Canada

Canada Port Authorities are federally incorporated, autonomous, non-share corporations that operate at arm’s length from the federal government. They operate on a commercial basis with a view to being financially self-sufficient. They also fulfil important public policy objectives (supporting economic development) and regulatory requirements (safety, security, and environmental protection). The five largest Canada Port Authorities are Vancouver, Montreal, Prince Rupert, Halifax and Saint John.

Canada’s public ports have a regional orientation. They may be owned by Transport Canada or by non-federal entities (e.g., private entities, provinces or municipalities, or a not-for-profit entity). The biggest Transport Canada-owned public ports are Baie-Comeau, Gaspe, Rimouski, Matane, and Gros-Cacouna, all located in Quebec.

There are also a number of non-federal ports in Canada. Transport Canada’s role is limited to a regulatory and compliance monitoring role (e.g., Canada Environmental Assessment Act, 2012; Navigable Waters and Protection Act).

Also see Pre-Arrival Information.

There is a variety of icebreaking and support services available to ships transiting Canadian ice-covered waters. Canadian Coast Guard (CCG) Ice Operations Centres are in operation seasonally as ice conditions dictate. These centres work in conjunction with Marine Communications and Traffic Services (MCTS) Centres to provide up-to-date ice information, to suggest routes for ships to follow through or around ice, and to co-ordinate icebreaker assistance to shipping. Ice Navigation in Canadian Waters is available to view online and to download at:

www.ccg-gcc.gc.ca/publications/icebreaking-deglacage/ice-navigation-glaces/page01-eng.html

Vessels must follow Navigational Warnings outlining the speed restrictions. Furthermore, speed restriction zones are described in monthly Notices to Mariners (NOTMARs), which are published by the Canadian Coast Guard. The status of these zones is broadcasted through NAVWARNs, which are published by the Coast Guard’s Marine Communications and Traffic Services Centres.

For navigational warnings currently in force, visit the Canadian Coast Guard website nis.ccg-gcc.gc.ca/public/rest/messages/en/search

The regulations stipulate mandatory (and immediate) reporting to Fisheries and Oceans Canada (DFO) if your vessel strikes a whale, or if you observe a marine mammal in distress or entangled. Reports should be made to the DFO British Columbia Marine Mammal Response Network Incident Reporting Hotline T: +1 800 465 4336. or VHF Channel 16.

General cetacean sightings should be reported to the British Columbia Cetacean Sightings Network T: +1 866 472 9663. or through the WhaleReport App (available on iOS and Android devices) giving the following information:

The WhaleReport Alert System (WRAS) is a mobile and desktop-based program that alerts commercial mariners to the presence of whales so that they may take mitigation measures, such as slowing down or diverting course, to reduce the risk of disturbance and collision. If you belong to a professional marine organisation and are a pilot or member of the bridge crew of a ship, contact the WRAS Project Manager if you wish to request access to the WhaleReport Alert System. [email protected]

Also see VTS/Radar.

The Master, owner or Agent of a ship that requires the services of a licensed pilot shall notify the PPA of the ETA of the vessel at the pilot boarding station:

Requests for pilots must be sent 12 hours before arrival and confirmed or amended between 6 and 2 hours (depending on the port) before arrival at pilot boarding area. ETA times must be given in UTC.

All marine vessels arriving in Western Canadian ports from 1 March to 15 September, and in Eastern Canadian ports, including inland ports, from 15 March to 15 September, and which have visited ports during specified periods of risk for Asian Gypsy Moth (AGM) during the current year or preceding year, that are located in the Russian Far East, Japan, the Republic of Korea, and all ports north of Shanghai (defined as all ports on or north of 31° 15′ N) in the People's Republic of China, must provide the following to the Canadian Food Inspection Agency (CFIA):

The certificate must state that the vessel was inspected and found free from AGM (Asian Gypsy Moth) from at least the last port of call in a regulated area during the specified risk period. A vessel without the required certification may not be permitted entry into Canada. CFIA (Canadian Food Inspection Agency) may conduct inspections at designated offshore inspection sites as an alternative to refusing entry. A vessel calling at a Canadian port for a second time without the required certification may be refused entry to Canada. All costs linked to the disruption of loading/unloading schedules and commitments are the responsibility of the vessel's owner. The vessel may be subject to additional enforcement action.

