Vol. 144, No. 13 — June 23, 2010

Registration

SOR/2010-127 June 10, 2010

CANADA SHIPPING ACT, 2001

Northern Canada Vessel Traffic Services Zone Regulations

P.C. 2010-732 June 10, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 136(1)(a) (see footnote a), (b) (see footnote b) and (i) (see footnote c) of the Canada Shipping Act, 2001 (see footnote d), hereby makes the annexed Northern Canada Vessel Traffic Services Zone Regulations.

NORTHERN CANADA VESSEL TRAFFIC SERVICES ZONE REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Canada Shipping Act, 2001.

“berth”
« poste d’amarrage »

“berth” includes a wharf, a pier, an anchorage and a mooring buoy.

“dangerous goods”
« marchandises dangereuses »

“dangerous goods” means the substances, materials and articles covered by the International Maritime Dangerous Goods Code.

“NORDREG Zone”
« zone NORDREG »

“NORDREG Zone” means the Northern Canada Vessel Traffic Services Zone established under section 2.

“oil”
« hydrocarbures »

“oil” has the same meaning as in section 165 of the Act.

“pollutant”
« polluant »

“pollutant” has the same meaning as in section 185 of the Act.

“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.

NORTHERN CANADA VESSEL TRAFFIC SERVICES ZONE

Prescribed zone

2. The Northern Canada Vessel Traffic Services Zone is established. It consists of

(a) the shipping safety control zones prescribed by the Shipping Safety Control Zones Order;

(b) the waters of Ungava Bay, Hudson Bay and Kugmallit Bay that are not in a shipping safety control zone;

(c) the waters of James Bay;

(d) the waters of the Koksoak River from Ungava Bay to Kuujjuaq;

(e) the waters of Feuilles Bay from Ungava Bay to Tasiujaq;

(f) the waters of Chesterfield Inlet that are not within a shipping safety control zone, and the waters of Baker Lake; and

(g) the waters of the Moose River from James Bay to Moosonee.

PRESCRIBED CLASSES OF VESSELS

Subsections 126(1) and (3) of the Act

3. The following vessels are prescribed as classes of vessels for the purposes of subsections 126(1) and (3) of the Act in respect of the NORDREG Zone:

(a) vessels of 300 gross tonnage or more;

(b) vessels that are engaged in towing or pushing another vessel, if the combined gross tonnage of the vessel and the vessel being towed or pushed is 500 gross tonnage or more; and

(c) vessels that are carrying as cargo a pollutant or dangerous goods, or that are engaged in towing or pushing a vessel that is carrying as cargo a pollutant or dangerous goods.

OBLIGATION

Master

4. The master of a vessel of a class prescribed by section 3 must ensure that the requirements of sections 5 to 10 are met in respect of the vessel.

REPORTS

Type of report

5. (1) Every report required by any of sections 6 to 9 must begin with the term “NORDREG” and be followed by whichever of the following two letters corresponds to the report:

(a) “SP”, in the case of a sailing plan report;

(b) “PR”, in the case of a position report;

(c) “FR”, in the case of a final report;

(d) “DR”, in the case of a deviation report.

Content of report

(2) The report must include the applicable designators required by sections 6 to 9 and set out in column 1 of the schedule, followed by the information that is about the subject set out in column 2 and that is specified in column 3.

Sailing plan report

6. (1) A sailing plan report must be provided

(a) when a vessel is about to enter the NORDREG Zone;

(b) more than one hour but not more than two hours before a vessel departs from a berth within the NORDREG Zone, unless the vessel is moving to another berth in the same port; and

(c) immediately before a vessel gets underway within the NORDREG Zone, if the vessel

(i) has been stranded,

(ii) has stopped as a result of a breakdown in the main propulsion or steering system, or

(iii) has been involved in a collision.

