Realizing that neither government nor the owners had any contingency plans for an oil spill, comprehensive preventative measures had to be passed and enforced. One of the first tasks of government was to determine a safer route through Chedabucto Bay to Point Tupper. To do this, both Loran, a long distance electronic navigation aid and Decca chains were made available, and receiving equipment was installed in vessels to aid navigation.

Once in the Bay, the first alteration of course was marked by a fairway buoy equipped with a light and an electronic whistle or horn and a radar transponder that planted a radar display or code on the ship's radar. The course from the fairway buoy into the Bay was marked by centerline buoys where inbound ships pass to the north and the outbound pass southward.

Once an incoming ship reached the last buoy, the channel was marked by red and black channel buoys fitted with lights and radar reflectors. From the time a ship altered course to enter the inner channel, she had the assistance of range lights and day marks on both ends of the course. A pilot boat was also capable of de-icing buoys even though the buoys were made to minimize icing and cause ice already formed to clear itself from the buoy.

To prevent problems from a spill of the magnitude of the "Arrow", the Arctic Waters Pollution Prevention Act was passed in June 1970. The act prohibited the deposit of waste in Arctic waters for 100 miles from shore, ships or land based operations, and made the owners of ships and their cargos and persons conducting land-based operations, civilly liable for any such discharge. Financial responsibility was to be posted by potential polluters and extensive powers were granted to the Minister of Transportation to control the navigation and construction of ships in Arctic waters.

The Government of Canada, knowing that no contingency plan for the "Arrow" caused a large leakage of oil, drafted the Interim Federal Contingency Plan. This plan provided procedures for the immediate reporting of oil spills and the preselection of on-scene commanders in different regions of the country. Provisions were also made to recruit technical experts to properly assess the magnitude of the spill. Once done, the on-scene commander established channels of communication through which the necessary resources could be mustered to combat an incident. In this act, the government's position was that costs should be recovered from the polluter.

After the "Arrow" where those most affected by the spill received no compensation, the International Convention on Civil Liability for Oil Pollution Damage, rendered the owner of a ship liable for any pollution caused by escaping oil. However, the owner had the power to limit liability to 210 million francs. They maintained that claims had to be brought up within three years and provided for recovery under the judgements of the Member State holding the fund.

The most significant reforms made after the "Arrow" catastrophe were amendments to the Canadian Shipping Act. It now requires a ship's Master to immediately report any discharge or leak. When the Minister of Transportation has reasonable cause to believe that a ship is likely to discharge a pollutant, he may take control of the ship and its cargo to remove the hazard.

Under the agreement, the Minister can also make regulations identifying pollutants; prescribe reports by Masters; set standards for navigational equipment; establish the installations to handle pollutants; control discharges of oily waste; require appropriate nautical publications on board; establish unloading procedures; prescribe supplies and equipment for loading; keep records of pollutants carried; regulate air pollution; and establish traffic rates and other ship traffic controls. The Minister can also appoint pollution prevention officers and direct the rate through which a ship carrying pollutants passed.

The owner of a ship was liable and jointly liable with the cargo owner for damage from a pollutant. The limitation of liability was $934 for each ton of the ship up to a maximum of $14 million. If the damage exceeds this, the Maritime Pollution Claims Fund can also be used to pay claims for unidentifiable polluters. Fishermen who claimed to have suffered income loss as a result of a pollution incident could apply and a procedure was established for accessing such a loss.

Any spill occurring after this would have the full attention and resources of the government, and those affected would be fully compensated by government and the ships and cargo owners. But for those living around Chedabucto Bay, it was a case of too little, too late.

Back.GIF (2610 bytes)