Commercial Marine Shipping Accidents Understanding Risks Canada

Chapter 2 Commercial Marine Shipping Activity and Accident Prevention in Canada
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Box 2.1
Marine Risk Prevention:
An International Perspective
A number of international conventions are particularly
important for mitigating the risks of marine shipping. The
IMO’s International Convention for the Prevention of Pollution
from Ships (MARPOL), for example, is the “main international
convention covering prevention of pollution of the marine
environment by ships from operational or accidental causes”
(IMO, 2015c). The International Convention for the Safety
of Life at Sea (SOLAS) is the most important instrument
regarding the safety of commercial ships (IMO, 2015b), and the
International Convention on Standards of Training Certification
and Watchkeeping for Seafarers (STCW) sets out minimum
standards for all signatories (IMO, 2015a). A fourth code of
major importance, the International Safety Management Code
(ISM), covers ship management, operations, and pollution
prevention, requiring the establishment of safety management
systems (IMO, 2016c).
Table 2.4
Canadian Acts Governing Marine Shipping
Act
Notes
The Oceans Act
Highlights the various zones of Canadian oceans, the Arctic included, as well as describing the Ocean Management
Strategy within which power to create and regulate marine protected areas in Canadian oceans is given. The Act also
outlines the regulations relating to Marine protected areas.
Arctic Water Pollution
Prevention Act (AWPPA)
Canada Shipping Act (CSA)
Marine Liability Act (MLA)
Marine Transportation
Security Act (MTSA)
Navigation Protection Act
(formerly Navigable Waters
Protection Act)
Coasting Trade Act
Flag states — the country in which a vessel is registered — are
responsible for implementing IMO rules and regulations
in their jurisdictions (IMO, 2016b). Canada, through
Transport Canada’s Port State Control authority, monitors
compliance through boarding and inspection. 6 Port State
Control activities include expanded inspection for chemical
tankers, gas carriers, oil tankers, bulk carriers, and ships
over 12 years of age (TC, 2015b). In 2015, for example,
Canada inspected 981 vessels as reported under the Paris
MOU, finding deficiencies in 485 inspections (49%), with
3% classified as high risk. This led to the detention of
22 vessels (2%) (PSC, 2014).
Under the Constitution of Canada, the federal government
has authority over shipping, navigation, and fisheries in
both Canadian ocean waters (i.e., out to the 200 nautical
mile Exclusive Economic Zone) and navigable inland
waters (Becklumb, 2013). Thus, the federal government
can regulate shipping routes, vessel emissions and discharges,
and safety (Becklumb, 2013). Foremost among the various
Canadian laws and policies that apply to marine shipping is
the Canada Shipping Act, 2001, which establishes, for example,
licensing requirements and safety standards. The Act applies
to all vessels in Canadian waters, as well as Canadian vessels
internationally (TC, 2012c). Table 2.4 provides a list of several
federal acts that govern marine shipping.
Provides measures to prevent pollution from ships, and in particular, the deposit of waste into Arctic waters. Includes
regulations to deal with navigating including the need for ice navigators and a Zone/Date System (Z/DS) identifying
safety zones and opening and closing dates for those zones for ships of different ice classes.
Represents Canada’s principal legislation for marine shipping and recreational boating in all Canadian waters
including the Arctic.
Requires that the owners and/or operators of vessels are responsible and liable for their vessels and the consequences
of their operation.
Provides for the security of marine transportation and applies to marine facilities in Canada and Canadian ships
outside of Canada.
Protects the public right to navigate and ensures a balance between public right and need to build works which may
obstruct navigation.
Supports domestic marine interests by reserving the coasting trade of Canada to Canadian registered vessels. The
legislation provides a process to temporarily import a foreign vessel under a coasting trade licence when a suitable
Canadian registered vessel is not available or in the case of transportation of passengers. In this case duty taxes under
Customs Tariff and Excise Tax Act apply.
Table taken from Dawson, 2014
6 Port State Control is an internationally agreed authority held by countries who are signatories to the UN Convention on the Law of the Sea (UN,
2013). Through ship inspection, the Canadian government exercises its rights to ensure vessels entering Canadian waters are not substandard.
Upon entering national ports, foreign vessels are boarded and inspected to verify adherence to international conventions (TC, 2013c). Port State
Control acts as a safety net to avoid substandard ships, with the ability to record deficiencies and detain ships (IMO, 2015h; TC, 2015b). Transport
Canada is responsible for these inspections in Canadian ports. Canada is a signatory to the Paris MOU (an Atlantic Port State Control agreement)
and the Tokyo MOU (a Pacific Port State Control agreement). These MOUs allow for the coordination of Port State Control activities between
signatories (TC, 2013c; IMO, 2015h).