Marine initiatives planned for April 2024 – April 2026

From: Transport Canada

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years.

On this page

Ocean and Environmental Protection initiatives

Administrative Monetary Penalty Regulations (Marine Liability Act and Wrecked, Abandoned, or Hazardous Vessels Act) New

Enabling act

Marine Liability Act (S.C. 2001, c. 6) and Part 1 of the Wrecked, Abandoned, or Hazardous Vessels Act (S.C. 2019, c. 1)

Description

The proposed regulations would:

  • set criteria that the department will consider when deciding the amount of the penalty (if a range of penalties are set);
  • classify each violation as a serious violation, or a very serious violation; and
  • setting the range of penalties.

Potential impacts on Canadians, including businesses

The proposed regulations would apply to shipowners that are required to carry marine insurance certificates and to individuals and entities that receive oil in or export oil from Canada and that receive hazardous and noxious substances in Canada. Stakeholders that may be impacted include:

  • Shipowners
  • Industries including:
    • Oil and gas
    • Mining
    • Aviation
    • Railways
    • Forestry
    • Chemical
    • Hydroelectricity
    • Terminal operators

Regulatory cooperation (domestic and international)

The proposed regulations are not expected to have impacts on international trade.

Departmental officials will gather and consider information on comparable domestic enforcement systems when they develop the requirements for the proposed regulations, such as appropriate ranges of penalties.

Consultations

Transport Canada is currently developing the regulations and will provide a timeline for changes once the review and analysis are completed. However, as part of this regulatory development, the online publication of a discussion paper on the regulatory proposal is expected in mid-2024.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2025 with a 60-day public comment period.

Departmental contact information

Caitlin O’Boyle
Manager, Liability and Compensation
International Marine Policy
Transport Canada
Email: marineliability-responsabilitemaritime@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2024

Marine Environmental Protection Regulations

Enabling act

Canada Shipping Act (S.C. 2001, c. 26)

Description

The proposed regulations would create a specific framework to provide greater protection of marine species and the marine environment from the impacts of navigation and shipping activities.

Potential impacts on Canadians, including businesses

Small impacts on vessel owners and operators are anticipated, including fishing vessels and pleasure craft as well as port communities and related businesses, as has been the case with current interim measures for the protection of Southern Resident killer whales and North Atlantic right whales (NARW). The proposed regulations would address the risks of shipping practices on marine species and the marine environment, which are currently being addressed through Interim Orders under the Canada Shipping Act.

Regulatory cooperation

The proposed regulations intended to complement the regulations of other federal organizations that include express authority to protect marine species, and the marine environment, and they will be developed and implemented in close cooperation with the Department of Fisheries and Ocean in particular.

Consultations

Consultation with stakeholder groups will be undertaken primarily through existing fora created to evaluate measures put forward for the current interim order, including:

  • West Coast: Indigenous and Multistakeholder Advisory Group, General Vessel Technical Working Group, Tier II Multi-Nation Group, the Vancouver-Fraser Port Authority’s ECHO Advisory Group.
  • East Coast: NARW Advisory Working Group and associated sub-committees (Large Vessel Subcommittee, Fishing Vessel Subcommittee).
  • Nationally: The Canadian Marine Advisory Council, TC’s Ocean Protection Plan Regulatory Roundtable, relevant provincial and municipal governments and engagement through Transport Canada’s Let’s Talk Transportation website seeking input from stakeholders.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2025 with a 60-day public comment period.

Departmental contact information

Elizabeth Werszko
Manager, Legislative, Regulatory and International Affairs,
Marine Safety and Security
Transport Canada
Email: elizabeth.werszko@tc.gc.ca

Christian Lafrance
Senior Advisor, Whale Protection Policy
Environmental Policy
Transport Canada
Email: christian.lafrance@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending certain Regulations under the Canada Shipping Act, 2001 (Environmental Response)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

There are two phases to these regulations. Phase I is completed and Transport Canada published it in the Canada Gazette, Part II, on July 10, 2019. It replaced Part II of the existing Response Organizations and Oil Handling Facilities Regulations (now, Response Organizations Regulations) and repealed the Environmental Response Arrangements Regulations.

Phase II or the proposed regulations would repeal Response Organizations Regulations and would amend the Environmental Response Regulations to include provisions specifically for Transport Canada-certified Response Organizations, as well as revise various provisions for oil handling facility operators.

Potential impacts on Canadians, including businesses

The proposed changes will consolidate two older regulations into one regulation addressing Oil Handling Facilities and Transport Canada-certified Response Organizations through the new Environmental Response Regulations.

Transport Canada expects that it will have positive effects on these primary stakeholders, as well as Canadians in coastal communities, Indigenous Peoples, ports, and the marine industry.

It will also improve oil spill preparedness to mitigate the potential impacts on the marine environment and communities, remain on par with international standards, and help support environmentally responsible domestic and international shipping within Canadian waters.

Regulatory cooperation efforts (domestic and international)

In 2013, the Standing Senate Committee on Energy, the Environment and Natural Resources released a report concerning the transportation of bulk hydrocarbons.

The Committee reviewed domestic and international regulations to compare the transport of hydrocarbons by transmission pipelines, marine tanker vessels, and railcars. Following the Committee’s report, Transport Canada made recommendations to improve the safety elements of bulk transport of hydrocarbon products in Canada.

The Government of Canada is also committed to strengthen environmental protection including oil spill preparedness and response through initiatives such as the Oceans Protection Plan. The Plan, which was first announced on November 7, 2016, and renewed in 2022, seeks to strengthen marine safety and environmental protection, enhance the evidence base, and strengthen partnership and collaboration with Indigenous Peoples and stakeholders.

Consultations

Transport Canada held initial regional stakeholder discussions through the Oceans Protection Plan initiative in 2018. Transport Canada also held stakeholder meetings in Ottawa based on a proposed Discussion Paper for Phase II. The national spring Canadian Marine Advisory Council in 2019 updated stakeholders on the progress of Phase I and introduced Phase II of the Environmental Response Regulations.

