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CANADA SHIPPING ACT, 2001Shipping Casualties Reporting RegulationsRegulations Respecting the Reporting of Shipping Casualties, Accidents, Dangerous Occurrences, Deaths and Disappearances of Persons on ShipsP.C.1985-180419855

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 543 of the Canada Shipping Act, is pleased hereby to revoke the Shipping Casualties Reporting Regulations, C.R.C., c. 1478 and to make the annexed Regulations respecting the reporting of shipping casualties, accidents, dangerous occurrences, deaths and disappearances of persons on ships, in substitution therefor.Short Title

1These Regulations may be cited as the Shipping Casualties Reporting Regulations.

Definitions

2In these Regulations,accident includes an accident occurring on board a ship as a result of which a person or several persons(a)lose their lives,(b)are believed to be missing overboard from a ship,(c)sustain bodily injuries serious enough to prevent the resumption of normal duties within 24 hours after medical treatment,(d)suffer temporary asphyxiation, or(e)suffer electrocution that results in temporary loss of consciousness; (accident)Act means the Canada Shipping Act; (Loi)Canadian radio ship reporting station means a Canadian Coast Guard radio station or a Canadian Vessel Traffic Service Centre of the Department of Transport, a Canadian marine radio station operated by the St. Lawrence Seaway Authority or a Canadian harbour radio station; (station de radiocommunications maritime canadienne)dangerous occurrence includes an event involving(a)the breakage or malfunction of any rigging, structure or machinery on a ship or belonging to a ship that could have caused serious injury or loss of life, or(b)a situation which could have resulted in a casualty or accident; (événement dangereux)shipping casualty means a shipping casualty described in section 541 of the Act. (sinistre maritime)SOR/85-1088, s. 1

Application

3These Regulations apply to all ships in Canadian waters and to all Canadian ships in any waters.

Preliminary Report

4(1)Where a ship, or a vessel being towed by a ship, is involved in a shipping casualty, an accident or a dangerous occurrence, the master, any certificated officer, operator, member of the crew, pilot or person responsible for the ship, or the vessel being towed, shall report the incident without delay in accordance with subsections (2) and (3).(2)Subject to subsection (3), the report referred to in subsection (1) shall be made without delay(a)by radio communication to a Canadian radio ship reporting station, where the shipping casualty, accident or dangerous occurrence takes place in Canadian waters or on a voyage to or from a Canadian port or alongside a port facility in a Canadian port; or(b)where the shipping casualty, accident or dangerous occurrence takes place outside the range of a Canadian radio ship reporting station, to(i)any other radio ship reporting station,(ii)a chief officer of customs or the superintendent of a mercantile marine office, if the location is in a Commonwealth country other than Canada, or(iii)a Canadian consular officer, if the location is a place other than a place referred to in subparagraph (ii).(3)Where the report referred to in subsection (1) cannot be communicated by radio from a ship while it is in a Canadian port, the shipping casualty, accident or dangerous occurrence shall be reported by telephone to the local Canadian radio ship reporting station, or to the Canadian Coast Guard Operations Centre of the Department of Transport in Ottawa.(4)The report referred to in subsection (1) shall indicate(a)the identity of the ship from which the report is being made;(b)the nature of the incident;(c)the identity of the ship or ships involved in the incident;(d)the date, time and location of the incident;(e)the number of persons killed, missing or injured as a result of the incident;(f)whether a pilot is on board the ship or ships involved in the incident; and(g)whether the incident has caused or is likely to cause(i)an obstruction to navigation or any other serious hazard, or(ii)pollution of any waters.SOR/85-1088, s.2

Written Report

5(1)Where a ship is involved in a shipping casualty, an accident or a dangerous occurrence, the master, any certificated officer, operator, member of the crew or person responsible for the ship shall(a)within 24 hours of the occurrence of the incident or as soon as possible thereafter, make a written report on the incident, including a statement as to its probable cause; and(b)forward the report by air mail without delay to the Chief, Marine Casualty Investigations, Department of Transport, Ottawa.(2)The report referred to in subsection (1) shall(a)be made on the form set out in the schedule; and(b)where possible, be completed(i)in Canada, in the presence of a chief officer of customs, a Department of Transport marine casualty investigations officer, a Canadian Coast Guard ship safety officer or any other Department of Transport Coast Guard officer, or, where none of these persons is available, a Royal Canadian Mounted Police officer.(ii)in another Commonwealth country, in the presence of a chief officer of customs or the superintendent of a mercantile marine office, or(iii)in a country other than a country referred to in subparagraph (i) or (ii), in the presence of a Canadian consular officer.SOR/85-1088, s.3

