Canada Gazette, Part I, Volume 154, Number 44: Vessel Safety Certificates Regulations

October 31, 2020

Statutory authorities
Canada Pension Plan
Canada Labour Code
Canada Shipping Act, 2001

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Transport Canada (TC) is seeking to address various issues through the proposed amendments to the Vessel Certificates Regulations (VCR). Amendments to the VCR are needed in order to (1) clarify or modernize existing regulatory requirements; and (2) update the VCR to better align with the Canada Shipping Act, 2001 (CSA 2001). In addition, further amendments are needed to correct minor technical discrepancies identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Background

The VCR came into force in 2007 as part of the modernization and implementation of the CSA 2001. The VCR established vessel certificate requirements for all Canadian flagged vessels, and foreign flagged vessels operating in waters subject to Canadian jurisdiction, and consolidated and replaced the existing voyage classification system present under the Canada Shipping Act.

Vessel certificate requirements under the VCR vary based on the voyage classification, area of operation, and size and type of vessel. Transport Canada issues safety certificates to vessels if they meet applicable technical requirements set out in regulations made under Part 4 of the CSA 2001. The voyage classification system in the VCR, which replaced the system under the Canada Shipping Act, was developed using a risk-based approach that consists of the following classifications, ranked from lowest risk to highest risk:

These classifications were tailored to the operational contexts of the vessels, and were made in consideration of the International Convention for the Safety of Life at Sea of 1974 (SOLAS Convention), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995.

Proposed changes to the VCR would align with statutory changes made when the CSA 2001 replaced the Canada Shipping Act and would codify existing operational practices. This regulatory project also follows through on the priorities of Transport Canada to modernize regulations and legislation relevant to the transportation sector, and to modernize the Canadian inspection regime.

Modernization of inspection requirements

Currently, vessel inspection requirements are spread out among several regulations, resulting in the absence of a centralized location that stakeholders can identify and reference all the requirements that may apply to them. More importantly, various regulations contain vessel inspection requirements that are outdated or obsolete, and do not reflect modern practices. For example, in the Hull Inspection Regulations, drilling a hole is listed as a method in which an inspector would determine an object’s thickness, whereas the current practice is ultrasonic thickness measurement, which does not damage the object being measured. Similarly, inspection requirements for a ship’s coal bunkers and ash chutes are obsolete given that composition of the modern fleet does not include steamships powered by coal.

Furthermore, because inspection requirements are set out in regulation, a full regulatory amendment process is needed to make any changes to inspection requirements, hindering Transport Canada’s ability to keep the requirements up to date. While the Minister of Transport has the authority under the CSA 2001 to set inspection requirements using administrative documents, the current regulatory approach has not made use of this authority. Consolidating these requirements under administrative documents would expedite the process for updating inspection requirements, enabling increased flexibility to adjust requirements to respond to identified safety risks or to incorporate technological advances within the Canadian inspection regime.

Clarifying vessel safety requirements

For Canadian non-safety convention vessels,footnote 1 the VCR stipulate vessel certificate requirements based on vessel size, number of passengers, the presence of boilers in excess of 103 kilopascal (kPa) and the presence of unfired pressure vessels. The requirement to issue certificates based on the presence of boilers or pressure vessels is outdated, as boilers are no longer used as a main source of energy on vessels and unfired pressure vessels are now serially produced using appropriate codes and standards.

The VCR also include unintentional requirements that certain Canadian non-safety convention vessels, such as dragon boats, certain non-self-propelled vessels (barges), and vessels under 15 gross tonnage and carrying fewer than 12 passengers, be certificated. Given that barges are included in the definition of “vessel” under the CSA 2001, an unintentional requirement for all barges to be certificated was created in 2007 with the coming into force of relevant sections of the CSA 2001 and the VCR, as most unpowered barges were not previously required to be certificated under the old Canada Shipping Act. A Transport Canada Marine Safety and Security policy implemented in 2008footnote 2 excluded certain barges from inspections and certification, temporarily resolving the unintentional requirement, until the VCR could be amended.

The VCR also contain gaps with respect to new vessel safety certificates or related documents that may be added or amended under the SOLAS Convention. For example, in accordance with SOLAS Chapter XI-1, regulation 5, and the Marine Transportation Security Regulations (MTSR), Canadian and foreign SOLAS vessels are required to carry a Continuous Synopsis Record (CSR). The CSR is a record of the history of a safety convention vessel that includes information such as the vessel name(s), ownership, registration information, identification number, classification society, and administration(s) responsible for issuing the vessel’s SOLAS certificates and documents. While Transport Canada Marine Safety has been carrying out the practice of issuing CSRs to authorized representatives of Canadian SOLAS vessels, under the authority of the CSA 2001 (paragraph 35(1)(d)), and in accordance with the SOLAS Convention and a Memorandum of Understanding with Marine Security, requirements for issuing CSRs have not been stated in any regulations. Similarly, the requirement for a CSR to be kept up to date to reflect changes to information contained in the CSR has not been stated in any regulations, despite being a requirement in the SOLAS Convention.

There are also gaps in the VCR where criteria are listed to determine if any limitations are necessary for a vessel’s intended voyage, taking into account the vessel’s construction, equipment, and stability and design criteria. While the current criteria in the VCR include wind velocity, wave height, and navigation hazards, they do not include “ice conditions” which are also a factor in determining necessary limitations for a vessel’s voyage.

Finally, the current VCR are unclear on the vessel safety certificate requirements for vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas, whether subject to the Canada Oil and Gas Operations Act, the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. While these vessels are subject to the VCR, it is not clearly stated that the vessels are not subject to the VCR when they are on site and engaged in the aforementioned operations.

Updating voyage classification definitions and sheltered waters schedules

Commercial vessels must be designed, built and equipped to operate safely in their area of operation and must be operated in a way that respects their design limitations. Voyage classifications are used in Canada’s marine-related regulations to establish the areas in which vessels may operate. Voyage classifications are defined in the Interpretation section of the VCR and are mainly based on distance from shore and, in some cases, nearest place of refuge.

Voyage classification definitions listed in the VCR do not reflect updates that were made during the conversion from the Canada Shipping Act to the CSA 2001, resulting in unintentional gaps in the VCR. For example, the number of voyage classifications was reduced by over half (from nine to four), and the inland voyage classification was excluded, creating a situation whereby areas more than 25 nautical miles (NM) from shore on large lakes (e.g. Lake Huron, Lake Superior, Great Slave Lake and others) were promoted unnecessarily from the second-lowest classification of risk to the second-highest level.

This gap particularly impacts vessels engaged in near coastal voyage, Class 2 voyages operating along coastal waters and then continuing into the Great Lakes, as they are restricted to 25 nautical miles from shore, even though the conditions for the entire lake would be much less risky than a voyage in coastal waters. Thus, vessels operating in areas that exceed 25 nautical miles from shore, but remain in the confines of the Great Lakes, have to carry the same equipment as their ocean-going counterparts (i.e. as per near coastal voyage, Class 1) and operators would require the same certification. The omission of the inland voyage classification also created a gap as there was no longer a voyage classification that could properly reflect the area where the SOLAS Convention, and other International Maritime Organization conventions, did not apply in the Great Lakes and St. Lawrence River system, creating confusion for the certification of vessels operating exclusively in this area.

The definition of sheltered waters voyage was also updated in a Transport Canada policy and communicated to stakeholders in a Ship Safety Bulletinfootnote 3 following stakeholder consultations undertaken between 2012 and 2015. The updated definition expanded the minimum distance from shore in the sheltered waters voyage classification definition from 1 nautical mile to 2.5 nautical miles, thus expanding the small bodies of water which could be considered sheltered and low risk without a formal risk assessment. This resulted in a gap between the current VCR and common practice. These changes were implemented on an interim basis in a Transport Canada Marine Safety and Security policy published in 2015.footnote 4

In addition, sheltered waters schedules listed in the VCR have not been updated to account for new designated sheltered waters that have been identified as low risk through formal risk assessments, since the VCR came into force in 2007. These risk assessments led to an additional 87 areas that are to be considered “sheltered waters,” as well as minor amendments made to existing sheltered waters areas (e.g. addition of French place names, consistency in expression of coordinates). While these new designated sheltered waters have been recognized through policy implementation and subsequently published in Ship Safety Bulletins,footnote 5 they have yet to be updated in the VCR.

Addressing gaps and improving clarity

In some instances, minor gaps exist in the current VCR, which can create uncertainties for authorized representatives of vessels regarding their vessel safety certificate obligations. For example, the CSA 2001 requires the authorized representative to maintain the conditions of their vessel as required in Canadian maritime documents, such as vessel safety certificates. However, the VCR do not explicitly address the obligation of authorized representatives to report on how and when deficiencies identified during vessel inspections have been addressed, or to report when requirements for the issuance of certificates may no longer be met, such as when a vessel has been damaged, or modifications have been made that could affect the tonnage or stability of the vessel. As a result, potential safety issues may not be brought to Transport Canada’s attention. These obligations existed in the previous Canada Shipping Act, but were inadvertently lost when the VCR and certain sections of the CSA 2001 came into force in 2007, although they continued in practice.

In addition, even though the CSA 2001 clearly establishes the Minister’s authority in respect to the oversight and enforcement of foreign vessels in Canada, the VCR do not explicitly address their safety requirements if they are not covered under the SOLAS Convention. Addressing this gap would help to ensure that there is an equivalent level of safety between Canadian vessels and foreign non-safety convention vessels of similar size and type of voyage, and would support a more consistent enforcement of the CSA 2001.

Finally, the SJCSR reviewed the VCR in 2016 and provided Transport Canada with 11 recommendations for minor amendments to the VCR that would address a minor grammatical issue in a voyage definition, more clearly communicate existing requirements, and reduce inconsistencies and redundancies in the body of the regulatory text. All 11 recommendations have been taken into account in drafting the amendments to the VCR.

Objective

The objectives of the proposed amendments are to ensure that the VCR

Description

Proposed amendments to the VCR would be made to clarify and update existing vessel safety certificate and inspection requirements and voyage classification definitions, and to update schedules for sheltered waters. In addition, consequential amendments would be made with an aim to increase regulatory flexibility, harmonization and simplicity for stakeholders and government. A description of the proposed amendments follows.

Title and structure

To reflect the regulatory proposal’s emphasis on promoting and ensuring vessel safety, the title of the Vessel Certificates Regulations would be changed to Vessel Safety Certificates Regulations.

The structure of the existing VCR would be modified for the purpose of increased clarity, adopting the following format:

Modernization of inspection requirements

As per the CSA 2001, the Minister has the authority to establish inspection requirements, such as specifying required documentation for the issuance of Canadian maritime documents (e.g. licence, permit or certificate), in administrative documents as opposed to in regulation. The Minister also has the authority to determine how, when, and for how long Canadian maritime documents are issued. Amendments would be made to multiple regulations to repeal inspection requirements found across various regulations and move them into appropriate administrative documents, such as the new Canadian Inspection Standard which will be published concurrently with the coming-into-force date of the proposed Regulations.

The International Maritime Organization’s Harmonized System of Survey and Classification (HSSC) nomenclature (which varies slightly from the Canadian inspection regime) would be adopted to the extent possible in the administrative documents, resulting in greater consistency between terminology used internationally and already established in some of the more up-to-date regulations. For example, “First Inspection” will be renamed “Initial Inspection,” as is standard under the HSSC. These amendments will not change the substance or structure of inspections in Canada.