Transport Canada held initial discussions with technical experts on proposed changes throughout 2022. In early December 2023, Transport Canada published a discussion paper on the Let’s Talk Transportation website seeking comments on proposed changes from the public until February 14, 2024. Transport Canada also met with Indigenous organizations in late 2023 and early 2024. Transport Canada will continue to meet with interested groups upon request to discuss the proposal.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2024 with a 75-day public comment period.

Departmental contact information

Julie Mah
Manager
Oceans Protection Plan
Transport Canada
Email: julie.mah@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed changes would update the ranges of administrative monetary penalties (AMPs) under the Canada Shipping Act, 2001 (CSA 2001) and some regulations up to the new allowable maximum of $250,000 per violation. They would also designate subsection 10.1(4) of the CSA 2001 and provisions of the Arctic Shipping Safety and Pollution Prevention Regulations and Vessel Fire Safety Regulations as violations are prescribe penalty ranges.

The Regulations were brought into force in 2008 as an additional enforcement tool under the CSA 2001 to promote compliance with marine safety and environmental protection requirements. AMPs are to bring the regulated entities into compliance without the legal ramifications of a criminal record. AMPs are designed to be proportionate to the severity of the violation in question and, with a graduated penalty structure, AMPs provide the flexibility for increasing penalty amounts for repeat offences by the same entity. In 2018, the CSA 2001 was amended to raise the maximum penalty that may be applied from $25,000 to $250,000 per violation to provide a more effective deterrent against non-compliance.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultation with stakeholders were held at the national spring Canadian Marine Advisory Council in 2021 to present the proposed framework for applying AMPs up to $250,000. An online discussion paper was published on the Transport Canada Let’s Talk Transportation website in Spring 2022 to seek comments on the AMPs policy framework from the public and domestic and international parties that would be subject to these updated penalties.

Transport Canada published the proposed changes in the Canada Gazette, Part I, on June 10, 2023 with a 75-day public comment period.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in early 2024.

Departmental contact information

Julie Mah
Manager
Oceans Protection Plan
Transport Canada
Email: julie.mah@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Wrecked, Abandoned and Hazardous Vessels Regulations (Vessel Remediation Fund) New

Enabling act

Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

Description

The proposed regulations aims to bring into force the Vessel Remediation Fund (VRF) provisions within the Wrecked, Abandoned or Hazardous Vessels Act (WAHVA). The proposed regulations would allow the Minister of Transport to collect a levy under the WAHVA on all domestic vessels at the time of licensing/registration to capitalize the VRF. The Vessel Remediation Fun (VRF) would be used by Transport Canada and the Canadian Coast Guard to address wrecked, abandoned, and hazardous vessels in Canadian waters.

The proposed regulations would:

  • Introduce a levy on vessel owners that will be charged when registering their vessel, included at the time of purchase or renewal of a pleasure craft license, or vessel registration; and
  • Allow the funds collected under this levy to be used to capitalize the VRF.

Potential impacts on Canadians, including businesses

The proposed regulations would impact Canadian vessel owners and operators, by introducing a new surcharge at the time of licensing/registration.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Between August 11, 2021, and January 25, 2022, Transport Canada held public consultations on the proposed Vessel Remediation Fund regulatory charge. Consultations on a proposal to modernize fees for vessel registry services were undertaken at the same time, as it was determined that they would impact many of the same stakeholders.

Feedback from stakeholders was sought through various channels and was promoted on social media. A link to the online consultation on 'Let’s Talk Transportation' was sent to a broad range of individuals and organizations using existing distribution lists (e.g., the Canadian Marine Advisory Council). The proposal was presented at the fall 2021 National CMAC meeting and at a virtual engagement session with Inuit organizations. Comments were provided through the online platform and were also received through emails. Comments received from the stakeholders and partners who participated in our virtual presentations were recorded. Overall, responses were obtained from stakeholders and partners in six provinces and two territories. Most comments received were from stakeholders and partners in British Columbia.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in early 2026 with a 60-day public comment period.

Departmental contact information

Colin Henein
Director
Environmental Policy
Transport Canada
Email: colin.henein@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2024

Marine Safety and Security initiatives

Marine Personnel Regulations, 2025

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulations aims to:

  • promote a safe, efficient, and environmentally responsible marine transportation;
  • ensure consistency and best practices in the marine industry;
  • harmonize, to the greatest extent possible and desirable, with international requirements and standards to increase efficiency and service delivery; and
  • modernize the delivery of the marine medical program to increase efficiency and service delivery, which would involve the elimination of duplicate reviews of medical certificate applications, while enhancing the audit capabilities of the Department of those issuing medical certificates on behalf of the Minister.

This initiative also addresses Transportation Safety Board recommendations.

Potential impacts on Canadians, including businesses

The proposed regulations would primarily affect Canadian seafarers. A seafarer refers to a person who is employed or is to be employed in any capacity on board a vessel. Based on a report prepared for Transport Canada on the existing and future capacity of seafarers in Canada, it is estimated that there are around 28,000 seafarers across Canada. Additionally, governments operating vessels at the provincial and federal levels would be affected.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative would bring Canada’s regulations in line with three international conventions to which Canada is a signatory:

  • the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW);
  • the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995; and
  • the Maritime Labour Convention, 2006.

Consultations

Stakeholders have been actively engaged in the development of the proposed regulations. Since November 2008, Transport Canada has consulted extensively at the national and regional levels with a wide variety of stakeholders and recognized institutions on the issues, changes, challenges and the implications of the Standards of Training, Certification and Watchkeeping for Seafarers, the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel and the Maritime Labour Convention 2006 requirements.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2024 with a 60-day public comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2015

Marine Pilotage Regulations

Enabling act

Pilotage Act (R.S.C., 1985, c. P-14) s. 52

Description

This regulatory initiative would introduce Administrative Monetary Penalties and Integrated Management Systems as well as harmonize regional requirements where possible.

Potential impacts on Canadians, including businesses

Transport Canada anticipates that the proposed regulations would help establish a more nationally coherent pilotage service that is aligned with the Canadian marine safety system.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada is using the Canadian Marine Advisory Council meetings as the main forum for consulting with Pilotage Authorities, industry, system user and other stakeholders. Consultations began in 2021 following the Pilotage Act Review and have continued though until present.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in early 2025 with a 30-day public comment period.

