SUBMISSION TO THE REVIEW PANEL FOR THE ROBERTS BANK TERMINAL 2 PROJECT

ORIENTATION SESSION

Information on Coast Guard programs

TABLE OF CONTENTS Page

1. Responsibilities and Authorities 2

2. Aids to Navigation 3

3. Marine Communications and Traffic Services 4

4. Search and Rescue 5

5. Environmental Response 6

6. Coast Guard partnerships 6

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Responsibilities and Authorities

The Coast Guard is a Special Operating Agency of Fisheries and Oceans Canada. In Canadian waters and the Exclusive Economic Zone, the Coast Guard is the operational arm of the Government of Canada responsible for: ensuring an appropriate response to ship-source and mystery-source pollution incidents; providing aids to navigation and waterways management services; delivering maritime search and rescue and providing marine communication and traffic services.

The Constitution Act, 1867 provides Parliament with an exclusive legislative jurisdiction over navigation and shipping matters. Pursuant to the Emergency Management Act, federal Ministers have a statutory responsibility to ensure each department, agency or Crown corporation within their area of responsibility has an emergency plan to deal with civil emergencies related to their area of accountability. Federal government policy for emergency preparedness is to assign lead agency responsibility to the predominant department. Under the Federal Emergency Response Plan (January 2011), there are thirteen emergency support functions listed with the primary departments that are responsible. The Coast Guard is listed as a support department for nine of those thirteen emergency support functions.

Through legislation such as the Oceans Act, the Canada Shipping Act, 2001, and the Arctic Waters Pollution Prevention Act, the Coast Guard is the lead agency for ensuring a response to ship-source spills, mystery source spills, pollution incidents that occur at oil handling facilities as a result ofloading or unloading oil to or from ships, and spills from any source originating in foreign waters that impact Canadian waters and the Exclusive Economic Zone.

[Section 41] of the Oceans Act, provides for the powers, duties and functions of the Minister of Fisheries and Oceans as Minister responsible for Coast Guard services including: Aids to Navigation, Marine Communications and Traffic Services (MCTS), channel maintenance, the maritime component of Search and Rescue (SAR) and marine pollution response.

The Canada Shipping Act, 2001 and the development of its regulations are primarily under the responsibility of Transport Canada. The regulations governing The Canadian Marine Oil Spill Preparedness and Response Regime (the "Regime") addresses pollution prevention and response activities surrounding oil pollution from prescribed sized vessels and oil handling facilities that are engaged in the loading and unloading of oil to or from a vessel. The Regime was established in 1995 and requires that prescribed vessels and oil handling facilities, located south of 60 degrees north latitude, have an arrangement with a Transport Canada certified Response Organization that may respond to an oil spill on the polluter's behalf.

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Part 8 of the Canada Shipping Act, 2001 provides the Minister ofFisheries and Oceans with powers and authorities relative to pollution response including the threat of pollution. The Coast Guard maintains the lead operational role and overall authorities for effective and efficient responses to ship-source pollution.

Subsection 180(1) gives the Minister of Fisheries and Oceans, and therefore the Coast Guard, the authority to take measures to repair, remedy, minimize or prevent pollution damage from a vessel or an oil handling facility if it is believed on reasonable grounds that the vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant. These powers can be exercised in Canadian waters and the Exclusive Economic Zone. The Coast Guard also has authority to monitor the clean-up efforts conducted by others so they are done to the satisfaction of the federal government and, if considered necessary, to direct a person or vessel to take appropriate measures.

Part 5 of the Canada Shipping Act, 2001 provides the Minister of Fisheries and Oceans with powers and authorities relative to navigation services including Aids to Navigation, Search and Rescue and Vessel Traffic Services (VTS).

Given its strong presence on the west coast, and its mandate to prevent loss of life or injury for mariners in distress, to protect the environment from marine spills and to support economic growth by providing mariners with information and services, the Coast Guard is well positioned to provide specialist and expert knowledge on Canada's marine safety system as it applies to the review ofthe RBT2 Project.

