Frequently Asked Questions - Regulations

The FAQs below are meant to provide Canadians and businesses with basic information about Transport Canada’s 10 most accessed regulations.

Canadian Aviation Regulations

1. What is the purpose of this regulation?

The purpose of the Canadian Aviation Regulations is to maintain and enhance the safety of Canada’s air transportation system.

2. What are the key elements of this regulation?

This regulation is separated in eight parts that covers various aviation topics. A brief description of each part is below:

Part I: General Provisions – contains definitions, general administrative and compliance provisions, regulatory authorities and fees for services.

Part II: Identification, Registration and Leasing of Aircraft – regulates registration, marking and leasing of aircraft and identification of aeronautical products.

Part III: Aerodrome and Airports – contains regulations respecting aerodromes and airports, and requirements for certification of airports.

Part IV: Personnel Licensing and Training – specifies regulations governing the training and licensing of flight crew, aircraft maintenance engineers and air traffic controllers.

Part V: Airworthiness – regulates airworthiness of aircraft from the design and type certification stage to the maintenance of aircraft in use.

Part VI: General Operating and Flight Rules – contains general rules applicable to all aircraft operations, including regulations respecting special types of operations such as air shows, parachuting and balloon operations.

Part VII: Commercial Air Services – governs the use of airplanes and helicopters in commercial air services, including airworthiness rules relating specifically to commercial operations.

Part VIII: Air Navigation Services – regulates the provision of air navigation services.

3. How does this regulation affect Canadian businesses?

This regulation regulates the aviation industry as a whole from commercial air operators, aircraft manufacturers, airport operators, pilots of small or larger planes, training for aircraft maintenance engineers or flight attendants to providing flight information and air traffic control. 

4. What is the timeline for implementation?

Developed in consultation with the aviation community as part of the Canadian Aviation Regulation Advisory Council (CARAC), this regulation exemplifies the benefits of the partnership approach.  The regulation is amended on a regular basis to keep up with technological advances or improve safety in consultation with CARAC members. 

5. Where can I get more information?

Additional information on the Canadian Aviation Regulations can be found at: http://www.tc.gc.ca/eng/civilaviation/regserv/cars/about-1170.htm. For additional questions, contact the Civil Aviation Communications Centre at: 1-800-305-2059 or services@tc.gc.ca.

Commercial Vehicle Drivers Hours of Service Regulations

1. What is the purpose of this regulation?

This regulation contains the work and rest requirements for extra-provincial (i.e., having operations on a regular and continuous basis between the provinces and territories and/or  internationally) commercial motor vehicle (truck and bus) drivers operating in Canada.

2. What are the key elements of this regulation?

Key elements include maximum daily and cumulative driving and on-duty limits as well as minimum off-duty requirements.

3. How does this regulation affect Canadian businesses?

Canadian businesses that operate extra-provincial commercial motor vehicles are required to ensure that their drivers are operating in compliance with the regulations and are required to keep those compliance documents for at least 6 months.

4. What is the timeline for implementation?

The regulation is in full force.

5. Where can I get more information?

Phone 1-800-333-0371

6. Additional FAQs, as appropriate

A list of frequently asked questions and interpretations concerning this regulation can be found at:
http://ccmta.ca/images/publications/pdf//HoS_Application_Guide.pdf

Marine Personnel Regulations

1. What is the purpose of this regulation?

The Marine Personnel Regulations (the Regulations) are made pursuant to paragraphs 35(1)(d),(e) and (g), section 100 and subsection 120(1) of the Canada Shipping Act, 2001 (CSA 2001). 
The objectives of these Regulations include: promoting 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.

Specially, these Regulations prescribe requirements for qualifications, medical standards, training and certification of seafarers, including fishing vessels operators for having the appropriate number of qualified marine personnel on board vessels for safe and efficient operation, and establish minimum maritime labour standards.

