Annex A Existing Agreements and Memoranda of Understanding

A.1 International Agreements

• International Boundary Waters Treaty, 1909
• Great Lakes Water Quality Agreement, 2012
  • Pursuant to the agreement, the Canadian and United States Coast Guards are responsible for the development of a Marine Spills Contingency Plan.
•  Canada-United States Marine Spills Contingency Plan (PDF, 1.2 MB)
  • 2013 revised Joint Contingency Plan is intended to provide non-binding guidance to the Canadian and United States Coast Guards, and other appropriate authorities, in coordinating preparedness and response operations.
• Canada-Denmark Agreement for Cooperation Relating to the Marine Environment
  • Annex B: Joint Contingency Plan concerning pollution incidents resulting from shipping activities.
• Canada-France Administrative Arrangement Establishing the Canada-France (Saint-Pierre et Miquelon) Joint Marine Contingency Plan
• Arctic Environmental Protection Strategy
  • Signed declaration in June 1991 with the seven other circumpolar countries concerning the protection of the Arctic environment and international cooperation in emergency prevention, preparedness and response.
• Declaration on the Establishment of the Arctic Council
  • Signed on September 19, 1996 by Canada and the seven other circumpolar countries. This declaration establishes the Arctic Council as a high-level forum to oversee and coordinate the programs under the Arctic Environmental Protection Strategy (AEPS), including Emergency Prevention, Preparedness and Response.
• Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic
  • Signed on May 15, 2013, by Canada and 7 other circumpolar countries. This agreement strengthens cooperation, coordination and mutual assistance among the parties on oil pollution preparedness and response in the Arctic in order to protect the marine environment from pollution by oil.
•  International Convention on oil pollution preparedness, response and cooperation, 1990 (PDF, 809 KB)
  • Contracting States to the International Convention, Oil Pollution Preparedness, Response and Cooperation, Convention (1990) are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
• Civil Liability Convention
  • The International Convention on Civil Liability for Oil Pollution Damage (CLC) (1992) covers those who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships. The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged. The 1992 protocol widened the scope of the Convention to cover pollution damage caused in the exclusive economic zone (EEZ) or equivalent area of a State Party.
• International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND)
  • The purposes of the Fund Convention are:
    • to provide compensation for pollution damage from tankers to the extent that the protection afforded by the International Convention on Civil Liability for Oil Pollution Damage (1969) and its protocol is inadequate. It also gives relief to shipowners in respect of the additional financial burden imposed on them by the 1969 Civil Liability Convention, such relief being subject to conditions designed to ensure compliance with safety at sea and other conventions; and
    • to give effect to the related purposes set out in the convention.
• 1992 Fund Convention and Supplementary Fund Protocol
  • The aim of the established Fund is to supplement the compensation available under the 1992 Civil Liability and Fund Conventions with an additional, third tier of compensation. The Protocol is optional and participation is open to all States Parties to the 1992 Fund Convention.
• Bunkers Convention
  • The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) was adopted to ensure that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil when carried as fuel in ships' bunkers.

A.2 Memoranda of Understanding and Letters of Agreement

• Fisheries and Oceans Canada – Transport Canada
  • Memorandum of Understanding between: Transport Canada and Fisheries & Oceans Canada Respecting Marine Transportation Safety & Environmental Protection (1996). This Memorandum of Understanding provides an administrative framework that ensures a coherent and consistent approach to all aspects of marine transportation safety and environmental protection. It also clarifies each department’s roles and responsibilities with respect to marine pollution and the environment.
• Resource Transfer Agreement between the Department of Fisheries and Oceans/Canadian Coast Guard (DFO/CCG) and Transport Canada (TC) Respecting Transfer of Marine Safety Policy Responsibilities (2005). The provisions of the 1996 MOU that are not affected by this MOU remain valid. This agreement provides a framework for cooperation subsequent to the transfer of responsibilities, personnel and resources from Fisheries and Oceans Canada to Transport Canada and clarifies each department’s responsibilities resulting from the transfer.
• Fisheries and Oceans Canada – Environment and Climate Change Canada(formerly Environment Canada)
  • Letter of Agreement Respecting Transfer of Responsibility for Mystery Spills from Environment Canada to the Canadian Coast Guard/Fisheries and Oceans Canada. This is a Letter of Agreement transferring lead agency responsibility for mystery spills in waters of Canadian interest to the Canadian Coast Guard (1996).