Vol. 144, No. 10 — May 12, 2010

Registration

SOR/2010-83 April 22, 2010

CANADA SHIPPING ACT, 2001

Fire and Boat Drills Regulations

P.C. 2010-478 April 22, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 35(1)(e) (see footnote a) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Fire and Boat Drills Regulations.

FIRE AND BOAT DRILLS REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“certificated person”
« personne brevetée »

“certificated person” has the same meaning as in subsection 1(1) of the Marine Personnel Regulations.

“fire alarm signal”
« signal d’alarme-incendie »

“fire alarm signal” means the continuous sounding of a vessel’s fire alarm.

“fishing vessel”
« bâtiment de pêche »

“fishing vessel” has the same meaning as in subsection 1(1) of the Marine Personnel Regulations.

“general emergency alarm signal”
« signal d’alarme générale en cas d’urgence »

“general emergency alarm signal” means a succession of seven or more short blasts followed by one long blast on the whistle or siren of a vessel.

“marine evacuation system”
« dispositif d’évacuation en mer »

“marine evacuation system” means an appliance for the rapid transfer of persons from the embarkation deck of a vessel to a floating survival craft.

“near coastal voyage, Class 1”
« voyage à proximité du littoral, classe 1 »

“near coastal voyage, Class 1” has the same meaning as in section 1 of the Vessel Certificates Regulations.

“rescue boat”
« canot de secours »

“rescue boat” has the same meaning as in subsection 2(1) of the Life Saving Equipment Regulations and, for greater certainty, includes an emergency boat that performs the same functions.

“sheltered waters voyage”
« voyage en eaux abritées »

“sheltered waters voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations.

“survival craft”
« bateau de sauvetage »

“survival craft” has the same meaning as in subsection 2(1) of the Life Saving Equipment Regulations.

“unlimited voyage”
« voyage illimité »

“unlimited voyage” has the same meaning as in section 1 of the Vessel Certificates Regulations.

APPLICATION

Application

2. (1) These Regulations apply in respect of self-propelled Canadian vessels that

(a) are Safety Convention vessels; or

(b) are required to hold an inspection certificate under section 10 of the Vessel Certificates Regulations.

Exceptions

(2) These Regulations do not apply in respect of

(a) fishing vessels of 150 gross tonnage or less;

(b) cable ferries; and

(c) vessels of 15 gross tonnage or less that carry 12 or fewer passengers.

EMERGENCY INFORMATION

GENERAL

Muster lists

3. (1) Subject to section 4, the master of a vessel shall ensure that, at all times, there is a muster list and, in the case of a vessel that is equipped with rescue boats, a rescue boat muster list.

Posting

(2) The master of the vessel shall ensure that the lists required under subsection (1)

(a) are drawn up in either or both official languages, according to the needs of the crew; and

(b) are conspicuously posted throughout the vessel, including the navigation bridge, the engine room and the crew accommodations.

Separate document

(3) The rescue boat muster list may be a document separate from the muster list or an addendum to it.

Exception

4. The master of a vessel who has a means of informing crew members of the essential actions to be taken during an emergency is not required to ensure that there is a muster list or a rescue boat muster list if the vessel

(a) has a crew of fewer than three members and carries passengers; or

(b) has a crew of fewer than five members and does not carry passengers.

Illustrations and instructions

5. (1) The master of a vessel shall, before the vessel embarks on a voyage, prepare and post illustrations and instructions that inform passengers of

(a) the alarm signals used to indicate emergencies;

(b) the essential actions to be taken during an emergency;

(c) the location of their designated muster stations; and

(d) the method of correctly donning a lifejacket.

Posting

(2) The master of the vessel shall ensure that the illustrations and instructions required under subsection (1)

(a) are drawn up in both official languages; and

(b) are conspicuously posted in passenger staterooms, at muster stations and in other passenger spaces.

Updated information

6. The master of a vessel shall

(a) ensure that any information that is posted on board the vessel in accordance with these Regulations is kept up to date and is legible; and

(b) revise or replace the muster list or rescue boat muster list if there is a change in the crew of the vessel.

MUSTER LIST

Contents

7. (1) The master of a vessel shall ensure that a muster list contains the following information:

(a) a description of the general emergency alarm signal, the fire alarm signal and, if the vessel has one, the public address system;

(b) a description of how the order to abandon ship is given;

(c) an indication of the station at which each crew member is to report when the general emergency alarm signal or the fire alarm signal is sounded;

(d) a description of the specific duties assigned to each crew member and to be performed by the crew member when the general emergency alarm signal or the fire alarm signal is sounded, including

(i) closing the watertight doors, fire doors, valves, scuppers, side scuttles, skylights, portholes and other similar openings in the vessel,

(ii) equipping the survival craft and the other life saving appliances,

(iii) ensuring that the radio life saving equipment is placed on board the appropriate survival craft,

(iv) preparing and launching the survival craft,

(v) generally preparing the other life saving appliances,

(vi) mustering the passengers,

(vii) using the radiocommunication equipment,

(viii) performing the duties of fire parties, and

(ix) performing any special duties assigned in respect of the use of the fire fighting equipment and installations;

(e) the substitutes for key persons who may become disabled;

(f) the crew member responsible for each lifeboat and, if applicable, that member’s second-in-command;

(g) the crew member assigned as principal communicator in accordance with section 267 of the Marine Personnel Regulations; and

(h) the crew members who are assigned to ensure that the life saving appliances and fire fighting equipment and installations are maintained in good condition and are ready for immediate use.

Additional contents

(2) The master of a vessel that carries passengers shall ensure that, in addition to the information set out in subsection (1), the muster list contains the following information:

(a) a list of the actions to be taken by the passengers when the general emergency alarm signal or the fire alarm signal is sounded; and

(b) a description of the duties assigned to crew members and to be performed by them in relation to the passengers during an emergency, including

(i) warning the passengers of the emergency,

(ii) ensuring that the passengers are adequately dressed for protection against exposure and have donned their lifejackets correctly,

(iii) assembling the passengers at their designated muster stations,

(iv) locating and rescuing passengers who are trapped in their staterooms or who are otherwise unaccounted for during an emergency,

(v) keeping order in the passageways and on the stairways and generally controlling the movements of passengers, and

(vi) ensuring that a supply of blankets is taken to the survival craft.

Additional requirements

8. In preparing a muster list, the master of a vessel shall

(a) ensure that the number of certificated persons required to be on board and employed for each survival craft under Division 2 of Part 2 of the Marine Personnel Regulations are assigned to that survival craft;

(b) ensure that each available certificated person is assigned duties in connection with the preparation and launching of survival craft;

(c) in assigning members of the vessel’s crew to the crews of the survival craft, ensure an equitable distribution of certificated persons, deck officers and persons trained to assist others;

(d) if the vessel carries motorized survival craft, ensure that a person capable of operating the motor and carrying out minor adjustments to it is assigned to each motorized survival craft; and

(e) in selecting substitutes for key persons in case those persons become disabled, take into account that different emergencies may call for different actions.

RESCUE BOAT MUSTER LIST

Contents

9. (1) The master of a vessel shall ensure that a rescue boat muster list contains the following information:

(a) a description of the signal that will be sounded to muster the rescue boat crew to its designated position;

(b) the members of the rescue boat crew who are to report to the designated position; and

(c) the duties to be performed by each member of the rescue boat crew when that signal is sounded.

Certificated persons

(2) In preparing a rescue boat muster list, the master of the vessel shall ensure that the number of certificated persons required to be on board and employed for each rescue boat under section 209 of the Marine Personnel Regulations are assigned to that rescue boat.

MEASURES RESPECTING VESSELS THAT CARRY PASSENGERS

PASSENGER COUNT AND DETAILS

Passenger count

10. The master of a vessel that carries passengers shall, before the vessel embarks on a voyage, ensure that the following information is both communicated to him or her and recorded:

(a) the number of persons on board; and

(b) details respecting all persons who have declared a need for special care or assistance during an emergency.

Passenger details

11. (1) The master of a vessel that carries passengers shall, before the vessel embarks on one of the following voyages, ensure that the name and gender of each person on board the vessel are recorded in a way that distinguishes between adults, children and infants:

(a) an unlimited voyage or a near coastal voyage, Class 1;

(b) a voyage longer than 12 hours; or

(c) a voyage on which there is at least one assigned passenger berth.

Records

(2) The master of the vessel shall ensure that information recorded under this section is

(a) kept on shore in a manner that makes it readily available to search and rescue services; and

(b) updated if any passengers embark or disembark during the voyage.

Information privacy

(3) Personal information recorded under this section may be used or disclosed only for search and rescue purposes.

Definitions

(4) The following definitions apply in subsection (1).

“adult”
« adulte »

“adult” means a person who is 12 years of age or older.

“child”
« enfant »

“child” means a person who is five years of age or older but under 12 years of age.

“infant”
« enfant en bas âge »

“infant” means a person who is under five years of age.

Missing passengers

12. The master of a vessel that carries passengers shall ensure that procedures are in place for locating and rescuing passengers who are trapped in their staterooms or who are otherwise unaccounted for during an emergency.

PRACTICE MUSTERS AND SAFETY BRIEFINGS

Practice muster

13. (1) If passengers are scheduled to be on board a vessel for more than 24 hours, the master of the vessel shall ensure that a practice muster of the passengers and crew is held as soon as practicable but not later than 24 hours after the passengers embark.

Safety briefing

(2) If passengers are scheduled to be on board a vessel for 24 hours or less and a practice muster is not held, the master of the vessel shall ensure that, immediately before or after the vessel embarks on a voyage, a safety briefing is given to the passengers informing them of the safety and emergency procedures that are relevant to the type and size of the vessel.

