ÍæÔ˲ʼ´Ê±±È·Ö

Annexes

ANNEX A - Terms of Reference for the Review

Independent analysis and assessment of theÌýMV MarathassaÌýfuel spill environmental response operation in English Bay, British Columbia

TO: John Butler, Assistant Commissioner (Ret'd)

FROM: Jody Thomas, Commissioner, ÍæÔ˲ʼ´Ê±±È·Ö

TERMS OF REFERENCE FOR AN INDEPENDENT ANALYSIS OF THE ENVIRONMENTAL RESPONSE OPERATION ASSOCIATED WITH THE APRIL 8, 2015,ÌýMV MARATHASSAÌýBUNKER C FUEL SPILL EVENT

You are to provide to me an independent, unbiased analysis and assessment of the ÍæÔ˲ʼ´Ê±±È·Ö’s (CCG) environmental response operation associated with theÌýMV MarathassaÌýFuel spill event in English Bay, taking into account the provisions of the ÍæÔ˲ʼ´Ê±±È·Ö (CCG) Marine Spills Contingency Plan (National and Regional Chapters), Canada’s Marine Oil Spill Preparedness and Response Regime, relevant legislation, and these Terms of Reference. A broader list of legislation, plans, policies, and directives to be taken into account is included in Appendix A. Also included inÌýAppendix AÌýis a list of key federal authorities, other levels of government, and non-government stakeholders, which you are required to engage, at a minimum, throughout your review.

Based on official government sources of information, you are to summarize the facts surrounding the outcome of the environmental response operation from the initial call until the conclusion of the CCG response, as signified by the culmination of the Unified Command.

You are to provide me with a high-level assessment of events that occurred on theÌýMV Marathassa’sÌýmaiden voyage between Japan and Vancouver, BC, including any significant events that may or may not have contributed to the pollution event.

You are also directed to review:

• all formal and informal protocols, written or otherwise, that guide the sequence of notifications to and among the various implicated authorities and stakeholders;
• the sequence of events and actions following identification of the oil spill;
• whether CCG and its partners in Incident Command were compliant with applicable/relevant plans, policies, procedures, directives, and work practices, and whether the response met industry and international response standards; and
• the effectiveness of the interactions between CCG and federal authorities, other levels of government, and non-government stakeholders in achieving the goals of the Incident Command System and Environmental Response functions.

With respect to this specific environmental response operation, and within the scope of your mandate, you are to provide recommendations, if deemed necessary, to improve the communications and operational protocols, standards, practices, actions, procedures, and directives that pertain to environmental response.

In addition, your analysis is not to express any conclusion or recommendation regarding the civil or criminal liability of any person or organization. For greater certainty, you are not to interfere with or to jeopardize any ongoing regulatory investigation, criminal investigation or criminal proceeding conducted by other public entities in relation to these events.

To support you in your assessment and in the development of your report, you will be supported by a Secretariat comprised of federal officials, who will provide a combination of subject matter expertise, analytical, research, writing, and administrative support.

You and the members of your team will be required to sign a document that will create an ethical wall to help ensure that you are able to provide an independent, unbiased review.

All CCG personnel are hereby required to assist you in this review by responding to questions and providing any requested documentation. Your primary CCG contact is Mr. Jeffery Hutchinson, Director General, National Strategies ( Jeffery.Hutchinson@dfo-mpo.gc.ca), Tel: 613-993-7728.

You and your team are required to manage all information related to the review in accordance with federal law, including theÌýAccess to Information ActÌýand theÌýPrivacy Act. Any requests that you receive to share information should be discussed with Mr. Hutchinson, who will ensure that appropriate legal and expert advice is sought regarding the release of information.

Your final report will be provided to me on or before July 19, 2015. The final report will be translated and the Minister will subsequently make this report public, no later than July 31, 2015.