2. What are the key elements of this regulation?

Part 1 of the Regulations applies to applicants for a certificate of competency or an endorsement. It establishes the mandatory requirements to obtain certification. Part 2 applies to all Canadian vessels everywhere and foreign vessels in Canadian waters. It clearly indicates the requirements for on board familiarization and safety training on board Canadian vessels. It establishes the minimum standards for the manning of vessels. Both Parts 1 and 2 of the Regulations revise and bring up to date the existing requirements for qualifications, training and certification of crew members and the requirements for the appropriate marine personnel on board vessels for safe and efficient operation.

Except where specified, Part 3 applies to Canadian vessels everywhere, foreign vessels in Canadian waters, and seafarer recruitment and placement services that recruit or place persons for work on Canadian vessels that will be engaged in near coastal voyages, Class 1, or unlimited voyages, as well as for foreign vessels. Moreover Part 3, entitled “Maritime Labour Standards”, establishes the labour working conditions and requirements on board vessels. These requirements are consistent with the Maritime Labour Convention, 2006 (the Convention), adopted in February 2006 by the International Labour Organization (ILO). It is important to note that the Regulations do not apply to pleasure crafts.

3. How does this regulation affect Canadian businesses?

These Regulations contribute to ensure that Canadian seafarers are in line with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), which will facilitate Canadian vessels to remain competitive at home and abroad.

The approach behind the certification and crewing provisions enhances the ability of individual crew members to move from one type of operation to another inside the maritime sector. It provides flexibility for seafarers to obtain further knowledge, skills, and formal training, and provides the option for seafarers to work in other maritime sectors, which gives them the opportunity to acquire a different or a more advanced certificate.

4. What is the timeline for implementation?

These Regulations, pursuant to the Canada Shipping Act, 2001, entered into force July 1, 2007, and were last amended in August 2013.

5. Where can I get more information?

Additional information can be found on the Transport Canada website (http://www.tc.gc.ca/eng/menu.htm) or on the Department of Justice website (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-115/index.html).

Small Vessel Regulations

1. What is the purpose of this regulation?

The Small Vessel Regulations are designed to improve safety on the water. This Regulation establishes the minimum technical and operational requirements governing the safe construction and operation of small vessels in Canada.

2. What are the key elements of this regulation?

The key elements of these Regulations include requirements for safety equipment and vessel construction in Canada.  The Regulations also provide the regulatory framework for the Pleasure Craft Licensing System and contain operational requirements for small vessel safety.

3. How does this regulation affect Canadian businesses?

These Regulations make it easier for manufacturers to build, certify and sell small vessels by including the construction requirements for pleasure craft with small non-pleasure vessels in one place.  They also provide small vessel owners with specific information on what is required to operate safely on Canadian waters.

4. What is the timeline for implementation?

These Regulations, pursuant to the Canada Shipping Act, 2001, entered into force April 29, 2010, and were last amended in December 2013.

5. Where can I get more information?

Additional information can be found on the Transport Canada website (http://www.tc.gc.ca/eng/menu.htm) or on the Department of Justice website (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2010-91/index.html).

Competency of Operators of Pleasure Craft Regulations

1. What is the purpose of this regulation?

The purpose of the Competency of Operators of Pleasure Craft Regulations is to improve safety on Canadian waterways through education and training.

2. What are the key elements of this regulation?

The Competency of Operators of Pleasure Craft Regulations require all operators of pleasure craft fitted with any type of motor and used for recreational purposes to carry proof of competency on board.  Proof of competency indicates the boater has a basic level of boating safety knowledge required for safe recreational boating.  These Regulations also establish requirements for the accreditation for course providers to offer services related to the Pleasure Craft Operator Card, the most common form of proof of competency.

3. How does this regulation affect Canadian businesses?

Transport Canada accredits course providers to deliver boating safety courses and administer tests for the issuance of Pleasure Craft Operator Cards, including replacement cards, under the Competency of Operators of Pleasure Craft Regulations.

