Canada Gazette

The new Vessel Clearance Regulations (the Regulations) are being proposed under the new Canada Shipping Act, 2001 (CSA 2001). The CSA 2001 prohibits a vessel from departing from a port in Canada unless an officer is satisfied that the master of the vessel has all of the documents required under this Act (sections 213 and 214). Paragraph 244(a) of the CSA 2001 provides authority to make regulations respecting clearances for departure from a port in Canada.

Of all the certificates issued under the authority of the CSA 2001, the proposed Regulations specify the safety certificates related to life, property, and the marine environment (e.g. life saving equipment, pollution, competence of the crew and minimal crew numbers, etc.) that are mandatory for vessels to be granted clearance for departure from a port in Canada on an international voyage. The proposed Regulations set out in one place the documents required for vessel clearances for foreign and Canadian vessels engaged on international voyage.

Part of the process for ensuring that a vessel is fit to proceed on a voyage consists of ensuring, through inspection and issuance of certificates, that the vessel is in compliance with all applicable requirements. This is instrumental in ensuring that vessels do not create a hazard to human life, property or the marine environment. These inspections are carried out and certificates are issued under other related Regulations, such as the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, or the Cargo, Fumigation and Tackle Regulations.

The proposed Regulations are required to ensure that Canadian and foreign vessels comply with these safety standards prior to their departure from Canada's jurisdiction, thus meeting our international obligations related to safety. Furthermore, the requirements to obtain these documents are currently legislated in more than 50 provisions under the existing Canada Shipping Act (CSA) and the required certificates are issued under various regulations (e.g. Life Saving Equipment Regulations, Marine Personnel Regulations, Cargo, Fumigation and Tackle Regulations, etc.). It is therefore essential for transparency and ease of reference, particularly for the international community, to have these mandatory requirements regrouped in one place.

The certificates identified by the proposed Regulations are among those listed in Annex 2 of the Safety Of Life At Sea (SOLAS) Convention, which address safety associated with life, property and the marine environment. Canada is also requiring cargo vessel operators to hold a "Fitness to Proceed Certificate," which confirms that the load of the vessel does not pose a hazard. Although this certificate is not part of the list of certificates of the SOLAS Convention, it is of particular interest to Canada because of the high volume of bulk cargoes that are exported from our ports (e.g. grain and timber). The "Fitness to Proceed Certificate" required by the Cargo, Fumigation and Tackle Regulations is issued by a Transport Canada (TC) Marine Safety port warden once the vessel carrying cargo on deck (e.g. lumber), or cargoes with a degree of fluidity (e.g. grain), demonstrates that it is properly loaded, secured, distributed and the vessel is properly ballasted to prevent the vessel from becoming unstable during its voyage.

In Canada, officers of the Canada Border Services Agency (CBSA) are authorized to grant clearance. For the purpose of section 214 of the CSA 2001, section 5 of the proposed Regulations establishes that the required documents are originals and the required certificates are valid.

Regulations are necessary in this instance, since a vessel is required to obtain clearance prior to departing from a port in Canada, and such clearance is granted if the master has all the documents required under the proposed Regulations. There is no alternative to regulations to achieve the desired objective, and the proposed Regulations are the only solution envisaged to implement the requirements of sections 213 and 214 of the CSA 2001. If no regulations were made, mandatory requirements to obtain clearance would have to be set in guidelines, which may create uncertainty, particularly among the international marine community, and leave the clearance process open to challenge, as providing certificates may be perceived as a voluntary measure.

The proposed Regulations will have a neutral impact on costs or savings to industry, consumers or others, since the requirements are already in place. Statistics estimate that over 4 000 clearances are requested each year and would be impacted by the proposed Regulations.

The costs to the industry associated with obtaining the mandatory certificates would arise out of other regulations being made under the CSA 2001. For example, the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals require certain vessels to hold an International Oil Pollution Prevention Certificate. The benefits and costs associated with that certificate would be addressed in the Regulatory Impact Analysis Statement specific to those Regulations.

Permitting an unsafe vessel to engage on an international voyage could be costly, as it may lead to loss of life, important property may be lost or damaged and it may lead to environmental damages. In addition, knowing clearly what is expected to obtain clearance from a Canadian port is important to the industry, as the detention of a vessel could be the source of costs in the form of loss of financial opportunities (e.g. operating cost could easily exceed $5K per hour; penalties where shipping contracts are not met due to delays; manufacturers who need to slow down or close production while waiting for deliveries).

Ensuring that a vessel meets the safety requirements also provides potential savings to the operations of the Canadian Government. The cost of search and rescue and to respond to and monitor an incident, particularly one involving environmental damages, could be in the millions of dollars. Although the proposed Regulations do not remove the risk, they are a step towards risk mitigation.

Extensive consultations have taken place with the industry and stakeholders at both regional and national Canadian Marine Advisory Council (CMAC) meetings. Meetings have also been held with officials of the CBSA, previously known as the Canada Customs and Revenue Agency. Stakeholders were consulted and invited to provide comments on the proposed Regulations at the spring 2002 and fall 2002 regional and national CMAC meetings. Updates on the progress of the development of the proposed Regulations have been communicated to stakeholders at all subsequent CMAC meetings since the fall of 2002. The proposed Regulations received support throughout these consultations.

A preliminary scan of environmental impacts has been undertaken in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination. The environmental impacts associated with the proposed Regulations will arise out of the subject matter related specifically to other regulations made under the CSA 2001. Consequently, there is a neutral impact associated with this regulatory initiative.

