2010 Legal News

 

December 15, 2010 - Tax Conventions Implementation Act, 2010

This enactment implements the most recent tax treaties that Canada has concluded with Colombia, Greece and Turkey.

 

November 26, 2010 - Pacific Aquaculture Regulations

On February 9, 2009, the British Columbia Supreme Court ruled that finfish aquaculture is a fishery and therefore of exclusive federal jurisdiction, the Court suspended the effects of its decision until December 18, 2010. These Regulations were required to fill the void before the B.C. Supreme Court decision becomes effective. Under the Regulations, as of December 18, 2010, finfish, shellfish and freshwater aquaculture operations within the British Columbia will require a federal aquaculture licence issued under the Fisheries Act, a federal Navigable Waters Protection Act permit and a provincial lease. British Columbia will continue to issue tenures where operations take place in either the marine or freshwater environment, licence marine plant cultivation, and manage business aspects of aquaculture such as work place health and safety within the province.

 

October 21, 2010 - Long-Range Identification and Tracking of Vessels Regulations

The Regulations introduce requirements for Canadian passenger vessels that carry more than 12 passengers and cargo vessels over 300 G.T. on international voyages to be equipped with LRIT systems that transmit LRIT information regarding the identity and position of the vessel, as well as the time and date the transmission is sent. The Regulations also indicate performance standards for this equipment.

 

September 23, 2010 - Ferry-Boats, Tankers and Cargo Vessels Remission Order, 2010

Remission of customs duties for cargo vessels, tankers, and ferries of a length of 129 m or more, imported on or after January 1, 2010.  The remission will only apply to the first importation of a vessel, thereby maintaining the duty incentives for repair, refit and conversion work to be done in Canadian shipyards.

 

June 10, 2010 - Northern Canada Vessel Traffic Services Zone Regulations

The Regulations formally establish the Northern Canada Vessel Traffic Services (NORDREG) Zone and, implement the requirements for vessels to report information prior to entering, while operating within and upon exiting the Zone. The Regulations replace the informal NORDREG Zone (i.e. Arctic Canada VTS zone) and the voluntary reporting system that has existed in Canada’s northern waters.

 

June 10, 2010 - Order Amending the Shipping Safety Control Zones Order

The amendments extend the Seaward (outer) Boundary of the shipping safety control zones to the outer limit of the Exclusive Economic Zone, which is the extent of the new definition of “arctic waters” under the recently amended Arctic Waters Pollution Prevention Act.

 

June 03, 2010 - Maritime Occupational Health and Safety Regulations

The new Regulations replace the 1987 Marine Occupational Safety and Health Regulations and harmonize the regulations with the CSA, 2001 and Maritime Labour Convention 2006. These regulations prescribe health and safety standards for federally regulated employers to protect the health and safety of their employees on board vessels, they are based on the standards set in the Canada Occupational Health and Safety Regulations. Some key elements include a requirement for employer to develop, monitor and implement a “Hazard prevention program” and a “violence prevention policy”.

 

April 29, 2010 - Small Vessel Regulations

These Regulations, made under the new CSA, 2001, completely replace the Regulations made under the former CSA. Issues addressed include:

• Alterations in operational practices (i.e. requirements for reporting numbers of passengers to a person on shore, protection  of passengers from cold shock and hypothermia, towing, handling of lifesaving and fi-fi equipment).

• Increased requirements for safety equipment (first aid kits, fire extinguishers, manual bilge pumps instead of bailers, re-boarding devices), identification and maintenance of critical safety requirements, and information to pleasure craft buyers.

• Update the Pleasure Craft Licensing System provisions (integrate with CSA 2001)

• Hull Serial Numbers, stability assessment.

• Clarification/re-wording of certain provisions.

 

April 22, 2010 - Fire and Boat Drills Regulations

The previous Boat and Fire Drill and Means of Exit Regulations are replaced in order to address a number of outstanding issues raised by stakeholders and the Transportation Safety Board (TSB), namely, to improve passenger accounting and operational preparedness as well to relieve industry stakeholders from requirements that cannot be realistically fulfilled. In addition, the Regulations are brought into concordance with the new CSA, 2001.

 

April 22, 2010 - Renewable Fuel Used as Ships’ Stores Remission Order

With the recent amendments to the Ships’ Stores Regulations, duty and tax relief has been extended to renewable fuels used as ships’ stores. The Remission Order provides relief from the duties collected on renewable fuels imported into Canada during the period from April 1, 2006 to June 17, 2009, and subsequently laden on board a qualifying conveyance for use as ships’ stores. The Order will allow renewable fuels imported under these circumstances to be eligible for the same relief in customs duties as was granted to petroleum based fuels for that period.

 

April 01, 2010 - Regulations Amending the Ocean Dumping Permit Fee Regulations (Site Monitoring) (Miscellaneous Program)

Currently, disposal activities in Canadian marine waters are regulated federally by the disposal at sea provisions under CEPA 1999 which include a system of permits (see Disposal at Sea Regulations). However, the permit fees for the disposal of dredged material and inert, inorganic geological matter are established through the Disposal at Sea Regulations (the Regulations) made under the Financial Administration Act. The amendments update the legislative references in the Regulations from the former CEPA to CEPA 1999 and change the name of the Regulations to Disposal at Sea Permit Fee Regulations.

 

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