During the transfer of these inspection requirements from regulations to administrative documents, relevant out-of-date technical inspection requirements would be replaced by modern equivalents that reflect current practices. For example, outdated requirements for inspectors to drill holes to measure hull thickness would be replaced with a requirement for an ultrasonic thickness measurement. Additionally, obsolete practices would be removed and not replaced, such as the inspection requirements for a ship’s coal bunkers and ash chutes, which are obsolete given that the modern fleet does not include steamships powered by coal.

Clarifying vessel safety certificate requirements

To clarify and modernize the requirements for Canadian non-SOLAS vessels, the amendments would

The proposed amendments would also include a new clause that specifies the requirements for the issuance of CSR for Canadian safety convention vessels. This would align with the CSR requirements in the SOLAS Convention and current practices. In addition, provisions would be included that clarify that the CSR carried by Canadian and foreign SOLAS vessels remain up to date.

In addition, proposed amendments to the VCR, which have been developed in partnership with Natural Resources Canada, would clarify that vessels capable of engaging in the drilling for, or the production, conservation or processing of oil or gas that are subject to the Canadian Oil and Gas Operations Act, the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation are not subject to the VCR when they are on location and engaged in these operations.

Finally, the proposed amendments would also add “ice conditions” to the list of criteria considered to determine whether limits are necessary for the intended voyage. Given Canada’s diverse climate and conditions (depending on geographic location and time of the year), ice conditions have always been considered in practice under the criterion “navigation hazards” within the existing criteria (which include, among other things, wave height, wind velocity, and navigation hazards); however, for clarity and certainty, ice conditions would be added explicitly to the criteria.

Voyage classification and sheltered waters

Amendments to the proposed VCR would add back into the voyage classification scheme definitions for “inland waters of Canada” and “inland voyage.” These classifications would include Lake Huron and Lake Superior, allowing vessels to move freely between these lakes and coastal waters without the need for a near-coastal, Class 1, voyage certification. In addition, the amendments would clarify that vessel safety certificates issued with a specific voyage classification may engage in a voyage of a lesser classification without the need for a new certificate.

The VCR would also be amended to reflect changes made to the definition of sheltered waters, adopted by policy in 2015. The proposed amendments expand the minimum distance from shore in the current sheltered waters voyage classification definition from 1 nautical mile to 2.5 nautical miles, thus expanding the number of small bodies of water which could be considered sheltered, and therefore low risk, without a formal risk assessment.

In addition, the 87 sheltered waters that have been identified to be low risk through a formal risk assessment would be added to the sheltered waters schedules. Minor amendments to the schedule would also be made to ensure consistency on how waters are described across all the listings. Lastly, four listings for the Toronto area under Schedule 2 would be removed, as the updated definition for sheltered waters makes these listings redundant.

Addressing gaps and improving clarity

Due to an inadvertent omission during the transition from the Canada Shipping Act to the CSA 2001, the VCR do not clearly state the obligation of vessel owners to report to the Minister when a change has been made to a vessel that could potentially impact a vessel’s certificate, whether it be from an intentional modification or damage to the vessel. Despite the omission, this process has continued to occur in practice. To address the omission and ensure the safety of affected vessels, proposed amendments to the VCR would include requirements for authorized representatives to inform the Minister of any vessel modification or damage where there is a likelihood that the requirements upon which the vessel inspection certificate was based might no longer be met. These proposed amendments would allow the Minister to verify, through documentary evidence or inspection, that the conditions for the issuance of the certificate continue to be met.

Similarly, when deficiencies have been identified in an inspection, it has traditionally been the responsibility of the authorized representative of the vessel to rectify the deficiency in the allotted time frame identified in the inspection report, and to report the rectification of the deficiency to the Minister. However, requirements to report back to the Minister and provide evidence that the deficiency has been rectified were lost during the transition from the Canada Shipping Act to the CSA 2001. Proposed amendments would add this requirement to the regulations, allowing the Minister to verify that the conditions for the issuance of a certificate continue to be met, and to acknowledge the rectification of the deficiency. This provision will also enable the Minister to take enforcement action, such as imposing fines, for non-compliance with these requirements.

With respect to foreign safety convention vessels, the proposed amendments would clarify that the scope of these regulations applies to safety certificates issued under the SOLAS Convention, rather than all international conventions, protocols, and resolutions under Schedule 1 of the Act. The proposed amendments would also explicitly state requirements for foreign non-safety convention vessels in Canada to ensure an equivalent level of safety between Canadian vessels and foreign non-safety convention vessels of similar size and type of voyage. The majority of foreign vessels in Canadian waters already meet either international conventions or the safety requirements of their flag state, and therefore already meet the safety requirements in the proposed amendments. The proposed amendments would support a more consistent enforcement of the CSA 2001 safety objectives in case of substandard vessels that could trade in Canadian waters, and may expose persons or the environment to danger.

Amendments to address comments from the Standing Joint Committee for the Scrutiny of Regulations

Minor amendments would also be made to address recommendations by the SJCSR to correct a grammatical issue in a voyage definition and more clearly communicate existing requirements by reducing inconsistencies and redundancies in the body of the regulatory text.

Consequential amendments

In addition to the repeal of inspection requirements found across various regulations so they can be moved into appropriate administrative documents, regulations that refer directly to the Vessel Certificates Regulations would be amended to refer to the Vessel Safety Certificates Regulations. Further, voyage classification definitions found in other regulations would be amended to replace the definition with a reference to class of voyage as per the Vessel Safety Certificates Regulations.

Consequential amendments would also be made to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations to include new administrative monetary penalties pertaining to the requirement for SOLAS vessels to carry up-to-date CSR, reporting of rectification of deficiencies, reporting of modifications or damage to a vessel, and requirement for foreign non-safety convention vessels to carry vessel certificates.

In total, 20 regulations would be affected, three of which (the Vessel Certificates Regulations, the Hull Inspection Regulations and the Classed Ships Inspection Regulations, 1988) would be repealed entirely.

Regulations with authority under the Canada Shipping Act, 2001 impacted through consequential amendments:

Regulations with authority under the Canada Labour Code impacted through consequential amendments:

Regulations with authority under Canada Pension Plan impacted through consequential amendments:

Regulatory development

Consultation

Canadian Marine Advisory Council

Regular consultations have been held through annual national and regional meetings of the Canadian Marine Advisory Council (CMAC) since 2011. CMAC meetings are coordinated and chaired by senior members of TC, and are composed of parties that have a recognized interest in shipping, navigation, and pollution matters.

Consultations at the initial CMAC meetings, starting in the fall of 2011, informed stakeholders of the regulatory proposal’s intent to consolidate and clarify inspection requirements and update the language in the VCR to be consistent with terminology found in the HSSC.

At the spring 2013 CMAC meeting, on the topic of sheltered waters, stakeholders suggested expanding the definition of sheltered waters to include inland waters that are within 2.5 nautical miles from the closest shore, as opposed to 1 nautical mile. An update to the definition of sheltered waters (from 1 nautical mile from shore to 2.5 nautical miles) was made through the Ship Safety Bulletin No.: 03/2015 (amendment 2015-05-29) entitled Sheltered Waters Voyages, and presented to stakeholders at the spring 2015 CMAC meeting. The proposed amendments to the VCR would include this updated definition.

Regular CMAC presentations were given between 2013 and 2015 that provided updates on the regulatory proposal. During this time no concerns were raised by stakeholders.

Renewed efforts to amend the VCR started in 2017. At the fall 2017 CMAC meeting, stakeholders were presented with an overview of plans to modernize the Canadian inspection regime, including efforts to modernize the VCR. It was noted at this time that proposed amendments to the VCR would clarify vessel certificate requirements, voyage classification definitions, and move inspection requirements into administrative documents. Stakeholders responded positively to the update. A follow-up presentation was given at the spring 2018 CMAC meeting, which reiterated the key points of the regulatory proposal.

At the fall 2018 CMAC meeting, the overall structure of the amended VCR, as well as highlights of proposed changes to the VCR were reviewed. It was reiterated to stakeholders that the bulk of the work on this proposal would pertain to consequential amendments, with inspection requirements being moved out of the regulations and into administrative documents. Stakeholders asked follow-up questions regarding voyage definitions, specifically relating to near coastal voyage, Class 1 and near coastal voyage, Class 2. Stakeholders were informed that work on these definitions was ongoing, and that all comments should be forwarded to TC. An update on these definitions was presented at the spring 2019 CMAC meeting. At that time, the new structure for the VCR, as well as work toward developing administrative documents for inspection requirements, was presented.

An update on the regulatory proposal was most recently given to stakeholders at the fall 2019 CMAC meeting. The presentation provided an update on the development of the administrative documents that would support the VCR, as well as a draft table of contents for the Inspection Standard administrative document, which would be composed of the consolidated inspection requirements repealed from other regulations. Stakeholders were also given updates on efforts to amend the VCR to align with changes that have already been made through Ship Safety Bulletins and Transport Publications (TPs) since the VCR came into force in 2007 and proposed amendments to address those requirements that were unintentionally dropped during the transition from the Canada Shipping Act to the CSA 2001.

Overall, the CMAC meetings have provided stakeholders with the opportunity to comment on the regulatory proposal’s scope, objectives, and framework. Stakeholders have not raised concerns with the proposed amendments to the VCR.

Engagement with other government departments

Engagement has been ongoing between TC and Natural Resources Canada, consistent with the Memorandum of Understanding (MoU) signed in 2008 between both departments. The MoU established a modus operandi between Natural Resources Canada and TC to obtain the joint recommendations, as per subsection 120(2) of the CSA 2001, in instances when regulations touch on vessels involved in oil and gas explorations.

As a result of this MoU and requirement for joint recommendation, TC has worked closely with Natural Resources Canada to develop language for the VCR with respect to vessels that are capable of engaging in the drilling for, or the production, conservation or processing of oil or gas.

Transport Canada also sought a joint recommendation from the Minister of Natural Resources Canada for consequential amendments to the Vessel Pollution and Dangerous Chemicals Regulations. In addition, the Canada Revenue Agency and Employment and Social Development Canada were engaged with respect to proposed consequential amendments to the Canada Pension Plan Regulations and the Maritime Occupational Health and Safety Regulations, respectively. No concerns were raised.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the proposed Regulations are likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and after examination, no implications or impacts on modern treaties are identified.

Instrument choice

Subsection 120(1) of the CSA 2001 gives the Governor in Council authority, on the recommendation of the Minister, to make regulations respecting the safety of vessels. Because this proposal is largely administrative in nature, intended to clarify existing vessel safety certificate requirements within the VCR, and to align the VCR with current practices already being carried out due to changes made through other legislative and policy instruments, regulatory amendments were the most appropriate approach to address these needs.

Proposed amendments would also make use of the Minister’s authorities under the CSA 2001 to use administrative documents, instead of regulations, to specify inspection requirements for Canadian maritime documents. Based on research, analysis and consultations, TC concluded that consolidating these requirements under administrative documents would be the most appropriate and effective approach, as it would help enable and ensure flexibility to adjust requirements to respond to identified safety risks and/or to incorporate technological advances within the Canadian inspection regime. This aligns with a 2005 policy directive by TC, which established a vision for a modernized approach to the Canadian inspection regime, and specified how administrative documents could be used in place of standalone inspection regulations. In addition, the policy directive specified that the frequency of certain inspections, and the manner in which they are carried out could be stated in administrative documents and changed as required, without the additional burden of a regulatory amendment.

