Vol. 133, No. 45 — November 6, 1999

Order Repealing Certain Orders Made under the Canada Shipping Act (Miscellaneous Program)

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Port Authorities Operations Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 48 (see footnote a) of the Canada Shipping Act, to make the annexed Order Repealing Certain Orders Made under the Canada Shipping Act (Miscellaneous Program).

Interested persons may make representations with respect to the proposed Order to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Ms. Carrie Hunter, Director, Legislation and Regulations, Marine Safety (AMSR), Transport Canada, Place de Ville, Tower C, 11^th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3130; fax: (613) 991-5670)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

ORDER REPEALING CERTAIN ORDERS MADE UNDER THE CANADA SHIPPING ACT (MISCELLANEOUS PROGRAM)

REPEALS

1. The Pleasure Yachts Marking Order(see footnote 1) is repealed.

2. The Small Fishing Vessels Draught Marks Exemption Order(see footnote 2) is repealed.

COMING INTO FORCE

3. This Order comes into force on January 31, 2000.

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Regulations Amending the Small Vessel Regulations

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Port Authorities Operations Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 108 of the Canada Shipping Act, to make the annexed Regulations Amending the Small Vessel Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport and the Minister of Fisheries and Oceans within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Ms. Carrie Hunter, Director, Legislation and Regulations (AMSR), Marine Safety, Department of Transport, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3130; fax: (613) 991-5670)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE SMALL VESSEL REGULATIONS

AMENDMENTS

1. Paragraph 7(1)(a) of the Small Vessel Regulations(see footnote 3) is replaced by the following:

(a) does not exceed 15 tons; and

2. Subsections 9(2) to (4)(see footnote 4) of the Regulations are replaced by the following:

(2) The tonnage of a vessel of 12 m in length or less is determined in accordance with column II or III of Schedule I.

3. Schedule I(see footnote 5) to the Regulations is replaced by the following:

SCHEDULE I
(Subsection 9(2))

Item	Column I Length Overall	Column II Gross Tonnage	Column III Net Tonnage
1.	Less than 8 m	4.60	2.30
2.	8 m or more but less than 8.5 m	5.00	2.53
3.	8.5 m or more but less than 9 m	6.00	3.01
4.	9 m or more but less than 9.5 m	7.00	3.56
5.	9.5 m or more but less than 10 m	8.00	4.17
6.	10 m or more but less than 10.5 m	9.50	4.85
7.	10.5 m or more but less than 11 m	11.00	5.59
8.	11 m or more but less than 11.5 m	12.50	6.41
9.	11.5 m or more but less than 12 m	14.50	7.30
10.	Equal to 12 m	15.00	7.78

COMING INTO FORCE

4. These Regulations come into force on January 31, 2000.

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Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Port Authorities Operations Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to subsection 6(2) (see footnote b) of the Canada Shipping Act, to make the annexed Regulations Excluding Certain Government Ships from the Application of the Canada Shipping Act.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Ms. Carrie Hunter, Director, Legislation and Regulations, Marine Safety (AMSR), Transport Canada, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3130; fax: (613) 991-5670)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS EXCLUDING CERTAIN GOVERNMENT SHIPS FROM THE APPLICATION OF THE CANADA SHIPPING ACT

INTERPRETATION

1. In these Regulations, "Canadian Coast Guard Ship" means a ship that is entrusted for management or operation to the Department of Fisheries and Oceans.

EXCLUSION FROM THE APPLICATION OF THE ACT

2. The following provisions of the Canada Shipping Act do not apply to Canadian Coast Guard ships:

(a) section 110 (regulations respecting certification of masters and seamen);

(b) section 130 (production of certificates);

(c) section 231 (regulations respecting crew accommodation);

(d) section 232 (regulations giving effect to international labour conventions);

(e) section 274 (leaving port in default); and

(f) sections 389 and 390 (regulations respecting dangerous goods), in so far as they relate to the carriage of aviation fuel.

COMING INTO FORCE

3. These Regulations come into force on January 31, 2000.

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Regulations Repealing Certain Regulations Made under the Canada Shipping Act (Miscellaneous Program)

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Port Authorities Operations Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 48 (see footnote c) of the Canada Shipping Act, to make the annexed Regulations Repealing Certain Regulations Made under the Canada Shipping Act (Miscellaneous Program).

