Canada Gazette, Part I, Volume 158, Number 22: Vessel Traffic Services Zones Regulations

June 1, 2024

Statutory authority
Canada Shipping Act, 2001

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

The proposed Regulations would address the following issues:

• The VTSZR and the ECAREG contain inconsistent and outdated terminology anchored in the since-repealed Canada Shipping Act, which can be confusing for stakeholders. For example, in the VTSZR, a “marine traffic regulator” is defined as “a person designated by the Commissioner of the Canadian Coast Guard pursuant to subsection 562.18(2) of the Act”; in this case, the Act referred to is the Canada Shipping Act, which was repealed in 2007. Similarly, the definition of “pollutant” in the ECAREG refers to section 654 of the repealed Canada Shipping Act.
• Despite the regulations having the same overarching objective of enhanced safety and operational efficiency, the criterion for mandatory reporting is different along the east, west and northern coasts of Canada. The ECAREG and the VTSZR currently apply to vessels of 500 GT or more, whereas the NORDREG have a lower tonnage threshold, applying to vessels of 300 GT or more. This difference creates an oversight gap and limits more comprehensive maritime domain awareness throughout Canadian waters, as the Canadian Coast Guard (via MCTS centres) does not receive reports from vessels between 300 and 500 GT along the east and west coasts. Vessels that are subject to the three vessel traffic services (VTS) regulations may not enter VTS zones without clearance from an MCTS centre (after it is verified that it is safe for them to proceed). When fewer vessels travelling in an area are tracked, the risk of an accident or incident occurring in Canadian waters is higher.
• The formats set out in the VTSZR and the ECAREG for reports are not aligned with international standards set out under IMO Resolution A.851(20). For example, in the IMO Resolution, reports are given specific names (e.g. sailing plan report, position report, etc.), whereas in the VTSZR and the ECAREG, these reports do not have specific names. Given the international nature of the shipping industry, having consistent and predictable reporting throughout all Canadian waters would improve efficiency of operations for maritime administrations and vessel operators alike. As an IMO member state and contracting party to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), Canada is expected to fulfill its obligations respecting the provision of vessel traffic services, by adopting and aligning IMO standards, reporting formats, and procedures into Canadian regulations to harmonize internationally.
• The VTSZR and the ECAREG currently require vessels to send a report to an MCTS centre 24 hours prior to entry into the vessel traffic zones, while the NORDREG have no specific time-bound equivalent reporting requirement. In the Arctic, a requirement to submit the report 24 hours in advance (or as soon as practicable) would afford MCTS a predictable window of time to evaluate vessel information prior to entry, in a manner similar to that on the east and west coasts. The 24-hour advance reporting requirement would optimize the ability for any safety and environmental concerns to be addressed as early as possible, while limiting the risk of delays for vessels at entry. Without this requirement for advance reporting, if there were an issue (e.g. inconsistencies in the information provided, missing information, etc.), vessels could be denied clearance to leave or proceed within a VTS Zone until the issue is resolved. This could cause delays and potentially impede transit of vessels through VTS zones.
• The existing framework does not allow TC the flexibility to quickly adjust the requirements for vessel reports in response to emerging or unanticipated safety risks, or to adapt to new regulatory requirements introduced by other Canadian regulations. Recent global events (e.g. the COVID-19 pandemic) have also highlighted the need for Transport Canada to request information from vessels when there are risks to the health of individuals on board the vessels, which can also affect marine safety. The proposed Regulations would incorporate by reference the RAMN for the MCTS to specify additional requirements to those set out in the Regulations that already require reporting. These requirements could relate to risks to the health of individuals on board the vessel or to marine safety. For example, if there were another pandemic (like COVID-19), vessels could be required to report any known cases of the disease on board.
• There are limited enforcement options available to address the contravention of VTS-related requirements. Given the nature of these requirements, warnings may be insufficient, and prosecution may be too harsh, to address non-compliance.

Background

Canada is a signatory to the International Maritime Organization’s International Convention for the Safety of Life at Sea (SOLAS), a comprehensive convention regarding the safety of merchant shipping. Among other things, the SOLAS Convention requires that signatories make provisions for safety-related radiocommunication services and that signatories wishing to adopt vessel traffic services follow guidelines developed by the IMO.

Under section 136(1) of the CSA 2001, the Governor in Council, on the recommendation of the Minister of Transport, is responsible for making regulations respecting vessel traffic services. In Canada, VTS are implemented through three sets of regulations: the Vessel Traffic Services Zones Regulations (VTSZR); the Eastern Canada Vessel Traffic Services Zone Regulations (ECAREG); and the Northern Canada Vessel Traffic Services Zone Regulations (NORDREG).

The VTSZR set out requirements for reporting and traffic services applicable to designated zones across Canada on both the east and west coasts, while the ECAREG is applicable exclusively on the east coast of Canada. The NORDREG, which came into force in 2010, sets out requirements for vessels operating primarily in Canadian Arctic waters (waters north of 60° N latitude) in addition to the waters of James Bay, Hudson Bay, and Ungava Bay. Neither the VTSZR nor the ECAREG have been amended since 2007, though they have long been identified as requiring updates.

The types of vessel traffic services provided vary by area and by type of risk being addressed. In Canada, VTS are provided by the Canadian Coast Guard (CCG) through MCTS centres in the regions. The VTSZR, the ECAREG, and the NORDREG are administered and enforced under the mandate of the MCTS to ensure the safe movement and monitoring of marine traffic through Canadian waters. In areas with shared or contiguous maritime boundaries (e.g. Juan de Fuca Strait between the Province of British Columbia and the State of Washington), the CCG works with the U.S. Coast Guard to provide VTS.

MCTS centres provide vessel traffic services in areas where monitoring marine traffic and interactions is considered essential for the safety and efficiency of navigation and the protection of the marine environment. In Canada, there are VTS zones for some port areas and approaches that experience heavy traffic, such as VTS zones in the Arctic, and VTS zones that cover the east and west coasts of Canada in their entirety. Before entering and when navigating within a VTS zone, vessels report prescribed information about the vessel and its intended route to the appropriate MCTS centre. Vessel traffic services enhance safety and protect the environment by providing information to vessels that contribute to the onboard navigational decision-making process. Through identification and monitoring of vessels in VTS zones, MCTS centres can assist in the protection of the environment and the coordination of emergency response and search and rescue.

Ships entering a VTS zone must report to the appropriate authorities, usually by radio, and then are monitored by an MCTS centre. These services augment navigational safety, thus contributing to the enhanced safety of vessels, their cargo and crew, as well as the marine environment. Vessels subject to the VTSZR, the ECAREG and the NORDREG may not enter VTS zones until they receive clearance from an MCTS centre. This affords MCTS officers the time to address any safety or environmental concerns before the vessel enters Canadian waters.

As noted above, before entering a VTS zone, vessels of a prescribed class must obtain clearance from an MCTS officer, as required by subsection 126(1) of the CSA 2001. Current regulations establish reporting requirements for mariners, such as the vessel’s identity, characteristics, and intended route, any defect in the ship’s hull, main propulsion system or steering system, radar, compass, radio equipment, anchor; any discharge, or threat of discharge, of a pollutant from the ship into the water; and any damage to the ship that may result in the discharge of a pollutant from the ship into the water. The reports are screened by MCTS officers to ensure that the vessel does not pose a risk to safe navigation or the marine environment prior to issuing the vessel clearance. A failure to communicate requested information to MCTS centres can result in delays or prohibitions on entry.

Beyond that which is set out under regulation, Part 3 (Vessel Traffic Services) of the RAMN provides additional or complementary information for mariners, including MCTS centre contacts and specific details about reporting requirements. MCTS centres and the CCG collaborate closely with TC to update the RAMN on an annual basis, ensuring that the document remains a practical operational tool. Similar to Notices to Mariners, which are periodic updates specific to nautical charts and aids to navigation, the RAMN remains evergreen and is regularly updated to ensure continued alignment with international conventions and VTS-related provisions.

The RAMN identifies the specific information that must be included in VTS reports sent to MCTS centres and highlights complementary information that is used to help determine whether clearance is granted or not. For example, in addition to the standard VTS-specific information (e.g. length, tonnage, registry) that is listed in the VTSZR, the ECAREG, and the NORDREG, the RAMN also requests the additional communication of certification requirements under international conventions, including the date and expiration of the International Safety Management (ISM) Certificate; the ISM document of compliance; the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 Certificate (known as Bunkers Convention Certificate); and the Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks. This information is used by MCTS centres to verify that vessels are following applicable requirements before granting them clearance to proceed through VTS zones.

The VTSZR, the ECAREG and the NORDREG are subject to transitional administrative monetary penalties (AMPs) established through subsection 426(2) of Bill C-47 (Budget Implementation Act, 2023, No. 1). These transitional provisions give TC the authority to issue AMPs for violations of certain requirements respecting vessel traffic services until regulations designating the violations come into force. These transitional AMPs would be designated under the new regulations as Part 18 of the schedule and would be added to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (AMPNR). The proposed Regulations would also designate two additional provisions [paragraphs 126(1)(a) and 126(1)(b) of the CSA 2001], as being subject to AMPs. These provisions would be added to Part 1 of the schedule under the AMPNR.

Objective

The objective of this proposal is to strengthen marine safety and environmental protection across Canada through consistent, reliable, and efficient vessel traffic services that are aligned with international standards, responsive to emerging safety risks, and enforceable.

Description

Administrative alignment

The proposed Regulations are intended to modernize Canada’s approach to VTS by repealing the VTSZR, the ECAREG and the NORDREG and consolidating their contents into a single regulation. Current regulations contain outdated definitions and references that need to be removed or updated to align with the CSA 2001. For example, the “marine traffic regulator” definition in the VTSZR includes a reference to subsection 562.18(2) of the repealed Canada Shipping Act. There are five outdated definitions and references in total. A new definition for the RAMN would also be added.

Harmonizing with international requirements

The proposed Regulations would also harmonize with IMO Resolution A.851(20), changing the current reporting formats under both the VTSZR and the ECAREG to be in alignment with international standards. These changes are anticipated to be strictly formatting updates with minimal costs.

24-hour reports

Currently, the NORDREG requires that vessels send a report as they are “about to enter” a VTS reporting zone. This would be replaced by the same reporting provision currently contained in the ECAREG and the VTSZR, which requires that vessels report at least 24 hours in advance of entering a VTS zone, or as soon as feasible before entering the VTS zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call.

Communication methods (radiotelephone or satellite) for submitting reports from vessels to MCTS centres, which are described in the RAMN according to zone specifications, would remain unchanged.

Incorporation by reference of the RAMN

The proposed Regulations would incorporate by reference Part 3, Vessel Traffic Services of the RAMN, which would remain available to affected stakeholders online on the CCG website for free and in both official languages. This incorporation would give legal effect to the details of the reports (e.g. the specific information that must be sent in the reports, such as the speed and course of a vessel, the destination and intended route, whether there are any dangerous goods on board) as set out in the RAMN. The incorporation would help facilitate timely updates to reporting requirements in response to new and emerging risks in the marine environment. The proposed Regulations would continue to set out the overarching requirements to send reports, as well as the timing and periodicity for sending these reports. Most updates to the RAMN would be routine or administrative in nature, such as updating coordinates or requesting documentation to demonstrate compliance with the latest Canadian regulatory requirements (for example sharing the vessel’s Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks).

