Highlights
- Transport Canada repealed 9 existing regulations related to navigation safety and radio communications and consolidate them into 1 new regulation, the Navigation Safety Regulations, 2020
- The Marine Electronic Document Validation tool was launched. The tool provides a new online method of verifying the validity of electronic documents issued to Canadian vessels, ports or facilities
- For a 4th year, Transport Canada implemented vessel traffic management measures in the Gulf of St. Lawrence to reduce the risk of vessel collisions with North Atlantic right whales
Developments enhancing efficiency and competitiveness
Ports modernization review
Transport Canada continued to advance the ports modernization review, launched in spring 2018, with an aim to strengthen Canada’s port system and improve the efficiency of Canada Port Authorities as key gateways and to support economic growth.
In fall 2020, Transport Canada released a What We Heard Report that summarized feedback collected during the review’s engagement process. Transport Canada conducted detailed research and analysis, and is incorporating emerging impacts to the Canadian economy and supply chain, such as COVID-19. Once completed, the Review will help update governance structures that promote investments in ports.
In addition, Transport Canada continued its review of the St. Lawrence Seaway, first announced in 2017. This review examined the Seaway’s competitiveness and sustainability, its management structure, and opportunities for further development. A What We Heard Report was released in October 2020, summarizing the feedback collected during the review process. The review’s findings will help ensure the Seaway continues to be positioned as a critical transportation corridor for North America.
Marine liability
In response to a recommendation in the Canada Energy Regulator’s Reconsideration Report on the Trans Mountain Expansion Project, in 2020 Transport Canada engaged with Indigenous and non-Indigenous communities across Canada to understand the non-economic impacts of oil spills at the community level. Engagement continued until March 31, 2021. Transport Canada sent information packages to over 280 Indigenous communities, over 65 Indigenous organizations and over 190 non-Indigenous communities, municipalities, and organizations to help facilitate their participation in the review. Transport Canada also participated in around 40 engagement sessions with communities from across Canada.
In addition, in 2020 Transport Canada consulted stakeholders in the maritime law, insurance, and shipping sectors regarding ways to clarify and modernize the legal liability rules that govern the carriage of marine cargo. The goal is to ensure that Canada is consistent with its major trading partners and keeps up with increasingly digital ways of working. In connection with these consultations, section 45 of the Marine Liability Act, which would have given force of law to the Hamburg Rules and was never brought into force was repealed as part of the annual Statutes Repeal Act process. This review will continue in 2021.
Developments enhancing safety and security
Navigation Safety Regulations
In support of further enhancing marine safety, Transport Canada published the Regulations Amending the Navigation Safety Regulations on April 17, 2019 to demonstrate its commitment to enhancing marine safety. The objective of this regulatory initiative was to amend Transport Canada’s existing Navigation Safety Regulations to expand the automatic identification system carriage requirements to a wider category of passenger vessels for the purpose of enhancing marine safety and supporting the protection and recovery of the Southern Resident killer whales. Additional vessels that did not previously carry an automatic identification system under the Navigation Safety Regulations are required to carry one as of April, 26 2021 with the recent publication of the Navigation Safety Regulations, 2020.
Another regulatory initiative, which is aimed at further enhancing marine safety, in terms of collision avoidance and search and rescue efforts, is the Navigation Safety Regulations, 2020 initiative which was published in the Canada Gazette, Part II, on October, 28 2020. These Regulations repeal 9 existing regulations related to navigation safety and radio communications and consolidate them into one new regulation, the Navigation Safety Regulations, 2020. This also transfers most of the requirements relating to navigation safety from the Steering Appliances and Equipment Regulations to the new regulations.
