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Registration

SOR/2012-69 March 30, 2012

CANADA SHIPPING ACT, 2001

Vessel Pollution and Dangerous Chemicals Regulations

P.C. 2012-349 March 29, 2012

Whereas the proposed Regulations set out standards that are additional or complementary to the standards set out in the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention, and the Governor in Council is satisfied that those additional or complementary standards meet the objectives of the Convention and Protocols;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources, pursuant to subsections 7(2), 35(1) (see footnote a) and 120(1) and (2), paragraph 182(a), section 190 and paragraphs 207(2)(a) and 244(a) of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Vessel Pollution and Dangerous Chemicals Regulations.

TABLE OF CONTENTS

(This table is not part of the Regulations.)

VESSEL POLLUTION AND DANGEROUS CHEMICALS REGULATIONS

INTERPRETATION

1 Definitions

2 Referenced documents — as amended from time to time

APPLICATION

3 Application

PART 1

GENERAL

POLLUTANTS

4 Prescribed pollutants

5 Exceptions to prohibited discharges

DETECTION OF VIOLATIONS AND ENFORCEMENT OF MARPOL

6 Article 6 of MARPOL

CANADIAN VESSELS IN SPECIAL AREAS

7 Oil and oily mixtures

8 Emission control areas

EQUIPMENT

9 Requirements

10 Certificate of type approval

PART 2

SPECIFIC PROVISIONS

DIVISION 1

OIL

Subdivision 1

Construction and Equipment

11 Plans and specifications

12 Equipment requirements

13 5 ppm bilge alarms

14 Containers or enclosed deck areas for bunkering operations

15 Containers or enclosed deck areas for oil tankers

16 Tanks for oily residue and sludge oil

17 Oil fuel tank protection

18 Forepeak tanks and tanks forward of the collision bulkhead

19 Cargo spaces in vessels other than oil tankers

20 Pumps

21 Means for stopping discharge pumps

22 Retention or discharge equipment — oil tankers of 150 gross tonnage or less

Subdivision 2

Certificates, Endorsements and Inspections

23 Issuance of Canadian Oil Pollution Prevention Certificates

24 Endorsement of Canadian Oil Pollution Prevention Certificates

Subdivision 3

Shipboard Documents

25 Certificates

26 Survey report file

27 Emergency plan

Subdivision 4

Discharges of Oil and Oily Mixtures

28 Application

29 Prohibition

30 Authorized discharge — Section I waters

31 Authorized discharge — Section II waters and seaward

Subdivision 5

Transfer Operations

32 Application

33 Communications

34 Lighting

35 Transfer conduits

36 Reception facility — standard discharge connections

37 Requirements for transfer operations — vessels

38 Duties of supervisors of transfer operations — vessels

39 Emergency

Subdivision 6

Record-keeping

40 Oil Record Books — Part Ⅰ

41 Reception facility receipts

42 Recording device for bilge alarms

Subdivision 7

Double Hulling for Oil Tankers

General

43 Application

Phasing-in

44 Interpretation

Oil Tankers Carrying Heavy Grade Oil as Cargo

45 Definition of “heavy grade oil”

Requirements for Other Oil Tankers

46 Application

Oil Barges

47 Height of double bottom

Subdivision 8

Exemptions and Equivalents

48 Board

DIVISION 2

NOXIOUS LIQUID SUBSTANCES AND DANGEROUS CHEMICALS

Subdivision 1

General

49 Limited application — foreign vessels

50 Liquid substances

Subdivision 2

Construction and Equipment

51 Plans and specifications

52 NLS tankers — Annex II to MARPOL

53 Containers or enclosed deck areas — NLS tankers

Subdivision 3

Certificates, Endorsements and Inspections

54 Issuance

55 Endorsement of Canadian NLS certificates

Subdivision 4

Shipboard Documents

56 Certificates

57 Emergency plan

Subdivision 5

Notices

58 Display

Subdivision 6

Control of Cargo Operations

59 Operational requirements — NLS tankers

60 Operational requirements — IBC Code

61 Tank washing operations

62 Stripping operations

63 Procedures — Category X

64 Interpretation

65 Ventilation procedures

Subdivision 7

Discharges of Noxious Liquid Substances

66 Application

67 Prohibition

68 Authorized discharge — Category X

69 Authorized discharge — Category Y

70 Authorized discharge — Category Z

71 Authorized discharge — ballast water

Subdivision 8

Transfer Operations

72 Application

73 Communications

74 Lighting

75 Transfer conduits

76 Requirements for transfer operations — vessels

77 Duties of supervisors of transfer operations — vessels

78 Emergencies

Subdivision 9

Record-keeping

79 Cargo Record Books for NLS tankers

80 Reception facility receipts

Subdivision 10

Exemptions and Equivalents

81 Board

DIVISION 3

MARINE POLLUTANTS

82 Discharge prohibited

DIVISION 4

SEWAGE

Subdivision 1

General

83 Interpretation

84 Definition of “existing vessel”

Subdivision 2

Equipment

85 Plans and specifications

86 Vessels with toilet facilities

87 Securing toilets

88 Holding tanks

89 Transfer conduits

90 Marine sanitation devices

Subdivision 3

Certificates and Inspections

91 Issuance of International Sewage Pollution Prevention Certificates

92 Inspection

Subdivision 4

Shipboard Documents

93 Certificates

Subdivision 5

Discharges of Sewage or Sewage Sludge

94 Application

95 Prohibition

96 Authorized discharge

Subdivision 6

Operational Testing

97 Interpretation

DIVISION 5

GARBAGE

Subdivision 1

General

98 Interpretation

99 Application

Subdivision 2

Discharges of Garbage

100 Prohibition

101 Authorized discharge — garbage

102 Authorized discharge — cargo residues

Subdivision 3

Placards and Garbage Management Plans

103 Display of placards

104 Keep on board garbage management plans

Subdivision 4

Record-keeping

105 Garbage Record Books

106 Entries — officer in charge

107 Reception facility receipts

DIVISION 6

AIR

Subdivision 1

Requirements for Control of Emissions from Vessels

Plans and Specifications

108 Approval

Ozone-depleting Substances

109 Emission prohibited

Nitrogen Oxides (NOx) — Diesel Engines

110 Application

Sulphur Oxides (SOx)

111 Maximum sulphur content

Volatile Organic Compounds

112  Vapour collection systems

Shipboard Incineration

113 Prohibition

114 Prohibition unless in a shipboard incinerator

115 Shipboard incinerators

Fuel Oil Quality

116 Requirements

Subdivision 2

Smoke

117 Application

118 Density of black smoke

119 Limits of smoke emission — general

Subdivision 3

Certificates

Certificates, Endorsements and Inspections

120 Issuance of Canadian Air Pollution Prevention Certificates

121 Endorsement of Canadian Air Pollution Prevention Certificates

Subdivision 4

Shipboard Documents

122 Certificates, etc.

Subdivision 5

Record-keeping and Samples

123 Record book of engine parameters

124 Bunker delivery notes

Subdivision 6

Equivalents

125 Board

DIVISION 7

POLLUTANT SUBSTANCES

126 Discharge prohibited

DIVISION 8

ANTI-FOULING SYSTEMS

Controls on Anti-fouling Systems

127 Organotin compounds

Certificates and Endorsements

128 Issuance of International Anti-fouling System Certificates

129 Endorsement

Shipboard Documents

130 Certificates

131 Definition of “length”

PART 3

POLLUTANT DISCHARGE REPORTING

132 Vessels in waters under Canadian jurisdiction

133 Oil handling facilities

PART 4

CONSEQUENTIAL AMENDMENT, REPEALS
AND COMING INTO FORCE

134. Consequential Amendment to the Vessel Clearance Regulations

135-136. Repeals

COMING INTO FORCE

137 Registration date

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

VESSEL POLLUTION AND DANGEROUS
CHEMICALS REGULATIONS

INTERPRETATION

Definitions

1. (1) The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Canada Shipping Act, 2001.

