Frequently Asked Questions

• What is the Canada Shipping Act, 2001?
• Why a new Act?
• How does the CSA 2001 “promote the sustainable growth of the marine shipping industry without compromising safety”?
• What are the objectives of the CSA 2001?
• What are the major differences between the old CSA and the CSA 2001?
• Why did it take so long for the CSA 2001 to come into force?
• Which Regulations are completely new?
• How did Transport Canada “update” the CSA to achieve the CSA 2001?
• What happened to the Board of Steamship Inspection that existed under the old CSA?
• What happened to Board of Steamship Inspection Decisions when the CSA 2001 entered into force?
• Which regulations are considered to be part of the first phase of the CSA 2001 Regulatory Reform?
• Which of the regulations were essential to the coming into force of the CSA 2001?
• There are three regulations that indicate they have been repealed. What does this mean?
• WHY are the following regulations “repealed”?
• Why are the Ships Tonnage Survey and Measurement Fees Regulations considered no longer valid?
• There appear to be only a few regulations under the new CSA 2001. Are all the regulations that existed under the old CSA, which weren't repealed, still in force?
• What regulations will enter into force over the next few years?
• Why isn’t Transport Canada ready to launch all of the remaining regulations?
• Where can I go for more information about the CSA 2001 and its regulations?

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What is the Canada Shipping Act, 2001?

On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the Canada Shipping Act (CSA) as the principal legislation governing safety in marine transportation and recreational boating, as well as protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (from canoes and kayaks to cruise ships and tankers). The CSA 2001 promotes the sustainable growth of the marine shipping industry without compromising safety.

The CSA was one of Canada’s oldest pieces of legislation, and was based on the British Merchant Shipping Act of 1894. It had been amended many times over the years and had become difficult to use and in need of reform. The CSA 2001 represents a greatly updated and streamlined version of the old CSA, making it more user-friendly and much easier to reference and understand.

Why a new Act?

The old CSA was more than 100 years old and was consequently outdated.

Vessels are now being operated in new and different ways than they were originally designed; there is an increased international focus on environmental protection; and, new technologies have allowed for improved safety measures. Therefore, technological and environmental developments have also required a completely new piece of legislation.

How does the CSA 2001 “promote the sustainable growth of the marine shipping industry without compromising safety”?

The CSA 2001 represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This means, for example, regulations have been re-written in plain language and information is consolidated by topic and regulation. Prescriptive detail that was once found in the Act is now in the regulations, which allows for a more performance-based approach.

The CSA was too prescriptive, with too many technical details, and contained requirements that were best left to regulations, standards and guidelines. The CSA 2001 is therefore more responsive to a changing marine industry.

The CSA 2001 makes use of modern legislative practices such as risk management techniques, which will allow safe operators to take advantage of provisions that could further reduce their operating costs without compromising safety or the environment.

The CSA 2001 is also much more compact. For instance, there are approximately 800 sections in the current CSA whereas the CSA 2001 has but 334 sections. Added to that, is the fact that definitions have been reduced from 205 to only 33.

What are the objectives of the CSA 2001?

The objectives of the CSA 2001 are to:

• Protect the health and well-being of individuals, including the crews of vessels who participate in marine transportation and commerce;
• Promote safety in marine transportation and recreational boating;
• Protect the marine environment from damage due to navigation and shipping activities;
• Develop a regulatory scheme that encourages viable, effective and efficient marine transportation on Canadian waters for commerce and recreation;
• Promote an efficient marine transportation system;
• Ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;
• Encourage the harmonization of marine practices; and
• Establish an effective compliance promotion program.

What are the major differences between the old CSA and the CSA 2001?

Foremost, the CSA 2001 and associated regulations are less prescriptive and more performance-based, stating the desired result without limiting the ways the outcome can be achieved.

They also:

• enhance safety and provide better protection for the marine environment with more focus on owner and operator responsibilities;
• shift from an inspection-based regime to a compliance-based regime;
• introduce a new method of enforcement, the Administrative Monetary Penalties (AMPs);
• replace the Board of Steamship Inspection with the new Marine Technical Review Board; and
• establish a new set of voyage classifications.