Designators

(2) The sailing plan report must include

(a) in the circumstances set out in paragraph (1)(a), the designators A, B, either C or D, E, F, G, H, I, L, O, P, Q, S, T, W and X;

(b) in the circumstances set out in paragraph (1)(b), the designators A, B, either C or D, H, I, L, O, P, Q, S, T, W and X; and

(c) in the circumstances set out in paragraph (1)(c), the designators A, B, either C or D, I, L, O, P, Q, S, T, W and X.

Exception to paragraph (2)(a)

(3) If the vessel is about to enter the NORDREG Zone directly from the Eastern Canada Vessel Traffic Services Zone and has obtained a clearance issued under paragraph 126(3)(a) of the Act with respect to that zone, the designators O, Q and T do not need to be included.

Exception to paragraphs (2)(b) and (c)

(4) In the case of a report required by paragraph (1)(b) or (c), the designators O, P, Q, S, T, W and X do not need to be included if the corresponding information specified in column 3 of the schedule has not changed since the previous sailing plan report.

Position report

7. (1) A position report must be provided

(a) immediately after a vessel enters the NORDREG Zone; and

(b) daily at 1600 Coordinated Universal Time (UTC), if a vessel is underway within the NORDREG Zone, unless the information required by regulation 19-1, Long-range identification and tracking of ships, of Chapter V of SOLAS, is being transmitted in accordance with that regulation.

Additional position report

(2) A position report must also be provided as soon as feasible after a vessel’s master becomes aware of any of the following, if the vessel is within or about to enter the NORDREG Zone:

(a) another vessel in apparent difficulty;

(b) any obstruction to navigation;

(c) an aid to navigation that is not functioning properly or is damaged, out of position or missing;

(d) any ice or weather conditions that are hazardous to safe navigation; and

(e) a pollutant in the water.

Designators

(3) The position report must include the following designators:

(a) A, B, either C or D, E, F and S; and

(b) X, in the case of a position report required by subsection (2).

Final report

8. (1) A final report must be provided

(a) on the arrival of a vessel at a berth within the NORDREG Zone; and

(b) immediately before a vessel exits the NORDREG Zone.

Designators

(2) The final report must include the designators A and K.

Deviation report

9. (1) A deviation report must be provided when

(a) a vessel’s position varies significantly from the position that was expected based on the sailing plan report; or

(b) a vessel’s intended voyage changes from the sailing plan report.

Designators

(2) The deviation report must include

(a) the designators A, B, and either C or D; and

(b) the other designators included in the sailing plan report, if the corresponding information specified in column 3 of the schedule has changed since that report.

Address of report

10. Every report must be addressed to NORDREG CANADA and be provided to one of the Marine Communications and Traffic Services Centres that is designated by the Canadian Coast Guard to receive the report.

COMING INTO FORCE

July 1, 2010

11. These Regulations come into force on July 1, 2010.

SCHEDULE
(Subsections 5(2), 6(4) and 9(2))

