Transport Canada News

Transport Canada Notice to industry
re Canada’s Ratification of the Bunkers Convention

Posted: December 23, 2009

To whom it may concern:

On December 1, 2009, the attached Notice to Industry was issued by Transport Canada informing shipowners and operators of Canada's ratification of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention). Upon its coming into force in Canada on January 2, 2010, all ships over 1000 gross registered tonnes that carry bunker oil are required to carry a Certificate of Insurance or Financial Security (Bunkers Certificate) in accordance with the Marine Liability Act and the Bunkers Convention. In order to obtain a Bunkers Certificate, an appropriate evidence of insurance or financial security must be demonstrated by the shipowner or operater, usually in the form of a "Blue Card" from a P&I Club or other insurer.

Please note the following important information:

• All ships of any type that are over 1000 gross registered tonnes and carry bunker oil are required to carry a Bunkers Certificate. This applies to all Canadian ships operating in the United States or overseas.
• Canadian-registered ships who already posess a Bunkers Certificate from another state are required to replace it with obtain one from Canada.
• Ships that are layed-up are required to carry a Bunkers Certificate.
  
• Barges that carry fuel onboard are required to carry a Bunkers Certificate.
  
• Foreign-flagged ships calling at Canadian ports or terminals are required to carry a Bunkers Certificate from any of the states who are party to the Convention, including Canada.
• Tankers are required to carry both a Bunkers Certificate and a Civil Liability Convention (CLC) Certificate.
  
• Ships under construction require a Bunkers Certificate to undergo sea trials.
  
• The Bunkers Certificate must be carried onboard the ship.
  
• Ships without a Bunkers Certificate may be subject to the enforcement and offences provisions under the Marine Liability Act.

Should you not have applied for a Certificate with Transport Canada, it is recommended that you do so as soon as possible. Further information and the application process can be found at the following website: www.tc.gc.ca/marineinsurance-assurancemaritime