NEW PROPOSED REGULATIONS FOR MARINE SAFETY VIOLATIONS

OTTAWA — The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, today announced proposed Administrative Monetary Penalties Regulations to establish a comprehensive and consistent method outside of the courts, for penalizing marine safety violations across Canada.

"The proposed regulations would reinforce the Government of Canada's commitment to the development of a modern and efficient approach to regulating the marine sector in Canada," said Minister Cannon. "They would help the marine community operate in a manner that is safer, more efficient, and environmentally sound."

The Administrative Monetary Penalties Regulations are new to the marine sector. This system would save time and money for everyone. Administrative monetary penalties would provide a new way to enforce marine safety requirements without using the criminal court system. In addition, the regulations include flexible ways to serve Administrative Monetary Penalties notices to individuals, corporations and vessels. This flexibility and efficiency would improve the safety of the marine community, the marine environment and ultimately the general public.

Additionally, the regulations would promote consistency of enforcement under the Canada Shipping Act, 2001 (CSA 2001) which came into effect on July 1, 2007. This new Act replaces the Canada Shipping Act as the principal legislation governing safety in marine transportation and recreational boating, as well as protection of the marine environment.

More than 100 regulations are being reviewed and updated in order to reflect CSA 2001 changes. The CSA 2001 and its associated regulations apply to Canadian vessels operating in all waters and to foreign vessels operating in Canadian waters, ranging from canoes and kayaks to cruise ships and tankers.

The proposed regulations were published in the Canada Gazette, Part I on November 3, 2007. A 60-day comment period follows, during which interested parties may provide their views to the department. After consideration of all comments received, Transport Canada will finalize the regulations and publish them in the Canada Gazette, Part II, at which time they will come into force.

If you would like more information about the CSA 2001, please visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. A backgrounder providing more detail about the Act and some of its supporting regulations is also attached.

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BACKGROUNDER

CANADA SHIPPING ACT, 2001

The Canada Shipping Act, 2001 (CSA 2001) is an updated and streamlined version of the Canada Shipping Act, which dates back more than 100 years. The CSA 2001 came into force on July 1, 2007. It is the principal legislation that governs the activities of Canadian vessels in all waters, and of all vessels in Canadian waters.

The Act applies to a marine transportation industry that is as diverse as the country it serves — from pleasure craft to fishing vessels, from tugs and barges to lakers and cruise ships.

The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It will help the marine community to operate in a manner that is safer, more efficient, environmentally sound, and responsive to the needs of Canadians in a global economy.

Throughout the reform process, Transport Canada will maintain the highest possible standards in the important area of marine safety.

The CSA 2001 Regulatory Reform Project

In order to give full effect to the CSA 2001, more than 100 regulations need to be reviewed and updated.

Changes included in the Canada Shipping Act, 2001

The Canada Shipping Act reform began in 1997 and evolved on two tracks.

Track One resulted in Bill C-15, which revised provisions dealing with ship ownership, registration, and mortgages. It also added a preamble to make the Act's objectives easy to understand and its content easier to interpret. Bill C-15 received Royal Assent in June 2001.

Track Two resulted in Bill C-14, which received Royal Assent on November 1, 2001 as the Canada Shipping Act, 2001. Now in force, its provisions better protect and support crews, enhance passenger and vessel safety, and better protect the marine environment.

The Act itself has been simplified by:

• including definitions only when the ordinary dictionary meaning has been narrowed or expanded;
• removing technical details from the Act to simplify the legislative framework. They are placed in regulations, standards or other documents;
• using language that is clearer and much easier to understand; and
• moving all liability provisions to the Marine Liability Act.

The CSA 2001 authorizes the development of supporting regulations that clarify and improve existing vessel safety requirements, environmental protection, and personnel certification and training.

Key regulations of this regulatory reform include:

Administrative Monetary Penalties Regulations
Administrative Monetary Penalties Regulations are being introduced to provide an alternative to judicial methods of enforcement. While new to the marine sector, they have been used in the aviation sector for some time.

Marine Personnel Regulations
Marine Personnel Regulations ensure that ship owners employ sufficient crew for the safe operation of vessels. They also ensure that crews are trained and certified to perform their duties and are able to manage and operate vessels. Newly added to these regulations are the "Maritime Labour Standards," which establish the labour working conditions on vessels.

Environmental Response Regulations
Environmental Response Regulations deal with the prevention of and response to marine spills from vessels and oil handling facilities. Response organizations will need to be certified to enter into agreements with vessels and oil handling facilities. These facilities will be required to have prevention and response plans in place.

Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals
Regulations for the Prevention of Pollution From Ships and for Dangerous Chemicals are designed to eliminate the deliberate, negligent, or accidental discharge of ship-source pollutants into the marine environment. They also promote the safe operation of chemical tankers.

Small Vessel Regulations
Small Vessel Regulations address the safety needs of pleasure craft of all sizes as well as all other small non-pleasure craft up to 15 gross tonnage that are not fishing vessels.

Fishing Vessel Safety Regulations
New Fishing Vessel Safety Regulations provide an enhanced level of safety. They require fishing vessels to be built and outfitted for safety, equipped for emergencies and manned by competent crews.

You can learn more about the Canada Shipping Act, 2001 reform at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca.

Notices

April 23, 2014

April 22, 2014

April 21, 2014

April 21, 2014

December 31, 1969