Navigation Safety Regulations, 2020 (SOR/2020-216)

Marginal note:Radio equipment batteries

• 238 (1) If batteries constitute a source of electrical energy for radio equipment, other than an EPIRB or PLB, they must be

  • (a) tested daily, to determine the state of their charge;

  • (b) checked once each month, to determine the physical condition of the batteries, their connections and their compartment; and

  • (c) sufficiently charged to permit the continuous operation of the radio equipment for the duration of the voyage.

• Marginal note:Reserve rechargeable batteries

  (2) Rechargeable batteries that constitute a reserve source of electrical energy for any radio equipment must undergo

  • (a) a check of their capacity, once a year, when the vessel is not at sea, by fully discharging and recharging them, using normal operating current and their battery rating period, unless the battery manufacturer advises otherwise; and

  • (b) an assessment of their charge without any significant discharge of the batteries immediately before the vessel embarks on a voyage, and weekly while at sea.

Marginal note:Inspection and testing of EPIRB or PLB

• 239 (1) An EPIRB or PLB, other than an EPIRB or PLB stowed in an inflatable life raft, must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

• Marginal note:Inspection and testing of a SART

  (2) A SART must be inspected and tested by a radio operator on installation and at least once every six months after that, in accordance with the manufacturer’s instructions.

• Marginal note:VHF radiotelephone testing

  (3) A survival craft VHF radiotelephone must be tested by a radio operator during each boat and fire drill held on board the vessel, if the radiotelephone has a power source that can be replaced or recharged by the user.

Marginal note:Radio inspection certificate

• 240 (1) The following vessels, other than a Safety Convention vessel, must have a radio inspection certificate to engage on a voyage:

  • (a) a vessel that is 20 m or more in length;

  • (b) a towboat; and

  • (c) a passenger vessel that is engaged on a voyage any part of which is in Sea Area A1 or more than five nautical miles from shore on the sea coasts of Canada.

• Marginal note:Safety certificate

  (2) The master of a Safety Convention vessel must keep on board any safety certificate issued under subsection 7(1) of the Vessel Safety Certificates Regulations that relates to radio installation requirements.

• Marginal note:Inspection certificate — Great Lakes Agreement

  (3) The master of a vessel that is required to be inspected under the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973, must keep on board an inspection certificate issued by the Minister evidencing compliance with subsection 205(3) of these Regulations.

• Marginal note:Issuance of radio inspection certificate

  (4) The Minister must issue a radio inspection certificate to a vessel if the radio installation meets the requirements of this Part.

DIVISION 3Radiotelephone Procedures

Marginal note:Application — Canadian vessels

• 241 (1) Sections 242 to 248 apply in respect of Canadian vessels that are required under Division 1 of this Part to be fitted with radio equipment.

• Marginal note:Application — foreign vessels

  (2) Sections 243 to 245, paragraph 246(1)(b) and subsection 246(2) also apply in respect of foreign vessels that are required under Division 1 of this Part to be fitted with radio equipment.

• Marginal note:Application — sections 249 to 254

  (3) Sections 249 to 254 apply in respect of any vessel that is not a Canadian vessel in Canadian waters and in respect of any Canadian vessel that is required under Division 1 of this Part to be fitted with a VHF radio installation.

Marginal note:Officers responsible

242 The master of a vessel and the person in charge of the deck watch must ensure that the requirements of this Division are met.

Marginal note:Communications of distress, urgency or safety

243 A vessel must make communications of distress, urgency or safety in accordance with the requirements of articles 32 to 34 of Chapter VII of the Radio Regulations that are published by the Secretary General of the International Telecommunication Union.

Marginal note:Cancellation of distress signals and alerts

244 A person who has inadvertently transmitted a distress alert from a vessel or, after transmitting an alert, determines that assistance is no longer required, must immediately cancel that alert in accordance with the instructions set out in the Appendix to IMO resolution A.814(19), Guidelines for the Avoidance of False Distress Alerts.

Marginal note:Communication power

245 Except in a case of distress, a radio installation must not radiate more power than the power required to ensure clear communication.

Marginal note:Time

• 246 (1) A radio operator using a radio installation, must, when stating the time during voice communications on board a vessel, observe the time in the following manner:

  • (a) if the vessel is engaged on an international voyage, observe coordinated universal time (UTC); and

  • (b) if the vessel is engaged on any other type of voyage, observe the local time of the area in which the vessel is navigating.

• Marginal note:24-hour system

  (2) A radio operator of a radio installation must, when stating the time, use the 24-hour system expressed by means of four figures from 00:01 to 24:00 followed by the time zone identifier.

