CANADA SHIPPING ACT, 2001

The Canada Shipping Act, 2001 is an updated and greatly streamlined version of the existing Canada Shipping Act, an old piece of legislation dating back more than 100 years. It is the principle legislation governing the activities of Canadian ships in all waters, and of foreign ships in Canadian waters.

The new act is the result of extensive consultations with a wide range of marine stakeholders. It will help the marine community (commercial vessels and pleasure craft) to operate in a manner that is safer, more efficient, environmentally sound, and responsive to the needs of Canadians in a global economy.

In order to give full effect to the Canada Shipping Act, 2001, more than 100 regulations must be reviewed and restructured. Canada-wide public consultations for this review and restructuring are currently underway and are being led by Transport Canada.

Regulations are being reviewed and developed in two phases:

1. The first phase will include the amendment of those regulations that are inconsistent with the provisions of the new act, as well as those that are deemed to have a substantial impact on safety and the environment.
2. The second phase will consist of a modernization of those regulations that are currently consistent with the new act, as well as those that are not critical to the act’s entry into force.

The Canada Shipping Act, 2001 will come into force at the end of phase one which is expected to occur in late 2006. Transport Canada will continue to maintain the highest possible standards of marine safety as it undertakes this regulatory reform process.

Changes included in the Canada Shipping Act, 2001

The reform of the Canada Shipping Act was initiated in 1997 and evolved on two tracks. The first track resulted in Bill C-15 which received Royal Assent in June 2001 and revised provisions dealing with ship ownership, registration, and mortgages. It also added a preamble to clarify the act’s objectives and interpretation. The second track resulted in Bill C-14 which received Royal Assent on November 1, 2001 as the Canada Shipping Act, 2001. When this new act enters into force in late 2006, it will result in improved provisions to better protect and support crews, enhance passenger and vessel safety, and better protect the marine environment.

The act itself has been simplified as follows:

• Definitions have been included only when the ordinary dictionary meaning has been narrowed or expanded.
• Technical details have been removed and will be placed in regulations, standards or other documents, to simplify the legislative framework. As well, all liability provisions have been consolidated and moved to the Marine Liability Act.

The act authorizes the Government of Canada to develop supporting regulations that will clarify and enhance existing requirements for vessel safety, environmental protection, and personnel certification and training. For example:

Commercial Vessels:

• Safety requirements will be developed for small commercial vessels, based upon the type of service, size of vessel and operation being conducted.
• An automated small vessel registry will be created to improve administrative efficiencies and provide a simplified, low-cost form of registration. This registry will be tailored to the needs of small commercial vessels.
• In addition to summary convictions, new administrative enforcement tools commonly found in other pieces of legislation, such as administrative monetary penalties and assurances of compliance, are being introduced. They will provide the Government of Canada with an appropriate and efficient means of dealing with all ranges of infractions, from minor to serious. This will ensure that the courts are used only for the most serious offences or where other means of securing compliance have been ineffective.
• Summary and indictable penalties have been modernized to ensure that they are effective deterrents.
• The Canada Shipping Act, 2001 refers to the Transportation Appeal Tribunal of Canada, a quasi-judicial organization that will hold review and appeal hearings at the request of parties who have received an administrative monetary penalty relating to certain licensing and enforcement actions taken by the Minister of Transport. The tribunal will provide recourse rights to the marine, air and rail sectors.
• A new authority has been established to enable the development of regulations to protect wrecks of heritage value in Canadian waters.
• Marine carriers will have the right to impose liens for amounts due under the contract of carriage, as set out in the delivery of goods provisions.

Pleasure Craft:

• The modernized requirements for pleasure craft will be contained in one document (The Pleasure Craft Regulations), with references to safety procedures, and equipment and construction standards that will be harmonized with those of other small vessels where possible.

Transport Canada invites the input of all interested parties across the country in this very important initiative. For more information on the Canada Shipping Act, 2001 and the consultation schedule, please call toll free 1-866-879-9902, 613-998-7764 in the National Capital Region, or visit http://www.tc.gc.ca/marinesafety/rsqa/CSA2001RegRefSite/menu.htm.

FREQUENTLY ASKED QUESTIONS

Canada Shipping Act, 2001

What is the Canada Shipping Act?

The Canada Shipping Act is the principal legislation governing the activities of Canadian ships in any waters and foreign ships in Canadian waters. Transport Canada is responsible for the act and its associated regulations.

What is the Canada Shipping Act, 2001?

The Canada Shipping Act, 2001 is an updated and greatly streamlined version of the existing Canada Shipping Act, an old piece of legislation dating back more than 100 years.

The Canada Shipping Act, 2001 is the result of extensive consultations with a wide range of marine stakeholders. It will help the marine community (commercial vessels and pleasure craft) to operate in a manner that is safer, more efficient, environmentally sound, and responsive to the needs of Canadians in a global economy.

How does the Canada Shipping Act, 2001 differ from the existing Canada Shipping Act?

The Canada Shipping Act, 2001 does not change the substance of the existing Canada Shipping Act. It is a reorganized, updated and streamlined version of the Canada Shipping Act which makes it clearer and easier to understand. The new act will help the marine community to operate in a manner that is safer, more efficient, environmentally sound, and responsive to the needs of Canadians.

When will the Canada Shipping Act, 2001 come into effect?

In order to give full effect to the Canada Shipping Act, 2001, more than 100 regulations must be reviewed and restructured. Canada-wide public consultations for this review and restructuring are currently underway and are being led by Transport Canada.

Regulations are being reviewed and developed in two phases:

1. The first phase will include the amendment of those regulations that are inconsistent with the provisions of the new act, as well as those that are deemed to have a substantial impact on safety and the environment.
2. The second phase will consist of a modernization of those regulations that are currently consistent with the new act, as well as those that are not critical to the act’s entry into force.

The Canada Shipping Act, 2001 will come into force at the end of phase one which is expected to occur in late 2006. Transport Canada will continue to maintain the highest possible standards of marine safety as it undertakes this regulatory reform process.

In what order are the regulations being reviewed/developed?

The regulations are being developed in two phases:

1. The first phase will include the amendment of those regulations that are inconsistent with the provisions of the new act, as well as those that are deemed to have a substantial impact on safety and the environment.
2. The second phase will consist of a modernization of those regulations that are currently consistent with the new act, as well as those that are not critical to the act’s entry into force.

For information on the process and consultation schedule, please call toll free 1-866-879-9902, 613-998-7764 in the National Capital Region, or visit http://www.tc.gc.ca/marinesafety/rsqa/CSA2001RegRefSite/menu.htm.

Can I get specific information on the new requirements and changes that will be incorporated into the Canada Shipping Act, 2001 regulations?

It is premature to determine what specific provisions will be incorporated in the Canada Shipping Act, 2001 regulations. This will depend, largely, on the input we receive from the Canadian public and stakeholders during consultations.

For general information on the Canada Shipping Act, 2001 reform, or for information on when consultations sessions are scheduled to take place in your area, call toll free 1-866-879-9902, 613-998-7764 in the National Capital Region, or visit 
http://www.tc.gc.ca/marinesafety/rsqa/CSA2001RegRefSite/menu.htm.

May 2005