ARCHIVED - Transport Canada

Amendments to the Aeronautics Act are underway to address fatigue management, liability insurance, aviation companies' management systems, analysis and reporting of safety data, and new compliance and enforcement tools.

Modernized legislative requirements to respond to industry needs.

These amendments will impact the number and severity of incidents related to various aeronautical issues.

Second reading of Bill C-6 was completed when the House of Commons adjourned on June 22, 2007.

New series of Canadian Aviation Regulations amendments to introduce a requirement for airports, flight training units and smaller commercial operations to have a safety management system in place that integrates operations and technical systems with financial and human resource management.

Safe operations and compliance with the Canadian Aviation Regulations.

Number and severity of incidents.

The SMS Regulations, addressing airports and air navigation service providers, were published in the Canada Gazette, Part I, on July 7, 2007.

New Canadian Aviation Regulations incorporating fatigue risk management systems into aviation maintenance organizations. These regulations are an extension of the safety management system approach to managing risks in the aviation environment.

Enhanced aviation safety due to a reduction of incidents related to operator fatigue.

Number and severity of incidents related to operator fatigue.

Consultation on these regulations is completed. Regulations were approved in February 2006 by the Civil Aviation Regulatory Committee (CARC). The regulations are undergoing legal review by the Department of Justice.

New Canadian Aviation Regulations¹ to address air rage and interference with crew members. The regulations will enhance the ability of air operators, private operators and their employees to deal with the growing problem of aviation passengers who are unruly or disruptive.

Enhanced aviation safety due to a reduction of air rage and disruption incidents.

Number and severity of incidents related to air rage and disruption incidents.

The regulation was pre-published in the Canada Gazette, Part I on May 19, 2007, and is expected to be published in the Canada Gazette, Part II later this fall.

Motor Vehicle Fuel Consumption Regulations setting mandatory fuel consumption standards to be met by manufacturers of passenger cars and light trucks in Canada.

Improved fuel efficiency of the new motor vehicle fleet in Canada and associated reductions in greenhouse gas emissions.

In FY 2006-07, only preliminary work was planned for this regulation, as the majority of the tasks will take in FY 2007-08.

• A Notice of Intent was published in the Canada Gazette, Part I in October 2006.
• A Transport Canada-led interdepartmental working group was formed to enhance collaboration in the development of the regulations.
• An analytical work plan was drafted to define all tasks required to develop new standards.

Canada Motor Vehicle Safety Standard 208 - Occupant Restraint Systems in Frontal Impact: Further research and a cost-benefit study are underway to ensure that seat belts and air bags are designed to provide optimal protection to belted occupants and that any injuries due to occupant protection system are minimized.

High speed crash tests to harmonize with the U.S. National Highway Traffic Safety Administration.

Improved female test dummy.

Reduced costs to industry.

Comparison of repeatability issues with female test dummy.

Additional cost benefit analysis underway.

Cost benefit analysis completed in 2006.

Female test dummy repeatability issues investigated and reported in 2006. Working on solutions.

Regulatory reform under theCanada Shipping Act, 2001(CSA 2001), is proceeding in a two-phase approach. Over 50 existing regulations will be overhauled into 17 regulations in Phase I, and the modernization of the remaining regulations will take place in Phase II. Phase I focuses on those that are needed to bring the act into force and is expected to be completed by early 2007. Phase II will concentrate on the existing regulations that are consistent with the act; generally, these regulations need only to be updated and modernized and not overhauled as those in Phase I.

A twenty-first century shipping law to promote safety on board vessels and to protect the marine environment in the context of a healthy, competitive marine industry.

Number and severity of marine incidents.

Number and severity of non-compliance.

Regulatory submission being prepared for final approval and publication in the Canada Gazette, Part II.

Ships Station (Radio) Technical Regulations, 1999²(revised), to enhance the crew's ability to alert shore-based search and rescue and other ships of an emergency situation. Enhancing a crew's ability to alert and communicate with others will minimize the potential for loss of life, property loss and damage and will potentially reduce severity of injuries and the cost of search and rescue efforts. Additionally, the same equipment can be used to enhance safety to navigation, as well as for ship operational communications. (CSA)

Enhanced marine safety and compliance.

Number and severity of incidents.

The amendments under the CSA were completed in 2006-07.

Safety Management Regulations² (revised), to ensure that Canada met its international obligations with respect to the certification of Canadian Convention ships under the International Convention for the Safety of Life at Sea (SOLAS), 1974. (CSA)

More streamlined and harmonized regulations.

Number and severity of incidents.

The amendments under the CSA were completed in 2006-07.

Vessel Certificates Regulations²(new), to ensure that a vessel is safe to proceed on a voyage and consists of ensuring that it has on board all of the documents required by the Act. These documents specify any limitations and confirm that proper inspections have taken place and that the vessel is in compliance with all requirements. These inspections are instrumental in ensuring that vessels do not create a hazard to human life or property. (CSA 2001)

Enhance marine safety and decrease hazard to human life or property.

Number and severity of marine incidents.