Departmental contact information

Drummond Fraser
Manager/Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Marine Safety Management System Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulations would repeal and replace the existing Safety Management Regulations, broadening the application of safety management systems to majority of the Canadian domestic fleet. This would also address the Transportation Safety Board’s recommendations to require all commercial vessels to have a Safety Management System.

The proposed regulations would divide the Canadian fleet into five classes, and the companies that operate the vessels, each with varying levels of safety management systems and oversight requirements. The class in which a vessel is placed would be determined by its size, type, and operation.

Class 1: The current Safety Management Regulations apply to all International Convention for the Safety of Life at Sea vessels. There are no changes for class 1.

Class 2: Canadian vessels 500 gross tonnage or more, not covered under Class 1, and Canadian vessels 24 metres in length or more that are certified to carry 50 passengers or more.

Class 3: Canadian vessels of less than 500 gross tonnage and 24 metres in length or more, not covered under Classes 1 or 2, and vessels 24 metres in length or more that are certified to carry less than 50 passengers.

Class 4:

  • A: Canadian passenger vessels that carry one or more passengers and non-passengers’ vessels greater than 15 gross tonnage, not covered under Classes 1 to 3.
  • B: Canadian passenger vessels that carry one passenger or more and towboats up to 15 gross tonnage, not covered under Classes 1 to 3.

Class 5: Canadian non-passenger up to 15 gross tonnage, not covered under Classes 1 to 4.

Potential impacts on Canadians, including businesses

The proposed regulations will apply to Canadian vessels and the companies that operate them and foreign-owned vessel subject to the International Convention for the Safety of Life at Sea operating in Canadian waters.

The proposed regulations will not apply to:

  • fishing vessels not more than 24.4 metres and not more than 150 gross tonnage;
  • vessels that do not have mechanical means of propulsion (e.g., barges), except those that carry persons, crew, dangerous chemicals in bulk, or oil in bulk form. Safety management system requirements will instead apply through their associated towing vessels;
  • human-powered vessels (like a canoe);
  • vessels that are inflatable and carry persons on trips in Canadian waters for a fee and are required to follow the Special Purpose Vessel Regulations (i.e. White-water rafts); or
  • pleasure craft.


To balance necessary safety requirements with cost impacts for small vessel owners, while ensuring adequate safety measures are maintained for large vessels, the proposed regulations would expand the Safety Management System requirements to additional vessels under a classed system. Ship managers/Authorized Representatives of vessels in Classes 1 to 3 would need to adhere to specific requirements of the International Safety Management Code, while those in Classes 4 and 5 would need to follow Canadian requirements based on the Code. Functional requirements, fundamental for any formal security management system, would be implemented on board all vessels to which the proposed regulations apply.

Regulatory cooperation efforts (domestic and international)

The proposed regulations will mirror the requirements of the International Safety Management Code, to non-SOLAS (Safety of Life at Sea) Convention vessels operating in Canadian waters, addressing inconsistencies between Canadian vessels that are subject to the Convention for the Safety of Life at Sea and vessels that are not.

Consultations

Consultations began with industry in 2010. An online consultation was held on the Let’s Talk Transportation website from late July to early October 2020 and the department also discussed this regulatory proposal with industry groups in 2020. Transport Canada has held consultations through the Canadian Marine Advisory Council on the current regulatory proposal between 2019 and 2022.

Transport Canada published the proposed regulations in the Canada Gazette, Part I, on June 25, 2022 with a 75-day public comment period. The comments received will be considered prior to the Regulations publication in the Canada Gazette, Part II.

Transport Canada plans to publish the proposed regulations in the Canada Gazette, Part II, in mid-2024.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2015

Regulations Amending the Arctic Shipping Safety & Pollution Prevention Regulations New

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Arctic Waters Pollution Prevention Act

Description

In June 2023, the International Maritime Organization (IMO) adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS) that will make mandatory navigation safety and voyage planning requirements contained in the Polar Code for certain ‘non-SOLAS’ ships. Accordingly, as a contracting government to the IMO, and as a key player in the development of the Polar Code, it is incumbent upon Canada to bring these international amendments into force domestically, through regulatory changes to the Arctic Shipping Safety and Pollution Prevention Regulations.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultations began during the Fall 2023 National, Quebec, and Prairie Northern Regional Canadian Marine Advisory Council (CMAC) meetings. A corresponding TC ‘Let’s Talk Transportation’ page was similarly posted at this time.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part I in mid-2025 with a 60-day public comment period.

Departmental contact information

Drummond Fraser
Manager/Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2024

Regulations Amending the Competency of Operators of Pleasure Craft Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes would repeal all requirements related to boating safety test course accreditation. Instead of being governed by the Competency of Operators of Pleasure Craft Regulations (COPCR), course accreditation requirements would be established externally. Transport Canada plans to incorporate these requirements as part of the criteria for a bidding process, through which successful course providers would be awarded contracts. Additionally, the proposed changes would introduce accreditation and test materials access fees for course providers, helping to recover costs. The proposed changes would also grant the Minister of Transport the authority to suspend or revoke course accreditation and a Pleasure Craft Operator Cards for non-compliance with the Regulations and would change the conditions under which a Rental Boat Safety Checklist may be used in lieu of a Pleasure Craft Operator Card.

Impacts on Canadians, including businesses

The proposed fees would apply to the course providers (i.e., businesses) and would shift a large part of program costs to the third-party accredited course providers. The overall costs are relatively low. These fees were developed with careful consideration of the economic context in which course providers operate.

The proposed changes related to the Rental Boat Safety Checklist could have an impact on Canadians who wish to rent certain watercraft without a valid Pleasure Craft Operator Cards. Additionally, rental agency businesses may also be affected by these changes.

Regulatory cooperation efforts (domestic and international)

The Pleasure Craft Operator Card is an important credential for Canadian boaters who navigate waterways shared with the US. In particular, the National Association of State Boating Law Administrators recognizes the validity of the Canadian Pleasure Craft Operator Card. Similarly, Canada’s regulations recognize competency requirements of any state or country as sufficient proof of competency for foreign visitors with Canada.

