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 regulations that apply to small commercial vessel owners and operators are being updated or added. These include: new Small Vessel Regulations; Cargo, Fumigation and Tackle Regulations (for vessels that carry more than 100 kilograms of cargo); Collision Regulations; Vessel Certificates Regulations (voyage classifications only); Marine Personnel Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; and Environmental Response Regulations.
What are the new Small Vessel Regulations?
The new Small Vessel Regulations are an updated version of the current Small Vessel Regulations. They are expected to enter into force in 2008.
These updated Regulations will include updated provisions for the safety equipment, construction and some operational issues for small commercial vessels not more than 15 gross tonnage.
New Construction Standards
New vessels, 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.
Small vessels built prior to April 1, 2005 must comply with the 2004 edition of the construction standards, as far as it is reasonable and practicable to do so. Certain safety-critical requirements, however, will apply to all vessels. These requirements include water-tightness and protection from down-flooding, water freeing arrangements 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.
Small non-pleasure craft operators 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.
Enhanced Safety
The new Small Vessel Regulations will update the requirements for lifesaving and fire safety equipment.
New requirements include:
- Automatic bilge pumps (with high bilge water alarms) where bilge is not readily visible – on vessels more than 6 metres in length – unless they are fitted with bilge pumping systems; and
- Re-boarding devices for persons who fall in the water, if the minimum vertical height for re-boarding from the water is greater than 0.5 metres.
Since the Fire Safety Regulations have requirements for certain vessels less than 150 gross tonnage, vessel owners/operators should consult them for more information. They 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.
Owners/operators of small commercial vessels that carry more than 1,000 kilograms of cargo should become aware of the new requirements of the Cargo, Fumigation and Tackle Regulations. These Regulations came into force with the CSA 2001 on July 1, 2007.
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.
Vessel Clearance
Under the CSA 2001 Vessel Clearance Regulations, commercial vessels engaged in international voyages will continue to have their inspection certificates verified before being cleared for departure from a port in Canada. These Regulations entered into force with the CSA 2001 on July 1, 2007.
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 CSA 2001. Certain small vessels may be subject to the requirements under these Regulations. However, the requirements do not apply to small vessels 15 gross tonnage or less that are carrying 12 passengers or less.
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 on July 1, 2007.
Marine Personnel
Small commercial vessel owners/operators must comply with the Marine Personnel Regulations. They exist to ensure that vessels hire enough crewmembers for safe operation. They also require that crews be trained and certified to perform their duties and are able to manage and operate vessels. 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. All commercial and fishing vessels, regardless of length, must have a certified master. A holder of a Small Vessel Operator Proficiency training certificate can operate certain small commercial vessels. In some cases, a Pleasure Craft Operator Card is acceptable.
The Marine Personnel Regulations entered into force at the same time as the CSA 2001 on July 1, 2007.
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.
Small commercial vessels must comply with the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, to protect the marine environment. The list of harmful ship source discharges includes: oil, noxious liquid substances and dangerous chemicals, sewage, garbage air pollution and certain types of anti-fouling coatings.
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.
- 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.
- Anti-fouling paint containing tributyl tin to be removed or encapsulated by January 1, 2008.
The Environmental Response Regulations are meant to prevent and respond to marine spills from vessels and oil handling facilities. These Regulations are being modernized under the CSA 2001 and are expected to come into force in 2008. They may require large 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.
Registration Requirements for Small Commercial 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 per fleet application. Owners who currently have a valid licence will have two years to register under the new regime.
For more information
Owners and operators of small commercial vessels are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.
You can learn more about regulations that affect small commercial vessels or the Canada Shipping Act, 2001 Regulatory Reform Project, 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.