Interested persons may make representations with respect to the proposed regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Ms. Carrie Hunter, Director, Legislation and Regulations, Marine Safety (AMSR), Transport Canada, Place de Ville, Tower C, 11^th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3130; fax: (613) 991-5670)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS REPEALING CERTAIN REGULATIONS MADE UNDER THE CANADA SHIPPING ACT (MISCELLANEOUS PROGRAM)

REPEALS

1. The Registration of Government Ships Regulations(see footnote 6) are repealed.

2. The Ship's Draught Marks Exemption Order(see footnote 7) is repealed.

3. The Ships' Names Registration Regulations(see footnote 8) are repealed.

4. The Ships Registration Forms Regulations(see footnote 9) are repealed.

COMING INTO FORCE

5. These Regulations come into force on January 31, 2000.

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Ship Registration and Tonnage Regulations

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This initiative introduces new Ship Registration and Tonnage Regulations (includes the repeal of the existing Tonnage Regulations), Regulations excluding certain Government Ships from the application of the Canada Shipping Act, Regulations amending the Small Vessel Regulations, Regulations Repealing Certain Regulations Made under the Canada Shipping Act (includes Ships Registration Forms Regulations, Ships' Names Registration Regulations, Registration of Government Ships Regulations and Ships Draught Marks Exemption Order), and Orders Repealing Certain Orders Made under the Canada Shipping Act (includes Pleasure Yachts Marking Order and Small Fishing Vessels Draught Marks Exemption Order).

This initiative concerns ship ownership, registration and tonnage measurement and is consequential to the overhaul of the Canada Shipping Act (CSA) and recent Part I legislative changes given Royal Assent on June 11, 1998. The overhaul of the CSA has been undertaken to reduce the prescriptive nature of the Act, update its existing terminology and to reflect technological advances. As well, a number of detailed provisions formerly found within the CSA itself, are more appropriately being placed into the new Ship Registration and Tonnage Regulations.

This initiative reduces the regulatory burden previously imposed by the CSA and the various prescriptive and redundant Regulations. This consolidation better achieves program objectives and compliance with Treasury Board guidelines and is not judged to impact negatively on the ability of the Government to achieve Year 2000 compliance.

The CSA provides for one ship registry system in Canada managed by the Chief Registrar and appointed Registrars. The new Ship Registration and Tonnage Regulations describe new authorities for the Chief Registrar. For example, the Chief Registrar will now notify owners of registered vessels prior to expiration of their registration, as there will now be an expiry date where one did not exist before. The Chief Registrar is obliged to take reasonable steps to contact owners within the last month prior to expiration and the Chief Registrar can now suspend a vessel from the Registry 90 days after expiration. The Chief Registrar is also authorized to reinstate registration of a vessel that has been removed, and finally, also has the authority to cancel registration of a ship where requested by the registered owner.

In order to keep the Canadian register current, ship owners are required to renew their registration every two years.

Details describing what constitutes acceptable proof of ownership and what documents are acceptable as evidence in Court will appear in guidelines. As well, electronic submission of this information will now be acceptable. The level of detail surrounding this process is appropriate for guidelines and does not belong in legislation and regulation where it is currently found.

The Tonnage Regulations are repealed and certain provisions moved into the new Ship Registration and Tonnage Regulations are streamlined and updated to reflect modern Canadian practices for establishing ship's tonnage measurement. All of the technical detail is moved into a new technical standard, TP (Transport Publication) 13430, that is incorporated by reference in the new Regulations. TP 13430 replaces the current TP 12234 for new vessel measurement.

The Ships Registration Forms Regulations are repealed and the schedule containing prescribed forms has also been moved into an administrative TP.

The Pleasure Yachts Marking Order is repealed and details are now found in an administrative TP document issued by the Chief Registrar.

The detail contained in the other mentioned Orders and Regulations is moved into guidelines.