Legislation, plans, policies, and directives to be taken into account:

• Oceans Act
• Canada Shipping Act, 2001
• Marine Liability Act
• Emergency Management Act
• Canada’s Marine Oil Spill Preparedness and Response Regime
• Marine Spills Contingency Plan (National Chapter)
• Marine Spills Contingency Plan (Pacific Region Chapter)
• Response Management System User’s Guide, DFO/6249
• Response Management System Directive, D-3020-2002-02
• Federal Monitoring Officer Directive, D-3030-2002-01
• On-Scene Commander Directive, D-3040-2002-01
• Cost Recovery of Ship-source and Marine Pollution Response Directive, D-4010-2001-01
• Reporting of Marine Pollution Incidents Directive, D-6010-2001-01
• ÍæÔ˲ʼ´Ê±±È·Ö Safety and Security Manual

Key federal authorities, other levels of government, and non-government stakeholders which you are required to engage, at a minimum:

• ÍæÔ˲ʼ´Ê±±È·Ö
• Transport Canada, including the National Aerial Surveillance Program
• Environment Canada, including the Canadian Wildlife Service
• Western Canada Marine Response Corporation
• Port Metro Vancouver
• Emergency Management BC
• BC Ministry of Environment
• Tsleil Waututh Nation
• District of North Vancouver
• City of North Vancouver
• District of West Vancouver
• Metro Vancouver (the regional government here, formerly “Greater Vancouver Regional District”)
• Shipping Federation of Canada
• Chamber of Shipping of BC
• Squamish Nation
• Musqueam Nation
• Local Wildlife Agencies (Oiled Wildlife Society of BC and Focus Wildlife)
• Vancouver Aquarium
• Pacific Pilotage Authority

ANNEX B - Chronology of Events

ANNEX C - Canada'sÌýMarine Oil Spill Preparedness and Response Regime

Canada’sÌýMarine Oil Spill Preparedness and Response RegimeÌýsets out the framework and requirements for preparing for and responding to ship-source oil spills in Canadian waters south of the 60thÌýparallel.

The Regime was established in 1995 to address recommendations from the Public Review Panel on Tanker Safety and Marine Spills Response Capability (the Brander-Smith Panel), and to respond to increasing concerns following a number of high profile marine oil spills (theÌýExxon Valdez, theÌýRio Orinoco, and theÌýNestucca).

The Regime places the onus on the polluter, or the ‘Responsible Party’ to take full responsibility for the cost of any damages caused by an oil spill, which is called the “polluter pays principle”. This can include taking actions directly to prevent, reduce or eliminate the source of pollution, or using the services of a third party.

The polluter pay principle is supported by both industry and the federal government. Industry is responsible for providing Canada’s response capability and the federal government is responsible for providing the legislative and regulatory framework, and ensuring that response operations are carried out appropriately to minimize damage to the marine environment.

Response Organizations

Industry bears the liability and responsibility to respond in the event of an oil spill in Canadian waters and represents Canada’s primary response capacity. To operate in Canada, prescribed vessels of a certain size (oil tankers of 150 gross tons and all vessels of 400 gross tons trading in Canadian waters) are required to have an arrangement with a Transport Canada (TC)-certified Response Organization, which carry out industry’ s operational role to maintain Canada’s response capacity. Vessels of the above-prescribed size must also have Shipboard Oil Pollution Emergency Plans (SOPEP), as required by the International Convention for the Prevention of Pollution from Ships (MARPOL).

Response Organizations are funded by shippers and oil interests, and are required to meet a uniform planning standard to maintain the on-hand capacity to respond to spills of 10,000 tonnes within prescribed time standards and operating environment^{Footnote 27}. Response Organizations must submit an oil spill response plan every three years to TC to demonstrate this preparedness capacity. This plan must include an exercise and training program, provide a certain amount of temporary storage, clean-up 500m of shoreline per day, and complete on-water recovery within 10 days of deployment. Response Organizations are re-certified every three years.

South of the 60thÌýparallel, there are four certified Response Organizations: WCMRC, Eastern Canada Response Corporation Ltd., Point Tupper Marine Services, and Atlantic Emergency Response Team.

Western Canada Marine Response Corporation

WCMRC’s geographic area of responsibility extends the length of British Columbia (BC) and out to the Exclusive Economic Zone. WCMRC has eight reference and resource Area Plans that describe area sensitivities, Incident Command Post locations, staging areas, vessel launch locations, helispots, protection/treatment strategies, equipment resources, and logistical support services. These plans are provided to TC every three years for certification purposes, and are not publicly available.

