Marine initiatives planned for April 2022 – April 2024

From: Transport Canada

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years.

On this page

Environment initiatives planned for April 2022 – April 2024

Initiative(s) planned for Canada Gazette, Part I

Marine Environmental Protection Regulations

Enabling act

Canada Shipping Act (S.C. 2001, c. 26)

Description

The proposed regulations would create a specific framework to provide greater protection of marine species and the marine environment from the impacts of navigation and shipping activities.

Potential impacts on Canadians, including businesses

Small impacts on vessel owners and operators are anticipated, including fishing vessels and pleasure craft as well port communities and related businesses as has been the case with current interim measures for the protection of Southern Resident killer whales and North Atlantic right whales. The proposed regulations will address the risks of shipping practices on marine species and the marine environment, which are currently being addressed through Interim Orders under the Act.

Regulatory cooperation

The proposed regulations intended to complement the regulations of other federal organizations that include express authority to protect marine species, and the marine environment and will be developed and implemented in close cooperation with the Department of Fisheries and Ocean in particular.

Consultations

Transport Canada will initiate consultation via the Canadian Marine Advisory Council (National and Regional). In year 2022-2023, a policy paper with the intent to introduce the regulations will be posted on Transport Canada’s “Let’s Talk Transportation” website seeking input from stakeholders.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in 2024 with a 60-day comment period.

Departmental contact information

Elizabeth Werszko
Manager, Legislative, Regulatory and International Affairs,
Marine Safety and Security
Transport Canada
Email: elizabeth.werszko@tc.gc.ca

Genevieve Bastien
Manager, Clean Water Policy
Environmental Policy
Transport Canada
Email: genevieve.bastien@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Marine Safety and Security initiatives planned for April 2022 – April 2024

Initiative(s) planned for Canada Gazette, Part I

Marine Personnel Regulations, 2024

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulations will:

  • promote a safe, efficient and environmentally responsible marine transportation;
  • ensure consistency and best practices in the marine industry;
  • harmonize, to the greatest extent possible and desirable, with international requirements and standards to increase efficiency and service delivery; and
  • modernize the delivery of the marine medical program to increase efficiency and service delivery, which will involve the elimination of duplicate reviews of medical certificate applications, while enhancing the audit capabilities of the Department of those issuing medical certificates on behalf of the Minister.

This initiative also addresses Transportation Safety Board recommendations.

Potential impacts on Canadians, including businesses

The proposed regulations would primarily affect Canadian seafarers. A seafarer refers to a person who is employed or is to be employed in any capacity on board a vessel. Based on a report prepared for Transport Canada on the existing and future capacity of seafarers in Canada, it is estimated that there are around 28,000 seafarers across Canada. Additionally, governments operating vessels at the provincial and federal levels would be affected. Specifically, the proposed regulations are structured into four Parts and impact stakeholders as follows:

  • Part 1 would affect certain new certificate of competency applicants (i.e., seafarers who would apply for a new certificate after the proposed regulations come into force). While new nautical applications would face reduced or additional qualification requirements for certain, the proposal would primarily impact self-study (hawse pipe) engineering applicants. Further, proposed changes to some knowledge qualifications would impact some Transport Canada accredited recognized institutions as they would be required to amend or develop new training courses.
  • Part 2 would streamline the review and approval process for marine medical certificates, which would result in a time and cost savings for the Government of Canada and provide more reliable access to these documents while ensuring robust program integrity.
  • Part 3 would provide clarity on requirements to seafarers of minimum safe manning, which would affect both seafarers and the provincial governments.
  • Part 4 would align the proposed regulation to the international standards regarding labour hours, which would impact seafarers and the vessels on which they serve.
Regulatory cooperation efforts (domestic and international)

This regulatory initiative will bring Canada’s regulations in line with three international conventions to which Canada is a signatory:

  • the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW);
  • the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and
  • the Maritime Labour Convention, 2006.
Consultations

Stakeholders have been actively engaged in the development of the proposed Regulations. Since November 2008, Transport Canada has consulted extensively at the national and regional levels with a wide variety of stakeholders and recognized institutions on the issues, changes, challenges and the implications of the Standards of Training, Certification and Watchkeeping for Seafarers, the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel and the Maritime Labour Convention 2006 requirements.

Stakeholder consultations were scheduled to occur at the Canadian Marine Advisory Council meeting in spring 2020; however, the meeting was postponed due to priorities related to COVID-19. As a result, TC prepared additional “For Public Consultation” documents, which were released in November 2021 and were discussed in detail at the meeting of December 1, 2021. Stakeholders were invited to send their comments before February 1, 2022. Transport Canada are currently reviewing the comments received and making adjustments where possible and necessary.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2023 with a 60-day comment period.

