- (i) VHF channel 70, or
- (iii) MF/HF on the frequencies 2 187.5 kHz, 8 414.5 kHz, 4 207.5 kHz, 6 312 kHz, 12 577 kHz or 16 804.5 kHz;
2. The use or exhibition of any of the foregoing signals, except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals, is prohibited.
3. Attention is drawn to the relevant sections of the International Code of Signals, the International Aeronautical and Maritime Search and Rescue Manual, Volume III, and the following signals:
- (a) a piece of orange-coloured canvas with either a black square and circle or other appropriate symbol (for identification from the air); and
- (b) a dye marker.
5. The portion of section 4 of Annex IV to Schedule 1 to the French version of the Regulations before paragraph (a) is replaced by the following:
4. Dans les eaux canadiennes ou les zones de pêche, en plus des signaux visés à la section 1 du présent appendice, les signaux ci-après peuvent être utilisés ou montrés ensemble ou séparément dans le but d’indiquer un cas de détresse ou un besoin d’assistance :
6. Section 6 of Annex IV to Schedule 1 to the Regulations is replaced by the following:
6. Section 3 of this Annex shall be read as follows:
“The signals in the International Code of Signals and the International Aeronautical and Maritime Search and Rescue Manual, Volume III, shall be used as the circumstances require to supplement the signals described in section 1 of this Annex. The following signals are in addition to the signals described in section 1:
- (a) a piece of orange-coloured canvas with either a black square and circle or other appropriate symbol (for identification from the air); and
- (b) a dye marker.”
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Background
Schedule 1 to the Collision Regulations (the Regulations), made under the Canada Shipping Act, 2001, contains international rules that are incorporated in the Regulations with Canadian modifications. The application provisions of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (the Convention) provide for member states to make modifications to these international rules in their domestic regulations, including special or alternative rules, as required. Canadian modifications are clearly identified.
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) reviews matters of legality and the procedural aspects of federal regulations.
Issues
The SJCSR reviewed the Regulations and provided comments in a letter dated October 27, 2009. As a result, amendments to the following provisions, which are editorial in nature, are included in this regulatory initiative:
- title of section 13 of Annex I to Schedule 1;
- section 13 of Annex I to Schedule 1;
- section 1 of Annex III to Schedule 1; and
- sections 3 and 6 of Annex IV to Schedule 1.
Specifically, the SJCSR identified issues with section 13 of Annex I to Schedule 1 and section 3 of Annex IV to Schedule 1 to the Regulations. In both instances, Transport Canada was requested to confirm whether certain references or information provided in the referenced provisions were intended to be binding upon persons governed by the Regulations or were provided merely for their further information. In support of this, the SJCSR commented that the purpose of law is to clearly set out rules and obligations governing conduct, not to provide information merely for the reader’s benefit.
In addition, minor amendments to sections 1 and 2 of Annex IV to Schedule 1 to reflect minor wording changes to the Convention are included.
As well, a minor change to the French version of section 4 of Annex IV to Schedule 1 is being included at this time.
Objectives
The objectives of the Regulations Amending the Collision Regulations are to ensure that all language in the Regulations is consistent in both official languages, to clearly set out rules and obligations for stakeholders, to follow up on comments, concerns and recommendations made by the SJCSR concerning the Regulations, and to make other minor amendments.
Description
In response to SJCSR concerns, the footnote to section 13 of Annex I to Schedule 1 concerning high-speed craft is removed and section 13 is amended by way of a Canadian modification to explicitly provide the definition of “high-speed craft.” In addition, the footnote annotation in the title of section 13 of Annex I to Schedule 1 is removed.
A new paragraph (m) is added to section 1 of Annex III to Schedule 1 to explicitly state that the heading “Audibility range in nautical miles” in the table to paragraph 1(c) of Annex III to Schedule 1 and the notes after that table regarding range of audibility are not part of the Regulations.
Minor amendments to section 1 of Annex IV to Schedule 1 reflect minor wording changes made in recent updates to the relevant sections of the Convention.
With respect to sections 3 and 6 of Annex IV to Schedule 1, the provisions are amended by way of a Canadian modification to clearly identify the distress signals that may be used or exhibited in Canadian waters or fishing zones in addition to the signals described in section 1 of Annex IV to Schedule 1 of the Regulations.
As well, a minor change to the French version of section 4 of Annex IV to Schedule 1 removed the word “dans.”
All amendments are minor and do not make any substantive changes to any of the provisions identified, nor do they reflect any changes in policy.
Consultation
As the amendments to the Regulation are considered to be minor and administrative in nature, it was determined that formal consultations were not necessary.
“One-for-One” Rule
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs for small business.
Rationale
As noted by the SJCSR, the purpose of law is to clearly set out rules and obligations governing conduct, not to provide additional supporting information. The SJCSR recommended that two provisions be amended to follow good drafting practice and clearly indicate the requirements being imposed. In collaboration with the Department of Justice, amendments to both section 13 of Annex I to Schedule 1 and section 3 of Annex IV to Schedule 1 to the Regulations are included in this initiative. Other minor amendments are also included.
As the amendments to the Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, a joint recommendation by both the Minister of Transport and the Minister of Natural Resources is required in this instance.
Implementation, enforcement and service standards
The amendments are minor and do not make any substantive changes to any of the provisions identified. As these amendments are administrative in nature, there is no enforcement plan required and, therefore, the amendments will not affect Transport Canada’s current enforcement activities.
Contact
Tia M. McEwan
Manager
Regulatory Affairs (AMSXR)
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-5352
Fax: 613-991-5670
Email: tia.mcewan@tc.gc.ca
- Footnote a
C.R.C., c. 1416; SOR/2008-272 - Footnote b
S.C. 2001, c. 26 - Footnote c
R.S., c. A-12 - Footnote 1
C.R.C., c. 1416; SOR/2008-272