The new Regulations under the CSA 2001 were completed in 2006-07.

Load Line Regulations² (new), with regard to Canada's duty to remain current with its international obligations, the proposed regulations include the most recent amendments to the Convention and Protocol. (CSA 2001)

More streamlined and harmonized regulations.

Number and severity of marine incidents.

The new Regulations under CSA 2001 were completed in May 2007.

Vessels Registry Fees Tariff (revised), to provide a standard of fees with respect to the registration, listing or licensing of a ship. (CSA 2001)

More streamlined and harmonized regulations.

Number and severity of incidents.

The new Regulations under CSA 2001 were completed in May 2007.

Vessel Clearance Regulations² (new), to specify the documents related to life, property and the marine environment that are mandatory for vessels to be granted clearance for departure from a port in Canada on an international voyage. The proposed regulations set out in one place the documents required for vessel clearances for foreign vessels and Canadian vessels engaged on international voyages. (CSA 2001)

Enhanced marine safety and compliance.

Number and severity of incidents.

The new Regulations under CSA 2001 were completed in June 2007.

Vessel Detention Orders Review Regulations² (new), reproduce the procedures for the review of vessel detention orders that exist under section 307 of the CSA with only slight modifications. (CSA 2001)

Enhanced marine safety and compliance.

Number and severity of non-compliance.

The new Regulations under CSA 2001 were completed in June 2007.

Transport Canada's pollution prevention program will undergo a major update through the introduction of the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals (new) under the existing Canada Shipping Act (CSA). Once finalized, these new regulations will put Canada in a position to accede to the optional Annexes IV, V and VI of the International Convention for the Prevention of Pollution from Shipping (MARPOL) and the Anti-fouling Systems Convention.

Reduction in incidents related to the pollution of the environment from ship sources.

Cases of ship-source water pollution from harmful substances such as: oil, dangerous chemicals, sewage, garbage, and anti-fouling systems.

The proposed Regulations were pre-published in the Canada Gazette, Part I, on June 17, 2006. Regulatory submission being prepared for final approval and publication in the Canada Gazette, Part II.

Ballast Water Control and Management Regulations* (new), to harmonize with the International Maritime Organization's Ballast Water Convention, U.S. laws regarding ballast water, and the Great Lakes Water Quality Agreement of 1978. (CSA)

*title as gazetted

Reduced incidents related to ship source marine pollution.

Cases of introduction of non-indigenous aquatic organisms and pathogens that can be harmful to Canada's existing marine ecosystems.

The new Regulations under the CSA were completed in 2006-07.

Boating Restriction Regulations (revised) to provide for the establishment of restrictions to boating activities and navigation in Canadian waters. (CSA and CSA 2001)

Enhanced marine safety.

Number and severity of incidents.

The amendments under the CSA were completed in 2005-06.

Competency of Operators of Pleasure Craft Regulations (revised), impose competency requirements on operators of pleasure craft with amendments underway, under the current act, to improve the administration of the testing process to be followed by a reformed regulation, under the new act, to deal with theissue of course provider accreditation. (CSA and CSA 2001)

Enhanced marine safety for pleasure craft operators and boating community.

Number and severity of incidents.

The amendments were pre-published in the Canada Gazette, Part I, on October 1, 2005. Regulatory submission being prepared for final approval and publication in the Canada Gazette, Part II.

Life Saving Equipment Regulations (revised) (CSA)

Enhanced safety of children travelling on board Canadian vessels.

Number and severity of boating incidents involving children.

The amendments under the CSA were completed in 2006-07.

Administrative Monetary Penalties Regulations (new), to provide a graduated enforcement scheme and effective deterrents for violations on vessels operating in Canadian waters. (CSA 2001)

Enhanced marine safety and compliance.

Number and severity of non-compliance.

The legal drafting is in progress.

Cargo, Fumigation and Tackle Regulations (new), to rationalize existing rules for loading and stowing cargo. (CSA)

Enhanced marine safety.

Number of marine incidents caused by the improper carriage and handling of cargo.

The proposed Regulations were pre-published in the Canada Gazette, Part I, on February 3, 2007. Regulatory submission being prepared for final approval and publication in the Canada Gazette, Part II.

Collision Regulations (revised), to promote uniform measures and safe conduct of vessels. (CSA 2001)

Improved consistency of regulations and enhanced safety related to the conduct of vessels.

Number and severity of marine collisions.

The legal drafting is in progress.

Marine Personnel Regulations (new): To streamline the existing crewing and certification requirements into one regulation and add a labour component. (CSA 2001)

More streamlined and harmonized regulations.

Number and severity of marine incidents.

The proposed regulations were pre-published in the Canada Gazette, Part I, on February 3, 2007. Regulatory submission being prepared for final approval and publication in the Canada Gazette, Part II.

Vessel Registration and Tonnage Regulations (revised): These new regulations will clarify for stakeholders the requirements for registering and calculating the tonnage of their vessels as well as comply with the terms of the International Convention on the Tonnage Measurements of Ships (1969). (CSA 2001)

More streamlined and harmonized regulations.

