Canada Gazette, Part I, Volume 151, Number 26: Arctic Shipping Safety and Pollution Prevention Regulations

July 1, 2017

Statutory authorities
- Arctic Waters Pollution Prevention Act
- Canada Shipping Act, 2001
Sponsoring department
- Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On January 1, 2017, the International Code for Ships Operating in Polar Waters (the Polar Code) entered into force internationally. The product of years of negotiations at the International Maritime Organization (IMO), the primary objective of the Polar Code is to address the unique hazards confronted by certain vessels operating in the Arctic and Antarctic (the Polar Regions) through the introduction of a variety of safety and pollution prevention measures, including those related to design and equipment, vessel operations, crew training, communications and on-board procedures, and protection of the marine environment.

The absence of mandatory international measures applicable to ships operating in Polar Regions (including the Canadian Arctic) has not only contributed to heightened levels of safety and environmental risk, it has also resulted in a patchwork of individual Arctic State rules and in an inconsistent regulatory environment for ships transiting throughout the region.

Although Canada has had its own unique domestic Arctic shipping regime based on the central tenets of precautionary ship safety and pollution prevention since the early 1970s, this regime contains certain measures that are now outdated and require revision to reflect advancements in ship design and technology.

Background

A combination of variables, including changing environmental and seasonal ice conditions, fluctuating commodity prices and concomitant resource development potential, and the prospect of shorter transit routes, are resulting in increased levels of shipping throughout parts of the Arctic and Antarctic.

While some Coastal States, including Canada, have well-established regimes to mitigate the safety and environmental risks associated with shipping in their domestic waters, few compulsory requirements are contained within international conventions that take into consideration polar hazards. Accordingly, in 2010, and after years of developing voluntary measures, the IMO initiated the development of mandatory measures in the form of the International Code for Ships Operating in Polar Waters or, simply, the Polar Code.

Canada played an instrumental role in the development of the Polar Code at the IMO, leveraging over 40 years of experience as a world leader in the oversight of Arctic shipping. As a result of this active engagement, the content of the Polar Code — from the hazards addressed, to how a ship is to operate in ice, to the restrictions placed on certain discharges — is influenced significantly by the safety and environmental standards contained within the Canadian regime, though certain differences do remain.

The Polar Code was adopted by the IMO in May 2015 via amendments to two international conventions, the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended, and the Protocol of 1988 relating to the Convention, and the International Convention on the Prevention of Pollution from Ships (MARPOL). The Polar Code is composed of four main parts: Part I-A (Safety Measures), Part I-B (Additional Guidance for Part I-A), Part II-A (Pollution Prevention Measures), and Part II-B (Additional Guidance for Part II-A).

SOLAS is considered the most important of all international treaties concerning the safety of merchant ships at sea. The primary objective of SOLAS is to specify minimum standards for the construction, equipment and operation of ships. Similarly, MARPOL is the primary international convention covering the prevention of pollution of the marine environment from ships, and includes regulations designed to prevent and minimize pollution that is accidental or that results from routine operations. MARPOL contains six separate annexes, each of which has measures to address specific types of pollution.

As a party to both international conventions, and as a result of steps taken by Canada under each of the conventions, Canada will become bound by the Polar Code safety-related technical amendments on January 1, 2018. Similarly, Canada will only become bound by the amendments to MARPOL when it gives its express approval to the IMO.

Objectives

The primary objectives of the proposed Arctic Shipping Safety and Pollution Prevention Regulations (the proposed Regulations) are to

make the Polar Code applicable to certain Canadian flagged vessels operating in Polar Regions, therefore, introducing new requirements that address safe ship operations and the protection of the polar environment;
ensure the continuation of existing levels of safety and pollution prevention currently applicable to certain vessels operating within the Canadian Arctic; and
introduce improvements to help modernize elements of the safety and pollution prevention regime for certain vessels operating in the Canadian Arctic and for Canadian flagged vessels operating in the Polar Regions.

To accomplish these primary objectives, the proposed Regulations will include specific safety and pollution prevention provisions that address

the unique hazards associated with polar operations;
the additional demands that polar operations place on ships, their systems, and operations (including navigation); and
the vulnerability of coastal Arctic communities and polar ecosystems to ship operations.

Description

The proposed Regulations would implement in Canada the amendments to SOLAS and MARPOL that make the Polar Code mandatory, while also making a variety of consequential amendments to avoid either conflict or duplication with other regulations that contain measures relevant to Arctic shipping operations. In particular, the existing Arctic Shipping Pollution Prevention Regulations (ASPPR) would be repealed, though many of the provisions contained in the ASPPR would be reintroduced in the proposed Regulations. Maintaining existing levels of safety and pollution prevention applicable to ships operating in the Canadian Arctic is of utmost importance. To this end, a variety of additional Canadian modifications not currently contained within the adopted text of the Polar Code would be introduced.

General provisions

The general provisions section contains definitions and interpretation, scope of application, and compliance provisions applicable to both Part 1 and Part 2 of the proposed Regulations. The introduction of definitions not captured within the adopted text of the Polar Code is included to reflect the applicability and addition of certain Canadian-specific modifications related to safety and pollution prevention measures.

Through incorporation by reference and other processes described below, one of the primary objectives of the proposed Regulations is to make the Polar Code applicable to certain Canadian flagged vessels operating in Polar Regions. While the geographical application and the types of vessels captured by the Polar Code are clearly established, identifying where and to what vessels any specific Canadian additions or modifications apply requires the development of another set of criteria. Accordingly, for the purposes of making this distinction, the definition of “shipping safety control zone” (SSCZ) is used to help identify under what circumstances Canada has introduced measures different from or in addition to those contained in the Polar Code.

Of note, the definition of SSCZ is similar in scope to the definition of “Arctic Waters” contained within the Arctic Waters Pollution Prevention Act, with the exception that it does not include rivers, lakes or fresh waters.

The proposed Regulations adhere to criteria established under the United Nations Convention on the Law of the Sea (UNCLOS) in that they do not apply to government vessels and to foreign state vessels being used on government non-commercial services.

Part 1 (Safety Measures)

General application

Part 1 of the proposed Regulations comprises a provision that incorporates the Polar Code by reference as captured by SOLAS Chapter XIV, in addition to provisions imposing other Canadian requirements discussed in more detail below. Chapter XIV is made up of four unique regulations:

Regulation 1 — contains definitions relevant to and used throughout Part I-A of the Polar Code;
Regulation 2 — identifies the vessels to which Part I-A of the Polar Code applies, in addition to underscoring that nothing contained within the Polar Code prejudices the rights or obligations of States under international law;
Regulation 3 — indicates that in addition to surveys required for other SOLAS certificates, vessels subject to Part I-A of the Polar Code will be required to obtain a Polar Ship Certificate (PSC); and
Regulation 4 — notes that deviations from the prescriptive content contained in sections of Part I-A of the Polar Code may occur only if proposed alternative designs and arrangements meet the intent and goal of the functional requirements therein, in addition to providing an equivalent level of safety.

According to the criteria established under the Polar Code, SOLAS Chapter XIV would apply to Canadian vessels operating in Polar Regions and foreign vessels operating within the SSCZ that are cargo vessels of 500 gross tonnage (GT) or more, and passenger vessels, both certified according to SOLAS Chapter I in addition to vessels of 500 GT or more that are not certified under SOLAS Chapter I. The safety requirements (Part 1) of the proposed Regulations do not apply to fishing vessels, pleasure craft, or vessels without a mechanical means of propulsion, though certain other Canadian requirements do apply.

As defined in Regulation 1 of Chapter XIV of SOLAS, the Polar Code is written within IMO resolutions MSC.385 (94) and MEPC.264 (68). The summarized content of the Polar Code's mandatory safety measures (Part I-A) follows below.

Polar Code, Part I-A

Introduction

The introduction contains the primary goal of the Polar Code, definitions to be used in both Part I-A and Part II-A of the Polar Code, a list of hazards to consider during polar operations, and a brief description of the Code's structure. The introduction provides definitions to establish the context for the Polar Code, many of which are similar to definitions used in the Canadian regime.

Chapter 1 — General

Chapter 1 provides the overall structure and framework for Part I of the Polar Code, as well as additional definitions not noted in the introduction, the requirements for the issuance of Polar Ship Certificates and surveys, and the general criteria for determining ship performance standards and operational assessments.

