Memorandum of Understanding

Memorandum of Understanding - TC and DFO

MEMORANDUM OF UNDERSTANDING BETWEEN: TRANSPORT CANADA AND FISHERIES & OCEANS RESPECTING MARINE TRANSPORTATION SAFETY & ENVIRONMENTAL PROTECTION

Date: April 1996

Fisheries & Oceans

Transport Canada

Annex A - Small Vessel Safety & Licensing

Annex C - Navigable Waters Protection Act, TERMPOL Code, International Rapids Power Development Act, and Canada Shipping Act, Part VI

Annex D - Direction & Control of Commercial Shipping

Annex E - Pollution Deterrence

Annex F - Pollution Surveillance, Incident Investigation & Enforcement

Annex G - Pollution Prevention Officer Appointments

Annex H - Arctic Waters Pollution Prevention Act

Annex I - Pollution Occurrence Reporting

Annex J - Research & Development

Annex K - Information Exchange / Database Sharing

A. Purpose

The purpose of this memorandum of understanding is to provide an administrative framework which ensures a coherent and consistent approach to all aspects of marine transportation safety and environmental protection.
Transport Canada and Fisheries & Oceans recognize that each department has distinct but interrelated responsibilities for the management of marine transportation safety and environmental protection.

B. Principles & Commitments

This memorandum of understanding is purely an administrative arrangement intended as a convenience to public servants to better serve the public and industry clientele. This memorandum does not preclude or excuse departmental personnel from taking the measures necessary to fully meet the needs of the public and our industry clients.
The first obligation of both departments is to maintain the high level of marine safety and environmental protection the public has come to expect of the Federal Government.
Effective interdepartmental co-operation leads to certainty and predictability of government actions, and promotes public confidence and sound economic planning.
Beyond the terms specified in this memorandum, the departments commit to co-operate and communicate openly and continuously with each other at appropriate official levels on any and all matters relating to the administration of marine transportation safety and environmental protection.
Both departments commit to the responsible and effective administration of their shared responsibilities. Both departments undertake to provide timely notification and appropriate consultation whenever the activities of one department directly affect the activities and responsibilities of the other.

C. Legislation & Regulations

The statutes which impinge directly on this memorandum are:

Statute

Lead Department(s)

Canada Shipping Act

Transport Canada

Arctic Waters Pollution Prevention ^{Act 1}

Transport Canada, Indian Affairs & Northern Development, Natural Resources

Arctic Waters Pollution Prevention ^{Act 2}

Fisheries & Oceans ^{(Transfer through the Fisheries Act 3 )}

International Rapids Power Development ^{Act 2}

Fisheries & Oceans ^{(Transfer through the Fisheries Act 3 )}
1. The departmental legislative and regulatory responsibilities for the Arctic Waters Pollution Prevention Act are addressed in Annex H.
2. The departmental legislative and regulatory responsibilities for the Navigable Waters Protection Act and the International Rapids Power Development Act are addressed in Annex C.
3. These transfers are contingent upon the passing of amendments to the Fisheries Act through Parliament. Transfer of these authorities has the concurrence of both Fisheries & Oceans and Transport Canada.

The Minister of Transport is the minister responsible for the Canada Shipping Act. The Minister of Fisheries & Oceans, however, has responsibilities under the following specific sections of this Act as transferred in accordance with the Public Service Rearrangement and Transfer of Duties Act which may be superseded by the Oceans Act:

