The polar code and Canada’s regulations on arctic navigation : shipping companies’ perceptions of the new legal environment

• Published in: The Polar Journal
• Main Authors: Bartenstein, Kristin, Pic, Pauline, Huang, Linyan, Babin, Julie, Lasserre, Frédéric
• Format: Other/Unknown Material
• Language: English
• Published: Routledge Journals 2021
• Subjects: Polar code; Arctic Shipping; Safety and Pollution Prevention Regulations; IMO; Qualitative Analysis; Arctique; Océan > Navigation > Droit; Marine marchande > Sécurité > Mesures; Droit maritime; Déversements de pétrole > Prévention; Arctic; Canada; Northwest Passage; Arctique*; Northwest passage
• Online Access: https://hdl.handle.net/20.500.11794/68606; https://doi.org/10.1080/2154896X.2021.1889838

In 2017, the Polar Code, negotiated under the auspices of the IMO, came into force. Later that same year, Canada issued new regulations applicable to navigation in the Canadian Arctic. In this paper, we investigate how this new legal environment is perceived by shipping companies. We conducted a survey, asking companies, both active and not active in the Arctic, how they assess the impact of the legal changes on their operations. Using a qualitative methodology, we coded and analysed 99 questionnaires. Our research shows that companies not active in the Arctic are, as could be expected, largely unaware of the Polar Code and often unwilling to respond to our survey, showing a limited interest in the Arctic shipping market. Companies active in the Arctic and well aware of the issues of safety of navigation and environmental protection generally welcomed the Polar Code. Respondents were less familiar with the new Canadian regulations, arguably corroborating findings according to which the Northwest Passage is not currently considered a potential regular shipping route.