Consultations

Transport Canada engaged in consultations with Canadians during the National Canadian Marine Advisory Council meetings in 2018, 2019 and 2020. Course providers have acknowledged the benefit they derive from the Program and generally express support for of the proposed fees. Furthermore, additional consultations were held on the Letʼs Talk Transportation platform.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2024 with a 60-day public comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Regulations Amending the Domestic Ferry Security Regulations

Enabling act

Marine Transportation Security Act (S.C. 1994, c.40)

Description

The proposed regulatory changes would modernize the Domestic Ferry Security Regulations to ensure they continue to be appropriate and effective and continue to achieve their intended policy objectives. Specifically, the purpose of this proposal is to ensure the Regulations function as a usable and accessible tool for industry and Transport Canada to enhance the security of the Canadian marine transportation system.

Potential impacts on Canadians, including businesses

The proposed changes are expected to impact domestic ferry operators that are already being regulated and may impact specific operators that are not currently regulated under the framework. By ensuring the Regulations continue to meet their intended objectives, Transport Canada expects there would be several positive impacts to Canadians and marine stakeholders including the avoidance of impacts to service resulting from significant security disruptions, ensuring operators are better able to identify, respond to and prevent security threats, breaches, and incidents, and increasing Canadian and international confidence in the security of Canadian ferries and ferry facilities.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada engages in ongoing consultations through the Canadian Marine Advisory Council, as well as with targeted stakeholders including the Canadian Ferry Association and provincial/municipal governments. Additionally, an online consultation was conducted via the Let’s Talk Transportation forum between May 12, 2022, and August 26, 2022, to collect feedback on the policy proposal.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2025 with a 30-day public comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisory
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending the Fishing Vessel Safety Regulations (Phase II)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory changes are the second phase of changes to the Small Fishing Vessel Inspection Regulations (now renamed the Fishing Vessel Safety Regulations following Phase I). This phase of the regulatory changes would update construction requirements for small commercial fishing vessels (less than 24.4 metres in length, and no more than 150 Gross Tonnage) intended to be sold in Canada or operated in Canadian waters.

Potential impacts on Canadians, including businesses

The proposed changes may impact Canadian fishing vessel builders, as well as fishing vessel owners whose vessels undergo major modifications, by implementing new/updated construction requirements for small fishing vessels. A decision was made to reference industry standards, where appropriate, to give boat builders additional options and flexibility. This may decrease impacts on international trade and imports.

Regulatory cooperation efforts (domestic and international)

The proposed changes reflect the Government’s long-term approach to small vessel construction. They also reflect the Government’s goal of making sure that Canada’s regulations work well with those of the United States and the European Union, by accepting practices and standards put in place by international bodies and recognized organizations such as the American Boat and Yacht Council and the International Organization for Standardization.

Consultations

Consultations on Phase II have been ongoing since 2016. Transport Canada consulted at recent meetings of the Canadian Marine Advisory Council between 2018 and 2022, providing interested stakeholders with a full review of the draft proposal and the opportunity to submit additional comments. Transport Canada has also presented the proposed changes within the regions at various stakeholder events and has actively participated in regional working groups to discuss specific details. Transport Canada plans to continue providing stakeholders with updates on the proposed changes at national and regional engagement opportunities as they are developed.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2025 with a 60-day public comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

Regulations Amending the Marine Safety Fees Regulations (Domestic Vessel Oversight) New

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes to the Marine Safety Fees Regulations would reduce the number of fees and would encourage positive vessel owner and crew behaviors, so that vessels are well prepared for inspection visits to minimize the number of inspection trips and maximize trip efficiencies. They would also improve service performance, tracking, delivery, and support new service reporting tools.

Potential impacts on Canadians, including businesses

The proposed changes to the fees would affect approximately 6,200 vessels which represent approximately 15% of vessels, other than pleasure craft, in the Canadian Registry. It is anticipated to have positive effects on Canadians and businesses by making it easier to navigate the fee system for services and, where possible, will set a standard fee so that fees will be clearer and more predictable.

Regulatory cooperation efforts (domestic and international)

The proposed changes are intended to complement the regulations of other federal organizations that include express authority to protect marine species, and the marine environment, and they would be developed and implemented in close cooperation with the Department of Fisheries and Ocean in particular.

Consultations

Transport Canada has engaged with the maritime industry on cost recovery since 2012. At the Fall 2017, a Canadian Marine Advisory Council (CMAC) national meeting, TC outlined the changes arising from the Service Fees Act, providing early awareness of the initiative. A presentation to seek preliminary feedback was made to industry members at the national plenary sessions of the CMAC national meeting held in November 2018. Fee Proposal consultations were put on hold due to other emerging priorities during the Pandemic. In year 2024-2025, if approved, the Fee Proposal would be posted on TC’s Let’s Talk Transportation website, presentations on the Fee Proposal will be held at CMAC in Fall 2024 and targeted engagement sessions with certain marine associations, such as fishing industry associations, passenger vessel associations and towing industry associations.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2026 with a 60-day public comment period.

Departmental contact information

Heidi Craswell 
Manager, Domestic Vessels Regulatory Affairs
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca


Luc Tremblay
Executive Director, Domestic Vessel and Regulatory Oversight
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2024

Regulations Amending the Marine Safety Fees Regulations (Marine Personnel Fees)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

Transport Canada’s Marine Personnel program establishes the competency requirements that seafarers must have to work on board certain vessels. The program also sets requirements for marine training, and for seafarer recruitment and placement service providers. When the proposed fees come into force, they would be located in the Marine Safety Fees Regulations, instead of the proposed Marine Personnel Regulations, 2025, so that marine stakeholders would find most marine safety fees consolidated in one place.

Potential impacts on Canadians, including businesses

The proposed regulations would primarily affect Canadian seafarers, Marine Training Institutions, Ship-owners and Authorized Representatives as well as Seafarer Recruitment and Placement Service providers. The proposed changes would allow Transport Canada to redistribute the financial burden of the program's costs between the primary beneficiaries of the program (i.e., ship-owners, seafarers) and Canadian taxpayers.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultations on the Fee Proposal are planned for late 2024.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2026 with a 60-day public comment period.

