONFORMITY PLATES, CAPACITY PLATES AND SINGLE VESSEL PLATES

Interpretation

17. The definitions in this section apply in this Part.

"length", in respect of a pleasure craft, means the length of the hull as measured in accordance with the construction standards. (longueur)

"Minister" means the Minister of Fisheries and Oceans. (ministre) SOR/78-843, s. 3; SOR/80-191, s. 6; SOR/99-54, s. 2.

Application

18. (1) Subject to subsection (2), this Part applies in respect of every pleasure craft that is built in Canada or imported into Canada in order to be sold or used in Canada.

(2) This Part does not apply in respect of a pleasure craft that is kept in Canada for a period of less than 45 days a year if it complies with any licensing, registration and documentation requirements of the country in which it is ordinarily kept. SOR/78-843, s. 4; SOR/80-191, s. 7; SOR/80-443, s. 3; SOR/99-54, s. 2.

General Prohibitions and Requirements

19. Subject to subsection 23(2),

(a) no person shall operate a pleasure craft, and no owner or other person entrusted by an owner with the care and control of a pleasure craft shall allow another person to operate the pleasure craft, unless it has the applicable plate attached to it and is marked with a hull identification number in accordance with section 25.1; and

(b) every manufacturer or importer of a pleasure craft, before the initial transfer of ownership of the pleasure craft, and every subsequent owner, shall ensure that the pleasure craft has the applicable plate attached to it and is marked with a hull identification number in accordance with section 25.1. SOR/78-843, s. 5; SOR/80-191, s. 8; SOR/80-443, s. 4; SOR/82-837, s. 1; SOR/99-54, s. 2.

Requirement for Conformity Plate

20. Subject to subsection 21(4), every pleasure craft that is capable of being fitted with an engine, other than a pleasure craft described in section 21, shall have permanently attached to it, in a conspicuous position plainly visible from the helm, a conformity plate and shall meet the requirements of the construction standards as they read on the day that the plate was issued. SOR/78-843, s. 6; SOR/80-191, s. 9; SOR/82-837, s. 2; SOR/86-95, s. 1; SOR/99-54, s. 2; SOR/2000-311, s. 7.

Requirement for Capacity Plate or Single Vessel Plate

21. (1) A pleasure craft shall have permanently attached to it, in a conspicuous position plainly visible from the helm, a capacity plate and shall meet the requirements of the construction standards as they read on the day that the plate was issued, if the pleasure craft

(a) is not over 6 m in length;

(b) is fitted either with a propulsion engine of at least 7.5 kW or with the facilities to install an outboard engine with an engine power of at least 7.5 kW, or two or more outboard engines with an engine power totalling at least 7.5 kW; and

(c) is serially produced.

(d) [Repealed, SOR/2000-311, s. 8]

(2) Every pleasure craft of any length that is described in paragraph (1)(b) and is not serially produced shall have permanently attached to it, in a conspicuous position plainly visible from the helm, a single vessel plate and shall meet the requirements of the construction standards as they read on the day that the plate was issued.

(3) [Repealed, SOR/2000-311, s. 8]

(4) A pleasure craft to which a capacity plate or a single vessel plate is attached is not required to have a conformity plate attached to it. SOR/78-843, s. 7; SOR/80-191, s. 10; SOR/82-837, s. 3; SOR/99-54, s. 2; SOR/2000-311, s. 8.

Application Procedure for Obtaining Plates

22. (1) A manufacturer or importer, in order to obtain a conformity plate or a capacity plate, shall submit an application in writing to the Minister, accompanied by any applicable fee and a statutory declaration that meets the requirements of subsection (2).

(2) A statutory declaration shall

(a) be in a form issued by the Minister;

(b) be signed by the manufacturer or importer if the manufacturer or importer is a Canadian resident, or by a representative of the manufacturer or importer who is a Canadian resident, in any other case;

(c) be witnessed by a person authorized to administer oaths under the laws of Canada or a province; and

(d) attest that the pleasure craft meets the requirements of the construction standards.

(3) An owner, in order to obtain a single vessel plate for a pleasure craft referred to in subsection 21(2), shall submit an application in writing to the Minister, accompanied by any applicable fee and a statement that the owner has verified the construction of the vessel and that to the best of the owner's knowledge the vessel meets the requirements of the construction standards. SOR/80-443, s. 5; SOR/82-837, s. 4; SOR/99-54, s. 2; SOR/2000-311, s. 9.