Regulatory analysis

Benefits and costs

All monetized figures presented in the “Benefits and costs” section are in present value over a 10-year analytical time frame (2021–2030), using a 2019 dollar year and 2021 base year. For the proposed Regulations, the total estimated benefits would be $0.5 million and the total estimated costs would be $0.14 million. The total net present value of the proposed Regulations is therefore $0.37 million.

Benefits

Due to some of the minor updates being made when moving the inspection requirements to administrative documents, some authorized representatives would no longer be required to apply for equivalency through the Marine Technical Review Board (MTRB). It is estimated that, on average, at least 9.33 MTRB applications per year, or 93 over the 10-year analytical time frame, would be avoided.footnote 6 This would give the authorized representatives more certainty in their operations as they would not need to wait for a decision from the MTRB. This would also lead to decreased effort from both the authorized representatives and the Government of Canada.

It is estimated that MTRB applications require the effort of one authorized representative for 1 to 2 days (7.5–15 hours). The expected cost savings to industry from the proposed Regulations would be $38,469. For the Government of Canada, it is estimated that the average cost for the processing of an MTRB application is $6,600. The expected cost savings to government from the proposed Regulations would be $0.46 million. The total benefit of the proposed Regulations is therefore $0.5 million.

There would also be non-monetized benefits associated with these proposed amendments such as the clarification of requirements and the resulting increased efficiency for industry. Due to the adjustments made to the voyage classifications, industry would benefit from extended operating areas for sheltered waters and inland voyages. As a result of the administrative changes in the proposed regulatory project, vessel safety certificate requirements would be more clearly worded and structured to be easier to reference.

Costs

Two minor costs to vessel owners associated with the expected increase in compliance have been identified with respect to requirements to notify TC. It is important to note that compliance with safety requirements is already mandatory and these costs are only associated with the process of informing TC. The first cost is associated with notifying TC of addressed deficiencies and the second is associated with notifying TC of vessel modifications or damage where there is a likelihood that safety certificate requirements are no longer met. The total cost associated with the proposed Regulations is estimated to be $136,231.

There would be minor costs associated with increased compliance of authorized representatives notifying TC after addressing deficiencies. While the requirements exist in the Act, the estimated rate of compliance in the baseline scenario is 78%.footnote 7 In order to achieve full compliance, an estimated additional 744 notifications would be required annually, with each notification taking an assumed 15 minutes. This task would be completed by the authorized representatives. It is therefore estimated that the notification of addressed deficiencies would cost industry $68,115.

There would also be minor costs associated with the increased compliance of authorized representatives notifying TC after completing modifications to their vessels, or in the event of damage if there is a likelihood that it results in the vessel no longer meeting the safety requirements. Due to a lack of data on the numbers of these modifications or damages that are done without notifying TC, it is assumed that similar numbers of modifications/damage requiring notification are made to deficiencies requiring notification. Therefore, the estimated cost to industry associated with the notification of modifications or damage would be $68,115.

This analysis assumes full compliance, so no costs are estimated for the administrative monetary penalties (AMPs).

Small business lens

The small business lens applies as there are impacts on small businesses associated with the proposal.

Due to a lack of data availability on employees and revenues, it is uncertain how many businesses affected by this proposal are considered small businesses.

Some small businesses may benefit from the reduction in MTRB applications required, but it is not certain what proportion of these cost savings to industry would be realized by those qualifying as small businesses. There would also be benefits to some small businesses associated with the sheltered waters provisions as described in the “Benefits and costs” section.

Small businesses would also incur costs due to the increase in the notifications to TC for addressed deficiencies and/or vessel modifications or damage. Each notification to TC would carry a nominal cost of only $9.75. Given the low cost, that compliance with these provisions is already estimated at 78%, and that notifications are necessary to confirm and ensure that vessels operate in compliance with safety requirements on an ongoing basis, no additional flexibility for small businesses have been provided.

One-for-one rule

The one-for-one rule applies since there is an incremental increase in administrative burden on business, one regulatory title is being repealed and replaced, and two additional regulatory titles are being repealed.

All costs to industry identified in the “Benefits and costs” section qualify as administrative burden and all are to businesses (pleasure crafts are not in scope of the proposed Regulations).The annualized net cost would be $7,076, with a corresponding annualized net cost per business of $0.38.footnote 8

The regulatory title being added is the Vessel Safety Certificates Regulations, which replaces the Vessel Certificates Regulations. This repeal and replace would not result in a net increase or decrease in regulatory titles.

The two additional titles being repealed are the following:

These repeals would result in a net decrease of two regulatory titles. Therefore, these repeals are considered “titles out” for the purposes of the one-for-one rule.

Regulatory cooperation and alignment

This initiative is not part of a formal regulatory cooperation work plan, but it does clarify requirements for vessels subject to the SOLAS Convention. However, the proposed amendments would not change any of the current requirements for SOLAS vessels or affect Canada’s relationship to the Convention. The proposed amendments to the VCR would also update common terminology for the Canadian inspection regime to align with international guidelines, including the HSSC. In addition, repealing inspection requirements from regulations and placing them in administrative documents would enable a streamlined process for future updates to inspection requirements. This would ensure that requirements remain up to date and consistent with international standards.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment (2013), the strategic environmental assessment process was followed for this proposal and a sustainable transportation assessment was completed. Based on the preliminary assessment, it was determined that the proposed amendments do not introduce any new requirements that affect the environment and that a strategic environmental assessment was unnecessary.

Gender-based analysis plus

No gender-based analysis plus impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed regulatory amendments would come into force on the day on which they are registered.

Stakeholders will be informed of the proposed regulatory changes through regular communication tools, such as Ship Safety Bulletins, updates on the TC website and FLAGSTATE NET. In addition, stakeholders will continue to be updated on the progress of the VCR project at CMAC meetings.

As part of this regulatory project, an inspection policy document and a Canadian inspection standard document are being developed. These documents would contain the inspection requirements that are being repealed from various regulations. Updates and descriptions of these documents have been given to stakeholders regularly at CMAC meetings. These documents would be made available on the date that the proposed amendments to the VCR go into effect.

Compliance and enforcement of these proposed amendments would be addressed nationally through periodic inspections and/or risk-based inspections. This would not require increased resources, as marine safety inspectors already enforce the requirements of the regulations during normal periodic inspections and port state control activities. Proposed consequential amendments to Part 7 of the schedule in the Administrative Monetary Penalties and Notices (CSA 2001) Regulations would be made to reflect the new structure of the proposed Regulations and to clarify the administrative monetary penalties for individual requirements in the proposed Regulations. The updated schedule would also reflect the administrative monetary penalties for requirements that were previously omitted from the VCR. The penalty amounts are consistent with those in the current schedule (up to $25,000).

Proposed administrative monetary penalties for safety convention vessels
Provision of the proposed Regulations Section title of the proposed Regulations Range of penalties ($) for contravention of a provision of the proposed Regulations
Section 6 Safety certificate 1,250 to 25,000
Paragraph 7(2)(a) Inspections and endorsement 1,250 to 25,000
Paragraph (7)(2)(b) Inspections and endorsement 1,250 to 25,000
Paragraph 10(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 10(b) Responsibilities of authorized representative 250 to 5,000
Paragraph 10(c) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 10(d) Responsibilities of authorized representative 1,250 to 25,000
Proposed administrative monetary penalties for vessels that are not safety convention vessels
Provision of the proposed Regulations Section title of the proposed Regulations Range of penalties ($) for contravention of a provision of the proposed Regulations
Section 12 Safety certificate 1,250 to 25,000
Paragraph 13(2)(a) Endorsement 1,250 to 25,000
Paragraph 13(2)(b) Endorsement 1,250 to 25,000
Paragraph 15(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 15(b) Responsibilities of authorized representative 250 to 5,000
Proposed administrative monetary penalties for reports and inspections
Provision of the proposed Regulations Section title of the proposed Regulations Range of penalties ($) for contravention of a provision of the proposed Regulations
Paragraph 17(1)(a) Reports 600 to 10,000
Paragraph 17(1)(b) Reports 600 to 10,000
Proposed administrative monetary penalties for foreign vessels
Provision of the proposed Regulations Section title of the proposed Regulations Range of penalties ($) for contravention of a provision of the proposed Regulations
Subparagraph 18(1)(a)(i) Safety Convention vessels 1,250 to 25,000
Subparagraph 18(1)(a)(ii) Safety Convention vessels 250 to 5,000
Subparagraph 18(1)(a)(iii) Safety Convention vessels 1,250 to 25,000
Subparagraph 18(1)(a)(iv) Safety Convention vessels 1,250 to 25,000
Paragraph 18(1)(b) Safety Convention vessels 1,250 to 25,000
Paragraph 18(2)(a) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 18(2)(b) Responsibilities of authorized representative 1,250 to 25,000
Paragraph 19(a) Vessels that are not Safety Convention vessels 1,250 to 25,000
Paragraph 19(b) Vessels that are not Safety Convention vessels 1,250 to 25,000
Paragraph 19(c) Vessels that are not Safety Convention vessels 1,250 to 25,000

Contact

Heidi Craswell
Manager/Senior Policy Advisor
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: 343‑549‑5614
Email: Heidi.Craswell@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Vessel Safety Certificates Regulations pursuant to

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Heidi Craswell, Manager, Legislative, Regulatory and International Affairs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5 (email: heidi.craswell@tc.gc.ca).

Ottawa, October 22, 2020

Julie Adair
Assistant Clerk of the Privy Council

TABLE OF PROVISIONS

Vessel Safety Certificates Regulations

Interpretation

Application and Prescribed Class

PART 1

Canadian Vessels

DIVISION 1
Safety Convention Vessels
DIVISION 2
Vessels that are not Safety Convention Vessels
DIVISION 3
Reports and Inspections

PART 2

Foreign Vessels

PART 3

Transitional Provision, Consequential and Related Amendments, Repeals and Coming into Force

Transitional Provision

Consequential Amendments

Canada Pension Plan
Canada Labour Code
Canada Shipping Act, 2001

Related Amendments

Canada Shipping Act, 2001

Coming into Force

SCHEDULE 1

SCHEDULE 2

Vessel Safety Certificates Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Interpretation

2 (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations,

Inconsistency

(2) In the event of an inconsistency between a provision in SOLAS and a provision in these Regulations, the provision in these Regulations prevails to the extent of the inconsistency.

Application and Prescribed Class

Canadian vessels and foreign vessels

3 (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

Activities relating to oil or gas

(2) These Regulations apply in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except a vessel that is on location and engaged in one of those activities in an area referred to in

Prescribed class — section 119 of the Act

4 A Canadian vessel in respect of which this Regulation applies is of a prescribed class for the purposes of section 119 of the Act.