Full enforcement of the certification and entry requirements for marine vessels arriving from the expanded regulated area began 1 March 2012. Certificates must be obtained if you visit a regulated area of Russia, Japan, the People's Republic of China and the Republic of Korea within the specified period listed in the table below. The specified period is when the AGM (Asian Gypsy Moth) female is flying and laying eggs. These specified periods vary within the regulated areas and are as follows:

To protect Canadian forests, the CFIA is committed to preventing the introduction of Asian Gypsy Moth from foreign ports and to ensure that all incoming vessels from regulated ports have been inspected and certified free from the pest by a recognised authority. Marine vessels entering Canada without approved certification will be non-compliant and subject to regulatory action. More information on penalties associated with Asian Gypsy Moth regulation can be obtained from your Canadian ship agent. For information on obtaining approved certification in ports located in the regulated areas, please contact your agents in Russia, Japan, China and Korea.

Further information can also be obtained from Memorandum D-95-03: Plant protection policy for marine vessels arriving in Canada from areas regulated for Asian Gypsy Moth (Lymantria dispar, Lymantria albescens, Lymantri postalba, Lymantri umbrosa).

There are commercial reporting requirements for the movement and control of unreleased goods in Canada by carriers, freight forwarders and warehouse operators. Using information collected from Advance Commercial Information (ACI) and eManifest, the Canada Border Services Agency (CBSA) detects risks and makes decisions before shipments arrive at the border and/or are released into Canada. Carriers and freight forwarders must have a CBSA issued carrier code. Consult the Commercial Carrier and Freight Forwarder Identification and Eligibility for more information.

www.cbsa-asfc.gc.ca/services/carrier-transporteur/menu-eng.html

Carrier code holders must immediately advise the CBSA of any change to their legal entity, name, address and contact information.

Marine carriers transporting goods into Canada must transmit marine cargo and conveyance data to the CBSA within prescribed time frames prior to arrival or prior to loading (depending on the type and origin of goods). Refer to Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements to verify the specific time frames. cbsa-asfc.gc.ca/publications/dm-md/d3/d3-5-1-eng.html

All copies of the Form A6 will be date-stamped and signed by a Border Services Officer. The presence of the CBSA signature and date-stamp signifies acceptance of the inward report and is not to be considered a validation of all information of the form. A copy must be kept by the carrier as proof of report.

Cargo may only be discharged with CBSA permission as signified by the presence of a Border Services Officer's signature and date-stamp on the Form A6.

Normally, arrangements to clear a vessel in international commercial service can be made with the local CBSA office in advance, either by Agent or Master.

The Pre-arrival Notice must be submitted 96 hours prior to arrival with Crew List and Passenger List. Completed forms shall be submitted by fax or email to F: +1 (613) 960 1556. [email protected]

Copies of Pre-Arrival Notice can be obtained from the Canada Border Agency Service website at cbsa-asfc.gc.ca/publications/forms-formulaires/bsf732.pdf

Also see Pre-Arrival Information – Processing of Cruise Ships.

The PAIR can be sent electronically via email to one of the addresses specified below, and the email shall include vessel’s name and IMO number in the subject line and a copy of vessel’s ISSC included.

In the event that the CBSA is advised of a death or serious injury on board a vessel arriving in Canada, the Border Services Officer will promptly advise the appropriate police and health authorities, will authorise their embarkation on board the vessel at the earliest possible moment and will endeavour to assist them in carrying out an investigation of the incident and assist them in removing any injured or deceased persons. The Border Services Officer will remain responsible for maintaining control over the situation and ensuring that CBSA requirements are completed even if delayed.