Departmental contact information

Scott Weatherdon
Manager, Certification Standards
Seafarer Certification
Marine Safety and Security
Transport Canada
Email: scott.weatherdon@tc.gc.ca

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

Vessel Construction and Equipment Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative stems from Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulations will update and combine requirements concerning the construction of, and equipment for, new vessels 24 metres in length or longer currently outlined in several existing regulations and standards into one set of regulatory requirements. The proposed regulations will also help make sure that Canada’s requirements for new vessels reflect modern standards and industry best practices.

Potential impacts on Canadians, including businesses

Small impacts are anticipated on industry stakeholders involved in the building and operation of Canadian vessels 24 metres in length or longer, excluding fishing vessels and pleasure craft.

Additional costs will be small, since the proposed regulations include grandfathering provisions that will allow vessels to follow the requirements that were in place when they were built, with some exceptions.

Regulatory cooperation efforts (domestic and international)

The proposed regulations are intended to complement the regulations of other countries by adhering to modern international standards. The proposal will incorporate by reference existing international conventions, codes and resolutions, and classification society rules. This approach will allow Canada to quickly adapt and ratify any future changes to international conventions like the International Convention for the Safety of Life at Sea.

Consultations

Transport Canada has held regular consultations through the National Canadian Marine Advisory Council since the initiative launched in 2009.

In September 2018, the department held targeted consultations with members of the passenger and ferry sectors (BC Ferries, the Canadian Ferry Association, and the Passenger and Commercial Vessel Association) to discuss potential impacts the proposed regulation could have on industry.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2022 with a 60-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations Amending the Fishing Vessel Safety Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative stems from Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory changes are the second phase of changes to the Small Fishing Vessel Inspection Regulations (now renamed the Fishing Vessel Safety Regulations following Phase I). This phase of the regulations will update construction requirements for small fishing vessels (less than 24.4 metres in length, and no more than 150 Gross Tonnage) intended to be sold in Canada or operated in Canadian waters.

Potential impacts on Canadians, including businesses

The proposed changes may impact Canadian boat builders by implementing new/updated construction requirements for small fishing vessels. A decision was made to reference industry standards, where appropriate, to give boat builders additional options and flexibility. This may decrease impacts on international trade and imports.

Regulatory cooperation efforts (domestic and international)

The proposed changes reflect the government’s long-term approach to small vessel construction. They also reflect the government’s goal of making sure that Canada’s regulations work well with those of the United States and the European Union, by accepting practices and standards put in place by international bodies and recognized organizations such as the American Boat and Yacht Council, and the International Organization for Standardization.

Consultations

Consultations on Phase II have been ongoing since 2016. The department consulted at recent meetings of the Canadian Marine Advisory Council between 2018 and 2022, providing interested stakeholders with a full review of the draft proposal and the opportunity to submit additional comments. Transport Canada has also presented the proposed changes within the regions at various stakeholder events and has actively participated in regional working groups to discuss specific details.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2023 with a 75-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations amending the Vessel Pollution and Dangerous Chemicals Regulations (Division 1, 4, 5, 6, and 8 - Oil, Sewage, Garbage Air and Anti-Fouling Systems)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory changes will update, at a minimum, the garbage, water and air pollution requirements to bring them in line with current International Maritime Organization practices in accordance with the International Convention for the Prevention of Pollution from Ships 2017. As part of this initiative, a plan is also being developed to address the ongoing and longstanding issue of pleasure craft and designated sewage areas.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

It is expected that those changes will more fully bring Canada into compliance with international expectations under the International Convention for the Prevention of Pollution from Ships.

Consultations

Transport Canada recognizes the need to amend the regulation to keep pace with international and domestic standards for environmental protection. Over the past 2–3 years, Transport Canada has also received feedback from coastal community groups, provincial governments, environmental non-government organizations and Transport Canada inspectors requesting changes to certain divisions (e.g., sewage, garbage, greywater).

Transport Canada initiated consultation on the proposes changes in 2021 at the Canadian Marine Advisory Council (National) in Fall 2021 and will develop an on-line Let’s Talk Transportation website posting to collect feedback on the policy proposal and intent to amend.

It should be noted that these regulations crosscut with multiple groups within Transport Canada and other government departments. Transport Canada will establish a working group to ensure appropriate consultation with all relevant stakeholders.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2023 with a 60-day comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor,
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Small Vessel Construction and Equipment Regulations (formerly referred to as Regulations amending the Small Vessel Regulations (Phase II))

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

  • The proposed regulations will set out construction and equipment requirements for the majority of the Canadian inspected small vessel fleet, including: all types of commercial vessels that are less than 24 metres in length but more than 15 gross tonnage (excluding fishing vessels); and
  • vessels that are 15 gross tonnage or less but carrying more than 12 passengers.

