Marine initiatives planned for April 2019 - April 2021

From: Transport Canada

This plan provides information on planned and potential regulatory initiatives that Transport Canada expects to bring forward over the next two years, as published in the Canada Gazette (CG). It also identifies public consultation opportunities and a departmental contact point for each regulatory initiative.

On this page

Marine Policy

CG I - Cost recovery for Marine Insurance Certificates (Amendments to the Marine Liability and Information Returns Regulations and new regulations under the Wrecked, Abandoned and Hazardous Vessels Act)

Enabling act

Marine Liability Act

Wrecked, Abandoned or Hazardous Vessels Act

Description

The proposed regulations would implement user fees for marine insurance certificates for the Civil Liability Convention and the Bunkers Convention as part of a cost recovery initiative. User fees are also anticipated for marine insurance certificates for the Wreck Removal Convention and the Hazardous and Noxious Substances Convention once these Conventions come into force in Canada.

Current Convention requirements:

  • the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (for vessels over 1,000 gross tonnes); and
  • the International Convention on Civil Liability for Oil Pollution Damage, 1992, (for vessels carrying more than 2,000 tonnes of persistent oil in bulk).

Transport Canada (TC) currently issues more than 750 of these certificates each year. Upon Canada becoming party to the Nairobi International Convention on the Removal of Wrecks, 2007, it is estimated this will increase to approximately 3,000 certificates per year.

Although TC has the authority to charge fees, this service has been provided free of charge. The introduction of a fee would better reflect the direct benefits received by the marine transportation industry as a result of the service.

This is being implemented to be in line with the Service Fees Act (and Budget 2017), and is part of the Government of Canada’s Fee Modernization Initiative. The modernization of Transport Canada’s cost recovery regime is a key component of the department’s transformation plan, which was launched subsequent to a far-reaching Comprehensive Review in 2016-17.

Potential impacts on Canadians, including businesses

As Canadian businesses requiring marine insurance certificates are well experienced in what is required to obtain them, the impact on Canadians due to the changes presented would be strictly from a financial standpoint.

A modest fee of $98 per certificate (non-revenue generation), will be requested to help offset the administrative requirements of supplying the certificates. This price point has been evaluated to have a negligible impact on those required to obtain marine insurance certificates and it is not projected to have a detrimental impact on Canadians.

The majority of those impacted would be Canadian vessels owners that meet the requirements for specific certificates. Additionally, other entities such as provincial ferry operators will also be affected.

A small selection of international vessels will be affected, mostly from the United States. These vessels require marine insurance certificates to trade in Canada and other states party to certain conventions, and in many cases, obtain the certificate from Transport Canada.

Consultations

Stakeholders were initially consulted at fall 2018 Canadian Marine Advisory Council (CMAC) on the introduction of a fee for marine insurance certificates. No questions or concerns were raised at the event and there was no follow up from stakeholders.

The Marine Insurance Certificate Fee Proposal was posted online in February 2019 for stakeholder feedback.

A list of stakeholders has been drafted and information has been sent directing them to the “Let’s Talk Transportation” website.

Further information

To be bundled in the same package with the amendments to the Marine Liability and Information Returns Regulations for reporting of exports of oil by ship.

Departmental contact information

François Marier
Manager/Senior Policy Advisor
International Marine Policy
Transport Canada
Telephone: 613-993-4895
Email: francois.marier@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Amendments to the Marine Liability and Information Returns Regulations – Exporter Reporting New

Enabling act

Marine Liability Act

Description

The proposed regulations will require exporters of persistent oil and non-persistent oil to file information returns annually with Transport Canada. These information returns would be used to calculate a levy to replenish the Ship-source Oil Pollution Fund (SOPF), if that levy was re-activated. These regulations are required to bring certain amendments to the Marine Liability Act into force.

Potential impacts on Canadians, including businesses

Businesses that export oil from Canada by ship will be required to report their shipments, if above 150,000 tonnes of persistent oil and 17,000 tonnes of non-persistent oil annually.

Consultations

Stakeholders have generally been supportive of the regulatory development project. Affected groups were consulted in early 2018 through a discussion paper on the changes to the SOPF's levy.

A further opportunity to comment on the regulations will be provided during pre-publication in the Canada Gazette, Part 1, for a 60 day comment period which is expected in spring 2020.

Further information

To be bundled in the same package with the amendments to the Marine Liability and Information Returns Regulations and regulations made under the Wrecked, Abandoned and Hazardous Vessels Act for introducing a fee for marine insurance certificates.

Departmental contact information

François Marier
Manager/Senior Policy Advisor
International Marine Policy
Transport Canada
Telephone: 613-993-4895
Email: francois.marier@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG II - Regulations amending the Regulations Specifying Territories and Indicating International Registers New

Enabling act

Coasting Trade Act

Description

On March 29, 2019, in what is commonly referred to as “Brexit”, the United Kingdom (UK) will cease to be a Member State of the European Union (EU). As a result, the UK will no longer qualify for preferential treatment under the Canada-EU Comprehensive Economic and Trade Agreement (CETA), a free trade agreement between Canada and the EU and its Member States. Therefore, changes to the Regulations Specifying Territories and Indicating International Registers are required to bring them into conformity with Canadian international trade obligations by removing trade preferences to the UK.

As a result of recent amendments to the Coasting Trade Act, S.C. 1992, c.31 [Act] a minor technical amendment is also required to update the numerical section referenced in the regulations.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments are not anticipated to have any impacts on Canadians or businesses.

The amendments will remove preferential access to the UK for specific domestic maritime activities.

Consultations

Transport Canada (TC) held a marine transport stakeholders roundtable in fall 2018 to provide an update on recently concluded, current and future free trade negotiations, including the status of Brexit.

Departmental contact information

Emilie Gelinas
Director, Domestic Shipping Policy
Marine Policy
Transport Canada
Telephone: 613-991-6244
Email: emilie.gelinas@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG II - Regulations amending the Regulations Specifying Territories and International Registers New

Enabling act

Coasting Trade Act

Description

In spring 2018, Cabinet approved a mandate for the Minister of International Trade Diversification to enter into discussions with the United Kingdom (UK) to substantially replicate the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) in a bilateral transitional arrangement, including the domestic marine cabotage provisions in preparation for Brexit on March 30, 2019. In order to ensure continued access, new legislative provisions are required, which also means that changes to the Regulations Specifying Territories and Indicating International Registers are also required.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments are not anticipated to have any impacts on Canadians or businesses.

The amendments will ensure continued access to specific domestic marine activities for eligible UK entities.

Consultations

Transport Canada (TC) held a marine transport stakeholders roundtable in fall 2018 to provide an update on recently concluded, current and future free trade negotiations, including the status of Brexit.

Departmental contact information

Emilie Gelinas
Director, Domestic Shipping Policy
Marine Policy
Transport Canada
Telephone: 613-991-6244
Email: emilie.gelinas@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG II - Amendment of the Port Authorities Operations Regulations (PAOR) New

Enabling act

Canada Marine Act

Description

Following the (potential) amalgamation of the Oshawa and Hamilton port authorities, the following housekeeping amendments to the schedule of the PAOR are necessary:

  • remove the activity list for the Oshawa Port Authority;
  • remove the activity list for the Hamilton Port Authority; and
  • add an activity list for the (proposed) new port authority.

Departmental contact information

Stephen Cole
Policy Analyst
Ports and Seaway Policy
Marine Policy
Transport Canada
Telephone: 613-993-0484
Email: Stephen.cole@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Marine Safety and Security

CG I - Marine Safety Fees Regulations (DVRO/MTRB)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory project is part of the Fee Modernization Initiative undertaken by Transport Canada. This phase proposes changes to the Domestic Vessel Regulatory Oversight (DVRO) fees and to introduce new fees for Marine Technical Review Board (MTRB) services. The amendments will update the DVRO fees from the Board of Steamship Inspection Scale of Fees.

Potential impacts on Canadians, including businesses

The proposed amendments will consolidate the fees from various sources to create comprehensive Marine Safety and Security Fee Regulations. It is anticipated to have positive effects on Canadians and businesses by making it easier to navigate the fee system for services and will where possible set a standard fee so that fees/charges will be clearer.

Regulatory cooperation efforts (domestic and international)

The changes may bring Canada in line with other international entities charging similar fees for similar services.

Consultations

The target date for pre-publication of the final amendments in the Canada Gazette, Part I, is winter 2021, for a 60 day comment period.

An online consultation will take place on the Transport Canada Let’s Talk Fee Modernization web page in winter 2020.

Consultations will also take place at national and regional Canadian Marine Advisory Council (CMAC) meetings in winter and spring 2020.

Departmental contact information

Lucie Bergeron
Manager, Marine Safety and Security
Transport Canada
Telephone: 613-993-4376
Email: Lucie.Bergeron@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Marine Safety Fees Regulations (Marine Cargo/Port State Control/Pre-wash)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory project is part of the Fee Modernization Initiative undertaken by Transport Canada. This phase proposes changes to the Marine Cargo Services Fees. The amendments will consolidate the fees from the following regulations: Port Wardens Tariff; Cargo Fumigation and Tackle Regulations; and the Board of Steamship Inspection Scale of Fees.