One major change to the CSA is that it will become binding on Her Majesty in right of Canada or a province. Although the Registration of Government Ships Regulations exempted government vessels from certain legislative requirements, departments have chosen to voluntarily comply in the interests of maintaining safety. As a result, the Registration of Government Ship Regulations are repealed with only certain exemptions continued in the new Regulations excluding certain Government Ships from the application of the Canada Shipping Act. For example, Canadian Coast Guard crews continue to be exempt from Transport Canada certification requirements as the Canadian Coast Guard administers an independent certification scheme through the Coast Guard College.

The minor consequential amendment to the Small Vessel Regulations is to match tonnage provisions with those in the new Ship Registration and Tonnage Regulations.

Alternatives

The existing regulatory provisions are outdated or, in certain cases, cannot remain in effect in their current form with proclamation into force of the new CSA Part I. This initiative reduces the regulatory burden and the confusion caused by the number of, and technical detail, found within existing Regulations.

Benefits and Costs

No new fees are proposed. Existing services for which fees apply will continue. As this exercise involves the modernization, streamlining and reorganization of existing legislation and regulations, there are no new associated costs, but benefits achieved by these proposals include increased ease of reference and accessibility to a less costly amendment process through the use of administratively controlled documents.

Consultation

Extensive consultation concerning the overhaul of the CSA legislation has taken place with industry. Detailed information concerning the consultative process and reform of the CSA can be found on the Transport Canada Web site or can be obtained by contacting the Marine Safety Branch at the number listed below. Throughout the consultative process, explanation of intent concerning the legislation and regulations was made well known. Members at national CMAC (Canadian Marine Advisory Council) meetings were also briefed at the May and November meetings and invited to comment on this initiative. The changes to the existing regime have received broad support, as current legal provisions are considered antiquated and overly prescriptive.

Compliance and Enforcement

Existing compliance and enforcement requirements will remain unchanged.

Contact

Carrie Hunter, AMSR, Director, Legislation and Regulations, Marine Safety, Transport Canada, Tower C, Place de Ville, Ottawa, Ontario K1A 0N8, (613) 991-3130 (Telephone), (613) 991-5670 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 48 (see footnote d) of the Canada Shipping Act, to make the annexed Ship Registration and Tonnage Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Ms. Carrie Hunter, Director, Legislation and Regulations, Marine Safety (AMSR), Transport Canada, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3130; fax: (613) 991-5670)

Ottawa, October 28, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

SHIP REGISTRATION AND TONNAGE REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act" means the Canada Shipping Act. (Loi)

"International Tonnage Certificate (1969)" means

(a) for a Canadian ship, a certificate issued under subsection 13(5) or section 15, 18 or 19; and

(b) for a non-Canadian ship, a certificate issued under subsection 21(2) or under Article 7 of the 1969 Convention. (certificat international de jauge (1969))

"1969 Convention" means the International Convention on Tonnage Measurement of Ships, 1969, established and published by the International Maritime Organization, as amended from time to time. (Convention de 1969)

"TP 13430" means Standard for the Tonnage Measurement of Ships, published by the Department of Transport, as amended from time to time. (TP 13430)

NON-APPLICATION OF THE REGULATIONS

2. These Regulations do not apply in respect of

(a) a non-Canadian ship that, because of bad weather or any other cause of force majeure, is obliged to deviate from its intended voyage and seek temporary refuge in Canadian waters;

(b) a ship that is not required to be registered under subsection 16(1) of the Act, and that, although entitled to be registered under Part I of the Act, is not so registered; or

(c) a ship that is licensed by a foreign government and that conforms to standards that are substantially equivalent to standards imposed by the regulations made under section 108 of the Act.

PART 1

REGISTRATION

Renewal of Registration

3. (1) An application for the renewal of the registration of a ship must be made in the form and manner and include the information and be accompanied by the documents specified by the Chief Registrar.

(2) The Chief Registrar must, not less than 30 days before the expiry of the period during which the certificate of registry of a ship is valid, notify the person set out in the Register as the owner of the ship or their authorized representative that the information and documents referred to in subsection (1) must be provided to the Chief Registrar.

Suspension of Registration

4. The Chief Registrar must suspend the registration of a ship if the Chief Registrar has not received the information and documents referred to in subsection 3(1) before the expiry of the period during which the certificate of registry of the ship was valid.

