Vol. 141, No. 5 — March 7, 2007

Registration
SOR/2007-31 February 15, 2007

CANADA SHIPPING ACT, 2001

Vessel Certificates Regulations

P.C. 2007-183 February 15, 2007

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 35(1)(d) and section 120 of the Canada Shipping Act, 2001 (see footnote a), hereby makes the annexed Vessel Certificates Regulations.

VESSEL CERTIFICATES REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

"Act" means the Canada Shipping Act, 2001. (Loi)

"Minister" means the Minister of Transport. (ministre)

"near coastal voyage, Class 1" means a voyage

(a) that is not a sheltered waters voyage or a near coastal voyage, Class 2;

(b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, Central America or the northeast coast of South America; and

(c) during which the vessel engaged on the voyage is always

"near coastal voyage, Class 2" means a voyage

(a) that is not a sheltered waters voyage; and

(b) during which the vessel engaged on the voyage is always

"sheltered waters voyage" means a voyage

(a) that is in Canada on a lake, or a river above tidal waters, where a vessel can never be further than one nautical mile from the closest shore;

(b) that is on the waters listed in column 1 of an item of Schedule 1 during the period specified in column 2 of that item; or

(c) that is made by a ferry between two or more points listed in column 1 of an item of Schedule 2 during the period specified in column 2 of that item. (voyage en eaux abritées)

"SOLAS" means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)

"unlimited voyage" means a voyage that is not a sheltered waters voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité)

APPLICATION

2. (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

(2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

CANADIAN VESSEL CERTIFICATES — REGULATION 12 OF
CHAPTER I OF SOLAS

PASSENGER SHIP SAFETY CERTIF ICATES

3. (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Passenger Ship Safety Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

(a) the vessel's structure and its main and auxiliary machinery, boilers and other pressure vessels;

(b) watertight subdivision arrangements and details;

(c) subdivision load lines;

(d) structural fire protection, fire safety systems and appliances and fire control plans;

(e) life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats;

(f) line-throwing appliances and radio installations used in life-saving appliances;

(g) radio installations;

(h) shipborne navigational equipment, means of embarkation for pilots and charts and nautical publications; and

(i) lights, shapes, means of making sound signals and distress signals.

(2) The authorized representative of a Canadian vessel that holds a Passenger Ship Safety Certificate shall ensure that the vessel undergoes the inspections required by regulation 7(a)(iii) of Chapter I of SOLAS.

CARGO SHIP SAFETY EQUIPMENT CERTIFICATES

4. (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Cargo Ship Safety Equipment Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

(a) fire safety systems and appliances and fire control plans;

(b) life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats;

(c) the provision of line-throwing appliances and radio installations used in life-saving appliances;

(d) shipborne navigational equipment, means of embarkation for pilots and charts and nautical publications; and

(e) lights, shapes, means of making sound signals and distress signals.

(2) The authorized representative of a Canadian vessel that holds a Cargo Ship Safety Equipment Certificate shall ensure that

(a) the vessel undergoes the inspections required by regulation 8(a)(iii) to (v) of Chapter I of SOLAS; and

(b) the Certificate is endorsed as required by regulation 8(c) of that Chapter.

CARGO SHIP SAFETY CONSTRUCTION CERTIFICATES

5. (1) On application by the authorized representative of a Canadian vessel, the Minister shall issue a Cargo Ship Safety Construction Certificate to the vessel if the applicable requirements under the Act regarding the following are met:

(a) the vessel's structure and its main and auxiliary machinery, boilers and other pressure vessels;

(b) watertight subdivision arrangements and details; and

(c) structural fire protection.

(2) The authorized representative of a Canadian vessel that holds a Cargo Ship Safety Construction Certificate shall ensure that

(a) the vessel undergoes the inspections required by regulation 10(a)(iii) to (vi) of Chapter I of SOLAS; and

(b) the Certificate is endorsed as required by regulation 10(c) of that Chapter.

EXEMPTION CERTIFICATES

6. On application by the authorized representative of a Canadian vessel, the Minister shall issue an Exemption Certificate to the vessel if an exemption has been granted in respect of requirements under the Act that are required to be met for the issuance of a certificate under any of sections 3 to 5.

RECORDS OF EQUIPMENT

7. (1) The Minister shall include with the certificates issued under sections 3 and 4 records of equipment in the form set out in the Appendix to SOLAS.

(2) The master of a vessel that holds a certificate issued under section 3 or 4 shall ensure that the record of equipment included with the certificate is permanently attached to it.

FOREIGN VESSELS

8. (1) The authorized representative of a foreign vessel in Canadian waters shall ensure that

(a) the documents required to be carried on board by an international convention, protocol or resolution listed in Schedule 1 to the Act are on board; and

(b) the requirements that were to be met for the issuance of those documents are met.

