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  5. Canada Shipping Act, 2001 (CSA 2001)
  6. Comparison Between the Board of Steamship Inspection (CSA)and the Marine Technical Review Board (CSA 2001)

Comparison Between the Board of Steamship Inspection (CSA)and the Marine Technical Review Board (CSA 2001)

Board of Steamship Inspection (CSA) Marine Technical Review Board (CSA, 2001)
S. 304 Board of Steamship Inspection, composed of Steamship inspectors and such other persons as the Minister may appoint. S. 26 (1) Establishes the Marine Technical Review Board.
S. 26(2) Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.
CSA, 2001, The Chair and Vice-Chairs must be employees of Transport Canada with expertise in marine matters. There is no requirement that they be Marine Safety Inspectors. CSA, 2001, The Chair and Vice-Chairs must be employees of Transport Canada with expertise in marine matters. There is no requirement that they be Marine Safety Inspectors.
S. 301 GIC may appoint persons to inspect and a person so appointed will be referred to as a steamship inspector S. 11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

S. 302 Before being appointed, steamship inspectors must pass an examination before the Board of Steamship Inspection and has obtained a certificate to that effect from the Chairman of the Board.

S. 11. (2) The Minister may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act.
S. 11. (3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation.
The MTRB is not involved in the appointment or examination of Marine Safety Inspectors or their certification. The MTRB is not involved in the appointment or examination of Marine Safety Inspectors or their certification.
S. 304(2) GIC may appoint any member of the Board to be Chairman.
S. 304(3) Three members of the Board, one of whom is the Chairman, form a quorum.
  1. The Chairman can vote at meetings of the Board and in case of an equal division has a casting vote.
S. 308(1) One or two Deputy Chairmen will be picked from the members of the Board by the Minister.
(2) Powers of the Deputy Chairmen.
The Deputy Chairman has all the same powers and duties of the Chairman in the event that the Chairman is unavailable. 		S. 26. (2) The Board consists of a Chair, National Vice-Chair and a maximum of five Regional Vice-Chairs.
S. 26(3) The Chair is appointed by the Minister of Transport and must be an employee of the Department who has expertise in marine matters.
S. 26(4) The Chair appoints Vice-Chairs who must be T.C. employees with expertise in marine matters.
S.26. (5) The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.
S. 26. (6) The National Vice-Chair may exercise all the powers and perform the duties of the Chair in the Chairs absence.
S. 27(1) The Chair must strike a panel of at least three persons.
S. 27(2) Each panel consists of the Chair and the persons appointed by the Chair.
S. 27(3) Any person appointed to a panel, other than the Vice-Chair, must have expertise in the matter in respect of which the panel is struck.
27. (5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.
27. (6) A decision of a panel is a decision of the MTRB.
The Chair is now appointed by the Minister not the GIC.
The Chair (not the Minister) appoints the Vice-Chair and other persons to sit on a panel.
There is now a National Vice-Chair and up to 5 Regional Vice-Chairs. The Chair can delegate the Chair’s powers and duties to the National Vice-Chair. Persons appointed to the panel, other than a Vice-Chair, must have expertise in the subject matter being reviewed. 		The Chair is now appointed by the Minister not the GIC.
The Chair (not the Minister) appoints the Vice-Chair and other persons to sit on a panel.
There is now a National Vice-Chair and up to 5 Regional Vice-Chairs. The Chair can delegate the Chair’s powers and duties to the National Vice-Chair. Persons appointed to the panel, other than a Vice-Chair, must have expertise in the subject matter being reviewed.
Duties of the BoardS. 305(2) It shall be the duty of the Board
(2)(a) To give decisions of the structural strength and suitability concerning the safety of hulls, machinery and equipment where unusual features are presented;
(b) To give decisions on matters arising under Part V, Safety, as may be referred to it by the Chairman; and
(c) To examine candidates for the position of steamship inspector.
305. (2.1) 		S. 26. (1) For the purpose of ensuring the safety of the marine industry, the MTRB is hereby established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.
Under CSA the duties of the MTRB have changed from the duties of the Board under the CSA.  MTRB members will not make decisions on the structural strength and suitability of safety hulls, machinery and equipment. The MTRB decisions are focused on applications for an exemption from or replacement of any requirement under the regulations in respect of a Canadian vessel or on applications for an exemption or replacement of any requirement concerning the issuance of a CMD to a person other than one with respect to fees. The new powers are similar to 305(2.1) under the CSA but with the limitations mentioned above. Under CSA the duties of the MTRB have changed from the duties of the Board under the CSA.  MTRB members will not make decisions on the structural strength and suitability of safety hulls, machinery and equipment. The MTRB decisions are focused on applications for an exemption from or replacement of any requirement under the regulations in respect of a Canadian vessel or on applications for an exemption or replacement of any requirement concerning the issuance of a CMD to a person other than one with respect to fees. The new powers are similar to 305(2.1) under the CSA but with the limitations mentioned above.
Exemptions and Equivalent Standards. 305(2.1) application made in writing, the Board may, in writing;
  1. exempt any ship from complying with any provision of the regulations made under this Act relating to design, construction, equipment, radio equipment, machinery, inspection, manning or operation of ships, where the Board feels an exemption is necessary or desirable; or
  2. permit the substitution, for any such provision of the regulations, or any other provision provides a level of safety at least equivalent to that provided by compliance with that provision of the regulations.
S. 28. (1) Any person may, in respect of a requirement set out in a provision of the regulations made under this Act that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the MTRB for a decision to exempt the applicant from the requirement or to replace it with another requirement.
