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CANADA SHIPPING ACT, 2001
MARINE TECHNICAL REVIEW BOARD
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.
General
The Marine Technical Review Board (MTRB) has been created under the
CSA 2001to review applications for
exemption from, or equivalencies for, regulatory requirements. These applications
concern individual Canadian vessels or the issuance of Canadian maritime documents
to persons. The MTRB cannot make a decision that affects multiple vessels or
classes of vessels.
Differences between the MTRB and the Board of Steamship
Inspection
With the CSA 2001 coming into
force, the MTRB replaces the Board of Steamship Inspection. The MTRB differs from
the Board of Steamship Inspection in a number of ways. For example:
- The MTRB will consist of the chair, a national vice-chair and five regional
vice-chairs.
- The MTRB chair will be appointed by the Minister, not the Governor in Council,
and will have the power to appoint vice-chairs and panel members.
- The chair and vice-chairs must be employees of Transport Canada with expertise
in marine matters.
- Panels will be struck to review applications for a Board Decision. Anyone who
has expertise in the matter under review can be appointed as a member of these
panels.
- The MTRB chair is not responsible for supervising marine safety inspectors or
for investigating their possible negligence, or for vessel inspection.
- MTRB members will not make decisions on structural strength and suitability
concerning the safety of hulls, machinery and equipment.
- While the MTRB will not have legislative authority to resolve disputes, it will
consider disputes on technical matters, under the authority of the Minister.
- The MTRB will make rules for the procedures that require the Minister's
approval. The Steamship Board made rules and regulations requiring approval by the
Governor in Council.
- Inspectors will no longer automatically become Board members. They may,
however, be appointed by the chair to serve on panels making decisions on specific
applications.
- All decisions made by the Board of Steamship Inspection will expire five years
after the CSA 2001 comes into
force.
- MTRB will publish all positive decisions regarding exemptions and
equivalencies.
Applications for exemption or equivalency will be processed and reviewed in a
similar manner and as previously done by the Board of Steamship Inspection.
You can learn more about 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
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