Requirements

(3) The master of a vessel referred to in subsection (2) shall ensure that the safety briefing

(a) informs the passengers of the essential actions they must take during an emergency;

(b) specifies the location of lifejackets, survival craft and muster stations;

(c) informs the passengers in each area of the vessel of the location of the lifejackets and survival craft that are closest to them;

(d) instructs the passengers in the donning and use of their lifejackets;

(e) is given in either or both official languages, according to the needs of the passengers;

(f) is given on the vessel’s public address system if the vessel has one; and

(g) is given in a way that is likely to be understood by the passengers.

New passengers

(4) If new passengers embark after a practice muster has been held on a vessel, the master of the vessel is not required to hold another practice muster if a safety briefing that meets the requirements of subsection (3) is given to the new passengers before the vessel continues on its voyage.

Duties of crew

14. During a practice muster of passengers and crew, the crew members shall perform the duties assigned to them, including

(a) summoning the passengers to their designated muster stations;

(b) keeping order in passageways and on stairways and generally controlling the movements of the passengers as they proceed to their designated muster stations;

(c) assembling the passengers at their designated muster stations and ensuring that they are all accounted for;

(d) locating and rescuing passengers who are trapped in their staterooms or who are otherwise unaccounted for;

(e) instructing the passengers in dressing adequately for protection against exposure and in the donning and use of their lifejackets;

(f) ensuring that the passengers have donned their lifejackets correctly;

(g) ensuring that the passengers are made aware of how the order to abandon ship is given; and

(h) instructing the passengers in the actions that they must take during an emergency, including how to enter marine evacuation systems at the embarkation stations and board survival craft.

MEANS OF EXIT

Means of exit

15. (1) The master of a vessel that carries passengers and is made fast at a dock for a purpose other than embarking or disembarking passengers shall, if there are passengers on board, ensure that the vessel is provided with more than one means of exit from the vessel.

Conditions

(2) The means of exit shall be

(a) gangways with means of access from the various decks in the vessel; or

(b) other means of escape that allow the passengers to reach places of safety during an emergency if the vessel’s conditions of operation do not permit the use of more than one gangway.

DRILLS

GENERAL

Notification

16. Before sounding a signal for the commencement of a drill, the master of a vessel shall ensure that all passengers are notified, in either or both official languages, according to their needs, that a drill will be held and that there is no actual emergency.

Manner of carrying out

17. The master of a vessel shall ensure that drills, in so far as is feasible, are carried out as if there were an actual emergency.

Equipment and installations

18. The master of a vessel shall ensure that any equipment or installations used during a drill are immediately returned to their full operational condition and are ready for immediate reuse, and that any faults or defects discovered in equipment or installations during a drill are remedied as soon as practicable.

Reporting to stations

19. Unless otherwise instructed in a notification referred to in section 16, if the general emergency alarm signal or the fire alarm signal is sounded, the passengers, if any, shall proceed to their designated muster stations and the crew members shall report to their designated muster stations and prepare to perform their assigned duties as described in the muster list.

OBLIGATION TO HOLD AND TO PARTICIPATE IN DRILLS

Intervals

20. (1) The master of a vessel described in column 1 of the schedule that is on a voyage described in column 2 shall ensure that a fire drill and a survival craft drill are held on board the vessel at least once during each period set out in column 3.

Fire drills

(2) The master of the vessel shall ensure that a fire drill for the crew of the vessel is held within 24 hours after the vessel embarks on a voyage if more than 25% of the crew did not participate in a fire drill on board the vessel during the month before the vessel embarks.

Survival craft drills

(3) The master of the vessel shall ensure that a survival craft drill for the crew of the vessel is held within 24 hours after the vessel embarks on a voyage if more than 25% of the crew did not participate in a survival craft drill on board the vessel during the month before the vessel embarks.

Crew participation

21. Every member of the crew of a vessel shall participate in at least one fire drill and one survival craft drill every month.

Additional drills

22. In addition to the drills required under section 20, the master of a vessel shall ensure that enough fire drills and survival craft drills for the crew of the vessel are held to ensure that the entire crew is at all times competent and operationally ready to respond to the emergencies addressed by the drills.

FIRE DRILLS

Considerations

23. The master of a vessel shall ensure that fire drills are planned in such a way that due consideration is given to the practice followed in the various emergencies that could occur, depending on the type of vessel and its cargo.

Crew duties

24. During a fire drill, the master of a vessel shall ensure that the crew members perform the duties assigned to them in connection with the fire drill, including

(a) mustering the passengers, if any;

(b) locating and rescuing passengers, if any, who are trapped in their staterooms or who are otherwise unaccounted for;

(c) locating and rescuing crew members who are trapped in their accommodations or who are otherwise unaccounted for;

(d) checking the operation of the fire doors, fire dampers and main inlets and outlets of the ventilation systems;

(e) closing the fire doors, valves, scuppers, side scuttles, skylights, portholes and other similar openings in the vessel;

(f) inspecting and operating the fire pump or, if the vessel has one, the emergency fire pump using at least two jets of water in order to ensure that the system is in proper working order;

(g) inspecting the fire fighting equipment that is fitted or carried on the vessel, other than the fire fighting equipment referred to in paragraph (f), including

(i) fire fighters’ outfits and other personal rescue equipment,

(ii) the sprinkler systems,

(iii) the fire alarm systems,

(iv) the fire detection system, and

(v) the fire hoses and hydrants;

(h) inspecting and testing the relevant communications equipment, including the public address systems, alarm systems and klaxons;

(i) inspecting and testing the emergency lighting and power systems;

(j) preparing the survival craft and their equipment; and

(k) checking the necessary arrangements for a subsequent abandonment of the vessel.