“anti-fouling system”
« système antisalissure »

“anti-fouling system” means a coating, paint, surface treatment, surface or device that is used on a vessel to control or prevent the attachment of unwanted organisms.

“Anti-fouling Systems Convention”
« Convention sur le contrôle des systèmes antisalissure »

“Anti-fouling Systems Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001.

“arctic waters”
« eaux arctiques »

“arctic waters” has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act.

“a similar stage of construction”
« la construction se trouve à un stade équivalent »

“a similar stage of construction” means the stage at which

  1. (a) construction identifiable with a specific vessel begins; and

  2. (b) assembly of that vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material.

“BCH Code”
« Recueil BCH »

“BCH Code” means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO.

“Board”
« Bureau »

“Board” means the Marine Technical Review Board established under section 26 of the Act.

“Canadian pleasure craft”
« embarcation de plaisance canadienne »

“Canadian pleasure craft” means a pleasure craft licensed under Part 10 of the Act.

“cargo residues”
« résidus de cargaison »

“cargo residues” means the remnants of any cargo material on board a vessel that cannot be placed in proper cargo holds (loading excess and spillage) or that remain in cargo holds or elsewhere after unloading procedures are completed (unloading residual and spillage) and includes cargo sweepings.

“carried in packaged form”
« transporté en colis »

“carried in packaged form” means carried in a receptacle that has a net mass not exceeding 400 kg or a capacity not exceeding 450 L.

“Certificate of Fitness for an Offshore Support Vessel”
« certificat d’aptitude pour un bâtiment de servitude au large »

“Certificate of Fitness for an Offshore Support Vessel” means a Certificate of Fitness referred to in Resolution A.673(16).

“chemical tanker”
« bâtiment-citerne pour produits chimiques »

“chemical tanker” means a vessel that was constructed or adapted for the carriage in bulk of any dangerous chemical.

“combination carrier”
« transporteur mixte »

“combination carrier” means a vessel designed to carry oil or solid cargoes in bulk.

“crude oil”
« pétrole brut »

“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes

  1. (a) crude oil from which distillate fractions have been removed; and

  2. (b) crude oil to which distillate fractions have been added.

“crude oil tanker”
« transporteur de pétrole brut »

“crude oil tanker” means an oil tanker engaged in the trade of carrying crude oil.

“dangerous chemical”
« produit chimique dangereux »

“dangerous chemical” means any liquid substance listed in chapter 17 of the IBC Code.

“deadweight”
« port en lourd »

“deadweight” means the difference in tonnes between the displacement of a vessel in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the vessel.

“en route”
« fait route »

“en route”, in respect of a vessel, means being underway on a course that, so far as feasible for navigational purposes, will cause any discharge to be spread over as great an area as is reasonably feasible.

“fishing zone”
« zone de pêche »

“fishing zone” has the same meaning as a fishing zone of Canada described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order, the Fishing Zones of Canada (Zones 4 and 5) Order or the Fishing Zones of Canada (Zone 6) Order.

“foreign pleasure craft”
« embarcation de plaisance étrangère »

“foreign pleasure craft” means a pleasure craft that is not a Canadian vessel or a vessel licensed under Part 10 of the Act.

“from the nearest land”
« à partir de la terre la plus proche »

“from the nearest land” means seaward from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that off the northeastern coast of Australia it has the same meaning as in Annexes I, II, IV and V to MARPOL.

“garbage”
« ordures »

“garbage” means all kinds of victual, domestic and operational waste that is generated during the normal operation of a vessel and that is likely to be disposed of continuously or periodically, and includes plastics, dunnage, lining and packing materials, galley wastes and refuse such as paper products, rags, glass, metal, bottles, crockery, incinerator ash and cargo residues. However, it does not include fresh fish, fresh fish parts, oil, oily mixtures, noxious liquid substances, liquid substances that are listed in chapter 18 of the IBC Code and categorized as OS in the Pollution Category column of that chapter, liquid substances that are provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling outside category X, Y or Z, substances listed in Schedule 1, marine pollutants, sewage or sewage sludge.

“gas carrier”
« transporteur de gaz »

“gas carrier” means a cargo vessel that was constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO.

“handling facility”
« installation de manutention »

“handling facility” means any shore or sea installation that is used for the loading or unloading of oil, oily mixtures, noxious liquid substances or dangerous chemicals to or from vessels.

“IBC Code”
« Recueil IBC »

“IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO.

“IMO”
« OMI »

“IMO” means the International Maritime Organization.

“inland waters of Canada”
« eaux internes du Canada »

“inland waters of Canada”, except in Division 4 of Part 2, means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

  1. (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

  2. (b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63°W.

“lightweight”
« poids lège »

“lightweight” means the displacement of a vessel in tonnes without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, or passengers and crew and their effects.

“liquid substance”
« substance liquide »

“liquid substance” means a substance that is in liquid form and has a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8°C.

“machinery spaces”
« tranche des machines »

“machinery spaces” has the same meaning as in section 2 of the Marine Machinery Regulations.

“major conversion”
« transformation importante »

“major conversion” means

  1. (a) in the case of a vessel referred to in Division 1 or 2 of Part 2, a conversion of a vessel that

    1. (i) substantially alters the dimensions or carrying capacity of the vessel,
    2. (ii) changes the type of the vessel,

    3. (iii) is intended to substantially prolong the life of the vessel, or

    4. (iv) alters the vessel such that it becomes subject to provisions of Division 1 or 2 of Part 2 that would not be applicable to it otherwise; and
  2. (b) in the case of a diesel engine referred to in Division 6 of Part 2, a modification of an engine where
    1. (i) the engine is replaced by an engine built after December 31, 1999,

    2. (ii) any substantial modification, as defined in section 1.3.2 of the NOx Technical Code, is made to the engine, or

    3. (iii) the maximum continuous rating of the engine is increased by more than 10%.

“marine pollutants”
« polluants marins »

“marine pollutants” has the same meaning as “harmful substances” in regulation 1 of Annex III to MARPOL, and includes packaging that has been used for the carriage of a harmful substance unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment.

“MARPOL”
« MARPOL »

“MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention.

“Minister”
« ministre »

“Minister” means the Minister of Transport.

“NLS tanker”
« bâtiment-citerne SLN »

“NLS tanker” means a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk.

“NOx Technical Code”
« Code technique sur les NOx »

“NOx Technical Code” means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines, published by the IMO.

“noxious liquid substance”
« substance liquide nocive »

“noxious liquid substance” means a liquid substance, alone or in a mixture with other substances, that is listed in chapter 17 or 18 of the IBC Code and categorized as Category X, Y or Z in the Pollution Category column of the chapter in which it is listed, or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z.

“offshore support vessel”
« bâtiment de servitude au large »

“offshore support vessel” means a vessel to which Resolution A.673(16) applies.

“oil tanker”
« pétrolier »

“oil tanker” means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier, an NLS tanker and a gas carrier that is carrying a cargo or part cargo of oil in bulk.

“oily mixture”
« mélange d’hydrocarbures »

“oily mixture” means a mixture with any oil content.

“ozone-depleting substance”
« substance qui appauvrit la couche d’ozone »

“ozone-depleting substance” means a controlled substance as defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer.

“plastics”
« matières plastiques »

“plastics” includes

  1. (a) synthetic ropes, synthetic fishing nets and plastic garbage bags; and

  2. (b) incinerator ash that is from plastics and may contain toxic or heavy metal residues.

