Government Oversight at Marine Safety and Security

1. Government Oversight at Marine Safety and Security World Maritime Day Observance Conference Fall 2013

2. Objectives • Explain who we are • Situate Marine Safety and Security (MSS) within Transport Canada (TC). • Describe TCMSS’s vision, mission, and mandate • Promoting a Safety Culture • Explain TCMMS’s oversight role • Oversight in the Arctic

3. TC’s Safety and Security Organizational Chart Assistant Deputy Minister Safety and Security Aircraft Services Civil Aviation Road Safety Strategies and Integration Marine Safety and Security Security and Emergency Preparedness Transportation of Dangerous Goods Rail Safety Aviation Security

4. Marine Safety and Security • Vision: A Marine industry where safety, security, and environmental protection are the top priorities. • Mission: To continuously maintain and enhance safety, security and the protection of life, health, property and the marine environment through: • the development, maintenance and implementation of an effective regulatory regime; • education and awareness; and • monitoring and enforcement.

5. Marine Safety and Security- Mandate • Developing, administering and enforcing national and international laws and policies governing marine safety, security and pollution prevention; • Promoting safe practices and procedures; • Overseeing training programs for officers and crews of commercial ships; • Responding to marine occupational safety, security and health issues; • Maintaining a Canadian ship registry; • Protecting and enhancing safety of marine navigation; • Protecting the marine environment in Canadian waterways; • Licensing small commercial vessels and pleasure craft; and • Overseeing pilotage matters.

6. TCMSS’s oversight role TCMSS’s oversight activities can be divided into two aspects: Regulatory and Program Development. TCMSS regulates all aspects of marine activity in Canada primarily through the Canada Shipping Act, 2001 and other Acts which are aligned with IMO and industry standards where possible. Other Acts include: • Marine Security Transportation Act • Navigable Waters Protection Act • Arctic Waters Pollution Prevention Act • Safe Containers Act • Canada Labour Code • Coasting Trade Act • Contraventions Act • Transport of Dangerous Goods Act • Pilotage Act • Marine Liability Act

7. TCMSS’s oversight role TCMSS ensures compliance with its regulatory framework through numerous programs. • PLEASURE CRAFT: Office of Boating Safety • NON-PLEASURE CRAFT (commercial vessels): Small Vessels: • Encourages voluntary Safety Management System (SMS) • Small Vessel Compliance Program Large Vessels: • Transport Canada Inspection and Certification Program • Applies to vessels of more than 15 gross tons (GT) and to vessels carrying more than 12 passengers • In Canada, this includes more than 10,000 vessels • Vessels over 150 gross tons and passenger vessels are inspected annually. • Vessels between 15 and 150 gross tons are inspected quadriennally.

8. TCMSS’s oversight role LargeVessels: • Safety Management Systems • Mandatory SMS for SOLAS vessels; TCMS encourages voluntary SMS for non-SOLAS vessels • Regulatory project underway so that SMS will become mandatory for vessels more than 500 GT, and/or carrying more than 50 passengers. • Alternative Service Delivery (ASD) for vessels of 24m and above (1st January 2014) • Delegated Statutory Inspection Program (DSIP) • Inspection and certification of vessels by recognized classification societies will become mandatory for new vessels in January 2014. Vessels will be phased in at their next drydock. • There are currently five classification societies recognized by the Minister of Transport for the purpose of vessel inspection and certification in Canada: ABS, BV, DNV, GL, LR • RO authorization and oversight program • Concentrated Inspection Campaigns (CIC) • Compliance Inspections • Marine Occupational Safety and Health Inspection Program (MOSH)

9. TCMSS’s oversight role Programs for Foreign vessels: • Port State Control Program (Canada is a signatory to both the Paris and Tokyo Memorandum of Understandings) • Inspections for a Letter of Compliance under the Coasting Trade Act • Bilateral agreements between Canada and the United States Programs for Seafarer Competency: • STCW Certificates of Competency for Deck officers and Engineers • Domestic Certificates of Competency for Deck officers and Engineers • Pleasure Craft Operator Competency Program Enforcement of TCMSS’s compliance program: • Administrative Monetary Penalties (AMP) • Assurances of Compliance (AC) • Suspension or Cancellation of Certificates (CMDs) • Vessel Detention

10. TCMSS’s oversight role in the Arctic • Regulatory Framework • Arctic Waters Pollution Prevention Act • Oversight through: • Arctic Pollution Prevention Certificate • Arctic Pollution Prevention Officers

11. Protection of Canadian Arctic Waters from Ship-Source Pollution • In addition to the Canada Shipping Act 2001 regime Canada has a regime that applies to all ships north of 60° under the Arctic Waters Pollution Prevention Act (AWPPA) • The AWPPA was passed in 1970 following the transit of the Northwest Passage by the oil tanker Manhattan in 1969. • The main regulations administered by Transport Canada under the AWPPA are the Arctic Shipping Pollution Prevention Regulations. • Some Arctic specific requirements also exist in other regulations for navigation safety and radio equipment. • The requirements of the AWWPA applies to all ships within the Canadian EEZ.

