BC Shipping News - June 2019

History Lesson: One thousand years of shipping innovation

Ice Navigation: Nautical Institute Ice Navigator

Mari-Tech 2019 Recap: A firing-on-all-cylinders conference

Commercial Marine News for Canada’s West Coast.

BC SHIPPING Volume 9 Issue 5

www.bcshippingnews.ca

NEWS June 2019

B.C. Terminals Update Increasing efficiencies a key focus for terminals

Industry Insight

Dr. Kate Moran

Oceans Network Canada

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CONTENTS June 2019 Volume 9 Issue 5

Cover Story

41 TECHNOLOGY

Spill response Oil recovery rate determines overall success

9 10 14

EDITOR’S NOTE

By Jane McIvor

20

IN BRIEF

Industry traffic, news briefs and letters to the editor

One thousand years of shipping innovation

By David R. Leverton

22 TERMINALS

B.C. terminal activity update — Part 1 Increasing efficiencies a key focus for terminals

INDUSTRY INSIGHT

Mitigate, adapt, or suffer Dr. Kate Moran, President & CEO, Ocean Networks Canada Much of Dr. Moran's work will have wide-ranging policy applications in the areas of ocean and climate change ... port security and shipping, resource development ... and ocean management

HISTORY LESSON

22

33

SUSTAINABLE SHIPPING

Shipping's environmental regulatory outlook

By Darryl Anderson

27 ENVIRONMENT

ShoreZone coastal imaging and habitat mapping

By Sarah Cook, M.Sc., R.P.Bio

39

CLEAN PACIFIC

CLEAN PACIFIC adds communication track to agenda

42

44 46 50

GREEN MARINE

This year's conferece is set for Cleveland as the city fetes its sustainable rejuvenation

By Manon Lanthier

ICE NAVIGATION

Nautical Institute Ice Navigator

By Captain David (Duke) Snider

MARI-TECH 2019

A firing-on-all-cylinders marine technical conference for Canada

By Jeffrey Smith

LEGAL AFFAIRS

Ship-source pollution Civil and criminal liability — the two streams

By Peter Swanson

50

14

On the cover: Fairview Terminal, Prince Rupert (photo: Lonnie Wishart - www.lonniewishart.com); above: Duke Point, Nanaimo (photo: courtesy Port of Nanaimo); right: M/V Marathassa (photo source: SOPF); left: Dr. Kate Moran (photo: Ocean Networks Canada, a University of Victoria initiative) June 2019 — BC Shipping News — 7

June 2019 Volume 9/Issue 5

SYLTE SHIPYARD LTD.

Publisher McIvor Communications Inc. President & Editor Jane McIvor

Darryl Anderson Sarah Cook Brad Eshleman David R. Leverton Jane McIvor Andre Olivier Jeffrey Smith Kim Stegeman Louanne Wong

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PH. (604)465-5525 FAX: (604)465-3060 EMAIL: sylte@telus.net

Contributors

Ron Brinkhurst Lisa Dooling Manon Lanthier Maksim Mihic Dr. Kate Moran Jeff Scott David (Duke) Snider Peter Swanson

Editorial Assistant Amanda Schuldt Advertising and Subscriptions Phone: 604-893-8800 Jane McIvor (jane@bcshippingnews.ca) Advertising only: Lesley McIvor (lesleymcivor@shaw.ca) Louise Kawaler (louisek@telus.net) ANNUAL SUBSCRIPTION

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Contents copyrighted 2019 McIvor Communications Inc. 300 - 1275 West 6th Avenue, Vancouver, British Columbia Canada V6H 1A6 Phone: 604-893-8800 E-mail: jane@bcshippingnews.ca International Standard Serial Number ISSN: 1925-4865 / Published 10 times per year.

The opinions expressed by contributing writers are not necessarily those of the Publisher. No part of this magazine may be reproduced in any form without written permission of the publisher.

Proud member of:

International Sailor’s Society Canada 8 — BC Shipping News — June 2019

EDITOR’S NOTE

Photo: Dave Roels

A happy coincidence

I

’ve wanted to do an interview with Dr. Kate Moran, President & CEO, Ocean Networks Canada and the subject of this month’s Industry Insight, for a long time. Finally, the opportunity seemed perfect given this issue’s distribution at GreenTech and Clean Pacific. Dr. Moran’s knowledge of our oceans, climate change and the overall environment is extensive to say the least. The one thing that impresses me most is her avoidance of blame — the world is as it is because of nobody and everybody. Doesn’t matter. Dr. Moran wants to move past blame to get to the solutions.

And we are. The rest of the articles in this issue (here’s the happy coincidence part) — including our main B.C. Terminal Activity

Update — confirm that the maritime industry is making great strides in finding innovative and ground-breaking technological advances to mitigate our impact on the environment.

Each terminal operator interviewed for this update has either made changes or is making changes to provide for better efficiencies to meet growing demand. In doing so, we are seeing a clear benefit to the environment.

Equipment is being modernized (in many cases, switched to electric rather than diesel); terminal access is being redesigned to allow for better flow, thereby reducing truck emissions; LED lighting has replaced traditional, inefficient lighting; and many other initiatives that, taken in their totality, mean the

terminals in British Columbia are now some of the greenest in the world.

Another happy coincidence: Two significant events took place over the past month — first, the UN released a scary report that warned the world was at risk of losing over one million species due to climate change; second, major maritime associations in B.C., along with the Federal Government, signed a conservation agreement to protect Southern Resident killer whales.

So, we’re moving in the right direction.

And while some worry that we’re not moving fast enough, Dr. Moran thinks we’ll be okay. I for one, was grateful to hear she was optimistic.

— Jane McIvor

DELIVERING ECONOMIC GROWTH

35

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By rail, by truck, and by vessel--the economic impact of the Port of Prince Rupert continues to grow, supporting families and businesses across Northern British Columbia. As we continue to connect Canadian industries with overseas markets, the benefits of this trade will continue to strengthen our communities.

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INDUSTRY TRAFFIC Lasqueti responds to Captain Monteiro’s pipeline proposal Dear Ms. McIvor, The op-ed published in the May 2019 issue of BC Shipping News,

by Mr. Monteiro, proposes that the Trans Mountain pipeline could be extended to Lasqueti Island.

I am the current Regional Director for Lasqueti Island.

I realize that the Lasqueti location was just an example of the author’s opinion about a way out of the “impasse" regarding Trans Mountain Pipeline. I am an advocate of free speech, and I would not have a concern about publishing an opinion that the proposed pipeline terminus be located elsewhere in general.

However, proposing a “Lasqueti Oil Terminal” as the terminus of Trans Mountain Pipeline and publishing a map that shows a specific site on Lasqueti, without any knowledge by Lasqueti Island residents, including the people living right at the proposed terminal location, is improper and undermines credibility: • Do realize that Lasqueti Island is well occupied, especially along the shoreline?

• Are you aware that Lasqueti is part of the Islands Trust, who provide governance over land-use and are officially opposed to the Trans Mountain Pipeline project?

• Have the 16 First Nations that include Lasqueti Island in their traditional territories been contacted about this proposal?

• Do you realize that the example location is in a federal Rock Fish Conservation Area?

Given the above, the example site seems untenable (which raises questions about why the author included such precision).

Nonetheless, Lasqueti is a small island, and such a project would have very negative impacts on people’s lives and property values. So even as an example, the reference to a “Lasqueti Oil Terminal” and the map in the article will be perceived as threatening to residents.

As the Regional Director for Lasqueti, people contact me, and the comments I have received so far indicate that it was not well received.

I hope that BC Shipping News will refrain in the future from publishing the location of peoples’ homes as an exemplary site for any proposed major infrastructure or industry without any consultation. This would avoid raising unnecessary concerns by residents, and help maintain the integrity by your publication. I realize the views of authors are not necessarily the views of the publication, but the publication is responsible for irresponsible content.

Sincerely, Andrew Fall Lasqueti Regional Director qathet Regional District

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LETTER TO THE EDITOR

Safety at sea discussion continues Dear Jane, A few issues ago, you mentioned a book “One Ordinary Seaman.” It caught my interest, as did the editor’s note in the March issue. I bought the book and read it.

It’s not great literature but it is an engaging tale and resonated with me because I started sailing at about the same time period as the book.

Some thoughts for you: You owe no one any apologies for what you wrote in the February Editor’s Note, Malcolm Armstrong’s letterto the contrary notwithstanding. My experience was so parallel to Gary Karlsen's that it is eerie. I’m pleased for Mr. Armstrong if he worked solely for companies who put safety at the forefront of their operations, but I respectfully suggest that those companies were very much in the minority.

I sailed, and also worked in large shipyards intermittently in that same “Karlsen” era. Both on ships and in shipyards, the safety perspective was “Look out for yourself, and then for your mates, in all

directions.” Safety regulations were few and far between.

One of the attributes of gaining wisdom (aka, getting older) is that you get to look farther back than some around you in the evolutionary history of topics such as “safety.” I am of the opinion that the current plethora of safety regs began to get traction only when the cost of settling with the survivors or relatives of an accident began to exceed the cost of trying to demonstrate that accident was the fault of the injured or deceased person.

At that point, “safety” was taken over by the lawyers, and the current mantra that “more regulations will make us safer” took hold.

Segue: When I was a Transport Canada Inspector, one of the operating perspectives we had was that “No amount of regulations will ever outwit human stupidity.” That cliche was validated on almost a daily basis.

The last paragraph in your March Editor’s Note catches what I believe is the core issue — personal attitude. Good for you! One of the side-effects of excessive regulation-writing in probably most fields

is that people stop thinking, they focus on meeting the requirements, not the situation.

In case you hadn’t noticed, I can get quite wound-up on this topic! I sincerely offer you my thanks for how you captured the essence of the situation in your Editor’s Note. I hope that some people in positions of authority read it and take note.

I take safety seriously. But I don’t take seriously some of the practices that deskbound lawyers with no practical experience impose on skilled, experienced and knowledgeable tradesman in the name of protecting their company’s assets.

One caveat: The complexity of some projects is such that there is a very real purpose to having decent protocols in place to keep people from inadvertently killing or injuring other people inadvertently. That’s a reality of contemporary engineering life.

So I hope that this note reassures you that you are articulating well some basic truths, as least as I see them.

Bill Wallace Malahat

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NEWS BRIEFS

BC Ferries’ cable ferry surpasses 30,000-sailings mark

T

he Baynes Sound Connector recently marked its third year of service on the Buckley Bay (Vancouver Island) – Denman Island route, achieving savings of more than 415,000 litres of fuel compared with the traditional vessel that previously serviced the route since going into service in February 2016.

The smaller power requirements of a cable ferry mean BC Ferries can reduce fuel consumption, leading to a reduction in greenhouse gas emissions of approximately 50 per cent. With no propellers and twice the fuel efficiency as conventional ferries, a cable ferry is a very sustainable option for marine transportation. In addition, with no propellers it’s an exceptionally quiet ship both above and below the waterline.

“The Baynes Sound Connector has met and exceeded our expectations,” says Corrine Storey, BC Ferries’ Vice President and Chief Operating Officer. “The ship has the ability to make more trips at peak times when demand is high and its on-time performance was 97.8 per cent last year. While cable ferry technology is over 100 years old, it’s the perfect application to reduce our carbon footprint for this particular route.”

Upcoming events Visit www.bcshippingnews.ca for more information.

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Cleveland, OH (June 5 to 7, 2019)

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The cable ferry provides the same level of safe and reliable service that Denman and Hornby Island customers expect, while providing a more sustainable service and realizing substantial cost savings over the 40-year life of the vessel.

Reducing its environmental footprint through continued investment is a top priority for BC Ferries. Its Clean Technology Adoption Plan is leading the company in its efforts to bring sustainable and cleaner operations to the coastal ferry system.

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NEWS BRIEFS

Marine industry and government sign five-year commitment to continue voluntary measures

T

he marine transportation industry entered into a conservation agreement with the Government of Canada to support ongoing recovery efforts for the Southern Resident killer whale population that frequents the B.C. coast.

There are nine signatories to the agreement, including the Vancouver Fraser Port Authority, the Chamber of Shipping of British Columbia, the Shipping Federation of Canada, Cruise Lines International Association, the Council of Marine Carriers, the International Ship Owners Alliance of Canada, the Pacific Pilotage Authority, Transport Canada and Fisheries and Oceans Canada.

It is the first conservation agreement for marine aquatic species under Section 11 of the Government of Canada’s Species at Risk Act, the goal of the agreement is to reduce the acoustic and physical disturbance to Southern Resident killer whales

from large commercial ships and tugs that operate in killer whale critical habitat.

More specifically, the agreement confirms the continuation of existing voluntary efforts and the commitment to develop and implement new voluntary threat reduction measures to support the recovery of the Southern Resident killer whale population by formalizing the participation of all parties in the Vancouver Fraser Port Authorityled Enhancing Cetacean Habitat and Observation (ECHO) Program.

The ECHO Program is a collaborative research initiative aimed at better understanding and reducing the cumulative effects of marine shipping on at-risk whales along the southern coast of British Columbia. Over the past two years, the ECHO Program has successfully coordinated large-scale voluntary ship slowdown initiatives along the B.C. coast involving the support and participation of many marine transportation organizations, government agencies and other partners.

With the conservation agreement, the parties have committed to work collaboratively towards the development, implementation, monitoring, assessment and adaptation of voluntary threat reduction measures. The agreement also formalizes the role of the ECHO Program in advancing research and educational outreach to better understand and reduce the impact of marine shipping activities on Southern Resident killer whales.

Marine shipping activities in British Columbia play a vital economic role by connecting Canadians with the global marketplace, affecting the well-being of communities and businesses across the country.

The signing of the conservation agreement begins a five-year commitment by government and industry to reduce threats from marine shipping to the Southern Resident killer whales, while at the same time ensuring the ongoing competitiveness of Canada’s marine trade network.

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INDUSTRY INSIGHT

Mitigate, adapt, or suffer Dr. Kate Moran

President & CEO, Ocean Networks Canada

Photo: Ocean Networks Canada, a University of Victoria initiative

D

r. Kate Moran, President & CEO, Ocean Networks Canada (ONC), has spent her entire career focused on the oceans. To call her an expert on issues like climate change or the impact of a carbon-based economy on the world’s seas would be an understatement. While recognizing that there is no silver bullet in moving from fossil fuels toward alternative energies and negative emission technologies, Dr. Moran is an optimist. “We have a choice,” she says, quoting a common saying in the science community: “Mitigate, adapt, or suffer.” Lucky for us, the research being done under Dr. Moran’s direction is providing a foundation for a path forward to a more sustainable shipping industry.

BCSN: Kate, could you provide some background on your career and the skills and strengths you’ve developed that make you successful in your current role?

KM: I’m trained as an ocean engineer but my whole career has been within the realm of science and engineering. I initially started out with the Government of Canada after my Master’s degree and worked mainly to assess risks related to offshore oil & gas production in the Arctic/Beaufort Sea and Atlantic.

I completed my PhD while working for the government and then started work on the Ocean Drilling Program — an international collaborative initiative to conduct basic research into the history of the ocean basins and the overall nature of the crust beneath the ocean floor using the drill ship JOIDES Resolution. That’s where I really 14 — BC Shipping News — June 2019

Lucky for us, the research being done under Dr. Moran’s direction is providing a foundation for a path forward to a more sustainable shipping industry. started applying engineering to science. I ultimately became the Director of the program and that provided me with the experience to manage large programs, especially from a science perspective and the delivery of results.

Following that, I entered the academia world and became a faculty member in Engineering and Oceanography at the University of Rhode Island. While there, I co-led the first scientific drilling expedition to the central Arctic Ocean as well as an expedition that followed up on the 2004 earthquake/tsunami in the Indian Ocean to understand why the waves were so much bigger than forecasted.

Before coming to the University of Victoria, I was involved in policy work for President Obama related to the Deepwater Horizon event. I learned a great deal about industry’s good and bad sides — for example, while some decisions are shareholder driven, the technology deployed by BP was pretty remarkable.

In 2011, I was asked to interview for the Director position for NEPTUNE Canada, one of the two observatories that was merged into Ocean Networks Canada (the other was VENUS). I had never focused on ocean observations before but nonetheless was intrigued by the position. I was brought

in to merge the two under ONC which has worked out really well.