SURVIVAL CRAFT DRILLS

Crew lists and duties

25. (1) Before a survival craft drill is held, the person in charge of a survival craft and his or her second-in-command shall each have a list of the survival craft crew members, and the person in charge shall ensure that the crew members know what their duties are.

Crew duties

(2) During a survival craft drill, the master of a vessel shall ensure that the crew members perform the duties assigned to them in connection with the survival craft drill, including

(a) mustering the passengers, if any;

(b) locating and rescuing passengers, if any, who are trapped in their staterooms or who are otherwise unaccounted for;

(c) locating and rescuing crew members who are trapped in their accommodations or who are otherwise unaccounted for;

(d) preparing for the launching of the survival craft and ensuring that the equipment and supplies, including a supply of blankets, that are required to be carried in the survival craft are in place and properly stowed;

(e) inspecting and, if practicable, testing the radio life saving equipment that is required to be carried in the survival craft;

(f) operating the davits used for launching life rafts;

(g) if the vessel carries motor lifeboats, starting and operating the lifeboat motors and verifying that the fuel tanks are filled to capacity;

(h) if the vessel carries survival craft other than lifeboats, participating in instruction in the operation and deployment of those survival craft;

(i) if the vessel is fitted with a marine evacuation system, carrying out the procedures required for the deployment of the system up to the point immediately preceding its actual deployment;

(j) testing the emergency lighting for the mustering of passengers and crew and for the abandonment of the vessel; and

(k) inspecting and testing the life saving appliances that are fitted or carried on the vessel, other than those referred to in paragraph (e) or (j) or in section 30.

Donning of suits

26. The master of a vessel shall ensure that the crew members are capable of donning the immersion suits or marine anti-exposure suits that are carried on the vessel.

Lifeboats

27. (1) The master of a vessel that carries more than one lifeboat shall ensure that a different lifeboat is launched by the assigned crew during each survival craft drill. However, subject to subsection (2) and sections 28 and 29, the master shall also ensure that each lifeboat on the vessel — including a lifeboat that is a rescue boat — is launched and manoeuvred in the water, by the assigned crew, at least once every three months during a survival craft drill.

Vessel at sea

(2) When the vessel is at sea, the launching and manoeuvring of a lifeboat during a drill referred to in subsection (1) may be replaced by the clearing and swinging out of one or more lifeboats if

(a) each lifeboat is cleared and swung out at least once every month; and

(b) each lifeboat is launched and manoeuvred in the water, by the assigned crew, at least once every three months.

Vessel under way

(3) When the vessel is under way, the master of the vessel shall ensure that the launching and manoeuvring referred to in paragraph (2)(b) are carried out in sheltered waters and under the supervision of an officer experienced in launchings and manoeuvrings while a vessel is under way.

Free-fall lifeboats — every three months

28. (1) The master of a vessel that carries free-fall lifeboats shall ensure that at least once every three months, during a survival craft drill, the crew members

(a) board the lifeboats;

(b) secure themselves properly in their seats; and

(c) carry out the launch procedure up to but not including the actual release of the lifeboats.

Additional steps

(2) Once the crew members have commenced the launch procedure referred to in paragraph (1)(c), the master of the vessel shall ensure that

(a) the lifeboats are either

(i) free-fall launched with only the operating crew on board, or

(ii) lowered into the water by means of the secondary means of launching with or without the operating crew on board; and

(b) the lifeboats are manoeuvred in the water by the operating crew.

Free-fall lifeboats — every six months

29. Despite subsection 28(2), the master of a vessel that carries free-fall lifeboats shall ensure that at least once every six months, during a survival craft drill, either

(a) the lifeboats are free-fall launched with only the operating crew on board; or

(b) a simulated launching of the lifeboats is carried out in accordance with the Guidelines for Simulated Launching of Free-Fall Lifeboats, the Appendix to Annex 2 of MSC.1/Circ. 1206, Measures to Prevent Accidents with Lifeboats, published by the International Maritime Organization on May 26, 2006, as amended from time to time.

Fire-protected lifeboats

30. The master of a vessel that carries fire-protected lifeboats shall ensure that the water spray system and the self-contained air supply for those lifeboats are tested at least once every six months during a survival craft drill.

RESCUE BOAT DRILLS

Intervals

31. (1) The master of a vessel that is equipped with rescue boats that are not lifeboats shall ensure that a rescue boat drill is held, separately from any other drill, at least once every month.

Crew on board

(2) During a rescue boat drill, the members of the crew of each rescue boat shall launch and manoeuvre the rescue boat in the water.