PART 1

Canadian Vessels

DIVISION 1
Safety Convention Vessels

Application

5 This Division applies in respect of Canadian vessels that are Safety Convention vessels.

Safety certificate

6 A vessel must hold the applicable safety certificates issued in accordance with section 7 to engage on a voyage.

Issuance of safety certificate

7 (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates referred to in SOLAS to the vessel if the requirements of regulations made under Part 4 of the Act are met in respect of the following that apply to the vessel when it is engaged in its intended service:

Inspections and endorsement

(2) The authorized representative of a vessel that holds a safety certificate must ensure that

Exemption certificate

8 On application by the authorized representative of a vessel, the Minister must issue an exemption certificate to the vessel if an exemption has been granted by the Marine Technical Review Board in accordance with section 28 of the Act in respect of the requirements that must be met for the issuance of a safety certificate under section 7.

Continuous synopsis record

9 (1) On application by the authorized representative of a vessel for a continuous synopsis record referred to in Regulation 5 of Chapter XI-1 of SOLAS, the Minister must issue the record to the vessel in accordance with that Regulation.

Required information in application

(2) The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS.

Update to information

(3) If there is a change that affects the information that is contained in the continuous synopsis record, the authorized representative must, as soon as feasible,

Prohibition from altering continuous synopsis record

(4) Subject to paragraph (3)(c), the authorized representative must ensure that the continuous synopsis record is not altered or defaced and that any information contained in it is not modified or removed.

Continuous synopsis record on board when vessel transferred

(5) The authorized representative must ensure that the continuous synopsis record is left on board when the vessel is transferred to the flag of another State, is sold or another company assumes the responsibility for its operation.

Minister informed after transfer to another State

(6) If a vessel is transferred to the flag of another State, the authorized representative must, as soon as feasible after the transfer, inform the Minister of the name of the State to allow the Minister to forward to that State a copy of each continuous synopsis record issued by the Minister to that vessel.

Responsibilities of authorized representative

10 The authorized representative of a vessel that holds a safety certificate must ensure that the following documents are kept on board:

DIVISION 2
Vessels that are not Safety Convention Vessels

Application

11 (1) This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels:

Non-application

(2) This Division does not apply in respect of

Definition of dangerous chemical

(3) For the purposes of paragraph (2)(d), dangerous chemical has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations.

Safety certificate

12 A vessel must hold the applicable safety certificates issued in accordance with section 13 to engage on a voyage.

Issuance of safety certificate

13 (1) On application by the authorized representative of a vessel, the Minister must issue a safety certificate to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service:

Endorsement

(2) The authorized representative of a vessel that holds a safety certificate that is valid for more than one year must ensure that

Inland voyage safety certificate

14 (1) A vessel that holds a safety certificate for an inland voyage may also engage on a sheltered waters voyage that is within the waters described in paragraphs (a) and (b) of the definition inland voyage.

Near coastal voyage, Class 2 safety certificate

(2) A vessel that holds a safety certificate for a near coastal voyage, Class 2 may also engage on a sheltered waters voyage and an inland voyage.

Near coastal voyage, Class 1 safety certificate

(3) A vessel that holds a safety certificate for a near coastal voyage, Class 1 may also engage on

Unlimited voyage safety certificate

(4) A vessel that holds a safety certificate for an unlimited voyage may also engage on

Responsibilities of authorized representative

15 The authorized representative of a vessel that holds a safety certificate must ensure that the following documents are kept on board:

Terms and conditions

16 If the Minister determines that terms and conditions on a safety certificate issued to a vessel are necessary based on the vessel’s construction, equipment, stability and design criteria, the Minister may impose terms and conditions that

DIVISION 3
Reports and Inspections

Reports

17 (1) The authorized representative of a Canadian vessel must

Confirmation from Minister

(2) Following the submission of the documents, the authorized representative must ensure that they receive a written confirmation from the Minister that the requirements for the issuance of the certificate continue to be met.

Review and inspection

(3) In order to provide the confirmation, the Minister must review the documents provided by the authorized representative and, if the Minister determines that it is necessary, inspect the vessel.

PART 2

Foreign Vessels

Safety Convention vessels

18 (1) The authorized representative of a foreign vessel that is a Safety Convention vessel must

Responsibilities of authorized representative

(2) The authorized representative of a foreign vessel that holds a safety certificate that is required by SOLAS must ensure that

Vessels that are not Safety Convention vessels

19 The authorized representative of a foreign vessel that is not a Safety Convention vessel must

PART 3

Transitional Provision, Consequential and Related Amendments, Repeals and Coming into Force

Transitional Provision

Certificates issued under Vessel Certificates Regulations

20 A certificate issued under the Vessel Certificates Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under the provisions of these Regulations.

Consequential Amendments

Canada Pension Plan
Canada Pension Plan Regulations

21 Paragraph (d) of the definition inland voyage in subsection 18(4) of the Canada Pension Plan Regulationsfootnote 9 is replaced by the following:

Canada Labour Code
Maritime Occupational Health and Safety Regulations

22 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 1 and unlimited voyage in section 1 of the Maritime Occupational Health and Safety Regulationsfootnote 10 are replaced by the following:

23 Section 19 of the Regulations is amended by adding the following after subsection (3):

(3.1) For the purposes of subsection (3), an inland voyage includes a sheltered waters voyage as defined in section 1 of the Vessel Safety Certificates Regulations if the voyage is within the waters described in paragraph (a) or (b) of the definition inland voyage.

24 Subparagraph 154(1)(c)(i) of the Regulations is repealed.

Canada Shipping Act, 2001
Fishing Vessel Safety Regulations

25 (1) The definitions near coastal voyage, Class 1, near coastal voyage, Class 2, sheltered waters voyage and unlimited voyage in subsection 3.01(1) of the Fishing Vessel Safety Regulationsfootnote 11 are replaced by the following:

(2) Subsection 3.01(1) of the Regulations is amended by adding the following in alphabetical order:

(3) Section 3.01 of the Regulations is amended by adding the following after subsection (1):

Near coastal voyage, Class 2

(1.1) For the purposes of this Part, a reference to “near coastal voyage, Class 2” shall be read as including a reference to “inland voyage”, except in the following provisions:

Near coastal voyage, Class 2, restricted to 2 nautical miles

(1.2) For the purposes of this Part, a reference to “near coastal voyage, Class 2, restricted to 2 nautical miles” shall be read as including a reference to “inland voyage” during which the fishing vessel engaged on the inland voyage is always within 2 nautical miles from shore.

Load Line Regulations

26 The definitions inland voyage, inland waters of Canada and sheltered waters voyage in subsection 1(1) of the Load Line Regulations footnote 12 are replaced by the following:

Marine Personnel Regulations

27 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 1, near coastal voyage, Class 2, sheltered waters voyage and unlimited voyage in subsection 1(1) of the Marine Personnel Regulationsfootnote 13 are replaced by the following:

Vessel Clearance Regulations

28 The definitions inland voyage and inland waters of Canada in section 1 of the Vessel Clearance Regulationsfootnote 14 are replaced by the following:

29 Subsection 2(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

30 Subsection 3(1) of the Regulations is amended by adding “or” at the end of paragraph (a) and by repealing paragraphs (c) and (d).

31 The portion of subsection 4(5) of the Regulations before paragraph (a) is replaced by the following:

(5) For the purposes of section 214 of the Act, a safety certificate issued under section 13 of the Vessel Safety Certificates Regulations is required in respect of a Canadian vessel that

Vessel Registration and Tonnage Regulations

32 Subparagraph 1.1(1)(d)(i) of the Vessel Registration and Tonnage Regulationsfootnote 15 is replaced by the following:

33 (1) Paragraph 8(2)(b) of the Regulations is replaced by the following:

(2) Paragraph 8(3)(b) of the Regulations is replaced by the following:

Cargo, Fumigation and Tackle Regulations

34 The definitions inland voyage, inland waters of Canada, near coastal voyage, Class 2 and sheltered waters voyage in subsection 100(1) of the Cargo, Fumigation and Tackle Regulationsfootnote 16 are replaced by the following:

Administrative Monetary Penalties and Notices (CSA 2001) Regulations

35 Part 7 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulationsfootnote 17 is replaced by the following:

Violations of the Vessel Safety Certificates Regulations

PART 7

Item

Column 1

Provision of the Vessel Safety Certificates Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day
1 Section 6 1,250 to 25,000  
2 Paragraph 7(2)(a) 1,250 to 25,000  
3 Paragraph 7(2)(b) 1,250 to 25,000  
4 Paragraph 10(a) 1,250 to 25,000  
5 Paragraph 10(b) 250 to 5,000  
6 Paragraph 10(c) 1,250 to 25,000  
7 Paragraph 10(d) 1,250 to 25,000  
8 Section 12 1,250 to 25,000  
9 Paragraph 13(2)(a) 1,250 to 25,000  
10 Paragraph 13(2)(b) 1,250 to 25,000  
11 Paragraph 15(a) 1,250 to 25,000  
12 Paragraph 15(b) 250 to 5,000  
13 Paragraph 17(1)(a) 600 to 10,000  
14 Paragraph 17(1)(b) 600 to 10,000  
15 Subparagraph 18(1)(a)(i) 1,250 to 25,000  
16 Subparagraph 18(1)(a)(ii) 250 to 5,000  
17 Subparagraph 18(1)(a)(iii) 1,250 to 25,000  
18 Subparagraph 18(1)(a)(iv) 1,250 to 25,000  
19 Paragraph 18(1)(b) 1,250 to 25,000  
20 Paragraph 18(2)(a) 1,250 to 25,000  
21 Paragraph 18(2)(b) 1,250 to 25,000  
22 Paragraph 19(a) 1,250 to 25,000  
23 Paragraph 19(b) 1,250 to 25,000  
24 Paragraph 19(c) 1,250 to 25,000  
Fire and Boat Drills Regulations

36 The definitions near coastal voyage, Class 1, sheltered waters voyage and unlimited voyage in section 1 of the Fire and Boat Drills Regulationsfootnote 18 are replaced by the following:

37 Paragraph 2(1)(b) of the Regulations is replaced by the following:

Small Vessel Regulations

38 Subsection 411(4) of the Small Vessel Regulationsfootnote 19 is replaced by the following:

(4) For the purposes of subsections (2) and (3), near coastal voyage, Class 2 and sheltered waters voyage have the same meaning as in section 1 of the Vessel Safety Certificates Regulations.

39 Subsection 509(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations.

Vessel Pollution and Dangerous Chemicals Regulations

40 The definition inland waters of Canada in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulationsfootnote 20 is replaced by the following:

Vessel Fire Safety Regulations

41 The definition sheltered waters voyage in subsection 1(1) of the Vessel Fire Safety Regulationsfootnote 21 is replaced by the following:

42 (1) The definitions near coastal voyage, Class 1, near coastal voyage, Class 2 and unlimited voyage in section 100 of the Regulations are replaced by the following:

(2) Section 100 of the Regulations is amended by adding the following in alphabetical order:

(3) Section 100 of the Regulations is renumbered as subsection 100(1) and is amended by adding the following:

(2) For the purposes of this Part, a reference to “near coastal voyage, Class 2” must be read as including a reference to “inland voyage”.

Related Amendments

Canada Shipping Act, 2001
Board of Steamship Inspection Scale of Fees

43 (1) Paragraph 11(1)(b) of the Board of Steamship Inspection Scale of Feesfootnote 22 is replaced by the following:

(2) Paragraph 11(2)(b) of the Regulations is replaced by the following:

Hull Construction Regulations

44 Section 7 of the Hull Construction Regulationsfootnote 23 is replaced by the following:

7 The structural strength of every ship to which these Regulations apply shall be sufficient for the service for which the ship is intended.

