Vessel Safety Certificates Regulations: SOR/2021-135

Canada Gazette, Part II, Volume 155, Number 13

Registration
SOR/2021-135 June 10, 2021

CANADA SHIPPING ACT, 2001

P.C. 2021-532 June 10, 2021

Whereas the annexed Vessel Safety Certificates Regulations set out an amendment to the Navigation Safety Regulations, 2020, which establishes additional or complementary standards to those set out in the International Convention for the Safety of Life At Sea of 1974 and the Protocol of 1988 relating to the Convention, and the Administrator in Council is satisfied that those standards meet the objectives of the Convention and Protocol;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than sections 21 to 27, on the recommendation of the Minister of National Revenue with respect to that section 21, of the Minister of Labour with respect to those sections 22 to 24 and of the Minister of Transport with respect to those sections 25 to 27, makes the annexed Vessel Safety Certificates Regulations pursuant to

TABLE OF PROVISIONS

Vessel Safety Certificates Regulations

Interpretation

1 Definitions

2 Interpretation

Application and Prescribed Class

3 Canadian vessels and foreign vessels

4 Prescribed class — section 119 of the Act

PART 1

Canadian Vessels

DIVISION 1

Safety Convention Vessels

5 Application

6 Safety certificate

7 Issuance of safety certificate

8 Exemption certificate

9 Continuous synopsis record

10 Responsibilities of authorized representative

DIVISION 2

Vessels that are not Safety Convention Vessels

11 Application

12 Safety certificate

13 Issuance of safety certificate

14 Inland voyage safety certificate

15 Responsibilities of authorized representative

16 Terms and conditions

DIVISION 3

Reports and Inspections

17 Reports

PART 2

Foreign Vessels

18 Safety Convention vessels

19 Vessels that are not Safety Convention vessels

PART 3

Transitional Provision, Consequential and Related Amendments, Repeals and Coming into Force

Transitional Provision

20 Certificates issued under Vessel Certificates Regulations

Consequential Amendments

Canada Pension Plan

21 Canada Pension Plan Regulations

Canada Labour Code

22 Maritime Occupational Health and Safety Regulations

Transportation of Dangerous Goods Act, 1992

25 Transportation of Dangerous Goods Regulations

Canada Shipping Act, 2001

28 Fishing Vessel Safety Regulations

29 Load Line Regulations

30 Marine Personnel Regulations

31 Vessel Clearance Regulations

35 Vessel Registration and Tonnage Regulations

37 Cargo, Fumigation and Tackle Regulations

38 Administrative Monetary Penalties and Notices (CSA 2001) Regulations

39 Fire and Boat Drills Regulations

41 Small Vessel Regulations

43 Vessel Pollution and Dangerous Chemicals Regulations

44 Vessel Fire Safety Regulations

46 Navigation Safety Regulations, 2020

Related Amendments

Canada Shipping Act, 2001

52 Board of Steamship Inspection Scale of Fees

53 Hull Construction Regulations

55 Large Fishing Vessel Inspection Regulations

65 Marine Machinery Regulations

84 Repeals

Coming into Force

85 Publication

SCHEDULE 1

PART 1 Ontario

PART 2 Quebec

PART 3 Nova Scotia

PART 4 New Brunswick

PART 5 Manitoba

PART 6 British Columbia

PART 7 Prince Edward Island

PART 8 Saskatchewan

PART 9 Newfoundland and Labrador

PART 10 Northwest Territories

PART 11 Nunavut

SCHEDULE 2

PART 1 Ontario

PART 2 Quebec

PART 3 Nova Scotia

PART 4 British Columbia

Vessel Safety Certificates Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act
means the Canada Shipping Act, 2001. (Loi)
inland voyage
means a voyage that is not a sheltered waters voyage and is
  • (a) on the inland waters of Canada; or
  • (b) on the inland waters of Canada together with any part of a lake or river forming part of the inland waters of Canada that lies within the United States, or on Lake Michigan. (voyage en eaux internes)
inland waters of Canada
means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn
  • (a) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and
  • (b) from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. (eaux internes du Canada)
Minister
means the Minister of Transport. (ministre)
near coastal voyage, Class 1
means a voyage
  • (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2;
  • (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and
  • (c) during which a vessel is always
    • (i) north of latitude 6°N, and
    • (ii) 200 nautical miles or less from shore or above the continental shelf. (voyage à proximité du littoral, classe 1)
near coastal voyage, Class 2
means a voyage
  • (a) that is not a sheltered waters voyage or an inland voyage; and
  • (b) during which a vessel is always
    • (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and
    • (ii) 100 nautical miles or less from a place of refuge. (voyage à proximité du littoral, classe 2)
sheltered waters voyage
means a voyage that is
  • (a) in Canada on a river above tidal waters or on a lake, where it is impossible for a vessel to be more than 2.5 nautical miles from the closest shore;
  • (b) on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or
  • (c) made by a ferry between two or more points listed in column 1 of Schedule 2 during the period specified in column 2. (voyage en eaux abritées)
SOLAS
means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)
unlimited voyage
means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité)

Interpretation

2 (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations,

Inconsistency

(2) In the event of an inconsistency between a provision in SOLAS and a provision in these Regulations, the provision in these Regulations prevails to the extent of the inconsistency.

Application and Prescribed Class

Canadian vessels and foreign vessels

3 (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

Activities relating to oil or gas

(2) These Regulations apply in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

Prescribed class — section 119 of the Act

4 A Canadian vessel in respect of which these Regulations apply is a vessel of a prescribed class for the purposes of section 119 of the Act.

PART 1

Canadian Vessels

DIVISION 1

Safety Convention Vessels

Application

5 This Division applies in respect of Canadian vessels that are Safety Convention vessels.

Safety certificate

6 A vessel must hold the applicable safety certificates issued under section 7 to engage on a voyage.

Issuance of safety certificate

7 (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates referred to in SOLAS to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

Inspections and endorsements

(2) The authorized representative of a vessel that holds a safety certificate must ensure that

Exemption certificate

8 On application by the authorized representative of a vessel, the Minister must issue an exemption certificate to the vessel if an exemption has been granted by the Marine Technical Review Board in accordance with section 28 of the Act in respect of the requirements that must be met for the issuance of a safety certificate under section 7.

Continuous synopsis record

9 (1) On application by the authorized representative of a vessel for a continuous synopsis record referred to in Regulation 5 of Chapter XI-1 of SOLAS, the Minister must issue the record to the vessel in accordance with that Regulation.

Required information in application

(2) The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS.

Update to information

(3) If there is a change that affects the information that is contained in the continuous synopsis record, the authorized representative must, as soon as feasible,

Prohibition from altering continuous synopsis record

(4) Subject to paragraph (3)(c), the authorized representative must ensure that the continuous synopsis record is not altered or defaced and that any information contained in it is not modified or removed.

Vessel transferred — continuous synopsis record on board

(5) The authorized representative must ensure that the continuous synopsis record is left on board when the vessel is transferred to the flag of another state, is sold or another company assumes the responsibility for its operation.

Vessel transferred — information to Minister

(6) If a vessel is transferred to the flag of another state, the authorized representative must, as soon as feasible after the transfer, inform the Minister of the name of the state to allow the Minister to forward to that state a copy of each continuous synopsis record issued by the Minister to that vessel.

Responsibilities of authorized representative

10 The authorized representative of a vessel that holds a safety certificate must ensure that

DIVISION 2

Vessels that are not Safety Convention Vessels

Application

11 (1) This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels:

Non-application

(2) This Division does not apply in respect of

Definition of dangerous chemical

(3) For the purposes of paragraph (2)(d), dangerous chemical has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations.

Safety certificate

12 A vessel must hold the applicable safety certificates issued under section 13 to engage on a voyage.

Issuance of safety certificate

13 (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

Inspections and endorsements

(2) The authorized representative of a vessel that holds a safety certificate that is valid for more than one year must ensure that

Inland voyage safety certificate

14 (1) A vessel that holds a safety certificate for an inland voyage may also engage on a sheltered waters voyage that is within the waters described in paragraphs (a) and (b) of the definition inland voyage.

Near coastal voyage, Class 2 safety certificate

(2) A vessel that holds a safety certificate for a near coastal voyage, Class 2 may also engage on a sheltered waters voyage and an inland voyage.

Near coastal voyage, Class 1 safety certificate

(3) A vessel that holds a safety certificate for a near coastal voyage, Class 1 may also engage on

Unlimited voyage safety certificate

(4) A vessel that holds a safety certificate for an unlimited voyage may also engage on

Responsibilities of authorized representative

15 The authorized representative of a vessel that holds a safety certificate must ensure that

Terms and conditions

16 If the Minister determines that terms and conditions on a safety certificate issued to a vessel are necessary based on the vessel's construction, equipment, stability and design criteria, the Minister may impose terms and conditions that

DIVISION 3

Reports and Inspections

Reports

17 (1) The authorized representative of a Canadian vessel must

Confirmation from Minister

(2) Following the submission of the report and the documents, the authorized representative must ensure that they receive a written confirmation from the Minister that the requirements for the issuance of the certificate continue to be met.

Review and inspection

(3) In order to provide the confirmation, the Minister must review the report and the documents provided by the authorized representative and, if the Minister determines that it is necessary, inspect the vessel.

PART 2

Foreign Vessels

Safety Convention vessels

18 (1) The authorized representative of a foreign vessel that is a Safety Convention vessel must

Responsibilities of authorized representative

(2) The authorized representative of a foreign vessel that holds a safety certificate that is required by SOLAS must ensure that

Vessels that are not Safety Convention vessels

19 The authorized representative of a foreign vessel that is not a Safety Convention vessel must

PART 3

Transitional Provision, Consequential and Related Amendments, Repeals and Coming into Force

Transitional Provision

Certificates issued under Vessel Certificates Regulations

20 A certificate issued under the Vessel Certificates Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under these Regulations.

Consequential Amendments

Canada Pension Plan
Canada Pension Plan Regulations

21 Paragraph (d) of the definition inland voyage in subsection 18(4) of the Canada Pension Plan Regulationsfootnote 1 is replaced by the following:

Canada Labour Code
Maritime Occupational Health and Safety Regulations

22 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 1 and unlimited voyage in section 1 of the Maritime Occupational Health and Safety Regulationsfootnote 2 are replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
inland waters of Canada
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)
near coastal voyage, Class 1
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
unlimited voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

23 Section 19 of the Regulations is amended by adding the following after subsection (3):

(3.1) For the purposes of subsection (3), an inland voyage includes a sheltered waters voyage as defined in section 1 of the Vessel Safety Certificates Regulations if the voyage is within the waters described in paragraph (a) or (b) of the definition inland voyage of section 1 of those Regulations.

24 Subparagraph 154(1)(c)(i) of the Regulations is repealed.

Transportation of Dangerous Goods Act, 1992
Transportation of Dangerous Goods Regulations

25 (1) The definition inland voyage in section 1.4 of the Transportation of Dangerous Goods Regulationsfootnote 3 is replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

(2) Section 1.4 of the Regulations is amended by adding the following in alphabetical order:

sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)

26 Paragraph 11.1(1)(b) of the Regulations is replaced by the following:

27 Paragraph 11.2(b) of the Regulations is replaced by the following:

Canada Shipping Act, 2001
Fishing Vessel Safety Regulations

28 (1) The definitions near coastal voyage, Class 1, near coastal voyage, Class 2, sheltered waters voyage and unlimited voyage in subsection 3.01(1) of the Fishing Vessel Safety Regulationsfootnote 4 are replaced by the following:

near coastal voyage, Class 1
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
near coastal voyage, Class 2
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
unlimited voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

(2) Subsection 3.01(1) of the Regulations is amended by adding the following in alphabetical order:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

(3) Section 3.01 of the Regulations is amended by adding the following after subsection (1):

Near coastal voyage, Class 2

(1.1) For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:

Near coastal voyage, Class 2, restricted to 2 nautical miles

(1.2) For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.

