Canada Gazette

Canada Shipping Act, 2001, Arctic Waters Pollution Prevention Act and Department of Transport Act

The proposed Regulations Amending the Collision Regulations and the Canal Regulations (the Regulations) are part of the modernization of the Canada Shipping Act, 2001 (CSA 2001). They would replace and clarify some of the requirements that are provided for in the existing Collision Regulations and would amend the existing Canal Regulations so that they refer to the correct title of the Collision Regulations in both official languages.

The Collision Regulations provide uniform measures to ensure the safe conduct of vessels by giving effect to the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG Convention), while including elements specific to the Canadian context. These Regulations describe rules of general conduct specific to the navigational, steering and sailing rules, navigational lights and shapes to be displayed, and the sound and light signals to be used by every Canadian vessel, as well as pleasure craft and foreign vessels in Canadian waters in order to avoid a collision situation.

This section would be replaced in its entirety. Some definitions are no longer required or are contained in the new CSA 2001, and other changes are required to provide concordance with the CSA 2001 terminology. As an example, the French version of the CSA 2001 uses the word "bâtiment"/"vessel," whereas the French version of the COLREG Convention uses the word "navire"/"ship." Subsection 2(2) of the proposed Regulations provides further clarification for the word "ship" to be read as "vessel" in the existing Collision Regulations.

A new definition of Canadian pleasure craft is being proposed, as the definition of "Canadian vessel" in the CSA 2001 does not include pleasure craft.

The Collision Regulations would no longer apply to foreign vessels or foreign ocean data acquisition systems (ODAS) in Canada's Exclusive Economic Zone (EEZ) since the CSA 2001 no longer contains the legislative authority to regulate foreign vessels in the EEZ for the purpose of collision avoidance.

This proposed new section identifies the persons responsible for ensuring that the requirements of the Collision Regulations are met as being the authorized representatives of every vessel as well as the master of every Canadian vessel; the owner, operator, charterer and person in charge of every pleasure craft, or seaplane; and the owner of every ODAS.

Section 5 — Proof of Compliance — Lights, Shapes, Sound-signaling Appliances and Radar Reflectors

The definition of "proof of compliance" would no longer be included in the interpretation section of the Collision Regulations. Instead, section 5 would be amended to create a substantive requirement that excludes pleasure craft from the requirement to carry a proof of compliance. In addition, proof of compliance would be required to ensure that the light, shape, sound-signalling appliance and radar reflector meet the applicable standards.

Section 6 — Standards — Lights, Shapes, Sound-signalling Appliances and Radar Reflectors

This proposed section would replace the provisions currently found in section 4 (Standards) of the existing Collision Regulations. Section 6 would reference the standards set out in Schedule 1 to the existing Collision Regulations and its Annexes and, as such, would maintain the status quo. It also proposes to include the testing standards to be used for lights, shapes, sound-signalling appliances and radar reflectors where the proof of compliance is to be issued in Canada. In addition, this section would include the grandfathering provision currently found in Rule 38(k) of Schedule 1 to the existing Collision Regulations.

Subsection 562.13(2) of the former Canada Shipping Act (CSA) permitted the issuance of instructions or directions through the promulgation of Notices to Mariners and Notices to Shipping. These notices are incorporated by reference in Rules 6(e) and 43(e) of Schedule 1 to the existing Collision Regulations. As the CSA 2001 does not specifically refer to these types of notices, section 7 of the proposed Regulations would outline the criteria under which instructions and directions may be issued. This would maintain the status quo.

The Collision Regulations replicate the Rules of the COLREG Convention and include Canadian Modifications to those Rules. The proposed Regulations include amendments to those Canadian Modifications.

The proposed amendments clarify the Canadian Modifications to Rule 10 of the COLREG Convention traffic separation schemes. It is proposed that the Canadian Modifications to Rule 10 of the COLREG Convention be rewritten for clarity. As well, it is proposed that the requirement in subsection 562.13(1) of the former CSA, requiring vessels to comply with the International Maritime Organization's (IMO) mandatory routing systems, be included in Rule 10(m) of Schedule 1 to the Regulations. The IMO publication Ships' Routeing would be the reference document for the routing systems and traffic separation schemes in order to remove the requirement to describe these routing systems and schemes in Annual Notices to Mariners. Power-driven vessels over 20 m in length would be required to use IMO recommended traffic separation schemes and their associated routing systems. It is proposed that the traffic separation schemes or routing systems requirements set out in Rule 10(n) or (o) of Schedule 1 to the proposed Regulations do not apply if there are compelling reasons and the reasons are recorded in the vessel's logbook.

The proposed Amendments clarify the Canadian Modifications to Rule 24 of the COLREG Convention addressing lighting requirements when towing and pushing. The existing requirements contained in paragraphs 24(j), (k), (l), and (m) would be contained in a more concise new Rule 24(j) in Schedule 1 to the Collision Regulations.