NORDREG INFORMATION

Item	Column 1 Designator	Column 2 Subject	Column 3 Information
1.	A	Vessel	The vessel’s name, the name of the state whose flag the vessel in entitled to fly and, if applicable, the vessel’s call sign, International Maritime Organization ship identification number and Maritime Mobile Service Identity (MMSI) number.
2.	B	Date and time corresponding to the vessel’s position under designator C or D given in Coordinated Universal Time (UTC)	A 6-digit group followed by a Z, the first 2 digits giving the day of the month, the next two digits giving the hour and the last two digits giving the minutes.
3.	C	Vessel’s position by latitude and longitude	A 4-digit group giving the latitude in degrees and minutes suffixed with N, and a 5-digit group giving the longitude in degrees and minutes suffixed with W.
4.	D	Vessel’s position by geographical name of place	If the vessel is at a known place, the name of the place. If the vessel is not at a known place, the name of a known place followed by the vessel’s true bearing (3-digits) and distance in nautical miles from the place.
5.	E	Vessel’s course	The true course. A 3-digit group.
6.	F	Vessel’s speed	The speed in knots. A 2-digit group.
7.	G	Vessel’s last port of call	The name of the port of call.
8.	H	Vessel’s entry into the NORDREG Zone or departure from a berth within the NORDREG Zone	The estimated date and time that the vessel will enter the NORDREG Zone or depart the berth within the NORDREG Zone, as appropriate, with the date and time expressed as for designator B and the entry or departure position expressed as for designator C or D.
9.	I	Vessel’s destination and expected time of arrival	The name of the destination followed by the expected time of arrival, expressed as for designator B.
10.	K	Vessel’s exit from the NORDREG Zone or arrival at the vessel’s destination.	The date and time that the vessel exits the NORDREG Zone or arrives at its berth within the NORDREG Zone, with the exit date and time expressed as for designator B and the exit or arrival position expressed as for designator C or D.
11.	L	Vessel’s intended route	A brief description of the intended route through the NORDREG Zone.
12.	O	Vessel’s maximum present static draught	A 4-digit group giving metres and centimetres.
13.	P	Vessel’s cargo	A brief description of the vessel’s cargo and the cargo of any vessel being towed or pushed. The description must include (a) in the case of a dangerous good, the class and quantity; and (b) in the case of a pollutant, the technical name and quantity.
14.	Q	Defects, damage and deficiencies, as well as circumstances adversely affecting the vessel’s normal navigation	Brief details regarding any defects, damage or deficiencies of the vessel or its machinery, equipment, or charts and nautical publications, and any circumstances that adversely affect normal navigation.
15.	S	Weather and ice	A brief description of the prevailing weather and ice conditions.
16.	T	Vessel’s authorized representative, agent or owner	The name and contact information of (a) in the case of a Canadian vessel, its authorized representative; (b) in the case of a foreign vessel, its Canadian or American agent or its owner; and (c) in the case of a pleasure craft that is not a Canadian vessel, the pleasure craft’s owner.
17.	W	Persons on board the vessel	The number of persons.
18.	X	(a) In the case of a sailing plan report, (i) the amount of oil on board that is for use as fuel or carried as cargo; (ii) if the vessel’s owner or master holds an arctic pollution prevention certificate in respect of the vessel, the certificate; (iii) the vessel’s ice class, if applicable; and (iv) if the report is referred to in paragraph 6(1)(c) of the Regulations, the applicable incident referred to in that paragraph. (b) In the case of a position report referred to in subsection 7(2) of the Regulations, the applicable matter referred to in that subsection.	(a) The following information: (i) the total amount of oil, expressed in cubic metres; (ii) the certificate’s expiry date and the name of its issuing authority; (iii) the vessel’s ice class and the name of the classification society that assigned the ice class; and (iv) a brief description of the applicable incident. (b) A brief description of the applicable matter.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Today, Canada’s North is presented with both challenges and opportunities as a result of climate-driven environmental change and the world economy. Sea ice levels have recently been observed to be at an all-time low and further reductions are predicted, making the fragile Arctic marine environment more accessible for shipping, resource exploration, extraction and research-related activities. At the same time, there has been unprecedented economic growth in the North, in particular in the mining, oil and gas sectors. Northern development and associated activities, as well as the related demographic growth of northern communities, are expected to lead to more shipping in the Arctic.

Climate change is expected to lengthen the navigation season and increase accessibility to arctic areas; navigation in the Arctic will therefore be an ongoing challenge. Despite an overall decrease, sea ice levels vary greatly from year to year. Old ice will continue drifting into shipping lanes, and occurrences are likely to increase. Old ice is sea ice that has outlasted at least one summer’s melt. This ice is thicker and harder than first-year ice; therefore, it is particularly hazardous. The probability of an incident and the associated risk of environmental damage increase as shipping traffic increases.

For Canada to exercise effective stewardship in the Arctic, particularly given the potential increase in shipping activity, the legal and regulatory regime that governs shipping and the operational services that support it must be updated to address new and prospective developments. One of the initiatives proposed in this regard, an initiative of Canada’s Northern Strategy, is the establishment of a regulated Vessel Traffic Services (VTS) zone and mandatory vessel reporting requirements for Canada’s northern waters.

