Canada Shipping Act, 2001
On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the old Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
General
The Marine Technical Review Board (MTRB) has been created under the CSA 2001 to review applications for exemption from, or equivalencies for, regulatory requirements. These applications concern individual Canadian vessels or the issuance of Canadian Maritime Documents to persons. The MTRB cannot make a decision that affects multiple vessels or classes of vessels.
Differences between the MTRB and the Board of Steamship Inspection
When the CSA 2001 entered into force on July 1, 2007, the MTRB replaced the Board of Steamship Inspection. The MTRB differs from the Board of Steamship Inspection in a number of ways. For example:
The MTRB consists of the chair, a national vice-chair and five regional vice-chairs.
The MTRB chair is appointed by the Minister, not the Governor-in-Council, and has the power to appoint vice-chairs and panel members.
The chair and vice-chairs must be employees of Transport Canada with expertise in marine matters.
Panels will be struck to review applications for a Board Decision. Anyone who has expertise in the matter under review can be appointed as a member of these panels.
The MTRB chair is not responsible for supervising marine safety inspectors or for investigating their possible negligence, or for vessel inspection.
MTRB members will not make decisions on structural strength and suitability concerning the safety of hulls, machinery and equipment.
While the MTRB will not have legislative authority to resolve disputes, it will consider disputes on technical matters, under the authority of the Minister.
The MTRB made rules for its procedures that required the Minister's approval. The Board of Steamship Inspection made its rules and regulations that required approval by the Governor-in-Council.
Marine safety inspectors do not automatically become board members. They may however be appointed by the chair to serve on panels making decisions on specific applications.
All decisions made by the Board of Steamship Inspection will expire five years after the entry into force date of the CSA 2001.
The MTRB will publish on the Internet all positive decisions regarding exemptions and equivalencies.
Applications for exemption or equivalency will be processed and reviewed in a similar manner and as previously done by the Board of Steamship Inspection.
You can learn more about the MTRB at www.tc.gc.ca/marinesafety/rsqa/cea/mtrb/menu.htm. For more information on the Canada Shipping Act, 2001 Regulatory Reform Project at the Canadian Marine Advisory Council website, visit www.cmac-ccmc.gc.ca. You can also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