Section	Description	Note
385	Designate Rescue Coordinators	Fisheries & Oceans is responsible for the provision of Marine Search & Rescue Services.
405	Regulations affecting pleasure yachts	Fisheries & Oceans is responsible for pleasure craft regulation.
422-475	Wrecks and Receivers of Wrecks	Unless otherwise stated, all references to Minister in these sections are to the
517-525	Lighthouses, Buoys and Beacons, and Sable Island	Fisheries & Oceans is responsible for the provision of marine navigation services.
562(4)	Restriction of navigation	Applies only to vessels less than 15 gross tonnage.
562.15 - 562.20	Vessel Traffic Services	Fisheries & Oceans is responsible for the provision of marine navigation services.
660.1 - 660.11	International Convention on Oil Pollution Preparedness, Response & Co-operation	Fisheries & Oceans is responsible for Response Organizations, Regional Advisory Councils, and Oil-Handling Facilities.
677(1)(b) (i), & (1)(c)	Liability of the ship owner for costs and expenses incurred in a pollution response	Fisheries & Oceans is responsible for ensuring the provisio n of pollution cleanup services.
678(1)	Minister may take necessary measures	Authority for the Minister of Fisheries & Oceans to take actions to mitigate or prevent pollution from ships.

D. Responsibilities

The Minister of Transport is the Minister responsible for the Canada Shipping Act, and for promulgating statutory amendments to the Act which arise from time to time.
Regulatory amendments made pursuant to the Canada Shipping Act are the responsibility of each department consistent with the prescribed delineation of responsibilities contained in this memorandum. This includes the legal drafting work, consultation, regulatory impact analysis, and sign-off by the respective Ministers. In the instance of regulations administered by Fisheries & Oceans only, the amendment package is first signed by the Minister of Fisheries & Oceans, and is then forwarded to the Minister of Transport for concurrence and submission to the Governor in Council. The Interdepartmental Affairs Committee (described in Part G, below) is responsible for ensuring the co-ordination of this effort. Each department is to bear its own costs for publication of regulatory amendments in the Canada Gazette.
A guide to the delineation of responsibilities between the two departments in regard to environmental protection and marine transportation safety is that Transport Canada is responsible for regulation, inspection and enforcement of those elements on the ship (that is the vessel, its equipment, crew, and procedures), while Fisheries & Oceans is responsible for those elements off the ship, including the regulation of the waterway, provision of enroute safety, and environmental protection services. Annex B, Waterway & Routing Safety, provides greater clarification on this issue.
One exception to the above guiding principle is pleasure craft, where the responsibility for regulation, inspection and enforcement is also with the department of Fisheries & Oceans. Annex A, Small Vessel Safety & Licensing, provides greater clarification on this issue.
Responsibility for all fishing vessel regulation, inspection and enforcement as pertains to the Canada Shipping Act is that of Transport Canada. Transport Canada acknowledges that Fisheries & Oceans has a legitimate interest in fishing vessels and is to be consulted in the development of standards and regulations for these vessels. Transport Canada is to seek the concurrence of the Department of Fisheries & Oceans before revoking or promulgating regulations for these vessels.
While Transport Canada is fully responsible for the Canada Shipping Act regulations for fishing vessels less than 15 gross tons, Fisheries & Oceans may become more involved in safety examinations of these vessels.