BCSN: That’s a good segue to ask about the work of ONC. KM: ONC, a University of Victoria initiative, monitors the west and east coasts of Canada and the Arctic to continuously deliver data in real time for scientific research that helps communities, governments and industry make informed decisions about our future.

Using cabled observatories, remote control systems and interactive sensors as well as big data management, ONC enables evidencebased decision-making on ocean management, disaster mitigation and environmental protection.

The 800-kilometre NEPTUNE observatory and the nearly 50-kilometre VENUS coastal observatory — which together make up ONC’s northeast Pacific offshore and inshore observatories — stream live data from instruments at key sites off B.C. via the Internet to scientists, policy-makers, educators and the public around the world.

Long-term observations by ONC will have wide-ranging policy applications in the areas of ocean and climate change, earthquakes and tsunamis, pollution, port security and shipping, resource development, sovereignty and security, and ocean management.

INDUSTRY INSIGHT Photo: Ocean Networks Canada, a University of Victoria initiative

The VENUS coastal observatory is giving us a better understanding of vital water ways such as the Strait of Georgia and Fraser River delta. VENUS has extended its seafloor network, coastal radar and surface systems, including instrumentation on BC Ferries' vessels. The new data provides information for marine safety, search and rescue, and oil spill response.

Part of our mandate is to build partnerships with academia, governments and industry across Canada and around the world. We support marine sector companies in gaining entry points to new markets worldwide and we leverage the technology and expertise of VENUS and NEPTUNE in the development of new products and services for the global ocean observing industry.

BCSN: Tell me about Oceans 2.0.

KM: Oceans 2.0 is a robust software and data management system that collects, processes, analyzes and archives huge volumes of data. We gather continuous real-time data from the seabed through fibre-optic cable from underwater sensors to the shore station before sending it on to the main servers at the University of Victoria. The data can then be accessed by scientists, governments, communities or even the public — anyone around the world can access it for free.

In addition to data delivery and data products, Oceans 2.0 also hosts products that are important for public safety, for example, early earthquake warnings. The National Oceanic and Atmosphere Administration (NOAA) in the U.S. also use the system for video feeds on board the Okeanos Explorer and livestreams while at sea and they can connect with scientists around the world via telecommunications who have the expertise to explain what’s being seen.

BCSN: Do you have any plans to commercialize some of the applications? At present, what are your main sources of funding?

KM: Because we were previously funded as a Centre of Excellence for Commercialization and Research, it was within our mandate to help industry so we weren’t charging, if say, for example, we were asked to fence off data for temporary periods of time for Canadian companies to develop new products. We would provide them exclusive access to certain data sets to help them get to market faster.

While we are still primarily a science organization and receive about 60 per cent of our funding from the Federal

The remotely operated vehicle Hercules is deployed from the deck of the Ocean Exploration Trust’s EV Nautilus – just one example of the advanced marine technology used by ONC to observe the state of the ocean.

Steven Mo, Vice-President (steven.mo@td.com) Andrew Kostiw, Director (andrew.kostiw@td.com)

June 2019 — BC Shipping News — 15

INDUSTRY INSIGHT It’s important to note that one of the main functions of ONC — i.e., to observe and collect data — is critical in deciding policy and regulations for shipping. For example ... the Port of Vancouver on their ECHO program...

Government, we are pursuing commercial agreements for data products. For example, our earthquake early warning system was just installed for the Province of B.C. and in the future, we’ll be offering that system to major infrastructure operators like ports, airports or public utilities to provide them with an alert that will allow them to respond by shutting down valves, stopping cranes, or getting people to safety.

Another area that has been growing significantly is work with Indigenous coastal communities to help them observe different aspects of the ocean. Right now, we have a proposal being considered by Transport Canada that would see us work with seven communities across the country to integrate their own observations into their platform for marine domain awareness. They

decide what they want to monitor and we provide the data and tools. We also couple that activity with education — we hire Indigenous youth science ambassadors in the community who are then trained to be able to collect and understand the data for their own communities.

BCSN: I’ d like to focus now on the state of the oceans and the ways you’re working with industry to help in developing more sustainable practices.

KM: The biggest problem for the health of the oceans is acidification. The ocean absorbs about one third of the carbon dioxide burned by using fossil fuels. While that absorption is helping to reduce CO2 in the air, it creates a chemical reaction in the ocean that generates carbonic acid. When the ocean is more acidic, the base of the

food web — i.e., carbonate-shelled animals — is threatened and that’s a big concern.

The solution is to stop using fossil fuels.

We’re on track to significantly reduce fossil fuel use and at this point, that’s probably the biggest thing we can do.

It’s important to note that one of the main functions of ONC — i.e., to observe and collect data — is critical in deciding policy and regulations for shipping. For example, as part of work with the Port of Vancouver on their ECHO program, we’ve been working with a Canadian company called JASCO Applied Sciences who have developed some of the best hydrophone systems and data analyses in the world. JASCO takes the AIS data that we capture from our receivers and those of the Coast Guard and are able to categorize and match the different types of vessels with specific noise profiles in real-time. That information helps decision-makers know whether the voluntary measures are working or whether regulatory measures should be considered.

Canada is leading the world in addressing underwater noise issues. Both the leadership of the Port and the participation of industry

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SAVE THE DATE! www.flyingangel.ca 16 — BC Shipping News — June 2019

INDUSTRY INSIGHT in implementing a slowdown trial are being recognized around the world. Now we have the technology and monitoring capabilities to see if it’s working.

In addition to the ECHO program, we continue to work with industry on a diverse array of projects. For example, we’ve had surface ocean sensors mounted on BC Ferries' vessels for the past seven years.

Measurements are used to monitor aspects of the sea like temperature changes, salinity, oxygen, nutrients, turbidity (especially with the freshet impact) to allow us to understand the state of local waters. We also have data that captures the solar intake and the colour of the surface ocean which is used to help calibrate satellite data.

All of these basic parameters are important ocean environmental variables and the longer you capture the data, the more valuable that data becomes. We’re trying to understand natural variability versus climate change variability. The West Coast of Canada is a complex part of the ocean because we have upwelling from the deep ocean which is naturally acidic and naturally low in oxygen. For example, we recently

One particular issue that is being ignored throughout the industry is the oil-filled shafts on ships. The amount of oil that gets spilled into the ocean by dribs and drabs is equivalent to an Exxon Valdez spill every year. installed a small observatory in Burrard Inlet last month for the Tsleil-Waututh First Nation to monitor oxygen levels and other ocean water properties that can not only help them to make decisions about recovering their traditional ocean food supply, but also help them determine whether the changes are tied to climate change or industrial or coastal development. Unless you have long-term observation, you can’t tell which it is.

BCSN: What do you see as the most pressing issues for the industry?

KM: The industry is moving toward becoming more efficient — reducing emissions and noise as well as practices like cleaner hulls. Bigger vessels help — they’re more efficient, use less fuel and bring more cargo at once. One particular issue that is

being ignored throughout the industry is the oil-filled shafts on ships. The amount of oil that gets spilled into the ocean by dribs and drabs is equivalent to an Exxon Valdez spill every year. So we need to encourage industry to move in the direction of biolubricants, especially in areas where there’s a concentration of vessels.

BCSN: You’ve been involved in Clear Seas Centre for Responsible Marine Shipping since it was established in 2014. Is it achieving its goals?

KM: I believe so. The three main goals for Clear Seas are to research, engage and inform, and I think it has been successful in meeting that mandate. It’s an inclusive way to initiate and interpret research, analyze policies, identify best practices, share information and facilitate dialogue. We

Since 1903, the voice of owners, operators and agents of ocean ships that help keep Canada’s economy moving.

www.shipfed.ca 2300 - 1066 West Hastings Street, Vancouver (778-373-1518) 300 St. Sacrement Street, Suite 326, Montreal (877-534-7367) June 2019 — BC Shipping News — 17

INDUSTRY INSIGHT have commissioned a number of studies that provide foundational information for the shipping industry, including research into understanding the value of commercial marine shipping as well as the risks. It has also been tracking Canadians’ attitudes towards marine shipping.

In addition to this, the Clear Seas team engages with experts to pull together information of public interest. By compiling the best research in the field and making it accessible in one spot, they are furthering the ability of stakeholders and the general public to gain a clear understanding of the issues.

BCSN: The United Nations recently released a report that indicates species loss is accelerating tens or hundreds of times faster than in the past and that more than a million species of plants and animals are in danger of going extinct within decades. Are we moving fast enough to be able to correct course in time?

KM: I’m optimistic that we will. There have been extreme events in the past that have resulted in mass extinctions based on the natural release of CO2 and life continued. The big difference now is that we’re here — those events happened when man was not present. We’re going to have to adapt if we want to preserve our way of life. For the shipping industry, that means moving toward alternative non-carbon energies like hydrogen or electrification as quickly as possible.

BCSN: What sort of timeframe are we looking at for this shift to happen?

KM: Within the next 10 years, we need to get to half of our emissions and we need to be at zero emissions by 2050. There is supporting research for this.

Further to getting to zero emissions, we are working on negative emissions technologies. For example, ONC has partnered with Carbon Engineering, a local company in Squamish that has a $64-million capital investment to advance capturing CO2 from the atmosphere. Right now, their business model is to take the CO2 out of the atmosphere and turn it into fuel — in essence, they’re closing the loop so emissions are at net zero.

Building on that, we have a proposal to permanently capture the CO2 and make it inert. We’ve learned that injecting CO2 into basalt will turn the basalt into rock. Ninety-nine per cent of basalt is in the ocean, so we’ve proposed to develop large platforms, powered with renewables, and positioned over large reservoirs of basalt which would suck the CO2 out of the atmosphere and pump it into the sea floor. It’s a big idea — it will take a long time but the technology currently exists. We think that we could have a demonstration completed within the next 10 years.

That’s why I’m optimistic — technologies are being developed but it will take time. It’s important to note that the state of today’s oceans is nobody’s fault and everybody’s fault, so let’s bring all the players together to figure it out.

BCSN: What about the economic costs associated with moving away from a carbon-based economy?

KM: It will cost much less than what’s going to happen if we don’t do it. There’s a saying within the science community when it comes to climate change: we have three choices — mitigate, adapt, or suffer. There is already enough CO2 in the atmosphere that things will continue to get worse for some time to come. Storms will get more extreme and more frequent. We still have a long way to go in addressing what we’ve already put into the atmosphere but we’re not a stupid species — it’s just that our priorities are misdirected. BCSN 18 — BC Shipping News — June 2019

About Kate Moran

D

r. Kathryn (Kate) Moran joined the University of Victoria in September 2011 as a Professor in the Faculty of Science and as Director of NEPTUNE Canada. In July, 2012, she was promoted to the position of President and CEO, Ocean Networks Canada. Her previous appointment was Professor at the University of Rhode Island with a joint appointment in the Graduate School of Oceanography and the Department of Ocean Engineering.

She also served as the Graduate School of Oceanography’s Associate Dean, Research and Administration. From 2009 to 2011, Moran was seconded to the White House Office of Science and Technology Policy where she served as an Assistant Director and focused on Arctic, polar, ocean, the Deepwater Horizon oil spill, and climate policy issues.

Moran holds degrees from the University of Pittsburgh, the University of Rhode Island and Dalhousie University. Her research focuses on marine geotechnics and its application to the study of paleoceanography, tectonics and seafloor stability.

She has authored more than 45 publications.

About Ocean Networks Canada

T

he University of Victoria’s Ocean Networks Canada monitors the west and east coasts of Canada and the Arctic to continuously deliver data in real-time for scientific research that helps communities, governments and industry make informed decisions about our future. Using cabled observatories, remote control systems and interactive sensors, and big data management ONC enables evidence-based decision-making on ocean management, disaster mitigation, and environmental protection.

The observatories provide unique scientific and technical capabilities that permit researchers to operate instruments remotely and receive data at their home laboratories anywhere on the globe in real time. Data is collected on physical, chemical, biological, and geological aspects of the ocean over long time periods, supporting research on complex Earth processes in ways not previously possible. These facilities extend and complement other research platforms and programs, whether currently operating or planned for future deployment.

For more information: www.oceannetworks.ca.

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HISTORY LESSON

One thousand years of shipping innovation

By David R. Leverton Executive Director, Maritime Museum of British Columbia

T

he shipping industry along our coastline has evolved over the centuries thanks to ingenious inventions such as the paddle, that enabled ancient mariners from no longer needing to pole their way along shallow inland waterways with rafts, to eventually being able to travel in deeper waters offshore through the invention of the dugout canoe. With the invention of the sail, human paddlers were replaced with the power of the wind, allowing for the transport of heavier loads over ever-greater distances and resulting in the eventual arrival of European explorers and settlers to our shores.

The underlying theme throughout the last thousand years has been the constant innovation and redesign of ships that have allowed for greater amounts of trade and commerce around the world. By the early 11th century, ancient mariners had introduced a straight sternpost that enabled the invention of the ship’s rudder, greatly enhancing the maneuverability of the vessel. To reduce the risk of water damage from ocean waves, early ships stored their cargo in large gallon barrels called tuns and the crew slept on large leather

The underlying theme throughout the last thousand years has been the constant innovation and redesign of ships that have allowed for greater amounts of trade and commerce around the world. bags on the decks; and the passenger space was referred to as “steerage” — a term still used today to describe limited accommodations onboard a ship. By the 13th century, larger loads were shipped on cogs that could carry up to 140 tuns (the equivalent of 140 wine barrels). They had a shallow draft of approximately three metres and could carry a crew of up to 28 sailors.

The caravel and carrack were the next major shipping innovations that occurred in the 14th and 15th centuries, bringing three and four-mast ocean-going sailing ships that were the first to use a full skeletal ship design based on planking framed on ribs the entire way to the keel. The caravel was much smaller in size, had a much shallower

draft for exploring uncharted waters and was capable of carrying supplies for up to a year. The carrack eventually became the ‘bulk carrier’ of that time period, capable of carrying both large quantities of cargo and troops to distant shores. The Italian explorer Christopher Columbus used two caravels, the Nina and Pinta, with a larger carrack, the Santa Maria, as his flagship for his maiden voyage to North America in 1492.

The larger carrack design was eventually replaced by the galleon design in the early 16th century. It was composed mainly of square-rigged sails and the vessels were up

Christopher Columbus' Nina, Pinta (caravel design) and Santa Maria (carrack design) — popular ships in the 14th and 15th centuries.

20 — BC Shipping News — June 2019

MARITIME MUSEUM OF BC to three decks high. The galleons were elongated for greater stability and the forecastle was lowered which created less wind resistance and helped increase the overall speed of the ship. Many European countries used the galleons as merchant and supply ships and when necessary, quickly converted them to warships in times of trouble.

By the early 19th century commercial and military sailing ships were designed to be longer with a smaller beam-to-length ratio with more efficient sail configurations. By the mid-19th century, smaller, sleeker, clipper ships, with a square sail and up to three masts, were developed for trade routes where speed was an important competitive advantage when carrying passengers and valuable cargoes. The clipper could reach speeds of up to 20 knots compared to the typical galleon speeds of five to six knots from earlier times.

The real breakthrough in the evolution of bulk shipping occurred in the mid-19th century with the development of the first specialized bulk carrier as well as the invention of the propeller in 1839. It was a revolutionary breakthrough and not long before the use of propellers transformed bulk carriers and package freighters.

By the end of the 19th century, steam had replaced sail. By the early 20th century, bulk carriers began transporting oil, petroleum and other liquid products. By the latter half of the 20th century, package freighters were replaced by container ships when transport and international trade were revolutionized by the development of containerization.

Today, bulk carriers can be categorized into six major sizes; there are dozens of categories for merchant ships designed to carry every different type of cargo, each with its own unique carriage requirements.

As shipping evolved, so too did the regulatory regime — the International Convention for the Safety of Life at Sea (SOLAS), passed in 1914 following the sinking of the RMS Titanic; the International Convention for the Prevention of Pollution from Ships (MARPOL), created in 1973.

As it stands today, maritime shipping is estimated to be responsible for 90 per cent of today’s global trade.

