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.
Many of the regulations that apply to passenger vessels are being updated or replaced. These include: new Small Vessel Regulations; Fire Safety Regulations; Cargo, Fumigation and Tackle Regulations; Collision Regulations; Vessel Certificates Regulations; Vessel Clearance Regulations; Marine Personnel Regulations; Load Line Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations; and the Ballast Water Control and Management Regulations.
General
Any vessel that carries passengers is a passenger vessel. However, under the International Convention for the Safety of Life at Sea (SOLAS), a passenger vessel is one that carries more than 12 passengers. This includes guided vessels used in sport fishing and hunting. If in doubt, vessel owners should contact the nearest Transport Canada Centre.
Mandatory Reporting of Passengers (Small Vessels)
Prior to leaving port, small passenger vessel operators will have to report the number of passengers on board to the person ashore who is responsible for contacting search and rescue authorities in case of emergency. (This does not apply to small ferries in remote areas where it is not possible to report to a person ashore.) This requirement will be set out in the new Small Vessel Regulations, which are expected to come into force in 2008.
Enhanced Safety (Small Vessels)
Fire Safety Regulations are being updated based on the latest safety standards and International Maritime Organization convention requirements. These Regulations are expected to come into force in 2009.
The current standards and procedures for installation, maintenance and operation of vessel equipment will be repealed or amended.
New requirements will also include requirements for:
- Mandatory reporting of the number of passengers on board to a responsible person ashore prior to departure; and
- Providing protection against hypothermia and cold shock for those on-board, in the event of capsize or swamping while on cold waters.
In addition, all small passenger vessels that do not carry life rafts and all guided excursion vessels (canoe or kayak) will have to provide protection for their passengers against cold shock and hypothermia in the event of capsize, or swamping when the water temperature is less than 15 degrees Celsius.
These Regulations will require passenger-carrying vessels more than 8.5 metres in length to carry life rafts able to hold all the persons on board if they operate:
- outside the limits of a sheltered waters voyage; or
- more than 2 nautical miles from shore in the rivers and lakes of Canada (in the St. Lawrence river above Quebec City).
Life saving requirements for large passenger vessels will remain unchanged.
Passenger vessel owners and operators should become aware of the new requirements of the Cargo, Fumigation and Tackle Regulations for all Canadian vessels. These Regulations came into force with the CSA 2001.
The Collision Regulations, which address navigation conduct, steering and sailing rules as well as the sound and light signals to be used by vessel operators, are being amended. These rules apply to all vessels in Canadian waters and by Canadian vessels in all waters, to avoid collision situations. Most vessels are already compliant, but the wording of the Regulations will be changed to give a clearer meaning. These amended Regulations are expected to come into force in early 2008.
New Construction Standards
New small passenger vessels not more than 15 gross tonnage, built after April 1, 2005, must meet the version of the Construction Standards for Small Vessels (TP 1332) in effect at the time of construction.
Existing small passenger vessels not more than 15 gross tonnage, built before April 1, 2005, must comply with the 2004 edition of the construction standards, so far as it is reasonable and practicable to do so. Certain safety-critical requirements, however, will apply to all vessels. These new requirements include water-tightness, protection from down-flooding and precautions against fire and explosion.
Manufacturers (including custom builders, re-builders and importers) will be required to fit small commercial vessels with Compliance Notices and Hull Identification Numbers. This new requirement will come into force one year after the new Small Vessel Regulations come into effect. A Compliance Notice is the manufacturer's certification that the vessels meet construction standards, and on vessels not more than 6 metres in length, sets out recommended safe limits for number of persons, load and maximum size of outboard motor.
Owners of passenger vessels that are not more than 15 gross tonnage and that carry 12 passengers or less must report to Transport Canada when a new vessel is placed into service. This report will include both the application for registry and the tombstone data required for the Small Vessel Inspection System and will set the stage for a long-term relationship with Transport Canada.
The construction standards for large passenger vessels will remain largely unchanged except for the clarification of the Fire Safety Regulations in relation to the International Convention for the Safety of Life at Sea (SOLAS).
Vessel Certification and Voyage Classification
The new Vessel Certificates Regulations state which vessels require certification under the CSA 2001. To prove that a vessel is safe to leave on a voyage, all of the documents required by the CSA 2001 must be on board. These documents specify any limitations and confirm that proper inspections have taken place and that the vessel meets all requirements. If a vessel was required to be certified under the CSA, it will continue to be subject to certification under the CSA2001.
Under the CSA 2001, a new and streamlined voyage classification system has been established within the Vessel Certificates Regulations. Voyage classifications that were once found in various sections of the CSA have been consolidated within these Regulations.