Load Line Regulations

29 The definitions inland voyage, inland waters of Canada and sheltered waters voyage in subsection 1(1) of the Load Line Regulationsfootnote 5 are replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
inland waters of Canada
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
Marine Personnel Regulations

30 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 1, near coastal voyage, Class 2, sheltered waters voyage and unlimited voyage in subsection 1(1) of the Marine Personnel Regulationsfootnote 6 are replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
inland waters of Canada
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)
near coastal voyage, Class 1
means a voyage
  • (a) that is not a sheltered waters voyage or a near coastal voyage, Class 2;
  • (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and
  • (c) during which a vessel is always
    • (i) north of latitude 6°N, and
    • (ii) 200 nautical miles or less from shore or above the continental shelf. (voyage à proximité du littoral, classe 1)
near coastal voyage, Class 2
means a voyage
  • (a) that is not a sheltered waters voyage; and
  • (b) during which a vessel is always
    • (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and
    • (ii) 100 nautical miles or less from a place of refuge. (voyage à proximité du littoral, classe 2)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
unlimited voyage
means a voyage that is not a sheltered waters voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. (voyage illimité)
Vessel Clearance Regulations

31 The definitions inland voyage and inland waters of Canada in section 1 of the Vessel Clearance Regulationsfootnote 7 are replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
inland waters of Canada
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

32 Subsection 2(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

33 Subsection 3(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

34 The portion of subsection 4(5) of the Regulations before paragraph (a) is replaced by the following:

(5) For the purposes of section 214 of the Act, a safety certificate issued under section 13 of the Vessel Safety Certificates Regulations is required in respect of a Canadian vessel that

Vessel Registration and Tonnage Regulations

35 Subparagraph 1.1(1)(d)(i) of the Vessel Registration and Tonnage Regulationsfootnote 8 is replaced by the following:

36 (1) Paragraph 8(2)(b) of the Regulations is replaced by the following:

(2) Paragraph 8(3)(b) of the Regulations is replaced by the following:

Cargo, Fumigation and Tackle Regulations

37 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 2 and sheltered waters voyage in subsection 100(1) of the Cargo, Fumigation and Tackle Regulationsfootnote 9 are replaced by the following:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)
inland waters of Canada
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)
near coastal voyage, Class 2
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
Administrative Monetary Penalties and Notices (CSA 2001) Regulations

38 Part 7 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulationsfootnote 10 is replaced by the following:

PART 7

Violations of the Vessel Safety Certificates Regulations
Item

Column 1

Provision of the Vessel Safety Certificates Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day
1 Section 6 1,250 to 25,000  
2 Paragraph 7(2)(a) 1,250 to 25,000  
3 Paragraph 7(2)(b) 1,250 to 25,000  
4 Paragraph 10(a) 1,250 to 25,000  
5 Paragraph 10(b) 250 to 5,000  
6 Paragraph 10(c) 1,250 to 25,000  
7 Paragraph 10(d) 1,250 to 25,000  
8 Section 12 1,250 to 25,000  
9 Paragraph 13(2)(a) 1,250 to 25,000  
10 Paragraph 13(2)(b) 1,250 to 25,000  
11 Paragraph 15(a) 1,250 to 25,000  
12 Paragraph 15(b) 250 to 5,000  
13 Paragraph 17(1)(a) 600 to 10,000  
14 Paragraph 17(1)(b) 600 to 10,000  
15 Subparagraph 18(1)(a)(i) 1,250 to 25,000  
16 Subparagraph 18(1)(a)(ii) 250 to 5,000  
17 Subparagraph 18(1)(a)(iii) 1,250 to 25,000  
18 Subparagraph 18(1)(a)(iv) 1,250 to 25,000  
19 Paragraph 18(1)(b) 1,250 to 25,000  
20 Paragraph 18(2)(a) 1,250 to 25,000  
21 Paragraph 18(2)(b) 1,250 to 25,000  
22 Paragraph 19(a) 1,250 to 25,000  
23 Paragraph 19(b) 1,250 to 25,000  
24 Paragraph 19(c) 1,250 to 25,000  
Fire and Boat Drills Regulations

39 The definitions near coastal voyage, Class 1, sheltered waters voyage and unlimited voyage in section 1 of the Fire and Boat Drills Regulationsfootnote 11 are replaced by the following:

near coastal voyage, Class 1
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
unlimited voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

40 Paragraph 2(1)(b) of the Regulations is replaced by the following:

Small Vessel Regulations

41 Subsection 411(4) of the Small Vessel Regulationsfootnote 12 is replaced by the following:

(4) For the purposes of subsections (2) and (3), near coastal voyage, Class 2 and sheltered waters voyage have the same meaning as in section 1 of the Vessel Safety Certificates Regulations.

42 Subsection 509(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations.

Vessel Pollution and Dangerous Chemicals Regulations

43 The definition inland waters of Canada in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulationsfootnote 13 is replaced by the following:

inland waters of Canada,
except in Division 4 of Part 2, has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)
Vessel Fire Safety Regulations

44 The definition sheltered waters voyage in subsection 1(1) of the Vessel Fire Safety Regulationsfootnote 14 is replaced by the following:

sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)

45 (1) The definitions near coastal voyage, Class 1, near coastal voyage, Class 2 and unlimited voyage in section 100 of the Regulations are replaced by the following:

near coastal voyage, Class 1
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
near coastal voyage, Class 2
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)
unlimited voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

(2) Section 100 of the Regulations is amended by adding the following in alphabetical order:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

(3) Section 100 of the Regulations is renumbered as subsection 100(1) and is amended by adding the following:

(2) For the purposes of this Part, a reference to “near coastal voyage, Class 2” must be read as including a reference to “inland voyage”.

Navigation Safety Regulations, 2020

46 (1) The definitions near coastal voyage, Class 1, near coastal voyage, Class 2, sheltered waters voyage and unlimited voyage in section 1 of the Navigation Safety Regulations, 2020footnote 15 are replaced by the following:

near coastal voyage, Class 1
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 1)
near coastal voyage, Class 2
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)
sheltered waters voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)
unlimited voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage illimité)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

inland voyage
has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

47 Paragraph 106(3)(a) of the Regulations is replaced by the following:

48 The portion of subsection 116(2) of the Regulations before paragraph (a) is replaced by the following:

Subsection 13(1) of Vessel Safety Certificates Regulations

(2) In the case of a vessel that is required under section 115 to be fitted with a VDR, the annual performance test referred to in subsection (1) may be carried out at the same time as an inspection for the purpose of issuing a certificate under subsection 13(1) of the Vessel Safety Certificates Regulations if the period between tests does not exceed

49 Paragraph 125(1)(a) of the Regulations is replaced by the following:

50 (1) Paragraph 209(1)(b) of the Regulations is replaced by the following:

(2) The portion of subsection 209(3) of the Regulations before paragraph (a) is replaced by the following:

EPIRB or other equipment

(3) A vessel that is 12 m or less in length and engaged on an inland voyage in the waters of the Great Lakes, their connecting and tributary waters or the waters of the St. Lawrence River, or on a near coastal voyage, Class 2, must be equipped with

51 (1) The portion of subsection 240(1) of the Regulations before paragraph (a) is replaced by the following:

Radio inspection certificate

240 (1) The following vessels, other than a Safety Convention vessel, must have a radio inspection certificate to engage on a voyage:

(2) Subsection 240(2) of the Regulations is replaced by the following:

Safety certificate

(2) The master of a Safety Convention vessel must keep on board any safety certificate issued under subsection 7(1) of the Vessel Safety Certificates Regulations that relates to radio installation requirements.

Related Amendments

Canada Shipping Act, 2001
Board of Steamship Inspection Scale of Fees

52 (1) Paragraph 11(1)(b) of the Board of Steamship Inspection Scale of Feesfootnote 16 is replaced by the following:

(2) Paragraph 11(2)(b) of the Regulations is replaced by the following:

Hull Construction Regulations

53 Section 7 of the Hull Construction Regulationsfootnote 17 is replaced by the following:

7 The structural strength of every ship to which these Regulations apply shall be sufficient for the service for which the ship is intended.

54 Section 85 of the Regulations and the heading before it are repealed.

Large Fishing Vessel Inspection Regulations

55 Section 6 of the Large Fishing Vessel Inspection Regulationsfootnote 18 is replaced by the following:

6 Sections 10 to 13.1, subsections 15(12) to (12.2) and (15) and sections 19.1, 22.1 and 24 to 27 apply in respect of every existing fishing vessel over 24.4 m in length or 150 tons, gross tonnage, that is not a sailing ship.

56 Section 8 of the Regulations and the heading before it are repealed.

57 Subsections 12(3) to (11) of the Regulations are repealed.

58 (1) Subsection 13(2) of the Regulations is repealed.

(2) Subsections 13(7) and (8) of the Regulations are repealed.

59 Subsection 13.1(1.1) of the Regulations is repealed.

60 Section 18 of the Regulations and the heading before it are repealed.

61 The heading before section 29 and sections 29 to 42 of the Regulations are repealed.

62 Schedule I to the Regulations is repealed.

63 Schedule III to the Regulations is repealed.

64 Schedule V to the Regulations is repealed.

Marine Machinery Regulations

65 The definitions harmful substance, inspection certificate, inspector, local steering gear control system, periodic general inspection, periodic special inspection, pressure vessel, and shipside door-operating mechanism in subsection 2(1) of the Marine Machinery Regulationsfootnote 19 are repealed.

66 Section 6 of the Regulations and the heading before it are repealed.

67 The heading before section 12 and sections 12 to 15 of the Regulations are repealed.

68 The heading before section 19 and sections 19 to 25 of the Regulations are repealed.

69 Parts II to IV of Schedule I to the Regulations are repealed.

70 Parts II to IV of Schedule II to the Regulations are repealed.

71 Parts II to IV of Schedule III to the Regulations are repealed.

72 Parts II to IV of Schedule IV to the Regulations are repealed.

73 Parts II to IV of Schedule V to the Regulations are repealed.

74 Parts II to IV of Schedule VI to the Regulations are repealed.

75 Parts II to IV of Schedule VII to the Regulations are repealed.

76 Parts II to IV of Schedule VIII to the Regulations are repealed.

77 Parts II to IV of Schedule IX to the Regulations are repealed.

78 Parts II to IV of Schedule X to the Regulations are repealed.

79 Parts II to IV of Schedule XI to the Regulations are repealed.

80 Parts II to IV of Schedule XII to the Regulations are repealed.

81 Parts II to IV of Schedule XIII to the Regulations are repealed.

82 Parts II to IV of Schedule XIV to the Regulations are repealed.

83 Parts II to IV of Schedule XV to the Regulations are repealed.

Repeals

84 The following regulations are repealed:

Coming into Force

Publication

85 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

SCHEDULE 1

(Section 1)

Sheltered Waters Voyages — Waters

PART 1 Ontario
Item

Column 1

Waters

Column 2

Period
Lake Huron and Georgian Bay Region
1 North Channel in Lake Huron east of a line drawn from Bruce Mines to De Tour Reef Light, Michigan, and west of a line drawn from Red Rock Point at the east end of Killarney to Cape Smith on Manitoulin Island May 15 to October 15
2 The waters of Parry Sound and the waters off the Thirty Thousand Islands east of a line drawn from the southwest end of Franklin Island to the northeast end of Sandy Island and from the southwest end of Sandy Island to the east side of Fryingpan Island May 15 to October 15
3 Colpoy's Bay southwest of a line drawn from Cameron Point to Gravelly Point May 15 to October 15
4 Georgian Bay east of a line drawn to the north from at a point at 44°51.5′N, 80°00.5′W to the southern tip of Giants Tomb Island and south of a line drawn from the northern tip of Giants Tomb Island to Cognashene Point, including the waters of Severn Sound and the harbours of Penetanguishene and Midland May 1 to October 31
5 Lake Huron south of the U.S. navigation light #7 (Lake Huron Cut), west of longitude 82°24′W and north of the Fort Gratiot Light, Michigan May 15 to October 15
6 St. Clair River and Detroit River south of Fort Gratiot Light and north of latitude 42°03′N at Bar Point, but not including Lake St. Clair January 1 to December 31
7 St. Marys River south of a line drawn from North Gros Cap to Point Iroquois, Michigan, and north of a line drawn from De Tour Village, Michigan, to Barbed Point on Drummond Island, Michigan, but not east of a line drawn from Chippewa Point on Drummond Island to Big Point on St. Joseph Island May 15 to October 15
Lake Erie Region
8 Inner Bay and Long Point Bay west of a line drawn from Port Dover Harbour to the southern tip of Long Point (42°33′N, 80°03′W) May 1 to October 31
Lake Ontario Region
9 The waters between the mainland shore and Toronto Island (Toronto Inner Harbour) bounded in the west by the Western Gap by a line drawn from a point at 43°37.86′N, 79°24.13′W to a point at 43°37.82′N, 79°24.08′W, and bounded in the east by the Eastern Gap by a line drawn from a point at 43°37.87′N, 79°20.96′W to a point at 43°37.99′N, 79°20.83′W January 1 to December 31
10 Lake Ontario, excluding the waters referred to in item 9, north of a line drawn from a point at 43°36.99′N, 79°28.59′W to a point at 43°35.95′N, 79°23.13′W and thence to a point at 43°36.78′N, 79°20.65′W May 1 to October 31
11 Presqu'ile Bay near Brighton west of a line drawn north from Presqu'ile Point January 1 to December 31
12 Bay of Quinte and North Channel, including connecting waters, bounded in the east by a line drawn from Pleasant Point on the Cressy Point peninsula to Pig Point on Amherst Island, thence along the shoreline to the eastern end of Amherst Island (44°10.8′N, 76°37.1′W), thence to Salmon Island and thence to Carruthers Point near Kingston January 1 to December 31
13 Lake Ontario near Wolfe Island
  • (a) east of a line drawn from Nine Mile Point on Simcoe Island to Long Point on Wolfe Island and thence to Bear Point on Wolfe Island; and
  • (b) west of a line drawn from Staley Point in Boat Channel northwest to a point at 44°09.91′N, 76°31.16′W on Simcoe Island
 May 1 to October 31
14 St. Lawrence River, other than the portions of Lake St. Francis that are in Quebec,
  • (a) northeast of a line drawn from Carruthers Point near Kingston, to Salmon Island, thence to Snake Island and thence to Nine Mile Point on Simcoe Island;
  • (b) northeast of a line drawn from Staley Point in Boat Channel northwest to a point at 44°09.91′N, 76°31.16′W on Simcoe Island; and
  • (c) north of a line drawn from the southern point of Wolfe Island at Bear Point to Tibbetts Point, United States
 January 1 to December 31
15 Cook's Bay on Lake Simcoe south of a line drawn from Jacksons Point to the northern tip of Fox Island and thence to Leonards Beach (44°20.3′N, 79°32′W) May 1 to October 31
16 Kempenfelt Bay on Lake Simcoe west of a line drawn from a point at 44°26.1′N, 79°31.5′W to Big Bay Point May 1 to October 31
17 Rice Lake and Lake Couchiching on the Trent-Severn Waterway May 1 to October 31
Lake Superior Region
18 Lake of the Woods north of latitude 49°N May 15 to October 15
19 Thunder Bay Harbour (48°25′N, 89°12′W) May 15 to October 15
20 Black Bay (48°41′N, 88°26′W) May 15 to October 15
21 Nipigon Bay (48°52′N, 88°06′W) May 15 to October 15
22 Trout Lake (51°12′N, 93°19′W) May 15 to October 15
23 Big Trout Lake (51°00′N, 94°30′W) May 15 to October 15
24 North Caribou Lake (52°47′N, 90°44′W) May 15 to October 15
25 Lake St. Joseph (51°05′N, 90°22′W) May 15 to October 15
26 Weagamow Lake (52°54′N, 91°21′W) May 15 to October 15
27 Windigo Lake (52°34′N, 91°30′W) May 15 to October 15
28 Winisk Lake (52°52′N, 87°16′W) May 15 to October 15
29 Wunnumin Lake (52°55′N, 89°08′W) May 15 to October 15
PART 2 Quebec
Item

