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5. Collision Regulations, Office Consolidation - TP 10739 E
6. Introduction

Introduction

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Interpretation

1. (1) The following definitions apply in these Regulations.

“Act” means the Canada Shipping Act, 2001; (Loi)

“air cushion vessel” means a vessel designed so that the whole or a significant part of its weight can be supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its effectiveness on the proximity of the vessel to the surface over which it operates. (aéroglisseur)

“Annex” means an annex to Schedule I. (appendice)

“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 under section 26 of the Act. (Bureau)

“Canadian ODAS” means an ODAS which is owned by

1. a person who is a Canadian citizen or a permanent resident of Canada; or
2. the Government of Canada, the government of a province, a corporation resident in Canada or a Canadian university. (SADO canadien)

“Canadian pleasure craft” means a pleasure craft that is

1. licensed in Canada; or
2. 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) [SOR/02-429, s.1]

“foreign ODAS” means an ODAS that is not a Canadian ODAS. (SADO étranger)

“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 St. Lambert Lock. (bassin des Grands Lacs)

“IALA” means the International Association of Marine Aids to Navigation and Lighthouse Authorities. (AISM)

“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)

“mile” means the international nautical mile of 1,852 m. (mille)

“Minister” means the Minister of Transport. (ministre)

“Notice to Mariners” means the monthly and annual publication by the Department of Fisheries and Oceans to provide marine information. (Avis aux navigateurs) [SOR/02-429, s. 13]

“Notice to Shipping” means an urgent release by the Department of Fisheries and Oceans to provide marine information. (Avis à la navigation) [SOR/02-429, s. 13]

“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)

“Organization” means the International Maritime Organization. (Organisation)

“raft” includes a boom. (radeau)

“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, the word “ship” shall, for the purpose of these Regulations, be read as “vessel”.

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

Prohibition

2. No ship of any class shall navigate in any shipping safety control zone prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act unless the ship complies with these Regulations.

Application

3. (1) Subject to subsection (2), these Regulations apply in respect of:

1. 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;
2. 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
3. every seaplane on or over Canadian waters.

(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.

Compliance

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:

1. the authorized representative of every vessel, as well as the master of every Canadian vessel;
2. the owner, the charterer and the operator of a pleasure craft or seaplane and the person in charge of every pleasure craft or seaplane; and
3. the owner of every ODAS.

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.

(2) The proof of compliance shall be in the form of:

1. a document that is carried on board the vessel in a readily accessible location; or
2. 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.

(4) The proof of compliance shall be issued by:

1. a government that is a party to the Convention on the International Regulations for Preventing Collisions at Sea, 1972;
2. a classification society recognized by a government referred to in paragraph (a) as able to determine whether equipment meets the applicable standards specified in section 6; or
3. an independent testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether 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:

1. Standards for Navigation Lights, Shapes, Sound-Signalling Appliances, TP 1861, published by Transport Canada, as amended from time to time;
2. 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;
3. in the case of a light on a vessel that is of less than 20 meters 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
4. 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 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:

1. July 15, 1981, in the case of a vessel of 20 metres or more in length, or
2. June 1, 1984, in the case of a vessel of less than 20 metres in length.

Notices to Mariners and Notices to Shipping

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:

1. unusual maritime conditions;
2. the undertaking of marine or engineering works;
3. casualties to a vessel or aid to navigation; or
4. changes to hydrographic information.

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Date modified:

2010-01-25

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