PART VI: SOLAS CHAPTER XII - Additional safety measures for bulk carriers

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1 GENERAL

1.1 Reserved

ANNEX 1: Other Regulations that include Construction or Equipment Requirements

1 GENERAL

1.1.1.1 The Canadian Supplement supersedes only those regulations identified in the Policy Acceptance of an Alternative Regulatory Regime for Inspection, Construction and Safety Equipment¸ approved by the Marine Safety and Security Executive on October 29, 2012. This Part includes Canadian additions to the SOLAS and ILO Conventions, and also provides a guide to other regulations maintained by the Administration that include requirements that should be considered at the design and construction phase of the vessel.

2 SOLAS CHAPTER IV: RADIOCOMMUNICATIONS

2.1 General

2.1.1.1 The specific changes to SOLAS Chapter IV are given in the following paragraphs.

2.1.2 Regulation 1 - Application

2.1.2.1 Despite regulation 1.2, Chapter IV applies to vessels navigating in the Great Lakes of North America.

2.1.3 Regulation 14 - Performance Standards

2.1.3.1 Radio equipment onboard a ship shall be of a type approved by a "competent authority" to the applicable IEC or ETSI standard for that equipment.

2.2 Additional Regulations

2.2.1 General

2.2.1.1 The following regulations may also impact construction and design. The list below includes the relevant sections of Canadian regulations, and the associated SOLAS regulation (in parentheses).

2.2.2 Ship Station (Radio) Regulations, 1999 (SOR/2000-260)

  1. Section 2 (Regulation 2 Terms and Definitions)
  2. Section 8, 16, 18 (Regulation 7 Radio Equipment: General)
  3. Section 7 (Regulation 9 Radio Equipment Sea Areas A1 and A2)
  4. Section 15 (Regulation 11 Radio Equipment Sea Areas A1, A2, A3 and A4)
  5. Section 19, 20 (Regulation 15 Maintenance Requirements)

2.2.3 Ship Station (Radio) Technical Regulations, 1999 (SOR/2000-265)

  1. Section 4, 26 (Regulation 15 Maintenance Requirements)
  2. Section 13 (Regulation 13 Sources of Energy)
  3. Section 41 (Regulation 17 Radio Records)

3 SOLAS CHAPTER V: SAFETY OF NAVIGATION

3.1.1 Navigation Safety Regulations

3.1.1.1 The Navigation Safety Regulations (SOR/2005-134) contain requirements related to Chapter V of SOLAS. The specific changes can be found in the following sections of the regulations:

  1. Section 2 (Regulation 1 Application)
  2. Section 1 (Regulation 2 Definitions)
  3. Section 11 (Regulation 18 Approval, surveys and performance standards of navigational systems and equipment and voyage data recorder)
  4. Section 66, 64, 67, 68, 69, 70, 71, 75, 76 (Regulation 19 Carriage requirements for ship borne navigational systems and equipment)
  5. Section 74 (Regulation 23 Pilot transfer arrangements)

3.1.2 Voyage Data Recorder Regulations

3.1.2.1 The Voyage Data Recorder Regulations (SOR/2001-203) contain requirements related to Regulation 20 - Voyage data recorders.

4 COLREG CONVENTION

4.1 General

4.1.1 Collision Regulations (C.R.C., 1416)

4.1.1.1 The Collision Regulations (C.R.C., 1416) contain the Canadian additions to the COLREG Convention (Convention on the International Regulations for Preventing Collisions at Sea). Canadian additions related to construction and equipment are with respect to the following sections of the COLREG Convention. The Collision Regulations specifically identify additions to the Convention, and the following sections of the regulations include additional construction and/or equipment requirements:

  1. Section 5 - Proof of Compliance - Lights, Shapes, Sound-Signalling Appliances and Radar Reflectors
  2. SCHEDULE 1 – International Regulations for Preventing Collisions at Sea, 1972, with Canadian Modifications
  3. PART A - General
    1. RULE 1 Application
  4. PART C - LIGHTS AND SHAPES
    1. RULE 21: Definitions
    2. RULE 22: Visibility of Lights
    3. RULE 24: Towing and Pushing - Composite Unit
  5. Part F - ADDITIONAL CANADIAN PROVISIONS
    1. RULE 42: Additional Requirements for Exploration or Exploitation Vessels
    2. RULE 45: Blue Flashing Light
    3. RULE 46: Alternate System of Navigation Lights
  6. ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES
  7. ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

5 MARPOL

5.1 Vessel Pollution and Dangerous Chemicals Regulations

5.1.1.1 The Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69) put the MARPOL Convention into force. These regulations contain a significant number of operational requirements. The construction and equipment requirements over and above the Convention are as follows:

5.2 Annex 1 - Regulations for the prevention of pollution by oil

5.2.1.1 In addition to the controls on discharges of oil set out in Annex I to MARPOL, Canadian regulations require Canadian vessels operating in the Canadian waters of the Great Lakes and the St. Lawrence River west of Anticosti Island to be equipped with 5 parts per million oily bilge alarms. These alarms shall comply with TP 12301: Standard for 5 ppm Bilge Alarms for Canadian Inland Waters.