Where it is determined that a certificate is not present, is invalid, or is likely to expire before the anticipated departure date, the Master will be informed of this fact as well as the nearest ships safety office. Appropriate operational steps will be taken to ensure that the vessel is not granted an outward clearance until such time as a valid certificate is presented.

At this time (until such a time that a valid certificate is presented), the CBSA performs the functions of the shipping Master at those locations where it is empowered to do so.

A full copy of Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements available at www.cbsa-asfc.gc.ca/publications/dm-md/d3-eng.html

In addition, the CBSA may request the following information:

Until an automated system is in place for the marine mode, it is essential that the Before Arrival Information – Cruise Ship Travellers be provided as far in advance as possible of the cruise ship's arrival to facilitate the movement of passengers and crew and their goods. Before Arrival Information – Cruise Ship Travellers should be provided a minimum of seven days in advance. An update/confirmed manifest must be provided as soon as the cruise ship departs the last foreign port before arriving in Canada.

In situations where a voyage is less than 96 hours in duration, the notice must be submitted at the time of departure from the last foreign port. Form BSF136, Cruise Ship Pre-Arrival Notice, must be forwarded securely to the CBSA electronically or by fax. Form BSF136 is available on the CBSA's website.

Form BSF136 should include the following information:

Additionally, completed Cruise Ship Passenger and Crew Manifests, for confirmed passengers, non-paying passengers and crew, should be submitted with the PAN 96 hours in advance or when the ship departs its last foreign port. If there are changes to the original submission of the Pre-Arrival Information, the new information (changes only) shall be submitted a minimum of 48 hours in advance. The NTC will notify the first port of arrival (FPOA) of any passengers that must be seen by the CBSA.

Form A6 must be presented to the CBSA at the time of inward report. At the start of the cruise ship season, the complete vessel itinerary should be attached to Form A6. The itinerary will consist of the vessel's destinations, including arrival and departure information. Form A6 is available on the CBSA's website.

At all subsequent ports of call, including the final port before the vessel exits Canada, a fax of Form A6 inwards and outwards is acceptable. For cruise ships that are fully cleared, and the port of exit is in a remote location in Canada, a fax of Form A6 must be sent to the closest CBSA district office where the cruise ship is exiting Canada.

When a border services officer believes that not all non-resident crew members are on board a vessel at the time that outward clearance is requested, a crew muster may be conducted.

For more information on the A6 outward report, refer to Memorandum D3-1-8  (Cargo – Export Movements).

A full copy of Memorandum D2-3-7,  Marine Operations – Canada Border Services Agency; Processing of Cruise Ships available at www.cbsa-asfc.gc.ca/

Marine Communications and Traffic Services (MCTS) provides vessel traffic services by exchanging information between ships and a shore-based centres. MCTS communicates traffic information to all vessels as well as monitoring vessel movements using VHF, AIS, surveillance radar in areas of high traffic density and Vessel Traffic Management Information System (VTMIS-INNAV). MCTS also provides the mariner with information pertaining to ice conditions, vessel routeing, icebreaker assistance and other Coast Guard services.

Ships must obtain clearance from Vessel Traffic Services prior to beginning a voyage in or passing through Canadian waters. Marine Communications and Traffic Services officers issue clearances after screening information.

Details of VTS systems in operation in Canada are available at

www.ccg-gcc.gc.ca/mcts-sctm/vessel-traffic-trafic-maritime-eng.html and

www.ccg-gcc.gc.ca/publications/mcts-sctm/ramn-arnm/part3-eng.html#35

Participation is mandatory.

ECAREG zone reports shall be communicated directly to ECAREG or to the nearest CCG MCTS Centre. All times given in ECAREG zone reports shall be Coordinated Universal Time (UTC).

