Theme II - Maintaining Water Quality and Availability

IMPLEMENTATION STRATEGY
Implement programs to prevent pollution and respond to environmental incidences, including spills. ( TC )

2.2 Clean Water Regulatory Framework and 2.2.2 Clean Water Regulatory Oversight

Pollution Prevention 
Transport Canada regulates under the Canada Shipping Act, 2001 the carriage of oil and dangerous chemical cargoes onboard vessels as well as the fuel and wastes vessels generate onboard. Requirements vessels must comply with include having proper crew training, certified equipment and vessel construction, adherence to proper loading and unloading procedures, adherence to routeing restrictions, and the use of certified pollution control equipment. This regime aims to prevent pollution and incidents.

Currently, regulations under the Canada Shipping Act, 2001, are in place that set requirements to prevent spills. These requirements set out how such substances may be carried, how they are to be loaded and unloaded, and for ships to have emergency plans.

Canada's Marine Oil Spill Preparedness and Response Regime
Transport Canada regulates and monitors certified response organizations, prescribed oil handling facilities and vessels as part of Canada's Marine Oil Pollution Preparedness and Response regime under Part 8 of the Canada Shipping Act, 2001. The regime is built upon successful collaboration between government and industry. Transport Canada works with industry to ensure regulatory compliance and response preparedness in the event of an oil spill of up to 10,000 tonnes. The regime is operated and funded by the private sector through a bulk oil cargo fee.

The Canada Shipping Act, 2001 and its regulations and standards demand that potential polluters maintain a minimum level of preparedness at all times. The regime applies the polluter-pay principle, which makes the polluter liable for all response costs associated with an oil pollution incident. There are various national and international funds to pay for clean-up costs as well.

National Aerial Surveillance Program
Transport Canada carries out inspections of Canadian and foreign vessels in ports to verify they comply with Canadian and international requirements. As well, to deter illegal discharges at sea, Transport Canada operates the National Aerial Surveillance Program, which owns and operates three aircraft that cover all coasts of Canada and are equipped with state of the art sensors to detect oil on the ocean surface. If detected oil is linked to a ship, an evidence package is prepared for investigation and enforcement action. If the ship is not destined for a Canadian port, under international agreements, Canada can advise other countries of an incident in Canadian jurisdiction and request investigations which can lead to enforcement action.

Hazardous and Noxious Substances
Transport Canada is developing a national regime to deal with liability and compensation and to prepare for and respond to maritime hazardous and noxious substance incidents. With respect to a response regime for hazardous and noxious substances incidents, Transport Canada has conducted initial consultations with key stakeholders to develop a regime that will define how responses to maritime incidents involving hazardous and noxious substances should be managed. Further consultations to take place in fiscal year 2013/2014.

This  work sets a regulatory regime to prevent pollution and incidents and ensures there are preparations and capacity in place to respond to an incident. Technology plays a key role in both preventing pollution and responding to incidents. By administering regulations and carrying out research and development Transport Canada aims to attain highest possible levels of protection for the environment. As such, this work supports Federal Sustainable Development Strategy Target 3.9 – Marine Water Quality.

IMPLEMENTATION STRATEGY
Provide advice on garbage, ballast water, sewage and other marine pollution to support Canadian positions in international commitments. ( TC , EC )

2.2.1 Clean Water Regulatory Framework

As Canada depends on foreign ships to carry its trade, Canada also relies on strong international standards to protect its environment. Canada is a key member of the International Maritime Organization, the United Nations specialized agency governing marine shipping, and plays a leading role in its committees and working groups.

In 1973, the International Maritime Organization adopted the International Convention for the Prevention of Pollution from Ships, now known universally as MARPOL, which has been amended by the Protocols of 1978 and 1997 and kept updated with relevant amendments. The MARPOL Convention addresses pollution from ships by oil; by noxious liquid substances carried in bulk; harmful substances carried by sea in packaged form; sewage, garbage; and the prevention of air pollution from ships. MARPOL has greatly contributed to a significant decrease in pollution from international shipping and applies to 99% of the world's merchant tonnage. Other treaties address anti-fouling systems used on ships, the transfer of alien species by ships' ballast water and the environmentally sound recycling of ships.

Canada makes specific proposals to the International Maritime Organization to ensure international standards are protective of the environment. Transport Canada leads Canada's participation at the International Maritime Organization and often relies on timely science and technical advice from other departments to develop Canadian positions. Transport Canada in turn provides advice on shipping to other departments who lead other fora, such as Environment Canada and the United Nations Environment Programme.

