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The Safe and Accountable Rail Act, amending the Canada Transportation Act and the Railway Safety Act to strengthen the liability and compensation regime and government oversight of the railways has received Royal Assent.  

The new liability and compensation regime under the Canada Transportation Act will be brought into force next year and is based on the "polluter pays" principle.

Friday, 19 June 2015 12:01

CBSA border modernization video

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Canada Border Services Agency has embarked on a Border Modernization agenda to change the way it conducts business.  Through the voices of employees from across the Agency, a video illustrates how CBSA is transforming to meet the challenges of tomorrow.

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The Canadian Transportation Agency is phasing in a new process for reviewing applications under the Coasting Trade Act which reserves the carriage of goods and passengers between two points in Canada and any other marine activity of a commercial nature to Canadian-registered, duty paid ships.  The CTA will publish all applications on its website and notify subscribers by email.   CTA will process the application and issue a ruling based on the responses received within the specified time period.  Canadian ship operators and other interested organizations are encouraged to subscribe by completing an online form on the CTA website. 

Friday, 12 June 2015 12:15

PPA publishes new launch fees

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Published in the Canada Gazette Vol. 149, No. 23 — June 6, 2015, is the Pacific Pilotage Authority proposal to implement a charge of $60 per assignment that embarks or disembarks using a pilot boat or helicopter to recover the cost and upgrades to the second-hand pilot boat purchased from the Columbia Bar pilots.  Included in the proposed amendments is an adjustment to the existing Pilot Boat Fuel Charges for Pine Island in order to reflect the higher fuel costs of a larger ship transiting Pine Island. 

Friday, 12 June 2015 12:14

CBSA reminds exporters to use HS Codes

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The Canada Border Services Agency (CBSA) remind all exporters of the importance of using the appropriate Harmonized System (HS) Code for their exportation as previously stated in the Custom Notice 14-005.

  • Reports filed electronically, using the Canadian Automated Export Declaration (CAED) system, must include the 8-digit Canadian Export Classification code.
  • Reports filed electronically, using the G7 Electronic Data Interchange Export Reporting system, must include the 10-digit Canadian Import HS Code.
  • Reports filed by paper Form B13a), may use either the 8-digit Canadian Export Classification code, or the 10-digit Canadian Import HS Code; both are considered valid until further notice.

Regardless of the method of reporting, the classification code provided must accurately describe the goods.  CBSA is monitoring the use of classification codes, and Administrative Monetary Penalties could be issued to exporters in cases where the classification code is inaccurate. 

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The Honourable Lisa Raitt, Minister of Transport has proposed new amendments to the Transportation of Dangerous Goods Regulations that would enhance reporting requirements and expand data collection. The proposed amendments would apply to the transportation of dangerous goods in all transportation sectors and seeks to broaden the scope of the original reporting requirements and help improve emergency response and risk analysis through stronger, more comprehensive data collection.

The main objectives of the proposal are

  • To clarify the reporting requirements to enable the efficient collection of data. Report data would be used to conduct risk analyses (e.g. on means of containment issues) and to help maintain public safety during the transportation of dangerous goods in all modes of transport.
  • To require the reporting of dangerous goods that have been lost, stolen or unlawfully interfered with, and to report undeclared or misdeclared dangerous goods transported by aircraft.

Other safety requirements include Emergency Response Assistance Plans, proper documentation, safety marks, reporting, and training.  The deadline for comments is July 6, 2015.

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Following a complaint filed in April, the Canada Border Services Agency (CBSA) has initiated investigations into the alleged injurious dumping and subsidizing of certain hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from India and Russia.  

The Canadian International Trade Tribunal (Tribunal) will begin a preliminary inquiry to determine whether the imports are harming Canadian producers and will issue a decision by August 10, 2015. While the Tribunal is examining the question of injury, the CBSA will investigate whether the imports are being dumped and/or subsidized, and will make a preliminary decision by September 8, 2015.

Thursday, 04 June 2015 10:20

Transport Canada Board appointments

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The Honourable Lisa Raitt, Minister of Transport, announced the following appointments this week:

Port Alberni Port Authority

Mr. Allan Robert Haggard, and Mr. Dennis Lawrence Jonsson both from Port Alberni, British Columbia, were appointed to the board of directors of the Port Alberni Port Authority for terms of two years.  Mr. Haggard, a building technologist is currently the remediation construction manager on the Pacific Place project, and volunteering as project manager for improvements to the domestic water system in a rural community in the Alberni Valley and Mr. Jonsson sits on the City of Port Alberni Harbour Quay Committee, on the BC Court of Revision, and on the Alberni Valley Chamber of Commerce board of directors.

Ridley Terminals

Ms. Gillian Gail Kirk of Port Coquitlam has been appointed to the board of directors of Ridley Termianls for a term of four years.   She is currently Vice-Chair of the Tri-Cities Chamber of Commerce, she participates on the FortisBC Energy Efficiency and Conservation Group, and is a member of the Tri-Cities Homelessness and Housing Task Group. 

Canadian Transportation Agency

Mr. Scott Streiner of Ottawa, Ontario, has been appointed as Chairperson, Member, and Chief Executive Officer of the Canadian Transportation Agency for a term of five years.  Mr. Streiner has occupied several executive positions, including Assistant Secretary to the Cabinet, Economic and Regional Development Policy at the Privy Council Office, Assistant Deputy Minister, Policy at Transport Canada, Executive Director of the Aerospace Review, Assistant Deputy Minister, Policy with the Labour Program, and Vice President, Program Delivery at the Canadian Environmental Assessment Agency.

Friday, 29 May 2015 10:53

Lighthouses given heritage status

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Environment and Parks Canada Minister, the Honourable Leona Aglukkaq, announced that 74 lighthouses have been designated under the Heritage Lighthouse Protection Act to ensure that they can be "enjoyed and appreciated for generations to come."

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Transport Canada has releases Ship Safety Bulletin No. 06/2015 to inform tug masters of additional safety measures being taken by the department to assess the safety of a dead ship towing operation prior to departing Canada on an international voyage.  The owner, operator or master of the towing vessel must now contact Transport Canada to arrange for a safety assessment prior to departure.

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Fisheries and Oceans Minister, the Honourable Gail Shea welcomed the new Canadian Coast Guard vessel Captain Goddard MSM, to the west coast at a ceremony in Sidney, BC last weekend.  The last of nine new hero class vessels, the Captain Goddard MSM will be deployed by DFO to manage and protect fisheries, and to support search and rescue activities.  CCGS Captain Goddard MSM was built in Halifax, Nova Scotia, by Irving Shipbuilding and sailed south through the Panama Canal to reach its current home.

Friday, 22 May 2015 12:54

Marine Liability

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The Marine Liability Act (MLA) has been amended to increase the limits of liability as provided for in Article 8 of the Protocol of 1996 amending the IMO's Convention on Limitation of Liability for Maritime Claims, 1976.  The MLA amendments are expected to come into force on June 8, 2015.  Note that the new limits of liability in Part 3 of the MLA will also apply to the current regime of liability and compulsory insurance requirements under the Bunkers Convention in Part 6 of the MLA.  

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