The Northern Canada Vessel Traffic Services Zone Regulations (the Regulations) formally establish the Northern Canada Vessel Traffic Services (NORDREG) Zone and, consistent with international law regarding ice-covered areas, implement the requirements for vessels to report information prior to entering, while operating within and upon exiting Canada’s northern waters. The Regulations replace the informal NORDREG Zone (i.e. Arctic Canada VTS zone) and the voluntary reporting system that has existed in Canada’s northern waters, enhancing the effectiveness of the official NORDREG Zone and Canada’s ability to facilitate the safe and efficient movement of marine traffic. The Regulations will enhance the safety of vessels, crew and passengers, and will safeguard the unique and fragile Arctic marine environment. The Regulations are designed to ensure that the most effective services are available to accommodate current and future levels of marine traffic.

Description and rationale

The purpose of the Regulations is to promote safe and efficient navigation as well as environmental protection. The Regulations apply to Canadian and foreign vessels intending to enter and navigating within the VTS zone.

The Regulations

• Establish the NORDREG Zone;
• Prescribe the classes of vessels required to obtain clearance for the NORDREG Zone and make reports; and
• Set out the reporting requirements for the NORDREG Zone.

Coastal authorities provide VTS in areas where monitoring marine traffic and interactions between the coastal state and the participating vessel is considered essential for the safety and efficiency of navigation and the protection of the marine environment. The types of services provided by VTS vary by area and by type of risk being addressed. Areas or zones covered by VTS regimes are wide-ranging. Canada has local VTS zones for some port areas and approaches that experience heavy traffic as well as coastal VTS zones for each coast of Canada in its entirety. Before entering and when navigating within the VTS zone, vessels report prescribed information about the vessel and its intended route to the appropriate VTS centre. Coastal VTS enhance safety and pollution prevention by providing information services to contribute to the on-board navigational decision-making process. Through identification and monitoring of vessels in an area, coastal VTS assist in the prevention of pollution and the coordination of pollution response and in search and rescue. In Canada, VTS are provided by the Marine Communications and Traffic Services (MCTS) Centres of the Canadian Coast Guard (CCG) of the Department of Fisheries and Oceans. The NORDREG Zone is managed by the MCTS Centres based in Iqaluit, Nunavut, during the normal navigation season, while services are maintained from St. John’s, Newfoundland and Labrador, in the off-season.

The coastal VTS zones on Canada’s East and West coasts are established by regulations made under the Canada Shipping Act, 2001 (CSA 2001). It is therefore mandatory for certain vessels to send reports to the applicable MCTS Centres when they are about to enter these VTS zones and while navigating within them. These zones extend to the outer limit of Canada’s territorial sea. For Canada’s North coast, before these Regulations a VTS zone had not been established by regulation; however, the informal NORDREG zone (i.e. Arctic Canada VTS Zone) with voluntary ship reporting had been in place since 1977. That Zone covered Canada’s northern waters, extending up to 100 nautical miles offshore.

The Regulations formally establish a NORDREG Zone that consists of those waters covered by the shipping safety control zones prescribed by the Shipping Safety Control Zones Order made under the Arctic Waters Pollution Prevention Act. A separate regulatory initiative extended the limit of the shipping safety control zones from 100 nautical miles to the outer limit of the exclusive economic zone of Canada in order to bring them in line with the new definition of arctic waters, expanded as a result of section 2 of An Act to amend the Arctic Waters Pollution Prevention Act, chapter 11 of the Statutes of Canada, 2009. This new definition came into force on August 1, 2009.

In addition, other areas covered by the NORDREG Zone include the waters of Ungava Bay, Hudson Bay and Kugmallit Bay that are not in a shipping safety control zone; the waters of James Bay; the waters of Koksoak River from Ungava Bay to Kuujjuaq; the waters of Feuilles Bay from Ungava Bay to Tasiujaq; the waters of Chesterfield Inlet that are not within a shipping safety control zone and Baker Lake; and the waters of Moose River from James Bay to Moosonee.