Vessel under way

(3) When the vessel is under way, the master of the vessel shall ensure that, during a rescue boat drill, the launching and manoeuvring of a rescue boat are carried out in sheltered waters and under the supervision of an officer experienced in launchings and manoeuvrings while a vessel is under way.

WATERTIGHT DOORS

Intervals

32. The master of a vessel shall ensure that a drill for the operation of watertight doors is held at the same time as each fire drill and each survival craft drill.

Inspections

33. The master of a vessel shall ensure that the following, if fitted, are inspected at least once a week:

(a) the watertight doors and all of the mechanisms and indicators of those doors; and

(b) all of the valves

(i) the closing of which is necessary to make a compartment watertight, and

(ii) the operation of which is necessary for damage control cross-connections.

Voyage that exceeds one week

34. The master of a vessel referred to in item 1, 2 or 3 of the schedule that is to embark on a voyage of more than one week in duration shall ensure that a drill referred to in section 32 is also held before the vessel embarks on the voyage.

Daily operation

35. The master of a vessel referred to in item 1, 2 or 3 of the schedule shall ensure that all of the watertight doors, whether hinged or power-operated, in the main transverse bulkheads, in use at sea, are operated daily.

Other requirements

36. Nothing in sections 32 to 35 authorizes the opening of a watertight door or any other appliance that is required by any regulation to be kept closed.

RECORDS

Required information

37. (1) The master of a vessel shall record and keep the following information:

(a) the date of each muster of passengers and crew;

(b) a detailed report of each fire drill, including the inspection and testing of any fire-fighting equipment;

(c) a detailed report of each survival craft drill, including the inspection and testing of any life saving appliances;

(d) a detailed report of each rescue boat drill;

(e) the time of the opening or closing of any watertight door that may be required to be opened at sea for the working of the vessel;

(f) a detailed report of each drill for the operation of watertight doors, of each inspection of watertight doors or any other appliances referred to in section 33, and of any defects discovered;

(g) if a muster or drill required by these Regulations is not held, or is held only in part, a report of the circumstances and the extent of the muster or drill, and the reason why the muster or drill was not held or was held only in part; and

(h) an evaluation of the competency and operational readiness of the entire crew of the vessel in responding to the emergency addressed by each drill.

Entering records

(2) The information referred to in subsection (1) shall be entered in writing

(a) in the official log book, if an official log book is required by Division 7 of Part 3 of the Marine Personnel Regulations; or

(b) in a deck log book or another document, in any other case.

Other documents

(3) If the information referred to in subsection (1) is entered in a document referred to in paragraph (2)(b), the master of the vessel shall ensure that the document

(a) is kept on board the vessel for a period of five years after the day on which the last entry was made; and

(b) is made available to the Minister for inspection during that period at the request of the Minister.

REPEAL AND COMING INTO FORCE

Repeal

38. The Boat and Fire Drill and Means of Exit Regulations (see footnote 1) are repealed.

Registration

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

SCHEDULE
(Subsection 20(1) and sections 34 and 35)

FREQUENCY OF FIRE DRILLS AND SURVIVAL CRAFT DRILLS

Item	Column 1 Vessel	Column 2 Voyages	Column 3 Period
1.	Safety Convention vessel that is carrying passengers	All	One week
2.	Vessel — other than a vessel referred to in item 1 — that is certified to carry 50 passengers or more and is carrying passengers	All, except sheltered waters voyages	One week
3.	Vessel — other than a vessel referred to in item 1 — that is certified to carry fewer than 50 passengers and is carrying passengers	All, except sheltered waters voyages	Two weeks
4.	Vessel — other than a vessel referred to in item 1 — that is carrying passengers	Sheltered waters voyages	Two weeks
5.	Cargo vessel	All	One month
6.	Fishing vessel over 150 gross tonnage	All	One month

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

Passenger information and preparedness

The Regulations detail procedures to be followed in order for the crew and passengers of vessels to be prepared to handle on-board emergencies in a safe and efficient manner. Based on an examination of TSB reports over a 10-year period, a total of 8 lives have been lost and 136 injuries have resulted from incidents where the lack of information available on the number of passengers or the lack of preparedness was an issue. If the Regulations had been in place, the losses could have been less or perhaps in some cases prevented. The TSB has made recommendations to improve passenger accounting and operational preparedness. Transport Canada had announced that passenger accounting and recording of special needs of passengers was an upcoming requirement prior to the TSB recommendations being released and had recommended early voluntary implementation of these provisions through Ship Safety Bulletin No. 06/2007, dated August 2, 2007.