45 Section 85 of the Regulations and the heading before it are repealed.

Large Fishing Vessel Inspection Regulations

46 Section 6 of the Large Fishing Vessel Inspection Regulationsfootnote 24 is replaced by the following:

6 Sections 10 to 13.1, subsections 15(12) to (12.2) and (15) and sections 19.1, 22.1 and 24 to 27 apply in respect of every existing fishing vessel over 24.4 m in length or 150 tons, gross tonnage, that is not a sailing ship.

47 Section 8 of the Regulations and the heading before it are repealed.

48 Subsections 12(3) to (11) of the Regulations are repealed.

49 Subsections 13(2), (7) and (8) of the Regulations are repealed.

50 Subsection 13.1(1.1) of the Regulations is repealed.

51 Section 18 of the Regulations and the heading before it are repealed.

52 The heading before section 29 and sections 29 to 42 of the Regulations are repealed.

53 Schedules I, III and V to the Regulations are repealed.

Marine Machinery Regulations

54 The definitions component inspection certificate, harmful substance, inspection certificate, inspector, local steering gear control system, material test certificate, periodic general inspection, periodic special inspection, pressure vessel, and shipside door-operating mechanism in subsection 2(1) of the Marine Machinery Regulationsfootnote 25 are repealed.

55 The heading before section 6 and sections 6 to 25 of the Regulations are repealed.

56 Parts II to IV of Schedule I to the Regulations are repealed.

57 Parts II to IV of Schedule II to the Regulations are repealed.

58 Parts II to IV of Schedule III to the Regulations are repealed.

59 Parts II to IV of Schedule IV to the Regulations are repealed.

60 Parts II to IV of Schedule V to the Regulations are repealed.

61 Parts II to IV of Schedule VI to the Regulations are repealed.

62 Parts II to IV of Schedule VII to the Regulations are repealed.

63 Parts II to IV of Schedule VIII to the Regulations are repealed.

64 Parts II to IV of Schedule IX to the Regulations are repealed.

65 Parts II to IV of Schedule X to the Regulations are repealed.

66 Parts II to IV of Schedule XI to the Regulations are repealed.

67 Parts II to IV of Schedule XII to the Regulations are repealed.

68 Parts II to IV of Schedule XIII to the Regulations are repealed.

69 Parts II to IV of Schedule XIV to the Regulations are repealed.

70 Parts II to IV of Schedule XV to the Regulations are repealed.

Repeals

71 The following regulations are repealed:

Coming into Force

Registration

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

SCHEDULE 1

(Section 1)

Sheltered Waters Voyages — Waters

PART 1

Ontario

Item

Column 1

Waters

Column 2

Period

Lake Huron and Georgian Bay Region

1

North Channel in Lake Huron east of a line drawn from Bruce Mines to De Tour Light, Michigan, in the United States and west of a line drawn from Red Rock Point at the east end of Killarney to Cape Smith on Manitoulin Island

May 15 to October 15

2

The waters of Parry Sound and the waters off the Thirty Thousand Islands east of a line drawn from the southwest end of Franklin Island to the northeast end of Sandy Island and from the southwest end of Sandy Island to the east side of Fryingpan Island

May 15 to October 15

3

Colpoy’s Bay southwest of a line drawn from Cameron Point to Gravelly Point

May 15 to October 15

4

Georgian Bay east of a line drawn to the north from the mainland at a point at 44°51.5′N, 80°00.5′W to the southern tip of Giants Tomb Island and south of a line drawn from the northern tip of Giants Tomb Island to the mainland at Cognashene Point, including the waters of Severn Sound and the harbours of Penetanguishene and Midland

May 1 to October 31

5

Lake Huron south of the U.S.
navigation light #7 (Lake Huron Cut) west of longitude 82°24′W and north of the Fort Gratiot navigation light in Michigan, in the United States

May 15 to October 15

6

St. Clair River and the Detroit River south of the Fort Gratiot light and north of latitude 42°03′N at Bar Point, but not including Lake St. Clair

January 1 to December 31

7

Saint Marys River south of a line drawn from North Gros Cap, Ontario, to Point Iroquois, Michigan, in the United States and north of a line drawn from De Tour Village, Michigan, to Barbed Point on Drummond Island, Michigan, but not east of a line drawn from Chippewa Point on Drummond Island to Big Point on St. Joseph Island

May 15 to October 15

Lake Erie Region

8

Inner Bay and Long Point Bay west of a line drawn from Port Dover harbour to the southern tip of Long Point (42°33′N, 80°03′W)

May 1 to October 31
 

Lake Ontario Region

  

9

The waters between the mainland and Toronto Island (Toronto Inner Harbour) bounded in the west by the Western Gap with a line drawn from a point at 43°37.86′N, 79°24.13′W to a point at 43°37.82′N, 79°24.08′W, and bounded in the east by the Eastern Gap with a line drawn from a point at 43°37.87′N, 79°20.96′W to a point at 43°37.99′N, 79°20.83′W

January 1 to December 31

10

Lake Ontario, excluding the waters referred to in item 9, north of a line drawn from a point at 43°36.99′N, 79°28.59′W thence to a point at 43°35.95′N, 79°23.13′W and thence to a point at 43°36.78′N, 79°20.65′W

May 1 to October 31

11

Presqu’ile Bay near Brighton west of a line drawn north from Presqu’ile Point

January 1 to December 31

12

Bay of Quinte, North Channel and connecting waters, bounded in the east by a line drawn from Pleasant Point on the Cressy Point peninsula to Pig Point on Amherst Island, thence along the shoreline to the eastern extremity of Amherst Island (44°10.8′N, 76°37.1′W), thence to Salmon Island, and thence to Carruthers Point on the mainland shore near Kingston

January 1 to December 31

13

Lake Ontario near Wolfe Island that are

  • (a) east of a line drawn from Nine Mile Point on Simcoe Island to Long Point on Wolfe Island, thence to Bear Point on Wolfe Island; and
  • (b) west of a line drawn from Staley Point in Boat Channel northwest to a point on the Simcoe Island shore

May 1 to October 31

14

St. Lawrence River, other than the portions of Lake St. Francis that are in Quebec,

  • (a) northeast of a line drawn from Carruthers Point, on the mainland shore near Kingston, to Salmon Island thence to Snake Island, thence to Nine Mile Point on Simcoe Island;
  • (b) northeast of a line drawn from Staley Point in Boat Channel northwest to a point on the Simcoe Island shore; and
  • (c) north of a line drawn from the southern extremity of Wolfe Island at Bear Point to Tibbetts Point on the United States mainland

January 1 to December 31

15

Cook’s Bay on Lake Simcoe south of a line drawn from Jacksons Point to the northern tip of Fox Island thence to Leonards Beach (44°20.3′N, 79°32′W)

May 1 to October 31

16

Kempenfelt Bay on Lake Simcoe west of a line drawn from a point at 44°26.1′N, 79°31.5′W to Big Bay Point

May 1 to October 31

17

Rice Lake and Lake Couchiching on the Trent-Severn Waterway

May 1 to October 31

Lake Superior Region

18

Lake of the Woods north of latitude 49°N

May 15 to October 15

19

Thunder Bay Harbour (48°25’N, 89°12’W)

May 15 to October 15

20

Black Bay (48°41’N, 88°26’W)

May 15 to October 15

21

Nipigon Bay (48°52’N, 88°06’W)

May 15 to October 15

22

Trout Lake (51°12′N, 93°19′W)

May 15 to October 15

23

Big Trout Lake (51°00′N, 94°30′W)

May 15 to October 15

24

North Caribou Lake (52°47′N, 90°44′W)

May 15 to October 15

25

Lake St. Joseph (51°05′N, 90°22′W)

May 15 to October 15

26

Weagamow Lake (52°54′N, 91°21′W)

May 15 to October 15

27

Windigo Lake (52°34′N, 91°30′W)

May 15 to October 15

28

Winisk Lake (52°52′N, 87°16′W)

May 15 to October 15

29

Wunnumin Lake (52°55′N, 89°08′W)

May 15 to October 15

PART 2

Quebec

Item

Column 1

Waters

Column 2

Period

1

Missisquoi Bay in Lake Champlain north of latitude 45°01′N

January 1 to December 31

2

Deux Montagnes Lake (45°30′N, 74°12′W)

January 1 to December 31

3

Mégantic Lake (45°30′N, 70°53′W)

January 1 to December 31

4

Memphrémagog Lake (45°01′N, 72°14′W)

January 1 to December 31

5

Lake Saint-François (45°13′N, 74°14′W)

January 1 to December 31

6

Lake Saint-Louis (45°24′N, 73°50′W)

January 1 to December 31

7

St. Lawrence River between Trois-Rivières and Saint-Jean-de-l’Île-d’Orléans, bounded in the west by longitude 72°40′W and in the east by longitude 70°53′W

January 1 to December 31

8

Saguenay River west of a line drawn from Pointe Noire (48°07.433′N, 69°42.979′W) to Pointe Rouge (48°08.098′N, 69°42.08′W)

January 1 to December 31

9

Lake Saint-Pierre bounded in the west by longitude 72°58′W and in the east by longitude 72°40′W

January 1 to December 31

10

Mingan Archipelago bounded in the west by longitude 64°14′W, in the east by longitude 63˚27′W and in the south by latitude 50°10′N

May 1 to September 30

11

Sept Îles Bay bounded by a line drawn from a point at 50°08.5′N, 66°31.5′W thence to a point at 50°04.5′N, 66°23.5′W thence to a point at 50°08′N, 66°15′W and thence to a point at 50°12.8′N, 66°13.5′W

January 1 to December 31

12

Havre aux Maisons Lagoon (Magdalen Islands)

April 1 to December 31

13

Grande Entrée Bay (Magdalen Islands), including Grande Entrée Lagoon, bounded by a line drawn from the northern light on the wharf at Grande-Entrée (47°33.377′N, 61°33.793′W) to the eastern tip of Sud Dune (47°33.547′N, 61°35.454′W)

April 1 to December 31

14

Plaisance Bay (Magdalen Islands) bounded in the east by a line drawn from Cape Moine-Qui-Prie (47°23.434′N, 61°46.395′W) to the northern extremity of Black Head on Entry Island (47°17.295′N, 61°41.396′W), thence along the west shore of Entry Island to the wharf at point 47°16.643′N, 61°43.1′W and thence to the northeastern tip of Dune Sandy Hook (47°16.135′N, 61°46.779′W)

May 1 to September 30

15

The waters lying within a radius of five nautical miles from the wharf at Percé (48°31.219′N, 64°12.652′W)

May 1 to September 30

16

Gaspé Harbour bounded in the east by longitude 64°24.8′W from the tip of Sandy Beach Point to the north shore of Gaspé Harbour

April 1 to October 31

17

Gaspé Bay bounded in the east by longitude 64°10′W

June 1 to October 31

18

Chaleur Bay, including the Restigouche River, bounded in the east by longitude 66°05′W

