2012 Legal News
November 23, 2012 - CSA, 2001 Administrative Monetary Penalties Regulations Amended
“Regulatory” AMPs were introduced for breaches of the: (1) Cargo, Fumigation and Tackle Regulations, (2) Collision Regulations, (3) Load Line Regulations, (4) Marine Personnel Regulations, (5) Special-purpose Vessels Regulations, (6) Vessel Certificates Regulations, and (7) Vessel Registration and Tonnage Regulations. The process by which AMPs will be set is unchanged.
In addition, there is a new section dealing with giving notices relating to Canadian Maritime Documents (vessel certificates or certificates of competency) — the notice of refusal to issue, the notice of proposed suspension or cancellation, and the notice of suspension, cancellation or refusal to renew.
August 1, 2012 - North American Emission Control Area enters into force
On July 13, 2009, Canada, the United States, and France (for Saint-Pierre and Miquelon) jointly submitted a proposal to the International Maritime Organization (IMO) to designate the area within 200 nautical miles off the East and West coasts of Canada and the United States as an ECA under Annex VI to MARPOL. The North American ECA was adopted by IMO on March 26, 2010 and came into force internationally on August 1, 2012. The North American ECA joins two other ECA areas already in force covering the North Sea and the Baltic Sea.
June 29, 2012 - Jobs, Growth and Long-Term Prosperity Act
This omnibus legislation includes changes to a number of relevant statutes, including:
Coasting Trade Act:
Seismic activities are added to the list of activities foreign vessels may undertake without a coasting trade permit.
National Energy Board Act and Canada Oil and Gas Operations Act:
The National Energy Board is now permitted the to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
A number of significant amendments and provisions for further amendments at a date to be set by order in council were enacted to "focus the Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries". The amendments include:
a) An expansion the circumstances and bodies that can grant exceptions to the general prohibition against the destruction of fish (now "killing" of fish), the harmful alteration, disruption or destruction of fish habitat ("HADD") and the deposit of deleterious substances.
b) An expansion and clarification of the powers of fishery inspectors and the creation of duty toself-report a breach of any of prohibitions against killing fish, HADD, and deposit of deleterious substances.
c) Five year limitation period for prosecution of offences under the Act.
d) Other Changes dealing with Federal – Provincial Cooperation and administration of the Act.
Canadian Environmental Protection Act, 1999:
The Minister of the Environment now has authority to renew disposal at sea permits in prescribed circumstances.
Integrated Cross-border Law Enforcement Operations Act is enacted.
The statute contains provisions dealing with the seizure of vessels in Canada or in the U.S.
March 30, 2012 - Vessel Pollution and Dangerous Chemicals Regulations
The Regulations bring the requirements from the previous Regulations for the Prevention of Pollution from Ships and the Dangerous Chemicals and Pollutant Discharge Reporting Regulations, 1995 and Dangerous Goods Shipping Regulations under the framework of the CSA, 2001. The Regulations implement provisions of the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention for the Control of Harmful Antifouling Systems (AFS Convention) and address a variety of categories of pollutants, including oil, noxious liquid substances, harmful substances carried in packaged form, sewage, garbage, air emissions, pollutant substances, and anti-fouling systems.
March 29, 2012 - Financial System Review Act
This enactment amends legislation governing financial institutions. Notable among the amendments are amendments to the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act and the Trust and Loan Companies Act, the Winding-up and Restructuring Act, the Office of the Superintendent of Financial Institutions Act, the Payment Clearing and Settlement Act and the Financial Consumer Agency of Canada Act aimed at reinforcing stability and fine-tuning the consumer-protection framework or making technical amendments to the legislation.
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