Will human innovation be enough to keep the steady flow of resources moving over our oceans while at the same time safeguarding our coastline...? challenges of an ever-increasing world population. Will the shipping industry be able to continue to balance the increasing demands for more ships, while ensuring that, through SOLAS and MARPOL, the coastal environment remains protected from the threat of oil spills and potential marine environmental mishaps? Will human innovation be enough to keep the steady flow of resources moving over our oceans while at the same time safeguarding our coastline against the challenges of increased congestion with our coastal shipping lanes?

It is hard to imagine that it was only 250 years ago when Captain Juan José Pérez Hernandez, Captain Cook and Captain Vancouver arrived on our distant shores. What would they think if they arrived today and what would their shipping advice be to us about our future?

David R. Leverton is the Executive Director of the Maritime Museum of British Columbia which is currently featuring the Great Pacific Garbage Patch exhibition about the impacts of plastic in our oceans and recently co-authored Those Who Perished: The Unknown Story of the Largest Shipwreck Disaster along the Pacific Northwest Coast. David can be reached at: dleverton@mmbc.bc.ca.

YOUR CARGO – YOUR NEEDS – YOUR UNIQUE SOLUTION

Shipping challenges of a growing global population

In the 11th century, the entire world population was estimated to be 325 million people. By the end of the 13th century, when the cog ships were invented, the world population had risen to over 432 million people. By the time the caravels and carracks were plying the water in the late 14th and 15th century, it was an estimated 452 million people and by the time the galleon was invented in the 16th century, approximately 546 million people. When the clipper was invented by the mid-19th century, the world population had increased to an estimated 939 million people.

By the start of the 20th century, the world population had grown significantly to 1.65 billion people, and at the start of this century, there were 6.04 billion people in the world. By 2050, the world population is estimated to be a staggering 9.64 billion people.

What types of innovation will be required to continue to meet the shipping demands of an ever-increasing world population? How large can a ship get? How many will be enough? By 2018, there were already over 53,000 ships in the world’s merchant fleet.

Through the centuries, naval architects have been able to meet the challenge of designing larger and more sophisticated ships to meet the changing consumption patterns and environmental

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TERMINALS B.C. terminal activity update – Part 1

Increasing efficiencies a key focus for terminals

A

number of common themes ran through discussions with terminal operators for this year’s update, none more so than efforts to increase capacities through modernization and operational efficiencies. Aside from the sensible business case made for increasing capacity, gains are also being seen in lowering carbon footprints: new equipment meant to handle more cargo brings state-of-the-art technology designed to reduce impacts on the environment; redeveloping access routes to gain efficiencies are reducing truck traffic and idling times — again, benefiting the environment.

But challenges abound. Cumbersome, often “fractured” permitting processes that take years to complete was, by far, the biggest issue for all. And while not necessarily in the “challenge” category, many are watching ILWU/BCMEA labour negotiations, albeit all were optimistic and emphasized a positive working relationship that continues even without having had an agreement in place for one year. Global trade tariffs and disputes are also being watched closely.

While Part 2 of our B.C. terminal update will be featured in the September issue (with an in-depth look at the grain terminal industry), looking at overall throughput volumes for B.C.’s ports, steady growth continues to be realized. Vancouver’s four per cent increase in total tonnage in 2018 continued the upward annual trend of growth that falls in the range of three to five per cent. Prince Rupert enjoyed a solid 10 per cent growth overall for 2018 with some terminals — Ridley and Fairview for example — surpassing that average. For Port Alberni, the loss of Western Forest

Aside from the sensible business case made for increasing capacity, gains are also being seen in lowering carbon footprints...

Products lumber was offset by growth in the domestic log trade. And for the Port of Nanaimo, a 10 per cent decrease in exports was more than made up for by a 73 per cent increase in import cargo.

Here then, is a snapshot of terminal activity in B.C.

DP World Canada

DP World Canada’s Maksim Mihic, General Manager, had much to report for this year’s update, starting with the most recent news of the acquisition of Fraser Surrey Docks. “We have signed a share purchase agreement to acquire 100 per cent from the Macquarie Group subject to regulatory approvals,” he said, adding that it was a great opportunity for both DP World Canada — who will add a complementary facility to their existing footprint on Canada’s West Coast — and Fraser Surrey Docks — who will benefit from being part of the larger network.

Mihic also had positive reports for activities at Fairview Terminal in Prince Rupert, Centerm in Vancouver and Duke Point Terminal in Nanaimo.

Fairview Terminal hit a milestone last December as it surpassed the millionth container for the first time in a calendar year.

Mihic reported growth of about twelve per cent over 2017 and was seeing numbers more in line with Vancouver in Q1 2019.

While attributing some of the traffic to

DP World Canada expects to increase capacity at Centerm by 66 per cent.

22 — BC Shipping News — June 2019

the U.S. tariffs, Mihic indicated there were challenges with forecasting the remainder of the year given the uncertainty around continued tariffs and upcoming IMO regulations. “There may be a bit of a rush in the fourth quarter to avoid the new sulphur regulations,” he said.

With the Phase II North expansion now complete, DP World Canada is already 10 months into the permitting phase for the next expansion, Phase IIB. In collaboration with the Port of Prince Rupert and CN, DP World is expecting that work will start by the end of this year and will be complete by Q1 2022. The project includes further expanding on-dock rail capacity as well as growing the container yard from its current 32 hectares to 41 hectares and the addition of an eighth dock gantry crane. All in, Fairview will have a capacity of 1.8 million TEUs. Looking to the future, Mihic sees even more growth opportunities for Fairview.

Indeed, discussions on what that would look like are already underway with the Port who is developing a master plan.

Turning to DP World’s Centerm, Mihic reported that the terminal followed the general trend of cargo throughput in Vancouver, about 4.5 per cent. However, the big news for Centerm is that, after a seven-year planning, approval and permitting process, work is starting on the expansion project that will see capacity increase by a whopping 66 per cent.

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TERMINALS “The first step is to build a facility and allow for the logistics to grow around it.”

This vision for Nanaimo perfectly describes the shift being seen in DP World’s overall business strategy: “We want to be trade enablers,” he said, “providing better solutions for exporters, from the mill to the final customer; and for importers - from factory to assembly line.”

With opportunities however, come challenges and Mihic had a list, starting with Canadian competitiveness. “The challenge for Canada is to get their exports into the Asian market. Without exports, importing ships can choose any route they want on the North American west coast.”

Mihic also reflected on how DP World Canada is meeting the challenge of decreasing their carbon footprint and making terminal operations more environmentally friendly. “At both Centerm and Fairview, we will have completely equipped both facilities with LED lights by the end of the year, reducing our electricity consumption by half. Last year, in collaboration with the Vancouver Fraser Port Authority and Transport Canada, we introduced shore

“With just an increase of 15 per cent of our footprint for the yard, we’ll be realizing huge gains,” he said, noting that one of the biggest increases will come from the rail expansion from 8,000 feet to 15,000 feet.

“We’re also adding 75 metres to the berth, densifying the yard and putting in a new gate.” Another big change will be the new office, located in the historic Ballantyne Pier building.

For DP World’s operations at Nanaimo’s Duke Point, Mihic again sees great opportunities for growth, especially with the shortage of industrial land in the Lower Mainland. “The closest land available is in Nanaimo,” he said, envisioning (and discussing with the Port of Nanaimo) a consolidated terminal for mixed commodities with new handling facilities for pulp, lumber and containers, an extended berth and new gate, all to provide for a more competitive solution for the 2.5 to three million metric tonnes of cargo that leaves Vancouver Island every year. “We did a study of Vancouver Island and it is a sizeable market in its own right with an estimated capacity for about 300,000 to 350,000 TEUs,” Mihic said.

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power to Centerm — the first of its kind in Canada that adheres to international standards for container vessels. And our goal for the logistics centre in Prince Rupert is to be fully carbon neutral with innovative unit trains that will eliminate a good portion of the trucking.”

Global Container Terminals

At the end of 2018 and entering 2019, volumes were strong and continue to look positive for GCT Global Container Terminals as GCT Deltaport welcomed new PN4 and ZP9 services from THE Alliance and Zim respectively. GCT Deltaport serves the largest ships on the transpacific trade lane, including the biggest 13,300 TEU vessels calling the Vancouver Gateway from the THE Alliance’s PN3 service this year.

As a homegrown private company headquartered in Vancouver, GCT has made some significant investments in Canada, spending over $650 million in staged terminal upgrades in the past 10 years alone.

In September 2018, GCT Canada went live with the GCT Deltaport Intermodal Yard Reconfiguration project, a $300-million expansion that densified the railyard and sustainably increased capacity by 50 per cent, all within its existing footprint. The terminals capacity is set to grow from 1.8 million TEUs to 2.4 million TEUs. “In our recently completed GCT Deltaport Intermodal Yard Reconfiguration project, we continued to work in close cooperation with our workforce, transitioning our rail operations from a conventional operation to a semi-automated mode, improving workplace safety and cargo velocity through process improvement and design,” said Doron Grosman, President & CEO. “The railyard is now largest and most advanced ship-to-rail discharge facility in the world.”

Grosman added that the capacity for GCT Vanterm in Burrard Inlet will also increase by approximately 25 per cent through a recently announced $160-million investment for improved infrastructure, equipment and processes while remaining within the same footprint. Improvements include berth-side upgrades such as the replacement of two ship-to-shore cranes with new ones featuring high-efficiency regenerative drives and LED lighting while the height of another existing crane will either be raised to accommodate larger ships, or replaced.

New fenders and bollards will be added to

TERMINALS the berth face and shore power connectivity could be introduced in collaboration with the Port Authority and other relevant stakeholders. To accommodate the increased volume, container stacks will be elevated to five containers high, densifying operations at the terminal and modernized high-efficiency equipment such as new yard cranes and tractor trailers will further reduce greenhouse gas emissions.

“GCT Canada is committed to strong environmental performance and is Green Marine and Climate Smart certified,” said Doron Grosman, President & CEO, “In the voluntary Green Marine program, GCT terminals scored 96 per cent overall, achieving ‘Excellence & Leadership’ in nearly every category. Moreover, through our membership in Climate Smart greenhouse gas emissions program, results showed that from 2014-17, the company achieved a 5.9 per cent emissions reduction per 1,000 TEUs, even as our volumes grew by 6.1 per cent during the same period, demonstrating that business growth can be decoupled from emissions growth.”

GCT Canada has proposed the Deltaport Fourth Berth Expansion (DP4) project.

Despite all of the investments and upgrades, the bigger story for GCT lies in their efforts to move forward with GCT Deltaport Berth 4. “We are looking ahead to prepare for our next incremental stage of development to meet projected container traffic demands on the West Coast of British Columbia,” said Grosman. “That is why we have advanced the GCT Deltaport Fourth Berth Expansion (DP4) project. It is a sustainable, phased, and

privately-funded expansion of our existing terminal footprint at Roberts Bank to add a fourth berth, delivering required capacity while minimizing impact on our neighbours, environment, Indigenous fishing grounds, and our workforce.”

Following years of expert analysis and preliminary studies, the proposed GCT Deltaport Berth 4 expansion project was determined to be feasible, leading to

Fresh Perspectives on Ship Design

ROBERT ALLAN www.ral.ca

June 2019 — BC Shipping News — 25

TERMINALS the application of a Preliminary Project Enquiry (PPE) for regulatory review of the DP4 project to Vancouver Fraser Port Authority (VFPA). “Surprisingly, GCT received a response from the VFPA stating that it would not even accept our application for review stating their preference for their own proposed Roberts Bank Terminal 2 project as one of the reasons,” said Grosman.

As a result, GCT’s only option was to file a judicial review of the decision by the VFPA to block the GCT Deltaport Berth 4 project from proceeding through the outlined Port Authority regulatory approval process. “All that GCT is seeking is a fair, transparent, and independent review of the GCT Deltaport Berth 4 project,” Grosman continued. “GCT’s Deltaport Berth 4 project cannot have a reasonable and independent review as long as VFPA is our landlord, regulator, and competitor.”

Westshore Terminals

A quick look at Westshore Terminals 2018 Annual Report and their 2019 First Quarter report show healthy operations

continue at the largest coal loading facility on the west coast of the Americas. On time and under budget is the big news as Westshore comes to the end of their sixyear, $270-million capital project (the final cost was $260 million) that saw three stacker/reclaimers and a shiploader at Berth 1 replaced as well as additional operational efficiencies including a consolidated office and maintenance complex.

The project, completed at the end of Q1 this year, is estimated to add an extra two million tonnes per year of capacity.

Year over year, Westshore has been steadily increasing exports of both metallurgical (steel-making) and thermal coal. A slight decline in metallurgical coal for 2018 was offset by greater volumes of thermal coal.

During 2018, 57 per cent of Westshore’s volume was steel-making coal (62 per cent in 2017) and 42 per cent was thermal (39 per cent in 2017). Petroleum coke made up the balance at less than one per cent for both years.

In looking at the destinations of Westshore’s exports, by far, Korea is the largest customer. Combining Korea and Japan

accounted for 61 per cent of total throughput (about 18.7 million tonnes), and shipments to India, Europe and China accounted for 26 per cent (about 7.9 million tonnes).

Neptune Terminals

In 2018, Neptune handled a total of 16.1 million MT between all three commodities: steelmaking coal, potash and inbound phosphate rock. Lisa Dooling, Neptune’s Director of Community and Stakeholder Engagement, noted that phosphate rock operations were discontinued as of the first quarter of 2019 as a result of Nutrien’s decision to shut down phosphate production at its facility near Redwater, Alberta. The final phosphate rock ship to call at Neptune was the bulk carrier ZEYNO with unloading completed March 20, 2019. “This will free up capacity at our Berth 3 for more potash loading in 2019,” she said.

Dooling was especially proud to report on the actions taken by Neptune that were resulting in significant improvements, not just adding to the efficiency of the terminal but also improving their environmental profile. “We were very pleased to be informed

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TERMINALS

Neptune recently welcomed Claus Thornberg who took over the role of President when Jim Belsheim retired. that we have been selected as one of three recipients of the Port of Vancouver’s 2018 Blue circle award for energy action. This award acknowledges the highest level of participation in the Port’s program which recognizes commitment to energy conservation,” she said, adding that Neptune also continues to be a proud member of Green Marine and Climate Smart, and is certified by both programs. “We recently completed the external audit of our 2018 Green Marine participation and have maintained our strong performance at the leadership level — recognition that we continue to improve our environmental systems in all areas.”

Additional activities related to environmental stewardship saw Neptune partner with Ocean Wise as a sponsor of the Pollution Tracker program. The initiative measures and documents the levels and trends of hundreds of contaminants of concern in mussel and nearshore ocean sediments at select monitoring stations along B.C.’s coast. Neptune’s funding will be used specifically for a station near their terminal operations on the North Shore of Burrard Inlet (check out: http://pollutiontracker. org/ for more on the program).

Neptune is also actively participating in the Burrard Inlet Action Plan, led by the Tsleil Waututh Nation to improve the environmental health and integrity of Burrard Inlet. In addition, Dooling noted that “ships calling at Neptune had a high rate of participation in the Port of Vancouver’s ECHO initiative last year.”

The program is working to evaluate the

impact of ships slowing down to reduce noise impacts on whales in their feeding grounds.

As if that wasn’t enough, work on Neptune’s Dust Suppression/Spray Pole project has now begun. “This project is part of our ongoing effort to continuously improve our environmental management and minimize impacts of our operations on the neighbouring community,” said Dooling. “It involves replacing the existing wooden spray poles with new steel spray poles and oscillating yard sprays in strategic locations.” The new system will optimize water coverage of the steelmaking coal and further enhance the terminal’s ability to prevent dust from leaving the site, particularly during high wind events. It will be fully automated to optimize water usage. The project will be constructed in three phases, beginning with Phase 1 from October 22, 2018 until June 2019.

Dooling also reported that their Steelmaking Coal System Upgrade is now well underway and will be completed by the first quarter of 2021. “Upgrades include a second tandem railcar dumper, a replacement of our Berth 1 ship loader, which will allow us to better load Cape sized vessels without warping, supporting conveyors, and an additional rail track.” These upgrades are expected to increase Neptune’s coal handling capacity from the current 12.5 million MT annually to at least 20 million MT. And last but certainly not least, Neptune welcomed Claus Thornberg who took over the role of President when Jim Belsheim retired. Originally from Denmark by way of Calgary, Thornberg is an international business leader with extensive experience in the shipping and energy sectors. He brings a combination of technical, operations and strategic expertise that will benefit Neptune as it pursues further optimization and growth in the years ahead.

