Vol. 150, No. 8 — April 20, 2016
Registration
SOR/2016-66 March 29, 2016
CANADA MARINE ACT
Regulations Amending the Port Authorities Management Regulations and the Port Authorities Operations Regulations
P.C. 2016-165 March 24, 2016
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 27(1) (see footnote a) and 62(1) (see footnote b) of the Canada Marine Act (see footnote c), makes the annexed Regulations Amending the Port Authorities Management Regulations and the Port Authorities Operations Regulations.
Regulations Amending the Port Authorities Management Regulations and the Port Authorities Operations Regulations
Port Authorities Management Regulations
1 Section 50 of the Port Authorities Management Regulations (see footnote 1) is replaced by the following:
50 The auditor of a port authority shall prepare the report referred to in paragraph 40(2)(b) in accordance with generally accepted auditing standards as set out in the CPA Canada Handbook, as amended from time to time.
Port Authorities Operations Regulations
2 Part 2 of Schedule 1 to the Port Authorities Operations Regulations (see footnote 2) is repealed.
3 Part 6 of Schedule 1 to the Regulations is repealed.
4 The heading of Part 17 of Schedule 1 to the Regulations is replaced by the following:
Vancouver Fraser Port
5 The portion of item 2 of Part 17 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:
| Item |
Column 2 |
Column 3 |
|---|---|---|
2 |
X |
6 The portion of item 5 of Part 17 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:
| Item |
Column 2 |
Column 3 |
|---|---|---|
5 |
X |
7 Part 17 of Schedule 1 to the Regulations is amended by adding the following after item 6:
| Item |
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|---|
6.1 |
carrying out an oil transfer operation — other than a cargo operation — a chemical transfer operation or a liquefied gas transfer operation between ships |
X |
8 The portion of items 11 and 12 of Part 17 of Schedule 1 to the Regulations in column 1 is replaced by the following:
| Item |
Column 1 |
|---|---|
11 |
placing, altering, removing, relocating or operating an aid to navigation, buoy, mooring, float, picket, mark, sign, light, or day marker |
12 |
casting adrift a ship or other object |
9 Part 17 of Schedule 1 to the Regulations is amended by adding the following after item 13:
| Item |
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|---|
13.1 |
depositing or moving landfill or other material |
X |
10 The portion of item 19 of Part 17 of Schedule 1 to the Regulations in columns 2 and 3 is replaced by the following:
| Item |
Column 2 |
Column 3 |
|---|---|---|
19 |
X |
11 The portion of item 20 of Part 17 of Schedule 1 to the Regulations in column 1 is replaced by the following:
| Item |
Column 1 |
|---|---|
20 |
engaging in any form of provisioning of ships’ stores, including chandlering and solicitation |
12 The portion of paragraph 21(b) of Part 17 of Schedule 1 to the Regulations in columns 3 and 4 is replaced by the following:
| Item |
Column 3 |
Column 4 |
|---|---|---|
21(b) |
X |
13 Schedule 2 to the Regulations is amended by replacing “Vancouver Port Authority” with “Vancouver Fraser Port Authority”.
Coming Into Force
14 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.)
Issues
Port Authorities Management Regulations
Under section 50 of the Port Authorities Management Regulations, the reference to the Canadian Institute of Chartered Accountants Handbook was inaccurate, as it has been renamed following organizational changes in the Canadian accounting profession. Section 50 of the Port Authorities Management Regulations is amended to reflect the name change of the title of the accounting handbook.
Port Authorities Operations Regulations
The title of the Vancouver Fraser Port was not included in Part 17 of Schedule 1 (Activity List) to the Port Authorities Operations Regulations. The title of the Vancouver Fraser Port is therefore added to Part 17 of Schedule 1 (Activity List) for the purpose of clarifying its name, activities and operational requirements.
As well, prior to these amendments, the activity lists of the Canada port authorities that were amalgamated to become the Vancouver Fraser Port Authority (the Fraser River Port Authority, the North Fraser Port Authority and the Vancouver Port Authority) were included in Schedule 1 to the Port Authorities Operations Regulations. The Fraser River Port, the North Fraser Port and the Vancouver Port lists are therefore removed from Schedule 1 as these entities no longer exist. Further, the Activity List in Schedule 1 of the Vancouver Port Authority is amended to reflect the correct name of the port and their operations.
