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Charts and Nautical Publications Regulations - SOR/95-149 (Canada) - Arctic Waters Pollution Prevent (ID: 9491)
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Publications Vehicle importation Vehicle recalls Transport Canada ARCTIC WATERS POLLUTION PREVENTION ACT CANADA SHIPPING ACT Charts and Nautical Publications Regulations, 1995 SOR/95-149 -------------------------------------------------------------------------------- Short Title Interpretation SCHEDULE Established by -------------------------------------------------------------------------------- REGULATIONS REQUIRING THE PRESENCE ON BOARD SHIPS OF APPROPRIATE CHARTS, TIDE TABLES AND OTHER NAUTICAL DOCUMENTS OR PUBLICATIONS AND RESPECTING THEIR MAINTENANCE AND USE Short Title 1. These Regulations may be cited as the Charts and Nautical Publications Regulations, 1995. Interpretation 2. In these Regulations, "chart" carte "Chart" means a nautical chart. "nautical mile" mille marin "Nautical mile" means the international nautical mile. "reference catalogue" catalogue de r f rence "Reference catalogue" in respect of an area to be navigated by a ship, means: (a) for waters under Canadian jurisdiction, the Catalogue of Nautical Charts and Related Publications, published by the Canadian Hydrographic Service, and (b) for waters outside Canadian jurisdiction, the Catalogue of Admiralty Charts and Other Hydrographic Publications, published by the Government of the United Kingdom, or the Catalog of Charts and Publications, published by the Government of the United States of America. "tons" tonneaux "Tons" means gross tons. "waters under Canadian jurisdiction" eaux de comp tence canadienne "Waters under Canadian jurisdiction" means: (a) Canadian waters, and (b) the exclusive economic zone of Canada. Application 3. These Regulations apply to Canadian ships in all waters and to all ships in waters under Canadian jurisdiction. Exceptions 3.1 (1) Subsection 4(1) does not apply if the owner and the master of a ship are unable to obtain the charts, documents or publications, required by these Regulations in respect of the area in which the ship is being navigated, at any place at which the ship calls. (2) Subsections 5(1) and 6(1) and (2) do not apply if the person in charge of the navigation of a ship is unable to obtain the charts, documents or publications, required by these Regulations in respect of the area in which the ship is being navigated without endangering the ship, contravening applicable regulations or requiring the ship to make a substantial detour. (3) Section 7 does not apply if the circumstances of the voyage are such that it is impracticable to receive Notices to Mariners, Notices to Shipping or radio navigational warnings containing information with regard to the safe navigation of the ship. Prohibition 3.2 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. Carriage of Charts and Publications 4. (1) Subject to subsection (2), the master and owner of every ship shall have on board, in respect of each area in which the ship is to be navigated, the most recent editions of the charts, documents and publications that are required to be used under sections 5 and 6. (2) The master and owner of a ship of less than 100 tons are not required to have on board the charts, documents and publications referred to in subsection (1) if the person in charge of navigation has sufficient knowledge of the following information, such that safe and efficient navigation in the area where the ship is to be navigated is not compromised: (a) the location and character of charted (i) shipping routes, (ii) lights, buoys and marks, and (iii) navigational hazards; and (b) the prevailing navigational conditions, taking into account such factors as tides, currents, ice and weather patterns. Use of Charts 5. (1) Subject to subsection (2), the person in charge of the navigation of a ship shall use the most recent edition of a chart that (a) is published by the government of a country; (b) applies to the immediate area in which the ship is being navigated; (c) is, for that area, (i) the largest scale chart according to the reference catalogue, or (ii) of a scale that is at least 75 per cent of the scale of the chart referred to in subparagraph (i) and is as complete, accurate, intelligible and up-to-date as that chart. (2) The person in charge of the navigation of a ship may use the most recent edition of a chart that is the second-largest scale chart for an area according to the reference catalogue where (a) the scale of the chart is at least 1:400,000 (2.16 nautical miles to the centimetre); and (b) the ship is (i) more than five nautical miles from any charted feature or charted depth of water that represents a potential hazard to the ship, or (ii) within an area for which the largest scale chart, according to the reference catalogue, is primarily (A) a chart intended for the use of pleasure craft, or (B) a chart of an anchorage, a river or a harbour that the ship will not transit or enter. Use of Documents and Publications 6. (1) Subject to subsection (3), the person in charge of the navigation of a ship in waters under Canadian jurisdiction shall use, in respect of each area to be navigated by the ship, the most recent edition of (a) the reference catalogue; (b) the annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans; (c) the following publications, namely, (i) sailing directions, published by the Canadian Hydrographic Service, (ii) tide and current tables, published by the Canadian Hydrographic Service, (iii) lists of lights, buoys and fog signals, published by the Department of Fisheries and Oceans, and (iv) where the ship is required to be fitted with radio equipment pursuant to any Act of Parliament or of a foreign jurisdiction, the Radio Aids to Marine Navigation, published by the Department of Fisheries and Oceans; and (d) the documents and publications listed in the schedule. (2) Subject to subsection (3), the person in charge of the navigation of a Canadian ship in waters outside Canadian jurisdiction