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Arctic Legal Landscape Canada/Russia/International. V. M. Santos-Pedro Transport Canada. IMO World Maritime Day Halifax, NS, Canada November 2008 . Overview. Thirty second tour of Arctic shipping activity Comparison of Canadian, Russian and IMO regulatory regimes
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Arctic Legal Landscape Canada/Russia/International V. M. Santos-Pedro Transport Canada IMO World Maritime Day Halifax, NS, Canada November 2008
Overview • Thirty second tour of Arctic shipping activity • Comparison of Canadian, Russian and IMO regulatory regimes • Moving towards harmonization of standards
Arctic Shipping Today • Modes of Arctic Marine Transport: • Destination & Regional • Trans-Arctic • Trans-Arctic with Transshipment • Intra-Arctic
Canada Arctic Waters Pollution Prevention Act (1970) Arctic Waters Pollution Prevention Regulations Arctic Shipping Pollution Prevention Regulations Canada Shipping Act (2001) Ice Navigation in Canadian Waters (Canadian Coast Guard Publication) Russia Guide to Navigation through the Northern Sea Route", 1996 Regulations for Navigation on the Seaways of the Northern Sea Route, 1991 Regulations for Icebreaker- Assisted Pilotage of Vessels on the NSR, 1996 Requirements for Design, Equipment, and Supply of Vessels Navigating the NSR,1996 National Arctic Shipping Legislation
Canada Application to use NWP required for state vessels - 4 mo. to one year lead Report to NORDREG on entry to zone and once a day (1600 UTC) Required 96 hour advance notice (Marine Security Regulations) Russia Application to use NSR required - 4 mo. lead time Must report twice a day while in transit Substantial fees to use NSR Administrative / Reporting arrangements
Canada Compliance with Marine Liability Act (based on Civil Liability Convention) Vessels subject to Port State Control Subject to spot inspections at any time Russia Demonstration of civil liability protection required Mandatory inspection prior to use of NSR Subject to spot inspections at any time Liability/Compliance Requirements
Canada Fixed: Shipping Safety Control Zones with zone-date system based on vessel/crew capability Flexible: Arctic Ice Regime Shipping System (AIRSS) based on actual ice conditions Russia Must maintain selected route unless under state “ice pilot” Icebreaker assistance mandatory at certain choke points Routing Restrictions
Canada Ice reconnaissance and weather reports provided free to the ice- edge Routing and Icebreaker assistance available via NORDREG No other fees Russia Vessel under control of marine headquarters for icebreaking support Guided by shore based, aircraft, conventional or icebreaker leading or icebreaker assisted pilotage Appropriate radio contact must be maintained Ice Management Assistance
Canadian Ice Management Capabilities Henry Larsen Louis St-Laurent Terry Fox Nahidik Dumit Eckaloo Pierre Radisson Amundsen ER Cache ER Cache ER Cache Des Groseilliers 1 x Bell 212 (seasonal) 1 x Bell 212 (seasonal) ER Cache National Air Surveillance MCTS Inuvik Sir W. Laurier MCTS Iqaluit Iqaluit Beachmaster Sarnia (Regional HQ & Operations Centre) CCG Base Hay River
Canada Certified ice navigator required: (1) a tanker, at all times, and (2) ships, other than a tanker, as detailed in Schedule VIII of the ASPPRs Ice navigator must be qualified master or person in charge of deck watch for at least 50 days, with at least 30 days in Arctic waters Master maintains ultimate control despite ice pilots and directions from shore command Russia Two ice pilots required Ship crew must be able to maintain three watch system Master must have 15 days NSR ice experience Master maintains ultimate control despite ice pilots and directions from shore command Crewing
Canada Zero-discharge of waste (with minor exceptions) Bilge water discharge restrictions (Ballast Water Control and Management Regulations 2006) No potential pollutants allowed on ship side or bottom and other construction and equipment requirements Russia Also more stringent than MARPOL Wastewater treatment facility with 30 day holding tank Bilge water separator Bilge water and garbage discharge restrictions Double bottom with no storage on petroleum products and other construction requirements Pollution Prevention Provisions
Construction/Equipment • Russia • Russian Register Ice class L1, UL or ULA required (equivalent to Lloyds Register 1A, 1AS and AC1) • Special stability requirements for icing, and minimum navigation and equipment requirements • Canada • Special construction requirements for ships over 100 gross tonnage, carrying more than 453 cubic metres of oil • Arctic, CAC, Baltic Classes • Special navigation equipment requirements for ships in safety control zones
The Vision • “Harmonized standards for all vessels operating in ice-covered waters” • “Polar Code”: IMO Guidelines + IACS Polar Class Rules • December 2002 IMO Joint Circular Guidelines for Ships Operating in Arctic Ice-covered Waters • March 2008 IACS Members adopt Polar Rules • 2008/09 IMO undertakes update of Guidelines • Future Canada adopts IACS Polar Rules by reference
Chronology of Polar Rules • 1991 Germany proposes Class Rules for polar waters (MSC 59) • 1992 Russia proposes zero discharges in Arctic waters (DE 35) • 1993 Finland hosts meeting of experts and Outside Working Group (OWG) formed by IMO (DE 36) • 1994 Calgary hosts first official meeting of OWG (ICETECH ‘94) • 1998 Canada submits draft Polar Code (DE 41) • 2000 United States proposes reduced scope as Guidelines for Ships Operating in Arctic Ice-covered Waters (DE 43) • 2002 Guidelines approved by IMO as MSC/MEPC Joint Circular • 2005 Antarctic Treaty countries propose amendment of Guidelines to include Antarctic Waters • 2006 IACS Council approves Polar Rules Unified Requirements • 2008 IMO forms correspondence group to update Guidelines (DE 51)
Finnish/ • Swedish • ASPPR • Russian Register • Polar • (IACS) • 1A Super • Type A • UL • PC6 • 1A • Type B • L1 • PC7 IMO Arctic Shipping Guidelines • Construction • Equipment • Operational • Environmental Protection Nominal Ship Equivalencies
Structural Tasks Terminology Ship-Ice Interactive Scenarios Polar Classes Hull Areas Materials and Grades of Steel Abrasion/Corrosion Allowances Longitudinal Strength Plating and Framing Powering Appendages Direct Calculations Machinery Tasks Propeller-Ice Interaction Forces Propeller Strength Procedures Shafting Gears Steering Systems Sea Water Cooling Powering Machinery Accelerations IACS Unified Requirements for Polar Ships
Conclusion • Climate change and economic realities may result in significant increases in Arctic marine activity • Additional protection is required for ice-covered waters • Existing regimes provide protection, have differences, and application is not uniform • Harmonized standards will enhance safety and environmental protection while facilitating sustainable development