Vol. 147, No. 26 — December 18, 2013

Registration

SOR/2013-235 December 6, 2013

CANADA SHIPPING ACT, 2001

MARINE LIABILITY ACT

Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program)

P.C. 2013-1337 December 5, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program) pursuant to

REGULATIONS AMENDING CERTAIN DEPARTMENT OF TRANSPORT REGULATIONS (MISCELLANEOUS PROGRAM)

CANADA SHIPPING ACT, 2001

LIFE SAVING EQUIPMENT REGULATIONS

1. Subsection 17(2) of the Life Saving Equipment Regulations (see footnote 1) is replaced by the following:

(2) If a ship navigates in waters the temperature of which is 15°C or more, the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms that is referred to in paragraph (1)(d) or (3)(b) may be met by counting not more than 33.33 per cent of the complement of the life raft or inflatable rescue platform as being in the water, holding on to the life raft or inflatable rescue platform.

2. Subsection 18(2) of the Regulations is replaced by the following:

(2) If a ship navigates in waters the temperature of which is 15°C or more, the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms that is referred to in paragraph (1)(a) or (3)(b) may be met by counting not more than 33.33 per cent of the complement of the life raft or inflatable rescue platform as being in the water, holding on to the life raft or inflatable rescue platform.

3. Subsection 19(2) of the Regulations is replaced by the following:

(2) If a ship navigates in waters the temperature of which is 15°C or more, the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms that is referred to in paragraph (1)(a) or (3)(b) may be met by counting not more than 33.33 per cent of the complement of the life raft or inflatable rescue platform as being in the water, holding on to the life raft or inflatable rescue platform.

4. Subsection 66(2) of the Regulations is replaced by the following:

(2) If a ship navigates in waters the temperature of which is 15°C or more, the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms that is referred to in paragraph (1)(a) or 67(b) may be met by counting not more than 33.33 per cent of the complement of the life raft or inflatable rescue platform as being in the water, holding on to the life raft or inflatable rescue platform.

5. Subsection 72(2) of the Regulations is replaced by the following:

(2) If a ship navigates in waters the temperature of which is 15°C or more, the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms that is referred to in paragraph (1)(a) or 3(b) may be met by counting not more than 33.33 per cent of the complement of the life raft or inflatable rescue platform as being in the water, holding on to the life raft or inflatable rescue platform.

6. Paragraphs 95(2)(a) to (c) of the Regulations are replaced by the following:

7. Subsection 122(2) of the Regulations is replaced by the following:

(2) Every marking on a buoyant apparatus carried on a ship shall be in English and French. This requirement does not apply in respect of the label required by subsection (1).

8. Paragraph 1(6)(b) of Schedule II to the French version of the Regulations is replaced by the following:

9. Subsections 16(2) and (2.1) of Part II of Schedule IX to the Regulations are replaced by the following:

(2) The launching device of a lifeboat shall be designed to be activated

(2.1) The recovery arrangements of a lifeboat shall be designed to be activated by one person from a position on the ship’s deck and from a position in the lifeboat.

10. Subsections 17(2) and (2.1) of Part II of Schedule IX to the Regulations are replaced by the following:

(2) The launching device of a rescue boat shall be designed to be activated

(2.1) The recovery arrangements of a rescue boat shall be designed to be activated by one person from a position on the ship’s deck and from a position in the rescue boat.

RESPONSE ORGANIZATIONS AND OIL HANDLING FACILITIES REGULATIONS

11. Paragraph 3(2)(n) of the French version of the Response Organizations and Oil Handling Facilities Regulations (see footnote 2) is replaced by the following:

VESSELS REGISTRY FEES TARIFF

12. (1) The portion of items 3 and 4 in the table to section 2 of the French version of the Vessels Registry Fees Tariff (see footnote 3) in column 1 are replaced by the following:

Article

Colonne 1

Services

3.

Traitement d’une demande d’immatriculation d’un bâtiment qui a été immatriculé au Canada, l’a été par la suite à l’extérieur du Canada et est sur le point de l’être de nouveau au Canada et délivrance d’un certificat d’immatriculation

4.