May 1 to October 31

PART 3

Nova Scotia

Item

Column 1

Waters

Column 2

Period

1

Bras d’Or Lake, Great Bras d’Or and connecting waters inside a line drawn from Carey Point (46°17.6′N, 60°25′W) to Noir Point (46°17.45′N, 60°24.8′W), and north of the seaward end of St. Peters Canal (45°39.2′N, 60°52.15′W)

May 1 to October 31

2

Annapolis Basin and Digby Gut inside a line drawn from Prim Point lighthouse (45°41.5′N, 65°47.2′W) to Victoria Beach at the entrance to Digby Gut (45°41.3′N, 65°45.5′W)

May 1 to October 31

3

Halifax Harbour and the waters inside a line drawn from the triangulation station on Osborne Head (44°36.75′N, 63°25.35′W) to the eastern extremity of Chebucto Head (44°30.15′N, 63°31.2′W)

January 1 to December 31

4

LaHave River north of a line drawn from a point at 44°16.03′N, 64°19.83′W to a point at 44°15.8′N, 64°22.1′W

May 1 to August 31

5

The waters inside a line drawn from the eastern extremity of Country Harbour Head (45°07.42′N, 61°38.73′W) to a point at Harbour Island (45°08.2′N, 61°37′W) and a line drawn from 45°08.3′N, 61°36.16′W, near Burke Point, to the light near Darby Point

March 1 to November 30

6

St. Anns Harbour inside a line drawn from Bar Point (46°17.80′N, 60°31.91′W) to a point at St. Anns Beach (46°17.72′N, 60°32.52′W) and including the waters of Jersey Cove

March 1 to October 31

7

Inner Sydney Harbour south of a line drawn from Amelia Point (46°09.04′N, 60°13.26′W) to Battery Point (46°09.05′N, 60°12.20′W)

May 1 to October 31

8

St. Margarets Bay north of a line drawn from Tilley Point (44°32.300′N, 64°01.000′W) to Mackerel Point (44°32.118′N, 63°56.800′W)

May 1 to September 30
PART 4
New Brunswick

Item

Column 1

Waters

Column 2

Period

1

Saint John Harbour inside the southern breakwater and inside a line drawn from the southern extremity of the northern breakwater (45°15.42′N, 66°02.72′W) to the eastern extremity of Partridge Island (45°14.42′N, 66°03.08′W)

January 1 to December 31

2

Shediac Harbour west of a line drawn from Pointe-du-Chêne (46°14.48′N, 64°30.7′W) to Cape Caissie (46°18.75′N, 64°30.6′W)

April 1 to December 31

3

Miramichi Bay west of a line drawn from the eastern shore of Neguac Beach (47°13.1′N, 65°01.3′W) to the eastern shores of Portage and Fox Islands and thence to the western point of Preston Beach (47°04.45′N, 64°57.05′W)

April 1 to December 31

4

Nepisiguit Bay inside a line drawn from Youghall Point (47°39.3′N, 65°37.42′W) to Carron Point (47°39.1′N, 65°37.39′W)

April 1 to December 31

5

Dalhousie Harbour and the Restigouche River west of a line drawn from Miguasha Point (48°04.06′N, 66°17.6′W), Quebec, to the mouth of the Charlo River (47°59.3′N, 66°17.2′W)

January 1 to December 31

6

Shippigan Bay inside the breakwater at Shippigan Gully (47°43.1′N, 64°39.85′W) and south of a line drawn from Canot Point (47°48.6′N, 64°42.3′W) to Pokesudie Point (47°48.8′N, 64°44.8′W)

April 1 to December 31

7

Miscou Harbour east of a line drawn from Black Point (47°53.2′N, 64°37.7′W) to Mark’s Point (47°53.9′N, 64°35.5′W)

April 1 to December 31

8

The waters of Passamaquoddy Bay as far as Campobello Island and inside a line drawn at the northern entrance to that bay from East Quoddy Head (44°57.5′N, 66°53.9′W) to Deadmans Head (45°02.45′N, 66°47.05′W)

January 1 to December 31

9

Little Shemogue Harbour inside a line drawn from a point at 46°10.201′N, 64°04.048′W on the east side of Little Shemogue Harbour to a point at 46°10.241′N, 64°05.091′W on the west side of Little Shemogue Harbour

April 1 to December 31

10

Shemogue Harbour inside a line drawn from Shemogue Head (46°11′N, 64°07.2′W) to Little Cape (46°10.879′N, 64°08.503′W)

April 1 to December 31

11

L’Aboiteau Harbour inside a line drawn from a point at 46°13.885′N, 64°17.875′W on the east side of that harbour to a point at 46°13.889′N, 64°17.951′W on the west side of that harbour

April 1 to December 31

12

Kouchibouguac River inside a line drawn from a point at 46°13.35′N, 64°21.933′W on the east side of Kouchibouguac River to Robichaud Wharf (46°13.889′N, 64°23′W)

April 1 to December 31

13

Aboujagane River inside a line drawn from Robichaud Wharf (46°13.889′N, 64°23′W) to a point at 46°13.510′N, 64°23.552′W on the west side of Aboujagane River

April 1 to December 31

14

Shediac Bay inside a line drawn from Pointe-du-Chêne (46°14.5′N, 64°30.8′W) to Pointe Grande-Digue (46°17.404′N, 64°32.064′W)

April 1 to December 31

15

Cocagne Harbour inside a line drawn from Pointe-aux-Renards (46°22.026′N, 64°33.733′W) to a point at 46°22.466′N, 64°34.9′W on the east side of Cocagne Island and from a point at 46°23.972′N, 64°36.666′W on the northwest side of Cocagne Island to Comierville Wharf (46°24.5′N, 64°36.933′N)

April 1 to December 31

16

Bouctouche Harbour and connecting waters inside a line drawn from a point at 46°27.633′N, 64°36.716′W on the southeast side of Dunne de Bouctouche to Saint-Thomas-de-Kent Wharf (46°26.855′N, 64°38.215′W)

April 1 to December 31

17

Richibucto Harbour and connecting waters inside a line drawn from a point at 46°42.583’N, 64°47.383’W on South Richibucto Beach to a point at 46°42.933′N, 64°47.383′W on North Richibucto Dune

April 1 to December 31

18

Baie de Saint-Louis and connecting waters inside a line drawn from a point at 46°46.999’N, 64°51.594′W on North Richibucto Dune to a point at 46°46.966′N, 64°52.382′W on South Richibucto Dune

April 1 to December 31

19

Kouchibouguac Bay and connecting waters inside a line drawn from a point at 46°50.221′N, 64°54.599′W on South Kouchibouguac Dune to a point at 46°50.633′N, 64°54.833′W on North Kouchibouguac Dune

April 1 to December 31

20

Rivière au Portage inside a line drawn from a point at 46°54.974′N, 64°53.365′W on the south side of Rivière au Portage to a point at 46°55.017′N, 64°53.326′W on the north side of Rivière au Portage

April 1 to December 31

21

Escuminac River inside a line drawn from a point at 47°03.467′N, 64°49.533′W on the south side of Escuminac River to a point at 47°03.485′N, 64°49.494′W on the north side of Escuminac River

April 1 to December 31
PART 5
Manitoba

Item

Column 1

Waters

Column 2

Period

1

Churchill River and connecting waters, extending to an area five nautical miles in radius seaward of Merry Rock (58°47.5′N, 94°12.2′W) located at the mouth of the river

July 1 to
August 31

2

Bolton Lake (54°16′N, 95°47′W)

May 1 to
September 30

3

Joint Lake (54°22.55′N, 95°24.766′W)

May 1 to
September 30

4

Munroe Lake (59°11.8′N, 98°33.25′W)

June 1 to
September 30
PART 6
British Columbia

Item

Column 1

Waters

Column 2

Period

1

Vancouver Harbour east of a line drawn from Point Atkinson to the"QA" buoy (49°16.6′N, 123°19.3′W), thence to the west end of the North Arm Jetty and thence to Point Grey, including False Creek and Indian Arm

January 1 to December 31

2

Fraser River east of a line drawn from Point Grey to the west end of the North Arm Jetty and along the western coasts of Iona Island and Sea Island, including the causeway between Iona Island and Sea Island, to a point on the south side of Sea Island at 49°11.2′N, 123°12.2′W, thence along a line drawn from 49°11.2′N, 123°12.2′W to a point at 49°11.2′N, 123°12′W, thence south to a point at 49°07.85′N, 123°12′W, thence to a point at 49°08.3′N, 123°14′W, thence to a point at 49°06.15′N, 123°19.3′W, thence to a point at 49°05.4′N, 123°19.3′W, thence to a point at 49°07.4′N, 123°14′W, thence to Pelly Point (49°06.6′N, 123°11.2′W) and south along the west coast of Westham Island to longitude 123°10′W and along that line of longitude south to latitude 49°04′N, and thence east along that line to the mainland coast

January 1 to December 31

3

The waters of Juan de Fuca Strait inside a line drawn south from the mainland along longitude 123°18.3′W to the southern edge of Trial Island (48°23.7′N, 123°18.3′W) and thence to the southern edge of Albert Head (48°23.6′N, 123°28.8′W), including Esquimalt Harbour, Selkirk Water and the navigable streams flowing into Victoria Harbour

January 1 to December 31

4

Alberni Inlet and the eastern channel of Barclay Sound as far west as Bamfield Inlet

January 1 to December 31

5

Nanaimo Harbour, including the waters inside a line drawn from Horsewell Bluff (49°12.7′N, 123°56.45′W) to Malaspina Point on Gabriola Island (49°11.5′N, 123°52.4′W), across Gabriola Island to the eastern extremity of False Narrows (49°08.1′N, 123°46.75′W), thence west along latitude 49°08.1′N to the western edge of Dodd Narrows

January 1 to December 31

6

Okanagan Lake

January 1 to December 31

7

The waters of the Strait of Georgia, Burrard Inlet and the Fraser River that are not included in items 1, 2 and 8 that are north of the border between Canada and the United States at the 49th parallel and east of longitude 123°22.666′W, but excluding the waters of Boundary Bay

January 1 to December 31

8

Howe Sound north of a line drawn from Gower Point to Cape Roger Curtis on Bowen Island, thence across Bowen Island to Point Cowan, and thence to Point Atkinson

June 1 to September 30

9

Quatsino Sound and the connecting waters as far west as Koprino Harbour

January 1 to December 31

10

Jervis Inlet inside a line drawn from Thunder Point to Ball Point and the connecting waters that are not seaward of Fox Island in Telescope Passage, including the Agamemnon Channel and Pender Harbour, inside a line drawn from Fearney Point to Moore Point

January 1 to December 31

11

Near Prince Rupert,

  • (a) the waters of Chatham Sound that are north of latitude 54°08.583’N and east of longitude 130°26.883’W;
  • (b) Prince Rupert Harbour and connecting waters, east of a line drawn from Straith Point (54°18.483’N, 130°28.4’W) to Observation Point (54°20.13’N, 130° 27.7’W); and
  • (c) Inverness Passage north of Osborn Point (54°09.034’N, 130°09.292’W) on Smith Island

