5 Post-Response Activities

Once response operations have concluded, the Canadian Coast Guard will undertake Cost Recovery and Post-Incident Review and Evaluation activities in accordance with established protocols and procedures.

5.1 Cost Recovery and Claims

Pursuant to the Marine Liability Act, costs incurred by the Minister to monitor or respond to marine pollution incidents are recoverable either from the polluter or from national and international compensation regimes. This ability to recover costs from the polluter forms the basis of the “polluter pay” principle.

In accordance with the Cost Recovery manual, Regions are responsible for ensuring that costs are itemized and recorded using the appropriate Incident Command System forms and that claims are made against the polluter or Ship-Source Oil Pollution Fund.

5.2 Post-Incident Review and Evaluation

The objective of a post-incident review is to evaluate the response to a marine pollution incident with the goal of improving all elements involved in the response. The process for conducting a post-incident review is similar to the principles used in exercise evaluation.

The requirement for the conduct of a post-incident review, or Lessons Learned, shall be determined by the Environmental Response Superintendent, Regional Director or Assistant Commissioner. The Incident Commander for the incident, as the case may be, is responsible for the preparation of the report, which will be submitted to the Manager, National Environmental Response Program Office at Canadian Coast Guard Headquarters and the Regional Director, Canadian Coast Guard Programs.

5.2.1 Conduct of a Post-Incident Review

The Post-Incident Review should be conducted in accordance with the principles contained in the National Exercise Program – Evaluation Guidelines (Chapter 11). These principles include:

• briefing the response/monitoring team;
• evaluating the incident;
• preparing a summary of key observations;
• conducting an incident debriefing session; and
• preparing an official Post-Incident evaluation report.

The following elements should be covered when conducting a post-incident review:

• state of readiness;
• state of response plans;
• notification;
• assessment;
• activation;
• safety measures taken during the response;
• key partners and stakeholder engagement;
• measures taken to control and contain pollution and protect private property and infrastructure; and
• surveillance measures taken at the time of the incident.

Lessons Learned should be documented in the post-incident evaluation report, which should also outline how the Lessons Learned can be incorporated into their relevant areas. Lessons learned will identify problem areas or failures within the system requiring remediation. The relevant program area will implement the required changes, as follows:

• National Program Deficiency:
  • Responsible Program – National Strategies, Headquarters;
  • Deficiency Type – program structure and mandate and Levels of Service.
• System Deficiency:
  • Responsible Program – National Environmental Response Program Office, Headquarters;
  • Deficiency Type – Environmental Response Manual, directives, Incident Command System (process and web application) and general procedures.
• Training Deficiency:
  • Responsible Program – Operational Personnel / Canadian Coast Guard College;
  • Deficiency Type – course curriculum, content, type and frequency and delivery.

Once the particular failure has been addressed, the performance of the Environmental Response program will be monitored to ensure that remedial measures are having the desired outcomes.