E. Canadian Marine Advisory Councils

The Coast Guard Marine Advisory Councils are to be renamed the Canadian Marine Advisory Councils. The Councils are open for a and function as the principal bodies by which Transport Canada and Fisheries & Oceans consult with stakeholders on issues of marine transportation safety and environmental protection. The Councils advise the departments on such matters as:
- development and acceptance of international conventions, regulations, codes, standards and recommendations;
- development and implementation of national statutes, regulations, codes, standards, recommendations and procedures; and the provision of operations and services.
The National Canadian Marine Advisory Council is co-chaired by the Commissioner, Canadian Coast Guard, and the Assistant Deputy Minister, Safety & Security, or their designates.
National Council meetings will be undertaken in segments. Each department has an opportunity to focus on issues specific to its responsibilities, with the one responsible Chairperson guiding the proceedings. There is also a plenary session addressing issues of joint responsibility at which both Chairpersons attend and guide the proceedings.
The Secretariat function is shared by the two departments, balancing the responsibility between the National and the Regional Councils. Secretariat support for the National Council is provided by Fisheries & Oceans, while Secretariat support for Regional Councils is provided by Transport Canada.
Associated Secretariat costs ( e.g. , meeting accommodation, session voice translation services, and hospitality) are borne by the respective Secretariats. Costs for distribution of National Canadian Marine Advisory Council-related materials is also borne by the Secretariats..Transport Canada.
Maintenance of the Canadian Marine Advisory Council mailing list is the responsibility of Transport Canada.
For the plenary segment of the National CMAC , the development of the agenda, the production of meeting minutes, and the costs of translation and reproduction of materials for distribution are the responsibility of the Secretariat. The concurrence of both Chairpersons is required to finalize these documents.
Each department is responsible for setting the agenda, production of meeting minutes, and for the cost of translation and reproduction of materials for distribution for their respective segments of the National CMAC .
There are six Regional Canadian Marine Advisory Councils, which have primary interest in specific geographical areas as portrayed in the accompanying figure.
The Regional Canadian Marine Advisory Councils are to be co-chaired by the Regional Director Coast Guard and the Regional Director Marine Safety (or equivalent), or their designates. Regional annexes to this memorandum address the Regional Councils and the provisions for their administration.
Cost reimbursement by the Canadian Government to non- industry, non-government persons who require financial assistance to attend Council meetings is to be supported by both departments with the relative sharing of these costs to be determined on a case-by-case basis.
Nothing in this memorandum precludes either department from establishing consultative bodies apart from the Councils to address areas under its own direct responsibility.

F. International Relations

Transport Canada is responsible for international matters concerning shipping policy, vessel safety and ship-source pollution prevention, and is the national administration to which many international maritime conventions refer.
Transport Canada is the lead department, providing overall co-ordination for Canada's relations with the International Maritime Organization. Transport Canada is the designated Canadian authority serving as the national focal point for communications with the International Maritime Organization. Transport Canada's Assistant Deputy Minister, Safety & Security, or designate, is the Canadian Head of Delegation to the International Maritime Organization Assembly and Council sessions, and signs its conventions on behalf of the government of Canada. (The instruments of accession are drafted and deposited by the Department of Foreign Affairs).
It is understood that Fisheries & Oceans has interests in areas addressed by the International Maritime Organization, such as those related to marine environmental response, and search & rescue. Transport Canada will continue to co-ordinate Canada's representation at the International
Notwithstanding the understanding that Transport Canada is the focal point with regard to relations with the IMO , nothing in this memorandum of understanding limits or alters other international relations by either department that are entered into within the authority of that department to do so. Both departments agree to inform the other of any matters that may have an impact on the other department, and agree to co-operate on issues of joint interest.
Fisheries & Oceans, Canadian Coast Guard, is responsible for representing Canada on international bodies addressing environmental response, operational and technical concerns, such as:

International Association of Lighthouse Authorities,
International Marine Satellite System,
International Joint Commission.

It is understood that Transport Canada also has interests in these fora and is to be kept apprised by Fisheries & Oceans on relevant matters.

G. Interdepartmental Affairs Committee

The Transport Canada - Fisheries & Oceans Interdepartmental Affairs Committee is established to provide the following functions:
- Oversight of this memorandum of understanding, including its periodic review and interdepartmental issue resolution.
- Development of consensus between the two departments on a unified approach to marine legislative matters and international conventions of mutual concern.
- Review, approval and prioritizing of regulatory initiatives of mutual concern with respect to the Canada Shipping Act, the Oceans Act, the Navigable Waters Protection Act, and the Arctic Waters Pollution Prevention Act.
- Any other issues related to the relationship between the two departments respecting marine transportation safety and environmental protection.
The Interdepartmental Affairs Committee is co-chaired by the
Commissioner, Canadian Coast Guard, and the Assistant Deputy Minister, Safety & Security, or their designates.
Membership of this Committee is to include:
- Fisheries & Oceans, Office of the Deputy Commissioner, Canadian Coast Guard
- Transport Canada, Marine Safety
- Department of Justice, Admiralty & Maritime Law
- Transport Canada, Legal Services
- Fisheries & Oceans, Legal Services
- Transport Canada, Policy
- Fisheries & Oceans, Policy
- Headquarters and Regional Directors General when determined by the Co-Chairs as appropriate.
The Secretariat function for this committee is provided by the Canadian Coast Guard.
The development and periodic review of specific terms of reference for this Committee is the responsibility of the Co-Chairs.

