Inuit Rights and Arctic Marine Shipping

This story map shares just a few of the many regulations, policies and programs governing commercial vessels operating in Nunavut water.

Explore the Story Map in Other Languages

Pangnirtung, Nunavut

Introduction

For many Nunavummiut – the Inuit residents of Nunavut – the open-water season means long days over a few short summer months spent fishing, harvesting, and boating with family and friends. An ice-free ocean also means increased marine traffic, some expected and others not.

Art by Aija Komangapik

This story map is designed to share a few of the many regulations governing commercial vessels operating in waters near Nunavut ensuring coastal communities have the information they need to engage in co-management of these resources and have informed conversations about issues.

Designed as an easy-to-follow guide, it was created by  Clear Seas Centre for Responsible Marine Shipping  (Clear Seas), an independent research centre that supports safe and sustainable marine shipping in Canada, based on research conducted by Dalhousie University in partnership with the Government of Nunavut and funded by Fisheries and Oceans Canada. Clear Seas is supporting this work to share the results with coastal communities.

This research and the resulting story map would not exist without the time and expertise of many Inuit knowledge holders and artists. We are grateful to the participants for sharing their Inuit Qaujimajatuqangit (Inuit ways of knowing).


About this Story Map

This story map shares just a few of the many regulations, policies and programs governing commercial vessels operating in Nunavut waters and adjacent marine areas. Understanding the legal framework for commercial vessels will support ongoing dialogue on the regulatory gaps and risks impacting communities and local coastal activities. Priorities for shipping legislation and coastal co-management must be reflective of and responsive to community concerns and livelihoods and the long-term health of marine species and their habitats.

The maps presented below highlight issues that emerged as recurrent themes or information requests during Coastal Restoration Nunavut (CRN) community engagement sessions. Prior to publication, the research team held a teleconference with Hunters and Trappers Association (HTA) members from across the territory to review the relevance, usability and utility of the maps and guidebook.

In addition to the maps on this site, participants suggested infographics on the impacts of noise pollution and anchorages, and ways other jurisdictions have identified and addressed those impacts through legislation, recommendations, or significant area designations.

Clear Seas provided funding to ensure the research was mobilized and accessible to the community. The research team,  Coastal Restoration Nunavut , who completed this work is funded by Fisheries and Oceans Canada and delivered by Dalhousie University in partnership with the Government of Nunavut. Coastal Restoration Nunavut and Clear Seas would especially like to thank the many Inuit knowledge holders and artists who provided their time and expertise to the project.


Foreword

With Increased Shipping, a Traditional Way of Life is Threatened

Arctic Char (Salvelinus alpinus)

The open-water season is an exciting time in Nunavut, welcoming the seaward migration of arctic char and many summering marine mammals, like beluga, bowhead, and narwhal. Walrus are often found basking along islands and shallow coastlines under the midnight sun, while ringed seals forage throughout the open water. For many Nunavummiut, the open-water season means long days but short months spent fishing, harvesting, clam-digging, berry-picking and boating with family and friends.

An ice-free ocean also means increased marine traffic, some expected and others not.  Sealift vessels  bring much-needed supplies to Nunavut communities, all 25 of which are only accessible by air (or snowmobile) during the Arctic winter. Cruise ships, general cargo, tanker ships, sailboats and pleasure craft are seen in and around the territory as early as June and as late as November. Commercial inshore and offshore fishing vessels, as well as government vessels like  ice-breakers  and coast guard ships, are also familiar fixtures north of 60. These ships “support community re-supply (food, fuel, and goods), construction (community-based and mines), local economic activities (tourism, mining, fishing), and cultural livelihoods (traditional activities and [small-scale] harvesting).” 1 

As declining sea ice extends the open-water season and more ships steer northward, many communities are worried about the impacts on their pristine, productive waterways. Residents want more input on shipping activities and regulations in the Nunavut Settlement Area and adjacent marine boundary. This story map provides an overview of the existing governance framework for polar shipping and shares some of the ways various vessels are governed in the Canadian Arctic.