Under the proposed Regulations, barges being pushed ahead would only be required to comply with international requirements (with the addition of a special flashing light when in the Great Lakes Basin).

Rule 33 — Equipment and Sound Signals and Rule 35 — Sound Signals in Restricted Visibility

In order to clarify the intent of these Rules, it is proposed that the expression "built or converted" be replaced by the expression "ordinarily used."

Vessels less than 12 m in length would no longer be required to give a sound signal to indicate that they are leaving a dock or berth. This proposed amendment reflects the practical considerations for vessel size and carriage requirements and, as such, this requirement would now be directed only at larger vessels given that they are less manoeuvrable and may not have visual contact with nearby vessels.

The industry was concerned that the use of radiotelephones for reaching agreement in meeting, crossing and overtaking situations without first making positive mutual identification would increase the risk of collision. It is proposed that Rule 34(l) of Schedule 1 to the existing Collision Regulations be amended to ensure that positive mutual identification is made in these situations. The proposed amendment clarifies the use of radiotelephones in this context.

Radar reflector requirements would be amended to include the use of active radar reflectors and to expand the performance criteria to include radar detection at a frequency of 3 GHz.

Rules 40(c) and (d) of Schedule 1 to the Regulations would also be amended to refer to the international standards in IMO Resolutions A.384(X) and MSC.164(78). In addition, Rule 40 would be amended to include the terms "if practicable" (for fitting of reflectors) and "to the extent practicable" (for complying with standards) for vessels less than 20 m in length or constructed primarily of non-metallic materials. These proposed amendments would take into consideration the circumstances of each case and give full consideration to operational factors such as vessel size and area of operation.

The requirements for alternate systems of navigation lights are amended to clarify their intent, to take into consideration existing decisions made by the Board of Steamship Inspection and to take into account practical considerations of vessels or objects being towed or pushed (e.g. if it were impracticable to fit an alternate system, then such vessels or objects would be permitted to carry spare lights). The proposed amendments would clearly define the expression "alternate system of navigation lights" to mean a backup system. Vessels that are less than 15 m in length continue to not be subject to this Rule. Under this proposal, this exception would be extended to cable ferries and pleasure craft.

The proposed amendment would expressly require all lights, other than a flashing light, to have a luminous intensity that appears constant and steady. This is intended to protect the design integrity of navigation lights to preserve the common understanding of their meaning, thus enhancing safety.

Currently, the Collision Regulations recognize electric power as the power that is in compliance with the Transport Canada (TC) publication entitled Ships Electrical Standards, 2002, TP 127. The proposed amendment clarifies that battery-powered lights, such as electronic lanterns, may be used. The circumstances in which these lights may be used will continue to be determined on a case-by-case basis by the Minister.

Amendments to the Canal Regulations, made pursuant to the Department of Transport Act, are non-substantive. They are proposed to ensure consistency with the title of the Collision Regulations.

The proposed amendments clarify existing provisions and are necessary to avoid potential confusion and differences in interpretation by mariners. They are also required for consistency with the CSA 2001. As such, there are no reasonable alternatives to the proposed Regulations.

This regulatory initiative largely continues the status quo of the existing Collision Regulations and the Canal Regulations.

There may be minimal costs associated with this initiative. For example, vessels under 20 m in length or constructed of non-metallic materials are generally required by Rule 40 of Schedule 1 to the existing Collision Regulations to carry a passive radar reflector. For operators who do not already have this equipment, it would involve a cost of upwards from $30 for a basic radar reflector, as a minimum, depending on the circumstances. In addition, as the proposed amendments clarify provisions of the existing Collision Regulations, a potential reduction in the number of disputes and the costs associated with settling disputes can be expected.

Between the fall of 2003 and the summer of 2004, extensive consultations were held in all regions of Canada to provide stakeholders and other interested parties of the marine industry with the opportunity to review and discuss the proposed amendments to the Collision Regulations and the Canal Regulations. Consultation sessions were held during regional Canadian Marine Advisory Council (CMAC) meetings and the national CMAC meetings, which are conducted semi-annually. Regional meeting locations included Vancouver, British Columbia; Hay River, Northwest Territories; Iqaluit, Nunavut; Gimli, Manitoba; Burlington, Ontario; Montréal and Québec, Quebec; Moncton, New Brunswick; and St. John's, Newfoundland and Labrador. Consultations at the national CMAC meetings, located in Ottawa, were conducted during meetings of the Standing Committee on Navigation and Operations. Progress updates have been provided to stakeholders during all regional and national CMAC meetings since the summer of 2004.

