Draft –May 17, 2017

Phase 5

May have to change the cover to the TP format…

Guidelines for Passenger Vessels

Operating in the Canadian Arctic


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TABLE OF CONTENTS

(To be inserted - separate page)
Acknowledgements

These guidelines have been produced and developed jointly with the Canadian

Independent Fish Harvesters Federation (CIFHF) and Transport Canada and in consultation with the

Canadian Marine Advisory Council (CMAC).

Information on this document is written for personal and public non-commercial use. Transport Canada

allows the reproduction in whole or in part, with appropriate credit, provided no changes have been made

to the content and it is intended for non-commercial use only.

A written permission from Transport Canada is necessary to reproduce multiple copies of this material, in

whole or in part, for the purposes of commercial redistribution. Contact TCcopyrightdroitdauteurTC@

tc.gc.ca for more information.

Preface

Recent climate changes and the decrease of ice in the Canadian Arctic has led to increased vessel traffic and a growing interest in the region as a “last-frontier” travel destination for cruise ship and adventure vessel operators. Vessel operators and Designated Vessel Representatives(DVR) should take into account and plan for the unique challenges and opportunities such a voyage involves. The remote arctic climate requires careful planning, preparation, training, specialized equipment, government approvals and permits, and well-thought-out emergency plans by vessel operators.

In Canada, no single regulatory organization oversees all aspects of a Canadian Arctic cruise operation. Shipping in the Canadian Arctic uses a joint-management model where several federal, provincial and territorial governments, indigenous communities, regulatory boards and other stakeholders all play a role. This can make it challenging for operators and DVRs to know:

  • Who should be contacted;
  • What regulations will apply to their voyage;
  • If approvals are needed and who issues them;
  • Reporting requirements;
  • What resources, publications and local knowledge they should have;
  • The length of time needed to make sure all of these requirements are met before leaving the dock; and
  • The costs involved.

INTENTION

These guidelines are intended to assist vessel operators and designated vessel representatives in achieving successful voyages and promoting good relations with all residents in the Canadian Arctic.

These Guidelines will aid in the planning of Canadian Arctic voyages and in making contact with all relevant authorities well in advanceto ensure:

  • All the required publications and certificates are on board the vessel;
  • Bridge Officers have studied the charts and read the publications before entering Canadian Arctic waters;
  • The operation complies with all applicable Acts and Regulations; and
  • The operation adheres to land claims agreements governing the regions along the voyage route, as well as permission from land claim authorities and private property owners.

These Guidelines are published by Transport Canada, Marine Safety and Security, Prairie and Northern Region. A collaborative effort with other organizations involved with shipping and tourism in Canada’s North has been made to keep this document current. Users of this document should note that information can change frequently. Government departments, agencies and local authorities should be contacted as early as possible to confirm current requirements.

It is the Federal Government’s intention to review and update this guidance document on an annual basis.

The reader should note this publication is not a legal document. Best management practices are included, although the reader is encouraged to refer to specific Acts, regulations and standards for legal interpretations and requirements for mandatory requirements.
APPLICABILITY

These Guidelines provide vessel operators and Designated Vessel Representatives (DVRs) with information on the appropriate Canadian government departments and agencies to be contacted for approvals and advice while transiting through the Canadian Arctic. It is necessary for vessel operators and DVRs to be thoroughly familiar with all the Government regulations concerning:

  • Pollution prevention;
  • Ship safety;
  • National security;
  • Vessel traffic management;
  • Ice navigation and ice regimes;
  • Tourism affecting Arctic communities;
  • Search and rescue; and
  • Arctic marine survival

The reference section lists the departments and agencies involved. The reader is directed to the appropriate agency by reference numbers in the text (e.g. Transport Canada Marine Safety and Security is the first contact on the list and is shown as “[1]” in the text).

DEFINITIONS

All vessels operating in Canadian waters are subject to the Canada Shipping Act, 2001 and its related regulations.