The incorporation by reference of Part 3 of the RAMN could be used to request more detailed and supplementary reporting information related to risks to the health of onboard individuals or to marine safety. For example, reporting elements could be updated and implemented quickly in the RAMN in response to a pandemic or a new danger at sea like the loss of containers. This would help enable timelier implementation and enforcement of reporting requirements as compared to amending regulations, which can take several months or even years to complete.

Application of the proposed Regulations

The proposed Regulations would expand the mandatory reporting threshold to include all vessels of 300 GT or more. At present, the NORDREG already has a threshold of 300 GT or more, while both the VTSZR and the ECAREG have a threshold of 500 GT or more. The proposed Regulations would lower the threshold for the VTSZR and the ECAREG to 300 GT. Because SOLAS Chapter IV (“Radiocommunications”) provides radio equipment carriage requirements applicable to ships of 300 GT or more, lowering the threshold would provide a more consistent reporting system throughout Canadian VTS zones that is aligned with international practices.

The proposed Regulations would leave other reporting thresholds unchanged. These include

1. Vessels that are engaged in towing or pushing another vessel would need to report if the combined gross tonnage of the vessel and the vessel being towed or pushed is 500 gross tonnage or more; and
2. Vessels that are carrying as cargo a pollutant or dangerous goods, or vessels that are engaged in towing or pushing such a vessel.

The following thresholds are limited to local Eastern VTS Zones and Western VTS Zones and exclude (with the exception of vessels of 300 GT or more) the requirement to submit a report 24 hours in advance of entering a VTS Zone (as these vessels would, in most instances, already be travelling within the zones and already in Canadian waters):

• (a) Vessels that are 20 m or more in length other than
  • (i) pleasure craft that are less than 30 m in length,
  • (ii) fishing vessels that are less than 24 m in length and not more than 150 gross tonnage, or
• (b) Vessels that are engaged in towing or pushing another vessel or object, other than fishing gear, unless the vessel and object or other vessel are within a log booming ground, if
  • (i) the combined length is 45 m or more in length, or
  • (ii) the length of the other vessel or the object is 20 m or more in length.

Administrative monetary penalties

The proposed Regulations would amend the AMPNR to designate certain provisions as violations for which an AMP can be issued. Specifically, the proposed amendments would

• Designate paragraphs 126(1)(a) and 126(1)(b) of the CSA 2001 as violations, with a penalty range of $260 to $10,000; and
• Designate 24 provisions of the proposed Regulations as violations, with a penalty range of $260 to $10,000.

For example, the provisions contained within the proposed Regulations that would be designated under this proposal include requirements for communication to be maintained by vessels, as well as requirements respecting the content and presentation of reports, and the time frames under which reports are submitted. The AMPs schedule for the AMPNR would include violations currently covered under the transitional subsection 426(2) of the Budget Implementation Act, 2023, No. 1 as well as add two additional violations under the CSA 2001 related to paragraphs 126(1)(a) and 126(1)(b).

The established penalty ranges were determined in accordance with Transport Canada’s enforcement policy and an AMP framework that assesses several key criteria, including the gravity of the violation (minor, medium, serious) — which considers the type of violation and the potential consequences of non-compliance — as well as the category of violator (individual, corporation, or vessel). This framework was the subject of public consultations from May to June 2022 and was used as the basis for proposed amendments to the AMPNR. These amendments were recently published in the Canada Gazette, Part II.

The gravity classifications of existing violations designated under the AMPNR would remain the same. Due to the administrative nature of the vessel reporting requirements in the proposed Regulations, their classification would be considered as minor violations since such infractions would not directly result in a risk of harm to people or the environment.

Under the CSA 2001, marine safety and environmental protection regulations may apply with respect to an individual (e.g. master of the vessel, crew members, passengers), a corporation (e.g. a business) or a vessel, depending on the nature of the regulatory requirement. Vessels can be made the subject of an AMP in cases where the related legislative or regulatory requirements are directed specifically towards the vessel. However, these penalties are to be paid by the owner, operator, or authorized representative of the vessel, depending on the nature of the requirement and violation.

As a rule, to ensure AMPs are effective in deterring non-compliant behaviour, corporations and vessels are subject to higher penalties than individuals for the same or similar violations. The table below illustrates the penalty ranges that would apply for each category of violator.

Table 1: Proposed administrative monetary penalty ranges

Gravity of violation	Individual (person)	Vessel or corporation (person, other than individual)
Minor	$260–$1,250	$525–$10,000

While the maximum penalty under these amendments would be $10,000 per violation, this amount would generally be reserved for cases of non-compliance by large operators where multiple aggravating factors are present (e.g. a history of non-compliance, economic benefit gained from non-compliant behaviour). Thus, most AMPs administered would be under the maximum amount. It should also be noted that the purpose of an AMP is to bring a party back into compliance and is not intended to be punitive in nature. Therefore, an enforcement officer would consider the impact of the AMP on the non-compliant party when determining the amount of the penalty.

Regulatory development

Consultation

Transport Canada conducted consultations on the proposed Regulations during meetings of the Canadian Marine Advisory Council (CMAC) between spring 2022 and fall 2023. The CMAC is coordinated and chaired by Transport Canada and attended by a multitude of stakeholders and other parties that have a recognized interest in marine shipping, navigation and pollution matters, including vessel owners, operators, and marine and industry associations. Consultations were also conducted with the public through Transport Canada’s “Let’s Talk Transportation” website between July 11, 2022, and October 17, 2022. These “Let’s Talk Transportation” consultations outlined TC’s planned changes and were promoted to stakeholders through the CMAC Secretariat E-distribution list and on social media.

In addition, the proposed Regulations were highlighted through an information page on upcoming regulatory proposals that was included in a newsletter sent in September 2023 that provides regulatory engagement updates to Indigenous peoples. Indigenous communities and organizations were invited to comment on the proposed Regulations. No comments or feedback were received from Indigenous peoples.

Transport Canada has regularly engaged with the Canadian Coast Guard on the proposed Regulations through the TC/Marine Communication Traffic Services working group since February 2021. This group has provided TC and MCTS opportunities to work collaboratively on the development of the proposed Regulations and to develop the updates to the RAMN, Part 3, specific to Vessel Traffic Services information. The group continues to meet as needed for continued collaboration throughout the regulatory development process.

Industry stakeholders and associations

Discussions with shipping industry stakeholders and marine associations were conducted through consultations at CMAC, with the majority of those engaged supportive of measures to update the language of the proposed Regulations to ensure they are consistent with international standards developed by the IMO. There were no concerns raised and all questions were responded to during the CMAC presentations.

Consultations were also launched through TC’s “Let’s Talk Transportation” website from July 11, 2022, to October 17, 2022. The “Let’s Talk Transportation” consultation resulted in seven comments in total. Several of those providing feedback expressed a need to have more clarification on various aspects of the proposed Regulations. This included the potential burden the proposed Regulations could place on pleasure craft, commercial vessels and fishing vessels over 20 m. TC clarified that the proposed Regulations would not impact these vessel categories. In addition, it should be noted that ships engaged in towing or pushing any vessel or object within a log booming ground, pleasure yachts that are less than 30 m in length, and fishing vessels that are less than 24 m in length and not more than 150 GT, would continue to be exempted from reporting requirements under the proposed Regulations.

Most comments were in favour of consolidating the three existing regulations and standardizing national reporting through incorporation by reference of the RAMN. Stakeholders agreed that this would benefit them and create a more consistent and welcomed national approach for reporting. No comments were received with respect to the proposed 300 GT reporting threshold.

Stakeholder comments were addressed through a “Let’s Talk - What We Heard” document that was posted on January 24, 2023, on the “Let’s Talk” (Proposed) Canadian Vessel Traffic Services Regulations website.

Following the “Let’s Talk” consultations, a decision was made to include the 24-hour reporting requirement for NORDREG. This proposed requirement was presented to stakeholders during both the Prairie and Northern Regional CMAC, and at the National CMAC in November 2023. Stakeholders did not raise any concerns about the proposed 24-hour advance reporting requirement for Canadian Arctic waters.

Canadian Coast Guard

Since February 2021, TC and the CCG have been working together through the TC/MCTS working group to develop the proposed Regulations and make updates to Part 3 of the RAMN, specific to Vessel Traffic Services information. The CCG is supportive of the proposed Regulations and has indicated that impacts on their resources are expected to be small. The CCG confirmed that any impacts on operational resources would be managed within existing resources. With respect to the proposed changes to NORDREG reporting, the CCG strongly supports introducing mandatory 24-hour advanced reporting in the North in order to be able to adequately review reports, to reduce vessel congestion, and to improve overall levels of safety.

Global Affairs Canada

Transport Canada has regularly engaged with Global Affairs Canada (GAC) regarding the proposed Regulations, specifically as they pertain to the regulation of shipping within the Arctic areas of Canada’s Arctic Exclusive Economic Zone. Canada’s implementation of mandatory NORDREG reporting in 2010 was contested by several states, partly on the basis that the NORDREG may not be consistent with the United Nations Convention on the Law of the Sea (UNCLOS). Canada’s position remains that NORDREG was and is consistent with international law, and in particular with UNCLOS and other relevant International Maritime Organization instruments. Canada’s position refers to Article 234 of UNCLOS, which provides that “Coastal States have the right to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone.” As the substance of the Arctic content of the proposed Regulations would remain largely the same as the existing NORDREG, GAC has not identified any international legal jurisdictional issues or concerns regarding the proposed Regulations.

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 give rise to modern treaty obligations. The assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect. After examination, no specific treaty obligations were identified, but for good governance, treaty partners will be notified.

Instrument choice

Following the publication of the NORDREG in 2010, which aligned domestic reporting requirements with IMO Resolution A.851(20), TC determined it would be beneficial to combine and harmonize all three VTS regulations to improve clarity and ease-of-reference. The proposed Regulations would provide a harmonized approach that standardizes reporting requirements and vessel tonnage thresholds across all VTS Zones, and reporting processes for mariners while travelling through Canadian waters. In addition, the VTSZR and the ECAREG have not been updated since 2007 and consequently contain outdated terminology and references to regulations or specific provisions not aligned with IMO standards that can only be corrected through regulatory amendments. The NORDREG has not been updated since 2010.

Because protecting safety and the environment are key objectives of vessel traffic services, MCTS centres must verify that vessels wishing to enter, leave or travel within a VTS Zone are complying with the latest regulatory requirements as a condition for granting clearance to proceed. When new regulatory requirements are introduced via other Canadian regulations, MCTS centres must update the information they request from vessels to properly verify compliance (for example by requesting that vessels share the Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks to demonstrate compliance with the Wrecked, Abandoned, or Hazardous Vessels Act).