Compliance with the Collision Regulations is routinely enforced through initial, scheduled and periodic inspections by TC marine safety inspectors and by monitoring or responding to reports and complaints from other vessels, government agencies, or the general public. The proposed Regulations would not affect the existing enforcement regime. Currently, the two mechanisms for enforcement of the Collision Regulations are prosecution under the CSA 2001 or the Arctic Waters Pollution Prevention Act and ticketing under the Contraventions Act. Punishments for contravention of the Collision Regulations are referenced in subsections 38(1) and (2) and 121(2) of the CSA 2001, and in subsection 19(2) of the Arctic Waters Pollution Prevention Act, as well as in section 3 and Part III of Schedule I.1 to the Contraventions Regulations made under section 8 of the Contraventions Act. Prosecutions under the CSA 2001 may result in a fine of not more than $1,000,000 or imprisonment for a term of not more than 18 months, or both; prosecutions under the Arctic Waters Pollution Prevention Act may result in a fine not exceeding $25,000; and fines for contraventions commenced by means of a ticket under the Contraventions Regulations are $100 per contravention.

In the future, the Collision Regulations may be considered for inclusion in the administrative monetary penalties enforcement regime.

Robert Gowie
Project Manager, Regulatory Services and Quality Assurance (AMSX)
Marine Safety, Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-3134
Fax: 613-993-8196
Email: gowier@tc.gc.ca

Notice is hereby given that the Governor in Council, pursuant to paragraph 35(1)(d) and subsections 120(1), (3) and (4) of the Canada Shipping Act, 2001 (see footnote a), subsection 12(1) of the Arctic Waters Pollution Prevention Act and section 16 of the Department of Transport Act, proposes to make the annexed Regulations Amending the Collision Regulations and the Canal Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Robert Gowie, Project Manager, Regulatory Services and Quality Assurance, Marine Safety Directorate, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-7673; fax: 613-991-5670; e-mail: gowier@tc.gc.ca).

1. The long title of the Collision Regulations (see footnote 1) is replaced by the following:

3. The heading before section 2 of the French version of the Regulations is replaced by the following:

"air cushion vessel" means a vehicle designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from it. (aéroglisseur)

"approved signal" means a distress signal recognized internationally by organizations concerned with radiocommunications and maritime safety. (signal approuvé)

"barge" means a non-self-propelled barge, scow, dredge, pile-driver, hopper, pontoon or houseboat. (chaland)

"Board" means the Marine Technical Review Board established by section 26 of the Act. (Bureau)

(a) a person who is a Canadian citizen or a permanent resident of Canada; or

(b) the Government of Canada, the government of a province, a corporation resident in Canada or a Canadian university. (SADO canadien)

(a) licensed in Canada; or

(b) principally maintained and operated in Canada and not registered in or licensed or otherwise legally documented by another state. (embarcation de plaisance canadienne)

"composite unit" means a pushing vessel and an associated pushed vessel that are rigidly connected and that are designed as a dedicated and integrated tug and barge combination. (unité composite)

"direction of traffic flow" means the direction for traffic on a route that is indicated by arrows on a reference chart. (direction du trafic)

"exploration or exploitation vessel" means a vessel capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas. (navire d'exploration ou d'exploitation)

"fishing zones" means the fishing zones described in section 16 of the Oceans Act and prescribed in regulations made under paragraph 25(b) of that Act. (zones de pêche)

"give-way vessel" means a vessel that is required by these Regulations to keep out of the way of another vessel. (navire non privilégié)

"Great Lakes Basin" means Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan and Superior, their connecting and tributary waters and the Ottawa and St. Lawrence Rivers and their tributaries as far east as the lower exit of the St. Lambert Lock. (bassin des Grands Lacs)

"inconspicuous, partly submerged vessel or object" means a raft or vessel or any other floating object that is low in the water and is generally difficult to see. (navire ou objet peu visible, partiellement submergé)

"inshore traffic zone" means a routing measure that is a designated area between the landward boundary of a traffic separation scheme and the adjacent coast that is intended for local traffic. (zone de navigation côtière)

"Notice to Mariners" means the monthly and annual publication by the Department of Fisheries and Oceans to provide marine information. (Avis aux navigateurs)

"Notice to Shipping" means an urgent release by the Department of Fisheries and Oceans to provide marine information. (Avis à la navigation)

"ODAS" means an ocean data acquisition system that consists of any object on or in the water and is designed to collect, store or transmit samples or data relating to the marine environment or the atmosphere or to the uses thereof. (SADO)

"route" means an area within which there are at any point, one or two directions of traffic flow and that is delineated on two sides by separation lines, separation zones, natural obstacles or dashed tinted lines except that the continuity of such lines or zones may be interrupted where the route merges with, diverges from or crosses another route. (route)

"routing system" means any system of one or more routes or routing measures which systems may include traffic separation schemes, two-way routes, recommended tracks, areas to be avoided, inshore traffic zones, roundabouts, precautionary areas and deep water routes. (système d'organisation du trafic)

"Rule" means a provision in Schedule 1 under a heading that consists of the word "Rule" followed by a number. (règle)

"seaplane" includes any aircraft designed to manoeuvre on the water. (hydravion)

"separation zone" or "separation line" means a zone or line separating routes in which vessels are proceeding in opposite or nearly opposite directions or separating a route from the adjacent inshore traffic zone. (zone de séparation ou ligne de séparation)

"traffic lane" means a route within which there is one direction of traffic flow. (voie de circulation)

"traffic separation scheme" means a routing measure that provides for the separation of opposing streams of traffic by appropriate means and by the establishment of traffic lanes. (dispositif de séparation du trafic)

"trawling" means fishing by dragging through the water a dredge net or other fishing apparatus. (chalutage)

(2) For greater certainty, except in section 2.1, the word "ship" shall, for the purposes of these Regulations, be read as "vessel".

