Vessel Construction and Equipment Rules

Summary#

The new Vessel Construction and Equipment Regulations replace and consolidate several older rules about how large commercial vessels are built and outfitted. They took effect on December 20, 2023 and apply mainly to vessels 24 m or more in length, updating Canadian rules to match international standards and adding some new safety requirements.

What it does#

• Combines many separate rules into one modern regulation so builders and owners have a single place to look for requirements for vessels 24 m or longer.
• Incorporates international rules by reference (for example, SOLAS and other IMO codes) and adds Canadian adjustments in a Transport Canada publication called TP 15415.
• Adds or clarifies safety requirements, including:
  • passenger lifejacket rules that require appropriate child and infant sizes to be available (new and existing passenger vessels must comply within one year);
  • a phased requirement to fit lifejackets with personal locator lights on grandfathered passenger vessels that operate after sunset: 20%, 40%, 60%, 80%, then 100% over the first 5 years after the regulations were registered;
  • new fire-protection equipment and smoke-detection rules for vessels without mechanical propulsion (for example, barges built after the rules took effect).
• Sets rules for when older vessels can keep following their old rules (grandfathering), and when parts replaced or major modifications must meet the new rules.
• Creates a formal process for accepting equivalent equipment or alternate designs without going to the Marine Technical Review Board (MTRB) every time—this is intended to speed up approvals and encourage innovation.
• Repeals four older regulations (for example, the Crew Accommodation Regulations and the Ships’ Elevator Regulations) and updates many related rules.
• Introduces or updates administrative monetary penalties, with new penalty ranges up to $250,000 for the most serious offences.

Who's affected#

• Owners and builders of commercial vessels that are 24 m or longer. Pleasure craft and most fishing vessels are excluded.
• Passenger-vessel operators in particular, because of the child/infant lifejacket and lifejacket-light requirements. Transport Canada estimated about 240 affected passenger vessels (total passenger capacity about 71,144), and about 147 of those operate after sunset (capacity about 46,188).
• Shipyards and designers, because the consolidated standards (including Canadian modifications in TP 15415) will guide new builds.
• Classification societies and other “recognized organizations” that inspect and approve ships under delegation from Transport Canada.
• Small businesses that operate some passenger ferries: some will face extra costs for lifejackets or lights, while others will save time and money because they no longer need to apply to the MTRB for common exemptions.
• Transport Canada enforcement staff and inspectors who will use the updated penalty ranges and inspection rules.

Why it matters#

• Easier to use: one consolidated regulation replaces scattered, older rules. That makes it faster and cheaper for shipbuilders and operators to find and follow the rules.
• Safety improvements: required infant-sized lifejackets, personal locator lights on lifejackets at night, better fire protection for certain barges, and updated lifeboat/release-mechanism standards aim to reduce risks to passengers and crew.
• Better alignment with international practice: using SOLAS and related IMO codes reduces differences between rules applied to vessels operating domestically and those operating internationally.
• Supports innovation: the new ability to accept equivalent equipment or designs without repeated MTRB applications should speed adoption of new technology.
• Financial impact: Transport Canada estimated total industry costs of about $2.94 million and cost savings of about $1.99 million, for a net monetized cost of about $0.95 million over 2023–2032 (these are the department’s estimates in the regulatory analysis).