Special-purpose Vessels Regulations (SOR/2008-121)

Regulations are current to 2013-04-29

Special-purpose Vessels Regulations

SOR/2008-121

CANADA SHIPPING ACT, 2001

Registration 2008-04-17

Special-purpose Vessels Regulations

P.C. 2008-775 2008-04-17

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 35(1)(e)Footnote a, section 100 and subsection 120(1) of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Special-purpose Vessels Regulations.

INTERPRETATION

1. The following definitions apply in these Regulations.

“class 3 or above waters”

“class 3 or above waters” means waters that have

  • (a) rapids with moderate and irregular waves; or

  • (b) rapids that are stronger, have more obstructions or are otherwise more difficult to navigate than rapids with moderate and irregular waves. (eaux de classe 3 ou plus)

“guide”

“guide”, in respect of a vessel, means its master. (guide)

“helmet”

“helmet” means a helmet that has a fastening system and is designed to protect from injury the head of a person who wears it from the mid-line of the forehead to the back of the crown of the head. (casque protecteur)

APPLICATION

  • 2. (1) These Regulations apply in respect of Canadian vessels that are inflatable and carry persons on an excursion in Canadian waters for remuneration.

  • (2) These Regulations do not apply in respect of motorized rigid-hull inflatable vessels.

RESPONSIBILITIES

  • 3. (1) Every person in charge of an enterprise that engages in an excursion shall ensure that the requirements set out in sections 4 to 17 are met in respect of the excursion.

  • (2) A vessel’s guide shall ensure that the requirements set out in sections 12 to 17 are met in respect of the vessel.

VESSELS AND EQUIPMENT

Vessels

  • 4. (1) Every vessel on an excursion shall be of sound construction and in good condition so as to be able to withstand the weather and water conditions that may reasonably be expected on the excursion.

  • (2) Every vessel shall have a line that is becketed to the gunwale around the outside of the vessel or safety straps that are suitable to use as handgrips.

5. Every vessel shall be able to maintain buoyancy if any one of its buoyancy chambers deflates.

  • 6. (1) Every vessel shall have sufficient seating so that every person on board can be seated.

  • (2) No vessel shall be loaded to exceed the manufacturer’s capacity recommendations, if any.

Equipment

  • 7. (1) Every person on an excursion, other than a guide, shall be provided with a properly sized small-vessel lifejacket or white-water vest.

  • (2) Before January 1, 2012, a person on an excursion in waters that are not class 3 or above waters may be provided with a properly sized personal flotation device instead of the equipment required by subsection (1).

  • (3) Every guide on an excursion shall be provided with a properly sized small-vessel lifejacket or white-water vest or an inherently buoyant and properly sized personal flotation device that has a quick release harness.

  • (4) Every person on an excursion in class 3 or above waters, other than a person on an excursion on a motorized vessel that is over 6 m in length, shall be provided with a properly sized helmet.

  • (5) Subsection (4) does not apply in respect of an excursion in waters where there are no rocks or other hard objects that could cause impact injuries to a person who falls overboard.

  • (6) Every person on an excursion in class 3 or above waters where the water temperature is less than 15° C shall, unless the excursion is on a motorized vessel that is over 6 m in length, be provided with properly sized gear designed to provide thermal protection to the body core when a person is immersed in water.

  • (7) Every small-vessel lifejacket, white-water vest or personal flotation device provided under any of subsections (1) to (3)

    • (a) shall, in the case of a small-vessel lifejacket, bear in English and French its manufacturer’s marking or labelling indicating that it meets the standards set out in CAN/CGSB-65.7-M88, Lifejackets, Inherently Buoyant Type or the standards for a class 2 lifejacket set out in the CAN/CGSB-65.7-2007, Lifejackets;

    • (b) shall, in the case of a personal flotation device, bear in English and French its manufacturer’s marking or labelling indicating that it meets the standards for type I personal flotation devices set out in CAN/CGSB-65.11-M88, Personal Flotation Devices;

    • (c) shall, in the case of a white-water vest, have been approved by the United States Coast Guard for use in commercial white-water activities;

    • (d) shall not be altered in a manner that

      • (i) compromises its original structural integrity, or

      • (ii) diminishes the integrity or readability of any marking or labelling required by paragraph (a) or (b);

    • (e) shall be in good condition; and

    • (f) shall be maintained and replaced in accordance with the manufacturer’s instructions or recommendations, if any, that come with the equipment.

  • (8) A person who provides their own equipment or gear that meets the applicable requirements of subsections (1) to (7) shall be considered to have been provided with that equipment or gear.