Where they exist, definitions of terms shared between this chapter and those used within the current Canadian regime are largely similar or equal to one another. This chapter also requires that the Polar Ship Certificate reference a methodology to assess the operational capabilities and limitations of the vessel in ice. Under the current Canadian regime, the Zone/Date System (ZDS) and the Arctic Ice Regime Shipping System (AIRSS) currently accomplish this.

Chapter 2 — Polar Water Operational Manual (PWOM)

Chapter 2 describes content to be included in the Polar Water Operational Manual (PWOM), a mandatory ship-specific document designed to support decision making through the identification of procedures for operations under routine and emergency conditions.

No direct PWOM equivalent is required under the existing Canadian regime, although the PWOM must contain references to methodologies used to determine capabilities and limitations of a vessel in ice (e.g. ZDS, AIRSS). The PWOM requires that a variety of risk-based procedures not covered through AIRSS or other Canadian regulations (e.g. low temperature avoidance, environmental conditions beyond ice) be taken into consideration.

Chapter 3 — Ship Structure

Chapter 3 includes provisions to ensure that the material and scantlings of ships with or without ice strengthening retain their structural integrity under certain environmental loads and conditions.

This chapter seeks to provide assurance that a ship's structure is suitable for the environmental conditions (e.g. ice loads and temperature) by requiring that a ship's design plans be made to a recognized standard, such as the Polar Class or the Finnish-Swedish (Baltic) classes, and that materials be suitable for the temperature if the vessel may operate at low temperatures. The contents of this chapter are generally similar to (or higher than) equivalent measures contained in the Canadian regime.

Chapter 4 — Subdivision and Stability

Chapter 4 identifies requirements for ensuring adequate subdivision and stability for both damaged and intact vessels at risk of ice accretion or ice-related damage.

Provisions regarding ice accretion under both intact and damaged stability conditions contained in Chapter 4 are generally similar to those in the Canadian regime.

Chapter 5 — Watertight and Weathertight Integrity

Chapter 5 contains requirements to maintain the watertight and weathertight integrity of all closing appliances and doors on board a ship.

The Canadian regime has few specific requirements to address the maintenance of watertight and weathertight integrity of such spaces on board ships operating in polar regions.

Chapter 6 — Machinery Installations

Chapter 6 identifies requirements for ensuring that the machinery installations used on board ships operating in polar regions are capable of functioning under low temperatures and anticipated environmental conditions.

Provisions contained in this chapter are generally broader and less prescriptive than related provisions in the Canadian regime. Provisions contained in this chapter are applicable to Category A, B and C ships, whereas similar machinery installation requirements under the Canadian regime are restricted to Arctic Class ships.

Chapter 7 — Fire Safety/Protection

Chapter 7 includes measures to ensure that fire safety systems and appliances are effective and operable, and that means of escape remain available under expected environmental conditions and at low air temperatures.

The Canadian regime has no provisions for fire safety and extinguishing specific to conditions found while operating in the Arctic. Accordingly, the requirements in this chapter are generally higher than those that vessels operating in Canadian Arctic waters are subject to. Polar Code provisions apply to new and existing vessels if such vessels may encounter the conditions the provisions are intended to address.

Chapter 8 — Life-Saving Appliances and Arrangements

Chapter 8 contains requirements that provide for safe escape, evacuation and survival under various operating conditions.

The Canadian regime has no specific provisions for lifesaving appliances and arrangements unique to Canadian Arctic operations. Provisions contained in this chapter of the Polar Code will apply to new and existing vessels if such vessels may encounter the conditions the provisions are intended to address. Requirements for partially or totally enclosed lifeboats are higher in the Polar Code than the current SOLAS requirements. Most other requirements in the chapter are generally higher than those of the existing Canadian regime, including having specific requirements in place to assist with escape or evacuation in ice and snow conditions, or the requirements for personal survival equipment that provides sufficient frostbite protection.

Chapter 9 — Safety of Navigation

Chapter 9 contains measures to provide for safe navigation, including with respect to ships involved in operations with an icebreaker escort and the addition of certain navigational safety equipment.

The Canadian regime requires that certain navigation safety equipment be present when operating in certain Shipping Safety Control Zones depending on the size of the vessel. Polar Code measures will require additional navigation safety equipment for certain vessels operating in parts of the Canadian Arctic.

Chapter 10 — Communications

Chapter 10 provides for effective communications for ships and survival craft during normal and emergency situations.

Chapter contents are generally similar to the existing Canadian communication regime for vessels operating in the Arctic, though more explicit requirements for search and rescue (SAR) and telemedical assistance communications are included.

Chapter 11 — Voyage Planning

Unlike previous chapters, Chapter 11 does not include specific regulations required to be met. Instead, this chapter is designed to ensure that the company, master and crew are provided with sufficient information to enable operations to be conducted with due consideration to the safety of ships and persons on board and, as appropriate, environmental protection.

With the exception of the requirements for a PWOM, all of the requirements noted in this chapter are similar or equal to those currently contained within a variety of Canadian government publications (e.g. Notices to Mariners).

Chapter 12 — Manning and Training

Chapter 12 includes requirements to help ensure that ships operating in polar waters are appropriately manned by adequately qualified, trained and experienced personnel.

The Polar Code contains requirements, dependent upon ice conditions and the type of vessel, for ships' officers to be trained and qualified. Similar to the ice navigator in the Canadian regime, the Polar Code recognizes a person, other than a ship's officer, who is suitably qualified as meeting the requirements. Further, the requirements for certificated personnel are similar to those in the ASPPR in terms of type of vessel and ice conditions. Other provisions contained within Chapter 12 are higher than the existing Canadian regime, including additional training and qualifications on tankers and passenger vessels in open waters.

Canadian additions and modifications

A variety of other non-SOLAS requirements (i.e. requirements not contained within the adopted text of the Polar Code) are being either introduced or reintroduced into Part 1 of the proposed Regulations. Except where otherwise provided, these Canada-specific additions would apply only to Canadian and foreign vessels operating within the SSCZ that are

Vessels of 300 gross tonnage or more;
Vessels carrying pollutants or dangerous goods, or vessels towing or pushing a vessel that is carrying pollutants or dangerous goods;
Vessels towing or pushing another vessel if the combined weight of the vessels is 500 GT or more; and
Passenger vessels that are certified as meeting the requirements of SOLAS Chapter I.

The aforementioned scope of application criteria are intended to generally parallel that of the mandatory Northern Canada Vessel Traffic Services Zone Regulations (NORDREG) reporting requirements and have been deliberately chosen in an effort to not only ensure that any added safety requirements are appropriately and commensurately assigned, but also as an effort to promote harmonization across other areas of Canada's Arctic shipping regime.

The Canada-specific modifications and additions to the safety measures of the Polar Code, as captured within the proposed Regulations, include the following.

Reintroduced requirements with modifications

Canada's existing two methodologies to assess a vessel's operational capabilities and limitations in ice [e.g. the Zone/Date System (ZDS) and the Arctic Ice Regime Shipping System (AIRSS)] would be maintained, while the IMO's Polar Operational Limit Assessment Risk Indexing System (POLARIS) would be adopted as an official third option.

As required by the ZDS, a vessel of an identified class or type may only operate within the SSCZ if it stays within the range of predetermined zones and dates identified in the proposed Regulations. A vessel may operate outside of these predetermined zones and dates if the vessel uses either AIRSS or POLARIS and adheres to their respective operating criteria.

While similar in scope and intent, AIRSS and POLARIS are nevertheless two unique methodologies for assessing a vessel's operational capabilities and limitations in ice conditions. Accordingly, Transport Canada recognizes that the use of either AIRSS or POLARIS by identical vessels in identical ice regimes could produce minor differences in operating outcomes depending upon which system is used. To help address certain situations where this variance could occur, the proposed Regulations will therefore require that all Polar Class vessels and/or all vessels built after January 1, 2017 (the international entry-into-force date of the Polar Code), and that do not use the ZDS must use POLARIS. All other vessels built before this date are afforded the option of using either AIRSS or POLARIS if operating outside of the ZDS.

Additionally, only vessels operating outside the ZDS using either AIRSS or POLARIS will be required to submit a message to the Minister (containing, among other things, vessel and route information) upon their first point of entry into the area covered by the SSCZ on a given voyage. Additional reporting will not be required when transiting within the SSCZ unless information contained within the initial entry message changes.

