ORDER AMENDING SCHEDULE 1 TO THE CANADA SHIPPING ACT, 2001: SOR/2019-136
Canada Gazette, Part II, Volume 153, Number 11
SOR/2019-136 May 10, 2019
CANADA SHIPPING ACT, 2001
P.C. 2019-485 May 9, 2019
Whereas the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 relates to the promotion of safety of life and property at sea and the protection of the marine environment by establishing international standards of training, certification and watchkeeping for personnel employed on board fishing vessels;
Whereas the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 is a multilateral agreement that Canada has signed with respect to navigation and shipping;
And whereas the Minister of Transport has determined that the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 should be brought into force, in whole or in part, in Canada by regulation;
Therefore, Her Excellency the Governor in Council, on the recommendation of the Minister of Transport, pursuant to subsection 30(1) of the Canada Shipping Act, 2001 footnote a, makes the annexed Order Amending Schedule 1 to the Canada Shipping Act, 2001.
ORDER AMENDING SCHEDULE 1 TO THE CANADA SHIPPING ACT, 2001
1 Schedule 1 to the Canada Shipping Act, 2001 footnote 1 is amended by adding the following after item 29:
- 29.1International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995
Coming into force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Despite recent safety improvements in equipment and regulatory oversight, the fishing industry remains one of the most dangerous work environments in Canada. To further reduce the risk of workplace injuries and fatalities, Canada has ratified and implemented a number of conventions adopted by the International Maritime Organization (IMO) that contain important standards and best practices to enhance the safety of workers in the fishing sector. The International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F) is one such convention that was ratified by Canada on March 29, 2010.
As a result of an administrative error in the ratification process, the STCW-F was not added to Schedule 1 of the Canada Shipping Act, 2001 (CSA 2001). Until Schedule 1 of the CSA 2001 is amended to add the Convention, the Government of Canada cannot make regulations to ensure Canada’s full compliance with the STCW-F — nor can the Minister of Transport take STCW-F–related actions against foreign fishing vessels that are within, or about to enter, Canadian waters.
The STCW-F was adopted by the IMO on July 7, 1995, and it came into force on September 29, 2012. On that date in 2012, the STCW-F became binding on all States which ratified it, including Canada. The STCW-F sets out the certification and training requirements for both officers in charge of a navigational watch and engineers on fishing vessels of 24 metres or more in length operating in unlimited waters. As of June 19, 2018, the STCW-F has been ratified by 24 countries, representing approximately 6% of the worldwide tonnage for merchant fishing vessels. Although international adoption remains relatively low, Transport Canada maintains the view that STCW-F serves to effectively promote the safety of life and property at sea and the protection of the marine environment by personnel employed on board fishing vessels, and as such discussions with other maritime administrations at the IMO are ongoing respecting increasing the ratification level of the STCW-F.
As a party to the STCW-F, Canada is required to ensure that fishing vessel personnel, notably those operating in unlimited waters, carry certificates of competency establishing that they are fully qualified under STCW-F — and that such certificates are recognized internationally.
Schedule 1 of the CSA 2001 lists the international conventions that Canada has signed and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada, by regulation. Subsection 30(1) of the CSA 2001 provides that the Governor in Council may modify Schedule 1 of the CSA 2001 to add international conventions. The Order Amending Schedule 1 of the Canada Shipping Act, 2001 will add the STCW-F to Schedule 1 of the CSA 2001, and allows the Governor in Council to make regulations that implement the provisions of that Convention for the purpose of giving them force of law in Canada.
In accordance with subsection 30(1) of the CSA 2001, this Order in Council makes an amendment to Schedule 1 of the CSA 2001 to add the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 among the listed international conventions, protocols and resolutions.
The inclusion of the STCW-F in Schedule 1 of the CSA 2001 will have no direct impact on the approximately 148 registered Canadian fishing vessels, which are 24 metres or more in length.
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 on small businesses, and small businesses would not be disproportionately affected.
Since 2010, consultations have taken place with various stakeholders and groups under the umbrella of the Canadian Marine Advisory Council (CMAC). The CMAC represents parties with an interest in shipping, navigation and marine pollution concerns — and it is open to government, the marine industry, labour unions and the general public. National CMAC meetings are typically held biannually in the spring and fall of each year in Ottawa. In addition, regional cross-country meetings take place twice a year as well. A detailed presentation on the STCW-F was given by Transport Canada Marine Safety and Security (TCMSS) at the national CMAC meeting in December 2017 outlined Transport Canada’s implementation strategy until — and after — both the CSA 2001 amendment and supporting regulations are made and enter into force to reflect the STCW-F requirements. Stakeholders are in support of the Order Amending Schedule 1 to the Canada Shipping Act, 2001 in order to add the STCW-F.
The Order Amending Schedule 1 to the CSA 2001 will enable the Government to make regulations to ensure that Canada is in full compliance with its international obligations under the STCW-F. By adding STCW-F to Schedule 1 of the CSA 2001, under subsection 227(1) of the CSA 2001, the Minister of Transport will be able to leverage an array of enforcement tools ensuring that STCW-F deficiencies found on foreign vessels already in, or seeking entry to, Canadian waters are corrected. While the ultimate responsibility for implementation of the STCW-F resides with the maritime authority in the State from where the vessel is registered, TCMSS considers it important to have the authority to take appropriate enforcement measures on foreign ships that do not comply with the STCW-F in Canadian waters.
Implementation, enforcement and service standards
This Order reaffirms Canada’s intent to comply with international obligations under the STCW-F. As a leader in developing this Convention, many obligations have already been incorporated in Canadian regulations presently in force. Despite the lack of reference in the CSA 2001 to the STCW-F, the Marine Personnel Regulations made under the CSA 2001 do contain certification and training provisions that reflect the core requirements of STCW-F. The purpose of this Order is to bring all the requirements of the STCW-F fully in force in Canada as soon as practicable and to provide the authority to incorporate any future changes to them.
TCMSS has developed an interim measure for seafarers engaged on international voyages wishing to obtain letters that confirm the validity of their Canadian Fishing Master certificates of competence under the STCW-F — until regulations are made to fully reflect the requirements of the Convention. Letters are issued to applicants by a TCMSS examination centre, which serves to endorse certificates of competency as valid documentation in the event that a Canadian fishing vessel operating in unlimited waters is subject to a vessel inspection in another country.
Canadian fishing vessels, while in the port of another party to the STCW-F, are subject to control by the designated maritime administration to verify that all persons serving on board who are required to be certified by the STCW-F are so certificated or hold an appropriate dispensation. Vessels that are found to be in serious violation of standards may be detained in port until their deficiencies have been rectified and the danger removed. The objective is to detect and deter the operation of vessels by insufficiently trained crews in order to remove the danger that they pose to life, property and the marine environment. To this end, the addition of the STCW-F will result in the Minister of Transport gaining the ability to direct foreign fishing vessels that are non-compliant under the STCW-F, as per subsection 227(1) of the CSA 2001 to either leave — or not enter — Canadian waters.
As Canada has already implemented several other international conventions for shipping, the Order adding the STCW-F to Schedule 1 will supplement Canada’s current activities in the area of maritime safety.
Acting Executive Director
Marine Personnel Standards and Certification
Marine Safety and Security