Along with this consolidation, the new regulation:
- expanded carriage requirements for distress alerting and communication equipment
- expanded carriage requirements for equipment designed to improve the situational awareness of vessel operators
- incorporated by reference chapters IV and V of the International Convention for the Safety of Life at Sea (SOLAS)
- brought the regulatory regime in line with the Canada Shipping Act, 2001
- responded to recommendations made by the Transportation Safety Board, the Chief Cor1r for the Leviathan II marine incident, and the Auditor General, and
- addressed concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding the Charts and Nautical Publications, 1995
Vessel Safety Certificates Regulations
Transport Canada is addressing various issues through the replacement of the Vessel Certificates Regulations with the Vessel Safety Certificates Regulations. The new regulations are aligned with statutory changes made when the Canada Shipping Act, 2001 replaced the former Canada Shipping Act, and implement various practices which had been adopted by the industry before the introduction of the new regulations.
This regulatory project also follows through on the priorities of Transport Canada to modernize regulations and legislation relevant to the transportation sector, and to modernize the Canadian inspection regime. The new regulations clarify and update existing vessel safety certificate and details of inspection requirements and voyage classification definitions. They also update schedules for sheltered waters. In addition, as part of this regulatory project, consequential amendments aim to increase regulatory flexibility, harmonization and simplicity for stakeholders and government.
Pilotage Act
Since June 2019, Transport Canada has been implementing the amended provisions of the Pilotage Act, which are being brought into force in 4 stages. The first set of provisions came into force in August 2019, the second in March 2020, and the third in June 2020. Transport Canada continues to work with Pilotage Authorities and system users to develop the new pilotage regulatory framework, which are expected to be in place in early 2022.
Marine Safety Management System Regulations
Another effort to enhance marine safety is demonstrated in the proposed amendments to the Safety Management Regulations for the marine sector.
The objectives of this proposed regulatory initiative are:
- reducing the number of marine occurrences in the operation of the Canadian domestic fleet, therefore limiting the consequence of such accidents which may include deaths and injuries, marine pollution, repair costs, downtimes, business financial losses and serious consequences for the health and welfare of seafarers
- improving consistency in Canadian waters between vessels operating under international conventions and those operating under domestic requirements. Introducing the requirement to have a safety management system on the vast majority of the Canadian fleet will remove inconsistency, ensuring the majority of vessels operating in Canadian waters are subject to similar requirements regarding safety procedures and practices, helping reduce occurrences and their consequences
- creating a culture of safety in the marine industry by requiring that a company examine the risks related to its operations, analyze them, develop mitigating measures, and put these in place through procedures including verification and continuous improvement
- finally, these regulations will contribute to Transport Canada’s mandate of making the Canadian transportation system safe, secure, efficient and environmentally responsible
Modernization initiative – Marine Electronic Document Validation Tool
In 2020, Transport Canada launched the Marine Electronic Document Validation tool. The tool provides a new online method of verifying the validity of electronic documents issued to Canadian vessels, ports or facilities by Transport Canada’s Marine Safety and Security Directorate.
Seafarer Welfare Board
In November 2020 the National Seafarers’ Welfare Board was created in partnership with Canadian marine industry stakeholders and seafarer organizations to facilitate and support appropriate seafarer welfare both at home and abroad. The board is comprised of ship owners, seafarer welfare and labour representatives, port representatives and government representatives.
Engaging Canadians
Transport Canada continues to improve Canada’s marine safety and security system by engaging with people and organizations and receiving ongoing input through the Let’s Talk – Marine Safety and Security Consultations webpage.
Developments to the Navigation Protection Program
In August 2019, amendments to the Navigation Protection Act came into force, which restored lost protections for navigable waters, incorporated modern safeguards, and renamed the legislation the Canadian Navigable Waters Act.
The Canadian Navigable Waters Act helps the Government of Canada better protect the public’s right to travel Canada’s navigable waters and restores public trust while providing shared benefits to Canadians, including Indigenous peoples and businesses. A key purpose of the Act is to regulate "works" that may interfere with navigation in navigable waters. Works include any structure, device or thing — temporary or permanent — made by humans that is in, on, over, under, through or across any navigable water. They can be small works like docks or large works like dams.