Traitement d’une demande d’enregistrement d’un bâtiment en affrètement coque nue et délivrance d’un certificat d’immatriculation, pour chaque période de six mois

(2) The portion of item 13 in the table to section 2 of the Regulations in column 1 is replaced by the following:

Item

Column 1

Service

13.

For registering a mortgage and entering its discharge in the Register

LOAD LINE REGULATIONS

13. (1) Paragraph (b) of the definition “place” in subsection 1(1) of the Load Line Regulations (see footnote 4) is replaced by the following:

(2) Paragraph (b) of the definition “pont de franc-bord” in subsection 1(1) of the French version of the Regulations is replaced by the following:

14. (1) Paragraph (d) of the definition “West Coast Treaty Zone” in section 2 of the Regulations is replaced by the following:

(2) Paragraph (f) of the definition “West Coast Treaty Zone” in section 2 of the Regulations is replaced by the following:

(3) Subparagraph (a)(iii) of the definition “new vessel” in section 2 of the English version of the Regulations is replaced by the following:

15. (1) Paragraph 3(2)(c) of the French version of the Regulations is replaced by the following:

(2) Subparagraph 3(2)(f)(i) of the French version of the Regulations is replaced by the following:

16. (1) The portion of subsection 5(3) of the Regulations before paragraph (a) is replaced by the following:

(3) On application by the authorized representative of a Canadian vessel that is an existing vessel, the Minister shall issue an International Load Line Certificate to the vessel if

(2) Subparagraph 5(3)(c)(iii) of the Regulations is replaced by the following:

(3) Section 5 of the Regulations is amended by adding the following after subsection (4):

(4.1) On application by the authorized representative of a Canadian vessel that is an existing vessel, the Minister shall issue a Local Load Line Certificate to the vessel if

(4) Paragraph 5(5)(a) of the Regulations is replaced by the following:

17. (1) Paragraph 15(2)(c) of the French version of the Regulations is replaced by the following:

(2) Paragraph 15(2)(d) of the Regulations is repealed.

18. Subparagraph 16(a)(i) of the French version of the Regulations is replaced by the following:

19. (1) The portion of subsection 17(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

17. (1) À la demande du représentant autorisé d’un bâtiment neuf, le ministre délivre au bâtiment un certificat de franc-bord pour les Grands Lacs et les eaux internes du Canada si les exigences suivantes sont respectées :

(2) The portion of subsection 17(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) À la demande du représentant autorisé d’un bâtiment existant, le ministre délivre au bâtiment un certificat de franc-bord pour les Grands Lacs et les eaux internes du Canada si les exigences suivantes sont respectées :

20. The portion of section 18 of the French version of the Regulations before paragraph (a) is replaced by the following:

18. Le représentant autorisé d’un bâtiment titulaire d’un certificat de franc-bord pour les Grands Lacs et les eaux internes du Canada veille à ce :

21. Section 20 of the French version of the Regulations is replaced by the following:

20. Le représentant autorisé d’un bâtiment titulaire d’un certificat de franc-bord pour les Grands Lacs et les eaux internes du Canada veille à ce que celui ci soit encadré et affiché à un endroit bien en vue à bord du bâtiment.

22. (1) Subsection 11(1) of Schedule 1 to the English version of the Regulations is replaced by the following:

11. (1) This section applies in respect of wells that could collect water and are formed by bulwarks on the exposed parts of the freeboard deck or superstructure decks.

(2) Subsection 11(5) of Schedule 1 to the French version of the Regulations is replaced by the following:

(5) Dans le cas d’un bâtiment d’une longueur de plus de 146 m dont la hauteur moyenne du pavois est inférieure à 900 mm, la section des sabords de décharge exigée aux paragraphes (2) et (4) est diminuée de 0,04 m2 par mètre de longueur du puits pour chaque mètre par lequel la hauteur moyenne du pavois est de moins de 900 mm.

23. The portion of paragraph 12(1)(a) of Schedule 1 to the French version of the Regulations before subparagraph (i) is replaced by the following:

24. Subsection 13(7) of Schedule 1 to the English version of the Regulations is replaced by the following:

(7) If an exposed part of a freeboard deck is in way of a trunk, guardrails that meet the requirements of subsection (3) shall be fitted for at least half the length of the exposed part.

