14-17 – Use of Third Party Boats
Cadet Administrative and Training Orders (CATOs)
Purpose
1. This order establishes the policy governing the use of third party boats for the Canadian Cadet Organizations (CCO). This order is effective upon receipt.
Scope
2. The following order applies when using third party boats for approved training, events and activities organized by RCSUs or their subordinate training centres, RCISs, CSTCs, corps or squadrons. This order does not apply when using DND-owned boats.
Definitions
3. For the purposes of this order:
“applicable authority” means the body delegated the authority to approve the use of third party boats; (autorité compétente)
“large commercial vessel” means a vessel of more than 150 gross tons operated for commercial purposes as defined in the Canada Shipping Act; (grand bâtiment de commerce)
“operator” means, depending on the type, size and propulsion method of the boat as well as the individual’s assignment, the commanding officer, master, officer of the watch, operator or skipper; (conducteur)
“owner” includes the owner himself or herself as well as any person designated as his or her representative or employee; (propriétaire)
“passenger” means any person carried on a vessel, but does not include an operator, a crew member, a person engaged in any capacity on board the vessel on the business of that vessel or a guest of the charterer of the vessel; (passager)
“pleasure craft” means a vessel of not more than 15 gross tons, not carrying passengers and not used for commercial purposes, as defined in the Canada Shipping Act; (embarcation de plaisance)
“small fishing vessel” means a vessel of not more than 150 gross tons, not exceeding 24.4 metres, not carrying passengers and used in commercial fishing, as defined in the Canada Shipping Act; (petit bateau de pêche)
“small vessel” means a small passenger vessel of not more than 15 gross tons and carrying not more than 12 passengers, or of not more than 150 gross tons and carrying between 13 and 25 passengers, used for commercial purposes, as defined in the Canada Shipping Act; (petit bâtiment)
“special purpose vessel” includes river rafting crafts, sail training vessels, amphibious and air cushion vehicles, as defined in the Canada Shipping Act; (bâtiment à usage spécial)
“third party boat” means a vessel of any size, type, and of propulsion method, including all equipment and rigging needed to power it or required under the Canada Shipping Act or Water Safety Orders, which belongs to any organization or group of organizations other than DND or to any person or group of persons; (bateau appartenant à un tiers)
“to use a boat” means to go aboard a vessel, alongside or at sea, as an operator, crew member, guest or passenger, as defined in the Canada Shipping Act; (utiliser un bateau)
“Sea Training staff” means personnel from either Sea Training Atlantic or Pacific organizations. (personnel d’entraînement maritime)
Related Regulations and Orders
4. Related instructions are contained in:
- the Canada Shipping Act and its related regulations;
- A-CR-CCP-030/PT-001 Water Safety Orders; and
- CATO 23-07 Civilian Volunteers in Support of Authorized Cadet Activities;
(1) MARCORD 45-06 Sea Readiness Inspections, and
(2) MARCORD 4-26 Tenders.
Authority
5. The Director Cadets and Junior Canadian Rangers (D Cdts & JCR) is responsible for establishing the policy and guidelines governing the use of third party boats for the CCO.
6. Regional Cadet Support Unit (RCSU) COs have the authority to approve the use of third party boats for training, events and activities under their authority.
General
7. Boats used for mandatory and complementary training as well as for NDHQ and RCSU directed events and activities are normally DND-owned. In some cases, however, the Department will use third party boats when it is possible and preferable. Corps and squadrons may do the same for optional training, events and activities.
Request for Approval
8. Units wishing to use a third party boat shall submit a request to their applicable authority in accordance with related instructions promulgated by the Region.
Conditions of Usage
9. Conditions under which third party boats are used normally fall in one of the following categories:
- CF member or cadet operated and used for training, events or activities;
- owner-operated and used for training, events or activities; and
- owner-operated and used for pleasure purposes or operated for commercial purposes, as defined in the Canada Shipping Act.
10. Unless otherwise stated, the conditions and requirements listed in this order shall apply whether or not a third party boat is used free of charge, or both parties have entered into a formal agreement to permit its use. In some cases, other regulations may apply such as Government Contracts Regulations if the boat is rented or chartered by DND.
11. Boats shall never be used in ways and conditions other than for which they were designed and built, except when it is specifically authorized by D Cdts & JCR.
State Of Boats
12. Third party boats may be authorized for use if they are deemed seaworthy, serviceable and safe. That said, the CF or cadet operator or, if the boat is to be owner-operated, the unit OIC may refrain from using it if he or she believes the boat’s state to be unacceptable, even after it has been deemed acceptable.
13. Inspecting a pleasure craft to ascertain its state should not require special training, experience or much time. The CF, the cadet operator or, if the boat is to be owner-operated, the unit OIC, is responsible to carry out this inspection. RCSUs are responsible for establishing basic criteria and procedures to be used when inspecting a pleasure craft. A Sea Cadet Training Vessel (SCTV) Sea Readiness Inspection checklist may be used as a guide.
14. Inspecting a small vessel, a special purpose vessel, a large commercial vessel or a small fishing vessel requires special training as well as much experience and time. CF-operated small vessels used for the first time shall be subject to a Sea Readiness Inspection (SRI) unless D Cdts & JCR specifically waives the requirement in consultation with appropriate Sea Training staff. Owner-operated small vessels, special purpose vessels, large commercial vessels and small fishing vessels may be deemed seaworthy, serviceable and safe, without having to carry out a SRI, if they have been certified to that effect by Transport Canada and provided that such vessels are not being used for longer endurance voyages or training, such as greater than over night.
15. Small Vessels less than 15 gross tons (12 metres in length), carrying no more than 12 passengers and not operating for extended voyages may be exempted from a SRI in consultation with the appropriate Sea Training staff.
Operators and Crew Members
16. Third party boats may be authorized for use if the operator(s) or crew member(s) are deemed adequately trained, appropriately certified and/or sufficiently experienced. That said, the unit OIC may refrain from using the boat if he or she believes the operator(s) and/or crew member(s) to be incapable of performing their respective duties, even after they have been deemed capable.
17. CF and cadet-operated pleasure crafts shall be crewed in accordance with Water Safety Orders. Owner-operated pleasure crafts shall be crewed in accordance with the Canada Shipping Act.
18. CF-operated small vessels and small fishing vessels carrying passengers shall be crewed as tenders, as defined in MARCORD 4-26. Owner-operated small vessels, special purpose vessels and large commercial vessels shall be crewed in accordance with the Canada Shipping Act. Owner-operated small fishing vessels carrying passengers shall be crewed as small vessels as defined in the Canada Shipping Act.
19. A cadet may not operate a small vessel, a special purpose vessel, a large commercial vessel or a small fishing vessel. A CF member may not operate a special purpose vessel or a large commercial vessel.
20. Where required, the operator(s) and crew member(s) of owner-operated boats shall be screened in accordance with CATO 23-07.
Insurance
21. A third party boat may be authorized for use if it is covered by an insurance policy against the following:
- liability (protection and indemnification); and
- hull damage.
22. This requirement shall apply when the boat is CF or cadet-operated or when it is owner-operated and cadets aboard are not considered to be guests or passengers as defined in the Canada Shipping Act.
23. In situations where the requirement above applies, the CF or cadet-operator or, if the boat is owner-operated, the unit OIC shall make sure the boat is used within the terms and conditions imposed by the insurance policy.
OPI: D Cdts 4
Date: Oct 08
Amendment: Original
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