Marine safety and security initiatives planned for April 2021 – April 2023

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years. The full versions of each plan are published in the Canada Gazette. It also lists public consultations that might interest you and departmental contact information for each planned initiative.

On this page

Initiative(s) planned for the Canada Gazette, Part I

1. Vessel Construction and Equipment Regulations

Enabling act

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

Description

This regulatory initiative stems from Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed Vessel Construction and Equipment Regulations will combine several existing regulations and standards into a single, broad set of requirements concerning the construction of, and equipment for, new vessels 24 metres in length or longer. The proposed regulations will also help make sure that Canada’s requirements for new vessels reflect modern standards and industry best practices.

Potential impacts on Canadians, including businesses

Transport Canada expects that there may be small impacts on industry stakeholders involved in the building and operation of Canadian vessels 24 metres in length or longer, excluding fishing vessels and pleasure craft.

Additional costs will be small, since the proposed regulations include grandfathering provisions that will allow vessels to follow the requirements that were in place when they were built, with some exceptions.

Regulatory cooperation efforts (domestic and international)

The proposal is intended to complement the regulations of other countries by adhering to modern international standards. The proposal will incorporate by reference existing international conventions, codes and resolutions, and classification society rules. This approach will allow Canada to quickly adopt and ratify any future changes to international conventions like the International Convention for the Safety of Life at Sea.

Consultations

Transport Canada has held regular consultations through the Canadian Marine Advisory Council since the initiative launched in 2009. The initiative’s scope, objectives, goals, and framework have been presented at these Canadian Marine Advisory Council meetings, with comments and proposals from stakeholders taken into account.

In September 2018, the department held targeted consultations with members of the passenger and ferry sector (BC Ferries, the Canadian Ferry Association, the Passenger and Commercial Vessel Association, and Ontario Ferries) to discuss potential impacts the proposed regulation could have on industry.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in early 2022 with a 60-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

2. Regulations Amending the Fishing Vessel Safety Regulations (Phase II)

Enabling act

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

Description

This regulatory initiative stems from Transport Canada’s Transportation Sector Regulatory Review Roadmap.

The proposed modifications are the second phase of changes to the Small Fishing Vessel Inspection Regulations (now called the Fishing Vessel Safety Regulations, due to a name change under Phase I). This phase of the regulations will update construction requirements for small fishing vessels (less than 24.4 metres long, and less than 150 Gross Tonnage) intended to be operated or sold in Canadian waters.

Potential impacts on Canadians, including businesses

The changes may impact Canadian boat builders by implementing new/updated construction requirements for small fishing vessels. A decision was made to reference recommended practices and standards, where appropriate, in order to give boat builders additional options and flexibility. This may decrease impacts on international trade and imports.

Regulatory cooperation efforts (domestic and international)

The 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. Mostly recently, the department consulted at the Canadian Marine Advisory Council meeting in fall 2020, providing interested stakeholders with a full review of the draft proposal. Following this meeting, a discussion document outlining the proposed amendments was also circulated to stakeholders for additional comments. Transport Canada has also presented the proposed amendments within the regions, at various stakeholder events.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2022 with a 60-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

3. Marine Personnel Regulations, 2022

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 Marine Personnel Regulations, 2022 will:

  • promote a safe, efficient and environmentally responsible marine transportation system by having properly certified and trained seafarers and by protecting the health and well-being of individuals and seafarers;
  • ensure regulations are consistent with best practices in the marine industry; and
  • support harmonization with international requirements and standards to the greatest extent possible and desirable.

The regulatory initiative will 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
  • the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995
  • the Maritime Labour Convention, 2006

This initiative also addresses Transportation Safety Board recommendations.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative will 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
  • the Maritime Labour Convention, 2006

Consultations

This initiative was presented at every national Canadian Marine Advisory Council meeting between the fall of 2011 and the spring of 2015. The most recent consultations took place in November and December 2018.

Additional stakeholder consultations were scheduled to take place at the Canadian Marine Advisory Council meeting in spring 2020; however, the meeting was postponed due to priorities related to COVID-19. Transport Canada is preparing updated consultation documents for stakeholders for anticipated discussions in the spring of 2021.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Scott Weatherdon
Manager and Senior Policy Analyst,
Marine Personnel and Certification,
Marine Safety and Security
Transport Canada
Telephone: 613-301-8976
Email: scott.weatherdon@tc.gc.ca

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

4. 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 Marine Safety Management System Regulations will broaden the application of the existing Safety Management Regulations to 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 use a class structure to apply the safety management system requirements to more vessels.