Why did it take so long for the CSA 2001 to come into force?

The reform of the Canada Shipping Act was initiated in 1997 and evolved on two tracks. The first track resulted in Bill C-15, which received Royal Assent in June 2001 and revised provisions dealing with ship ownership, registration, and mortgages. It also added a preamble to clarify the Act’s objectives and interpretation. The second track resulted in Bill C-14, which received Royal Assent on November 1, 2001 as the Canada Shipping Act, 2001.

Following Royal Assent of the CSA 2001, a regulatory reform initiative was launched to develop the supporting regulations required to bring the new Act into force. This process involved extensive and thorough consultations with a wide range of marine stakeholders.

Consultations of this nature, and analysis of the impact of proposed regulations take time. However Transport Canada believes that the extra time spent in developing these proposed regulations will result in a safer marine industry.

Which Regulations are completely new?

The following regulations are new:

• Administrative Monetary Penalties: These regulations are completely new to the marine sector. The introduction of AMPs will allow Marine Safety to deal administratively with infractions rather than having to always resort to judicial remedies for non-compliance. AMP appeals can be made to the Transportation Appeal Tribunal of Canada (TATC).

• Marine Personnel Regulations (Part 3): Part 3 establishes the labour working conditions on vessels for the well-being and safety of crew members. Under the CSA, the Part 3 requirements were found within the Act itself. Part 3 requirements under the CSA 2001 have been moved into the Marine Personnel Regulations. The requirements for Part 3 have been updated and are aligned international conventions. New requirements under Part 3 include new requirements for seafarer recruitment and placement services and the development of new onboard complaint procedures for seafarers.

• Vessel Certificates Regulations: These Regulations provide the authority to inspect the ship to ensure that all conditions for the issuance of a certificate have been met and provide objective criteria to suspend or cancel certificates where those conditions are not met. A new voyage classification system is also established in the Vessel Certificates Regulations. Voyage classifications were once found in various sections of the former CSA and its regulations. Consolidating voyage classifications in a new set of regulations allows for a higher level of consistency in application. This new voyage classification system adopts a risk-based approach.

• Vessel Clearance Regulations: These regulations set out – in one place – the documents required for a commercial vessel to be granted clearance to leave Canadian waters. The requirements to obtain these “vessel clearance” documents were previously found in more than 50 legislative provisions under the former CSA.

• Vessel Detention Orders Review Regulations: These new regulations allow vessel owners to request that the new Marine Technical Review Board, look into a detention order against their vessels. This Board has the authority to revoke a vessel detention order.

The following aspects are new:

• Marine Technical Review Board: This new Board replaces the Board of Steamship Inspection and is more focused on technical matters, such as exemptions, equivalencies and resolving technical disputes. This new Board therefore allows for a more accountable, standardized and transparent review of applications where vessel operator request exemption from – or equivalency for – regulatory requirements.

How did Transport Canada “update” the CSA to achieve the CSA 2001?

The CSA 2001 regulatory reform process has involved the review of over 100 regulations that were made under the old CSA.

This regulatory reform is being conducted in two phases:

The first phase, which is now winding down and being implemented, included the reform of those regulations that were inconsistent with the provisions of the CSA 2001, as well as those that were deemed to have a substantial impact on safety and the environment. Many of the regulations included in the first phase came into effect at the same time as the CSA 2001, and the remainder will be implemented over the next two years.

The second phase consists of a modernization of those regulations that are not critical to the new Act’s entry into force but that will benefit from reform. This second phase was formally launched when the CSA 2001 came into force on July 1, 2007, and will continue over the course of the following few years.

Once Transport Canada marine safety experts draft a new or modernized regulation – in consultation with the marine industry, it is published twice in the Canada Gazette. The Canada Gazette is the official publication of the Government of Canada and it notifies the public of proposed legislation and regulations. There is a mandatory comment period after publication in Part I of the Canada Gazette, where public have the opportunity to provide feedback to Transport Canada. The regulation becomes law when it is published in Part II of the Canada Gazette.