(4) [Repealed, SOR/2000-311, s. 9]

Issuance of Plates

23. (1) If a manufacturer, importer or owner applies for a plate in accordance with section 22, the Minister shall issue

(a) in respect of a pleasure craft described in section 20, a conformity plate that is marked to show the vessel type and serial number, the manufacturer, and the compliance of the pleasure craft with the construction standards;

(b) in respect of a pleasure craft described in subsection 21(1), a capacity plate that is marked to show the vessel type and serial number, the manufacturer and the compliance of the pleasure craft with the construction standards, and that indicates

(i) the recommended maximum gross load capacity for the pleasure craft,

(ii) the recommended maximum number of persons that the pleasure craft may carry,

(iii) if the pleasure craft has an outboard motor, the recommended maximum safe limits of engine power, and

(iv) any circumstances under which an exemption to the limits referred to in subparagraph (iii) may apply; and

(c) in respect of a pleasure craft referred to in subsection 21(2), a single vessel plate that is marked to show the vessel type and serial number, the manufacturer and the compliance of the pleasure craft with the construction standards, and that, in the case of a pleasure craft that is not over 6 m in length, indicates

(i) the recommended maximum gross load capacity for the pleasure craft,

(ii) the recommended maximum number of persons that the pleasure craft may carry,

(iii) where the pleasure craft has an outboard motor, the recommended maximum safe limits of engine power, and

(iv) any circumstances under which an exemption to the limits referred to in subparagraph (iii) may apply.

(d) [Repealed, SOR/2000-311, s. 10]

(2) A pleasure craft is not required to have a plate affixed to it if

(a) an application has been made for the plate in accordance with section 22;

(b) the person who made the application is in possession of a document issued by the Minister confirming that the application has been made and that the plate is about to be issued; and

(c) the person has not yet received the plate. SOR/99-54, s. 2; SOR/2000-311, s. 10.

Prohibitions

24. No person shall

(a) except in accordance with subsection 25(2), remove a plate;

(b) alter or otherwise tamper with a plate;

(c) supply to any other person a label or marking that is not a plate and that purports to be a plate; or

(d) attach to a pleasure craft a label or marking that is not a plate and that purports to be a plate. SOR/80-191, s. 12; SOR/82-837, s. 5; SOR/87-593, s. 1; SOR/99-54, s. 2.

Application for New Plate after Modification of Pleasure Craft

25. (1) If a pleasure craft has been modified in such a way that the information on the plate may no longer be correct, the manufacturer, importer or owner shall apply for a new plate, in accordance with section 22.

(2) A manufacturer, importer or owner who applies for a new plate for a pleasure craft shall remove the existing plate and submit it with the application. SOR/78-843, s. 8; SOR/80-191, s. 13; SOR/82-837, s. 6; SOR/87-593, s. 2; SOR/95-536, s. 4; SOR/99-54, s. 2.

Hull Identification Number

25.1 (1) Every pleasure craft that is manufactured in Canada, or imported into Canada, after August 1, 1981 shall be permanently marked with a hull identification number in accordance with the construction standards as they read on the date of manufacture or importation, as the case may be.

(2) If a hull identification number can no longer be obtained from the manufacturer of a pleasure craft or if a pleasure craft is home-built, the Minister shall issue a hull identification number for identification purposes.

(3) No person shall remove, alter or otherwise tamper with a hull identification number. SOR/80-443, s. 6; SOR/82-837, s. 7; SOR/94-374, s. 3; SOR/95-536, s. 4; SOR/99-54, s. 2; SOR/2000-311, s. 11.

PART IV
REQUIREMENTS FOR PASSENGER CARRYING VESSELS NOT OVER FIVE TONS

Application

26. This Part applies to vessels other than pleasure craft, if such vessels are not over five tons gross tonnage and carry not more than 12 passengers.