Tiered structure:

The proposal expands safety management system requirements to Canadian domestic vessels using a class structure which means that vessels are put into groups. The classes are based on vessel size, type, and the work they do.

The Canadian fleet would be divided into five classes:

Class 1 International Convention for the Safety of Life at Sea vessels:

  • The current Safety Management Regulations apply to all International Convention for the Safety of Life at Sea vessels, and the companies that operate them. There are no changes for class 1

Class 2

  • Canadian vessels 500 gross tonnage or heavier and the companies that operate them. Gross tonnage is a measure of the vessel’s overall size
  • Any vessels that carry 50 passengers or more

Class 3

  • Canadian vessels longer than 24 metres, except for vessels in classes 1 or 2

Class 4

  • Type A: Canadian vessels heavier than 15 gross tonnes, except vessels that are in classes 1 to 3, or
  • Type B: Canadian passenger vessels and tugs of not more than 15 gross tonnes, except vessels that are in classes 1 to 3

Class 5

  • Canadian vessels 24 metres or less, lighter than 15 gross tonnes, and are not in class 4, Type B

Potential impacts on Canadians, including businesses

The proposed Regulations will apply to:

  • Canadian vessels and the companies that operate them
  • Foreign-owned, International Convention for the Safety of Life at Sea vessels in Canadian waters

The proposed Regulations will not apply to:

  • fishing vessels not more than 24.4 metres and 150 gross tonnes or lighter
  • vessels that do not have mechanical means of propulsion (e.g. barges), , except those that carry:
    • passengers
    • crew
    • dangerous chemicals in bulk
    • oil in bulk
  • 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)
  • pleasure craft

In order 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. Classes 1 to 3 would need to adhere to varying levels of the ISM Code, while Classes 4 and 5 would need to follow domestic requirements. The proposed regulations would also apply varying levels of oversight on the part of Transport Canada to different classes of vessels, dependent on their size and risk factors.

Regulatory cooperation efforts (domestic and international)

This proposal will extend the requirements of the International Safety Management Code, to non-Convention vessels operating in Canada, addressing inconsistencies between Canadian vessels that are subject to the Convention for the Safety of Life at Sea and vessels that are not.

Consultations

Transport Canada began consulting with industry in 2010. Most recently, the department held consultations during the fall 2020 Canadian Marine Advisory Council meeting. 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 plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in early 2022 with a 70-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

5. Regulations amending the Vessel Pollution and Dangerous Chemicals Regulations (VPDCR)

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 first phase of proposed regulatory amendments to the Vessel Pollution and Dangerous Chemicals Regulations will update, at a minimum, the garbage, water and air pollution requirements to bring them in line with current International Maritime Organization practices in accordance with the International Convention for the Prevention of Pollution from Ships 2017. As part of this initiative, a plan is also being developed to address the ongoing and longstanding issue of pleasure craft and designated sewage areas.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that this change will 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 regulation to keep pace with international and domestic standards for environmental protection. Over the past 2-3 years, Transport Canada has also received feedback from coastal community groups, provincial governments, environmental non-government organisations and Transport Canada inspectors requesting amendments to certain divisions (e.g., sewage, garbage, greywater).

As the work is currently in its policy formation stage, Transport Canada will initiate consultation in Fiscal Year 2021/2022 via the Canadian Marine Advisory Council (National) and will develop an on-line Let’s Talk Transportation website posting to collect feedback on the policy proposal and intent to amend.

It should be noted that these regulations cross-cut 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.

Transport Canada is targeting to pre-publish the proposed regulations in the Canada Gazette, Part I, in early 2023 with a 60-day comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor,
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

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

6. Regulations amending the Small Vessel 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 amendments to the Small Vessel Regulations will fill the space between the existing regulations and the proposed Vessel Construction and Equipment Regulations. The Small Vessel Regulations (Phase II) will be applicable to:

  • the majority of the Canadian inspected vessels fleet and to all types of commercial vessels that are less than 24 metres, excluding fishing vessels
  • vessels that are 15 Gross Tonnage or less, but carrying more than 12 passengers

Potential impacts on Canadians, including businesses

Transport Canada expects that there may be small impacts on industry stakeholders involved in the building and operation of Canadian vessels less than 24 metres in length, excluding fishing vessels. Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council, and use other methods, as needed.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, at the end of 2023 with a 30-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

7. Regulations amending the Vessel Clearance 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 regulatory amendments to the Vessel Clearance Regulations will update the list of Documents Required for Clearance listed in the regulations.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council (National and Regional).