Potential impacts on Canadians, including businesses

The proposed amendments will consolidate the fees from various sources to create comprehensive Marine Safety and Security Fee Regulations. It is anticipated to have positive effects on Canadians and businesses by making it easier to navigate the fee system for services and will where possible set a standard fee so that fees/charges will be clearer.

Regulatory cooperation efforts (domestic and international)

The changes may bring Canada in line with other international entities charging similar fees for similar services.

Consultations

The target date for pre-publication of the final amendments in the Canada Gazette, Part I, is winter 2020, for a 30 day comment period.

Consultations are also taking place at national CMAC meetings and with targeted marine stakeholders (e.g., the BC Chamber of Shipping and the Shipping Federation of Canada).

Departmental contact information

Lucie Bergeron
Manager, Marine Safety and Security
Transport Canada
Telephone: 613-993-4376
Email: Lucie.Bergeron@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Environmental Response Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001

Description

There are two phases to these regulations. Phase I (underway) repeals and replaces Part II of the existing Response Organizations and Oil Handling Facilities Regulations and the Environmental Response Arrangements Regulations in their entirety. Phase II or the proposed Regulations will repeal Part I of the Response Organizations and Oil Handling Facilities Regulations (and redraft provisions specific to response organizations).

Potential impacts on Canadians, including businesses

The proposed amendments will ultimately consolidate two older regulations into one piece of legislation addressing Oil Handling Facilities and Response Organizations through the new ERR. It is anticipated to have positive effects on these primary stakeholders as well as Canadians in coastal communities, Indigenous groups, certified ports and marine industry while improving oil spill response mechanisms to reduce pollution; remaining on par with international standards; and maintaining vibrant domestic and international shipping within Canadian waters.

Regulatory cooperation efforts (domestic and international)

In 2013, a report concerning the transportation of hydrocarbons 5 was issued by the Standing Senate Committee on Energy, the Environment and Natural Resources. Transport Canada undertook a review of domestic and international regulatory regimes to compare the transport of hydrocarbons by transmission pipelines, marine tanker vessels, and railcars. Following this report, recommendations were made to enhance the safety elements of bulk transport of hydrocarbon products in Canada. This report aligned with the Government of Canada’s commitment to Canadians to pursue responsible economic development while safeguarding the environment through initiatives such as the Oceans Protection Plan. The Plan, which was announced on November 7, 2016, allows an increased capacity on all three coasts in order for the Government of Canada to be in a better position to work closely with Indigenous and local communities in assessing risks and responding quickly to marine emergencies and pollution incidents.

Consultations

Initial stakeholder discussions took place regionally through the OPP initiative in 2018. Transport Canada has also been holding stakeholder meetings in Ottawa based around a proposed Discussion Paper and Standards document for Phase II. The national spring Canadian Marine Advisory Council (CMAC) in 2019 will update stakeholders on the progress of Phase I and introduce Phase II of the Environmental Response Regulations.

Three to six months consultation period is expected starting early 2020.

Departmental contact information

Elizabeth Werszko
Manager Marine Safety and Security
Transport Canada
Telephone: 613-993-9233
Email: elizabeth.werzko@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Vessel Construction and Equipment Regulations

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade. They will consolidate a number of existing regulations and standards into a single, comprehensive set of regulatory requirements concerning the construction of new vessels and ensure Canadian requirements for new vessels are consistent with modern standards and industry best practices.

Potential impacts on Canadians, including businesses

There may be small impacts on industry stakeholders involved in the construction and operation of Canadian vessels greater than 24 metres, excluding fishing vessels and pleasure craft. Any additional costs on these businesses will be small however, as the proposed Regulations aim to minimize impacts on vessels currently operating under the Canadian flag through grandfathering provisions that will allow vessels constructed before their coming into force to continue to comply with the requirements that were in place at that time.

Regulatory cooperation efforts (domestic and international)

The proposal will aim to complement the regulatory regimes of Canada’s partners (including the United States) by adhering to contemporary international standards. The proposal will incorporate by reference existing international conventions, codes and resolutions, as well as existing classification society rules. This approach will enable Canada to adopt and ratify future amendments to international conventions such as the International Convention for Safety of Life at Sea (SOLAS).

Consultations

Public consultations will be ongoing throughout the process. Regular consultations have been held through Canadian Marine Advisory Council (CMAC) since the project’s beginning in 2009. The project’s scope, objectives and framework have been presented at these meetings, with comments and proposals from stakeholders taken into account. Copies of the project’s drafting instructions were circulated to stakeholders following each meeting, with stakeholder-suggested revisions being incorporated into the final version.

