Marine Liability and Information Return Regulations

Proposed Marine Liability and Information Return Regulations were published in the Canada Gazette Part I on June 11, 2016.

 

Amendments to the Marine Liability Act (MLA) to implement the 2010 Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the Convention) received royal assent in December 2014. Under the Convention, Canada is required to report to the International Maritime Organization (IMO) and the Hazardous and Noxious Substances Fund (HNS Fund) the quantities of bulk hazardous and noxious substances (HNS) cargo above certain thresholds received by individual receivers in a calendar year. The amendments to the MLA require receivers of bulk HNS to, in accordance with the Regulations, report to a federal authority information respecting quantities of HNS received. The amendments also include regulatory powers allowing the regulation of when reports are to be made and the content of the reports. To fully implement the Convention in Canada, the proposed Regulations set out reporting requirements for receivers of bulk HNS in Canada.

 

In addition to implementing reporting requirements under the Convention, it was determined that the existing Marine Liability Regulations be reorganized and clarified to maintain consistency with the proposed reporting requirements and that the Regulations be renamed to better reflect their content. This would result in the Marine Liability Regulations being repealed and replaced by the proposed Marine Liability and Information Return Regulations.

 

HNS are defined by the Convention by making reference to the various other international conventions and codes, such as the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, which set out safety requirements for transporting various substances, materials and articles on board ships that are deemed noxious, dangerous, and hazardous. Estimates indicate there are approximately 6 500 substances covered under the definition of HNS. This includes packaged/containerized (i.e. not bulk) HNS that would not be subject to the reporting requirements in the proposed Regulations, but damage caused by such substances is still covered by the Convention. Approximately 2 900 substances fall under the proposed reporting requirements. HNS include substances such as chemicals (e.g. chlorine, caustic soda), refined oil (e.g. aviation fuel, naphtha), acids (e.g. sulphuric acid, battery acid), fertilizers, alcohols, liquefied natural gas (LNG), and liquefied petroleum gas (LPG). The International Oil Pollution Compensation Funds (IOPC Funds) have created the HNS Finder, a tool to help receivers determine whether a substance is captured by the Convention and the reporting requirements. The HNS Finder is updated as substances are added to the various conventions and codes to which the Convention refers.

 

The objective of the proposed regulatory amendments is to set out the reporting requirements for bulk HNS received in Canada, as provided for in the MLA. This includes setting out the thresholds for reporting, what information is to be reported, when reporting must be done and, where necessary, to which government authority reports are to be submitted. The objective of the proposed Regulations was also to reorganize and clarify certain parts of the existing Marine Liability Regulations to facilitate understanding and ensure consistency with the proposed reporting requirements under the Convention.

 

Interested persons may make representations to the Minister of Transport with respect to the proposed Regulations within 30 days after the date of publication of the notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of the notice, and be sent to:

 

Francois Marier

Manager/Senior Policy Advisor, International Marine Policy & Liability

Department of Transport

25th Floor, 330 Sparks Street

Ottawa, Ontario K1A 0N5

email: francois.marier@tc.gc.ca