Safety at sea overview

Working together to avoid safety at sea risks and prepare for the unexpected can save lives. Marine safety and the safety of fish harvesters are priorities for Fisheries and Oceans Canada (DFO). In recognizing that safety at sea is a shared responsibility, DFO and the Canadian Coast Guard collaborates with various partners including the Transportation Safety Board (TSB), Transport Canada (TC), and our various stakeholders on steps required to ensure safe, sustainable and prosperous fisheries.

Commercial fishing is recognized as one of the most dangerous occupations in the world. As a job sector with approximately 45,000 fish harvesters in Canada, the fishing industry continues to have one of the highest fatality rates in Canada. Over the last decade, there has been an average of 10 commercial fishing deaths every year in Canada. The fishing industry is complex with numerous causes resulting in fishing accidents that are usually interconnected. Despite significant advances in safety over the last few decades, the fishing industry continues to deal with the complex relationships and interdependencies that exist between fishing safety issues. Different attitudes and behaviors towards safety across Canada’s commercial fishing community remains a reality.

In TSB’s most recent Watchlist issued in late 2020, the TSB indicated that progress toward a safety culture in the fishing industry has been slow and sporadic. Change requires a coordinated, collaborative approach between members of the fishing industry to address safety deficiencies. Safety is a shared responsibility and reducing risk requires that everyone involved work together.

In 2006, DFO and TC established a framework for cooperation with regard to promoting the safety at sea of commercial fish harvesters. The objective of the Memorandum of Understanding (MOU) is to cooperate in the development of safety goals, the exchange of information and the promotion of a safety culture among commercial fish harvesters. Under this agreement, DFO and TC meet regularly to discuss and exchange ideas on how to work together to advance the safety at sea of fish harvesters. As partners to this agreement, DFO provides updates on progress twice a year during Canadian Marine Advisory Council (CMAC) national meetings.

Safety at sea is a shared responsibility. Accidents and fatalities are preventable, and continued change is possible as government, industry leaders and safety advocates work together to influence, reinforce and sustain a strong safety culture in the Canadian fishing industry.

Memorandum of understanding

Memorandum of understanding between Fisheries and Oceans Canada (DFO) and Transport Canada (TC) regarding Safety at sea of commercial fish harvesters

Last updated July 2021

1. Purpose

The purpose of this Memorandum of Understanding (MOU) is to provide a framework for cooperation between the Department of Fisheries and Oceans (DFO) and Transport Canada (TC) with regard to promoting the safety at sea of commercial fish harvesters. The scope of this MOU is limited to commercial fish harvesters.

2. Objective

2.1 Transport Canada, Marine Safety and Security (TC-MSS), Department of Fisheries and Oceans, Fisheries Resource Management (DFO-FRM) and Department of Fisheries and Oceans, Canadian Coast Guard (DFO-CCG) will endeavour to closely cooperate, at a national and regional level, to:

1. 2.1.1 establish principles that take into account the promotion of a safety culture among commercial fish harvesters;
2. 2.1.2 establish a process whereby these principles can be considered when developing rules, regulations, policies and plans;
3. 2.1.3 exchange information and consult with the objective of improving the safety of commercial fish harvesters at sea; and
4. 2.1.4 develop safety goals and report on progress at the Canadian Marine Advisory Council (CMAC).

3. Mandates

Relevant to this agreement:

3.1 TC-MSS is responsible for the regulations and enforcement for all vessels and marine personnel, pursuant to the Canada Shipping Act, 2001 and regulations.

3.2 DFO-FRM is responsible for oversight of safety at sea considerations in areas of fisheries management regulations, policies, and plans and processes, pursuant to the Fisheries Act and associated regulations.

3.3 DFO-CCG is responsible for search and rescue of fishing and other vessels and Marine Communications and Traffic Services, pursuant to the Oceans Act.

