Annex H - Arctic Waters Pollution Prevention Act

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A. Purpose

1. To identify the working relationship and the division of responsibilities between Transport Canada and Fisheries and Oceans with respect to parts of the AWPPA dealing with shipping and navigation of ships in the Canadian Arctic.
    
2. As stated in the AWPPA (2.1), where inconsistency exists between part XVI of the Canada Shipping Act ( CSA ) and any part of the AWPPA , part XVI of the CSA prevails. Consequently, where inconsistency exists between this annex and another annex relating to the CSA , the other annex will prevail.

B. Offices of Primary Interest

1. For the purpose of this annex, inquiries may be addressed to, and issues of concern may be raised with either of these offices:
    
   • Transport Canada: Director, Ship Safety, Prairie & Northern Region
   • Fisheries & Oceans: Regional Director, Coast Guard, Central and Arctic Region
   
    
2. The Regional Director General, Prairie & Northern Region is the senior representative for Transport Canada on behalf of the Ship Safety Branch. The Director, Ship Safety, Prairie & Northern Region administers the AWPPA and is the principal contact.
    
3. The Regional Director General, Central and Arctic Region is the senior representative for Fisheries and Oceans on behalf of the Legislative and Regulatory Review Branch. The Regional Director, Coast Guard, Central and Arctic Region is the principal contact.

C. Legislation

1. The Arctic Waters Pollution Prevention Act:
    
   • Preamble
   • Sections 4 to 9 - Deposit of Waste
   • Sections 11 to 13 - Shipping Safety Control Zones
   • Sections 14 to 17 - Enforcement
   • Sections 18 to 22 - Offences and Punishments
   • Sections 23 to 27 - Seizure and Forfeiture

D. Responsibilities and Authorities

1. The Minister of Transport is the Minister responsible for the shipping provisions of the Arctic Waters Pollution Prevention Act, and for promulgating statutory amendments to the Act on shipping matters which arise from time to time.
    
2. Deposit of Waste
    
   1. Transport Canada is responsible for regulating the deposit of waste by ships in Arctic waters. This includes regulations pertaining to the reporting of such deposits to a Pollution Prevention Officer by the ship's master.
       
   2. Transport Canada is responsible for developing and maintaining regulations pertaining to the civil liability of any ship or shipowner resulting from a deposit of waste.
   
    
3. Shipping Safety Control Zones
    
   1. Transport Canada has the responsibility to develop and establish shipping safety control zones. Any amendments or changes to the zones will be made in consultation with Fisheries and Oceans.
       
   2. Transport Canada is responsible for the development, maintenance, monitoring and enforcement of regulations pertaining to ships navigating within Shipping Safety Control Zones. This includes regulations on construction, equipping, crewing, and carriage of cargo and fuel. Any changes to these regulations will be made in consultation with Fisheries and Oceans.
       
   3. Fisheries and Oceans is responsible for the control and direction of shipping within the Shipping Safety Control Zones through the provision of Marine Traffic Regulators.
       
   4. The Governor in Council exemption of foreign state owned ships and representation to the Foreign Affairs - Foreign Vessel Clearance Committee is the responsibility of Transport Canada. Transport Canada is also responsible for the Canada/ USA Icebreaker Entry Accord. Consultation and exchange of information in both cases will take place with Fisheries and Oceans.
   
    
4. Destruction or Removal of Ships: Fisheries and Oceans has the authority to take necessary measures in accordance with the Minister's responsibility under section 678 of the CSA .
    
5. Powers of Pollution Prevention Officers: Refer to Annex F (Pollution Incident Investigation & Enforcement) and Annex G (Pollution Prevention Officer Appointments).
    
6. Offences and punishments: Pollution Prevention Officers from both Transport Canada and Fisheries & Oceans will exercise this authority as appropriate and consistent with their respective responsibilities.
    
7. Seizure and Forfeiture: Fisheries and Oceans Pollution Prevention Officers have the authority to carry out this obligation in accordance with the Minister's responsibility as Receiver of Wrecks in the CSA . Provisions of the Fisheries Act dealing with the Disposition of Seized items apply regarding protection of persons claiming interest under the AWPPA .

E. Procedures and Consultation

1. Ongoing routine consultation is expected at all levels between the two departments and the two principal contacts. Detailed procedures are jointly developed for issues regarding NORDREG , and implementation and monitoring of standards pertaining to the Ice Regime System, Tanker and Barge Operations, and Arctic Oil Transfers. In case of shipping incidents and decision- making on navigation control, the collaboration and responsibilities are to be specified by jointly developed procedures, taking into consideration the Safety Annexes pertaining to Direction and Control of Commercial Shipping (Annex D) and Waterways and Routing Safety (Annex B).
    
2. Major issues such as regulatory amendments, shipping policy, navigation control and sovereignty will be referred to the jointly chaired Arctic Shipping Control Authority.
    
3. Arctic Shipping Control Authority ( ASCA ): ASCA , is to incorporate the duties of an Arctic Pollution Control Board, and is to be co-chaired by both the Regional Director General, Prairie & Northern Region for Transport Canada and the Regional Director General, Central and Arctic Region for Fisheries and Oceans.

F. Signing Authorities

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