Federal roles and responsibilities

The Regime relies on interdepartmental collaboration between TC, the ÍæÔ˲ʼ´Ê±±È·Ö (CCG), and Environment Canada (EC) to provide three primary functions:

• TC provides the legislative and regulatory framework and oversight for the Regime (e.g. inspections and enforcement, certification of Response Organizations, and ensuring the appropriate level of preparedness is available to respond to marine oil spills in Canada);
• CCG oversees the industry’s response to ship-source and takes over the response when the polluter is unknown, unwilling or unable to respond; and
• EC provides and coordinates scientific, environmental and wildlife information and advice, with support from Fisheries and Oceans Canada and other experts.

In the event of an oil pollution incident, at the request of the CCG, EC will establish a Science Table comprised of experts from federal, provincial and municipal government agencies responsible for environmental protection, as well as experts from industry and non-government associations to coordinate and provide scientific and technical advice and information.

This partnership is further supported by a multi-layered system of other levels of government, including First Nations, and stakeholders who also have a role in preparing for and responding to marine oil spills in their local communities.

Legislative and regulatory framework

Three legal instruments form the basis of the Federal Regime:

• Part 8 of theÌýCanada Shipping Act, 2001, which outlines the roles and responsibilities for the Ministers of Transport and Fisheries and Oceans regarding pollution prevention and response;
• The Response Organization and Oil Handling Facilities Regulations, which explain the procedures, equipment and resources of Response Organizations and Oil Handling Facilities for use in respect of an oil pollution incident; and
• The Environmental Response Arrangements Regulations, which outlines which vessels and oil handling facilities, are required to have an arrangement with a Response Organization for pollution response.

These domestic legal instruments are supported by international standards and conventions established by the International Maritime Organization. Two international agreements allow TC to fulfill its roles in preventing and preparing for marine pollution incidents:

The International Convention for the Prevention of Pollution from Ships (MARPOL), which is domestically enforce via theÌýCanada Shipping Act, 2001, and is supported by the Vessel Pollution and Dangerous Chemicals Regulations that sets out additional standards; and

The International Convention on Oil Pollution Preparedness, Response and Cooperation, which allows Canada to provide assistance to major incidents in other member states.

The ÍæÔ˲ʼ´Ê±±È·Ö Environmental Response program

The CCG is the operational arm of the Government of Canada and is the lead federal agency responsible for ensuring an appropriate response to ship-source and mystery-source spills in Canadian waters. To deliver on this mandate the CCG has levels of service, legislative and administrative authorities, oil spill contingency plans, response assets, and domestic and international mutual aid agreements.

Levels of Service

The CCG Environmental Response (ER) Program aims to “minimize the environmental, economic and public safety impacts of marine pollution incidents occurring in Canadian waters”.^{Footnote 28}ÌýWithin this mandate, it is responsible for providing a preparedness capacity for response to ship-source marine pollution incidents and addressing reported cases of marine pollution.

To ensure an appropriate preparedness capacity, the CCG maintains a National Marine Spills Contingency Plan and regional chapters for all three regions, provides competent and qualified environmental response personnel, ensuring that a Duty Officer is available 24/7.

To appropriately address all reported cases of marine pollution, the CCG conducts an assessment of all reported cases in order to determine further course of action, which could include using CCG pollution countermeasure equipment. If the CCG equipment and resources are required, they will be mobilised within 6 hours of completion of the assessment and arrival time on-scene will vary^{Footnote 29}.

In the event of an oil spill, the CCG will advise the polluter of its responsibilities and will monitor it’s clean-up efforts (who may use its own resources, those of a Response Organization, or those of another third party), and will assume the role of Federal Monitoring Officer when the Coast Guard is satisfied with the polluter’s intentions and plans. In cases when the polluter is unknown, unwilling or unable to response, CCG will manage the clean-up efforts as On-Scene Commander.

Legislative and Administrative Authorities

The CCG’s mandate for the preparedness and response components of its ER Program in southern Canada flows from:

• TheÌýOceans ActÌýwhich devolves responsibilities for marine pollution response from the Minister of Fisheries and Oceans to the CCG;
• Part 8, section 180 of theÌýCanada Shipping Act, 2001 provides broad powers and authorities for the CCG to take action or to direct others to take action to prevent or remedy an oil spill.