For more information see http://www.tc.gc.ca/eng/marinesafety/rsqa-imo-menu-1877.htm.

This implementation strategy is linked to 3.8.5, 3.8.7 and 6.4.8.

This strategy aims to ensure that international standards on marine shipping protect the environment, and supports Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Collect required data to support International Maritime Organization, the United Nations Environmental Programme and other domestic and international organizations. ( TC , EC )

2.2.1 Clean Water Regulatory Framework

Canada is a key member of the International Maritime Organization, the United Nations specialized agency governing marine shipping, and plays a leading role in its committees and working groups. Transport Canada submits annual reports to the International Maritime Organization on Canada's compliance with international standards and on observed compliance by other countries vessels operating in Canada's jurisdiction.

For more information see http://www.tc.gc.ca/eng/marinesafety/rsqa-imo-menu-1877.htm.

The work supports the protection of the marine environment by providing international policy makers current information on environmental issues to guide negotiations, supporting Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Ensure compliance with the Canada Shipping Act, 2001, and its regulations that set controls for ships to manage ballast water and marine pollution as well as the controls on ships' discharges set out under the Arctic Waters Pollution Prevention Act. ( TC )

2.2.2 Clean Water Regulatory Oversight

Transport Canada carries out inspections of Canadian and foreign vessels in ports to verify they comply with Canadian and international requirements for ballast water management and to prevent pollution. Details are found at http://www.tc.gc.ca/eng/marinesafety/oep-inspection-menu-770.htm. These inspections are complemented for ballast water by a Canada-US joint inspection program in the Great Lakes and St. Lawrence Seaway, and for pollution prevention by the National Aerial Surveillance Program and international cooperation with other countries on enforcement.

Transport Canada also implements the provisions of the Arctic Waters Pollution Prevention Act for the zero discharge regime for the Arctic.

This implementation strategy is linked to 3.8.3 and 6.4.8.

This work protects the marine environment by ensuring laws and regulations are followed. It supports Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Implement a national regime for preparedness and response to maritime hazardous and noxious substances incidences. ( TC )

2.2.1 Clean Water Regulatory Framework

While an oil response regime is in place, Transport Canada is developing a national regime to deal with liability and compensation and to prepare for and respond to ship-source hazardous and noxious substance incidents.

With respect to a response regime for hazardous and noxious substances incidents, Transport Canada has conducted an initial round of consultations with key stakeholders to develop a regime that will define how response to maritime incidents involving hazardous and noxious substances should be managed. More consultations will be necessary in order to capture a broader audience which may have an interest in hazardous and noxious substances.

With regards to a liability and compensation regime that would provide a framework for effective compensation in the event of an incident of hazardous and noxious substances, the International Maritime Organization has also developed an international convention on shipowner's liability and which creates an international compensation fund. Transport Canada has released a discussion paper to consult stakeholders on a proposal for Canada to ratify this convention.

These measures will protect the marine environment by ensuring a capacity is in place to respond to a maritime incident involving hazardous and noxious substances. It will also ensure that appropriate liability and compensation is available to pay for a response to such an incident and for the damages it would cause. This work supports Federal Sustainable Development Strategy Theme II Maintaining Water Quality and Availability

IMPLEMENTATION STRATEGY
Monitor and regulate discharges from marine vessels into the marine environment through inspections and the detection of oil discharges using the National Aerial Surveillance Program, which may result in investigations and enforcement actions. ( TC )

2.2.2 Clean Water Regulatory Oversight

Transport Canada carries out inspections of Canadian and foreign vessels in ports to verify they comply with Canadian and international requirements. As well, to deter illegal discharges at sea, Transport Canada operates the National Aerial Surveillance Program, which owns and operates three aircraft that cover all coasts of Canada and are equipped with state of the art sensors to detect oil on the ocean surface. If detected oil is linked to a ship, an evidence package is prepared for investigation and enforcement action. If the ship is not destined for a Canadian port, under international agreements, Canada can advise other countries of an incident in waters under Canadian jurisdiction and request investigations which can lead to enforcement action.

This implementation strategy is linked with 3.8.3.