Departmental contact information

Julia Murphy
Director, Seafarer Certification
Marine Safety and Security
Transport Canada
Email: julia.murphy@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2023

Regulations Amending the Marine Transportation Security Regulations

Enabling act

Marine Transportation Security Act (S.C. 1994, c.40)

Description

The proposed regulatory changes would modernize the Marine Transportation Security Regulations to address key drivers that directly impact the Regulations and Transport Canada:

  1. Preclearance Operationalization which enables the US Customs and Border Patrol to screen passengers ahead of a Canada-US border crossing (i.e., while passengers are still on Canadian soil).
  2. Ports Modernization Review which was launched by the Minister of Transport in 2018 to review Canadian Port Authorities, identify shared and emerging challenges, and develop solutions to improve port security.
  3. Identification of regulatory gaps which include issues that have been identified since 2014.

Specifically, the purpose of the proposed changes is to:

  • Harmonize the Regulations with the existing Preclearance Act and Regulations as well as the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States to operationalize preclearance activities in the marine mode;
  • Increase the security of Canadian ports;
  • Reduce existing regulatory gaps, increase the usability/accessibility of the Regulations, and ensure existing regulatory provisions are appropriate, effective, continue to achieve their intended policy objectives;
  • Increase alignment with the International Ship and Port Facility Security Code; and
  • Increase the flexibility of Canada’s marine security framework and strengthen the Department’s ability to protect and preserve the efficiency of the marine transportation system, including at Canadian ports.

Potential impacts on Canadians, including businesses

The proposed changes linked to preclearance operationalization would impact operators that intend to convert their facilities to support preclearance. While costs may be incurred by those operators to implement the necessary security requirements, these changes would support their efforts to convert to preclearance activities. As preclearance conversion is a business decision, ensuring interested operators have access to an established framework would promote a more seamless conversion process which would have positive economic and security benefits. Moreover, ensuring that security standards are maintained for marine operations where preclearance activities are occurring, would have a positive impact on Canadians and persons in preclearance areas.

The proposed changes linked to enhanced port security would primarily impact Canada Port Authorities as well as operators listed in the MTSR’s schedule. Mitigating the ongoing risks of organized criminal activity at Canada’s ports would reduce the risk of a significant security incident occurring, which could impact port operations and Canada’s supply chain. Moreover, by introducing these measures, those who access ports, including port employees on a day-to-day basis would be positively impacted.

The proposed changes linked to new or modernized enforcement provisions would positively impact Canadian marine security and public safety by promoting compliance with the Regulations. However, this may include new or increased administrative monetary penalties for violators.

The proposed changes linked to regulatory gaps may positively impact many marine stakeholders. These include benefits associated with increased transparency/usability of the Regulations, as well as potential costs.

Regulatory cooperation efforts (domestic and international)

The proposed changes would bring the Regulations in closer alignment with the International Ship and Port Facility Security Code.

Consultations

Transport Canada consulted with Canadians at the National Canadian Marine Advisory Council meetings in 2021. Additional consultations were held on the Let’s Talk Transportation platform between March 18, 2021, and April 30, 2021.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2025 with a 30-day public comment period.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisory
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2021

Regulations Amending the Small Vessel Regulations (Pleasure Craft Licensing)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes are intended to improve the ability to identify the owners of pleasure craft in Canada. The proposed changes would help with search and rescue operations, and compliance and enforcement of the Small Vessel Regulations. It would also support the enforcement of the Wrecked, Abandoned and Hazardous Vessels Act under the Oceans Protection Plan. The Wrecked, Abandoned and Hazardous Vessels Act seeks to hold vessel owners accountable for abandoning vessels in the water, which causes environmental and safety hazards.

The proposed changes would:

  • Eliminate lifetime pleasure craft licences by bringing them into a five-year validity period;
  • Change the validity period of ten-year pleasure craft licences to a five-year validity period;
  • Expand licensing requirements to wind-powered pleasure craft over 6 metres in length and excluding human-powered vessels (e.g., kayaks and dragon boats), to align with requirements set out in the Canada Shipping Act, 2001 and other marine safety programs, and closely align with requirements set out in the Wrecked, Abandoned and Hazardous Vessels Act;
  • Reduce the timeline for owners to notify of a name or address change from 90 days to 30 days;
  • Eliminate the 90-day window for new pleasure craft owners to operate their pleasure craft without a licence;
  • Include the ability for the Minister to cancel a pleasure craft licence for reasons of non-compliance with licensing requirements or upon request from an owner to cancel their pleasure craft licence; and
  • Introduce a new user service fee.

In addition, the proposed changes would formalize the requirement for Manufacturer Identification Code holders to notify the Minister of Transport of any change to their name or contact information within 30 days of the change.

Potential impacts on Canadians, including businesses

The proposed changes to pleasure craft licensing requirements would impact Canadian recreational boaters. The proposed change to Manufacturer Identification Code requirements would impact manufacturers, builders, rebuilders, and importers of vessels subject to the Small Vessel Regulations (including pleasure craft), who have obtained a Manufacturer Identification Code from Transport Canada.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada held consultations with stakeholders at bi-annual Canadian Marine Advisory Council (CMAC) and National Recreational Boating Advisory Council meetings between 2017 and 2020. An online consultation took place from November 2020 to January 2021 on Transport Canada’s Let’s Talk Transportation website to give stakeholders an opportunity to provide feedback on the proposed changes. A “What We Heard” report on the consultation was developed based on the comments received from stakeholders. In summer 2021, a targeted consultation regarding the proposed changes to Manufacturer Identification Code requirements was held with impacted stakeholders. No concerns were raised. Updates on the proposed Regulations were most recently presented at the Fall 2023 CMAC.

Transport Canada sent letters in June 2022, October 2022, and May 2023 to Modern Treaty groups and National Indigenous Organizations, providing them opportunities to give feedback on the regulatory proposal. While no concerns were raised at these times, a follow-up meeting was held with the Métis Nation of Alberta in Summer 2022, where they requested to be informed when the proposal was pre-published in the Canada Gazette, Part I.

Transport Canada published the proposed changes in the Canada Gazette, Part I, on May 13, 2023 with a 60-day public comment period. In total, over 800 comments on the proposed Regulations were received. These comments will be considered prior to the publication of the Regulations in the Canada Gazette, Part II.

A follow-up meeting was held with the Métis Nation of Alberta in September 2023 to further discuss the potential impacts of the Regulations and to identify opportunities to strengthen consultations for regulatory projects in the future.