Vessels that choose to navigate within the SSCZ under AIRSS would also be required to have on board a qualified ice navigator. The criteria to receive this qualification have not departed from the criteria contained within the ASPPRs, except that an ice navigator, under the proposed Regulations, may now also be qualified and certified in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), and STCW Code for advanced training in international Arctic waters and the Antarctic area. Under the proposed Regulations, all vessels to which SOLAS Chapter XIV applies, in addition to non-SOLAS vessels of 500 GT or more operating within the SSCZ, are required to meet this STCW training. Accordingly, vessels with a gross tonnage that falls between 300 and 500 and that are operating within the SSCZ under AIRSS may choose between two options for ice navigator training.

New requirements

The proposed Regulations also introduce new requirements for vessels that intend to operate in areas with low air temperature, such as being assigned a cold service temperature or winterization notation, and having on board inflatable life rafts, marine evacuation systems, life boats and rescue boats that can operate at low temperatures. These requirements would be restricted only to Canadian flagged vessels built after January 1, 2017, to which SOLAS Chapter XIV applies, while operating in polar waters. These requirements are designed to be compatible with the Polar Code's Polar Service Temperature.

Part 2 (Pollution Prevention Measures)

The pollution prevention measures of the proposed Regulations are written with an understanding that pursuant to the Arctic Waters Pollution Prevention Act (AWPPA), a complete prohibition on the deposit of waste from ships exists in the Canadian Arctic except where authorized by regulations.

In order to maintain this existing deposit regime as closely as possible, the proposed Regulations only introduce select operational and structural pollution prevention measures found within Part II-A of the Polar Code. For example, while the adopted text of the Polar Code clearly indicates that the discharge into Arctic waters of oil or oily mixtures from ships is prohibited, reference to this prohibition in the proposed Regulations would be duplicative (and unnecessary) given the overarching provisions contained within the AWPPA.

Unlike Part 1 (Safety Measures) of the proposed Regulations which incorporates the safety content of the Polar Code by reference, with certain Canadian additions and modifications, only those provisions contained within Part II of the Polar Code that either add to or improve Canada's existing Arctic shipping pollution prevention regime are introduced into Part 2 of the proposed Regulations. Further, Part 2 of the proposed Regulations directly incorporates this select content (again with Canadian modifications and additions) rather than doing so by reference.

Application

Except where otherwise indicated, the pollution prevention sections of the proposed Regulations are applicable to Canadian vessels operating in polar waters and foreign vessels operating within the SSCZ.

Prevention of pollution by oil

Because the deposit of oil from vessels operating in Arctic waters that are under Canadian jurisdiction is already prohibited under the AWPPA, there is no need to introduce the similar prohibition captured by the Polar Code into the proposed Regulations. However, ensuring that Canada's current prohibition of the discharge of oil in those waters is maintained requires prohibiting certain Polar Code allowances for the discharge of clean ballast (that may contain up to 5 ppm of oil) and the discharge of oily water from machinery spaces of “Category A” vessels operating for more than 30 days in the Arctic. Accordingly, these operational allowances are left out of the proposed Regulations, while certain structural (e.g. double hulling for certain vessels) and operational requirements (e.g. modifications to oil records books and shipboard oil pollution emergency plans) that strengthen the oil pollution regime captured by Canada's Vessel Pollution and Dangerous Chemicals Regulations are included.

Control of pollution by noxious liquid substances in bulk

As the AWPPA already prohibits the deposit of noxious liquid substances (NLS), the proposed Regulations do not duplicate this Polar Code prohibition.

The proposed Regulations will require minor changes to certain operational requirements for vessels carrying NLS insofar as polar water operations will need to be reflected in various emergency plans and manuals, the carriage of which is currently required by the Vessel Pollution and Dangerous Chemicals Regulations.

In addition, the proposed Regulations will also prohibit the carriage of certain noxious liquid substances identified within the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code) on board certain vessels built after January 1, 2017, unless separated from the outer shell. This is a departure from the adopted text of the Polar Code which instead requires that the carriage of these certain noxious liquid substances be subject to the approval of the Administration.

Prevention of pollution by sewage from vessels

Under Canada's current Arctic shipping regime, there exists the allowance for the release of untreated sewage on board any ship into Canadian Arctic waters. Recognizing the advancements in sewage treatment technology, the proposed Regulations replace this allowance with the Polar Code's conditions when the discharge or deposit of treated sewage is allowed from vessels of 400 GT or more or certified to carry more than 15 persons.

Vessels that meet these criteria would be allowed to discharge or deposit sewage provided it is done in accordance with provisions established under MARPOL Annex IV and that discharges or deposits, depending upon the type of treatment being used, occur at certain set distances from ice. The proposed Regulations therefore incorporate the Polar Code's various operational discharge requirements.

For vessels not subject to MARPOL Annex IV (e.g. 400 GT or less and not certified to carry more than 15 persons) though more than 15 gross tonnage, the deposit of sewage would be subject to certain treatment, distance from ice, and speed considerations. For vessels of not more than 15 gross tonnage carrying not more than 15 persons, the deposit of untreated sewage would remain permitted.

Prevention of pollution by garbage from vessels

Only certain operational requirements contained in the Polar Code pertaining to garbage are incorporated into the proposed Regulations. As with other deposits, the AWPPA prohibits the deposit of waste except as provided by regulations. Accordingly, while the adopted text of the Polar Code allows for the discharge of cargo residues under certain conditions, the proposed Regulations maintain the prohibition of waste deposits established under the AWPPA by not introducing this allowance.

As with both oil and NLS, the proposed Regulations also require minor changes to certain other operational requirements for vessels carrying garbage, with vessels operating in polar waters now being required to reflect this carriage in various record books and plans as is currently established under the Vessel Pollution and Dangerous Chemicals Regulations.

Only food waste subject to certain criteria (e.g. comminuted or ground) would be permitted to be discharged or deposited, though similar to sewage discharge requirements, would also be subject to minimum distances from, and never on, ice.

Part 3 (Consequential Amendments, Repeal and Coming into Force)

To avoid conflict and duplication, and to reflect internationally agreed upon standards, a variety of consequential amendments are proposed to three other regulations that make up Canada's Arctic shipping regime. In addition to repealing the Arctic Shipping Pollution Prevention Regulations, sections of both the Navigation Safety Regulations and Ship Station (Radio) Regulations, 1999 pertaining to additional navigation safety equipment while operating within Arctic shipping safety control zones would be repealed in lieu of those requirements identified in the Polar Code. Further, modified text is also proposed for sections of the Vessel Pollution and Dangerous Chemical Regulations to limit conflict with the pollution prevention measures contained in the proposed Regulations.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal as there is no change in administrative costs to business. The proposed Regulations will not introduce new reporting, authorizations, notifications, or other similar administrative burdens. While a new certification requirement will be introduced by the proposed Regulations in the form of a Polar Ship Certificate (PSC), the existing certification identified under the Arctic Shipping Pollution Prevention Regulations (Arctic Pollution Prevention Certificate) will be eliminated, resulting in no increased burden.

Small business lens

The small business lens does not apply to the proposed Regulations as the total costs are under $1M and there are no small Canadian businesses directly impacted. However, the proposed Regulations would provide smaller ships, which are typically characterized as small businesses, a more straightforward means to comply with requirements regarding Arctic shipping safety and pollution prevention by introducing more predictable and uniform rules and standards across Polar Regions.

Consultation

As the proposed Regulations involve the incorporation by reference of much of the adopted text of the Polar Code, in addition to the inclusion of various Canadian modifications and additions, consultation can be considered twofold: (i) consultation efforts that went into developing Canada's positions at the IMO as the Polar Code was under development (2010–2015); and (ii) additional consultation efforts that went into the development of the proposed Regulations (2015–2017).

Polar Code consultations

Canadian Marine Advisory Council meetings

Regular status updates were provided at the annual Northern Canadian Marine Advisory Council (CMAC) meetings organized by Transport Canada beginning in 2012. Similar updates were provided at the Spring and Fall sessions of every National CMAC beginning in the Fall of 2012, in the Standing Committee on Domestic Vessel Regulatory Oversight and in the Standing Committee on Construction and Equipment. Ad hoc updates were also made in other standing committees.

Email updates

Beginning in 2013, updates on Polar Code development, including copies of Canadian submissions to the International Maritime Organization (IMO), were sent at least twice each year to a distribution list of more than 300 Northern Canadian stakeholders.