Following the coming into force of the Canadian Navigable Waters Act, Transport Canada:
- published the Minister of Transport’s Major Works Order, which designates the types of works that are likely to substantially interfere with navigation, and for which owners must apply for an approval on any navigable water
- published the Minister of Transport’s Order Amending the Schedule to the Canadian Navigable Waters Act, which added 25 navigable waters to the schedule of the Act, including eligible heritage and wild and free-flowing rivers
- released a new tool, called the Common Project Search, a registry where Canadians can access information and provide comments on proposed works on navigable waters in their communities
- released a new project review tool for owners of works to understand their obligations under the Act, and an online submission site for owners to submit applications for approval
In 2019, Transport Canada’s Navigation Protection Program processed 1,798 applications for approval, conducted 1,119 compliance verifications, and took 131 enforcement actions pursuant to the Act.
Finally, as a core member of the Marine Security Operations Centres and chair of its oversight committees, Transport Canada continues to partner with other federal government departments and agencies to leverage our combined capacity and authority to enhance Canada’s marine security.
Developments enhancing environmental protection
Reducing sulphur emissions
Since January 1 2015, vessels in Canadian waters and within the North American Emission Control Area must use fuel with a maximum sulphur content of 0.1%, or technology that results in equivalent sulphur emissions, to reduce air pollutants (for example, exhaust gas cleaning systems). In the Great Lakes- St. Lawrence Seaway system, progress continued under the Fleet Averaging Regulatory Regime to reduce sulphur emissions from domestic vessels. The fleet averaging regulatory regime program concluded on December 31, 2020.
Ballast Water Regulations
Ballast water, which is important for the safety and stability of vessels, can also introduce aquatic invasive species (like zebra mussels) into receiving waters. In 2010, Canada acceded to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004.
In 2019, new ballast water regulations were published for public comment in the Canada Gazette. These regulations, which are intended to give effect to Canada’s obligations under the Convention and further protect Canadian waters from the introduction and spread of aquatic invasive species and pathogens, would apply to Canadian vessels and vessels in waters under Canadian jurisdiction.
Vessels subject to the regulations would be required to comply with a number of new provisions, including a performance standard that would limit the concentration of discharged organisms and the development and implementation of a ballast water management plan. In 2020, the department continued to assess the input received through the public consultation process, and submitted public comments to the US Environmental Protection Agency and Federal Maritime Commission regarding regulatory compatibility on the Great Lakes.
Environmental Response Regulations
In addition, Transport Canada published the Environmental Response Regulations in Canada Gazette Part II on July 10, 2019. These regulations were developed to include additional measures for prescribed oil handling facilities. The objective is to improve the effectiveness of Canada’s Oil Spill Preparedness and Response Regime for prescribed vessels and oil handling facilities while transferring oil to and from vessels. Enhanced prevention and planning activities by the oil handling facilities, in conjunction with increased compliance and enforcement by Transport Canada, provides a state of readiness.
The regime’s improvements will better prepare oil handling facilities of prescribed classes during an oil spill incident with new Oceans Protection Plan requirements, which will mitigate the risks of polluting shorelines and sensitive areas, fundamental for Indigenous and local coastal communities.
Developments addressing the recovery of Canada’s whale populations
Southern Resident killer whales
Adapting seasonal measures introduced in 2019, Transport Canada implemented a suite of enhanced management measures to lessen the impacts of acoustic and physical disturbance from vessels on Southern Resident killer whales through the issuance of an interim order under the Canada Shipping Act, 2001. These measures included (see map below):
- The implementation of 3 mandatory Interim Sanctuary Zones from June 1 to November 30, prohibiting vessels from entering designated zones at Swiftsure Bank and off Pender and Saturna Islands, areas identified as important for Southern Resident killer whales
- A mandatory approach distance of 400m for all killer whales in Southern Resident killer whales critical habitat year-round. Whale watching and ecotourism companies that entered into a sustainable whale watching agreement were authorized by the Minister of Transport to view non-Southern Resident killer whales at a distance up to 200m, and agreed to not offer or promote whale watching tours of Southern Resident killer whales.
Image description - Map of South Coast of Vancouver Island, British Columbia (SRKW)
The map shows measures that were implemented in different areas of the South Coast of Vancouver Island, British Columbia. The map shows colour-coded areas representing different restrictions.