(2) The authorized representative of a foreign vessel shall ensure that the vessel is crewed in accordance with the vessel's Safe Manning Document or an equivalent document.

(3) The authorized representative of a foreign vessel that holds a document required by subsection (1) shall ensure that the vessel undergoes any periodic inspections required in respect of the document under an international convention, protocol or resolution that is listed in Schedule 1 to the Act and, if the convention, protocol or resolution requires that the document be endorsed following such an inspection, that the document is endorsed as required.

(4) This section does not apply in respect of international ship security certificates or interim international ship security certificates.

CANADIAN VESSEL INSPECTION CERTIFICATES

APPLICATION

9. (1) Sections 10 and 11 apply in respect of the following Canadian vessels if they are not Safety Convention vessels:

(a) vessels of 15 gross tonnage or less that carry more than 12 passengers;

(b) vessels of more than 15 gross tonnage;

(c) vessels fitted with a boiler that operates at a pressure in excess of 103 kPa; and

(d) vessels fitted with an unfired pressure vessel.

(2) Sections 10 and 11 do not apply in respect of

(a) pleasure craft; or

(b) inflatable vessels, other than motorized rigid-hull inflatable vessels, that carry persons on an excursion in Canadian waters for remuneration and are controlled by a guide.

CERTIFICATES

10. (1) No vessel shall engage on a voyage unless it holds a certificate issued under subsection (2).

(2) On application by the authorized representative of a vessel, the Minister shall issue an inspection certificate to the vessel if the requirements under the Act that apply in respect of the vessel when engaged in its intended service are met.

TERMS AND CONDITIONS

11. (1) The Minister may impose terms and conditions in an inspection certificate issued to a vessel that

(a) reflect requirements under the Act that apply in respect of the vessel when engaged in its intended service, including restricting the vessel to its intended service; or

(b) set out limits determined in accordance with subsection (2).

(2) The certificate shall set out terms and conditions that limit the sheltered waters voyages, near coastal voyages, Class 2, near coastal voyages, Class 1 or unlimited voyages on which the vessel may engage, if the Minister determines that the limits are necessary based on the vessel's construction, equipment and stability and design criteria taking into consideration the following criteria in the vessel's intended area of operation:

(a) the wave height;

(b) the wind velocity;

(c) the current;

(d) the visibility;

(e) the proximity to assistance, to a place of refuge or to shore;

(f) the navigation hazards;

(g) the communications coverage;

(h) the average depth of the water;

(i) the water temperature;

(j) the air temperature; and

(k) the maximum tide range.

COMING INTO FORCE

12. These Regulations come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

SCHEDULE 1
(Section 1)

SHELTERED WATERS VOYAGES — WATERS

PART 1

ONTARIO

PART 2

QUEBEC

PART 3

NOVA SCOTIA

PART 4

NEW BRUNSWICK

PART 5

MANITOBA

PART 6

BRITISH COLUMBIA

PART 7

PRINCE EDWARD ISLAND

PART 8

SASKATCHEWAN

PART 9

NEWFOUNDLAND AND LABRADOR

PART 10

NORTHWEST TERRITORIES

SCHEDULE 2
(Section 1)

SHELTERED WATERS VOYAGES MADE BY A FERRY

PART 1

ONTARIO

^* Cable Ferry

PART 2

QUEBEC

PART 3

BRITISH COLUMBIA

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Vessel Certificates Regulations are made under the new Canada Shipping Act, 2001 (CSA 2001). These Regulations are part of the modernization and implementation of the CSA 2001.

Paragraph 35(1)(d) of the CSA 2001 provides the authority to make regulations to implement international conventions, protocols and resolutions listed in Schedule 1 to the CSA 2001. Section 1 of the Regulations revise, consolidate and replace the existing voyage classification system under the Canada Shipping Act (CSA) to include: sheltered waters voyage; near coastal voyage, Class 1; near coastal voyage, Class 2; and unlimited voyages. These new definitions were developed using a risk-based approach, and in consideration of the International Convention for the Safety of Life at Sea (SOLAS), 1974, and the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978, as amended in 1995. The existing voyage classifications in the CSA will be repealed on the coming into force of the CSA 2001. Sections 3 to 7 of the Regulations implement Regulation 12 of Chapter I of SOLAS. Section 8 requires foreign vessels to carry on board the documents required by international conventions, protocols and resolutions listed in Schedule 1 of the CSA 2001 and to meet the requirements for the issuance of those documents. Section 120 of the CSA 2001 provides the authority to make regulations respecting the safety of vessels, including certification that vessels meet the requirements set out in the Regulations. Sections 9 to 11 relate to prohibiting Canadian vessels from engaging on a voyage without holding a certificate that meets the requirements set out in the Regulations for that voyage. The certificate May also set out terms and conditions necessary for the safety of the vessel.

