Maritime Annex To The Canada-United States Framework For The Movement Of Goods And People Across The Border During And Following An Emergency

The Canadian Department of Public Safety (Public Safety Canada), the Canadian Department of Transport (Transport Canada), and the U.S. Department of Homeland Security, including the United States Coast Guard, hereinafter referred to as the “Participants,” have resolved to:

In the event of an incident affecting our shared maritime transportation systems, facilitate coordinated, cooperative, and timely decision-making to mitigate impacts on our citizens and our economies; and

Work together in the context of incidents to manage the reasonable movement of vessels carrying goods and people between Canada and the United States during and following emergencies.

Application:

The Participants intend this annex to the Framework to apply in the event of an incident that affects the shared maritime transportation systems, requires national level engagement, and meets one or more of the following scenarios:

1. An attack or threat of attack to the United States or Canada by terrorists;
2. A natural or man-made incident, including a pandemic or other health incident, that impacts large numbers of citizens and/or affects Critical Infrastructure and Key Resources of national interest to one or both countries; or
3. State, Local, Provincial, Territorial, U.S. Tribal Governments or other entities, (e.g. port authorities) request national-level assistance through existing procedures;

Communications:

Consistent with existing coordination and information sharing protocols, the Participants intend to ensure that:

1. The Deputy Minister of Transport Canada and the Commandant of the United States Coast Guard communicate with each other as soon as practicable, and have their officials communicate until operations at affected ports or marine areas are re-established and security is restored to their mutual satisfaction.
2. The Deputy Minister of Transport Canada and the Commandant of the United States Coast Guard share information on the nature of the incident, communicate about those goods and people considered to be a national priority of one or both countries, and facilitate common messaging to critical infrastructure sectors, health officials, industry, and the general public.
3. Transport Canada and the United States Coast Guard, in all cases, liaise with the Department of Foreign Affairs and International Trade of Canada and the United States Department of State, respectively.
4. Appropriate authorities from each country establish processes for regular and effective communications during a disruption of maritime commerce.

Shared Maritime Transportation Systems Management

Consistent with the Canada-United States Framework for the Movement of Goods and People Across the Border During and Following an Emergency, in the event of an incident that affects maritime operations, as defined above, the Participants intend to ensure:

1. Transport Canada and the Department of Homeland Security components, specifically the United States Coast Guard and others, work with Public Safety Canada to take steps to ensure that Canada and the United States have activated their respective decision-making processes to manage the movement of vessels carrying goods and people through shared maritime transportation systems.
2. The Deputy Ministers of Public Safety Canada and Transport Canada and the Deputy Secretary of the U.S. Department of Homeland Security, as well as the Commandant of the United States Coast Guard, facilitate:
   1. Measures needed to respond to and recover from an incident affecting maritime operations; and
   2. Movement of goods and people through shared Canada-U.S. maritime transportation systems, as determined by each country.

This Annex to the Canada-United States Framework for the Movement of Goods and People Across the Border During and Following an Emergency does not supersede any statutory authorities or create any binding obligations under domestic or international law.  It is not intended, and should not be construed, as creating any right or benefit, substantive or procedural, enforceable at law or otherwise, by any third party against the Participants, or the officers, employees, agents or other associated personnel thereof.

The Participants intend for this Maritime Annex to be consistent with the policies in place in each country, and other joint plans including the Agreement between the Government of Canada and the Government of the United States of America on Emergency Management Cooperation done at Washington on December 12, 2008.

The Participants may amend this Maritime Annex in writing upon their mutual consent.

Date modified:

2015-12-02