In all yellow and orange areas (critical habitat), vessels:
- Must keep 400m away except for vessels in transit. Some whale watching operators can view non-Southern Resident Killer Whales up to 200m if they meet specific conditions
- Should turn off echo sounders when not in use
- Should turn engine to neutral idle when within 400m of a whale
In all Orange areas, vessels:
- Should avoid fishing within 1000m of killer whales
- Should go slow (7 knots or less) within 1000m of killer whales
In all red areas, vessels:
- Must avoid Interim Sanctuary Zones (accessing a residence or business on N. Pender or Saturna Island; vessel/person fishing for FSC or domestic purposes pursuant to a treaty; Indigenous persons exercising an existing right, other than for fishing for non-commercial purposes, are exempt)
Pink outline areas:
- Fishery closures for recreational and commercial salmon (August 1-October 31)
Blue outline areas (coordinated by ECHO Program) (Large Commercial Vessel Measures – Voluntary)
- Haro Strait and Boundary Pass vessel slowdown trial
- Strait of Juan de Fuca inshore lateral displacement trial
Visit: 2020 management measures to protect Southern Resident killer whales
In addition to these mandatory measures, voluntary measures to protect Southern Resident killer whales were implemented, including a 7 knot go-slow zone within 1 km of Southern Resident killer whales, turning off echosounders when not in use, and turning engines to neutral idle when within 400 m of a killer whale. Transport Canada increased public awareness of risks to Southern Resident killer whales and best practices when boating around whales through social media marketing, partnerships with outreach and education organizations, and other public engagement activities.
Transport Canada also continues to partner with the Vancouver Fraser Port Authority’s ECHO Program to identify and implement measures to reduce underwater noise from large commercial vessel traffic. Voluntary commercial vessel slowdowns first implemented in 2017 now include both Haro Strait and Boundary Pass and, new in 2020, a trial slowdown at Swiftsure Bank. The voluntary lateral displacement of inshore vessel traffic in the Strait of Juan de Fuca was implemented for a second year to move traffic away from key foraging areas.
Transport Canada and Fisheries and Oceans Canada continued implementation of a Conservation Agreement under the Species at Risk Act with the various industry partners involved in the ECHO Program. Participation of industry partners continued to increase and the ECHO Program advanced research, development, and monitoring of measures to reduce the contribution of large commercial vessels to the threat of acoustic and physical disturbance to Southern Resident killer whales. Of the 36 measures and sub-measures outlined in the agreement:
- 26 measures (81%) were completed
- work on 5 measures (18%) is continues into year 2 and
- 1 measure (3%) is ongoing throughout the duration of the agreement
In 2020, Transport Canada laid the groundwork to launch a National Working Group to examine the issue of underwater vessel noise reduction targets. Subject-matter experts and marine stakeholders from across Canada, as well as the international community, will provide advice to the Government of Canada on a feasible target for source-noise reductions from a range of vessel classes.
As part of the Government of Canada’s commitment to address underwater vessel noise and protect the marine environment, the Quiet Vessel Initiative is continuing to develop scientific evidence about the most effective approaches to quieting vessels as part of a long-term solution to underwater radiated noise.
The Quiet Vessel Initiative is enabling Transport Canada to address knowledge gaps on underwater noise by funding the assessment of the most promising technologies, vessel designs, retrofits and operational practices to test “quiet” vessels. The results generated through the Quiet Vessel Initiative will support Canada’s efforts to influence the development of international quiet vessel design standards through the International Maritime Organization.
Globally, Canada is leading on the issue of underwater noise from shipping by spearheading underwater vessel noise efforts at the International Maritime Organization, including through hosting workshops and participating in international conferences. A policy workshop held in Vancouver in November 2019 resulted in the submission of a new work output proposal to the Marine Environment Protection Committee of the International Maritime Organization.