(3) For the purposes of these Regulations, every reference to "vessel" shall, except in subsection 3(1) and section 4, be read to include a reference to a seaplane when it is on or over the water.

(a) every Canadian ODAS and Canadian vessel located in any waters, including every Canadian vessel that is an exploration or exploitation vessel engaged in exploration or exploitation activities pursuant to a licence issued by the Government of Canada;

(b) every pleasure craft, foreign ODAS and foreign vessel located in Canadian waters, including every foreign vessel that is an exploration or exploitation vessel engaged in exploration or exploitation activities pursuant to a licence issued by the Government of Canada; and

(2) As provided for Canadian vessels in subsection 7(3) of the Act, where the laws of a country other than Canada are applicable to a Canadian ODAS that is within the waters of that country and those laws are inconsistent with these Regulations, the laws of that country prevail to the extent of the inconsistency in respect of the Canadian ODAS.

(3) Where there is any inconsistency between a provision of the Rules and a provision of the Rules that falls under the heading "Canadian Modifications", the latter provision prevails to the extent of the inconsistency.

(4) These Regulations do not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces.

(5) Where there is any inconsistency between a provision of Rule 1 and a provision of this section, the provision of this section prevails to the extent of the inconsistency.

4. The following persons shall ensure that the applicable requirements of sections 5 and 6 and of the Rules set out in Schedule 1 are met:

(a) the authorized representative of every vessel, as well as the master of every Canadian vessel;

(b) the owner, charterer, operator and person in charge of every pleasure craft or seaplane; and

Proof of Compliance — Lights, Shapes, Sound-signalling Appliances and Radar Reflectors

5. (1) Each light, shape, sound-signalling appliance and radar reflector required by these Regulations to be carried or exhibited on a vessel, except those on a pleasure craft, shall have a proof of compliance stating that the light, shape, sound-signalling appliance or radar reflector meets the standards applicable under section 6.

(a) a document that is carried on board the vessel in a readily accessible location; or

(b) a label that is securely affixed, in a readily visible location, to the light, shape, sound-signalling appliance or radar reflector.

(3) A proof of compliance issued in a language other than English or French shall be accompanied by an English or French translation.

(a) a government that is a party to the Convention on the International Regulations for Preventing Collisions at Sea, 1972;

(b) a classification society recognized by a government referred to in paragraph (a) as able to determine whether the equipment meets the applicable standards specified in section 6; or

(c) an independent testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether the equipment meets the applicable standards specified in section 6.

Standards — Lights, Shapes, Sound-signalling Appliances and Radar Reflectors

6. (1) Each light, shape, sound-signalling appliance and radar reflector required by these Regulations to be carried or exhibited on a vessel shall meet the standards set out in Schedule 1 and its Annexes.

(2) If a proof of compliance is issued in Canada in respect of a light, shape or sound-signalling appliance, the light, shape or sound-signalling appliance shall also meet one of the following standards:

(a) Standards for Navigation Lights, Shapes, Sound-Signalling Appliances, TP 1861, published by Transport Canada, as amended from time to time;

(b) Underwriters Laboratories, Inc. Standard 1104, Marine Navigation Lights, as amended from time to time, except sections 1.1, 1.2, 5.2 and 38.2 and any reference in that Standard to the United States' regulation entitled Inland Navigation Rules;

(c) in the case of a light on a vessel that is of less than 20 metres in length, American Boat and Yacht Council Standard A-16, Electric Navigation Lights, as amended from time to time, except section 16.5 and any reference in that Standard to the United States' regulation entitled Inland Navigation Rules; or

(d) any other testing standard that the Minister determines provides a level of safety that is equivalent to or higher than that of those standards.

(3) Lights carried on a vessel that is not required to be inspected annually or every fourth year under the Canada Shipping Act as it read immediately before the coming into force of the Act need not comply with these Regulations if the lights were constructed and installed in accordance with the Collision Regulations as they read on July 31, 1974, or the Small Vessel Regulations as they read on May 31, 1984, before

7. Every vessel shall navigate with particular caution where navigation may be difficult or hazardous and, for that purpose, shall comply with any instructions and directions contained in Notices to Mariners or Notices to Shipping that are issued as a result of circumstances such as

6. The heading "SCHEDULE I" after section 6 of the Regulations and the reference "(Sections 3 and 4)" are replaced by the following:

7. Paragraph (f) of Rule 1 of Schedule 1 to the Regulations is replaced by the following:

(f) Any determination referred to in paragraph (e) in respect of a Canadian vessel or Canadian pleasure craft shall be made by the Minister.