Joint ship and shore fire drills

The previous Boat and Fire Drill and Means of Exit Regulations had required that a joint ship and shore fire drill take place, at least once every six months, with each port where fire-fighting assistance from a fire department on shore was available. Stakeholders have made many complaints about the impracticality or impossibility of meeting this requirement. In the previous Boat and Fire Drill and Means of Exit Regulations, the onus was placed on the master of the vessel to ensure that these drills took place; doing so had proven to be impossible in some cases and impracticable in most cases. Transport Canada does not have any authority over fire departments in order to ensure that these drills take place. Some fire department personnel have refused to board a vessel to fight a fire due to their lack of training and knowledge to be able to fight a fire on board a vessel which places their lives at a higher level of risk. Also, some areas of the country are only serviced by volunteer fire departments. The repeal of this provision is not expected to adversely affect safety on board vessels as TC has many regulations and standards in place to address fire safety. For example, vessels are self-contained units and, as such, they are designed, constructed and equipped in such a way that on-board fires are quickly detected and suppressed (requirements of the Hull Construction Regulations and Fire Detection and Extinguishing Equipment Regulations) and all seafarers receive advanced training in firefighting prior to being certified (requirements of the Marine Personnel Regulations). Should a fire occur while the vessel is made fast to a dock, the Regulations require more than one means of exit in order that passengers be able to reach a place of safety.

Concordance with the new CSA 2001

The new CSA 2001 came into effect on July 1, 2007. Many regulations have been updated as a result of the implementation of the new Act. The previous Boat and Fire Drill and Means of Exit Regulations made reference to terms and provisions that were in the previous Canada Shipping Act and other regulations that have been repealed or replaced and are therefore no longer valid.

Clarification of provisions

Some provisions that have raised concern about proper interpretation have been revised and definitions have been added to ensure clarity.

Objectives

The purpose of the regulatory intervention is to enhance safety in commercial navigation. The new provisions will increase the likelihood of rescuing all persons in an emergency situation, as an accurate count of persons on board the vessel will be available to search and rescue services. The modifications will also relieve industry stakeholders from requirements that cannot be realistically fulfilled.

Description

Amendments to improve passenger accounting and operational preparedness

A number of modifications have been incorporated in response to TSB recommendations. One of the recommendations being addressed is the requirement to develop effective passenger accounting. A section has been added to the Regulations for all voyages that will require the master of a vessel that carries passengers to ensure that the number of persons on board and the details of any persons who have declared a need for special care or assistance in an emergency is recorded and communicated to him or her. With respect to the following voyages, the master must ensure that the names and genders of all persons on board are recorded in a way that distinguishes between adults, children, and infants: unlimited voyages and near coastal voyages, Class 1, as those terms are defined in the Vessel Certificates Regulations; voyages that last longer than 12 hours; and voyages on which there is at least one assigned passenger berth. This information must be kept on shore in a place where it is readily available to search and rescue services.

Provisions have also been added to the Regulations to ensure that locating and rescuing passengers who are trapped in their staterooms or are otherwise unaccounted for is part of the muster list duties and is also included as part of the duties for practice musters and drills.

The TSB also recommended that TC establish criteria, including the requirement for realistic exercises, against which operators of passenger vessels can evaluate the preparedness of their crews to effectively manage passengers during an emergency. A new provision has been added to the Regulations to require the master of a vessel to evaluate the entire crew during each drill to ensure they are competent and operationally ready to perform the required emergency procedures and to record the evaluation for each drill. This information must be made available to the Minister upon request.

A provision has also been added with respect to the posting of illustrations and instructions for passengers to ensure that passengers are aware of the alarm signals that are used to indicate emergencies. The previous Boat and Fire Drill and Means of Exit Regulations only required the details of the different signal types to be recorded on the muster list.

Amendments to respond to requests from industry

Industry stakeholders had expressed concerns regarding the requirement in the previous Boat and Fire Drill and Means of Exit Regulations to perform joint ship and shore fire drills. This requirement placed the onus on the master of the vessel to ensure that this is accomplished. This had proven to be impracticable and sometimes impossible due to the fact that neither TC nor the master of the vessel have jurisdiction over the fire departments. As well, some areas are only serviced by fire departments who have refused to board vessels due to a lack of training in fire-fighting techniques on board a vessel, which places the shore-based fire fighters at a much higher risk of injury. Other areas of the country are only serviced by volunteer fire services that will not leave their regular job voluntarily to participate in these drills. Concerns have also been raised as to who pays for the time of these services.

Also at the request of stakeholders, the requirement to post a muster list has been relaxed on vessels where there is a crew of less than three members. It is felt that two crew members can work effectively together without any risk of confusion as to duties and that having a written muster list for these situations does not add any benefit in terms of safety.

Concordance with the CSA 2001

Several modifications have been made and new definitions added to the Regulations in order to comply with the new CSA 2001 and its associated regulations and conventions. The Regulations will allow the use of simulated launching of free-fall lifeboats during a survival craft drill to address the changes to the International Convention for the Safety of Life At Sea of 1974 (SOLAS). This revision will prevent injuries to crew that have previously occurred with this type of drill.

New voyage classifications have been defined in order to ensure consistency with the Vessel Certificates Regulations.

The definition of a “rescue boat” has been updated to allow an emergency boat that performs the same functions as a rescue boat to be included. This brings the definition of a rescue boat in line with the Life Saving Equipment Regulations.

The references to regulations that have been repealed or replaced have been updated to reflect the current regime. For example, references to the repealed Crewing Regulations have been modified to reflect the requirements of the new Marine Personnel Regulations.