Because the VTSZR, the ECAREG, and the NORDREG have not kept up with the introduction of new regulatory requirements added through other Canadian regulations, the MCTS centres have been requesting the information necessary to verify compliance from vessels via the RAMN. The RAMN has been a long-standing practical tool for mariners and continues to be used to communicate operational marine related updates and other information required to remain compliant with the latest regulations and standards. This has proven to be an effective way of sharing the latest marine information to the industry. Because the Navigation Safety Regulations, 2020 require that the RAMN be carried onboard vessels, mariners are already familiar with the RAMN as the source for the latest updates on pertinent operational information, especially when needed to be communicated with a degree of urgency.

Incorporating the RAMN by reference would provide clarity and certainty to vessel operators that the details outlined in the RAMN are considered required elements of vessel reports. It would also allow the proposed Regulations to stay up to date with changes made through other Canadian regulations over time. In addition, the incorporation by reference of the RAMN would allow the CCG and TC to adjust the details of required reporting elements quickly in response to emerging risks and threats that may affect vessel traffic. All changes made to the RAMN would be in line with the objectives of vessel traffic services, which are to ensure that voyages through VTS Zones are conducted safely, and that the marine environment is protected. The RAMN would continue to be available online on the CCG website for free and in both official languages.

Finally, the use of AMPs is an ideal enforcement instrument because of the flexibility with a range of penalty amounts that are easily administered, and which provide an alternative to the use of warnings and prosecution. The CSA 2001 requires any provision of the Act and its regulations that are to be subject to AMPs in the event of non-compliance to be designated as a violation under the AMPNR. As a result, regulatory amendments to the AMPNR are required to achieve this objective.

Transport Canada considered non-regulatory options, such as policy guidelines and public outreach campaigns; however, these options would not provide certainty and clarity to stakeholders about reporting requirements in light of differences between regulations and the RAMN; would not fulfill Canada’s commitment to adopt Resolution A.851(20); and would not ensure that requirements are consistent across vessel traffic zones.

Any amendments to Part 3 of the RAMN would be made in accordance with Transport Canada’s Policy on the use of Incorporation by Reference, an internal document that came into effect on April 6, 2021, with the purpose of providing guidance for all regulations within TC’s purview that use incorporation by reference. Further, such amendments would be managed between the CCG and TC in collaboration with the Department of Justice. Any proposed amendments to Part 3 of the RAMN would need to continue to fall under the authorities of the Canada Shipping Act, 2001, align with the purpose of the regulations and fall within the scope of TC’s objectives and incorporation of reference authorities.

According to Navigation Safety Regulations 2020, section 142, RAMN is a mandatory document to be carried on board vessels. The master and authorized representative of a vessel must ensure that the most recent version of RAMN is kept on board.

Regulatory analysis

The proposed Regulations would consolidate and amalgamate the requirements of the VTSZR, the ECAREG and the NORDREG into one regulation and align reporting thresholds for vessels travelling in VTS areas in Canada. The total cost of the proposed Regulations is estimated to be $743,463 between March 2025 and February 2034 (present value in 2022 Canadian dollars, discounted to the first 12-month period between March 2025 and February 2026 at a 7% discount rate), of which $436,738 would be borne by Canadian vessel owners/operators, $24,432 by provincial governments and $282,293 by the Government of Canada.

The proposed Regulations would benefit stakeholders by consolidating vessel tonnage requirements, enhancing the consistency of terminology and standardizing reporting formats. Furthermore, the proposed Regulations would also incorporate by reference the use of the RAMN to allow for more timely updates of reporting requirements in response to emerging risks and threats that may affect vessel traffic. In addition, the proposal would enable Canada to fulfill its international commitment by aligning with the IMO’s standards. While these benefits are not quantified, it is expected that they would outweigh the estimated costs, as the proposed Regulations would support marine safety by allowing MCTS officers to ensure any safety or environmental concerns can be addressed before a reporting vessel enters Pacific or Atlantic waters.

Benefits and costs

Analytical framework

Benefits and costs for the proposed Regulations have been assessed in accordance with the Treasury Board of Canada Secretariat (TBS) Policy on Cost-Benefit Analysis. Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis. In accordance with this policy, taxes, levies, and other charges constitute transfers from one group to another and are therefore not considered to be compliance or administrative costs, including if intended as incentives to foster compliance and change behaviour. Correspondingly, the costs to pay for AMPs, as well as the revenue to the Government of Canada generated through AMPs, are not considered costs or benefits since they are outside the normal course of business, occurring only in instances of non-compliance.

Benefits and costs associated with the proposed Regulations are assessed based on comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the proposed Regulations. The regulatory scenario provides information on the expected outcomes of the proposed Regulations. Further details on these two scenarios are presented below.

The analysis estimated the impact of the proposed Regulations over a 10-year period from March 2025 to February 2034, with March 2025 being when the Regulations are expected to be registered. Each period consists of 12 months from March to the following February. The first period is from March 2025 to February 2026 and the last period is from March 2033 to February 2034. Unless otherwise stated, all values are expressed in present value in 2022 Canadian dollars, discounted to the first 12-month period starting in March 2025 at a 7% discount rate.

Stakeholder profile

According to the historical 2017–2021 vessel travel data in Canadian waters captured in TC’s Automatic Identification System (AIS),^{footnote 1} on average there were 164 Canadian flagged vessels between 300 GT and 500 GT, 78 of which travelled in the Atlantic and the Pacific VTS areas subject to the ECAREG and the VTSZR at different frequencies.^{footnote 2} Therefore, it is expected that the proposed Regulations would affect these 78 vessels,^{footnote 3} which are owned/operated by 46 Canadian businesses and provincial governments.^{footnote 4} More specifically, 74 vessels are owned or operated by Canadian businesses (71 travelling through the Atlantic VTS areas and 4 in the Pacific VTS area, with one vessel travelling in both VTS areas), and 4 by provincial governments.^{footnote 5}

The Government of Canada (represented by MCTS centres^{footnote 6}) would also be affected as it would use resources (MCTS employees) to review additional reports submitted by Canadian and foreign vessel owners/operators^{footnote 7} due to the proposed change in the reporting threshold. However, as per the TBS Policy on Cost-Benefit Analysis, costs and benefits that are in scope are those that are attributed to “Canadians,” defined as the Canadian community as a whole, and thus costs to Canadians (MCTS centres) of processing the additional foreign reports are included in this analysis, while costs to foreign vessel owners/operators are excluded.

Baseline and regulatory scenarios

Under the baseline scenario, vessels travelling in VTS areas in Canada would continue to be subject to the VTSZR, the ECAREG or the NORDREG, which have different reporting requirements and formats. In addition, Canada would not fulfill its international commitment, as the ECAREG and the VTSZR do not align with IMO Resolution A.851(20), even though vessel owners/operators have followed it as a current practice. Furthermore, while it is observed that all vessel owners/operators travelling in the VTS areas voluntarily follow the RAMN,^{footnote 8} the current regulations do not require the same level of detailed information relevant to navigational safety as the RAMN and do not allow for more timely updates of reporting practices to address emerging situations.

Since June 22, 2023, the three VTS regulations are subject to transitional AMPs established through subsection 426(2) of the Budget Implementation Act, 2023, No. 1. The transitional AMPs allow TC to issue monetary penalties for certain vessel traffic services violations until regulations designating the violations come into force (see the “Description” and “Instrument choice” sections for details). In addition, the CSA 2001 includes two provisions related to entering, leaving, or proceeding within a VTS Zone, which were not included in the transitional provisions and have not been designated, and, therefore, are not currently enforceable via monetary penalties.

Under the regulatory scenario, the proposed Regulations would align the reporting requirements for vessels travelling in all VTS areas in Canada by setting the reporting threshold at 300 GT or more, as well as integrating consistent terminologies. The proposed Regulations would harmonize with IMO Resolution A.851(20) (PDF) by introducing a uniform reporting format for vessels travelling in Canadian waters. Harmonizing with the IMO would not require additional information reporting as vessels already follow this IMO resolution as a best practice. Furthermore, the RAMN would be incorporated by reference, which would provide clarity and certainty to vessel operators that details outlined in the RAMN are considered required elements of vessel reports. The incorporation by reference of the RAMN would allow the CCG and TC to adjust the details of required reporting elements quickly in response to emerging risks and threats that may affect vessel traffic. In addition, the AMPs schedule for the proposed Regulations would include provisions under the transitional AMPs covered under section 426(2) of the Budget Implementation Act, 2023, No. 1 and add two provisions under the AMPNR (see the “Description” section for details).

It is worth noting that, in this analysis, operators of vessels of 500 GT or more would not be affected by the incorporation by reference of the RAMN into the proposed Regulations because they are expected to continue voluntarily complying with the RAMN based on the CCG and TC’s observations; however, if some of them chose not to do so in the future, then they would be impacted by updates to the RAMN, particularly updates on reporting requirements.

Detailed changes in reporting requirements between the baseline and regulatory scenarios are presented in Table 2 below.

Table 2: Changes in reporting requirements under the baseline and regulatory scenarios

VTS area	Baseline scenario	Regulatory scenario	Differences	New actions
Atlantic — ECAREG	Vessel reporting threshold: (1) 500 GT or more. When to report: (1) 24 hours in advance of entering the area; (2) after entering and leaving the area; and (3) when arriving and leaving a berth, and when a shipping accident occurs (circumstantial reports).	Vessel reporting threshold: (1) 300 GT or more. When to report: (1) 24 hours in advance of entering the area; (2) after entering and leaving the area; and (3) when arriving and leaving a berth, and when a shipping accident occurs (circumstantial reports).	Reporting threshold lowered from 500 GT or more to vessels of 300 GT or more.	Owners/operators of affected vessels (between 300 GT and less than 500 GT) report 24 hours before entering, after entering, when leaving the area, arriving at berth, leaving a berth, and when a shipping accident occurs.
Atlantic — VTSZR	Vessel reporting threshold: (1) 500 GT or more; or (2) 20 m or more in length. When to report, for vessels of 500 GT or more: (1) 24 hours in advance before entering the area; (2) before entering, after entering and leaving the area; and (3) circumstantial reports depending on the types of voyage and the arising of rare events (e.g. shipping accident) When to report, for vessels of 20 m or more in length: Same as above, except for the 24-hour report.	Vessel reporting threshold: (1) 300 GT or more; or (2) 20 m or more in length. When to report, for vessels of 300 GT or more: (1) 24 hours in advance of entering the area; (2) before entering, after entering and leaving the area; and (3) circumstantial reports depending on the types of voyages and the arising of rare events (e.g. shipping accident) When to report, for vessels of 20 m or more in length: Same as above, except for the 24-hour report.	Reporting threshold lowered from 500 GT or more to vessels of 300 GT or more.	Owners/operators of affected vessels (between 300 GT and less than 500 GT) submit a 24-hour report (note: historical data recorded in the AIS indicate that all affected vessels are 20 m or more in length.)
Pacific — VTSZR	Same requirements discussed under Atlantic —VTSZR.	Same proposed requirements under Atlantic — VTSZR.	Same changes discussed under Atlantic—VTSZR.	Same as those discussed under Atlantic — VTSZR.
Arctic and Northern Waters — NORDREG	Vessel reporting threshold: (1) 300 GT or more. - When to report: (1) When a vessel is about to enter the area.	Vessel reporting threshold: (1) 300 GT or more. - When to report: (1) 24 hours in advance of entering the area.	Vessels of 300 GT or more report 24 hours in advance of entering the area instead of reporting as they are just about to enter the area.	Owners/operators of affected vessels (300 GT or more) report 24 hours before entering the area.