The proposed regulations will consolidate requirements for these vessels which are currently found across several regulations and standards, except for those related to fire safety, as these have been established in Part 3 of the Vessel Fire Safety Regulations. In doing this, the proposed regulations will fill in the regulatory gap for vessels not subject to the Small Vessel Regulations or the upcoming proposed regulations.

Potential impacts on Canadians, including businesses

The proposed regulations are primarily consolidating existing requirements from various regulations as well as the introduction of reference industry standards, where appropriate, to give boat builders additional options and flexibility. As such, impacts on industry stakeholders involved in the building and operation of vessels subject to the proposed regulations, if any, are expected to be minor.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council, and use other methods, as needed.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in mid-2024 with a 60-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations amending the Vessel Clearance Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory changes will update the list of Documents Required for Clearance listed in the regulations.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council (National and Regional).

Transport Canada is currently reviewing the regulations and will establish a calendar for the changes once the review and analysis are completed.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations repealing the Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act, 2001

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act came into force in 2000. The Regulations will be repealed (cancelled) as part of the Marine Personnel Regulations, 2024.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The Canadian Coast Guard, to which this Regulations applies, was consulted.

Departmental contact information

Scott Weatherdon
Manager, Certification Standards
Seafarer Certification
Marine Safety and Security
Transport Canada
Email: Scott.Weatherdon@tc.gc.ca

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

Regulations amending the Competency of Operators of Pleasure Craft Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes will include and update a new accreditation framework for course providers and help recover costs by introducing accreditation and test materials access fees for course providers. The proposed changes will also introduce a 5-year validation period for course accreditation, give the Transport Canada the power to suspend or cancel course accreditation and a Pleasure Craft Operator Cards for non-compliance with the Regulations and modify the parameters where a Rental Boat Safety Checklist can be used in lieu of a Pleasure Craft Operator Card.

Impacts on Canadians, including businesses

The proposed fees will apply to the course providers (businesses) and will shift a large part of program costs to the third-party accredited course providers. The overall costs are relatively low. The fees proposed were developed in consideration of the economic context in which the course providers operate.

The proposed changes related to the Rental Boat Safety Checklist may pose impacts on Canadians wishing to rent certain watercraft without holding a valid Pleasure Craft Operator Cards and some rental agency businesses.

Regulatory cooperation efforts (domestic and international)

The Pleasure Craft Operator Card is important for Canadian boaters who boat in the US, mainly because many waterways have shared borders. The National Association of State Boating Law Administrators recognizes the Canadian Pleasure Craft Operator Card. Similarly, Canada’s regulations recognize competency requirements of any state or country as proof of competency in Canada for foreign visitors.

Consultations

Transport Canada consulted with Canadians at the National Canadian Marine Advisory Council meetings in 2018, 2019 and 2020. Course providers recognize the benefit they’ve been receiving from the Program and are generally supportive of the proposed fees. Additional consultations were held on the Let's Talk Transportation platform.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2023 with a 30-day comment period.

Departmental contact information

Honey Walsh
Manager, Transformation Initiatives and Office of Boating Safety
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Marine Pilotage Regulations

Enabling act

Pilotage Act (R.S.C., 1985, c. P-14) s. 52

Description

This regulatory initiative will introduce Administrative Monetary Penalties and Integrated Management Systems as well as harmonizing pilotage requirements nationally (where possible).

Potential impacts on Canadians, including businesses

Transport Canada expects that these regulations will help establish a nationally coherent pilotage service that is aligned with the Canadian marine safety system.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada is using the Canadian Marine Advisory Council meetings as the main forum for consulting with Pilotage Authorities, industry, system user and other stakeholders.

Consultations have been undertaken since 2018 under the umbrella of the Marine Pilotage Act Review.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2023 with a 30-day comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisory
Marine Safety & Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Vessel Traffic Services Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory initiative will consolidate and combine the Vessel Traffic Services Zones Regulations, the Northern Canada Vessel Traffic Services Zone Regulations, the Eastern Canada Vessel Traffic Services Zone Regulations and various Vessel Traffic Services in the Pacific Region into one regulation.

The purpose of this initiative is to improve the efficiency of reporting, transparency, and clarity for mariners, and also promote national regulatory consistency across Canadian waters, including making use of the advances in technology within the marine sector as they relate to the safe movement of vessel traffic.

The proposed changes will:

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council (National and Regional) as well as develop an online Let’s Talk Transportation forum to collect feedback on the policy proposal and intent to amend.

The proposed regulatory initiative is expected to be published in the Canada Gazette, Part I, in mid-2023 with a 30-day comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Regulations Amending the Domestic Ferry Security Regulations

Enabling act

Marine Transportation Security Act (S.C. 1994, c.40)

Description

The proposed regulatory changes will modernize the regulations to ensure they continue to be appropriate and effective and continue to achieve their intended policy objectives. Specifically, the purpose of this proposal is to ensure the Regulations function as a usable and accessible tool for industry and Transport Canada to enhance the security of the Canadian marine transportation system.