The Coast Guard core programs deliver on marine incident prevention and marine incident preparedness and response. These programs include Aids to Navigation, Marine Communications and Traffic Services, Search and Rescue and Environmental Response. In anticipation of the Review Panel desiring a fuller understanding of these programs the following sections provide overviews:

Aids to Navigation

The Coast Guard's Aids to Navigation program provides an extensive system of visual, aural, radar and electronic aids to navigation throughout coastal communities and inland waterways in the Pacific region.

The length of British Columbia's coast is characterized by thousands of rocky outcroppings, ledges, and shoals. To enter and exit the Port ofVancouver it is necessary to navigate the Straits of Juan de Fuca and Georgia, past several islands, and across the international boundary with the United States at multiple locations. Depending on where navigational hazards lie, they may have the potential to cause considerable damage to vessels and the surrounding environment. The

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Coast Guard provides aids to navigation to mark preferred channel, to assist in determining position or safe course, and to warn of dangers or obstructions to navigation. This helps to ensure that mariners are aware of potential dangers before they cause significant damage.

The Program provides aids to navigation where the volume of traffic justifies and the.degree of risk requires, in accordance with its design and review methodology and national policies. By ensuring access to a reliable aids to navigation system, the Program supports a safe, accessible, and efficient environment for the commercial marine transportation sector, fishers and pleasure craft operators. Aids to navigation are provided to assist mariners in safe navigation and do not replace prudent navigation practices or the use of onboard navigational equipment such as the up-to-date nautical charts, Global Navigation Satellite System (GNSS) technology and radar.

In southern British Columbia, aids to navigation are maintained by the Coast Guard base in Victoria. Operational and technical personnel work to maintain buoys, beacons, lights, and Differential Global Positioning System (DGPS) stations. The Coast Guard makes use of its wide range ofland, air and water transportation to execute these tasks year round.

The Aids to Navigation Program is also responsible for providing marine navigation safety information including details on the availability and changes to specific aids. This information is communicated to mariners through Notice to Shipping broadcasts and Notice to Mariners electronic publications. The Canadian Hydrographic Services also shares and receives information for the purposes of nautical chart production.

Marine Communications and Traffic Services

Coast Guard's MCTS Program contributes to the safety oflife at sea, the protection ofthe marine environment, the efficient movement of shipping in waterways, and the provision of essential and accurate information to mariners. The MCTS centres provide distress and safety communications, broadcast maritime safety information (weather and navigational warnings), screen vessels entering Canadian waters, and manage vessel traffic by providing timely information and assistance to vessels to maintain vessel safety and achieve efficiency in Canadian waters. In the Western region, MCTS centres are located in Victoria and Prince Rupert.

One ofthe core functions ofMCTS is to provide VTS to vessels operating in Canadian waters. Under the Canada Shipping Act, 2001, the Vessel Traffic Services Zone Regulations describe the VTS zones in Canadian territorial waters. To facilitate safer voyages and to protect the environment, MCTS provide a common means of exchanging information between participating vessels and a shore-based centre. MCTS officers are highly trained in providing a VTS service and operate specialized equipment such as shore-based radar, Automatic Identification System (AIS), VHF radios, vessel traffic management information system, and direction finding equipment.

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Vessels approaching the West Coast bound for the Port ofV ancouver will report with the Prince Rupert MCTS Centre and participate in the VTS system. Prior to the vessel entering the Juan de Fuca Strait, Prince Rupert MCTS will handoffthe vessel information to the United States Coast Guard Seattle Traffic in preparation for entry off Cape Flattery. The vessel will continue to participate with Seattle Traffic until it turns north for Canadian waters off Race Rocks. At this point, the Victoria MCTS Centre will resume monitoring responsibility.

In addition to VTS, MCTS provides an essential service of communicating with all sizes of vessels that need assistance. Communications with the stricken vessel is essential to deploying Search and Rescue and Environmental Response teams promptly and effectively to maritime crisis situations.

Search and Rescue

The Coast Guard has primary responsibility for the provision of the maritime component of the federal SAR Program. The SAR activities of the Coast Guard include the provision of and participation in the maritime component of the Joint Rescue Coordination Centres (JRCCs). This comprises Coast Guard collaboration with the Canadian Armed Forces for the coordination, control and conduct of maritime SAR operations within the Canadian area of responsibility and the provision of maritime SAR units in response to SAR incidents within the Canadian area of responsibility.