25. The descriptions of L/Ds and A in subsection 2(2) of Schedule 2 to the Regulations are replaced by the following:

26. Paragraph 4(3)(e) of Schedule 2 to the English version of the Regulations is replaced by the following:

27. Subsection 9(1) of Schedule 2 to the French version of the Regulations is replaced by the following:

9. (1) Les francs-bords en eau salée applicables aux bâtiments qui se trouvent en eau salée sont déterminés par addition de y millimètres aux francs-bords en eau douce correspondants, y étant égal au déplacement en eau douce à la flottaison en charge d’été, en tonnes métriques, divisé par le produit de la multiplication de 4,1 et du nombre de tonnes métriques par centimètre d’immersion en eau douce à la flottaison en charge d’été.

VESSEL CLEARANCE REGULATIONS

28. Paragraph (b) of the definition “place” in section 1 of the Vessel Clearance Regulations (see footnote 5) is replaced by the following:

29. Subparagraph 4(1)(a)(i) of the French version of the Regulations is replaced by the following:

ENVIRONMENTAL RESPONSE ARRANGEMENTS REGULATIONS

30. The definition “gas carrier” in section 1 of the Environmental Response Arrangements Regulations (see footnote 6) is replaced by the following:

FIRE AND BOAT DRILLS REGULATIONS

31. Paragraph 7(1)(f) of English version of the Fire and Boat Drills Regulations (see footnote 7) is replaced by the following:

SMALL VESSEL REGULATIONS

32. Paragraph 222(3)(c) of the English version of the Small Vessel Regulations (see footnote 8) is replaced by the following:

33. Paragraph 416(c) of the English version of the Regulations is replaced by the following:

34. Paragraph 810(a) of the Regulations is replaced by the following:

LONG-RANGE IDENTIFICATION AND TRACKING OF VESSELS REGULATIONS

35. Paragraph 7(3)(a) of the English version of the Long-Range Identification and Tracking of Vessels Regulations (see footnote 9) is replaced by the following:

36. Paragraph 8(3)(a) of the English version of the Regulations is replaced by the following:

VESSEL POLLUTION AND DANGEROUS CHEMICALS REGULATIONS

37. Paragraphs 111(1)(g) to (i) of the French version of the Vessel Pollution and Dangerous Chemicals Regulations (see footnote 10) are replaced by the following:

MARINE LIABILITY ACT

MARINE LIABILITY REGULATIONS

38. The definitions “associated person” and “person” in section 1 of the Marine Liability Regulations (see footnote 11) are repealed.

39. Subsection 3(2) of the Regulations is replaced by the following:

(2) Any person who receives oil in a calendar year shall file with the Minister no later than February 28 of the following calendar year an information return in respect of the oil if

COMING INTO FORCE

40. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) reviews matters of legality and the procedural aspects of federal regulations. The SJCSR reviewed the regulations listed below and noted some inconsistencies between the English and French versions. In response to comments, concerns and recommendations made by the SJCSR, the Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program) amend the following regulations made under the Canada Shipping Act, 2001:

and amend the following Regulations made under the Marine Liability Act:

As well, three minor amendments have been made to the Small Vessel Regulations. These errors were identified after the publication of the Small Vessel Regulations (SOR/2010-91) in Part II of the Canada Gazette on May 12, 2010. Three minor errors in the French version of the Vessel Pollution and Dangerous Chemicals Regulations are also being addressed. These errors were identified after the publication of the Regulations Amending the Vessel Pollution and Dangerous Chemicals Regulations (SOR/2013-68) in Part II of the Canada Gazette on May 8, 2013.

Objectives

The objective of the Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program) is to ensure that all language in the regulations is consistent in both official languages and to respond to comments, concerns and recommendations made by the SJCSR concerning certain regulations made under the Canada Shipping Act, 2001 as well as the Marine Liability Regulations made under the Marine Liability Act.

Minor errors in the Small Vessel Regulations and the Vessel Pollution and Dangerous Chemicals Regulations are also being addressed at this time.