Benefits

The proposed Regulations would clarify and standardize reporting requirements for vessels travelling in VTS areas across Canada and ensure the safe movement of marine traffic. The proposed Regulations would also harmonize with international requirements to allow Canada to fulfill its international commitments. In addition, the proposed Regulations would incorporate the RAMN by reference to allow the quick adjustment of reporting elements in response to emerging risks and threats that may affect vessel traffic. Also, by designating additional provisions as enforceable via AMPs (i.e. paragraphs 126(1)(a) and 126(1)(b) of the CSA 2001), the proposed Regulations would serve as an effective deterrent to non-compliance when reporting in a VTS Zone.

Consolidating regulations

The consolidation of the NORDREG, the ECAREG and the VTSZR into the proposed Regulations would increase the ease of reference as owners/operators of vessels travelling in Canadian VTS areas would only need to consult one regulation. The proposed Regulations would also update inconsistent terminologies and outdated references of the NORDREG, ECAREG and VTSZR to enhance the clarity and consistency of requirements across VTS regions.

In addition, the proposed Regulations would align the reporting thresholds across all VTS areas, thus increasing the number of reports submitted to the MCTS centres from owners/operators of both Canadian and foreign vessels. These additional reports would help the MCTS centres to better manage marine traffic in VTS areas as it would inform MCTS officers of all vessels of 300 GT or more travelling in the area and the purpose of their voyage, thus allowing them to communicate essential information (e.g. meteorological hazard warnings) that could augment navigational safety. As a result, the proposed Regulations could improve the operational safety of crews on board vessels, reduce the loss of cargo and properties, and better protect the marine environment.

Fulfilling Canada’s international commitments

Among the three regulations, the NORDREG is the only one that aligns with the IMO Resolution A.851(20). Aligning the proposed Regulations with the IMO Standards would enable Canada to fulfill its international commitments as an IMO member state.

Incorporation of the RAMN by reference

The proposed Regulations would incorporate by reference sections of the RAMN pertaining to the means of communications, reporting formats as well as the contents of reports. The incorporation of the RAMN would enable TC to enforce current practices, provide clarity and certainty to stakeholders, and allow the CCG and TC to adjust details of required reporting elements quickly in response to emerging risks and threats that may affect vessel traffic. While affected vessel owners/operators already follow the RAMN as a current practice, the incorporation of the RAMN would also ensure that the proposed Regulations remain consistent and up to date under SOLAS and IMO Standards. This would facilitate vessel owners/operators’ existing reporting activities as they would be able to use a common reporting format across VTS areas in Canada.

It should be noted that, while no new or additional reporting elements are currently expected to be required under the RAMN, the incorporation of the RAMN in the proposed Regulations would allow the CCG and TC to establish new requirements at any point after the proposed Regulations come into force.

Strengthen enforcement

AMPs are an enforcement tool designed to promote compliance with legislation and regulations and deter non-compliance. The proposed Regulations would provide TC enforcement officers the authority to impose monetary penalties when designated provisions of the CSA 2001 and the Vessel Traffic Services Zones Regulations are contravened. While most of these designations would codify penalties that can already be issued under the transitional provisions of the CSA 2001, the additional designations (i.e. paragraphs 126(1)(a) and 126(1)(b) of the CSA 2001) are expected to further promote and strengthen compliance with requirements that apply to vessels entering, leaving, or proceeding within vessel traffic services zones.

Costs

The proposed Regulations would set a uniform reporting threshold and require vessels travelling in VTS areas to report additional information to the MCTS centres. As a result, there would be an estimated 27 843 additional reports of which 15 006 would be completed by Canadian vessel owners/operators, 1 153 by provincial governments and 11 684 by foreign vessel owners/operators. All of these reports would be reviewed by the MCTS officers. Therefore, the total costs associated with the proposed Regulations are estimated to be $743,463 of which $436,738 would be carried by Canadian vessel owners/operators, $24,432 by provincial governments and $282,293 by the Government of Canada.

In addition, vessel owners/operators would need to align reporting formats under both the VTSZR and the ECAREG with the IMO Resolution A.851(20), without providing additional information. However, such alignment is expected to require minimal effort from affected stakeholders.

Cost to private vessel owners/operators

As detailed in Table 2, the proposed Regulations would set the vessel reporting threshold at 300 GT or more for vessels travelling in VTS areas in Canada, which would affect 74 vessels of 300 GT or more but less than 500 GT travelling in the Atlantic and the Pacific VTS areas (owned/operated by 46 businesses). Reporting costs to vessel owners/operators depend on a vessel’s travel frequency in a VTS area per year (see details below).

Note that the proposed requirement to report to MCTS centres 24 hours in advance of entering a NORDREG area, instead of reporting right before entering the area as required under the baseline scenario, is not expected to result in quantified costs to vessel owners/operators. This is because vessel owners/operators in this area would continue to report the same information, just earlier within the same period of analysis. Furthermore, no additional costs are expected as stakeholders did not raise concerns during consultations with respect to the proposed 24-hour advance reporting requirement.

Overall, vessel owners/operators of 74 affected vessels would bear a total cost of $436,738 associated with 15 006 additional reports to the MCTS centres.

(1) Vessels Travelling through the Atlantic VTS areas

Based on AIS data, it is expected that 71 vessels (owned/operated by 43 businesses) travelling through the Atlantic VTS areas would be affected by the proposed Regulations, of which

• 14 vessels (owned by 11 businesses) would travel 3 times in each period;
• 15 vessels (owned by 13 businesses) would travel 8 times in each period;
• 23 vessels (owned by 11 businesses) would travel 11 times in each period; and
• 19 vessels (owned by 15 businesses) would travel once in the first five periods and once in the last five periods;
  • 3 vessels would travel once in the first period and again in the sixth period;
  • 4 vessels would travel once in the second period and again in the seventh period;
  • 4 vessels would travel once in the third period and again in the eighth period;
  • 4 vessels would travel once in the fourth period and again in the ninth period; and
  • 4 vessels would travel once in the fifth period and again in the last period.^{footnote 9}

Based on TC subject matter expertise, it is assumed that the owners/operators of affected vessels would spend an average of 30 minutes to submit one report 24 hours in advance to the MCTS centres every time the vessels travel through the Atlantic, at an hourly wage of $77.48.^{footnote 10} As a result, it is estimated that the total costs to affected vessel owners/operators from submitting 4 188 additional reports 24 hours in advance would be $121,921.

Moreover, for vessels travelling in VTS areas subject to the current ECAREG, their owners/operators would also need to submit (1) two additional reports: one after entering and the other after leaving the VTS areas; and (2) circumstantial reports depending on the type of voyage (arriving and departing at berth) and, if applicable, the occurrence of a shipping accident.^{footnote 11}

Since the historical vessel travel data recorded did not indicate how many vessels travelled specifically in an Atlantic VTS area subject to the ECAREG, it is possible that not all of these 71 vessels would be affected by the proposed changes to the current regulations. However, assuming that all 71 vessels would travel in this VTS area, it is estimated that 8 376 additional reports would be submitted to the MCTS centres after the vessels enter and leave this VTS area. Using the time and wage rate assumptions presented above, the total cost associated with submitting one report after entering and another report after leaving the VTS areas would be $243,843.

For circumstantial reports submitted under the ECAREG with respect to arriving and departing at berth, it is estimated that a total of 2 156 additional reports would be submitted to the MCTS centres, based on two assumptions. It is assumed that, on average, four reports (two arriving at berth and two leaving berth) would be submitted per year by owners/operators of the 52 vessels travelling through the Atlantic VTS areas in each period. It is also assumed that, on average, two reports (one arriving at berth and one leaving berth) would be submitted per voyage by owners/operators of the 19 vessels travelling through the area once in a five-year period.

For circumstantial reports with respect to accidents, it is assumed that owners/operators of 14 affected vessels (owned by six businesses) would each report one shipping accident per vessel in the last period (based on an average of three shipping accidents per million commercial vessel-km in the marine transportation occurrences report). Thus, using the same wage and time assumptions mentioned, it is estimated that the total cost of submitting all 2 170 additional circumstantial reports would be $63,049.

Overall, the total cost for Canadian owners/operators of vessels that travel through the Atlantic VTS areas is estimated to be $428,813 from submitting 14 734 additional reports. However, as discussed, TC acknowledges that costs related to entering, leaving and circumstantial reports could be overestimated.

(2) Vessels Travelling in the Pacific VTS Area

It is expected that four vessels (owned/operated by four businesses) would be affected by the proposed Regulations, of which

• two vessels (owned by two businesses) would travel 8 times in each period;
• one vessel (owned by one business) would travel 11 times in each period; and
• one vessel (owned by one business) would travel once in the first period and once again in the seventh period.

Owners/operators of the above-mentioned vessels would need to submit additional reports 24 hours before entering the Pacific VTS area. Using the same wage and time assumptions mentioned, Canadian vessel owners/operators are expected to carry a cost of $7,925 to complete and submit 272 additional reports 24 hours in advance.

Cost to provincial governments

All four affected vessels owned by provincial governments would travel exclusively through the Atlantic VTS areas. This would result in a total cost of $24,432 from submitting a total of 1 153 additional reports. For these affected vessels, it is assumed that

• one vessel would travel 3 times in each period;
• one vessel would travel 8 times in each period;
• two vessels would travel 11 times in each period; and

Operators of these vessels would need to submit the reports to the MCTS centres 24 hours in advance. It is assumed that a Ship Officer (at the SO-MAO-06 level) would spend an average of 30 minutes to do so at an average hourly wage of $56.41.^{footnote 12} Therefore, the total cost of submitting 330 additional reports 24 hours in advance would be $6,995.

Vessels travelling in VTS areas subject to the ECAREG would also need to submit (1) two additional reports: one after entering and the other after leaving the VTS area; and (2) circumstantial reports depending on the type of voyage (arriving and departing at berth) and, if applicable, the occurrence of a shipping accident.

Assuming that all four provincially owned vessels travel through an ECAREG regulated area in the Atlantic,^{footnote 13} it is estimated that vessel operators would submit 660 additional reports to the MCTS centres after entering and leaving the VTS area. Using the time and wage rate assumptions presented above, the total cost associated with submitting these reports would be $13,989.

