Annex F - Pollution Surveillance, Incident Investigation & Enforcement

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A. Purpose

To identify respective responsibilities with respect to aerial surveillance of marine pollution occurrences, investigation, and enforcement .

B. Offices of Primary Interest

For the purpose of this annex, inquiries may be addressed to, and issues of concern may be raised with either of these offices:

C. Applicable Conventions & Regulations

1. International Convention for the Prevention of Pollution from Ships ( MARPOL 73/78)
2. International Convention on Oil Pollution Preparedness Response and Cooperation ( OPRC ), 1990
3. Canada Shipping Act, Parts XV & XVI
4. Oil Pollution Prevention Regulations
5. Garbage Pollution Prevention Regulations
6. Dangerous Chemicals and Noxious Liquid Substances Regulations
7. Pollutant Discharge Reporting Regulations
8. Pollutant Substances Regulations
9. Air Pollution Regulations
10. Response Organisations and Oil Handling Facilities Regulations
11. Pleasure Craft Sewage Pollution Regulations
12. Non Pleasure Craft Sewage Pollution Regulations
13. Great Lakes Sewage Pollution Prevention Regulations

D. Responsibilities & Authorities

1. Investigation of ship source pollution occurrences (excluding pollution from government owned or operated vessels and warships) is the responsibility of Transport Canada. For the purposes of investigations associated with cost recovery actions for pollution clean-up by Fisheries & Oceans, Transport Canada will split samples obtained for their investigation with Fisheries & Oceans.
    
2. Transport Canada will be responsible for occurrences as follows:
    
3. Transfer using shore based loading arms or hoses: inboard of ship loading manifold.
    
4. Transfer using ship hoses: sea-side of shore manifold flange.
    
5. A qualified Fisheries and Oceans Canada pollution prevention officer may conduct the investigation of a pollution occurrence from a Coast Guard vessel, or in the event that Transport Canada is not able or chooses not to investigate a ship source pollution occurrence. All ship source investigations will be conducted in accordance with the procedures outlined in Transport Canada document titled "Pollution Prevention Officer Manual"( TP 525) as amended from time to time.
    
6. Fisheries & Oceans, Canadian Coast Guard, is responsible for the management and co-ordination of the national aerial pollution surveillance program over Canadian waters.

E. Procedures & Consultation

1. Consistent with MARPOL Article 3 Sec 3, Coast Guard will establish an internal infringement/disciplinary process to address pollution involving Canadian Coast Guard ships. A joint regional Transport Canada -Fisheries & Oceans committee will be established to review the facts and recommendations in the report, and cause appropriate corrective measures to be taken. Fisheries & Oceans will advise Transport Canada of the results of such action.
    
2. Fisheries & Oceans, Canadian Coast Guard will provide to Transport Canada all relevant information gathered in the course of aerial surveillance/detection of actual or suspected ship related discharges. Conversely, in instances where Transport Canada is not able or chooses not to investigate a ship source pollution occurrence, Transport Canada will provide all pertinent information to Fisheries & Oceans to enable their pursuit of a prosecution.
    
3. Upon conclusion of an investigation undertaken by either party, the other party is to be informed of the outcome and is to be consulted with respect to the laying of an information with the Attorney General.

F. Signing Authorities

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