The new work output proposal, co-sponsored by Australia and the US, is set to be considered at the spring 2021 meeting of the Committee. The proposal asks the committee to review the existing International Maritime Organization guidelines on underwater noise and propose next steps to improving actions to reduce underwater noise from shipping. Canada is also leading and inputting into various international research projects focused on quiet ship technologies, understanding barriers to the implementation of measures and the impact of underwater noise in the Arctic.
North Atlantic right whales
For a 4th year, from April 28 to November 15, Transport Canada implemented vessel traffic management measures in the Gulf of St. Lawrence to reduce the risk of vessel collisions with North Atlantic right whales. The Department put a speed restriction in place for vessels greater than 13 m in length travelling through much of the Gulf of St. Lawrence. To minimize impact on the marine industry, vessels were allowed to travel at safe operational speeds in the shipping lanes north and south of Anticosti Island when no North Atlantic right whales were detected. The department also introduced in 2020:
- A trial voluntary slowdown in the Cabot Strait in the spring and fall when larger numbers of North Atlantic right whales are migrating in or out of the Gulf
- A mandatory restricted area to protect larger numbers of North Atlantic right whales gathering in and near the Shediac Valley in the summer months. In this restricted area navigation was prohibited for all vessels greater than 13m in length with certain exemptions
To monitor for North Atlantic right whales, Transport Canada also introduced a drone and an acoustic underwater glider to support the National Aerial Surveillance Program aircraft. In 2020, the program flew a total of 304.1 flight hours and the drone flew a total of 72 hours in support of North Atlantic right whales monitoring. With 8,784 vessel movements through the vessel traffic management areas, only 4 penalties were issued, resulting in a compliance rate of greater than 99.9%.
Image description - Map of Gulf of St. Lawrence (NARW)
The map shows restrictions imposed in the Gulf of St. Lawrence where different areas are represented by different colours. The Dynamic Shipping Zone, Northern and Southern Static Zones are all represented on the map and indicate different levels of restrictions.
Ongoing work with other government departments, industry, non-governmental organizations, academia, Indigenous groups, and international partners is key to the continued success of measures under the Whales Initiative.
COVID-19 and the marine industry
Transport Canada has implemented a series of measures to minimize the risk of COVID-19 spread, and to maintain the essential movement of goods and people, while balancing the safety of the marine sector, including:
- extending the ban on pleasure craft in Canadian Arctic waters and on cruise vessels in all Canadian waters until February 28, 2022
- prohibiting passenger vessels certified to carry more than 12 passengers performing non-essential activities from entering Arctic coastal waters, including Nunatsiavut, Nunavik and the Labrador Coast until February 28, 2022
- requiring essential passenger vessels and ferries to follow local public health guidance and protocols, and follow mitigation measures to reduce the spread of COVID-19 and prevent future outbreaks
- also requiring essential passenger vessels and ferries to either reduce their carriage capacity by 50% or implement alternative measures, outlined by the Public Health Agency of Canada, to prevent the spread of COVID-19 among passengers and crew
- extending the validity period of certain marine personnel certificates, to accommodate workers who may not have access to renewal processes, or refresher training due to mitigation measures surrounding COVID-19
- issuing a Ship Safety Bulletin that provides guidance regarding the mobility of asymptomatic marine sector workers as it pertains to crew changes and shore leave during the COVID-19 pandemic
- adapting the procedure for inspection of domestic vessel to reduce the risk of inspectors contracting COVID-19 and introducing remote inspections when possible to extend validity of certificates or renew certificates
- issuing a special Marine Security Notification that provides guidance regarding the reporting of travelers on board vessels that report having symptoms of COVID-19
- through the Marine Security Operations Centres, facilitating the reporting of travelers on board vessels that report having symptoms of COVID-19
- in collaboration with core marine security partners and federal public health officials, drafting the national Maritime Strategic Plan that became part of the broader Government of Canada Plan
- hosting a series of stakeholder engagement opportunities with industry stakeholders and federal partners to advise the marine industry of emerging public health issues affecting the marine transportation system and leading a Tiger Team to synchronize processes for the reporting and responding to potential COVID-19 incidents on board vessels arriving in Canada