Safety Briefing

26.1 (1) Before a vessel leaves any place where passengers embark, the person in charge of the vessel shall brief all passengers in either or both of the official languages, as needed, respecting the safety and emergency procedures that are relevant to the type and length of the vessel, including

(a) the location of lifejackets;

(b) the location of survival craft;

(c) for passengers in each area of the vessel, the location of lifejackets and survival craft that are closest to them;

(d) the location and use of personal protection equipment, boat safety equipment and distress equipment;

(e) the safety measures to be taken, including those relating to the protection of limbs, the avoidance of ropes and docking lines and the effect of the movement and grouping of passengers on the stability of the vessel; and

(f) the prevention of fire and explosions.

(2) The person in charge of the vessel shall, during a safety briefing, demonstrate how to put on each type of lifejacket carried on board the vessel. SOR/2002-171, s. 8.

Not over 5.5 m in Length

27. (1) Every vessel not over 5.5 m in length shall carry

(a) one approved standard lifejacket or approved small vessel lifejacket for each person on board;

(b) two oars and rowlocks or two paddles;

(c) one bailer or one manual pump;

(d) one Class B I fire extinguisher; and

(e) one of the following throwable devices, namely,

(i) an approved life-saving cushion,

(ii) a buoyant heaving line of not less than 15 m in length, or

(iii) an approved 610 mm or 762 mm lifebuoy.

(2) The permanently fitted navigation lights on every vessel not over 5.5 m in length shall meet the requirements of the Collision Regulations for those lights. SOR/78-843, s. 9; SOR/80-191, s. 14; SOR/80-443, s. 7; SOR/99-54, s. 3.

Over 5.5 m and not over 8 m in Length

28. (1) Every vessel over 5.5 m and not over 8 m in length shall carry

(a) one approved standard lifejacket for each person on board;

(b) two oars and rowlocks, two paddles, or one anchor with not less than 15 m of cable, rope or chain;

(c) one bailer or one manual pump;

(d) one Class B I fire extinguisher;

(e) six approved pyrotechnic distress signals of which at least three shall be of Type A, B or C; and

(f) one of the following throwable devices, namely,

(i) an approved life saving cushion,

(ii) a buoyant heaving line of not less than 15 m in length, or

(iii) an approved 610 mm or 762 mm lifebuoy.

(2) The permanently fitted navigation lights on every vessel over 5.5 m and not over 8 m in length shall meet the requirements of the Collision Regulations for those lights. SOR/78-843, s. 10; SOR/80-191, s. 15; SOR/80-443, s. 8; SOR/99-54, s. 4.

Over 8 m in Length

29. (1) Every vessel over 8 m in length shall carry

(a) one approved standard lifejacket for each person on board;

(b) one approved 762 mm diameter lifebuoy with not less than 9 m of rope attached;

(c) one bailer and one manual pump;

(d) six approved pyrotechnic distress signals of any type and six approved pyrotechnic distress signals of Type A, B or C;

(e) one anchor with not less than 15 m of cable, rope or chain;

(f) one Class B II fire extinguisher.

(g) [Repealed, SOR/78-843, s. 11]

(2) Every vessel over 8 m in length shall be fitted with navigation lights and sound-signalling appliances that permit the vessel to comply with the Collision Regulations. SOR/78-843, s. 11; SOR/80-191, s. 16; SOR/80-443, s. 9; SOR/99-54, s. 5.

PART V
REQUIREMENTS FOR POWER-DRIVEN VESSELS NOT OVER FIFTEEN TONS THAT DO NOT CARRY PASSENGERS AND ARE NOT PLEASURE CRAFT OR FISHING VESSELS

Application

30. This Part applies to power-driven vessels not over 15 tons gross tonnage if such vessels do not carry passengers and are not pleasure craft or fishing vessels.

Not over 5.5 m in Length

31. (1) Every vessel not over 5.5 m in length shall carry

(a) one approved standard lifejacket or approved small vessel lifejacket for each person on board;

(b) two oars and rowlocks or two paddles;

(c) one bailer or one manual pump;

(d) one Class B I fire extinguisher; and

(e) one of the following throwable devices, namely,

(i) an approved life-saving cushion,

(ii) a buoyant heaving line of not less than 15 m in length, or

(iii) an approved 610 mm or 762 mm lifebuoy.

(2) The permanently fitted navigation lights on every vessel not over 5.5 m in length shall meet the requirements of the Collision Regulations for those lights. SOR/78-843, s. 12; SOR/80-191, s. 17; SOR/99-54, s. 6.