4. Cooperation with regard to fishing vessel safety

4.1 TC-MSS, DFO-FRM and DFO-CCG in National Headquarters (NHQ) or regions will meet as required, to discuss:

1. 4.1.1 promotion and awareness of a safety culture in the fishing industry;
2. 4.1.2 TC-MSS’s and DFO-FRM's respective fishing vessel safety action plans;
3. 4.1.3 fishing vessel modifications (e.g. stern platforms, cutting off bows) and the vessel replacement rules;
4. 4.1.4 fishing gear loading and deployment;
5. 4.1.5 professionalization training for fish harvesters;
6. 4.1.6 data sharing between TC-MSS, DFO-FRM and DFO-CCG, subject to the Access to Information Act and Privacy Act requirements;
7. 4.1.7 possible joint or shared databases for DFO and TC fishing vessel registration information, and DFO fishing licences, subject to Access to Information Act and Privacy Act requirements;
8. 4.1.8 the possibility of allowing access to respective electronic communication systems to assist in transmitting safety messages to fish harvesters; and,
9. 4.1.9 other issues contributing to improving the safety of fish harvesters at sea.

4.2 DFO-HQ and TC-HQ will coordinate in advance of each National CMAC to share updates with regard to safety issues or projects.

4.3 DFO-NHQ, CCG-NHQ, and TC-NHQ will meet at least twice per year as part of the Joint National Safety at Sea Committee (SSC) to share updates with regard to safety issues or projects. The SSC serves to strengthen the management of communication between the departments with regard to promoting safety at sea of fish harvesters.

5. Cooperation with regard to safety at sea

5.1 TC-MSS and DFO-CCG will endeavour to identify, by region and fleet, commercial fish harvester safety issues and communicate them to DFO-FRM.

5.2 TC-MSS, DFO-CCG and DFO-FRM in NHQ and regions will discuss fish harvester safety issues and share information through advisory processes as required. The results of the discussions will be reflected, if required and as appropriate, in relevant documents such as fishery specific documentation, departmental websites, and meeting minutes.

5.3 DFO-FRM in NHQ and DFO regional fisheries management will promote the regular review of documentation, as well as the timely and effective dissemination of safety at sea considerations for all commercial fisheries. Modifications and updates to fishery-specific documents should continuously reflect current best safety at sea management approaches. The modification to the IFMP will be conducted to reflect the current management approach of the fishery.

6. National and regional fishing safety committees

6.1 TC-MSS, DFO-FRM and DFO-CCG will recognize industry-established National and Regional Fishing Safety Committees. Committees could be comprised of representatives from:

• TC-MSS;
• DFO-FRM and/or DFO regional Fisheries Management and/or DFO regional Conservation and Protection; DFO-CCG;
• The fishing industry;
• The Transportation Safety Board;
• Provincial workers safety and other agencies; and,
• Other parties as appropriate.

These Committees could meet to discuss or make further recommendations for implementation in support of measures that are in the interests of promoting the safety at sea of fish harvesters.

7. General provisions

7.1 This MOU comes in effect when signed by all parties and remains in effect until terminated by any of the parties by giving the other parties at least 60 days prior written notice.

7.2 This MOU may be amended at any time by the agreement in writing of the parties.

7.3 The parties agree to review this MOU within five years of its coming in effect, and at five year intervals after the first review.

7.4 The Office of Primary Interest (OPI) for TC-MSS is the Director, Domestic Vessel Regulatory Oversight and Boating Safety.

7.5 The OPI for DFO-FRMP is the Director General, Fisheries Resource Management

7.6 The OPI for DFO-CCG is the Director General, Response.

8. References

8.1 February 15, 2001- DFO Fisheries Management Assistant Deputy Minister Directive to Regional Directors General on safety at sea of fish harvesters.

8.2 CMAC Standing Committee on Fishing Vessel Safety - Terms of Reference.

8.3 DFO Vessel Replacement Rules.

8.4 The Fisheries Act and Regulations.

8.5 The Canada Shipping Act, 2001 and Regulations.

8.6 The Oceans Act.

8.7 Joint National Safety at Sea Committee – Terms of Reference.

9. Execution

In consideration of the foregoing, the undersigned positions executed this Arrangement on March 2015.

Deputy Minister & Commissioner, Canadian Coast Guard
Fisheries and Oceans Canada

Deputy Minister
Transport Canada