FEDERAL REG

SOR/2017-20: Regulations Amending the Ballast Water Control and Management Regulations

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
February 13, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a number of technical issues with the Ballast Water Control and Management Regulations and has recommended that these Regulations be amended to address these issues. Objective The amendments have the following objectives: ... (Click for more)


Published on February 18, 2017

Bill Summary

SOR/2017-20: Regulations Amending the Ballast Water Control and Management Regulations

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a number of technical issues with the Ballast Water Control and Management Regulations and has recommended that these Regulations be amended to address these issues. Objective The amendments have the following objectives: to correct discrepancies between the French and English versions; and to correct typographical or grammatical errors. Description Discrepancies between English and French versions Paragraph 2(3)(f) The SJCSR noted that the French and English versions of paragraph 2(3)(f) were discrepant, in that the English version referred to ships that are owned or operated by a state and used in government non-commercial service, while the French version referred to ships that are owned or operated by a state and used by that state in government non-commercial service. Paragraph 2(3)(f) of the French version is amended to conform to the English counterpart. Paragraphs 4(2)(a) and 13(5)(b) The SJCSR identified a discrepancy in the French version in that two different terms were used as the equivalent of “uptake” (“introduction” and “prise”). It was decided that the words “uptake” and “prise” should be used to refer to the taking on board of ballast water itself; and “introduction” is to be used as the equivalent for “introduction” (in the French version) to refer to the taking of harmful aquatic organisms or pathogens into ballast water. The English version of paragraphs 4(2)(a) and 13(5)(b) is amended to reflect this decision. Subsections 6(2) and 7(2) The SJCSR recommended that subsections 6(2) and 7(2) be amended to replace “rejeter” with “libérer” in order to bring these two provisions into conformity with subsection 10(1) and the definitional terms in section 1. After a detailed review, it was determined that the word “déverser” was the preferred term to replace the word “rejeter” in the French versions of subsections 6(2) and 7(2). Subsection 14(1) There was a discrepancy among these provisions in the usage of equivalent terms in their French and English versions. The term “infeasible” is used as the equivalent of “impossible” in the French version, and the term “feasible” is used in the English version as the equivalent of “possible” in the French version. However, in subsection 14(1), the term “possible” was used in both the English and French versions. Amendments to this provision were necessary in order to attain a consistent usage in both versions of the Regulations. The English version of subsection 14(1) is amended to ensure consistency in the language between the French and English versions. Paragraph 11(3)(b) In paragraph 8(3) of the Regulations, the term “renouvellement par flux continu” is used in the French version as the equivalent of “flow-through exchange” in the English version, while the word “circulation” was used in paragraph 11(3)(b) of the French version, as the equivalent of “flow-through exchange” in the English version. Paragraph 11(3)(b) of the French version is amended to use the phrase “par flux continu.” Subsections 14(1) and 14(2) The term “Formulaire de rapport sur l’eau de ballast” (“Ballast Water Reporting Form” in the English version) was capitalized in the French version of paragraph 11(2)(f), but was not capitalized in subsections 14(1) or 14(2). These provisions should be amended in order to achieve consistency in the French version. Subsections 14(1) and 14(2) of the French version are amended to use a capital letter for the term “Formulaire de rapport sur l’eau de ballast.” Grammatical errors in the French version Paragraph 7(3)(c) The SJCSR noted that the word “est” was missing between the words “qui” and “située” in the French version of paragraph 7(3)(c). Paragraph 7(3)(c) is amended to insert the word “est” before “située.” In addition to the items identified by the SJCSR, Transport Canada amended the following parts to ensure clarity in the regulatory provisions and harmonize the English and French versions: The French version of section 1 to repeal the definition for “liberation” and add a definition for “déversement.” The English version of section 1 to amend the definition for “release” and update the definitions for “ballast water capacity” and “ballast water system.” The French version of paragraphs 2(3)(e), 4(2)(a), 4(5)(a), (b), (c), 5(3)(c), 11(2)(e), 13(5)(b), 13(6)(c) and subsection 10(1) to replace the term “rejeter” with the term “déverser.” The French version of paragraph 11(2)(e) to replace the text “dans le cas où la gestion de l’eau de ballast est effectuée par libération” with “dans le cas où la gestion de l’eau de ballast comporte un déversement.” “One-for-One” Rule The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business. Small business lens The small business lens does not apply to these amendments, as there are no costs to small business. Rationale The amendments are in response to the SJCSR’s review of the Regulations. The amendments help to correct or improve the regulatory base, and do not impose any costs on the government or stakeholders. Contact Katie Frenette Senior Marine Analyst Regulatory Affairs Marine Safety and Security Transport Canada Telephone: 613-949-4627 Email: [email protected] Footnote a S.C. 2012, c. 31, s. 159 Footnote b S.C. 2001, c. 26 Footnote 1 SOR/2011-237

This Bill does not amend any statutes.

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