At the start of this month, Transport Canada started informing all ferry operators that a return to normal operating procedures is now expected, and that as of September 30, 2020, passengers will be requested to leave their vehicles on enclosed vehicle decks only and proceed to the passenger decks for the duration of the voyage. Passengers can still remain in their vehicles on open (or partially enclosed) vehicle decks, where the safety risk is lower than on a completely closed deck. None of the few remaining operators in Atlantic Canada that were still using this flexibility raised concerns about returning to normal practice. Transport Canada officials will continue to work closely with those operators to ensure a smooth return to normal operating procedures.

It is important to understand the marine safety risks. A vehicle deck is considered a special category of space, with additional requirements to contain and combat a fire due to the higher risk. However, none of these requirements are designed to protect passengers within the space. Rather, they are designed to protect the vessel and passengers in other spaces. On enclosed vehicle decks, fueled vehicles, bulk and dangerous goods are often parked tightly together. Fire, flooding or collision creates an extremely difficult situation to evacuate everyone safely: Fire or smoke-related incidents aboard ships with enclosed car decks are happening on average more than twice a year in Canada. In an emergency evacuation where a ferry takes on water, passengers on a closed car deck are at a much higher risk for loss of life.

In March 2020, the Government of Canada temporarily relaxed the enforcement of this prohibition during the initial period of the COVID-19 pandemic. The decision to temporarily relax the safety prohibition on remaining in closed decks was made because of the unprecedented and uncertain circumstances of COVID-19. Since then, we have learned more about the virus and how to protect ourselves. With physical distancing, mask wearing, sanitary and health practices now well established, Canadians can now minimize their risk of COVID-19 exposure and spread. As a consequence, it is no longer possible to justify the marine safety risk to passengers and crew from having passengers remain on a closed ferry deck during a transit.

Questions and Answers

Q1) Transport Canada regulations state that people can’t stay in vehicles on decks below the water line. During this time of COVID-19 concern, might it make sense to keep relaxing regulations so people can keep a physical distance and stay in their vehicles?

A1) Safety is one of Transport Canada’s highest priorities, and our regulations are in place to ensure the safety of all passengers and staff travelling on enclosed car deck ferries. The allowance, in response to the COVID-19 pandemic, to have passengers remain in their vehicles on enclosed car deck ferries was intended to be temporary as we learned more about the virus and how to protect ourselves.

As an important safety measure, Ferry passengers are required to leave their vehicles and proceed to passenger areas for the duration of their voyage. Ensuring that passengers stay in designated passenger areas is a significant protective measure against hazards such as fire, impaired evacuation and injuries. Travellers are encouraged to protect themselves from COVID-19 by following the latest health protection measures required by the ferry operator, in accordance with the Public Health Agency of Canada guidelines and provincial, territorial, local and regional health authority requirements.

Q2) Why did TC relax the enforcement prohibiting passengers to remain in their vehicles in enclosed car decks? Why is TC imposing now a return to normal operations when cases of COVID are on the rise?

A2) The decision to temporarily relax the safety prohibition on remaining in closed decks was made because of the unprecedented and uncertain circumstances of COVID-19. At the time, the understanding of the risk from COVID was evolving rapidly, and the layered COVID protections for passengers and crews were just being implemented and their effectiveness was not well understood. The COVID risks are now clearer, as are the effectiveness of the layered COVID protections on ferries. Ferry operators, guided by federal and provincial health advice, have now had time to develop and implement layered measures to address the risk of COVID-19, as B.C. Ferries has done, including among other measures, its recent mandating of face coverings on terminals and aboard ferries.

As a consequence, it is no longer possible to justify the marine safety risk to passengers and crew from having passengers remain on a closed ferry deck during a transit. The risk in the event of a marine emergency is unacceptably high. This is why it is a mandatory international marine safety regulation that passengers not remain on closed car decks. In fact, Canada is the only country that allowed even allow a temporary relaxation of this rule in its early response to COVID.   It is time to phase this out in the interest of the safety of the passengers and crew.

Q3) What would happen if there was a fire on an enclosed car deck; could passengers not evacuate safely? Why is TC enforcing this measure as the world is struggling with the fear of COVID?

A3) Roll on Roll off (Ro-Ro) passenger ships are a popular form of ferry vessel. In Canada, of the more than 240 Ro-Ro ferries, 27 are constructed with an enclosed car deck. These vessels pose unique safety challenges with respect to fire, stability and evacuation. The presence of fueled vehicles, and the various bulk or packaged dangerous goods in trucks, add to these challenges. Due to these concerns, and following several high profile accidents worldwide (e.g., 193 passengers and crew died when the MS Herald of Free Enterprise flooded in Belgium in 1987; and 852 died when the MS Estonia flooded and capsized in the Baltic Sea in 1994), in 1995, the International Maritime Organization (IMO) banned access by passengers to the enclosed Ro-Ro deck while the vessel is underway.

The risk of loss of life on these decks while the vessel is in operation is too great of a risk to not return to normal operations as soon as possible. Between 2005 and 2016, 18 fires, originating from vehicle decks, occurred on RoRo ferries worldwide, out of a global fleet of 750 vessels. Five of these resulted in either major damage, abandonment of the vessel, injuries, or fatalities. Injuries and fatalities were minimized in these instances due to prohibiting passengers from remaining on the vehicle deck. This prohibition is included in Canadian Regulations and in order to ensure the safety of passengers, they will be once again required to exit their vehicles.

Transport Canada continues to monitor the situation closely and will not hesitate to take further action if required.

Q4)  What are examples of enhanced hygiene and other on board practices to reduce the risk of COVID-19 transmission?

A4) Examples of enhanced hygiene and other on board practices to reduce the risk of COVID-19 transmission include reducing the maximum number of passengers that may be carried on board by 50%, ensuring that facilities exist to allow all passengers and crew to wash their hands often with soap under warm running water for at least 20 seconds, ensuring that hand sanitizer is available to all passengers and crew, and enforcing practices to reduce transmission risks, such as eliminating entertainment events on board, keeping people in the vehicles only when it is safe to do so, enhanced cleaning, wearing masks, and anything that would impact the two-meter distancing rule between passengers.

Q5) What measures are ferry and vessel operators being asked to implement around COVID-19?

A5) Operators are being encouraged to implement where possible, enhanced measures such as passenger screening, enhanced hygiene practices and social distancing measures. Operators will be provided with guidance material from Transport Canada, based on advice from the Public Health Agency of Canada. This could include:

• Notifying passengers before boarding the passenger vessel or ferry that they may be subject to a health check to prevent the spread of COVID-19;
• Conducting health checks for passengers before boarding, and advising every passenger that they are not to provide answers that they know to be false or misleading;
• Asking passengers to wear a face mask for the duration of their journey or to provide a medical certificate if they are not able to wear a mask for medical reasons.