Oil Spill Response

The Canadian Coast Guard is the lead agency responsible for  oil spill response and preparedness  in the Arctic. Emergency planning and risk management, however, requires coordination between municipal (Hamlet), territorial and federal representatives. 2 

In the interim, communities may:

  • Advocate for a Shipboard Arctic Spill Response Plan aboard all commercial vessels navi­gating the region
  • Map and/or document available response options and vessels
  • Develop local Oil Pollution Emergency Plans

Currently, the primary oil products carried as cargo in the Arctic are marine diesel, gasoline and jet fuel, all of which are non-persistent oils (non-persistent oils often evaporate within one to two days and many do not leave a residue after evaporation). Crude oil is not transported as cargo in the Arctic.

Because there are no operational deep-water ports in Nunavut communities to date, fuel supplies are transferred from tankers to land-based storage tanks via floating fuel hoses or barges. Barges are then beached during the transfer of fuel to on-land storage tanks and tank farms.

In Canada, most  ship-source oil spills  are from fuel oil, not cargo oil. 3  While in transit, vessels may burn  heavy fuel oil , intermediate fuel oil, marine diesel and/or marine gasoline. 4 

Locations of land-based spill response equipment

Barriers to a Successful Emergency Response 5 

  • Communication
  • Arctic environment/weather
  • Inadequate equipment/maintenance
  • Access/transport to spill site
  • Storage and disposal

Opportunities for a Successful Emergency Response In 2021, eight Canadian Coast Guard (CCG) vessels patrolled the Arctic. 6  All CCG icebreakers working in Nunavut and adjacent waters are equipped and ready to deal with emergencies, including marine pollution incidents.

A successful emergency response will rely on effective communication and site accessibility. With regional waters spanning the Arctic Archipelago, Hudson Bay, James Bay and Ungava Bay, federal response times may be inadequate. To address this reality, the Canadian Coast Guard is bolstering the local capacity to respond to emergencies and pollution incidents across the territory.

A Coast Guard Auxiliary is made up of local volunteers who use their own vessels to respond to open-water emergencies and marine search and rescue efforts. 7  They receive training and equipment from the CCG. An inshore rescue boat station is equipped with a seven to ten metre rescue craft capable of operating at speeds of up to 40 knots. 8 

Canadian Coast Guard Auxiliary program locations

Reporting a Marine Spill (Federal) Canadian Coast Guard Arctic Region: 1-867-979-5269 (24 hours/day) In all regions, marine pollution incidents may also be reported by contacting a Marine Communication and Traffic Services (MCTS) office on VHF channel 16. For areas not covered by VHF channel 16, such as the high Arctic, incidents may be reported through MF (medium frequency) and HF (high frequency) communications.

Reporting a Shoreline Spill (Territorial) If you encounter evidence of a fuel or other contaminant spill, report it to the 24-hour spill line.

If you are responsible for a fuel or contaminant spill over 100L, or if you do not know how much has spilled, you are legally required to report it. 9  To report a spill, call 867-920-8130, 24 hours/day. You may also complete the form available on page 24 of this guidebook (Appendix 1) or  here.  Fax the completed form to 867-873-6924 or e-mail spills@gov.nu.ca In addition, you may contact the Conservation Officer in your community for assistance.

Pond Inlet, Nunavut


Search and Rescue

The Canadian Coast Guard (CCG) works closely with the Department of National Defense (DND) and the volunteers of the Coast Guard Auxiliary to carry out  marine search and rescue  (SAR) and maritime incident response. 10 

Art by Isaac Demeester

The territory’s Marine Communications and Traffic Services (MCTS) office, which is based in Iqaluit, “monitors all Arctic shipping, receives all marine communications (including distress calls), and must inform all responsible parties in the event of a marine disaster.” 11 

When a distress incident occurs, the MCTS then follows a very precise communications plan.

