Annex I - Pollution Occurrence Reporting

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A. Purpose

  1. Pollution deterrence, pollution occurrence investigation and enforcement, and pollution response are programs and measures of particular concern and dependent upon the maintenance of a co-ordinated pollution occurrence reporting system. The purposes of pollution occurrence reporting are to be able to:

    1. effectively discover and report the existence or threat of a pollution occurrence or illegal discharge;
    2. provide for a co-ordinated and integrated response to pollution incidents in waters of Canadian interest by both parties;
    3. facilitate the prosecution of polluters;
    4. adequately gather information suitable to assessing pollution risks and the history of discharges or accidents and their causes and patterns; and to
    5. cross reference occurrence data with subsequent claims and recovery costs.

B. Definitions

Harmful Substance  
Any substance that, if released into the environment, would degrade the quality of that environment to the extent that it may, endanger the health, safety or welfare of persons, endanger the health of animal life, cause damage to plant life or to property, or interfere with normal enjoyment of life or property, and, without limiting the generality of the foregoing, includes deleterious substances as defined under the Fisheries Act, and other substances regulated under the Canada Shipping Act by either Dangerous Goods Regulations, the Pollutant Substances Regulations, the Dangerous Chemicals and Noxious Liquid Substances Regulations, and the Dangerous Bulk Material Regulations as amended from time to time.

Pollutant
 Includes oil and harmful substances.

Occurrence  
A release or an imminent threat of release of pollutant.

C. 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:

  • Transport Canada: Director General, Marine Safety
  • Fisheries & Oceans: Director General, Rescue & Environmental Response

D. International Conventions, Legislation, Regulations and Authorities

  1. Regulations Respecting the Reporting of Discharges or Anticipated Discharges of Pollutants, pursuant to section 657(a) of the Canada Shipping Act.

  2. Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, pursuant to Resolution A.648(16) of the 16th Session of the Assembly of the International Maritime Organization, adopted 19 October 1989.

  3. Regulations Respecting the Prevention of Pollution of Waters by Oil Discharged from Ships and from Loading and Unloading Facilities for Ships, pursuant to sections 656, 657 and 658 of the Canada Shipping Act.

  4. Canadian Coast Guard's Interim National Marine Spills Contingency Plan.

  5. Annex 9 of the Revised Great Lakes Water Quality Agreement of 1978, as amended by Protocol signed November 18, 1987.

  6. Paragraph 3 of the Agreement Between the Government of Canada and the Government of the Kingdom of Denmark for Co-operation Relating to the Marine Environment, in force August 26, 1983.

  7. Articles 4 and 5 of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990.

  8. International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.

  9. Arctic Waters Pollution Prevention Act.

  10. Oceans Act.

  11. Canada-US Joint Marine Pollution Contingency Plan.

  12. All Accord Acts.

  13. Vessel Traffic Services Zones and Eastern Canada Vessel Traffic Zone Regulations.

  14. NORDREG

E. Responsibilities and Authorities

  1. The Canadian Coast Guard's Marine Communication and Traffic Services Centers, are the focal points for the receiving of, and trans mission to the appropriate parties, information concerning actual or potential marine pollution occurrences.

  2. The maintenance and development of call-out or alerting procedures in cooperation with Transport Canada is the responsibility of the Canadian Coast Guard.

  3. The Canadian Coast Guard is responsible for reporting non-shipboard aspects of pollution occurrences including pollution response data collection and analysis.

  4. Transport Canada is responsible for reporting onboard ship aspects of pollution occurrences, including data collection and analysis.

  5. It is the responsibility of both departments to develop, implement, maintain, and periodically review incident reporting standards.

F. Procedures & Consultations

  1. Should either party become aware of a pollution occurrence, or illegal discharge, that party will ensure that the other party is immediately alerted and that information concerning the incident is shared with the other party  subject to provisions of TP789 respecting confidentiality and classified information.

  2. Both parties agree to establish and maintain a single interdepartmental reporting system to be established with modules designed to meet each department's needs. The use of a common national database and reporting standards permits both departments to access recorded historical pollution occurrence reporting data, conduct trends analysis and facilitate cost-recovery.

  3. There may be times where information is of a sensitive nature and secure communications may be requested/used by either party.

G. Signing Authorities

M. Turner
Commissioner, 
Canadian Coast Guard
Fisheries & Oceans
R. Jackson
Assistant Deputy Minister,
Safety & Security
Transport Canada


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