Part INoticePublished: October 10, 2020

Fee for Marine Insurance Certificates

Canada Gazette, Part I, Volume 154, Number 41: Regulations Amending the Marine Liability and Information Return Regulations (Certain Fees)

A proposed regulatory amendment would introduce a $98 user fee for each marine insurance certificate issued by Transport Canada under the Marine Liability Act, with a similar fee proposed for Wreck Removal Convention certificates under the WAHVA. The proposal was published on 2020-10-10, invited 30 days of comments, and, if adopted, the fee would be payable on application and intended to come into force on 2021-04-01.

Published
October 10, 2020
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
November 9, 2020
Effective date
April 1, 2021
Publication part
Part I

Summary

Summary#

These are proposed changes to the Marine Liability and Information Return Regulations to start charging a small fee for certain marine insurance certificates that are now issued free of charge. If adopted, applicants would pay $98 for each certificate; the proposal was published on October 10, 2020 and invites comments for 30 days.

What it does#

  • Adds a fixed fee of $98 for each certificate issued under the Marine Liability Act (the two certificates covered by the regulations).
  • Creates a similar fee rule for the Wreck Removal Convention certificate under the Wrecked, Abandoned or Hazardous Vessels Act (a separate set of regulations is proposed for that certificate).
  • Says the fee is payable when an application for a certificate is submitted.
  • States an intended coming-into-force date of April 1, 2021 if the regulations are adopted.
  • This is a proposal (Part I notice). Interested parties had 30 days after publication (October 10, 2020) to send comments to Transport Canada.

Who's affected#

  • Vessel owners and operators who need one of these state-issued insurance certificates to operate in Canadian waters. That most often means shipping companies and the owners of commercial vessels.
  • Most of the certificates go to Canadian-registered vessels. The government estimated about 2,788 certificates a year, of which about 2,147 would be for Canadian-owned vessels and 641 for foreign-owned vessels.
  • Many affected organizations are larger companies, but a small owner with one vessel would simply pay $98 per year per certificate.
  • The department handling this is Transport Canada (the unit that issues the certificates).

Why it matters#

  • The change shifts a small portion of the administrative cost of issuing international liability certificates from taxpayers to the vessel owners who benefit directly.
  • The government estimates the fee would cost Canadian vessel owners $1.48 million in present value over 2020–2029 (about $148,000 per year on average).
  • Carrying a valid certificate is a legal requirement under international conventions. Vessels without required certificates can be detained and face penalties, including fines (examples in the proposal include up to $250,000 on conviction under the Marine Liability Act and other administrative penalties for moving a detained vessel).
  • The fee level (set at $98) is presented as small compared with the cost of operating vessels and similar to fees charged by other countries that issue these certificates.

Key topics

Marine Liability and Information Return RegulationsMarine Liability ActMLAWrecked, Abandoned or Hazardous Vessels ActWAHVAService Fees ActTransport Canadamarine insurance certificatesWreck Removal Convention certificateCivil Liability Convention certificateBunkers Convention certificateInternational Convention on Civil Liability for Oil Pollution DamageInternational Convention on Civil Liability for Bunker Oil Pollution Damagemarine safetycertificate fee

Source: Canada Gazette

Official source