The provision of maritime SAR units can include tasking of Coast Guard primary shore-based and patrolling vessels or secondary federal SAR assets such as vessels ofthe Royal Canadian Navy. Partner SAR organizations such as the Royal Canadian Marine Search and Rescue (RCMSAR), an all-volunteer organization that operates more than 40 marine rescue stations on the British Columbia coast and in the B.C. interior, may be similarly tasked.

In addition, the Coast Guard SAR Program, through the JRCC in Victoria, B.C., maintains a database of commercial towing assets and, in conjunction with Transport Canada Marine Safety, can task such resources to vessels in difficulty involved in a SAR scenario.

The Coast Guard Maritime SAR coordinators who staffthe JRCC also have authorities under Section 130 (2) of the Canada Shipping Act, 2001 to divert both public and private maritime and aeronautical resources to the scene of a distress and to direct them to provide assistance as required.

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Environmental Response

Canada's Marine Safety System is built on a strong partnership across industry, all levels of government, and stakeholders. Under the current system, the federal government provides the legislative and regulatory framework, and oversees the industry's preparedness and response during a marine pollution incident. The Coast Guard's Environmental Response Program constitutes an important component of Canada's marine pollution response capacity, particularly as the lead federal agency. However, in Canada south of 60°, primary preparedness and response capacity is delivered through private sector Response Organizations.

The Canadian Marine Oil Spill Preparedness and Response Regime is built on the polluter-pay principle. This system requires that vessels and oil handling facilities have an arrangement with one of Canada's four Transport Canada-certified Response Organizations. These private Response Organizations, funded by the industry, are responsible to provide resources and expertise in cleaning up the spill. In the case where the Coast Guard has to incur costs when the polluter is unknown, or unwilling or unable to assume its responsibilities, reimbursements can be sought through national and international funds that are sourced from industry.

While the Coast Guard may not perform spill response activities in all cases, the Government of Canada is accountable to Canadians to ensure that the public interest is being protected in the event of a marine pollution incident, and the Coast Guard investigates all reports of pollution that it receives. When a marine pollution incident occurs, the Coast Guard is the lead agency to monitor the polluter's response, which may utilize the polluter's resources, a Response Organization, and/or some other service provider to conduct a response. In the event that the polluter is unknown, unable or unwilling to respond, the Coast Guard will manage the response and ensure that there is an appropriate response. Furthermore, the Coast Guard can provide assistance and resources to another lead agency for the conduct of a response.

Coast Guard Partnerships

Canada's Marine Safety and Security System, while under the legislative and regulatory oversight of Transport Canada, is implemented by many partners including Coast Guard with its vital operational role. There are many components in the System cooperating to ensure Canadian waters are safe for all mariners. In the course of delivering its services, the Coast Guard maintains partnerships with other federal departments including Transport Canada, Fisheries and Oceans Canada, the RCMP, Environment Canada and the Canadian Forces. Additionally, the Coast Guard interacts with Pilotage Authorities,. Port Authorities, industry associations and other marine stakeholders, including Indigenous groups. In fact, the Coast Guard anticipates contributing to the whole of Government approach to consultation with Indigenous peoples by participating in consultation activities during the course of the review of the RBT2 Project. Across Canada, Coast Guard Auxiliaries support Coast Guard search and rescue operations. As noted previously, on the west coast, this support is provided by the Royal Canadian Marine Search and Rescue.

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Finally, Coast Guard partnerships extend across the border with key working arrangements with the United States Coast Guard (USCG). The maritime international boundary straddles the waters ofthe Juan de Fuca Strait. Vessels entering and exiting the Port ofMetro Vancouver travel through the waters ofboth Canada and the United States. The coast guards ofboth countries have a long-standing relationship of close cooperation including sharing vessel traffic services operations and preparedness and response for cross-boundary spills. A Canada- U.S. cooperative Vessel Traffic Services Agreement manages vessel traffic in the Juan de Fuca Strait. In the event of a cross-boundary spill, the Canada-United States Marine Pollution Joint Contingency Plan provides a coordinated system for planning, preparedness and responding to harmful substance incidents in contiguous waters.