5.3 Annex IV - Regulations for the prevention of pollution by sewage from ships

5.3.1.1 Untreated sewage may not be discharged within inland waters. Canadian vessels shall be:

  1. Fitted with a marine sanitation device that meets standards in MARPOL Annex IV: Regulations for the Prevention of Pollution by Sewage from Ships, and
  2. In addition, where a Canadian vessel is operating frequently in a designated sewage area, the vessel shall be fitted with either:
    1. A marine sanitation device that produces an effluent with a fecal coliform count that is equal to or less than 14/100 ml, or
    2. A holding tank that meets Canadian standards as defined in section 88 of the Vessel Pollution and Dangerous Chemicals Regulations, included here for reference:

Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69)

88. For the purposes of subsection 86(1), a holding tank must:

  1. be constructed so that it does not compromise the integrity of the hull;
  2. be constructed of structurally sound material that prevents the tank contents from leaking;
  3. be constructed so that the potable water system and other systems cannot become contaminated;
  4. be resistant to corrosion by sewage;
  5. have an adequate volume for the amount of sewage that could be reasonably expected to be produced on a voyage in waters where the discharge of sewage is not authorized by section 96;
  6. be provided with a discharge connection and piping system for the removal of the tank contents at a reception facility;
  7. be designed so that the level of sewage in the tank can be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows the determination to be made;
  8. in the case of a vessel, other than a pleasure craft, that operates solely on the Great Lakes and their connecting waters, be equipped with an alarm that indicates when the tank is 75% full by volume; and
  9. be equipped with a ventilation device that
    1. has its outlet located on the exterior of the vessel and in a safe location away from ignition sources and areas usually occupied by people,
    2. prevents the build-up within the tank of pressure that could cause damage to the tank,
    3. is designed to minimize clogging by the contents of the tank or by climatic conditions such as snow or ice,
    4. is constructed of material that cannot be corroded by sewage, and
    5. has a flame screen of non-corrosive material fitted to the vent outlet."

6 MARITIME OCCUPATIONAL HEALTH AND SAFETY

6.1 General

6.1.1.1 Responsibility for Occupational Health and Safety is divided among several jurisdictions. For vessels trading within a single province (e.g., a ferry), adherence to that province's occupational health and safety regulations are required.

6.1.1.2 For vessels under federal jurisdiction (including interprovincial ferries, cargo ships trading between provinces, etc.), the Maritime Occupational Health and Safety Regulations (SOR/2010-120) apply. These Regulations are created under the Canada Labour Code (R.S.C., 1985, c. L-2), not the Canada Shipping Act, 2001. An exemption process (equivalent to the Marine Technical Review Board) does not exist for the MOHS Regulations. These Regulations contain construction requirements, particularly related to accommodations.

6.2 Maritime Labour Convention, 2006

6.2.1 General

6.2.1.1 Vessels following the Canadian Supplement to the SOLAS Convention as part of their regulatory regime shall comply with the Maritime Labour Convention and its requirements, when it enters into force.

6.2.1.2 Vessels complying with the construction requirements of the MLC 2006 are considered to meet the construction requirements of the Maritime Occupational Health and Safety Regulations (SOR/2010-120) and the Crew Accommodation Regulations (C.R.C., c. 1418), as long as the following additional requirements are met:

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

24. (3) The deck covering in all crew accommodation must

  1. be kept free of grease, oil or any other slippery substance and any material or object that may create a hazard to an employee; and
  2. have sufficient drainage

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

36. (3) The bedding set must, at a minimum, consist of the following items of appropriate size for the berth:

  1. one pillow;
  2. one pillow case;
  3. two flat bedsheets; and
  4. one blanket.

6.2.2 Ventilation by mechanical means

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

56. (4) If an employer provides ventilation by mechanical means, the amount of air provided for a type of room set out in column 1 of the table to this subsection must be no less than that set out in column 2.

  • (5) If an employer provides for the ventilation of a galley or a canteen by mechanical means, the rate of change of air must be at least 9 l/s for each employee who is normally employed in the galley at any one time or for each employee who uses the canteen at any one time, as the case may be.

TABLE

MINIMUM VENTILATION REQUIREMENTS FOR CHANGE ROOMS, SANITARY FACILITIES AND SHOWER ROOMS

Item Column 1
Type of Room
Column 2
Ventilation Requirements in litres per second (l/s)

1.

