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Polar Code aims to protect Arctic waters
New international marine safety and environment rules in force as of Jan. 1

Beth Brown
Northern News Services
Monday, January 9, 2017

NUNAVUT
Ships operating in polar waters are subject to a new set of international regulations, as of Jan. 1. A Polar Code has been put into force by the United Nations marine agency, the International Maritime Organization (IMO).

The code focuses on both safety and environmental regulations needed for Arctic and Antarctic waters.

Regulations are in addition to existing international conventions that govern marine pollution and the safety of life at sea.

Though the code was originally a set of guidelines, an increase in Northern sea traffic prompted IMO to change the code to mandatory, said Tim Keane, manager of Arctic operations at the shipping company Fednav Ltd.

"It's making sure that people and equipment are adequately prepared for the rigours they are going to encounter when they go into the Arctic," said Keane.

The code allows a one-year grace period for enforcing safety provisions for vessels constructed before 2017.

"With the caveat that they have to operate in accordance with the environmental protections identified in the new code," said Keane.

But this is not a concern for current Arctic shippers.

"The environmental protections that are included in the new Polar Code are very similar, almost identical to be honest with you, with what has been the norm in Canada for some time," he said.

Shipping in the Canadian Arctic is regulated by an Arctic Waters Pollution Prevention Act.

"People in Canada such as (Fednav) and Desgagnes and NEAS who have that vast experience of operating in the Arctic have already been doing so safely for all these years so things are not going to change," he said.

"They are going to be enhanced for the people that are going in occasionally, but the people who have been doing it well will continue to do it well."

Keane said vessels will all need a manual that describes the nature of their operations and how that ship is able to comply with the standards of the code. Eventually captains will require an ice certificate.

Transport Canada has not completed the process of harmonizing the Polar Code with Canadian regulation.

"Ideally they happen on the same day so you don't have a mismatch between international regulations and national regulations," said Andrew Dumbrille, Arctic shipping expert for the World Wildlife Fund.

He said while the code will help Canada tighten up some environmental areas, such as the specifics of discharging sewage, there are areas in the code that remain vague.

"There are two or three lines in the code which from a conversation point of view are very positive, but what they mean in practice remains an ongoing question."

He said one example of this is the requirement for mariners to consider marine mammals when planning voyages.

"What does 'take into account' mean? What does 'avoid conflicts with whales' mean?"

Dumbrille said the code does not address banning heavy fuel oil, which is banned already in Antarc- tica, and that IMO should look to establish rules for handling gray water, have the code apply to small fishing vessels and pleasure crafts, and increase indigenous engagement.

"There needs to be a phase two of the Polar Code. We need to learn from the implementation but also strengthen it. Many are seeing 2017 as a trial period."

International Maritime Organization spokesperson Natasha Brown stated that these types of changes are already in talks.

"The Code is a living document which can be updated and revised over time, based on experience gained in its application and implementation. Member states can always propose amendments to the code should there be a justified need."

Transport Canada did not respond to a request for comment before the press deadline.

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