Column 1

Waters

Column 2

Period
1 Missisquoi Bay on Lake Champlain north of latitude 45°01′N January 1 to December 31
2 Deux Montagnes Lake (45°30′N, 74°12′W) January 1 to December 31
3 Mégantic Lake (45°30′N, 70°53′W) January 1 to December 31
4 Memphrémagog Lake (45°01′N, 72°14′W) January 1 to December 31
5 Lake St. Francis (45°13′N, 74°14′W) January 1 to December 31
6 Lake Saint-Louis (45°24′N, 73°50′W) January 1 to December 31
7 St. Lawrence River between Trois-Rivières and Saint-Jean-de-l'Île-d'Orléans, bounded in the west by longitude 72°40′W and in the east by longitude 70°53′W January 1 to December 31
8 Saguenay River west of a line drawn from Pointe Noire (48°07.433′N, 69°42.979′W) to Pointe Rouge (48°08.098′N, 69°42.08′W) January 1 to December 31
9 Lake Saint-Pierre bounded in the west by longitude 72°58′W and in the east by longitude 72°40′W January 1 to December 31
10 Mingan Archipelago bounded in the west by longitude 64°14′W, in the east by longitude 63˚27′W and in the south by latitude 50°10′N May 1 to September 30
11 Sept Îles Bay bounded by a line drawn from a point at 50°08.5′N, 66°31.5′W to a point at 50°04.5′N, 66°23.5′W, thence to a point at 50°08′N, 66°15′W and thence to a point at 50°12.8′N, 66°13.5′W January 1 to December 31
12 Havre aux Maisons Lagoon (Magdalen Islands) April 1 to December 31
13 Grande Entrée Bay (Magdalen Islands), including Grande Entrée Lagoon, bounded by a line drawn from the northern light on the wharf at Grande-Entrée (47°33.377′N, 61°33.793′W) to the eastern edge of Dune du Sud (47°33.547′N, 61°35.454′W) April 1 to December 31
14 Plaisance Bay (Magdalen Islands) bounded in the east by a line drawn from Moine-Qui-Prie Cape (47°23.434′N, 61°46.395′W) to the northern end of La Black Head Point on Île d'Entrée (47°17.295′N, 61°41.396′W), thence along the west shore of Île d'Entrée to the wharf at point 47°16.643′N, 61°43.1′W and thence to the northeastern tip of Dune Sandy Hook (47°16.135′N, 61°46.779′W) May 1 to September 30
15 The waters lying within a radius of five nautical miles from the wharf at Percé (48°31.219′N, 64°12.652′W) May 1 to September 30
16 Gaspé Harbour bounded in the east by longitude 64°24.8′W from f Sandy Beach Point to the north shore of Gaspé Harbour April 1 to October 31
17 Gaspé Bay bounded in the east by longitude 64°10′W June 1 to October 31
18 Chaleur Bay, including the Restigouche River, bounded in the east by longitude 66°05′W May 1 to October 31
PART 3 Nova Scotia
Item

Column 1

Waters

Column 2

Period
1 Bras d'Or Lake, Great Bras d'Or Channel and connecting waters
  • (a) inside a line drawn from Carey Point (46°17.6′N, 60°25′W) to Noir Point (46°17.45′N, 60°24.8′W);
  • (b) inside a line drawn from Point Aconi (46°18.72'N, 60°17.23′W) to Alder Point (46°18.67'N, 60°16.97'W); and
  • (c) north of the seaward end of St. Peters Canal (45°39.2′N, 60°52.15′W)
 May 1 to October 31
2 Annapolis Basin and Digby Gut inside a line drawn from Point Prim Lighthouse (45°41.5′N, 65°47.2′W) to Victoria Beach at the entrance to Digby Gut (45°41.3′N, 65°45.5′W) May 1 to October 31
3 Halifax Harbour and the waters inside a line drawn from the triangulation station on Osborne Head (44°36.75′N, 63°25.35′W) to the eastern end of Chebucto Head (44°30.15′N, 63°31.2′W) January 1 to December 31
4 LaHave River north of a line drawn from a point at 44°16.03′N, 64°19.83′W to a point at 44°15.8′N, 64°22.1′W May 1 to August 31
5 The waters inside a line drawn from the eastern end of Country Harbour Head (45°07.42′N, 61°38.73′W) to a point at Harbour Island (45°08.2′N, 61°37′W) and a line drawn from 45°08.3′N, 61°36.16′W, near Burke Point, to the light near Darby Point March 1 to November 30
6 St. Anns Harbour inside a line drawn from Bar Point (46°17.8′N, 60°31.91′W) to a point at St. Anns Beach (46°17.72′N, 60°32.52′W), including the waters of Jersey Cove March 1 to October 31
7 Inner Sydney Harbour south of a line drawn from Amelia Point (46°09.04′N, 60°13.26′W) to Battery Point (46°09.05′N, 60°12.2′W) May 1 to October 31
8 St. Margarets Bay north of a line drawn from Tilley Point (44°32.3′N, 64°01′W) to Mackerel Point (44°32.118′N, 63°56.8′W) May 1 to September 30
PART 4 New Brunswick
Item

