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Arctic Legal Landscape Canada/Russia/International IMO World Maritime Day Halifax, NS, Canada November 2008 V. M. Santos-Pedro Transport Canada.

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Presentation on theme: "Arctic Legal Landscape Canada/Russia/International IMO World Maritime Day Halifax, NS, Canada November 2008 V. M. Santos-Pedro Transport Canada."— Presentation transcript:

1 Arctic Legal Landscape Canada/Russia/International IMO World Maritime Day Halifax, NS, Canada November 2008 V. M. Santos-Pedro Transport Canada

2 2 Overview Thirty second tour of Arctic shipping activity Comparison of Canadian, Russian and IMO regulatory regimes Moving towards harmonization of standards

3 3 Arctic Shipping Today Modes of Arctic Marine Transport: Destination & Regional Trans-Arctic Trans-Arctic with Transshipment Intra-Arctic

4 4 National Arctic Shipping Legislation Canada Arctic Waters Pollution Prevention Act (1970) Arctic Waters Pollution Prevention Regulations Arctic Shipping Pollution Prevention Regulations Canada Shipping Act (2001) Ice Navigation in Canadian Waters (Canadian Coast Guard Publication) Russia Guide to Navigation through the Northern Sea Route", 1996 Regulations for Navigation on the Seaways of the Northern Sea Route, 1991 Regulations for Icebreaker- Assisted Pilotage of Vessels on the NSR, 1996 Requirements for Design, Equipment, and Supply of Vessels Navigating the NSR,1996

5 5 Administrative / Reporting arrangements Canada Application to use NWP required for state vessels - 4 mo. to one year lead Report to NORDREG on entry to zone and once a day (1600 UTC) Required 96 hour advance notice (Marine Security Regulations) Russia Application to use NSR required - 4 mo. lead time Must report twice a day while in transit Substantial fees to use NSR

6 6 Liability/Compliance Requirements Canada Compliance with Marine Liability Act (based on Civil Liability Convention) Vessels subject to Port State Control Subject to spot inspections at any time Russia Demonstration of civil liability protection required Mandatory inspection prior to use of NSR Subject to spot inspections at any time

7 7 Routing Restrictions Canada Fixed: Shipping Safety Control Zones with zone-date system based on vessel/crew capability Flexible: Arctic Ice Regime Shipping System (AIRSS) based on actual ice conditions Russia Must maintain selected route unlessunder state “ice pilot” Icebreaker assistance mandatory at certain choke points

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9 9 Ice Management Assistance Canada Ice reconnaissance and weather reports provided free to the ice- edge Routing and Icebreaker assistance available via NORDREG No other fees Russia Vessel under control of marine headquarters for icebreaking support Guided by shore based, aircraft, conventional or icebreaker leading or icebreaker assisted pilotage Appropriate radio contact must be maintained

10 10 Sarnia (Regional HQ & Operations Centre) CCG Base Hay River MCTS Iqaluit Sir W. Laurier Pierre RadissonTerry Fox Henry Larsen Louis St-Laurent Iqaluit Beachmaster Nahidik MCTS Inuvik ER Cache Des Groseilliers EckalooDumit ER Cache 1 x Bell 212 (seasonal) Canadian Ice Management Capabilities Amundsen National Air Surveillance

11 11 Crewing Canada Certified ice navigator required: (1) a tanker, at all times, and (2) ships, other than a tanker, as detailed in Schedule VIII of the ASPPRs Ice navigator must be qualified master or person in charge of deck watch for at least 50 days, with at least 30 days in Arctic waters Master maintains ultimate control despite ice pilots and directions from shore command Russia Two ice pilots required Ship crew must be able to maintain three watch system Master must have 15 days NSR ice experience Master maintains ultimate control despite ice pilots and directions from shore command

12 12 Pollution Prevention Provisions Canada Zero-discharge of waste (with minor exceptions) Bilge water discharge restrictions (Ballast Water Control and Management Regulations 2006) No potential pollutants allowed on ship side or bottom and other construction and equipment requirements Russia Also more stringent than MARPOL Wastewater treatment facility with 30 day holding tank Bilge water separator Bilge water and garbage discharge restrictions Double bottom with no storage on petroleum products and other construction requirements

13 13 Construction/Equipment Canada Special construction requirements for ships over 100gross tonnage, carrying more than 453 cubic metres of oil Arctic, CAC, Baltic Classes Special navigation equipment requirements for ships in safety control zones Russia Russian Register Ice class L1, UL or ULA required (equivalent to Lloyds Register 1A, 1AS and AC1) Special stability requirements for icing, and minimum navigation and equipment requirements

14 14 The Vision “Harmonized standards for all vessels operating in ice-covered waters” “Polar Code”: IMO Guidelines + IACS Polar Class Rules December 2002 IMO Joint Circular Guidelines for Ships Operating in Arctic Ice-covered Waters March 2008IACS Members adopt Polar Rules 2008/09IMO undertakes update of Guidelines FutureCanada adopts IACS Polar Rules by reference

15 15 1991Germany proposes Class Rules for polar waters (MSC 59) 1992Russia proposes zero discharges in Arctic waters (DE 35) 1993Finland hosts meeting of experts and Outside Working Group (OWG) formed by IMO (DE 36) 1994Calgary hosts first official meeting of OWG (ICETECH ‘94) 1998Canada submits draft Polar Code (DE 41) 2000United States proposes reduced scope as Guidelines for Ships Operating in Arctic Ice-covered Waters (DE 43) 2002Guidelines approved by IMO as MSC/MEPC Joint Circular 2005Antarctic Treaty countries propose amendment of Guidelines to include Antarctic Waters 2006IACS Council approves Polar Rules Unified Requirements 2008IMO forms correspondence group to update Guidelines (DE 51) Chronology of Polar Rules

16 16 IMO Arctic Shipping Guidelines Construction Equipment Operational Environmental Protection PC7 PC6 Polar (IACS) L1 UL Russian Register Type B 1A Type A1A Super ASPPRFinnish/ Swedish Nominal Ship Equivalencies

17 17 IMO Arctic Guidelines Part A Construction Requirements Part B Equipment Part C Operational Structures Subdivision and Stability Accommodation and Escape Measures Directional Control Systems Anchoring and Towing Main Machinery Auxiliary Machinery Electrical Installations Fire Safety Life-Saving Appliances and Survival Navigational Equipment Communications Operational requirements Emergency equipment Environmental protection and damage control

18 18 IACS Unified Requirements for Polar Ships Structural Tasks Terminology Ship-Ice Interactive Scenarios Polar Classes Hull Areas Materials and Grades of Steel Abrasion/Corrosion Allowances Longitudinal Strength Plating and Framing Powering Appendages Direct Calculations Machinery Tasks Propeller-Ice Interaction Forces Propeller Strength Procedures Shafting Gears Steering Systems Sea Water Cooling Powering Machinery Accelerations

19 19 Conclusion Climate change and economic realities may result in significant increases in Arctic marine activity Additional protection is required for ice-covered waters Existing regimes provide protection, have differences, and application is not uniform Harmonized standards will enhance safety and environmental protection while facilitating sustainable development

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