Clarification of provisions

Some provisions have been put into a more logical order so that they align better with what actually happens in the execution of the drills that take place on board the vessel.

A provision has been added to include the crew member designated as the principal communicator on the muster list.

The requirement to record each time a watertight door or appliance is opened or closed has been eliminated. These doors may be opened or closed 100 times a day and the intent of this provision, that being to record the time a watertight door or appliance is opened or closed when it remains open for a period of time, is covered by other provisions in the Regulations.

The means of exit provisions have been reworded in order to clarify the intent. As well, the words “and Means of Exit Regulations” have been removed from the title of the Regulations. Although the Regulations cover these provisions, it is intended that these provisions will be moved to the proposed Occupational Health and Safety and Crew Accommodation Regulations in the future.

There has been a clarification of the wording regarding the inspection and operation of the emergency fire pump so that the fire pump is operated if the vessel is not equipped with an emergency fire pump.

The previous Boat and Fire Drill and Means of Exit Regulations required the master to ensure that, before the vessel embarked on a voyage, a crew member to whom specific duties to be carried out during an emergency are assigned had been informed of the assignment of those duties and was capable of performing them. This requirement has been removed from the Regulations as it is now contained in the Marine Personnel Regulations made under the CSA 2001.

Regulatory and non-regulatory options considered

Continuation with the previous Boat and Fire Drill and Means of Exit Regulations was not a viable option due to the lack of concordance with the new CSA 2001 and given the complaints received by stakeholders and the recommendations made by the TSB.

Commercial transportation, fishing and tourism are by nature competitive industries. When no regulatory provisions are in place, some commercial enterprises try to improve their economic viability and competitiveness through a reduction in measures that affect safety.

Given the direct impact these provisions have on the probability of saving lives during an emergency, it has been determined that regulating is appropriate. Regulation provides the authority to ensure that the provisions are followed or, if the provisions are not followed, allows penalties to be applied in order to increase the likelihood of future compliance.

Benefits and costs

The new requirements for passenger accounting will require new administrative procedures for some vessels that did not previously require maintenance of counts, particularly for passenger ferry operations. The requirement to keep this information available on shore also presents some issues for ferry operators in remote locations where search and rescue services may be several hours away. Transport Canada has been informed that the Government of the Northwest Territories has decided to voluntarily resolve this problem by implementing an electronic solution that will cost approximately $270,000. However, implementation using this method is not required by the Regulations but is a pro-active measure on the part of the Government of the Northwest Territories. This shows a high degree of acceptance and willingness to implement the Regulations despite the costs. Most stakeholders have indicated that they will not incur any extra costs because they already record this information or that the new costs will be minimal.

The Shipping in Canada — 2006 report published by Statistics Canada in April 2009 reported the international trade in goods with the United States at $625.9 billion and trade with the rest of the world at $234.2 billion. The Surface and Marine Transport Service Bulletin published by Statistics Canada in February 2004 reported the 2001 revenues for the transport of passengers by for-hire carriers as $52.56 million and the revenues for transport of passengers by government carriers at $194.15 million.

Stakeholder Types (> 15 gross tonnage)	Stakeholder Numbers
Fishing vessels > 150 gross tonnage	177
Government vessels	118
Off-shore vessels	40
Crew-boat	1
Self-propelled barges	51
Special-purpose	278
Passenger	614
Passenger/Cargo	9
Ferry — Passenger	122
Ferry — Passenger/Train/Vehicle	78
Tankers	42
Cargo vessels	220
Tugs	611
Total Number of Stakeholders	2 361
Cost-Benefit Statement
A. Quantified Impacts $ (Expressed as a % of income)	Stakeholders	Base Year	Average Annual
Benefits:
Elimination of joint ship & shore drills	All	< 1%	< 1%
(Expressed as a % of costs)	Stakeholders	Base Year	Average Annual
Costs:
Recording of passenger information	Passenger Vessels	0 – 1% in most cases	< 1%
	Non-passenger Vessels	< 1%	< 1%
B. Qualitative Impacts
Benefits: Increased survivability of accidents and incidents. Improved enforceability. More efficient use of search and rescue resources. Greater harmonization of requirements with International Maritime Organization. Costs: Increased expenditure required by owners/operators on start-up of passenger accounting.

Any increase in departmental workload resulting from training marine safety inspectors on the new requirements will be offset by the reduced workload resulting from fewer accidents and a safer marine environment.

There will be some cost savings to the Government as a whole by the anticipated reduction in search and rescue services.

Benefits will be accrued by society in general and operators in particular by reducing the number of lives lost and injuries sustained.

Strategic environmental analysis

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of TC’s Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Consultation

Consultations have been conducted with industry stakeholders at the national and regional levels. The proposed changes were presented at the national Canadian Marine Advisory Council (CMAC) meetings in the fall of 2007, the spring and fall of 2008, and the spring of 2009. The proposed changes were also presented at the regional CMAC meetings in Vancouver, St. John’s, Charlottetown, Hamilton, Québec and Whitehorse during the fall of 2008. Stakeholders at these meetings had few comments and were supportive of the changes being proposed. Most modifications suggested during these meetings have been incorporated into the Regulations with the exceptions outlined below.

