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2013 Legal News


December 6, 2013 - Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program)

In response to comments, concerns and recommendations made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) the following regulations under the Canada Shipping Act, 2001 were amended to ensure consistency between the English and French version and make clarifications and editorial changes as required: Life Saving Equipment Regulations; Response Organizations and Oil Handling Facilities Regulations; Vessels Registry Fees Tariff; Load Line Regulations; Vessel Clearance Regulations; Environmental Response Arrangements Regulations; Fire and Boat Drills Regulations; Long-Range Identification and Tracking of Vessels Regulations; Small Vessel Regulations; and Vessel Pollution and Dangerous Chemicals Regulations. In addition, the Marine Liability Regulations under the Marine Liability Act were also amended.


December 6, 2013 - Competency of Operators of Pleasure Craft Regulations

The Regulations are amended to provide editorial changes and clarity. Most significantly, a new schedule to the Regulations is added to clearly list the certificates of competency, training certificates, endorsements and other equivalencies recognized as proof of competency under the Regulations. In addition, the provisions related to definition of “enforcement officer” their powers are repealed since these were already found in the Canada Shipping Act, 2001.


October 25, 2013 - Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations

The Regulations set out the requirements regarding the information and documentation for all applications for authorizations under paragraph 35(2)(b) of the Fisheries Act to carry out an activity that results in "serious harm to fish"; and establish procedural requirements and time limits for the processing of applications for authorizations. The new sub-section 35(1) of the Fisheries Act prohibiting "serious harm to fish" (See June 29, 2012 - Jobs, Growth and Long-Term Prosperity Act amendments to Fisheries Act will come into force on November 25, 2013)


October 9, 2013 – Regulations Amending the Passenger Information (Customs) Regulations

The Regulations under the Customs Act require all commercial carriers, charterers and/or their agents, travel agents, and owners and operators of a reservation system to provide specific information to the Canada Border Services Agency (CBSA) for all persons on board a commercial conveyance prior to its arrival in Canada from foreign points of origin. Section 4 of the Regulations prescribes how this information is to be provided. The Regulations have been amended to correct consistencies in the English and French wording.


June 18, 2013 and July 3, 2013 - Administrative Monetary Penalties Regulations for the  Canadian Nuclear Safety Commission (CNSC) and National Energy Board (NEB)

Administrative Monetary Penalty (AMP) Regulations are being introduced to strengthen and increase compliance with the Nuclear Safety and Control Act and the National Energy Board Act and their regulations. The AMP Regulations set out the list of violations that will be subject to AMPs under each Act, the method and criteria by which the penalty amounts will be determined, and the manner in which notices of violations must be served for legal purposes.


April 27, 2013 - Ship-source Oil Pollution Fund

The maximum aggregate liability of the Ship-source Oil Pollution Fund in respect of any particular occurrence during the fiscal year commencing April 1, 2013, has been fixed at $161,293,660.


April 18, 2013 - Vessel Pollution and Dangerous Chemicals Regulations (Amendments)

Implementation of MARPOL Annex VI and North American Emission Control Area (ECA)

The Regulations implement the new standards set out in Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) to reduce air pollution and greenhouse gas emissions from vessels, including sulphur and nitrogen oxides.  More stringent standards also apply within Canada’s portion of the North American Emission Control Area (ECA) that was adopted by the International Maritime Organization on March 26, 2010. The Regulations apply to vessels over 400 gross tons operating in Canada and its EEZ, and to Canadian vessels operating overseas. To bring ECA standards to inland waters, the Regulations set a fleet averaging approach to control sulphur oxide emissions from Canadian vessels operating in the Great Lakes and St. Lawrence waters.


Implementation of the Energy Efficient Design Index (EEDI) for new vessels and International Energy Efficiency (IEE) Certificate for all vessels.


Smaller marine diesel engines with displacements of 7 litres or more per cylinder and under 30 litres per cylinder installed on after January 1, 2016, will need to be certified to meet either the U.S. Category 2 standards, or an equivalent international standard such as those in Europe.


New requirements concerning ship-to-ship (STS) transfer of oil at sea

Oil tankers of 150 gross tonnage or more are required to keep on board an STS operations Plan, if they are not alongside a wharf or quay and are engaged with another oil tanker in a transfer operation involving oil or an oily mixture in bulk. For Canadian tankers, the owner or operator is required to ensure that the Plan is implemented. For foreign tankers, this requirement is the responsibility of the master.


Implementation of standards for greywater discharge

Discharges of greywater from a vessel in waters under Canadian jurisdiction other than arctic waters must not result in the deposit of solids or cause any sheen on the water.


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