When a search and rescue distress incident occurs, the MCTS helps with communication between JRCC Trenton or JRCC Halifax and the RCMP, the Hamlet (senior administrative officer and/or mayor), and the Hunters and Trappers Association (HTA).

If a community is notified of a search and rescue distress incident prior to MCTS, the Hamlet and/or HTA is responsible for contacting the Joint Rescue Coordination Centre (JRCC) Trenton or JRCC Halifax.

JRCC Trenton 1-800-267-7270 or 1-613-965-3870 JRCC Halifax 1-800-565-1582 or 1-902-427-8200 (Note: 1-800 numbers may not work via satellite phone).

In the interim, communities may:

  • Advocate for an increased number of Canadian Coast Guard Auxiliary units in Nunavut
  • Mandate annual SAR training for Hamlet staff and HTA members
  • Provide the CCG SAR with current information for community resources (e.g., Guardians, Monitors)
  • Before going on the water, file a sail plan with the Hamlet or HTA and carry a communications device and current emergency numbers (a sail plan should include where you are going and when people should hear back from you)
  • If in distress, call JRCC as soon as possible

Locations of Canadian Coast Guard Auxiliary units


Vessel Anchorage

An  anchorage  is a suitable area in which to anchor a vessel. The right to anchor a vessel is part of the common law right of navigation. 12 

Vessels are free to anchor temporarily wherever it is safe and for a reasonable period of time in any appropriate location, unless specifically prohibited by statute or regulation. 13  The limits of ”temporarily” and “reasonable” are not defined or mandated by Transport Canada.

The Canada Shipping Act, 2001 and its regulations govern vessels at anchor. Transport Canada enforces these regulations.

Apex, Nunavut

The Captain of the Vessel is Responsible for:

  • Selecting a safe anchorage
  • Ensuring the vessel’s safety at all times

Within a port boundary,  Canada Port Authorities  direct vessels where to anchor, and for how long, within their jurisdictions. Currently, no port authorities exist in Nunavut. As such, Canada has no formal process to identify anchorages and guide the behaviour of vessels anchored outside port boundaries in the territory.

In the interim, communities may:

  • Develop a process to identify recommended anchorage sites
  • Analyze and respond to environmental, economic and cultural concerns and impacts from non-local anchorage
  • Draft a manual of best practices for ships at anchor
  • Propose oversight/management options for non-local anchorage
  • Identify which conditions deem anchorage unsafe and/or temporary

Locations of active or announced small craft harbours and ports


Vessel Discharges

Sewage Canada’s Arctic Shipping Safety and Pollution Prevention Regulations ban the  discharge of any waste  into Arctic waters except untreated sewage. The Act applies to waters north of 60 and up to 200 nautical miles from the shoreline. Untreated sewage cannot be discharged within 12 nautical miles from any ice-shelf or fast ice (ice attached to land), whereas treated sewage cannot be discharged within 3 nautical miles. No sewage can be discharged if the ice coverage exceeds 10% of open waters.

Garbage Garbage is considered a waste stream and discharges are prohibited. Discharges of broken up or ground food waste (particles must be finer than 2 mm, or one inch - the size of a loonie or bottle cap) are permitted if 12 nautical miles or more from the nearest land, ice-shelf or fast ice and must not be mixed or contaminated with other garbage.

Other Discharges Most visible water discharges are part of regular operations and are permitted, including cooling or recirculation water (such as water used to cool the engine) and/or bilge water, the latter of which is any fluid that collects in the bilge of a ship. Discharges of deck and external surface wastewater and cargo hold wastewater are also permitted.

Grey water is any domestic wastewater (drainage from sinks, laundry machines, bathtubs, shower stalls or dishwashers) with the exception of sewage and drainage from machinery spaces or workshop areas. Grey water discharges are not explicitly defined in Arctic regulations as a waste stream and are thus not explicitly prohibited either. 14  

The federal government has limited vessel capacity to enforce the prevention of ship-source discharges in Nunavut. Illegal or suspicious discharges, such as oil or oily water, may be reported to your local conservation officer or the RCMP.