For circumstantial reports with respect to arriving and departing at berth, it is estimated that a total of 160 additional reports would be submitted to MCTS centres, based on the assumption that four reports (two arriving at berth and two leaving berth) would be required per year for each of the four vessels travelling through the Atlantic VTS areas annually.

For circumstantial reports with respect to accidents, it is assumed that one vessel owner/operator could report three shipping accidents (one in the fourth period, one in the seventh period and one in the last period). Thus, using the same assumptions of wage and time mentioned above, it is estimated that the total cost of submitting all 163 additional circumstantial reports would be $3,448. As discussed, TC acknowledges that costs related to entering, leaving and circumstantial reports could be overestimated.

Cost to the Government of Canada

It is expected that the Government of Canada (represented by MCTS centres) would incur total costs of $282,293. Of this total cost, $11,691 is associated with 1 153 additional reports from vessels owned by provincial governments, $152,141 due to the 15 006 total additional reports from Canadian vessel owners/operators and $118,461 due to the 11 684 total additional reports from affected foreign vessel owners/operators, which MCTS officers would review.

Costs related to training for enforcement officers and marine safety inspector (MSI) at TC on AMPs established through subsection 426(1) of the Budget Implementation Act, 2023, No. 1 are not considered in the analysis, as they are already accounted for in the baseline scenario. However, the costs to TC related to training on the two CSA 2001 designated provisions, such as updating training materials to reflect changes in the proposed Regulations, are expected to be minimal and would be managed through existing resources. Enforcement officers and MSI at TC would be made aware of these amendments, as discussed below.

All efforts and resources dedicated to preparing notifications for stakeholders, regional offices, enforcement officers and MSI at TC would occur before the proposed Regulations are registered. Consequently, the associated costs are excluded from the analysis as per TBS’s Policy on Cost-Benefit Analysis. However, minimal effort may be required to send the notifications immediately after the proposed Regulations are registered.

As previously discussed, 16 159 additional reports from Canadian vessels (from private owners/operators and provincial governments) would be submitted to MCTS centres. Assuming that an MCTS officer (RO-03 level) with an hourly wage of $53.98^{footnote 14} would spend on average 15 minutes to process each additional report (including communication of essential information to vessels, as needed), this would result in a cost of $163,832.

In addition, it is expected that 358 affected foreign vessels (95 travelling in the Atlantic and 274 in the Pacific)^{footnote 15} would report to MCTS officers. More specifically, in the Atlantic VTS area

• 26 vessels would travel 3 times in each period;
• 2 vessels would travel 8 times in each period;
• 2 vessels would travel 12 times in each period; and
• 65 vessels would travel once in the first five periods and once in the last five periods (13 vessels in each period).

In the Pacific VTS area

• 97 vessels would travel 3 times in each period;
• 19 vessels would travel 8 times in each period;
• 13 vessels would travel 12 times in each period; and
• 145 vessels would travel once in the first five periods and once in the last five periods (29 vessels in each period).

These foreign vessel owners/operators would submit the same additional reports previously discussed for Canadian vessels, which is estimated to be 11 684 reports in total. Therefore, this would result in a cost of $118,461 to MCTS centres.

Cost-benefit statement

• Number of 12-month periods: 10 (between March 2025 and February 2034)
• Present value base year: first 12-month period between March 2025 and February 2026
• Price year: 2022
• Discount rate: 7%

Table 3: Monetized costs (present value)

Impacted stakeholder	Description of cost	Period 1	Annual average: (periods 2–9)	Period 10	Total (present value) table b2 note 1	Annualized value
Private vessel owners/operators	Reporting — Annual vessels in the Atlantic	$56,289	$42,015	$30,618	$423,027	$60,229
	Reporting — Periodical vessels in the Atlantic	$581	$561	$421	$5,491	$782
	Reporting shipping accidents — Vessels in the Atlantic	$0	$0	$295	$295	$42
	Reporting — Annual vessels in the Pacific	$1,046	$781	$569	$7,861	$1,119
	Reporting — Periodical vessels in the Pacific	$39	$3	$0	$65	$9
	Subtotal	$57,955	$43,360	$31,903	$436,738	$62,182
Provincial government	Reporting — Annual vessels in the Atlantic	$3,243	$2,421	$1,764	$24,375	$3,470
	Reporting — Periodical vessels in the Atlantic	$0	$0	$0	$0	$0
	Reporting shipping accidents — Vessels in the Atlantic	$0	$5	$15	$57	$8
	Reporting — Annual vessels in the Pacific	$0	$0	$0	$0	$0
	Reporting — Periodical vessels Pacific	$0	$0	$0	$0	$0
	Subtotal	$3,243	$2,426	$1,780	$24,432	$3,479
Government of Canada	Processing all reports — MCTS	$37,490	$28,021	$20,634	$282,293	$40,192
	Subtotal	$37,490	$28,021	$20,634	$282,293	$40,192
All stakeholders	Total costs	$98,689	$73,807	$54,317	$743,463	$105,852
Table b2 note(s) Table b2 note 1 Figures may not add up to totals due to rounding. Return to table b2 note 1 referrer

Qualitative impacts

Positive impacts

• (1) The proposed Regulations would improve ease of reference, as there would be coherent terminology for requirements across all VTS areas in Canada, and would reflect best reporting practices under the RAMN, which vessel operators/owners currently follow.
• (2) Additional vessel reports would help the MCTS centres better manage traffic and communicate essential information with vessel owners/operators that could increase navigational safety.
• (3) In NORDGREG areas, reporting 24 hours in advance would give MCTS more time to process entry reports and resolve issues prior to entry.
• (4) The proposed Regulations would help Canada meet its international commitments to the IMO by aligning requirements with IMO Resolution A.851(20).

Negative impacts

• (1) Vessel owners/operators would need to align reporting formats under the VTSZR and the ECAREG with IMO Resolution A.851(20).

Small business lens

Analysis under the small business lens concluded that the proposed Regulations would impact 20 small businesses.^{footnote 16} A total cost of $121,825, or $ 5,297, per business would be assumed by small businesses for submitting 3 554 additional reports to MCTS centres. To verify the business size of vessel owners, the vessel travel data recorded in TC’s AIS was cross-referenced with the Canadian Register of Large Vessels and the best publicly available information.

Vessels travelling through the Atlantic VTS areas

Among the 43 businesses that own/operate 71 vessels travelling through the Atlantic VTS areas, the size of 28 businesses was identified: 12 (43%) are small businesses and 16 (57%) are medium or large businesses. These ratios were applied to estimate the size of the 15 businesses whose sizes are unknown; therefore, it is assumed that 6 would be small businesses. Eighteen small businesses owning/operating 23 vessels would be affected. More specifically

• 9 vessels (owned by 7 businesses) would travel 3 times in each period;
• 5 vessels (owned by 5 businesses) would travel 8 times in each period;
• 4 vessels (owned by 3 businesses) would travel 11 times in each period; and
• 5 vessels (owned by 5 businesses) would travel once within the first five periods and once within the last five periods;^{footnote 17}
  • one vessel would travel once in the first period and again in the sixth period,
  • one vessel would travel once in the second period and again the seventh period,
  • one vessel would travel once in the third period and again in the eighth period,
  • one vessel would travel once in the fourth period and again in the ninth period, and
  • one vessel would travel once in the fifth period and again in the last period.

As mentioned previously, owners/operators would assume additional reporting costs associated with (1) 24-hour reports in advance of entering VTS areas, (2) additional reports before entering and after leaving VTS areas, and (3) circumstantial reports. Using the same methodology and assumptions of time and wage rates presented above, it is estimated that the total cost to affected small businesses would be $119,410 due to the 3 472 additional reports. Of the total cost, $32,608 would be associated to 950 additional 24-hour reports, $65,215 to 1 900 additional reports made before entering and after leaving VTS areas, and $21,587 to 622 additional circumstantial reports.

Vessels travelling in the Pacific VTS areas

Among the four businesses that own/operate four vessels travelling in the Pacific VTS area, the size of two businesses was identified: one (50%) is a small-sized business and one (50%) is a medium or large-sized business. Using the same above-mentioned methodology, it is estimated that, among the two remaining businesses whose sizes were unknown, one would be a small business. More specifically

• one vessel would travel eight times in each period; and
• one vessel would travel once in the first period and again in the seventh period.

Using the same methodology and assumptions of time and wage rates presented above, it is estimated that the total cost to affected small business owners would be $2,415 associated to 82 additional 24-hour reports.

Although the 300 GT threshold would introduce incremental burdens on small business, the threshold was determined based on vessel size, not business size. Vessels over 300 GT are more likely to pose serious safety and/or environmental risks than smaller vessels. The threshold is based on the potential damage that a vessel could do, not the size of the vessel for business purposes. In addition, reports are typically submitted by email or radio; therefore, reporting requirements are not expected to be cumbersome for small businesses. Moreover, TC consulted stakeholders specifically about impacts to small businesses and no substantial concerns were raised.

Small business lens summary

• Number of small businesses impacted: 20
• Number of 12-month periods: 10 (between March 2025 and February 2034)
• Present value base year: first 12-month period between March 2025 and February 2026
• Price year: 2022
• Discount rate: 7%

Table 4: Administrative costs (present value)

Activity	Annualized value	Present value
Reporting to the MCTS centres	$ 17,345	$ 121,825
Total administrative cost	$ 17,345	$ 121,825
Cost per impacted small business table b3 note a	$ 754	$ 5,297
Table b3 note(s) Table b3 note a This is an average cost as costs per business varies depending on the number of vessels owned/operated by each business and the travel frequency of each vessel. Return to table b3 note a referrer

One-for-one rule

The one-for-one rule applies since there would be an incremental increase in the administrative burden on businesses. The proposal is, therefore, considered a burden “in” under the rule.

As previously explained, 46 businesses that own/operate the 74 affected vessels would assume additional reporting costs since, under the proposed Regulations, they would be obligated to report the required information (e.g. position of ship, port information) to MCTS officers at different points in their voyage. Using the assumptions previously defined and methodology developed in the Red Tape Reduction Regulations, it is estimated that the annualized additional administrative burden cost would be $19,998, or an annualized cost of $434.73 per business (present value in 2012 Canadian dollars, discounted to the year 2012 with a 7% discount rate for a 10-year period starting in 2025).

In addition, the proposed Regulations would repeal three regulatory titles (the VTSZR, the ECAREG, and the NORDREG) and replace them with one new regulatory title. As a result, a net of two titles “out” is counted under the rule.

Regulatory cooperation and alignment

The proposed Regulations are not related to any formal commitments under regulatory cooperation forums.

Following a five-year standard regulatory review, TC determined that there was a need to update the VTS regulations to remove outdated references and terminology, and that amalgamating the three VTS regulations to create one set of national, coherent regulations would help with ease of reference. In addition, aligning the proposed Regulations with the IMO standards would enable Canada to fulfill its international commitments as an IMO member state. Countries such as the United States, Sweden (SOUNDREP) and Singapore have also set a 300 gross tonnage reporting threshold.