Over 5.5 m and not over 8 m in Length

32. (1) Every vessel over 5.5 m and not over 8 m in length shall carry

(a) one approved standard lifejacket or approved small vessel lifejacket for each person on board;

(b) two oars and rowlocks, two paddles, or one anchor with not less than 15 m of cable, rope or chain;

(c) one bailer or one manual pump;

(d) one Class B I fire extinguisher;

(e) six approved pyrotechnic distress signals of which at least three shall be of Type A, B or C; and

(f) one of the following throwable devices, namely,

(i) an approved life saving cushion,

(ii) a buoyant heaving line of not less than 15 m in length, or

(iii) an approved 610 mm or 762 mm lifebuoy.

(2) The permanently fitted navigation lights on every vessel over 5.5 m and not over 8 m in length shall meet the requirements of the Collision Regulations for those lights. SOR/78-843, s. 13; SOR/80-191, s. 18; SOR/80-443, s. 10; SOR/99-54, s. 7.

Over 8 m and not over 12 m in Length

33. (1) Every vessel over 8 m and not over 12 m in length shall carry

(a) one approved standard lifejacket or approved small vessel lifejacket for each person on board;

(b) one approved 762 mm diameter lifebuoy with not less than 9 m of rope attached;

(c) six approved pyrotechnic distress signals of any type and six approved pyrotechnic distress signals of Type A, B or C;

(d) one bailer and one manual or power-driven bilge pump;

(e) one anchor with not less than 15 m of cable, rope or chain;

(f) one fire bucket;

(g) one Class B I fire extinguisher;

(h) if equipped with a cooking or heating appliance that burns liquid or gaseous fuel, one additional Class B I fire extinguisher.

(i) [Repealed, SOR/78-843, s. 14]

(2) Every vessel over 8 m and not over 12 m in length shall be fitted with navigation lights and sound-signalling appliances that permit the vessel to comply with the Collision Regulations. SOR/78-843, s. 14; SOR/80-191, s. 19; SOR/80-443, s. 11; SOR/99-54, s. 8.

Over 12 m in Length

34. (1) Every vessel over 12 m in length shall carry

(a) one approved standard lifejacket or approved small vessel lifejacket for each person on board;

(b) one approved 762 mm diameter lifebuoy with not less than 9 m of rope attached;

(c) buoyant apparatus that meet the applicable standards set out in the Life Saving Equipment Regulations, sufficient to support all of the persons on board;

(d) six approved pyrotechnic distress signals of any type and six approved pyrotechnic distress signals of Type A, B or C;

(e) one anchor with not less than 15 m of cable, rope or chain;

(f) two fire buckets;

(g) one manual or power-driven pump located outside the machinery space with one fire hose and nozzle whereby a jet of water can be directed into any part of the vessel;

(h) two Class B II fire extinguishers, one of which shall be located adjacent to the entrance to the accommodation space, if any, and the other adjacent to the entrance to the machinery space;

(i) if equipped with a cooking or heating appliance that burns liquid or gaseous fuel, one additional Class B II fire extinguisher;

(j) one fire axe; and

(k) efficient bilge pumping arrangements.

(2) Every vessel over 12 m in length shall be fitted with navigation lights and sound-signalling appliances that permit the vessel to comply with the Collision Regulations. SOR/78-843, s. 15; SOR/80-191, s. 20; SOR/80-443, s. 12; SOR/99-54, s. 9.

Additional Requirements for Vessels Built or Converted for Pushing or Pulling any Floating Object

35. (1) Subject to subsection (2), in addition to the other requirements of this Part, a vessel of more than five tons, gross tonnage, built or converted for the purpose of pushing or pulling any floating object shall carry,

(a) where the vessel is fitted with a wheelhouse, two approved standard lifejackets or two approved small vessel lifejackets in the wheelhouse; and

(b) where the number of persons on board the vessel is two or more, one approved inflatable life raft of sufficient capacity to accommodate all the persons on board.

(2) Subsection (1) does not apply to a vessel that, when used for pushing or pulling any floating object, is so used only for the purpose of salvaging logs.

(3) Notwithstanding section 34, a vessel over 12 m in length that carries an inflatable life raft of the kind described in paragraph (1)(b) is not required to carry a buoyant apparatus of the kind described in paragraph 34(1)(c). SOR/80-191, s. 21; SOR/99-54, s. 10.