Potential impacts on Canadians, including businesses

The proposed changes are expected to impact domestic ferry operators that are already being regulated and may impact specific operators that are not currently regulated under the framework. By ensuring the regulations continue to meet their intended objectives, Transport Canada expects there will be several positive impacts to Canadians and marine stakeholders including the avoidance of impacts to service resulting from significant security disruptions, ensuring operators are better able to identify, respond to and prevent security threats, breaches, and incidents, and increasing Canadian and international confidence in the security of Canadian ferries and ferry facilities.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada will continue consulting via the Canadian Marine Advisory Council and with targeted stakeholders, such as the Ferry Association and provincial/municipal governments. Transport Canada consulted online through the Let’s Talk Transportation forum to collect feedback on the policy proposal.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late-2023 with a 30-day comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisory
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending the Marine Transportation Security Regulations

Enabling act

Marine Transportation Security Act (S.C. 1994, c.40)

Description

The proposed regulatory changes will modernize the existing Regulations to address key drivers that directly impact the regulations and Transport Canada:

  1. Preclearance Operationalization which enables the US Customs and Border Patrol to screen passengers ahead of a Canada-US border crossing (i.e. while passengers are still on Canadian soil).
  2. Ports Modernization Review which was launched by the Minister of Transport in 2018 to review Canadian Port Authorities, identify shared and emerging challenges, and develop solutions to improve port security.
  3. Identification of regulatory gaps which include issues that have been identified since 2014.

Specifically, the purpose of the proposed changes is to:

  • Harmonize the Regulations with the existing Preclearance Act and Regulations as well as the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States to operationalize preclearance activities in the marine mode.
  • Increase the security of Canadian Ports.
  • Reduce existing regulatory gaps, increase the usability/accessibility of the regulations, and ensure existing regulatory provisions are appropriate, effective, continue to achieve their intended policy objectives.
  • Increase alignment with the International Ship and Port Facility Security Code.
  • Increase the flexibility of Canada’s marine security framework and strengthen the Department’s ability to protect and preserve the efficiency of the marine transportation system, including at Canadian ports.
Potential impacts on Canadians, including businesses

Changes linked to preclearance operationalization will impact operators that intend to convert their facilities to support preclearance. While costs may be incurred by those operators to implement the necessary security requirements, these changes will support their efforts to convert to preclearance activities. As preclearance conversion is a business decision, ensuring interested operators have access to an established framework will promote a more seamless conversion process which will have positive economic and security benefits. Moreover, ensuring that security standards are maintained for marine operations where preclearance activities are occurring, will have a positive impact on Canadians and persons in preclearance areas.

Changes linked to enhanced port security will primarily impact Canadian Port Authorities as well as operators listed in the MTSR’s schedule. Mitigating the ongoing risks of organized criminal activity at Canada’s ports will reduce the risk of a significant security incident occurring, which could impact port operations and Canada’s supply chain. Moreover, by introducing these measures, those who access ports, including port employees on a day-to-day basis will be positively impacted.

Changes linked to new or modernized enforcement provisions will positively impact Canadian marine security and public safety by promoting compliance with the Regulations. However, this may include new or increased administrative monetary penalties for violators.

Changes linked to regulatory gaps may positively impact many marine stakeholders. These include benefits associated with increased transparency/usability of the regulations, as well as potential costs.

Regulatory cooperation efforts (domestic and international)

The proposed changes will bring the regulations in closer alignment with the International Ship and Port Facility Security Code.

Consultations

Transport Canada consulted with Canadians at the National Canadian Marine Advisory Council meetings in 2021. Additional consultations were held on the Let’s Talk Transportation platform between March 18, 2021, and April 30, 2021.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2023 with a 30-day comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisory
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending the Marine Safety Fees Regulations (Vessel registry fees) and Repealing the Vessel Registry Fees Tariff

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

Transport Canada’s Vessel Registry is Canada’s national ship registry. It contains information on all vessels registered in Canada, as well as foreign vessels that are being temporarily listed in Canada. Vessel registration fees need to be modernized and regulatory changes are also required to allow Transport Canada to balance the financial burden of the program's costs between vessel owners and the public.

Through this regulatory change, the Vessel Registry Fees Tariff would be repealed so that the current (new and updated) Vessel registry fees could be added to the Marine Safety Fees Regulations.

Potential impacts on Canadians, including businesses

The proposed changes will allow Transport Canada to redistribute the financial burden of the program's costs between the primary beneficiaries of the program (i.e., vessel owners) and Canadian taxpayers.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The Vessel Registry Fee Proposal was posted on Lets Talk Transportation webpage on August 13, 2021 and comments were accepted until January 14, 2022. Consultations also took place during the Fall 2021 National Canadian Marine Advisory Council.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2023 with a 30-day comment period.