Information sessions

During the fall of 2014, invitations to attend information sessions in Whitehorse, Yellowknife, Iqaluit and Ottawa were sent to 108 persons/organizations. The intent of these information sessions was to inform key stakeholders of the existing Canadian regulatory regime for shipping in the Arctic, progress and next steps on the development of the Polar Code, how the Polar Code compares with the existing Canadian regulatory regime, and the potential impacts, if any, the Polar Code may have on Canadian Arctic shipping.

Workshops

Transport Canada organized workshops involving ship operators with northern experience and other individuals with knowledge in relevant areas to develop proposals for consideration at the IMO in areas that Transport Canada felt required additional input.

The first workshop, in June 2012, was attended by over 40 representatives from shipping, oil and gas companies, non-governmental organizations, and a range of government organizations involved in polar operations. Participants assessed the relative risk levels associated with hazards of polar shipping and identified appropriate mitigating measures for these risks where possible. The outcomes of this workshop were documented and submitted to the IMO (DE 57/11/3).

In May 2013, a one-day workshop was held in Ottawa to review and obtain feedback on the draft Polar Code. The workshop was attended by approximately 30 targeted stakeholders with northern interests representing industry, territorial governments, training institutions, and various Arctic shipping support services.

Canada hosted a second workshop in September 2013 to generate additional suggestions for the layout and content of the Polar Water Operational Manual, a document that each ship to which the Polar Code will apply will need to develop and follow. Approximately 40 representatives from Canada and other Arctic states attended the workshop.

Canadian submissions to IMO Polar Code meetings

Canada submitted, solely or as co-sponsor, 29 documents for consideration at IMO Committee and Sub-committee meetings and actively participated in all Polar Code–related working groups and correspondence groups.

Submissions covered a broad range of topics, and were based on Canada's extensive involvement in previous IMO discussions on Arctic/polar shipping, Canadian experience in regulating Arctic marine transportation, concerns with draft provisions, and the outcomes of internal and external consultations/workshops held.

Proposed Regulations consultations

The draft proposal for the implementation of the Polar Code within Canada's existing Arctic shipping regime (the proposed Regulations) was presented during Transport Canada's national Canadian Marine Advisory Council (CMAC) meeting on April 19–21, 2016, and again during the regional Prairie and Northern CMAC meeting on May 11–12, 2016.

In addition, copies of the proposed Regulations' drafting instructions were circulated electronically to Canadian industry in early 2017. All comments received were reviewed and incorporated where appropriate. Subsequent to the receipt of comments, and at the request of industry, a face-to-face meeting was convened in March 2017 in Montréal between Transport Canada representatives and Canadian Arctic vessel operators. The intent of this meeting was to discuss in more detail the proposed Regulations' drafting instructions and to clear up any misunderstanding, misinterpretation or error associated with the proposed Regulations. For example, industry correctly noted that certain terms used throughout the proposed Regulations (e.g. Polar Service Temperature) were not defined up front. The proposed Regulations were therefore modified to reflect this. Also, there were concerns raised that the proposed Regulations incorrectly referenced certain parts of the Polar Code, such as the low temperature requirements for lifeboats. These concerns were addressed by clarifying that the Polar Code's requirements are not specific, but rather performance-based, therefore eliminating any conflict between the Polar Code and the text of the proposed Regulations.

Rationale

Given the disparate and uneven sets of rules and regulations subject to ships operating throughout the Arctic region, an indirect benefit of the Polar Code will be to streamline, harmonize, and improve predictability for ship owners and operators intending to conduct international voyages within this area. By incorporating the Polar Code into the proposed Regulations, these consistent standards will become binding on Canada and will create a more attractive environment within which to conduct Arctic operations.

Further, given the rapidly changing environmental conditions, advancements in ship design technology, and the prescient international recognition of the risks associated with Arctic and Antarctic shipping, adopting the Polar Code also provides the opportunity for Canada to make certain improvements to areas of its Arctic shipping regime.

The proposed Regulations are focused primarily on incorporating relevant measures contained within the Polar Code and are therefore non-exhaustive in their treatment of other potential safety and environmental concerns facing the Arctic, such as the management of grey water, or mitigating the risks associated with the use and carriage of heavy fuel oil (HFO). These and other Arctic-related matters that go beyond the current requirements addressed by the AWPPA or adopted by the IMO, including whether to extend the application criteria contained within the proposed Regulations to other types of vessels, are being considered in a variety of other forums (both domestic and international) and will be addressed as appropriate. Their omission does not reflect their level of importance, nor does it preclude the possibility of them being addressed within the proposed Regulations or elsewhere within Canada's Arctic shipping regime at a later date. Rather, as these issues will require further consideration and consultation that could delay the implementation of the proposed Regulations, Transport Canada has made the decision to address them separately.

Benefits and costs

Recognizing the high safety and pollution prevention standards for vessels operating in Canadian Arctic waters relative to vessels operating in Arctic waters elsewhere, with few exceptions and improvements, the Polar Code as adopted is largely equivalent to, or on par with, Canada's regime. Consequently, anticipated changes for industry (particularly Canadian flagged SOLAS vessels certified for international voyages and operating within polar waters) with regards to construction and equipment are expected to be minimal. Indeed, there are very few vessels (approximately 20) that meet all of the required Polar Code application criteria that fly the Canadian flag. Accordingly, overall costs to industry are considered to be low.

Costs with the proposed Regulations that do exist are anticipated to be associated with the issuance of the required Polar Ship Certificate (PSC), though this will be offset through the elimination of the Canada-specific Arctic Pollution Prevention Certificate (APPC). However, the issuance of the Polar Ship Certificate is expected to be harmonized with the issuance of other existing certificates made under the SOLAS and MARPOL conventions. Therefore, no additional vessel inspections will be required.

Under the proposed Regulations, vessels will also be required to have a Polar Water Operational Manual (PWOM) containing unique risk-based procedures for each vessel intending to operate in polar waters. The requirements to have similar safety procedures in place is already part of the SOLAS Convention through the International Safety Management (ISM) Code in addition to being also required under the Canada Shipping Act, 2001. The PWOM requirements support these existing requirements, though with a better identification of the specific risks to be addressed when operating in polar waters. Therefore, the cost associated with the PWOM should be low and, in many cases, will be limited to verification and alignment of existing procedures where needed. It can be estimated that the approximately 20 Canadian vessels that will require a PWOM may have a one-time cost of $25,000 each to review and align their safety procedures to develop the PWOM. This estimated cost is based on the time and efforts required to amend and/or develop new operational procedures to address Arctic operations, using the PWOM model table of contents provided in Appendix 2 of the Polar Code as a guide. The actual cost may be lower, as procedures are often shared with minimal adjustment among vessels of a single operator and the majority of the Canadian Arctic fleet is composed of four primary operators.

The proposed Regulations will also introduce, supported by the STCW, new qualification requirements for officers to which SOLAS applies, although transitional provisions provided in the STCW Convention permit experienced Canadian officers to meet the qualification requirements. New seafarers to polar waters occupying positions of the master, chief mate, and officers of the watch will need to take a course from an approved training institution to obtain their Basic Polar Waters Certificate of Proficiency as proof of meeting the standard of competence specified in section A-V/4 of STCW. Moreover, new masters and chief mates will also be required to obtain the Advanced Polar Waters Certificate of Proficiency.

The safety requirements of the Polar Code will also require the carriage of personal survival equipment and group survival equipment to support survival following the abandonment of ship, whether to the water, to ice or to land, for the maximum expected time of rescue. This may consist of additional clothing, food, cooking gear, tents or storm shelters, sleeping bags and other accessories. Since all Canadian flagged vessels subject to the Polar Code are cargo vessels, and the crew are already provided with suitable personnel gear under existing health and safety legislation, any incremental costs would mostly be linked with the carriage of group survival equipment. An average one-time cost of $10,000 per vessel is estimated based on discussion with industry and making a conservative estimate on the cost or equipment needed.

Implementation, enforcement and service standards

The proposed Regulations will come into force on the day on which they are registered. However, ships constructed before January 1, 2017, must meet the relevant requirements of Part I of the proposed Regulations (safety measures) by their first intermediate or renewal survey, whichever occurs first, after January 1, 2018, as per Regulation 2.2 of SOLAS. In most instances, construction provisions are only applicable to ships built on or after January 1, 2017.

Because the provisions being introduced through the proposed Regulations will apply to ships currently subject to similar requirements under Canada's existing Arctic shipping regime and do not depart significantly from these requirements, only minor phase-in provisions are being introduced in order to minimize cost impacts or to ensure efficiency of industry operations.