In December 2023, Transport Canada met with the Inuit Nunangat to discuss several regulatory initiatives, including the proposed changes to the Small Vessel Regulations. The Inuit Nunangat submitted follow-up questions to better understand the impacts of the proposed Regulations. The outcomes of these discussions will be considered prior to the publication of the Regulations in the Canada Gazette, Part II.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in late 2024.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

Regulations Amending the Small Vessel Regulations (Safety Amendments)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulatory changes would modernize existing requirements for recreational boating set out in the Small Vessel Regulations to address several outstanding issues. The proposed updates are as follows:

  • Amend the definition for personal watercraft to include those that are electric-powered;
  • Allow for the operation of propeller-driven and/or power-driven surfboard-type vessels, provided certain construction, equipment, and operational requirements are met;
  • Introduce limits on engine noise emission levels for pleasure craft up to 24 metres in length;
  • Introduce requirements for the installation and use of engine cut-off switches on pleasure craft less than 8 metres in length; and
  • Potentially introduce requirements for the mandatory wear of personal flotation devices/lifejackets in certain circumstances.

Potential impacts on Canadians, including businesses

The proposed regulatory changes may impact Canadians wishing to sell or operate propeller and/or power-driven surfboard-type vessels in Canada. They may also impact operators of certain pleasure crafts, up to 24 metres in length, by requiring their vessels to not exceed new noise emission limits, as well as manufacturers, rebuilders, importers, and operators of pleasure craft less than 8 metres in length by requiring an engine cut-off switch be installed on board these vessels.

Regulatory cooperation efforts (domestic and international)

The proposed changes would more closely align Canadian regulations with requirements in international jurisdictions, such as the United States and the European Union. They would also better align Canadian regulations with existing industry standards and best practices.

Consultations

Consultations on most of the proposed changes have been ongoing since 2020 through meetings of the Canadian Marine Advisory Council and National Recreational Boating Advisory Council. Online consultations for small vessel noise emissions and allowing the operation of propeller-driven surfboard-type vessels were held from March – to May 2022 on Transport Canada’s Let’s Talk Transportation website. A separate online consultation for proposed engine cut-off switch requirements was held from March to May 2023. In-person and online consultations on the possible inclusion of mandatory wear requirements are ongoing.

The proposed changes are expected to be published in the Canada Gazette, Part I, in early 2025 for a 60-day public comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2023

Regulations Amending the Vessel Operation Restriction Regulations (2022 Submission)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The Vessel Operation Restriction Regulations (VORR) modernization initiative looks at ways to streamline the government process for implementing vessel operation restrictions. Transport Canada explored legislative and regulatory options that would allow a municipality to submit a request at the end of a boating season (by the annual mid-September deadline for applications) and have the requested restriction in place by the next year’s boating season. In response, legislative changes to the Canada Shipping Act, 2001 (which received Royal Assent in June 2023) were put in place to provide a new authority to the Minister of Transport to modify elements of existing regulations through modern regulatory practices, such as incorporating by reference. Transport Canada intends to use this new authority to have the Minister of Transport recommend the incorporation by reference of the existing schedules of the VORR, allowing for new restrictions to be integrated directly into a Transport Publication. The rationale behind this approach is to provide Transport Canada with an efficient and agile mechanism that would provide the ability to respond quickly to new and emerging issues on waterways brought forward by local authorities.

Potential impacts on Canadians, including businesses

The proposed changes are expected to have a positive impact on local authorities' restriction application process in terms of reduced delays in seeing restrictions come into force. In addition, the general population of waterway users would benefit from the proposed changes by ensuring the timely implementation of safety and environmental measures.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Public consultations with stakeholders, including Indigenous groups, have taken place since 2023. Over the course of the development of the regulatory project, Transport Canada has consulted via meetings of the Canadian Marine Advisory Council (Spring and Fall 2023). Also, in Spring and Fall 2023, an update on Marine Safety and Security regulatory work was provided to Indigenous communities and organizations nationally, including local communities, aggregates, governments, treaty organizations and the National Indigenous Organizations, which covers First Nations, Inuit, and Métis peoples.

On October 12, 2023, an online consultation with marine stakeholders, including Indigenous groups, was launched on the proposed VORR modernization initiative, for a 60-day comment period. Transport Canada is assessing all comments received and will produce a What We Heard report that should be published on our Let’s Talk Transportation portal in spring 2024.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2024 for a 30-day public comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2023

Regulations Amending the Vessel Pollution and Dangerous Chemicals Regulations (Division 1 – Heavy Fuel Oil)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap (as part of a broader regulatory update).

The proposed regulatory changes would update Division 1 – Oil requirements specific to heavy fuel oil of the Vessel Pollution and Dangerous Chemicals Regulations to bring them in line with International Maritime Organization provisions to implement the ban on the use and carriage for use of heavy fuel oil (HFO) as fuel in the Arctic. The provisions were approved by the International Maritime Organization in June 2021 and will come into force on July 1, 2024. The proposed changes would also bring into force domestically similar provisions for the Antarctic region that came into force internationally in 2011.

Potential impacts on Canadians, including businesses

Impacts are expected to industry / northern and coastal communities in the Canadian Arctic.

Regulatory cooperation efforts (domestic and international)

These changes would bring Canada into compliance with international expectations under the International Convention for the Prevention of Pollution from Ships.

Consultations

Consultations have been ongoing since 2019. Transport Canada has consulted at meetings of the Canadian Marine Advisory Council from 2019 to 2023, providing interested stakeholders with an overview of the proposed changes. Transport Canada has also met with industry, and Indigenous and Inuit stakeholders since 2019 in workshops, individual meetings, and other related engagement. In 2019, Transport Canada posted an on-line Let’s Talk Transportation update to collect further feedback on the policy proposal and intent to amend.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2024 with a 60-day public comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2023

Regulations Amending the Vessel Pollution and Dangerous Chemicals Regulations (Divisions 3: Marine Pollutant; 4: Sewage; 6: Air; 7: Pollutant Substances; 8: Anti-Fouling Systems; and 9: Greywater)

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulatory changes would improve transparency and the efficiency of reporting by consolidating requirements from different divisions into the Vessel Pollution and Dangerous Chemicals Regulations by:

  • Amending the requirements for an International Energy Efficiency Certificate (IEEC) to ensure that the IEEC applies to all Canadian vessels;
  • Implementing international requirements adopted by the International Maritime Organization by aligning the Regulation with amendments to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS Convention);
  • Enhancing measures to limit the discharge of treated black and greywater from cruise ships; and
  • Identifying and establishing efficiencies in the application and approval process for Designated Sewage Areas.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

It is expected that those changes would more fully bring Canada into compliance with international expectations under the International Convention for the Prevention of Pollution from Ships.

