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A.D. 1886.

NAVIGATION OF CANADIAN WATERS.

Revised Statutes of Canada, Chapter 79.

An Act respecting the Navigation of Canadian Waters.

HER at Commons of Canada, enacts as

ER Majesty, by and with the advice and consent of the

follows:

Interpreta-
tion.
"Vessel."

"Ship."

"Steamboat" or "steamship."

"Practice of

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INTERPRETATION.

1. In this Act, unless the context otherwise requires,(a.) The expression "vessel" includes every description of vessel used in navigation;

(b.) The expression "ship" includes every description of vessel not propelled by oars;

(c.) The expression "steamship" or "steamboat" includes every vessel propelled wholly or in part by steam or by any machinery or power other than sails or oars;

(d.) The expression "ordinary practice of seamen," as applied to any case, means and includes the ordinary practice of skilful and careful persons engaged in navigating the waters of Canada in like cases;

(e.) The expression "owner" includes the lessee or charterer of any vessel having the control of the navigation thereof. 43 V., c. 29, s. 3.

Extent of

REGULATIONS FOR PREVENTING COLLISIONS.

2. The following rules with respect to lights, fog signals, application of steering and sailing and rafts, shall apply to all the rivers, lakes and other navigable waters within Canada, or within the jurisdiction of the Parliament thereof; that is to say:-.

the following rules.

Steam-ships

Preliminary.

Art. 1. In the following rules every steamship which is under under sail or sail, and not under steam, is to be considered a sailing ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam.

under steam.

What lights

shall be carried.

By steamships under way.

Rules concerning Lights.

Art. 2. The lights mentioned in the following Articles, numbered 3, 4, 5, 6, 7, 8, 9, 10 and 11, and no others, shall be carried in all weathers, from sunset to sunrise.

Art. 3. A steamship when under way shall carry

(a.) On or in front of the foremast, at a height above the hull of not less than twenty feet, and if the breadth of the ship

exceeds twenty feet, then at a height above the hull not less than At foremast head. such breadth, a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz., from right ahead to two points abaft the beam on either side,- and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles;

(b.) On the starboard side, a green light so constructed as to On starboard show an uniform and unbroken light over an arc of the horizon side. of ten points of the compass,—so fixed as to throw the light from right ahead to two points ahaft the beam on the starboard side,and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles;

(c.) On the port side, a red light, so constructed as to show an On port side. uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side,-and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles;

(d.) The said green and red side lights shall be fitted with in- How to be board screens projecting at least three feet forward from the fitted. light, so as to prevent these lights from being seen across the

bow.

Art. 4. A steamship, when towing another ship, a raft or rafts, By steamshall, in addition to her side lights, carry two bright white lights ships towing. in a vertical line, one over the other, not less than three feet apart, so as to distinguish her from other steamships: each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light which other steamships are required to carry.

steam or sail

mand.

Art. 5. A ship, whether a steamship or a sailing ship, when Lights and employed either in laying or in picking up a telegraph cable, or shapes, by which from any accident is not under command, shall at night in ships carry, in the same position as the white light which steamships when not are required to carry, and, if a steamship, in place of that light, under comthree red lights in globular lanterns, each not less than ten inches in diameter, in a vertical line one over the other, not less than three feet apart: and shall by day carry in a vertical line one over the other, not less than three feet apart, in front of but not lower than her foremost head, three black balls or shapes, each two feet in diameter;

(a.) These shapes and lights are to be taken by approaching What to ships as signals that the ship using them is not under command, denote. and cannot therefore get out of the way;

(b.) The above ships, when not making any way through the When to water, shall not carry the side lights, but when making way shall carry side lights. carry them.

Art. 6. A sailing ship under way, or being towed, shall carry By sailing the same lights as are provided by Article 3 for a steamship under ships in way, with the exception of the white light,-which she shall motion.

never carry.

Art. 7. Whenever, as in the case of small vessels during bad By small vessels in bad weather, the green and red side lights cannot be fixed, these lights weather. shall be kept on deck, on their respective sides of the vessel, ready

Lanterns to be painted outside.

By ships at anchor.

By pilot vessels on duty.

When not on duty.

Open fishing and other boats.

When at anchor.

Fishing vessels when drift net fishing.

Trawlers at work.

Flare-up lights.

The said

for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner. as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side:

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with proper screens.

Art. 8. A ship, whether a steamship or a sailing ship, when at anchor, shall carry, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of not less than eight inches in diameter, and so constructed as to show a clear, uniform and unbroken light visible all around the horizon, and at a distance of at least one mile.

Art. 9. A pilot vessel, when engaged on her station on pilotage duty, shall not carry the lights required for other vessels, but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes:

(a.) A pilot vessel, when not engaged on her station on pilotage duty, shall carry lights similar to those of other ships.

Art. 10. (a.) Open fishing boats and other open boats when under way shall not be obliged to carry the side lights required for other vessels; but every such boat shall, in lieu thereof, have ready at hand a lantern with a green glass on the one side and a red glass on the other side; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side;

(b.) A fishing vessel, and an open boat, when at the anchor, shall exhibit a bright white light;

(c.) A fishing vessel, when employed in drift net fishing, shall carry on one of her masts two red lights in a vertical line one over the other, not less than three feet apart;

(d.) A trawler at work shall carry on one of her masts two lights in a vertical line one over the other, not less than three feet apart, the upper light red, and the lower green, and shall also either carry the side lights required for other vessels, or, if the side lights cannot be carried, have ready at hand the colored lights as provided in Article 7, or a lantern with a red and a green glass as described in paragraph (a) of this Article;

(e.) Fishing vessels and open boats shall not be prevented from using a flare-up light in addition, if they desire so to do;

(f) The lights mentioned in this article are substituted for lights substi those mentioned in the 12th, 13th and 14th Articles of the Conventuted for tion between France and England scheduled to the "British Sea Fisheries Act, 1868;"

those under convention

with France.