Departmental contact information

Krista Kendall
Chief Registrar
Marine Safety and Security, Transport Canada
Email: Krista.kendall@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending the Vessel Operation Restriction Regulations (2021 Submission) and the Contraventions Regulations New

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes will add a total of 13 restrictions requested by four local authorities for their respective bodies of water. In addition to the requested restrictions from local authorities, Transport Canada will be proposing four policy amendments to the Regulations, which are as follows:

  • Modification to subsection 2(4) of the Regulations to align all restrictions by removing the criteria of applicability to public parks and controlled access bodies of water, making the restriction open to all types of bodies of water;
  • Incorporate the technical guidance on signage through a transport publication which will provide greater accessibility to stakeholders;
  • Introduce a new type of restriction targeting wake surfing which would allow a local authority to apply for a prohibition to operate a power-driven vessel or a vessel driven by electrical propulsion for the purpose of allowing a person to wake surf, except during permitted periods; and
  • Introduce an exemption to specific restrictions under the Regulation for indigenous persons undertaking an activity in the exercise of their rights to ensure there is no breach to indigenous rights.
Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Public consultations with stakeholders, including indigenous groups, will take place in early 2023. In addition, over the course of the development of the regulatory project, Transport Canada will continue to consult via the Canadian Marine Advisory Council’s biannual meetings.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2023 for a 30-day comment period.

Departmental contact information

Heidi Craswell
Manager
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2022

Initiative(s) planned for Canada Gazette, Part II

Marine Safety Management System Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada's Transportation Sector Regulatory Review Roadmap.

The proposed regulations would repeal and replace the existing Safety Management Regulations, broadening the application of safety management systems to the Canadian domestic fleet. This would also address the Transportation Safety Board’s recommendations to require all commercial vessels to have a Safety Management System.

The proposed regulations would divide the Canadian fleet into five classes, each with varying levels of safety management systems and oversight requirements. The class in which a vessel is placed would be determined by its size, type, and operation. The Canadian fleet would be divided into five classes:

Class 1: The current Safety Management Regulationsapply to all International Convention for the Safety of Life at Sea vessels, and the companies that operate them. There are no changes for class 1.

Class 2: Canadian vessels 500 gross tonnage or more and the companies that operate them, gross tonnage being a measure of the vessel's overall size, and any vessels that carry 50 passengers or more.

Class 3: Canadian vessels longer than 24 metres, except for vessels in classes 1 or 2.

Class 4:

  • A: Canadian vessels greater than 15 gross tonnes, except vessels that are in classes 1 to 3, or
  • B: Canadian passenger vessels and towboats of not more than 15 gross tonnes, except vessels that are in classes 1 to 3.

Class 5: Canadian vessels 24 metres or less, less than 15 gross tonnes, and are not in class 4 B.

Potential impacts on Canadians, including businesses

The proposed regulations will apply to Canadian vessels and the companies that operate them and Foreign-owned, International Convention for the Safety of Life at Sea vessels in Canadian waters.

The proposed regulations will not apply to:

  • fishing vessels not more than 24.4 metres and 150 gross tonnes or lighter
  • vessels that do not have mechanical means of propulsion (e.g., barges), except those that carry:
    • passengers
    • crew
    • dangerous chemicals in bulk
    • oil in bulk
  • human-powered vessels (like a canoe)
  • vessels that are inflatable and carry persons on trips in Canadian waters for a fee and are required to follow the Special Purpose Vessel Regulations(i.e. White-water rafts)
  • pleasure craft.

To balance necessary safety requirements with cost impacts for small vessel owners, while ensuring adequate safety measures are maintained for large vessels, the proposed regulations would expand the Safety Management System requirements to additional vessels under a classed system.  Ship managers/Authorized Representatives of vessels in Classes 1 to 3 would need to adhere to specific requirements of the International Safety Management Code, while those in Classes 4 and 5 would need to follow Canadian requirements based on the Code. Functional requirements, fundamental for any formal security management system, would be implemented on board all vessels to which the proposed regulations apply.

Regulatory cooperation efforts (domestic and international)

The proposed regulations will extend the requirements of the International Safety Management Code, to non-Convention vessels operating in Canada, addressing inconsistencies between Canadian vessels that are subject to the Convention for the Safety of Life at Sea and vessels that are not.

Consultations

Consultations began with industry in 2010. An online consultation was held on the Let’s Talk Transportation website from late July to early October 2020 and the department also discussed this regulatory proposal with industry groups in 2020. Transport Canada has held consultations through the Canadian Marine Advisory Council on the current regulatory proposal between 2019 and 2022.

Transport Canada pre-published the proposed regulations in the Canada Gazette, Part I, on June 25, 2022 with a 75-day public comment period.