Column 1

Waters

Column 2

Period
1 Saint John Harbour inside the southern breakwater and inside a line drawn from the southern end of the northern breakwater (45°15.42′N, 66°02.72′W) to the eastern point of Partridge Island (45°14.42′N, 66°03.08′W) January 1 to December 31
2 Shediac Harbour west of a line drawn from Pointe-du-Chêne (46°14.48′N, 64°30.7′W) to Caissie Cape (46°18.75′N, 64°30.6′W) April 1 to December 31
3 Miramichi Bay west of a line drawn from the eastern shore of Neguac Beach (47°13.1′N, 65°01.3′W) to the eastern shores of Portage and Fox islands and thence to the western point of Preston Beach (47°04.45′N, 64°57.05′W) April 1 to December 31
4 Nepisiguit Bay inside a line drawn from Youghall Point (47°39.3′N, 65°37.42′W) to Carron Point (47°39.1′N, 65°37.39′W) April 1 to December 31
5 Dalhousie Harbour and Restigouche River west of a line drawn from Miguasha Point (48°04.06′N, 66°17.6′W), Quebec, to the mouth of the Charlo River (47°59.3′N, 66°17.2′W) January 1 to December 31
6 Shippegan Bay inside the breakwater at Shippegan Gully (47°43.1′N, 64°39.85′W) and south of a line drawn from Canot Point (47°48.6′N, 64°42.3′W) to Pokesudie Point (47°48.8′N, 64°44.8′W) April 1 to December 31
7 Miscou Harbour east of a line drawn from Black Point (47°53.2′N, 64°37.7′W) to Mark Point (47°53.9′N, 64°35.5′W) April 1 to December 31
8 Passamaquoddy Bay as far as Campobello Island and inside a line drawn at the northern entrance to that bay from East Quoddy Head (44°57.5′N, 66°53.9′W) to Deadmans Head (45°02.45′N, 66°47.05′W) January 1 to December 31
9 Little Shemogue Harbour inside a line drawn from a point at 46°10.201′N, 64°04.048′W on the east side of that harbour to a point at 46°10.241′N, 64°05.091′W on the west side of that harbour April 1 to December 31
10 Shemogue Harbour inside a line drawn from Shemogue Head (46°11′N, 64°07.2′W) to Little Cape (46°10.879′N, 64°08.503′W) April 1 to December 31
11 L'Aboiteau Harbour inside a line drawn from a point at 46°13.885′N, 64°17.875′W on the east side of that harbour to a point at 46°13.889′N, 64°17.951′W on the west side of that harbour April 1 to December 31
12 Kouchibouguac River inside a line drawn from a point at 46°13.35′N, 64°21.933′W on the east side of that river to Robichaud wharf (46°13.889′N, 64°23′W) April 1 to December 31
13 Aboujagane River inside a line drawn from Robichaud wharf (46°13.889′N, 64°23′W) to a point at 46°13.510′N, 64°23.552′W on the west side of that river April 1 to December 31
14 Shediac Bay inside a line drawn from Pointe-du-Chêne (46°14.5′N, 64°30.8′W) to Pointe Grande-Digue (46°17.404′N, 64°32.064′W) April 1 to December 31
15 Cocagne Harbour inside a line drawn from Pointe aux Renards (46°22.026′N, 64°33.733′W) to a point at 46°22.466′N, 64°34.9′W on the east side of Cocagne Island and a line drawn from a point at 46°23.972′N, 64°36.666′W on the northwest side of Cocagne Island to Cormierville wharf (46°24.5′N, 64°36.933′N) April 1 to December 31
16 Buctouche Harbour and connecting waters inside a line drawn from a point at 46°27.633′N, 64°36.716′W on the southeast side of Buctouche Dune to Saint-Thomas-de-Kent wharf (46°26.855′N, 64°38.215′W) April 1 to December 31
17 Richibucto Harbour and connecting waters inside a line drawn from a point at 46°42.583′N, 64°47.383′W on South Richibucto Beach to a point at 46°42.933′N, 64°47.383′W on North Richibucto Dune April 1 to December 31
18 Saint-Louis Bay and connecting waters inside a line drawn from a point at 46°46.999′N, 64°51.594′W on North Richibucto Dune to a point at 46°46.966′N, 64°52.382′W on South Richibucto Dune April 1 to December 31
19 Kouchibouguac Bay and connecting waters inside a line drawn from a point at 46°50.221′N, 64°54.599′W on South Kouchibouguac Dune to a point at 46°50.633′N, 64°54.833′W on North Kouchibouguac Dune April 1 to December 31
20 Rivière du Portage inside a line drawn from a point at 46°54.974′N, 64°53.365′W on the south side of that river to a point at 46°55.017′N, 64°53.326′W on the north side of that river April 1 to December 31
21 Escuminac River inside a line drawn from a point at 47°03.467′N, 64°49.533′W on the south side of that river to a point at 47°03.485′N, 64°49.494′W on the north side of that river April 1 to December 31
PART 5
Manitoba
Item Column 1 Waters Column 2 Period
1 Churchill River and connecting waters extending to an area five nautical miles in radius seaward of Merry Rock (58°47.5′N, 94°12.2′W) located at the mouth of the river July 1 to August 31
2 Bolton Lake (54°16′N, 95°47′W) May 1 to September 30
3 Joint Lake (54°22.55′N, 95°24.766′W) May 1 to September 30
4 Munroe Lake (59°11.8′N, 98°33.25′W) June 1 to September 30
PART 6
British Columbia
Item Column 1 Waters Column 2 Period
1 Vancouver Harbour east of a line drawn from Point Atkinson to the "QA" buoy (49°16.6′N, 123°19.3′W), thence to the west end of the North Arm Jetty and thence to Point Grey, including False Creek Inlet and Indian Arm January 1 to December 31
2 Fraser River east of a line drawn from Point Grey to the west end of the North Arm Jetty and along the western coasts of Iona Island and Sea Island, including the causeway between Iona Island and Sea Island, to a point on the south side of Sea Island at 49°11.2′N, 123°12.2′W, thence along a line drawn from 49°11.2′N, 123°12.2′W to a point at 49°11.2′N, 123°12′W, thence south to a point at 49°07.85′N, 123°12′W, thence to a point at 49°08.3′N, 123°14′W, thence to a point at 49°06.15′N, 123°19.3′W, thence to a point at 49°05.4′N, 123°19.3′W, thence to a point at 49°07.4′N, 123°14′W, thence to Pelly Point (49°06.6′N, 123°11.2′W), thence south along the west coast of Westham Island to longitude 123°10′W, thence along that line of longitude south to latitude 49°04′N and thence east along that line to the mainland shore January 1 to December 31
3 Juan de Fuca Strait inside a line drawn south from the mainland coast along longitude 123°18.3′W to the southern edge of the Trial Islands (48°23.7′N, 123°18.3′W) and thence to the southern edge of Albert Head (48°23.08′N, 123°28.9′W), including Esquimalt Harbour, Selkirk Water Inlet and the navigable streams flowing into Victoria Harbour January 1 to December 31
4 Alberni Inlet and the eastern channel of Barkley Sound bounded in the west by a line drawn from Aguilar Point (48°50.28′N, 125°08.45′W) near Bamfield Inlet to the northern point on Helby Island (48°51.28′N, 125°10.20′W), thence to the southern point of the Deer Group islands (48°51.90′N, 125°10.10′W) and thence to the northern side of Junction Passage (48°57.28′N, 125°01.75′W) January 1 to December 31
5 Nanaimo Harbour, including the waters inside a line drawn from Horswell Bluff (49°12.7′N, 123°56.45′W) to Malaspina Point on Gabriola Island (49°11.5′N, 123°52.4′W), across Gabriola Island to the eastern edge of False Narrows (49°08.1′N, 123°46.75′W) and thence west along latitude 49°08.1′N to the western edge of Dodd Narrows January 1 to December 31
6 Okanagan Lake January 1 to December 31
7 The waters of the Strait of Georgia, Burrard Inlet and the Fraser River that are not included in items 1, 2 and 8 that are north of the border between Canada and the United States at the 49th parallel and east of longitude 123°22.666′W, but excluding Boundary Bay January 1 to December 31
8 Howe Sound north of a line drawn from Gower Point to Cape Roger Curtis on Bowen Island, thence across Bowen Island to Point Cowan and thence to Point Atkinson June 1 to September 30
9 Quatsino Sound and connecting waters as far west as Koprino Harbour January 1 to December 31
10 Jervis Inlet inside a line drawn from Thunder Point to Ball Point and the connecting waters that are not seaward of Fox Island in Telescope Passage, including the Agamemnon Channel and Pender Harbour, inside a line drawn from Fearney Point to Moore Point January 1 to December 31
11 Near Prince Rupert,
  • (a) the waters of Chatham Sound that are north of latitude 54°08.583′N and east of longitude 130°26.883′W;
  • (b) Prince Rupert Harbour and connecting waters, east of a line drawn from Straith Point (54°18.483′N, 130°28.4′W) to Observation Point (54°20.13′N, 130° 27.7′W); and
  • (c) Inverness Passage north of Osborn Point (54°09.034′N, 130°09.292′W) on Smith Island
 January 1 to December 31
12 The bays, channels, inlets, and passages in the Gulf Islands west of a line drawn from the western edge of Dodd Narrows to the east along latitude 49°08.1′N, thence to the eastern edge of False Narrows (49°08.1′N, 123°46.75′W), thence along the western shore of Gabriola Island to Josef Point, thence to Cordero Point on Valdes Island, thence along the western shore of Valdes Island to Vernaci Point, thence to Race Point, thence along the western shore of Galiano Island to Rip Point, thence to Georgina Point on Mayne Island, thence along the western shore of Mayne Island to Campbell Point, thence to Grainger Point on Samuel Island, thence along the western shore to the eastern point of Samuel Island, thence to Winter Point on Saturna Island, thence along the western shore of Saturna Island to East Point, thence southwest along a line drawn to Point Fairfax on Moresby Island, thence south to the eastern tip of Gooch Island, thence south to Wymond Point on Sidney Island, thence to Sallas Rocks and thence west to the northern point of Cordova Spit on Vancouver Island January 1 to December 31
13 Clayoquot Sound east of a line drawn from Sharp Point (49°20.9′N, 126°15.6′W) to Cox Point (49°05.8′N, 125°53.3′W) January 1 to December 31
14 Sooke Harbour, Sooke Basin, Sooke Inlet and Sooke Bay, inside a line drawn from Otter Point to Possession Point on Vancouver Island January 1 to December 31
15 The waters that are
  • (a) in Lama Passage north of a line drawn east from Napier Point (52°07.90′N, 128°08.03′W) on Campbell Island to the Denny Island shore;
  • (b) in Gunboat Passage south and west of a line drawn from Georgie Point (52°11.12′N, 127°53.08′W) on Denny Island to Madigan Point (52°11.36′N, 127°53.65′W) on Cunningham Island;
  • (c) in Troup Passage south of Troup Narrows;
  • (d) in Seaforth Channel east of a line drawn from Christiansen Point (52°14.21′N, 128°10.88′W) to Lay Point (52°12.78′N, 128°10.36′W); and
  • (e) connected to the waters referred to in paragraphs (a) to (d)
 January 1 to December 31
16 Kitimat Arm and Kildala Arm north of a line drawn from Hilton Point (53°48.9′N, 128°52.266′W) through Louis Point (53°49.133′N, 128°45.633′W) on Coste Island to Steel Point (53°49.883′N, 128°42.333′W) January 1 to December 31
17 Portland Canal near Stewart, British Columbia, north of a line drawn from Glacier Point (55°49.133′N, 130°06.633′W) to Engineers Point on the opposite shore January 1 to December 31
18 Nootka Sound, Muchalat Inlet, Tlupana Inlet, Tahsis Inlet, Zeballos Inlet, Hecate Channel and connecting waters
  • (a) east of a line drawn from Steamer Point (49°53.183′N, 126°47.883′W) northwest to the opposite shore; and
  • (b) north of a line drawn from Yuquot Point on Nootka Island east to Burdwood Point on the Vancouver Island shore
 January 1 to December 31
19 Comox Harbour west of a line drawn from the light on Goose Spit (49°39.618′N, 124°55.505′W) south to the Vancouver Island shore July 1 to October 31
PART 7
Prince Edward Island
Item Column 1 Waters Column 2 Period
1 Charlottetown Harbour inside a line drawn from Canceaux Point (46°12.35′N, 63°08.42′W) to Battery Point (46°12.48′N, 63°7.58′W) April 1 to December 31
2 Summerside Harbour inside a line drawn from Phelan Point (46°23.4′N, 63°50′W) to Indian Spit breakwater (46°22.8′N, 63°49.05′W) April 1 to December 31
3 Cardigan Bay inside a line drawn from Panmure Head (46°08.7′N, 62°28′W) to Red Point (46°12.42′N, 62°28.25′W) April 1 to December 31
4 South Lake inside a line drawn from a point at 46°24.45′N, 62°03.466′W to a point at 46°24.3′N, 62°03.766′W April 1 to December 31
5 Colville Bay and Souris River inside a line drawn from Lobster Point (46°20.6′N, 62°16.2′W) to Swanton Point (46°20.533′N, 62°14.4′W) April 1 to December 31
6 Rollo Bay inside a line drawn from Howe Point (46°18.266′N, 62°20′W) to Sheep Head (46°20.033′N, 62°17.7′W) April 1 to December 31
7 Howe Bay inside a line drawn from Durell Point (46°16.55′N, 62°21.4′W) to Howe Point (46°18.266′N, 62°20′W) April 1 to December 31
8 Spry Cove inside a line drawn from Spry Point (46°15.045′N, 62°22.53′W) to Durell Point (46°16.55′N, 62°21.4′W) April 1 to December 31
9 Boughton River inside a line drawn from Solander Point (46°14.55′N, 62°25.25′W) to Spry Point (46°15.045′N, 62°22.53′W) April 1 to December 31
10 Georgetown Harbour and connecting waters inside a line drawn from Launching Point (46°12.766′N, 62°24.466′W) to Boughton Spit (46°11.766′N, 62°25.9′W) and thence to Panmure Head (46°08.7′N, 62°28′W) April 1 to December 31
11 Murray Harbour inside a line drawn from Sable Point (46°01.366′N, 62°29′W) to Old Store Point (46°01.3′N, 62°28.733′W) and a line drawn from a point at 46°02.15′N, 62°29.01′W to a point at 46°01.912′N, 62°29.256′W April 1 to December 31
12 Belle River inside a line drawn from a point at 45°58.45′N, 62°50.75′W to a point at 45°58.4′N, 62°50.72′W April 1 to December 31
13 Flat River inside a line drawn from Big Point (46°00.05′N, 62°53.616′W) to a point at 46°00.894′N, 62°53.818′W April 1 to December 31
14 Pinette Harbour and connecting waters inside a line drawn from Pond Point (46°03.3′N, 62°57.333′W) to Pinette Point (46°02.55′N, 62°56.483′W) April 1 to December 31
15 Orwell Bay inside a line drawn from Point Prim (46°03.166′N, 63°02.383′W) to Gallas Point (46°07.333′N, 62°57.733′W) April 1 to December 31
16 Pownal Bay inside a line drawn from Gallas Point (46°07.333′N, 62°57.733′W) to Pownal Point (46°10.483′N, 62°59.2′W) April 1 to December 31
17 West Hillsborough Bay inside a line drawn from Holland Cove Point (46°10.911′N, 63°08.22′W) to North Point on St. Peters Island (46°07.7′N, 63°10.4′W) and thence to Rice Point (46°07.883′N, 63°13.25′W) April 1 to December 31
18 Tryon River inside a line drawn from Birch Point (46°12.116′N, 63°31.666′W) to Tryon Head (46°12.343′N, 63°32.749′W) April 1 to December 31
19 Cape Traverse inside a line drawn from Bells Point (46°13.22′N, 63°39.279′W) to a point at 46°13.96′N, 63°39.228′W April 1 to December 31
20 Summerside Harbour and connecting waters inside a line drawn from Graham Head (46°20.35′N, 63°48.933′W) to Phelan Point (46°23.4′N, 63°50′W) April 1 to December 31
21 Miscouche Cove inside a line drawn from Phelan Point (46°23.4′N, 63°50′W) to Ives Point (46°23.56′N, 63°53.166′W) April 1 to December 31
22 Sunbury Cove inside a line drawn from Ives Point (46°23.56′N, 63°53.166′W) to Sunbury Point (46°24.02′N, 63°56.475′W) April 1 to December 31
23 The waters inside a line drawn from Maximeville (46°25.816′N, 64°08.45′W) to Rocky Point (46°31.333′N, 64°06.75′W) April 1 to December 31
24 Percival Bay inside a line drawn from Rocky Point (46°31.333′N, 64°06.75′W) to Grande Digue Point (46°35.097′N, 64°06.564′W) April 1 to December 31
25 West Egmont Bay inside a line drawn from a point at 46°36.95′N, 64°11.45′W to the West Point wharf breakwater (46°37.083′N, 64°22.333′W) April 1 to December 31
26 Miminegash River and connecting waters inside a line drawn from a point at 46°52.774′N, 64°14.028′W to a point at 46°52.753′N, 64°14.032′W April 1 to December 31
27 Skinners Pond inside a line drawn from a point at 46°57.931′N, 64°07.507′W to a point at 46°57.912′N, 64°07.537′W April 1 to December 31
28 The waters of Tignish inside a line drawn from the northern breakwater (46°57′N, 63°59.7′W) to the southern breakwater (46°56.9′N, 63°59.7′W) April 1 to December 31
29 The waters of Little Tignish Run inside a line drawn from a point at 46°56.163′N, 63°59.509′W to a point at 46°56.147′N, 63°59.486′W April 1 to December 31
30 Kildare Creek inside a line drawn from Creek Point (46°51.282′N, 64°00.494′W) to a point at 46°51.216′N, 64°00.666′W April 1 to December 31
31 Alberton Harbour, Cascumpec Bay, Conway Narrows, Malpeque Bay, and connecting waters,
  • (a) inside a line drawn from Kildare Point (46°48.233′N, 64°02′W) to Cascumpeque Lighthouse (46°48.016′N, 64°02.161′W);
  • (b) inside a line drawn from the north side of Palmer Inlet (46°45.233′N, 64°00.533′W) to the south side of Palmer Inlet (46°44.846′N, 64°00.304′W);
  • (c) inside a line drawn from the north side of Hardys Channel (46°39.616′N, 63°52.75′W) to the south side of that channel (46°39.416′N, 63°52.183′W); and
  • (d) inside a line drawn from a point at 46°34.433′N, 63°42.533′W on Fish Island to Profitts Point (46°34.074′N, 63°40.056′W)
 April 1 to December 31
32 New London Bay inside a line drawn from a point at 46°30.853′N, 63°29.068′W on the west side of that bay to a point at 46°30.636′N, 63°28.073′W on the east side of that bay April 1 to December 31
33 Rustico Bay inside a line drawn from a point at 46°27.416′N, 63°17.266′W on the west side of that bay to a point on the west end of Robinsons Island (46°27.533′N, 63°15.35′W) and a line drawn from a point on the east end of that island (46°26.033′N, 63°14.033′W) to Brackley Point (46°25.911′N, 63°13.843′W) April 1 to December 31
34 Covehead Bay inside a line drawn from a point at 46°25.798′N, 63°08.878′W on the west side of that bay to Cape Stanhope (46°25.803′N, 63°08.791′W) April 1 to December 31
35 Tracadie Bay inside a line drawn from a point at 46°24.833′N, 63°02.616′W on Dalvay Beach to a point at 46°24.883′N, 63°02.3′W on the east side of that bay April 1 to December 31
36 Savage Harbour inside a line drawn from a point at 46°25.972′N, 62°50.07′W on the west side of that harbour to the light at the breakwater at that harbour (46°26.02′N, 62°49.941′W) April 1 to December 31
37 St. Peters Bay inside a line drawn from a point at 46°26.616′N, 62°44.466′W on the west side of that bay to a point at 46°26.71′N, 62°43.75′W on the east side of that bay April 1 to December 31
38 North Lake inside a line drawn from a point at 46°28.12′N, 62°04.129′W on the west side of North Lake Run to a point at 46°28.112′N, 62°04.091′W on the east side of North Lake Run April 1 to December 31
PART 8
Saskatchewan
Item Column 1 Waters Column 2 Period
1 Lake Diefenbaker (51°41.10′N, 107°09.30′W) June 1 to November 30
2 Redberry Lake (52°60.30′N, 106°39.30′W) May 1 to September 30
3 Candle Lake (53°49.67′N, 105°18.802′W) May 1 to November 30
PART 9
Newfoundland and Labrador
Item Column 1 Waters Column 2 Period
1 Humber Arm east of a line drawn from Frenchman's Head triangulation station (49°03.7′N, 58°09.85′W) to McIver's Point triangulation station (49°04.6′N, 58°08.7′W) May 1 to October 31
2 Bull Arm inside a line drawn from Stanton Point (47°47.51′N, 53°50.34′W) to Stock Cove Point (47°46.78′N, 53°51.62′W) April 1 to October 31
PART 10
Northwest Territories
Item Column 1 Waters Column 2 Period
1 Kugmallit Bay south of a line drawn from Skiff Point on its western shore to a point at latitude 69°30′N on its eastern shore June 1 to October 31
2 Cli Lake (61°59′N, 123°18.083′W) June 1 to September 30
3 Duncan Lake (62°51′N, 113°58.066′W) June 1 to September 30
4 Kasba Lake (60°18′N, 102°7.016′W) June 1 to August 31
5 Lac La Martre (63°15′N, 117°55.083′W) June 1 to September 30
6 MacKay Lake (63°55.066′N, 110°25.05′W) July 1 to September 30
7 Mosquito Lake (62°36′N, 103°22.033′W) July 1 to September 30
8 Nonacho Lake (61°59′N, 109°28.05′W) June 1 to September 30
9 Point Lake (65°15.016′N, 113°4.066′W) July 1 to September 30
10 Stark Lake (62°28′N, 110°20.05′W) June 1 to September 30
11 Christie Bay on Great Slave Lake northeast of a line drawn from Utsingi Point (62°21.116′N, 111°40.774′W) true south to a point on the north shore of Etthen Island at 62°20.049′N, 111°40.776′W and a line drawn from the southwest point of Etthen Island (62°09.709′N, 111°52.536′W) to Pekanatui Point (62°08.12′N, 111°38.633′W) and thence east to a point on the mainland shore at 62°08.113′N, 111°36.337′W June 1 to September 30
12 Great Slave Lake and its outflow into the Mackenzie River west of longitude 116°25′W and east of the Deh Cho Bridge June 1 to September 30
13 Mackenzie River, including Mills Lake, downstream of the Deh Cho Bridge and upstream of a line drawn across the river near kilometre 140 from a point on the north shore at 61°19.174′N, 118°33.083′W to a point on the south shore near Axe Point at 61°18.352′N, 118°32.197′W June 1 to September 30
14 Great Slave Lake near Taltheilei Narrows, east of a line drawn from the southwestern end of Sachowia Point (62°22.559′N, 111°43.931′W) to Utsingi Point (62°21.115′N, 111°40.774′W) and west of longitude 111°21.75′W June 1 to September 30
15 The North Arm of Great Slave Lake northwest of a line drawn from Whitebeach Point (62°28.159′N, 115°15.138′W) to a point on the opposite shore at 62°30.583′N, 115°10.25′W June 1 to October 31
16 Great Slave Lake south of the Yellowknife River Bridge and north of a line drawn from a point at 62°17.328′N, 114°12.242′W on the mainland shore at the mouth of Wool Bay, thence to the southern tip of Ruth Island (62°17.372′N, 114°14.219′W), thence to a point at 62°15.967′N, 114°28.117′W in the West Mirage Islands and thence northwest to a point on the mainland shore at 62°21′N, 114°35′W June 1 to October 31
PART 11
Nunavut
Item

