CANADA SHIPPING ACT, 2001
TUGS AND BARGES

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 tugs and barges have been updated or added. These include: Small Vessel Regulations, 2007; Fire Safety Regulations; Cargo, Fumigation and Tackle Regulations; Collision Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations; Vessel Certificates Regulations; Vessel Clearance Regulations; and Marine Personnel Regulations.

Enhanced Vessel Safety

The Small Vessel Regulations, 2007 update the requirements for lifesaving and fire safety equipment for tugs, and should enter into force in late 2007.

Some highlights include:

• The status quo remains with respect to liferafts on tugs.
• Tugs less than 6 metres (dozer boats) are exempt from carrying manual propelling devices, anchors or flares when operating in a recognized booming ground.
• Lifesaving equipment requirements for vessels over 15 gross tonnage (including barges) remain unchanged for now.
• New Fire Safety Regulations will apply to certain vessels less than 150 gross tonnage.

Owners and operators of tugs should refer to the Marine Personnel Regulations for specific requirements that apply to tugs.

Tug and barge owners/operators should become aware of the new requirements of the Cargo, Fumigation and Tackle Regulations for all cargo vessels that are non-convention Canadian vessels. They come into force with the CSA 2001. The current standards and procedures for installation, maintenance and operation of vessel equipment will be repealed or amended. 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 come into force with the CSA 2001.

Load Lines

Certain tugs and barges need to comply with the Load Line Regulations, which 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 it 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.

Tugs and barges 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; and
• 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.

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.

Under the CSA 2001, a new and streamlined voyage classification system has been established within the Vessel Certificates Regulations. Voyage classifications that were once found in various sections of the CSA have been consolidated within these regulations.

This new system will help:

• Apply voyage classification consistently across the country;
• 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

Tug and barge owners/operators must comply with the Marine Personnel Regulations. They exist to ensure that vessels hire enough crewmembers for safe operation. They also require that crews be trained and certified to perform their duties and are able to manage and operate vessels.

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. 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.

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

For more information

Owners and operators of tugs and barges are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.

You can learn more about the CSA 2001 and regulations that affect tugs and barges at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca.

You may also call toll free 1-866-879-9902 or 613-998-7764 in the National Capital Region.

July 2007