“ppm”
« ppm »

“ppm” means parts per million, by volume.

“residual chlorine content”
« chlore résiduel »

“residual chlorine content” means the quantity of free available chlorine determined to be in effluent when it is tested in accordance with the amperometric titration method described in section 4500-Cl D of the Standard Methods.

“Resolution A.673(16)”
« résolution A.673(16) »

“Resolution A.673(16)” means the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16).

“Resolution MEPC.107(49)”
« résolution MEPC.107 (49) »

“Resolution MEPC.107(49)” means the Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships, the Annex to IMO Resolution MEPC.107(49).

“Section I waters”
« eaux de la section I »

“Section I waters” means fishing zone 1, fishing zone 2, fishing zone 3 and

  1. (a) for the purposes of Division 1 of Part 2, any other portion of the internal waters of Canada that is not in arctic waters; and

  2. (b) for the purposes of Divisions 4, 5 and 7 of Part 2, any other portion of the internal waters of Canada that is not in a shipping safety control zone.

“Section II waters”
« eaux de la section II »

“Section II waters” means waters under Canadian jurisdiction that are not in

  1. (a) fishing zone 1, fishing zone 2, fishing zone 3 or any other portion of the internal waters of Canada; or

  2. (b) arctic waters.

“segregated ballast”
« ballast séparé »

“segregated ballast” means ballast water that is introduced into a tank that is completely separated from the cargo-oil system and oil-fuel system and permanently allocated to the carriage of ballast or to the carriage of ballast and cargoes other than oil, noxious liquid substances or substances listed in Schedule 1.

“sewage”
« eaux usées »

“sewage” means

  1. (a) human body wastes and wastes from other living animals;

  2. (b) drainage and other wastes from toilets and other receptacles intended to receive or retain human body wastes;

  3. (c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;

  4. (d) drainage from spaces containing living animals; and

  5. (e) other drainage or wastes when mixed with the drainage or other wastes referred to in paragraph (a), (b), (c) or (d).

“shipboard incinerator”
« incinérateur de bord »

“shipboard incinerator” means a shipboard facility designed for the primary purpose of incineration on board a vessel of wastes or other matter generated during the normal operation of the vessel.

“shipping safety control zone”
« zone de contrôle de la sécurité de la navigation »

“shipping safety control zone” has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act.

“sludge oil”
« boues d’hydrocarbures »

“sludge oil” means sludge from the fuel or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, and waste oil from bilge water separators, oil filtering equipment or drip trays.

“smoke”
« fumée »

“smoke” means any solid, liquid, gas or combination of them produced by the combustion of fuel, and includes particulate matter.

“Standard Methods”
« Standard Methods »

“Standard Methods” means the Standard Methods for the Examination of Water and Wastewater, jointly published by the American Public Health Association, the American Water Works Association and the Water Environment Federation.

“transfer operation”
« opération de transbordement »

“transfer operation” means

  1. (a) for the purposes of Division 1 of Part 2,

    1. (i) the loading of oil or an oily mixture in bulk to a vessel from a handling facility or another vessel, or

    2. (ii) the unloading of oil or an oily mixture in bulk from a vessel to a handling facility or another vessel; and

  2. (b) for the purposes of Division 2 of Part 2,

    1. (i) the loading of a noxious liquid substance or dangerous chemical in bulk to a vessel from a handling facility or another vessel, or

    2. (ii) the unloading of a noxious liquid substance or dangerous chemical in bulk from a vessel to a handling facility or another vessel.

“waters under Canadian jurisdiction”
« eaux de compétence canadienne »

“waters under Canadian jurisdiction” means

  1. (a) Canadian waters; and

  2. (b) waters in the exclusive economic zone of Canada.

Date vessel is constructed

(2) For the purposes of these Regulations, a vessel is constructed on the earlier of

  1. (a) the day on which its keel is laid, and

  2. (b) the day on which a similar stage of construction is reached.

Authorized representative

(3) For the purposes of these Regulations, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the operator of the pleasure craft.

Certificates

(4) For the purposes of these Regulations, a reference to a certificate that a vessel is required to hold and keep on board is to be read as a reference to

  1. (a) if the vessel is a Canadian vessel or a Canadian pleasure craft, a certificate issued under these Regulations; and

  2. (b) if the vessel is a foreign vessel or a foreign pleasure craft, a certificate issued in English, French or Spanish by or on behalf of the government of the state whose flag the vessel is entitled to fly.

Referenced documents — as amended from time to time

2. (1) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

Administration

(2) For the purposes of these Regulations, wherever the term “Administration” appears in a document incorporated by reference into these Regulations, it means

  1. (a) in the case of a Canadian vessel or a Canadian pleasure craft, the Minister; and

  2. (b) in the case of a foreign vessel or a foreign pleasure craft, the government of the state whose flag the vessel is entitled to fly.

Inconsistencies

(3) In the event of an inconsistency between a definition in a document incorporated by reference into these Regulations and any other definition in these Regulations, that other definition prevails to the extent of the inconsistency.

Should

(4) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must”.

Footnotes

(5) For the purposes of these Regulations, guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document incorporated by reference into these Regulations are to be considered mandatory.

APPLICATION

Application

3. (1) Except as otherwise provided, these Regulations apply in respect of

  1. (a) vessels in waters under Canadian jurisdiction; and

  2. (b) Canadian vessels everywhere.

Vessels engaged in exploration or drilling

(2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except when the vessel is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

Government vessels

(3) Sections 187 and 189 of the Act and these Regulations do not apply in respect of government vessels.

Vessels owned or operated by a foreign state

(4) These Regulations, other than sections 5, 30, 31, 101 and 102, do not apply in respect of vessels that are owned or operated by a foreign state when they are being used only in government non-commercial service.

PART 1

GENERAL

POLLUTANTS

Prescribed pollutants

4. For the purposes of sections 187 and 189 of the Act, the following substances are prescribed pollutants:

  1. (a) oil and any oily mixture;

  2. (b) garbage; and

  3. (c) organotin compounds that act as biocides.

Exceptions to prohibited discharges

5. For the purposes of section 187 of the Act and sections 7, 8, 29, 67, 82, 95, 100 and 126 substances may be discharged, and for the purposes of subsections 109(1) and 110(6) substances may be emitted, if

  1. (a) the discharge or emission is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel;

  2. (b) the discharge or emission occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers;

  3. (c) the discharge is a minimal and unavoidable leakage of oil that occurs as a result of the operation of an underwater machinery component;

  4. (d) the discharge is an accidental loss of a synthetic fishing net and all reasonable precautions were taken to prevent the loss;

  5. (e) the discharge is a discharge of garbage that results from damage to a vessel or its equipment, and all reasonable precautions were taken

    1. (i) before the occurrence of the damage to prevent and minimize the discharge, and

    2. (ii) after the occurrence of the damage to minimize the discharge; or

  6. (f) the emission involves pollution of the air and results from damage to a vessel or its equipment, and all reasonable precautions were taken

    1. (i) before the occurrence of the damage to prevent and minimize the emission, and

    2. (ii) after the occurrence of the damage to minimize the emission.

DETECTION OF VIOLATIONS AND ENFORCEMENT OF MARPOL

Article 6 of MARPOL

6. (1) The Minister may board a foreign vessel and take action under Article 6 of MARPOL, including inspecting the vessel for the purpose of paragraph 5 of that Article.

If MARPOL does not apply

(2) In the case of a foreign vessel to which MARPOL does not apply, Article 6 applies as though MARPOL applied to the vessel.

