Location: National
Issue/Source: Advancing the safe operation of small tugs
Date: March 10, 2023
Suggested Responses
- Improving the safety of small tugboat operations in Canada is important for Transport Canada.
- The Department has recently taken steps to increase its oversight and educate owners and operators of small tugs about safety requirements for these vessels.
- The Department has published the proposed Marine Safety Management System Regulations in the Canada Gazette Part I. These regulations will require that tug operators have a safety management system in place and require them to apply to Transport Canada to obtain a certificate for their company and the vessels they operate.
If Pressed on how Transport Canada is advancing safety
- Since January 2022, Transport Canada has:
- launched a new online tool to assist small tug owners and operators with meeting the legal requirements that apply to their vessels. And conducted outreach to encourage it’s use;
- issued a Ship Safety Bulletin to publicize the tool;
- launched a Compliance Inspection Initiative for tugs not more than 15 gross tons in Spring 2022;
- established the Pacific Coast Tow and Workboat Safety Advisory Group, to discuss safety issues with industry and labour organizations.
If Pressed on tugboat Ingenika
- Our thoughts continue to be with the families of the crew members who lost their lives or who were injured in this tragic accident.
- Transport Canada has taken steps to strengthen the safety of these vessels to help ensure an accident like this does not happen again.
- On March 8, 2023, the Transportation Safety Board issued a report on the occurrence with two recommendations for Transport Canada.
- The Department will carefully study the TSB’s final report and will respond to the recommendations in 90 days.
Background Information
- Over the past years, incidents with tugs have continued to raise attention, particularly on the west coast, where the use of tugs and barges is common and essential to the regional supply chain.
- There is a perception that there is a lack of regulatory compliance with the operation of tugs that are not more than 15 gross tons (approx. 12 meters), as vessels not more than 15 gross tons are not subject to mandatory inspection by Transport Canada. Small tugs are subject to risk-based monitoring inspections by Transport Canada to verify compliance with the requirement of relevant regulations under the Canada Shipping Act, 2001.
- Owners and operators of small vessels in Canada are at all times, responsible for ensuring compliance with the Canada Shipping Act, 2001 and its associated regulations.
- To provide a cohesive reference document to the multiple regulatory requirements and standards that are applicable to smaller tugs, including tugs of not more than 15 gross tonnage, Transport Canada has published the Guidelines for the Construction, Inspection, Certification, and Operation of Tugs < 24 Metres in Length - TP 15180 E.
- Departmental officials are working with the provincial WorkSafe BC to expand the scope of an existing Memorandum of Understanding respecting worker safety on fishing vessels to also include tugs.
- Transport Canada is also working on amendments to the Marine Personnel Regulations to require that all tugs, regardless of tonnage, have a Safe Manning Document.
Transportation Safety Board Investigation Report
- The Transportation Safety Board Investigation Report into the sinking of the tug Ingenika near Kitimat, B.C. in February 2021 concluded that there were several contributing factors to the accident and subsequent loss of life. These include:
- a lack of regulatory surveillance regarding the competency and qualifications of the crew and recent inspections;
- a lack of regular drills and training for crew with respect to emergency situations; and
- the absence of risk management practices so the risks of towing in adverse situations could have been properly assessed.
- The report also found that the conditions for the issuance of a Pilotage Wavier by the Pacific Pilotage Authority, whereby crew members substitute for the services of a pilot because of their own experience, were not being met.
- In particular, the crew members in charge of the Ingenika at various points did not hold the proper qualifications as required by the Waiver. The tug was also missing key equipment, including the required automatic identification system identified in the waiver.
- The report contains four recommendations—2 are directed at Transport Canada (TC), and 2 are directed at the Pacific Pilotage Authority (PPA):
- TC expand its surveillance program to include regular inspections of tugs of 15 gross tonnage (GT) or less to verify that these vessels are complying with regulatory requirements;
- TC require authorized representatives of tugs of 15 GT or less to assess the risks present in their operations, including the suitability of their tugs for the specific towing operations they are undertaking;
- PPA verify that eligibility requirements are met before issuing pilotage waivers to companies operating tugs in compulsory pilotage areas; and
- PPA implement a process to verify ongoing compliance with waiver conditions by companies operating tugs in compulsory pilotage areas.
- TC will have 90 days from the date of the Report’s release to respond to these recommendations.