The Canadian Hydrographic Service and the Law

The federal government has exclusive legislative authority over navigation and shipping in Canadian waters, as set out in the Constitution Act, 1867.

flags_ Arctic Ward Hunt ice camp.jpg

Flags of Canada, Nunavut, Greenland, Denmark, and the Canadian Hydrographic Service (DFO) at the Ward Hunt ice camp, Ellesmere Island, Nunavut, Canada. (Photos by Janice Lang, NRCan, CHS/DFO)

The powers of the Department of Fisheries and Oceans and the Canadian Hydrographic Service (CHS) in relation to hydrography and oceans science are set out in several federal statutes. Other statutes require owners and operators of vessels to carry and use up-to-date nautical charts and publications that have been issued or approved by the CHS.

Legislation

The Department of Fisheries and Oceans Act stipulates the Department’s powers with regard to hydrography and marine sciences, and coordination of the policies and programs of the Government of Canada respecting oceans.

The Oceans Act gives the Minister of Fisheries and Oceans the power to:

  • collect data for the purpose of understanding oceans
  • conduct hydrographic and oceanographic surveys
  • prepare and publish data, reports, statistics, charts, maps, plans, sections and other documents
  • authorize the distribution of such data, charts and documents
  • coordinate national policies and programs with respect to hydrography, oceanography and other marine science
  • set standards and establish guidelines for use by hydrographers and others in collecting data and preparing charts on behalf of the Minister
  • charge fees for services, facilities, products, rights and privileges

Within the Department of Fisheries and Oceans, these powers are exercised by the Canadian Hydrographic Service.

Regulations

The Charts and Nautical Publications Regulations, 1995, (CNPRs) are regulations made pursuant to the Canada Shipping Act, 2001, and the Arctic Waters Pollution Prevention Act, which provide that:

  • the master and owner of a “ship” is required to carry the most recent edition of the charts, documents and publications required under the regulations. (A “ship” for these purposes includes all sizes and types of vessels)
  • a person planning a voyage is required to use the most recent edition of a chart that is issued officially by or on the authority of the CHS, which applies to the immediate area in which the ship is being navigated, and which is the largest scale chart available
  • the person in charge of navigation is required to have on board the most recent edition of the:
    • chart reference catalogue
    • annual edition of notices to mariners
    • sailing directions
    • tide and current tables
    • lists of lights, buoys and fog signals and
    • the following documents, if applicable:
      • Radio Aids to Marine Navigation
      • International Code of Signals
      • Ice Navigation in Canadian Waters
  • the master of a ship is required to ensure that the charts, documents and publications are correct and up to date, based on information contained in the Notices to Mariners, Notices to Shipping and radio navigational warnings

The regulations make an exception for local knowledge for persons in charge of the navigation of vessels under 100 tons who have sufficient knowledge of:

  • the location and character of charted shipping routes, lights, buoys, marks and navigational hazards and
  • prevailing navigational conditions, taking into account such factors as tides, currents, ice and weather patterns

The CNPRs provide that such charts may be in electronic form only if it is:

  • an electronic navigational chart (ENC) displayed on an electronic chart display and information system (ECDIS) with an electronic ECDIS or paper backup or
  • a raster navigational chart, where an ENC is not available, with paper backup

Enforcement

The chart carriage and use requirements are enforced by Transport Canada and police forces.

Canada is also party to a number of international conventions that have provisions concerning hydrography, navigation systems and nautical charts. These include the International Hydrographic Organization Convention; the International Convention on the Safety of Life At Sea (SOLAS 1974); the International Maritime Organization conventions on pollution at sea and on search and rescue; and the United Nations Convention on the Law of the Sea.