Marginal note:Radio record

• 247 (1) A vessel must maintain a record in which the radio operator keeps the following information:

  • (a) the vessel’s name and registration number, its port of registry, gross tonnage and length and any of its Global Maritime Distress and Safety System identities as defined in Regulation 2 of Chapter IV of SOLAS;

  • (b) the period covered by the record;

  • (c) the time of each entry made in the radio record, stated in accordance with section 246;

  • (d) a summary of all radio communications, including the date, time, frequency used and details with respect to

    • (i) distress and urgency communications,

    • (ii) safety communications respecting the vessel,

    • (iii) abnormal radio propagation conditions that may reduce the effectiveness of the radio installation, and

    • (iv) any other important service incident;

  • (e) the names of the radio operators, the dates each operator is on board and the name of each certificate that each radio operator holds;

  • (f) the name of the radio operator designated for operating the radio equipment during emergencies as required under the Marine Personnel Regulations;

  • (g) the date and time a check, test or inspection required under this Part was carried out and the results obtained including, for each day that the vessel is at sea,

    • (i) the operating condition of the radio equipment determined by normal communication or a test call, as well as the position of the vessel at the time the determination is made,

    • (ii) the assessment of the reserve source of energy, and

    • (iii) if any of the radio equipment is found not to be in operating condition, a notation that the master was informed;

  • (h) the time of an inadvertent transmission of a distress, urgency or safety communication and the time and method of its cancellation;

  • (i) the date, time and details of any significant maintenance carried out on the radio installation, including the name of the person or the company that performed the maintenance tasks; and

  • (j) any corrective action taken to remedy any deficiency in the radio equipment required under this Part.

• Marginal note:Radio record entry

  (2) The radio operator making an entry in a radio record must initial the entry.

• Marginal note:Accessibility

  (3) The radio record must be kept for a period of not less than 12 months after the day on which the last entry is made, in a place accessible to a marine safety inspector referred to in section 11 of the Act or a person, classification society or other organization authorized to carry out inspections under section 12 of the Act, and in the case of a paper record, it must be in its original format.

Marginal note:Continuous watch

• 248 (1) A vessel that is fitted with any of the following types of radio equipment must, while on a voyage, maintain a continuous watch on the frequencies specifically assigned for the transmission of maritime safety information that are appropriate to the time of day, the position of the vessel and the equipment carried:

  • (a) a VHF radio installation;

  • (b) an MF radio installation;

  • (c) an MF/HF radio installation;

  • (d) a NAVTEX receiver or other means that is used to automatically receive maritime safety information for visual display;

  • (e) enhanced group call equipment; and

  • (f) radio equipment capable of transmitting and receiving communications using NBDP.

• Marginal note:MF/HF radio installation

  (2) A vessel fitted with an MF/HF radio installation may keep the continuous watch by means of a scanning receiver.

Marginal note:Delayed radio transmission

249 If, at any time, a radio transmission required to be made under these Regulations is prohibited by any other law or may cause a fire or an explosion, the transmission must be made as soon as it is permitted by that law and is not likely to cause a fire or an explosion.

Marginal note:Radio operator

• 250 (1) The master of a vessel or a person authorized by the master to maintain a continuous listening watch or to make a navigation safety call required under this Division must be a radio operator.

• Marginal note:Obligation to inform

  (2) If the person maintaining a continuous listening watch or making a navigation safety call is not the person in charge of the deck watch, they must, without delay, inform the person in charge of the deck watch of any information they receive or any navigation safety call they make that may affect the safe navigation of the vessel.

Marginal note:Steering and sailing rules

251 Nothing in this Division may be construed as relieving a vessel of its obligation under the provisions of the Collision Regulations to sound the appropriate whistle signals or as permitting the vessel to carry out manoeuvres that contravene the steering and sailing rules of those Regulations.

Marginal note:Continuous listening watch

• 252 (1) Every vessel that is required under section 204 to be fitted with a VHF radio installation must maintain a continuous listening watch during the period beginning 15 minutes before the vessel is underway and ending when the vessel is

  • (a) securely anchored, moored or made fast to the shore or secured to the bottom; and

  • (b) in a place where its presence does not constitute a hazard to passing vessels.

• Marginal note:VHF channel

  (2) A VHF radio installation, referred to in subsection (1), on board a vessel described in column 1 of Schedule 4 must be set to the appropriate VHF channel set out in column 2 of that Schedule for that vessel and must operate with sufficient gain to permit an effective continuous listening watch.

• Marginal note:Interrupted watch

  (3) If a vessel is not fitted with an additional VHF radio installation, the continuous listening watch referred to in subsection (1) may be interrupted for short periods while the installation is being used to transmit or receive communications on another channel.