Submission

Vessel Pollution in Pacific Canada

Submission ID: SEM-23-007
Party concerned: Canada
Date filed: November 2, 2023
Submission Status: Open

Latest Update: June 14, 2024

The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.

Summary of the matter addressed in the submission:

The submission asserts that Canada is failing to effectively enforce its environmental laws, particularly Section 36(3) of the Fisheries Act, to prevent pollution of the marine environment by cruise ships and other vessels along its Pacific coast.

In submission SEM-23-007 (Vessel Pollution in Pacific Canada), the Submitter asserts that Canada is failing to uphold its obligations to protect the marine environment by allowing the continued operation of open-loop exhaust gas cleaning systems (often called “scrubbers”) that remove pollutants from ships’ exhaust emissions and the continued discharge of wastewater used to clean the systems directly into Canadian waters. The Submitter alleges that these systems capture harmful pollutants, like sulfur dioxides, heavy metals, and polycyclic aromatic hydrocarbons, to comply with international air emission obligations for the shipping sector, and that those pollutants are discharged directly into the water, harming marine and coastal ecosystems. The submission states that these discharges threaten vital ecosystems and endangered species, particularly discharges from cruise ships operating in the sensitive Canadian and transnational waters of the Salish Sea, Kwakwaka’wakw Sea and Great Bear Sea.

Summary of the response provided by the Party:

Canada responds by stating that it has domestic legislation related to the protection of the marine environment that is in line with international standards set by the International Maritime Organization and under the authority of various federal departments including Environment and Climate Change Canada (ECCC), Transport Canada (TC), and Fisheries and Oceans Canada (DFO). The Response provides an overview of each department (ECCC, TC, and DFO), including their mandates and relevant areas of authority.

The Party describes ECCC’s enforcement activities under the Fisheries Act, detailing the department’s efforts to enforce the environmental law provisions raised in the submission over the last 10 years.

The Party describes TC’s enforcement activities under the Shipping Act, including the Vessel Pollution and Dangerous Chemicals Regulations, and explaining its efforts to enforce the provisions raised in the submission over the last 10 years. The Party briefly discusses coordination between ECCC and TC.

The Response also describes various “…private remedies available in Canada to the public, including for individuals, fisherman and victims of pollution.” It concludes with a discussion of Canada’s efforts to monitor and address the potential impacts of increasing scrubber use in recent years.

Names and citations of the environmental laws in question:

The Fisheries Act, the Canada Shipping Act, the International Convention for the Prevention of Pollution from Ships (MARPOL) as well as other international instruments.

Submitter(s):

Stand.earth, Represented by Benjamin Isitt

Submission Timeline

November 2, 2023

The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.

Submission - Submission authored by Submitter(s) on 30/10/2023

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 03/11/2023

Annex - Other document authored by Submitter(s) on 30/10/2023

Annex - Other document authored by Submitter(s) on 30/10/2023

November 3, 2023

The Secretariat requested the Submitter(s) to correct minor errors of form.

November 15, 2023

The Submitters corrected the minor errors of form.

Submission - Submission authored by Submitter(s) on 15/11/2023

Annex - Other document authored by Submitter(s) on 15/11/2023

Annex - Other document authored by Submitter(s) on 15/11/2023

Annex - Other document authored by Submitter(s) on 15/11/2023

December 4, 2023

The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 04/12/2023

January 11, 2024

The Secretariat received additional information and began to analyze it.

Other Documents - Other document authored by Submitter(s) on 10/01/2024

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 11/01/2024

February 12, 2024

The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 12/02/2024

April 12, 2024

Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).

Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Canada on 12/04/2024

June 14, 2024

The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.

Recommendation - Secretariat Notification to Council under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 14/06/2024