In 1979, by formal agreement, the Canadian Coast Guard and the United States Coast Guard established the Co-operative Vessel Traffic Services (CVTS) for the Strait of Juan de Fuca region. The purpose of this agreement was to provide for a cooperative system of vessel traffic management in the applicable waters to enhance the safe and expeditious movement of vessel traffic while minimizing the risk of pollution of the marine environment. This agreement was put into place at that time to facilitate reporting in shared waters between Canada and the United States. The proposed Regulations would not impact this agreement as the reporting principles would remain unchanged.

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 (SEA) process was followed for this proposal and a Sustainable Transportation Assessment was completed. No important environmental effects are anticipated because of this proposal. The assessment considered potential effects to the environmental goals and targets of the Federal Sustainable Development Strategy (FSDS).

Gender-based analysis plus

The proposed Regulations are not expected to have any differential impacts based on identity factors such as race, gender, language, or sexuality. However, it should be noted that women are significantly under-represented in the maritime workforce/industry. Therefore, the proposed Regulations are expected to directly impact more men than women. However, the proposed Regulations are not expected to reinforce or exacerbate any existing disparity in the industry, as the requirements relate only to vessel traffic services.

Implementation, compliance and enforcement, and service standards

Implementation

Stakeholders would be notified of the new requirements by Transport Canada and through the Canadian Coast Guard. All elements of the proposed Regulations would come into force three months after the date of the final publication in the Canada Gazette, Part II. Until the proposed Regulations come into force, the current requirements would continue to apply. Principle stakeholders affected would be those with vessels of 300 GT or more that travel in the VTS Zones on the east and west coasts, and those with vessels travelling in northern VTS Zones subject to the 24-hour reporting requirement. Notifications to stakeholders and enforcement officers and MSIs at TC about the proposed Regulations would be published immediately following the publication in the Canada Gazette, Part II, through the CMAC E-distribution list, Ship Safety Bulletins, and RAMN’s Notice to Mariners. MCTS would also distribute information out to regional offices ahead of the publication date to ensure awareness and address the timing for coming into force. The CCG is supportive of the proposed Regulations and has indicated that their implementation would have little impact on MCTS resources or operational needs as the proposed Regulations would be implemented through existing resources.

The proposed Regulations would create an additional regime for enforcing the VTS requirements by designating provisions as violations for which AMPs can be issued and setting out maximum penalties for each designated provision. Companies and persons that comply with the proposed Regulations would not be impacted by the penalty regime. In addition, not all violations would result in TC pursuing an AMP. As detailed in TC’s oversight policy, other tools, such as warnings, prosecutions, or revocations, can be used to address violations. In all cases, the enforcement response taken by TC will continue to be shaped to achieve both compliance and deterrence.

There are no service standards planned for AMPs. In accordance with the transitional regime for AMPs, TC must issue an AMP no later than two years after the time when the subject matter of the proceedings arose. Given this constraint, TC would proceed quickly to address non-compliance when an AMP is the required enforcement action.

Payment of penalties would need to be made by credit card, or a certified cheque or money order made payable to the Receiver General for Canada, and would need to be made within 30 days after the day on which a notice of violation is served.

If an individual or business feels that an AMP issued pursuant to the CSA 2001 was wrongly issued, the individual or business may request a hearing before the Transportation Appeal Tribunal of Canada, an independent body from TC, which can review the violation and penalty amount.

Costs for AMPs training programs were developed and implemented by TC to ensure that enforcement officers take a consistent approach for any provisions under the CSA 2001. These training initiatives have already been included in other predetermined costs related to Bill C-47 following its implementation. As discussed, costs for the additional designations of the two CSA 2001 provisions (paragraphs 126(1)(a) and 126(1)(b)) are expected to be minimal and would be managed within TC’s existing resources. Notifications would be provided prior to the coming into force to ensure that enforcement officers and MSIs would have all the necessary information on the new AMPs provisions.

With respect to the new 300-GT reporting threshold, there is no additional training required, as MCTS centres are already familiar with the reporting procedures, and the only thing changing is the additional reports that are required for vessels. Similarly, no additional training is required to implement the additional 24-hour advance reporting requirement being introduced to northern VTS Zones, as the change only affects the timing of the reports, and not the report procedures.

Contact

Drummond Fraser
Manager
Legislative, Regulatory and International Affairs
Marine Safety and Security
Transport Canada
330 Sparks Street, Tower C, 11th Floor
Ottawa, Ontario
K1A 0N5
Email: drummond.fraser@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Vessel Traffic Services Zones Regulations under subsection 136(1)^{footnote a} and paragraphs 244(f)^{footnote b} to (h)^{footnote c} of the Canada Shipping Act, 2001 ^{footnote d}.

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Drummond Fraser, Manager, Legislative, Regulatory and International Affairs, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (email: drummond.fraser@tc.gc.ca).

Ottawa, May 23, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Vessel Traffic Services Zones Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act

means the Canada Shipping Act, 2001. (Loi)

berth

includes a wharf, pier, lock, anchorage or mooring buoy. (poste d’amarrage)

pollutant

has the same meaning as in section 185 of the Act. (polluant)

Radio Aids to Marine Navigation

means the document entitled Radio Aids to Marine Navigation, published by the Canadian Coast Guard, as amended from time to time. (Aides radio à la navigation maritime)

Incorporated documents — meaning of “ship”

2 For the purpose of interpreting any document that is incorporated by reference into these Regulations, “ship” is to be read as “vessel”.

General Provisions

Establishment of VTS Zones

3 The following VTS Zones are established:

• (a) the Western VTS Zones described in Schedule 1;
• (b) the Eastern VTS Zone described in Schedule 2;
• (c) the Local Eastern VTS Zones described in Schedule 3; and
• (d) the Northern VTS Zone described in Schedule 4.

Application

4 (1) These Regulations apply to the following vessels that are about to enter, leave or proceed within a VTS Zone:

• (a) vessels of 300 gross tonnage or more;
• (b) vessels that are engaged in towing or pushing another vessel, if the combined gross tonnage is 500 gross tonnage or more; and
• (c) vessels that are carrying as cargo a pollutant or dangerous goods, or vessels that are engaged in towing or pushing such a vessel.

Definition of dangerous goods

(2) For the purposes of paragraph (1)(c), dangerous goods means the substances, materials and articles referred to in the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time.

Prescribed classes

5 The vessels referred to in subsection 4(1) are prescribed as classes of vessels for the purposes of subsections 126(1) and (3) of the Act.

Radio Aids to Marine Navigation

Communication

6 The communication that is required under paragraph 126(1)(b) of the Act must be maintained in accordance with Part 3 of Radio Aids to Marine Navigation.

Content and provision of reports

7 The master must ensure that the reports required in these Regulations contain the information set out in Part 3 of Radio Aids to Marine Navigation and are provided to a marine communications and traffic services officer, in accordance with that Part.

PART 1
Western VTS Zones

Western VTS Zones

8 This Part applies in respect of the Western VTS Zones described in Schedule 1.

Application

9 (1) In addition to the vessels referred to in subsection 4(1), sections 11 to 15 apply to the following vessels that are about to enter, leave or proceed within a VTS Zone:

• (a) vessels that are 20 m or more in length other than
  • (i) pleasure craft that are less than 30 m in length,
  • (ii) fishing vessels that are less than 24 m in length and not more than 150 gross tonnage, or
• (b) vessels that are engaged in towing or pushing another vessel or object, other than fishing gear, unless the vessel and the other vessel or object being towed or pushed are within a log booming ground, if
  • (i) the combined length of the vessels is 45 m or more in length, or
  • (ii) the length of the other vessel or the object is 20 m or more in length.

Prescribed classes

(2) In addition to the vessels referred to in section 5, the vessels referred to in paragraph (1) are prescribed classes of vessels for the purposes of subsections 126(1) and (3) of the Act.

Sailing plan — 24 hours

10 If a vessel enters the VTS Zone from outside Canadian waters, the master of the vessel must ensure that a sailing plan is provided at least 24 hours before the vessel enters the VTS Zone or, as soon as feasible before entering the VTS Zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call.

Sailing plan – other

11 The master must ensure that a sailing plan is provided

• (a) at least 15 minutes before the vessel enters a VTS Zone, except if the vessel was granted a clearance to enter under paragraph 126(3)(a) of the Act;
• (b) at least 15 minutes before the vessel begins a manoeuvre in a VTS Zone that may be detrimental to safe navigation;
• (c) at least 15 minutes before the vessel departs from a berth within a VTS Zone; and
• (d) immediately before the vessel gets underway within a VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision.

Position report

12 The master must ensure that a position report is provided

• (a) when the vessel arrives at a calling-in-point described in Part 3 of Radio Aids to Marine Navigation;
• (b) as soon as feasible after the manoeuvre referred to in paragraph 11(b) is completed; and
• (c) immediately before the vessel departs from a berth within a VTS Zone.

Final report

13 The master must ensure that a final report is provided

• (a) on the arrival of the vessel at a berth within a VTS Zone; and
• (b) immediately before the vessel leaves a VTS Zone, except if the vessel enters any other VTS Zone.

Other reports

14 The master must ensure that a report is provided as soon as feasible after the master becomes aware of any of the following circumstances:

• (a) there is a fire or explosion on board the vessel;
• (b) the vessel is involved in a collision, grounding or striking;
• (c) the vessel makes unforeseen contact with the bottom without going aground;
• (d) there is a defect in the vessel’s hull, main propulsion system, steering system, anchor or any equipment that is required under the Navigation Safety Regulations, 2020;
• (e) the vessel’s seaworthiness is affected;
• (f) all or part of the vessel’s cargo shifts or falls overboard;
• (g) another vessel is in apparent difficulty;
• (h) there is an obstruction to navigation;
• (i) an aid to navigation is missing, out of position, malfunctioning or damaged;
• (j) there are ice or weather conditions that are hazardous to safe navigation;
• (k) there is a pollutant in the water;
• (l) a vessel that may impede the movement of the vessel or other vessels;
• (m) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to the health and well-being of individuals on board the vessel including the crew;
• (n) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to marine safety or the marine environment.

Deviation report

15 In the case of a significant change in the information contained in a report, the master must ensure that a deviation report containing the updated information is provided as soon as feasible after the master becomes aware of the change.

PART 2
Eastern VTS Zone

Eastern VTS Zone

16 This Part applies in respect of the VTS Zone described in Schedule 2.

Sailing plan — 24 hours

17 If a vessel enters the VTS Zone from outside Canadian waters, the master of the vessel must ensure that a sailing plan is provided at least 24 hours before the vessel enters the VTS Zone or, as soon as feasible before entering the VTS Zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call. However, the master does not need to provide the plan if the vessel is on a voyage between two ports in the VTS Zone.

Sailing plan — other

18 The master must ensure that a sailing plan is provided

• (a) more than one hour but not more than two hours before the vessel departs from a berth within the VTS Zone unless the vessel is proceeding to another berth in the same port; and
• (b) immediately before the vessel gets underway within the VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision.

Position report

19 The master must ensure that a position report is provided immediately after the vessel enters the VTS Zone, except if the vessel enters from a Local Eastern VTS Zone described in Schedule 3.