8. (1) The subheading "General Definitions" after the heading "RULE 3" of Schedule 1 to the Regulations is replaced by the following:

(2) Rule 3 of Schedule 1 to the Regulations is amended by adding the following after paragraph (m):

(n) For the purposes of these Rules, the definition of the word "vessel" in paragraph (a) does not apply.

9. (1) Paragraph (c) of Rule 6 of Schedule 1 to the French version of the Regulations is replaced by the following:

c) Dans les eaux canadiennes d'une rade, d'un port, d'un cours d'eau, d'un lac ou d'une voie de navigation intérieure, tout navire qui passe un autre navire ou un ouvrage, y compris une drague, un train de remorque, un navire échoué ou une épave, doit passer prudemment à une vitesse qui n'aura pas d'effet néfaste sur le navire ou l'ouvrage dépassé et respecter les directives ou instructions applicables contenues dans tout Avis aux navigateurs ou Avis à la navigation.

10. Paragraphs (m) to (q) of Rule 10 of Schedule 1 to the Regulations are replaced by the following:

(m) Subject to paragraphs (q) and (r), paragraphs (b) to (l) apply to traffic separation schemes described in any current Notice to Mariners or Notice to Shipping.

(n) A vessel shall use the mandatory routing system, if any, required for its category or the cargo carried that is adopted by the Organization and is described in the publication entitled Ships' Routeing, as amended from time to time, and shall conform to the relevant provisions in force.

(o) A power-driven vessel of more than 20 metres in length shall use a traffic separation scheme and the associated routing system, if any, by which it can safely proceed to its destination, that are adopted by the Organization as recommendations and that are in force and described in the publication Ships' Routeing, as amended from time to time.

(p) The requirements set out in paragraph (n) or (o) do not apply if there are compelling reasons not to use a particular traffic separation scheme or routing system, and the reasons shall be recorded in the vessel's logbook.

(q) Paragraphs (b), (c) and (h) do not apply to a vessel engaged in fishing with nets, lines, trawls, trolling lines or other fishing apparatus in or near a routing system located in Canadian waters or fishing zones.

(r) Paragraphs (b), (c), (e) and (h) do not apply to a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline, dredging, surveying, underwater operations or launching or recovering aircraft in or near a routing system located in Canadian waters or fishing zones, where that vessel

(i) does not prevent other vessels that use the route from navigating safely,

(ii) identifies itself to approaching vessels and informs them of the location and nature of its operation and of its intentions, and

(iii) informs the Department of Fisheries and Oceans, as soon as possible before the commencement of the operation, of

(A) the nature, location and duration of the operation, and

(B) any necessary cautionary advice concerning the operation.

(s) A vessel making a transatlantic voyage shall, as far as practicable, avoid crossing the Grand Banks of Newfoundland and Labrador north of 43° north latitude.

11. Paragraph (e) of Rule 13 of Schedule 1 to the Regulations is replaced by the following:

(e) Notwithstanding paragraph (b), in the waters of the Great Lakes Basin, a vessel shall be deemed to be overtaking if approaching another vessel from a direction more than 22.5° abaft her beam, that is, in such a position with reference to the vessel she is overtaking that at night she would not be able to see either of the sidelights of the other vessel but would be able to see

(i) the sternlight of the other vessel, or

(ii) in the case of a power-driven vessel lighted in accordance with Rule 23(d) or (f), the all-round white light or lights of the other vessel.

12. Paragraph (b) of Rule 15 of Schedule 1 to the Regulations is replaced by the following:

(b) Notwithstanding paragraph (a), in Canadian waters, a vessel crossing a river shall keep out of the way of a power-driven vessel ascending or descending the river, except on the St. Lawrence River seaward of Île Rouge.

13. The heading before paragraph (g) of Rule 21 of Schedule 1 to the Regulations is replaced by the following:

14. Paragraphs (e) and (f) of Rule 22 of Schedule 1 to the Regulations are replaced by the following:

15. (1) The portion of paragraph (e) of Rule 24 of Schedule 1 to the English version of the Regulations before subparagraph (i) is replaced by the following:

(e) A vessel or object being towed, other than those mentioned in paragraph (g) of this Rule, shall exhibit:

(2) Paragraphs (j) to (q) of Rule 24 of Schedule 1 to the Regulations are replaced by the following:

(j) For the purpose of paragraph (h), if it is impracticable for a barge being towed to comply with paragraph (e) within the Canadian waters of a roadstead, harbour, river, lake or inland waterway, it shall carry one all-round white light at each end; however, in a case where two or more barges are grouped together, the barges

(i) may instead carry one all-round white light at each end of the group, and

(ii) if the total length of the group exceeds 100 metres and the group is lighted in accordance with subparagraph (i), shall carry an additional all-round white light located as close as practicable to the mid-point of the group.

(k) Notwithstanding paragraph (c), in the waters of the Great Lakes Basin, a power-driven vessel, when pushing ahead or towing alongside, shall exhibit two towing lights in a vertical line instead of the sternlight prescribed in paragraph (c).

