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Part 2 – CSA 2001 Regulations

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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:

  • Phase 1, 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 Phase 1 regulations came into effect at the same time as the CSA 2001, and the remainder will be implemented over the next two years.
  • Phase 2 consists of a modernization of those regulations that are not critical to the new Act’s entry into force but that will still benefit from reform. This second phase was launched when the CSA 2001 came into force on July 1, 2007, and will continue over the course of the following few years.

2-1 Summary of Phase 1 Regulations

As previously noted in the “Application of CSA 2001 Phase 1 Regulations by Vessel Type” table on pages 3-5, three CSA regulations were repealed because they were considered redundant. These repealed regulations were: Aids to Navigation Protection Regulations, Publication of Standards Regulations, and Shipping Inquiries and Investigations Rules. In addition, the Ship’s Tonnage Survey and Measurement Fees Regulations are no longer considered valid.

Following are details about the remaining 20 regulations that form Phase 1 of the regulatory reform:

(i) Administrative Monetary Penalties Regulations

  • These Regulations support a new enforcement mechanism and tools, called Assurances of Compliance (ACs) and Administrative Monetary Penalties (AMPs).
  • The Administrative Monetary Penalties Regulations apply to all vessel types with the exception of pleasure craft. They are expected to come into force in early 2008.
  • Administrative Monetary Penalties Regulations will establish a range of penalties against offences under the CSA 2001 and its supporting regulations.
  • AMPs provide more flexibility since they involve an administrative rather than judicial process of enforcement. Under the Administrative Monetary Penalties system, persons who previously would have been charged with an offence and required to attend criminal courts may now simply pay a monetary penalty to resolve the matter.
  • Persons against whom a penalty is imposed have the right to appeal the violation or the amount of the penalty to the Transportation Appeal Tribunal of Canada (TATC) – an independent body with legislative authority to hear appeals under the CSA 2001.
  • This alternative system of enforcement is more efficient and less expensive for all parties concerned.
Penalty Scheme for Non-Compliance with the CSA 2001 and its Supporting Regulations

* Penalty ranges are determined based on an assessment of the seriousness of each violation (low, medium or high). Within each low, medium and high category, the minimum amount for a first violation, the average amount for a second violation and the maximum amount for a third or subsequent violation are provided. This was done both for individuals and vessels/corporations.

Gravity 1st Violation 2nd Violation Subsequent Violation
Individual Vessel or Corporation Individual Vessel or Corporation Individual Vessel or Corporation
Low $250 $1,000 $500 $2,000 $1,000 $5,000
Medium $600 $3,000 $1,200 $6,000 $2,400 $12,000
High $1,250 $6,000 $2,500 $12,000 $5,000 $25,000

(ii) Ballast Water Control and Management Regulations

  • The purpose of the Ballast Water Control and Management Regulations is to require vessels to manage ballast water in a way that reduces potential invasions by non-indigenous organisms. These Regulations were developed under the old CSA but a new version will be available some time after the CSA 2001’s entry into force.
  • These Regulations apply to all vessels that are designed or constructed to carry ballast water (with some exceptions as identified in the Regulations).
  • There will be very little impact on stakeholders, as vessels that entered Canadian waters from outside Canada’s 200 nautical mile limit currently perform ballast water exchange as outlined in the “ Guidelines for the Control of Ballast Water Discharge from Ships in Waters under Canadian Jurisdiction” (TP 13617).
  • Vessels carrying only residual quantities of ballast will be required to manage their ballast appropriately if it is to be mixed with local water and subsequently discharged into Canadian waters.
What’s new:
  • In the past there were only the guidelines (TP 13617) for ballast water control and management. The suggested practices within the guidelines have become requirements under the new Regulations.
  • The Regulations specify that management of ballast added locally is now required where the residual ballast was not managed prior to taking on the local ballast water.
  • Vessels have four ballast water management options: exchange, discharge to a reception facility, treatment, or retention on board.
  • A new requirement now covers “disposal of sediments that have settled out at the bottom of a ballast water tank.” Sediments must be disposed of at a reception facility rather than being discharged over the side of the ship.
  • If a ship is unable to manage ballast as described in its ballast water management plan because of exceptional circumstances, the master must report this situation to Transport Canada within 96 hours before entering Canada’s territorial sea. If this is not possible, then the report must be made as soon as it becomes possible to do so. Transport Canada will then determine, in consultation with the vessel, what measures must be taken.