In Canada, vessels fall under two categories:

1.Pleasure Craft

Used for recreation; if the vessel is solely being used for pleasure and no money or other form of remuneration occurs, the people on board are guests and the vessel is a pleasure craft.

2. Non-pleasure Craft

Used for commercial purposes; if money or some form of remuneration is provided for the use of the vessel, even if it is not directly from the people onboard, the vessel is a non-pleasure craft and the people are passengers.

Designated Vessel Representative (DVR) - Person ashore responsible for vessel operations and maintenance.

Operator - Person on board the vessel who is responsible for the daily operations.

Arctic- refers to the Canadian Arctic only unless otherwise noted.

List of Abbreviations

AIRSS / Arctic Ice Regime Shipping System / IFA / Inuvialuit Final Agreement
ASPPR / Arctic Shipping Pollution Prevention Regulations / JRCC / Joint Rescue Coordination Centres
AWPPA / Arctic Waters Pollution Prevention Act / LILCA / Labrador Inuit Land Claims Agreement
CBSA / Canada Border Services Agency / MCTS / Marine Communications and Traffic Service Centre
CSA, 2001 / Canada Shipping Act, 2001 / MTSR / Marine Transportation Security Regulations
CAF / CF / Canadian Armed Forces (Canadian Forces) / NORDREG / Arctic Canada Vessel Traffic System
CCG / Canadian Coast Guard / NWT / Northwest Territories
CHS / Canadian Hydrographic Society / NGLD / Nunatsiavut Government Lands Division
CIS / Canadian Ice Service / NILCA / Nunavik Inuit Land Claims Agreement
CLARC / Community Lands and Resources Committee / NMRPC / Nunavik Marine Region Planning Commission
CWS / Canadian Wildlife Service / NU / Nunavut
CTS / Coastal Trade Act / NIRB / Nunavut Impact Review Board
DFO / Department of Fisheries and Oceans / NLCA / Nunavut Land Claims Agreement
DR / Deviation Reports / NOTMAR / Notices to Mariners
DVR / Designated Vessel Representative / NOTSHIP / Notices to Ships
EDO / Economic Development Officer / NuPPAA / Nunavut Planning and Project Assessment Act
EMR / Eeyou Marine Region / NPC / Nunavut Planning Commission
EMRIRB / Eeyou Marine Region Impact Review Board / OBTH / Office of Border and Travel Health
EMRLCA / Eeyou Marine Region Land Claims Agreement / PC / Parks Canada
EC / Environment and Climate Change Canada / PHAC / Public Health Agency of Canada
EIRB / Environmental Impact Review Board / PR / Position Plan Reports
EISC / Environmental Impact Screening Committee / RCMP / Royal Canadian Mounted Police
FR / Final Report / RIO / Regional Inuit Organizations
GAC / Global Affairs Canada / SAR / Search and Rescue Operations
GI / Gastrointestinal Illness / SP / Sailing Plan Reports
HC / Health Canada / TC / Transport Canada
HTO / Hunter and Trapper Organizations / TCMS / Transport Canada Marine Safety
ISPC / International Ship and Port Facility Security Code / TCMSS / Transport Canada Marine Safety and Security
ISSC / International Ship Security Certificate / UAV / Unmanned Aerial Vehicles
IFA / Inuvialuit Final Agreement / YT / Yukon

SECTION 1 - REQUIRED STEPS

This section is broken down into three parts, which are:

  1. Federal Government Requirements
  2. Land-Claims Requirements; and
  3. Territorial Government Requirements

Each section will provide detailed information on the required steps a vessel operator and/or Designated Vessel Representative must take before starting a voyage in the Canadian Arctic.

Federal Government

SUMMARY OF STEPS

To simplify the process of planning vessel operations in the Canadian Arctic, it is recommended that the Designated Vessel Representative (DVR) and/or vessel operator strategically plan to contact the relevant government departments and agencies as early as possible. Below is the suggested order of contact, with minimum timelines required.

