Memorandum of Understanding - TC and DFO
A. Purpose
To identify the delineation of responsibilities with respect to pollution prevention and deterrence, including pollution emergency plans such as ( SOPEP ), pollution prevention plans, the International Safety Management ( ISM ) Code, on board Declarations, and ballast water control and inspection
B. Definitions
Pollution Prevention The prevention of pollution refers to safe shipboard operational procedures or safe navigation practices. Prevention does not refer to procedures or contingency plans for a response to pollution occurrences.
Harmful substance Any substances 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 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 the Dangerous Goods Regulations, the Pollutant Substances Regulations, the Dangerous Chemicals and Noxious Liquid Substances Regulations, and the Dangerous Bulk Materials Regulations as amended from time to time.
Pollutant Includes oil and harmful substances.
Occurrence Release, or an imminent threat of release of a 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. Applicable Conventions and Regulations
- International Convention for the Prevention of Pollution from ships, 1973 as modified by the Protocol of 1978 (
MARPOL
).
- International Convention on Oil Preparedness Response and Co-operation, 1990 (
OPRC
).
- International Convention on Civil Liability for Oil Pollution Damage Civil Liability Convention.
- International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.
- Safety of Life at Sea Convention (
SOLAS
), Chapter V11
- International Maritime Dangerous Goods (
IMDG
) Code (
Res
A,434(XI)).
- Oil Pollution Prevention Regulations.
- Dangerous Chemicals and Noxious Liquid Substances Regulations.
- Garbage Pollution Prevention Regulations.
- Great Lake Sewage Pollution Prevention Regulations.
- Air Pollution Regulations.
- Pollutant Substances Regulations.
- Pollutant Discharge Reporting Regulations.
E. Consultations
- Shipboard Oil Pollution Emergency Plans are subject to the provisions of Regulation 26 Annex 1 of
MARPOL
73/78 and form part of the International Oil Pollution Prevention Certificate (
IOPP
), Canadian Oil Pollution Prevention (
COPP
), and Certificate of Compliance (
COC
) issued to ships by Transport Canada. Transport Canada is the lead agency with respect to all issues and regulations governed by
MARPOL
which also includes proposed changes governing Shipboard Oil Pollution Emergency Plans (
SOPEP
) and respective amendments to the Oil Pollution Preve ntion Regulations and will consult with the Canadian Coast Guard on matters of mutual concern. Marine Safety reviews, stamps, and approves
SOPEP
s, and issues
COPP
and
IOPP
certificates subject to satisfactory inspection.
- The requirements for a ship that is in Canadian waters south of sixty degrees north parallel to have a Declaration on board identified by Schedule 1 of the Canadian Oil Pollution Prevention Regulations is enforced by Transport Canada through the Port State Control and Flag State regimes.
- For requirements made under the Canada Shipping Act pertaining to Oil Handling Facilities or facilities handling harmful substances and for Response Organisations Fisheries & Oceans, Canadian Coast Guard is the lead agency.
- Transport Canada has lead responsibilities for Shipboard Pollution Prevention Plans, the development of regulations, and for ongoing monitoring of the program.
- Fisheries & Oceans is the lead agency with respect to all issues and regulations relating to pollution occurrence preparedness, response and cooperation including the
OPRC
1990 Convention, related activities and amendments.
- The enforcement and administration of the International Safety Management (
ISM
) Code, under
SOLAS
, is the responsibility of Transport Canada. Fisheries & Oceans, Canadian Coast Guard, interface where any elements of the Code refer to the ship's responsibility to respond to pollution "occurrences into the environment".
- Fisheries and Oceans has lead responsibilities for Ballast Water Control Guidelines; scientific and environmental compliance and standard development; and the development of future regulations and for ongoing monitoring of the Ballast Water Control program. Transport Canada provides regulatory input related to the shipboard safety implications of ballast water management and is responsible for compliance monitoring.
- Cargo sweepings and washings represent an environmental problem and Transport is the lead agency to address this matter in consultation with Fisheries and Oceans and other agencies having a legitimate interest.
F. Signing Authorities
Commissioner,
Canadian Coast Guard
Fisheries & Oceans
Assistant Deputy Minister,
Safety & Security
Transport Canada
Date
Date