(g.) All lights required by this Article, except side lights, shall Lanterns for be in globular lanterns, so constructed as to show all round the lights.

Ship over

taken by another.

horizon.

Art. 11. A ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or a flareup light.

Sound Signals for Fog, &c.

to have cer

Art. 12. A steam-ship shall be provided with a steam whistle Steam-ships or other efficient steam sound signal, so placed that the sound may tain sound not be intercepted by any obstruction, and also with an efficient signals. bell. A sailing-ship shall be provided with an efficient fog horn,

to be sounded by a bellows or other mechanical means, and also with an efficient bell:

In fog, mist, or falling snow, whether by day or night, the sig- In fogs, &c. nals described in this Article shall be used as follows; that is to say:

intervals by steam-ships.

(a.) A steam-ship under way shall make with her steam whistle Blasts at or other steam sound signal, at intervals of not more than two minutes, a prolonged blast; (b.) A sailing-ship under way shall make with her fog horn, at Signals by intervals of not more than two minutes, when on the starboard fog horn by sailing-ships. tack one blast, when on the port tack two blasts in succession, and when with the wind abaft the beam, three blasts in succession;

(c.) A steam-ship and a sailing-ship, when not under way shall, By ringing at intervals of not more than two minutes, ring the bell.

bell.

Speed of Ships to be moderate in Fog, &c.

Art. 13. Every ship, whether a sailing-ship or steam-ship shall, Speed rein a fog, mist, or falling snow, go at a moderate speed.

Steering and Sailing Rules.

stricted in fog, &c.

meeting.

Art. 14. When two sailing-ships are approaching one another, Sailing-ships so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, that is to say:—

(a.) A ship which is running free shall keep out of the way of a ship which is close-hauled;

(b.) A ship which is close-hauled on the port tack shall keep out of the way of a ship which is close-hauled on the star-board tack;

(c.) When both are running free with the wind on different sides, the ship which has the wind on the port side shall keep out of the way of the other;

(d.) When both are running free with the wind on the same side, the ship which is to windward shall keep out of the way of the ship which is to leeward;

(e.) A ship which has the wind aft shall keep out of the way of the other ship.

Art. 15. If two ships under steam are meeting end on, or nearly Steam-ships end on, so as to involve risk of collision, each shall alter her meeting. course to starboard, so that each may pass on the port side of the

other:

(a) This Article only applies to cases where ships are meeting Limitation of end on, or nearly end on, in such a manner as to involve risk of this article. collision, and does not apply to two ships which must, if both keep on their respective courses, pass clear of each other;

which it ap

(b.) The only cases to which it does apply are, when each of the Cases to two ships is end on, or nearly end on, to the other; in other words, plies. to cases in which, by day, each ship sees the masts of the other in

Cases to

a line, or nearly in a line with her own; and by night, to cases in which each ship is in such a position as to see both the side lights of the other;

(c.) It does not apply by day, to cases in which a ship sees which it does another ahead crossing her own course, or by night, to cases where not apply. the red light of one ship is opposed to the red light of the other, or where the green light of one ship is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead.

Steam-ships crossing.

Steam-ships and sailing

ships.

Steam-ships nearing a vessel.

How steamships may signal by steam.

Signalling to be optional. Ship overtaking another.

Steam-ships

in narrow channels.

Art. 16. If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.

Art. 17. If two ships, one of which is a sailing-ship and the other a steam-ship, are proceeding in such directions as to involve risk of collision, the steam-ship shall keep out of the way of the sailing ship.

Art. 18. Every steam-ship when approaching another ship, so as to involve risk of collision, shall slacken her speed or stop and reverse, if necessary.

Art. 19. In taking any course authorized or required by these regulations, a steam-ship under way may indicate that course to any other ship which she has in sight by the following signals on her steam whistle, that is to say :

One short blast to mean "I am directing my course to starboard";

Two short blasts to mean "I am directing my course to port"; Three short blasts to mean "I am going full speed astern:" The use of these signals is optional; but if they are used, the course of the ship must be in accordance with the signal made. Art. 20. Notwithstanding anything contained in any preceeding Article, every ship, whether a sailing-ship or a steam-ship, overtaking any other, shall keep out of the way of the overtaken ship.

Art. 21. In narrow channels every steam-ship shall, when it is safe and practicable, keep to that side of the fairway or midchannel which lies on the starboard side of such ship.

Ship keeping Art. 22. When by the above rules one of two ships is to keep out of the way out of the way, the other shall keep her course.

Regard to be. had to dangers of navigation.

Rules not to

excuse.

Rules by local authorities.

Art. 23. In obeying and construing these rules, due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

No ship, under any circumstances, to neglect proper precautions.

Art. 24. Nothing in these rules shall exonerate any ship, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution required by the ordinary practice of seamen, or by the special circumstances of the case.

Reservation of Rules for Harbors and Island Navigation.

Art. 25. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river or inland navigation.

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