Part 2: TERMPOL Review Committee (TRC) - TP 743 E

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2.1 INTRODUCTION
2.2 CHAIRPERSON - TERMPOL REVIEW COMMITTEE
2.3 COMMITTEE RESPONSIBILITY
2.4 RECAPITULATION
2.5 COMMITTEE REPORT

2.1 INTRODUCTION 

2.1.1 The TRC may include representatives from the following directorates of the CCG, Fisheries and Oceans Canada Marine Program Management and TCMS:

• Marine Communications and Traffic Services;
• Marine Navigation System (Navigable Waters Protection Act);
• Icebreaking;
• Environmental Response System (SERS);
• Sounding and Dredging; and
• Marine Safety.

2.1.2 Depending on the geographical location of the proposed marine terminal system or transshipment site and the nature of the cargo, it may be appropriate to invite representatives of other federal or provincial departments, agencies or specialized consultants to participate on the TRC. These may include:

• Environment Canada;
• Public Works Canada;
• Natural Resources Canada;
• Atomic Energy Control Board;
• Indian and Northern Affairs Canada for projects proposed for the Arctic region, or other areas of aboriginal interests;
• Canada Ports Corporation when the proposed project is located in an existing harbour administered by these authorities;
• St. Lawrence Seaway Management Corporation when the proposed terminal is located within the Seaway region;
• appropriate regional Pilotage Authority;
• provincial Department of the Environment; or
• any other department, agency, organization or specialized consultants depending on the circumstances under consideration.

2.1.3 When public safety is perceived to be an issue it may be appropriate to include representatives from provincial departments or agencies such as emergency measures organizations.

2.1.4 Since sailing to the Great Lakes and entering certain ports on the West Coast involves passing through United States waters, US regulations will apply in that leg of the voyage. The proponent should contact US Coast Guard for any additional requirements that may affect the transit of his vessels while in US waters at the following addresses:

Ninth US Coast Guard District
Marine Safety Division
1240 East Ninth Street
Cleveland Ohio USA 44199-2060
Tel.: (216) 902-6045
Fax: (216) 902-6059

Thirteenth US Coast Guard District
Marine Safety Division
915 Second Avenue Room 3506
Seattle, Washington USA 98174
Tel.: (206) 220-7210
Fax: (206) 220-7225

2.2 CHAIRPERSON - TERMPOL REVIEW COMMITTEE 

2.2.1 The Chairperson of a TRC is normally selected by TCMS Director General. If the TRC is based within one of the Transport Canada regions, then the Regional Director General of that region would assist the Director General in selecting the chairperson. The chairperson would be concerned with:

• the nature of the proposal;
• the provisions of the review process;
• the constitution of the Committee; and
• the administration of the review process.

The Chairperson is normally assisted by a committee secretary provided by TCMS. The remaining members of the TRC are selected by the executives of the appropriate participating departments or agencies as determined with reference to the project proposal.

2.2.2 When a regional representative is the chairperson, one or more representatives from TCMS Headquarters or from other relevant departments may, at the request of the chairperson, assist in the review process relating to the technical subjects under consideration. These may include, but are not limited to:

• dedicated ship design and operations;
• statistical inference techniques;
• marine operations research;
• marine traffic analysis;
• special ship inspection and approval procedures authorized by the Board of Steamship Inspection;
• marine aspects of port operations;
• pollution prevention and planning; and
• contingency planning.

2.3 COMMITTEE RESPONSIBILITY  

2.3.1 The TRC carries out the review of the project proposal. The primary responsibilities of the members of the TRC are to:

• review the project proposal submitted by the proponent;
• determine if there are information gaps or areas requiring amplification and request any supplementary information that may be required from the proponent;
• advise the TRC chairperson in the various departmental perspectives and, when applicable, departmental policies relating to the TRP;
• assist the TRC chairperson in producing such reports as required, either interim or the final Executive Summary; and
• inform their respective departments or agencies on the review process.

2.3.2 Although the TRC will develop the list of reports required for each Review with reference to the specifics of the proposed project, the topic areas in which reports are normally required are:

• ship design and operation;
• navigational and physical characteristics of the approaches to the terminal;
• terminal design and infrastructure;
• environmental impact;
• risk and accident analysis along the transit route and at the terminal and related mitigating measures;
• pollution prevention program; and
• contingency plan(s).

2.4 RECAPITULATION 

2.4.1 The success of the TRP will depend to a large extent on the proponent’s submissions. These will vary greatly according to the nature and size of the proposed project. Is it a marine terminal to serve oil tankers, bulk chemical carriers, or liquefied gas carriers? Is it a transshipment site intended to facilitate the transport of products through the St. Lawrence Seaway? Is it a new installation intended to handle large quantities of cargo in an environmentally sensitive area with severe weather conditions? Is it a minor modification to an existing facility with an excellent environmental safety record? Each review process will be designed to address the particular circumstances of the project under consideration.

2.4.2 This dependence on the proponent is recognized. The TRC may, however, also use the resources of the various departments represented on the Committee to augment their knowledge base and to comment on the proponent’s submission.

2.4.3 The data that may be required by the TRC could include, but not necessarily be limited to, the following:

• the proposed project’s sea transportation profile;
• the design ship’s operation characteristics;
• the design ship’s cargo containment characteristics;
• the coastal network analysis;
• coastal, climatic and oceanographic data in terms of their effects on ship navigation and terminal operations;
• an analysis of the safety of the route selected by the proponent through waters under Canadian jurisdiction;
• the proponent’s accident survey and ship casualty analysis;
• analysis of the safety of ship operations within the ship terminal zone including berthing facilities;
• the proponent’s risk and consequences analysis including proposals for mitigating risks and providing counter-measures;
• any other perceived environmental impacts of the proponent’s proposal; and
• proposed prevention, mitigation, contingency and restoration measures.

2.5 COMMITTEE REPORT  

2.5.1 The format, substance, and number of copies of the final report is left to the discretion of the TRC.

2.5.2 On completion of the TRP, a report is normally submitted by the TRC to the Director General of TCMS and to representatives of the participating departments or agencies. This report will usually take the following form:

• an Executive Summary stating interdepartmental participation, conclusions and recommendations; and
• reports on specific topics that have been identified as necessary to the review and prepared as part of the TRP.

2.5.3 The TERMPOL Report prepared by the Committee is reviewed and approved by the senior managers of all the participating departments and agencies before it is forwarded to the proponent.

2.5.4 Copies of the final report along with the Executive Summary comprising the TRC’s conclusions and recommendations are forwarded to the participating department’s libraries after they have been released by the senior managers of the respective departments.

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