Extensive consultations were held – and are ongoing – with various marine stakeholder groups from across the country from the beginning to the end of the reform process. These consultations start with the identification of issues and concerns and continue through to the development of regulatory solutions. The “Canadian Marine Advisory Council”, for instance, meets biannually in Ottawa and normally twice in each Transport Canada region, providing a consultation forum for marine safety stakeholders.

Therefore, the development and modernization of the CSA 2001 was a collaborative project between the Government of Canada and marine stakeholders internationally.

What happened to the Board of Steamship Inspection that existed under the old CSA?

Under the CSA 2001, the new Marine Technical Review Board (MTRB) replaces the former Board of Steamship Inspection. The MTRB has been established under the CSA 2001 to make decisions on applications for exemption from, or equivalencies to, regulatory requirements in respect of Canadian vessels or the issuance of a Canadian Maritime Document (CMD) to a person.

The MTRB differs from the Board of Steamship Inspection in a number of ways. For example:

• Panels will be struck to review applications for decisions of the MTRB. Anyone who has expertise in the matter under review can be appointed as a member of these panels.
• Inspectors will no longer automatically become MTRB members. They may, however, be appointed by the Chair to serve on panels making decisions on specific applications.
• MTRB will publish all positive decisions regarding exemptions and equivalencies.
• While the MTRB will not have legislative authority to resolve disputes, it will consider disputes on technical matters, under the authority of the Minister. This is a process of dispute resolution that does not change the legal rights of affected parties.
• The MTRB will decide on applications for reviews of vessel detention orders under the Vessel Detention Orders Review Regulations.
• The MTRB Chair is not responsible for supervising marine safety inspectors or for investigating their possible negligence, or for vessel inspection.
• MTRB members will not make decisions on structural strength and suitability concerning the safety of hulls, machinery and equipment.

What happened to Board of Steamship Inspection Decisions when the CSA 2001 entered into force?

All decisions made by the Board of Steamship Inspection will expire five years after the entry into force of the CSA 2001. The entry into force of the CSA 2001 occurred on July 1, 2007.

Which regulations are considered to be part of the first phase of the CSA 2001 Regulatory Reform?

There are 24 regulations considered to be part of the first phase of the CSA 2001 Regulatory Reform. These include:

1. Administrative Monetary Penalties Regulations
2. Aids to Navigation Protection Regulations (Repealed)
3. Ballast Water Control and Management Regulations (CSA)
4. Cargo, Fumigation and Tackle Regulations
5. Collision Regulations
6. Competency of Operators of Pleasure Craft Regulations (CSA)
7. Environmental Response Regulations
8. Fire Safety Regulations
9. Fishing Vessel Safety Regulations
10. Heritage Wreck Regulations
11. Load Line Regulations
12. Marine Personnel Regulations
13. Publication of Standards Regulations (Repealed)
14. Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals (CSA)
15. Safety Management Regulations
16. Shipping Inquiries and Investigations Rules (Repealed)
17. Ship’s Tonnage Survey and Measurement Fees Tariff (No longer valid)
18. Small Vessel Regulations
19. Vessel Certificates Regulations
20. Vessel Clearance Regulations
21. Vessel Detention Orders Review Regulations
22. Vessel Operation Restriction Regulations
23. Vessel Registration and Tonnage Regulations
24. Vessels Registry Fees Tariff (formerly known as Ships Registry and Licensing Fees Tariff)

Which of the regulations were essential to the coming into force of the CSA 2001?

Ten of the regulations were essential to the entry into force of the CSA 2001:

1. Ballast Water Control and Management Regulations (CSA)
2. Cargo, Fumigation and Tackle Regulations
3. Load Line Regulations
4. Marine Personnel Regulations
5. Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals (CSA)
6. Vessel Certificates Regulations
7. Vessel Clearance Regulations
8. Vessel Detention Orders Review Regulations
9. Vessel Registration and Tonnage Regulations
10. Vessels Registry Fees Tariff (formerly known as Ships Registry and Licensing Fees Tariff)

There are three regulations that indicate they have been repealed. What does this mean?