Column 1

Waters

Column 2

Period
1 Outlet Bay, Dubawnt Lake, east of a line drawn from a point at 63°22.485′N, 101°06.517′W to a point at 63°20.054′N, 101°01.178′W July 1 to August 31

SCHEDULE 2

(Section 1)

Sheltered Waters Voyages Made by a Ferry

PART 1
Ontario
Item

Column 1

Points

Column 2

Period
1 Cochenour and McKenzie Island on Red Lake (51°04.3′N, 93°48.5′W) January 1 to December 31
2 Glenora and Adolphustown (44°02.5′N, 77°03′W) January 1 to December 31
3 Kingston (44°13.5′N, 76°28.3′W) and Marysville (44°11.4′N, 76°26.3′W) January 1 to December 31
4 Kingston (44°13.5′N, 76°28.3′W) and Dawson Point (44°12.5′N, 76°25.2′W) January 1 to December 31
5 Wolfe Island (44°08.6′N, 76°21.2′W) and Cape Vincent, New York (44°07.4′N, 76°20.1′W) January 1 to December 31
6 Wolfe Island (44°10′N, 76°30′W) and Simcoe Island (44°10.5′N, 76°30′W) January 1 to December 31
7 Millhaven (44°11.3′N, 76°44.2′W) and Stella (44°10.1′N, 76°42.1′W) January 1 to December 31
8 At the east end of Howe Island table c8 note * a point at 44°18.2′N, 76°11.3′W and a point at 44°18.3′N, 76°11.5′W January 1 to December 31
9 At the west end of Howe Island table c8 note * a point at 44°16.4′N, 76°19.4′W and a point at 44°16.2′N, 76°19.3′W January 1 to December 31
10 Abitibi River table c8 note * a point at 49°17.5′N, 81°03.6′W and a point at 49°17.5′N, 81°03.7′W January 1 to December 31
11 Moosonee (51°16′N, 80°37′W) and Moose Factory Island (51°15.5′N, 80°37′W) January 1 to December 31
12 Cedar Point (44°48.3′N, 80°07.1′W) and Christian Island (44°49′N, 80°10.2′W) January 1 to December 31
13 Virginia Beach (44°19′N, 79°17′W) and Georgina Island (44°21′N, 79°18′W) January 1 to December 31
14 Sombra (42°42.5′N, 82°28.5′W) and Marine City, Michigan (42°42.5′N, 82°29.2′W) January 1 to December 31
15 Any two or more of the following: the Walpole Island ferry terminal (42°37′N, 82°30.5′W), Algonac, Michigan (42°37′N, 82°31′W), and Russell Island, Michigan (42°36′N, 82°31′W) January 1 to December 31
16 Amherstburg (42°06′N, 83°06.5′W) and Bois Blanc Island (42°06′N, 83°07′W) January 1 to December 31

Table c8 note(s)

Table c8 note *

Cable ferry

Return to table c8 note * referrer
PART 2
Quebec
Item

Column 1

Points

Column 2

Period
1 The wharf at Saint-Joseph-de-la-Rive (47°26.926′N, 70°21.91′W) and Île-aux-Coudres wharf (47°25.26′N, 70°23.546′W) January 1 to December 31
2 The wharf at Montmagny (46°59.41′N, 70°33.216′W) and the wharf at Île aux Grues (47°03.3′N, 70°31.894′W) January 1 to December 31
3 The wharf of the municipality of L'Isle-Verte (48°01.5′N, 69°20.983′W) and the public wharf at La Richardière (48°02.363′N, 69°24.368′W) January 1 to December 31
4 The wharf at Saint-Augustin (51°13.5′N, 58°39.1′W) and the wharf at Pointe-à-la-Truite (51°10.9′N, 58°34.1′W) May 1 to November 30
PART 3
Nova Scotia
Item

Column 1

Points

Column 2

Period
1 The wharf at 46°17.4′N, 60°32.5′W and the wharf at 46°17.36′N, 60°32.348′W (Englishtown ferry route) January 1 to December 31
2 The wharf at 45°59.53′N, 60°59.017′W and the wharf at 45°59.572′N, 60°59.163′W (Little Narrows ferry route) January 1 to December 31
3 The wharf at 45°10.15′N, 61°42.178′W and the wharf at 45°10.476′N, 61°41.83′W (Country Harbour ferry route) January 1 to December 31
4 The wharf at 44°17.754′N, 64°21.69′W and the wharf at 44°18.17′N, 64°21.56′W (LaHave River ferry route) January 1 to December 31
PART 4
British Columbia
Item

Column 1

Points

Column 2

Period
1 Quathiaski Cove (50°02.534′N, 125°13.018′W) and Campbell River (50°01.694′N, 125°14.538′W) January 1 to December 31
2 Skidegate Landing (53°14.783′N, 132°00.527′W) and Alliford Bay (53°12.691′N, 131°59.307′W) January 1 to December 31
3 Any two or more of the following: Port McNeill (50°35.517′N, 127°05.25′W) on Vancouver Island, Sointula (50°38′N, 127°01.5′W) on Malcolm Island and Alert Bay (50°35.2′N, 126°55.833′W) on Cormorant Island January 1 to December 31
4 Any two or more of the following: Swartz Bay (48°41.364′N, 123°24.466′W), Montague Harbour (48°53.504′N, 123°23.385′W), Sturdies Bay (48°52.602′N, 123°18.913′W), Village Bay (48°50.674′N, 123°19.483′W), Otter Bay (48°48.028′N, 123°18.623′W) and Lyall Harbour (48°47.894′N, 123°11.708′W) January 1 to December 31
5 Any two or more of the following: Preedy Harbour (48°58.878′N, 123°40.768′W), Telegraph Harbour (48°58.204′N, 123°39.566′W) and Chemainus (48°55.56′N, 123°42.835′W) January 1 to December 31
6 Nanaimo Harbour (49°10.006′N, 123°55.859′W) and Descanso Bay (49°10.674′N, 123°51.539′W) January 1 to December 31
7 McPhail Point (48°36.841′N, 123°30.987′W) and Brentwood Bay (48°34.641′N, 123°27.888′W) January 1 to December 31
8 Snug Cove (49°22.799′N, 123°19.762′W) and Horseshoe Bay (49°22.6′N, 123°16.162′W) January 1 to December 31
9 Saltery Bay (49°46.871′N, 124°10.626′W) and Earls Cove (49°45.214′N, 124°00.506′W) January 1 to December 31
10 Crofton (48°51.948′N, 123°38.298′W) and Vesuvius Bay (48°52.875′N, 123°34.374′W) January 1 to December 31
11 Fulford Harbour (48°46.127′N, 123°26.858′W) and Swartz Bay (48°41.364′N, 123°24.466′W) January 1 to December 31
12 Langdale (49°25.912′N, 123°28.274′W) and Horseshoe Bay (49°22.6′N, 123°16.162′W) January 1 to December 31
13 Buckley Bay (49°31.542′N, 124°50.88′W) and Denman Island (49°32.09′N, 124°49.403′W) January 1 to December 31
14 Gravelly Bay (49°29.58′N, 124°42.5′W) and Hornby Island (49°30.75′N, 124°42.333′W) January 1 to December 31

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Transport Canada is addressing various issues through the replacement of the Vessel Certificates Regulations (VCR) with the Vessel Safety Certificates Regulations (VSCR). The VSCR (1) clarify or modernize existing regulatory requirements; and (2) update the requirements to better align with the Canada Shipping Act, 2001 (CSA 2001). In addition, further amendments to the provisions of the VCR are correcting minor technical discrepancies identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Background

The VCR came into force in 2007 as part of the modernization and implementation of the CSA 2001. The VCR established vessel certificate requirements for all Canadian-flagged vessels, and foreign-flagged vessels operating in Canadian waters, and consolidated and replaced the existing voyage classification system present under the former Canada Shipping Act.

Vessel certificate requirements under the VCR vary based on the voyage classification, area of operation, and size and type of vessel. Transport Canada issues safety certificates to vessels if they meet applicable technical requirements set out in regulations made under Part 4 of the CSA 2001. The voyage classification system in the VCR, which replaced the system under the former Canada Shipping Act, was developed using a risk-based approach that consisted of the following classifications, ranked from lowest risk to highest risk:

These classifications were tailored to the operational contexts of the vessels, and were made in consideration of the International Convention for the Safety of Life at Sea of 1974 (SOLAS Convention), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978, as amended in 1995. Canada is a signatory to both of these conventions.

Modernization of details of inspections

Formerly, vessel inspection requirements were spread out among several regulations, resulting in the absence of a centralized location that stakeholders could identify and reference all the requirements that may apply to them. More importantly, various regulations contained vessel inspection requirements that were outdated or obsolete, and did not reflect modern practices. For example, in the Hull Inspection Regulations, drilling a hole was listed as a method in which an inspector would determine an object's thickness, whereas the current practice is ultrasonic thickness measurement, which does not damage the object being measured. Similarly, inspection requirements for a ship's coal bunkers and ash chutes were obsolete given that composition of the modern fleet does not include steamships powered by coal.

Furthermore, because inspection requirements were set out in regulations, a full regulatory amendment process was needed to make any changes to inspection requirements, hindering Transport Canada's ability to keep them up to date. While the Minister of Transport has the authority under the CSA 2001 to establish inspection details, such as specifying documentation for the issuance of Canadian maritime documents (e.g. licence, permit or certificate), using administrative documents, Transport Canada's regulatory approach did not make use of this authority. Repealing inspection requirements and consolidating inspection details under administrative documents expedites the update process, so that inspection details can be adjusted to respond to identified safety risks or to incorporate technological advances within the Canadian inspection regime.

Clarifying vessel safety requirements

For Canadian non-Safety Convention vessels,footnote 23 the VCR stipulated vessel certificate requirements based on vessel size, number of passengers, the presence of boilers in excess of 103 kilopascals (kPa) and the presence of unfired pressure vessels. The requirement to issue certificates based on the presence of boilers or pressure vessels was outdated, as boilers are no longer used as a main source of energy on vessels and unfired pressure vessels are now serially produced using appropriate codes and standards.

The VCR stated the specific name for Safety Convention certificates and related documents, which created the need for a regulatory amendment when any new certificates or related documents were added or amended under the SOLAS Convention.