H. Review

The Interdepartmental Affairs Committee is responsible for undertaking a review of this memorandum at least biennially. The objective of the review is to assess the effectiveness of the mechanisms provided in this memorandum towards ensuring a coherent and consistent management of all aspects of marine transportation safety and environmental protection.
It is the responsibility of the Interdepartmental Affairs Committee to ensure that measurable criteria are established against which the effectiveness of the memorandum can be assessed.
Any recommendations requiring amendments to this memorandum will be addressed through the amendment procedure defined in Part J, below.

I. Issue Resolution Mechanism

Issues which arise which are strictly intra-Regional are to be brought to the attention of the respective Regional Directors General, or designate, for their resolution.

Transport Canada Region

Fisheries & Oceans Region

Atlantic

Newfoundland

Atlantic

Maritimes

Québec

Laurentian

Ontario

Central & Arctic

Prairie & Northern

Central & Arctic

Pacific

Pacific
Any issue arising from the terms or application of the functional annexes of this memorandum, and which are not exclusive to one Region, are to be resolved by consultation between the appropriate departmental representatives identified in that annex.
If resolution is not achieved through either of the above processes, and for all other issues related to the terms or application of this memorandum of understanding, the Interdepartmental Affairs Committee is responsible for coming to resolution.

J. Term & Amendments

This memorandum of understanding will become effective upon signing (Part M) and shall remain in effect until revoked, in writing, by either Transport Canada or Fisheries & Oceans.
Amendments include the update, revision, addition or deletion to the memorandum or its annexes.
The main body of memorandum may be amended at any time with the mutual written consent of the Deputy Ministers. The Interdepartmental Affairs Committee is responsible for the consideration of proposed amendments and for putting forward to the Deputy Ministers recommendations for amendments.
Proposals for amendments to the functional annexes may be made to either of the Co-Chairs of the Interdepartmental Affairs Committee, for the Committee's consideration.
Proposals for amendments to the Regional Annexes to this memorandum may be made to either of the Regional Directors General responsible for their joint consideration.

K. Functional Annexes

Appended to this memorandum are annexes which address discrete functions of common concern, as identified below.
1. Small Vessel Safety & Licensing.
2. Waterway & Routing Safety.
3. Navigable Waters Protection Act, TERMPOL Code, International Rapids Power Development Act, and Canada Shipping Act, Part VI.
4. Direction & Control of Commercial Shipping.
5. Pollution Deterrence.
6. Pollution Surveillance, Incident Investigation & Enforcement.
7. Pollution Prevention Officer Appointments.
8. Arctic Waters Pollution Prevention Act.
9. Pollution Occurrence Reporting.
10. Research & Development.
11. Information Exchange/ Database Sharing.

L. Regional Annexes

Regions are to develop annexes to address day-to-day operational coordination between the departments. These annexes are to be consistent with the arrangements set forth in this memorandum, and are to be tailored to meet the specific needs of the Region.

Transport Canada Region

Fisheries & Oceans Region

Atlantic

Newfoundland

Atlantic

Maritimes

Québec

Laurentian

Ontario

Central & Arctic

Prairie & Northern

Central & Arctic

Pacific

Pacific

Regional Annexes are signed by the Regional Directors General for the respective departments. Once signed, the annexes are to be submitted to the Interdepartmental Affairs Committee who will append the document to this memorandum.

M. Signing Authorities

W.A.. Rowat
Deputy Minister
Fisheries & Oceans

N. Mulder
Deputy Minister
Transport Canada

Date

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Memorandum of Understanding - TC and DFO