Dependent upon the reporting requirement, various elements of the following may be required to be reported:

The following is also requested:

Prior to entering the zone, a report containing all the required information listed, except item j), shall be made 24 hours prior to entering the zone, or as soon as practicable where the ETA of the ship at the zone is less than 24 hours after the time the ship departed for the last port of call. This report is not required where:

Immediately before the ship crosses the zone boundary when entering the zone, a report containing the required information listed in a), b), d), h) and I) shall be made. This report is not required when entering directly from a local VTS zone.

On arrival at berth, a report containing the required information listed in a) and b), as well as the following information, shall be made:

When departing berth, a report containing the required information, except item a), shall be made two hours before a ship departs a berth. A traffic clearance to depart a berth is valid for one hour from the estimated time of departure. Where a traffic clearance to depart berth has expired because of a revised time of departure, a new traffic clearance is required. In this case, the report need only contain the ship's name, call-sign, position and revised time of departure. This report is not required where the ship is proceeding to another berth in the same port.

When exiting the zone, a report containing the required information listed in a), b), d) and h), shall be made immediately before the ship crosses the seaward boundary.

In a case where exiting a zone coincides with entering a local VTS zone, this report is not required. Procedures as local VTS zone reporting requirements shall be followed.

ECAREG reports for vessels entering Canadian waters and proceeding up to 66° W shall be sent to Halifax MCTS Centre T: +1 (902) 426 4956. F: +1 (902) 426 4483. [email protected]

ECAREG reports for vessels proceeding to west of 66° W or arriving at/departing from Quebec-based port in the Gulf of St Lawrence shall be sent to Les Escoumins MCTS Centre T: +1 (418) 233 3483. F: +1 (418) 233 3299. [email protected]

Participation is mandatory.

NORDREG reports shall be addressed to NORDREG CANADA and communicated either directly to NORDREG CANADA or to the nearest CCG MCTS Centre. All times indicated in NORDREG reports shall be in Coordinated Universal Time (UTC). The Master of a ship shall ensure that these reports are made in accordance with the stated requirements.

The waters of Kugmallit Bay and MacKenzie Bay are considered part of the Northern Canada Vessel Traffic Services (NORDREG) zone. A final report must be submitted to NORDREG CANADA by vessels southbound in Kugmallit Bay to MacKenzie River at mile 1081, which is marked by Kittigauzit Bay Lightbuoy LL 1816 Mo(A) in position 69° 24.00′ N, 133° 38.00′ W. Vessels northbound from the MacKenzie River to Tuktoyatuk or the Beaufort Sea or northbound from Shallow Bay must submit a sailing plan report to NORDREG CANADA.

The information requested from the ships is derived from the standard reporting format shown in International Maritime Organization resolution A.851(20) – General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants.

Every report shall begin with the term “NORDREG” (system identifier) and be followed by whichever of the following two letters corresponds to the report:

The report must include the applicable designators followed by the information required in accordance with Table 3-1 – NORDREG Zone Report: Designators and Information Required available at

www.ccg-gcc.gc.ca/publications/mcts-sctm/ramn-arnm/docs/ramn-arnm-2022-eng.pdf

When a vessel is about to enter the NORDREG Zone, a sailing plan report (SP) shall be provided and must include the following SRS Items: A, B, C or D, E, F, G, H, I, L, O, P, Q, S, T, W, and X.

Participation is mandatory.

The VTS Offshore report shall be communicated directly to Prince Rupert MCTS Centre or to the nearest CCG MCTS Centre. Dependent upon the reporting requirement, various elements of the following may be required to be reported:

The following is also requested:

Send the VTS Offshore Report to one of the following: [email protected] T: +1 (250) 627 3071. or via a Canadian Coast Guard MCTS Centre, free of charge.

When conducting ballast water exchange in order to meet the provisions of the Regulations, Part A of the IMO Guidelines for Ballast Water Management and Development of Ballast Water Management Plans and the IMO Guidelines for Ballast Water Exchange should be followed.