Targeted consultations were held with representatives from the passenger and ferry sectors (BC Ferries, the Canadian Ferry Association, the Passenger and Commercial Vessel Association, and Ontario Ferries) in September 2018 to discuss potential impacts the proposed regulation could have on industry.

It is anticipated that there will be a 60-day comment period following pre-publication in the Canada Gazette, Part I, in 2020.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Regulations Amending the Fishing Vessel Safety Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade. It is the second phase for the changes to the Small Fishing Vessel Inspection Regulations (now called the Fishing Vessel Safety Regulations, due to a name change under Phase I amendments). The Regulations contain provisions for the construction requirements of small fishing vessels less than 24 metres in length and less than 150 gross tonnage, related to hull length, propulsion and deck.

Potential impacts on Canadians, including businesses

The proposed amendments may impact Canadian boat builders by implementing new/updated construction requirements for fishing vessels. The proposed option to incorporate recommended practices and standards will increase the flexibility for options to build vessels and may therefore decrease potential impacts on international trade and imports into Canada. There may be associated costs to businesses to retrofit existing vessels with new required safety equipment.

Regulatory cooperation efforts (domestic and international)

The proposed amendments are consistent with the government long-term approach to small vessel construction towards improved regulatory harmonization with the United Stated and the European Union in terms of the American Boat and Yacht Council and the International Organization for Standardization requirements.

Consultations

Consultations have been conducted since 2016. Recent consultations were undertaken at the fall 2018 CMAC, and the matter will again be discussed at the upcoming April 2019 Canadian Marine Advisory Council (CMAC).

It is anticipated that there will be a 60-day comment period following pre-publication in the Canada Gazette, Part I, in mid-2021.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Regulations amending the Small Vessels Regulations (Licensing)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade.The proposed Regulations would ensure that Canadians, coasts and waterways are better protected from vessels of concern through introduction of preventative and remediation/removal measures involving multiple partners, including local communities. This regulatory initiative is linked to the Oceans Protection Plan.

The five key measures under the National Strategy to regulating abandoned or hazardous vessels and wrecks in Canadian waters are:

  1. New legislation: Bill C-64, the Wrecked, Abandoned or Hazardous Vessels Act
  2. Enhance vessel owner identification
  3. Short time funding for: clean-up of existing small abandoned boats and wrecks; education and awareness; research on boat recycling and design
  4. Long term owner-financed funds to address abandoned and wrecked boats
  5. National inventory of problem boats with risk assessment methodology

Potential impacts on Canadians, including businesses

Depending upon the approach agreed upon, there may be impacts on Canadian recreational boaters and businesses involved in the sale of recreational boats.

Consultations

Consultations were conducted at the fall 2017 and spring 2018 Canadian Marine Advisory Council (CMAC) stakeholder sessions by the Oceans Protection Plan /Environmental Policy consultation unit with targeted stakeholders.

It is anticipated that there will be a 30-day comment period following pre-publication in the Canada Gazette, Part I, in early 2021.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Special Purpose Vessel Regulations

Enabling act

Canada Shipping Act, 2001

Description

The proposed amendments to the Special Purpose Vessel Regulations intend to review provisions regarding swift water rescue certificates and credentials to enhance marine safety. Proposed amendments are pursuant to the Canada Shipping Act, 2001 and were recommended by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). Transport Canada (TC) committed to making the required amendments where applicable. Some amendments are being considered through a departmental Miscellaneous Amendments Request (MAR), but there are two items from the SJC letter that required further policy review. Marine Safety and Security has committed to making the amendments. These are proposed changes to Section 11 to “amend the provision to specify the competency of the organization that issued the swift water rescue certificate.” Marine Safety and Security would amend the provision by adding the credentials of the body issuing the swift water rescue certificate.

Potential impacts on Canadians, including businesses

The majority of the amendments are administrative in nature and will generally have no effect or impacts on Canadians. White-water rafting companies may be impacted by the amendments. No impacts on international trade or investment are anticipated.

Regulatory cooperation efforts (domestic and international)

It is not anticipated that this proposal will have any effect on regulatory cooperation efforts.

Consultations

It is anticipated that there will be a 30-day comment period following pre-publication in the Canada Gazette, Part I, in 2021.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Marine Personnel Regulations, 2020

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade.

The proposed amendments would bring Canada’s regulatory regime in line with three major conventions to which Canada is a signatory:

  1. the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and its associated Codes, adopted at the International Marine Organization’s Manila Conference on June 25, 2010, set the standards of competence for seafarers internationally and must be implemented in Canadian regulations in order to achieve full compliance with the STCW by January 1, 2017;
  2. the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), which was ratified on September 29, 2011, and came into force on September 29, 2012; and
  3. 2014 amendments to the Maritime Labour Convention, 2006.

