Regulations Amending the Marine Personnel Regulations and Repealing the Tariff of Fees of Shipping Masters: SOR/2019-66

Canada Gazette, Part II, Volume 153, Number 6

Registration

SOR/2019-66 March 4, 2019

CANADA SHIPPING ACT, 2001

P.C. 2019-137 February 28, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(g) footnote a of the Canada Shipping Act, 2001 footnote b, makes the annexed Regulations Amending the Marine Personnel Regulations and Repealing the Tariff of Fees of Shipping Masters.

Regulations Amending the Marine Personnel Regulations and Repealing the Tariff of Fees of Shipping Masters

Amendment

1 The table to subsection 122(1) of the Marine Personnel Regulations footnote 1 is amended by adding the following after item 4:

Item Column 1

Document or Endorsement		 Column 2


Fee ($)

5

Issuance of an identity card

20.00

6

Replacement of a record of sea service

90.00 for each period of five consecutive years, or part thereof, of each record searched

Repeal

2 The Tariff of Fees of Shipping Masters footnote 2 is repealed.

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Fees related to Canadian commercial marine personnel can be found in two instruments: the Tariff of Fees of Shipping Masters, and the Marine Personnel Regulations (MPR). The placement of fees in two different instruments makes locating and understanding the existing requirements challenging. In some instances, certain fees in the Tariff of Fees Shipping Masters refer to obsolete services, which means that fees in respect of those obsolete services are no longer collected.

Transport Canada seeks to transfer fees-related regulatory text from the Tariff of Fees of Shipping Masters into the MPR, which is the primary regulatory instrument ensuring vessels have the appropriate number of trained, certificated and medically fit marine personnel on board vessels for safe and efficient operation.

Background

In 1978, the Governor in Council made the Tariff of Fees of Shipping Masters pursuant to the Canada Shipping Act (CSA) with respect to, amongst other things, seafarers.

As a result of the Canada Shipping Act, 2001 (CSA 2001) replacing the CSA on July 1, 2007, Transport Canada ceased the collection of fees listed in the schedule of the Tariff of Fees of Shipping Masters, with the exception of fees that are indicated in items 9 and 11, which apply to the Seafarer Identity Document (commonly known as the SID) and the replacement of the seamen’s record of service respectively. Although the Tariff of Fees of Shipping Masters no longer has its original enabling statute, it maintains the force of law due to subsection 274(1) of the CSA 2001, which provides that regulations made under the CSA remain in force and are deemed to have been made under the CSA 2001, in so far as they are not inconsistent with the CSA 2001, until they are repealed.

Objectives

The objectives of the Regulations Amending the Marine Personnel Regulations and Repealing the Tariff of Fees of Shipping Masters are to place fees-related regulatory text concerning marine personnel fees into a single set of regulations and to repeal fees-related regulatory text that are no longer applicable to any person or situation.

Description and rationale

The following amendments to the Tariff of Fees of Shipping Masters and MPR are made:

The consolidation of marine personnel fees into a single regulatory title will ensure that rules are placed within the most appropriate regulatory instrument and that the fees are administered accurately. These amended regulations do not adjust the fees payable by seafarers. The amendments do not change the intent or application of the existing regulations, and do not result in additional costs for stakeholders.

“One-for-One” Rule and small business lens

The “One-for-One” Rule applies since the Tariff of Fees of Shipping Masters is being repealed, and the proposal is considered a title out. However, there is no change in administrative costs or burden to business.

The small business lens does not apply to these amendments, as there are no costs to small business.

Consultation

As the amendments are considered to be administrative in nature, they do not change the policy intent of the regulations and do not have any impact on the money paid by a seafarer, it was determined that formal consultations were not necessary.

Seafarers will be informed of these amended regulations through correspondence distributed through the Canadian Marine Advisory Council which is Transport Canada’s primary consultative body for marine matters.

Implementation, enforcement and service standards

The amendments are administrative in nature, and do not make any substantive changes to any of the provisions identified. No incremental implementation or enforcement activities are anticipated.

Contact

Scott Weatherdon
Manager
Certification Standards (AMSP)
Marine Personnel and Certification
Marine Safety and Security
Transport Canada
330 Sparks Street, 8th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613‑998‑0616
Email: scott.weatherdon@tc.gc.ca