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 Act applies to a marine transportation industry that is as diverse as the country it serves, from pleasure craft, to fishing vessels, tugs and barges, to lakers and cruise ships.

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

The CSA, 2001 does not come into force until the regulations needed in support of it have been developed.

In order to give full effect to the Canada Shipping Act, 2001, more than 100 regulations are being reviewed and restructured. This Regulatory Review is being conducted in two phases:

1. The first phase will include the reform 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 early 2007. Phase two will commence shortly thereafter.

Throughout the reform process, Transport Canada will continue to maintain the highest possible standards in the important area of marine safety.

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 early 2007, 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 placed in regulations, standards or other documents, to simplify the legislative framework;
• The language is clearer and much easier to understand;
• As well, all liability provisions have been consolidated and moved to the Marine Liability Act.

The Act authorizes the development of supporting regulations that will clarify and enhance existing requirements for vessel safety, environmental protection, and personnel certification and training. Following are some key regulations that will be implemented as part of Phase 1 Regulatory Reform:

Administrative Monetary Penalties Regulations
The purpose of the Administrative Monetary Penalties Regulations is to provide an alternative to judicial penalties in seeking to ensure effective enforcement and compliance. This is an entirely new set of regulations being introduced for the Marine Sector although it has been used in the Aviation Sector for some time now. These regulations have come about at the request of marine stakeholders.

Marine Personnel Regulations
The purpose of the Marine Personnel Regulations is to ensure that ship owners employ sufficient crew for the safe operation of vessels, and to also ensure that crews are trained and certified to perform relevant duties and are able to manage and operate vessels.

Environmental Response Regulations
The Environmental Response Regulations deal with matters related to the prevention of and response to marine spills from vessels and oil handling facilities. Response organizations will require a certificate in order to offer arrangements to vessels and oil handling facilities that are required to have an arrangement for spill response. These oil handling facilities and vessels will be required to have in place prevention and response plans and make arrangements with response organizations.

Prevention of Pollution From Ships and for Dangerous Chemicals Regulations
The new Regulations for the Prevention of Pollution From Ships and for Dangerous Chemicals will promote the elimination of deliberate, negligent, or accidental discharge of ship-source pollutants into the marine environment. They will also promote the safe operation of chemical tankers.

Small Vessel Regulations
The Small Vessel Regulations will address the safety needs for pleasure craft of all sizes as well as all other small non-pleasure craft up to 12 metres (or 15 gross tonnage) that are not fishing vessels. These regulations may not come into force until after the new Act has been implemented.

Fishing Vessel Safety Regulations
The new Fishing Vessel Safety Regulations will clearly outline regulatory provisions and related standards that will provide an enhanced level of safety. The project is addressing the requirements to have fishing vessels built and outfitted for safety, equipped for emergencies, manned by competent crews and built on previous work and experience. Although these are a phase one regulation, they will not come into force until after the new Act has been implemented. More time is being taken by the project officers to ensure that the recommendations and suggestions of the fishing community are given full and careful consideration.

For more information on the Canada Shipping Act, 2001 reform, please call toll free 1 866 879-9902, 613 998-7764 in the National Capital Region, or visit the Canadian Marine Advisory Council online.

May 2005

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 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 safer, more efficient, environmentally sound manner, and one that responds to the needs of Canadians

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

The Canada Shipping Act, 2001 does not change the existing Canada Shipping Act. Rather, it is a reorganized, updated and streamlined version of the Canada Shipping Act making it clearer and easier for stakeholders to understand. This, in turn, will help the marine community to operate in a safer, more efficient, environmentally sound manner, and one that responds to the needs of Canadians.

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

More than 100 regulations must be reviewed and restructured before the Canada Shipping Act, 2001 can come into full effect. 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 early 2007. Throughout the process, Transport Canada will continue to maintain the highest possible standards in the area of marine safety.

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

After extensive consultations, a large number of phase one regulations are expected to appear in the Canada Gazette Part I over the course of the Summer of 2006. The gazetting process will continue thereafter until the Canada Shipping Act, 2001 and its phase one regulations enter into force and this is expected to occur in early 2007.

For general information on the Canada Shipping Act, 2001 reform, or for information on specific regulations, call toll free 1 866 879-9902, 613 998-7764 in the National Capital Region, or visit the Canadian Marine Advisory Council online.