#2 Request from Committee / Demande du comité:
Mr. Taylor Bachrach: Thank you, Mr. Brosseau. I had a conversation with a tugboat operator just recently in Prince Rupert, and he pointed to something called a tug-to-tow ratio, which is an area of very specific concern for small tugs under 15 tonnes. Are there any rules currently—like rules, legislation—that are enforceable and specific concerning tug-to-tow ratios for tugboats under 15 tonnes?
Mr. Kevin Brosseau: Mr. Chair, I will have to get back in terms of being able to speak to particular rules. I think what's really important to remember, Mr. Chair, the safety management system regulations for all vessels, which will be coming into force in the coming months, but with respect to that specific question, Mr. Chair, with your indulgence, I'll be able to respond to that by consulting the marine safety experts within Transport Canada.
Response
- The Canada Shipping Act 2001, section 106, requires all vessel owners to implement procedures for the safe operation of the vessel and for dealing with emergencies, and to ensure the crew and passengers receive safety training, in addition to ensuring the vessel and equipment meet regulations.
- The technical aspects of the safety of tug towing operations are addressed in several regulations, for example:
- Section 601 of the Small Vessel Regulations require tug owners and operators ensure that the vessel has adequate stability and structural strength to safely carry out its intended operations
- The Hull Construction Regulations require all tugs more than 5 gross tonnage (GT) to undergo inclining experiment and have stability book documentation (Part VIII (Section 106). These regulations also address technical requirements for towing (Part VIII, Sections 131-138)
- Section 206 of the Marine Personnel Regulations requires the vessel’s authorized representative to provide the vessel master with written instructions to ensure that each member of the vessel complement is familiar with the shipboard equipment operational instructions specific to the vessel and can effectively perform their duties related to safety (and pollution).
- Given that tug towing operations vary in their intended operations and operating areas, it is impossible to address every specific risk factor, including environmental and voyage considerations, through regulations.
- Regulations, standards and other guidance have been developed by Transport Canada to assist vessel owners and operators to assess safety considerations in their particular operations and comply with the Canada Shipping Act, 2001, and associated regulations, for example:
- Guidelines for the Construction, Inspection, Certification, and Operation of Tugs smaller than 24 Metres in Length - TP 15180 E is a cohesive and practical reference document regarding the multiple regulatory requirements and standards that are applicable to smaller tugs, including tugs of less than 15 gross tons.
- TP 11960 - Standards for the Construction, Inspection, and Operation of Barges Carrying Oil or Dangerous Chemicals in Bulk is a convenient and cohesive reference document to the various legislative and regulatory requirements and standards in Canada that apply to barges carrying oil and/or dangerous chemicals. Towing and operational requirements detail both regulatory requirements and industry best practices. Appendix A contains Guidance for Tug and Barge Towing Systems.
- Most recently, Transport Canada published Small Vessel Compliance Program - Tug Guidance Notes - TP15491E which:
- provides detailed guidance (and best practices) on small tugs of 15 tonnes or less;
- addresses tug owners’ and operators’ related legal obligations in regards to vessel and crew safety; and
- addresses key safety issues, for example girding risks and assessing tugs’ bollard pull (a formula designed to identify safe tug-tow ratio for the particular vessel under ideal conditions).
- Over the years, additional technical and safety information has been provided to vessel owners through the Transport Canada Ship Safety Bulletins. For example Ship Safety Bulletin No: 16/2020 reminds the towing industry of safe working practices and how to plan and safely execute towing operations.
- The Department is committed to continue to review and improve these existing guidelines for tugs.
- Finally, small tugs are subject to random monitoring inspections by Transport Canada to verify compliance with the requirement of relevant regulations under the Canada Shipping Act, 2001.