Change Room

  1. (a) for employees with clean work clothes
  2. (b) for employees with wet or sweaty work clothes
  3. (c) for employees who work where work clothes pick up heavy odours
  1. (a) 5 l/s per m2 of floor area
  2. (b) 10 l/s per m2 of floor area; 3 l/s exhausted from each locker
  3. (c) 15 l/s per m2 of floor area; 4 l/s exhausted from each locker

2.

Sanitary Facility

10 l/s per m2 of floor area; at least 10 l/s per toilet compartment; minimum 90 l/s

3.

Shower Room

10 l/s per m2 of floor area; at least 20 l/s per shower head; minimum 90 l/s

6.2.3 Noise level

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

161. (2) Subject to subsection (3), if it is not reasonably practicable for an employer to maintain the level of sound in the work place at less than 85 dB, an employee must not be exposed in any 24-hour period

  1. to a level of sound set out in column 1 of the table to this section for a number of hours that is more than the number set out in column 2; or
  2. to any combination of the different levels of sound set out in column 1 of the table to this section, if the number of hours of exposure to each level of sound divided by the maximum number of hours of exposure for that level per 24-hour period set out in column 2 of the table to this section is more than one.

(3) An employee must not be exposed to a continuous level of sound in crew accommodation that is more than 75 dB.

TABLE

MAXIMUM EXPOSURE TO LEVELS OF SOUND IN THE WORK PLACE

Item Column 1
Levels of Sound in dB
Column 2
Maximum Number of Hours of Exposure per Employee per 24-hour Period
1. 85 or more but not more than 90 8
2. more than 90 but not more than 92 6
3. more than 92 but not more than 95 4
4. more than 95 but not more than 97 3
5. more than 97 but not more than 100 2
6. more than 100 but not more than 102 1.5
7. more than 102 but not more than 105 1
8. more than 105 but not more than 110 0.5
9. more than 110 but not more than 115 0.25
10 more than 115 0

6.2.4 Hazard Investigation

Maritime Occupational Health and Safety Regulations (SOR/2010-120)

162. (1) If it is not reasonably practicable for an employer to maintain the exposure of an employee to a level of sound at or below the levels referred to in the section above, the employer must

  1. appoint a qualified person to carry out an investigation of the degree of exposure;
  2. notify the work place committee or the health and safety representative of the investigation and of the name of the person appointed to carry out the investigation; and
  3. provide every employee entering the work place with a hearing protector that
    1. meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and
    2. reduces the level of sound reaching the employee's ears to less than 85 dB.

(2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place must be performed instantaneously, in normal working conditions, using the slow response setting of a sound level meter.

(3) During the investigation referred to in subsection 1, the following matters must be considered:

  1. the sources of sound in the work place;
  2. the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of that exposure;
  3. the methods being used to reduce the exposure;
  4. whether the exposure of the employee is likely to be more than the limits prescribed by section 161; and
  5. whether the employee is likely to be exposed to a noise exposure level equal to or greater than 85 dBA.

(4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, as the case may be, the person appointed to carry out the investigation must set out in a written report signed and dated by the person

  1. observations respecting the matters considered under subsection (3);
  2. recommendations respecting the measures that are to be taken in order to comply with section 161; and
  3. recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA and not greater than 87 dBA.

(5) The report must be kept by the employer at the work place where it applies for a period of 10 years after the day on which the report is submitted.

(6) If it is stated in the report that employees are likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 85 dBA, the employer must, without delay,

  1. post and keep posted a copy of the report in a conspicuous place in the work place where it applies; and
  2. provide the employees with written information describing the hazards associated with exposure to high levels of sound.

6.3 ILO Convention 152 - Occupational Safety and Health (Dock Work) Convention, 1979

6.3.1 General

6.3.1.1 Vessels following the Canadian Supplement to the SOLAS Convention as part of their regulatory regime shall comply with the requirements of the Cargo, Fumigation and Tackle Regulations, Part 3, Division 1 – Cargo Gear (SOR/2007-128), applicable to lifting appliances that are part of the vessel's equipment.

7 REGULATIONS UNDER OTHER DEPARTMENTS

7.1.1 General

7.1.1.1 Other Federal Departments also have regulations which have an impact on the design and construction of ships. The following regulations apply to Canadian vessels, but do not fall under the jurisdiction of Transport Canada.

7.1.2 Potable Water Regulations for Common Carriers

7.1.2.1 Under the jurisdiction of the Minister of Health, the Potable Water Regulations for Common Carriers (C.R.C., c. 1105) contain specific requirements for carriage of potable water on Canadian passenger vessels, including restrictions on the location of potable water tanks. These regulations are under the authority of Health Canada.

7.1.3 Non-smokers' Health Regulations

7.1.3.1 Under the jurisdiction of the Minister of Labour, the Non-smokers' Health Regulations (SOR/90-21) contain specific requirements related to the designation of smoking areas.

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