Consultations

Transport Canada recognizes the need to amend the Regulations to keep pace with international and domestic standards for environmental protection. Over the last few years, Transport Canada has also received feedback from coastal community groups, provincial governments, environmental non-government organizations and Transport Canada inspectors requesting changes to certain divisions (e.g., sewage, greywater).

Consultations on proposed changes to the Vessel Pollution and Dangerous Chemicals Regulations have been ongoing since 2021. Transport Canada consulted at meetings of the Canadian Marine Advisory Council from 2021 to 2023, providing interested stakeholders with an overview of the divisions that would be amended.

It should be noted that these regulations crosscut with multiple groups within Transport Canada and other government departments. Transport Canada will establish a working group to ensure appropriate consultation with all relevant stakeholders.

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2026 with a 60-day public comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor,
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2018

Regulations Repealing the Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act, 2001

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act came into force in 2000. The Regulations will be repealed (cancelled) as part of the proposed Marine Personnel Regulations, 2025.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada engaged with the Canadian Coast Guard in 2023 to discuss the repeal of the Regulations and next steps through the Marine Personnel Regulations, 2025 package.

Departmental contact information

Scott Naugler
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Regulations Repealing the Sable Island Regulations (Miscellaneous Program) New

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c.26)

Description

The proposed repeal would eliminate legislative redundancy between the Canada Shipping Act, 2001 (CSA 2001) and the Canada National Parks Act. Amendments to the CSA 2001 have centralized legislative authority for all Canadian National parks and Park Reserves under the Canada National Parks Act, including the Sable Island National Park Reserve of Canada. This has rendered Sable Island Regulations redundant and obsolete. 

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2025.

Departmental contact information

Mélanie Charbonneau
Manager, Regulatory Development and Program Integration
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2024

Small Vessel Construction and Equipment Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

This regulatory initiative is part of Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed regulations would set out construction and equipment requirements for the majority of the Canadian inspected small vessel fleet, including: all types of commercial vessels that are less than 24 metres in length but more than 15 gross tonnage (excluding fishing vessels) and vessels that are 15 gross tonnage or less but carrying more than 12 passengers.

The proposed regulations would consolidate requirements which are currently found across several regulations and standards and would fill in the regulatory gap for vessels not subject to the Small Vessel Regulations or the Vessel Construction and Equipment Regulations. However, it would not outline or consolidate requirements related to fire safety for the targeted vessels, as these have been established in Part 3 of the Vessel Fire Safety Regulations.

Potential impacts on Canadians, including businesses

The proposed regulations are primarily consolidating existing requirements from various regulations and referencing industry standards, where appropriate, to give boat builders additional options and flexibility. As such, impacts on industry stakeholders involved in the building and operation of vessels subject to the proposed regulations, if any, are expected to be minor.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Public consultations will take place in late spring/early summer 2024 and updates will continue to be provided at the Canadian Marine Advisory Council, and use other methods, as needed.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2025 with a 60-day public comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

Vessel Traffic Services Zones Regulations

Enabling act

Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Description

The proposed regulations would consolidate and combine the Vessel Traffic Services Zones Regulations, the Northern Canada Vessel Traffic Services Zone Regulations, the Eastern Canada Vessel Traffic Services Zone Regulations into a single regulation.

The purpose of this initiative is to improve the efficiency of reporting, provide enhanced clarity for mariners, and promote national regulatory consistency across Canadian waters, including making use of advances in technology within the marine sector as they relate to the safe movement of vessel traffic.

More specifically, the proposed Regulations would:

  • modernize and afford greater flexibility with reporting requirements;
  • adapt to modern and emerging technologies (e.g., automation, digitalization, etc.);
  • address variations in vessel offshore reporting requirements;
  • reflect and align with current international requirements; and
  • incorporate by reference Part 3 of the Radio Aids to Marine Navigation document to afford flexibility in amending reporting requirements.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

Consultations began in September 2021, and have occurred primarily through regional and national Canadian Marine Advisory Council (CMAC) meetings. These sessions have been further supplemented through an online ‘Let’s Talk Transportation’ forum, designed to collect feedback on the policy proposal.

The proposed regulations are expected to be published in the Canada Gazette, Part I, in mid-2024 with a 60-day public comment period.

Departmental contact information

Drummond Fraser
Manager/Policy Advisor
Marine Safety and Security
Transport Canada
Email: MSSRegulations-ReglementsSSM@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: August 2020

Administrative Monetary Penalty Regulations (Canadian Navigable Waters Act)

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would improve the Navigation Protection Program’s enforcement system by introducing fines and a fines management system for the Canadian Navigable Waters Act. The proposed regulations would:

  • identify violations that would result in a fine and create penalties for each violation;
  • set criteria that the department will consider when deciding the amount of the penalty (if a range of penalties are set);
  • classify each violation as a minor violation, a serious violation, or a very serious violation; and
  • explain the circumstances and criteria by which the amount of a penalty may be increased or reduced.

Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters. Stakeholders that may be impacted includes:

  • Indigenous communities;
  • Industries including:
    • Aquaculture;
    • Forestry;
    • Hydroelectric;
    • Railways;
    • Mining; and
    • Oil and gas.
  • small businesses such as marina owners;
  • Individuals owners of works; and
  • provinces, territories, and municipalities.

Regulatory cooperation (domestic and international)

The proposed regulations are not expected to have significant impacts on international trade.

Departmental officials will gather and consider information on comparable domestic enforcement systems when they develop the requirements for the proposed regulations, such as appropriate ranges of penalties.

Consultations

Transport Canada is currently developing the regulations and will provide a timeline for changes once the review and analysis are completed.

