Section 2 - Places of Refuge Contingency Plan - Pacific Region

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Purpose

The Pacific Regional Places of Refuge Contingency Plan includes regional measures to complement the National Places of Refuge Contingency Plan (PORCP). It establishes a regional framework to provide for an effective and efficient response to requests from ships in need of assistance seeking a place of refuge.

Authority for Directing Ships - Transport Canada

Canada Shipping Act, 2001, Part 1 – General, section 11, stipulates the appointment of marine safety inspectors and authorizations for them to exercise any powers or perform any duty or function of the Minister under the Act, including inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention – Department of Transport).

Canada Shipping Act, 2001, Part 9 – Pollution Prevention – Department of Transport, section 189, provides powers to marine safety inspectors to direct a ship.

Canada Shipping Act, 2001, Part 11 – Enforcement – Department of Transport, sub-section 211 (3), provides power to marine safety inspectors to direct the master of a ship to stop the ship or proceed to the place that the inspector may select, and to moor, anchor or remain there for any reasonable period that the inspector may specify.

Responsibility for Decisions

Transport Canada is the lead agency for decisions related to a ship in need of assistance and requesting a place of refuge. As such, Transport Canada is responsible for ensuring the IMO Guidelines are taken into account and implemented to the extent possible.

The Transport Canada - Regional Director Marine, in collaboration with the Canadian Coast Guard - Director of Maritime Services, in the Pacific Region, is responsible for the decision to grant or deny access to a place of refuge, the selection of the place of refuge and any operational instructions and conditions given to the master or salvors related to the decision.

In cases where the Transport Canada Situation Centre is activated such as when the overall risk level is determined to be high, decisions will be subject to approval through the Transport Canada Crisis Management Structure and the Crisis Management Team.

Decisions involving other authorities with jurisdiction (i.e., port authority, local municipal authority) will be subject to approval by the relevant authority.

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