This work protects the marine environment from the adverse effects of shipping by ensuring laws and regulations are followed and enforced. It supports Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Monitor and regulate Canada's Marine Oil Pollution Preparedness and Response regime to ensure private industry maintains the required capacity to respond to oil spills caused by marine transportation. ( TC )

2.2.2 Clean Water Regulatory Oversight

Transport Canada regulates and monitors certified response organizations, prescribed oil handling facilities and vessels as part of Canada's Marine Oil Pollution Preparedness and Response regime under Part 8 of the Canada Shipping Act, 2001. The regime is built upon successful collaboration between government and industry. Transport Canada works with industry to ensure regulatory compliance and response preparedness in the event of an oil spill of up to 10,000 tonnes. The regime is operated and funded by the private sector through a bulk oil cargo fee.

The Canada Shipping Act, 2001 and its regulations and standards demand that potential polluters maintain a minimum level of preparedness at all times.

The regulations and monitoring of the Marine Oil Pollution Preparedness and Response regime ensures a state of readiness to respond during an incident, thus protecting the marine environment. It supports Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Advance positions that can influence global rules and practices on dumping waste at sea and other marine pollution matters. ( EC , TC )

2.2.1 Clean Water Regulatory Framework

Controls on dumping at sea fall under the mandate of Environment Canada, under the Canadian Environmental Protection Act, 1999.

For other marine pollution matters, as Canada depends on foreign ships to carry its trade, Canada also relies on strong international standards to protect its environment. Canada is a key member of the International Maritime Organization, the United Nations specialized agency governing marine shipping, and plays a leading role in its committees and working groups. Canada makes specific proposals to the International Maritime Organization to ensure international standards are protective of the environment.

For more information see http://www.tc.gc.ca/eng/marinesafety/rsqa-imo-menu-1877.htm.

Ensuring international standards on marine shipping protect the environment contributes to Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Manage research and development, develop partnerships, support and/or conduct technology development (emerging and forward-looking) to improve pollution prevention technologies and manage risks for marine transportation. ( TC )

1.4 Transportation Innovation

Transport Canada supports sustainable transportation through the efforts of the Transportation Development Centre's research and development projects focusing on pollution prevention. This includes consulting with industry and developing strategic partnerships to ensure the feasibility of these innovative technologies.

This implementation strategy is linked to 1.1.5, 1.1.38 and 2.1.2.

The research undertaken during the period will contribute to prevent marine pollution, supporting Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY
Advance Canadian positions on reducing and managing global marine pollution from ships. ( TC )

2.2.1 Clean Water Regulatory Framework

As Canada depends on foreign ships to carry its trade, Canada also relies on strong international standards to protect its environment. Canada is a key member of the International Maritime Organization, the United Nations specialized agency governing marine shipping, and plays a leading role in its committees and working groups. Canada also makes specific proposals to the International Maritime Organization to ensure international standards are protective of the environment.

For more information see http://www.tc.gc.ca/eng/marinesafety/rsqa-imo-menu-1877.htm.

This strategy seeks to protect the marine environment by ensuring the international standards on marine shipping are protective of the environment and contributes to Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.

IMPLEMENTATION STRATEGY 3.8.12
Support the adoption by Canada of Marine Environmental Protection Committee (International Maritime Organization) requirements where applicable. ( TC )

Implementation strategy 3.8.12 is linked to 2.2.1 Clean Water Regulatory Framework

Canada is a key member of the International Maritime Organization, the United Nations specialized agency governing marine shipping, and plays a leading role in its committees and working groups. As foreign ships carry most of Canada's trade, and comprise most of Canada's shipping activity, setting clear and predictable rules based on international standards ensures compliance by foreign vessels.

Marine Environmental Protection Committee
The Marine Environment Protection Committee administers key international conventions to prevent pollution from ships, including air and greenhouse gas emissions. Three sub-committees, Bulk Liquids and Gases, Design and Equipment, and Facilitation, play a key supporting role. Canada makes specific proposals to Marine Environment Protection Committee and related sub-committees to ensure international standards are protective of the environment. More information is available at www.imo.org.

Adoption of international standards into domestic regulatory framework
Transport Canada is adopting applicable international standards developed by the International Maritime Organization's Marine Environment Protection Committee into its regulatory framework under the Canada Shipping Act, 2001.

For more information on Transport Canada's involvement in the International Maritime Organization, please visit http://www.tc.gc.ca/eng/marinesafety/rsqa-imo-menu-1877.htm.

Implementation strategy 3.8.12 seeks to protect the marine environment by ensuring the international standards on marine shipping are protective of the environment, supporting Federal Sustainable Development Strategy Target 3.9 - Marine Water Quality.