Polar Continental Shelf Program: Terms and conditions

This page outlines the terms and conditions by which the PCSP and our clients must abide. It covers your project related responsibilities as well as ours.

General

1. Each project supported by the Polar Continental Shelf Program (PCSP) is under the PCSP’s jurisdiction in all matters pertaining to PCSP-chartered aircraft operations and safety, the use of PCSP facilities, the use of PCSP-issued field equipment and any other logistics support provided by the PCSP. The PCSP solely reserves the right to withdraw its support to a project if safety is compromised or if the PCSP’s logistics support is abused.
2. The PCSP solely reserves the right to curtail or modify or cancel any of its logistics support or access to facilities because of circumstances beyond its control, including, but not limited to, acts of God, inclement weather, local circumstances, emergencies, transportation problems, governmental action or conflicting demands of the various agencies receiving its support.
3. The Client is responsible for all recoverable expenditures associated with their project. The value of PCSP assistance with defraying eligible recoverable expenditures is not transferable between categories of support (that is, accommodations, aircraft, field equipment, fuel, freight or miscellaneous expenses) or between projects. Any savings from unused PCSP assistance reverts to the PCSP.
4. The Client is responsible for ensuring that the PCSP receives all requested documentation (like signed agreement, waivers, itineraries, emergency contacts, copies of licenses, permits and certificates). If this obligation is not met, the PCSP solely reserves the right to modify or cancel the support provided to the Project.
5. Non-federal Clients must sign a waiver that states that the federal government is not responsible for any actions, proceedings, claims, demands, losses, costs, damages and expenses that are in any way related to occupancy of contracted aircraft.
6. The PCSP requests that all publicity materials, presentations, public relations initiatives, media coverage and communications pertaining to, or following from, activities carried out through the PCSP recognize the role and logistics support of the PCSP.

Permits and licences

7. Determining and obtaining all permits, licences and fees required under land claim agreements, by territorial and federal governments or other agencies, for the Project are the sole responsibility of the Client.

Health and safety

8. The Client is responsible for ensuring the health, safety and preparedness of his or her field party.
9. Every Arctic field party must have at least one person in camp at all times with significant experience working in the Arctic. Significant is defined as a depth and breadth of experience normally acquired with having performed a broad range of related activities in the field for a period of at least three years.
10. The Client shall ensure that all field equipment is used and operated in accordance with manufacturers’ operating procedures and only for the purpose for which it was intended. The Client is accountable for ensuring due diligence in compliance with the health and safety requirements for the use of all field equipment issued and shall ensure that the equipment is operated only by persons who are fully qualified and trained to do so.
11. PCSP-issued satellite phones are to be used to contact the PCSP and for emergency reasons only. Clients are not permitted to use PCSP-issued satellite phones for personal reasons.

Firearms

12. Any person in possession of a firearm must have their Possession and Acquisition Licence (PAL) with them at all times.
13. Upon arrival at the PCSP facility in Resolute, all firearms must be surrendered to the PCSP Regional Firearms Custodian Officer for safe storage. A Possession and Acquisition Licence (PAL) certificate must be presented when surrendering and retrieving a firearm.

Charter aircraft

14. The Client is not permitted to make its own aircraft arrangements (for example, charter, schedule changes) and charge the expenses to the PCSP. The Client must contact the PCSP to request any changes to the type of aircraft, flying schedule or number of flying hours required for PCSP chartered aircraft.
15. Some aircraft-related prices may increase during the field season. In such circumstances, the PCSP will notify the Client and adjust the estimated costs.
16. Hourly aircraft rates calculated by the PCSP are comprehensive and include, as applicable: positioning of the aircraft to and from aircraft bases (normally in Inuvik in the Northwest Territories and in Resolute, Cambridge Bay, Eureka and Iqaluit in Nunavut), fuel, landing fees, NAV Canada fees and pilot accommodation.
17. Many aircraft companies charge a fixed fee called “daily minimums,” which is based on the cost of a daily minimum number of hours of flight. The PCSP makes every effort to maximize use of aircraft among projects. However, if applied, the Client is responsible for expenditures related to daily minimums for the time period the aircraft was associated with their Project.
18. Any changes to planned aircraft use could result in additional costs for the Project. If the Project is cancelled or aircraft requirements are modified after aircraft commitments have been made, the Client may be invoiced for daily minimums plus cancellation fees (if applicable).
19. If a flight is turned back due to inclement weather, the time will be charged to the Project. The Client will be invoiced for the cost of any additional hours flown over and above the total planned hours for its Project.
20. Unless otherwise identified, the Client is responsible for expenditures related to fuel caching for its Project.
21. Approval must be received from the PCSP prior to using fuel from commercial sources or existing fuel caches. Client-supplied fuel must meet or exceed aircraft companies’ specifications. The Client must also indicate on the daily flight report that client-supplied or commercial fuel was used.
22. All PCSP Clients are responsible for notifying pilots of any cargo with a value exceeding $50,000.

Insurance

23. All field team members of PCSP-supported Projects should ensure they have adequate insurance coverage for personal travel (including coverage for flying in chartered aircraft), medical emergency evacuation, repatriation and disability.

Shipping

24. The PCSP can arrange shipping of PCSP-issued field equipment to a staging location from a PCSP warehouse, but we will recover shipping charges from the Client. For return shipments, the Client is responsible for directly organizing and paying for shipment according to his or her organization’s financial practices. The PCSP cannot accept cash on delivery (COD) shipments, nor can shipments be invoiced to the PCSP.