For example, vessels constructed before January 1, 2017, will have the option of using either the existing AIRSS system or the more modern POLARIS system to determine their operational limits in ice, whereas vessels built after this date and Polar Class vessels will only be permitted to use the POLARIS system.

Further, vessels not subject to SOLAS, and that are between 300 and 500 gross tonnage and operating under either the AIRSS or POLARIS systems, must have an ice navigator on board. The proposed Regulations require that the ice navigator either have served on a vessel in the capacity of master or person in charge of the deck watch for a total period of at least 50 days (30 of which in international Arctic waters) or hold a certificate in advanced training for ships operating in polar waters in accordance with the STCW Convention. Allowing training requirements established under the STCW Convention is in keeping with modern standards.

Performance measurement and evaluation

Transport Canada will continue to use national and regional Canadian Marine Advisory Council (CMAC) meetings to communicate the implementation of the proposed Regulations and will issue communications to affected stakeholders through Ship Safety Bulletins to inform designers, builders, and owners of vessels of the new regulatory requirements. Concurrently, compliance with these proposed Regulations will be monitored and enforced by Transport Canada marine safety inspectors and surveyors of recognized Canadian organizations who will be trained to assess the new criteria.

The enforcement of the proposed Regulations will be made in accordance with the Transport Canada Policy on Compliance and Enforcement of the Canada Shipping Act, 2001 for the safety of shipping and the protection of the marine environment, and in accordance with the relevant provisions of the Arctic Waters Pollution Prevention Act.

Transport Canada will use a graduated enforcement approach with respect to the implementation of the proposed Regulations. The enforcement objective is to permit industry to take corrective actions first, especially for minor infractions, rather than to proceed immediately with issuing monetary penalties and/or summary convictions. Verbal counselling or warning letters will be used when an offender commits a minor contravention, and may be accompanied by an assurance of compliance rather than immediately issuing a notice of violation. For serious infractions, the Canada Shipping Act, 2001 provides for maximum fines upon summary conviction of $1,000,000 or 18 months in prison, or both, for violations of regulations made under Part 4 of that Act, which will include the proposed Regulations. Offences to the proposed Regulations are also punishable according to the Arctic Waters Pollution Prevention Act.

Transport Canada will continue to monitor and participate, both nationally and internationally, in ongoing regulatory activities related to Arctic shipping safety and pollution prevention and will take appropriate action with affected stakeholders as required. It is anticipated that the proposed Regulations will improve the understanding and application of the regulatory requirements through a streamlined and modernized Arctic shipping safety and pollution prevention regime.

Contact

Luc Tremblay
Executive Director
Domestic Vessel Regulatory Oversight and Boating Safety (AMSD)
Transport Canada Marine Safety and Security
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-3819
Email: luc.tremblay@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsections 7(2), 35(1) (see footnote a), 120(1), 190(1) et 207(2) of the Canada Shipping Act, 2001 (see footnote b) and subsections 4(3) and 12(1) of the Arctic Waters Pollution Prevention Act (see footnote c), proposes to make the annexed Arctic Shipping Safety and Pollution Prevention Regulations.

Interested persons may make representations to the Minister of Transport with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Drummond Fraser, A/Marine Safety Policy Advisor, Marine Safety and Security, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-949-3829; fax: 613-991-4818; email: drummond.fraser@tc.gc.ca).

Ottawa, June 19, 2017

Jurica Čapkun
Assistant Clerk of the Privy Council

Arctic Shipping Safety and Pollution Prevention Regulations

General Provisions

Interpretation

Definitions

1 The following definitions apply in these Regulations.

constructed, in relation to a vessel, means that the vessel conforms to regulation 1.5 of Chapter XIV of SOLAS. (construit)

IMO means the International Maritime Organization. (OMI)

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention. (MARPOL)

Minister means the Minister of Transport. (ministre)

Polar Code means the International Code for Ships Operating in Polar Waters set out in IMO Resolutions MSC.385(94) and MEPC.264(68). (Recueil sur la navigation polaire)

polar waters has the same meaning as in regulation 1.4 of Chapter XIV of SOLAS. (eaux polaires)

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)

shipping safety control zone has the same meaning as in the Shipping Safety Control Zones Order. (zone de contrôle de la sécurité de la navigation)

Incorporated documents – as amended from time to time

2 (1) Except as otherwise provided, any reference in these Regulations to a document is a reference to the document as amended from time to time.

Authorized representative — pleasure craft

(2) Any reference in these Regulations to the authorized representative of a vessel, means, in the case of a pleasure craft, the operator of the craft.

Certified vessel

(3) Any reference in these Regulations to a certified vessel is to be read as a reference to

(a) if the vessel is a Canadian vessel, a vessel certified under the Canada Shipping Act, 2001; and
(b) if the vessel is a foreign vessel, a vessel certified by or on behalf of the government of the state whose flag the vessel is entitled to fly.

Non-application

Non-application

3 These Regulations do not apply to government vessels and vessels owned or operated by a foreign state when they are being used only in government non-commercial services.

Compliance

Authorized representative

4 (1) The authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.

Master

(2) The master of a vessel must ensure that the operational requirements of these Regulations are met in respect of the vessel.

PART 1

Safety Measures

Definitions

Definitions

5 The following definitions apply in this Part.

AIRSS means TP 12259 Arctic Ice Regime Shipping System (AIRSS) Standard, published by the Department of Transport. (SRGNA)

Arctic Class means a class attributed to a vessel under the Arctic Shipping Pollution Prevention Regulations. (cote arctique)

Canadian Arctic Class means a class attributed to a vessel under the Canada Shipping Act, which indicates that the vessel meets the requirements of the applicable standards of TP 12260 Equivalent Standards for the Construction of Arctic Class Ships, published by the Department of Transport, on December 1, 1995. (classe arctique canadienne)

cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

dangerous goods means the substances, materials and articles referred to in the International Maritime Dangerous Goods Code, published by the IMO. (marchandises dangereuses)

fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

international Arctic waters has the same meaning as “Arctic waters” in regulation 1.3 of Chapter XIV of SOLAS. (eaux arctiques international)

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

Polar Class means a class that is attributed to a vessel by a classification society based on the Unified Requirements UR I established by the International Association of Classification Societies. (classe polaire)

Polar Service Temperature has the same meaning as in paragraph 1.2.11 of Part 1-A of the Polar Code. (température de service pour la navigation polaire)

Polar Waters Operational Manual means the manual referred to in Chapter 2 of Part I-A of the Polar Code. (Manuel d'exploitation dans les eaux polaires)

POLARIS means the Polar Operational Limit Assessment Risk Indexing System, as set out in the Appendix to the IMO Circular MSC.1/Circ.1519. (POLARIS)

pollutant has the same meaning as in section 185 of the Canada Shipping Act, 2001. (polluant)

recognized organization means an organization with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Canada Shipping Act, 2001. (organisation reconnue)

Type in relation to a vessel, means a type set out in column 1 of Schedule 2 corresponding to the classification given by an organization set out in columns 2 to 13 of that schedule to indicate that the vessel complies with the construction standards required by the organization. (type)

vessel intended to operate in low air temperature has the same meaning as in paragraph 1.2.12 of Part I-A of the Polar Code. (bâtiment prévu pour être exploité à des températures de l'air basses)

SOLAS Requirements

Chapter XIV of SOLAS

6 (1) Subject to subsection (2), the following Canadian vessels in polar waters and foreign vessels in a shipping safety control zone must conform to the requirements of Chapter XIV of SOLAS:

(a) cargo vessels of 500 gross tonnage or more that are certified as meeting the requirements of Chapter I of SOLAS;
(b) passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS; or
(c) vessels of 500 gross tonnage or more other than a vessel referred to in paragraphs (a) and (b).

Exceptions

(2) Subsection (1) does not apply to fishing vessels, pleasure craft and vessels that do not have a mechanical means of propulsion.

Other Requirements

Scope of application

7 Except as otherwise provided, the following Canadian vessels and foreign vessels navigating in a shipping safety control zone must conform to sections 8 to 10:

(a) vessels of 300 gross tonnage or more;
(b) vessels carrying pollutants or dangerous goods, or vessels towing or pushing a vessel that is carrying pollutants or dangerous goods;
(c) vessels towing or pushing another vessel, if the combined weight of the vessels is 500 gross tonnage or more; or
(d) passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS.

