SOR/2008-12120084

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20236

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CANADA SHIPPING ACT, 2001Special-purpose Vessels RegulationsP.C.2008-77520084

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 35(1)(e)a, section 100 and subsection 120(1) of the Canada Shipping Act, 2001b, hereby makes the annexed Special-purpose Vessels Regulations.aS.C. 2005, c. 29, s. 16(1)bS.C. 2001, c. 26Interpretation

1The following definitions apply in these Regulations.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, in respect of a vessel, means its master. (guide)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 EquipmentVessels

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.

5Every 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.SOR/2023-105, s. 11(F)

8(1)A first aid kit that contains the following shall be carried in a watertight container by one vessel out of every five or fewer vessels travelling together:(a)20 adhesive bandages;(b)two sterile pads;(c)one 10-cm × 4.5-m gauze bandage;(d)one 7.5-cm × 4.5-m roller bandage;(e)one triangular bandage, with a minimum base length of 100 cm, and two pins;(f)one 1.25-cm × 4.5-m roll of adhesive first-aid tape;(g)one pair of safety scissors;(h)60 mL of antiseptic wound solution and 10 disposable applicators, or 10 antiseptic swabs;(i)a first aid manual;(j)two pairs of latex examination gloves; and(k)one resuscitation face shield.(2)Every vessel shall carry a throw bag that has at least 15 m of buoyant line.SOR/2023-105, s. 12(F)

9Every vessel shall carry, travel with another vessel that carries or be at all times within 5 km of a cache that contains(a)a repair kit for inflatable vessels;(b)an air pump;(c)an engine repair kit and a spare motor if the vessel is propelled by a motor; and(d)a spare oar with an oarlock or clip if the vessel is propelled by oars.

Operational Requirements

10(1)Every vessel’s guide shall(a)be at least 18 years of age;(b)hold a standard first aid certificate as defined in section 16.1 of the Canada Occupational Health and Safety Regulations; and(c)if the excursion is in class 3 or above waters, have completed five excursions in class 3 or above waters on an inflatable vessel, other than a motorized rigid-hull inflatable vessel.(2)If the excursion is in class 3 or above waters, every vessel’s guide shall have completed one excursion on any type of vessel in those waters. However, if the excursion includes more than five nights, any guide who is not the excursion leader may instead have completed one excursion in other waters that are of equal or greater difficulty to navigate than the waters in which the excursion takes place.(3)Before an excursion is started, every vessel’s guide shall ensure that he or she is aware of(a)the current and expected conditions and the hazards of the waters in which the excursion will take place; and(b)the contents of the rescue plan required by section 17.

11Every overnight excursion in class 3 or above waters shall include the participation of a person who holds a swift-water rescue certificate that is evidence of their successful completion of theoretical and practical training in the skills and knowledge necessary for swift-water rescues, including training in(a)selecting and using swift-water rescue equipment;(b)executing swift-water rescues;(c)ensuring the safety of rescue personnel; and(d)identifying and managing medical emergencies and carrying out evacuations.

12Before an excursion is started, every person on the excursion, other than the guides, shall receive a safety briefing that includes(a)information about the excursion and a warning about the nature of the hazards of the waters in which it will take place;(b)a description of the general safety precautions to take and the routine procedures to follow in the waters;(c)details of the requirement under section 13 to wear equipment, as well as directions regarding its use; and(d)a description of the procedures to follow in the event of emergencies during the excursion, including casualties, persons overboard and the swamping and capsizing of vessels.

13(1)Every person who is provided with a small-vessel lifejacket, white-water vest or personal flotation device under section 7 shall wear it when on board a vessel.(2)Every person who is provided with a helmet under subsection 7(4) shall wear it when on board a vessel in class 3 or above waters.(3)Every person who is provided with gear under subsection 7(6) shall wear it when on board a vessel in class 3 or above waters where the water temperature is less than 15°C.

14Any equipment or material that is on board a vessel and that is not being used shall be stowed and secured in place when the vessel is moving.SOR/2023-105, s. 13

15No person may be allowed on board a vessel if there are reasonable grounds to believe that their faculties are impaired by alcohol or a drug to an extent that they might present a hazard to the vessel or to persons on board it.

16Except in an emergency, no vessel shall be operated(a)in class 3 or above waters unless it is accompanied by another vessel, whether inflatable or not; or(b)in class 3 or above waters during the period beginning one-half hour after sunset and ending one-half hour before sunrise.

17On every excursion, a rescue plan in respect of the excursion that contains the procedures to be followed in the event of an emergency, including the following procedures, shall be carried on a vessel:(a)a description of the means of communication to be used in an emergency;(b)emergency telephone numbers, such as the telephone numbers of local law enforcement and search and rescue groups;(c)a description of pull-out or extraction sites from which, in an emergency, persons can be transported by air or land; and(d)the procedures to be followed in a medical emergency.

Records

18Every person in charge of an enterprise that engages in an excursion shall keep, for three years after the excursion, records that include(a)in respect of each guide on the excursion, the name of the guide, the date of the excursion, the number of passengers on the excursion and the class of waters and a geographical description of the waters in which the excursion took place;(b)information in respect of the certificates required by paragraph 10(1)(b) and section 11, including the name of the holder of the certificate, its date of issuance and, if applicable, the name of the institution that issued it and the endorsed propulsion method as chosen by the enterprise or specified on the swift-water rescue certificate;(c)a description of the safety briefing required by section 12; and(d)a copy of the rescue plan required by section 17.SOR/2023-105, s. 14

Consequential Amendments to the Small Vessel Regulations

19[Amendments]

Coming into Force

20These Regulations come into force on the day on which they are registered.

SOR/2023-1052023-06-07