Transport Canada is currently reviewing the regulations and will establish a calendar for the amendment once the review and analysis are completed.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor,
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

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

8. 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, and refers to old provisions. The Regulations will be repealed (cancelled) as part of the Marine Personnel Regulations, 2022.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

The Canadian Coast Guard, to which this Regulations applies, was consulted.

Departmental contact information

Scott Weatherdon
Manager and Senior Policy Analyst
Marine Personnel and certification
Marine Safety and Security
Transport Canada
Telephone: (613) 301-8976
Email: Scott.Weatherdon@tc.gc.ca

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

9. Regulations amending the Vessel Operation Restriction Regulations (2020 Submission)

Enabling act

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

Description

The proposed regulatory amendments to the Vessel Operation Restriction Regulations will:

  • introduce three new restrictions proposed on Lac du Bonnet for prohibition of towing a person for water sports (e.g. skiing, wake surf) outside of permitted hours on three specific areas of the body of water;
  • submit three requests for enforcement designation received from Local Authorities for Vulcan County, Alberta, Ivry-sur-le-Lac and Lac-Simon, Quebec; and,
  • provide proposed corrections to geographic coordinates and/or descriptions for 73 bodies of water in Quebec and three in Ontario.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada presented the proposed changes at the Canadian Marine Advisory Council meeting in fall 2020.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in early 2022 with a 30-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

10. 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 amendments to the Competency of Operators of Pleasure Craft Regulations will include and update a new accreditation framework for course providers and help recover costs by introducing accreditation and test materials access fees for course providers. The proposed amendments will also introduce a 5-year validation period for course accreditation, give the Transport Canada the power to suspend or cancel course accreditation and a Pleasure Craft Operator Cards for non-compliance with the Regulations and modify the parameters where a Rental Boat Safety Checklist can be used in lieu of a Pleasure Craft Operator Card.

Impacts on Canadians, including businesses

The proposed fees will apply to the course providers (businesses) and will shift a large part of program costs, via new fees from Canadian taxpayers, to the third-party accredited course providers. The overall costs are relatively low. The fees proposed were developed in consideration of the economic context in which the course providers operate. The proposed changes related to the Rental Boat Safety Checklist may pose impacts on Canadians wishing to rent certain watercraft without holding a valid PCOC and some rental agency businesses.

Regulatory cooperation efforts (domestic and international)

The Pleasure Craft Operator Card is important for Canadian boaters who boat in the US, particularly because many waterways have shared borders. The National Association of State Boating Law Administrators recognizes the Canadian Pleasure Craft Operator Card. Similarly, Canada’s regulations recognize competency requirements of any state or country as proof of competency in Canada for foreign visitors.

Consultations

Transport Canada consulted with Canadians at the National Canadian Marine Advisory Council meetings in December 2018, April 2019 and November 2020. Course providers recognize the benefit they’ve been receiving from the Program and are generally supportive of the proposed fees. Additional consultations were held on the Let’s Talk Transportation platform. Consultations are still ongoing with respect to the proposed changes for the Rental Boat Safety Checklist with the next session taking place at the upcoming Canadian Marine Advisory Council meeting in April 2021.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

Departmental contact information

Honey Walsh
Manager, Transformation Initiatives and Office of Boating Safety
Marine Safety and Security
Transport Canada
Telephone: 613-790-6230
Email: honey.walsh@tc.gc.ca

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

11. Marine Pilotage Regulations

Enabling act

Pilotage Act (R.S.C., 1985, c. P-14)

Description

This regulatory initiative is part of the implementation phase of the Pilotage Act modernization. Transport Canada’s new pilotage regulations will be a single set of regulations that replaces the five operational regulations that are currently in place under the Pilotage Act.

Potential impacts on Canadians, including businesses

Transport Canada expects that these regulations will help establish a nationally coherent pilotage service that is aligned with the Canadian marine safety system.