4. What is the timeline for implementation?

These Regulations, pursuant to the Canada Shipping Act, 2001, entered into force January 15, 1999, and were last amended in December 2013. 

5. Where can I get more information?

Additional information can be found on the Transport Canada website (http://www.tc.gc.ca/eng/menu.htm) or on the Department of Justice website (http://laws-lois.justice.gc.ca/eng/regulations/SOR-99-53/). 

Transportation of Dangerous Goods Regulations

1. What is the purpose of the Transportation of Dangerous Goods (TDG) Regulations?

The purpose of the Transportation of Dangerous Goods (TDG) Regulations is to promote public safety when dangerous goods are being handled, offered for transport or transported.

2. What are the key elements of the TDG Regulations?

The TDG Regulations are a set of rules that prescribe safety standards and shipping requirements for thousands of different dangerous goods. The Regulations also provide a means of communicating the nature and level of danger associated with these dangerous goods.

The TDG 'Clear Language' Regulations came into effect on August 15, 2002. These new regulations replace the previous regulations that were developed in the early 1980s. This legislation is applicable to all modes of transport (i.e. road, rail, marine and air) in Canada.

3. How do these Regulations affect Canadian businesses?

Any person who handles, offers for transport or transports dangerous goods must comply with the TDG Regulations. Therefore, Canadian businesses involved in the handling, offering for transport or transportation of dangerous goods must ensure that they adhere to the requirements found in the Regulations.

4. What is the timeline for implementation?

The TDG Regulations are currently implemented.

5. Where can I get more information?

You can get more information by visiting the TDG web page at the following link: www.tc.gc.ca/tdg. You will also find other useful information under the FAQ section.

Canadian Aviation Security Regulations, 2012

1. What is the purpose of the Canadian Aviation Security Regulations, 2012?

The purpose of the Canadian Aviation Security Regulations, 2012 is to prevent, detect, prepare for, respond to and recover from acts of interference with aviation.  They inform the public and industry (e.g., airport operators, airlines, employees, airport tenants, the Canadian Air Transport Security Authority) of their obligations with respect to aviation security.  These regulations also help to align Canada’s aviation security program with international requirements.

2. What is the difference between classes of airports?

Class 1 aerodromes are larger airports in terms of size and operations while Class 2 and 3 aerodromes are airports with smaller operations.

3. What is a designated aerodrome?

A designated aerodrome is an aerodrome where the Canadian Air Transport Security Authority is authorized to conduct security screening.

4. What is the difference between the Canadian Aviation Security Regulations, 2012 and the Canadian Aviation Regulations?

The Canadian Aviation Security Regulations, 2012 regulate matters related to aviation security (i.e., passenger and baggage screening, restricted area access controls, air carrier incident reporting, etc.) whereas the Canadian Aviation Regulations address aviation safety matters (i.e., operation and flight rules, air navigation services, airworthiness, etc.).

5. What are the key elements of the Canadian Aviation Security Regulations, 2012?

The Canadian Aviation Security Regulations, 2012 include, but are not limited to, requirements regarding:

  • screening persons and goods;
  • airport restricted areas and access control systems;
  • procedures for responding to threats;
  • aviation security programs;
  • information and incident reporting; and
  • prohibitions and restrictions for weapons and explosives.
6. Where can I get more information?

For general inquiries, please contact:
Phone: 613-990-2309
Toll Free: 1-866-995-9737
Teletypewriter (TTY): 1-888-675-6863
Fax: 613-954-4731

Mailing Address:
Transport Canada
330 Sparks Street
Ottawa, ON

http://www.tc.gc.ca/eng/contact-us.htm#freq

Marine Transportation Security Regulations

1.What is the purpose of this regulation?

The Marine Transportation Security Regulations (MTSR) came into force on July 1, 2004 and was created as part of the international community’s response to the events of September 11, 2001.