Final report

20 The master must ensure that a final report is provided

• (a) on the arrival of the vessel at a berth within the VTS Zone; and
• (b) immediately before the vessel leaves the VTS Zone, except if the vessel enters any other VTS Zone.

Other reports

21 The master must ensure that a report is provided as soon as feasible after the master becomes aware of any of the following circumstances:

• (a) there is a fire or explosion on board the vessel;
• (b) the vessel is involved in a collision, grounding or striking;
• (c) the vessel makes unforeseen contact with the bottom without going aground;
• (d) there is a defect in the vessel’s hull, main propulsion system, steering system, anchor or any equipment that is required under the Navigation Safety Regulations, 2020;
• (e) the vessel’s seaworthiness is affected;
• (f) all or part of the vessel’s cargo shifts or falls overboard;
• (g) another vessel is in apparent difficulty;
• (h) there is an obstruction to navigation;
• (i) an aid to navigation is missing, out of position, malfunctioning or damaged;
• (j) there are ice or weather conditions that are hazardous to safe navigation;
• (k) there is a pollutant in the water;
• (l) a vessel that may impede the movement of the vessel or other vessels;
• (m) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to the health and well-being of individuals on board the vessel including the crew;
• (n) there is a risk identified, in Part 3 of Radio Aids to Marine Navigation, to marine safety or the marine environment.

Deviation report

22 In the case of a significant change in the information contained in a report, the master must ensure that a deviation report containing the updated information is provided as soon as feasible after the master becomes aware of the change.

PART 3
Local Eastern VTS Zones

Local Eastern VTS Zones

23 This Part applies in respect of the Local Eastern VTS Zones described in Schedule 3.

Application

24 (1) In addition to the vessels referred to in subsection 4(1), sections 26 to 30 apply to the following vessels that are about to enter, leave or proceed within a VTS Zone:

• (a) vessels that are 20 m or more in length other than
  • (i) pleasure craft that are less than 30 m in length,
  • (ii) fishing vessels that are less than 24 m in length and not more than 150 gross tonnage; or
• (b) vessels that are engaged in towing or pushing another vessel or object, other than fishing gear, unless the vessel and the other vessel or object being towed or pushed are within a log booming ground, if
  • (i) the combined length is 45 m or more in length, or
  • (ii) the length of the other vessel or the object is 20 m or more in length.

Prescribed classes

(2) In addition to the vessels referred to in section 5, the vessels referred to in paragraph (1) are prescribed classes of vessels for the purposes of subsections 126(1) and (3) of the Act.

Sailing plan — 24 hours

25 If a vessel enters the VTS Zone from outside Canadian waters, the master of the vessel must ensure that a sailing plan is provided at least 24 hours before the vessel enters the VTS Zone or, as soon as feasible before entering the VTS Zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call.

Sailing plan – other

26 The master must ensure that a sailing plan is provided

• (a) at least 15 minutes before the vessel enters a VTS Zone, except if the vessel was granted a clearance to enter under paragraph 126(3)(a) of the Act;
• (b) at least 15 minutes before the vessel begins a manoeuvre in a VTS Zone that may be detrimental to safe navigation;
• (c) at least 15 minutes before the vessel departs from a berth within a VTS Zone; and
• (d) immediately before the vessel gets underway within a VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision.

Position report

27 The master must ensure that a position report is provided

• (a) when the vessel arrives at a calling-in-point described in Part 3 of Radio Aids to Marine Navigation;
• (b) as soon as feasible after the manoeuvre referred to in paragraph 26(b) is completed; and
• (c) immediately before the vessel departs from a berth within a VTS Zone.

Final report

28 The master must ensure that a final report is provided

• (a) on the arrival of the vessel at a berth within a VTS Zone; and
• (b) immediately before the vessel leaves a VTS Zone, except if the vessel enters any other VTS Zone.

Other reports

29 The master must ensure that a report is provided as soon as feasible after the master becomes aware of any of the following circumstances:

• (a) there is a fire or explosion on board the vessel;
• (b) the vessel is involved in a collision, grounding or striking;
• (c) the vessel makes unforeseen contact with the bottom without going aground;
• (d) there is a defect in the vessel’s hull, main propulsion system, steering system, anchor or any equipment that is required under the Navigation Safety Regulations, 2020;
• (e) the vessel’s seaworthiness is affected;
• (f) all or part of the vessel’s cargo shifts or falls overboard;
• (g) another vessel is in apparent difficulty;
• (h) there is an obstruction to navigation;
• (i) an aid to navigation is missing, out of position, malfunctioning or damaged;
• (j) there are ice or weather conditions that are hazardous to safe navigation;
• (k) there is a pollutant in the water;
• (l) a vessel that may impede the movement of the vessel or other vessels;
• (m) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to the health and well-being of individuals on board the vessel including the crew;
• (n) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to marine safety or the marine environment.

Deviation report

30 In the case of a significant change in the information contained in a report, the master must ensure that a deviation report containing the updated information must be provided as soon as feasible after the master becomes aware of the change.

PART 4
Northern VTS Zone

Northern VTS Zone

31 This Part applies in respect of the Northern VTS Zone described in Schedule 4.

Sailing plan

32 The master must ensure that a sailing plan is provided

• (a) at least 24 hours before the vessel enters the VTS Zone or, as soon as feasible before entering the VTS Zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call;
• (b) more than one hour but not more than two hours before the vessel departs from a berth within the VTS Zone unless the vessel is proceeding to another berth in the same port; and
• (c) immediately before the vessel gets underway within the VTS Zone if the vessel has been stranded, has stopped as a result of a breakdown in the main propulsion or steering system or has been involved in a collision.

Position report

33 (1) The master must ensure that a position report is provided

• (a) immediately after the vessel enters the VTS Zone; and
• (b) daily at 1600 Coordinated Universal Time (UTC), if a vessel is underway within the VTS Zone unless the information required by Regulation 19-1 of Chapter V of SOLAS, is being transmitted in accordance with that Regulation.

Definition of SOLAS

(2) For the purposes of paragraph (1)(b), SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended from time to time.

Final report

34 The master must ensure that a final report is provided

• (a) on the arrival of the vessel at a berth within the VTS Zone; and
• (b) immediately before the vessel leaves the VTS Zone.

Other reports

35 The master must ensure that a report is provided as soon as feasible after the master becomes aware of any of the following circumstances:

• (a) there is a fire or explosion on board the vessel;
• (b) the vessel is involved in a collision, grounding or striking;
• (c) the vessel makes unforeseen contact with the bottom without going aground;
• (d) there is a defect in the vessel’s hull, main propulsion system, steering system, anchor or any equipment that is required under the Navigation Safety Regulations, 2020;
• (e) the vessel’s seaworthiness is affected;
• (f) all or part of the vessel’s cargo shifts or falls overboard;
• (g) another vessel is in apparent difficulty;
• (h) there is an obstruction to navigation;
• (i) an aid to navigation is missing, out of position, malfunctioning or damaged;
• (j) there are ice or weather conditions that are hazardous to safe navigation;
• (k) there is a pollutant in the water;
• (l) a vessel that may impede the movement of the vessel or other vessels;
• (m) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to the health and well-being of individuals on board the vessel including the crew;
• (n) there is a risk, identified in Part 3 of Radio Aids to Marine Navigation, to marine safety or the marine environment.

Deviation report

36 In the case of a significant change in the information contained in a report, the master must ensure that a deviation report containing the updated information is provided as soon as feasible after the master becomes aware of the change.

PART 5
Related Amendments, Repeals and Coming into Force

Related Amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

37 Part 1 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations ^{footnote 18} is amended by adding the following in numerical order:

Item	Column 1 Provision of the Act	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
67.01	Paragraph 126(1)(a)	260 to 10,000
67.02	Paragraph 126(1)(b)	260 to 10,000

38 The schedule to the Regulations is amended by adding the following after Part 17:

PART 18

Violations of the Vessel Traffic Services Zones Regulations

Item	Column 1 Provision of the Vessel Traffic Services Zones Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Section 7	260 to 10,000
2	Section 10	260 to 10,000
3	Section 11	260 to 10,000
4	Section 12	260 to 10,000
5	Section 13	260 to 10,000
6	Section 14	260 to 10,000
7	Section 15	260 to 10,000
8	Section 17	260 to 10,000
9	Section 18	260 to 10,000
10	Section 19	260 to 10,000
11	Section 20	260 to 10,000
12	Section 21	260 to 10,000
13	Section 22	260 to 10,000
14	Section 25	260 to 10,000
15	Section 26	260 to 10,000
16	Section 27	260 to 10,000
17	Section 28	260 to 10,000
18	Section 29	260 to 10,000
19	Section 30	260 to 10,000
20	Section 32	260 to 10,000
21	Subsection 33(1)	260 to 10,000
22	Section 34	260 to 10,000
23	Section 35	260 to 10,000
24	Section 36	260 to 10,000

Repeals

39 The following Regulations are repealed:

• (a) Vessel Traffic Services Zones Regulations ^{footnote 19};
• (b) Eastern Canada Vessel Traffic Services Zone Regulations ^{footnote 20}; and
• (c) Northern Canada Vessel Traffic Services Zone Regulations ^{footnote 21}.

Coming into Force

Three months after publication

40 These Regulations come into force on the day that, in the third month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that third month has no day with that number, the last day of that third month.

SCHEDULE 1

(Sections 3 and 8)