Furthermore, the Vancouver Fraser Port Authority was not listed in Schedule 2 of the Port Authorities Operations Regulations. These amendments add the Vancouver Fraser Port Authority to Schedule 2 for the purpose of clarifying that the Navigable Waters Protection Act does not apply to it, and remove its previous name from Schedule 2 (the Vancouver Port Authority). The Vancouver Port Authority is therefore removed from Schedule 2, as this entity no longer exists.
Background
Proposed amendments to section 50 of the Port Authorities Management Regulations
As of October 1, 2014, the Canadian accounting profession underwent a period of transition whereby Canada’s chartered accountants, certified general accountants and certified management accountants unified under the chartered professional accountant (CPA) umbrella. As part of this unification process, the Canadian Institute of Chartered Accountants Handbook has been renamed the “CPA Canada Handbook.” As a result, the reference to the Canadian Institute of Chartered Accountants Handbook in section 50 is no longer accurate.
Amendments to Schedules 1 and 2 of the Port Authorities Operations Regulations
The Vancouver Port Authority, the Fraser River Port Authority and the North Fraser Port Authority were amalgamated to form the Vancouver Fraser Port Authority in 2008.
Schedule 1 of the Port Authorities Operations Regulations contains activity lists for each of the ports and sets out activities by port users that are either prohibited or require authorization by the port to carry out. Schedule 2 of the Port Authorities Operations Regulations lists the port authorities to which the Navigable Waters Protection Act does not apply.
Including the Vancouver Fraser Port, like all Canadian ports, in Schedule 1 to the Port Authorities Operations Regulations, makes public the requirement for port users to obtain authorization from a port authority for the listed activities (through a sign or a person), the rules concerning general safety matters, the responsibility of port authorities in mitigating adverse results that stem from their activities and operational matters related to ships and cargo. Including the Vancouver Fraser Port Authority in Schedule 2 of the Port Authority Operations Regulations clarifies that the Navigable Waters Protection Act does not apply.
Objectives
The objective of the regulatory amendments is to update the Schedules 1 and 2 of the Port Authority Operations Regulations to reflect the amalgamation of the three former west coast port authorities (the Fraser River Port Authority, the North Fraser Port Authority and the Vancouver Port Authority) and amend section 50 of the Port Authorities Management Regulations to account for the title change to the Canadian Institute of Chartered Accountants Handbook.
Description
Amendments to section 50 of the Port Authorities Management Regulations
- The amendments delete the reference to the Canadian Institute of Chartered Accountants Handbook under section 50 of the Port Authorities Management Regulations and replace it with “CPA Canada Handbook.”
Amendments to Schedules 1 and 2 of the Port Authorities Operations Regulations
The amendments
- delete the activity lists of the Fraser River Port (Part 2), and the North Fraser Port (Part 6) to Schedule 1, as they no longer exist;
- update and replace the title of “Vancouver Port” with the “Vancouver Fraser Port” in Part 17 of Schedule 1 (Activity List) to the Port Authorities Operations Regulations; and
- delete the reference to the “Vancouver Port Authority” and add the title “Vancouver Fraser Port Authority” to Schedule 2 of the Port Authorities Operations Regulations.
Consultation
Transport Canada consulted the management of the Vancouver Fraser Port Authority with respect to the proposed amendments to Schedules 1 and 2 of the Port Authorities Operations Regulations relating to the proposed activity list for the port.
The Association of Canadian Port Authorities was also notified of the title change to the Canadian Institute of Chartered Accountants Handbook, and it was conveyed to all the Canadian port authorities.
“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 to small business.
Rationale
The amendment aligns the Vancouver Fraser Port Authority under the same legal framework as all other Canadian port authorities, with respect to clarifying its obligations under the Port Authorities Operations Regulations, in particular to its ability to set and enforce requirements concerning navigable waters as well as works and activities of the properties managed, held or occupied by the port authority. The amendment to Schedule 2 of the Port Authorities Operations Regulations makes the Vancouver Fraser Port Authority exempt from the Navigable Waters Protection Act and subjects the port to certain related provisions of the Regulations regarding the impact of its projects within its navigable waters.
In addition, the amendment to section 50 of the Port Authorities Management Regulations references the correct accounting handbook.
Contact
Frank Cosentino
Director
Ports Policy
Transport Canada
Place de Ville, Tower C, 25th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Fax: 613-998-1845
Email: frank.cosentino@tc.gc.ca
- Footnote a
S.C. 2008, c. 21, s. 16 - Footnote b
S.C. 2008, c. 21, s. 34 - Footnote c
S.C. 1998, c. 10 - Footnote 1
SOR/99-101 - Footnote 2
SOR/2000-55