Sections 3 to 7 and 9 to 11 of the Regulations are addressed in Part V of the CSA. Section 8 is also addressed, in part, under the CSA and ensures, in conjunction with section 211 of the CSA 2001, that Canada can meet its international obligations regarding inspection of foreign vessels.

Part of the process for ensuring that a vessel is safe to proceed on a voyage consists of ensuring that it has on board all of the documents required by the CSA 2001. These documents specify any limitations and confirm that proper inspections have taken place and that the vessel is in compliance with all requirements. These inspections are instrumental in ensuring that vessels do not create a hazard to human life or property.

Alternatives

Sections 3 to 7 of the Regulations authorize the issuance of certificates to Canadian vessels. The vessels must have these certificates if they engage on international voyages. Section 8 of the Regulations is necessary for Canada to meet its international obligations. Sections 9 to 11 of the Regulations are necessary to ensure the safety of Canadian vessels and the persons on board. The inspection of vessels is an important function in meeting the objectives set out in section 6 of the CSA 2001, including promoting the safety of marine transportation and establishing an effective inspection program. There is no alternative to regulatory action to achieve these objectives.

Benefits and Costs

The requirements of the Regulations relating to Canadian vessels maintain the regime currently codified in the CSA. The streamlining of the voyage classification system will provide a higher level of consistency in the application of voyage classification nationally, while at the same time providing a high degree of flexibility to limit, on a case-by-case basis, voyages within the new voyage classification system. The requirements of the CSA will be repealed at the same time as the CSA 2001 is brought into force. The requirements of the Regulations relating to foreign vessels are for the purposes of supporting Canada's Port State Control Program, which is subject to international agreements. With respect to Canadian and foreign vessels, the Regulations do not change the costs incurred by the industry or the government. There are no impacts on any of the existing benefits and costs associated with this regulatory initiative.

Consultation

The consultations in support of the development of the Regulations were conducted in two separate stages. The first stage addressed the proposed definitions for the four voyage classifications, which are: sheltered waters voyage; near coastal voyage, Class 1; near coastal voyage, Class 2; and unlimited voyages. The second addressed the certificate and inspection requirements of the Regulations.

Since 2003, extensive consultations on the definitions of the voyage classifications were conducted semi-annually with industry stakeholders at the Regional and National Canadian Marine Advisory Council (CMAC) meetings. Throughout this period, numerous outreach meetings were also held to address issues raised by stakeholders.

In the spring of 2006, consultations were held with industry stakeholders during the Regional and National CMAC meetings. Since the consultations began, updates on the progress of the development of the Regulations have been communicated to stakeholders periodically. The Regulations received broad support throughout these consultations.

The Regulations were pre-published in the Canada Gazette, Part I, on November 4, 2006, to allow for public comments. As no comments were received from stakeholders, the Regulations remain the same as they were pre-published in the Canada Gazette, Part I with the exception of the following minor changes.

Paragraph 9(1)(b) of the French version of the Regulations is amended by replacing the words "15 ou plus" with "plus de 15".

Under Schedule 1, Part 4, New Brunswick, Item 1, the period under Column 2 for the waters of Saint John Harbour is amended to read "Beginning on January 1 and ending on December 31" rather than "Beginning on May 1 and ending on October 31" as originally published. This change is necessary to clarify the intent of this item and bring these waters in line with those of Passamaquoddy Bay (Item 8).

In addition, Item 8 of the English version has been amended to correct the spelling of "Passamaquoddy" in the reference to Passamaquoddy Bay.

Strategic Environmental Assessment

A preliminary scan of environmental impacts has been undertaken in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement – March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination. Moreover, the Regulations reflect the existing requirements of the CSA. Consequently, there is a neutral impact associated with this regulatory initiative.

Compliance and Enforcement

Any person or vessel that contravenes the Regulations is subject to a fine of not more than one million dollars or to imprisonment for a term of not more than eighteen months, or to both.

Enforcement of the Regulations will not impact the overall established compliance mechanism for Marine Safety. The Regulations will not require significant additional monitoring to ensure compliance, as marine safety inspectors will enforce the Regulations during normal periodic inspections and port state control activities. In addition, the Regulations will not affect the existing compliance mechanisms under the CSA that are presently enforced by Transport Canada marine safety inspectors.

Contact

Robert Gowie
Project Manager
Regulatory Services and Quality Assurance (AMSX)
Transport Canada
Marine Safety
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: (613) 990-7673
FAX: (613) 991-5670
E-mail: gowier@tc.gc.ca

Footnote a

S.C. 2001, c. 26

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