Regulatory cooperation efforts (domestic and international)

Transport Canada is also working with counterparts in the United States on this initiative to ensure that supply chains are not disrupted.

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.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Julie Bédard
Director, Marine Pilotage Program
Marine Safety & Security
Transport Canada
Telephone: 613-302-9634
Email: julie.bedard@tc.gc.ca

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

12. Regulations Amending the Vessel Fire Safety Regulations

Enabling act

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

Description

The Vessel Fire Safety Regulations came into force in February 2017 to implement internationally recognized fire safety requirements as set out in the International Convention for the Safety of Life at Sea. The proposed regulatory amendments aim to address gaps and clarify certain provisions found in the Regulations, as well as meeting international standards for firefighter outfits and breathing apparatus.

These proposed regulatory amendments would incorporate by reference the International Convention for the Safety of Life at Sea’s Chapter II-2, Regulation 1.2, in subsection 102(1) of the Regulations to add clarity on applicable requirements for Canadian vessels, and introduce requirements that meet international standards. The proposed amendments would require compliance with: either the EU Directive 2014/90/EU or the National Fire Protection Association 1971 requirements for firefighter outfits; and, either the EU Directive 2014/90/EU, the National Fire Protection Association 1981, or the National Institute for Occupational Safety and Health requirements for self-contained breathing apparatus. These documents would be incorporated by reference into the proposed amendments.

Potential impacts on Canadians, including businesses

These changes could result in cost savings for some vessel owners as they could avoid misinterpretations leading to undertaking unnecessary vessel retrofits. Transport Canada expects that the vessel owner’s equipment already meets the requirement of the proposed Regulations, but there could be some costs incurred to replace non-conforming equipment.

Regulatory cooperation efforts (domestic and international)

These proposed amendments will incorporate by reference the International Convention for the Safety of Life at Sea, Chapter II-2, Regulation 1.2, aiming to meet international standards.

Consultations

Transport Canada consulted with stakeholders at the National Canadian Marine Advisory Council meeting in November 2019.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2021 with a 60-day comment period.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

13. Vessel Traffic Services Regulations

Enabling act

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

Description

The proposed Vessel Traffic Services Regulations will consolidate and combine the Vessel Traffic Services Zones Regulations, the Northern Canada Vessel Traffic Services Zones Regulations, the Eastern Canada Vessel Traffic Services Zones Regulations and various Vessel Traffic Services in the Pacific Region into one regulation.

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

The proposed changes will:

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada will consult via the Canadian Marine Advisory Council (National and Regional) as well as develop an online Let’s Talk Transportation forum to collect feedback on the policy proposal and intent to amend.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2023 with a 30-day comment period.

Departmental contact information

Elizabeth Werszko
Manager, Policy Advisor,
Marine Safety and Security
Transport Canada
Telephone: 613-991-3547
Email: Elizabeth.Werszko@tc.gc.ca

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

14. Administrative Monetary Penalties (Canada Marine Act) Regulations

Enabling act

Canada Marine Act (S.C. 1998, c. 10) 

Description

The proposed regulations would create a flexible administrative monetary penalty regime for violations under the Canada Marine Act, the Natural and Man-made Harbour Navigation and Use Regulations, the Port Authorities Operations Regulations, the Public Port and Public Facilities Regulations, and the Seaway Property Regulations.   

Potential impacts on Canadians, including businesses 

There will be minimal to no impacts on Canadians outside of the industry. There may be impacts on stakeholders in the industry if they fail to comply with applicable regulations.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that that this proposal will not affect regulatory cooperation efforts. 

Consultations

Transport Canada expects to post the pre-publication in the Canada Gazette, Part I, in late 2021. 

Departmental contact information

Regan Braund
A/Manager / Senior Policy Advisor
Transport Canada
Telephone: 613-220-5824
Email: Regan.Braund@tc.gc.ca

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

15. Regulations Amending the Domestic Ferry Security Regulations

Enabling act

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

Description

The proposed regulatory amendments will modernize the existing 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

This proposal is expected to impact domestic ferry operators that are already being regulated under the Regulations, 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 will 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)

Transport Canada does not expect changes to this regulation to affect regulatory cooperation efforts.