(l) In the waters of the Great Lakes Basin, a special flashing light shall be exhibited at the forward end of a vessel or vessels being pushed ahead, in addition to the lights prescribed in paragraph (f).

(m) For the purpose of paragraph (h), within the Canadian waters of a roadstead, harbour, river, lake or inland waterway, where it is impracticable for a log tow to comply with paragraph (g), the log tow shall exhibit

(i) if it is less than 25 metres in breadth, one all-round white light at or near the forward end and one at or near the after end,

(ii) if it is less than 25 metres in breadth and exceeds 100 metres in length, one additional all-round white light at or near the mid-point of the length,

(iii) if it is 25 metres or more in breadth, a total of four all-round white lights, one at or near each corner, and

(iv) if it is 25 metres or more in breadth and exceeds 100 metres in length, an additional all-round white light at or near the mid-point of each side of the length.

16. Paragraph (f) of Rule 26 of Schedule 1 to the Regulations and the heading before it are repealed.

17. Subparagraph (b)(iii) of Rule 27 of Schedule 1 to the French version of the Regulations is replaced by the following:

(iii) lorsqu'il a de l'erre, outre les feux prescrits au sous-alinéa (i), un feu ou des feux de tête de mât, des feux de côté et un feu de poupe;

18. Paragraph (g) of Rule 30 of Schedule 1 to the Regulations is replaced by the following:

(g) In the Canadian waters of a roadstead, harbour, river, lake or inland waterway, instead of exhibiting the lights prescribed by paragraphs (a) to (c) of this Rule, a barge or an inconspicuous, partly submerged vessel or object may, when at anchor, exhibit

(i) in the case of a barge, those prescribed by paragraph 24(j), and

(ii) in the case of an inconspicuous, partly submerged vessel or object, those prescribed by paragraph 24(g).

19. In Rule 31 of Schedule 1 to the French version of the Regulations, the word "avion" is replaced by the word "navion".

20. Paragraph (c) of Rule 33 of Schedule 1 to the Regulations is replaced by the following:

(c) Notwithstanding paragraph (b), in the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a vessel shall carry the sound signalling appliances prescribed in paragraph (a) for a vessel of 12 metres or more in length, if it is

(i) less than 12 metres in length,

(ii) ordinarily used for the purpose of pushing or pulling any floating object, and

(iii) not employed solely in yarding or warping operations.

21. (1) The portion of paragraph (k) of Rule 34 of Schedule 1 to the Regulations before subparagraph (i) is replaced by the following:

(k) In the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a power-driven vessel of 12 metres or more in length that is leaving a dock or berth shall give a signal of one prolonged blast unless

(2) Paragraph (l) of Rule 34 of Schedule 1 to the Regulations is replaced by the following:

(l) Notwithstanding this Rule and Rule 9, if positive mutual identification of the vessels has been made in the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a vessel may use a bridge-to-bridge radiotelephone instead of the prescribed whistle signals to reach agreement in a meeting, crossing or overtaking situation. If agreement is not reached, then whistle signals shall be exchanged in a timely manner and shall prevail.

22. Paragraph (l) of Rule 35 of Schedule 1 to the Regulations is replaced by the following:

(l) Notwithstanding paragraph (j), in the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a vessel shall sound the signals prescribed for a vessel of 12 metres or more in length if it is

(i) less than 12 metres in length,

(ii) ordinarily used for the purpose of pushing or pulling any floating object, and

(iii) not located within a recognized mooring, storage or booming area.

23. Paragraph (e) of Rule 38 of Schedule 1 to the French version of the Regulations is replaced by the following:

e) Changement de l'emplacement des feux de tête de mât résultant des prescriptions de l'alinéa 2b) de l'appendice I : neuf ans à compter de la date d'entrée en vigueur du présent règlement.

25. (1) Paragraph (a) of Rule 40 of Schedule 1 to the Regulations is replaced by the following:

(a) Subject to paragraph (b), a vessel that is less than 20 metres in length or is constructed primarily of non-metallic materials shall, if practicable, be equipped with a radar reflector or other means to enable the vessel's detection by other vessels navigating by radar at 3 GHz or 9 GHz.

(2) Paragraphs (c) and (d) of Rule 40 of Schedule 1 to the Regulations are replaced by the following:

(c) The radar reflector or other means to enable detection prescribed in paragraph (a) shall, to the extent practicable, meet the requirements of

(i) sections 3 to 5 of the Annex to Resolution A.384(X), made by the Organization and as amended from time to time, if fitted before July 1, 2005,

(ii) sections 3 to 5 of the Annex to Resolution MSC.164(78), made by the Organization and as amended from time to time, if fitted on or after July 1, 2005, or

(iii) other performance standards that the Minister determines provide a level of safety that is equivalent to or higher than that of those standards.