This initiative also addresses Transportation Safety Board (TSB) recommendations.

Potential impacts on Canadians, including businesses

Business impacts are anticipated to be minimal.

Regulatory cooperation efforts (domestic and international)

Proposed amendments would bring Canada’s regulatory regime in line with three major conventions of the International Maritime Organization.

Consultations

This regulatory project was presented at every national Canadian Marine Advisory Council (CMAC) meeting between the fall of 2011 and the spring of 2015, with the most recent consultations taking place in November and December 2018.

It is anticipated that there will be a 30-day comment period following pre-publication in the Canada Gazette, Part I, in 2020.

Departmental contact information

Scott Naugler
Chief, Regulatory Issues
Marine Safety and Security
Transport Canada
Telephone: 613-949-0655
Email: Scott.Naugler@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2015

CG I - Regulations amending the Vessel Certificates Regulations

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap.

Proposed amendments to the Vessel Certificates Regulations are required to modernize and enhance vessel safety inspection and certification requirements under the Canada Shipping Act, 2001. This regulatory proposal would clarify and update existing requirements, close any unintentional gaps, and reduce inconsistencies.

Consequential amendments are also required for this regulatory project. These consequential amendments aim to increase regulatory flexibility, harmonization, and simplicity for stakeholders and government by removing inspection requirements from relevant regulations and placing them in administrative documents. These include a wide range of documents used to support the implementation of regulations, such as standards and policy documents.

The regulatory initiative will also address issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), as well as update the sheltered waters Schedules.

A regional advisory group provides technical guidance and advice on the amendments will also be contributing to the development of related administrative documents.

Potential impacts on Canadians, including businesses

As the amendments to the regulations are largely for the purposes of clarification and consolidation, no significant impacts to Canadians, including businesses, are anticipated.

Regulatory cooperation efforts (domestic and international)

Stakeholders have been systematically consulted through national and regional Canadian Marine Advisory Council (CMAC) meetings beginning in 2017 and continuing through to 2019.

Consultations

Stakeholder consultations were conducted through the Canadian Marine Advisory Council (CMAC) during the fall of 2017 and spring of 2018.

It is anticipated that there will be a 60-day comment period following pre-publication in the Canada Gazette, Part I, in early 2020.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG II - Navigation Safety Regulations, 2019 New

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade. The new proposed Navigation Safety Regulations, 2019 will consolidate 10 existing navigation safety and radiocommunications regulations into one comprehensive regulation.

This consolidation will:

  • expand the carriage requirements of distress alerting and communication equipment;
  • enable greater protection of the endangered North Atlantic right whale and the Southern Resident Killer Whale by expanding the Automatic Identification System (AIS) carriage requirements;
  • expand the carriage requirements for equipment designed to improve the situational awareness of vessel operators;
  • incorporate by reference chapters IV and V of the International Convention for the Safety of Life at Sea (SOLAS);
  • bring the regulatory regime in line with the Canada Shipping Act, 2001;
  • respond to recommendations made by the Transportation Safety Board, the Chief Coroner for the Leviathan II marine incident, the Auditor General of Canada, the Standing Joint Committee for the Scrutiny of Regulations; and
  • uphold the Cabinet Directive on Regulatory Management.

Potential impacts on Canadians, including businesses

The majority of companies affected by the proposed amendments would be small businesses.

The cost per business is relatively low for the emergency beacon requirements. For other provisions in the new proposed Regulations, the costs remain relatively low and vary with the size of the vessel operated by the business. For these reasons, flexibility options are not being considered.

There are no anticipated significant impacts on international trade or investment related to this regulatory initiative.

Regulatory cooperation efforts (domestic and international)

This proposal will consolidate 10 existing Canadian regulations related to navigation safety and radiocommunications, and will align with international standards under chapters IV and V of the International Convention for the Safety of Life at Sea (SOLAS), which has been adopted by 174 Member States and three Associate Members.

This proposal will also align with the United States-Canada policy change regarding navigating the St. Clair and Detroit rivers. Since November 14, 2012, the restricted speed area currently in place as per the St. Clair and Detroit River Navigation Safety Regulations between the Detroit River light and Peche Island light has been reduced in size by relocating the southern point of the restricted speed area from its current location at the Detroit River light to a new location at Bar Point Light D33.

Increasing AIS carriage requirements would align Canadian regulations with current carriage requirements in the United States and the St. Lawrence Seaway.

Consultations

Consultations on this initiative have been led through both regional national Canadian Marine Advisory Councils since 2007. Where the marine industry has been provided with regular updates and consulted on the development of the revised requirements of chapters IV and V of the International Convention for the Safety of Life at Sea through the national Canadian Marine Advisory Council.