The Regulations specify the procedures that must be followed for vessels on transoceanic and non-transoceanic voyages, including the recognition that under certain circumstances, for reasons of safety, equipment failure or practicality, the preferred option for management of ballast water may not always be possible. In these cases, those alternatives that are acceptable have been identified, particular to specific voyages. Cases where exchanging ballast would be impracticable, such as where the voyage was not of sufficient length in waters suitable for exchange, shall be considered exceptional circumstances and the authorities shall be notified.

In cases where the preferred option or alternatives are not complied with, the Master should be able to provide clear proof of why compliance was not possible. bit.ly/3F9nKf2

bit.ly/48LDK4p

For full details contact Environmental Protection, Transport Canada, Tower C, 10th Floor, Place de Ville, Sparks Street, Ottawa, Ontario, K1A 0N8, Canada. T: +1 (613) 991 3135. F: +1 (613) 993 8196. [email protected]

The Canadian Coast Guard leads the response to ship-source oil spills in Canadian waters, including the Arctic. It works with Transport Canada, Environment Canada, response organisations (see below) and other agencies to reduce pollution from ships. Polluters are liable for paying for spills from their vessels.

Vessel operators must have oil pollution emergency plans on board. Vessels travelling south of 60 degrees north latitude must also have a contract with an oil spill response company (response organisation) certified by Transport Canada.

In the event of an environmental emergency, the closest regional Canadian Coast Guard station must be contacted:

In Canada, there are four certified response agencies.

The Canadian authorities have not changed their restrictions with respect to Ice Class in Safety Control Zones, and these restrictions still apply to all ships.

www.canada.ca/en/services/environment/weather/other-services.html

A reasonable quantity of liquor and tobacco products may be left unsecured or unsealed for the personal use of the Master or senior ship’s officers. These quantities are to be recorded on Form E1. A reasonable quantity is defined in the Ship’s Stores Regulations. laws-lois.justice.gc.ca/eng/regulations/sor-96-40/FullText.html

Goods for sale or distribution to members of the crew and not to be landed shall be secured or sealed in the same manner as ships' stores and remain secured or sealed until the ship clears for a foreign destination. These goods shall be listed on a separate sheet in triplicate by the Master or other authorised ship's officer and the sheet attached to Form E1. The location of the goods shall be noted on Form E1.

Duty paid goods delivered as ships' stores may be eligible for a refund or drawback under the provisions of Memorandum D7-4-2, Duty Drawback Program. www.cbsa-asfc.gc.ca/publications/dm-md/d7/d7-4-2-eng.html When such stores are delivered to a ship, a copy of Form K36A, Ships Stores Declaration and Clearance Certificate, is retained by the Master and filed with Form E1 and Form BSF552.

Occasionally, foreign ships may carry animals as a supply of fresh meat; these animals shall be listed on Form E1. These animals shall not be removed from the ship while in Canada.

Pets belonging to crew members shall be listed by species on Form BSF552 opposite the name of the individual owner. These pets shall not be removed from the ship while in Canada.

A crew member may bring personal items ashore without producing evidence that each article is duty paid, but a check of these articles may be conducted prior to the departure of the ship to ensure their exportation. Items declared on Form BSF552 which are subsequently duty paid are deleted from the list, and the date and number of the relevant accounting document (Form B15, Casual Goods Accounting Document) are noted on Form BSF552.

When crew members sign off a ship in a Canadian port, any goods in their possession are subject to accounting in the normal manner. Returning Canadians may claim residents' or returning former residents' privileges and foreign crew members may apply for either temporary importation or settler's effects privileges. For additional information on Settler's effects, please consult Memorandum D2-2-1, Settlers’ Effects – Tariff Item No. 9807.00.00 www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-2-1-eng.html

The attendance of a CBSA officer may be required when cigarettes, cigars, tobacco, wine, spirits and narcotics are laden on board a ship as ships' stores. It is the responsibility of the vendor, chandler, or transportation company to make any necessary arrangements with CBSA in order to have the services of a CBSA officer approve delivery, and to verify the quantities, sign the accounting document and place the goods under seal, if required. These arrangements should be made no less than 24 hours before the service is required.