shall use, in respect of each area to be navigated by the ship, the most recent edition of (a) the reference catalogue; (b) the annual edition of the Notices to Mariners, published by the Department of Fisheries and Oceans; (c) the following publications referred to in the reference catalogue, namely, (i) sailing directions, (ii) tide and current tables, (iii) lists of lights, and (iv) where the ship is required to be fitted with radio equipment pursuant to an Act of Parliament, the list of radio aids to navigation; and (d) the documents and publications listed in the schedule. (3) The documents and publications referred to in paragraphs (1)(c) and (d) and (2)(c) and (d) may be replaced by similar documents and publications issued by the government of another country, if the information contained in them that is necessary for the safe navigation of a ship in the area in which the ship is to be navigated is as complete, accurate, intelligible and up-to-date as the information contained in the documents and publications referred to in those provisions. Maintenance of Charts, Documents and Publications 7. The master of a ship shall ensure that the charts, documents and publications required by these Regulations are, before being used for navigation, correct and up-to-date, based on information that is contained in the Notices to Mariners, Notices to Shipping or radio navigational warnings. 8. SCHEDULE (Section 6) DOCUMENTS AND PUBLICATIONS 1. 2. Ice Navigation in Canadian Waters, published by the Department of Transport, where the ship is making a voyage during which ice may be encountered. 3. Table of Life-Saving Signals, published by the International Maritime Organization and reprinted by the Department of Transport, where the ship is making a foreign voyage, a home-trade voyage, Class I, II or III, or an inland voyage, Class I. 4. The Merchant Ship Search and Rescue Manual (MERSAR), published by the International Maritime Organization, where the ship is making a foreign voyage or a home-trade voyage, Class I or II. 5. Where the ship is required to be fitted with radio equipment and is making a foreign voyage or a home-trade voyage, Class I or II, the following publications, published by the International Maritime Organization and reprinted by the Department of Transport: (a) the International Code of Signals; and (b) the Standard Marine Navigational Vocabulary. Established by the CONSOLIDATED REGULATIONS OF CANADA, 1978. amended by SOR/79-585 10 August, 1979 pursuant to sections 400 and 730 of the Canada Shipping Act Substitution of the word "catalogue" for the words "Information Bulletin" wherever the latter words occur in section 2, paragraph 5(1)(c), subsection 5(2) and paragraph 6(1)(b); and in the French version substitution of the words "Avis aux navigateurs" for the words "Avis aux marins" wherever the latter words occur in paragraphs 6(1)(c) and 14(1)(b). SOR/79-731 11 October, 1979 pursuant to sections 400 and 730 of the Canada Shipping Act Section 2 by adding the definition "nautical mile"; subsection 5(2) following subparagraph (b)(ii); and subsection 13(2) following subparagraph (b)(ii). SOR/85-1042 31 October, 1985 pursuant to sections 400 and 730 of the Canada Shipping Act Subparagraph 6(1)(a)(v); and subparagraph 14(1)(b)(ii). SOR/95-149 21 March, 1995 pursuant to paragraph 562.1(1)(a) of the Canada Shipping Act and subparagraph 12(1) (a) (viii) of the Arctic Waters Pollution Prevention Act Revoked and replaced. SOR/95-536 7 November, 1995 pursuant to paragraph 562.1(1)(a) of the Canada Shipping Act and subparagraph 12(1) (a) (viii) of the Arctic Waters Pollution Prevention Act Subsection 6(3). SOR/2002-152 11 April, 2002 pursuant to paragraph 562.1(1)(a) of the Canada Shipping Act and subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution Prevention Act, comes into force April 11, 2002. Item 1 of the schedule is repealed. SOR/2002-424 21 November, 2002 pursuant to paragraph 562.1(1)(a) ( R.S., c. 6 (3rd Supp.), s. 78) of the Canada Shipping Act and subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution Prevention Act, comes into force November 21, 2002. The definition "waters under Canadian jurisdiction" in section 2 of the Charts and Nautical Publications Regulations, 1995 (SOR/95-149) is amended by adding the word "and" at the end of paragraph (a) and by replacing paragraphs (b) and (c); Section 3.1, 3.2 are added after section 3; Section 8 and the heading before it are repealed; The expression "Department of Transport" with the expression "Department of Fisheries and Oceans" wherever it occurs in the following: paragraph 6(1)(b); subparagraphs 6(1)(c)(iii) and (iv); and paragraph 6(2)(b), are replaced. -------------------------------------------------------------------------------- Last updated: 2003-05-22 Important Notices Transport Canada Pacific Region Prairie & Northern Region Ontario Region Quebec Region Atlantic Region About us Our offices Organization and senior management Departmental publications Programs and services Acts Regulations Media room e-news News releases Reference centre Speeches and statements Media contacts Hot news Events Environment Environmental protection Sustainable development Climate change Emergencies Emergencies and crises Emergency preparedness Security Transport of dangerous goods Air Our offices Passengers Pilots Flight instructors Maintenance technicians Commercial airlines Security Transport of dangerous goods Marine Our offices Small commercial vessels Large commercial vessels Pleasure craft Marine security Marine infrastructure Transport of dangerous goods Rail Our offices Safety at railway crossings Rail infrastructure Transport of dangerous goods Road Our offices Child safety Information for Drivers Infrastructure Motor carriers Road safety Transport of dangerous goods Major issues Enhancing transportation security Straight Ahead: Vision Strategic Highway Infrastructure Program TC Government On-line Government of Canada Initiatives Charts and Nautical Publications Regulations - SOR/95-149 (Canada) - Arctic Waters Pollution Prevent