Approximately 300 letters were also sent out in January 2018 to operators of larger fishing vessels, who do not typically attend Canadian Marine Advisory Council meetings, informing them of the proposed new Navigation Safety Regulations and inviting them to provide comments. The feedback from these consultations has been taken into consideration in the preparation of the proposed Regulations.

This regulatory initiative was also raised through Transport Canada’s Let’s Talk Transportation online platform that was set up for the NSR-AIS regulatory initiative.

The proposed regulations were pre-published in the Canada Gazette, Part I, on June 15, 2019, with a 90-day comment period.

The target date for publication in the Canada Gazette, Part II, is Mid-2020.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor, Marine Safety and Security
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

CG II - Ballast Water Regulations New

Enabling act

Canada Shipping Act, 2001

Description

The regulatory proposal aims to reduce the transfer of harmful aquatic organisms and pathogens into Canadian ecosystems by repealing the current Ballast Water Control and Management Regulations and introducing new proposed Ballast Water Control and Management Regulations to align them with the International Maritime Organization’s International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention), which entered into force on September 8, 2017.

The objectives of the proposed Regulations are to:

  1. reduce the risk to the environment associated with the introduction and spread of aquatic invasive species in the ballast water of vessels;
  2. give effect in Canada to the Convention and address Canada’s international obligations; and
  3. provide a flexible and effective approach for ballast water discharges for Great Lakes vessels.

Potential impacts on Canadians, including businesses

This regulatory proposal would have an impact on small businesses.

In the case of certain small vessels that travel internationally (e.g., recreational and rescue vessels), Transport Canada intends to use flexibility provided by the Convention to establish a best-effort equivalent compliance regime. However, such vessels (and those that do not qualify for the Convention’s flexibility) would need to comply with any foreign requirements that are not under Transport Canada’s control.

With respect to vessels that operate only in Canada (or there and on the high seas), Transport Canada intends to apply the equivalent compliance regime to all vessels less than 50 metres in length. This is expected to encompass most domestic vessels operated by small businesses, dramatically reducing their costs of compliance.

There are no anticipated significant impacts on international trade or investment related to this regulatory initiative.

Regulatory cooperation efforts (domestic and international)

This regulatory proposal is being introduced to align Canadian regulations with the BWM Convention, addressing Canada’s obligations as a signatory to it. In so doing, it also aims to align to the extent feasible with the differing United States regimes for ballast water.

The United States decided against becoming a party to the Convention. Instead, it advanced with multiple overlapping federal and state-level regimes and a performance standard that requires organisms in ballast water discharge to be dead (not merely unable to reproduce). The United States also requires that any Ballast Water Management System operated in its waters be approved by the United States Coast Guard using different tests than internationally approved equipment. This differing approach introduced the possibility that United States and Canadian vessels might not be able to interoperate in the ports of both countries. The United States has recently begun to approve Ballast Water Management Systems that are also accepted under the Convention and has taken steps to further align its standards with those of the International Maritime Organization.

Canada and the United States have agreed to work toward compatible ballast water requirements as part of the Vessel Discharge provisions of the 2012 Canada-United States Great Lakes Water Quality Agreement (which includes annual meetings). In addition, Transport Canada, United States Coast Guard and United States Environmental Protection Agency officials have a long-standing history of trilateral co-operation on ballast water regulations. Partly because of these existing mechanisms and also because of the challenging legislative context for the United States Coast Guard and Environmental Protection Agency, Canada and the United States have determined that ballast water regulations should not form a part of the Regulatory Cooperation Council at this time.

Consultations

Prior to Canada’s accession to the BWM Convention in 2010, Transport Canada initiated both national and regional working groups on ballast water under the auspices of the Canadian Marine Advisory Council. These groups allowed stakeholders to provide Transport Canada with input on ballast water issues and the opportunity to comment on the policies upon which those Regulations were based.

Since then, significant consultation efforts have taken place, such as the following:

  • Canadian stakeholders have been consulted on Canada’s positions and participated as observers in Canadian delegations to all International Maritime Organization meetings concerning the Convention.
  • Canadian shipping companies and associations participated along with Transport Canada, United States regulators, scientists, Ballast Water Management System manufacturers, environmental Non-Government Organizations, and the public in meetings of the Great Lakes Ballast Water Collaborative with the goal of sharing information on potential regulatory approaches. The Collaborative met in September 2009, May and July 2010, January 2011, August 2012 and in 2014. Transport Canada intends to request that another meeting be arranged in spring 2019 to share information on its proposed regulatory approach.
  • Almost 30 Canadian and American shipowners, business associations, scientists, legal associations, landowner associations, United States jurisdictions, and Ballast Water Management System manufacturers submitted public comments in March 2013 in response to an October 2012 Transport Canada discussion paper concerning Canada’s intention to give effect to the Convention on the Great Lakes.
  • Transport Canada formed the Government-Industry Working Group on Ballast Water in early 2017. The group has held eight in-person meetings leading directly to the present regulatory proposal. In December 2018, the working group agreed in principle to a discussion paper containing pseudo-regulatory language setting out key elements of the proposed regime.