(d) For the purpose of interpreting a document incorporated by reference into this Rule, "should" shall be read to mean "shall" and recommendations shall be mandatory.

26. The subheading before paragraph (a) of Rule 41 of Schedule 1 to the French version of the Regulations is replaced by the following:

27. Paragraphs (a) to (d) of Rule 41 of Schedule 1 to the Regulations are replaced by the following:

(a) No vessel, except a vessel in distress, shall use a transponder that can transmit radar responder signals or radar beacon signals in the 3- or 10-centimetre marine radar bands.

(b) Notwithstanding paragraph (a), an exploration or exploitation vessel may use such a transponder if authorized to do so under this Rule and the transponder is used in a manner that does not compromise the safety of navigation.

(c) The Minister shall authorize the use of a transponder if it will be used in a manner that will not interfere with or degrade the use of radar in navigation, having regard to factors such as

(i) the proximity of other transponders and the distinctiveness of their signals,

(ii) the frequency, range and power of the transponder, and

(iii) the marine radar band to be used.

28. Paragraphs (g) and (h) of Rule 42 of Schedule 1 to the Regulations are replaced by the following:

(g) An exploration or exploitation vessel shall comply with the relevant technical requirements set out in sections 2.3 and 2.4 of, and Appendix 1 to, the IALA's publication Recommendations for the marking of offshore structures, as amended from time to time, and the nominal range of lights shall be computed in accordance with Appendix II of the IALA's 1967 publication Recommendations for the notation of luminous intensity and range of lights.

(h) For the purposes of this Rule, wherever the word "Authority" appears in a document incorporated by reference, it shall be read as "Minister".

(i) In the Canadian waters of the Great Lakes Basin, the white light or series of white lights exhibited by an exploration or exploitation vessel when stationary and engaged in drilling or production operations shall have a range of visibility of between eight and fifteen miles.

29. (1) Paragraph (b) of Rule 43 of Schedule 1 to the Regulations is replaced by the following:

(b) The Minister may establish a safety zone greater than the safety zone referred to in paragraph (a) if it is reasonably related to the nature and function of the exploration or exploitation vessel and is necessary to ensure navigational safety.

30. The subheading before paragraph (a) of Rule 44 of Schedule 1 to the French version of the Regulations is replaced by the following:

31. Paragraph (b) of Rule 44 of Schedule 1 to the Regulations is replaced by the following:

(b) Subject to paragraph (f), every ODAS shall be constructed or fitted with a radar reflector, or other means, that has a radar response that at least meets the requirements set out in Rule 40.

32. In Rule 44 of Schedule 1 to the French version of the Regulations, the term "ODAS" is replaced by the term "SADO", wherever it occurs.

33. (1) Paragraph (a) of Rule 45 of Schedule 1 to the Regulations is repealed.

(2) The portion of paragraph (b) of Rule 45 of Schedule 1 to the Regulations before subparagraph (i) is replaced by the following:

(b) Any government vessel or any vessel that is owned or operated by a harbour, river, county or municipal police force may exhibit as an identification signal a blue flashing light when the vessel

34. Paragraphs (a) to (f) of Rule 46 of Schedule 1 to the Regulations are replaced by the following:

(a) For the purpose of this Rule, "alternate system of navigation lights" means a backup system that includes masthead lights, sidelights, a sternlight and the lights prescribed in Rule 30 for vessels at anchor.

(i) vessels that are less than 15 metres in length,

(ii) cable ferries, or

(iii) pleasure craft.

(c) A Canadian vessel required by Part C of this Schedule to exhibit lights shall be fitted with an alternate system of navigation lights.

(d) In the case of vessels built before January 1, 1991, that have a gross tonnage of less than 500, the alternate system of navigation lights may consist of oil or electronic lanterns.

(e) If it is impracticable for a vessel or object being towed or pushed to comply with paragraph (c), spare lights shall be readily available so that the vessel or object maintains compliance with Part C of this Schedule. (f) The alternate system of navigation lights shall be supplied by the main source of electric power and the emergency source of electric power that are referred to in section 15 of Annex I, unless otherwise provided by paragraph (g).

(g) In the case of vessels built before January 1, 1991, having a gross tonnage of less than 500, the alternate system of navigation lights shall be supplied by

(i) the vessel's emergency source of electric power, or

(ii) in the case of oil or electronic lanterns, power of a capacity sufficient for the duration of the intended voyage.

(h) Lights using a flame shall not be used as the alternate system of navigation lights on any vessel carrying, towing or pushing cargo that is volatile or explosive.

35. In paragraph 2(d.1) of Annex I to Schedule 1 to the Regulations, the expression "subparagraph (c)(i)" is replaced by the expression "subparagraph (d)(i)".

36. In subparagraph 2(f)(ii) of Annex I to Schedule 1 to the French version of the Regulations, the expression "de la présente appendice" is replaced by the expression "du présent appendice".