However, as part of this regulatory development, the online publication of a discussion paper on the regulatory proposal is expected mid to late 2024. 

Departmental contact information

Joanne Weiss Reid
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca  

First included in the Transport Canada’s Forward Regulatory Plan: October 2018

Canadian Navigable Waters Act Fees Regulations

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would allow the Minister to recover costs for services provided by the Navigation Protection Program.

The proposed regulations would introduce fees for two services provided by the Navigation Protection Program:

  • reviewing applications for works that may interfere with navigation in navigable waters; and
  • reviewing and processing applications for exemptions from prohibited activities like dewatering a navigable water.

Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters seeking approval under the Canadian Navigable Waters Act and proponents seeking an exemption of a navigable water from prohibited activities.

Examples of users of Navigation Protection Program services that may be impacted are:

  • Indigenous communities;
  • Industries such as:
    • Aquaculture
    • Forestry
    • Hydroelectric
    • Railways
    • Mining
    • Oil and gas industries
  • Small business such as marina owners;
  • Provinces, territories, and municipalities

The proposed regulations are not expected to have significant impacts on international trade.

Regulatory cooperation (domestic and international)

Transport Canada is developing the regulations in cooperation with other federal departments, led by the Impact Assessment Agency of Canada to ensure a coordinated approach for user fees related to environmental reviews and regulatory approvals.

Consultations

Transport Canada launched a consultation on the fee proposal with stakeholders, Indigenous peoples, and the public on November 25, 2020. The period for comment ended February 12, 2021.

Transport Canada published the proposed regulations in the Canada Gazette, Part I, on October 28, 2023 with a 60-day public comment period.

Transport Canada plans to publish the proposed regulations in the Canada Gazette, Part II, in mid-2024.

Departmental contact information

Joanne Weiss Reid
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca  

First included in the Transport Canada’s Forward Regulatory Plan: October 2018

Order Exempting Kapisikama Lake, Located in Quebec, from the Application of Section 23(1) of the Canadian Navigable Waters Act

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

This proposed order would exempt one waterway, Lake Kapisikama, from the application of subsection 23(1) of the Canadian Navigable Waters Act. This would allow for the dewatering of one navigable water, located in the James Bay region of Quebec, to allow for a proposed lithium mining project.

Potential impacts on Canadians, including businesses

The proposed order would have impacts on local Indigenous communities. It was determined through consultations that no measures were needed to mitigate navigation impacts.

Regulatory cooperation efforts (domestic and international)

During the proposed lithium mining project’s federal environmental assessment process, the Impact Assessment Agency of Canada acted as coordinator of Crown consultations to favour a government-wide approach. The Impact Assessment Agency of Canada carried out Indigenous and public consultations. Indigenous communities were the primary impacted communities and were the primary focus of consultations. The environmental assessment process and report included input from Transport Canada regarding dewatering. Consequently, navigation was a relevant factor for Indigenous and public consultation purposes through the environmental impact assessment process.

Consultations

In January 2021, Transport Canada engaged in consultations with the affected communities (including Indigenous communities) regarding the proposed exemption order.

The proposed order is anticipated to be published in Canada Gazette, Part II in mid-2024.

Departmental contact information

Joanne Weiss Reid
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca

First included in transport Canada’s Forward Regulatory Plan: November 2023

Regulations Amending the Navigable Waters Works Regulations (Canadian Navigable Waters Act)

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulatory change would merge the existing Navigable Waters Works Regulations (C.R.C., c. 1232) and the Navigable Waters Bridges Regulations (C.R.C., c. 1231) into one regulation. The proposed changes would also modernize the requirements set out for various types of works built or placed in Canada’s navigable waters.

Potential impacts on Canadians, including businesses

The proposed changes would apply to owners of works on navigable waters. Those potentially impacted include:

  • Indigenous communities;
  • Industries like:
    • Aquaculture
    • Forestry
    • Hydroelectric
    • Railways
    • Mining and
    • Oil and gas;
  • small business such as marina owners;
  • Individual owners of works; and
  • Provinces, territories, and municipalities.

Regulatory cooperation (domestic and international)

The proposed changes are not expected to have significant impacts on international trade.

Departmental officials will gather and consider information and coordinate with other internal and external regulators that review the same structures, devices or things built or placed in Canada’s navigable waters when developing the requirements for the proposed regulations.

Consultations

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2025 with a 30-day public comment period.

Departmental contact information

Joanne Weiss Reid
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca  

First included in the Transport Canada’s Forward Regulatory Plan: April 2023

Regulations Repealing the Ferry Cable Regulations

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed initiative would repeal (cancel) the Ferry Cable Regulations.

The Canadian Navigable Waters Act came into effect on August 28, 2019, which provides, the Minister of Transport with the authority to make a Major Works Order. The Major Works Order also came into effect on August 28, 2019, and designates the types of works considered to be substantial interferences to navigation. Transport Canada has listed ferry cables in the Major Works Order.

Owners of works listed in the Major Works Order must apply for approval when they want to construct, place, alter, rebuild, remove, or decommission a work built on a navigable water.

Since Transport Canada has the authority to attach terms and conditions to approvals, repealing the Ferry Cable Regulations may result in greater flexibility for industry to make use of new technologies and approaches for managing any interference to navigation. Existing requirements within the regulation that relate to directing vessel traffic would be moved from the Ferry Cable Regulations to other Transport Canada regulations (e.g., the Navigation Safety Regulation, 2020) pursuant to the Canadian Navigable Waters Act.

Potential impacts on Canadians, including businesses

The regulations apply to owners of ferry cables, including provinces and territories, municipalities, and individual businesses. Repealing the regulations may benefit ferry cable owners by reducing administrative burden and increasing flexibility in how navigation can be protected.

There are no expected impacts on international trade or investment.

Regulatory cooperation (domestic and international)

No impact is expected.

Consultations

The proposal to repeal (cancelling) the Regulations is expected to be published in the Canada Gazette, Part II, in late 2025.

Departmental contact information

Joanne Weiss Reid
Director, Operations & Regulatory Development
Navigation Protection Program
Transport Canada
Email: NPPHQ-PPNAC@tc.gc.ca  

First included in the Transport Canada’s Forward Regulatory Plan: April 2019

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