(iii) Cargo, Fumigation and Tackle Regulations

  • These Regulations, which came into force on July 1, 2007, update the standards and procedures for installations, maintenance and operations of vessel and shore based equipment in order to reduce the risk of incidents relating to cargo and lifting appliances.
  • These Regulations:
    • govern the loading, unloading and carriage of cargo for marine transportation, as it relates to the safety of vessels (including equipment) and persons on board;
    • provide for the safe fumigation practices on Canadian vessels everywhere and foreign vessels in Canadian waters; and
    • specify safe practices for using cargo gear in material handling and shore based power-operated ramps and accommodation ladders used to access vessels.
  • The Regulations will have little impact on Safety Convention vessels, as the International Convention for the Safety of Life at Sea (SOLAS) provisions are substantially similar to them.
What’s new:
  • Individuals on domestic vessels and on some terminals may have to familiarize themselves with the SOLAS requirements if they are not already following these, including safe loading and cargo handling operations and procedures in relation to conformity to hull stress requirements, loading manuals and loading instruments.

(iv) Collision Regulations

  • The Collision Regulations promote uniform measures and the safe conduct of vessels by giving effect to the Convention on the International Regulations for the Prevention of Collisions at Sea, 1972 (COLREG Convention), and include Canadian modifications to that Convention.
  • The Regulations describe the navigation conduct to be followed, steering and sailing rules to be applied, and the sound and light signals to be used by every vessel in Canadian waters, in fishing zones, and in shipping safety control zones, and by every Canadian vessel anywhere to avoid a collision situation.
  • These Regulations are being amended and are expected to come into force in late 2007.
  • The amendments to the Collision Regulations are being made for the purpose of concordance with the provisions of the CSA 2001 and to improve clarity.
What’s new:
  • Most vessels are already compliant with these Regulations, but the wording is being improved to make them clearer.

(v) Competency of Operators of Pleasure Craft Regulations

  • The purpose of these Regulations is to establish competency requirements for operators of pleasure craft fitted with a motor and used for recreational purposes. The Regulations are designed to reduce the number of boatingrelated incidents and fatalities through education and training. They also include accreditation requirements for course providers who deliver boating safety courses and tests, and who issue Pleasure Craft Operator Cards (PCOC).
What’s new:
  • Introduction of stricter requirements relating to the administration of the boating safety test and issuance of PCOC.
  • Issuance of a PCOC to holders of some commercial certificates.
  • In 2008, further amendments to the Regulations will be introduced. These will include:
    • a new accreditation framework for course providers based on a quality management system;
    • a national database system on card holders;
    • transfer of age and horsepower restrictions from the Boating Restriction Regulations to the Competency of Operators of Pleasure Craft Regulations;
    • certification and crewing requirements for pleasure craft 20 metres and above to be added to the Regulations; and
    • an international 24 metre limit for pleasure craft without certified crew to be reviewed and updated as required.

(vi) Environmental Response Regulations

  • These Regulations deal with matters related to preparedness and response to marine spills from vessels and oil handling facilities.
  • The requirements for environmental response applies to all Canadian waters, which include all inland waters and waters out to 200 nautical miles. It applies to vessels and oil handling facilities in those waters and to certified response organizations and response organizations seeking certification. It does not apply to vessels engaged in the location and removal of oil and gas from the seabed of internal waters, the territorial sea or the continental shelf of Canada. The Canada Oil And Gas Operations Act governs these activities, which is the responsibility of the Minister for Natural Resources Canada.
  • These Regulations are being amended and are expected to come into force in 2008.
  • The Regulations are broken into four parts - one general part (Part 1), and three parts that address the following:
    • Part 2 - Response Organizations: Response organizations require a certificate in order to offer arrangements to vessels and oil handling facilities that are required to have an arrangement for spill response.
    • Part 3 - Oil Handling Facilities: This addresses the procedures, equipment and resources that an oil handling facility will use when a vessel is at the facility location loading or unloading oil.
    • Part 4 - Vessels: This requires certain vessels transporting oil and oil products to have an arrangement with a response organization and a declaration on board attesting to that fact.
What’s new:
  • Response organizations must establish committees of users that review fees or proposed fees;
  • Response organizations must provide transparency in the setting of fees (details of calculations);
  • Response organizations will have the responsibility of publishing their fees;
  • There are detailed requirements for the oil pollution prevention plan prepared by oil handling facilities;
  • The Regulations will contain procedures that require oil handling facilities to report any discharge or anticipated discharge of oil; and
  • Transport Canada will have the ability to certify response organizations for periods other than three years.

