Vessel Safety Certificates Regulations

Summary#

Transport Canada published proposed amendments to the Vessel Certificates Regulations, repackaged as the Vessel Safety Certificates Regulations, in the Canada Gazette, Part I on October 31, 2020. The proposal would clarify who needs what safety certificates, move many inspection details out of regulation and into administrative guidance, update voyage-area rules (including sheltered waters), and add reporting duties for vessel representatives. This is a proposal — comments were invited for 30 days after publication.

What it does#

• Changes the name and structure of the rules from Vessel Certificates Regulations to Vessel Safety Certificates Regulations and reorganizes the text to be clearer.
• Moves many technical inspection rules out of regulations and into administrative documents (a new Canadian Inspection Standard). This lets officials update inspection methods faster. It also adopts some international wording (HSSC).
• Updates which small or non‑convention vessels need a safety certificate:
  • Certificates would be required based on size and passenger count (vessels over 15 gross tonnage, and vessels of 15 gross tonnage or less that carry more than 12 passengers).
  • Removes older triggers (for example, having a boiler over 103 kPa used as a sole reason to require a certificate).
  • Excludes human-powered craft (for example, dragon boats) and many non‑self‑propelled barges from certificate rules (with exceptions for barges carrying people, oil or dangerous chemicals).
• Adds formal rules for the Continuous Synopsis Record (CSR) used on SOLAS ships so that Transport Canada’s practice of issuing and updating CSRs is reflected in regulation.
• Clarifies that vessels working on site for oil and gas operations (under certain federal offshore laws) are not covered by these vessel-safety regulations while on location.
• Restores and clarifies voyage definitions, including adding back “inland voyage” and “inland waters of Canada” (so Great Lakes voyages are treated differently than ocean voyages).
• Expands the sheltered‑waters definition by increasing the minimum distance from shore from 1 to 2.5 nautical miles, and adds 87 identified sheltered‑waters areas to the schedules.
• Requires authorized representatives to report to the Minister when inspection deficiencies are fixed and when vessel modifications or damage might affect certificate conditions. The Minister can review documents and inspect before confirming the certificate still applies.
• Includes consequential amendments across many marine, labour and pension regulations, repeals three older regulations, and creates specific administrative monetary penalties (AMPs) for failures. Penalties range up to $25,000 for serious contraventions.

Who's affected#

• Vessel owners, operators and their authorized representatives — especially commercial operators of small vessels, ferries, barges, and vessels that work near shore or on the Great Lakes.
• Operators of SOLAS (international) ships calling in Canada — because CSRs and SOLAS endorsements are put into regulation.
• Some oil and gas support vessels — the proposal clarifies when offshore work removes them from these rules.
• Inspection professionals and Transport Canada inspectors — inspection rules move from regulation into administrative standards.
• Businesses that apply for Marine Technical Review Board equivalencies; the proposal may reduce some of those applications.
• Foreign non‑SOLAS vessels that visit Canadian waters — they would need documents showing an equivalent level of safety.
• Small businesses that operate qualifying vessels — they may face small increases in administrative reporting.

If it is unclear whether a specific type of vessel is affected, owners should check the proposed definitions (size, passengers, voyage class) or seek clarification from Transport Canada.

Why it matters#

• The proposal aims to make the rules easier to read and closer to current practice. That can reduce confusion for operators and inspectors.
• Moving technical inspection methods into an administrative standard means inspection practices (for example, replacing drilled thickness checks with ultrasonic measurements) can be updated more quickly as technology changes.
• Restoring the “inland voyage” and expanding sheltered waters (to 2.5 nautical miles) can let some vessels operate in a wider area without needing higher‑level certificates. That can reduce costs and paperwork for Great Lakes and inland operators.
• Some businesses should save time and money because fewer Marine Technical Review Board applications are expected. The regulatory analysis estimated total monetized benefits of $0.5 million, costs of $0.14 million, and a net present value of $0.37 million over ten years.
• The proposal also tightens accountability: representatives must report fixes, damage or modifications. Failure to comply can bring AMPs (up to $25,000).
• This is a proposed regulatory change. It was open for comment after the Canada Gazette notice and is not law until the government finalizes it.