The CCG, through the Minister of Fisheries and Oceans, also has the authority to immediately enter into emergency contracts up to $10M to ensure an appropriate response to oil spills in the event of an emergency.

Preparedness

The CCG maintains Canada’s National Marine Spills Contingency Plan that establishes the framework, approach and operational guidelines the CCG will use to respond to a marine pollution incident at the regional, national and international level. The CCG also maintains regional area and local response plans, including BC.

Training and exercising

The CCG has trained environmental response personnel located throughout Canada that monitor, provide advice and take action in addressing pollution incidents and protecting the marine environment. The CCG College manages and delivers a suite of specialized spill management training courses for CCG employees.

The CCG’s ER Program is also responsible for designing and conducting drills and exercises to practice, validate and reinforce the plans, systems and strategies as set out in the National Contingency Plan.

Response Assets

The CCG has 10 unstaffed equipment caches located in the Western Region and three staffed facilities. Response assets can also be cascaded, as required, from other regions.

Domestic and International Mutual Aid Agreements

The CCG and the United States Coast Guard have a Joint Marine Pollution Contingency Plan, which is regularly exercised, to promote a coordinated system for preparedness and response to marine pollution events in adjacent waters. The CCG also has administrative arrangements with France and Denmark that provide for mutual aid in the event that a spill exceeds the capacity for one nation to respond.

Additionally, Canada, as an Arctic state, has signed theÌýAgreement on Cooperation on Marine Oil Pollution Preparedness and ResponseÌýin the Arctic. This Agreement aims to strengthen cooperation, coordination and mutual assistance for oil pollution preparedness and response in the Arctic.

Canada is also a party to the International Convention onÌýOil Pollution Preparedness Response and Co-operationÌý(OPRC) that allows CCG to call upon other nations that are party to this Convention for assistance. Signatories to the OPRC Convention agree that, subject to their capabilities and availability of relevant resources, they will co-operate and provide advisory services, technical support and equipment for the purpose of responding to an oil pollution incident.

Vancouver Harbour oil spill preparedness and response support network

Canada’s comprehensive, multi-layered marine safety system relies on a support network of other levels of government, including First Nations, and stakeholders who have a role in preparing for and responding to marine oil spills in their local communities.

Province of British Columbia

At the provincial level, BC’s Ministry of Environment maintains a contingency plan for marine oil spills. The Ministry of Environment is responsible for provincial preparedness and response management for spills under theÌýEmergency Program ActÌýand the associated Emergency Program Management Regulation.

BC’s contingency plan is aligned with the Incident Command System and outlines the organization, procedures and duties of the provincial government in response to a major oil spill in BC’s coastal waters. The plan is founded on two guiding documents: the Environmental Emergency Program Policies and Procedures and the BC Emergency Response Management System.

The Ministry of Environment is also responsible for environmental monitoring, and protecting and cleaning up the inter-tidal shoreline and seabed under provincial jurisdiction.

First Nations

First Nations in the Vancouver area have a responsibility to protect their traditional territories and to ensure proper stewardship of their land and waters. Environmental protection is a key priority for First Nations - they use their traditional knowledge to ensure that environmental and cultural sensitivities are protected in the event of an oil spill.

Municipalities

Municipalities in the Vancouver area have many responsibilities in the event of a marine oil spill, including protecting its citizens from contaminated shorelines, coordinating volunteers, communicating with the public about health and environmental concerns, and providing support to the lead agency.

Port Metro Vancouver

Port Metro Vancouver (PMV) maintains a Letter of Understanding with the ÍæÔ˲ʼ´Ê±±È·Ö’s Western Region to ensure prompt and cost-effective response to ship-source and mystery oil spills within PMV’s waters, while minimizing disruption to port operations.^{Footnote 30}

As per the Letter of Understanding, upon notification of a spill in its waters, Vancouver Fraser Port Authority (VFPA) will assess the size and nature of the spill and collect information that may assist CCG personnel with planning the appropriate strategy.

Stakeholders

A variety of stakeholders also have a role to play in the event of a marine oil spill in the Vancouver Harbour. These organizations, including Vancouver Coastal Health, Oiled Wildlife Society, Vancouver Aquarium, Stanley Park Ecology Society, Canada Shipping Federation, British Columbia Chamber of Shipping.