CANADIAN VESSELS IN SPECIAL AREAS

Oil and oily mixtures

7. (1) A Canadian vessel, and a person on a Canadian vessel, must not discharge oil or an oily mixture in any of the following areas except in accordance with the requirements of regulations 15 and 34 of Annex I to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  1. (a) the Mediterranean Sea area, as defined in regulation 1.11.1 of Annex I to MARPOL;

  2. (b) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL;

  3. (c) the Black Sea area, as defined in regulation 1.11.3 of Annex I to MARPOL;

  4. (d) the Gulfs area, as defined in regulation 1.11.5 of Annex I to MARPOL;

  5. (e) the Antarctic area, as defined in regulation 1.11.7 of Annex I to MARPOL;

  6. (f) the North West European waters, as defined in regulation 1.11.8 of Annex I to MARPOL; and

  7. (g) the Southern South African waters, as defined in regulation 1.11.10 of Annex I to MARPOL.

Noxious liquid substances

(2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S except in the circumstances set out in section 5 that apply in respect of the discharge.

Garbage

(3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  1. (a) the Mediterranean Sea area, as defined in regulation 5(1)(a) of Annex V to MARPOL;

  2. (b) the Baltic Sea area, as defined in regulation 5(1)(b) of Annex V to MARPOL;

  3. (c) the Gulfs area, as defined in regulation 5(1)(e) of Annex V to MARPOL;

  4. (d) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL;

  5. (e) the Antarctic area, as defined in regulation 5(1)(g) of Annex V to MARPOL; and

  6. (f) the Wider Caribbean Region, as defined in regulation 5(1)(h) of Annex V to MARPOL.

Emission control areas

8. When a Canadian vessel is in the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL, or in the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL, its authorized representative and its master must ensure that the requirements of regulations 14.4 to 14.6 of Annex VI to MARPOL are met.

EQUIPMENT

Requirements

9. (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any equipment that is referred to in paragraph 25(2)(a), subsection 93(2) or paragraph 122(b) and that is on the vessel

  1. (a) is of a type approved by the Minister as meeting the applicable requirements of these Regulations; and

  2. (b) is maintained in good working order.

Prohibition

(2) A person must not operate equipment referred to in subsection (1) that no longer meets the applicable requirements.

Certificate of type approval

10. On application, the Minister must issue a certificate of type approval for any equipment referred to in subsection 9(1) if the Minister determines that the equipment meets the applicable requirements of these Regulations.

PART 2

SPECIFIC PROVISIONS

DIVISION 1

OIL

Subdivision 1

Construction and Equipment

Plans and specifications

11. On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision and Subdivision 7.

Equipment requirements

12. (1) The authorized representative of an oil tanker of 150 gross tonnage or more, or of any other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must ensure that

  1. (a) in the case of an oil tanker, it

    1. (i) meets the requirements of regulations 25.1 to 25.4 of Annex I to MARPOL respecting the hypothetical outflow of oil requirements,

    2. (ii) meets the requirements of regulations 26.2 to 26.6 of Annex I to MARPOL respecting the size limitation and arrangements of cargo tanks,

    3. (iii) meets the requirements of regulations 27, 28.1 to 28.4 and 28.6 of Annex I to MARPOL respecting subdivision and stability,

    4. (iv) has slop tank arrangements that meet the requirements of regulation 29 of Annex I to MARPOL,

    5. (v) is fitted with pumping, piping and discharge arrangements that meet the requirements of regulations 30.1 to 30.4 of Annex I to MARPOL,

    6. (vi) is fitted with an oil discharge monitoring and control system that meets the requirements of regulation 31 of Annex I to MARPOL, and

    7. (vii) is fitted with oil-water interface detectors that meet the requirements of regulation 32 of Annex I to MARPOL;

  2. (b) in the case of a crude oil tanker of 20 000 tonnes deadweight or more but less than 40 000 tonnes deadweight, it meets the requirements of paragraph (a) and is fitted with

    1. (i) segregated ballast tanks that meet the requirements of regulations 18.2 and 18.12 to 18.15 of Annex I to MARPOL, and

    2. (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  3. (c) in the case of an oil tanker of 30 000 tonnes deadweight or more engaged in carrying oil other than crude oil as cargo, it meets the requirements of subparagraph (b)(i) or, if the tanker is of 40 000 tonnes deadweight or more, was constructed before July 31, 1995 and has not undergone a major conversion since that date, it operates with dedicated clean ballast tanks that meet the requirements of regulation 18.8 of Annex I to MARPOL;

  4. (d) in the case of a crude oil tanker of 40 000 tonnes deadweight or more, it is fitted with

    1. (i) segregated ballast tanks that meet the requirements of regulations 18.2 and 18.12 to 18.15 of Annex I to MARPOL, or

    2. (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  5. (e) in the case of a vessel of 400 gross tonnage or more, unless it engages only on voyages in Section I waters and is fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water, it is fitted with

    1. (i) oil filtering equipment, alarm arrangements and automatic stopping arrangements that meet the requirements of regulation 14 of Annex I to MARPOL, or

    2. (ii) if it is of less than 10 000 gross tonnage and engages on voyages in Section II waters, oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL; and

  6. (f) in the case of a vessel that engages only on voyages in the inland waters of Canada and is not fitted with a holding tank that has a volume adequate for the retention on board of oily mixtures from the machinery space bilges, it is fitted with oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL, with a 5 ppm bilge alarm that meets the requirements of section 13 and with an automatic stopping arrangement that is substantially similar to that referred to in regulation 14.7 of Annex I to MARPOL.

Non-application of subparagraph (1)(a)(i)

(2) Subparagraph (1)(a)(i) does not apply in respect of an oil tanker

  1. (a) for which the building contract is placed after December 31, 2006;

  2. (b) that is constructed after June 30, 2007, in the absence of a building contract;

  3. (c) that is delivered after January 9, 2010; or

  4. (d) that undergoes a major conversion

    1. (i) for which the building contract is placed after December 31, 2006,

    2. (ii) for which the construction work begins after June 30, 2007, in the absence of a building contract, or

    3. (iii) that is completed after December 31, 2009.

Limited application of subparagraph (1)(a)(ii)

(3) Subparagraph (1)(a)(ii) applies only in respect of an oil tanker referred to in regulation 26.1 of Annex I to MARPOL that is not an oil tanker delivered on or after 1 January 2010 as defined in regulation 1.28.8 of that Annex.

Non-application of subparagraphs (1)(a)(iv), (vi) and (vii)

(4) Subparagraphs (1)(a)(iv), (vi) and (vii) do not apply in respect of an oil tanker that

  1. (a) engages exclusively in carrying cargoes of asphalt or similar oils that, through their physical properties, inhibit the effective separation of oil and water and effective monitoring of the discharge of oil; or

  2. (b) engages only on voyages that

    1. (i) are in waters under Canadian jurisdiction within 50 nautical miles from the nearest land, other than in shipping safety control zones, and are of 72 hours or less in duration, or

    2. (ii) are in shipping safety control zones.

Non-application of subparagraphs (1)(a)(vi) and (vii)

(5) Subparagraphs (1)(a)(vi) and (vii) do not apply in respect of an oil tanker that engages only on voyages in waters under Canadian jurisdiction within 50 nautical miles from the nearest land or in shipping safety control zones.

Non-application of subparagraphs (1)(a)(iv) to (vii)

(6) Subparagraphs (1)(a)(iv) to (vii) do not apply in respect of an oil tanker that does not have mechanical means of propulsion and cannot wash or ballast its cargo tanks while en route.

Limited application of paragraphs (1)(b) to (d)

(7) Paragraphs (1)(b) to (d) apply only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL.