The proposed regulations were pre-published in the Canada Gazette, Part I, on June 8, 2019, with a 70-day comment period.

The target date for publication in Canada Gazette, Part II, is mid-2020.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor, Marine Safety and Security
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

CG I - Regulations amending the Vessel Operation Restriction Regulations (2018 Submission)

Enabling act

Canada Shipping Act, 2001

Description

The proposed amendments will address safety concerns by amending section 2(3) of the Regulations to include a maximum aggregate power level of 7.5 kW for vessels driven by electrical propulsion. This proposed amendment is a proactive change meant to ensure that the original intent of the Regulations, in areas where restrictions exist, is not superseded by advances in technologies that might enable electric-powered vessels to undertake activities that would otherwise not have been feasible when the Regulations were first put in place. A consequential change will be made to section 9(1), as well to include the required details for signage.

The amendments also address two outstanding issues identified by the Standing Joint Committee for the Scrutiny of Regulations and amend incorrect geographical coordinates listed in the Schedules for 46 entries.

Potential impacts on Canadians, including businesses

The changes are administrative in nature, there are no expected impacts on Canadians or businesses.

Regulatory cooperation efforts (domestic and international)

It is not anticipated that this proposal will have any effect on regulatory cooperation efforts.

Consultations

Consultation with stakeholders took place at the fall 2018 Canadian Marine Advisory Council (CMAC) during the meeting of the Recreational Boating Standing Committee. In addition, it was discussed at the November 14, 2018, meeting of the National Recreational Boating Advisory Council (NRBAC).

The target date for pre-publication of the final amendments in the Canada Gazette, Part I, is the end of 2019 or early 2020 for a 30 day comment period.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

CG I - Regulations amending the Safety Management Regulations

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The initiative is intended to address stakeholder comments concerning the need to amend existing regulations to reflect modern safety and environmental standards, align with international best practices, and reduce barriers to trade. The proposed amendments would broaden the application of the Regulations to the Canadian domestic fleet, thereby addressing the recommendations of the Transportation Safety Board to require all commercial vessels to have a safety management system (SMS).

The proposed amendments to the Safety Management Regulations would require a broader portion of the Canadian fleet to develop and implement some form of safety management system. Specifically:

  • Tier I (SOLAS) are currently the only Canadian vessels to which the Safety Management Regulations apply. All convention vessels and the companies that operate them are already subject to the regulations and will not be affected by the proposed amendments.
  • Tier II non-SOLAS vessels of 500 gross tonnage (GT) or more and the companies that operate them will be required to implement an SMS with full requirements of the International Safety Management (ISM) Code, and have it audited and certified. 500 GT and more was chosen for this tier, as this is the applicable size for vessels that are subject to SOLAS. This tier will also apply to vessels that carry 50 passengers or more. These vessels and the companies that operate them will be required to implement an SMS, and have it audited and certified. Although accidents involving large passenger vessels are very rare, their consequences can be disastrous.
  • Tier III non-convention vessels of 24 metres or more and smaller than 500 GT, and the companies that operate them, will be required to implement an SMS with full requirements of the ISM code, but will not be required to have it audited and certified.

Potential impacts on Canadians, including businesses

The proposal would impact owners of Canadian non-Convention vessels that carry 50 passengers or more, or are 24 metres in length and above, operating other than as pleasure craft.

Non-SOLAS vessels of 500 gross tonnage (GT) or more, as well as vessels that carry 50 passengers or more, and the companies that operate them will be required to develop and implement an SMS with full requirements of the International Safety Management (ISM) Code, and have it audited and certified.

Non-convention vessels of 24 metres or more and smaller than 500 GT, and the companies that operate them, will be required to implement an SMS with full requirements of the ISM code, but will not be required to have it audited and certified. The proposal may also require smaller vessels of less than 24 metres to implement some form of SMS, but will not require them to have it audited or certified.

Regulatory cooperation efforts (domestic and international)

This proposal will extend the requirements of the International Safety Management (ISM) Code, to non-SOLAS vessels operating in Canada, addressing inconsistencies between Canadian vessels that are subject to the SOLAS Convention and vessels that are not.