Description

In response to comments, concerns and recommendations made by the SJCSR, the English version(s) of the following regulations are being revised to match the French version(s):

As well, the French version(s) of the following Regulations are being revised to match the English version(s):

In addition to the English and French language amendments noted above, additional minor changes have been made to the following regulations:

Life Saving Equipment Regulations (C.R.C., c. 1436, as amended by SOR/2001-179 and SOR/2006-256)
Subsections 17(2), 18(2), 19(2) and 66(2)

As noted by the SJCSR, subsections 17(2) and 66(2) refer to “the requirement in respect of the accommodation capacity of the life rafts or inflatable rescue platforms” without referencing the specific provisions of the Regulations that address the requirement. In contrast, similar requirements found in subsections 18(2), 19(2) and section 67 identify the provisions of the Regulations that address the requirements for accommodation capacity to which they refer. In response to SJCSR concerns and to ensure consistency in drafting and language, subsections 17(2), 18(2), 19(2) and 66(2) are amended to effectively use cross-references where applicable and to ensure the wording used in these provisions is consistent.

Section 95

As noted by the SJCSR, paragraphs 95(1)(a) and (b) place the qualifying condition at the beginning of their respective provisions, while the corresponding paragraphs in subsection 95(2) place the condition towards the end. In response to SJCSR concerns, paragraphs 95(2)(a) to (c) are amended.

Subsection 122(2)

As noted by the SJCSR, subsection 122(2) states that “Every marking on a buoyant apparatus carried on a ship shall be in English and French.” In response to SJCSR concerns, this subsection is amended to clarify this provision and reflect the fact that this requirement does not apply to United States Coast Guard labels.

Schedule IX, Part 2, paragraph 16(2)(b), subsection 16(2.1), paragraph 17(2)(b) and subsection 17(2.1)

As noted by the SJCSR, each of these provisions requires either a launching device or recovery arrangements for a lifeboat or rescue boat to be designed to be activated by one person from a position on the ship’s deck and one person from a position in the boat. In response to the recommendation to confirm the number of persons required, subsections 16(2), 16(2.1), 17(2) and 17(2.1) are amended to expressly state the number of required persons.

Vessels Registry Fees Tariff (SOR/2002-172, as amended by SOR/2007-100)
Item 13 of the table to section 2

In response to SJCSR concerns, this item is amended to clarify the wording of this provision.

Load Line Regulations (SOR/2007-99)
Subsection 1(1), definition of “place,” paragraph (b)

As noted by the SJCSR, the term “place” is defined to mean a port or “a marine installation or vessel that is used for loading or unloading vessels.” The term “marine installation,” however, is not defined in the Regulations or in the Canada Shipping Act, 2001. In response to SJCSR concerns, the definition of “place” is amended to use the ordinary meaning of “place” in the context of loading or unloading vessels.

Section 2, definition of “West Coast Treaty Zone,” paragraphs (d) and (f)

The English and French provisions are amended to reflect the correct spelling of “Chichagof.”

Section 5

As noted by the SJCSR, section 5 sets out the conditions for the issuances of International Load Line Certificates and Local Load Line Certificates to Canadian vessels that are new vessels and existing vessels. However, the Regulations do not clearly explain the difference between the two certificates.

An applicant for a Load Line Certificate will determine which certificate to apply for based on the types of voyages that the applicable vessel is expected to engage in. Section 5 of the Regulations is amended to differentiate between the two certificates, so that it is clear how it is determined which certificate the applicant should apply for and whether an International Load Line Certificate or a Local Load Line Certificate should be issued.

Subparagraph 5(3)(c)(iii)

As noted by the SJCSR, the reference to Part IV of Schedule I to the Rules in this provision should instead be to Part V and the provision is amended to reflect this.

Paragraph 15(2)(d)

As noted by the SJCSR, as a result of the definition of “new vessel” in subsection 14(1), a vessel that is less than 24 metres in length cannot be a “new vessel” for the purpose of Part 2 of the Regulations. In response to SJCSR concerns, paragraph 15(2)(d) is deleted.

Schedule 2, subsection 2(2), descriptions of “L/Ds” and “A”

As noted by the SJCSR, the relevant portion of subsection 2(2) describing “L/Ds” and “A” refers to column 2 when in fact, reference should be made to column 1. In response to SJCSR concerns, subsection 2(2) is amended so the references to lengths set out in column 2 are changed to lengths set out in column 1.