The VCR also contained a gap in respect to Continuous Synopsis Records (CSR). For example, in accordance with SOLAS Chapter XI-1, regulation 5, and the Marine Transportation Security Regulations (MTSR), Canadian- and foreign-flagged Safety Convention vessels are required to carry a Continuous Synopsis Record. The CSR is a record of the history of a Safety Convention vessel that includes information such as the vessel name(s), ownership, registration information, identification number, classification society, and administration(s) responsible for issuing the vessel's SOLAS certificates and documents. While Transport Canada Marine Safety and Security has been carrying out the practice of issuing CSRs to authorized representatives of Canadian Safety Convention vessels in accordance with the SOLAS Convention, requirements for issuing CSRs had not been stated in any regulations. Similarly, the requirement for a CSR to be kept up to date to reflect changes to information contained in the CSR had not been stated in any regulations, despite being a requirement in the SOLAS Convention.

The VCR also included unintentional requirements for certain Canadian non-Safety Convention vessels to be certificated, such as human-powered vessels carrying more than 12 passengers, including large guided canoes, dragon boats or certain non-self-propelled vessels (barges). Given that barges are included in the definition of “vessel” under the CSA 2001, an unintentional requirement for all barges to be certificated was created in 2007 with the coming into force of relevant sections of the CSA 2001 and the VCR. Most unpowered barges were not previously required to be certificated under the former Canada Shipping Act.

There were also gaps in the criteria listed in the VCR to determine if any limitations are necessary for a vessel's intended voyage, taking into account the vessel's construction, equipment, and stability and design. While the criteria in the VCR included wind velocity, wave height, and navigation hazards, they did not include “ice conditions” which are also a factor in determining necessary limitations for a vessel's voyage.

Updating voyage classification definitions and sheltered waters schedules

Commercial vessels must be designed, built and equipped to operate safely in their area of operation and must be operated in a way that respects their design limitations. Voyage classifications are used in Canada's marine-related regulations to establish the areas in which vessels can operate. Voyage classifications were defined in the Interpretation section of the VCR and were mainly based on distance from shore and, in some cases, nearest place of refuge.

Voyage classification definitions listed in the VCR, which replaced the voyage classification definitions set out in the former Canada Shipping Act, reduced the number of voyage classifications from nine to four, resulting in the unintentional inclusion of certain lower-risk waters in a higher-risk voyage category. For example, the voyage classifications omitted the inland voyage classification creating a situation whereby areas more than 25 nautical miles from shore on large lakes (e.g. Lake Huron, Lake Superior, Great Slave Lake and others) were promoted unnecessarily from the second-lowest classification of risk to the second-highest level.

This situation particularly impacted vessels engaged in near coastal voyage, Class 2 voyages operating along coastal waters and then continuing into the Great Lakes, as they were restricted to 25 nautical miles from shore, even though the conditions for the entire lake would be much less risky than a voyage in coastal waters. Thus, vessels that were operating in areas that exceeded 25 nautical miles from shore, but remained in the confines of the Great Lakes, had to carry the same equipment as their ocean-going counterparts (i.e. as per near coastal voyage, Class 1) and operators would require the same certification. The absence of the inland voyage classification also created a challenge as there was no longer a voyage classification that could properly reflect the area where the SOLAS Convention, and other International Maritime Organization conventions, did not apply in the Great Lakes and St. Lawrence River system, creating confusion for the certification of vessels operating exclusively in these areas.

Following stakeholder consultations undertaken between 2012 and 2015, the definition of sheltered waters voyage was also updated and implemented as an interim measure through a Transport Canada policy published in 2015.footnote 24 The updated definition expanded the minimum distance from shore in the sheltered waters voyage classification definition from one nautical mile to 2.5 nautical miles, thus expanding the small bodies of water which could be considered sheltered and low risk without a formal risk assessment. This resulted in a gap between the VCR and common practice. This policy has been updated on an ad hoc basis since its original publication to reflect additional sheltered waters which have been identified to be low-risk, until the VCR could be properly amended. These policy changes were communicated to stakeholders through Ship Safety Bulletins published in 2015, 2017 and 2020.footnote 25

In addition, prior to this update, sheltered waters schedules listed in the VCR had not been updated to account for new designated sheltered waters that had been identified as low risk through formal risk assessments, since the VCR came into force in 2007. These risk assessments led to an additional 87 areas that are considered “sheltered waters,” as well as minor amendments made to existing sheltered waters areas (e.g. addition of French place names, consistency in expression of coordinates). While these new designated sheltered waters have been recognized through policy implementation and subsequently published in Ship Safety Bulletins, they had not been updated in the VCR.

Addressing gaps and improving clarity

In some instances, minor gaps existed in the VCR, which created uncertainties for authorized representatives of vessels regarding their vessel safety certificate obligations. For example, the CSA 2001 requires the authorized representative to maintain the conditions of their vessel as required in Canadian maritime documents, such as vessel safety certificates. However, the VCR did not explicitly address the obligation of authorized representatives to report on how and when deficiencies identified during vessel inspections had been addressed, or to report when requirements for the issuance of certificates were no longer met, such as when a vessel was damaged, or modifications or alterations had been made that could have affected the tonnage or stability of the vessel. As a result, potential safety issues would not have been brought to Transport Canada's attention. These obligations existed in the former Canada Shipping Act, but were inadvertently lost when the VCR and the CSA 2001 came into force in 2007, although they continued in practice.

In addition, even though the CSA 2001 clearly establishes the Minister's authority in respect to the oversight and enforcement of foreign vessels in Canada, the VCR did not explicitly address their safety requirements if they were not covered under the SOLAS Convention. Addressing this gap helps to ensure that there is an equivalent level of safety between Canadian vessels and foreign non-Safety Convention vessels of similar size and type of voyage, and supports a more consistent enforcement of the CSA 2001.

Finally, the SJCSR reviewed the VCR in 2016 and provided Transport Canada with 11 recommendations for minor amendments to the VCR that would address a minor grammatical issue in a voyage definition, more clearly communicate existing requirements, and reduce inconsistencies and redundancies in the body of the regulatory text. All 11 recommendations were taken into account in drafting the VSCR.

Objectives

The objectives of the VSCR are to ensure that they

Description

The VSCR are aligned with statutory changes made when the CSA 2001 replaced the former Canada Shipping Act, and implement various Transport Canada guidance documents which have been adopted by the industry before the introduction of the VSCR. This regulatory project also follows through on the priorities of Transport Canada to modernize regulations and legislation relevant to the transportation sector, and to modernize the Canadian inspection regime.

The VSCR clarify and update existing vessel safety certificate requirements, inspection details and voyage classification definitions. The VSCR also update the schedules for sheltered waters. In addition, as part of this regulatory project, consequential amendments aim to increase regulatory flexibility, harmonization and simplicity for stakeholders and government. A description of the VSCR follows.

Title and structure

To reflect the emphasis on promoting and ensuring vessel safety, the title of the Vessel Certificates Regulations is changed to the Vessel Safety Certificates Regulations.

The structure of the VSCR increases clarity, adopting the following format:

Modernization of inspection requirements

As per paragraph 16(2)(c) of the CSA 2001, the Minister has the authority to establish inspection details, such as specifying documentation for the issuance of Canadian maritime documents (e.g. licence, permit or certificate), in administrative documents as opposed to in regulations. The Minister also has the authority to determine how, when, and for how long Canadian maritime documents are issued. Amendments have been made to multiple regulations to repeal inspection requirements and consolidate inspection details into the new Canadian Vessel Plan Approval and Inspection Standard (the Inspection Standard) which has been published concurrently with the publication of the VSCR in the Canada Gazette, Part II.

The International Maritime Organization's Harmonized System of Survey and Classification (HSSC) nomenclature (which varies slightly from the Canadian inspection regime) has been adopted to the extent possible in the Inspection Standard, resulting in greater consistency between terminology used internationally and already established in some of the more up-to-date regulations. For example, “First Inspection” has been renamed “Initial Inspection,” as is standard under the HSSC. These amendments do not change the substance or structure of inspections in Canada.

During the consolidation of inspection details under the Inspection Standard, out-of-date technical inspection details have been replaced by details of modern equivalencies that reflect current practices. For example, outdated requirements for inspectors to drill holes to measure hull thickness have been replaced with details for an ultrasonic thickness measurement. Additionally, obsolete practices have been removed and not replaced, such as the inspection requirements for a ship's coal bunkers and ash chutes, which are obsolete given that the modern fleet does not include steamships powered by coal.

Clarifying vessel safety certificate requirements

The VSCR has the same scope of application provision as the VCR with respect to vessels capable of engaging in the drilling for, or the production, conservation or processing of oil or gas. Originally, when the VSCR were prepublished in the Canada Gazette, Part I, it was stated that these vessels would not be subject to the VSCR while they were on location, and in areas referred to in the Canada Oil and Gas Operations Act, the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, and engaged in the listed activities. However, following stakeholder feedback, it was noted that this presented unintentional safety gaps for vessels on location, specifically in emergency situations that would force a vessel to detach from its operational site. As a result, the VSCR have been amended to retain the original language from the VCR.

Clarifying vessel safety certificate requirements for Safety Convention vessels

The VCR detailed certificate requirements for Safety Convention vessels by stating the certificate name directly in the regulations. In addition, the requirement for the “Record of Equipment” document to be attached to certain certificates was also stated in the VCR.

The VSCR restructure the certificate requirements for these Safety Convention vessels such that the names of specific SOLAS certificates and the specific reference to “Record of Equipment” were removed. Instead, the VSCR refer to “safety certificates” or “any documents” required to be attached to these certificates, as specified under the SOLAS Convention. This ensures that future amendments to the SOLAS Convention, such as the change in the name of a specific certificate, will not result in further amendments being required for the VSCR.

In addition, the VSCR state that the authorized representative of a vessel that holds a safety certificate must ensure that any exemption certificates that are held for the vessel are kept on board.

The VSCR also include a new clause that specifies the requirements for the issuance of a CSR for Canadian Safety Convention vessels. This aligns with the CSR requirements in the SOLAS Convention and with current practices. In addition, provisions are included in the VSCR that clarify the need for CSRs, carried by Canadian Safety Convention vessels, to remain up to date.

Clarifying vessel safety certificate requirements for non-Safety Convention vessels

To clarify and modernize the requirements for Canadian vessels that are not Safety Convention vessels, the VSCR

Two minor amendments were also made to subsection 13(1) of the VSCR, following their prepublication in the Canada Gazette, Part I, regarding the issuance of safety certificates for non-Safety Convention vessels. The English version of the proposed VSCR prepublished in the Canada Gazette, Part I, specified that the Minister must issue “a safety certificate” to a vessel if it meets the applicable requirements made under Part 4 of the CSA 2001. This has been corrected in the VSCR to read that the Minister must issue the “applicable safety certificates” for these vessels. In addition, a minor amendment was made to remove “radio installations” from the listed categories of requirements for which the Minister may issue a safety certificate. This change was necessary because radio safety certificates are issued under the Navigation Safety Regulations, 2020 for non-Safety Convention vessels and should not be included under Division 2 of the VSCR.

The VSCR also add “ice conditions” to the list of criteria considered to determine whether limits are necessary for the intended voyage. Given Canada's diverse climate and conditions (depending on geographic location and time of the year), ice conditions have always been considered in practice under “navigation hazards” within the existing criteria (which include, among other things, wave height, wind velocity, and navigation hazards); however, for clarity and certainty, ice conditions has been added explicitly to the criteria.

Voyage classification and sheltered waters

The VSCR have added “inland voyage” back into the voyage classification scheme, as well as the definition for “inland waters of Canada.” The inland voyage classification captures vessels operating on areas including Lake Huron and Lake Superior, allowing these vessels to move freely between these lakes and coastal waters without the need for a near coastal, Class 1, voyage certification. In addition, the provisions clarify that vessel safety certificates issued with a specific voyage classification may engage in a voyage of a lesser classification without the need for a new certificate.

The VSCR have also made changes to the definition of sheltered waters, matching the policy adopted by Transport Canada in 2015. The amendments expand the minimum distance from shore in the current sheltered waters voyage classification definition from one nautical mile to 2.5 nautical miles, thus expanding the number of small bodies of water which are considered sheltered, and therefore low risk, without a formal risk assessment.

In addition, the 87 sheltered waters that have been identified to be low risk through a formal risk assessment have been added to the sheltered waters schedules. Minor amendments to the schedules have also been made to ensure consistency on how waters are described across all the listings. Lastly, four listings for the Toronto area under Schedule 2 have been removed, as the updated definition for sheltered waters makes these listings redundant. Additional minor amendments to the schedules have been made to clarify listings or address inconsistencies following the prepublication of the VSCR in the Canada Gazette, Part I.

Addressing gaps and improving clarity

Due to an inadvertent omission during the transition from the Canada Shipping Act to the CSA 2001, the VCR did not clearly state the obligation of vessel owners to report to the Minister when a change had been made to a vessel that could potentially impact a vessel's certificate, whether it be from an intentional modification, alteration or damage to the vessel. Despite the regulatory omission, this process has continued to occur in practice. To address the omission and ensure the safety of affected vessels, the VSCR include requirements for authorized representatives to inform the Minister of any vessel modification, alteration or damage where there is a likelihood that the requirements upon which the vessel safety certificate was based might no longer be met. These provisions allow the Minister to verify, through documentary evidence or inspection, that the conditions for the issuance of the certificate continue to be met.

