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Standing Senate Committee on Fisheries and Oceans  –  June/August 2008

Standing Senate Committee on Fisheries and Oceans Report on
the Canadian Coast Guard, Icebreakers, and Arctic Sovereignty

In June 2008, the Standing Senate Committee on Fisheries and  Oceans issued its Fourth Report on the current state of  the Canadian Coast Guard and  its readiness to ensure Canada's Arctic sovereignty. This interim report has been summarized in a news release  (below). Recommendations include:  affirming  the Northwest Passage as a  Canadian internal waterway (with a stronger, year-round presence), develop a strategic vision for the CCG – including recruit- ing Inuit,  building  new  polar class icebreakers, having a common standard for all vessels using Arctic waters, and completing needed harbour facilities in Nunavut (seven port locations were identified).

In late August, the Prime Minister responded with a backgrounder entitled Extending the Jurisdiction of  Canadian Environment and Shipping Laws in the Arctic. Among the amendments proposed for the next Parliament are an extension of the Arctic waters regulatory zone from 100 nm to 200 nm (allowing the enforcement of  the anti-pollution provisions under the Arctic Waters Pollution Prevention Act), as well as extending the Northern Canada Traffic Regulation System (or NORDREG )  reporting zone to 200 nm, and making reporting to NORDREG mandatory. (The planned building of a new heavy polar class icebreaker - CCGS John G. Diefenbaker - was not mentioned in the report ).

The Senate News Release is reproduced below, the PM Backgrounder at the bottom.

Standing Senate Committee News Release  –  The Canadian Coast Guard needs to
be better prepared, mandated, and funded to meet future challenges in the Arctic


OTTAWA, 23 June 2008  –  In a report on the role of the Canadian Coast Guard (CCG) in the Arctic tabled today by the Standing Senate Committee on Fisheries and Oceans, Senators are telling the federal government  that  the CCG  needs to be better prepared, mandated and funded to meet future challenges in a rapidly changing Arctic.

An essential aspect of the Canadian identity, the Arctic, is first and foremost the home land of Inuit who have been using the region and its resources for thousands of years. They and those who have joined them, anchor our claim to that vast expanse.

"As the ice thins, oil and gas exploration rise, and shipping increases, a strong Canad- ian Coast Guard presence in the Arctic will become ever more critical" said Senator Bill Rompkey,  Chair of the Committee. "It ensures shipping safety, environmental protect- ion, Search-and-Rescue, and  re-supply  for northern communities. The Coast Guard is an important element of  Canada's projection of sovereignty in the Arctic, and its most visible federal marine presence".

The committee's report, "The Coast Guard in Canada's Arctic",  asserts  that  Canada needs to set  the strategy and  vision now  for future needs.  To start with, the  [ CCG ] requires a long-term plan to acquire heavy icebreakers  that can operate year-round on multi-mission duties including surveillance and sovereignty patrol needs. And Canada needs a mandatory reporting and monitoring system for domestic and foreign vessels in the Arctic, as we already have on the Atlantic and Pacific coasts.

The committee heard from Aboriginal leaders, government officials, academics, scient- ists, researchers, and a number of  individuals.  "We have been told  that  the develop- ment of  sea and  land-based services and infrastructure will  be needed to ensure safe navigation in the Northwest Passage and  to buttress Canada’s sovereignty."

"Above all, better Arctic port infrastructure will be required," said Senator Ethel Coch- rane, Deputy Chair [Note: a commercial port is planned for ].

The Committee recommends:

1. Canada uphold its position that the waters of the Northwest Passage are its internal
    waters and should be prepared to defend any legal challenge.

2. Canada develop a much stronger year-round, national presence and enforcement
    capability to show the world that Canada is serious about controlling the Northwest
    Passage, protecting Canadian interests and its people, and making the waterway a
    safe and efficient shipping route.

3. There be a uniform, common code relating to the construction, manning and equip-
    ment of all vessels operating in the Arctic.