Navigation periods

8 (1) Subject to subsections (2) to (4), a vessel of an Arctic Class, Canadian Arctic Class, or Type set out in column 1 of an item in Schedule 1 may only navigate in a shipping safety control zone set out in columns 2 to 17 of that item during the applicable period.

Exception

(2) Subject to section 9, a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1), if

(a) for vessels constructed before January 1, 2017, other than Polar Class vessels, the ice numeral for the ice regime in which it will navigate, as determined in accordance with AIRSS, is greater than or equal to zero;
(b) the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates normal operation in the ice regime, or
(c) for vessels in a Polar Class 3 to 7, when the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates an elevated operational risk, the Polar Waters Operations Manual has operational measures to mitigate the risk and the vessel conforms to these measures.

Emergency

(3) Despite subsections (1) and (2), a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1) for the purposes of saving a life or preventing the loss of a ship.

Ice strengthening

(4) If a vessel is not of an Arctic Class, Canadian Arctic Class or Type set out under column 1 of Schedule 1, or under AIRSS or POLARIS, the Minister may allow the vessel to navigate under subsection (1) or (2) by issuing an equivalency, if the Minister is satisfied that the vessel has ice strengthening that provides a level of safety at least equivalent to the level for that class or type.

Message

9 (1) Subject to subsection (3), no vessel may enter a shipping safety control zone in the conditions set out in subsection 8(2), until the master of the vessel

(a) sends a message to the Minister, in the manner determined by the Minister, containing the following information:
- (i) the call letters and type of vessel and the name of any escorting vessel,
- (ii) the name and certification information of the master, and the certification information of any persons referred to in paragraph 12.3.2 of Part I-A of the Polar Code and the person referred to in section 10, if applicable,
- (iii) a description of the proposed route through the zone,
- (iv) a description of each ice regime anticipated on the proposed route, and the ice numeral or the risk index outcome for the regime, and
- (v) the final destination of the vessel; and
(b) has received an acknowledgement of the message from the Minister.

Change

(2) If the information referred to in subparagraph (1)(a)(iii) or (iv) changes significantly on the route, the master of the vessel must send a new message to the Minister, in the manner determined by the Minister.

Adjacent zones

(3) If the route of the vessel involves navigation in more than one shipping safety control zone and these zones are adjacent, the master of the vessel is only required to comply with subsection (1) before entering the first zone.

Emergency exception

(4) If a vessel enters a shipping safety control zone for the purpose of saving a life or preventing the loss of a ship, the master of the vessel is not required to conform to subsection (1); however, the master must advise the Minister of the vessel's entry into the zone.

Ice Navigator

Ice navigator

10 (1) Vessels other than a cargo vessel of 500 gross tonnage or more or a passenger vessel that are certified as meeting the requirements of Chapter I of SOLAS that navigate in a shipping safety control zone set out in columns 2 to 17 of Schedule 1 during a period other than those set out in item 14 of that schedule must have an ice navigator on board.

Requirements

(2) The ice navigator on a vessel must

(a) have all of the qualifications under the Canada Shipping Act, 2001 to act as a master or a person in charge of the deck watch; and
(b) either:
- (i) have served on a vessel in the capacity of master or person in charge of the deck watch for at least 50 days, of which 30 days must have been served in international Arctic waters while the vessel was in ice conditions that required the vessel to be assisted by an ice-breaker or that required manœuvres to avoid concentrations of ice that might have endangered the vessel, or
- (ii) hold a certificate in advanced training for ships operating in polar waters in accordance with regulation V/4 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.

Vessels Intended to Operate in Low Air Temperature

Requirements

11 Any Canadian vessel referred to in paragraphs 6(1)(a) to (c) that was constructed on or after January 1, 2017, and is intended to operate in low air temperature must meet the following requirements if it navigates in polar waters:

(a) be assigned, by a recognized organization, a cold temperature service or winterization notation that is compatible with its Polar Service Temperature;
(b) have on board inflatable life rafts and marine evacuation system that are designed to operate at the vessel Polar Service Temperature, or that are protected from cold weather or fitted with means to prevent the temperature from dropping below -30°C; and
(c) have engines, cooling systems, fuel systems, starting systems of lifeboats, rescue boats, fast rescue boats that are
- (i) tested as prescribed in paragraphs 6.10.2 to 6.10.4 of the IMO Resolution MSC.81(70), to start at the vessel Polar Service Temperature, or
- (ii) protected from the cold weather, or fitted with means to prevent their temperature from dropping below -15°C.

PART 2

Pollution Prevention Measures

Definitions

Definitions

12 The following definitions apply in this Part.

arctic waters has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (eaux arctiques)

cargo residues has the same meaning as in regulation 1.2 of Annex V to MARPOL. (résidus de cargaison)

Category A vessel means a vessel designed for operation in polar waters in at least medium first-year ice, that may include old ice inclusions. (bâtiment de catégorie A)

Category B vessel means a vessel not included in Category A that is designed for operation in polar waters in at least thin first-year ice, which may include old ice inclusions. (bâtiment de catégorie B)

en route has the same meaning as in regulation 1.5 of Annex V to MARPOL. (faire route)

fast ice has the same meaning as in paragraph 4.1.3 of Part II-A of the Polar Code. (banquise côtière)

food waste has the same meaning as in regulation 1.8 of Annex V to MARPOL. (déchets alimentaires)

from the nearest land has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (à partir de la terre la plus proche)

garbage has the same meaning as in regulation 1.9 of Annex V to MARPOL. (ordures)

IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (Recueil IBC)

ice-shelf has the same meaning as in paragraph 4.1.2 of Part II-A of the Polar Code. (plateau de glace)

marine sanitation device has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (appareil d'épuration marine)

noxious liquid substance has the same meaning as in regulation 1.10 of Annex II to MARPOL. (substance liquide nocive)

sewage has the same meaning as in regulation 1.3 of Annex IV to MARPOL. (eaux usées)

waters under Canadian jurisdiction has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (eaux de compétence canadienne)

Application

Application

13 Except as otherwise provided, this Part applies in respect of Canadian vessels navigating in polar waters and foreign vessels navigating in a shipping safety control zone.

Conditions of Waste Deposits

Conditions

14 For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, waste may be deposited if

(a) the deposit is necessary for the purpose of saving a life, securing the safety of a vessel or preventing the immediate loss of a vessel;
(b) the deposit occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers;
(c) in the case of oil, the deposit is a minimum and unavoidable leakage that occurs as a result of the operation of an underwater machinery component;
(d) in the case of fishing gear, the deposit is an accidental loss and all reasonable precautions have been taken to prevent such a loss;
(e) in the case of fishing gear, the deposit is for the protection of the marine environment or for the safety of that vessel or its crew; or
(f) in the case of garbage, the deposit is the result of damage to a vessel or its equipment, when all reasonable precautions were taken before the occurrence to prevent and minimize the deposit, and after the occurrence to minimize it.

Prevention of Pollution by Oil

Operations in polar waters

15 Operations in polar waters must be taken into account in the Oil Records Books, the manuals, the shipboard oil pollution emergency plan, and the shipboard marine pollution emergency plan when they are required to be carried by a vessel under the Vessel Pollution and Dangerous Chemicals Regulations.

Oil fuel tank

16 (1) Oil fuel tanks on Category A and B vessels that were constructed on or after January 1, 2017 and have an aggregate oil fuel capacity of less than 600 m³, other than oil fuel tanks with a maximum individual capacity of 30 m³ or less, must be separated from the outer shell of the vessel by a distance of at least 0.76 m.

Cargo tank — vessels other than oil tankers

(2) Cargo tanks used to carry oil on Category A and B vessels constructed on or after January 1, 2017, other than oil tankers, must be separated from the outer shell of the vessel by a distance of at least 0.76 m.

Cargo tank — oil tankers

(3) Subject to subsection (4), cargo tanks on Category A and B oil tankers constructed on or after January 1, 2017, that are of less than 5 000 metric tonnes deadweight, must be protected the length of the tank with

(a) double bottom tanks or double bottom spaces in accordance with the applicable requirements of regulation 19.6.1 of Annex I to MARPOL; and
(b) wing tanks or wing spaces arranged in accordance with the applicable requirements of regulation 19.3.1 of Annex I to MARPOL and complying with the applicable distance requirements in accordance with regulation 19.6.2 of Annex I to MARPOL.

Exception

(4) An oil tanker that is a Canadian vessel of less than 5 000 metric tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land is not required to comply with paragraph (3)(a) if the height of its double bottom is, in no location, less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL.

