CANADA SHIPPING ACT, 2001
PLEASURE CRAFT

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 that apply to pleasure craft have been updated or added. These include: Small Vessel Regulations, 2007; Competency of Operators of Pleasure Craft Regulations; Vessel Operation Restriction Regulations; Collision Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations and Ballast Water Control and Management Regulations.

Licensing and Registration

All pleasure craft powered by 7.5 kilowatts (10 horsepower) motors or more are currently required to be licensed (unless they are registered). As of April 2006, licensing is handled by Service Canada. Pleasure craft licences must now be renewed every 10 years. Existing pleasure craft licences will remain valid until the licence holder moves or the ownership of the vessel is transferred. All licence holders must advise Service Canada if there is a change of name or address from that which appears on the licence.

Pleasure craft over 15 gross tonnage are no longer required to be registered. However, owners may voluntarily register in Transport Canada's Canadian Register of Vessels. This register contains the names, ownership details, mortgage details and records of all registered vessels for each Port of Registry.

The following table compares how licensing of pleasure craft was handled under the CSA to how it is handled under the CSA 2001.

Registration and Licensing Under the CSA vs. the CSA 2001

Pleasure craft that are occasionally used commercially (also known as "crossover vessels") must be registered in either the Small Vessel Register or the Canadian Register of Vessels.

Competency of Operators of Pleasure Craft Regulations

Under the CSA 2001's Competency of Operators of Pleasure Craft Regulations, the Boating Safety Test will contain stricter requirements. These will include new restrictions on, and new requirements for, pleasure craft operators. A new accreditation framework for private sector course providers will standardize the training for, and administration of, the Boating Safety Test. This will help protect the health and well-being of individuals and promote greater safety on Canada's waterways.

Vessel Operation Restriction Regulations

The CSA 2001 Vessel Operation Restriction Regulations will replace the CSA Boating Restriction Regulations. They regulate the navigation, anchoring, mooring, and berthing of vessels, and apply to all vessels, regardless of size.

Minor changes include:

• Moving the age and vessel horsepower restrictions from the former Boating Restriction Regulations to the Competency of Operators of Pleasure Craft Regulations; and
• Moving the commercial river rafting schedules to the proposed Special Purpose Vessel Regulations.

These regulations should take effect after the CSA 2001 comes into force.

Equipment Carriage Requirements

Equipment carriage requirements within the Small Vessel Regulations, 2007 will be presented in a table, for easier reading. One new requirement states that all equipment carried on board must be:

• In good working order;
• Maintained according to the manufacturer's instructions; and
• Available immediately, in case of emergency.

There is now a new category of human-powered pleasure craft with common requirements for all sizes.

Construction Standards

Many of the construction requirements in the 2004 Construction Standards for Small Vessels (TP 1332) have been moved to the new Small Vessel Regulations, 2007. This is because they set out a regulatory requirement (a rule of conduct) rather than a technical explanation. A revised edition will be issued in 2007.

Single Vessel Labels and Compliance Notices

While the single vessel label program for home built pleasure craft will be discontinued, the manufacturer's compliance notice program will continue to be in effect under the CSA 2001. Custom builders, who are not building serially produced vessels, will now be required to obtain a compliance notice in which they certify the vessels meet construction standards. This will apply to any pleasure craft that is built for "sale, trade, remuneration or contract."

Existing pleasure craft with no compliance notice do not need to obtain one. A manufacturer must attach a notice, but a pleasure craft owner is not expected to be responsible for obtaining a notice if the manufacturer fails to comply. It will no longer be an offence to operate a pleasure craft without a compliance notice.

If a pleasure craft does not have a compliance notice, the owner may voluntarily request one from the manufacturer, who is then required to supply it.

What is a compliance notice?

A compliance notice is a generic term that means a Conformity Label or a Capacity Label (or a pre-existing Single Vessel Label). They serve two functions:

• For smaller vessels, a Capacity Label states their recommended capacity in fair weather.
• For vessels of all sizes, a Conformity Label addresses both consumer protection and self-inspection issues because it certifies that the vessel builder or importer met the construction requirements of the Small Vessel Regulations, 2007 at the time of construction.

Collision Regulations

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 come into force with the CSA 2001.

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. Pleasure craft owners/operators must comply with Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, to protect 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.
  • 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 are meant to prevent and respond to marine spills from vessels and oil handling facilities. They will take effect some time after the CSA 2001 comes into force. They may require certain vessels to have a prevention and response agreement 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 pleasure craft are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.

You can learn more about CSA 2001 and the regulations that affect pleasure craft 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