The Canada Shipping Act, 2001 (CSA 2001) is an updated and streamlined version of the previous Canada Shipping Act (CSA), 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 CSA 2001 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 tankers and cruise ships.
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It continues to assist 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 maintained the highest possible standards in the important area of marine safety.
The CSA reform began in 1997, and in addition to the legislative changes, included more than 100 regulations identified for review and updating. The reforms evolved in two tracks:
Track One resulted in Bill C-15, which revised provisions of the CSA dealing with vessel ownership, registration, and mortgages. It also added a preamble to the Act to make its 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 CSA 2001. The provisions of the CSA 2001 enhance passenger and vessel safety, better protect and support crews, and the marine environment.
The CSA 2001 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.
Examples of regulations included in the CSA 2001 Regulatory Reform are:
Administrative Monetary Penalties Regulations were 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 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.
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 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.
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 at the Canadian Marine Advisory Council website.
