The bow of the Leviathan II, a whale-watching boat carrying 24 passengers and three crew members that capsized, is seen near Vargas Island on Oct. 27.CHAD HIPOLITO/The Canadian Press
The Transportation Safety Board will be reviewing rules for safety equipment on whale-watching boats as it probes an accident that killed six people near the Vancouver Island community of Tofino last fall.
Clinton Rebeiro, lead investigator on the incident involving the Leviathan II, which capsized during a whale-watching tour on Oct. 25 of last year, said whaling boats are safe if they are operating under Transportation Canada regulations.
But he said the federal agency will be reviewing those regulations, specifically as they relate to on-board safety equipment, as part of its investigation. His comments, in an interview Wednesday, came as the safety board issued a written update on its probe into the accident.
An initial coroners' investigation found tourists aboard the Leviathan II were not wearing life jackets. They were not required to be worn on the vessel, which was built in 1981 to transport logging company employees along the coast and rebuilt for whale watching in 1996.
"We will definitely look at everything, so we will look at what the regulations require the vessels to carry on board. If there's anything that needs to be addressed, we will definitely be looking into it," Mr. Rebeiro said.
As for whale-watching boats in general, he said, "I would say they are safe as long as they are inspected and meet the regulations."
In the Leviathan II incident, a wave broadsided the 20-metre boat, tossing 27 tourists and crew into the waters about 15 kilometres northwest of Tofino.
The tour was operated by Jamie's Whaling Station of Tofino. The captain of the vessel had more than 20 years of whale-watching experience in the Tofino region, almost all with Jamie's Whaling Station.
According to the safety board, there were 23 reportable occurrences between Jan. 1, 2010, and Oct. 24, 2015 – the day before the Leviathan II incident – involving whale-watching vessels. Eight were accidents. Five involved serious injuries to six people.
Before 2010, there were two fatal whale-watching accidents in Canada – one in 1992 and one in 1998 – that killed four people. Both occurred in British Columbia. One boat sank and the other capsized.
Thirteen of the reportable occurrences took place in British Columbia
Any "urgent" conclusions on safety arising from the Leviathan II investigation would be communicated immediately to the whale-watching sector, Mr. Rebeiro said.
He said the Leviathan II was properly operating within Transport Canada regulations when it took on water on Oct. 25.
Wednesday's safety board update indicated that investigators have conducted an initial examination of the vessel, a review of its inspection history and shipyard work orders; the agency is reviewing information from search-and-rescue officials.
The availability and use of survival equipment are among the issues being assessed by investigators, who have also done a first round of interviews with the vessel's operator as well as survivors and relatives.
Mr. Rebeiro said he could not comment on what surviving passengers and crew have said about the events of Oct. 25.
Personal cameras have also been sent to a board laboratory for review.
Mr. Rebeiro said the case is distinct and complex because of the number of fatalities, drawing a comparison with the 2006 sinking of the BC Ferries vessel Queen of the North in which two passengers were lost.
"We definitely want to go right down to the bottom of it and find out the root causes and the deficiencies – if any existed," he said. "There is a lot of information and evidence we have to sift through."
He said there is no timeline for completing the investigation.
The BC Coroners Service declined comment on the case on Wednesday.
Ian Bailey