Application of paragraph (1)(e) in shipping safety controls zones

(8) Despite paragraph (1)(e), a vessel of 400 gross tonnage or more that engages on voyages in shipping safety control zones must be fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water. The vessel is required to meet the requirements of subparagraph (1)(e)(i) or (ii) only if the vessel also engages on voyages in Section II waters.

Non-application of paragraphs (1)(e) and (f)

(9) Paragraphs (1)(e) and (f) do not apply in respect of a vessel that does not have mechanical means of propulsion or a total auxiliary power of 400 kW or more.

Oily-water separating equipment

(10) For the purposes of paragraph (1)(e) and the requirements of regulation 14 of Annex I to MARPOL in respect of oil filtering equipment, oily-water separating equipment that was installed before July 31, 1995 may be used if a process unit that meets the requirements of Appendix 1 to the Recommendation Concerning the Installation of Oily-Water Separating Equipment Under the International Convention for the Prevention of Pollution from Ships, 1973 as Modified by the Protocol of 1978 Relating Thereto, the Annex to IMO Resolution A.444(XI), is attached to the equipment.

5 ppm bilge alarms

13. (1) The 5 ppm bilge alarm required under paragraph 12(1)(f) must

  1. (a) meet the requirements of Part 2 of the Annex to Resolution MEPC.107(49);

  2. (b) have an oil content meter that can detect and measure 5 ppm or less of oil in a vessel’s machinery space bilge water overboard discharge;

  3. (c) have automatic stopping arrangements; and

  4. (d) meet the requirements of section 7 of the Standard for 5 ppm Bilge Alarms for Canadian Inland Waters, TP 12301, published by Transport Canada.

Grandfathering

(2) Paragraphs (1)(a) and (d) do not apply in respect of a 5 ppm bilge alarm installed before May 3, 2007 on a vessel constructed before January 1, 2005 if the alarm meets the applicable requirements of subparagraph 8(1)(e)(ii) of the Oil Pollution Prevention Regulations as they read on May 2, 2007.

Containers or enclosed deck areas for bunkering operations

14. (1) The authorized representative of a vessel of 100 gross tonnage or more must ensure that it is fitted with a container or has an enclosed deck area that, under even-keel conditions,

  1. (a) can retain oil that might leak or spill during bunkering operations;

  2. (b) has a capacity of not less than 0.08 m3 if the vessel is of less than 400 gross tonnage or not less than 0.16 m3 if the vessel is of 400 gross tonnage or more; and

  3. (c) does not adversely affect the stability of the vessel or the safety of its crew.

Non-application

(2) Subsection (1) does not apply in respect of a vessel that

  1. (a) is fitted with an overflow system that prevents oil from overflowing onto the open deck; or

  2. (b) usually fills its bunkers from a truck and is equipped with a bunkering hose that has an inside diameter of 51 mm or less and employs an automatic shut-off nozzle.

Containers or enclosed deck areas for oil tankers

15. (1) The authorized representative of an oil tanker must ensure that each oil cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  1. (a) can retain oil that might leak or spill during transfer operations;

  2. (b) has a means for the removal of the oil retained in it; and

  3. (c) does not adversely affect the stability of the tanker or the safety of its crew.

Volume

(2) If the largest conduit serving an oil cargo manifold or a cargo transfer connection point on an oil tanker has an inside diameter set out in column 1 of the table to this subsection, the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

TABLE

Item

Column 1


Inside Diameter

Column 2

Volume of Container or
Enclosed Deck Area

1.

Less than 51 mm

0.08 m3

2.

51 mm or more but less than 101 mm

0.16 m3

3.

101 mm or more but less than 153 mm

0.32 m3

4.

153 mm or more but less than 305 mm

0.48 m3

5.

305 mm or more

0.64 m3

Tanks for oily residue and sludge oil

16. The authorized representative of a vessel of 400 gross tonnage or more must ensure that it is fitted with tanks that

  1. (a) have an adequate capacity, having regard to the type of machinery fitted on the vessel and the vessel’s usual length of voyage, to receive the vessel’s oily residues and sludge oil; and

  2. (b) are designed and constructed so as to facilitate their cleaning.

Oil fuel tank protection

17. (1) The authorized representative of a vessel that is delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, and has an aggregate oil fuel capacity of 600 m3 or more must ensure that the requirements of regulation 12A of that Annex are met.

Small oil fuel tanks

(2) Subsection (1) does not apply in respect of an oil fuel tank that has a capacity of 30 m3 or less if the aggregate capacity of all such tanks on the vessel is 600 m3 or less.

Forepeak tanks and tanks forward of the collision bulkhead

18. The authorized representative and the master of a vessel of 400 gross tonnage or more that is put into service after February 15, 1993 must ensure that it is does not carry oil in a forepeak tank or in a tank forward of the collision bulkhead.

Cargo spaces in vessels other than oil tankers

19. (1) If a vessel, other than an oil tanker, is fitted with cargo spaces that are constructed and used for carrying oil in bulk and have an aggregate capacity of at least 200 m3,

  1. (a) the vessel’s authorized representative must ensure that the requirements of regulation 26.4 of Annex I to MARPOL, subparagraphs 12(1)(a)(iv) to (vii), sections 15 and 18 and Subdivision 7 are met in respect of the vessel;

  2. (b) the vessel’s master must ensure that the requirements of section 18 and subsection 40(7) are met in respect of the vessel; and

  3. (c) the vessel must keep on board an equipment operation manual for its oil discharge monitoring and control system that meets the requirements of regulation 31.4 of Annex I to MARPOL.

Exception — capacity of less than 1 000 m3

(2) Despite paragraph (1)(a), if the cargo spaces have an aggregate capacity of less than 1 000 m3 and the vessel is equipped with installations that can retain on board contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility, the vessel’s authorized representative need not ensure that the requirements of subparagraphs 12(1)(a)(iv), (vi) and (vii) are met.

Pumps

20. (1) The authorized representative of a vessel of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped with one or more pumps that can transfer oily residues from its machinery space bilges and sludge oil tanks through a piping system to a reception facility.

Piping systems

(2) The vessel’s authorized representative must ensure that the piping system has

  1. (a) a stop valve that is accessible from the weather deck; and

  2. (b) an outlet that is accessible from the weather deck and is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.

Connections overboard

(3) The vessel’s authorized representative must ensure that the piping to and from sludge oil tanks has no direct connection overboard other than the standard discharge connection.

Means for stopping discharge pumps

21. The authorized representative of a Canadian vessel, or a Canadian pleasure craft, of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped on the weather deck with a means for stopping each pump that is used to discharge oily residues and sludge oil.

Retention or discharge equipment — oil tankers of 150 gross tonnage or less

22. (1) The authorized representative of an oil tanker of 150 gross tonnage or less must ensure that it is equipped with

  1. (a) installations that can retain on board oily residues, contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility; or

  2. (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

Retention or discharge equipment — vessels of less than 400 gross tonnage

(2) The authorized representative of a vessel of less than 400 gross tonnage that carries oil as fuel or as cargo must ensure that the vessel is equipped with

  1. (a) installations that can retain on board oily residues for the purpose of their subsequent transfer to a reception facility; or

  2. (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

Subdivision 2

Certificates, Endorsements and Inspections

Issuance of Canadian Oil Pollution Prevention Certificates

23. (1) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue a Canadian Oil Pollution Prevention Certificate to the vessel if the applicable requirements of this Division are met.

Issuance of International Oil Pollution Prevention Certificates

(2) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Oil Pollution Prevention Certificate to the vessel if the applicable requirements of Annex I to MARPOL are met.

Endorsement of Canadian Oil Pollution Prevention Certificates

24. (1) The authorized representative of a vessel that holds a Canadian Oil Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

Endorsement of International Oil Pollution Prevention Certificates

(2) The authorized representative of a vessel that holds an International Oil Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 6.1.3, 6.1.4 and 7.2 of Annex I to MARPOL.