S. 28. (2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.
S. 28. (3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.
Duties of the ChairmanS. 305(1) The Chairman calls the meeting and a record of the proceedings shall be kept by the Chairman.
S. 306 The Chairman shall supervise the steamship inspectors and is responsible to the Minister for the administration of the law relating to steamship inspection.
S. 307(1) Any matter in dispute arising under this Act between the owner of a ship or any other interested party and a steamship inspector may be referred by either of them to the Chairman, who shall decide on the matter himself, or he can refer it to the Board for a decision.
S. 309 The Chairman may inspect steamships and if he suspects a steamship inspector of having neglected his duty in respect of at ship, he may call a meeting of the Board to investigate the case or he may investigate it himself with the results of the investigation being sent to the Minister.
S. 312 A steamship inspector shall keep a record of the inspections he makes and certificates he issues, in such form and with such particulars respecting them as the Chairman directs.
S. 317 Inspectors send inspection report to the Chairman of the Board.S. 318 In relation to inspections done by others, section 317, the Chairman if satisfied with the information shall issue for that ship an inspection certificate and the Safety Convention certificate that is appropriate to the class and intended service of that ship. The same applies to nuclear ships not Safety Convention ships.
S. 318. (1) Based on a report of inspection, the Chairman can issue an inspection certificate and a Safety Convention certificate for a Canadian Safety Convention ship that is a passenger ship or a nuclear ship.
(3) Based on a report of inspection in respect of a Canadian ship that is a nuclear ship, the Chairman can issue an inspection certificate.
(4) The Chairman shall maintain a register of all Safety Convention certificates issued under this section and mark each certificate to show that it has been registered.
S. 319. (3) For Canadian steamships that are not Safety Convention ships, the Chairman may direct that a survey or inspection by exclusive surveyor or other inspector be completed.
S. 322 (1) The Chairman may make a modification by memorandum to a Passenger Ship Safety Certificate.
S. 400(2) Inspection of ships tackle.
Inspectors of Ships’ Tackle shall perform their duties under the direction of the Chairman and in accordance with such regulations as may be made by the GIC. 		27. (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.
28. (5) The Chair is to notify the applicant of the decision to grant or deny the application.
28. (6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.
28. (8) With reference to decisions based on false or misleading information, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.28. (11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board’s operations in that year.
The Chairman of the MTRB will not have supervision responsibilities concerning marine safety inspectors nor will he be inspecting vessels or investigating possible negligence by inspectors. Inspectors will not send inspection reports to the MTRB. Unless the Minister delegates it, the MTRB will no longer be involved with inspections of any kind or in issuing Safety Convention certificates or keeping a register of Safety Convention certificates issued. The Chairman of the MTRB will not have supervision responsibilities concerning marine safety inspectors nor will he be inspecting vessels or investigating possible negligence by inspectors. Inspectors will not send inspection reports to the MTRB. Unless the Minister delegates it, the MTRB will no longer be involved with inspections of any kind or in issuing Safety Convention certificates or keeping a register of Safety Convention certificates issued.
Rules and RegulationsS. 305(3) The Board may make rules and regulations for its own conduct, for uniform inspection of steamships and for other purposes as are necessary under Part V. These Rules and Regulations are approved by GIC. RulesS. 28. (10) The Board must make rules respecting its procedures, with the approval of the Minister of Transport.
The Marine Technical Review Board will make rules respecting procedures that require the Minister’s approval whereas the Board of Steamship Inspection made rules and regulations requiring approval from the Governor in Council. The MTRB does not make regulations. The Marine Technical Review Board will make rules respecting procedures that require the Minister’s approval whereas the Board of Steamship Inspection made rules and regulations requiring approval from the Governor in Council. The MTRB does not make regulations.
DisputesS. 307 Any disputes between an owner or interested party and a steamship inspector may be referred by either of them to the Chairman, who will decide on the matter himself or he can refer it to the Board for a decision.  Also applies to disputes with port wardens.S. 307. (3) Owner or interested party if dissatisfied with decision of Chairman or Board can appeal to the Minister who will have the final say.
(4) Decisions are to be in writing. 		Appeals to the Transportation Appeal Tribunal of Canada (TATC)
S. 16, refusal to issue a CMD
S.20, notice of refusal to issue or renew, suspension, cancellation or non-renewal of CMDs**
NOTE: As per Section 270 of CSA, 2001, decisions of the Board of Steamship Inspection will be in effect for 5 years after implementation of Section 26 (MTRB) of CSA, 2001.It is TCMS policy that the administrative steps/procedures for an application to the Board of Steamship Inspection will be retained and used for applications to the MTRB. NOTE: As per Section 270 of CSA, 2001, decisions of the Board of Steamship
Inspection will be in effect for 5 years after implementation of Section 26 (MTRB) of CSA, 2001.It is TCMS policy that the administrative steps/procedures for an application to the Board of Steamship Inspection will be retained and used for applications to the MTRB.

** Under Ministerial authority, the MTRB will consider disputes on technical and other matters. Under Regulatory authority the MTRB will conduct reviews of vessel detention orders (safety detentions only), under the Vessel Detention Review Regulations.

Date modified:
2012-02-15