Pacific Coast Terminals

Having taken over as Vice President and General Manager following Wade Leslie’s promotion to President & CEO in 2018, Andre Olivier reported on positive trends being seen with PCT’s four commodities.

“2018 was busy across the board,” he said, with PCT handling over four million tonnes of cargo. “We handled record volumes of canola oil as PCT shipped close to 900,000 tonnes for the year.” Both canola and glycol are projected to be on budget June 2019 — BC Shipping News — 27

TERMINALS for 2019 in spite of a slow start to the year due to inclement weather and associated rail impacts. Forecasts for sulphur and potash also remain strong and on budget for 2019 with overall commodity shipments expected to be above 2018 volumes.

With the major infrastructure projects completed and being optimized (with longer-term commissioning items being addressed), focus has been on other critical projects on site to improve efficiencies and operations. When asked about capacity at the Port Moody terminal, Olivier indicated that they still had some room available which may lead to new opportunities in the future. “We’re continuously looking for ways to optimize and improve efficiencies,” he said. Further opportunities include working with the Industry to continuously improve common safety practices.

Olivier noted the long-awaited shipping channel dredging project had been substantially completed after several years of permitting delays. Minor residual dredging work on the shipping channel still remains, which will be done in August after the Federal Fisheries closure period.

Issues that Olivier is monitoring include the industry-wide collective bargaining

— “I’m optimistic that a deal will be struck soon and realistic about what the potential outcomes will be.” Another issue being watched closely is that of the regulatory process and what the Federal Government may or may not enact later this year with regards to the permitting processes for new developments, upgrades or modifications to existing infrastructure.

Western Stevedoring / The Western Group

As B.C.’s largest and most diversified, full-service stevedoring and terminal operator, The Western Group can now be found in every port in the province. “Over the last number of years, we have grown and diversified the company and have transitioned from primarily a stevedoring company to a fully integrated marine logistics company with over 1,500 employees, handling multiple commodities and operating in every port in B.C.,” said Brad Eshleman, President of Western Stevedoring.

Eshleman provided the following highlights: Lynnterm Expansion and Mountain Highway Underpass — Western’s core business and priority focus remains

breakbulk and they are working with the Port of Vancouver to provide more capacity for breakbulk cargo at their Lynnterm location in North Vancouver. A 15-acre expansion project, adjacent to the north end of the site is underway and slated for completion by Q1 2020, including relocation of storage sheds, operational buildings and a brand new maintenance facility that opened earlier this year. The Mountain Highway Underpass project will increase the headroom of the existing underpass which connects Lynnterm to the BC Highways network and improves the key pinch point in servicing oversized project-cargo destined for Canadian locations. The project is currently in the design, permitting and consultation phase, and construction is expected to commence later this year.

Steel Volumes — “Western experienced a significant surge of inbound steel in 2018 and to date in 2019, both through Lynnterm and Squamish Terminals,” said Eshleman.

“Over the past year our operations team has worked closely with our customers, trucking companies and stakeholders to maximize capacity by working weekends, closely managing inventory, increasing terminal fluidity and securing additional off-dock

The Western Group – comprising BC's largest, most diversified stevedoring and terminal operator • Ship Stevedoring – servicing ports throughout BC, handling a diverse range of products.

• Lynnterm and Squamish Terminals – break-bulk terminals in the Lower Mainland.

• BC Vehicle Processing Centre (BCVPC) – providing vehicle processing for import autos in Nanaimo.

• Ogden Point Terminal – delivering cruise ship and year round break-bulk cargo handling services in Victoria.

• PNWTS – providing ground transportation services at Ogden Point Terminal in Victoria.

• TYMAC (Tidal Transport) – marine transportation and cruise ship waste removal, serving Vancouver and Victoria.

• Tidal Coast Terminals and CT Terminals (Tidal Transport) – transload facilities serving Prince Rupert.

• Coast2000 – providing off-dock service to ocean container carriers and exporters with sites in Richmond and Prince Rupert.

Coast2000, Richmond

28 — BC Shipping News — June 2019

Squamish Terminals, Squamish

Lynnterm, North Vancouver

Ogden Point Terminal, Victoria

TERMINALS

Western Stevedoring is providing the vessel stevedoring services for the new auto operations centre in Nanaimo. laydown space to assist with the throughput of cargo. We have been successful in increasing the throughput at each terminal well beyond what was thought to be their maximum capacity limitations.”

Off-Dock — Western, through subsidiary Coast 2000, operates off-dock facilities in Richmond and Prince Rupert. Earlier this year, Coast 2000 started working closely with Western’s JV partner Tidal Transport to operate Tidal Coast Terminal and CT Terminal off-dock facilities in Prince Rupert.

Coast 2000 and Tidal continue to focus on providing superior off-dock solutions for their forestry customers and are well positioned to offer solutions for other commodities as container volumes continue to grow in Vancouver and Prince Rupert.

Kitimat — Western just concluded its first general cargo vessel in Kitimat, providing stevedoring services for the BBC Greenland on behalf of a prime contractor for LNG Canada. Western and the ILWU worked together to provide ship stevedoring services for the largest private-sector project in Canadian history.

BC Vehicle Processing Centre (BCVPC) — The new auto handling facility and world-class vehicle processing centre, jointly funded by Western, Transport Canada and the Port of Nanaimo, welcomed the first vessel in March 2019.

Western is providing vessel stevedoring services at the terminal and subsidiary company BCVPC is providing vehicle processing services for Mercedes Benz. “Mercedes Benz approached SSA Marine and Western looking for a terminal solution in Western Canada,” said Eshleman. “We developed this unique all-water route from Europe to Western Canada in conjunction with

Mercedes, our core customer and business partner.” He added that a long-term lease was entered into with the Port of Nanaimo which includes the potential to expand for additional business.

Cruise — Western’s team at Ogden Point Cruise Terminal, continues to enjoy a strong partnership with the Greater Victoria Harbour Authority and is poised to coordinate cruise services for approximately 685,000 passengers this 2019 cruise season. Victoria is the largest layover cruise port in Canada and the cruise industry is projecting more growth in the future as the popularity of the Alaska cruise continues.

Safety — Eshleman emphasized that safety is embedded in Western’s Mission

statement and is a top priority for the entire Western organization. They continue to drive key safety initiatives in their operations as well as at the Industry level, working in collaboration with its employees, ILWU, other employers and the BCMEA to continually strive for a heightened focus on safety and a culture that puts safety front and centre in everyone’s mind.

Environment — Noting just a few of the initiatives the team carries out — comprehensive stakeholder engagement and environmental assessments on new projects, participation in Climate Smart, certification in Green Marine, conversion program of its terminal cargo-handling equipment to electric and continual upgrades of its bus

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TERMINALS

Tidal Transport has partnered with Western Stevedoring, whose subsidiary Coast2000 is now managing the Tidal Coast Terminals (TCT) facility in Prince Rupert. fleet (PNWTS bus charter) servicing the cruise industry in Victoria — Eshleman said “Western is continually looking for ways to reduce its environmental footprint including Western staff forming a ‘Green Team’ of environmentally conscious employees to bring ideas and solutions forward.”

In a final message to BC Shipping News, Eshleman said: “We are fortunate to be part of the Pacific Gateway and look forward to continuing to work collaboratively with our customers, stakeholders and employees in providing transportation and logistics solutions to handle Canada’s trade requirements well into the future.”

Tidal Transport

As reported in the last issue of BC Shipping News, the big news for Tidal’s Tymac Launch Service was the announced partnership with Terrapure Environmental to jointly manage cruise ship and marinesector waste at all B.C. ports. The new arrangement comes with significant expansion and investment in equipment. At the time of the announcement, Ron Brinkhurst, President of Tymac’s parent company, Tidal Transport, said: “Our dedicated environmental solutions team is always seeking to identify new technologies and waste disposal processes that enhance not only the services we provide but encourage environmental sustainability, reduce overall disposal costs and create positive customer experiences. Working alongside Terrapure allows us to continue to do just that.”

But that’s not the only change for Tidal.

Starting first with a look at Tidal Coast Terminals (TCT) in Prince Rupert, TCT, along with Western Stevedoring subsidiary Coast 2000, is now fully managing the

30 — BC Shipping News — June 2019

facility, taking over yard operations from prime contractor Bear Creek Contracting.

“That was a significant change,” said Brinkhurst. “It started in January of this year with our log processing yard at Tidal Coast Terminals followed by the assumption of all the lumber operations on March 1.” While it’s been a huge commitment in terms of staffing and equipment, Brinkhurst felt it was necessary to improve customer experience. “And Western Stevedoring's relationship and Coast2000, it was a natural fit.”

Brinkhurst further noted that a significant investment has been made on construction work and yard improvements with an additional expansion planned for the future.

In terms of activity at the Terminal, Brinkhurst reported that log volumes were tracking to similar volumes from last year but noted that 2018 was about 30 per cent lower than 2017 due to a rapid drop in exports to Korea. On the container loading service, volumes were up slightly and he expects that activity will be very similar to last year’s numbers.

One new piece of business for Tidal is the handling of shipments of pile and equipment for the Rio Tinto berth extension in Kitimat. “We’ve done the first of four expected vessels. From ship to barge, barge through TCT, onto trucks and delivered to Kitimat — we arranged the discharge of the vessel with Western Stevedoring and carried right through to delivery in Kitimat, trucking included,” Brinkhurst said, adding that the operation had been very successful.

For Tidal’s other operations in Prince Rupert, CT Terminals, the joint venture with the Coast Tshimshian Nation — which started using the management services of Coast 2000 in March 2019

— Brinkhurst reported that activity was “flat,” seeing about 45 containers per week being loaded with lumber coming in by rail.

When asked about issues, like other terminals operators, Brinkhurst is closely watching ILWU/BCMEA negotiations. “ILWU workers and employers have been without a contract for a year now and it’s one of the most important issues on our radar right now,” he said but was pleased with the existing positive relationship the group enjoys with labour and was hopeful a resolution would come soon.

Fraser Surrey Docks

With the addition of SM Line vessels that started to visit Fraser Surrey Docks in May 2018, President & CEO Jeff Scott was happy to report a quadrupling of container volumes. “Notwithstanding the SM Line volume, we’re seeing year-over-year growth of about two to three per cent,” he said, adding that, through a densification and fluidity strategy, they have been able to maintain their breakbulk capacity while accommodating the increase in containers.

Steel volumes held steady at about 700,000 metric tonnes last year and Scott continues to see an increase in demand for steel despite what’s happening in the marketplace. “Given that the overall capacity in the gateway is shrinking, we have to find ways to be more efficient — not just in handling the current volume but also anticipating future growth.”

The densification and fluidity strategy has had the FSD team assessing the way they stack and sort cargo and looking for ways to minimize sorting to reduce the overall free time the cargo remains on the dock. “We’ve been working with customers, the trucking companies and others to find ways to increase the speed at which steel is removed from our terminal,” said Scott. “It’s been quite positive — improving how we stack, store and reduce sorting to maximize density has resulted in increased turnover.”

In addition to improving processes, Scott has been focused on modernizing the fleet, including investments into new pieces of equipment like forklifts, container handling equipment and potentially a refurbished crane for back up. He also noted that they’re looking at infrastructure improvements to help with the container gate flow, steel gate flow and road access with a goal to create better fluidity outside

TERMINALS

Photo: BC Shipping News

Fraser Surrey Docks was recently acquired by DP World Canada. The sale should be complete by the middle of this year. the terminal with the road/rail network and connections.

While the proposed coal facility project was cancelled by the Vancouver Fraser Port Authority in February 2019 (“no comment,” said Scott), FSD’s other major project — the new Fraser Grain Terminal — is now under construction by joint partner Parrish & Heimbecker. The new agri-facility, scheduled for completion by September 2020, will add an extra 3.5mt capacity to the current volume of just over one million metric tonnes.

When asked about recent news that Fraser Surrey Docks was for sale, Scott confirmed that they were “actively engaged in the sale process which was nearing completion.” He later confirmed that DP World Canada had acquired 100 per cent of the terminal (for more on this, see the section with DP World Canada’s Maksim Mihic).

Other issues on Scott’s radar include monitoring discussions about the George Massey Tunnel replacement project. “We currently accommodate vessels with a maximum capacity of 55,000 dwt which coincides with an 11.5 metre draft; however we continue to promote the fact that we can increase navigational depth to 13.1 metres even with the existing tunnel in place.”

Noting that current plans call for a replacement tunnel, Scott said that as long as the new tunnel was as deep or deeper, there wouldn’t be an impact.

And, as with all terminal operators, Scott is keeping a close eye on ILWU/BCMEA labour negotiations. “It’s in mediation and we’re trying to work through that as effectively as we can to avoid labour disruptions,” he said. “I’m cautiously optimistic that we can find a solution.”

Other areas of focus for Scott continue to be dredging as well as making sure there is alignment between all the changes in regulations within the different government departments — for example, the DFO fisheries openings and changes around those regulations and the pressure that puts on schedules and timing. “There needs to be better dialogue between all parties to make sure everyone understands the impacts of changes and ensuring everyone’s needs are met.”

To help with issues like fostering dialogue and communication, Scott continues to lead the Fraser River Industrial Association, a not-for-profit organization that has a mandate to heighten awareness of the importance of Fraser River industry and to provide opportunities for outreach and discussions. One issue in particular the FRIA has been working with members to address is the changes that resulted when the Port divested some of its assets back to the Provincial Government. “The permitting processes have changed so we’re helping our members work through challenges such as delays in permit approvals (what used to take 10 to 14 days now takes six to nine months),” he said. “The FRIA has been reaching out to the Ministry of Forests, Lands, Natural Resource Operations and Rural Development to lend assistance in terms of identifying issues and working with staff to make improvements.”

Ashcroft Terminal

In speaking with Kleo Landucci, Chief Commercial & Corporate Affairs Officer for Ashcroft Terminal (AT), the partnership with PSA International announced last July has been working out extremely

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TERMINALS well. “We were very excited to be PSA’s first investment in North America,” she said.

“From our side, it has brought structure but also the ability to tap into operational excellence on a global scale. We’re now able to access the knowledge of over 30,000 colleagues and look for ways to bring best practices, technologies and new systems into this part of the world.” Landucci further noted that this knowledge was one of the objectives of their search for the right investor and operational partner and that “every day confirms that the reach and depth that PSA brings has made a great marriage.”

In terms of activity at Ashcroft, Landucci reported that the inland terminal is seeing a lot of increased interest from customers in all sectors of oil and gas, forestry, mining and agriculture despite current market trends. “We continue to see upwards trends in moving volumes because of the value we can add to their supply chain. It’s all about understanding the logistical and supply chain costs, challenges and solutions that we can provide for shippers.”

The upward trend in interest from both importers and exporters bodes well for AT’s expansion program currently underway.

Just prior to announcing the new partnership with PSA, AT launched a $28-million expansion of rail and other support infrastructure onto AT’s industrial terminal. In addition to tying into CN’s main line and adding about 20,000 feet of new track, another 20,000 feet of track is being added to the CP infrastructure that is currently in place, bringing the CP portion of track to 52,000 feet. “With this build, we will also add an export process facility to handle forestry products and we’re upgrading a variety of utilities to support the growth,” Landucci said, adding that it was with the support of Transport Canada to the tune of 30 per cent of overall funding that the three-year project has been made possible.

Over and above her focus on the expansion project as well as “actively recruiting and building up the team,” Landucci indicated that another business segment —that of an intermodal program — has been identified as an upcoming project. “We’re working with importers and exporters to be able to stuff, dyestuff, transload and work through a match-back program to service the intermodal container business,” she said. “We have a lot on our plate right now with the demand on our existing bulk and 32 — BC Shipping News — June 2019

In partnership with PSA International and Transport Canada, Ashcroft Terminal has launched a $28-million expansion. fleet management business in addition to managing and executing on a very important expansion that’s underway.”

As part of their efforts in recruiting staff, Landucci emphasized the importance of working with the Village of Ashcroft to ensure housing needs can be met. “We prefer our labour to be based in Ashcroft and involved in the community before moving out to surrounding areas,” she said.