Number and severity of non-compliance.

Regulatory submission being prepared for pre-publication in the Canada Gazette,

Part I.

Pursuant to the Pilotage Act, the four pilotage authorities have to provide safe and efficient pilotage services. The proposed amendments to their Pilotage Regulations result from distinct pilotage risk studies carried out by these authorities since 2001, on a series of recommendations contained in the 1999 report of the ministerial review of pilotage issues. The various regulatory initiatives aim at improving pilotage practices and procedures in the four pilotage regions to the benefit of service users.

Safe and efficient pilotage service to commercial vessels in Canadian compulsory pilotage waters.

Number of accident-free pilotage assignments.

Public consultations have been completed and legal drafting is in progress.

Marine Transportation Security Clearance Program: Amendments to the Marine Transportation Security Regulations to increase marine transportation security in Canadian marine facilities by requiring workers with certain key duties affecting security or cargo movement to obtain a transportation security clearance (TSC) from Transport Canada. In addition, workers requiring access to certain restricted areas will also be required to obtain a TSC. This initiative is being implemented in the ports of Vancouver, Halifax and Montreal, and will closely parallel requirements now in place in Canadian airports.

Implementation of the infrastructure (including effective regulatory framework), required to process the Marine Transportation Security Clearances.

Rate of incidents in restricted areas of marine facilities.

Completed an analysis of the approach and scope of the program. As a result of numerous consultations, the decision was made to move to a risk-based, which would involve implementation over a 2-year period using a phased approach, as well as a broadening of the scope geographically to include two very different regimes for container and cruise terminals. Phase 1 of the program will require implementation of all other ports to be fully implemented by December 15, 2008.

Development of regulations and/or security measures to support the screening of all checked baggage, as per the Minister's commitment to achieve 100 per cent screening of checked baggage at all designated airports by January 1, 2006.

Enhanced aviation security; alignment with international standards.

Percentage of screened checked

baggage at all designated airports (target: 100 per cent screened by January 1, 2006).

100 per cent voluntary compliance achieved for domestic and international flights departing from designated airports, thus exceeding ICAO requirements (which targeted only international aviation). The regulatory framework was published in the Canada Gazette, Part I in Fall 2006.

A review of the Canadian Aviation Security Regulations and security measures as required by the Public Safety Act (2002). Regulations to replace security measures no longer required to be confidential must be made within one year after the Notice of Intent is published in the Canada Gazette. A broader review and re-alignment of the aviation security regulatory framework is expected to take about four years to complete.

Increased transparency; enhanced aviation security.

Milestones: migration of select security measures to regulations; development and implementation of new regulatory framework that is more performance oriented and is based on the security management systems approach.

This is a multi-year initiative. In 2006-07 preliminary planning advanced.

The Transportation of Dangerous Goods Regulations will be amended to harmonize with international agreements, maintain reciprocity with U.S. provisions, revise means of containment standards to reflect new engineering developments and construction designs, and address emerging issues.

Improved level of safety in the transport of dangerous goods.

Number of accidental releases from means of containment during normal conditions of transport.

Amendment #6 was published in the Canada Gazette, Part I on September 30, 2006. Amendment #7 was published in the Canada Gazette, Part I on February 10, 2007.

Marine Liability Regulations: Compulsory Insurance for Injury or Death of Passengers.

Protection of marine passengers or their dependents from economic loss due to injury or death arising from a marine incident by ensuring that all marine carriers are insured to the level of their maximum liability to passengers, as established under the Marine Liability Act.

Number of non-conformance/compliance

Amendments to the MLA are scheduled for Cabinet discussion in Fall 2007. The regulations in compulsory insurance are being held in abeyance until the amendments are completed.

Regulations to address Port Container Trucking in Vancouver: amendments to Port Authorities Operations Regulations (November 2006) were further amended on August 1, 2007 to ensure that licensing systems established by the Vancouver and Fraser River Port Authorities incorporated rate stability mechanisms for owner-operator truckers.

To achieve labour stability in the owner-operated container trucking sector by regulating access to ports and ensuring that rates of remuneration for this sector are consistent with the unionized sector, and not less than the rates set out in the 2005 Memorandum of Agreement.

Dispute resolution mechanism established and managed by the Province of British Columbia.

Although not defined, performance measurement may be assessed as number of complaints submitted for mediation against those resolved.

Minister required to review effectiveness of regulations within two years of coming into effect. Will likely require consultation with broad range of stakeholders and analysis of performance.

New International Bridges and Tunnels Regulations as permitted under current legislation before Parliament as described in the International Bridges and Tunnels Act. These regulations will address safety, security and operations of these 24 vehicular and nine railway bridges and tunnels.

Consistent application of safety and security standards and assurance that these bridges and tunnels are operated and maintained in accordance with government's objectives.

Compliance by the bridge authorities with government regulations & directives based on the safety and security reports submitted to TC by bridge & tunnels owners and operators.

International Bridges and Tunnels Act received Royal Assent on February 1, 2007. The Act authorizes the development of regulations concerning safety and security of international bridges and tunnels.