Similarly, when deficiencies have been identified in an inspection, it has traditionally been the responsibility of the authorized representative of the vessel to rectify the deficiency in the allotted timeframe identified in the inspection report, and to report the rectification of the deficiency to the Minister. However, requirements to report back to the Minister and provide evidence that the deficiency has been rectified were lost during the transition from the Canada Shipping Act to the CSA 2001. The VSCR re-establish the requirement for the authorized representative to report the rectification of a deficiency to the Minister. The VSCR also allow the Minister to verify that the conditions for the issuance of a certificate continue to be met, and to acknowledge the rectification of the deficiency. This provision also enables the Minister to take enforcement action, such as imposing fines, for non-compliance with these requirements.

The VSCR also include provisions for foreign Safety Convention vessels to ensure that safety certificates or any documents required to be attached to these certificates, as specified under the SOLAS Convention, and an exemption certificate when required, be kept on board. In addition, the VSCR clarify the need for authorized representatives of foreign Safety Convention vessels to carry on board a copy of an application for an updated continuous synopsis record, in cases when the authorized representatives have applied to their flag state for one and have not yet received a copy of the record.

With respect to foreign Safety Convention vessels, the VSCR clarify that the regulations only apply to safety certificates issued under the SOLAS Convention, rather than all international conventions, protocols, and resolutions under Schedule 1 of the CSA 2001. The provisions also explicitly state requirements for foreign non-Safety Convention vessels in Canada to ensure an equivalent level of safety between Canadian vessels and foreign non-Safety Convention vessels of similar size and type of voyage. The majority of foreign vessels in Canadian waters already meet either international conventions or the safety requirements of their flag state and, therefore, generally meet the safety requirements in the VSCR. The VSCR support a more consistent enforcement of the CSA 2001 safety objectives in case of substandard vessels that could trade in Canadian waters, and may expose persons or the environment to danger.

Amendments to address comments from the Standing Joint Committee for the Scrutiny of Regulations

Provisions in the VSCR address recommendations by the SJCSR to correct a grammatical issue in a voyage definition and more clearly communicate existing VCR requirements by reducing inconsistencies and redundancies in the body of the regulatory text.

Repeals, consequential and related amendments

In addition to the repeal of inspection requirements found across various regulations to allow the Minister to rely on the power in paragraph 16(2)(c) of the CSA 2001, regulations that refer directly to the VCR are amended to refer to the VSCR. Further, voyage classification definitions found in other regulations would be amended to replace definitions with references to classes of voyages as per the VSCR.

Consequential and related amendments are also made to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (AMPs Regulations) which include new administrative monetary penalties pertaining to the requirement to keep on board a copy of an application for an updated CSR until the updated CSR has been received, as well as requirements to report on the rectification of deficiencies, and on modifications, alterations or damages to a vessel. Consequential amendments are also made to the AMPs Regulations that require the authorized representative of foreign non-Safety Convention vessels to keep on board the document issued by or under the authority of the vessels' flag state that indicates that the vessels comply with the safety requirements of their flag state. In addition, consequential amendments to the AMPs Regulations have been made to reflect the new structure and title of the VSCR.

An upcoming regulatory amendment project to the AMPs Regulations is anticipated to result in further amendments that would update the penalty ranges for the VSCR to be in line with the new allowable maximum penalty amount of $250,000 per infraction. This would be consistent with amendments made to the CSA 2001 in 2018, which increased the maximum administrative monetary penalty amount from $25,000 to $250,000 per infraction to provide a more effective deterrent against non-compliance with regulations. The proposed amendments to the AMPs Regulations were included in the 2021–2023 Forward Regulatory Plan published on Transport Canada's website, and are targeting prepublication in the Canada Gazette, Part I, in early 2022.

Regulations with authority under the Canada Shipping Act, 2001 impacted through consequential and related amendments and repeals:

Additional consequential and related amendments have been introduced following prepublication in the Canada Gazette, Part I, to the following Regulations made under the CSA 2001:

When the proposed VSCR were prepublished in the Canada Gazette, Part I, consequential amendments to the Navigation Safety Regulations, 2020 (NSR 2020) were not included, as the NSR 2020 had not yet come into force. Now that they have come into force, the NSR 2020 require consequential amendments to be consistent with the VSCR (e.g. voyage classification definitions and proper referencing to the VSCR). Consequential amendments being made to the NSR 2020 are consistent with those made to other regulations under the CSA 2001.

In addition to updating the voyage classification definitions in the NSR 2020, amendments have also been made to ensure provisions set out in the NSR 2020 reflect the new voyage classification system (which now includes “inland waters”), while maintaining the NSR 2020's original policy intent.

Subsections 240(1) and (2) of the NSR 2020 have also been amended to better distinguish radio certificate requirements between Safety Convention vessels (which are issued certificates under the VSCR) and non-Safety Convention vessels (which are issued radio inspection certificates under the NSR 2020). Previously, subsection 240(1) of the NSR 2020 stated radio inspection certificate requirements for both non-Safety Convention vessels and Safety Convention vessels that were not passenger vessels. To improve clarity, subsection 240(1) of the NSR 2020 has been amended to solely reflect requirements for non-Safety Convention vessels, whereas subsection 240(2) has been amended to solely reflect requirements for Safety Convention vessels, including those requirements previously set out in subsection 240(1).

Since the proposed VSCR were prepublished in the Canada Gazette, Part I, a minor change was made to the related amendments being made to the Marine Machinery Regulations (MMR). The proposed VSCR pre-published in the Canada Gazette, Part I, repealed definitions and provisions relevant to two certificates identified in some provisions and the schedules of the MMR; the Material Test certificate and the Component Inspection certificate. The proposed repeals were included by error since these certificates are applicable to components and materials and are not vessel certificates. Therefore, definitions and provisions relevant to them must remain in the MMR. As a result, adjustments have been made to the consequential amendments to the MMR to ensure these provisions and definitions are retained.

Transitional provisions

The VSCR stipulate that certificates issued under the VCR that are valid before the day on which the VSCR came into force are deemed to have been issued under the provisions of the VSCR.

Regulations made under the Transportation of Dangerous Goods Act, 1992 impacted through consequential amendments:

Additional analysis by Transport Canada following the prepublication of the VSCR in the Canada Gazette, Part I, confirmed that consequential amendments are required for the Transportation of Dangerous Goods Regulations (TDGR) to ensure consistency with other consequential amendments as part of this regulatory project. For example, the definition for “inland voyage” in the TDGR previously referred to the definition in the Cargo, Fumigation and Tackle Regulations (CFTR). This has now been amended to refer directly to the VSCR, consistent with consequential amendments made to other regulations, including the CFTR. In addition, because the previous definition for “inland voyage” in the TDGR included sheltered waters, which is no longer the case in the updated definition for inland voyage in the VSCR, further consequential amendments to the TDGR have been made to ensure the policy intent of the TDGR remain unchanged. This includes adding a definition for sheltered waters in the TDGR, and including a reference to them in provisions in which they would have been previously covered by the former definition of inland voyage.

Regulations made under the Canada Labour Code impacted through consequential amendments:

The Maritime Occupational Health and Safety Regulations (MOHSR) are amended to replace their voyage classification definitions with references to the voyage classification definitions found in the VSCR, and to ensure the policy intent of the MOHSR remains unchanged by the amended voyage classification definitions. In addition, a minor amendment is made in the MOHSR to repeal a reference to the Classed Ships Inspection Regulations, 1988, since those Regulations are repealed by the VSCR.

Regulations made under Canada Pension Plan impacted through consequential amendments:

The Canada Pension Plan Regulations are amended to change a reference to the Vessel Certificates Regulations to the Vessel Safety Certificates Regulations.

Regulatory development

Consultation

Canadian Marine Advisory Council

Regular consultations have been held regarding the changes introduced by the VSCR through annual national and regional meetings of the Canadian Marine Advisory Council (CMAC) since 2011. CMAC meetings are coordinated and chaired by senior members of Transport Canada, and are composed of parties that have a recognized interest in shipping, navigation, and pollution matters.

Consultations at the initial CMAC meetings, starting in the fall of 2011, informed stakeholders of the regulatory proposal's intent to consolidate and clarify inspection details into administrative documents.

At the spring of 2013 CMAC meeting, on the topic of sheltered waters, stakeholders suggested expanding the definition of sheltered waters to include inland waters that are within 2.5 nautical miles from the closest shore, as opposed to one nautical mile. An update to the definition of sheltered waters (from one nautical mile from shore to 2.5 nautical miles) was made through the Ship Safety Bulletin No.: 03/2015 (amendment 2015-05-29) entitled Sheltered Waters Voyages, and presented to stakeholders at the spring of 2015 CMAC meeting. The VSCR include this updated definition.

Regular CMAC presentations were given between 2013 and 2015 that provided updates on the regulatory proposal. During this time, no concerns were raised by stakeholders.

Renewed efforts to introduce the VSCR started in 2017. At the fall 2017 CMAC meeting, stakeholders were presented with an overview of plans to modernize the Canadian inspection regime, including efforts to modernize the VCR. It was noted at this time that the amendments would clarify vessel certificate requirements, voyage classification definitions, and move inspection details into administrative documents. Stakeholders responded positively to the update. A follow-up presentation was given at the spring 2018 CMAC meeting, which reiterated the key points of the regulatory proposal.

At the fall 2018 CMAC meeting, the overall structure of the VSCR, as well as highlights of proposed changes were reviewed. It was reiterated to stakeholders that the bulk of the work on this proposal would pertain to consequential amendments, with inspection requirements being moved out of the regulations and inspection details being consolidated in administrative documents. Stakeholders asked follow-up questions regarding voyage definitions, specifically relating to near coastal voyage, Class 1 and near coastal voyage, Class 2. Stakeholders were informed that work on these definitions was ongoing, and that all comments should be forwarded to Transport Canada. An update on these definitions was presented at the spring 2019 CMAC meeting. At that time, the new structure for the VSCR, as well as work toward developing administrative documents for inspection details was presented.

An update on the regulatory proposal was given to stakeholders at the fall 2019 CMAC meeting. The presentation provided an update on the development of the administrative documents that would support the VSCR, as well as a draft table of contents for the Canadian Vessel Plan Approval and Inspection Standard, which is composed of the consolidated inspection details repealed from other regulations. Stakeholders were also given updates on efforts to align the VSCR with changes that have already been made through Ship Safety Bulletins and Transport Publications since the VCR came into force in 2007, and to address those requirements that were unintentionally dropped during the transition from the Canada Shipping Act to the CSA 2001.

Prepublication in the Canada Gazette, Part I

This regulatory project was prepublished in the Canada Gazette, Part I, with a 30-day comment period on October 31, 2020. Overall, four comments were received from three different stakeholders. One stakeholder requested clarification on the intended plan for the Home-Trade, Inland and Minor Waters Voyages Regulations in order to address discrepancies between the “near coastal voyage, Class 2” definition and the “home-trade voyage Class III” definition, noting the ambiguity it created for near coastal voyage, Class 2 vessels. Transport Canada advised that the Home-Trade, Inland and Minor Waters Voyages Regulations would be repealed following future amendments to a number of Transport Canada regulations that would remove references to the Home-Trade, Inland and Minor Waters Voyages Regulations. In addition, the stakeholder requested that the previously proposed 30-day consultation period for the Canadian Vessel Plan Approval and Inspection Standard be extended due to the length of the document and the upcoming holiday period. Transport Canada informed the stakeholder that the comment period for the Canadian Vessel Plan Approval and Inspection Standard had been updated to 60 days.

A second stakeholder requested clarification on the archiving and public availability of comments received on the regulatory proposal following its prepublication in the Canada Gazette, Part I. Transport Canada informed the stakeholder that comments received during the comment period would be outlined in the publication of this Regulatory Impact Analysis Statement in the Canada Gazette, Part II, and that comments would not be attributed to any specific individuals or stakeholders. As the questions and comments raised by these two stakeholders were able to be addressed directly by Transport Canada, there was no need to make any changes to the VSCR.

The fourth and final comment was received from a stakeholder group in the offshore petroleum industry regarding the provision which planned to exempt from the VSCR vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas, while they are on location. At the time of prepublication, it was not believed that the VSCR needed to apply to these vessels when they were on location, in the same manner as a number of Transport Canada regulations that recently adopted similar language to exempt these vessels from certain regulations when they are on location. Therefore, neither Transport Canada nor Natural Resources Canada foresaw any issues with the inclusion of this exemption in the VSCR. However, following prepublication in the Canada Gazette, Part I, a stakeholder group in the offshore petroleum industry noted that an exemption from the VSCR for vessels engaged in the drilling for, or the production, conservation or processing of oil or gas, while they are on location, could result in unintended safety gaps, specifically in situations where a vessel would need to disconnect from its operational site in the case of emergencies (at which point the vessels would immediately be in violation of the VSCR). As a result of these comments, Transport Canada consulted with Natural Resources Canada, and both departments agreed that the proposed exemption should be removed and the original language from the VCR retained. The VSCR reflect this decision.

Additional amendments to the VSCR post prepublication in the Canada Gazette, Part I

Additional amendments were made to the VSCR following their prepublication in the Canada Gazette, Part I. After an internal review, two minor, non-substantive amendments, were made to subsection 13(1) of the VSCR regarding the issuance of safety certificates for non-Safety Convention vessels. These changes have been explained in the “Description” section.