Transport Canada plans to publish the proposed regulations in the Canada Gazette, Part II, in mid-2023.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations Amending the Vessel Fire Safety Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes aim to address gaps and clarify certain provisions found in the regulations as well as implement international standards for firefighter outfits and breathing apparatus.

These proposed regulatory changes would incorporate by reference the International Convention for the Safety of Life at Sea’s Chapter II-2, Regulation 1.2, in subsection 102(1) of the Regulations to add clarity on applicable requirements for Canadian vessels, and introduce requirements that meet international standards. The changes would require compliance with either the EU Directive 2014/90/EU or the National Fire Protection Association 1971 requirements for firefighter outfits; and, either the EU Directive 2014/90/EU, the National Fire Protection Association 1981, or the National Institute for Occupational Safety and Health requirements for self-contained breathing apparatus. These documents would be incorporated by reference into the proposed changes.

Potential impacts on Canadians, including businesses

These changes could result in cost savings for some vessel owners as they could avoid misinterpretations leading to undertaking unnecessary vessel retrofits. Transport Canada expects that the vessel owners’ equipment already meets the requirement of the proposed changes, but there could be some costs incurred to replace nonconforming equipment.

Regulatory cooperation efforts (domestic and international)

These proposed changes will incorporate by reference the International Convention for the Safety of Life at Sea, Chapter II-2, Regulation 1.2, aiming to meet international standards.

Consultations

Transport Canada consulted with stakeholders at recent National Canadian Marine Advisory Council meetings between 2019 and 2021.

The proposed changes were published in the Canada Gazette, Part I, on February 12, 2022, with a 60-day comment period.

The proposed changes are expected to be published in the Canada Gazette, Part II, in late 2022.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Administrative Monetary Penalties (Canada Marine Act) Regulations

Enabling act

Canada Marine Act (S.C. 1998, c. 10) 

Description

The proposed regulations would create a flexible administrative monetary penalty regime for violations under the Canada Marine Act, the Natural and Man-made Harbour Navigation and Use Regulations, the Port Authorities Operations Regulations, the Public Port and Public Facilities Regulations, and the Seaway Property Regulations.

Potential impacts on Canadians, including businesses 

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The proposed regulations were published in the Canada Gazette, Part I, on February 19, 2022 with a 30-day comment period.

The proposed changes are expected to be published in the Canada Gazette, Part II, in early 2023.

Departmental contact information

Regan Braund
A/Manager / Senior Policy Advisor
Transport Canada
Email: regan.braund@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Regulations Repealing the Great Lakes Pilotage Tariff Regulations (Miscellaneous Program)

Enabling act

Budget Implementation Act, 2019, No.1, chapter 29 of the Statutes of Canada, 2019 (the Act), section 265(2)

Description

Consistent with the new section 33 of the amended Pilotage Act, each Pilotage Authority has established pilotage charges by resolution. The Governor in Council therefore repeals the Pilotage Tariff Regulations as per section 265(2) of the Act.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultation took place during the Pilotage Act review.

The proposed repealing (cancelling) regulations is expected to be published in the Canada Gazette, Part II, in late-2022.

Departmental contact information

Sean Rogers
Executive Director, Legislation, Regulatory and International Affairs
Marine Safety & Security
Email: julie.bedard@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: December 2020

Regulations Amending Certain Department of Transport Regulations (Miscellaneous Programs) New

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)

Description

The proposed regulatory changes would make corrective and administrative amendments to five regulations made under the Canada Shipping Act, 2001 and the Arctic Waters Pollution Prevention Act to correct discrepancies between the French and English text of the Regulations, to improve clarity, to correct minor errors or to update references.

The amendments to the Special-purpose Vessel Regulations, the Arctic Shipping Safety and Pollution Prevention Regulations, the Load Line Regulations, the Navigation Safety Regulations, 2020 and the Collision Regulations are being made to make the necessary corrections.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The proposed changes are exempted from publication (do not need to be published) in the Canada Gazette, Part I.

The proposed changes are expected to be published in the Canada Gazette, Part II, in late 2022.

Departmental contact information

Anne Leduc
Manager, Regulatory Development and Program Integration
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2022

Initiative(s) planned for Canada Gazette, Part I

Administrative Monetary Penalty Regulations (Canadian Navigable Waters Act)

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would improve the Navigation Protection Program’s enforcement system by introducing fines and would create a system to manage fines for the Canadian Navigable Waters Act. It would:

  • identify which instance of breaking the rules will result in a fine create penalties for each instance of breaking the rules
  • set criteria that the department will consider when deciding on the amount of the penalty (if a range of penalties are set)
  • classify each violation as a minor violation, a serious violation, or a very serious violation and
  • explain the circumstances and criteria by which the amount of a penalty may be increased or reduced.
Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters. Stakeholders that may be impacted include:

  • Industries like
    • aquaculture
    • forestry
    • hydroelectric
    • railways
    • mining and
    • oil and gas
  • small business such as marina owners
  • Indigenous communities and individuals and
  • provinces, territories, and municipalities
Regulatory cooperation (domestic and international)

The proposed regulations are not expected to have significant impacts on international trade.