PART VI
SAFETY PRECAUTIONS

Application

36. This Part applies to small vessels that are operating in Canada. SOR/99-54, s. 11.

Prohibitions

Engines

37. (1) Subject to subsection (2), no person shall operate a power-driven vessel, and no person shall permit another person to operate such a vessel,

(a) unless it is equipped with a muffler that is in good working order and that is in operation at all times while the vessel is in use to prevent excessive or unusual noise; or

(b) if it is equipped with a muffler cut-out or by-pass, unless the muffler cut-out or by-pass is visibly disengaged in such a manner as to ensure that, while the vessel is in use, its exhaust gases are directed through the muffler or under water and that the muffler cut-out or by-pass cannot be engaged accidentally.

(2) Subsection (1) does not apply in respect of any small vessel

(a) that was constructed before January 1, 1960;

(b) that is engaged in an official competition or in formal training or final preparation for an official competition;

(c) that is powered by an outboard or an inboard/outboard drive system that is not equipped with a muffler, if the exhaust gases are directed under water through the propeller hub or below the cavitation plate;

(d) that is operated five or more miles from shore;

(e) that derives its propulsion from an aircraft-type propeller operating in an air medium or from gas turbines; or

(f) that is not a pleasure craft and is equipped with a noise abatement mechanism that is in use when the small vessel is within five miles from shore. SOR/78-843, s. 16; SOR/99-54, s. 11; SOR/2003-40, s. 3.

Fuelling

38. (1) No person shall install any fixed fuel tank or fixed fuel line in a small vessel, maintain the tank or line, or fuel the vessel, in a manner that permits or is likely to permit

(a) leakage of fuel; or

(b) spillage of fuel into the hull.

(2) No person shall knowingly allow leakage of fuel within or from a small vessel.

(3) No person shall fuel a pleasure craft that is at dockside or beached, or any other small vessel that is at dockside, where the craft or vessel is fitted with

(a) a portable fuel tank, unless the tank is removed from it; or

(b) a fixed fuel tank, when any person other than the person who is fuelling it is on board.

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

(5) No person shall install below deck or enclose by boxing on any small vessel an inboard engine that uses gasoline as a fuel unless the carburator is fitted with flame arrestors. SOR/78-843, s. 17; SOR/99-54, s. 11.

Engine Start-up

39. No person shall start up a gasoline-powered small vessel unless the engine space blower has been operated for a period of not less than four minutes immediately before the start-up. SOR/99-54, s. 11.

Fuel-Burning Appliances or Systems

40. (1) No person shall install a fuel-burning appliance or system in a small vessel except in accordance with the manufacturer's recommended practices.

(2) No person shall install a fuel-burning appliance or system using gaseous fuel, liquefied petroleum gas, compressed natural gas or naphtha, or carry such an appliance or system, in any small vessel that is carrying passengers.

(3) No person shall install a fuel-burning appliance or system using gaseous fuel, liquefied petroleum gas, compressed natural gas or naptha in any small vessel in a manner that permits or is likely to permit ingress or trapping of the gas, fuel or naphtha below deck. SOR/99-54, s. 11.

Small Vessel Towing Activities

41. (1) Subject to subsection (2), no person shall operate a small vessel while towing any person on the water or in the air,

(a) unless there is on board a person other than the operator, who is keeping watch on the person being towed;

(b) unless there is seating space on the small vessel to accommodate the person being towed;

(c) if the person being towed is not wearing a personal flotation device or lifejacket, unless the small vessel carries the personal protection equipment that would be required under Part II if the person were on board; and

(d) during the period beginning one hour after sunset and ending at sunrise.

(2) Subsection (1) does not apply in respect of a small vessel that is being operated during formal training, in an official competition or in a skill demonstration, if the vessel meets the safety requirements of a governing body respecting such training, competitions or demonstrations. SOR/99-54, s. 11.

Remote-Control Vessels and Propeller-driven Surfboards

42. No person shall

(a) tow themselves by a small vessel that is operated with a remote-control; or

(b) operate a propeller-driven surfboard-type craft. SOR/99-54, s. 11.

Prohibition against Careless Operation

43. No person shall operate a small vessel in a careless manner, without due care and attention or without reasonable consideration for other persons. SOR/99-54, s. 11; SOR/2000-311, s. 12.

