TSB Recommendation M23-01

On 10 February 2021, the tug Ingenika, with 3 crew members on board, was towing the loaded barge Miller 204 in the Gardner Canal when the tug sank approximately 16 nautical miles west‑southwest of Kemano Bay, British Columbia (BC). The barge subsequently drifted and went aground about 2.5 nautical miles southwest from where the tug sank. The search and rescue operation located 1 surviving crew member on land and recovered the bodies of the 2 other crew members from the water. The barge was recovered; the tug was not found. At the time of the occurrence, the tug had 3500 L of diesel fuel in tanks on board.

The Board concluded its investigation and released report M21P0030 on 08 March 2023.

At September 2022, there were approximately 1343 tugs of 15 GT or less registered in Canada, approximately 1035 of which were registered in BC. Since 2015, the TSB has investigated 6 occurrences involving tugs of 15 GT or less operating on the west coast of Canada that have raised issues around the adequacy of regulatory surveillance.^{Footnote 1}

TC does not certify tugs of 15 GT or less, nor are these vessels required to undergo regular inspections. By comparison, before being certified by TC under the Vessel Safety Certificates Regulations, tugs of greater than 15 GT but of less than 150 GT are required to be inspected every 4 years, and tugs of 150 GT and greater are required to be inspected annually. Although TC has set an annual target of inspecting 3% of tugs of 15 GT or less nationwide, most will go years between inspections and may never be inspected over the life of the vessel. For example, the Ingenika was built in 1968 and had been in operation for over 50 years before this occurrence; the investigation found that there were no records of TC performing an inspection at any point in the tug’s operational life.

The TSB also recently investigated another occurrence involving a tug of 15 GT or less, the Risco Warrior,^{Footnote 2} which was built in 1961 and had never been inspected. That investigation found that, in the absence of comprehensive regulatory surveillance and enforcement, there is a risk that tugs of 15 GT or less will continue to be operated with unsafe equipment and operating practices. While vessel owners and operators have the primary responsibility to manage safety, it is vital that TC provide effective oversight and proactively intervene to ensure that vessel owners and operators comply with regulations and standards and can manage the safety of their operations effectively.

From April to October 2022, TC conducted 30 risk-based monitoring inspections of tugs of 15 GT or less. Overall, 21 of these inspections resulted in a total of 62 deficiencies, including 13 related to lifesaving equipment, 12 related to structure or stability, 8 related to crew certificates, 6 related to fire safety, and 5 related to navigation safety.

From April to October 2022, TC also conducted 120 statutory inspections of tugs of greater than 15 GT. Sixty-four of these inspections resulted in the identification of deficiencies. Statutory inspections are generally more comprehensive than risk-based monitoring inspections. In addition, TC conducted 30 risk-based monitoring inspections of tugs of greater than 15 GT on the basis of findings from the statutory inspections. Of these 30 risk-based monitoring inspections, 19 resulted in the identification of deficiencies.

In 2018–19, TC conducted a concentrated inspection campaign on domestic vessels. According to the campaign report,^{Footnote 3} 83 vessels were inspected nationwide, 49 of which were inspected under the annual inspection category and 34 through quadrennial inspections per the Hull Inspection Regulations.^{Footnote 4} Nineteen of the vessels inspected were tugs, but none were of 15 GT or less. The data showed that vessels inspected every 4 years had more deficiencies than those inspected annually.

TC also focused on tugs in a concentrated inspection campaign conducted in BC from January to March 2017. Thirty tugs of 15 GT or less and 30 tugs of greater than 15 GT were selected for inspection. TC concluded that tugs of 15 GT or less had significantly more instances of regulatory non-compliance than tugs of greater than 15 GT.^{Footnote 5}

For tugs of 15 GT or less, the onus is on the authorized representative (AR) to ensure compliance with the regulations and the safe operation of the vessel. However, in its Watchlist 2022, the TSB highlighted that many ARs of small vessels, such as the Ingenika, have limited awareness of key sections of the Canada Shipping Act, 2001 and of the broader regulatory framework. Other ARs may not be motivated to comply with regulations, given that it is well known that TC is unlikely to inspect their vessels and so the probability of enforcement is low.

Recognizing the level of risk present, in 2016, the Board issued a safety concern^{Footnote 6} on the issue of regulatory surveillance for tugs of 15 GT or less. On 25 June 2022, TC pre-published the proposed Marine Safety Management System Regulations, which will require tugs of 15 GT or less to develop a safety management system and obtain a Canadian safety management certificate. TC also developed and implemented the Small Vessel Compliance Program for Tugs (SVCP-T), which provides a simplified description of regulatory requirements and useful information that companies and ARs can use to evaluate their regulatory compliance. Although these are encouraging initiatives, neither are a replacement for vessel inspections under a broader program of regulatory surveillance, which would provide an opportunity to examine a vessel and its equipment to verify that it is in compliance with the regulatory requirements and being operated safely. Without adequate surveillance by TC, shortcomings in the safety management and operations of tugs of 15 GT or less will continue to go unaddressed, leading to accidents. Therefore, the Board recommends that

N/A

The TSB will monitor the actions taken by Transport Canada.

This deficiency file is Active.