Inspection

(3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 23 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

Non-application

(4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

Subdivision 3

Shipboard Documents

Certificates

25. (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more, that carries oil as cargo or as fuel must hold and keep on board

  1. (a) a Canadian Oil Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction;

  2. (b) an International Oil Pollution Prevention Certificate that is in the form set out in appendix II to Annex I to MARPOL, if the vessel

    1. (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

    2. (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL; or
    (c) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex I to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to MARPOL.

Certificates of type approval, etc.

(2) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board

  1. (a) a copy of the certificate of type approval for any of the following equipment that is fitted on the vessel:

    1. (i) a 100 ppm oily-water separator and a process unit,

    2. (ii) oil filtering equipment,

    3. (iii) an oil content meter for the equipment referred to in subparagraph (i) or (ii),

    4. (iv) an oil content meter for an oil discharge monitoring and control system, and

    5. (v) an oil-water interface detector;
  2. (b) in respect of the equipment referred to in subparagraphs (a)(iii) and (iv), a calibration certificate issued by or on behalf of its manufacturer;

  3. (c) in the case of an oil tanker, the information referred to in regulation 28.5 of Annex I to MARPOL relative to loading and distribution of cargo and the data referred to in that regulation on the ability of the tanker to comply with damage stability criteria;

  4. (d) in the case of an oil tanker fitted with an oil discharge monitoring and control system, an equipment operation manual that meets the requirements of regulation 31.4 of Annex I to MARPOL;

  5. (e) in the case of a crude oil tanker of 20 000 tonnes deadweight or more,

    1. (i) an Operations and Equipment Manual for the tanker’s crude oil washing system that meets the requirements of regulation 35.1 of Annex I to MARPOL and, if the tanker is a Canadian vessel, that is approved by the Minister as meeting those requirements, and

    2. (ii) instruction manuals for the tanker’s inert gas system that contain the information and operational instructions referred to in section 11 of Inert Gas Systems, 1990 edition, published by the IMO, and, if the tanker is a Canadian vessel, that are approved by the Minister as meeting the requirements of that section; and
  6. (f) in the case of a combination carrier in respect of which the Minister or, in the case of a combination carrier that is a foreign vessel, the government of the state whose flag the carrier is entitled to fly has allowed simple supplementary operational procedures for liquid transfer operations under regulation 27.2 of Annex I to MARPOL, procedures that meet the requirements of regulation 27.3 of that Annex.

Subparagraph (2)(e)(ii)

(3) Subparagraph (2)(e)(ii) applies

  1. (a) only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL; and

  2. (b) in respect of Canadian vessels only in waters under Canadian jurisdiction.

Survey report file

26. (1) Every oil tanker that is more than five years of age must keep on board the survey report file and supporting documentation, including the condition evaluation report, referred to in section 6 of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, Annex B to IMO Resolution A.744(18).

Age

(2) For the purposes of this section, the age of an oil tanker is determined from the day on which it is first delivered.

Language

(3) If an oil tanker engages on voyages only in waters under Canadian jurisdiction, the condition evaluation report must be in English or French.

Emergency plan

27. (1) Subject to subsections (2) and (3), every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board a shipboard oil pollution emergency plan that meets the requirements of regulation 37 of Annex I to MARPOL.

Exception

(2) A vessel that does not have mechanical means of propulsion and that is fitted with internal combustion engines having a total output of less than 400 kW does not require a shipboard oil pollution emergency plan unless it is carrying 10 tonnes or more of oil

  1. (a) in bulk; or

  2. (b) in tanks, if one or more of the tanks has a capacity greater than 450 L.

Subsection 57(1)

(3) If subsection 57(1) applies, the shipboard oil pollution emergency plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

Damage stability and residual structural strength calculation

(4) An oil tanker of 5 000 tonnes deadweight or more must have prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.

Subdivision 4

Discharges of Oil and Oily Mixtures

Application

28. This Subdivision does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(1) applies.

Prohibition

29. A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge oil or an oily mixture except in accordance with section 31 or in the circumstances set out in section 5 that apply in respect of the discharge.

Authorized discharge — Section I waters

30. (1) For the purposes of section 187 of the Act, an oily mixture may be discharged from a vessel in Section I waters if

  1. (a) the vessel is en route;

  2. (b) none of the oily mixture

    1. (i) originates in cargo pump room bilges, or

    2. (ii) is mixed with oil cargo residues;

  3. (c) the discharge is processed through oil filtering equipment that

    1. (i) meets the requirements of regulation 14 of Annex I to MARPOL,

    2. (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm, and

    3. (iii) triggers an alarm and a discharge-stopping device as soon as the oil content in the effluent exceeds

      1. (A) 5 ppm, if the oily mixture is discharged in the inland waters of Canada, or

      2. (B) 15 ppm, if the oily mixture is discharged in Section I waters that do not include the inland waters of Canada; and
  4. (d) the discharge does not contain chemicals or any other substances introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limits specified in subparagraph (c)(iii).

Alarms

(2) The alarm required for the purposes of clause (1)(c)(iii)(A) must meet the requirements of section 13 and the alarm required for the purposes of clause (1)(c)(iii)(B) must meet the requirements of regulation 14 of Annex I to MARPOL.

Authorized discharge — Section II waters and seaward

31. (1) For the purposes of section 187 of the Act and section 29, an oily mixture may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  1. (a) the vessel is en route;

  2. (b) in the case of an oil tanker, none of the oily mixture

    1. (i) originates in cargo pump room bilges, or

    2. (ii) is mixed with oil cargo residues;

  3. (c) the discharge is processed through oil filtering equipment that

    1. (i) meets the requirements of regulation 14 of Annex I to MARPOL, and

    2. (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm; and

  4. (d) the discharge does not contain chemicals or any other substances introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limit specified in subparagraph (c)(ii).

Authorized discharge from cargo spaces

(2) For the purposes of section 187 of the Act and section 29, an oily mixture from cargo spaces may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  1. (a) the vessel is en route;

  2. (b) the vessel is more than 50 nautical miles from the nearest land;

  3. (c) the instantaneous rate of discharge of the oil that is in the oily mixture does not exceed 30 L per nautical mile;

  4. (d) the total quantity of oil discharged does not exceed

    1. (i) 1/15,000 of the cargo of which the oily mixture forms part, in the case of a vessel that was put into service on or before December 31, 1979,

    2. (ii) 1/30,000 of the cargo of which the oily mixture forms part, in the case of a vessel that is put into service after December 31, 1979, or

    3. (iii) despite subparagraph (i), 1/30,000 of the cargo of which the oily mixture forms part, in the case of a Canadian vessel whose registration is transferred to the Register after February 15, 1993; and

  5. (e) the oil discharge monitoring and control system is in operation and can stop the discharge of

    1. (i) any effluent having an oil discharge rate greater than that allowed under paragraph (c), or

    2. (ii) any oil in a quantity greater than that allowed under paragraph (d).

Subdivision 5

Transfer Operations

Application

32. (1) This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction.

Non-application

(2) Sections 33 and 37 and paragraphs 38(1)(b) to (d) and (f) to (j) do not apply in respect of oil tankers of less than 150 gross tonnage or other vessels of less than 400 gross tonnage.

Non-application

(3) Sections 33, 34 and 37 and paragraphs 38(1)(b) to (d) and (g) to (i) do not apply in respect of an oil tanker without a master or crew and from which oil is being unloaded if the tanker is not attended by a vessel with a master or crew and the tanker is in a location that makes it infeasible to meet the requirements of those provisions.