Oil residue tanks and oily bilge water holding tanks

(5) Oil residue tanks and oily bilge water holding tanks on Category A and B vessels constructed on or after January 1, 2017, other than oil fuel tanks with a maximum individual capacity of 30 m³ or less, must be separated from the outer shell of the vessel by a distance of at least 0.76 m.

Non-application

(6) Subsections (1) to (3) and (5) do not apply to vessels referred to in paragraph 46(2)(b) of the Vessel Pollution and Dangerous Chemicals Regulations.

Control of Pollution by Noxious Liquid Substances in Bulk

Operations in polar waters

17 Operations in polar waters must be taken into account in the Cargo Record Book, the procedures and arrangements manual, the shipboard marine pollution emergency plan for noxious liquid substances and the shipboard marine pollution emergency plan, when they are required to be carried by the Vessel Pollution and Dangerous Chemicals Regulations.

Prohibition

18 It is prohibited to carry the following noxious liquid substances in a cargo tank on a Category A or B vessel that is constructed on or after January 1, 2017, unless the cargo tank is separated from the outer shell of the vessel by a distance of at least 0.76 m:

(a) a substance listed in the table to Chapter 17 of the IBC Code, if the vessel specified in column “e” of the table is of type 3; and
(b) a substance listed in Chapter 18 of the IBC Code.

Prevention of Pollution by Sewage from Vessels

Prohibition to discharge — Sewage

19 A Canadian vessel of a gross tonnage of 400 or more or a Canadian vessel that is certified to carry more than 15 persons — or a person on board such a vessel — must not discharge sewage in polar waters other than arctic waters, unless the discharge is done in accordance with the conditions set out in subsections 20(1) to (3) or in the applicable circumstances set out in section 14.

Deposit of sewage

20 (1) For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, subject to subsections (2) and (3), a vessel of a gross tonnage of 400 or more or a vessel that is certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if it is done in accordance with Schedule IV of MARPOL and

(a) when the sewage is comminuted and disinfected in accordance with regulation 11.1.1 of Annex IV to MARPOL, the vessel is located at a distance of at least three nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10;
(b) when the sewage is not comminuted or disinfected in accordance with regulation 11.1.1 of Annex IV to MARPOL, the vessel is located at a distance of at least 12 nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or
(c) when the vessel operates a sewage treatment plant of an approved type, the deposit is in accordance with regulation 11.1.2 of Annex IV to MARPOL and the vessel is as far as practicable from the nearest land, ice-shelf, fast ice or areas of ice concentration exceeding 1/10.

Non-application

(2) Paragraphs (1)(a) and (b) do not apply to Category A and B vessels constructed on or after January 1, 2017, and all passenger vessels constructed on or after January 1, 2017.

Exception

(3) If a Category A or B vessel is operating in an area of ice conditions exceeding 1/10 for an extended period of time, the vessel — or a person on board such a vessel — may deposit sewage that has been treated using a sewage treatment plant of an approved type.

Approval

(4) For the purposes of this section, a sewage treatment plant is of an approved type if the type is approved

(a) in the case of a Canadian vessel, by the Minister as meeting the requirements of regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL;
(b) in the case of a foreign vessel, by the competent authority as meeting the requirements of regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL

Deposit of sewage

21 For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, a vessel of a gross tonnage of more than 15 and less than 400 and that is not certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if

(a) the sewage is comminuted and disinfected using an marine sanitation device that meets the requirements of section 90 of the Vessel Pollution and Dangerous Chemicals Regulations and the deposit is made at a distance of at least one nautical mile from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10;
(b) the deposit is made, while the vessel is en route at the fastest feasible speed, at a distance of at least three nautical miles from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or
(c) the requirements of paragraph (b) cannot be met because the distance between any shore, ice-shelf or fast ice is less than six nautical miles, the deposit is made while the vessel is en route at a speed of at least four knots, or if the deposit is not feasible at this speed, the deposit is made
- (i) during an ebb tide, while the vessel is en route, at the fastest feasible speed into the deepest waters that are located the farthest from shore; or
- (ii) while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore.

Sewage generated on board

22 For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, a vessel of 15 gross tonnage or less that is carrying not more than 15 persons — or a person on board such a vessel — may deposit sewage generated on board the vessel.

Prevention of Pollution by Garbage from Vessels

Operations in polar waters

23 Operations in polar waters must be taken into account in the Garbage Record Book, the garbage management plan, and the placards as required by the Vessel Pollution and Dangerous Chemicals Regulations.

Prohibition to discharge — Food waste

24 (1) Subject to subsections (2) and (3), a Canadian vessel — or a person on board such a vessel — must not discharge food waste in polar waters other than arctic waters, unless the discharge is done in accordance with the conditions set out in paragraphs 25(1)(a) to (c) or in the applicable circumstances set out in section 14.

Imminent health risk

(2) Subsection (1) does not apply if retention of the food waste on board the vessel would present an imminent health risk to the people on board the vessel.

Discharge on ice

(3) Subsection (1) must not be read as allowing the discharge of food waste on ice.

Deposit of food waste

25 (1) For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, subject to subsections (2) and (3), a vessel – or a person on board a vessel — may deposit food waste, while en route, if

(a) the vessel is as far as practicable from the areas of ice concentration exceeding 1/10, and is at least 12 nautical miles from the nearest land, ice-shelf or fast ice;
(b) the food waste is comminuted or ground so that it can pass through a screen with openings no greater than 25 mm; and
(c) the food waste is not contaminated with any other garbage type.

Imminent health risk

(2) Subsection (1) does not apply if retention of the waste on board the vessel would present an imminent health risk to the people on board the vessel.

Deposit on ice

(3) Subsection (1) must not be read as allowing the deposit of food waste on ice.

Prohibition to discharge — cargo residues

26 A Canadian vessel — or a person on board such a vessel — must not discharge cargo residues in polar waters other than arctic waters, unless the discharge is done in accordance with the conditions set out in paragraph 5.2.1.5 of Part II-A of the Polar Code or in the applicable circumstances set out in section 14.

PART 3

Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Ship Station (Radio) Regulations, 1999

27 The definitions Arctic class ship and Type A ship in subsection 1(1) of the Ship Station (Radio) Regulations, 1999 (see footnote 1) are repealed.

28 Subsections 15(2) and (3) of the Regulations are repealed.

Navigation Safety Regulations

29 The portion of subsection 2(2) of the Navigation Safety Regulations (see footnote 2) before paragraph (a) is replaced by the following:

(2) Sections 6 to 89, except for sections 74, 76 and 77, do not apply to

30 The heading before section 66 and sections 66 to 68 of these Regulations are repealed.

Vessel Pollution and Dangerous Chemicals Regulations

31 (1) Subsection 7(1) of the Vessel Pollution and Dangerous Chemicals Regulations (see footnote 3) is amended by striking out “and” at the end of the paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

(h) Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL.

(2) Subsections 7(2) and (3) of the Regulations are replaced by the following:

Noxious liquid substances

(2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S or in arctic waters as defined in regulation 21.2 of Annex II to MARPOL, except in the circumstances set out in section 5 that apply in respect of the discharge.

Garbage

(3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas that are not under Canadian jurisdiction, except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

(a) special areas, as defined in regulation 1.14 of Annex V to MARPOL; and
(b) Arctic waters, as defined in regulation 5.2 of Annex V to MARPOL.

32 Section 66 of the Regulations is replaced by the following:

Application

66 This subdivision does not apply in respect of vessels in a shipping safety control zone or of Canadian vessels in an area in respect of which subsection 7(2) applies.