Dangerous goods

25. In compliance with the Transportation of Dangerous Goods Act, 1992 and associated regulations, dangerous goods such as firearms and corrosive materials, transported by commercial carriers, require the completion of specific shipping forms. It is the Client's responsibility to obtain the required documentation through their employer or through consultation with PCSP staff in Ottawa or Resolute. It is illegal to pack hazardous goods in baggage or to carry them on board an aircraft. The Client must ensure that proper procedures are followed, the information is correct and all shipping documents are signed. Refer to the Transportation of Dangerous Goods Act, 1992 and associated regulations for more information.

Field equipment

26. Title to the Field Equipment provided by the PCSP shall, at all times, remain vested in the Natural Resources Canada Lands and Minerals Sector and nothing contained in this Agreement shall be deemed to confer upon the Client any greater right to or property in the Field Equipment than that of a user. Field Equipment means any and all equipment (like tents or stoves), clothing, vehicles (like snowmobiles or ATVs) and/or consumables (like toilet paper or bear spray) provided by the PCSP to support the Client’s fieldwork as set out in Schedule A.
27. The Client shall not lend or rent the Field Equipment or transfer any right, title or interest in the Field Equipment to any person, including other Clients of the PCSP.
28. The Client shall indemnify and save harmless the PCSP from and against any claim, demand, or action, irrespective of the nature of the cause of the claim, demand, or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the Client 's use or possession of the Field Equipment.
29. The PCSP shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the Client's use or possession of the Field Equipment. The PCSP shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from or attributable in any way to the Agreement.
30. The Client shall at all times keep the Field Equipment free of all liens, charges and encumbrances and from distress, seizure, execution or other legal process. If, at any time, the Field Equipment is not free of all liens, charges and encumbrances or from distress, seizure, execution or other legal process, then the Client shall promptly notify the PCSP accordingly and shall forthwith remove and discharge the same at the Client’s own expense.
31. The Client shall be responsible for all recoverable expenditures incurred by the PCSP in connection with the use of Field Equipment, including:
    1. Costs of non‑refundable items (that is, items that are issued as one-time use only). Note: The PCSP will not credit client accounts for unused or returned non‑refundable items.
    2. Replacement costs for any loss or damage of Field Equipment issued to the Client due to misuse, abuse or neglect
    3. Fuel and lubricants required to properly operate the Field Equipment during the usage period
32. Non-refundable items should not be returned to the PCSP at the end of the season. The client is responsible for storing these items for future seasons, or disposing of them based on their organization’s policy (like Crown Assets).
33. Non‑expendable field equipment may not be left in the field from one season to the next or “transferred” to other individuals or projects. The Client remains responsible for the equipment provided by the PCSP to the Client at all times.
34. The usage period shall commence on and include the date of the actual delivery of the Field Equipment to the Client or the Client’s Agent, including any carrier charged with delivering the equipment to the Client.
35. The usage period shall end on and include the date of actual return of the Field Equipment to the PCSP warehouse from which it was issued.
36. The usage period shall not exceed one field season. If the Field Equipment is not returned to the PCSP by the end of the field season, the Client shall be charged the full replacement cost and the Client shall be invoiced accordingly.
37. The Client shall be responsible for the normal care and maintenance of the Field Equipment and ensure that the Field Equipment is kept in a secure area and protected from rot, mildew, rodents and the elements while in its possession.
38. The Client shall not remove, alter, disfigure, mark or cover any numbering, lettering or insignia displayed upon the Field Equipment and shall ensure that the Field Equipment is not subjected to careless or needless rough usage.
39. The PCSP ensures routine maintenance is conducted on Field Equipment as per manufacturers’ recommendations. However, if Field Equipment requires maintenance while in the Client’s care, the Client shall ensure that the service is conducted by a qualified person.

Note: As per the Canada Labour Code Part II, Canada Occupational Health and Safety Regulations, a qualified person means: in respect of a specified duty, a person who, because of knowledge, training and experience, is qualified to perform that duty safely and properly.

40. All Field Equipment maintenance requirements and servicing undertaken by the Client are to be reported immediately to the PCSP.
41. The PCSP shall have the right, upon reasonable notice to the Client, to enter upon the premises where the Field Equipment is kept or used for the purpose of inspecting the Field Equipment, and the Client shall afford the PCSP all necessary facilities for the purpose of such inspection.
42. The Client shall be responsible for loss and damage (normal wear and tear excluded) to the Field Equipment during the usage period and the appraisal of any such loss or damage will be based on the replacement value for the Field Equipment.
43. The Client shall immediately notify the PCSP of any loss or damage to the Field Equipment during the usage period. The risk of loss of or damage to the Field Equipment and all other liabilities of the Client in respect of the Field Equipment shall pass to the Client during the usage period. The foregoing shall be without prejudice to any claims which the Client may have against a common carrier or other third party in respect of such loss or damage.

PCSP trucks and vans

44. In order to use a PCSP truck or van in Resolute, the Client must seek prior approval from the PCSP. The Client must be in possession of a valid driver’s licence. A minimum or daily rate may apply for use of the vehicle. The Client shall be responsible for loss and damage (normal wear and tear excluded) to PCSP vehicles while in his or her possession.