Vessel Clearance Regulations (SOR/2007-125)
Subsection 1(1), definition of “place,” paragraph (b)

As is the case with the amendment to the definition of “place” in the Load Line Regulations noted above, the definition of “place” is amended to use the ordinary meaning of “place” in the context of loading or unloading vessels.

Environmental Response Arrangements Regulations (SOR/2008-275)
Section 1, definition of “gas carrier”

As noted by the SJCSR, the definition of “gas carrier” stipulates that the vessel must be designed and used for the carriage in bulk of liquefied gas. On the other hand, to be an “oil tanker” within the meaning of the Regulations, the vessel must carry oil in bulk. The SJCSR questioned the intent of the Regulations by proposing the possible situation of a vessel that was constructed or adapted to carry liquefied gas in bulk, but has never been used for this purpose and instead carries oil. Their conclusion was that according to the two definitions, this vessel would not fall under either definition. In response to SJCSR concerns, the definition of “gas carrier” is amended to remove the phrase “and that is used” from the definition in order to clarify the intent of the relevant provisions.

Marine Liability Regulations (SOR/2002-307)
Section 1, definition of “associated person”

As noted by the SJCSR, the Marine Liability Regulations defined the term “associated person,” a term that was already defined in the Marine Liability Act. The two definitions are not the same and, in the SJCSR’s opinion, the definition in the Regulations could be considered to be an attempt to modify the Marine Liability Act itself. In response to SJCSR concerns, the definition of “associated person” in the Regulations is being repealed.

Section 1, definition of “person” and subsection 3(2)

Subsection 3(2) of the Regulations imposed a requirement to file information returns on “a person who received oil.” As noted by the SJCSR, the attempt to extend this requirement to entities other than legal and natural persons through the definition of “person” in section 1 of the Regulations was problematic, as the Act used the term “person” in the regulation-making provisions and the term “any person” in the offence provisions. The SJCSR indicated that these terms are limited to natural and legal persons and as a result, the Regulations could not extend the requirement to file information returns to entities other than natural and legal persons. In response to SJCSR concerns, the definition of “person” in the Regulations is being repealed and subsection 3(2) is being amended to replace “a person” with “any person.”

As previously mentioned, minor errors in the Small Vessel Regulations and the Vessel Pollution and Dangerous Chemicals Regulations are also being addressed at this time, as described below:

Small Vessel Regulations (SOR/2010-91)
Paragraph 222(3)(c)

The reference to “canoe or kayak” in the English version of this provision is incorrect and the provision is amended to replace it with the correct term of “rowing shell.”

Paragraph 416(c)

Paragraph 416(c) in the English version of the Regulations incorrectly refers to section 512 of the Regulations and the provision is amended to correctly refer to section 414.

Paragraph 810(a)

The English and French versions of paragraph 810(a) incorrectly state the prohibition as well as express the prohibition differently in the two language versions. The provision is being amended to clarify when the prohibition relating to removing a compliance notice or a builder’s plate applies to all vessels or is specific to a personal watercraft.

Vessel Pollution and Dangerous Chemicals Regulations (SOR/2013-68)
Paragraphs 111(1)(g), (h) and (i)

In order to ensure consistency between the English and French versions, the French version of these provisions is being amended to indicate two digits after each decimal point.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs for small business.

Consultation

As the amendments to the regulations are considered to be minor and administrative in nature, it was determined that formal consultations were not necessary.

Rationale

The amendments are editorial in nature and will ensure clarity of language by removing discrepancies between the English and French versions, improving the consistency of the regulations, and correcting minor errors.

Implementation, enforcement and service standards

The amendments are minor and do not make any substantive changes to any of the provisions identified. As these amendments are administrative in nature, there is no enforcement plan required and, as a result, the proposed amendments will not affect Transport Canada’s current enforcement activities.

Contact

Tia M. McEwan
Manager
Regulatory Affairs (AMSXR)
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-5352
Fax: 613-991-5670
Email: tia.mcewan@tc.gc.ca