“We have an active effort in building our human resource management and resources to ensure we’re going after the right people and help them to integrate into the community.”

Port Alberni

Taking a brief look at Port Alberni’s terminal activity (a more in-depth review is scheduled for the September ports issue), David McCormick (Director, Public Relations & Business Development) and Mike Carter (Director of Operations) provided some of the highlights for the year, including three cruise ship calls scheduled. Cruise ships will anchor at harbour this year with passengers brought ashore to Centennial Pier at Harbour Quay in the ship’s tender vessels.

Port Alberni also continues to be home port to the Raw Spirit which is bringing in over 10,000 metric tonnes of hake on an annual basis. The fish is frozen at sea (FAS) on board the ship, off-loaded at the Port’s Berth 1, where it is then loaded onto reefer containers and sent to Centerm Terminal in Vancouver before being shipped over to Asia. McCormick attributes the presence

of the expanding business to a number of favourable features. “First and foremost, we’re close to the catch, but we also were able to offer an available facility at an attractive rate and we have an available, young and determined labour pool,” he said.

And while lumber hasn’t been exported from Port Alberni for over a year now — ever since Western Forest Products shifted their transportation logistics — Carter was pleased to report on a healthy domestic log trade that continues to grow, up as much as 25 per cent in Q1 2019. “We’re seeing the same number of ship calls but the big difference is that they’re staying longer, taking on more volume here,” he said.

Other initiatives that will be expanded on in our September report include the development of a maritime cluster with Canadian Marine Engineering providing a solid foundation. “CME, the City, the Province and the Port worked on a business case for a floating dry dock facility,” said McCormick. “And we continue to offer incentives to help forward the strategy of a marine cluster in Port Alberni.”

McCormick also reported that the Port has an agreement in principal to use a portion of the former fish plant for seafood processing. The port is providing matching funds with the operator to make some improvements to the property. “This is an example of how business-friendly and enthusiastic we are to grow port activities,” he said. “We’re taking a creative, partnership approach to developing new opportunities for the region and we’re starting to see all the pieces come together.” BCSN

SUSTAINABLE SHIPPING

Shipping’s environmental regulatory outlook

By Darryl Anderson

Managing Director, Wave Point Consulting

T

his article shares the perspective of two shipping industry association leaders regarding the industry’s most critical environmental issues.

Background: International Maritime Organization (IMO)

The IMO’s initial efforts were directed towards maritime safety. However, with the introduction in 1954 of the International Convention for the Prevention of Pollution of the Sea by Oil, the organization was thrust into leading the creation of measures to prevent and control pollution caused by ships and to mitigate the effects of any environmental damage arising from maritime operations and accidents.

The scope of IMO’s environmental initiatives has expanded widely over the last 65 years. The Marine Environment Protection Committee (MEPC) addresses issues such as the control and prevention of ship-source pollution covered by The International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL) treaty, including oil, chemicals carried in bulk, sewage, garbage and emissions from ships including air pollutants and greenhouse gas emissions. Other matters covered include ballast water management, anti-fouling systems, ship recycling, pollution preparedness and response and identification of special areas, particularly, sensitive sea areas.

Beginning January 1, 2020, the IMO’s new regulations will limit the sulphur content in marine fuels used by ocean-going vessels to 0.5 per cent by volume, a reduction from the previous limit of 3.5 per cent.

The pace at which the global shipping sector is improving its environmental impact and its efforts to decrease greenhouse gas (GHG) emissions significantly are amongst the most hotly debated issues for both industry stakeholders and environmental advocacy groups.

Changing environmental regulations leave ship owners wrestling with the need to obtain a clear line of sight in which to make investment decisions, operate fleets and mitigate the cost of the regulatory compliance to remain competitive.

Changing environmental regulations leave ship owners wrestling with the need to obtain a clear line of sight in which to make investment decisions, operate fleets and mitigate the cost of the regulatory compliance to remain competitive. For example, availability and cost implications of complying with low sulphur fuel are a significant shipping industry preoccupation in 2019.

The U.S. Energy Administration (EIA) January 2019 Short-Term Energy Outlook (STEO), for the first time, included analysis of the effect that upcoming changes to marine fuel sulphur specifications will have on crude oil and petroleum product markets.

The change in fuel specification is expected to put upward pressure on diesel margins and modest upward pressure on crude oil prices in late 2019 and early 2020. EIA’s analysis indicates that the price effects that result from implementing this new standard will be most acute in 2020 and will diminish over time.

Also on the radar of shipowners is the need to comply with new measures in support of the IMO’s objective of reducing GHG emissions. This requires all vessels of 5,000 gross tonnage and above to start collecting data on their fuel-oil consumption under the mandatory data collection reporting requirements which entered into force in March 2018 and came into effect January 1, 2019.

The data collection system is one of the measures taken which will support the implementation of IMO’s Initial IMO Strategy on Reduction of GHG Emissions from Ships, adopted in 2018. The data

collection system is intended to support the three-step approach towards addressing CO2 emissions from international shipping: data collection and data analysis followed by decision-making on what further measures, if any, are required.

The aggregate data is reported to the flag State for each calendar year and the flag State, having determined that the data has been reported in accordance with the requirements, issues a Statement of Compliance to the ship. Flag States are required to subsequently transfer this data to an IMO Ship Fuel Oil Consumption Database. IMO is required to produce an annual report to the MEPC, summarizing the data collected.

Canadian priorities

The Shipping Federation of Canada’s Environmental Committee addresses a broad range of issues related to environmental compliance and sustainability within the shipping industry, with a specific focus on subjects such as ballast water, air emissions, greenhouse gases, cargo residues and oceans management.

“Internationally, meeting the 2020 global sulphur limit is an immediate priority. However, there are still uncertainties about costs, availability of compliant fuel, operational challenges and whether enforcement by States will be on par to ensure a level playing field for ship owners and operators,” indicated Sonia Simard Director, Legislative and Environmental Affairs Shipping Federation of Canada.

“An equally pressing issue is the need for June 2019 — BC Shipping News — 33

SUSTAINABLE SHIPPING IMO States to agree on a set of short and medium-term actions to deliver on the IMO’s GHG strategy while ship owners are assessing commitments and best approaches to carbon neutrality.”

While the international shipping industry’s immediate environmental focus in 2019 is clear, the thrust of the environmental efforts impacting the shipping sector at a federal level in Canada is very diffuse. For example, the Canadian Marine Advisory Council Spring 2019 agenda indicates that the topics of Heavy Fuel Oil, IMO GHG, ballast water, reducing the impacts of marine traffic on endangered whale populations and regulations for the protection of wrecks of heritage value are all within the environmental agenda. Also, considerable emphasis is being placed on Canada’s

34 — BC Shipping News — June 2019

Oceans Protection Plan and amendments to the Canada Shipping Act, 2001 to: • Strengthen marine environmental protection.

• Enhanced pollution response.

• Modernize the Ship-Source Oil Pollution Fund.

“Interestingly, in Canada, the Federal Government is focussing a lot of its attention on reducing the impact of commercial navigation on at-risk whales — with a drive to impose operational mitigation measures (e.g., speed limits) nationally — while at the same time attempting to bring the subject on the MEPC agenda to tackle ship design and equipment as the ‘ultimate’ mitigation approach. Transport Canada’s recent proposal to impose an Underwater Noise

Management Plan at the fleet level has certainly raised concerns. There is an issue with timing and feasibility,” stated Simard.

“In our opinion, Transport Canada should take the lead on implementing an effective network of noise measurement stations domestically and promoting the same internationally, as an important pre-requisite to effectively moving forward the discussion on design/retrofit options for mitigating vessel noise. Furthermore, over the next five years or so, international ship owners will be required to proceed with significant investments and retrofits to meet immediate IMO requirements for ballast water management, compliance with the 2020 global sulphur limits and reduction of GHG emissions. In that context, there is a need to establish some methodology to identify and test priorities for investment in fleet modification instead of exposing ship owners to yet another set of disconnected priorities to tackle underwater noise. Finally, the relationship between the reduction of underwater noise and energy efficiency must be further investigated and better understood — which brings us back to the main priority at the international level, that is, GHG reductions.”

Bonnie Gee, Vice President, Chamber of Shipping, observed that, from her members’ perspective, dealing with the implications of the global sulphur cap was one of the most immediately pressing global environmental regulatory issues.

Within B.C.’s ports, several operational issues with environmental considerations were also vying for attention. A prime example is the location of bunkering operations within the Port of Vancouver.

Currently, a large container ship calling at Deltaport would need to deviate and go to Vancouver Harbour to take on bunker fuel. It will not only result in more traffic in Vancouver Harbour but will also increase air emissions and costs to ship owners and ultimately cargo owners. With new marine fuel types becoming more common, proactively considering the direction of port growth along with the requirements to adequately serve customers with traditional bunkers and alternative fuels is needed.

The topic of vessel speed as it relates to underwater noise and marine mammal protection, especially the Southern Resident Killer Whale, is an ongoing issue for ship

SUSTAINABLE SHIPPING ...it is time to rethink how government departments interact with the shipping sector and consider better ways to create more effective means of consultation... owners and agents with vessels transiting the Salish Sea. According to Gee, physical and acoustic disturbance to other marine mammals will likely be an emerging issue in northern ports such as Prince Rupert and Kitimat.

Conclusion

With the plethora of shipping environmental issues and regulations on the immediate and long-term horizon, Gee noted the growing complexity and time commitment for all involved to address the full range of topics. She feels it is time to rethink how government departments interact with the shipping sector and consider better ways to create more effective means of consultation for dealing with the growing morass of environmental and safety initiatives. Gee suggested a “whole of

government” approach to dealing with the issues was needed.

The cumulative impacts of shipping on the environment are of vital importance to everyone. Since Canada’s ports and gateways face intense global competition, a deeper understanding of the full effect of the current regulatory approach on Canada’s trade competitiveness is also required.

The World Economic Forum’s Global Competitiveness Report 2017-2018 identified the most problematic factors for doing business in Canada. Amongst the top constraints were inefficient government bureaucracy, insufficient capacity to innovate, inadequate supply of infrastructure and policy instability. The Canadian shipping and port sector are at the forefront of navigating these challenges.

a

The importance of maritime environmental regulatory issues is not going away. Political participants of all persuasions and levels should be encouraged to make a genuine commitment to engage in evidence-based decisions and to work collaboratively with Canada’s maritime transport sector to envision an environmental regulatory approach that advances both the public interest and our country’s need for robust maritime trade. Targeting the port and shipping sector with an ill-conceived or one-off regulatory initiative — such as a tanker ban, for example — as an indirect way of influencing other essential policy decisions has resulted in a decade of lost economic opportunity for some parts of the country. With an aging workforce, now is the time to draw on the extensive expertise and experience of Canada’s maritime leaders to help chart the course ahead.

Darryl Anderson is a strategy, trade development, logistics and transportation consultant. His blog Shipping Matters focuses on maritime transportation and policy issues.

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ENVIRONMENT

ShoreZone coastal imaging and habitat mapping

By Sarah Cook, M.Sc., R.P.Bio Coastal & Ocean Resources

T

he coast of British Columbia ranges from populated and industrialized to rugged and remote but is never less than breathtaking. The coastline is the interface between land and sea and is home to unique habitat and species as well as being the point at which humans and their products can most easily interact with the oceans. It is therefore especially important that we understand and appreciate the coastal zone and how human activities might impact it.

One initiative to provide that understanding is ShoreZone. ShoreZone is an aerial imaging and coastal habitat classification and mapping system used to inventory alongshore and across-shore

ShoreZone now covers over 122,000 kilometres of the west coast of North America, from Oregon to Alaska, including the whole B.C. coast. geomorphological and biological attributes of the shoreline. The georeferenced, oblique, low-altitude aerial imagery is acquired during the lowest tides of the year and then used to divide up the shoreline into relatively homogenous geomorphic units and classify habitat attributes of those units into a searchable database.

The conceptual framework for the ShoreZone habitat mapping and classification system was developed and tested on

ShoreZone image of the Khutzeymateen River estuary taken during the 2018 imaging survey.

36 — BC Shipping News — June 2019

shorelines near Victoria, B.C., in the summer of 1979. The standardized protocols for both the imagery collection and habitat classification, which were developed shortly thereafter, have been updated through the years as imaging technology has advanced.

Those technological improvements have allowed for the collection of more detailed data from the high resolution digital imagery, although the basic attributes have remained consistent across all of ShoreZone.

Image courtesy of Coastal and Ocean Resources.

ENVIRONMENT public through numerous avenues. The U.S. ShoreZone data is accessible from the NOAA ShoreZone site and from ShoreZone.org which has been maintained by The Nature Conservancy in the past. The Alaska dataset is also part of the Alaska Ocean Observing System data portal as well as the Arctic Environmental Response Management Application. The more recent British Columbia imagery and mapping, including much of the area around the Ports of Vancouver and Prince Rupert, is available through the Coastal and Ocean Resources ArcGIS site while the full BC habitat mapping data can be obtained by contacting Coastal and Ocean Resources or GeoBC.

ShoreZone is an excellent example of coastal stewardship data gathered by collaboration between diverse partners working towards a common goal. The program was even awarded the 2009 Coastal America Spirit Award which recognizes exceptional projects that demonstrate the spirit of teamwork for group efforts poised to address challenging coastal issues. The data gathered collectively by this partnership will inform and enhance coastal resource management and emergency response for everyone who lives, works and plays on B.C.’s coast.

Sarah Cook, M. Sc., R.P.Bio is the General Manager of Moran Coastal & Ocean Resources, located in Victoria, B.C. She can be reached at Sarah@coastalandoceans.com.

Courtesy of Coastal & Ocean Resources.

ShoreZone expanded from B.C. into Washington State in the mid-1990s and then into Alaska in 2001. ShoreZone now covers over 122,000 kilometres of the west coast of North America, from Oregon to Alaska, including the whole B.C. coast.

This makes ShoreZone a unique, publicly accessible, cross-boundary dataset.

ShoreZone imagery and habitat mapping has broad utility for marine safety planning and response, research, habitat and species modelling, shoreline planning, habitat conservation and emergency and risk management. ShoreZone was initially developed as an oil spill planning and response tool and has been used by first responders in exercises, including a 2018 Coast Guard-led drill conducted in the harbour of Prince Rupert. The imagery allows responders to gain situational awareness of the area potentially impacted by the spill before they are able to logistically access the site while the mapping provides locations of sensitive habitats such as salt marshes, eelgrass beds and kelp forests.

The utility of ShoreZone imagery in an emergency was highlighted prior to the grounding of the Kulluk drill rig that came adrift during a storm in the Gulf of Alaska in December 2012. Responders were unable to tow the rig away from shore during the storm so ShoreZone imagery was used by the Incident Management Team, along with modelled drift trajectory forecasts, to rapidly assess remote shorelines near Kodiak, Alaska, suitable for grounding. The imagery revealed reefs and offshore pinnacles in the drift path which would have seriously damaged or sunk the rig. Instead, efforts were made to divert the rig further south to Ocean Beach where it was grounded with relatively little environmental damage. ShoreZone mapping has also been used to identify beaches to monitor for the invasive Green Crab in Southeast Alaska; to model suitable forage fish spawning beaches; and has helped to target beaches for marine debris clean-up efforts.

ShoreZone imaging surveys and the classification of the habitat mapping data has been supported and funded by over 60 partners including federal, provincial and state government agencies, First Nations, non-profit organizations, citizen councils, port authorities and industry.

Through the efforts of those partners, all ShoreZone data is accessible to the

Map of the extent of ShoreZone imagery and mapping on the west coast of North America.

June 2019 — BC Shipping News — 37

JUNE 18-20, 2019

HYATT REGENCY VANCOUVER VANCOUVER, BRITISH COLUMBIA

CLEAN PACIFIC brings together the tight-knit response community in the Western United States and Canada to address spill prevention and response matters pertinent to that region's environmental sensitivities

Register with VIP code BCNEWS to receive $50 off your registration to CLEAN PACIFIC

www.cleanpacific.org

CLEAN PACIFIC

CLEAN PACIFIC adds communication track to agenda

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he CLEAN PACIFIC Conference & Exhibition takes place on June 18 to 20 in Vancouver, B.C. at the Hyatt Regency Vancouver. It is a mustattend event for those involved in spill prevention and response for oil and hazardous materials in the marine and inland environment.