Amendments also include minor changes to consequential amendments made to the Marine Machinery Regulations, as well as new consequential amendments to the Navigation Safety Regulations, 2020 and the Transportation of Dangerous Goods Regulations. An explanation of these consequential amendments can also be found in the above “Description” section. A minor amendment was also made to the VSCR to change the coming-into-force date from the day on which the VSCR are registered to the day on which the VSCR are published in the Canada Gazette, Part II. An explanation of this amendment can be found in the below “Implementation” section.

Stakeholder consultation post prepublication in the Canada Gazette, Part I

Following the prepublication of the VSCR in the Canada Gazette, Part I, the VSCR were presented to stakeholders at the fall 2020 virtual meeting of the CMAC. Stakeholders were given an overview of the structure of the VSCR, updates to the timeline of the project, as well as a detailed overview of the Canadian Vessel Plan Approval and Inspection Standard.

Overall, the CMAC meetings have provided stakeholders with the opportunity to comment on the VSCR's scope, objectives, and framework. Stakeholders did not raise any other concerns with the VSCR.

Routine feedback was also received on the sheltered water schedules, outside the Canada Gazette, Part I, consultation process, which suggested a clarification on a sheltered waters listing in British Columbia. Therefore, coordinates and landmarks were added to the listing in the schedule of the VSCR for a clearer description for this area.

Engagement with other government departments

Engagement has been ongoing between Transport Canada and Natural Resources Canada, consistent with a Memorandum of Understanding (MoU) signed in 2008. The MoU established a modus operandi between Natural Resources Canada and Transport Canada to obtain joint recommendations, as per subsection 120(2) of the CSA 2001, in instances where regulations apply to vessels involved in oil and gas explorations.

As a result of this MoU and requirement for joint recommendation, Transport Canada has worked closely with Natural Resources Canada to develop language for the VSCR with respect to vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas. Natural Resources Canada was consulted and supportive of the amendments made to the language regarding these vessels following the comments that were received from the offshore petroleum industry stakeholders. Transport Canada also worked with Natural Resources Canada to develop consequential amendments to the Vessel Pollution and Dangerous Chemicals Regulations.

Transport Canada also worked with the Canada Revenue Agency and Employment and Social Development Canada with respect to consequential amendments to the Canada Pension Plan Regulations and the Maritime Occupational Health and Safety Regulations, respectively. Both departments have indicated their support for the amendments, which are minor and administrative in nature.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the VSCR are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and after examination, no implications or impacts on modern treaties were identified.

Instrument choice

The Administrator in Council, on the recommendation of the Minister, has the authority to make these regulations in accordance with subsections 35(1) and 120(1) of the CSA 2001. Because the VSCR are intended to clarify existing vessel safety certificate requirements, introduce new requirements, and align the VSCR with current practices already being carried out due to changes made through other legislative and policy instruments, regulations were the most appropriate approach to address these needs.

The VSCR also make use of the Minister's authorities under the CSA 2001 to use administrative documents, instead of regulations, to specify inspection details for Canadian maritime documents. Based on research, analysis and consultations, Transport Canada concluded that consolidating these elements under administrative documents would be the most appropriate and effective approach, as it would help enable and ensure flexibility to adjust what was applicable to respond to identified safety risks and/or to incorporate technological advances within the Canadian inspection regime. This aligns with a 2005 policy directive by Transport Canada, which established a vision for a modernized approach to the Canadian inspection regime, and specified how administrative documents could be used in place of standalone inspection regulations. In addition, the policy directive specified that the frequency of certain inspections, and the manner in which they are carried out, could be stated in administrative documents and changed as required, without the additional burden of a regulatory amendment.

Regulatory analysis

Benefits and costs

All monetized figures presented in the “Benefits and costs” section are in present value over a 10-year analytical timeframe (2021–2030), using a 2019 dollar year and 2021 base year. For the VSCR, the total estimated benefits would be $0.5 million and the total estimated costs would be $0.14 million. The total net present value of the VSCR is therefore $0.37 million.

Benefits

Due to some of the minor updates being made when moving inspection details to administrative documents, some authorized representatives will no longer be required to apply for equivalency through the Marine Technical Review Board (MTRB). It is estimated that, on average, at least 9.33 MTRB applications per year, or 93 over the 10-year analytical timeframe, will be avoided.footnote 26 This will give the authorized representatives more certainty in their operations, as they will not need to wait for a decision from the MTRB. This will also lead to savings in the time required to comply for both the authorized representatives and the Government of Canada.

It is estimated that MTRB applications require the effort of one authorized representative for one to two days (7.5–15 hours). The expected cost savings to industry from the VSCR will be $38,469. For the Government of Canada, it is estimated that the average cost for the processing of an MTRB application is $6,600. The expected cost savings to government from the VSCR will be $0.46 million. The total benefit of the VSCR is therefore $0.5 million.

There will also be non-monetized benefits associated with the VSCR, such as the clarification of requirements and the resulting increased efficiency for industry. Due to the adjustments made to the voyage classifications, industry will benefit from extended operating areas for sheltered waters and inland voyages. As a result of the VSCR, vessel safety certificate requirements will be more clearly worded and structured to be easier to reference.

Costs

Two minor costs to vessel owners associated with the expected increase in compliance have been identified with respect to requirements to notify Transport Canada. It is important to note that compliance with safety requirements is already mandatory and these costs are only associated with the process of informing Transport Canada. The first cost is associated with notifying Transport Canada of addressed deficiencies and the second is associated with notifying Transport Canada of vessel modifications, alterations or damage where there is a likelihood that safety certificate requirements are no longer met. The total cost associated with the VSCR is estimated to be $136,231.

There will be minor costs associated with increased compliance of authorized representatives notifying Transport Canada after addressing deficiencies. The estimated rate of compliance in the baseline scenario is 78%.footnote 27 In order to achieve full compliance, an estimated additional 744 notifications would be required annually, with each notification taking an assumed 15 minutes. This task would be completed by the authorized representatives. It is therefore estimated that the notification of addressed deficiencies would cost industry $68,115.

There will also be minor costs associated with the increased compliance of authorized representatives notifying Transport Canada after completing modifications or alterations to their vessels, or in the event of damage if there is a likelihood that it results in the vessel no longer meeting the safety requirements. Due to a lack of data on the numbers of these modifications, alterations or damages that are done without notifying Transport Canada, it is assumed that similar numbers of modifications/alterations/damages requiring notification are made to deficiencies requiring notification. Therefore, the estimated cost to industry associated with the notification of modifications or damage would be $68,115.

This analysis assumes full compliance with the VSCR, so no costs or benefits are estimated for the administrative monetary penalties.

Small business lens

The small business lens applies, as there are impacts on small businesses associated with the VSCR.

Due to a lack of data availability on employees and revenues, it is uncertain how many businesses are affected by the VSCR; however, it is estimated that the VSCR apply to approximately 4 500 vessels.

Some small businesses may benefit from the reduction in MTRB applications required. While there are 93 total applications expected over the analytical timeframe, it is not certain what proportion of these cost savings to industry would be realized by those qualifying as small businesses. There are also benefits to some small businesses associated with the sheltered waters provisions as described in the “Benefits and costs” section.

Small businesses will also incur costs due to the increase in the notifications to Transport Canada for addressed deficiencies and/or vessel modifications, alterations or damage. It is estimated that an additional 744 vessel owners will notify Transport Canada per year. Each notification to Transport Canada would carry a nominal cost of only $9.75. Given the low cost, that compliance with these provisions is already estimated at 78%, and that notifications are necessary to confirm and ensure that vessels operate in compliance with safety requirements on an ongoing basis, no additional flexibility for small businesses have been provided.

One-for-one rule

The one-for-one rule applies since there is an incremental increase in administrative burden on businesses, one regulatory title is being repealed and replaced, and two additional regulatory titles are being repealed.

All costs to industry identified in the “Benefits and costs” section qualify as administrative burden and all are to businesses (pleasure crafts are not in scope of the VSCR). The annualized net cost is $7,080, with a corresponding annualized net cost per business of $1.57.footnote 28

The Vessel Safety Certificates Regulations replace the Vessel Certificates Regulations. This repeal and replace would not result in a net increase or decrease in regulatory titles.

The two additional titles being repealed are the following:

These repeals result in a net decrease of two regulatory titles. Therefore, these repeals are considered “titles out” for the purposes of the one-for-one rule.

Regulatory cooperation and alignment

This initiative is not part of a formal regulatory cooperation work plan, but it does clarify requirements for vessels subject to the SOLAS Convention. However, the amendments do not substantially change any of the current requirements for Safety Convention vessels or affect Canada's relationship to the SOLAS Convention. The VSCR also update common terminology for the Canadian inspection regime to align with international guidelines. In addition, repealing inspection requirements from regulations, so that the Minister can instead rely on the power in paragraph 16(2)(c) of the CSA 2001, enables a streamlined process for future updates to the applicable inspection details, allowing them to remain up to date and consistent with international standards.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed for this proposal and a sustainable transportation assessment was completed. Based on the preliminary assessment, it was determined that the amendments do not introduce any new requirements that affect the environment and that a strategic environmental assessment was unnecessary.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the VSCR.

Implementation, compliance and enforcement, and service standards

Implementation

The VSCR come into force on the day on which they are published in the Canada Gazette, Part II. This is different from the coming-into-force date published in the Canada Gazette, Part I, which stipulated the VSCR would come into force on the day in which they are registered. This change was made to avoid any confusion that might have resulted if there was a delay between the date of registration of the VSCR and their publication.

Stakeholders will be informed of the regulatory changes through regular communication tools, such as Ship Safety Bulletins and updates on the Transport Canada website. In addition, marine safety inspectors and surveyors of recognized organizations will be made aware of the regulatory changes through regular internal communication.

As part of this regulatory project, the Tier I - Policy, Plan Approval and Inspections for Canadian Vessels Subject to the Vessel Safety Certificates Regulations and associated Canadian Vessel Plan Approval and Inspection Standard have been developed. These documents contain the inspection details that are being repealed from various regulations. Updates and descriptions of these documents have been given to stakeholders regularly at CMAC meetings. These documents will also be available through Transport Canada's website on the date that the VSCR are published in the Canada Gazette, Part II, and stakeholders will be informed of the publication through a Ship Safety Bulletin. Marine safety inspectors and surveyors of recognized organizations will be informed through internal communications.

Compliance and enforcement of the VSCR will be addressed nationally through periodic inspections and/or risk-based inspections. This does not require increased resources, as marine safety inspectors already enforce the requirements of the VSCR during normal periodic inspections and port state control activities.

Consequential amendments to Part 7 of the schedule in the Administrative Monetary Penalties and Notices (CSA 2001) Regulations have been made to reflect the new structure of the VSCR and to clarify the administrative monetary penalties for individual requirements in the Regulations. The updated schedule also reflects the administrative monetary penalties for requirements that were previously omitted from the VCR. The penalty ranges are consistent with those in the current schedule (up to $25,000). It is anticipated that penalty ranges for violations of the VSCR will be updated to align with the $250,000 maximum penalty amount allowable under the CSA 2001 as part of proposed amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations, which are targeting prepublication in the Canada Gazette, Part I, in early 2022. Further information on the proposed amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations can be found in the 2021–2023 Forward Regulatory Plan published on Transport Canada's website.

Administrative monetary penalties for Canadian Safety Convention vessels
Provision of the Regulations Section title of the Regulations Range of penalties ($) for contravention of a provision of the Regulations
Section 6 Safety certificate 1,250 to 25,000
Paragraph 7(2)(a) Inspections and endorsement 1,250 to 25,000
Paragraph (7)(2)(b) Inspections and endorsement 1,250 to 25,000
Paragraph 10(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 10(b) Responsibilities of authorized representative 250 to 5,000
Paragraph 10(c) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 10(d) Responsibilities of authorized representative 1,250 to 25,000
Administrative monetary penalties for Canadian vessels that are not Safety Convention vessels
Provision of the Regulations Section title of the Regulations Range of penalties ($) for contravention of a provision of the Regulations
Section 12 Safety certificate 1,250 to 25,000
Paragraph 13(2)(a) Inspections and endorsement 1,250 to 25,000
Paragraph 13(2)(b) Inspections and endorsement 1,250 to 25,000
Paragraph 15(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 15(b) Responsibilities of authorized representative 250 to 5,000
Administrative monetary penalties for reports and inspections for all Canadian vessels
Provision of the Regulations Section title of the Regulations Range of penalties ($) for contravention of a provision of the Regulations
Paragraph 17(1)(a) Reports 600 to 10,000
Paragraph 17(1)(b) Reports 600 to 10,000
Administrative monetary penalties for foreign vessels
Provision of the Regulations Section title of the Regulations Range of penalties ($) for contravention of a provision of the Regulations
Subparagraph 18(1)(a)(i) Safety Convention vessels 1,250 to 25,000
Subparagraph 18(1)(a)(ii) Safety Convention vessels 250 to 5,000
Subparagraph 18(1)(a)(iii) Safety Convention vessels 1,250 to 25,000
Subparagraph 18(1)(a)(iv) Safety Convention vessels 1,250 to 25,000
Paragraph 18(1)(b) Safety Convention vessels 1,250 to 25,000
Paragraph 18(2)(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 18(2)(b) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 19(a) Vessels that are not Safety Convention vessels 1,250 to 25,000
Paragraph 19(b) Vessels that are not Safety Convention vessels 1,250 to 25,000
Paragraph 19(c) Vessels that are not Safety Convention vessels 1,250 to 25,000

Contact

Heidi Craswell
Manager/Senior Policy Advisor
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 343‑549‑5614
Email: MSSRegulations-ReglementsSSM@tc.gc.ca