Monday 26 March 2012

Transport Canada - Rules and Regulations for Small Commercial Vessels

Transport Canada (TC) will be enforcing a number of regulations this boating season that a lot of us 'commercial' operators (people and companies that use boats for ANY kind of work) are not aware of.

I (Matt Overend from Craganmor Point Resort) have put this Q and A page together using information from the Transport Canada (TC) website. I have done this because the TC website is HUGE and hard to navigate especially if you are short of time and/or not so good with computers. The TC website does have ALL the information you could ever need, its just a matter of finding it!!

I have simply cut and pasted information from the TC website onto this page to help people get started with their search. None of this information is mine or has been changed, made up or edited by me.

A good place to start  on the TC website is the Frequently Asked Questions (FAQ) page. if you read these questions from top to bottom it will give you a good basic knowledge of the facts. You can search for more after that if you need to. Click here for the FAQ link TC - Frequently Asked Questions

MED A-3 course will start Monday April 16th and SVOP course on Tuesday-Friday April 17-20 held in Parry Sound at the Canadore College. Parry Sound WILL NOT be a regular course site and the more people we get on the course the lower the price per person. This certification is valid for LIFE. See the course details on the Course Page on this Blog.

At the bottom of this page there are some links to the TC website where you will find all there information.

 What is a Commercial Vessel (TC Definition)

"Commercial vessel" – a vessel that is not a pleasure craft or used for commercial fishing. The Small Vessel Regulations do not define "commercial" but refer instead to "vessels other than a pleasure craft." Both "commercial vessel" and "non-pleasure vessel" are used in this guide to mean "vessel other than a pleasure craft." Vessels of all types, including human-powered vessels and vessels that are owned by any level of government and government entities like fire and police departments, are commercial vessels unless used only for pleasure.

A small commercial vessel is a vessel that is no larger than 15 gross tonnage and, if it is used to carry passengers, carries no more than 12 passengers.

Question:What is a Passenger? 

Answer (copied from TC website);

The definition of "passenger", as found in the Canada Shipping Act, 2001, is as follows:
“passenger” means a person carried on a ship by the owner or operator, other than;
  1. A person carried on a Safety Convention ship who is
    • the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or (ii) under one year of age,
  2. A person carried on a ship that is not a Safety Convention ship who is
    • the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or (ii) a guest on board the ship, if the ship is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit,
  3. A person carried on a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, or special purpose personnel


Question; What is a Small Vessel (Non-Pleasure Craft)

Answer (copied from TC website);

For the purpose of the SVCP, a small non-pleasure vessel is any vessel that:
  • measures 0-15 gross tons. Follow this link for a definition of a gross ton. (you can or to determine the tonnage of your vessel)
  • carries 0-12 passengers (see below for the definition of a passenger), and 
  • is not a pleasure craft used solely for recreational purposes 
This includes, but not limited to
  • Workboats
  • Passenger vessels
  • Government vessels
  • Commercial vessels 
The SVCP does not currently enrol fishing vessels engaged in commercial fishing activities, or human-powered vessels.

Question; What happens if I am not compliant with the CSA 2001? 

Answer (copied from TC website);

If you are not compliant with the CSA 2001 and it's regulations, you are operating your vessel illegally and you may be subject to an adminstrative monetary penalty, a fine or your vessel may be detained. The penalties vary depending on the regulations violated and range from $500 - $25,000, while the fines may go up to $1,000,000. Some are daily penalties that will accumulate until your vessel is compliant.

(Note from Matt); They are talking about a TC fine here. If you have an incident or accident and someone gets injured (or worse) Ministry of Labour will also be coming to see you! The contractor running the job in the Gordon Bay accident was fined $100,000 by the Min. of Labour!!

Question: What is the purpose/goal of the Small Vessel Compliance Program (SVCP)?

Answer (copied from TC website);

The purpose of the SVCP is to help vessel owners understand and meet their obligations under the Canada Shipping Act, 2001 and its regulations. The SVCP supports Transport Canada's objective of promoting safety in marine transportation by increased awareness and understanding of safety requirements.

Question:Under what regulations does the Small Vessel Compliance Program (SVCP) operate?

Answer (copied from TC website);

Sections 405 and 502 of the Small Vessel Regulations state that the owner of a workboat or passenger-carrying vessel shall not operate or permit another person to operate the workboat or passenger-carrying vessel unless, before it is first put into service, the owner has informed Transport Canada, in a form determined by the Minister, of
  • the intention to operate the workboat or passenger-carrying vessel or permit its operation;
  • the physical characteristics of the workboat or passenger-carrying vessel; and
  • the nature of its operation.
The owner of a workboat or passenger-carrying vessel shall submit to Transport Canada, on request, information respecting the physical characteristics of the workboat and the nature of its operation.

Question; Why should I participate in the SVCP?
Answer (copied from TC website);

 To own and operate a non-pleasure vessel in Canada, you must meet your responsibilities as outlined in the CSA 2001. There are numerous regulations and standards that apply to your small non-pleasure vessel and its use. A key benefit of the SVCP is that it simplifies the process by consolidating the requirements of numerous regulations under the CSA 2001 into one easy-to-use tool with guidance notes.

Question; If I own a pleasure craft but occasionally use it for commercial purposes, can I enrol in the SVCP?


 Answer (copied from TC website);

If you own a pleasure craft and you intend to use it for commercial activities, in a majority of cases you must register your vessel with Transport Canada prior to engaging in those activities. Once your vessel is registered, or in the process of being registered, you can enrol in the SVCP.  The SVCP will help you comply with CSA 2001 regulations that apply to the vessel’s non-pleasure activity.

Links to the Transport Canada Website

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