Where it has been identified that the vessel owner cannot present a valid certificate, Canadian officials (usually CBSA officials) must detain a vessel for inspection by a TC Marine Safety inspector. The detention of such a vessel could continue until it complies with the requirements or, under certain circumstances (e.g. imminent pollution or foreign states not allowing the issuance of a certificate on their behalf), TC could issue an exemption with conditions tailored to ensure any exposures to life, property and the marine environment are minimized. The Vessel Detention Orders Review Regulations provide the authority to detain such vessels and the Vessel Certificates Regulations provide the authority to inspect and ensure that vessel owners meet the requirements for the issuance of the certificate during its period of validity.

The proposed Regulations would not require any additional monitoring to ensure compliance, as marine safety inspectors will enforce the proposed Regulations through the existing inspection and certification program.

Robert Gowie, Project Manager, Regulatory Services and Quality Assurance (AMSX), Transport Canada, Marine Safety, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, 613-990-7673 (telephone), 613-991-5670 (fax), gowier@tc.gc.ca (email).

Notice is hereby given that the Governor in Council proposes, pursuant to paragraph 244(a) of the Canada Shipping Act, 2001 (see footnote a), to make the annexed Vessel Clearance Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations within 15 days after the publication date of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the publication date of this notice, and be sent to Robert Gowie, Regulatory Services and Quality Assurance, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-7673; fax: 613-991-5670; e-mail: gowier@tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

"cargo vessel" means a vessel that is not a passenger vessel. (bâtiment de charge)

"chemical tanker" means a vessel that was constructed or adapted, and that is used, for the carriage in bulk of any liquid product listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (bâtiment-citerne pour produits chimiques)

"gas carrier" means a cargo vessel that was constructed or adapted, and that is used, for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO. (transporteur de gaz)

"inland voyage" means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

"inland waters of Canada" means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

(a) from Cap-des-Rosiers to West Point, Anticosti Island; and

(b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63°W. (eaux internes du Canada)

"INF cargo" means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo. (cargaison INF)

"international voyage" means a voyage from a port in Canada to a place not in Canada. (voyage international)

"passenger vessel" means a vessel that carries more than 12 passengers. (bâtiment à passagers)

(b) a marine installation or vessel that is used for loading or unloading vessels. (lieu)

"SOLAS" means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)

2. (1) Section 213 of the Act applies only to vessels that are departing on an international voyage and are

(b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

3. (1) Sections 4 and 5 apply in respect of vessels that are departing on an international voyage and are

(b) vessels in respect of which a direction has been given under paragraph 227(1)(c) of the Act.

4. (1) For the purposes of section 214 of the Act, the following documents are required in respect of a vessel:

(i) a Great Lakes and Inland Waters of Canada Load Line Certificate or a load line certificate issued under Title 46, chapter I, part 45 of the Code of Federal Regulations of the United States, as amended from time to time, or

(ii) an International Load Line Certificate or an International Load Line Exemption Certificate;

(b) if required under the Cargo, Fumigation and Tackle Regulations, a Fitness to Proceed Certificate;

(i) an International Oil Pollution Prevention Certificate,

(ii) in the case of a vessel carrying noxious liquid chemical substances in bulk, an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or, in the case of a chemical tanker, a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk,

(iii) an International Sewage Pollution Prevention Certificate,

(iv) an International Air Pollution Prevention Certificate, and

(v) an International Anti-Fouling System Certificate or a Declaration on Anti-Fouling System, as applicable; and

(2) The certificates referred to in subparagraph (1)(c)(ii) are not required in respect of a vessel if the vessel's master has a Certificate of Fitness for Offshore Support Vessels.

(3) For the purposes of section 214 of the Act, the following certificates are required in respect of a passenger vessel, or a cargo vessel of 500 gross tonnage or more, that is departing on an international voyage other than an inland voyage:

(b) in the case of a passenger vessel, a Passenger Ship Safety Certificate and, if applicable, an Exemption Certificate;

(i) a Cargo Ship Safety Certificate and, if applicable, an Exemption Certificate, or

(ii) a Cargo Ship Safety Construction Certificate, a Cargo Ship Safety Equipment Certificate, a Cargo Ship Safety Radio Certificate and, if applicable, an Exemption Certificate;

(d) in the case of a gas carrier, a Certificate of Fitness for the Carriage of Liquefied Gases in Bulk or an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; and

(e) in the case of a vessel carrying INF cargo, an International Certificate of Fitness for the Carriage of INF Cargo.

(4) The certificates referred to in paragraphs (3)(b) and (c) are not required in respect of a vessel to which Chapter X of SOLAS applies if the vessel's master has a High-Speed Craft Safety Certificate.

(5) For the purposes of section 214 of the Act, an inspection certificate issued under subsection 10(2) of the Vessel Certificates Regulations is required in respect of a Canadian vessel that

(a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

(6) For the purposes of section 214 of the Act, an inspection certificate issued by or under the authority of the government of a foreign state is required in respect of a foreign vessel that is entitled to fly the flag of that state and

(a) is a cargo vessel of less than 500 gross tonnage that is departing on an international voyage other than an inland voyage; or

(7) If a vessel is entitled to fly the flag of a state that has not ratified an international convention or protocol that establishes the requirements for issuing one of the certificates referred to in subsections (1) to (4), a Certificate of Compliance that is issued by or under the authority of the government of that state and certifies that the vessel complies with those requirements is required in lieu of that certificate in respect of the vessel.

5. For the purposes of section 214 of the Act, original documents and valid certificates are required.

6. These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.