TRANSFER OF CANADIAN COAST GUARD 
RESPONSIBILITIES FROM THE DEPARTMENT OF 
FISHERIES AND OCEANS TO TRANSPORT CANADA

On December 12, 2003, the Government of Canada transferred from the Department of Fisheries and Oceans (DFO) to Transport Canada all Canadian Coast Guard (CCG) policy responsibilities and certain operational responsibilities relating to pleasure craft safety, marine navigation services, pollution prevention and response, and navigable waters protection. The responsibilities were transferred to provide Canadians with a single point of contact for policy issues associated with marine safety and security.

The policy responsibilities transferred include the development and management of legislation, regulations, standards and guidelines.

Certain associated operational/program responsibilities were also transferred. They include boating safety education and awareness programs.

POLICY RESPONSIBILITIES

Canada Shipping Act

The Minister of Fisheries and Oceans has retained responsibility for certain sections of the Canada Shipping Act, such as the designation of Search and Rescue Coordinators (section 385), issues related to pollution response (section 678) and the Sable Island Regulations. Transport Canada has assumed responsibility for all other Canada Shipping Act regulations previously managed by the Canadian Coast Guard. They include:

Pleasure Craft Safety:

• Small Vessel Regulations
• Boating Restriction Regulations
• Competency of Operators of Pleasure Craft Regulations
• Pleasure Craft Sewage Pollution Prevention Regulations

Marine Navigation Services:

• Vessel Traffic Services Zones Regulations
• Eastern Canada Vessel Traffic Services Zone Regulations
• Private Buoy Regulations
• Aids to Navigation Protection Regulations

Pollution Prevention and Response:

• Response Organizations and Oil Handling Facilities Regulations

In addition, Transport Canada has assumed responsibility for the review of all existing Canada Shipping Act regulations, and for all consultation and regulatory initiatives associated with the Canada Shipping Act, 2001, legislation previously managed by both Transport Canada and the Canadian Coast Guard.

Navigable Waters Protection Act

Transport Canada has assumed responsibility for the Navigable Waters Protection Act and its regulations, namely the:

• Navigable Waters Works Regulations
• Navigable Waters Bridges Regulations
• Regulation of Ferry Cables

OPERATIONAL/PROGRAM RESPONSIBILITIES

Transport Canada and the Department of Fisheries and Oceans continue to have distinct but interrelated responsibilities for the management of marine safety and environmental protection. While Transport Canada has assumed policy and administration responsibilities associated with the regulations described above, the Department of Fisheries and Oceans is retaining responsibility for the Canadian Coast Guard non-regulatory programs and services.

Pleasure Craft Safety

The Office of Boating Safety, which administers a regulatory program for pleasure craft, has been transferred to Transport Canada, along with all of its related programs and functions, including vessel licensing, operator competency, educational and awareness programs, and working with enforcement agencies to monitor compliance.

Transport Canada, through the Office of Boating Safety, continues to work in partnership with the Canadian Coast Guard Auxiliary to deliver boating safety education and awareness programs.

Marine Navigation Services

Transport Canada has assumed responsibility for the development, implementation and enforcement of all regulations respecting aids to navigation, marine traffic zones and vessel routing.

The Canadian Coast Guard, under the Department of Fisheries and Ocean's direction, continues to implement, manage and deliver marine navigation services including the Aids to Navigation system (i.e., buoys, shore-based structures, Notices to Mariners, Notices to Shipping, etc.) and Marine Communications and Traffic Services (including the Automated Identification System and Long Range Vessel Tracking System). The Coast Guard also retains responsibility for the Marine Services Fee Program that recovers a portion of the cost of marine navigation and icebreaking services.

Pollution Prevention and Response

Transport Canada has assumed responsibility for safety oversight, pollution prevention, monitoring of compliance with regulations, and enforcement action. Therefore, Transport Canada:

• manages the National Aerial Surveillance Program (which focuses on pollution surveillance);
• approves ship source pollution prevention and response plans on board large commercial vessels, and oil handling facility response plans;
• certifies Response Organizations and monitoring their activities and exercises; and
• administers the Bulk Oil Cargo fee.

The Canadian Coast Guard, under the Department of Fisheries and Ocean's direction, continues to manage the aerial surveillance program pertaining to fisheries and security, monitor Canadian waters for incidents of pollution (through existing monitoring programs such as those involving helicopters and ships) and to act as a first response organization.

Navigable Waters Protection

Transport Canada has assumed responsibility for the administration and enforcement of the Navigable Waters Protection Act, including issuing permits, removing obstructions to navigation, acting as Receiver of Wreck, and conducting all related environmental assessments under the Canadian Environmental Assessment Act.

ADVISORY/CONSULTATIVE BODIES

A number of forums exist in Canada for marine stakeholders to consult and share information on matters related to safety, navigation and marine pollution. Members of these advisory and consultative bodies include commercial shippers, fish harvesters, recreational boaters, unions, federal departments and other levels of government.

Lead responsibilities associated with these forums have been adjusted to reflect the transferred responsibilities.

While the Department of Fisheries and Oceans will remain responsible for the Marine Advisory Boards across the country, Transport Canada has assumed:

• the lead responsibility for the national and regional Canadian Marine Advisory Councils, with the exception of the Northern Canadian Marine Advisory Council, which continues to be co-chaired with the Department of Fisheries and Oceans;
• full responsibility for local, regional and national Recreational Boating Advisory Councils; and
• responsibility for all Regional Advisory Councils.

February 2005