CANADA SHIPPING ACT, 2001
ENVIRONMENTAL PROTECTION
Canada Shipping Act, 2001
The Canada Shipping Act, 2001 (CSA 2001) replaces the Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
The Government of Canada is committed to improving the environment. The CSA 2001 delivers on this commitment, as its regulations will reduce the impact of marine transport on the environment.
Many regulations have been updated and new ones have been written. Some will have very little impact, while others bring about big changes. Three regulations that concern environmental protection have been updated, namely: the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations; and the Ballast Water Control and Management Regulations.
The International Convention for the Prevention of Pollution from Ships (MARPOL) reports that, if no restrictions were in place, up to 35 per cent of pollution in the world’s marine environment would be the direct result of marine transport. The CSA 2001 increases the penalties for polluting. It also gives Marine Safety Inspectors, who deal with pollution issues, more tools to enforce its regulations.
The control of pollution of the seas by vessels is addressed mainly in the International Convention for the Prevention of Pollution from Ships (MARPOL). Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals were developed under the current CSA, but are part of the new CSA 2001 regime. Under the CSA, regulations to control pollution from ships were in place across Canada; however, they were not consistent with MARPOL and did not address anti-fouling systems. Bringing the regulations into force will allow Canada to ratify the MARPOL Convention.
During the transition from the CSA to the CSA 2001 regime, vessels must continue to comply with the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, which promote the elimination of deliberate, negligent or accidental discharge of ship-source pollutants into the marine environment. The list of harmful ship-source discharges includes: oil, noxious liquid substances and dangerous chemicals, sewage, garbage and air anti-fouling systems. The regulations will also promote the safe operation of chemical tankers.
New rules to prevent pollution by vessels include:
- Limits to sewage discharges.
- Sewage holding tanks or marine sanitation devices on ships with a toilet (with some exceptions), to be installed within a five-year period.
- Possible tests of waste matter from marine sanitation devices.
- Ship-board oil pollution plans on certain non-oil barges carrying oil trucks or tanks.
- International Sewage Pollution Prevention Certificates for non-Canadian ships traveling to a Canadian port.
- Garbage management plans and up-to-date Garbage Record Books for certain ships (as specified in the regulations).
- Bans on:
- buying new equipment that contains ozone depleting substances
- emitting ozone depleting substances from existing equipment.
- Limits to the sulphur content of any fuel oil used on a ship, set at 4.5 per cent.
- Approvals for certain new ship engines and new incinerators.
- Quality standards for fuel oil used for combustion.
- International or Canadian Air Pollution Prevention Certificates for certain ships.
- International Anti-fouling System Certificates or self-declarations for certain ships.
- Paint containing tributyl tin removed or encapsulated from the coating of ships by
January 1, 2008.
Environmental Response Regulations have been modernized under the CSA 2001 and deal with the prevention of and response to marine spills from vessels and oil handling facilities. They will come into force some time after the CSA 2001 becomes law
The regulations apply to vessels operating in Canadian waters. This includes all inland waters and waters out to 200 nautical miles. They apply to vessels and oil-handling facilities in those waters. They also apply to response organizations who are certified and those who are seeking certification.
The regulations are divided into three Parts:
Part 1 - Response Organizations: Response organizations will require a certificate in order to enter into arrangements with vessels and oil handling facilities that are required to have a spill response agreement.
Part 2 - Oil Handling Facilities: The procedures, equipment and resources used at an oil handling facility when a vessel is loading and unloading oil.
Part 3 - Vessels: The requirement for vessels to have an agreement declaration from a Response Organization.
The regulations do not apply to vessels searching for oil and gas in the seabed of internal waters, the territorial sea or the continental shelf of Canada. They also do not apply to vessels removing oil and gas from these locations. The Canada Oil and Gas Operations Act governs these activities. This is the responsibility of the Minister for Natural Resources Canada.
Ballast Water Control and Management
The Ballast Water Control and Management Regulations have been amended under the CSA 2001 and will be available shortly after the new act comes into force.
Scientific evidence suggests that ballast water carried on board a ship can transport harmful organisms and pathogens unintentionally around the world. These organisms and pathogens may invade and harm an ecosystem when a ship discharges untreated ballast water.
The Ballast Water Control and Management Regulations require ships to manage ballast water in ways that reduce the potential for invasions of non-indigenous organisms. These regulations apply to all vessels that are designed or built to carry ballast water (some exceptions are listed in the regulations). They also require that if residual ballast was not managed prior to taking on local ballast water, ship owners/operators must manage the local ballast water taken on board.
Under the CSA 2001, ships can now manage ballast water in one of four ways. The management options are: exchange; discharge to a reception facility; treatment; and keeping it on board.
A new CSA 2001 requirement also covers “disposal of sediments that have settled out at the bottom of a ballast water tank.” This was not covered by the Guidelines for the Control of Ballast Water Discharge from Ships in Waters under Canadian Jurisdiction (TP 13617). Sediments must now be disposed of at a reception facility. They may not be discharged over the side of the ship.
Vessel owners/operators must report to Transport Canada Marine Safety if they cannot perform an exchange, as required. If a ship is unable follow its ballast water management plan – in other words, if it is an exceptional circumstance – they must report to Transport Canada within 96 hours before entering Canada’s territorial sea. If this is not possible, then they must report to Transport Canada as soon as possible.
Protection of the Marine Environment is a Shared Responsibility
Transport Canada is serious about its role in preventing pollution. Marine pollution will continue to be vigorously prosecuted through the courts. Sanctions and penalties for violators will continue to increase.
Protecting the marine environment is a shared responsibility. Members of the marine community are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.
You can learn more about environmental protection and environmental response systems at the Marine Safety Operations and Environmental Programs website at: www.tc.gc.ca/marinesafety/oep/shipreg/smallcomm/menu.htm.
Visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca to learn more about regulations dealing with environmental protection or the Canada Shipping Act, 2001 reform. You may also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
July 2007
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