Consultations

Transport Canada will continue consulting via the Canadian Marine Advisory Council and with targeted stakeholders, such as the Ferry Association and provincial/municipal governments. Transport Canada consulted online through the Let’s Talk Transportation forum to collect feedback on the policy proposal.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in early 2023 with a 30-day comment period.

Departmental contact information

Aiden Ryan
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613- 292-5394
Email: Aiden.Ryan@tc.gc.ca

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

16. Regulations Amending the Marine Transportation Security Regulations

Enabling act

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

Description

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

  1. Preclearance Operationalization which enable 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 this proposal is to

  • Harmonize the Regulations with the existing Preclearance Act & 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.
  • 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

Amendments linked to preclearance operationalization will 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 amendments will support their efforts to convert to preclearance activities. As preclearance conversion is a business decision, ensuring interested operators have access to an established framework will promote a more seamless conversion process which will have positive economic and security benefits. Moreover, ensuring that security standards are maintained for marine operations where preclearance activities are occurring, will have a positive impact on Canadians and persons in preclearance areas.

Amendments linked to enhanced port security will primarily impact Canadian Port Authorities as well as operators listed in the MTSR’s schedule. Mitigating the ongoing risks of organized criminal activity at Canada’s ports will 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 will be positively impacted.

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

Amendments linked to regulatory gaps may positively impact many marine stakeholders. These include positive benefits associated with increased transparency/usability of the regulations, as well as potential costs.

Regulatory cooperation efforts (domestic and international)

This proposal will bring the Marine Transportation Security Regulations in closer alignment with the International Ship and Port Facility Security Code.

Consultations

Transport Canada will continue to consult via the Canadian Marine Advisory Council following the publication of an online Let’s Talk Transportation forum in spring 2021 to collect feedback on the policy proposal.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Aiden Ryan
Chief, Regulatory Development
Marine Safety and Security
Transport Canada
Telephone: 613- 292-5394
Email: Aiden.Ryan@tc.gc.ca

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

17. Regulations Amending the Marine Safety Fees Regulations (Vessel registry fees) and Repealing the Vessel Registry Fees Tariff

Enabling act

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

Description

Transport Canada’s Vessel Registry is Canada’s national ship registry. It contains information on all vessels registered in Canada, as well as foreign vessels that are being temporarily listed in Canada. Vessel registration fees need to be modernized and regulatory changes are also required to allow Transport Canada to balance the financial burden of the program's costs between vessel owners and the public.

Through this regulatory initiative, the Vessel Registry Fees Tariff would be repealed so that the current (new and updated) Vessel registry fees could be added to the Marine Safety Fees Regulations.

Potential impacts on Canadians, including businesses

The proposed Vessel Registry fees will allow Transport Canada to redistribute the financial burden of the program's costs between the primary beneficiaries of the program (i.e., vessel owners) and Canadian taxpayers.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts

Consultations

Transport Canada plans to launch a consultation on the Let’s Talk Transportation webpage prior to publication in the Canada Gazette, Part I.

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

Krista Kendall
Chief Registrar
Marine Safety and Security, Transport Canada
Telephone: (613) 316-0397
Email: Krista.kendall@tc.gc.ca

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

Initiative(s) planned for Canada Gazette, Part II

18. Regulations Repealing Tariff Regulations made under the Pilotage Act

REPEAL - Great Lakes Pilotage Tariff Regulations

Enabling act

Budget Implementation Act, 2019, No.1, chapter 29 of the Statutes of Canada, 2019 (the Act), section 265(2)

Description

These regulations will repeal the Pilotage Tariff Regulations. Consistent with the new section 33 of the amended Pilotage Act, each Pilotage Authority has established pilotage charges by resolution. The Governor in Council therefore repeals the Pilotage Tariff Regulations as per section 265(2) of the Act.

Potential impacts on Canadians, including businesses

As a result of section 238 of the Act having been brought into force by Order in Council (SI/ 2020-0040) on June 4, 2020 and pilotage charges having been established by each Pilotage Authority in accordance with the new sections 33 to 35 of the amended Pilotage Act, the Great Lakes Pilotage Tariff Regulations is repealed as per clause 265(2) of the Act.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Consultation took place during the Pilotage Act review.

Transport Canada plans to publish the proposed repealing (cancelling) regulations in the Canada Gazette, Part II, in early 2022.