January 1 to December 31

12

The bays, channels, inlets, and passages in the Gulf Islands west of a line drawn from the western extremity of Dodd Narrows, thence to the east along latitude 49°08.1′N to the eastern extremity of False Narrows (49°08.1′N, 123°46.75′W), thence along the western shore of Gabriola Island to Josef Point, thence to Cordero Point on Valdes Island, thence along the western shore of Valdes Island to Vernaci Point, thence to Race Point, thence along the western shore of Galiano Island to Rip Point, thence to Georgina Point on Mayne Island, thence along the western shore of Mayne Island to Campbell Point, thence to Grainger Point on Samuel Island, thence along the western shore to the eastern extremity of Samuel Island, thence to Winter Point on Saturna Island, thence along the western shore of Saturna Island to East Point, thence southwest along a line drawn from Point Fairfax on Moresby Island, thence south to the eastern extremity of Gooch Island, thence south to Wymond Point on Sidney Island, thence to Sallas Rocks and thence west to the northern extremity of Cordova Spit on Vancouver Island

January 1 to December 31

13

Clayoquot Sound east of a line drawn from Sharp Point (49°20.9′N, 126°15.6′W) to Cox Point (49°05.8′N, 125°53.3′W)

January 1 to December 31

14

Sooke Harbour, Sooke Basin, Sooke Inlet and Sooke Bay, inside a line drawn from Otter Point to Possession Point on Vancouver Island

January 1 to December 31

15

The waters that are

  • (a) in Lama Passage north of a line drawn east from Napier Point (52°07.90′N, 128°08.03′W) on Campbell Island to the Denny Island shore;
  • (b) in Gunboat Passage south and west of a line drawn from Georgie Point (52°11.12′N, 127°53.08′W) on Denny Island to Madigan Point (52°11.38′N, 127°53.50′W) on Cunningham Island;
  • (c) in Troup Passage south of Troup Narrows;
  • (d) in Seaforth Channel east of a line drawn from Christiansen Point (52°14.21′N, 128°10.88′W) to Lay Point (52°12.78′N, 128°10.36′W); and
  • (e) connected to the waters referred to in paragraphs (a) to (d).

January 1 to December 31

16

Kitimat Arm and Kildala Arm, north of a line drawn from Hilton Point (53°48.9′N, 128°52.266′W) through Louis Point (53°49.133′N, 128°45.633′W) on Coste Island to Steel Point (53°49.883′N, 128°42.333′W) on the mainland

January 1 to December 31

17

Portland Canal near Stewart, British Columbia, north of a line drawn from Glacier Point (55°49.133′N, 130°06.633′W) to Engineers Point on the opposite shore

January 1 to December 31

18

Nootka Sound, Muchalat Inlet, Tlupana Inlet, Tahsis Inlet, Zeballos Inlet, Hecate Channel and connecting waters that are

  • (a) east of a line drawn from Steamer Point (49°53.183′N, 126°47.883′W) northwest to the opposite shore; and
  • (b) north of a line drawn from Yuquot Point on Nootka Island east to Burdwood Point on the Vancouver Island shore

January 1 to December 31

19

Comox Harbour west of a line drawn from the navigation light on Goose Spit (49°39.618′N, 124°55.505′W) south to the Vancouver Island shore

July 1 to October 31
PART 7
Prince Edward Island

Item

Column 1

Waters

Column 2

Period

1

Charlottetown Harbour inside a line drawn from Canseaux Point (46°12.35′N, 63°08.42′W) to Battery Point (46°12.48′N, 63°7.58′W)

April 1 to December 31

2

Summerside Harbour inside a line drawn from Phelan Point (46°23.4′N, 63°49.9′W) to Indian Spit breakwater (46°22.8′N, 63°49.05′W)

April 1 to December 31

3

Cardigan Bay inside a line drawn from Panmure Head (46°08.7′N, 62°28′W) to Red Point (46°12.42′N, 62°28.25′W)

April 1 to December 31

4

South Lake inside a line drawn from a point at 46°24.45′N, 62°03.466′W to a point at 46°24.3′N, 62°03.766′W

April 1 to December 31

5

Colville Bay and Souris River inside a line drawn from Lobster Point (46°20.6′N, 62°16.2′W) to Swanton Point (46°20.533′N, 62°14.4′W)

April 1 to December 31

6

Rollo Bay inside a line drawn from Howe Point (46°18.266′N, 62°20′W) to Sheep Head (46°20.033′N, 62°17.7′W)

April 1 to December 31

7

Howe Bay inside a line drawn from Durell Point (46°16.55′N, 62°21.4′W) to Howe Point (46°18.266′N, 62°20′W)

April 1 to December 31

8

Spry Cove inside a line drawn from Spry Point (46°15.045′N, 62°22.53′W) to Durell Point (46°16.55′N, 62°21.4′W)

April 1 to December 31

9

Boughton River inside a line drawn from Solander Point (46°14.55′N, 62°25.25′W) to Spry Point (46°15.045′N, 62°22.53′W)

April 1 to December 31

10

Georgetown Harbour and connecting waters inside a line drawn from Launching Point (46°12.766′N, 62°24.466′W) to Boughton Spit (46°11.766′N, 62°25.9′W) to Panmure Head (46°08.7′N, 62°28′W)

April 1 to December 31

11

Murray Harbour inside a line drawn from Sable Point (46°01.366′N, 62°29′W) to Old Store Point (46°01.3′N, 62°28.733′W) and a line drawn from a point at 46°02.15′N, 62°29.01′W to a point at 46°01.912′N, 62°29.256′W

April 1 to December 31

12

Belle River inside a line drawn from a point at 45°58.45′N, 62°50.75′W to a point at 45°58.4′N, 62°50.72′W

April 1 to December 31

13

Flat River inside a line drawn from Jenyns Point (46°00.05′N, 62°53.616′W) to a point at 46°00.894′N, 62°53.818′W

April 1 to December 31

14

Pinette Harbour and connecting waters inside a line drawn from Pond Point (46°03.3′N, 62°57.333′W) to Pinette Point (46°02.55′N, 62°56.483′W)

April 1 to December 31

15

Orwell Bay inside a line drawn from Prim Point (46°03.166′N, 63°02.383′W) to Gallas Point (46°07.333′N, 62°57.733′W)

April 1 to December 31

16

Pownal Bay inside a line drawn from Gallas Point (46°07.333′N, 62°57.733′W) to Pownal Point (46°10.483′N, 62°59.2′W)

April 1 to December 31

17

West Hillsborough Bay inside a line drawn from Holland Cove Point (46°10.911′N, 63°08.22′W) to North Point, St. Peters Island (46°07.7′N, 63°10.4′W), thence to Rice Point (46°07.883′N, 63°13.25′W)

April 1 to December 31

18

Tyron River inside a line drawn from Birch Point (46°12.116′N, 63°31.666′W) to Tryon Head (46°12.343′N, 63°32.749′W)

April 1 to December 31

19

Cape Traverse inside a line drawn from Bells Point (46°13.22’N, 63°39.279’W) to a point at 46°13.96’N, 63°39.228’W

April 1 to December 31

20

Summerside Harbour and connecting waters inside a line drawn from Graham Head (46°20.35’N, 63°48.933’W) to Phelan Point (46°23.4’N, 63°50’W)

April 1 to December 31

21

Miscouche Cove inside a line drawn from Phelan Point (46°23.4′N, 63°50′W) to Ives Point (46°23.56′N, 63°53.166′W)

April 1 to December 31

22

Sunbury Cove inside a line drawn from Ives Point (46°23.56′N, 63°53.166′W) to Sunbury Point (46°24.02′N, 63°56.475′W)

April 1 to December 31

23

The waters inside a line drawn from Maximville (46°25.816′N, 64°08.45′W) to Rocky Point (46°31.333′N, 64°06.75′W)

April 1 to December 31

24

Percival Bay inside a line drawn from Rocky Point (46°31.333′N, 64°06.75′W) to Grande Digue Point (46°35.097′N, 64°06.564′W)

April 1 to December 31

25

West Egmont Bay inside a line drawn from a point at 46°36.95′N, 64°11.45′W to the West Point wharf breakwater (46°37.083′N, 64°22.333′W)

April 1 to December 31

26

Miminegash River and connecting waters inside a line drawn from a point at 46°52.774′N, 64°14.028′W to a point at 46°52.753′N, 64°14.032′W

April 1 to December 31

27

Skinners Pond inside a line drawn from a point at 46°57.931′N, 64°07.507′W to a point at 46°57.912′N, 64°07.537′W

April 1 to December 31

28

The waters of Tignish inside a line drawn from the northern breakwater (46°57’N, 63°59.7’W) to the southern breakwater (46°56.9’N, 63°59.7’W)

April 1 to December 31

29

The waters of Little Tignish Run inside a line drawn from a point at 46°56.163′N, 63°59.509′W to a point at 46°56.147′N, 63°59.486′W

April 1 to December 31

30

Kildare Creek inside a line drawn from Creek Point (46°51.282′N, 64°00.494′W) to a point at 46°51.216′N, 64°00.666′W

April 1 to December 31

31

The waters of Alberton Harbour, Cascumpec Bay, The Narrows, Malpeque Bay and connecting waters that are

  • (a) inside a line drawn from Kildare Point (46°48.233′N, 64°02′W) to Alberton South Light (46°48.016′N, 64°02.161′W);
  • (b) inside a line drawn from the north side of Palmer Inlet (46°45.233′N, 64°00.533′W) to the south side of Palmer Inlet (46°44.846′N, 64°00.304′W);
  • (c) inside a line drawn from the north side of Conway Inlet (46°39.616′N, 63°52.75′W) to the south side of Conway Inlet (46°39.416′N, 63°52.183′W); and
  • (d) inside a line drawn from a point at 46°34.433′N, 63°42.533′W on Billhook Island to Cape Aylesbury (46°34.074′N, 63°40.056′W)

April 1 to December 31

32

New London Bay inside a line drawn from a point at 46°30.853′N, 63°29.068′W on the west side of New London Bay to a point at 46°30.636′N, 63°28.073′W on the east side of New London Bay

April 1 to December 31

33

Rustico Bay inside a line drawn from a point at 46°27.416′N, 63°17.266′W on the west side of that bay to a point on the west end of Rustico Island (46°27.533′N, 63°15.35′W) and a line drawn from a point on the east end of that island (46°26.033′N, 63°14.033′W) to Brackley Point (46°25.911′N, 63°13.843′W)

April 1 to December 31

34

Covehead Bay inside a line drawn from a point at 46°25.798′N, 63°08.878′W on the west side of that bay to Cape Stanhope (46°25.803′N, 63°08.791′W)

April 1 to December 31

35

Tracadie Bay inside a line drawn from a point at 46°24.833′N, 63°02.616′W on Dalvay Beach to a point at 46°24.883′N, 63°02.3′W on the east side of Tracadie Bay

April 1 to December 31

36

Savage Harbour inside a line drawn from a point at 46°25.972′N, 62°50.07′W on the west side of that harbour to the light at the breakwater at that harbour (46°26.02′N, 62°49.941′W)

April 1 to December 31

37

Saint Peters Bay inside a line drawn from a point at 46°26.616′N, 62°44.466′W on the west side of that bay to a point at 46°26.71′N, 62°43.75′W on the east side of that bay

April 1 to December 31

38

North Lake inside a line drawn from a point at 46°28.12′N, 62°04.129′W on the west side of North Lake Run to a point at 46°28.112′N, 62°04.091′W on the east side of North Lake Run

April 1 to December 31
PART 8
Saskatchewan

Item

Column 1

Waters

Column 2

Period

1

Lake Diefenbaker (51°41.10’N, 107°09.30W)