CLEAN PACIFIC brings together the tight-knit response community in the Western U.S. and Canada to address spill prevention and response matters pertinent to that region’s environmental sensitivities.

The goal is to deliver a valuable event that covers the most pressing matters in the Western U.S. and Canada and offers ample time for attendees to network and cultivate the relationships that are crucial before, during or after a response.

For the 2019 program, we’ve added an entire new conference track focused on communication and engagement! When a spill occurs, it can set in motion a list of unforeseen impacts. This new track expands on communication and engagement before, during and after an incident to not only include impacted communities, but to give their perspective and experience a voice. In addition to this track, CLEAN PACIFIC will also cover planning and preparedness and response and recovery.

Communication and Engagement Track:

Keeney, Lead Contingency Planner, Marathon Petroleum (formerly Andeavor) • Engaging Indigenous Communities in Emergency Management: Tina Donald, Natural Resource Department Manager, Simpcw First Nation During an Incident This session will focus on how to effectively involve and communicate with stakeholders during an incident by using social and digital media.

• Chair: John Temperilli, VP Disaster Response & Sales, KSolv, Garner, OMI • ICS — a Key Tool for Effective Stakeholder Communications and Engagement: Hank Garcia, Associate Consultant, Casco Consulting Group • Examining Social Media Best Practices — Oso Landslide and Deepwater Horizon Lessons Learned: Dharma Dailey, Ph.D. Candidate, University of Washington • Liaison Function: Kelly Malinoski, Manager, Emergency Management, Trans Mountain Corporation After an Incident: Lessons Learned Translated into Actions This session will focus on taking the lessons learned before and during an incident and translating them into regulations, future planning, and community initiatives.

• Chair: Matthew Melton, General Manager, Alaska Chadux Corporation

• Implementation of New BC Spill Recovery Legislation and Regulation: Kathryn Berry, Recovery Specialist, Environmental Emergency Program, BC Ministry of Environment • From Complacency to Partnerships: Steve “Vinnie” Catalano, Director of Operations, Cook Inlet RCAC • Response Planning on the West Coast of BC — A Collaborative Approach: Timothy McCann, Deputy Superintendent, Environmental Response, Canadian Coast Guard Volunteer Management: Help Them Help Us! Don’t be afraid to use volunteers! With proactive pre-planning for volunteers, you can successfully use volunteers before, during and after responses.

• Chair: Nhi Irwin, Plan Development Review Supervisor, Washington Dept. of Ecology-Spill Program • Setting Expectations: Real World Use of Volunteers During an Oil Spill: Jenny Schlieps, Program Manager, Focus Wildlife • Bridging the Resource Gap: Vessels of Opportunity and their Response Role in Alaska: Christopher Burns, Preparedness Manager, Alaska Chadux Corporation • Tapping into Environmental Volunteer Organizations: Chrys Bertolotto,

Before a Spill Incident This session will focus on the value of working collaboratively with partners and stakeholders before an incident occurs and the tools that are available to work towards that goal.

• Chair: Jamie Kereliuk, Director, Emergency Management & Business Continuity, Trans Mountain Corporation • Moderator: Robert McFarland, Incident Management & Preparedness Advisor, U.S. Coast Guard • Coastal Communities and Response Planning: Michael Lowry, Communications Manager, Western Canada Marine Response Corp.

• Incorporating Discussion-based Tabletops in an Oil Spill Exercise Program: Conor June 2019 — BC Shipping News — 39

CLEAN PACIFIC Natural Resource Programs Manager, WSU Snohomish County Extension • New Value for Existing Volunteer Organizations — An Operator’s Perspective: Stephen Pepper, Director, Crisis Management, Phillips 66 First Nations Perspective and Experience All phases of emergency management — mitigation, planning and preparedness and response and recovery — are a shared responsibility. This session will provide, through First Nations and Tribal lenses, viewpoints on how emergency management is strengthened when historical issues, cultural knowledge and values and rights and title are integrated components of each phase.

• Chair: Kelli Kryzanowski, Director of Strategic Initiatives, British Columbia Ministry of Environment and Climate Change Strategy • Moderator: Robert McFarland, Incident Management & Preparedness Advisor, U.S. Coast Guard • Working Efficiently with Communities: Brent Langlois, Executive Director, First Nations Emergency Services Society (FNESS) • First Nation Perspective and Experience In Columbia River Oil Train Derailment: Brady Kent, Environmental Manager, Yakama Nation • First Nations Collaborative Planning for Marine Preparedness and Response: Steve Diggon, Marine Planning Coordinator, Coastal First Nations • Indigenous Advisory and Monitoring Committee Perspective: Caitlin Kenny, IAMC Committee Member, Indigenous

Main: (250) 658-4050 Coastal and Ocean Resources (CORI) offers professional consulting services in geological and environmental sciences related to the marine environment from the coastline to the deep sea. CORI specializes in Coastal Imaging and Habitat Mapping, Ecological Modeling, Scientific Support for Emergency Response and Education and Training.

www.CoastalandOceans.com 40 — BC Shipping News — June 2019

Advisory and Monitory Committee (IAMC) In addition to this new track, CLEAN PACIFIC will host two general sessions: The Importance of Binational Collaboration in Transboundary Waters: an Industry Perspective Robert Lewis-Manning OMM, CD, MBA, President, Chamber of Shipping Robert is the President of the Chamber of Shipping, a leading marine transportation industry association championing responsible international marine commerce. In his role as President, he is intimately involved with the development of international, national and marine safety and environment policy. He is also a member of the National Species at Risk Advisory Committee. A former senior officer in the Royal Canadian Navy, he served in various sea-going and staff positions in Canada and internationally. Upon departing the Navy, Robert joined the Canadian Shipowners Association as the President, where he was instrumental in progressing the interests of Canadian ship owners and promoting short-sea-shipping. He is passionate about promoting solutions related to environmental stewardship, sustainability, and the innovation of technology in the transportation sector. He enjoys the tranquility of the outdoors including snowboarding, sailing, biking and hiking.

Michael Moore, Vice President, Pacific Merchant Shipping Association Captain Mike Moore is a Vice President with the Pacific Merchant Shipping Association. PMSA members include major ocean carrier owners, operators, agents and container terminal operators in California and Washington. PMSA promotes safe, secure, efficient and environmentally sound maritime trade through advocacy efforts, best practices, public policy engagement and outreach.

Captain Moore retired in 2002 as the Coast Guard Captain of the Port of Puget Sound and spent most of his career in marine safety and port operations in Puget Sound, San Francisco and Los Angeles- Long Beach. He holds a Masters of Marine Affairs degree from the University of Washington and is a graduate of the Coast Guard Academy where he later directed the Marine Science program in addition to teaching and coaching duties.

A Canadian Federal Perspective Assistant Commissioner Roger Girouard, Canadian Coast Guard, Western Region His last appointment was as Commander Joint Task Force Pacific and Maritime Forces Pacific in Victoria, where he was responsible for naval readiness in the Pacific, served as the Search and Rescue Commander for the Region and held responsibilities for security and domestic emergency issues in BC, supporting planning for the Vancouver 2010 Olympics and the contingency work for potential flooding of the BC lower mainland in the Spring of ’07.

Experienced in offshore operations, joint and interagency missions, disaster management as well as the realm of HR management, he retired from the Canadian Forces in September of ’07. He was sought out to complete the Canadian Coast Guard Inquiry into the tragic sinking of the l’Acadien II, a sealing vessel home ported in the Magdelene Islands. He occasionally serves as an associate professor at Royal Roads University and has several volunteer’s lives, including the Salvation Army and the TELUS Victoria Community Board. He assumed responsibilities as the Canadian Coast Guard’s Assistant Commissioner, Western Region in May of 2013.

TECHNOLOGY Spill response

Oil recovery rate determines overall success

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arch 24, 1989, marks the date when the Exxon Valdez ran against a reef in Alaska and spilled 41,000 m3 of crude oil in Prince William Sound, affecting 2,100 kilometres of pristine coastline. An adequate response was hampered by a lack of suitable and available spill response equipment and contributed to the extent of the environmental disaster. This event in history was the defining moment for Dutch engineer and inventor Wim Schuur to conceive a device that would be able to quickly and efficiently remove oil from the sea surface. In 2000, Wim made his first prototype and over a decade later, thanks to a new-generation engineering team, his invention came to life in the form of a simple yet effective Floating Oil Recovery Unit (FORU).

Oil spill events still happen today. Recent oil spills such as the Westwood Annette bunker C fuel spill in Squamish in 2006, affecting the Squamish Estuary, the Marathassa bunker fuel oil spill into English Bay in 2015, affecting the Vancouver harbour and more recently, the sinking of the tug Nathan E. Stewart near Bella Bella, B.C. which spilled diesel fuel and lubricants into the pristine West coast marine environment in 2016, all showcase the continued need for effective spill response equipment.

Based in Harlingen, The Netherlands, in the middle of the UNESCO World Heritage Site, the Wadden Sea, the Dutch company Foru-Solution develops preventive measures against the pollution of oceans, seas, harbours, lakes and rivers worldwide. Their mission is to prevent subsequent damage from oil spills to our maritime flora and fauna, thus enabling us to pass on our world in good condition to future generations. Foru-Solution provides innovative technical solutions to adequately treat any oil calamity anywhere in the world.

Their patented and unique down-draft system functions as a highly effective “oil vacuum cleaner” and is designed for use in harsh offshore environments, including the Arctic, but is just as effective in near-shore environments such as along sensitive coast lines or in harbours, rivers and lakes.

The robust FORU down-draft systems are designed to be easy to use, maintain and clean, and function in rough waters. The smart designed buoy shape makes the FORU stick to the waves and therefore makes it possible to operate the FORU in severe offshore weather conditions while maintaining a high recovery rate.

The FORU system can be deployed and stored without the need for assembly and can be used statically in an oil patch or easily placed in the pocket of dynamic sweeping systems like the Current Buster or the Oil Trawl.

The FORU systems are thoroughly tested in several oil types by the Norwegian Coastal Administration test centre in Horten and are certified by DNV GL. The highly efficient FORU systems F-70 and F-340 with their 360 degrees adjustable inlet opening can recover up to 340 m3/h (90,000 US gph) and can operate with high efficiency (oil recovery rate of 75 per cent up to 100 per cent) in waves up to 2.5 metres (8,2 feet). In waves of over 2.5 metres (8,2 feet), the FORU will still operate but with reduced efficiency. The design of the FORU systems allows it to handle all kinds and sizes of floating debris on

and below surface. An adjustable inlet opening and a pump that can handle debris up to 60mm, combined with an optional debrisblocking cage ensure that the unit will continue to operate when faced with floating debris and solids during an oil spill response.

In the uncommon event of debris getting stuck in the FORU, the system can be disassembled and assembled in little time.

While the best scenario is no spill at all on the pristine coast of British Columbia or anywhere else in the world, when a spill does happen, the FORU systems stand guard, ready to provide effective and rapid oil recovery even in harsh offshore or Arctic conditions.

For more information on the FORU solution, visit: www.foru-solution.nl.

The FORU systems have been tested with several oil types and a wide range of wave action.

FORU systems have an oil recovery rate of 75 to 100 per cent.

June 2019 — BC Shipping News — 41

GREEN MARINE This year’s conference is set for Cleveland as the city fetes its sustainable rejuvenation

By Manon Lanthier Green Marine

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aving Cleveland as the location for GreenTech 2019 — the Green Marine environmental certification program’s annual conference — couldn’t be more opportune. The Ohio city is celebrating a 10-year concerted effort at improving its air, water, local food supply and numerous other aspects of its sustainability.

“We’re delighted to be able to share in this celebration by selecting the Port of Cleveland to hold GreenTech 2019 in the city this June 5 to 7,” says David Bolduc, Green Marine’s Executive Director.

“Cleveland serves as an inspiring example of what can be achieved sustainably when everyone collaborates, and that’s certainly Green Marine’s modus operandi for the maritime industry.”

Cleveland has also gone from infamously being known from Time Magazine for its once-polluted Cuyahoga River catching fire 50 years ago to now having a waterway clean enough to eat the fish. The shocking images of the river’s industrial oil and other waste a half-century ago led to the creation of the U.S. Environmental Protection Agency (EPA) the following year and the Clean Water Act two years later — both of which changed the way industries regarded waterways throughout North America.

Sustainable Cleveland 2019 was launched in 2009 by Mayor Frank G. Jackson to involve the city’s government, businesses, institutions, community organizations and residents in developing a resilient and thriving region.

Jackson was inspired by Dr. David L. Cooperrider, Director of the Fowler Center for Business as an Agent of World Benefit.

Cooperrider underlined the success of businesses dedicated to helping others rather than just generating profits. “I asked Dr. Cooperrider to look at our city not only in terms of what people normally think of as 42 — BC Shipping News — June 2019

“Cleveland serves as an inspiring example of what can be achieved sustainably when everyone collaborates, and that’s certainly Green Marine’s modus operandi for the maritime industry.” sustainability, but how we could transform our economy into a more sustainable force for everyone’s benefit,” Jackson says.

Wind power first

Upwards of 600 stakeholders assembled to envision a cleaner, healthier and economically more robust city by focusing on a key issue, such as green spaces or energy efficiency, annually. Yearly gatherings have kept the momentum going with impressive results that include planting 50,000 trees by next year; more than 75 businesses keeping track of their environmental improvements; almost 130 kilometres of new bicycle infrastructure; 200 community gardens and a subsidy to low-income residents who buy local produce...and that’s just a few of the positive outcomes.

“Mayor Jackson’s 10-year plan realized that institutionalizing change can be difficult, but it also changed hearts when people realized he was truly committed to bringing about change, even if it took a lot of time and effort,” says Matt Gray, the City’s Sustainability Chief, and a speaker invited to GreenTech 2019. “Wind power is a good example: a number of committed partners have worked for years to now be on the brink of becoming the first region in North America to have turbines in a freshwater lake.”

The Port of Cleveland has been involved in the wind project from the outset. “I’m excited to be on the board of the nonprofit Lake Erie Energy Development Corporation that is leading this because

it’s the first time that such turbines will be installed in the Great Lakes,” says William Friedman, President and CEO, Port of Cleveland.

As the only local government agency with a mandate to create jobs and economic vitality, the Port of Cleveland has taken stock of its own environmental performance over the past decade and will proudly take GreenTech attendees on a cruise tour of its facilities.

When he joined the port 10 years ago, Friedman put his team and network into action to further clean up the Cuyahoga River’s industrial channel. The port authority purchased two small boats that were nicknamed Flotsam and Jetsam to collect logs and other floating garbage. Operated by the Downtown Cleveland Alliance, the boats have picked up more than 544,300 kilograms of debris over the past seven years.

Friedman, who also chairs Green Marine’s board of directors, will likely mention some of the port’s other environmental progress when he welcomes GreenTech 2019’s attendance at the start of the conference.

Technological advances

Interlake Steamship, a major port tenant and Green Marine participant, is also involved in Sustainable Cleveland 2019.

Mark Barker, President, serves on the initiative’s advisory board. “It’s important for industry to be represented because while there’s a huge focus on people returning to the waterfront for recreational

GREENTECH 2019 purposes, we can’t lose sight of the river playing a pivotal role in navigation and industry,” he says.

“All the changes after the Cuyahoga River fires 50 years ago and over the last 10 years with Sustainable Cleveland 2019 is a great story of how a government, industry and special interest organizations can turn things around,” Barker adds.

Barker will discuss Interlake Steamship’s early adoption of closed-loop exhaust gas scrubbing systems during an Innovation in Onboard Equipment session at GreenTech 2019. In addition to reducing sulphur emissions, the system is set up to harness the excess heat from onboard engines to warm a ship with steam power rather than operating a boiler to do so.

Great Lakes Towing is another Cleveland company with Green Marine certification that is steadily improving its environmental performance. Joe Starck, President, will outline Great Lakes Towing’s fleet renewal.

“Our replacement of 10 old tugs with five brand new ones — including some

powered by hybrid propulsion systems — is the culmination of many years of planning, as well as key support from the Ohio Environmental Protection Agency,” he notes.

Starck will also explain how a new hybrid system permits a tugboat to go from idling to worksites using a 75-horsepower electric motor to propel the boat rather than its 1,000-horsepowered main propulsion engines.

