A reminder that this year's regulated period for Asian Gypsy Moth on the west coast of Canada will commence on March 1st and end on September 15, 2014 as per the Canadian Food Inspection Agency's D-95-03 Plant Protection Policy for marine vessels arriving from areas regulated for Asian Gypsy Moth. Vessels are reminded of the requirement to report 96 hours in advance reporting requirements and below is a new notice from CFIA regarding launch requirements during grain and AGM inspections. See the following links below:
The Honourable Lisa Raitt, Minister of Transport, has announced new funding to increase the number of flights to monitor and detect pollution from ships in Canada’s waters.
The National Aerial Surveillance Program (NASP) is one of the main pillars of the Government of Canada’s Pollution Prevention Program and is the government’s primary tool for detecting ship-source pollution.
The Government of Canada is now approximately doubling funding for the program, to $47.6M over the next five years. This funding allows for significantly more flight hours to detect pollution.
On February 15, 2014, proposed eManifest regulatory amendments were published in Part I of the Canada Gazette. These proposed amendments will support:
This pre-publication provides a 30-day period for internal and external stakeholders to comment or pose questions on the proposed regulatory amendments.
When fully implemented, eManifest will require carriers, freight forwarders and importers in all modes of transportation (air, marine, highway and rail) to electronically transmit advance commercial information to the Canada Border Services Agency (CBSA) within prescribed mode-specific time frames.
Canada Border Services Agency has released an updated Memorandum D3-5-2 on Marine Cargo – Import Movements. We will be reviewing the document and clarifying changes in the definitions with CBSA as they pertain particularly to the new bond requirements for in-transit cargo changes and the reporting of Conveyance Arrival Certification Messages.
The Canada Border Services Agency (CBSA) officers seized 244 kg of suspected cocaine at the Port of Montréal. The narcotics were found on January 30, hidden in a container on a ship coming from Paraguay. Acting on information received by international authorities, the CBSA conducted exhaustive research that led to the container’s identification. The declared goods were scrap metal. However, an X-ray inspection using mobile HCV-M detection technology showed the presence of a dense mass at the back of the container. When the contents were searched, border services officers discovered 16 metal boxes holding 244 kg of suspected cocaine.
British Columbia has filed an application to be an intervenor in the National Energy Board’s review of Kinder Morgan’s Trans Mountain Expansion project. The Government reiterated its five key requirements that must be met before the Province will consider support of any heavy oil pipeline are:
The Government of Canada has released its first Scorecard Report outlining the substantial progress made in cutting red tape for Canadian business, under the Red Tape Reduction Action Plan.
Canada Border Services Agency has issued Customs Notice 14-002 to advise that the requirement for the electronic notification of cargo arrival at sufferance warehouses under an amendment to the Customs Sufferance Warehouses Regulations will not be mandatory in fall 2013 as previously communicated in Customs Notice 13-018. Updates regarding the status of the regulatory process will be made public through the CBSA Web site when available.
Changes to Canada Border Services Agency’s D-Memo 19-2-1 have been made to accurately reflect Canada Border Services Agency’s (CBSA) role in assisting the Canadian Nuclear Safety Commission (CNSC) to administer the Nuclear Safety and Control Act and Regulations. This memorandum replaces the previous Memorandum D19-2-1, Atomic Energy Control Act and Regulations, dated April 6, 1994.
Amendments to the Pacific Pilotage Tariff Regulations have now been published in Canada Gazette Part 1 – January 25, 2014. The amendments address adjustments for 2014, 2015 and 2016 and include the following:
On March 18, 2013, the Government of Canada announced the formation of a Panel to conduct a pan-Canadian review and assessment of Canada’s regulated ship-source oil spill preparedness and response regime, as it pertains to oil handling facilities and ship-source spills. The Panel is now ready to focus their work on Phase II of their review. Phase II will encompass a national examination of the requirements for a hazardous and noxious substances framework, including liquefied natural gas as well as a review of the requirements for oil spill preparedness and response in the Arctic.
The Panel would like to invite stakeholders, interested groups and Canadians across the country to provide input. Lines of Inquiry have been posted on the Panel’s web site to support the work for Phase II. Interested parties are encouraged to provide a written submission, via e-mail or mail, to the Panel. Submissions on HNS will be received until March 28, 2014 and submissions on the Arctic will be received until May 16th, 2014. A link is provided to the Consultation Guidance section which will help interested parties provide input on key issues.
The Tanker Safety Expert Panel welcome’s your submission.
Canada Border Services Agency has released its first edition of the Advance Commercial Information (ACI) newsletter from the policy group. The attached newsletter contains several answers to several frequently asked questions on the Conveyance Arrival Certification Message and other key changes affecting the advance reporting of goods and conveyance.
As previously advised through Canada Border Services Agency’s Customs Notice 13-020 – Marine Mode Carrier Codes – Transition Period Extension, marine agent carrier codes are set to expire now on January 30, 2014. This date is expected to remain unchanged, however we understand that CBSA will continue to work with agents to ensure that the applications are submitted and processed in a timely manner.
Please note that the following points have been clarified this week:
Further information on carrier code eligibility as it pertains to single agents is expected to be released next week.
Following on yet another train derailment, this time in Plaster Rock, New Brunswick, the Honourable Lisa Raitt, Minister of Transport, announced proposed regulatory amendments to further improve the safety of the transportation of dangerous goods by rail. These amendments are published in the Canada Gazette, Part I, on January 11, 2014.
The proposed regulations will introduce new standards for certain rail tank cars, replacing existing standards referenced in the Transportation of Dangerous Goods Regulations. For example, it will require that new DOT 111 tank cars be built with thicker steel requirements, as well as adding top fitting and head shield protection to the tank car. DOT 111 tank cars are used for transporting dangerous goods of high and medium danger, such as crude oil.
On January 1, California set a leading edge in being the first jurisdiction in the world to require that container ships begin using shore power while at berth. The new “Vessels at Berth Regulations” will be phased in over the next six years with 50% of every container carrier’s fleet calling in California now being required to hook up to shore power, increasing to 70% on January 1, 2017, and 80% on Jan. 1, 2020. However, in showing some much needed pragmatism for a change, on Dec. 23, 2013 CARB issued an advisory that the “commissioning” of vessels could continue through June 30, 2014. At the same time, the allowable sulphur limit for both gas and diesel oil being burned in California’s waters was reduced to 0.1%, one year in advance of ECA regulations requiring same.
Unrelated to the above, vessels calling at California ports will also soon face new rules to curb bio-fouling. Draft regulations from the California State Land Commission are being prepared for implementation on January 1, 2015. The new rules which stipulate that a hull must have less than 5% bio-fouling or in a niche area less than 10%, have the same aim as ballast water regulations in so much as they seek to curb the spread of invasive aquatic species by specifying the percentage of biofouling permitted on the underwater parts of the ship’s hull. Niche areas are the sea chest and gratings, bow and stern thruster and gratings, fin stabilizers and recesses, propeller shaft, propeller and rudders. As is the case with ballast water rules, the bio-fouling rules will require presentation of a specific bio-fouling management plan and record book, listing dockings and cleaning activity. Australia and New Zealand have both played a role in crafting the regulations since they too are intent on adopting something similar and are believed to be preparing a case for IMO consideration.