Small Vessel Regulations — 708
708 (1) A vessel, other than a pleasure craft, whose date of construction, manufacture, rebuilding, importation or change of use, whichever occurs later, is before April 1, 2005 shall conform to the 2004 edition of the construction standards, or to the recommended practices and standards that provide a level of safety at least equivalent to that provided by the 2004 edition of the construction standards. (2) A critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards. (3) A non-critical safety element of a vessel is not required to conform to the 2004 edition of the construction standards or to the recommended practices and standards if (a) the owner of the vessel demonstrates to the satisfaction of the Minister that the element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards; or (b) the owner of the vessel demonstrates to the satisfaction of the Minister that the modifications required to bring the element into conformity with the 2004 edition of the construction standards are so extensive that they would render it unreasonable or impractical to modify the element and would not significantly improve the safety of the vessel. (4) Subject to subsection (5), if the Minister is satisfied by the demonstration referred to in paragraph (3)(b), the Minister shall take one or more of the following measures: (a) allow the owner of the vessel three years to bring the element into conformity with the 2004 edition of the construction standards or the recommended practices and standards; (b) restrict the operation of the vessel to match the limitations resulting from the non-conformity; or (c) require the vessel to carry on board additional safety equipment. (5) The Minister is not required to take any measures if the modifications required to bring a non-critical safety element into conformity would result in a negligible increase in the level of safety of the vessel. (6) If the Minister takes any measures, the owner of a vessel shall not operate or permit another person to operate the vessel unless it is in compliance with the measures. (7) An element provides a level of safety at least equivalent to that provided by the 2004 edition of the construction standards if (a) it has been used on a vessel of a similar type operated for a similar purpose in the past five years without a marine occurrence or other event related to a deficiency in its construction or maintenance in an area where the wind and wave conditions are no less severe than those likely to be encountered in the vessel’s intended area of operation; (b) it conforms to the recommended practices and standards that are appropriate for the vessel and its operation; or (c) it meets the safety objectives of the 2004 edition of the construction standards. (8) The critical safety elements of the 2004 edition of the construction standards are those in respect of (a) watertight and weathertight integrity of the hull, decks and superstructure; (b) structural strength; (c) underwater penetration of the hull; (d) buoyancy and stability; (e) water-freeing arrangements; (f) means of protecting persons from falls; (g) installation and maintenance of fuel systems; (h) ventilation of combustible vapours; (i) fuel-burning, cooking and heating installations; (j) ignition-protected electrical components; (k) bilge-pumping arrangements; and (l) fire safety.