Canada Shipping Act, 2001, S.C. 2001, c. 26
Publisher/Sponsor:
Transport Canada
The Canada
Shipping Act, 2001, which replaces the often amended, over 100 year old Canada
Shipping Act (originally based on the British Merchant Shipping Act of
1894), is the principal legislation governing safety in marine transportation
and recreational boating, as well as the safety and protection of the marine
environment. The Act applies to Canadian
vessels operating in all waters and to foreign vessels operating in Canadian
waters, ranging from canoes and kayaks, fishing vessels and other pleasure
craft, to tankers, tugs, barges, lakers, and cruise ships. With some exceptions, the Act does not apply
to vessels belonging to the Canadian Forces or a foreign military force or to
any other vessel that is under the command, control or direction of the
Canadian Forces.
The objectives of
the Act include:
(a) protecting the
health and well-being of individuals, including the crews of ships, who
participate in marine transportation and commerce;
(b) promoting
safety in the marine transportation system;
(c) protecting
the marine environment from damage due to navigation and shipping activities;
(d) the development
of a regulatory scheme that encourages viable, effective and economical marine
transportation and commerce;
(e) promoting an
efficient marine transportation system;
(f) ensuring that
Canada can meet its international obligations under bilateral and multilateral
agreements with respect to navigation and shipping;
(g) encouraging
the harmonization of marine practices;
(h) providing an
appropriate liability and compensation regime in relation to incidents
involving ships; and
(i) establishing
an effective inspection and enforcement program.
The Act aims to promote
the sustainable growth of the Canadian shipping industry and to help the marine
community operate in a manner that is safer, more efficient, environmentally
sound, and responsive to the needs of Canadians in a global economy.
Notable
regulations that are part of the revised Act include:
Small Vessel Regulations address the safety needs of (a) pleasure craft of
all sizes, (b) a passenger-carrying vessel that does
not exceed 15 tons gross tonnage and that does not carry more than 12
passengers, and (c) a power-driven vessel that does not exceed 15 tons gross
tonnage, that does not carry passengers and that is neither a pleasure craft
nor a fishing vessel. These regulations do
not apply to floating devices that measure less than 2 m in length and that are
not designed to be fitted with a motor.
Generally, the regulations provide that no
person shall operate a small vessel unless it carries the personal protection
equipment, such as lifejackets or other approved personal flotation devices, boat safety equipment, distress equipment and navigation equipment that
are required by these regulations; the equipment must be in good working order
and the equipment that is carried on the vessel must be properly stowed and must
be readily accessible for immediate use if it is needed.
Competency of Operators of Pleasure Craft Regulations
outline the training
course and accreditation requirements, including the acquisition of a mandatory
Pleasure Craft Operator Card, for all
operators of pleasure craft in Canada. Also
included in these regulations are the standards that boating
safety course providers must meet.
Life Saving Equipment Regulations detail at length the safety equipment
that must be carried on board ships that meet specified size requirements. These regulations do not apply to pleasure craft, fishing vessels, ships that are
under 5 tons gross tonnage and are certified to carry 12 passengers or less,
cargo ships that are under 15 tons gross tonnage, or ships
capable of “engaging in the drilling for, or the production, conservation or
processing of, oil or gas.” Requirements
for all vessels other than those named above may include such items as a "marine evacuation system" which is lifesaving equipment that consists of
one or more inflatable life rafts, "pyrotechnic distress signals" such as rocket parachute flares, hand flares or a buoyant smoke
signal, or a "SART" which is a radar transponder designed for
search and rescue purposes.
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 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 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.
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.
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