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Chapter 1
Application – A Higher Standard of Care
Passengers and crews on small commercial vessels expect to arrive home
safely. They expect that the operator has taken steps to ensure the vessel
is safe and that the crew is trained to deal with emergencies. The regulations
that apply specifically to your situation will depend on whether your
vessel is commercial (non-pleasure), a fishing vessel, a special purpose
vessel, or recreational (pleasure craft).
Regulations for commercial vessels are progressive in relation to the
risk associated with the type and use of vessels. Requirements to safeguard
a vessel and its occupants increase as risk increases. As the vessel size,
number of passengers, operating area, and environmental risk factors increase,
more stringent requirements are added to mitigate these risks. For example,
less stringent requirements apply to small commercial vessels navigating
sheltered waterways as opposed to vessels used at sea. Sea-going vessels
require enhanced safety equipment, construction standards, and operator
certification.
The regulations that apply specifically to your situation will depend on:
- Whether your vessel is commercial (non-pleasure craft) or recreational
(pleasure craft);
- Area of operation, or voyage class;
- Environmental conditions including operating season;
- Type of vessel;
- Vessel size; and
- Whether your vessel carries passengers, as well as the number of passengers.
WHAT IS A NON-PLEASURE CRAFT?
^
A non-pleasure or commercial craft is a vessel charging for service,
including the carriage of passengers. In most cases it is easy to distinguish
a non-pleasure craft from a pleasure craft based on its use. If you are
profiting in any way by transporting cargo or passengers, you are operating
a non-pleasure craft.
A fare does not have to be paid for a person to be considered a passenger.
Any type of business relationship between you and the person on board,
where you receive any form of payment or profit for the use of the vessel,
even if not directly from the persons carried, makes your vessel a non-pleasure
craft.
Passengers or Guests
The Canada
Shipping Act makes a distinction between passengers and guests:
non-pleasure craft carry passengers; pleasure craft carry guests. If a
person is onboard your vessel for recreational reasons, he or she will
be considered a guest. However, if that person is carried on your vessel
to gain payment or for any object of profit, he or she is a passenger.
If you are carrying one or more passengers, regardless of the frequency,
your vessel is a commercial vessel, not a pleasure craft, and you will
be required to comply with the rules and regulations governing non-pleasure
craft carrying passengers.
If a person is voluntarily sharing expenses with you, such as the cost
of fuel or rental costs, and the vessel is used for recreational purposes
only, the person will be considered a guest and the vessel will be defined
as a pleasure craft. However, the sharing of expenses cannot be used as
a means of circumventing the law.
Chartered Vessel
A chartered vessel may or may not be a commercial vessel. A chartered
vessel is a recreational vessel, if under the ship charter agreement,
the charterer has complete possession and control of the entire vessel,
including the right to appoint its master and crew, and the vessel is
only used for recreational purposes.
Fishing Vessels
Small fishing vessels have their own regulations covering construction
and inspection. While this booklet contains information of a general safety
nature that can be applied to fishing vessels, the focus of this guide
is small, non-pleasure vessels other than fishing vessels. Owners and
operators of fishing vessels should consult the Small
Fishing Vessel Inspection Regulations. The Small
Fishing Vessel Safety ManualTP 10038 available on line and from Marine Safety Offices is a useful
reference.
Examples of Non-Pleasure Craft (Commercial) and Pleasure Craft (Recreational)
Non-Pleasure Craft
- Vessels transporting cargo for profit.
- Vessels carrying passengers.
- Vessels rented with a crew.
- A guided charter fishing vessel.
Pleasure Craft
- Privately owned vessels used for recreational purposes.
- A privately owned vessel used to entertain your guests.
- Rented vessels used for recreational purposes where friends are invited and contribute money for expenses.
- Vessel used to transport persons or goods as a favour.
- Vessel used as an essential means of transportation.
- Vessel provided with a rented cottage.
- Vessel occasionally chartered or rented out by owner to third parties
for recreational purposes. Rental does not include crew.
- A rental vessel operated by the individual renting the vessels (no
crew), including the period when an ‘orientation skipper’
is on board.
- Kayak, canoe, or personal watercraft (e.g., jet ski) lesson.
Special Situations
Contact a Transport Canada Centre for more information.
- Power or sail boating school with a contract in place for instruction only.
- Watercraft training vessels with a contract in place for instruction only.
VOYAGE CLASSIFICATIONS ^
A voyage classification will be assigned to your vessel according to
your area of operation. Environmental and other voyage restrictions may
be specified in your vessel’s inspection certificate.
In general, safety requirements will increase as risk factors associated
with the voyage classification increase. As an example, vessels that operate
far from shore and others that may encounter rough sea conditions will
have more stringent requirements than vessels operating close to shore
and on sheltered waters.
Most small vessels operate in Home Trade III or IV, Inland Waters, or
Minor Waters. Please refer to the Home
Trade, Inland and Minor Waters Voyages Regulations or contact
the nearest Transport Canada Centre for more information.
MORE INFORMATION ^
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