Communications

33. If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel

  1. (a) to communicate immediately as the need arises; and

  2. (b) to direct the immediate shutdown of the transfer operation in case of an emergency.

Lighting

34. (1) If a vessel or a handling facility engages in a transfer operation between sunset and sunrise, the vessel’s master and the operator of the facility must ensure that illumination is provided that has

  1. (a) a lighting intensity of not less than 54 lx at each transfer connection point of the vessel or facility; and

  2. (b) a lighting intensity of not less than 11 lx at each transfer operation work area around each transfer connection point of the vessel or facility.

Measurement

(2) For the purposes of subsection (1), lighting intensity is to be measured on a horizontal plane 1 m above the walking surface of the facility or the working deck of the vessel, as applicable.

Transfer conduits

35. (1) A person must not use a transfer conduit in a transfer operation unless the conduit

  1. (a) has a bursting pressure of not less than four times its maximum design pressure;

  2. (b) is clearly marked with its maximum design pressure; and

  3. (c) has successfully passed, during the year before its use, a hydrostatic test to a pressure equal to one and one-half times its maximum design pressure.

Test certificates

(2) If a transfer conduit used in a transfer operation is part of a vessel’s equipment, the vessel’s master must keep on board the test certificate for the hydrostatic test.

Manufacturer’s specifications

(3) The owner of a transfer conduit that is used in a transfer operation must ensure that the conduit is used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

Leaks

(4) If a transfer conduit or a connection leaks during a transfer operation, the supervisor on board the vessel and the supervisor at the handling facility or on board the other vessel must, as soon as feasible, slow down or stop the operation to remove the pressure from the conduit or connection.

Reception facility — standard discharge connections

36. The owner of a reception facility that receives oily residues from a vessel’s machinery space bilges or sludge oil tanks must equip the reception facility with a piping system that, at its vessel side end, is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.

Requirements for transfer operations — vessels

37. (1) The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by the holder of

  1. (a) in the case of a manned vessel, a certificate of competency with a Specialized Oil Tanker Training endorsement;

  2. (b) in the case of an unmanned vessel that is in waters that are not north of 60°N, a Supervisor of an Oil Transfer Operation certificate of competency or a Master or Mate certificate of competency with a Specialized Oil Tanker Training endorsement; and

  3. (c) in the case of an unmanned vessel that is in waters north of 60°N, a Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60°N) certificate of competency or a Master or Mate certificate of competency with a Specialized Oil Tanker Training endorsement.

Certificates of competency

(2) A certificate of competency referred to in subsection (1) must

  1. (a) in the case of a Canadian vessel, be issued under section 100 of the Marine Personnel Regulations and, if applicable, have an endorsement issued under section 102 of those Regulations; and

  2. (b) in the case of a foreign vessel, meet the requirements of section 243 of the Marine Personnel Regulations.

Requirements for transfer operations — facilities

(3) The operator of a handling facility that engages in a transfer operation must ensure that it is supervised at the facility by a person who is competent in transfer operations and that a sufficient number of persons are on duty at the facility during the transfer operation for the purpose of protecting the marine environment from a discharge of oil.

Duties of supervisors of transfer operations — vessels

38. (1) The supervisor of a transfer operation on board a vessel must ensure that

  1. (a) the vessel is secured, having regard to the weather and the tidal and current conditions, and the mooring lines are tended so that the movement of the vessel does not damage the transfer conduit or its connections;

  2. (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, with respect to

    1. (i) the rates of flow and pressures for the transferred liquid,

    2. (ii) the reduction of rates of flow and pressures, where required to avoid an overflow of the tanks,

    3. (iii) the time required to stop the transfer operation under normal conditions,

    4. (iv) the time required to shut down the transfer operation under emergency conditions, and

    5. (v) the communication signals for the transfer operation, including

      1. (A) stand by to start transfer,

      2. (B) start transfer,

      3. (C) slow down transfer,

      4. (D) stand by to stop transfer,

      5. (E) stop transfer,

      6. (F) emergency stop of transfer, and

      7. (G) emergency shutdown of transfer;
  3. (c) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;

  4. (d) the person who is on duty on board the vessel in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the vessel’s tanks to ensure that they do not overflow, and maintains continuous communication with that person’s counterpart at the handling facility or on board the other vessel, as the case may be;

  5. (e) the manifold valves and tank valves on the vessel are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system;

  6. (f) the rate of flow is reduced when the tanks are being topped off;

  7. (g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;

  8. (h) the following measures are taken to prevent the discharge of oil:

    1. (i) all cargo and bunker manifold connections that are not being used in the transfer operation are securely closed and fitted with blank flanges or other equivalent means of closure,

    2. (ii) all overboard discharge valves are securely closed and marked to indicate that they are not to be opened during the transfer operation, and

    3. (iii) all scuppers are plugged;

  9. (i) a supply of peat moss or other absorbent material is readily available near every transfer conduit to facilitate the cleanup of any minor spillage of oil that may occur on the vessel or on the shore;

  10. (j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected; and

  11. (k) all reasonable precautions are taken to avoid the discharge of oil.

Duties of supervisors of transfer operations — facilities

(2) The supervisor of a transfer operation at a handling facility must ensure that

  1. (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;

  2. (b) continuous communication is maintained with the supervisor on board the vessel; and

  3. (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.

Emergency

39. In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.

Subdivision 6

Record-keeping

Oil Record Books — Part Ⅰ

40. (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board an Oil Record Book, Part Ⅰ (Machinery Space Operations) in the form set out in appendix III to Annex I to MARPOL.

Oil Record Books — Part Ⅱ

(2) Every oil tanker of 150 gross tonnage or more must keep on board an Oil Record Book, Part Ⅱ (Cargo/Ballast Operations) in the form set out in appendix III to Annex I to MARPOL.

Entries — Part Ⅰ — officer in charge

(3) The officer in charge of a machinery space operation set out in regulation 17.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (1) must

  1. (a) ensure that the operation is recorded without delay in the Oil Record Book, Part Ⅰ (Machinery Space Operations); and

  2. (b) sign the recorded entry.

Entries — Part Ⅰ — master

(4) The master of a vessel referred to in subsection (1) must

  1. (a) ensure that

    1. (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge to which paragraph 5(c) does not apply, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part Ⅰ (Machinery Space Operations), and

    2. (ii) any failure of the oil filtering equipment is recorded without delay in the Oil Record Book, Part Ⅰ (Machinery Space Operations);
  2. (b) ensure that each entry recorded in the Oil Record Book, Part Ⅰ (Machinery Space Operations) is signed by the officer in charge of the operation; and

  3. (c) sign each page of the Oil Record Book, Part Ⅰ (Machinery Space Operations) after the page is completed.

Language — Part Ⅰ

(5) An entry in the Oil Record Book, Part Ⅰ must be written

  1. (a) in English or French, in the case of a Canadian vessel or a Canadian pleasure craft; and
  1. (b) in English, French or Spanish, in the case of a foreign vessel or a foreign pleasure craft.

Entries — Part Ⅱ — officer in charge

(6) The officer in charge of a cargo/ballast operation set out in regulation 36.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (2) must

  1. (a) ensure that the operation is recorded without delay in the Oil Record Book, Part Ⅱ (Cargo/ Ballast Operations); and

  2. (b) sign the recorded entry.

Entries — Part Ⅱ — master

(7) The master of a vessel referred to in subsection (2) must

  1. (a) ensure that

    1. (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part Ⅱ (Cargo/Ballast Operations), and

    2. (ii) any failure of the oil discharge monitoring and control system is recorded without delay in the Oil Record Book, Part Ⅱ (Cargo/Ballast Operations);

  2. (b) ensure that each entry recorded in the Oil Record Book, Part Ⅱ (Cargo/Ballast Operations) is signed by the officer in charge of the operation; and

  3. (c) sign each page of the Oil Record Book, Part Ⅱ (Cargo/Ballast Operations) after the page is completed.

