The Polar Code and the Canadian Arctice-navnorthamerica.org/.../11/...TCMSS_PRESENTATION.pdf · The...
Transcript of The Polar Code and the Canadian Arctice-navnorthamerica.org/.../11/...TCMSS_PRESENTATION.pdf · The...
The Polar Code and the Canadian Arctic
Marie‐Hélène RoyTransport Canada, Marine Safety and SecurityE‐Navigation Underway (North America) St. John’s NF, October 17th, 2017
Overview
1. Overview of Canada’s Marine Safety System
2. Transport Canada’s role
3. Implementation of the Polar Code in Canada
4. Other Related Initiatives
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Canada’s Marine Safety System
International Framework
• International Maritime Organization establishes Conventions for:
• Safety of life at sea (SOLAS)
• Prevention of pollution from ships (MARPOL)
• Oil pollution preparedness , response and co‐operation (OPRC)
• Standards of training, certification and watchkeeping for seafarers (STCW)
• Port State Control: Tokyo and Paris MOUs
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Canada’s Marine Safety SystemDomestic Framework
• Canada Shipping Act, 2001 (CSA, 2001) is main federal legislation
oApplies to all vessels operating in Canadian waters and Canadian vessels worldwide
o Implements international conventions adopted by Canada
•Marine Liability Act sets out requirements for shipowners to carry compulsory insurance to cover liability for ship‐source pollution
• Other key Acts: Marine Transportation Security Act, Pilotage Act, Canada Marine Act, Coasting Trade Act, Arctic Waters Pollution Prevention Act.
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Canada’s Marine Safety System
LIABILITY AND COMPENSATION• Polluter pays principle• Compulsory insurance• International and
domestic funds• International
consistency• Adequate
compensation
PREPAREDNESSAND RESPONSE• Incident command• Response organizations• Places of refuge• Science table• Aerial surveillance• Regional advisory
councils• Search and rescue• Cross-border
contingency plans
PREVENTION• Vessel traffic services• Vessel routing measures• Aids to navigation• Nautical charts• Weather and sea state• Icebreaking services• Crew certification• Vessel construction
standards• Pilotage• Vessel inspections• Port State Control• Marine security
Environmental Protection
Safe and Efficient Shipping
Transport Canada’s Role
• Administer the legislation that governs marine shipping
• Apply a risk‐based approach to oversight:o Port State Control, domestic vessel inspections, aerial
surveillance
• Use a range of enforcement tools:o Verbal warnings, written warnings, vessel direction or detention,
denial of entry from certain zones, administrative monetary penalties, prosecution
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Canadian Arctic: What’s Different
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Canadian Arctic: What’s Different
• Canada’s regime for Arctic marine transportation has been in place for over 40 years
• Arctic‐specific Acts and regulations include: o Arctic Waters Pollution Prevention Act o Arctic Shipping Pollution Prevention Regulationso Northern Canada Vessel Traffic Services Zone
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Canadian Arctic: What’s DifferentArctic Waters Pollution Prevention Act
• Complements CSA 2001 with focus on Canadian Arctic
• Limits and reduces risk of accidental spills by ensuring that ships only navigate in areas that are appropriate for their capabilities, with an experienced ice navigator in certain cases.
• Sets standards that prohibit operational discharge of most pollutantso Established pre‐MARPOL, implements highly precautionary zero‐discharge regime, with exceptions allowed by regulation
• Establishes requirements for vessel position/route reporting to ensure safety infrastructure is in place.
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Incorporating the Polar Code within Canadian Regulations
• Transport Canada has published the Arctic Shipping Safety and Pollution Prevention Regulations in Canada Gazette Part I, which incorporates the Polar Code by reference with specific Canadian modifications.
• The Polar code will increase international safety an environmental standards for ships operating in Arctic and Antarctic waters by introducing requirements for ship design and construction, onboard equipment, operations and manning, and protection of the marine environment.
• The existing prohibition on the discharge of pollutants from ships has been maintained.
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Safety Provisions – Application• Canadian vessels operating in polar waters (defined by the IMO) and foreign
vessels operating in Canadian Arctic waters that are: o cargo vessels of 500 gross tonnage (GT) or more and passenger vessels
that are certified in accordance with Chapter I of SOLAS; ando vessels of 500 GT or more other than fishing vessels and pleasure craft.
• Additional Canadian provisions will apply in respect of Canadian vessels operating in polar waters (defined by the IMO) and foreign vessels operating in Canadian Arctic waters that are:o 300 GT or more; o engaged in towing or pushing another vessel, if the combined GT of the
vessel and the vessel being towed or pushed is 500 GT or more; ando carrying as cargo a pollutant or dangerous goods, or that are engaged in
towing or pushing a vessel that is carrying as cargo a pollutant or dangerous goods.
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E-Nav Related Initiatives • The unique Canadian requirements for two gyrocompasses, two echo
sounders and a weather facsimile receiver for operation in certain Shipping Safety Control Zones will be replaced by the Polar Code requirements of SOLAS XIV.
• Canada is proposing additional AIS carriage requirements that will harmonize with USCG and St. Lawrence Seaway carriage requirements (Navigation Safety Regulations)– A graphical display (beyond the MKD) will be mandatory, this means can be
external to the AIS.
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E-Nav Related Initiatives • Implementation of mandatory SOLAS carriage requirement for domestic
vessels 500gt or more outside the Great Lakes– ECDIS will be required on all new builts operating solely in the Great Lakes.
• Canada is participating in several IMO Correspondence Groups such as the group on consequential work related to the new polar code to supplement performance standards for navigation and communication equipment used in polar waters in support of the implementation of the Polar Code.
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Conclusion and Next Steps• Canada set out to negotiate a Polar Code that was (at minimum) equal to
provisions contained within the domestic Arctic shipping regime. With few exceptions this objective was generally met.
• Accordingly, improvements and no significant changes to Canada’s Arctic shipping regime are expected following the domestic incorporation of the Polar Code.
• TC published the proposed Arctic Shipping Safety and Pollution Prevention Regulations in Canada Gazette Part I in July 2017, the final publication in Canada Gazette Part II is expected in early 2018.
• The development of the regulatory framework for E‐Navigation is still at an early stage. Transport Canada is in constant communication with the Canadian Coast Guard and we are working together closely for the next IMO Sub‐Committee meeting on Navigation, Communications and Search and Rescue.
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