TSB Recommendation M23-07

Transport Canada (TC) agrees with the safety recommendation M23-07. The Department recognizes the impact modifications may have on the overall safety of small commercial vessels, particularly if undertaken without a formal assessment to determine the impacts they may have on the vessel’s stability. Official records of any such modifications are especially important for both new vessel owners and TC inspectors to understand the vessel’s design history, so they may evaluate if a reassessment of the vessel’s stability is necessary for it to safely execute its intended operations.

In July 2017, TC’s Fishing Vessel Safety Regulations (FVSR) entered into force. These regulations require that the authorized representatives of small fishing vessels—those that are less than 24.4 metres in length and not more than 150 gross tonnage—maintain a record of any modifications or series of modifications which may have altered or impacted the vessel’s stability. These are recorded on a standardized Fishing Vessel Record of Modifications Affecting Stability form, where the authorized representative outlines their vessel’s details and describes what type of modification was put in place (changes to the vessel’s deck, electronics, hull, etc.), as well as if it resulted in any changes to the vessel’s tonnage or size.

This record must be kept on board the vessel and made available to TC inspectors upon request during an inspection. Should the inspector determine that any listed modification was major in nature (i.e., it was a modification or repair which substantially changed the vessel’s capacity or size, or which affected its watertight integrity or stability) but was not recorded as such by the vessel’s authorized representative, the vessel must undergo a stability reassessment. Any stability reassessment must be carried out by a competent person/organization, as defined in the FVSR. Further, as per requirements under section 58 of the Canada Shipping Act, 2001, any modifications which change a vessel to the extent where it no longer corresponds with the description set for it on its certificate of registry must be reported to Transport Canada directly within 30 days of the alteration being made.

Although TC has issued guidance to assist inspectors, as well as authorized representatives of fishing vessels, in determining if any changes to a vessel would be considered a major modification, and thus require a stability reassessment, this determination is based on qualitative analyses, without objective criteria in place which fully define what constitutes a major modification. In response to the Transportation Safety Board’s Recommendation M23-06, Transport Canada has committed to initiating a third-party research contract in 2024 to develop criteria for what constitutes a major modification to a small commercial vessel.TC confirmed that the research contract would apply to small fishing vessels only.  Once these criteria are defined and publicly available, small vessel owners and operators will have clear direction as to which planned modifications would require a stability reassessment from a competent person. These criteria will also provide TC inspectors, while on board a vessel, with an objective basis to determine if any recent changes will require the vessel to undergo a stability reassessment before it may be permitted to continue its intended operations.

Transport Canada (TC) indicates that it agrees with this recommendation. The Department highlights that the current Fishing Vessel Safety Regulations require fishing vessels that are under 24.4 metres in length and less than 150 gross tonnage to maintain a record of modifications which may have altered the vessel’s stability. This record must be kept on board the vessel and made available upon request during an inspection. If the inspector determines a major modification was not recorded as such, the vessel must undergo a stability reassessment. Additionally, TC mentions that the Canada Shipping Act, 2001 requires all vessel owners to report any modifications which alter a vessel beyond its description set on its certificate of registry to Transport Canada within 30 days of the alterations.

To address Recommendation M23-06, TC will initiate a third-party research contract to develop criteria to define what constitutes major modifications to small commercial fishing vessels, which will then be used to support the determination of stability reassessments as described in Recommendation M23-07. TC believes these objective criteria will better assist its inspectors during inspections in determining what constitutes a major modification, as inspectors currently rely on a qualitative review of a vessel and any modifications that have been made.

While the Board agrees that the criteria will help inspectors and authorized representatives better assess new vessel alterations, it remains concerned that there may be circumstances where the records are not available to TC inspectors. This is particularly the case for non-fishing vessels, which do not have a requirement to maintain a record of modifications. Additionally, the Board is concerned about the effects of cumulative small modifications, as authorized representatives may lack the training required to fully evaluate the stability implications; a competent person would be able to examine the history of changes on a vessel to evaluate the cumulative effects. Finally, while quantitative criteria will assist in determining when a modification is major, authorized representatives will still be asked to make the determination. Without proper assessment by a competent person, the Board believes many small vessels will remain at risk of stability issues. Therefore, the Board considers TC’s response to Recommendation M23-07 to be Satisfactory in Part.