Maritime boundaries

What is Ballast Water? Ballast is any substance used onboard a vessel to regulate stability and movement. To achieve a safe weight-to-volume ratio, unloaded vessels will pump water from one port into ballast water tanks onboard, and then release the ballast at a receiving port to adjust for cargo gains. 15  Thousands of aquatic species may reside and survive in  ballast water , including bacteria and other microbes, micro-algae, and various aquatic plants and animals. These  foreign species  can cause permanent damage to local marine ecosystems and economies as well as the many coastal resources and services valued by communities.

Current Regulations  Canada’s Ballast Water Regulations  (updated in June 2021) restrict ballast water discharges to prevent the introduction of harmful aquatic species to local marine ecosystems. Ballast water introduces and transfers a third (at minimum) of all known marine invasions in Canada and abroad. 16  The new regulations mark a transition from the traditional method of ballast water management (the exchange of ballast water in mid-ocean, or more than 200 nautical miles from shore) to the use of a modern ballast water management system and an approved ballast water management plan.

Art by Elaine Sulak

Ballast Water Use in Nunavut Merchant vessels (bulk carriers, cargo ships, oil tankers) are the only vessels with regular ballast discharges in Nunavut waters. 17  Few foreign species have been detected in the marine environment to date, even though several have been documented in the ballast tanks of vessels that transit the Canadian Arctic.

By September 2024, all vessels operating exclusively in Canadian waters (if 50 metres in length or longer and built after 2009) must install a ballast water management system onboard, which cleans ballast water of foreign species prior to release. Older, non-transoceanic vessels are exempt until 2030.

Ballast Water Exchange Locations If harsh weather or other safety concerns prevent mid-ocean exchange offshore, ships may conduct their exchange in an alternate ballast water exchange zone (ABWEZ) within the exclusive economic zone (EEZ) of Canada. 18 

If a vessel enters the Eastern Arctic, ballast water must be exchanged in an area where the water is more than 1,000 metres deep and 50 nautical miles or more away from shore. If a vessel enters the Western Arctic, ballast water must be exchanged in an area where the water is more than 100 metres deep and as far away from shore as possible.

Locations of alternate ballast water exchange zones


Navigation Rights

Federal maritime law protects the public right of navigation, which gives people free and unobstructed passage through navigable waters.

In accordance with international law, 19  foreign-flagged vessels enjoy the right of innocent passage through Canada’s territorial sea, and the right of freedom of navigation seaward of this 12-nautical mile limit.

Under innocent passage, vessel activities must not impact the peace, good order or security of the coastal state, and foreign fishing, research, resource extraction, and acts of willful and serious pollution are prohibited.

Under transit passage, submarines and other vehicles may also operate underwater rather than above the surface. Passage under both must be “continuous and expeditious,” even though stopping and anchoring outside internal waters is permitted if necessary for safe voy­age and navigation.

The NORDREG zones were established under the Northern Canada Vessel Traffic Services Zone Regulations and extend to the seaward 200-nautical mile limit of Canada’s Exclusive Economic Zone (EEZ). Under these regulations, certain vessels must report information before entering, while navigating within, and upon exiting Canada’s northern waters. Information reported includes current position, course, speed, ice encounters, intended route and compliance with pollution prevention regulations, including ballast water.

Ships of all nations must meet Canadian standards for hull strength and engine power before entering a NORDREG zone, and compliant ships often leave the NORDREG zone within the time period set for safe navigation.

The Marine Safety Branch of Transport Canada also requires proof of insurance coverage for ships carrying any form of pollutant in large quantities, whether as cargo or fuel. This insur­ance is in addition to the international regime that provides insurance coverage for tankers laden with cargo.