Three Regulations, including Aids to Navigation Protection, Publication of Standards Regulations and Shipping Inquiries and Investigations Rules Regulations are being repealed. It means that those regulations will no longer exist under the CSA 2001.

WHY are the following regulations “repealed”?

Aids to Navigation, Protection Regulations (Repealed):
These regulations were repealed because the key provisions of the regulations can now be found in the new Act itself. The purpose of these regulations was, under the CSA, and is under section 129 of the CSA 2001 to help ensure that aids to navigation function properly and remain in the proper place.

Publication of Standards Regulations (Repealed)
Under the old CSA, there was a requirement to publish notices in the Canada Gazette for standards to be referenced. This requirement has been put directly into Section 22 of the CSA 2001 and therefore, there is no longer a need for these Regulations.

Shipping Inquiries and Investigations Rules (Repealed)
These Regulations were originally created to provide information concerning preliminary inquiries and formal investigations into shipping casualties and related matters. However, in 1990, the Canadian Transportation Accident Investigation and Safety Board of Canada (TSB) was created as an independent agency to advance transportation safety through the investigation of occurrences and the compilation of accident statistics. Because the functions of the TSB include those found in the “Rules,” the need for these rules was eliminated.

Why are the Ships Tonnage Survey and Measurement Fees Regulations considered no longer valid?

These Regulations were originally created to establish fees in regard to the survey and measurement of the tonnage of ships. However, there is no legislative authority for these Regulations under the CSA 2001, which means they are no longer considered valid. Under the CSA 2001, these Regulations are considered spent Regulations, and therefore no longer exist.

There appear to be only a few regulations under the new CSA 2001. Are all the regulations that existed under the old CSA, which weren't repealed, still in force?

A number of updated and new regulations entered into force with the new Act on July 1, 2007. Regulations that existed under the old CSA that have not yet been reformed, and that are not inconsistent with the new Act, are still in effect under the CSA 2001.

What regulations will enter into force over the next few years?

The following regulations will enter into force over the next few years:

• Administrative Monetary Penalties Regulations
• Boat & Fire Drill and Means of Exit Regulations
• Collision Regulations and the Canal Regulations
• Environmental Response Regulations
• Fire Safety Regulations
• Fishing Vessel Safety Regulations
• Life Saving Equipment Regulations
• Navigation Safety Regulations
• Occupational Health & Safety and Crew Accommodation Regulations
• Regulations Prescribing things for the Purpose of Section 2 of the CSA 2001
• Special-purpose Vessels Regulations
• Small Vessel Regulations
• Vessel Construction and Equipment Regulations and Standards
• Vessel Operation Restriction Regulations

Why isn’t Transport Canada ready to launch all of the remaining regulations?

Given the size and complexity of the CSA 2001, the launch was divided into two phases.

The first phase, which is now winding down and being implemented, included the reform of those regulations that were inconsistent with the provisions of the CSA 2001, as well as those that were deemed to have a substantial impact on safety and the environment. The second phase consists of a modernization of those regulations that are not critical to the new Act’s entry into force but that will benefit from reform.

Industry representatives indicated that they want to make a significant contribution in the development of the proposed new regulations. Extensive and thorough consultations of this nature, and analysis of the impact of the proposed regulations take time. Transport Canada believes that the extra time spent in developing these proposed regulations will result in a safer marine industry.

Where can I go for more information about the CSA 2001 and its regulations?

For more information about the CSA 2001 and its regulations, please visit: www.cmac-ccmc.gc.ca. Copies of the CSA 2001and its regulations are available at: http://www.tc.gc.ca/acts-regulations/acts/2001c26/menu.htm. You may also contact your local Transport Canada Centre, or call toll free 1-866-879-9902 or in the National Capital Region, 613-998-7764.