Re Transport Canada - The (new) Small Commercial Vessel Association

This is an update on the Small Commercial Vessel situation with regard to Transport Canadas new rules and regulations.   

Armin Grigatis from A+A Services in Honey Harbor organized a working group meeting last Fri the 23rd to come up with a united voice to represent ourselves against Transport Canadas (TC) new rules. Small Commercial Vessels make up 80% of TC vessels including the ocean going vessels from both coasts as well! This gives us (potentially) a lot of political power!

There was a good turnout at the meeting and with the guidance of Steve Robillard from 'Georgian Queen Cruises' and using 'Roberts Rules' we formed 'The Small Commercial Vessel Association (Ontario Region)'  and elected Armin as President, his office manager Beth as Secretary and seven board members (so far) including Arnie Coulson from Coulson Brothers Barging,  Dan Busse from DRB Property Management and Contracting, Joe Trudeau a Marine Surveyor from Granite Claims Solutions and myself (Matt Overend-Craganmor Point Resort). 

Our main goal at the moment is to put together our 20 minute (allotted time slot) presentation to the Canadian Marine Advisory Council (CMAC) meeting in Hamilton this coming Wednesday (March 28th). This is an 'info session' heavily staffed with Transport Canada (TC) staff who make presentations about new rules and regulations and the way the industry is heading. Industry concerns are also presented.

Our aim is too fight the new regulations that TC have implemented with very little notice, if any, to us. These regulations call for theoretical 'ship' training that does not apply to us (navigation by the stars, Radar usage etc.) and WILL cost most small operators a lot of time and money! 

Also at the meeting was Bob Minielly, 35 years in the OPP marine training division (ret.) Georgian College course instructor (MED-A3 and SVOP etc.) He has been commissioned by TC to write a report on us (Small Commercial Vessel operators) which is due this wednesday the 28th (for the CMAC meeting). He gave us a lot of technical help on the regulations as they stand today and will be a great contact as we try and figure out the large 'grey areas' of the TC regulations and how they apply to all of us. 

With regard to TC regulations exempting construction workers as passengers on construction companies barges there was a lot of skepticism in the room. It seems that when Brian Kennedy from TC made his presentation at the Jolly Roger Inn in Parry Sound a few weeks ago and said that TC would exempt those workers as passengers he did not say the same thing at the earlier Honey Harbour meeting. 

A lot of people (including Bob Minielly who was very surprised that Brian Kennedy said that, as it is not in black and white in the TC regs) think that if the construction company operators have an accident that ends up in court, the lawyers, insurance companies and Min. of Labor will look at the staff member or worker as someone who was MADE to get on that boat by the company and therefore was a passenger as per the TC definition.  

I hate to be the bearer of bad news but looking at it this way makes all your boat drivers in need of SVOP courses to be legal. If you look at the Gordon Bay accident where the owner was fined $100,000 by Min. of Labor and think about insurance claims who wants to find out that they interpreted the rules wrong!

There is no solid black and white answer to these questions right now. One thing that did come through loud and clear at the meeting was the need for due diligence. Bearing this in mind I personally believe it would be foolhardy to transport staff in any length OR type of vessel with the drivers only having a Pleasure Craft Operators Card (PCOC). The MED-A3 course is being offered by Georgian College at Canadore in Parry Sound starting April 16th in conjunction with SVOP. The MED (Marine Emergency Duties) courses are very practical and only one day (8 hours). Is not doing it worth the risk? 

I and our new association will continue to keep you all updated on what we find out. We are also working on bringing in a big shipment of the new standard lifejackets so members can get the lowest price possible.