Before entering a VTS zone established under the CSA 2001, vessels of a prescribed class must obtain clearance from an MCTS officer, as required by subsection 126(1) of the CSA 2001. The Regulations establish reporting requirements to provide MCTS officers with information to determine whether to grant clearance, including the vessel’s identity, characteristics and intended route. The following are prescribed as classes of vessels for the purposes of requiring clearance under the CSA 2001 for the NORDREG Zone and are subject to the prescribed reporting requirements:

• Vessels of 300 gross tonnage or more;
• Vessels that are engaged in towing or pushing a vessel if the combined gross tonnage of the vessel and the vessel being towed or pushed is 500 gross tonnage or more;
• Vessels carrying as cargo a pollutant or dangerous goods, or engaged in towing or pushing a vessel carrying as cargo a pollutant or dangerous goods.

The prescribed classes of vessels takes into account those classes of vessels that reported under the previous voluntary system and also those classes of vessels required to report to the regulated Eastern Canada VTS Zone. The Regulations cover those vessels that pose the greatest risk to the marine environment.

The reporting requirements and format are based on generally accepted international principles for ship reporting systems and ship reporting requirements. There are four types of reports prescribed in the Regulations: a sailing plan report, a position report, a final report, and a deviation report. Information such as the following may be required in the reports: details of the vessel, the intended route, the cargo, vessel defects and deficiencies, weather and ice observations, contact information, quantity of oil on board, and number of persons on board.

MCTS will use the information provided by the vessel to enhance safety and environmental protection by

• Identifying and monitoring marine activities in the NORDREG Zone;
• Helping to screen vessels for safety and environmental protection;
• Establishing a communication link between the CCG and the vessel to address emergencies and preventative measures;
• Supporting search and rescue efforts by providing information on the position of vessels capable of providing search and rescue assistance;
• Monitoring dangerous goods and pollutants transported in Arctic waters and facilitating pollution response;
• Providing up-to-date ice routing information and conditions, as well as facilitating the provision of icebreaker services; and
• Providing shipping notices relating to the safety of navigation.

Clearance authorizes a vessel to proceed and is predicated on a review of the information provided in the vessel’s sailing plan report. Where there is a safety or an environmental concern, the clearance may be granted subject to specified conditions to address the concern. To ensure vessels are not delayed in obtaining clearance, vessels about to enter the NORDREG Zone should provide the sailing plan report 24 hours in advance of entering the zone, or as soon as possible after leaving a port that is less than 24 hours from the zone. This lead time is required to enable the MCTS to review the information provided, assess current conditions, and prepare relevant safety information for the vessel.

The Regulations will help ensure that the best services and information are available to mariners to help reduce the risk of damage to the vessel and to the environment and minimize transit time. The reporting requirements will also allow for any safety and environmental concerns to be addressed as early as possible. This is essential in light of expected increases in traffic due to climate change, resource exploration and development and seasonal community re-supply activity.

Furthermore, despite reduced summer sea ice in recent years, extreme variability in severity and duration of sea ice is expected to continue. Potentially greater quantities of old ice will be more mobile, drifting into shipping lanes and contributing to hazardous choke points. Mariners in northern waters will continue to be confronted by a wide range of possible and unpredictable ice conditions creating significant ongoing navigational challenges.