Reinstatement of Registration

5. The Chief Registrar must reinstate the registration of a ship if the Chief Registrar receives the information and documents referred to in subsection 3(1) within six months after the expiry of the period during which the certificate of registry of the ship was valid.

Cancellation of Registration

6. The Chief Registrar must cancel the registration of a ship if the Chief Registrar does not receive the information and documents referred to in subsection 3(1) within six months after the expiry of the period during which the certificate of registry of the ship was valid.

Notifying Chief Registrar

7. A notification required under section 28 of the Act shall be in writing.

Notice of Change in Ownership

8. The Chief Registrar must, under paragraph 30(3)(a) of the Act, give notice of a change in ownership of a Canadian ship to the owners and registered mortgagees not less than 30 days before cancelling its registration under paragraph 30(2)(b) of the Act.

Prescribed Period for Subsection 30(4) of the Act

9. For the purposes of subsection 30(4) of the Act, the prescribed period within which a person who acquires a ship or a share in a ship must provide evidence that satisfies the Chief Registrar that the ship is required or entitled to be registered under Part I of the Act is 30 days after the day on which the person acquires the ship or share in the ship.

Evidence That a Ship Is No Longer Registered in a Foreign Country

10. The owner of a ship previously registered in a foreign country but no longer registered in the foreign country shall provide evidence in the form of an original or true copy of a written document, such as a deletion certificate or an abstract or transcript of registry, that establishes that the ship is no longer registered in the foreign country and that the foreign register records the ship as being free and clear of all encumbrances.

PART 2

TONNAGE

Interpretation

11. In this Part, "length", in respect of a ship, means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that is greater. In ships designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline.

Prohibition

12. No ship registered under the Act shall navigate in Canadian waters and no Canadian ship shall navigate outside Canadian waters unless the ship

(a) if its tonnage was not ascertained under the Act before January 31, 2000, has been measured and its tonnage has been calculated in accordance with this Part; and

(b) keeps on board

Certificates

13. (1) An International Tonnage Certificate (1969) for a ship that is transferred from the register of a state party to the 1969 Convention to the Canadian Register of Ships remains valid until the earlier of

(a) the day on which a period of three months after the date on which the ship is registered in Canada expires, and

(b) the day on which the Minister issues a new International Tonnage Certificate (1969) for that ship.

(2) An International Tonnage Certificate (1969) for a Canadian ship ceases to be valid and shall be cancelled if a modification resulting in an increase in the tonnage of the ship, calculated in accordance with TP 13430, is made in

(a) the arrangement, construction, capacity or use of its spaces;

(b) the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under paragraph 321(a) of the Act; or

(c) its assigned load line or permitted draught.

(3) An International Tonnage Certificate (1969) for a Canadian ship remains valid and shall not be cancelled and a new certificate shall not be issued until 12 months after the date of issue of the current certificate if a decrease in the net tonnage of the ship, calculated in accordance with TP 13430, results from

(a) a modification in the arrangement, construction, capacity or use of its spaces;

(b) a modification in the total number of passengers that it is permitted to carry, as indicated in its Passenger Ship Safety Certificate issued under paragraph 321(a) of the Act; or

(c) a change of trade in which the ship is engaged that alters its assigned load line.

(4) Subsection (3) does not apply in respect of a ship that

(a) is transferred to the flag of another state;

(b) undergoes substantial modifications, such as the removal of a superstructure, that require an alteration of its assigned load line; or

(c) is a passenger ship that is engaged in the carriage of large numbers of unberthed passengers in a special trade, such as the pilgrim trade.

(5) If an International Tonnage Certificate (1969) for a ship is cancelled, its tonnage shall be recalculated in accordance with TP 13430 and, subject to subsection (3), the Minister shall issue a new International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

Inspections

14. (1) The Minister may inspect a ship to verify that

(a) the ship is carrying the appropriate certificate prescribed by paragraph 12(b); and

(b) there have been no modifications made to the ship that resulted in a change in the tonnage specified for the ship in that certificate.