Normally, narcotics as medical stores are held in the ship's safe under the direct control of the Master or ship's doctor. The quantity of narcotics and the location of the safe must be noted on Form E1.

The Master or other authorised ship's officer may release a reasonable quantity of tobacco products and spirits for the immediate use of the officers and crew. The quantities issued shall be listed on Form E1. Normally, such issues are made on a weekly basis.

Supplies of wine used as a table beverage need not be secured or placed under seal. Form E1 shall indicate the quantity of such wine on board and the location of the bottles, storage tanks or barrels.

Supplies of beer and ale need not be secured or placed under seal when the ship is departing on a foreign voyage directly from the port of lading. When a ship is to call at another Canadian port on the outward voyage, only 8.2 litres (288 ounces) for each crew member may remain unsecured or unsealed. Appropriate notations should be made on Form E1, to indicate the quantities laden on board and the portion left unsecured or unsealed.

The declaration and receipt forms on the reverse side of the, Form B60, Excise Duty Entry, shall be properly completed when excisable goods are delivered as ships' stores.

Ships' stores paint may be released to a ship's crew or, in the case of a drydocked ship, to the shipyard for painting of the ship. The quantity of paint released shall be noted on Form E1 as it is removed for use.

When a ship intends to call at a non-CBSA port after reporting outward, a reasonable quantity of stores may be issued for the period preceding the actual departure from the non-CBSA port. Remaining ships' stores shall be secured or sealed.

Stores may be checked at each port of call of a ship engaged in international trade.

Immigration, Refugees and Citizenship Canada (IRCC) is the organisation responsible for determining admissibility to Canada. The IRCC is responsible for establishing policies regarding the admissibility of foreign nationals to Canada and related visas, work permits, study, visitor, temporary, and resident applications. The CBSA is responsible for administering and enforcing IRCC policies as they apply at the border. When you enter Canada, a CBSA border services officer (BSO) may ask to see your passport and a valid visa, if one is necessary. The burden of proof rests with the foreign national seeking entry to Canada to satisfy the BSO they are admissible in accordance with the Immigration and Refugee Protection Act and Regulations. Complying with documentary requirements does not guarantee entry into Canada.

Visitors to Canada should have proper travel documents and must also be admissible to Canada under Canadian immigration laws. This documentation may include any related contracts, a letter of introduction from the foreign based company, and a letter of invitation from the Canadian company (if applicable). Most people need a visa or an Electronic Travel Authorization (eTA) to travel to Canada - not both. Some people may need a work permit. Some people may only need their valid passport. Please note that the travel documents you need will depend on where you are from, how you are travelling, and what documents you are travelling with. For further detailed information please consult entry requirements by country at bit.ly/45mrapw

A person could be inadmissible and refused entry into Canada if they have committed a criminal offense. Normally, if you are inadmissible to Canada, you will not be allowed to enter. If you have a valid reason to travel to Canada, we may issue you a temporary resident permit. If you have committed or been convicted of a crime, you have a few options. If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada. But as of March 1, 2012, you may be able to get a temporary resident permit for one visit without paying the CAD200 processing fee.

Note that there are several factors that BSOs must take into account before determining whether a person is admissible into Canada, and each person will be dealt with on a case-by-case basis. The burden of proof rests with the foreign national seeking entry to Canada to satisfy the BSO they are admissible in accordance with the Immigration and Refugee Protection Act and Regulations. Complying with documentary requirements does not guarantee entry into Canada.

If you have additional questions regarding the admissibility of persons to undertake the activities you have described, including work permits, we recommend that you visit the IRCC website www.canada.ca/en/immigration-refugees-citizenship.html . You may also wish to contact the IRCC, an IRCC Visa office outside Canada, or a Canadian embassy, high commission or consulate for information on what you will need before coming to Canada. Within Canada you may telephone the IRCC directly at T: +1 888 242 2100.