Departmental contact information

Julie Bédard
Director, Marine Pilotage Program
Marine Safety & Security
Transport Canada
Telephone: 613-302-9634
Email: julie.bedard@tc.gc.ca

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

19. Regulations amending the Vessel Operation Restriction Regulations (2019 Submission)

Enabling act

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

Description

The proposed regulatory amendments to the Vessel Operation Restriction Regulations will:

  • introduce language under section 10.1(1) and 12(1) of the Regulations regarding the permitting process for operation of vessels in restricted waters;
  • introduce new restrictions for three bodies of water;
  • address minor discrepancies on current vessel operation restrictions; and
  • allow for the City of Edmonton’s peace officers to be granted enforcement designation under the Regulations.

Potential impacts on Canadians, including businesses

Transport Canada expects no major impacts to Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on June 12, 2021 with a 30-day public comment period.

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in early 2022.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

20. Regulations amending the Life Saving Equipment Regulations

Enabling act

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

Description

The proposed regulatory amendments to the Life Saving Equipment Regulations aim to ensure that inflatable survival equipment is maintained in a safe manner in order to reduce the risk associated with the impact of freeze-thaw cycles on inflatable survival equipment.

Schedule IV of the Life Saving Equipment Regulations includes servicing requirements for inflatable survival equipment, including inflatable life rafts. It requires inflatable survival equipment be serviced annually in accordance with the recommendations of the manufacturer with an exception for vessels that operate for less than seven months per year. For those vessels, the interval between servicing may be extended to every two years. This relaxation primarily benefits operators in the summer tourism industry.

The extended servicing period was established to accommodate operators of small cruise ships, such as tour vessels that operate their vessels exclusively during the summer period. However, it has since been determined that some vessels that only operate for seven months of the year may be exposed to freezing temperatures. There is a safety risk associated with inflatable survival equipment being exposed to freeze/thaw cycles as these may compromise the inflatable survival equipment leading to a possible failure of the equipment in an emergency situation.

The proposed amendment would require that, in order to qualify for the two-year extended servicing period, the vessel must operate only in months where the monthly historical average daily minimum air temperature is greater than 0°C according to the climate data from the weather station closest to the vessel's area of operation as compiled by the Department of the Environment. The proposed amendment would apply to all inflatable survival equipment carried on Canadian vessels.

Potential impacts on Canadians, including businesses

Fishing vessel owners may have already taken advantage of the current servicing extension provision.

This change will require vessels that operate during months with freezing temperatures to service their inflatable survival craft every year, instead of every two years, which will create some additional costs.

Regulatory cooperation efforts (domestic and international)

Transport Canada expects that these changes will not affect regulatory cooperation efforts.

Consultations

Transport Canada consulted with stakeholders on this proposed amendments at the November 2019 Canadian Marine Advisory Council national meeting which took place in Ottawa. Transport Canada also provided an update to stakeholders on the proposed amendments at the November 2020 Canadian Marine Advisory Council meeting.

Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on June 12, 2021 with a 60-day public comment period. Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in 2022.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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

21. Regulations amending the Large Fishing Vessel Inspection Regulations

Enabling act

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

Description

The proposed regulatory amendments to the Large Fishing Vessel Inspection Regulations will require water-level detectors and alarms to be installed in watertight compartments of large fishing vessels below the waterline, not intended to carry liquids. This change is being made to reduce the risk of uncontrolled and undetected floodwater making a vessel unstable.

The amendments addresses a recommendation of the Transportation Safety Board and standardizes the requirement for water-level detectors or alarms in all watertight compartments located below the waterline on all large fishing vessels operating in all Canadian waters.

Potential impacts on Canadians, including businesses

These amendments will likely create costs for large fishing vessel owners, because they will need to install monitors in all dry compartments below the waterline.

Regulatory cooperation efforts (domestic and international)

Transport Canada does not expect to affect regulatory cooperation efforts.

Consultations

Transport Canada consulted with stakeholders at the National Canadian Marine Advisory Council meeting in November 2019.

Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on May 22, 2021 with a 60-day public comment period. Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in early 2022.

Departmental contact information

Heidi Craswell
Manager/Senior Policy Advisor Marine Safety and Security
Transport Canada
Telephone: 343-549-5614
Email: heidi.craswell@tc.gc.ca

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