Canada Shipping Act, 2001 - Fishing Vessels

Canada Shipping Act, 2001

On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the old Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the 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 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.

Under the CSA 2001, the Small Fishing Vessel Inspection Regulations will be replaced by the Fishing Vessel Safety Regulations. These Regulations address the safety equipment, construction and certain operational issues for fishing vessels and fish packers less than 24 metres in length (approximately 150 gross tonnage). Transport Canada expects these Regulations to come into force in 2009. Regulations for large fishing vessels will be written at a later date.

Other regulations of interest to fishing vessel owners/operators include: the Collision Regulations; Navigation Safety Regulations; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals; Environmental Response Regulations; Ballast Water Control and Management Regulations; Vessel Certificates Regulations; and the Marine Personnel Regulations.

General

The fishing industry has become very specialized. A growing number of vessels have been modified and outfitted to carry more fishing gear and to operate further offshore. This means that many vessels are being used in situations and under circumstances that were not anticipated in their design. This is a safety risk to both vessels and crews.

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.

Transport Canada is working closely with the fishing industry to modernize the various regulations that affect fishing vessels, in order to better protect fishers, vessels, and the marine environment.

Enhanced Vessel Safety

Under the CSA 2001, the Fishing Vessel Safety Regulations will help to mitigate some of the risks that lead to accidents at sea and loss of life. It sets minimum construction and stability standards for building fishing vessels less than 24 metres in length (approximately 150 gross tonnage). Most existing fishing vessels should be able to meet the new standards without great expense.

Fishing vessels exposed to the greatest risk will need to go through a complete stability assessment. Existing vessels will be given time to comply with new stability requirements.

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.

Fishing vessel owners / operators should find out if their vessel has certain risk factors as set out in the Regulations and then learn the requirements for stability as well as freeboard and load limits. They should also have a naval architect or a professional engineer conduct a stability assessment of their vessel. If in doubt, they can contact their local Transport Canada Centre.

The Navigation Safety Regulations will be changed under the CSA 2001 Regulatory Reform Project. This will give effect to Chapter IV and the revised Chapter V of the International Convention for the Safety of Life at Sea (SOLAS). The Regulations will set out minimum safety standards for navigation and radio communication equipment onboard Canadian vessels of various sizes. They will also contain requirements for the installation and use of navigation and radio communication equipment.

The Collision Regulations, which address navigation conduct, steering and sailing rules as well as the sound and light signals to be used by vessel operators, are being amended. These rules apply to all vessels in Canadian waters and to Canadian vessels in all waters to avoid collision situations. Most vessels are already compliant but the wording of the Regulations will be changed to give a clearer meaning. These amended Regulations are expected to come into force in early 2008.

Construction

Construction Standards for fishing vessels are being updated. On the coming into force of the Fishing Vessel Safety Regulations in 2009, new fishing vessels more than 9 metres in length will be required to comply with the new Fishing Vessel Construction Standards. Those fishing vessels less than 9 metres in length will be required to comply with the Construction Standards for Small Vessels (TP 1332). Most fishing vessels less than 9 metres in length are already built to this standard.

Existing vessels must comply with the new construction standards (or the standard TP 1332 if it applies), as far as it is reasonable and practicable to do so. Certain safety-critical requirements, however, will apply to all vessels. These requirements include water-tightness and protection from down-flooding, water freeing arrangements and precautions against fire and explosion.

The Regulations will also update requirements for lifesaving equipment and fire safety provisions. Fire safety provisions are based on vessel type and size. The new lifesaving equipment requirements, however, are based on risk, not on vessel length. This means that the requirements for a vessel that operates far from shore (and thus in a harsher environment) will be stricter than a vessel that operates close to shore in calm waters.

With the CSA 2001 coming into force, new requirements for large fishing vessels (over 24 metres) will be written to align with the Torremolinos Protocol, 1993.

Environmental Protection

The Government of Canada is committed to improving the environment. The CSA 2001 delivers on this commitment, as its regulations will reduce the impact of marine transport on the environment.