12 to 18 months prior to voyage

  1. Transport Canada, Prairie and Northern Region - Marine Safety [1,2] This office knows the current marine regulations that apply to vessels operating in the region and is responsible for ensuring compliance with applicable acts and regulations. The DVR or vessel operator should provide a general vessel itinerary to get a determination on whether the voyage falls within legal entry limits for the various Shipping Safety Control Zones (See Appendix X).

The DVR or vessel operator must show that the ship complies with all applicable regulations so Transport Canada may verify compliance. To do this, the following information is required for each ship and should be forwarded to the Manager, Marine Safety, Transport Canada Prairie and Northern Region [1]:

  • Name of ship;
  • Number and Call Sign;
  • Port of Registry;
  • Flag;
  • Dimensions (length, breadth, and depth); gross and net tonnage; maximum draft forward and aft;
  • Classification Society;
  • Number of propeller shafts and the total power in kW;
  • Ice Classification (assigned by the Classification Society);
  • Proposed itinerary including points of embarkation and disembarkation of passengers and dates;
  • Number of passengers and crew;
  • Owner, Agent and/or DVR (name, address, telephone and fax numbers, email, etc.)

In addition, copies of the following certificates and documents must be provided:

  • International Tonnage Certificate;
  • Passenger Ship Safety Certificate;
  • Exemption Certificates (if issued);
  • International Oil Pollution Prevention Certificate;
  • International Load Line Certificate;
  • Minimum Safe Manning Document;
  • International Ship Security Certificate;
  • Document of Compliance and Safety Management Certificate (ISM Code);
  • Most recent report of Port State Control inspection;
  • Certificate of Indemnity/Insurance against pollution clean-up;
  • Arctic Waters Pollution Prevention Certificate(This certificate is not mandatory, but if it is not held a compliance inspection is required.);
  • Ice navigator qualifications, if required (See section X).
  1. Canadian Coast Guard, Central & Arctic Region[15] To be provided with an itinerary early in the planning process to use in combination with other submissions in the spring to plan the deployment of their icebreaking resources for the upcoming season. This should be sent to the Ice Operations Centers.
  1. The next step is to contact Immigration, Refugees and Citizenship Canadaand the Canada Border ServicesAgency(CBSA), as customs and immigration requirements need to be addressed [29]. Important: Any advance questions regarding visas and work permits should be directed to Immigration, Refugees and Citizenship Canada directly. Questions regarding the importation of goods should be directed to the CBSA. The CBSA will conduct both customs and immigration clearances upon the vessel’s arrival in Canada. A Coasting Trade Licence will also need to be issued for vessels carrying passengers from one port to another in Canada; the CBSA coordinates this activity with Transport Canada.
  1. Organizers are also requested to provide details of their planned itineraries to the Global Affairs Canada [26].
  1. Transport Canada Marine Security [3] must be contacted to discuss security matters relating to the Marine Transportation Security Act.

10 months prior

  1. All vessels in Canadian waters must carry and use up-to-date nauticalcharts and related publications under the Charts and Nautical Publications Regulations. It is the operator’s responsibility to make sure all the required, up-to-date charts and publications are onboard and kept current. The Canadian Hydrographic Service (CHS) distributes its nautical charts and publications to over 700 dealers across Canada and around the world. Refer to the CHS website for a list of dealers that carry these charts and publications. Refer to the Canadian Coast Guard web page for chart and publication updates; all Notice to Mariners (NOTMAR) and all Notices to Shipping (NOTSHIP) must be applied and on board.
  1. Territorial Royal Canadian Mounted Police (RCMP) Divisions [4,10,11,12] should be contacted and provided with planned itinerary. If firearms are being carried on board the vessel, the RCMP and the CBSA need to be informed of this as permits will be required.
  1. Health Canada will require compliance with all health and safety regulations. An itinerary must be provided. Note: Health Canada can inspect the vessel at any time during the voyage.
  1. If part of the trip will involve hunting or fishing activities, the Department of Fisheries and Oceans Canada (DFO) [23] shall be contacted to obtain licenses and permits for each person participating in the activity. The operator will also have to apply for CITES permits issued for each passenger that wants to export fish and game out of Canada. CITES permits may also be required if passengers purchase handicrafts or art made from animal products, such as fur, hide and ivory tusks.
  1. Canadian Armed Forces [4,10,11,12] - (TBD) - assist with SAR and potential national security threats(? Research this fact)(?)