These stakeholders have numerous responsibilities, including but not limited to ensuring the safety of the public, wildlife, and marine shipping, as well as conducting scientific research on ocean pollution.

World-Class Tanker Safety System

The World-Class Tanker Safety System is a multi-year strategy announced by the federal government in 2012 in support of its plan for Responsible Resource Development. The World-Class Tanker Safety System is an approach to marine safety that falls under three pillars:

• Prevention (aiming to avoid and deter marine spills);
• Preparedness and Response (taking reasonable measures to respond to marine oil spills as quickly and effectively as possible); and
• Liability and Compensation (to ensure that polluters pay and to compensate those impacted by a marine oil spill).

Under the banner of a World-Class Tanker Safety System, the Government of Canada is implementing two key initiatives: Incident Command System and Area Response Planning.

Incident Command System

Incident Command System (ICS) is an incident management methodology used to structure and organize on-scene incident response. Specifically, ICS provides a flexible and scalable command, control and coordination structure that is applicable to incidents of any type, scope and complexity, including environmental response. It allows users to adopt an integrated organizational structure to match the demands of single or multiple incidents, without being hindered by jurisdictional boundaries.

Under the ICS structure, each incident is led by an Incident Commander (IC), and the principal functions are divided into four sections: Operations, Planning, Logistics, and Finance/Administration. The generic ICS structure, below, is scalable and can expand or contract depending on the circumstances of a particular incident.

ICS Structure

The ICS model also provides a supervisory and reporting structure. When assigned to an ICS structure, personnel will report to their ICS supervisor for the period of their assignment. Upon completion of their assignment, they will revert to their normal supervisor and reporting structure.

ICS Principles

Standardization:ÌýICS establishes common terminology and standard processes for planning and managing resources, allowing diverse incident management and support organizations to easily work together within an ICS organization.

Command:ÌýThe IC has overall responsibility for managing the incident and should have the necessary training, experience and expertise to serve in this capacity. It is possible that the IC may not be the highest ranking officer on-scene. Depending on the size and complexity of the incident, the IC may assign staff to specific functions on his/her behalf (e.g. Public Information Officer, Safety Officer, Planning Section Chief, Logistics Section Chief, etc).

An ICS organization may be expanded into a Unified Command (UC) that brings together ICs from key organizations involved in an incident in order to coordinate an effective response, while continuing to carry out their own jurisdictional responsibilities. The UC links the organizations responding to the incident and provides a forum for making consensus decisions. Should consensus not be achieved, the organization with primary jurisdictional authority has the final say.

Planning:ÌýIncident management using ICS is normally accomplished by managing objectives through the development of an Incident Action Plan (IAP). An IAP is a verbal or written plan that outlines general objectives, describes the overall strategy for managing an incident, and identifies operational resources and assignments. IAPs provide supervisory personnel with direction and actions to be implemented during a specified operational period.

Resource Management:ÌýComprehensive resource management within an ICS organization requires processes for categorizing, ordering, dispatching, tracking and recovering resources. This provides an up-to-date picture of Tactical Resources (i.e. personnel and major equipment available to the operational function), and Support Resources (e.g. food, communications equipment, tents, etc.)

Tactical / On-Scene Communications:ÌýA common Communications Plan is needed to ensure that responders can communicate with one another during an incident. Communications equipment, procedures and systems must be interoperable across jurisdictions. Multiple communications networks may be established, depending on the size and complexity of the incident.

ICS in Canada

ICS is currently being used by many different agencies within the broader safety and security community, across a wide range of incident response categories, at the federal, provincial and territorial level.

At the provincial level, various emergency response management systems based on the ICS methodology have been adopted, including within Emergency Management British Columbia, and British Columbia Ministry of the Environment.

The adoption of ICS is also gaining momentum across a number of federal departments, including within Public Safety Canada, Department of Foreign Affairs Trade Development Canada, the Public Health Agency of Canada, Canadian Food Inspection Agency, and Transport Canada.