June 1 to
November 30

2

Redberry Lake (52°60.30N, 106°39.30W)

May 1 to
September 30

3

Candle Lake (53°49.67′N, 105°18.802′W)

May 1 to
November 30
PART 9
Newfoundland and Labrador

Item

Column 1

Waters

Column 2

Period

1

Humber Arm east of a line drawn from Frenchman’s Head triangulation station (49°03.7′N, 58°09.85′W) to McIver’s Point triangulation station (49°04.6′N, 58°08.7′W)

May 1 to
October 31

2

Bull Arm inside a line drawn from Stanton Point (47°47.51′N, 53°50.34′W) to Stock Cove Point (47°46.78′N, 53°51.62′W)

April 1 to
October 31
PART 10
Northwest Territories

Item

Column 1

Waters

Column 2

Period

1

Kugmallit Bay south of a line drawn from Skiff Point on its western shore to a point at latitude 69°30′N on its eastern shore

June 1 to October 31

2

Cli Lake (61°59′N, 123°18.083′W)

June 1 to September 30

3

Duncan Lake (62°51′N, 113°58.066′W)

June 1 to September 30

4

Kasba Lake (60°18′N, 102°7.016′W)

June 1 to August 31

5

Lac La Martre (63°15′N, 117°55.083′W)

June 1 to September 30

6

MacKay Lake (63°55.066′N, 110°25.05′W)

July 1 to September 30

7

Mosquito Lake (62°36′N, 103°22.033′W)

July 1 to September 30

8

Nonacho Lake (61°59′N, 109°28.05′W)

June 1 to September 30

9

Point Lake (65°15.016′N, 113°4.066′W)

July 1 to September 30

10

Stark Lake (62°28′N, 110°20.05′W)

June 1 to September 30

11

Christie Bay, Great Slave Lake northeast of a line drawn from Utsingi Point (62°21.116′N, 111°40.774′W) true south to a point on the north shore of Etthen Island at 62°20.049′N, 111°40.776′W, and from the southwest point of Etthen Island (62°09.709′N, 111°52.536′W) to Pekanatui Point (62°08.12′N, 111°38.633′W) and thence east to a point on the mainland shore at 62°08.113′N, 111°36.337′W

June 1 to September 30

12

Great Slave Lake and its outflow into the Mackenzie River west of longitude 116°25′W and east of the Deh Cho Bridge

June 1 to September 30

13

Mackenzie River, including Mills Lake, downstream of the Deh Cho Bridge, and upstream of a line drawn across the river, near kilometre 140 from a point on the north shore at 61°19.174′N, 118°33.083′W, to a point on the south shore, near Axe Point, at 61°18.352′N, 118°32.197′W

June 1 to September 30

14

Great Slave Lake near Taltheilei Narrows, east of a line drawn from the southwestern extremity of Sachowia Point (62°22.559′N, 111°43.931′W) to Utsingi Point (62°21.115′N, 111°40.773′W) and west of longitude 111°21.75′W

June 1 to September 30

15

The North Arm of Great Slave Lake northwest of a line drawn from Whitebeach Point (62°28.159′N, 115°15.138′W) to a point on the opposite shore at 62°30.583′N, 115°10.25′W

June 1 to October 31

16

Great Slave Lake south of the Yellowknife River Bridge and north of a line drawn from a point at 62°17.328′N, 114°12.242′W on the mainland at the mouth of Wool Bay, thence to the southern tip of Ruth Island (62°17.372′N, 114°14.219′W), thence to a point at 62°15.967′N, 114°28.117′W in the West Mirage Islands, thence northwest to a point on the mainland at 62°21′N, 114°35′W

June 1 to October 31
PART 11
Nunavut

Item

Column 1

Waters

Column 2

Period

1

Northeast Bay, Dubawnt Lake, east of a line drawn from a point at 63°22.485′N, 101°06.517′W to a point at 63°20.054′N, 101°01.178′W

July 1 to
August 31

SCHEDULE 2

(Section 1)

Sheltered Waters Voyages Made by a Ferry

PART 1
Ontario

Item

Column 1

Points

Column 2

Period

1

Cochenour and McKenzie Island on Red Lake (51°04.3′N, 93°48.5′W)

January 1 to December 31

2

Glenora and Adolphustown (44°2.5′N, 77°03′W)

January 1 to December 31

3

Kingston (44°13.5′N, 76°28.3′W) and Marysville (44°11.4′N, 76°26.3′W)

January 1 to December 31

4

Kingston (44°13.5′N, 76°28.3′W) and Dawson Point (44°12.5′N, 76°25.2′W)

January 1 to December 31

5

Wolfe Island (44°08.6′N, 76°21.2′W) and Cape Vincent, New York, in the United States (44°07.4′N, 76°20.1′W)

January 1 to December 31

6

Wolfe Island (44°10′N, 76°30′W) and Simcoe Island (44°10.5′N, 76°30′W)

January 1 to December 31

7

Millhaven (44°11.3′N, 76°44.2′W) and Stella (44°10.1′N, 76°42.1′W)

January 1 to December 31

8

At the east end of Howe Island table d9 note *, a point at 44°18.2′N, 76°11.3′W and a point at 44°18.3′N, 76°11.5′W

January 1 to December 31

9

At the west end of Howe Island table d9 note *, a point at 44°16.4′N, 76°19.4′W and a point at 44°16.2′N, 76°19.3′W

January 1 to December 31

10

Abitibi River table d9 note *, a point at 49°17.5′N, 81°03.6′W and a point at 49°17.5′N, 81°03.7′W

January 1 to December 31

11

Moosonee (51°16′N, 80°37′W) and Moose Factory Island (51°15.5′N, 80°37′W)

January 1 to December 31

12

Cedar Point (44°48.3′N, 80°07.1′W) and Christian Island (44°49′N, 80°10.2′W)

January 1 to December 31

13

Virginia Beach (44°19′N, 79°17′W) and Georgina Island (44°21′N, 79°18′W)

January 1 to December 31

14

Sombra, Ontario (42°42.5′N, 82°28.5′W) and Marine City, Michigan, in the United States (42°42.5′N, 82°29.2′W)

January 1 to December 31

15

Any two or more of the following: the Walpole Island ferry terminal (42°37′N, 82°30.5′W), Algonac, Michigan, in the United States (42°37′N, 82°31′W), and Russell Island, Michigan, in the United States (42°36′N, 82°31′W)

January 1 to December 31

16

Amherstburg (42°06′N, 83°06.5′W) and Bois Blanc Island (42°06′N, 83°07′W)

January 1 to December 31

Table d9 note

Table d9 note *

Cable Ferry

Return to table d9 note * referrer
PART 2
Quebec

Item

Column 1

Points

Column 2

Period

1

The wharf at Saint-Joseph-de-la-Rive (47°26.926′N, 70°21.91′W) and the wharf at Île-aux-Coudres (47°25.26′N, 70°23.546′W)

January 1 to
December 31

2

The wharf at Montmagny (46°59.41′N, 70°33.216′W) and the wharf at Aux Grues Island (47°03.3′N, 70°31.894′W)

January 1 to
December 31

3

The wharf of the municipality of L’Isle-Verte (48°01.5′N, 69°20.983′W) and the public wharf at La Richardière (48°02.363′N, 69°24.368′W)

January 1 to
December 31

4

The wharf at Saint-Augustin (51°13.5′N, 58°39.1′W) and wharf at Pointe-à-la-Truite (51°10.9′N, 58°34.1′W)

May 1 to
November 30
PART 3
Nova Scotia

Item

Column 1

Points

Column 2

Period

1

The wharf at point 46°17.4′N, 60°32.5′W and the wharf at point 46°17.36′N, 60°32.348′W (Englishtown ferry route)

January 1 to
December 31

2

The wharf at point 45°59.53′N, 60°59.017′W and the wharf at point 45°59.572′N, 60°59.163′W (Little Narrows ferry route)

January 1 to
December 31

3

The wharf at point 45°10.15′N, 61°42.178′W and the wharf at point 45°10.476′N, 61°41.83′W (Country Harbour ferry route)

January 1 to
December 31

4

The wharf at point 44°17.754′N, 64°21.69′W and the wharf at point 44°18.17′N, 64°21.56′W (LaHave River ferry route)

January 1 to
December 31
PART 4
British Columbia

Item

Column 1

Points

Column 2

Period

1

Quathiaski Cove (50°02′32.01″N, 125°13′01.08″W) and Campbell River (50°01′41.61″N, 125°14′32.31″W)

January 1 to December 31

2

Skidegate Landing (53°14′46.96″N, 132°00′31.60″W) and Alliford Bay (53°12′41.45″N, 131°59′18.43″W)

January 1 to December 31

3

Any two or more of the following: Port McNeill (50°35′31″N, 127°05′15″W) on Vancouver Island, Sointula (50°38′N, 127°01′30″W) on Malcolm Island and Alert Bay (50°35′12″N, 126°55′50″W) on Comorant Island

January 1 to December 31

4

Any two or more of the following: Swartz Bay (48°41′21.86″N, 123°24′27.95″W), Montague Harbour (48°53′30.22″N, 123°23′23.11″W), Sturdies Bay (48°52′36.09″N, 123°18′54.80″W), Village Bay (48°50′40.46″N, 123°19′29.00″W), Otter Bay (48°48′01.66″N, 123°18′37.35″W) and Lyall Harbour (48°47′53.63″N, 123°11′42.45″W)

January 1 to December 31

5

Any two or more of the following: Preedy Harbour (48°58′52.65″N, 123°40′46.05″W), Telegraph Harbour (48°58′12.21″N, 123°39′33.95″W) and Chemainus (48°55′33.59″N, 123°42′50.07″W)

January 1 to December 31

6

Nanaimo Harbour (49°10′00.36″N, 123°55′51.54″W) and Descanso Bay (49°10′40.12″N, 123°51′32.33″W)

January 1 to December 31

7

McPhail Point (48°36′50.44″N, 123°30′59.23″W) and Brentwood Bay (48°34′38.47″N, 123°27′53.26″W)

January 1 to December 31

8

Snug Cove (49°22′47.96″N, 123°19′45.73″W) and Horseshoe Bay (49°22′36.00″N, 123°16′09.74″W)

January 1 to December 31

9

Saltery Bay (49°46′52.24″N, 124°10′37.54″W) and Earls Cove (49°45′12.81″N, 124°00′30.33″W)

January 1 to December 31

10

Crofton (48°51′56.86″N, 123°38′17.89″W) and Vesuvius Bay (48°52′52.50″N, 123°34′22.41″W)

January 1 to December 31

11

Fulford Harbour (48°46′07.62″N, 123°26′51.50″W) and Swartz Bay (48°41′21.86″N, 123°24′27.95″W)

January 1 to December 31

12

Langdale (49°25′54.72″N, 123°28′16.42″W) and Horseshoe Bay (49°22′36.00″N, 123°16′09.74″W)

January 1 to December 31

13

Buckley Bay (49°31′32.50″N, 124°50′52.78″W) and Denman Island (49°32′05.39″N, 124°49′24.18″W)

January 1 to December 31

14

Gravelly Bay (49°29.58″N, 124°42′30″W) and Hornby Island (49°30′45″N, 124°42′20″W)

January 1 to December 31