Safety of Boats, Ships and Vessels, Mariners and Passengers, and Protection of the Marine Environment

Act: Canada Shipping Act, 2001 (CSA 2001), S.C. 2001, c. 26
Regulation: Various regulations under the Canada Shipping Act, 2001 (CSA 2001)

To Whom Does This Apply?

• People in the marine, shipping and boating industry;
• Marine manufacturers, boaters, fishers;
• Owners/Operators of pleasure crafts and non-pleasure crafts, including all manner of recreational vessels, ships, fishing vessels, tugs, passenger vessels, work boats, cargo vessels, tankers; and
• Owners/Operators/marine personnel on Canadian vessels.

Summary

The Canada Shipping Act , 2001 (CSA 2001) provides enabling legislative authority to establish regulations for safety and pollution prevention requirements in the shipping industry, including:

• licensing and registration of vessels;
• certification of marine personnel; and
• seaworthiness of vessels.

The following regulations govern safety on board vessels and boats.

General Safety
The Boat and Fire Drill and Means of Exit Regulations require that passengers and crew are familiar with emergency equipment and procedures necessary in case of fire, abandoning ship, etc.

The Classed Ships Inspection Regulations, 1988, were created to avoid duplication between classification societies and TC, where both are performing the same inspection procedures.

The Dangerous Goods Shipping Regulations were enacted to meet Canada's obligation under the Safety of Life at Sea Convention (SOLAS) to ensure safe carriage of dangerous goods, and to protect life, property and the environment.

The Fire Detection and Extinguishing Equipment Regulations require a satisfactory level of fire detection and extinguishing equipment for ships.

The Hull Construction Regulations were enacted to ensure that ships are designed and constructed in a safe manner and to meet Canada's obligations under the SOLAS Convention.

The Hull Inspection Regulations establish inspection procedures and ensure that ships are built, operated and maintained safely.

The Large Fishing Vessel Inspection Regulations are concerned with the safe design, construction, operation and maintenance of large fishing vessels.

The Life Saving Equipment Regulations require that ships are equipped with suitable and sufficient life saving equipment.

The Load Lines Regulations require that vessels are constructed, loaded and maintained in a safe condition for voyages. There are different load lines for different seasons of the year, areas of operation and densities of water.

The Marine Machinery Regulations require that machinery is designed, operated, constructed and maintained safely.

The Marine Personnel Regulations promote a safe and efficient marine transportation system by protecting the health and well-being of individuals and crew; ensuring that Canada meets its international obligations; and encouraging the harmonization of marine practices.

The Pilot Ladder Regulations ensure the safety of pilots boarding and disembarking from ships.

The Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals promote the elimination of deliberate, negligent or accidental discharge of ship-source pollutants from ships into the marine environment and the safe operation of chemical tankers.

The Ships' Elevator Regulations ensure that ships' elevators receive the same attention as shore-based equipment.

The Ship Fumigation Regulations provide controls for fumigation of ships and cargo while alongside in Canadian ports and control in-transit fumigation on foreign flag vessels while in Canadian waters.

The Ship Station (Radio) Regulations, 1999 require that ships are equipped with radio facilities which will enhance their safe operation.

The Ship Station (Radio) Technical Regulations, 1999 are complementary to the Ship Station Radio Regulations and provide technical specifications.

The Small Fishing Vessel Inspection Regulations require that small fishing vessels are designed, constructed, operated and maintained safely.

The Small Vessel Regulations were enacted to support the safety of small vessels and pleasure craft. The Regulations provide the rules for safety equipment, safety precautions and enforcement for the following types of vessels:

• pleasure crafts;
• passenger carrying vessels not over five tons that do not carry more than 12 passengers; and
• power-driven vessels that are not over 15 tons, that do not carry passengers and which are not pleasure crafts or fishing vessels.

The Regulations also grant powers to enforcement officers. There are also penalties for non-compliance.

The Steering Appliances and Equipment Regulations establish requirements with respect to ship steering appliances and equipment.

The Vessel Certificates Regulations establish the voyage classification system, which includes the following: sheltered waters voyage; near coastal voyage, Class 1; near coastal voyage, Class 2; and unlimited voyages. The Regulations also contribute to ensuring that a vessel is safe to proceed on a voyage by establishing the terms and conditions related to obtaining and issuing certificates, including the requirements to keep certificates on board and make them available for inspection.

The Vessel Clearance Regulations set out in one place the documents required for vessel clearances for foreign vessels and Canadian vessels engaged on international voyages.

Inspection of Ships, Cargo and Tackle
The Dangerous Bulk Materials Regulations allow Canada to meet its obligation under the SOLAS Convention to ensure safe carriage of dangerous goods when carried in bulk, and to protect life, property and the environment.

The Safe Working Practices Regulations ensure the safety of employees and accident prevention on board ship.

The Tackle Regulations provide for the safety of workers loading and unloading ships.

Disposal of Certificates, Fines and Fees
The Board of Steamship Inspection Scale of Fees govern the fees payable for the inspection of ships and other vessels.

The Non-Canadian Ships Safety Order control foreign flag ships operating in the coasting trade in Canada.

The Ship Radio Inspection Fees Regulations state the fees payable for the inspection of ships' radios.

The Boating Restriction Regulations were enacted to control the operation of small vessels under fifteen gross tonnes for the protection of the public and the environment in restricted waters of the lakes, rivers and sea coast of Canada. The Regulations include provisions for:

• restrictions on boating and navigation on Canadian waterways;
• signage;
• the appointment and powers of peace officers; and
• penalties for non-compliance with the Regulations.

The Eastern Canada Vessel Traffic Services Zone Regulations were enacted to identify sub-standard vessels in or intending to enter waters of Eastern Canada; defects and deficiencies are identified and compensatory measures are put into place to prevent incidents.

The Vessel Traffic Services Zones Regulations were enacted to obtain and provide information to ships through a system of traffic reporting in order to reduce the risk of pollution and enhance the safe passage of ships in Canadian Vessel Traffic Services zones.

The Burlington Canal Regulations were enacted to establish procedures for the safe passage of ships through the Burlington Canal.

The Charts and Nautical Publications Regulations, 1995, require vessels to carry updated charts and relevant nautical publications appropriate to their area of operations to promote safe navigation.

The Navigating Appliances and Equipment Regulations implement provisions/standards for navigating appliances and equipment to further navigational safety and decrease the risk of pollution.

The St. Clair and Detroit River Navigation Safety Regulations set safe navigation procedures for vessels passing between Lake Erie and Lake Huron.

The Very High Frequency (VHF) Radiotelephone Practices and Procedures Regulations establish VHF radio procedures to be followed by persons on board ships in respect of bridge-to-bridge VHF radio-telephones to ensure safe navigation.

The Collision Regulations promote uniform measures and ensure the safe conduct of vessels at sea by giving effect to the International Convention for Preventing Collision at Sea, and to Canadian modifications of a collision avoidance nature.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

New Brunswick Contact(s):
See National Contact.

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National Contact(s):
Ms. Theresa Barclay
Transport Canada
Tower C, 11th floor, Place de Ville
330 Sparks Street
Ottawa, Ontario  K1A 0N5
Telephone: (613) 990-0617
Fax: (613) 991-5670
E-mail: barclat@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm