Vol. 143, No. 38 — September 19, 2009

Long-Range Identification and Tracking of Vessels Regulations

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The International Maritime Organization (IMO), to which Canada belongs, introduced provisions for contracting governments to undertake the Long-Range Identification and Tracking (LRIT) of Safety of Life at Sea Convention (SOLAS) class passenger vessels and cargo vessels of 300 gross tonnage or more on international trips. The LRIT provisions were adopted by the Maritime Safety Committee at MSC 81 in May 2006 with an international coming into force date of January 1, 2008. However, the transmission of LRIT information by ships became effective as of December 31, 2008. The current purpose of the amendments is for security; however, they have been added to SOLAS Chapter V, Safety of Navigation, for the purposes of safety and environmental protection.

As a signatory state, Canada has undertaken to introduce such requirements at the earliest opportunity in its domestic legislation. From the Canadian perspective, these IMO provisions address a number of security issues. Implementing the proposed Long-Range Identification and Tracking of Vessels Regulations (the Regulations) would enhance Canadian maritime domain awareness, allowing Canada to have a greater understanding of the marine environment that could adversely affect its security. Furthermore, the current system used to provide coastal authorities with information on vessels, the Automatic Identification System (AIS), is a broadcast system that cannot assure the confidentiality of the information transmitted and has a maximum range that is very limited (approximately 20 nautical miles).

Description and rationale

The proposed Regulations, which would be adopted under the Canada Shipping Act, 2001, Part 1, paragraph 35(1)(d), would introduce requirements for certain Canadian vessels on international voyages to be equipped with LRIT systems that transmit LRIT information regarding the identity and position of the vessel, as well as the time and date the transmission is sent. The proposed Regulations would also indicate performance standards for this equipment.

The Navigation Safety Regulations already require foreign vessels to which SOLAS Chapter V applies and that are in Canadian waters to comply with that Chapter and with any measures the government of the state whose flag the vessel is entitled to fly takes under that Chapter. In order for Canada to require foreign vessels to use LRIT when destined for a Canadian port, Canada must be a credible partner and require its own fleet to be compliant with the LRIT system when travelling internationally. By applying LRIT requirements to Canadian vessels, Canada would meet its international obligations. The proposed Regulations would allow for the tracking of shipping, thereby allowing Canada to better monitor foreign vessels within 1 000 nautical miles of the Canadian coast or bound for Canadian ports and to monitor its vessels internationally. By ensuring that vessels are tracked more effectively, the capacity to prevent and mitigate threats to vessels, the infrastructure and the public would be enhanced, as the early information provided by LRIT would allow a reduction in response time in case of emergency or if a vessel poses a threat. This regulatory initiative would fulfill Canada’s international obligations and reinforce the Government’s commitment to security in Canada and around the world.

Moreover, as LRIT is a satellite-based system, it offers a global range and enhances confidentiality of the information sent since it is available only to the intended recipients.

Benefits

Canadian Marine Security

As a contracting government to the SOLAS Convention, Canada is committed to implementing the SOLAS regulation. Alternatives to regulation that were considered, such as maintaining the status quo or introducing non-regulatory or administrative measures, would not meet this international obligation and were consequently rejected. By having the proposed Regulations in place, Canada would be in a position to enforce the requirements should a Canadian vessel, or a foreign vessel in Canadian waters, not be compliant. With LRIT, any SOLAS-class passenger vessels or cargo vessels over 300 gross tonnage on international trips that do not transmit LRIT data within the 1 000 nautical mile limit could be considered vessels of interest and there would be time to track and investigate the vessels’ presence further. By the time non-compliant vessels enter Canadian waters they could be stopped and investigated, far away from Canadian ports or infrastructure. This would facilitate maritime traffic, thereby helping to balance the need for security and the innocent movement of people and trade by vessels.

International competitiveness

In terms of international competitiveness, implementing the proposed Regulations could benefit Canadian international competitiveness with respect to Canada–Asia trade prospects by reducing the likelihood of port closures due to terrorist attacks.

Numerous Canadian trade missions to China and other Asian countries have reported that Asian shippers value reliability when planning vessel routings and gateway preference. A terrorist attack could create a significant disruption in service and would damage the reputation of Canadian ports, cost the Canadian economy millions of dollars, set back federal and provincial promotional efforts designed to increase private investment and utilization of the Asia–Pacific Gateway and possibly make irrelevant the investment of billions of dollars in infrastructure by the federal and provincial governments and the private sector (anticipated total investment of $5.8 billion). Therefore, the benefits in terms of international competitiveness would be significant.

Costs

Equipment and transmission costs

The costs for vessels to obtain equipment would be minimal as the requirements can be met by the LRIT compatible equipment that most Canadian vessels currently have on board. Preliminary discussions have indicated that only minor software changes should be required, and there should be no need for new equipment to accommodate LRIT.

The IMO Marshall Islands LRIT Project, designed to demonstrate the overall concept of LRIT, showed that about 10% of the vessels in operation had equipment that did not comply with the LRIT requirements. Similarly, most of the approximately 80 Canadian vessels affected are already equipped, but in the case that an entirely new LRIT-capable unit was necessary, it could be acquired for approximately $3,800.

The capital costs for LRIT, including the set up of the national LRIT data centre, would be covered by the $1,008,000 allocation to the Canadian Coast Guard. The estimated annual cost of LRIT information for Canada is CAN$236,500 (US$219,000) and all costs would be covered under the current funding allocations.

The annual estimate is based on having 876 000 reports per year at an estimated cost of CAN$0.27 (US$0.25) per transmission. This figure was determined by considering that there are approximately 80 affected vessels entitled to fly Canada’s flag and approximately 140 vessels intending to enter its ports every six hours, and approximately 800 ships navigating within 1 000 nautical miles off its coasts at least every 12 hours.

Compliance costs

The compliance costs for this regulatory initiative would be minimal as most vessels already carry the necessary equipment, which can be modified to transmit LRIT data, and vessels would not be charged for transmitting LRIT information. Furthermore, inspections could be carried out under the current inspection regime.

Thus, the costs associated with the proposed Regulations are easily outweighed by the benefits of preventing costly interruptions to the shipping industry and improving security in the marine environment.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment, the strategic environmental assessment process was followed and a preliminary scan was completed. The preliminary scan concluded that the proposal is not likely to have important environmental effects.

The proposed Regulations could have indirect positive impacts, as better response times due to a greater awareness of Canada’s maritime domain could contribute to mitigating security incidents and the environmental damage associated with them.

Consultation

These proposed regulatory requirements have been discussed at the national meeting of the Canadian Marine Advisory Council (CMAC) in Ottawa during the May 2006, November 2006 and May 2007 meetings. The CMAC Standing Committee on Marine Security provided a forum for Canadian shipowners and seafarers to discuss their views and contribute their input for consideration.

Compliance and enforcement

• Monitoring of non-compliance would be done through inspections conducted by the Canadian Coast Guard as a part of current ship radio equipment inspection regime.
• LRIT equipment would be added to the radio inspection checklist.
• Non-compliant vessels could be denied SOLAS vessel certification.

Transport Canada Marine Security also conducts education and awareness activities with stakeholders in order to encourage comprehension of the proposed Regulations and ensure individual responsibilities are understood, thereby promoting voluntary compliance.

The proposed Regulations would not require additional resources and monitoring to ensure compliance, as security inspectors would monitor compliance as part of the current inspection regime.

Contact

Val Smith
Marine Security Operations
Transport Canada
Place de Ville, Tower B
112 Kent Street, 14th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-0411
Fax: 613-949-3906
Email: val.smith@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 35(1) (see footnote a) of the Canada Shipping Act, 2001 (see footnote b), proposes to make the annexed Long-Range Identification and Tracking of Vessels Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Val Smith, Marine Security Operations, Department of Transport, Place de Ville, Tower B, 14th Floor, 112 Kent Street, Ottawa, Ontario K1A 0N5 (tel.: 613-991-0411; fax: 613-949-3906; e-mail: val.smith@tc.gc.ca).

Ottawa, September 9, 2009

JURICA ČAPKUN
Assistant Clerk of the Privy Council

LONG-RANGE IDENTIFICATION AND TRACKING OF VESSELS REGULATIONS

INTERPRETATION

Definitions

1. (1) The following definitions apply in these Regulations.

“cargo vessel” « bâtiment de charge »

“cargo vessel” means a vessel that is not a passenger vessel and is of 300 gross tonnage or more.

“international voyage” « voyage international »

“international voyage” means a voyage between a port in one country and a port in another country, but does not include a voyage solely on the Great Lakes, the St. Lawrence River and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montréal.

“LRIT equipment” « équipement LRIT »

“LRIT equipment” means information-transmitting equipment for the long-range identification and tracking of a vessel.

“LRIT information” « renseignements LRIT »

“LRIT information” means the information referred to in section 5.

“Minister” « ministre »

“Minister” means the Minister of Transport.

“passenger vessel” « bâtiment à passagers »

“passenger vessel” means a vessel that carries more than 12 passengers.

“sea area A1”, “sea area A2”, “sea area A3” and “sea area A4” « zone océanique A1 », « zone océanique A2 », « zone océanique A3 » et « zone océanique A4 »

“sea area A1”, “sea area A2”, “sea area A3” and “sea area A4” have the meanings assigned by regulation 2.1 of Chapter IV of SOLAS.

“SOLAS” « SOLAS »

“SOLAS” means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time.

When vessel is constructed

(2) For the purpose of these Regulations, a vessel is constructed on the earliest of

(a) the day on which its keel is laid;

(b) the day on which construction identifiable with a specific vessel begins; and

(c) the day on which assembly of the vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material.

APPLICATION

Cargo vessels and passenger vessels

2. (1) These Regulations apply in respect of Canadian vessels everywhere if they

(a) are engaged on international voyages; and

(b) are cargo vessels or passenger vessels.

Exceptions

(2) These Regulations do not apply in respect of

(a) pleasure craft; or

(b) government vessels.

COMPLIANCE

Authorized representative

3. The authorized representative of a vessel shall ensure that the requirements of sections 4 to 10 are met.

LRIT EQUIPMENT

Vessels to be fitted

4. (1) Every vessel shall be fitted with LRIT equipment.

Exception — sea area A1

(2) Subsection (1) does not apply in respect of a vessel that operates exclusively in sea area A1 if it is fitted with an automatic identification system that meets the requirements of and is operated in accordance with section 65 of the Navigation Safety Regulations.

Exception — vessels constructed before December 31, 2008

(3) A vessel constructed before December 31, 2008 is not required to be fitted with LRIT equipment before

(a) if the vessel is certified under subsection 51(4) of the Ship Station (Radio) Technical Regulations, 1999 for operation in sea area A1 and sea area A2 or in sea area A1, sea area A2 and sea area A3, the later of the day on which these Regulations come into force and the day on which its radio installation is first inspected after December 31, 2008; or

(b) if the vessel is certified under subsection 51(4) of the Ship Station (Radio) Technical Regulations, 1999 for operation in sea area A1, sea area A2, sea area A3 and sea area A4,

(i) while the vessel is operating in sea area A1, sea area A2 or sea area A3, the later of the day on which these Regulations come into force and the day on which its radio installation is first inspected after December 31, 2008, or

(ii) while the vessel is not operating in sea area A1, sea area A2 or sea area A3, the later of the day on which these Regulations come into force and the day on which its radio installation is first inspected after July 1, 2009.

Interpretation

(4) For the purpose of subsection (3), inspection of a vessel’s radio installation occurs when it is inspected as required by section 51 of the Ship Station (Radio) Technical Regulations, 1999.

Automatic transmission

5. The LRIT equipment fitted on a vessel to meet the requirements of section 4 shall automatically transmit the following information:

(a) the vessel’s identity;

(b) the vessel’s position, particularly its latitude and longitude; and

(c) the date and time of the transmission.