Other Reports

6Where a report is made pursant to subsection 642(1) of the Act contains all the information required by section 5 of these Regulations, no report is required to be field under section 5 of these Regulations.SOR/85-1088, s. 4

SCHEDULE / ANNEXE(Section 5 / article 5)Report of a Shipping Casualty and/or an Accident on Board Ship formContinued Report of a Shipping Casualty and/or an Accident on Board Ship formContinued Report of a Shipping Casualty and/or an Accident on Board Ship formFOR SIGNATURESIGNATURETHIS FORM SHALL BE COMPLETED AND SIGNED BY THE MASTER, ANY CERTIFICATED OFFICER IN CHARGE OF THE SHIP, ANY MEMBER OF THE CREW OR ANY PERSON RESPONSIBLE FOR THE SHIP, OR THE VESSEL BEING TOWED,(i)IN CANADA, IN THE PRESENCE OF A CHIEF OFFICER OF CUSTOMS, A MARINE CASUALTY INVESTIGATIONS OFFICER, A SHIP SAFETY OFFICER, ANY OTHER COAST GUARD OFFICER, OR AN RCMP OFFICER WHERE NONE OF THOSE PERSONS IS AVAILABLE,(ii)IN ANOTHER COMMONWEALTH COUNTRY, IN THE PRESENCE OF A CHIEF OFFICER OF CUSTOMS OR THE SUPERINTENDENT OF A MERCANTILE MARINE OFFICE, OR(iii)IN ANY OTHER COUNTRY, IN THE PRESENCE OF A CANADIAN CONSULAR OFFICER.LE PRÉSENT FORMULAIRE DOIT ÊTRE REMPLI ET SIGNÉ PAR LE CAPITAINE, TOUT OFFICIER BREVETÉ RESPONSABLE DU NAVIRE, TOUT MEMBRE D’ÉQUIPAGE OU TOUTE PERSONNE RESPONSABLE DU NAVIRE OU DU BÂTIMENT REMORQUÉ,(i)AU CANADA, EN PRÉSENCE D’UN PRÉPOSÉ EN CHEF DES DOUANES, D’UN AGENT DES SERVICES D’ENQUÊTE SUR LES ACCIDENTS MARITIMES, D’UN AGENT DE LA DIRECTION DE LA SÉCURITÉ DES NAVIRES, DE TOUT AUTRE AGENT DE LA GARDE CÔTIÈRE OU D’UN AGENT DE LA GRC SI AUCUNE DES PERSONNES SUSMENTIONNÉES N’EST PRÉSENTE,(ii)DANS UN AUTRE PAYS DU COMMONWEALTH, EN PRÉSENCE D’UN PRÉPOSÉ EN CHEF DES DOUANES OU D’UN SURINTENDANT D’UN BUREAU DE LA MARINE MARCHANDE, OU(iii)DANS TOUT AUTRE PAYS, EN PRÉSENCE D’UN FONCTIONNAIRE CONSULAIRE DU CANADA.IF NONE OF THESE PERSONS IS AVAILABLE WITHIN THE 24 HOURS IMMEDIATELY FOLLOWING THE FIRST LANDING AFTER THE INCIDENT, THE FORM SHALL BE FORWARDED DIRECTLY TO THE CHIEF, MARINE CASUALTY INVESTIGATIONS, TRANSPORT CANADA, OTTAWA, CANADA, K1A 0N7, WITHOUT THE SIGNATURE OF THE WITNESS.SI AUCUNE DES PERSONNES SUSMENTIONNÉES NE PEUT ÊTRE REJOINTE DANS LES 24 HEURES SUIVANT LE PREMIER DÉBARQUEMENT APRÈS L’INCIDENT, LE FORMULAIRE DOIT ÊTRE ENVOYÉ DIRECTEMENT AU CHEF, ENQUÊTES SUR LES ACCIDENTS MARITIMES, TRANSPORTS CANADA, OTTAWA, CANADA, K1A 0N7, SANS LA SIGNATURE DU TÉMOIN.Continued Report of a Shipping Casualty and/or an Accident on Board Ship formSOR/85-1088, s. 5(E)