(vii) Fire Safety Regulations

  • Fire Safety Regulations are being updated based on the latest safety standards and the International Convention for Safety of Life at Sea (SOLAS) requirements. These Regulations are expected to come into force in 2008.
  • The purpose of these Regulations is to: prevent the occurrence of fire and explosion; reduce the risk to life caused by fire; reduce the risk of damage caused by fire to the vessel, its cargo and the environment; contain, control and suppress fire and explosion in the compartment of origin; and provide adequate and readily available means of escape for passenger and crew.
  • SOLAS requirements form the baseline for the Fire Safety Regulations.
  • The Fire Safety Regulations replace: the Fire Detection and Extinguishing Equipment Regulations; the Hull Construction Regulations (fire safety parts and sections); and, the guidelines and procedures/processes that existed under the old CSA.
  • There are three parts to these Regulations, each representing a different level of risk:
    • Part 1 requirements have been harmonized with those in SOLAS. (Some have been rewritten, some are incorporated by reference and/or modified.)
    • Part 2 requirements are either specified in full or SOLAS requirements are incorporated by reference. Part 2 also provides a less onerous regulatory regime and includes vessels carrying dangerous goods in limited quantities as defined in the International Maritime Dangerous Goods (IMDG) Code.
    • Part 3 requirements are specified in full and stand-alone for vessels over 15 but less than 150 gross tonnage.
What’s new:
  • The provisions of SOLAS Regulations 14, 17, 18 and 19 have been incorporated.
  • A gap in requirements for cargo vessels of 150 to 500 gross tonnage has been closed.
  • The SOLAS passenger vessel definition has been adopted for Parts 1 and 2 of the Regulations, including the safety measures for up to 36 passengers as well as above 36 passengers.
  • The concept for cargo vessels to carry up to 12 passengers has been adopted.
  • Plastic pipes and organic foams will be allowed under certain conditions and will also have to meet the requirements for smoke and toxicity.
  • Various triggers will establish when requirements must be met, with the objective being a reasonable, risk-based phase-in.
  • There are new requirements for cargo, tanker and passenger vessels for emergency escape breathing devices, inert gas systems, and fixed fire extinguishing systems.

(viii) Fishing Vessel Safety Regulations

  • The Small Fishing Vessel Inspection Regulations will be replaced by the Fishing Vessel Safety Regulations when they come into force (expected to be in 2008). The Fishing Vessel Safety Regulations regulate safety equipment and construction of small fishing vessels, (less than 24 metres in length), fish packers and vessels engaged in aquaculture. Regulations for large fishing vessels will be reviewed as part of Phase 2.
  • Every year, at least half of commercial marine incidents involve fishing vessels, and the rate of accidents remains constant despite reductions in the number of vessels. The benefit of these updated Regulations will be increased safety for fishers.
What’s new:
  • The Regulations introduce new requirements for stability, maximum load, protection against downflooding and other safety critical issues.
  • The new Regulations establish minimum standards for construction of fishing vessels less than 24 metres through the incorporation of construction and stability standards. However, most existing fishing vessels should have no difficulty meeting these new standards.
  • Fishing vessel operators and owners will need to familiarize themselves with the evaluation of stability information, freeboard and load limits and if subject to certain risk factors as set out in the Regulations, obtain the services of a naval architect or a professional engineer to conduct a stability assessment of their vessel. For more information, they can contact their local Transport Canada Centre.
  • Fishing vessels that are at low risk will not have to go through a full assessment, but must meet simplified stability and minimum freeboard requirements (protection against overloading). The related cost should be low.
  • The Regulations also modernize requirements for lifesaving equipment and fire safety provisions. The lifesaving equipment requirements are risk based (e.g. according to distance offshore) rather than based simply on vessel length. Fire safety provisions, including structural fire safety requirements, are consistent with fire safety provisions for other types of vessels.
  • Small fishing vessels under 9 metres in length are to be constructed according to the Construction Standards for Small Vessels (TP1332) and are to be certified by their builders using compliance notices (as will all other small vessels). Most of these vessels are “production” boats and should already meet these standards.