Type approval or certification

6. (1) The LRIT equipment fitted on a vessel to meet the requirements of section 4 shall be type-approved or certified by the Minister as meeting the performance standards and functional requirements set out in section 4 of the Revised performance standards and functional requirements for the long-range identification and tracking of ships, the annex to International Maritime Organization Resolution MSC.263(84), as amended from time to time.

Interpretation

(2) For the purpose of interpreting section 4 of the annex referred to in subsection (1),

(a) ”should” shall be read to mean “shall”; and

(b) ”Administration” shall be read to mean “Minister”.

Switching off equipment

7. (1) The LRIT equipment fitted on a vessel to meet the requirements of section 4 shall be capable of being switched off on board.

Master

(2) The vessel’s master may switch off the LRIT equipment

(a) when international agreements, rules or standards provide for the protection of navigational information; and

(b) in exceptional circumstances and for the shortest duration possible when the equipment’s operation is considered by the vessel’s master to compromise the safety or security of the vessel.

Informing authorities

(3) If the master switches off the LRIT equipment in the case provided for by paragraph (2)(b), the master shall

(a) without undue delay inform a Marine Communications and Traffic Services Centre of the Canadian Coast Guard and, if the vessel is in the waters of a contracting government, the relevant maritime authority of that government; and

(b) make an entry, in the record of navigational activities and incidents maintained in accordance with section 85 of the Navigation Safety Regulations, setting out the reasons for the decision and indicating the period during which the equipment was switched off.

Reducing frequency of or temporarily stopping transmission

8. (1) The LRIT equipment fitted on a vessel to meet the requirements of section 4 shall be capable of

(a) being configured to transmit the LRIT information at a reduced frequency of once every 24 hours; and

(b) temporarily stopping the transmission of LRIT information.

Master

(2) While a vessel is undergoing repairs, modifications or conversions in dry dock or in port or is laid up, the vessel’s master may, on his or her own

initiative, and shall, if directed to do so by the Minister,

(a) reduce the frequency of the transmission of LRIT information to once every 24 hours; or

(b) temporarily stop the transmission of LRIT information.

Informing authorities

(3) If the master reduces the frequency of or temporarily stops the transmission of LRIT information under subsection (2), the master shall

(a) without undue delay inform a Marine Communications and Traffic Services Centre of the Canadian Coast Guard and, if the vessel is in the waters of a contracting government, the relevant maritime authority of that government; and

(b) make an entry, in the record of navigational activities and incidents maintained in accordance with section 85 of the Navigation Safety Regulations, indicating the period during which the transmission of LRIT information was reduced in frequency or temporarily stopped, and whether or not the Minister directed the action.

Failure of system

9. If the Minister or the Canadian Coast Guard informs the master of a vessel that any part of the system used to receive LRIT information from the vessel or to disseminate the information has failed, the master shall make an entry, in the record of navigational activities and incidents maintained in accordance with section 85 of the Navigation Safety Regulations, setting out the date and time the master was informed.

Electromagnetic interference

10. LRIT equipment shall be installed so that electromagnetic interference does not affect the proper functioning of navigational equipment.

Issuance of proof of type approval or of certificate

11. (1) On application, the Minister shall issue a proof of type approval or a certificate for LRIT equipment if the Minister determines that the equipment meets the performance standards and functional requirements referred to in subsection 6(1).

Carry proof or certificate on board

(2) A vessel’s master shall ensure that a proof of type approval or a certificate issued under subsection (1) for the LRIT equipment fitted on the vessel to meet the requirements of section 4 is

(a) in the case of a proof of type-approval, carried on board in the form of

(i) a label that is securely affixed to the equipment in a readily visible location, or

(ii) a document that is kept in a readily accessible location; and

(b) in the case of a certificate, carried on board in a readily accessible location.

COMING INTO FORCE

Registration date

12. These Regulations come into force on the day on which they are registered.

[38-1-o]

Footnote a
S.C. 2005, c. 29, s. 16

Footnote b
S.C. 2001, c. 26

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