Question Period Note: Hazardous Vessel – Mortor Vessel (M/V) Zim Kingston

• The MV Zim Kingston incident was a complex response operation that highlighted the many challenges of marine container spills.
• We have learned much from the MV Zim Kingston and we have published the After-Action Report related to the incident.
• Investments from Budget 2022 in the renewal of the Oceans Protection Plan is strengthening the Canadian marine system for similar incidents.
• In line with the “polluter pay principle”, the owner of the MV Zim Kingston is responsible for locating, marking, and removing any lost shipping containers, as well as for cleaning-up any associated container debris from the marine environment.

BACKGROUND
• On October 21 2021, the MV ZIM Kingston, a container ship owned by Greece-based Danaos Shipping Company Ltd., advised the Canadian Coast Guard (CCG) that, due to rough weather, it had lost containers at sea near the entrance to the Strait of Juan de Fuca between Vancouver Island, British Columbia (B.C.), and Washington State. In total, the ship lost 109 containers, including two that contained hazardous materials.
• Some containers lost drifted to the north, and four containers beached at four locations on the northwest tip of Vancouver Island.
• The containers lost at sea were mostly general cargo (toys, games, sports equipment, furniture/bedding, electrical machinery equipment, general household goods, footwear/clothing, photography/optical equipment and vehicle parts).
• In December 2021, the vessel owner arranged a sonar scan of Constance Bank in search of the containers, but the scan was considered inconclusive. In April 2022, the owner contracted a second sonar scan survey in Cape Flattery area, where containers were reported overboard. The results of this scan were also inconclusive.
• In July 2023, Canadian Coast Guard Ship (CCGS) Tully located 29 containers in the vicinity of the maritime incident, 13 of which are demonstrably linked to the MV Zim Kingston maritime casualty.
• Under law, the owner is responsible to locate, mark and mitigate any hazard that a wreck can create, including lost containers.
• On January 22nd, 2024, Danaos was informed of the CCGS Tully expedition's outcomes, and CCG asked them to provide a plan for organizing a survey in the area where the containers were found to locate and mark them.

MV Zim Kingston After-Action Report
• As the MV Zim Kingston was a high-profile incident response by the CCG, a national After-Action Report (AAR) was developed. This approach is in line with the CCG’s Continuous Improvement Framework which is a methodology to learn from and improve the level of preparedness to further improve how the CCG responds to future incidents.
• Seven key findings were identified from the AAR: Mandate and Authorities; Hazardous Noxious Substances; Marine Firefighting; Tracking of Container Loss; Cargo Manifest; Communications - National Incident Management Support; Communications - Notifications and External Communications
• The AAR was released on the CCG website in early February 2024.

Standing Committee on Fisheries and Oceans Report on Marine Cargo Container Spills
• FOPO tabled its report on the effects of the “cargo container spills on Canada’s marine environment in October 2022. The Committee made twenty-nine (29) recommendations directed at the Government of Canada (GOC), DFO, CCG, and Transport Canada.
• The scope of recommendations encompasses establishing marine debris monitoring and cleanup capacity; investing in research and monitoring to understand the impacts of polystyrene and other plastics; establishing marine cargo spill response capacity; developing standards and requirements for locating devices on shipping containers and their use; expanding container ship regulations; building regulations to require clearer ships’ manifest information; establishing Hazardous and Noxious Substance spill response; reviewing the rules related to the transport of hazardous chemicals prone to combustion in water; establishing marine firefighting capacity; expanding emergency towing capacity by building industry salvage tug regulations and capacity; examining alternate funding mechanisms beyond the polluter-pays mechanism; championing the ban on the use of polystyrene foam in international fora; and collaborating with Indigenous communities to ensure they are active partners in marine cargo clean-up efforts.
• The GOC submitted its responses to the 29 recommendations to FOPO on February 1, 2023.

Renewal of the Oceans Protection Plan
• Budget 2022 announced an additional $2 billion to protect Canada’s coasts and waterways which is in addition to the $1.5 billion initially announced in 2016, bringing the total investment to $3.5 billion.
• Critical new investments for DFO and the CCG will help make further progress to:
o Enhance the protection and restoration of vulnerable marine ecosystems and wildlife;
o Improve the efficiency, safety, and sustainability of Canada’s marine supply chains and mitigate their impacts on the environment, including by advancing research on marine pollution, ecosystems, and wildlife;
o Better manage marine traffic navigation off our coasts and marine incidents of all types; and
o Advance partnerships and training opportunities for Indigenous and coastal communities to incorporate their expertise and experiences in various aspects of marine safety and ecosystem protection.

If pressed
• The Canadian Coast Guard continues to work with the owner of the Zim Kingston, to hold them accountable for the damage incurred by the incident. The Canadian Coast Guard will not hesitate to use all the legislative tools at its disposal.