What's new in the new regulations? The Transportation Safety Board Regulations were changed for the first time since 1992, bringing them up-to-date with the current transportation industry and legislation. As of 12 March 2014, Part 2 of the Regulations came into effect. Part 1 comes into effect on 1 July 2014. This fact sheet highlights some important changes that may affect your work in the marine industry.
The new regulations make it easier for you to report marine occurrences without increasing costs or the administrative burden
The TSB has put in place new regulations that repeal and replace the previous version. The new regulations are simpler and better aligned with other federal legislation, industry standards and international agreements. This has changed some of what you must report to the TSB in the event of a transportation occurrence and how we investigate. In particular, the new regulations:
The new regulations apply to all marine occurrences in Canada, including those related to the exploration or exploitation of the continental shelf, but excluding those involving only pleasure craft. They also apply to any occurrence involving a ship registered or licensed in Canada.
Compliance with the new regulations is mandatory. Companies that don't comply can be held accountable under the Canadian Transportation Accident Investigation and Safety Board Act.
TSB investigators interview witnesses for the sole purpose of advancing transportation safety. The interviews are confidential and protected under our Act. To help ensure witnesses feel comfortable and speak openly, the new regulations specify that:
Definitions have been brought up-to-date with terminology used in other federal acts and regulations, industry standards, and international agreements. Here are some definitions that may affect what you report to the TSB:
|Dangerous goods||“Dangerous goods” now has the same meaning as in section 2 of the Transportation of Dangerous Goods Act.||Aligned with other legislation|
|Master||The person in command and charge of a ship, but does not include a licensed marine pilot while the pilot is performing pilotage duties under the Pilotage Act.||Aligned with the Canada Shipping Act, 2001|
|Operation||The activities for which a ship is used at any time other than when the ship is in dry dock or laid-up.||New|
|Pilot||Any person who is not a member of the ship's crew and who has the conduct of the ship.||Aligned with the Pilotage Act|
|Serious injury||Any bone fracture (except fingers, toes or the nose); lacerations that cause severe hemorrhage or nerve, muscle or tendon damage; internal organ injury; second or third degree burns or any burns affecting more than 5% of the body; exposure to infectious substances or harmful radiation; or an injury likely to require hospitalization.||Added various injuries in addition to those that likely require hospitalization|
|Pleasure craft||A ship that is used for pleasure and not for a commercial purpose.||Aligned with the Canada Shipping Act, 2001|
|Radio ship reporting station||A Canadian Coast Guard radio station, a Marine Communications and Traffic Services Centre, a Canadian marine radio station operated by the St. Lawrence Seaway Management Corporation or a Canadian harbour radio station||Added additional reporting stations|
|Risk of collision||A situation in which a ship comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists.||New|
When the operator of the ship—whether they are the owner, the master, the ship's pilot, a crew member or the harbour master—has direct knowledge of an occurrence, they are required to report it to the TSB.
In addition to the current requirements, you must now report an occurrence when:
In addition to the current requirements, your reports to the TSB must now include:
To simplify operational requirements, you are no longer required to report:
For more information about reporting a marine occurrence, please visit our Report an occurrence webpage. You can also consult the following documents:
If you have specific questions about the new regulations, please contact firstname.lastname@example.org.