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2011 Legal News


October 27, 2011 - Ballast Water Control and Management Regulations

The new Regulations replace the old Ballast Water Control and Management Regulations and harmonize the regulatory text with the CSA 2001. There are no substantive policy changes to the regulatory provisions which still identify ballast water exchange as the most effective method of controlling the potential of invasive species and pathogens from entering waters under Canadian jurisdiction.


September 30, 2011 - Voyage Data Recorder Regulations

The VDR Regulations require all new passenger vessels of 500 GT or more and new cargo vessels of 3,000 GT or more that are not engaged solely on inland voyages to be fitted with a VDR. In addition, all existing passenger vessels of 500 GT or more must be fitted with either a VDR or an S-VDR by July 1, 2015. The Regulations do not apply to certain new and existing passenger vessels that are seasonally operated, nor do they apply to domestic cargo vessels constructed before January 1, 2012.


The VDR Regulations also implement the VDR requirements contained in the International Safety Convention for the Safety of Life at Sea (SOLAS Convention), which affects Canadian vessels engaged on international voyages. As certain portions of these requirements were contained in the Navigation Safety Regulations, these specific requirements have been repealed.


August 17, 2011 - Certain Marine Carriers Remission Order, 2011

The Order remits fees for marine navigation services provided by the Canadian Coast Guard that are paid or payable for 2011 by marine carriers in respect of ships operating in Canadian waters between locations situated north of 60° North latitude and those situated south of 60° North latitude.


June 26, 2011 - Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act

Part 12 of this Act amends the Canada Shipping Act, 2001 to allow the Governor in Council or the Minister of Transport to exempt vessels from the registration requirements in Part 2 of the CSA, 2001 and  allows for the registration of a group of vessels as a fleet in the small vessel register, under a single certificate of registry and single official number.


June 22, 2011 - Order Fixing August 15, 2011 as the Day on which the Canada-Colombia Free Trade Agreement Implementation Act Comes into Force


March 25, 2011 - Release and Environmental Emergency Notification Regulations and Deposit Out of the Normal Course of Events Notification Regulations

Various Notification Regulations under CEPA, 1999 and the Fisheries Act provide for 24-hour emergency telephone service to receive, on behalf of Environment Canada, notification of a deposit of a deleterious substance or substance that could cause an environmental emergency if released. Various Regulations were streamlined to avoid overlap.  In addition, the Regulations were modified to include a provision to require the master of a vessel, the owner of a vessel, or the operator of an oil handling facility to whom the Pollutant Discharge Reporting Regulations, 1995 apply to only notify a pollution prevention officer, or a CEPA 1999 enforcement officer or a Fisheries Act inspector, as applicable.


February 04, 2011 - Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

The Regulations made under the Canadian Environmental Protection Act, 1999 establish emission standards and test procedures aligned with those of the U.S. EPA for outboard motor engines, personal watercraft engines, sterndrive and inboard engines and vessels powered by such engines with installed fuel lines or fuel tanks, that are manufactured in or imported into Canada on or after the coming into force date (60 days after February 04, 2011). They apply to companies in the business of manufacturing, distributing or importing these products for sale in Canada, and to persons who import these products for their own use.


February 03, 2011 - Regulations Repealing the Reinsurance (Canadian Companies) Regulations and the Reinsurance (Foreign Companies) Regulations

This repeals as of June 30, 2011 the Regulations pursuant to which property and casualty insurance companies could not cede more than 75% of their gross premiums in total and 25% of their gross premiums to unregistered reinsurers.


DISCLAIMER: As lawyers we appreciate disclaimers; so here is ours. Metcalf & Company maintains its web site for informational purposes only. The information is provided "as is" with all faults, and is not legal advice. Your use of the information does not create an attorney-client relationship. You should consult with a lawyer before relying on any such information.

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