Departmental officials will gather and consider information on comparable domestic enforcement systems when they develop the requirements for the proposed regulations, such as appropriate ranges of penalties.

Consultations

The online publication of a discussion paper on the regulatory proposal is expected for late 2023. 

The proposed regulations are expected to be published in the Canada Gazette, Part I, in early 2024 with a 60-day comment period.

Departmental contact information

Donna McLean
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca

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

Canadian Navigable Waters Act Fees Regulation

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations will allow the Minister to recover costs for services provided by the Navigation Protection Program.

The proposed regulations would introduce fees for two services provided by the Navigation Protection Program:

  • reviewing applications for works that may interfere with navigation in navigable waters
  • reviewing and processing applications for exemptions from prohibited activities like dewatering a navigable water.
Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters seeking approval under the Canadian Navigable Waters Act and proponents seeking an exemption of a navigable water from prohibited activities.

Examples of users of Navigation Protection Program services that may be impacted are:

  • Industries like
    • aquaculture
    • forestry
    • hydroelectric
    • railways
    • mining
    • oil and gas industries,
  • small business such as marina owners
  • Indigenous communities and individuals
  • provinces, territories, and municipalities

The proposed regulations are not expected to have significant impacts on international trade.

Regulatory cooperation (domestic and international)

Transport Canada is developing the regulations in cooperation with other federal departments, led by the Impact Assessment Agency of Canada to ensure a coordinated approach for user fees related to environmental reviews and regulatory approvals.

Consultations

Transport Canada launched a consultation on the fee proposal with stakeholders, Indigenous peoples, and the public on November 25, 2020. The period for comment ended February 12, 2021.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Donna McLean
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca

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

Initiative(s) planned for the Canada Gazette, Part II

Regulations Repealing the Ferry Cable Regulations

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would repeal (cancel) the Ferry Cable Regulations.

The Canadian Navigable Waters Act came into effect on August 28, 2019. Because of this, the Minister of Transport has the authority to make a Major Works Order. The Major Works Order also came into effect on August 28, 2019 and designates the types of works considered to be substantial interferences to navigation. Transport Canada has listed ferry cables in the Major Works Order.

Owners of works listed in the Major Works Order must apply for approval when they want to construct, place, alter, rebuild, remove or decommission a work built on a navigable water.

Since Transport Canada has the authority to attach terms and conditions to approvals, repealing the Ferry Cable Regulations may result in greater flexibility for industry to make use of new technologies and approaches for managing any interference to navigation. Existing requirements within the regulation that relate to directing vessel traffic would be moved from the Ferry Cable Regulations to the Navigation Safety Regulations, 2020 pursuant to the Canadian Navigable Waters Act.

Potential impacts on Canadians, including businesses

The regulations apply to owners of ferry cables, including provinces and territories, municipalities, and individual businesses. Repealing the regulations may benefit ferry cable owners by reducing administrative burden and increasing flexibility in how navigation can be protected.

There are no expected impacts on international trade or investment.

Regulatory cooperation (domestic and international)

No impact is expected.

Consultations

The proposed to repeal (cancelling) the regulations are expected to be published in the Canada Gazette, Part II, in late-2023.

Departmental contact information

Donna McLean
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca

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

Oceans Protection Plan initiatives planned for April 2022 – April 2024

Initiative(s) planned for Canada Gazette, Part I

Regulations amending the Environmental Response Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

There are two phases to these regulations. Phase I is completed and Transport Canada published it in the Canada Gazette, Part II, on July 10, 2019. It replaced Part II of the existing Response Organizations and Oil Handling Facilities Regulations (now, Response Organizations Regulations) and repealed the Environmental Response Arrangements Regulations.

Phase II or the proposed regulations would repeal Response Organizations Regulations and would amend the Environmental Response Regulations to include provisions specifically for response organizations, as well as revise various provisions for oil handling facilities.

Potential impacts on Canadians, including businesses

The proposed changes will ultimately bundle together two older regulations into one regulation addressing Oil Handling Facilities and Response Organizations through the new Environmental Response Regulations.

Transport Canada expects that it will have positive effects on these primary stakeholders, as well as Canadians in coastal, communities, Indigenous groups, certified ports and marine industry.

It will also improve oil spill response mechanisms to reduce pollution, remain on par with international standards, and maintain vibrant domestic and international shipping within Canadian waters.

Regulatory cooperation efforts (domestic and international)

In 2013, the Standing Senate Committee on Energy, the Environment and Natural Resources released a report concerning the transportation of bulk hydrocarbons.

