The Polar Code and the Canadian Arctic

Transcription

1 The Polar Code and the Canadian Marie Hélène Roy Transport Canada, Marine Safety and Security E Navigation Underway (North America) St. John s NF, October 17 th, 2017

2 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 s 2

3 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

4 Canada s Marine Safety System Domestic Framework Canada Shipping Act, 2001 (CSA, 2001) is main federal legislation o Applies 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, Waters Pollution Prevention Act.

5 s Marine Safety System 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 PREPAREDNESS AND RESPONSE Incident command Response organizations Places of refuge Science table Aerial surveillance Regional advisory councils Search and rescue Cross-border contingency plans LIABILITY AND COMPENSATION Polluter pays principle Compulsory insurance International and domestic funds International consistency Adequate compensation Safe and Efficient Shipping

6 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 6

7 Canadian : What s Different Canada

8 Canadian : What s Different Canada s regime for marine transportation has been in place for over 40 years specific Acts and regulations include: o Waters Pollution Prevention Act o Shipping Pollution Prevention Regulations o Northern Canada Vessel Traffic Services Zone 8

9 Canadian : What s Different Waters Pollution Prevention Act Complements CSA 2001 with focus on Canadian 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 pollutants o 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. 9

10 Incorporating the Polar Code within Canadian Regulations Transport Canada has published the 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 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. 10

11 Safety Provisions Application Canadian vessels operating in polar waters (defined by the IMO) and foreign vessels operating in Canadian 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; and o 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 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; and o 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. 11

12 E-Nav Related s 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. 12

13 E-Nav Related s 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. 13

14 Conclusion and Next Steps Canada set out to negotiate a Polar Code that was (at minimum) equal to provisions contained within the domestic shipping regime. With few exceptions this objective was generally met. Accordingly, improvements and no significant changes to Canada s shipping regime are expected following the domestic incorporation of the Polar Code. TC published the proposed 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 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. 14