(ix) Heritage Wreck Regulations

  • The Regulations clarify the role of the federal government in protecting heritage wrecks while encouraging their sustainable enjoyment; facilitate cooperation among a wide range of stakeholders; and, retain the vocational diver’s enjoyment of, and non-damaging access to, this most unique resource. The responsibility for the development of the Heritage Wreck Regulations is shared between Environment Canada (Parks) and Transport Canada.
  • Once finalized, these new Regulations will represent the first federal regulatory regime designed to protect heritage wrecks, an important aspect of Canada’s heritage.
  • They will also, along with provincial, territorial and any new federal archaeology legislation for non-wreck aspects of underwater cultural heritage, put in place the key building blocks necessary in order for Canada to ratify the UNESCO Convention on the Protection of the Underwater Cultural Heritage, 2001.
  • Public consultations on these Regulations have been conducted and legal drafting is planned for the near future.

(x) Load Line Regulations

  • The Load Line Regulations, which entered into force on July 1, 2007, limit the depth to which the vessel can be loaded, taking into account its construction and operating characteristics.
  • The new Load Line Regulations replace: the Load Line Regulations (Inland); the Load Line Regulations (Sea); the Load Line Rules for Lakes and Rivers; the General Load Line Rules; and Load 4 of the Standard TP 7301 relating to dredging.
What’s new:
  • Technical aspects of the International Maritime Organization’s Load Line Convention have been incorporated by reference into these Regulations. With the exception of minor technical changes, the load line requirements do not change with the new Regulations for current vessels. New construction will be required to comply with the January 2005 amendments to the 1988 protocol of the Load Line Convention.
  • For circle load lines, used on vessels making international voyages, the International Maritime Organization’s Load Line Convention has been referenced by these Regulations. However, it is important to note that not all of the Convention has been referenced because minor details of some of its articles are inconsistent with the CSA 2001.
  • For diamond load lines used on vessels that sail only on inland waters such as the Great Lakes, the new Regulations actually stipulate the technical requirements for compliance.

(xi) Marine Personnel Regulations

  • The Marine Personnel Regulations, which entered into force on July 1, 2007, promote a safe and efficient marine transportation system that includes protecting the health and well being of crew and passengers, ensuring that Canada meets its international obligations, and encouraging the harmonization of marine practices.
  • There are three parts to the new Marine Personnel Regulations:
    • Parts 1 and 2 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 making up the crew on board a vessel for its safe and efficient operation and hence the protection of the environment.
    • Part 3 prescribes the labour working conditions of seafarers onboard a vessel to safeguard their health and well-being. The working conditions provisions relating to occupational health and safety have been modernized. The requirements are now compliant with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) as well as the Maritime Labour Convention, 2006.
What’s new:
  • Labour working conditions and requirements that were formerly in the old CSA and in the conventions, including the Maritime Labour Convention, 2006, are now specified and established in the new maritime labour standards (Part 3).
  • Seafarers and authorized representatives will be required to maintain a record of sea service and to provide that information to the Minister upon request. Transport Canada no longer maintains these records.
  • All vessels required to have an inspection certificate under the Vessel Certificates Regulations will also be required to have a Safe Manning Document, indicating the minimum crewing levels for the vessel. A Safe Manning Document is valid for a maximum of five years from the day of its issuance. For more information, refer to the tables in Part 2 of the Marine Personnel Regulations.
  • All commercial vessels, regardless of length, will be required to have a certified master. However, for certain small commercial vessels an operator with a Small Vessel Operator Proficiency training certificate or a PCOC will be accepted in place of a master’s certificate. For example, a PCOC is acceptable for vessels less than 8 metres in length operating in areas designated as sheltered waters.
  • Most nautical (deck) certificates are being changed to meet the new voyage classifications and the STCW.

Requirements for Small Non-pleasure Vessels

General

  • Under the Marine Personnel Regulations every vessel that requires an inspection certificate is also required to carry a Safe Manning Document, setting out the numbers of crew and their qualifications.
  • Section 9 of the Vessel Certificates Regulations specifies that the following vessels must carry Canadian vessel inspection certificates:
    • Vessels of 15 gross tonnage or less that carry more than 12 passengers;
    • Vessels of more than 15 gross tonnage.

