Minister Garneau’s appearance before the Standing Committee on Transport, Infrastructure and Communities (TRAN) on Main Estimates 2020-21 and Supplementary Estimates (B), 2020-21 held on November 5, 2020

7. ENCLOSED CAR DECKS

Ending of temporary Flexibility for Ferry Vessels with enclosed car decks

LOCATION: NATIONAL

ISSUE/SOURCE: AS OF SEPTEMBER 30, THE TEMPORARY FLEXIBILITY TO ALLOW FERRY PASSENGERS TO REMAIN IN THEIR VEHICLES ON ENCLOSED VEHICLE DECK FERRIES AS ONE METHOD OF REDUCING COVID-19 TRANSMISSION ENDED.

DATE: OCTOBER 26, 2020

Suggested Responses

  • Passenger safety is one of Transport Canada’s highest priorities.
  • In response to the unprecedented COVID-19 pandemic, the Government of Canada temporarily relaxed enforcement of regulations requiring passengers to leave their vehicles on enclosed car decks.
  • Staying on enclosed decks is very dangerous. The effects of a fire, explosion or collision could be catastrophic. Consequently the temporary flexibility ended as of September 30, and ferry passengers are no longer allowed to remain in their vehicles on enclosed car decks during a voyage.
  • We have learned a lot about COVID-19 and how to protect ourselves. Operators have implemented practices recommended by public health officials, including physical distancing, enhanced cleaning and health practices, and requiring masks.
  • Transport Canada has worked in collaboration with ferry operators to ensure passengers are leaving their vehicles, and the majority of passengers have been compliant.

IF PRESSED

  • In 2007, significant safety concerns prompted Transport Canada to prohibit passengers from remaining in their vehicles in enclosed car decks when the vessel is underway.
  • The temporary measure in March 2020 for passengers to remain in their vehicles on enclosed car deck ferries was a necessary response to the unprecedented and exceptional circumstances of COVID-19, implemented at a time when the disease was still emerging in Canada.
  • Knowledge of how the virus spreads has evolved since this initial mitigation measure was implemented. Consequently the marine safety case for ending the temporary flexibility of allowing people to remain in their vehicles in enclosed car decks is clear.
     
  • Passengers can remain in their vehicles on open vehicle decks, on which there is a reduced safety risk. 
     
  • Similar flexibility was also implemented by a very limited number of other Marine Administrations, such as the United Kingdom. Ferry operators in these administrations have since transitioned back to normal regulatory requirements, leaving Canada as one of the few countries with this temporary measure still in place.

BACKGROUND INFORMATION

  • Roll on Roll off (Ro-Ro) passenger ships are a popular form of ferry vessel. There are currently 27 ferries with enclosed car decks in operation across Canada.
     
  • These vessels pose unique safety challenges with regards to fire, stability and evacuation. In 1995, due to these concerns, and following several high profile accidents worldwide, the International Maritime Organization banned passenger access to the enclosed car deck while the vessel is underway. The practice was permitted in Canada until 2007 when Transport Canada’s Cargo, Fumigation and Tackle Regulations, enabled under the Canada Shipping Act 2001, were amended.
     
  • To support COVID-19-related physical-distancing measures, Transport Canada distributed an email notice to stakeholders on March 16, 202, announcing that temporary flexibility would be granted to allow passengers to remain in their cars on enclosed deck ferries. While section 152 of Transport Canada’s Cargo, Fumigation, and Tackle Regulations (the Regulations), which bans the practice, is still in place, this notice to stakeholders effectively neutralized the enforcement of the Regulations for the purpose of preventing community disease spread. 
     
  • Similar flexibility was also implemented by a very limited number of other Marine Administrations, such as the United Kingdom. However, it was limited to semi-enclosed car decks, and prohibitions on fully enclosed car decks remained. As of July 31, 2020, ferry operators in the United Kingdom began transitioning back to their usual operations for all sailings, leaving Canada as one of the few countries with this temporary measure still in place.
  • Transport Canada’s regional offices reached out to operators of Ro-Ro ferries in June 2020 to assess their ability to return to pre-COVID regulatory requirements. The majority of these operators indicated that they were prepared to return to normal procedures, provided reasonable notice was given.
     
  • In July, Transport Canada continued the discussions with operators and following this second round of consultation, three operators made a request to be allowed to continue to use the temporary relaxation, namely:
     
    • Newfoundland’s Department of Transportation
      • Made a request to be allowed to continue the practice until October 15, 2020.
      • The temporary measure is currently being used by six of their ferries on six different routes.
         
    • Bay Ferries Limited and Northumberland Ferries Limited
      • Requested the allowance be extended to the end of the operating season on October 31, 2020.
      • Requested that they be allowed to use the measure in subsequent operating seasons until a vaccine is developed.
      • The temporary measure is currently being used by two of their vessels on two different routes.
         
    • BC Ferries
      • Requested the allowance be extended until the first week of January 2021.
      • Based on the latest information provided by BC Ferries, the temporary measure is currently being used by 14 of their vessels on five of their routes.
      • BC Ferries noted in early July that they have put in place additional mitigation measures to prevent the spread of COVID-19 while operating at 60-70% of their vessel’s capacity.
      • BC Ferries stated that in order for these measures to be practical, at least 75% of passengers must remain in their vehicles. However, a sample provided for two of their routes indicates only 10-12% of passengers are currently staying in their vehicles on enclosed car decks.
         
  • Following analysis of health and safety considerations, alongside a review of the various mitigation measures being implemented by local health authorities across the country and partner administrations, Transport Canada was of the opinion that the temporary measure was no longer justified.
  • Transport Canada re-engaged officials at BC Ferries, Bay Ferries Ltd., Northumberland Ferries Ltd., and Newfoundland’s Department of Transportation, and the Canadian Ferry Association and discussed a plan to return to a normal regulatory posture in advance of the September 30, 2020 timeframe. 

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