ICS Implementation within the ÍæÔ˲ʼ´Ê±±È·Ö (CCG)

The CCG is in the process of adopting ICS as its methodology for incident management and is currently in year three of its five-year implementation plan. All five main components of ICS implementation are expected to be completed by the end of fiscal year 2017/18:

• Development of foundational ICS Documentation - (Expected completion by November 2015);
• ICS Training for CCG personnel across Canada - (Appropriate training of 2,800 Department of Fisheries and Oceans/CCG personnel expected by the end of 2017/18);
• Design and construction of a National Situation Centre to support incident management – (Expected completion by end of 2015/16);
• Acquisition of an ICS Information Management System to track and manage response actions – (Expected to be operational by the end of March 2016); and
• An Exercise Program to ensure interoperability with partners, and validate documentation and training – (ICS exercises are expected to occur as planned, in August 2016, fall 2016 and fall 2017).

Area Response Planning

In 2013, the Government of Canada announced the creation of a Tanker Safety Expert Panel which was created to review Canada’s current regime and propose further measures to strengthen it. The Panel’s report was released in December 2013 and contained 45 recommendations. It noted that Canada requires a regime that takes into account variations across regions and adapts to vessel traffic, oil movements, as well as environmental and socio-economic sensitivities.

In response to the Panel’s report, the Government of Canada began a process to pilot Area Response Planning (ARP) in four pilot areas, of which includes Southern British Columbia. Area response plans will be developed in collaboration with all relevant partners, including Response Organizations, First Nations, stakeholders and other government departments. This initiative will consider geography, local risks, environmental sensitivities, and traffic volumes, and will ensure that the appropriate spill clean-up equipment is in place and readily available. The area response plans will have a tailored set of standards and requirements for Response Organizations.

Lessons learned from these four areas will be used to refine the ARP model, and in the future, will allow the Government of Canada to consider options for implementing this spill response planning approach in other locations across Canada.

Currently, Area Response Planning (ARP) is at the communications stage and the next phase, engagement with partners, will follow. The pilot area response plans are anticipated to be completed by 2017.

ANNEX D - Lexicon

AC

Assistant Commissioner

ARP

Area Response Planning

BC

British Columbia

BDZ

Brigadier General Zalinski

CCG

ÍæÔ˲ʼ´Ê±±È·Ö

DFO

Department of Fisheries and Oceans

DGIR

Dangerous Goods Incident Report

DO

Duty Officer

EC

Environment Canada

ECC

Emergency Coordination Centre

EERO

Environmental Emergencies Response Officer

EMBC

Emergency Management British Columbia

EOC

Emergency Operations Centre

ER

Environmental Response

EU

Environmental Unit

FMO

Federal Monitoring Officer

GIS

Geographic Information System

ICP

Incident Command Post

ICS

Incident Command System

IFO

Intermediate Fuel Oil

IT

Information Technology

ITOPF

International Tanker Owners Pollution Federation

JRCC

Joint Rescue Coordination Centre

LOU

Letter of Understanding

MCTS

Marine Communications and Traffic Services

MOE

Ministry of Environment

MOU

Memorandum of Understanding

NASP

National Arial Surveillance Program

NCC

National Coordination Centre

NEEC

National Environmental Emergencies Centre

NHQ

National Headquarters

NINP

National Incident Notification Procedure

NOTSHIP

Notices to Shipping

OSC

On Scene Commander

PIO

Public Information Officer

PMO

Project Management Office

PMV

Port Metro Vancouver

RO

Response Organization

RMIC

Regional Marine Information Centre

RP

Responsible Party

SAR

Search and Rescue

SCAT

Shoreline Cleanup and Assessment Technique

SOPF

Ship-Sourced Oil Pollution Fund

SRO

Senior Response Officer

TSEP

Tanker Safety Expert Panel

TC

Transport Canada

UAV

Unmanned Aerial Vehicle

VFPA

Vancouver Fraser Port Authority

VTS

Vessel Traffic Services

VTZ

Vessel Traffic Zone

WCMRC

Western Canada Marine Response Corporation

ANNEX E -ÌýM/V Marathassa'sÌýMaterial Safety Data sheet

ANNEX F - Port Metro Vancouver and the ÍæÔ˲ʼ´Ê±±È·Ö's Letter of Understanding