Canada: Changes to "Marine Occurrence" reporting requirements


Published: 14 July 2014

The development

Members trading to or from Canada, or otherwise operating in Canadian waters, should note that as of 1 July 2014 new rules have come in to force that regulate the reporting of "Marine Occurrences" that happen within the waters of Canada.

If any of the following were to occur, the same must be reported without delay:

i. death or serious injury
ii. persons overboard
iii. sinking
iv. collision (or risk thereof)
v. foulings
vi. shifting of cargo
vii. cargo overboard
viii. release of dangerous good

Further details of the development and the powers of investigation of Canadian Authorities can be found in the attached note from Messrs. Bernard LLP.

Loss prevention advice

Should any serious incident happen to a member's vessel then the Association would ask members and masters to report the event soonest. In case of emergencies, members and masters should seek to contact the local correspondents without delay.

If a vessel is contacted by authorities and informed that interviews are to take place, urgent contact should be had with the Association. While under Canadian law it is possible to have legal counsel attend and assist the person(s) being interviewed, this is not the case in some other jurisdictions and it will be necessary to consider the specific law and practice of the locale where the incident took place. The Association and its correspondents are experienced in assisting members in this regard.

The Association is grateful to Messrs. Bernard LLP, Vancouver for contributing to this update.