Consultations

Consultations with the industry began in 2010. This regulatory project was presented at the national Canadian Marine Advisory Council (CMAC) in the fall of 2017 and the spring of 2018.

It is anticipated that there will be a 30-day comment period following pre-publication in the Canada Gazette, Part I, in 2020.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2015

CG I - Administrative Monetary Penalties (CSA 2001) Regulations New

Enabling act

Canada Shipping Act, 2001

Description

The proposed regulations will update the monetary penalties and fines under the Canada Shipping Act, 2001 (CSA 2001). This regulation is comprised of two parts:

  1. Increase maximum fines set out in the CSA 2001 to align horizontally with AMPs in other program areas such as those under the Rail Safety Act and the proposed Wrecked, Abandoned or Hazardous Vessels Act regulations. The rationale for increasing maximum fines is also to provide a more effective deterrent for large corporations.
  2. Implement or amend AMPs under select new or recently published regulatory packages, in order to increase stakeholder compliance with these regulations.

Potential impacts on Canadians, including businesses

There will be minimal to no impacts on Canadians outside of the industry. There may be impacts on stakeholders in the industry if they fail to comply with applicable marine regulations.

Regulatory cooperation efforts (domestic and international)

It is not anticipated that this proposal will have any significant effect on regulatory cooperation efforts.

Consultations

Stakeholder consultations are targeted for early 2020 regarding an increase to the maximum fines set out under the CSA 2001.

It is anticipated that there will be a 60-day comment period following pre-publication in the Canada Gazette, Part I, in early 2021.

Departmental contact information

Jessica Drolet
Chief, Legislative and Regulatory Affairs
Marine Safety and Security
Transport Canada
Telephone: 613-993-7391
Email: jessica.drolet@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Vessel Operation Restriction Regulations (2019 Submission) New

Enabling act

Canada Shipping Act, 2001

Description

The proposed amendments will address outstanding issues identified by the Standing Joint Committee for the Scrutiny of Regulations and amend incorrect geographical coordinates listed in the Schedules and will include new designation of enforcement for the City of Edmonton.

Potential impacts on Canadians, including businesses

There are no expected impacts on Canadians and business at this time, however the period to submit new Vessel Operation Restriction Regulations (VORR) requests remains open until September 15, 2019.

Regulatory cooperation efforts (domestic and international)

It is not anticipated that this proposal will have any effect on regulatory cooperation efforts.

Consultations

Consultation with stakeholders will take place at the Canadian Marine Advisory Council (CMAC).

It is anticipated that there will be a 30-day comment period following pre-publication in Canada Gazette, Part I, in early 2020.

Further information

The date to receive new Vessel Operation Restriction Regulations requests is open until September 15, 2019.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Vessel Pollution and Dangerous Chemicals Regulations (VPDCR)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The proposed amendments will revise sewage, garbage, and water and air pollution requirements to bring them in line with current International Maritime Organization practices in accordance with MARPOL Annex VI.

Regulatory cooperation efforts (domestic and international)

It is anticipated that this amendment will more fully bring Canada into compliance with international expectations under MARPOL.

Consultations

Consultation with stakeholders will take place at the Canadian Marine Advisory Council (CMAC) and through other mechanisms, as appropriate.

The target date for pre-publication of the amendments in the Canada Gazette, Part I, is May 2022.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor, Marine Safety and Security
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

CG I - Regulations amending the Small Vessel Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The proposed Regulations will fill the space between the existing Small Vessel Regulations (SVR) and the proposed Vessel Construction and Equipment Regulations (VCERs). The SVR (Construction) will be applicable to the majority of the Canadian inspected vessels fleet and to all types of commercial vessels up to 24 meters, excluding fishing vessels, and also to vessels less than 15 GT but carrying more than 12 meters.

Departmental contact information

Heidi Craswell
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613-949-1708
Email: heidi.craswell@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Regulations amending the Vessel Clearance Regulations New

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. This minor regulatory project intends to update the list of Documents Required for Clearance listed in the Vessel Clearance Regulations. These Regulations being impacted by changes made to other Regulations, such as Vessel Certificates Regulations, it will have to be updated after other regulatory projects are completed.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor, Marine Safety and Security
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

CG I - Regulations amending the Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act, 2001 New

Enabling act

Canada Shipping Act, 2001

Description

This regulatory initiative was identified by Transport Canada in its Transportation Sector Regulatory Review Roadmap. The Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act which came into force in 2000, refers to old provisions. The Regulations will be repealed as part of the Marine Personnel Regulations, 2020 regulatory project.

Departmental contact information

Scott Naugler
Chief
Marine Safety and Security
Transport Canada
Telephone: 613-949-0655
Email: scott.naugler@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Related Information

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