The Canadian Ferry Operators Association (CFOA) was also consulted on the expected costs arising from the proposed changes. Feedback from the CFOA indicated that most operators had already implemented mechanisms for capturing passenger information, and that costs would therefore be nil or negligible.

The issues raised by stakeholders were as follows:

• The extreme difficulty experienced in performing the required joint ship and shore fire drills. A policy was issued by TC Marine Safety regarding this matter on May 25, 2007, that helped to alleviate some of the stakeholders concerns, and it was decided to remove these provisions from the Regulations based on the impracticality or impossibility of implementing these drills.
• A question was raised as to whether a vessel that is at dock, such as for repairs, and is manned by less than a full crew, is considered to be on a voyage for the purpose of the Regulations, and whether the master is required to have a muster list in this case. It was decided to amend the wording of the Regulations to read that the master must have a muster list at all times so that there is no chance of misunderstanding this requirement when a vessel is, for example, at anchor or in refit and operating with a reduced crew.
• There was a proposal received to amend the requirements for passenger-carrying vessels with three crew members or less to be exempted from the requirement to produce a muster list or a rescue boat muster list. This proposal was reviewed and it was decided not to implement it at this time. An exemption has been added to the Regulations for passenger-carrying vessels with a crew of fewer than three. Two crew members are able to safely arrange emergency procedures between themselves with very little risk of confusion; however, when a third person enters the equation the risk of misunderstandings rises and the risk to passengers increases.
• There was a request to add a definition of “key persons” to the Regulations; however, it was decided that naming a particular individual would be too prescriptive. Common sense would dictate to the mariner who the key people are.
• An explanation of the new requirements for the recording of passenger information and a clear definition of infant, child and adult was requested. An explanation of these requirements was provided at the regional and national CMAC meetings and definitions of the terms infant, child and adult have been included in the Regulations based on feedback from stakeholders as to what is commonly used for these terms in the industry.
• Requests were received to accept simulations of survival craft launchings in place of an actual launch. These requests from the stakeholders were reviewed and the Regulations include provisions to allow the use of simulation for survival craft drills in place of actual drills in accordance with changes to Chapter III, Regulation 19 of the SOLAS Convention.
• A clarification of the wording of the new provisions relating to passenger information gathering on overnight voyages was requested during the Quebec regional CMAC meeting. These provisions have been re-worded in the Regulations in order to clarify the intent. The risk is not with the fact that the voyage is overnight but rather whether a passenger has a berth and is not visible to crew members in the common areas during an emergency.

Pre-publication

A proposed version of the Regulations was pre-published in the Canada Gazette, Part I, on October 10, 2009, followed by a 30-day public comment period.

One comment was received regarding the proposed requirements for free-fall lifeboat and rescue boat drills. As a result, the regulatory provisions that apply to these drills — sections 27 to 29 — were amended to take into account the latest recommendations of the International Maritime Organization’s Maritime Safety Committee. These provisions now permit free-fall lifeboats to be lowered into the water by a method other than free-fall, with or without the operating crew on board. Furthermore, section 31 was also amended not to require the assigned crew to be on-board during rescue boat drills.

In addition to changes made to address the comment received, some minor editorial revisions were made to address redundancies in the regulatory provisions.

The requirement for every member of a rescue boat crew to wear a marine exposure suit during a rescue boat drill was lessened and reworded in section 26 to demonstrate a capability of donning the marine anti-exposure suits as well as immersion suits.

Furthermore, provisions in section 24 requiring the testing during drills of certain types of fire-fighting equipment, such as fire hoses, were removed, as they were either unnecessary or not practicable. The inspection of this equipment was more in line with the tasks assigned on the ship as well as the guidelines for the maintenance and inspection of fire-protection systems and appliances (MSC-850).

Implementation, enforcement and service standards

The new requirements will be monitored and enforced by TC marine safety inspectors. Marine safety inspectors will be trained to assess the new criteria.

The CSA 2001 provides for maximum fines upon summary conviction of $1,000,000 or 18 months in prison, or both for violations of regulations made under Part 4 of the Act, which includes these Regulations. Transport Canada officials are currently reviewing the Regulations in order to develop schedules of violations so that enforcement may be applied under the Administrative Monetary Penalties Regulations made under the CSA 2001.

Performance measurement and evaluation

All incidents on non-pleasure vessels are required by law to be reported to the TSB. Consequently, the TSB database has become one of the primary sources of information. By following trends in fatality and injury rates, the information allows for a reasonably accurate trend analysis.

Contact

Lynn Denis
Project Manager
Regulatory Services and Quality Assurance (AMSX)
Marine Safety, Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-3873
Fax: 613-991-5670
Email: lynn.denis@tc.gc.ca

Footnote a
S.C. 2005, c. 29, ss. 16(1)

Footnote b
S.C. 2001, c. 26

Footnote 1
SOR/2005-280

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