33 The portion of paragraph 96(1)(d) of these Regulations before subparagraph (i) is replaced by the following:

(d) in the case of a Canadian vessel that is in waters that are not waters under Canadian jurisdiction, other than the Antarctic area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

Repeal

34 The Arctic Shipping Pollution Prevention Regulations (see footnote 4) are repealed.

Coming into Force

35 These Regulations come into force on the day on which they are registered.

SCHEDULE 1

(Subsections 8(1) and (4) and 10(1))
Item	Column 1 Category	Column 2 Zone 1	Column 3 Zone 2	Column 4 Zone 3	Column 5 Zone 4	Column 6 Zone 5	Column 7 Zone 6	Column 8 Zone 7	Column 9 Zone 8	Column 10 Zone 9	Column 11 Zone 10	Column 12 Zone 11	Column 13 Zone 12	Column 14 Zone 13	Column 15 Zone 14	Column 16 Zone 15	Column 17 Zone 16
1	Arctic Class 10, CAC 1	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year
2	Arctic Class 8, CAC 2	Jul. 1 to Oct. 15.	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year
3	Arctic Class 7	Aug. 1 to Sept. 30	Aug. 1 to Nov. 30	Jul. 1 to Dec. 31	Jul. 1 to Dec. 15	Jul. 1 to Dec. 15	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year	All year
4	Arctic Class 6, CAC 3	Aug. 15 to Sept. 15	Aug. 1 to Oct. 31	Jul. 15 to Nov. 30	Jul. 15 to Nov. 30	Aug. 1 to Oct. 15	Jul. 15 to Feb. 28	Jul. 1 to Mar. 31	Jul. 1 to Mar. 31	All year	All year	Jul. 1 to Mar. 31.	All year	All year	All year	All year	All year
5	Arctic Class 4	Aug. 15 to Sept. 15	Aug. 15 to Oct. 15	Jul. 15 to Oct. 31	Jul. 15 to Nov. 15	Aug. 15 to Sept. 30	Jul. 20 to Dec. 31	Jul. 15 to Jan. 15	Jul. 15 to Jan. 15	Jul. 10 to Mar. 31	Jul. 10 to Feb. 28	Jul. 5 to Jan. 15	June 1 to Jan. 31	June 1 to Feb. 15	June 15 to Feb. 15	June 15 to Mar. 15	June 1 to Feb. 15
6	Arctic Class 3, CAC 4	Aug. 20 to Sept. 15	Aug. 20 to Sept. 30	Jul. 25 to Oct. 15	Jul. 20 to Nov. 5	Aug. 20 to Sept. 25	Aug. 1 to Nov. 30	Jul. 20 to Dec. 15	Jul. 20 to Dec. 31	Jul. 20 to Jan. 20	Jul. 15 to Jan. 25	Jul. 5 to Dec. 15	June 10 to Dec. 31	June 10 to Dec. 31	June 20 to Jan. 10	June 20 to Jan. 31	June 5 to Jan. 10
7	Arctic Class 2	No Entry	No Entry	Aug. 15 to Sept. 30	Aug. 1 to Oct. 31	No Entry	Aug. 15 to Nov. 20	Aug. 1 to Nov. 20	Aug. 1 to Nov. 30	Aug. 1 to Dec. 20	Jul. 25 to Dec. 20	Jul. 10 to Nov. 20	June 15 to Dec. 5	June 25 to Nov. 22	June 25 to Dec. 10	June 25 to Dec. 20	June 10 to Dec. 10
8	Arctic Class 1A	No Entry	No Entry	Aug. 20 to Sept. 15	Aug. 20 to Sept. 30	No Entry	Aug. 25 to Oct. 31	Aug. 10 to Nov. 5	Aug. 10 to Nov. 20	Aug. 10 to Dec. 10	Aug. 1 to Dec. 10	Jul. 15 to Nov. 10	Jul. 1 to Nov. 10	Jul. 15 to Oct. 31	Jul. 1 to Nov. 30	Jul. 1 to Dec. 10	June 20 to Nov. 30
9	Arctic Class 1	No Entry	No Entry	No Entry	No Entry	No Entry	Aug. 25 to Sept. 30	Aug. 10 to Oct. 15	Aug. 10 to Oct. 31	Aug. 10 to Oct. 31	Aug. 1 to Oct. 31	15 juil. au 20 oct.	Jul. 1 to Oct. 31	Jul. 15 to Oct. 15	Jul. 1 to Nov. 30	Jul. 1 to Nov. 30	June 20 to Nov. 15
10	Type A	No Entry	No Entry	Aug. 20 to Sept. 10	Aug. 20 to Sept. 20	No Entry	Aug. 15 to Oct. 15	Aug. 1 to Oct. 25	Aug. 1 to Nov. 10	Aug. 1 to Nov. 20	Jul. 25 to Nov. 20	Jul. 10 to Oct. 31	June 15 to Nov. 10	June 25 to Oct. 22	June 25 to Nov. 30	June 25 to Dec. 5	June 20 to Nov. 20
11	Type B	No Entry	No Entry	Aug. 20 to Sept. 5	Aug. 20 to Sept. 15	No Entry	Aug. 25 to Sept. 30	Aug. 10 to Oct. 15	Aug. 10 to Oct. 31	Aug. 10 to Oct. 31	Aug. 1 to Oct. 31	Jul. 15 to Oct. 20	Jul. 1 to Oct. 25	Jul. 15 to Oct. 15	Jul. 1 to Nov. 30.	Jul. 1 to Nov. 30	June 20 to Nov. 10
12	Type C	No Entry	No Entry	No Entry	No Entry	No Entry	Aug. 25 to Sept. 25	Aug. 10 to Oct. 10	Aug. 10 to Oct. 25	Aug. 10 to Oct. 25	Aug. 1 to Oct. 25	Jul. 15 to Oct. 15	Jul. 1 to Oct. 25	Jul. 15 to Oct. 10	Jul. 1 to Nov. 25	Jul. 1 to Nov. 25	June 25 to Nov. 10
13	Type D	No Entry	No Entry	No Entry	No Entry	No Entry	No Entry	Aug. 10 to Oct. 5	Aug. 15 to Oct. 20	Aug. 15 to Oct. 20	Aug. 5 to Oct. 20	Jul. 15 to Oct. 10	Jul. 1 to Oct. 20	Jul. 30 to Sept. 30	Jul. 10 to Nov. 10	Jul. 5 to Nov. 10	Jul. 1 to Oct. 31
14	Type E	No Entry	No Entry	No Entry	No Entry	No Entry	No Entry	Aug. 10 to Sept. 30	Aug. 20 to Oct. 20	Aug. 20 to Oct. 15	Aug. 10 to Oct. 20	Jul. 15 to Sept. 30	Jul. 1 to Oct. 20	Aug. 15 to Sept. 20	Jul. 20 to Oct. 31	Jul. 20 to Nov. 5	Jul. 1 to Oct. 31

SCHEDULE 2

(Section 5)

Construction Standards for Types A, B, C, D and E Vessels
Item	Column 1 Type of Vessel	Column 2 American Bureau of Shipping (ABS)	Column 3 Bureau Veritas (BV)	Column 4 China Classification Society (CCS)	Column 5 Nippon Kaiji Kyokai (ClassNK)	Column 6 DNV-GL	Column 7 Finnish-Swedish Ice Class Rules (FSICR)	Column 8 International Association of Classification on Societies (IACS)	Column 9 Korean Register of Shipping (KR)	Column 10 Lloyd's Register of Shipping (LR)	Column 11 Poiski Rejestr Statkow (PRS)	Column 12 Rina Services (RINA)	Column 13 Russian Maritime Register of Shipping
1	Type A	Ice Class A0	ICE CLASS IA SUPER	Ice Class B1*	NS (Class 1A Super Ice Strengthening)	Ice (1A*) or ICE-1A or E4	1A Super	PC1 to PC7	IA Super	Ice Class 1AS FS (+) or Ice Class 1AS FS (+)	L1A	ICE CLASS 1A SUPER	UL or LU5 or Arc5
2	Type B	Ice Class B0	ICE CLASS IA	Ice Class B1	NS (Class 1A Ice Strengthening)	Ice (1A) or ICE-1A or E3	1A		1A	Ice Class 1A FS (+) or Ice Class 1A FS	L1	ICE CLASS 1A	L1 or LU4 or Arc4
3	Type C	Ice Class C0	ICE CLASS IB	Ice Class B2	NS (Class 1B Ice Strengthening)	Ice (1B) or ICE-1B or E2	1B	–	1B	Ice Class 1B FS (+) or Ice Class 1B FS	L2	ICE CLASS 1B	L2 or LU3 or Ice 3
4	Type D	Ice Class D0	ICE CLASS IC	Ice Class B3	NS (Class 1C Ice Strengthening)	Ice (1C) or ICE-1C or E1	1C	–	1C	Ice Class 1C FS (+) or Ice Class 1C FS	L3	ICE CLASS 1C	L3 or LU2 or Ice 2
5	Type E	Ice Class E0	1D	Ice Class B	NS (Class 1D Ice Strengthening)	ICE-C or E	Category II	–	1D	Ice Class 1D or Ice Class 1E	L4	1D	L4 or LU1 or Ice 1

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