6 to 8 months prior

  1. If the itinerary includes visits to National Marine Conservation Areas, National Historic Sites and National Parks, the operator must contact Parks Canada about permits, entry fees and conditions [28, 43, 38].
  1. Transiting through or visiting Migratory Bird Sanctuaries, National Wildlife Areas and Marine Protected Areas require authorizations from Environment Canada, Canadian Wildlife Service [28, 43, 38].
  1. If helicopters or unmanned aerial vehicles will be used during any point during the voyage, the operator must contact Transport Canada Civil Aviation, Prairie and Northern Region for information on current licensing and permit requirements and current regulations that apply.

3 months prior

  1. Environment and Climate Change Canada, Canadian Ice Services[24]should be contacted to request updated ice information for the navigators to use on board the ship.

At least 10 business days prior to arrival

15.Cruise lines requiring clearance in the Northwest Territories or Nunavut must make cost-recovery arrangements with the Canada Border Services Agencyin advance of arrival. The Pre-Arrival Notice (PAN) (Form BSF136, Cruise Ship Pre-Arrival Notice) must be submitted to the CBSA office responsible for the port where the cruise ship is expected at least 10 business days prior to arrival to allow the CBSA sufficient time to make the necessary operational arrangements to provide clearance.

At least 96 hours before entering Canadian waters

16.Security regulations require all vessels to contact a Canadian Coast Guard Marine Communications and Traffic Services Centre (MCTS) [3]. Vessels should contact MCTS Iqaluit using the call sign VFF (18a). Confirm this with MCTS (AMVR report).

24 to 36 hours prior to arrival

  1. Public Health Agency of Canada(PHAC) Cruise Ship Inspection Program all cases of gastrointestinal illness (GI) to be reported 24 to 36 hours prior to arrival in a Canadian port from a foreign port. This includes reportsof zero cases.If there are any additional cases after that 24 hour report, a four hour update must be made.When the four hour update is made, it must include all cases and not just the additional cases.In addition, a special report must be made when gastrointestinal illness reaches two percentin passengers or crew.

4 hours prior to arrival

  1. If the number of GI cases changes after submission of the initial report, an updated report will be sent to PHAC no less than four (4) hours before the ship’s arrival at the Canadian port. The four (4) hour update report will be a cumulative total count of the reported crew and passengers during the entire cruise, including the additional cases. Routine reports and four (4) hour update reports may be made by telephone, facsimile, or preferably electronically. Proof must be maintained on the ship that the report was successfully received by the Public Health Agency of Canada.

Federal Permits and Authorizations

Please see Appendix X for a list of Federal permitting, licensing, authorizations and inspection requirements.

Note: The information in Appendix X was collected from different stakeholders, including cruise operators who are subject to these requirements. The list below may not be 100 percent complete or correct, as requirements can change frequently. Also note, many of these permits and authorizations have conditions attached. It is the responsibility of the operator to be aware of and follow these conditions.

REQUIRED STEPS | Guidelines for Operating Passenger Vessels in the Canadian Arctic / 1

TERRITORIAL GOVERNMENTS

Territorial governments are responsible for wildlife management and management of cultural resources (e.g. archeology, paleontology, etc.) During the voyage planning stage, the DVR and operator must contact the territorial governments and local authorities regarding licenses, permits, environmental issues and other concerns. Some communities also require an operator or DVR to get permits and a letter of authorization before the visit. In some cases, these letters may be required when applying for other permits and authorizations. This varies from community-to-community, so please begin this well in advance of your voyage start date.