Other GreenTech 2019 presenters with a North American focus for ship owners and operators include Ginger Garte from Lloyd’s Register to discuss the maritime industry’s decarbonization, and Kris Fumberger from RightShip to relate carbon accounting imperatives.

For ports, Michael Dooms of the Solvay Business School will talk about stakeholder inclusion, while Mike Moltzen of the US Environmental Protection Agency will relate pilot projects from near-port community capacity building initiatives in Seattle and Savannah.

West Coast participants

B.C. representatives at GreenTech 2019 include Dorota Kwasnik of the Vancouver Fraser Port Authority to outline the electrification of the Port of Vancouver by 2030. Jason Scherr of the Prince Rupert Port Authority will be discussing a port’s social responsibility through community investment.

Specific West Coast topics of interest further include the efforts to build a sustainable workforce for Washington State’s blue economy. Of course, all the presenters will have some ideas of strong current relevance to all ship owners, port administrators and shipyard managers participating in Green Marine.

GreenTech is also when all of the participants receive their official certificate of participation in the environmental program and this year’s venue promises to be a blast from the past! We’re heading to Cleveland’s iconic Rock & Roll Hall of Fame for an undoubtedly memorable certification ceremony.

All conference details are posted at: https:// green-marine.org/greentech/.

ENVIRONMENTAL CONFERENCE June 5 to 7 Cleveland, Ohio. green-marine.org/greentech

A special thanks to our GOLD sponsors!

June 2019 — BC Shipping News — 43

ICE NAVIGATION

Nautical Institute Ice Navigator

By Captain David (Duke) Snider Martech Polar

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s many experienced in ice navigation are well aware, until recently, no international standard of measure of experience or competency in seagoing ice operations has existed. In the past, mariners gained ice operation experience through osmosis, learning over time as a junior then more senior officer from Masters with experience as they sailed through iceinfested waters. Some fleets had internal check-offs to ensure some sort of proof of competence, and a plethora of regional and national standards existed. Any mariner could claim to possess these skills and market themselves as Ice Advisor, Ice Master, Ice Pilot, Ice Navigator or whatever title suited their fancy. A true international standard or certification of skills and competency in Ice Navigation however did not exist. This lack of standard resulted in a number of very news-worthy incidents as individuals with less than exemplary competence became responsible for ice-related ship damage and loss around the globe.

At the behest of the shipping industry and insurers, the Nautical Institute began development in late 2010 of what was intended to be the first international standard for training and certification of mariners experienced and competent in operating vessels in ice-covered waters.

I had the honour of chairing the NI’s Ice Navigator Working Group that worked first through electronic working correspondence then face-to-face meetings, the first of which was held in Montreal in October 2011. The first step involved collating what already existed in training, certification and recognition of knowledge, skills and competency as a basis of a gap analysis. Much work had already been done and many of the working group participants provided excellent foundational material. Draft recommendations for the way ahead were presented in April 2012 in Helsinki. In October of that year, the draft Skill/Knowledge/Competency 44 — BC Shipping News — June 2019

This lack of standard resulted in a number of very news-worthy incidents as individuals with less than exemplary competence became responsible for ice-related ship damage and loss around the globe.

Matrix was discussed in Montreal and a final validation was completed in Reykjavik in October 2013. This was presented to the NI Council in December of that year.

As the final stages of the Ice Navigation Training and Certification scheme were being formalized, the Secretary General of the IMO announced that he would be championing a review of Polar shipping requirements with the view of formalizing a mandatory Polar Code. Recognizing the work that the NI had been doing, we were invited to participate fully in the IMO Polar Code working group and committee discussions on training and development. The implementation of the NI’s own scheme was put on hold as it was seen that IMO was about to take the steps to put in place the long-absent international standard for Ice Navigation certification.

Over the development period of the Polar Code now in force, we watched the evolution of the initial proposed chapter on training and certification as deliberations continued. The result included in the finally approved International Code for Ships Operating in Polar Waters did not however fully appreciate the need for ice navigation and operation skills and competence. As the human resource elements of the Polar Code were enabled by STCW amendments, there was no requirement for proof of experience in ice-covered waters in order to obtain the Polar Code required Basic and Advanced Polar Waters Training Certificate of Competency. Under the Polar Code / STCW requirements, a mariner requires only sea time in Polar waters and does not

require — and may in fact never see — ice-covered waters during that time. The Nautical Institute was again approached by maritime industry stakeholders to once again fill the gap and the Nautical Institute Ice Navigator (NI IN) was dusted off.

The final gap analysis prior to launching the NI IN scheme depended on participating in and seeing the result of the development of the IMO’s Polar Waters Training Courses. Once these were finalized, the NI training standard was aligned to mirror the basic IMO theory instruction, but adding the elements that were required to specifically address ice navigation, manoeuvering and operations that the IMO model did not address. In addition, “sea time” requirements were added into the NI scheme to require proof of bridge watchkeeping time, manoeuvering and operating in ice.

The Nautical Institute Ice Navigator Training and Certification Scheme was launched in July 2017, initially through “grandfathering” so that mariners who already possessed appropriate skills and competencies could apply for certification at the appropriate level. The NI IN requirements mirror (and add to) the Polar Code requirements. As in the Polar Code, there are two levels: Polar Code Basic and Advanced levels are mirrored by Ice Navigator Level 1 and Level 2. The Basic and Level 1 Certifications provide junior officers with awareness and knowledge of what can be expected for the Polar Code in Polar waters; and for the Ice Navigator in ice-covered waters. Polar Code Advanced and Ice Navigator Level 2 certifications

ICE NAVIGATION provide senior watchkeeping and Masters with knowledge and competencies to provide sound risk assessment and decision making.

Since the launch of the Nautical Institute Ice Navigator scheme under “grandfathering,” there has been a steady uptake in the application and granting of Level 2 NI IN certification. Mariners possessing current STCW or equivalent bridge watchkeeping Certificates of Competency and documentation proving experience and competency in operating vessels in ice covered waters are eligible for direct application and certification. Interestingly, in the first year of the NI IN program there was a far higher number of applications and certifications of the Level 2 than there had been in the first three years of the legacy Dynamic Positioning certification when it was introduced.

The global foot print of mariners receiving NI IN certification is as impressive. It should not be surprising that the majority of Level 2 Certification has gone to mariners from Canada, Russia and Finland.

The next phase in the roll out of the NI IN scheme is the implementation of the “new entry” path for certification. The Nautical Institute is presently reviewing applications from a number of international training institutions. Generally speaking, training centres that have already received flag State approval for Polar Code Basic or Advanced are candidates for NI IN training accreditation. As previously described, the NI syllabus closely complements the Polar Code requirements.

With only minor adjustment, schools can also be accredited so that students would receive both Polar Code certification and NI IN certification upon completion of Basic/ Level 1 initial training. The major difference comes when the NI Level 2 Ice Navigator requires proof of sea time in ice covered waters and some additional competencies related to ice operation.

Owners, operators, mariners and insurers have seen the value in having internationally recognized competence in operating vessels in ice. For many in industry, holding Polar Waters Certificates of Proficiency is not enough, and mariners are expected to also show their competence in ice navigation/operation competence by holding the Nautical Institute Ice Navigator Certification.

Details of the scheme can be found at: https://www.nialexisplatform.org/ certification/ice-navigation/.

The global footprint of mariners receiving NI IN certification is as impressive. It should not be surprising that the majority of Level 2 Certification has gone to mariners from Canada, Russia and Finland.

June 2019 — BC Shipping News — 45

MARI-TECH 2019

A firing-on-all-cylinders marine technical conference for Canada

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ari-Tech 2019, Canada’s annual conference and exhibition on all things marine technology and shipbuilding was held in Ottawa on April 23-25. The event was a sold-out success, with more than 600 people attending, 71 exhibition booths and some 35 technical paper presentations, speakers and panel discussions. This year’s theme — Firing on all Cylinders — reflected the increasingly sophisticated and commercial maturity of our country’s industry. Several years after settling into a comprehensive event, MariTech is Canada’s singular forum for the exchange of ideas and pursuit of business in marine technology.

Canada’s industry has emerged to face changes in naval and commercial shipping that are taking place at an ever-faster pace. Year after year, Mari-Tech allows for wide-ranging discussion of challenges such as innovation and global shipbuilding competitiveness. It also presents the best of industry design and manufacturing. An example of the latter is Dominis Engineering of Ottawa, which provided a unique gift for speakers this year: an elegant precision-milled aluminum propeller cross-section. In many ways, Mari-Tech reveals a promising future: The growth

“The goal of Mari-Tech is to bring together the very best of people, ideas and industry successes. This year, Ottawa was a fitting place for the event.” — Jeffrey Smith, co-chair of Mari-Tech 2019 The PSPC Outlook gathering

in shipbuilding for Canada’s federal government, combined with the increase in Canada’s exports by sea, being two indicators of ongoing success.

Mari-Tech also serves as a platform to reckon with the challenges for Canada’s industry. A first is the need to attract and retain talented people through various sectors, from naval architecture and project planning, to shipyard trades, skilled at-sea mariners and a cadre of dedicated regulators and administrators in government. A second challenge is coupling innovations in technology — increasingly the application of artificial intelligence and cyber support — with design and shipbuilding in Canada. And a pressing third issue now to be contended with is energy efficiency in ships, for economic reasons and as part of the response to greenhouse gas emissions and climate change — all of these, and other priorities such as petroleum exports and the state of the global industry, demand attention.

As in past years, Mari-Tech helped to host the federal government’s marine industry consultative sessions. These are an opportunity for manufacturers and suppliers of all stripes to meet directly with responsible government program managers in ship and vessel operating departments: The Canadian Coast Guard, RCMP, Royal Canadian Navy, and others. The Outlook program, which included an in-depth panel presentation on April 23, is an important part of the government’s purchasing and supply ministry, Public Services & Procurement Canada (PSPC), to further shipbuilding and marine technology initiatives. This year’s version of Outlook was led

by Cindy Soyland, a PSPC director ably supported by a team that worked for several months to ensure the best possible industry engagement.

Ringing-on main engines for Mari-Tech

Mari-Tech’s opening keynote speaker was Karl Kenny, the founder and now President of Canada’s Kraken Robotic Systems Inc. Mr. Kenny’s company is at the leading edge of underwater exploration vehicles, combining submarine technology and robotics for unique underwater applications. His message to conference delegates was one of risk-taking and fearless innovation while nurturing the advancement of people in our industry.

Photo courtesy Mari-Tech 2019

Medal of Excellence: Darryl J. Hansen

A valued industry partner: West Coast Marine Response Corporation.

46 — BC Shipping News — June 2019

The opening session also came with announcement of the 2019 winner of the CIMarE Medal of Excellence. The Medal recognizes an individual’s outstanding contribution to marine engineering in Canada, including through technical innovation, sea-going service, substantial leadership in the industry and the teaching of marine engineering. The Medal is the hallmark of

EVENT RECAP professional achievement in Canada’s marine engineering industry.

This year’s recipient was Darryl J. Hansen of Victoria and Cowichan Lake, British Columbia. Hansen, a professional engineer, former RCN chief engineer and senior naval officer, has had an impressive career in Canada’s marine sector. The CIMarE National Council cited four grounds to award him the Medal: (i) his outstanding leadership in the successful construction and introduction to fleet service of the Halifax class Canadian Patrol Frigate; (ii) his vision in the successful creation of a new commercial program for ship maintenance for the Government of Canada while at Fenco-McLaren; (iii) his creation of the world’s first regulatory standard for environmental protection in the preparation of ships to be converted to artificial reefs; and (iv) his work as the first Chief Executive Officer of Deas Pacific Marine Inc., the subsidiary organization for repair and maintenance of the BC Ferries fleet.

Ryan Nicoll, P.Eng., accepted the Medal on behalf of Mr. Hansen, who is to be presented with it at a later date by the CIMarE’s Vancouver Island Branch.

Plentiful plenaries

Mari-Tech 2019 featured three panel sessions designed to address current commercial and people talent challenges.

The first panel was titled “Innovation & Collaboration – Removing the walls between them and sharing stories illustrating the importance of both,” moderated by Leonard Pecore of Genoa Design International Ltd., with panelists Susan Hunt, Chief Technology Officer, Canada’s Ocean Supercluster; David Shea, VicePresident of Engineering, Kraken Robotics Inc.; and Darcy Byrtus, President, BMT Canada Ltd. Day 2 of Mari-Tech brought a heavily attended panel session that addressed inservice support to government and commercial fleets, moderated by Greg Alexander, President of Medway Inc., with guests Dave Monahan of Canada’s Department of National Defence; David Lloyd of Lloyd’s Register Canada Ltd.; and Cliff Harvey of the Canadian Coast Guard.

The conference’s third panel session, moderated by Angelique Davis of Vard, featured industry leaders looking at the topic of career development and ensuring suitable people are attracted to and retained

in our industry for life-long careers, with Andy Smith of the Canadian Coast Guard, Dan Ross of Ottawa’s Telfer School of Management and Suzanne Beckstoffer of SNAME offering their wisdom.

CMISA underway

The Canadian Marine Industries & Shipbuilding Association announced that its work and advocacy for Canada’s marine technology sector has begun, with important projects being pursued as membership in the Association grows. John Schmidt, Chair of the Association’s board, and Colin Cooke, its founding President and CEO, led MariTech attendees in a well-received overview of planned operations and the fresh role for such an industry platform. (See the CMISA website at: https://cmisa.ca.)

The University of British Columbia makes the grade

Professor Jon Mikkelson of the University of British Columbia announced the creation of the “Marine Systems Initiative,” a multi-degree track offering in much-needed disciplines of naval architecture and marine engineering. The announcement of program details about the Initiative (with content to also focus on electrical and systems engineering) follows a $1.5-million donation by Vard Marine and Vard Electro Canada earlier this year for the Initiative. (See the Initiative’s website at: https://msi.ubc.ca.)

ENSURING PROGRESS IN POLAR SHIPPING WITH DECADES OF GLOBAL VESSEL EXPERIENCE

Full ahead on the technical

Technical paper presentations were in high demand at Mari-Tech. They ranged from comprehensive industry reviews (for example, the Chamber of Marine Commerce report “Economic Impacts of Maritime Shipping in the Great Lakes St. Lawrence Seaway”) to current innovations such as a virtual reality prime mover operational trainer (presented by MAN Energy Solutions Canada); a detailed review of the successful mid-life upgrade of Canada’s Halifax class warships (offered by Fleetway); and the Transportation Safety Board of Canada’s current research and assessment of fatigue in the marine industry.

Two papers demonstrated innovation from the West Coast: A joint CCG-Seaspan Marine presentation about the construction of Canada’s fisheries science ships, the Franklin class vessels, and a detailed technical exploration of the installation and safety requirements for LNG bunkering

PHONE +1 778 432 0562 EMAIL info@martechpolar.com www.martechpolar.com

June 2019 — BC Shipping News — 47

EVENT RECAP impact on the ocean’s economies and has the potential to propel Canadian know-how around the world.

Photo courtesy Mari-Tech 2019

Up to speed on exhibitors and supportive sponsors

A sold-out exhibition hall, featuring Mari-Tech’s lead sponsor, Babcock Canada. aboard a new BC Ferries vessel. Other papers had a distinctly global note, including ones about addressing the problem of greenhouse gas emissions in the industry.

John Weigelt, the National Technology Officer for Microsoft Canada, gave a thought-provoking and inspiring closing address.

He reminded the conference of challenges Canada particularly faces in its ocean sector and of the tangible successes to be built on across the industry. Weigelt emphasized that the digital transformation propelling the fourth industrial revolution is having a profound

48 — BC Shipping News — June 2019

Mari-Tech’s 71 exhibitors spanned a range of Canadian industry actors, from marine design houses to shipyards, to the Canadian Coast Guard, equipment manufacturers and leading in-service support firms. These exhibitors reveal how valuable the marine sector is to Canada’s export markets and industrial base. For a complete list, see the Mari-Tech website: (www.mari-techconference.ca).

Strong support was offered by numerous sponsors in a show of their commitment to the industry: Babcock Canada, L3 Technologies, and Wärtsila Canada foremost among them, and also including ABB, Alion, the renowned project management firm CanPM Consulting, CMISA, DB Canada (Don Brenton), Dominis Engineering, Genoa Design International, Groupe Desgagnés, Lloyd’s Register, Pennant Canada, Schneider Electric, SNCLavalin, The Cahill Group, Vard Marine and Verreault Navigation.

