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The Honourable Marc Garneau the Honourable Bernadette Jordan

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The Honourable Marc Garneau the Honourable Bernadette Jordan May 06, 2020 To: The Honourable Marc Garneau The Honourable Bernadette Jordan Minister of Transport Minister of Fisheries, Oceans and the Canadian Coast Guard House of Commons House of Commons Ottawa, ON K1A 0A6 Ottawa, ON K1A 0A6 [email protected] [email protected] Sent via email Re: Response to a ban on the use and carriage of heavy fuel oil as fuel by ships operating in Arctic waters Dear Honourable Ministers: We are pleased to provide you with a Nunavut-based perspective on draft MARPOL amendments prohibiting the use and carriage for use as fuel of heavy fuel oil by ships in Arctic waters agreed upon at the International Maritime Organization’s 7th Session of the Marine Environment Protection Committee’s Sub-Committee on Pollution Prevention and Response (PPR7). As you are likely aware, the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada (Nunavut Agreement) was negotiated to provide certainty and clarity of rights for Inuit to participate in decision-making concerning the use, management and conservation of land, water and resources, including the offshore. Our collective perspective reflects our mandates as institutions of public government which are, respectively, responsible for the management and regulation of wildlife, land use, development impacts, and inland waters within the Nunavut Settlement Area. Pursuant to section 15.4.1. of the Nunavut Agreement, we are also mandated to advise and make recommendations to government agencies regarding marine areas as the Nunavut Marine Council (NMC or Council), with Government required to consider the Council’s advice when making decisions which affect marine areas. Recognizing our commitment to the ongoing protection and wise use of marine areas for the long- term benefit of Inuit, Nunavummiut and Canadians in a manner consistent with the principles of Inuit Qaujimajatuqangit and the Nunavut Agreement, the Nunavut Marine Council acknowledges the benefits of the ban on the use and carriage of heavy fuel oil (HFO) as fuel by ships operating in Arctic waters. Given the benefits of such a ban, the NMC recommends that the 10-year timeline between the proposed MARPOL amendments and the prohibition be reconsidered in order for those benefits to be applied in a more timely manner. Page 1 of 2 We also recognize the potential adverse economic implications of the HFO ban for Arctic communities and local development. Although not addressed specifically in Canada’s submission to PPR7, the Council strongly encourages the Government of Canada to confirm its intention to develop measures to offset the adverse economic implications of the HFO ban. The NMC further respectfully recommends that the Canadian Coast Guard, as the agency responsible for spill response in the Canadian Arctic, improve its spill response capacity in light of the change in types of fuel used in the Canadian Arctic associated with an HFO ban. While the ban of HFO is beneficial for the marine environment and the people that rely on its resources for subsistence, ship-source spills of any fuel type in the Canadian Arctic will have deleterious effects and more robust and specific spill response capacity is needed to mitigate those effects. This recommendation echoes a recommendation made by the Tanker Safety Expert Panel in 2015 that calls for the Government of Canada to “regularly review and adjust its Arctic spill preparedness and response requirements and capabilities over the longer term.” While the ban on HFO is an important step forward, the focus should not be taken away from the gaps that exist in spill response in the Arctic and a change in fuel use in Arctic waters provides the Government of Canada with an important opportunity to appropriately review and adjust its response capabilities. Carbon-based fuels will continue to pose a risk in different forms following a ban. A review is needed of how impacts of HFO and distillate spills differ and how Canada will prevent, respond to and mitigate those effects. If you have any questions or require additional clarification regarding this correspondence, please contact the NMC directly by email at [email protected]. Sincerely, Andrew Nakashuk Lootie Toomasie Chairperson Chairperson Nunavut Planning Commission Nunavut Water Board Daniel Shewchuk Marjorie Kaviq Kaluraq Chairperson Chairperson Nunavut Wildlife Management Board Nunavut Impact Review Board cc: The Honourable Joe Savikataaq, Premier of Nunavut The Honourable David Akeeagok, Minister of Economic Development and Transportation Aluki Kotierk, President, Nunavut Tunngavik Inc. Lisa Koperqualuk, Vice-President, International Affairs, Inuit Circumpolar Council Canada Page 2 of 2 .
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