. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/96 
13 April 2004  
 
(04-1655) 
Committee on Technical Barriers to Trade Original: English/ 
 French 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   CANADA  
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Department of Transport 
Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   Canadian Enquiry 
Point, 200-270 Albert Street, Ottawa, Onta rio, Canada, K1P 6N7 Tel.:  +1 613 238 3222, 
Fax.:  +1 613 569 7808, E-mail:  info@scc.ca 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [ X ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Marine Transportation 
Security (ICS: 47.020) 
5. Title, number of pages and language(s) of the notified document:   Proposed Marine 
Transportation Security Regulations (pages 1036-1119;  English and French) 
6. Description of content:   
 
In December 2002, in response to the events  of September 11, 2001, the International 
Maritime Organization adopted the International Ship and Port Facility Security Code  
(ISPS Code) and amendments to the International Convention for  the Safety of Life at Sea, 
1974  (SOLAS Convention).  These documents significantly enhance the international 
framework for the deterrence, prevention and det ection of acts that threaten security in the 
marine transportation sector.  All Intern ational Maritime Organization Contracting 
Governments, including Canada, are re quired to have adopted the ISPS Code 
by 1 July 2004, and have the necessary national regulations in place.  
The proposed Marine Transportation Security Regulations  would introduce new security 
requirements for the marine transportation indus try.  They would be made under section 5 
of the Marine Transportation Security Act (MTSA),  and would implement all Part A 
(mandatory) and most of Part B (guidance) provi sions of the ISPS Code.  This is consistent 
with the approach of Canada's major trading partners.  They would also implement other 
provisions determined to be necessary based on ri sk assessments and the need to ensure the 
unimpeded flow of Canadian maritime trade.  
Contents of the proposed Regulations  
 
The proposed Regulations would affect vessel s in Canada and Canadian ships outside 
Canada that engage on voyages between a port in one country and a port in another country 
and that: G/TBT/N/CAN/96 
Page 2  
 
− Are more than 100 tons gross tonnage;  
− carry more than 12 passengers;  
− are 8 metres or more in length and are engaged in towing a barge astern or 
alongside or in pushing a barge, if the ba rge is carrying dangerous goods, other than 
products, substances or organisms identified in Class 4 of the schedule to the Transportation of Dangerous Goods Act, 1992 , in bulk; or  
− are barges being towed astern or alongside or being pushed and are carrying 
dangerous goods, other than products, substances or orga nisms identified in Class 4 
of the schedule to the Transportation of Dang erous Goods Act, 1992 , in bulk.  
 
Although SOLAS Convention standards require only vessels of 500 tons gross tonnage or 
more, or carrying more than 12 passengers, a nd engaged on international voyages that are 
not operating solely on the Great Lakes and St . Lawrence Seaway to be regulated, Canada 
has made an assessment of threat and risk and has determined that 100 tons gross tonnage is 
a more appropriate threshold for the purpose of  marine security.  This is necessary for 
security reasons, but will also support the comp etitiveness of Canada's marine transportation 
system.  For similar reasons, the proposed Regulations would appl y to vessels operating 
solely on the Great Lakes and St. Lawrence Seaway and where barges carrying certain dangerous goods are involved. 
 
Marine facilities that interface with vessels to which the proposed Regulations apply would 
also be regulated under the proposed Regulations. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
National security requirements 
8. Relevant documents:   Canada Gazette, Part I, 3 April 2004 
9. Proposed date of adoption:   
Proposed date of entry into force:   }1 July 2004 
10. Final date for comments:   3 May 2004 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses,  if available of the other body:  The electronic 
version of the regulatory text can be downloaded at:  
http://canadagazette.gc.ca/partI/2004/20040403/pdf/g1-13814.pdf