When the International Maritime Organization adopted the International Ship and Port Facility Security Code (ISPS Code) and other amendments to the International Convention for Safety of Life at SeaConvention, 1974 (SOLAS Convention), Canada and other contracting governments developed regulations based on the ISPS Code to ensure a consistent approach to maritime security. 

The purpose of these regulations is to enhance the international framework for the deterrence, prevention and detection of acts that may threaten security in the marine transportation sector as well as to harmonize Canadian regulatory regime with the U.S. regime.  These regulations were developed to meet Canada’s obligations to implement the International Maritime Organization’s International Ship and Port Facility Security (ISPS) Code in order to align our regulatory approach with that of the international maritime community as a whole. 

2. What are the key elements of this regulation?

Key elements of the Marine Transportation Security Regulations include:

  • Responsibilities and requirements for marine facility, port and vessel operators and personnel;
  • Responsibilities and requirements to conduct, develop and implement security assessments and security plans;
  • Requirements for access control and restricted areas;
  • Requirements for response procedures at all MARSEC levels based on the type of business or operation being conducted;
  • Reporting requirements for marine facilities, ports and vessels;
  • Establishment of restricted areas and monitoring specific to the type of business or operation; and,
  • The requirements and procedures for the detection, prevention and response during a security breach, incident or threat.
3. How does this regulation affect Canadian businesses?

There are significant benefits to implementing these Regulations, which maintain Canada’s marine trade, as they ensure compliance with the ISPS Code. Failure to do so would likely be viewed as a default on an international commitment to maintain security in the marine transportation sector which would discourage commercial activity at Canadian marine facilities and ports, and would experience delays or restrictions when entering the waters of nations that have implemented the ISPS Code.

The resources associated with the implementation of the Regulations, most significantly include,

  • the requirement to arrange for and carry out vessel, marine facility and port security assessments;
  • development, implementation and maintenance of security plans which involve expenses for vessel and marine facility operators and port administrations; and
  • providing appropriate security training for vessel personnel.
4. What is the timeline for implementation?

The Marine Transportation Security Regulations, pursuant to the Marine Transportation Security Act, came into force on May 21, 2004, and were last amended on June 19, 2014.

5. Where can I get more information?

Additional information can be found on the Transport Canada website at (http://www.tc.gc.ca/eng/menu.htm) or on the Department of Justice website (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2004-144/).

The last amendments to the Marine Transportation Security Regulations, which came into force on June 19, 2014, were published online in the Canada Gazette on July, 2, 2014 (http://www.gazette.gc.ca/gazette/home-accueil-eng.php).

6. What are some of the recent amendments for the Marine Transportation Security Regulations?

On June 19, 2014, the Marine Transportation Security Regulations were amended to:

  • Incorporate provisions from the International Maritime Organization (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) with respect to security training for all vessel personnel;
  • Further align with the United States’ regulatory regime and address Red Tape Reduction and advance trade between the two countries;
  • Ease regulatory compliance and financial burden, and improve efficiency and flexibility for operators; and
  • Address various interpretation issues and regulatory gaps identified by both industry and the department.
7. Who does the Marine Transportation Security Regulations apply to?

The Marine Transportation Security Regulations apply to:

  • SOLAS AND non-SOLAS vessels in Canada engaged in international voyages (Canadian or Foreign);
  • Ports, marine facilities, that interface with internationally travelling SOLAS and non-SOLAS vessels;
  • Persons working in the international marine industry carrying out marine activities (e.g. operators of marine facilities, ports and vessels, crew and officers on board ships); and
  • Passengers at marine facilities, ports and on board vessels subject to the regulations.

For greater clarity, these regulations do not apply to pleasure craft, fishing and government vessels, domestic ferries or vessels without a crew that are in dry dock, dismantled or laid-up or Canadian SOLAS and non-SOLAS vessels conducting voyages between marine facilities in Canada.