Western VTS Zones

Item	Column 1 VTS Zone	Column 2 Description
1	Victoria	The waters bounded by Vancouver Island inside of a line drawn from Cape Sutil (50°52′34.23″ N, 128°03′07.24″ W) to Mexicana Point (50°54′51.96″ N, 127°59′58.04″ W) then to Cape Caution (51°09′50″ N, 127°47′06″ W) to 51°03′32″ N, 127°37′47″ W to 51°00′02″ N, 127°33′45″ W to 50°55′17″ N, 127°24′45″ W to 50°51′23″ N, 127°08′00″ W to 50°49′00″ N, 127°03′00″ W to 50°45′24.5″ N, 126°43′18″ W to 50°38′05″ N, 126°43′16″ W to 50°35′15″ N, 126°40′49″ W to 50°33′00″ N, 126°40′38″ W to 50°31′11″ N, 126°34′37″ W to 50°30′41″ N, 126°17′49″ W to 50°29′56″ N, 126°12′48″ W; thence following the shoreline to 50°29′06″ N, 126°05′36″ W to 50°29′02″ N, 126°04′51″ W; thence following the shoreline to 50°28′32″ N, 126°00′02″ W to 50°26′21″ N, 125°58′24″ W; thence following the south shore of Hardwicke Island to 50°24′34″ N, 125°48′38″ W to 50°23′09″ N, 125°47′00″ W; thence following the south shore of West Thurlow Island to 50°23′54″ N, 125°32′34″ W to 50°22′42″ N, 125°33′00″ W; thence following the south shore of East Thurlow Island to 50°21′13″ N, 125°25′53″ W to 50°20′34″ N, 125°24′28″ W to 50°17′44″ N, 125°23′59.5″ W to 50°16′38″ N, 125°22′55″ W to 50°14′54″ N, 125°21′53″ W; thence following the west shore of Quadra Island to 49°59′56″ N, 125°11′38″ W to 50°00′42″ N, 124°59′06″ W to 50°01′22″ N, 124°50′24″ W to 49°57′50″ N, 124°45′00″ W; thence following the shore in a southeasterly direction, excluding Powell River, to 49°44′28″ N, 124°16′05″ W to 49°40′18″ N, 124°12′06″ W to 49°37′42″ N, 124°04′47″ W to 49°36′13″ N, 124°03′27″ W to 49°33′18″ N, 124°00′00″ W; thence following the south shore of the Sechelt Peninsula, including all the waters of Howe Sound and Burrard Inlet, to 49°15′54″ N, 123°15′44″ W to 49°15′27″ N, 123°16′42″ W to 49°06′23″ N, 123°18′04″ W; thence easterly to include those waters known as the main or south arm of the Fraser River to 49°11′45″ N, 122°54′51″ W to 49°11′45″ N, 122°54′12″ W; thence in a westerly direction to 49°05′16″ N, 123°18′31.5″ W to 49°00′00″ N, 123°05′20″ W; thence following the international boundary through the Strait of Georgia, Boundary Pass, Haro Strait and Juan de Fuca Strait to 48°28′36″ N, 124°40′00″ W; thence northerly to intersect the shoreline of Vancouver Island at 48°34′58″ N, 124°40′00″ W
2	Prince Rupert	The waters within the area bounded by the U.S. Alaska/Canada border, thence through Dixon Entrance to 54°42′25″ N, 130°36′55″ W to 54°42′06″ N, 130°31′47″ W; thence eastward following the shoreline to 54°42′17″ N, 130°28′42″ W to 54°38′55″ N, 130°26′48″ W; thence following the west shore of Maskelyne Island to 54°38′02″ N, 130°26′31″ W to 54°37′57″ N, 130°26′31″ W; thence following the west shore of Tsimpsean Peninsula to 54°11′53″ N, 129°58′51″ W to 54°09′38″ N, 129°57′37″ W; thence following the shoreline to 53°35′30″ N, 128°47′51″ W to 53°34′09″ N, 128°48′54″ W; thence following the shoreline to 52°49′09″ N, 128°23′24″ W to 52°48′19″ N, 128°23′26″ W; thence following the west shore of Roderick Island to 52°32′51″ N, 128°26′26″ W to 52°32′32″ N, 128°26′27″ W; thence following the west shore of Susan Island to 52°27′46″ N, 128°25′06″ W to 52°26′51″ N, 128°24′42″ W; thence following the west shore of Dowager Island to 52°22′02″ N, 128°22′30″ W to 52°22′02″ N, 128°20′13″ W; thence following the west shore of Don Peninsula to 52°15′27″ N, 128°17′36″ W to 52°15′27″ N, 128°13′19″ W; thence following the south shore of Dearth Island to 52°15′01″ N, 128°11′27″ W to 52°14′55″ N, 128°10′30″ W; thence following the south shore of Chatfield Island to 52°13′36″ N, 128°07′18″ W to 52°12′27″ N, 128°05′27″ W; thence following the south shore of Cunningham Island to 52°10′41″ N, 128°02′36″ W to 52°09′46″ N, 128°02′36″ W; thence following the west shore of Denny Island to 52°11′07″ N, 127°53′00″ W to 52°11′54″ N, 127°52′30″ W; thence following the shoreline to 52°16′11″ N, 127°44′55″ W to 52°14′48″ N, 127°45′51″ W; thence following the shoreline to 51°55′54″ N, 127°53′24″ W to 51°54′20″ N, 127°52′12″ W; thence following the shoreline to 51°41′33″ N, 127°53′17″ W to 51°36′13″ N, 127°51′44″ W to 51°28′45″ N, 127°46′03″ W to 51°22′27″ N, 127°46′30″ W; thence following the shoreline to 51°19′15″ N, 127°46′43″ W to 51°14′49″ N, 127°46′07″ W; thence following the shoreline to Cape Caution (51°09′50″ N, 127°47′06″ W) to Mexicana Point (50°54′51.96″ N, 127°59′58.04″ W) to Cape Sutil (50°52′34.23″ N, 128°03′07.24″ W); thence following the shoreline to 50°40′15″ N,128°21′40″ W to 50°38′18.20″ N, 128°19′40″ W; thence following the shoreline to 50°26′38″ N, 128°02′43.50″ W to 50°19′28″ N, 127°58′30″ W to 50°13′14″ N, 127°47′54″ W; thence following the shoreline to 50°07′49.45″ N, 127°42′35.77″ W to 49°59′49″ N, 127°27′06.50″ W to 49°51′35″ N, 127°08′60″ W to 49°44′57″ N, 126°58′54″ W to 49°37′09.13″ N, 126°49′33″ W to Estevan Point (49°23′00″ N, 126°32′34″ W) to 49°17′03″ N, 126°13′44″ W to 49°05′22″ N, 125°52′55″ W; thence following the shoreline to 49°01′54″ N, 125°19′26.50″ W to 48°58′10.30″ N, 125°19′21.70″ W; thence following the shoreline to 48°58′45.35″ N, 125°11′01.67″ W to 48°57′24.50″ N, 125°01′50″ W to 48°59′03.50″ N, 124°57′44.65″ W; thence following the shoreline to Port Alberni (49°14′01″ N, 124°48′38″ W); thence following the shoreline to Cape Beale (48°47′11″ N, 125°12′58″ W) to Pachena Point (48°43′20″ N, 125°05′51″ W); thence following the shoreline to 48°40′11.50″ N, 124°51′29″ W to 48°40′00″ N, 124°51′00″ W; thence following the shoreline to 48°34′58″ N, 124°40′00″ W; thence southerly to intersect the international border at 48°28′36″ N, 124°40′00″ W; thence following the territorial sea boundary northward to the U.S. Alaska-Canada boundary in Dixon Entrance

SCHEDULE 2

(Sections 3 and 16)

Eastern VTS Zone

Item	Description
1	The Canadian waters on the east coast of Canada south of the 60th parallel of north latitude and in the St. Lawrence River east of the 66th meridian of west longitude except the waters within any other VTS Zone

SCHEDULE 3

(Sections 3 and 23)

Local Eastern VTS Zones

Item	Column 1 VTS Zone	Column 2 Description
1	Placentia Bay	The waters contained within the zone bounded by a line bearing 180° (True) from Bass Point (46°55′05″N, 55°15′55″W) until the outer limit of the territorial sea; and thence along the limit to a line bearing 180° (True) from Cape St. Mary’s (46°49′22″ N, 54°11′49″ W)
2	St. John’s	The waters contained within the zone bounded by a line bearing 90° (True) from Cape St. Francis (47°48′32″ N, 52°47′09.6″ W); thence to a point at 47°48′29.5″ N, 52°25′30.1″ W until the outer limit of the territorial sea; thence along the limit to position 47°18′36.3″ N, 52°25′14.8″ W, thence to North Head (47°18′39″ N, 52°44′52″ W)
3	Port aux Basques	The waters contained within the zone bounded by a line bearing 232° (True) from Cape Ray (47°37′17.1″ N, 59°18′16.8″ W) until the outer limit of the territorial sea and until a line bearing 180° (True) from Rose Blanche Point (47°35′57″ N, 58°41′30″ W)
4	Halifax Harbour and Approaches	The waters contained within the zone bounded by a line drawn from Pennant Point (44°25′53.8″ N, 63°38′56.5″ W) to a point at 44°17′41.3″ N, 63°35′09.6″ W to a point at the outer limits of the territorial sea at 44°14′02″ N, 63°30′50.3″ W; thence along the limit to a point at 44°24′43.5″ N, 63°13′48.5″ W; and thence to Collies Head (44°40′43.3″ N, 63°09′44.2″ W)
5	Strait of Canso and Eastern Approaches	The waters south of the Canso Canal north lock gate (45°38′58.2″ N, 61°24′57.3″ W) bounded by a line drawn from a point at 45°38′23.3″ N, 60°29′15.3″ W; thence to a point at 45°25′48.8″ N, 60°29′34″ W; thence to a point at 45°24′09.3″ N, 60°29′34.3″ W along the outer limit of the territorial sea; thence along the limit to a point at 45°18′19.8″ N, 60°35′03.7″ W; and thence along a line to Cape Canso (45°18′21.8″ N, 60°56′16.3″ W)
6	Northumberland Strait	The waters comprised from a line drawn between Cape Cliff (45°52′42.3″ N, 63°27′59.3″ W) and Rice Point (46°07′47.9″ N, 63°13′18.3″ W); and thence to a line drawn between Fagan Point (46°13′41.8″ N, 64°13′42″ W) and Cap Egmont (46°24′04.8″ N, 64°08′05.3″ W)
7	Bay of Fundy	The waters contained within the zone bounded by a line drawn in a 270° (True) direction from Chebogue Point (43°43′54.3″ N, 66°07′08.0″ W); thence through the following positions: 43°43′54.3″ N, 66°26′28″ W; 43°58′45.3″ N, 66°27′43″ W; 44°09′30.3″ N, 66°47′01″ W; 44°11′50.3″ N, 66°49′31″ W; 44°14′57.3″ N, 66°52′40″ W; 44°17′21.2″ N, 66°55′08″ W; 44°22′30.2″ N, 67°18′58.1″ W; 44°29′50.2″ N, 67°15′08.1″ W; 44°35′30.2″ N, 67°08′13″ W; 44°42′00.2″ N, 66°58′22″ W; and 44°46′35.6″ N, 66°54′11.09.2″ W; thence along the boundary between Canada and the United States to the shore at position 45°11′30.5″ N, 67°17′00.6″ W; and thence following the Canadian shoreline back to the beginning at Chebogue Point, including Fishing Zone 2
8	St. Lawrence River	The waters of the St. Lawrence River extending upstream from the 66th meridian of west longitude to the upper limits of the Port de Montréal, including the Saguenay River and other tributary rivers where vessels enter or leave the St. Lawrence River between the above limits, but excluding that portion of the St. Lawrence Seaway from St. Lambert Lock to a position 650 m downstream from the section of Pont Jacques-Cartier spanning the Seaway

SCHEDULE 4

(Sections 3 and 31)

Northern VTS Zone

Item	Description
1	The shipping safety control zones prescribed by the Shipping Safety Control Zones Order
2	The waters of Ungava Bay, Hudson Bay and Kugmallit Bay that are not in a shipping safety control zone
3	The waters of James Bay
4	The waters of the Rivière Koksoak from Ungava Bay to Kuujjuaq
5	The waters of Baie aux Feuilles from Ungava Bay to Tasiujaq
6	The waters of Chesterfield Inlet that are not in a shipping safety control zone, and the waters of Baker Lake
7	The waters of the Moose River from James Bay to Moosonee

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