Note: pleasure craft and commercial river rafts are exempt

For vessels not required to carry a Safe Manning Document, the operator certification requirements are set out on the next page.

Master/Operator Requirements

  Vessel Near Coastal 1 Near Coastal 2 Sheltered Waters
> 2 nautical miles from shore < 2 nautical miles from shore
Passenger-Carrying Vessels (<12 passengers) > 5 GT Master 150 GT (Domestic) (if endorsed for limited, contiguous waters) Limited Master < 60 GT Limited Master < 60 GT Limited Master < 60 GT
≤ 5 GT and > 8m SVOP SVOP SVOP
> 6 passengers and ≤; 8 m SVOP SVOP SVOP
≤ 6 passengers and ≤ 8 m SVOP SVOP PCOC
Workboats > 5 GT Master 150 GT (Domestic) (if endorsed for limited, contiguous waters) Limited Master < 60 GT Limited Master < 60 GT Limited Master < 60 GT
≤ 5 GT and > 8m (except tugs) SVOP SVOP SVOP
≤ 8m (except tugs) SVOP PCOC
Tugs Limited Master < 60 GT Limited Master < 60 GT Limited Master < 60 GT
Fishing Vessels > 15 GT FM 4 (Fishing Master Class 4) or Certificate of Service < 60 GT FM 4 or Certificate of Service < 60 GT FM 4 or Certificate of Service < 60 GT FM 4 or Certificate of Service < 60 GT
≤ 15 GT SVOP PCOC

This table is for the convenience of users. If any discrepancy is found between the Marine Personnel Regulations and the table, the Regulations shall prevail.

Note: A fishing vessel operator who has 7 seasons as master, before the coming into force of the regulations, with no two seasons in the same year, does not require a SVOP training certificate or PCOC to operate a fishing vessel ≤ 15 GT in near coastal voyage, class 2 or sheltered waters.

SVOP - Small Vessel Operator Proficiency training certificate
PCOC - Pleasure Craft Operator Card
GT - gross tonnage
m - metres
FM 4 - Fishing Master, Class 4
> - greater than
< - less than
≤ - less than or equal to

Implementation dates for the table are as follows:

Workboat (including tugs)
≤ 10 GT
Nov 7, 2010

Passenger-carrying vessel
≤ 5 GT or ≥ 8m
Nov 7, 2009

Implementation dates for fishing vessels

≤ 60 GT and ≥ 15m
Nov 7, 2008

≤ 15m and ≥ 14m
Nov 7, 2009

≤ 14m and ≥ 13m
Nov 7, 2010

≤ 13m and ≥ 12m
Nov 7, 2012

≤ 12m and ≥ 6m
Nov 7, 2015

≤ 6m
Nov 7, 2016

All other operators must comply with the requirements effective July 1, 2007

(xii) Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals

  • Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals were developed under the old CSA, and an amended version will be available some time after the entry into force of the CSA 2001. Former CSA regulations to control pollution from vessels were in place across Canada; however, they were not consistent with the International Convention for the Prevention of Pollution from Ships (MARPOL) and did not address anti-fouling systems. Bringing the Regulations into force allows Canada to ratify additional parts of the MARPOL Convention.
  • The Regulations promote the elimination of deliberate, negligent or accidental discharge of ship-source pollutants from vessels into the marine environment and the safe operation of chemical tankers.
What’s new:
  • National limits to sewage discharges.
  • Sewage holding tanks or marine sanitation devices on all vessels with a toilet (with some exceptions), to be installed within a five-year period (before May 2012).
  • Possible tests of waste matter from marine sanitation devices.
  • Shipboard oil pollution emergency plans on certain non-oil barges carrying oil trucks or tanks.
  • International Sewage Pollution Prevention Certificates for non-Canadian vessels traveling to a Canadian port.
  • Garbage management plans and up-to-date garbage record books for certain vessels (as specified in the Regulations).
  • Bans on:
    • buying new equipment that contains ozone depleting substances; and
    • emitting ozone-depleting substances from existing equipment.
  • Limits to the sulphur content of any fuel oil used on a vessel set at 4.5 per cent.
  • Approvals for certain new vessel engines and new incinerators.
  • Quality standards for fuel oil used for combustion.
  • International or Canadian Air Pollution Prevention Certificates for certain vessels.
  • International Anti-fouling System Certificates or self-declarations for certain vessels.
  • Paint containing tributyl tin removed or encapsulated from the coating of vessels by January 1, 2008.