12. Protection of Canadian Arctic Waters from Ship-Source Pollution • The raison d'être for the AWPPA is in its name – pollution prevention • Pollution prevention is achieved by: • Zero-discharge of waste, with few exceptions • Establishing systems to help ships avoid ice that exceeds their level of ice-strengthening, thereby limiting the risk of spills due to ice damage • Additional navigation safety equipment for operation in ice • Mandatory vessel position/route reporting to: • Assist in determining compliance with regulatory requirements • Help provide navigators to receive local weather and ice information to help them complete their voyages safely • Provide a more rapid response in the event of an emergency

13. Arctic Waters Pollution Prevention ActDischarge limits • Established pre-MARPOL, the Act introduced a precautionary zero-discharge regime, with exceptions allowed by regulation only • Exceptions were based on technological limitations/concerns and operational realities: • stern tube lubricant leakage • sewage • discharges required to keep the vessel from sinking or to minimize damage and/or reduce the overall level of pollution

14. Arctic Waters Pollution Prevention ActKey Provisions Key provisions of the regime include requirements for : • avoiding ice that exceeds a vessel’s limits (ice strengthening), using two available systems; • the Zone/Date system; • the Arctic Ice Regime Shipping System (AIRSS); • an experienced ice navigator, in certain cases; • limits on the carriage of oil and waste in direct contact with the shell plating on Arctic Class* Ships; • navigation equipment – gyrocompasses, echo-sounders, ability to receive ice information, radar – based on size and type of vessel; • mandatory vessel position and route reporting in support of information provision and prompt SAR/pollution response

15. TCMSS’s oversight role in the Arctic • Arctic Pollution Prevention Certificate • It is a voluntary document that indicates (evidences) compliance with the Arctic Shipping Pollution Prevention Regulations (ASPPR). The certificate provides ship owners and TCMSS with evidence that a ship meets the Arctic regulatory requirements in advance of the vessel entering Canadian arctic waters. • An Arctic Pollution Prevention Certificate may be issued by either Transport Canada or by a Classification Society that is a member of International Association of Classification Societies (IACS) or is a Canadian Recognized Organization (RO), upon confirmation by the organization that the vessel is in compliance with the ASPPR. • An Arctic Pollution Prevention Certificate is a voluntary document, and as such not required by vessels entering Canadian Arctic waters. However, as it provides evidence that the vessel complies with the ASPPR, this may avoid costly delays and even re-routing of the vessel by an Arctic Pollution Prevention Officer. • Powers of the Arctic Pollution Prevention Officer: Conduct inspections on board any ship that is within a shipping safety control zone (Canadian Arctic waters) to determine whether the ship complies with any regulation made under Arctic Waters Pollution Prevention Act that are applicable to the ship;

16. TCMSS’s oversight role in the Arctic • Powers of the Arctic Pollution Prevention Officer: Order any ship that is in Canadian Arctic waters to proceed outside or to remain outside of a shipping safety control zone, or to anchor in a place selected by the officer, if • the officer suspects, on reasonable grounds, that the ship fails to comply with any regulations that are or would be applicable to it within that shipping safety control zone, • the ship is within the shipping safety control zone or is about to enter the zone in contravention of a regulation, or • the officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or its equipment or the nature or condition of its cargo, that such an order is justified in the interests of safety; and Where the officer is informed that a substantial quantity of waste has been deposited in the Arctic waters or has entered the Arctic waters or where, on reasonable grounds, the officer is satisfied that a grave and imminent danger of substantial deposit of waste in the Arctic waters exists, • order all ships within a specified area of the Arctic waters to report their positions to the officer, and • order any ship to take part in the clean-up of the waste or in any action to control or contain the waste.

17. Conclusion • Marine Safety and Security has a robust regulatory framework supported by strong oversight. • MSS promotes a safety culture by its numerous programs that reflect the Canadian fleet. • In recognition of the additional risk to navigation and the sensitivity of the Arctic environment, MSS has one of the most efficient regimes in the world for northern areas such as the Arctic Region.

18. Questions? Contact: Julie Gascon Executive Director Domestic Vessel Regulatory Oversight and Boating Safety julie.gascon@tc.gc.ca