Mari-Tech 2019 was hosted by the Ottawa Branch of the Canadian Institute of Marine Engineering, joined by the Eastern Canadian Section of the Society of Naval Architects and Marine Engineers. The professional services of Maestro Events (MarieClaude Bureau and Cindy Hick) once again ensured a well-received and enjoyable event for all.

Mari-Tech 2020 will take place next April 28-30 at the new Halifax Convention Centre. The theme is “Vision, Innovation and Trending in the Marine Sector.”

CFA 2019 CONFERENCE AND TRADE SHOW Saint John, New Brunswick (YSJ) • September 15 - 17

INNOVATION IN CUSTOMER EXPERIENCE View Sponsorship and Exhibitor opportunities REGISTER TODAY!

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LEGAL AFFAIRS Ship-source pollution:

Civil and criminal liability — the two streams

By Peter Swanson A founding Partner of Bernard LLP

S

hip-source pollution in Canada and elsewhere is highly regulated. Many elements of Canadian law relating to ship-source pollution are rooted in international conventions. This is important as it helps to promote uniformity of laws from country to country. Other elements, however, are purely of domestic origin. As well, most of Canada’s ship-source pollution laws are federal, as distinct from provincial, since it is the Federal Parliament that has the constitutional authority to make laws regarding “navigation and shipping.”

In the event of an oil spill from a ship, there are generally two legal streams that come into play: the civil law stream, which is intended to compensate those involved in clean-up operations and who have incurred expenses or suffered losses due to a spill that are properly recoverable; and, the regulatory stream, or quasi-criminal stream, which is intended to punish the polluter in a way that will help deter others from polluting in the future.

The two streams are distinct and separate, arise under different laws and achieve very different things. The two streams are generally pursued in different courts, and, importantly, have different standards of proof and different available defences. The civil stream is compensatory and meant to reimburse people/others for reasonable losses incurred. The regulatory stream is punitive in nature and meant to punish and deter by the imposition of a monetary fine and/or possible imprisonment. Both streams in the ship-source pollution context are described as “strict liability” but this means different things in the context of the civil stream compared to the quasi-criminal stream.

Civil liability

Regarding the civil liability stream, the applicable law is found in the Marine Liability Act. Among other things the

50 — BC Shipping News — June 2019

The civil stream is compensatory and meant to reimburse people/others for reasonable losses incurred. The regulatory stream is punitive in nature and meant to punish and deter by the imposition of a monetary fine and/or possible imprisonment.

Marine Liability Act incorporates into law in Canada the Civil Liability Convention and the Bunkers Convention.

In broad terms, the Civil Liability Convention sets out the legal obligations of a tanker owner for a spill from a ship carrying oil as cargo.

The Bunkers Convention, in broad terms, sets out the obligations of a ship owner for a spill from a ship carrying oil as fuel, not cargo.

Both the Civil Liability Convention and the Bunkers Convention impose strict liability on a ship owner, the only available defences being limited to where the spill: (a) resulted from an act of war, hostilities, civil war or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character; (b) was wholly caused by an act or omission of a third party with intent to cause damage; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority that is responsible for the maintenance of lights or other navigational aids, in the exercise of that function.

These are very limited defences. They rarely arise.

Unlike most other types of civil claims, the ship owner’s liability is not dependent on proof of fault or negligence. This is significant. The quid pro quo for imposing strict liability is to delineate the types of claims that are recoverable and to provide for an upper limit of liability (usually calculated using a formula based on a ship’s gross tonnage).

What is recoverable by a claimant, in broad terms, is loss or damage associated with oil pollution damage and costs and expenses incurred by the Minister of Fisheries and Oceans, a response organization or other person in Canada respecting measures to prevent, repair, remedy or minimize oil pollution damage including measures taken in anticipation of a discharge of oil, but only to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by those measures.

Importantly, there is a reasonableness requirement. Those responding must do so in a reasonable manner and not simply incur loss or expense without reason or purpose. If otherwise, a ship owner, in light of the absence of any real defence, would be on the hook for unlimited and unchecked amounts, but subject to an overall cap based on the ship’s particular limitation figure.

As to obtaining compensation for recoverable claims in Canada, a claimant can pursue recovery from the actual ship owner or can elect to seek compensation from Canada’s Ship-source Oil Pollution Fund (“SOPF”) instead.

If a claimant decides to seek compensation from the SOPF, the SOPF is required by law to review the claim and make an offer based on what the Administrator of the SOPF determines to be legally recoverable.

There is a process for challenging an offer made by the SOPF in the Federal Court if the claimant is dissatisfied. If the offer is accepted, then the SOPF is subrogated to the rights of the claimant and will generally

LEGAL AFFAIRS pursue recovery of the amount paid to the claimant from the ship owner. The SOPF is essentially an easily accessible source of payment if a claimant does not want to or cannot pursue the ship owner or the source of the spill is unknown. That said, the SOPF will actively pursue a ship owner it knows or believes to be responsible for a spill and this will be done by arrest and other typical legal means. Importantly, however, involvement of the SOPF does not mean a ship owner is unwilling to pay, it often simply means the claimant has decided to seek recovery from the SOPF instead of the ship owner. Complaints by a claimant about delay in payment often have nothing whatsoever to do with a ship owner, but rather is often the result of delays in presenting claims or proper documentation.

Delays can also arise where the claimant and the SOPF disagree on what is recoverable, which is often the situation.

Quasi-criminal liability

As to the quasi-criminal (public welfare) regime, this is something that is pursued in the criminal courts by the Public Prosecution Service of Canada (otherwise known as the Federal Crown). If the prosecution is successful, the ship owner or operator will be convicted and likely fined. While imprisonment is often an available option following conviction, it would be rare in a pollution context.

Practically speaking, it is not at all unusual in a ship-source pollution case that a ship will be charged with multiple offences, many of which are overlapping in nature. As an example, the M/V Marathassa was charged with eight counts in relation to a small spill in Vancouver in April 2015. The charges were: • One count under the Canada Shipping Act, 2001 for an alleged discharge of oil; • One count under the Canadian Environmental Protection Act , 1999 for the alleged disposal of oil; • One count under the Migratory Birds Convention Act, 1994 for the alleged deposit of oil in waters frequented by migratory birds; • Two counts for allegedly failing to implement the ship’s oil pollution emergency plan as required under the Canada Shipping Act, 2001 by 1) failing to contain the oil; and 2) failing to take a sample of oil from the water; and • Three counts under the Vessel Pollution and Dangerous Chemicals Regulations of 1) allegedly failing to report a discharge; 2) allegedly failing to report the quantity discharged; and 3) allegedly failing to record the circumstances and reasons of the discharge in the ship’s Oil Record Book.

While the M/V Marathassa was not convicted of any counts, the counts relating to the “discharge of oil,” “disposal of oil” and “deposit of oil” as referenced above were arguably duplicative and subject to the rule against multiple convictions for the same crime.

If the rule applied, this would limit any fine to a single count, not to all three counts. The same would likely apply to the two counts regarding implementation of the ship’s emergency plan, meaning a fine would likely only be imposed for one count, not two. This is an important legal tool provided to the trial judge to ensure that an accused is fairly treated and not fined multiple times for what is essentially a single act. The trial judge also has tools that are available in cases where there are multiple convictions arising out of a single event. The “totality” principle will be used where there are multiple convictions to ensure the overall punishment, whether a fine or imprisonment, is not overly harsh or inconsistent with fines/

imprisonment in similar cases. The point being, it is not unusual for a Crown prosecutor to lay multiple charges for a single event, but the court has tools to ensure an accused is treated fairly under our laws even if convicted.

Importantly, and unlike civil liability claims, a ship, as with any other accused, is entitled to the defence of due diligence when charged with a strict liability offence. This is not something unique to ship-source pollution. This is not something unique to a ship or a ship owner. The Supreme Court of Canada in the case of R. v.

Sault Ste. Marie, [1978] 2 S.C.R. 1299 discussed the nature of public welfare offences (pollution-type offences) as distinct from traditional criminal offences and absolute liability offences. The Court observed that public welfare offences (such as a ship-source pollution offence) sit somewhere between the proof requirements of a criminal offence (proof of the act and intent) and that of an absolute liability offence where guilt is established on proof of the act alone.

In addressing the issue, the court made the following observations: The distinction between the true criminal offence and the public welfare offence is one of prime importance. Where the offence is criminal, the Crown must establish a mental element, namely, that the accused who committed the prohibited act did so intentionally or recklessly, with knowledge of the facts constituting the offence, or with wilful blindness toward them. Mere negligence is excluded from the concept of the mental element required for conviction. Within the context of a criminal prosecution a person who fails to make such enquiries as a reasonable and prudent person would make, or who fails to know facts he should have known, is innocent in the eyes of the law.

June 2019 — BC Shipping News — 51

LEGAL AFFAIRS In sharp contrast, “absolute liability” entails conviction on proof merely that the defendant committed the prohibited act constituting the actus reus of the offence. There is no relevant mental element. It is no defence that the accused was entirely without fault. He may be morally innocent in every sense, yet be branded as a malefactor and punished as such.

Public welfare offences obviously lie in a field of conflicting values. It is essential for society to maintain, through effective enforcement, high standards of public health and safety. Potential victims of those who carry on latently pernicious activities have a strong claim to consideration. On the other hand, there is a generally held revulsion against punishment of the morally innocent.

Ultimately, the Supreme Court of Canada in R. v. Sault Ste. Marie recognized the existence of a middle-ground strict liability offence, describing the required burden of proof on the Crown and the availability of the due diligence defence to the accused. The court described a strict liability offence as: Offences in which there is no necessity for the prosecution to prove the existence of mens rea; the doing of the prohibited act prima facie imports the offence, leaving it open to the accused to avoid liability by proving that he took all reasonable care. This

52 — BC Shipping News — June 2019

involves consideration of what a reasonable man would have done in the circumstances.

The defence will be available if the accused reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent, or if he took all reasonable steps to avoid the particular event. These offences may properly be called offences of strict liability. Mr. Justice Estey so referred to them in Hickey’s case.

Ship-source pollution offences, like other pollution offences, are typically “strict liability” offences. This is sometimes clear from the words used in the legislation, but often made expressly clear by the inclusion of a specific due diligence defence. So, for example, the Canada Shipping Act, 2001, the Canadian Environmental Protection Act, 1999 and the Migratory Birds Convention Act, 1994 expressly provide for the due diligence defence.

As such, if oil is spilled from a ship, the ship owner or ship can generally avoid being found guilty if it can establish due diligence as described above. Notably, the burden of proof for the due diligence defence is on the ship owner, not the Crown. While the standard of proof is the civil law standard based on a balance of probability, it remains a high standard given the scope of what must be

proven. A recent example of this defence is the case involving the M/V Marathassa. In that case a newly built ship on its maiden voyage from a Japanese shipyard was alleged to have spilled a small quantity of oil into English Bay in April 2015. After a lengthy trial in the Provincial Court of British Columbia, the judge concluded the ship established the defence of due diligence saying: The discharge was caused by two shipbuilder defects on the brand new vessel, which had only been in operation for three weeks.

The vessel had been built in Japan, a country with a worldwide reputation for quality shipbuilding. Lloyd’s Register oversaw the shipbuilding, and audited an ocean trial run with the crew in operation of the vessel.

The two defects were not foreseeable to the owner or crew of the Marathassa and were only discovered after the leak of fuel oil was traced back to the area of the defects. Those defects were also not foreseeable to the external auditors of the shipbuilding or to two experienced Transport Canada Inspectors, who spent an entire day inspecting the vessel and searching for the source of the fuel oil discharge.

The Marathassa also had extensive pollution prevention systems in place and had conducted a comprehensive crew selection and training program aimed at safety and pollution prevention, including fuel oil discharges.

The training of the crew continued onboard the ship and the crew performed training drills and equipment inspections regularly throughout the voyage. As such, the Marathassa has proven a defence of due diligence.

Not surprisingly, proving due diligence is largely a factual inquiry into what happened and what steps were taken by the ship owner to avoid what happened. This includes a careful review of crew recruitment, training and familiarization with ship-board procedures. Given that shipping is a highly regulated industry it also includes establishing compliance with the various flag state and international regulatory requirements.

Proving due diligence is not a simple process, but it is an important defence available to those accused of strict liability offences, including ships and ship owners. Without the defence of due diligence, those charged with public welfare offences would be exposed to substantial fines and possible imprisonment without any requirement there be some fault or culpability.

Peter Swanson is a founding Partner of Bernard LLP and can be reached at Swanson@bernardllp.ca.

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2019-05-03 2:11 PM

ADVERTISERS

Naval Association of Canada National Conference 2019 Sponsored by the Naval Officers' Association of British Columbia

0800 – 1600 October 4, 2019 BCIT Marine Campus 265 West Esplanade, North Vancouver, British Columbia Agenda Canada and the Pacific (Strategic Situation) • Dr. James Boutilier, Special Advisor (Policy), Maritime Forces Pacific • Richard Fadden, Former Director CSIS • Jonathan Manthorpe, Freelance Journalist and Author RCN Mission in the Pacific &Surface Combatant Program • Speaker TBA

AAL Shipping...............................................................................................................................................4 Albion Marine Solutions..............................................................................................................................10 AMIX Group...............................................................................................................................................24 Bernard LLP...............................................................................................................................................45 BNAC Environmental Solutions...................................................................................................................17 Bracewell Marine Group......................................................................................................................48 / 51 Canada Metal/Martyr..................................................................................................................................48 Canadian Ferry Association........................................................................................................................49 Chamber of Shipping..................................................................................................................................39 CLEAN PACIFIC..........................................................................................................................................38 CN................................................................................................................................................................... BC Coastal and Ocean Resources..........................................................................................................................40 CT Terminals......................................................................................................................................................5 DP World..........................................................................................................................................................23 Fraser Surrey Docks...........................................................................................................................................6 Frontier Power Products....................................................................................................................................10 Furuno..............................................................................................................................................................13 Global Container Terminals.................................................................................................................................3 GMT - Global Marine Travel........................................................................................................................31 Green Marine....................................................................................................................................................43 Greenwood Maritime Solutions.........................................................................................................................12 Harken Towing...........................................................................................................................................11 IMS Marine Surveyors & Analytical Laboratories Ltd...................................................................................29 Interferry..................................................................................................................................................IBC John Horton, Marine Artist.........................................................................................................................54 King Bros. 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IFC Vancouver Maritime Museum.....................................................................................................................35 Western Canada Marine Response Corporation...........................................................................................34 The Western Group....................................................................................................................................28

John M. Horton, Marine Artist Paintings and limited edition prints for corporate offices, retirement gifts and marine art collections

The RCN Joint Support Ship (JSS) Program Shipyard Report Naval Reserve – International Perspective USN Reserve Experience and Future Plans • Speaker TBA RN Reserve Experience and Future Plans • Cmdre Martin Quinn, ADC – Commander Maritime Reserves RCN Reserve Status and Way Ahead • Cmdre Michael Hopper, CD – Commander Naval Reserve

For more information on registration or sponsorship opportunitites, contact Robert McIlwaine: robert.mcilwaine@gmail.com 54 — BC Shipping News — June 2019

“Vancouver Bound”

This specially commissioned painting features the tanker MT Kirkeholmen heading for Vancouver on one of her regular north bound transits.

For special commissions:

www.johnhorton.ca (604) 943-4399 / john@johnhorton.ca

44th ANNUAL

INTERFERRY

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OCT. 5-9, 2019 • REGISTRATION IS OPEN

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Registration is open for the 44th Annual Interferry Conference in London, which will focus on Transformational Innovation. Our program of networking and social events includes a Welcome Reception on the River Thames aboard the Silver Sturgeon, a networking reception at the Cutty Sark, the Farewell Dinner at the Old Royal Naval College Painted

Hall and the Technical Tour featuring Thames Clippers vessels and facilities as well as a look at nearby Woolwich Ferries operations. The conference website has all the information you’ll need about this year’s conference including the networking events, activities, sponsorship and our outstanding venue, the InterContinental London – The O2.

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