37. Paragraph 2(q) of Annex I to Schedule 1 to the Regulations is replaced by the following:

(q) The all-round white lights prescribed for an inconspicuous, partly submerged vessel or object or a barge in Rules 24(g) and (j), respectively, shall be carried at the same height and shall be placed at a height of not less than two metres above the water.

(r) The vertical separation of masthead lights required by subparagraph (a)(ii) and paragraph (b) is illustrated in Appendix II to Standards for Navigation Lights, Shapes, Sound-Signalling Appliances, TP 1861, published by Transport Canada, as amended from time to time.

38. (1) The heading of section 8 of Annex I to Schedule 1 to the Regulations is replaced by the following:

(2) Section 8 of Annex I to Schedule 1 to the Regulations is amended by adding the following after the note to the table to paragraph (b):

39. Paragraph 9(c) of Annex I to Schedule 1 to the Regulations is replaced by the following:

(c) Notwithstanding paragraph (b), in the waters of the Great Lakes Basin, the all-round white light or lights referred to in Rule 23(f) shall not be obscured.

40. Paragraph 12(b) of Annex I to Schedule 1 to the Regulations is replaced by the following:

(b) Notwithstanding paragraph (a), in the waters of the Great Lakes Basin, the manoeuvring light referred to in Rule 34(i) shall be placed in the same fore and aft vertical plane as the masthead light or lights at not less than one metre vertically above or below the after masthead light and, where practicable, shall be placed at the minimum height of one metre vertically above the forward masthead light. On a vessel where only one masthead light is carried, the manoeuvring light, if fitted, shall be carried where it can best be seen and shall be located not less than one metre vertically apart from the masthead light.

41. Section 15 of Annex I to Schedule 1 to the Regulations is replaced by the following:

Electric power, including emergency electric power, supplied to any navigation lights other than electronic lanterns shall be in compliance with the requirements of section 11.37 and the applicable provisions set out in Schedule 1 to Ship Electrical Standards, TP 127, published by Transport Canada, as amended from time to time.

42. The portion of paragraph 5(a) of Annex II to Schedule 1 to the Regulations before subparagraph (i) is replaced by the following:

(a) In Canadian waters and fishing zones, a vessel engaged in fishing as described in sections 2 and 3 shall, in any condition of visibility, sound the following signals on her whistle:

43. Paragraph 1(j) of Annex III to Schedule 1 to the Regulations is replaced by the following:

(j) For the purposes of this Annex, the expression "listening posts" means bridge wings or the bow.

(k) For the purposes of this Annex, the methods described in Resolution A.343(IX), made by the Organization, for measuring noise levels at listening posts are recommended.

(l) In the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a power-driven vessel that is normally engaged in pushing ahead or towing alongside may, at any time, use a whistle whose characteristics fall within the limits prescribed in paragraph (b) for the longest normal length of the vessel and its tow.

44. The portion of section 4 of Annex IV of Schedule 1 to the French version of the Regulations before paragraph (b) is replaced by the following:

4. Dans les eaux canadiennes ou dans les zones de pêche, en plus des signaux visés à la section 1, les signaux suivants peuvent être utilisés ou montrés ensemble ou séparément dans le but d'indiquer un cas de détresse ou un besoin de secours :

45. The Regulations are amended by replacing the word "Chairman" with the word "Minister" wherever it occurs in the following provisions:

46. The Regulations are amended by replacing the expression "Rule 23(c)" with the expression "Rule 23(d)" wherever it occurs in the following provisions:

47. The French version of the Regulations is amended by replacing the expression "Bassin des Grands lacs" with the expression "bassin des Grands Lacs" wherever it occurs in the following provisions:

48. The French version of the Regulations is amended by replacing the expression "Bassin des Grands Lacs" with the expression "bassin des Grands Lacs" wherever it occurs in the following provisions:

49. In section 4 of Annex II to Schedule 1 to the French version of the Regulations, the expression "Dans les eaux et les zones de pêche canadiennes" is replaced by the expression "Dans les eaux canadiennes et les zones de pêche".

50. The definition "Collision Regulations" in section 2 of the Canal Regulations (see footnote 2) is repealed.

51. Section 17 of the Regulations and the heading before it are replaced by the following:

17. (1) Subject to subsection (3), every vessel in any canal shall comply with the Collision Regulations.

(2) Subject to subsection (3), every vessel in any canal shall comply with the Small Vessel Regulations, established under the Canada Shipping Act, 2001.

(3) In the event of conflict between the Collision Regulations, the Small Vessel Regulations and the Canal Regulations, the provisions of the Canal Regulations shall govern while the vessel is in a canal.

52. Subsection 19(1) of the French version of the Regulations is replaced by the following:

19. (1) Tout navire, dans tout canal, doit se conformer aux règles concernant les feux qui sont contenues dans le Règlement sur les abordages.

53. The portion of section 20 of the French version of the Regulations before paragraph (a) is replaced by the following:

20. Les navires qui se croisent ou se rattrapent dans un canal doivent se conformer au Règlement sur les abordages, sauf dans les cas suivants :

54. These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.