Strategic environmental analysis

A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada’s Strategic Environmental Assessment Policy Statement — March 2001. This has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Consultation

Details relating to the Regulations were presented to the Standing Committee on Navigation and Operations at the May 2009 National Canadian Marine Advisory Council (CMAC) meeting in Ottawa, Ontario. The same presentation was made at the Prairie and Northern CMAC meeting in May 2009 in Québec City, Quebec. In both cases, the regulatory initiative was supported and no adverse impacts on vessels were identified. There was some discussion on whether mandatory reporting should be required for all vessels, such as small foreign flag adventure vessels. Smaller vessels were considered; however, the application of the Regulations takes into account those classes of vessels that reported in the previous voluntary NORDREG Zone and those classes of vessels required to report in the mandatory Eastern Canada VTS Zone. In addition, the application of the Regulations is directed at those vessels that pose the greatest risk to the marine environment. Shipping companies have been informed of the mandatory reporting requirements. Companies and mariners were further advised of the Regulations at the November 2009 National CMAC meeting in Ottawa, Ontario, and at the autumn 2009 regional CMAC meetings across the country, including the Prairie and Northern CMAC meeting in November 2009 in Yellowknife, Northwest Territories.

Pre-publication

The proposed Regulations were pre-published in the Canada Gazette, Part I, on February 27, 2010, followed by a 30-day public comment period. Twelve comments were received in total. The submissions recognized the Government of Canada’s overall initiative to protect the sensitive Arctic marine environment and promote the safety of navigation in Canada’s Arctic waters. In particular, one submission emphasized that it is essential for safe navigation in the Arctic that ships participate in NORDREG.

A summary of the comments and Transport Canada’s responses is set out below. No changes were made to the proposed version of the Regulations based on the comments received.

Comment:

The consultation undertaken on the proposed Regulations should have included the global shipping industry.

Response:

The CMAC consultations included a Canadian association representing agents and shipowners of foreign flag ships that are involved in Canada’s overseas trade, including members that own and represent vessels that navigate in the areas covered zone established by these Regulations. They are fully supportive of the Regulations.

Comment:

Are the Regulations consistent with international law and in particular, with the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS)?

Response:

These Regulations are made consistent with international law and, in particular, the 1982 UNCLOS and relevant International Maritime Organization (IMO) instruments. Article 234 of UNCLOS provides that “Coastal States have the right to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone.” The purpose of the Regulations is consistent with UNCLOS and with SOLAS regulations on vessel traffic services and ship reporting.

Comment:

Are the Regulations consistent with the International Convention for the Safety of Life at Sea (SOLAS), which has provisions regarding international ship reporting systems and vessel traffic services and will Canada submit them to the International Maritime Organization (IMO) for approval?

Response:

The Regulations are consistent with SOLAS, which does not require submission of the new NORDREG Zone to the IMO for approval.

Comment:

Concern was expressed about the increasing number of mandatory ship reporting systems in general.

Response:

The Regulations do not implement a completely new or overlapping ship reporting system. These Regulations make mandatory the voluntary reporting system that has already been in place for many years. The reporting requirements have been kept to a minimum by accepting Long-Range Identification and Tracking (LRIT) transmissions in lieu of the daily position report on suitably equipped vessels.

Implementation, enforcement and service standards

Information will be disseminated through a Ship Safety Bulletin, Notices to Mariners and the CCG publication “Radio Aids to Marine Navigation.”

Monitoring will include aerial surveillance, reports from government vessels, and reporting through the LRIT system.

In a case of non-compliance, the vessel would be contacted to require that it comply with the Regulations. Where necessary, enforcement action may include follow-up communications with the flag state of a foreign vessel, notification through Port State Control procedures, and possible prosecution in accordance with the CSA 2001 and consistent with international law.

As the Regulations are made pursuant to Part 5 of the CSA 2001, enforcement for the purposes of enforcing this Part would be by persons designated pursuant to subsection 135(1) of the CSA 2001.

Contact

Robert Turner
Manager
Navigation Safety and Radiocommunications (AMSEC)
Operation and Environmental Programs
Transport Canada, Marine Safety
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-991-3134
Fax: 613-998-0637
Email: robert.turner@tc.gc.ca

Footnote a
S.C. 2005, c. 29, s. 18

Footnote b
S.C. 2005, c. 29, s. 18

Footnote c
S.C. 2005, c. 29, s. 18

Footnote d
S.C. 2001, c. 26

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