4. Inuit, with their unique knowledge of the region, be recruited for the Coast Guard
    wherever possible.

5. The Coast Guard formulate a long-term strategic vision to guide it into the future.
    With nearly a quarter of experienced marine personnel expected to retire in the next
    five to seven years, staffing issues will present a challenge.

6. NORDREG, Canada's current voluntary vessel traffic system in the Arctic, be made
    compulsory.  [Adopted for proposed amendments, see PM's Backgrounder below.]

7. Canada develop a long-term plan for the acquisition of new multi-purpose heavy
    icebreakers made in Canada capable of operating year-round in its Arctic Archipel-
    ago and on the continental shelf.

8. Deployment of multi-mission polar [class] icebreakers operated by the Coast Guard
    as a cost-effective solution to Canada’s surveillance and sovereignty patrol needs
    in the Arctic.

9. The Government of  Canada  move forward  to  implement, in collaboration with the
    Government of  Nunavut,  a comprehensive harbour development plan, as recomm-
    ended by the DFO [Fisheries and Oceans]-Nunavut  Harbours Working Committee
    in its 2005 Nunavut Small Craft Harbours Report.

Please note that this interim report – an account of work in progress – is based on evi- dence gathered in Ottawa from 5 February 2008 to 15 May 2008, before the Committee conducted public hearings and  fact-finding in Nunavut during the first week of  June 2008.  Its findings will be conveyed more fully in a final report.


Backgrounder  (Office of  the Prime Minister)

Extending the Jurisdiction of Canadian Environment and Shipping Laws in the Arctic

27 August 2008   Ottawa, Ontario

On August 27, 2008  Prime Minister  Stephen Harper announced  that the Government of  Canada would be extending the jurisdiction at which it enforces Canadian environ- mental laws and  shipping regulations  in the Canadian Arctic.  In particular,  the Prime Minister announced [the] intention to introduce new legislation extending the enforce- ment zone of the Arctic Waters Pollution Prevention Act (AWPPA) in the next sitting of Parliament.

In addition the Prime Minister announced [ ... ] new regulations extending the range at which Arctic bound ships must report to Canadian authorities through the NORDREG reporting system. [ According to the Marine Communication Traffic Services Centre in Iqaluit, about 99 per cent of vessels in Arctic waters report to NORDREG voluntarily.]

About the Arctic Waters Pollution Prevention Act

First drafted in 1970, the Arctic Waters Pollution Prevention Act provides much more stringent rules to protect maritime and coastal regions from dumping and other forms of pollution than what is required in international waters.

The Arctic Waters Pollution Prevention Act  prohibits the deposit of  waste  in  Arctic waters from either  land or ship sources.  It also requires that Arctic waters adjacent to the mainland and islands of  the Canadian Arctic  are to be  navigated only in a manner that respects Canada's  Inuit and  other Northern communities as well as Canada's  res- ponsibility  to  preserve the  fragile ecological  balance that now exists in the water, ice and  land areas of  the Canadian Arctic.

About NORDREG

NORDREG is the Arctic marine traffic system [which] keeps track of all traffic north of  60°, as well as within Ungava Bay and  the southern part of  Hudson Bay.  NORDREG has reporting requirements that are similar to [ the]  mandatory reporting provisions in southern Canadian waters. A ship 300 tons or more is required to report 24 hours prior to entering the NORDREG zone. The ship is also to report immediately before crossing the NORDREG zone boundary when entering, upon arrival at the berth, and  1-2 hours before departure from ... berth. The NORDREG zone almost mirrors the regulatory zone of the AWPPA.

Proposed Amendments

The proposed amendments announced by Prime Minister Harper include:

• Extension of regulatory zone defined as "arctic waters" under the AWPPA from its
  current limit of 100 nautical miles to 200 nautical miles. This will extend the range at
  which Canada can enforce the anti-pollution provisions in the act.

• Similarly extending the NORDREG reporting zone to a 200 nautical mile limit.

• Moving from the "encouraged" reporting provisions under the current NORDREG
  system to a mandatory reporting system for all incoming shipping traffic.


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