The Committee reviewed domestic and international regulations to compare the transport of hydrocarbons by transmission pipelines, marine tanker vessels, and railcars. Following the Committee’s report, Transport Canada made recommendations to improve 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 protecting 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. This better positions the Government of Canada to work closely with Indigenous and local communities to assess risks and respond quickly to marine emergencies and pollution incidents.

Consultations

Transport Canada held initial regional stakeholder discussions through the Oceans Protection Plan initiative in 2018. Transport Canada has also been holding stakeholder meetings in Ottawa based on a proposed Discussion Paper for Phase II. The national spring Canadian Marine Advisory Council in 2019 updated stakeholders on the progress of Phase I and introduced Phase II of the Environmental Response Regulations.

Transport Canada expects to hold a three to six-month consultation period starting in mid-2022.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2023 with a 30-day comment period.

Departmental contact information

Julie Mah
Manager Oceans Protection Plan
Transport Canada
Email: Julie.Mah@tc.gc.ca

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

Regulations amending the Small Vessel Regulations (Pleasure Craft Licensing)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes are intended to improve the ability to identify the owners of pleasure craft in Canada. The proposed changes will help with search and rescue operations, and compliance and enforcement of the Regulations. It will also support the enforcement of the Wrecked, Abandoned and Hazardous Vessels Act under the Oceans Protection Plan. The Wrecked, Abandoned and Hazardous Vessels Act seeks to hold vessel owners accountable for abandoning vessels in the water, which causes environmental and safety hazards.

The proposed changes would:

  • Eliminate lifetime pleasure craft licences by bringing them into a five-year validity period.
  • Change the validity period of ten-year pleasure craft licences to a five-year validity period.
  • Increase the scope to cover pleasure craft above 6 metres, including motorized and wind-powered vessels and excluding human-powered vessels (e.g., kayaks and dragon boats), to align with requirements set out in the Canada Shipping Act, 2001 and other marine safety programs, and closely align with requirements set out in the Wrecked, Abandoned and Hazardous Vessels Act.
  • Reduce the timeline for owners to notify of a name or address change from 90 days to 30 days.
  • Eliminate the 90-day window for new pleasure craft owners to operate their pleasure craft without a licence.
  • Include the ability for the Minister to cancel a pleasure craft licence for reasons of non-compliance with licensing requirements or upon request from an owner to cancel their pleasure craft licence.
  • Introduce a new user service fee.

In addition, another proposed change was added which would formalize the requirement for Manufacturer Identification Code holders to notify the Minister of Transport of any change to their name or contact information within 30 days of the change.

Potential impacts on Canadians, including businesses

These changes will impact Canadian recreational boaters. The additional change will impact manufacturers, builders, rebuilders, and importers of vessels subject to the Small Vessel Regulations (including pleasure craft), who have obtained a Manufacturer Identification Code from Transport Canada.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada held consultations with stakeholders at bi-annual Canadian Marine Advisory Council and National Recreational Boating Advisory Council meetings between 2017 and 2020. An online consultation took place from November 2020 to January 2021 on Transport Canada’s Let’s Talk Transportation website to give stakeholders an opportunity to provide feedback on the proposed changes. A “What We Heard” report on the consultation was developed based on the comments received from stakeholders. The findings in this report will be considered as work on this regulatory project continues.

Since the online consultation, one additional change has been added to the project. This additional proposed change is needed to help ensure that Transport Canada’s finite number of Manufacturer Identification Codes are assigned to active businesses, ensuring that vessels manufactured and/or imported for sale in Canada by these Manufacturer Identification Code holders are in compliance with safety requirements outlined in the Regulations. A targeted consultation has taken place with stakeholders impacted by the proposed amendment in summer 2021. No concerns were raised.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

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

Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed changes will update the ranges of administrative monetary penalties under the Canada Shipping Act, 2001 and some regulations to reflect the new $250,000 maximum penalty amount and enable the use of AMPs for the Arctic Shipping Safety and Pollution Prevention Regulations and Vessel Fire Safety Regulations.

The Regulations were brought into force in 2008 as an additional enforcement tool under the CSA 2001 to promote compliance with marine safety and environmental protection requirements. Administrative monetary penalties are financial penalties aimed at promoting compliance that may be issued without court proceedings and are not intended to punish the violator. In 2018, the CSA 2001 was amended to raise the maximum penalty that may be applied from $25,000 to $250,000 per infraction to provide a more effective deterrent against non-compliance.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultation with stakeholders were held at the national spring Canadian Marine Advisory Council in 2021 to present the proposed framework for applying AMPs up to $250,000. An online discussion paper was published on the Transport Canada Let's Talk website in Spring 2022. Consultations on the proposed regulatory amendments at Canadian Marine Advisory Council and through other mechanisms, as appropriate.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2023 with a 30-day comment period.

Departmental contact information

Julie Mah
Manager, Oceans Protection Plan
Transport Canada
Email: julie.mah@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

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