(2) If the Minister determines that modifications made to a ship have resulted in a change in the tonnage specified in the certificate prescribed by paragraph 12(b) or that the ship does not carry that certificate, the Minister shall notify in writing

(a) in the case of a Canadian ship, other than a pleasure craft, the authorized representative of the ship;

(b) in the case of a Canadian ship that is a pleasure craft, the owner or master of the ship; and

(c) in the case of a non-Canadian ship, the government of the state whose flag the ship is entitled to fly.

Ships with Novel Construction Features

15. Despite any other provision of these Regulations, if a ship has such novel construction features as to render its tonnage incalculable in accordance with TP 13430, the tonnage of the ship shall be calculated in accordance with directions of the Board that adapt a calculation method set out in TP 13430 to that ship and, if applicable, the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

DIVISION 1

CANADIAN SHIPS 24 M IN LENGTH OR MORE

Application

16. This Division applies in respect of every Canadian ship that is 24 m in length or more if

(a) the tonnage of the ship was not ascertained before January 31, 2000;

(b) the ship undergoes modifications on or after January 31, 2000 that alter the ship in such a way that the total volume of all the enclosed spaces of the ship is changed by more than one per cent; or

(c) the keel of the ship was laid before October 17, 1994 and, on or subsequent to that date, the ship engages in international voyages.

Calculation of Tonnage

17. The tonnage of a Canadian ship under this Division shall be calculated in accordance with Part 2 of TP 13430.

Certificates

18. If the tonnage of a Canadian ship engaged in international voyages has been calculated in accordance with Part 2 of TP 13430, the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

19. The Minister may request a state party to the 1969 Convention to measure a Canadian ship for the purpose of calculating its tonnage in accordance with Part 2 of TP 13430 and to issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention.

DIVISION 2

NON-CANADIAN SHIPS 24 M IN LENGTH OR MORE

Application

20. This Division applies in respect of every non-Canadian ship that is 24 m in length or more and is entitled to fly the flag of a state party to the 1969 Convention.

Calculation of Tonnage

21. (1) The Minister may require a tonnage measurer to measure a non-Canadian ship for the purpose of calculating its tonnage in accordance with Part 2 of TP 13430 if requested to do so by a state party to the 1969 Convention.

(2) After calculating the tonnage of a ship in accordance with subsection (1), the Minister shall issue an International Tonnage Certificate (1969) for the ship in the form set out in Annex II of the 1969 Convention and shall forward to the requesting state a copy of the certificate and a copy of the calculations of the tonnages.

DIVISION 3

CANADIAN SHIPS LESS THAN 24 M IN LENGTH

Application

22. This Division applies in respect of every Canadian ship that is less than 24 m in length if

(a) the tonnage of the ship was not ascertained before January 31, 2000;

(b) the ship undergoes modifications on or after January 31, 2000 that alter the ship in such a way that the total volume of all the enclosed spaces of the ship is changed by more than one per cent; or

(c) the keel of the ship was laid before October 17, 1994 and, on or subsequent to that date, the ship engages in international voyages.

Calculation of Tonnage

23. The tonnage of a Canadian ship under this Division shall be calculated in accordance with Part 3 of TP 13430.

Election

24. Despite section 23, the owner of a Canadian ship under this Division, other than a pleasure craft, may elect to have the tonnage of the ship calculated in accordance with Division 1 and the election is binding on the owner in respect of the calculation.

PART 3

REPEAL AND COMING INTO FORCE

Repeal

25. The Tonnage Regulations(see footnote 10) are repealed.

Coming into Force

26. These Regulations come into force on January 31, 2000.

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Footnote a

S.C. 1998, c. 16, s. 3

Footnote 1

C.R.C., c. 1457

Footnote 2

SI/90-6

Footnote 3

C.R.C., c. 1487

Footnote 4

SOR/80-191

Footnote 5

SOR/80-191

Footnote b

S.C. 1998, c. 16, s. 3

Footnote c

S.C. 1998, c. 16, s. 3

Footnote 6

C.R.C., c. 1463

Footnote 7

C.R.C., c. 1476

Footnote 8

C.R.C., c. 1483

Footnote 9

SOR/91-689

Footnote d

S.C. 1998, c. 16, s. 3

Footnote 10

SOR/94-643

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