Northern Canada Vessel Traffic Services Zone: Most ships must report to Transport Canada prior to entry/exit

Conclusion

Art by Elaine Sulak

This story map provides an overview of the governance of commercial marine shipping in the waters near Nunavut. This guide is intended to make the regulations around marine shipping in these sensitive waters more accessible to communities in Nunavut. This would not have been possible without the active participation of many local residents and their input into the production of this material was important and greatly appreciated. The guidebook which the story map is based on can be accessed  here .


References

 1. Dawson, J., Copland, L., Mussells, O., and Carter, N. (2017). S hipping Trends in Nunavut 1990-2015: A report prepared for the Nunavut General Monitoring Program.    2. Transport Canada. (2019).  Preparedness and response for ship-source oil spills.     3. Clear Seas Centre for Responsible Marine Shipping. (2020a).  Responding to oil spills.     4. van Luijk N., Dawson J., & Cook A. (2020).  Analysis of heavy fuel oil use by ships operating in Canadian Arctic waters from 2010 to 2018.  FACETS, 5. 304-327.    5. WWF. (2017).  Oil spill response capacity in Nunavut and the Beaufort Sea.     6. Government of Canada. (2021).  Canadian Coast Guard completes 2021 Arctic operational season .    7. Canadian Coast Guard. (2021).  What is the Canadian Coast Guard Auxiliary?     8. Canadian Coast Guard. (2019).  Inshore Rescue Boat station locations.    9. Government of Nunavut. (n.d.)  Spill response.     10. Government of Canada. (2019).  Maritime Search and Rescue (SAR) in Canada.     11. Benoit, L. (2014). Perspectives on Emergency Response in the Canadian Arctic: Sinking of the MS ArcticSun in Cumberland Sound, Nunavut.  Part C: Findings of the Hypothetical Scenario. Munk-Gordon Arctic Security Program.     12. Transport Canada. (2020).  Understanding anchorages in Canada.    13. Clear Seas Centre for Responsible Marine Shipping. (2020b). Anchors away:  Understanding the issues about ships at anchor.     14. VARD. (2018).  Canadian Arctic grey water report: Estimates, forecasts, and treatment technologies.     15. Clear Seas Centre for Responsible Marine Shipping. (2021).  Ballast water management: Stopping the spread of invasive species by ships.    16. Stewart, D.B., Nudds, S.H., Howland, K.L., Hannah, C.G., and Higdon, J.W. (2015). An ecological and oceanographical assessment of alternate ballast water exchange zones in the Canadian eastern Arctic. DFO Canadian Science Advisory Secretariat. Research Document 2015/037.   17. Chan, F.T., Bronnenhuber, J.E., Bradie, J.N., Howland, K., Simard, N., and Bailey, S.A. (2012).  Risk assessment for ship-mediated introductions of aquatic nonindigenous species to the Canadian Arctic. DFO Canadian Science Advisory Secretariat.  Research Document 2011/105.   18. Goldsmit, J., Nudds, S. H., Stewart, D. B., Higdon, J. W., Hannah, C. G., & Howland, K. L. (2019).  Where else? Assessing zones of alternate ballast water exchange in the Canadian eastern Arctic . Marine Pollution Bulletin, 139, 74–9.   19. UN General Assembly. (1982).  Convention on the Law of the Sea.    20. Canada Border Services Agency. (2021).  Reporting requirements for private boaters.  

 Arctic Shipping Safety and Pollution Prevention Regulations (SOR/2017-286)   Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)   Ballast Water Regulations (SOR/2021-120)   Canada Shipping Act, 2001 (S.C. 2001, c. 26)   Northern Canada Vessel Traffic Services Zone Regulations (SOR/2010-127)   Shipping Safety Control Zones Order (C.R.C., c. 356) 

Inuit Rights and Marine Shipping Regulations in Arctic Waters

Copyright © 2022 Clear Seas Centre for Responsible Marine Shipping. All rights reserved.

Pangnirtung, Nunavut

Art by Aija Komangapik

Arctic Char (Salvelinus alpinus)

Pond Inlet, Nunavut

Art by Isaac Demeester

Apex, Nunavut

Art by Elaine Sulak

Art by Elaine Sulak