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PART 1

1.1 INTRODUCTION
1.2 TRP EXCLUSIONS AND OVERLAPS
1.3 RATIONALE FOR THE TRP
1.4 STATUS OF THE TRP
1.5 PROPONENT’S PARTICIPATION
1.6 INITIATION OF THE TERMPOL REVIEW PROCESS

1.1 INTRODUCTION  ^

• the specialized equipment and procedures necessary at proposed bulk oil, chemical, liquefied gas terminals and any other cargoes which may be identified by Transport Canada, Marine Safety (TCMS);
• proposed transshipment facilities for these substances; and
• any proposed changes to existing terminals or designated transshipment sites or facilities for these substances.

1.1.3 The intent of the TRP is to ameliorate, where possible, those elements of a proposal which could, in certain circumstances, threaten the integrity of the ship’s hull and its cargo containment system and, consequently, the environment in the vicinity of the design ship while it is navigating in waters under Canadian Jurisdiction. The TRP also applies the same considerations to cargo transfer operations both alongside the proposed terminal and at any designated transshipment site. The TRP applies to operational safety measures intended to address site-specific circumstances and those along the associated navigational route(s).

1.1.4 In conducting a TEMPOL Review, it is necessary that the proponent’s submission demonstrates that:

• the operator’s or owner’s safety management system is in accordance with recognized safe management procedures;
• arrangements are planned to conduct on-going operational audits of the safety and management system;
• major accident hazard in the context of the proposed operation have been identified; and
• the risks therefrom have been evaluated and measures taken to reduce those risks to an acceptable level using the best available technology.

1.2.2 The TRP does not prescribe detailed standards for the siting, design, construction, and operation of marine terminal and transportation systems. Nor does the TRP replace, or necessarily satisfy the requirements of an environmental impact assessment process under the Canadian Environmental Assessment Act (CEAA) or navigation impact assessment under the Navigable Water Protection Act (NWPA). The TRP, however, may contribute to the fulfillment of the first stage of the federal environmental assessment process. Appropriate agencies should be consulted in this regard.

• the potential effects of increased shipping activity on existing regional shipping networks and fishing ground activities;
• the perceived environmental concerns attributable to pollutant cargoes carried by the additional ships;
• perceived risks to communities along the route to the terminal or transshipment site in the case of ships carrying commodities such as, but not limited to, those considered in this document which may pose a concern to public safety or health;
• the navigational safety of the ship route(s) leading to a proposed new, modified, or recommissioned marine terminal or transshipment site;
• the level of services required to facilitate safe navigation such as fixed and floating aids, vessel traffic services, offshore electronic position fixing systems, requirements for pilotage and radiocommunications along the ship route(s);
• the suitability of the design ship;
• the design ship’s manoeuvring characteristics, navigational and radiocommunications equipment, its cargo containment and handling systems in terms of operational safety;
• the adequacy of the design ship’s berth and related terminal service requirements;
• pollution prevention programs; and
• marine contingency planning and related emergency counter-measures.

1.4.2 Any report issued by a TERMPOL Review Committee (TRP) should neither be interpreted as a statement of government policy, nor should it be inferred that the government endorses the report in whole, or in part. The report reflects only the judgments of the departmental representatives who reviewed the proposal and prepared the report. Consequently, the conclusions and recommendations presented in a TERMPOL report are not binding on any department, agency, group or individual. Implementation of any recommendation, however, is the prerogative of applicable departmental executives performing regulatory functions or of the proponent, as appropriate.

1.4.3 Fisheries and Oceans Canada will ensure the safe and environmentally responsible use of Canada’s waters, support understanding and management of oceans resources, facilitate the use of Canadian waters for shipping, recreation and fishing, and provide marine expertise in support of Canada’s domestic and international interests.

Transport Canada Marine Safety is responsible for the administration of national and international laws designed to ensure the safe operation, navigation, design and maintenance of ships, protection of life and property and prevention of ship source pollution.

It must be understood, however, that DFO CCG and TCMS regulatory roles are separate and distinct from their roles in the TRP which is essentially a data and operational review process. The conclusions and recommendations contained in a TERMPOL report do not relieve a proponent from an obligation to fully comply with all applicable legislative and regulatory requirements promulgated, and as amended from time to time, by the various federal and provincial statutes and regulations which apply to shipping safety and to the protection of the environment. These Acts include but are not limited to:

• the Canada Shipping Act;
• the Navigable Waters Protection Act;
• the Arctic Waters Protection Act;
• the Canadian Environmental Protection Act;
• the Canadian Environmental Assessment Act;
• the Transportation of Dangerous Goods Act;
• the Fisheries Act;
• the Oceans Act; and
• the Canada Marine Act.

1.4.5 TCMS publishes and coordinates the TRP. Each participating department involved in the review is individually responsible for its contributions and recommendations within its own particular area of expertise and responsibility.

1.4.6 An integral part of the TRP is to aid in the development of operationally safe marine transportation systems in waters under Canadian jurisdiction.

The CCG administers NWPA. The purpose of the NWPA is to protect the public right of navigation by prohibiting the building or placement of any work in, upon, over, under, through, or across a navigable waterway without the approval of the Minister of Fisheries and Oceans.

• a clear understanding of the review process;
• identifies data available to the proponent from departmental sources; and
• enables the proponent’s representatives to determine the scope and depth of the data required.

(See Figure 1, "Responsibilities of the TERMPOL Review Committee (TRC)")

1.6.4 The TRC and the proponent’s representatives should meet soon after the Committee is convened in order to:

• agree on the scope, and format of the studies and surveys required from the proponent;
• establish administrative lines of communication between the TRC and the proponent’s representatives;
• agree on a schedule of periodic progress meetings with the proponent’s representatives; and
• inform the proponent’s representatives of federal databases and other information resources available to them.

Director General
Marine Safety
Transport Canada
Tower C, Place de Ville
Sparks Street 11^th floor
Ottawa, Ontario
K1A 0N8
Tel.: (613) 998-0610
Fax: (613) 954-1032

Alternatively, if the TRC is based in a Region, the submission could be sent to the Regional Director Transport Canada, Marine Safety.

1.6.7 The proponent’s submission, or submissions, will be treated as "industrially confidential" information if required for the duration of the review. The information will be available to the public only after the release of the TERMPOL Review Report (TRR).

1.6.8 The composition and operation of the TRC is described in greater detail in Part 2 of the TRP. Part 3 of the TRP describes the various surveys and studies which may be required in the TRR.

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