Backgrounder - Extending the Jurisdiction of Canadian Environment and Shipping Laws in the Arctic

On August 27, 2008 Prime Minister Stephen Harper announced that the Government of Canada would be extending the jurisdiction at which it enforces Canadian environmental laws and shipping regulations in the Canadian Arctic. 

In particular, the Prime Minister announced his Government’s intention to introduce new legislation extending the enforcement zone of the Arctic Waters Pollution Prevention Act (AWPPA) in the next sitting of Parliament. 

In addition the Prime Minister announced that his Government was also bringing in new regulations extending the range at which Arctic bound ships must report to Canadian authorities through the NORDREG reporting system.

About the Arctic Waters Pollution Prevention Act

First drafted in 1970, the Arctic Waters Pollution Prevention Act provides much more stringent rules to protect maritime and coastal regions from dumping and other forms of pollution than what is required in international waters.

The Arctic Waters Pollution Prevention Act prohibits the deposit of waste in Arctic waters from either land or ship sources.  It also requires that Arctic waters adjacent to the mainland and islands of the Canadian Arctic are to be navigated only in a manner that respects Canada’s Inuit and other Northern communities as well as Canada’s responsibility to preserve the fragile ecological balance that now exists in the water, ice and land areas of the Canadian Arctic.

About NORDREG

NORDREG is the Arctic marine traffic system. The NORDREG system keeps track of all traffic north of 60°, as well as within Ungava Bay and the southern part of Hudson Bay.

NORDREG has reporting requirements that are similar to mandatory reporting provisions in southern Canadian waters.  A ship 300 tons or more is required to report 24 hours prior to entering the NORDREG zone. The ship is also to report immediately before crossing the NORDREG zone boundary when entering, upon arrival at the berth, and 1-2 hours before departure from the berth.  The NORDREG zone almost mirrors the regulatory zone of the AWPPA.

Proposed Amendments

The proposed amendments announced by Prime Minister Harper include:

Extension of regulatory zone defined as “arctic waters” under the AWPPA from its current limit of 100 nautical miles to 200 nautical miles.  This will extend the range at which Canada can enforce the anti-pollution provisions in the act.

Similarly extending the NORDREG reporting zone to a 200 nautical mile limit.

Moving from the “encouraged” reporting provisions under the current NORDREG system to a mandatory reporting system for all incoming shipping traffic.