No. H 154/07
For release August 14, 2007
OTTAWA — The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, today announced proposed amendments to the Collision Regulations and the Canal Regulations to ensure consistency with the Canada Shipping Act, 2001 (CSA 2001), which came into effect on July 1, 2007.
"These amendments are part of the bigger plan to modernize the Canada Shipping Act and will help streamline and clarify regulations," said Minister Cannon. "This is an example of how Canada’s New Government is taking action to help the marine community operate in a manner that is safe, efficient and environmentally sound."
On July 1, 2007, the CSA 2001 came into effect, replacing the Canada Shipping Act as the principal legislation governing safety in marine transportation and recreational boating, as well as protection of the marine environment.
More than 100 regulations needed to be reviewed and updated in order to reflect CSA 2001 authorities. Phase one of the regulatory review process will reform regulations that do not align with the CSA 2001, as well as those that have the greatest impact on safety and the environment. Phase two will update regulations that do align with CSA 2001, as well as those that are not critical to the Act’s entry into force.
The proposed amendments to the Collision Regulations and the Canal Regulations are part of the second phase of the CSA 2001 regulatory reform, and are intended to replace and clarify some of the requirements in the existing regulations.
The Collision Regulations provide uniform measures to ensure the safe conduct of vessels. The regulations describe rules of general conduct specific to the navigational, steering and sailing rules; navigational lights and shapes to be displayed; and the sound and light signals to be used by every vessel and pleasure craft in Canadian waters.
The proposed amendments to the Canal Regulations, made pursuant to the Department of Transport Act, are non-substantive. They are proposed to ensure consistency with the title of the Collision Regulations.
The proposed amendments were published in the Canada Gazette, Part I on Saturday,
August 11, 2007. A 30-day response period follows, during which interested parties may provide their comments to the department. After consideration of all comments received, Transport Canada will finalize the amendments and publish them in the Canada Gazette, Part II, at which time they will come into effect.
If you would like more information about the CSA 2001, please visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. A backgrounder about the Act and how its supporting regulations apply to the marine industry is also attached.
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Contacts:
Natalie Sarafian
Press Secretary
Office of the Minister of Transport,
Infrastructure and Communities, Ottawa
613-991-0700
Nicole McNeely
Communications
Transport Canada, Ottawa
(613) 993-0055
Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at www.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada.
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BACKGROUNDER
CANADA SHIPPING ACT, 2001
The Canada Shipping Act, 2001 (CSA 2001) is an updated and streamlined version of the Canada Shipping Act, which dates back more than 100 years. The CSA 2001 came into force on
July 1, 2007. It is the principal legislation that governs the activities of Canadian vessels in all waters, and of all vessels in Canadian waters.
The Act applies to a marine transportation industry that is as diverse as the country it serves — from pleasure craft to fishing vessels, from tugs and barges to lakers and cruise ships.
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It will help the marine community to operate in a manner that is safer, more efficient, environmentally sound, and responsive to the needs of Canadians in a global economy.
Throughout the reform process, Transport Canada will maintain the highest possible standards in the important area of marine safety.
The CSA 2001 regulatory reform has evolved in two phases
In order to give full effect to the CSA 2001, more than 100 regulations needed to be reviewed and updated. The regulatory review process has two phases:
Phase one includes the reform of those regulations that did not align with the CSA 2001 as well as those that have a great impact on safety and the environment.
Phase two will update regulations that do align with the CSA 2001, as well as those that are not critical to the Act’s entry into force. Work on phase two regulatory reform began once the Act came into effect.
Changes included in the Canada Shipping Act, 2001
The Canada Shipping Act reform began in 1997 and evolved on two tracks.
Track One resulted in Bill C-15, which revised provisions dealing with ship ownership, registration, and mortgages. It also added a preamble to make the Act’s objectives easy to understand and its content easier to interpret. Bill C-15 received Royal Assent in June 2001.
Track Two resulted in Bill C-14, which received Royal Assent on November 1, 2001 as the Canada Shipping Act, 2001. Now in force, its provisions better protect and support crews, enhance passenger and vessel safety, and better protect the marine environment.
The Act itself has been simplified by:
including definitions only when the ordinary dictionary meaning has been narrowed or expanded;
removing technical details from the Act to simplify the legislative framework. They are placed in regulations, standards or other documents;
using language that is clearer and much easier to understand; and
moving all liability provisions to the Marine Liability Act.
The CSA 2001 authorizes the development of supporting regulations that clarify and improve existing vessel safety requirements, environmental protection, and personnel certification and training.
Key regulations under Phase one Regulatory Reform include:
Administrative Monetary Penalties Regulations
Administrative Monetary Penalties Regulations are being introduced to provide an alternative to judicial methods of enforcement. While new to the marine sector, they have been used in the aviation sector for some time.
Marine Personnel Regulations
Marine Personnel Regulations ensure that ship owners employ sufficient crew for the safe operation of vessels. They also ensure that crews are trained and certified to perform their duties and are able to manage and operate vessels. Newly added to these regulations are the “Maritime Labour Standards,” which establish the labour working conditions on vessels.
Environmental Response Regulations
Environmental Response Regulations deal with the prevention of and response to marine spills from vessels and oil handling facilities. Response organizations will need to be certified to enter into agreements with vessels and oil handling facilities. These facilities will be required to have prevention and response plans in place.
Prevention of Pollution from Ships and for Dangerous Chemicals Regulations
Regulations for the Prevention of Pollution From Ships and for Dangerous Chemicals are designed to eliminate the deliberate, negligent, or accidental discharge of ship-source pollutants into the marine environment. They also promote the safe operation of chemical tankers.
Small Vessel Regulations
Small Vessel Regulations, 2007 address the safety needs of pleasure craft of all sizes as well as all other small non-pleasure craft up to 15 gross tonnage that are not fishing vessels.
Fishing Vessel Safety Regulations
New Fishing Vessel Safety Regulations provide an enhanced level of safety. They require fishing vessels to be built and outfitted for safety, equipped for emergencies and manned by competent crews.
You can learn more about the Canada Shipping Act, 2001 reform at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca.
August 2007