Fishing vessels must comply with Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, to protect the marine environment. The list of harmful ship-source discharges includes: oil, noxious liquid substances and dangerous chemicals, sewage, garbage and air pollution, and certain types of anti-fouling coatings.

New rules to prevent pollution by vessels include:

• Limits to sewage discharges.
• Sewage holding tanks or marine sanitation devices on ships with a toilet (with some exceptions), to be installed within a five year period.
• Possible tests of waste matter from marine sanitation devices.
• Ship-board oil pollution plans on certain non-oil barges carrying oil trucks or tanks.
• International Sewage Pollution Prevention Certificates for non-Canadian ships travelling to a Canadian port.
• Garbage management plans and up-to-date Garbage Record Books for certain ships (as specified in the Regulations).
• Bans on:
  • buying new equipment that contain ozone depleting substances; and
  • emitting ozone depleting substances from existing equipment.

The Environmental Response Regulations are meant to prevent and respond to marine spills from vessels and oil handling facilities. These Regulations are being amended under the CSA 2001 and are expected to come into force in 2008. They may require certain vessels to have a prevention and response agreement in place. In this case, they will need to enter into an agreement with a certified response organization.

The Ballast Water Control and Management Regulations were developed under the CSA, but an amended version will be available in 2008.

Scientific evidence suggests that ballast water carried on board a ship can transport harmful organisms and pathogens around the world. These organisms and pathogens may invade and harm an ecosystem when a ship discharges untreated ballast water.

Vessel Certification and Voyage Classifications

The new Vessel Certificates Regulations state which vessels need certification under the CSA 2001. To prove that a vessel is safe to leave on a voyage, all of the documents required by the CSA 2001 must be on board. These documents specify any limitations and confirm that proper inspections have taken place and that the vessel meets all requirements. If a vessel was required to be certified under the CSA, it will continue to be subject to certification under the CSA 2001.

Under the CSA 2001, a new and streamlined voyage classification system has been established within the Vessel Certificates Regulations. Voyage classifications that were once found in various sections of the CSA have been consolidated within these Regulations.

This new system will help:

• apply voyage classification consistently across the country; and
• limit, on a case-by-case basis, voyages within this new system.

The Vessel Certificates Regulations came into force with the CSA 2001 on July 1, 2001.

Marine Personnel

Fishing vessel owners/operators must comply with the Marine Personnel Regulations. They exist to ensure that vessels hire enough crew members for safe operation. They also require that crews be trained and certified to perform their duties and are able to manage and operate vessels. A new addition to these Regulations is the "Maritime Labour Standards," which establish the labour working conditions on vessels for the well-being and safety of crew members.

All commercial and fishing vessels, regardless of length, must have a certified master. A holder of a Small Vessel Operator Proficiency training certificate can operate certain small commercial vessels. In some cases, a Pleasure Craft Operator Card will be accepted.

An exam on vessel construction and stability will be added to the requirements for the Fishing Master, Fourth Class certificate. This will ensure that all masters of fishing vessels, including small fishing vessels, understand the stability issues that could present a risk to the vessel, personnel, passengers, or the environment.

All vessels needing an inspection certificate, as identified in the Vessel Certificates Regulations, must have a Safe Manning Document. This indicates the minimum safe crewing levels for the vessel, and is valid for a maximum of five years after the day it is issued. Details for getting this document can be found in the Marine Personnel Regulations.

The Marine Personnel Regulations entered into force at the same time as the CSA 2001.

Developing a Safety Culture within the Marine Industry

While a vessel that complies with regulations and standards is safer, it can still sink. A vessel must be maintained and operated within its designated limits by knowledgeable, well-trained crew, to be better able to withstand the rigour of the sea. Owners and operators of fishing vessels are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the marine industry.

You can learn more about Fishing Vessel Safety Regulations, other relevant regulations or the Canada Shipping Act, 2001 Regulatory Reform Project at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. You can also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.

November 2007