(xiii) Safety Management Regulations

  • The purpose of these Regulations is to ensure that Canada continues to meet its international obligations with respect to the certification of Canadian vessels under the International Convention for the Safety of Life at Sea (SOLAS). They entered into force with the CSA 2001 on July 1, 2007. These requirements apply to Safety Convention vessels that are passenger and cargo vessels.
  • SOLAS contains the International Safety Management Code (ISM Code), which provides an international standard for the safe management and operation of vessels and prevention of pollution.
What’s new:
  • Minor changes only, principally in order to clarify that the Minister of Transport has the authority to issue safety management certificates.

(xiv) Small Vessel Regulations

  • The current Small Vessel Regulations regulate safety equipment and construction of small vessels, some operational requirements, and the licensing of pleasure craft. The Regulations are being updated and will clarify the requirements for the construction of commercial vessels and modify the approach to the certification of compliance with construction standards by manufacturers. The updated Regulations are expected to come into force in early 2008.
What’s new for small non-pleasure (commercial) vessels:
  • Some safety equipment requirements are being updated. Current fire extinguishers may be carried until replacement. Other changes relate to automatic bilge pumps, manual bilge pumps, lifesaving equipment, and protection from cold shock and hypothermia.
  • Small commercial vessels will be required to be fitted with compliance notices and hull identification numbers by manufacturers. This requirement will come into force one year after the regulations come into effect. With this change, hull identification numbers and compliance notices will be required for all small vessels.
  • Owners of small vessels constructed or imported before April 2005 will be required to bring their vessels up to the current construction standards in so far as it is reasonable and practicable to do so. However, these vessels will be required to address any safety critical items such as precautions against fire and explosion; watertight integrity; and, protection from downflooding.
  • The Regulations require all small non-pleasure vessel owners to contact Transport Canada before a new vessel is first placed into service. This will provide the opportunity for the owner to verify that the vessel is compliant with the requirements of the Regulations. It also sets the stage for a longterm relationship with Transport Canada. There will be a single process for both the application for registration and for the required provision of basic vessel data.
  • Owners and operators are not to operate their vessels in circumstances that exceed their design limitations.
What’s new for pleasure craft:
  • The amendments to the pleasure craft licensing system will require licences to be renewed every 10 years. Licence details, such as owner name and address, must be kept current.
  • Under the CSA 2001, pleasure craft of all sizes are exempt from mandatory registration, and may instead be licensed with Service Canada.
  • Holders of existing licences need not renew their licences unless the name or address on the licence is no longer accurate, or as a choice.
  • The Single Vessel Label Program for home built pleasure craft is being phased out. For more information, see page 30.
  • All vessels, other than home-built pleasure craft built for personal use of the builder must have a Compliance notice. Owners of vessels that do not have compliance notices will be directed to the manufacturer to obtain one.

(xv) Vessel Certificates Regulations

  • This new set of Regulations came into force with the CSA 2001 on July 1, 2007.
  • The purpose of the Vessel Certificates Regulations is: to provide a regulatory inspection and certification mechanism for the issuance of Canadian maritime documents (CMDs) not already addressed by other Phase 1 regulations; and to allow for port state control oversight.
  • The Regulations also provide the authority to inspect the ship to ensure that all conditions for the issuance of the certificate have been met and, conversely, to provide objective criteria to suspend or cancel certificates where those conditions are not met.
  • The Regulations will apply to all vessels that require certification under the CSA 2001. This includes vessels greater than 15 gross tonnage or carrying more than 12 passengers. The Regulations do not apply to pleasure craft. Although vessels below these cut-offs do not need an inspection certificate, they may be checked at any time to verify compliance.
    Note: Where an inspection certificate is required, a Safe Manning Document indicating the minimum crewing levels for the vessel is also required. For more information on requirements for minimum crew requirements, please refer to the tables in Part 2 of the Marine Personnel Regulations, and the Master/Operator Requirements table for small vessels, found on pages 20-21 of this booklet.
  • The Vessel Certificates Regulations also include new voyage classifications.
  • The voyage classifications that existed under the old CSA were revoked upon entry into force of the CSA 2001. For definitions of voyage classifications under the CSA 2001, please see page 29.