PART VII
POWERS OF ENFORCEMENT OFFICERS

44. In this Part, "enforcement officer" means a person designated under section 45. SOR/99-54, s. 11.

45. The following persons are designated as enforcement officers for the purpose of these Regulations:

(a) a member of the Royal Canadian Mounted Police;

(a.1) a steamship inspector;

(b) a member of any harbour or river police force;

(c) a member of any provincial, county or municipal police force; and

(d) any person designated as an enforcement officer for the purposes of these Regulations by the Minister of Fisheries and Oceans. SOR/99-54, s. 11; SOR/2002-171, s. 9.

46. An enforcement officer may, in order to verify and ensure compliance with these Regulations,

(a) go on board a vessel;

(b) examine a vessel and its equipment;

(c) require that the owner or the master or other person who is in charge or appears to be in charge of the vessel produce, forthwith,

(i) personal identification, and

(ii) any licence, document or plate required by these Regulations; and

(d) ask any pertinent questions of, and demand all reasonable assistance from, the owner or the master or other person who is in charge or appears to be in charge, of the vessel. SOR/99-54, s. 11; SOR/2002-171, s. 10.

47. (1) Subject to subsection (2), an enforcement officer may, in order to ensure compliance with these Regulations or in the interests of public safety, direct or prohibit the movement of vessels or direct the operator of a vessel to stop it.

(2) Except in an emergency, an enforcement officer shall not give a direction under subsection (1) that is contrary to an order given by the person in charge of monitoring marine traffic, without the prior consent of that person, in respect of a vessel when it is in any of the following waters:

(a) the Seaway, as defined in subsection 2(1) of the Canada Marine Act;

(b) a public port, as defined in subsection 2(1) of the Canada Marine Act;

(c) a port that is under the jurisdiction of a port authority as defined in subsection 2(1) of the Canada Marine Act; and

(d) a Vessel Traffic Services Zone referred to in sections 562.16 and 562.18 of the Act. SOR/99-54, s. 11; SOR/2002-171, s. 10.

48. Every person shall comply with the requirements of an enforcement officer in the course of carrying out duties and functions under these Regulations. SOR/99-54, s. 11.

PART VIII
ACCIDENT REPORTING

49. (1) This section applies in a province where the government of the province has reached an agreement with the Minister of Fisheries and Oceans in respect of pleasure craft accident reporting procedures and where a notice confirming that agreement has been published in the Canada Gazette.

(2) If a pleasure craft is involved in an accident that results in injury to a person that requires medical treatment beyond first aid but not admittance to a hospital, or that causes property damage estimated at more than $2,500, the person responsible for the care and control of the pleasure craft shall complete a Boating Accident Report Form and forward it to the Office of Boating Safety of the Canadian Coast Guard, not later than 14 days after the accident.

(3) If a pleasure craft is involved in an accident that results in a fatality, injury to a person that requires admittance to a hospital, or property damage greater than $5,000 resulting from fire, an explosion or collision with another vessel or other floating or fixed structure, the person responsible for the care and control of the pleasure craft shall report the accident to the local police authority as soon as possible. SOR/99-54, s. 11.

PART IX
OFFENCES AND PENALTIES

50. Every person who fails to comply with, or contravenes, any provision of Part I of these Regulations is liable on summary conviction to a fine of $250. SOR/99-54, s. 11.

SCHEDULE I
(s. 9)
TONNAGE READY MEASUREMENT FORMULA

For Small Craft Exempt from Registry

1. For the purpose of an application for a vessel licence pursuant to these Regulations, the register tonnage of a small vessel may be computed in accordance with the provisions of this Schedule.

Gross Tonnage

2. The gross tonnage is the tonnage of the hull plus the tonnage of the superstructure, if any.

Register (Net) Tonnage

3. The register tonnage is the gross tonnage less the allowance for engine space.

Hull

4. The tonnage of the hull is computed as follows, all measurements being in metres:

Superstructure

5. The tonnage of any closed in erection above the deck line is computed as follows, all measurements being in metres:

Engine Space

6. The allowance for engine space is computed as follows, all measurements being in metres:

SOR/80-191, ss. 29 to 31; 1987, c. 7, s. 84(F).

SCHEDULE II

[Repealed,SOR/2002-171, s. 11]