Motor Vehicle Restraint Systems and Booster Seats Safety Regulations

1. What is the purpose of this regulation?

This regulation specifies the testing requirements to provide a mandated level of safety for restraint systems for infants, children, and disabled persons, and for booster seats sold in Canada.  

2. What are the key elements of this regulation?

Key elements include the dynamic and static testing requirements as well as instruction manual and labeling requirements.

3. How does this regulation affect Canadian businesses?

Any Canadian manufacturer or importer that desires to sell restraint systems for infants, children, and disabled persons, or booster seats in Canada must ensure that their products conform to these regulations.  In the event of a safety related defect that they identify in their products, the manufacturers and importers are required to inform the public and provide information on how it can be corrected.

4. What is the timeline for implementation?

These regulations are in full force and all new restraint systems for infants, children, and disabled persons, or booster seats sold or imported into Canada must meet these regulations at the time of their manufacture. 

5. Where can I get more information?

More information can be obtained by
Phone: 1-800-333-0371
Email: mvs-sa@tc.gc.ca

Railway Safety Management System Regulations

1. What is an SMS?

A “safety management system” is a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes.

A safety management system (SMS) requires railways to take responsibility for managing the safety of their operations by identifying hazards, assessing the level of risk they represent and taking measures to mitigate those risks, while building a safety consciousness into their day-to-day operations.  Basic components of a SMS normally include: a safety policy; safety targets; risk assessment process; and internal audit and evaluation procedures.

2. What is the purpose of this regulation?

The intention of SMS is not to replace the existing regulatory and oversight framework, but rather to increase safety by having railways put formal systems in place to proactively identify and address safety concerns before Transport Canada’s intervention, and before major safety issues arise. In addition, railways implementing SMS should not only be looking to comply with the Railway Safety Act and its related instruments, but, moreover, should be working to build a safety culture at all levels in their organization to achieve the highest level of safety.

3. What are the key elements of this regulation?

The 12 required components of a railway safety management system are:

  1. Safety Policy, Annual Safety Targets and Associated Safety Initiatives
  2. Safety Authorities, Responsibilities and Accountabilities
  3. Employee and Representative Involvement
  4. Compliance with Applicable Regulations, Rules, Standards and Orders
  5. Risk Management Process
  6. Risk Control Strategies
  7. Accident and Incident Reporting, Investigation, Analysis and Corrective Action
  8. Skills, Training and Supervision
  9. Safety Performance Data Collection and Analysis
  10. Safety Audit and Evaluation
  11. Corrective Action, Approval and Monitoring
  12. Documentation
4. How does this regulation affect Canadian businesses?

Currently, the Railway Safety Management System Regulations apply to federal railway companies that hold a certificate of fitness. 

5. What is the timeline for implementation?

The current Railway Safety Management System Regulations have been in force since 2001. On July 5th, 2014 a proposed updated Railway Safety Management System Regulations was pre-published in Canada Gazette Part 1. Transport Canada will consider the comments made during the comment period; make any necessary changes to the proposed regulations and aims to have the updated regulations published in 2015.

6. Where can I get more information?

Transport Canada has worked with industry to develop guidance materials for the 2001 SMS regulations. This guidance is available on our website at: https://www.tc.gc.ca/eng/railsafety/guide-sms.htm

7. How are the current regulations enforced?

Transport Canada’s oversight program continues to use a combination of inspection activities to verify compliance, and audits to verify the effectiveness of a company’s SMS.

8. Is SMS self regulation?

No, SMS supplements the existing legislative framework. Transport Canada continues to conduct inspections on the existing Rules and Regulations, and would as well for the Railway Safety Management System Regulations. The intention of SMS is not to replace the existing regulatory and oversight framework, but rather to increase safety by having railways put formal systems in place to proactively identify and address safety concerns before Transport Canada’s intervention, and before major safety issues arise.

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