CANADA SHIPPING ACT, 2001
LARGE COMMERCIAL VESSELS

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.

Many regulations have been updated and new ones have been written to enhance existing safety requirements for large commercial vessels. Examples include: Fire Safety Regulations; Cargo, Fumigation and Tackle Regulations; Collision Regulations; Vessel Clearance Regulations; Vessel Certificates Regulations; Marine Personnel Regulations; Load Lines Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations; and Ballast Water Control and Management Regulations.

Enhanced Vessel Safety

Fire Safety Regulations are being updated based on the latest safety standards and International Maritime Organization convention requirements. These regulations will come into effect some time after the CSA 2001.

The current standards and procedures for installation, maintenance and operation of vessel equipment will be repealed or amended.

Large commercial vessel owners/operators should become aware of the new requirements of the Cargo, Fumigation and Tackle Regulations for all Canadian vessels. These regulations enter into force with the CSA 2001.

The current requirements in the Tackle Regulations related to tackle safe working practices, however, will remain in force for the time being.

The Collision Regulations, which address navigation conduct, steering and sailing rules as well as the sound and light signals to be used by vessel operators, have been amended. These rules apply to all vessels in Canadian waters and by Canadian vessels in all waters, to avoid collision situations. Most vessels are already compliant, but the wording of the regulations has been changed to give a clearer meaning. These regulations enter into force with the CSA 2001.

Vessel Clearance

Under the CSA 2001 Vessel Clearance Regulations, commercial vessels engaged in international voyages will continue to be required to have their inspection certificates verified before being cleared for departure from a port in Canada. Owners of vessels that do not comply will be fined, put in prison, or both. These regulations enter into force with the CSA 2001.

Vessel Certification and Voyage Classification

The new Vessel Certificates Regulations state which vessels require certification under the CSA 2001. To prove that a vessel is safe to leave on a voyage, all of the documents required by the CSA 2001 must be on board. These documents specify any limitations, and confirm that proper inspections have taken place and that the vessel meets all requirements. If a vessel was required to be certified under the CSA, it will continue to be subject to certification under the CSA 2001.

These regulations also streamline the CSA voyage classification system. This will help:

• apply voyage classification consistently across the country; and
• limit, on a case-by-case basis, voyages within this new system.

The Vessel Certificates Regulations enter into force with the CSA 2001.

Marine Personnel

Large commercial vessel owners must comply with the Marine Personnel Regulations. These regulations exist to ensure that vessels hire enough crew members for safe operation. They also require that crews be trained and certified to perform their duties and are able to manage and operate vessels. A new addition to these regulations is the Maritime Labour Standards, which establish the labour working conditions on vessels for the well-being and safety of crew members.

All vessels needing an inspection certificate, as identified in the Vessel Certificates Regulations, must have a Safe Manning Document. This indicates the minimum safe crewing levels for the vessel, and is valid for a maximum of five years after the day it is issued. Details about Safe Manning Documents can be found in the Marine Personnel Regulations.

The Marine Personnel Regulations enter into force at the same time as the CSA 2001.

Load Lines

Certain large commercial vessels will need to comply with the Load Line Regulations, which should enter into force with the CSA 2001. These regulations are necessary for the safe construction and operation of large vessels operating in open waters. They establish the freeboard assigned to a vessel, limiting the depth to which the vessel can be loaded, taking into account its area of operation during different seasons of the year. The regulatory requirements are determined by the geometry, stability, strength, and reserve buoyancy of the vessel.

Technical aspects of the International Maritime Organization’s Load Line Convention are incorporated by reference into the updated Load Line Regulations. With the exception of minor technical changes, the requirements for load lines will remain the same.

Environmental Protection

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.

Large commercial vessels must comply with Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, to protect the marine environment. These regulations 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.

These regulations are being developed under the current CSA and will be rolled into the new CSA 2001 regime.

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 travelling 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; and 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.

The updated 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. These regulations may require certain large commercial vessels to have a prevention and response plan in place. In this case, they will need to enter into an agreement with a certified response organization.

The Ballast Water Control and Management Regulations have been amended, and will be available shortly after the CSA 2001 comes into force. These regulations apply to all vessels that are designed or built to carry ballast water (some exceptions are listed in the regulations). They require vessels to manage ballast water in ways that reduce the potential for invasions of non-indigenous organisms. Under the CSA 2001, vessels can now manage ballast water in one of four ways. Previously there was only one option. The regulations also require that if residual ballast was not managed prior to taking on local ballast water, vessel owners/operators must manage the local ballast water taken on board.

For more information

Owners and operators of large commercial vessels are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry. You can learn more about regulations that apply to Large Commercial Vessels or the Canada Shipping Act, 2001 reform at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. You can also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.

July 2007