Canada’s transition from TERMPOL to NSAP

Transport Canada has issued a bulletin outlining the transition from the voluntary TERMPOL (Terminal Environmental Review Process) to the Navigation Safety Assessment Process (NSAP), which is now fully integrated into Canada’s Impact Assessment Act (IAA). This change was part of the broader goals under the Oceans Protection Plan to improve marine safety, streamline regulatory processes, and enhance coordination with Indigenous communities and the public.

Background

Previously, TERMPOL was a voluntary process where proponents of marine projects, such as proposed terminals and transshipment sites, would voluntarily submit their projects for a safety review by Transport Canada. This review primarily focused on projects handling bulk shipments of oil, chemicals, liquefied gases, and other potentially hazardous substances. However, TERMPOL was not a regulatory requirement but rather a tool to identify safety issues and potential non-compliance with regulations.

Transport Canada, as part of its review of the TERMPOL process, identified areas where the safety review process could be improved. The review led to the introduction of the NSAP, which aims to integrate safety assessments into Canada’s formal Impact Assessment regime for marine projects. This integration ensures that navigation safety considerations are included in the broader environmental and regulatory review process under the Impact Assessment Act (IAA).

Key Changes with the NSAP

The NSAP provides a more structured, fair, and predictable process. It aims to:

Enhance communication and coordination with Indigenous peoples.
Facilitate greater public participation in the review process.
Align navigation safety assessments with other federal processes, providing a more streamlined approach.

Unlike the previous TERMPOL process, which was independent of federal environmental assessments, the NSAP is now integrated with the federal Impact Assessment process. This means that for projects that fall under the IAA, the NSAP will be evaluated as part of the overall impact assessment during the Planning Phase. The Impact Assessment Agency of Canada will decide on a project-by-project basis whether the NSAP should be integrated into the environmental review.

Implications for Marine Projects

If a marine project is not subject to the Impact Assessment Act but is still undergoing provincial or territorial environmental assessments, the NSAP will be applied on a case-by-case basis. This means proponents can still refer to the NSAP national guidelines for guidance and best practices to ensure compliance with safety standards.

It is emphasized that integrating the NSAP into the impact assessment process does not reduce the regulatory requirements under the Canada Shipping Act, 2001 or any other legislation. The regulatory obligations for marine safety and security will still apply to any approved projects, regardless of whether they undergo an NSAP review.

Commitment to Marine Safety

Transport Canada reiterates its ongoing commitment to protecting the safety of marine operations and seafarers while ensuring the protection of Canada’s coastlines. The NSAP process is a key part of this commitment, as it integrates both navigation safety and environmental considerations into the broader assessment of marine projects.

Additional Resources

For further information, proponents and other stakeholders are encouraged to refer to:

Tier I: Policy document on the Navigation Safety Assessment Process.
Tier II: Procedural guidelines for carrying out the Navigation Safety Assessment Process.
TP 15577: National guidelines for conducting Navigation Safety Assessments.