(xvi) Vessel Clearance Regulations

  • The CSA 2001 includes a provision against granting clearance to a vessel, unless the person granting clearance is satisfied that the master is in possession of all required documents. These Regulations apply only to commercial vessels departing a port in Canada to go to a port in a foreign country.
  • The new Vessel Clearance Regulations, which entered into force with the CSA 2001 on July 1, 2007, require that all appropriate documents are on board and that the vessel is not given clearance until those documents listed in the Regulations have been verified. These documents show that inspections have taken place and that the vessel is in compliance with all requirements.
  • The Canadian Border Services Agency administers the clearance process. The role of Transport Canada Marine Safety is to verify that the vessels are compliant and certificated and to take action where a vessel departs without all the appropriate documents or without clearance.
What’s new:
  • The CSA 2001 Vessel Clearance Regulations consolidate the list of documents required for vessel clearance, which were previously found in more than 50 provisions under the old CSA. Under the CSA 2001, the authority to grant clearance is found in the Vessel Clearance Regulations.

(xvii) Vessel Detention Orders Review Regulations

  • These new Regulations, which came into force with the CSA 2001 on July 1, 2007, allow an authorized representative to request that a Vice-Chair and subsequently the Chair of the new Marine Technical Review Board review a detention order made against a vessel.

(xviii) Vessel Operation Restriction Regulations

  • The Vessel Operation Restriction Regulations are used to regulate and/or restrict the navigation of vessels for safety and to protect public interest and the environment.
  • These Regulations will replace the former Boating Restriction Regulations. They are expected to come into force in the winter of 2007/2008.
What’s new:
  • These Regulations now apply to all vessels regardless of size, whereas the Boating Restriction Regulations applied only to vessels less than 15 gross tonnage.
  • Minor amendments include:
    • the removal of commercial river rafting schedules. Commercial river rafting will be governed by the Special Purpose Vessel Regulations, which will come into force at the same time as the Vessel Operation Restriction Regulations.
    • the transfer, at a later date, of the age and horsepower restrictions to the Competency of Operators of Pleasure Craft Regulations.

(xix) Vessel Registration and Tonnage Regulations

  • These Regulations, which entered into force with the CSA 2001 on July 1, 2007, amend the Ship Registration and Tonnage Regulations that were in place under the old CSA regime.
  • The Regulations concern ship ownership, registration and tonnage requirements. Their purpose is to clarify the requirements for registering and calculating the tonnage of vessels.
  • These Regulations comply with the International Convention on the Tonnage Measurement of Ships (1969). The Regulations require that each vessel subject to the Convention keep on board an International Tonnage Certificate.
What’s new:
  • The main change is that CSA 2001 requires all commercial vessels, regardless of size, including human powered commercial vessels, to be registered. (Registration of pleasure craft is optional.)
  • The new approach to registration has resulted in a substantial change in requirements for tonnage measurement of those small commercial vessels that were formerly required to be licensed under the old CSA. For example:
    • An applicant for registration of a new vessel in the Small Vessel Register shall ensure that the vessel’s tonnage is calculated in accordance with the Standard for the Tonnage Measurement of Vessels (TP 13430). The tabular method of equating length of vessels to gross tonnage will be removed when TP 13430 is revised.
    • Vessels already registered are allowed to continue to use their existing tonnage.
    • Vessels currently licensed will continue to use the tonnage stated in their current licence.

(xx) Vessels Registry Fees Tariff

  • These Regulations, which entered into force with the CSA 2001 on July 1, 2007, establish fees for the registration of all non-pleasure (commercial) vessels and optionally, of pleasure craft.
What’s new:
  • A Small Vessel Register has been created, replacing the small commercial vessel licensing system for non-pleasure vessels of 15 gross tonnage or less. Existing licences for small vessels will be transferred automatically to this new register.
  • The $50 fee and five-year renewal period of the old licensing system will remain the same.
  • In addition, a flat $50 registration fee may be levied for a fleet of vessels. “Fleet” is defined as two or more commercial vessels, five gross tonnage or less, with a common owner, for which application for registration is made at the same time. Fleet status is not available to government vessels.
  • An owner wishing to register a mortgage against a vessel, regardless of its size and type, must register in the main Canadian Register of Vessels.
  • Pleasure craft owners may voluntarily register in the Canadian Register of Vessels.

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Date modified:
2010-01-21