This new system will help:
- apply voyage classification consistently across the country; and
- limit, on a case-by-case basis, voyages within this new system.
The Vessel Certificates Regulations entered into force with the CSA 2001.
Vessel Clearance
Under the new Vessel Clearance Regulations, commercial vessels engaged in international voyages will continue to be required to have their inspection certificates verified before being cleared for departure from a port in Canada. Owners of vessels that do not comply will be fined, put in prison, or both. These Regulations entered into force with the CSA 2001.
Marine Personnel
All vessels needing an inspection certificate, as identified in the Vessel Certificates Regulations, must have a Safe Manning Document. This indicates the minimum safe crewing levels for the vessel, and is valid for a maximum of five years after the day it is issued. Details about Safe Manning Documents can be found in the Marine Personnel Regulations. Small passenger vessels that are not more than 15 gross tonnage and carrying 12 passengers or less do not require a Safe Manning Document. A new addition to these Regulations is the "Maritime Labour Standards," which establish the labour working conditions on vessels for the well-being and safety of crew members.
The Marine Personnel Regulations entered into force with the CSA 2001.
Load Lines
Certain passenger vessels will need to comply with the Load Line Regulations, which entered into force with the CSA 2001. These Regulations are necessary for the safe construction and operation of large vessels operating in open waters. They establish the freeboard assigned to a vessel limiting the depth to which it can be loaded, taking into account its area of operation during different seasons of the year. The regulatory requirements are determined by the geometry, stability, strength, and reserve buoyancy of the vessel.
Technical aspects of the International Maritime Organization's Load Line Convention are incorporated by reference into the updated Load Line Regulations. With the exception of minor technical changes, the requirements for load lines will remain the same.
Environmental Protection
The Government of Canada is committed to improving the environment. The CSA 2001 delivers on this commitment, as its regulations will reduce the impact of marine transport on the environment.
All vessels must comply with Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, to protect the marine environment. These Regulations promote the elimination of deliberate, negligent or accidental discharge of ship-source pollutants into the marine environment. The list of harmful ship source discharges includes: oil, noxious liquid substances and dangerous chemicals, sewage, garbage and air anti-fouling systems.
These Regulations were developed under the CSA and came into force in May 2007. An amended version of the Regulations will be available in 2008.
New rules to prevent pollution by vessels include:
- Limits to sewage discharges.
- Sewage holding tanks or marine sanitation devices on ships with a toilet (with some exceptions), to be installed within a five-year period.
- Possible tests of waste matter from marine sanitation devices.
- International Sewage Pollution Prevention Certificates for non-Canadian ships travelling to a Canadian port.
- Garbage management plans and up-to-date Garbage Record Books for certain ships (as specified in the Regulations).
- Bans on:
- buying new equipment that contains ozone depleting substances; and
- emitting ozone depleting substances from existing equipment.
- Limits to the sulphur content of any fuel oil used on a ship, set at 4.5 per cent.
- Approvals for certain new ship engines and new incinerators.
- Quality standards for fuel oil used for combustion.
- International or Canadian Air Pollution Prevention Certificates for certain ships.
- International Anti-fouling System Certificates or self-declarations for certain ships.
- Anti-fouling paint containing tributyl tin to be removed or encapsulated by January 1, 2008.
The Environmental Response Regulations deal with the prevention of and response to marine spills from vessels and oil handling facilities. They are being been modernized under the CSA 2001 and are expected to come into force in 2008. These Regulations may require certain vessels to have a prevention and response agreement in place. In this case, they will need to enter into an agreement with a certified response organization.
The Ballast Water Control and Management Regulations were developed under the CSA, but an amended version will be available in 2008.
Scientific evidence suggests that ballast water carried on board a ship can be a means by which harmful organisms and pathogens are unintentionally transported around the world. These organisms and pathogens may invade and harm an ecosystem when a ship discharges untreated ballast water.
Registration Requirements for Small Passenger Vessels
A Small Vessel Register replaces the Small Commercial Vessel Licensing System for non-pleasure craft of 15 gross tonnage or less. The fee is $50, and registrations are valid for five years. Owners of a fleet of small non-government commercial vessels (two or more vessels, 5 gross tonnage or less, with a common owner) qualify for a $50 flat fee. Owners who currently have a valid licence will have two years to register under the new regime.
Developing a Safety Culture Within the Marine Industry
Transport Canada is committed to working with the marine community and its partners in government and industry to continue to improve the safety of passenger vessels in Canada. Owners and operators of passenger vessels are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.
You can learn more about the CSA 2001 and the regulations that affect passenger vessels at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. You can also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
