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CANADIAN COAST GUARD AUXILIARY - PACIFIC

REGULATIONS AND PUBLICATIONS


March 2012


Standard


Standards

• Be aware of the Canada Shipping Act, Collisions Regulations, Vessel Operation Restriction Regulations, Pilotage and Navigation Safety Regulations, harbour rules and local marine regulations.

• Have knowledge of the Receiver of Wrecks.

• Have sufficient knowledge of the above to consult and interpret them.


Canada Shipping Act 2001



• This is the overarching marine legislation, under which regulations are made, and has been in force since 2007.

• It is as the principal legislation governing safety in marine transportation and recreational boating, as well as protection of the marine environment.



• It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (from canoes and kayaks to cruise ships and tankers).

• It may be found at:

http://www.tc.gc.ca/Acts-Regulations/acts/2001c26/menu.htm


Regulations


Collision Regulations

• International Regulations for Preventing Collision at Sea 1972 plus Canadian Modifications

• Defines how vessels should act to prevent collision, and what action must be taken when risk of collision exists.

• A copy is to be found under Training Materials on the CCGA-P web site.


Port Regulations

• Port Regulations

• Most commercial ports of any size have their own regulations, as will naval ports such as Esquimalt.

• A few examples web sites are listed below.


Port Regulations

• Nanaimo

• http://canadagazette.gc.ca/archives/p1/1999/1999-06-26/html/nanaimo-eng.html

• Vancouver

• http://www.portmetrovancouver.com/Libraries/PORT_USERS_Marine_Operations/harbour_manual.sflb.ashx


Port Regulations

• Victoria

http://www.pointhopemaritime.com/pdf/vhts.pdf

This document gives details of the Victoria Harbour Traffic scheme, detailing rules and regulations, vessel operation procedures, collision regulations, and seaplanes


Vessel Operation Restriction Regulations

• These regulations, under the Canada Shipping Act 2001, regulate the operation of vessels on specific bodies of water in Canada.

• These regulations contain schedules that set out operational restrictions such as speed limits and maximum horsepower or when and where certain activities, such as water-skiing, are permitted.



• How are restrictions imposed?

• A local group, association or municipality that wants to implement a restriction should obtain information about application procedures from the provincial government authority designated by the federal government.



• The request for a restriction requires that the need for the implementation of a restriction be assessed and that public consultation be held at the local level.

• A resolution to adopt a restriction is then forwarded to the designated provincial authority which, in turn, applies for federal approval by Privy Council for inclusion in the Vessel Operation Restriction Regulations.



• How are restrictions enforced?

• Once a boating restriction is in place, compliance is enforced by peace officers at all levels of government or by any officer specially appointed by the Minister of Transport.

• Sanctions are in the form of tickets or summons.



• How do you read a restriction sign?

• There are five types of shapes for the restriction signs.

• The frame colour is international orange.

• Signs with a section with a green border indicate that a special condition applies to the restriction (for example, the day/time an activity is allowed).



• The symbol on the sign indicates the type of restriction which applies.

• If the sign is arrow-shaped, the restriction applies in the direction pointed by the arrow.

• Note: Certain provinces have adopted a restriction to limit speed to 10 km/h within 30 metres from shore on all waters within their boundaries, except for:



1.water-skiing, where the vessel follows a trajectory perpendicular to the shore; or

2.within an area designated by buoys as an area where another speed is permitted; or

3. in rivers of less than 100 m in width; or

4. in waters where another speed is prescribed under the Regulations.

• This limit is not posted. As of the date of printing, this restriction applies in the provinces of Alberta, Manitoba, Saskatchewan, Ontario and the inland waters of British Columbia and Nova Scotia.



• Restriction Signs

• No power vessels

• No internal combustion or steam engine is permitted




• Power limit

• Standardized speed limit (normally 5,10,25,40,55)




• No skiing

• No regatta




• No boats

• No power driven vessels in the direction indicated by the arrow




• No skiing north of the sign

• Combined sign (no skiing and speed limit)

• No power vessels between the hours and days in red


Small Vessel Regulations

• These regulations apply to all small commercial vessels which are less than 15 gross tons.

• Where passengers are being carried, no more than 12 are to be on board.

• A pleasure craft is defined as a vessel used for pleasure and not for a commercial purpose.


Small Vessel Regulations

• A passenger is defined as anyone not being the master, crew, or persons employed on board, anyone being carried on board as part of the obligation to carry shipwrecked persons, or as a guest on board where the vessel is used exclusively for pleasure and the guest is carried without remuneration or any object of profit.


Competency of Pleasure Craft Operator Regulations

• The operators of powered pleasure craft need to have an approved qualification to operate their craft in canadian waters.

• This may consist of proff of having attended a safe boating course prior ro 1999, a Pleasure Craft Operators Certificate, or superior Transport Canada approved commercial certification.


Annual Notice To Mariners



• These contain information on:

• Aids to navigation

• Marine mammal guidelines and marine protected areas

• Ice navigation

• Fishing activity

• Navigation safety

• Charts and publications



• Obstructions

• Oil and gas exploration and exploitation

• Pilotage services

• Marine communications and traffic services

• Search and rescue

• Marine occurrences

• Military notices



• General information


Receiver of Wreck


Receiver of Wreck

• (Navigable Waters Protection Program 1-877-842-5606)

• The Receiver of Wreck is an officer of Transport Canada, designated under the Canada Shipping Act 2001.


Receiver of Wreck

• The Receiver of Wreck acts as the custodian of found and recovered wreck. This involves researching ownership and working with the finder/salvor, owner, archaeologists, museums, and other interested parties.

• If no owner is found, the Receiver of Wreck may dispose of the wreck or award the wreck in whole or in part to the salvor.


Receiver of Wreck

• What is Wreck?

• ‘Wreck' can be a vessel of any description, an aircraft, or part of a vessel or aircraft that floats, sinks to the bottom or lands ashore.

• It also includes cargo or personal belongings of the crew or shipwrecked people.


Receiver of Wreck

• Wreck is sometimes referred to in the following terms.

Flotsam are goods lost from a vessel which are recoverable because they have floated.

Jetsam are goods cast overboard (jettisoned) in order to lighten a vessel.


Receiver of Wreck

• Derelict is property which has been abandoned and deserted in waters by those who were in charge without any hope of recovering it. This includes vessels and cargo.

Lagan (or ligan) are goods cast overboard and buoyed so that they can be recovered later.


Receiver of Wreck

• any other thing that was part of or was on a vessel wrecked, stranded or in distress.

aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.


Salvaging a Wreck

• If you find a wreck and are not the owner, you must report it to the Receiver of Wreck in that region as soon as possible.

• Because this is often misunderstood, it is important to note that finding wreck does not necessarily give you the right to salvage it, nor does it give you ownership rights.


Salvaging a Wreck

• Not reporting wreck to the Receiver of Wreck is an offence and the person committing the offence is liable to a fine up to $100,000 and/or imprisonment up to a year.

• Consult a Navigable Waters Protection Program officer will help to determine what action can be taken.

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