Language — Part Ⅱ

(8) An entry in the Oil Record Book, Part Ⅱ must be written

  1. (a) in English or French, in the case of a Canadian vessel; and

  2. (b) in English, French or Spanish, in the case of a foreign vessel.

Three years

(9) A vessel referred to in subsection (1) or (2) must keep the Oil Record Book, Part Ⅰ and, if applicable, the Oil Record Book, Part Ⅱ on board for three years after the day on which the last entry was made.

Official log book

(10) The Oil Record Book, Part Ⅰ and, if applicable, the Oil Record Book, Part Ⅱ may be part of the vessel’s official log book.

Reception facility receipts

41. (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives oily residues from the vessel a receipt or certificate that sets out the type and amount of oily residues received and the date and time that they were received.

One year

(2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.

Recording device for bilge alarms

42. If an alarm on a vessel is required under paragraph 12(1)(e) or (f) or subsection 30(2) to be fitted with a recording device to meet the specifications of Part 2 of the Annex to Resolution MEPC.107(49), the vessel must keep on board the data that those specifications require to be recorded (the date, the time, the alarm status of the alarm and the operating status of the oil filtering equipment) for 18 months after the data is recorded.

Subdivision 7

Double Hulling for Oil Tankers

General

Application

43. (1) This section applies in respect of an oil tanker

  1. (a) for which the building contract is placed after July 5, 1993;

  2. (b) that is constructed after January 5, 1994, in the absence of a building contract;

  3. (c) that is first delivered after July 5, 1996; or

  4. (d) that undergoes a major conversion

    1. (i) for which the building contract is placed after July 5, 1993,

    2. (ii) for which the construction work begins after January 5, 1994, in the absence of a building contract, or

    3. (iii) that is completed after July 5, 1996.

Requirements

(2) The authorized representative of an oil tanker must ensure that it

  1. (a) meets the design and construction requirements of regulations 19.3 and 19.4 of Annex I to MARPOL, or of regulation 19.6 of that Annex if applicable, unless the tanker is designed and constructed in accordance with the requirements of regulation 19.5 of that Annex; and

  2. (b) is designed and constructed to facilitate the inspection and maintenance of wing and double bottom tanks or spaces.

Phasing-in

Interpretation

44. (1) In this section, “Category 2 oil tanker” and “Category 3 oil tanker” have the same meaning as in regulations 20.3.2 and 20.3.3, respectively, of Annex I to MARPOL.

Application

(2) This section applies in respect of

  1. (a) a foreign vessel that is an oil tanker referred to in regulation 20.1.1 of Annex I to MARPOL; and

  2. (b) a Canadian vessel that is a Category 2 oil tanker or Category 3 oil tanker and that holds an International Oil Pollution Prevention Certificate.

Non-application

(3) This section does not apply in respect of

  1. (a) an oil tanker in respect of which section 43 applies;

  2. (b) an oil tanker to which regulation 20.1.3 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation;

  3. (c) an oil tanker that is entitled to fly the flag of the United States; or

  4. (d) an oil tanker that is engaged in the coasting trade as defined in subsection 2(1) of the Coasting Trade Act.

Requirements

(4) Subject to subsections (5) to (7), the authorized representative of an oil tanker must ensure that it meets the requirements of subsection 43(2).

Continued operation dependent on fittings

(5) A Category 2 oil tanker, or a Category 3 oil tanker, that is a Canadian vessel fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 20.1.3 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  1. (a) it was in service on July 1, 2001;

  2. (b) its specifications set out in this subsection remain unchanged; and

  3. (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

Continued operation dependent on Condition Assessment Scheme

(6) A Category 2 oil tanker, or Category 3 oil tanker, that is a Canadian vessel may continue to operate if

  1. (a) the Board determines that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that the tanker is fit to continue to operate; and

  2. (b) the tanker’s continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

Foreign vessels operating under regulation 20.5 or 20.7

(7) Subject to subsection (8), a Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed it to continue to operate under regulation 20.5 or 20.7 of Annex I to MARPOL.

Prohibited to enter ports or offshore terminals

(8) A Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel and is continuing to operate under regulation 20.5 of Annex I to MARPOL after the anniversary in the year 2015 of the date of its delivery must not enter a port or an offshore terminal in waters under Canadian jurisdiction.

Delivery and age

(9) For the purposes of this section,

  1. (a) the date of delivery of a tanker is the day on which it is first delivered; and

  2. (b) the age of a tanker is determined from the day on which it is first delivered.

Oil Tankers Carrying Heavy Grade Oil as Cargo

Definition of “heavy grade oil”

45. (1) In this section, “heavy grade oil” has the same meaning as in regulation 21.2 of Annex I to MARPOL.

Application

(2) This section applies in respect of an oil tanker of 600 tonnes deadweight or more that is carrying heavy grade oil as cargo.

Non-application

(3) This section does not apply in respect of

  1. (a) an oil tanker that is a Canadian vessel and engages only on voyages in waters under Canadian jurisdiction; or

  2. (b) an oil tanker to which regulation 21.1.2 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation.

Requirements

(4) Subject to subsections (5) to (8), the authorized representative of an oil tanker must ensure that

  1. (a) if it is of 5 000 tonnes deadweight or more, it meets the requirements of subsection 43(2); and

  2. (b) if it is of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight, it meets the requirements of subsection 43(2) or is fitted with

    1. (i) double bottom tanks or spaces that meet the requirements of regulation 19.6.1 of Annex I to MARPOL, and

    2. (ii) wing tanks or spaces arranged in accordance with regulation 19.3.1 of Annex I to MARPOL that meet the requirement for distance, w, referred to in regulation 19.6.2 of Annex I to MARPOL.

Continued operation dependent on fittings

(5) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 21.1.2 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  1. (a) it was in service on December 4, 2003;

  2. (b) its specifications set out in this subsection remain unchanged; and

  3. (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

Continued operation dependent on Condition Assessment Scheme

(6) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more that is carrying crude oil having a density at 15°C that is higher than 900 kg/m3 but lower than 945 kg/m3 may continue to operate if

  1. (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that it is fit to continue to operate; and

  2. (b) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

Continued operation — heavy grade oil

(7) An oil tanker that is a Canadian vessel of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight and that does not meet the requirements of paragraph (4)(b) may continue to operate if

  1. (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that it is fit to continue to operate; and

  2. (b) its continued operation does not go beyond the day on which it reaches 25 years of age.

Foreign vessels

(8) An oil tanker that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed the tanker to continue to operate under regulation 21.5, 21.6.1 or 21.6.2 of Annex I to MARPOL.

Delivery and age

(9) For the purposes of this section,

  1. (a) the date of delivery of a tanker is the day on which it is first delivered; and

  2. (b) the age of a tanker is determined from the day on which it is first delivered.

Requirements for Other Oil Tankers

Application

46. (1) This section applies in respect of any oil tanker in respect of which sections 43 to 45 do not apply.

Non-application

(2) This section does not apply in respect of

  1. (a) an oil tanker to which regulation 20.1.3 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation; or

  2. (b) an oil tanker that does not have mechanical means of propulsion and

    1. (i) is of less than 2 000 gross tonnage,

    2. (ii) has no cargo tanks that exceed 200 m3 capacity, and

    3. (iii) engages only on voyages on

      1. (A) the Mackenzie River,

      2. (B) the waters contiguous to the Mackenzie River that are not within shipping safety control zone 12, or

      3. (C) the rivers, streams or lakes that feed into the Mackenzie River.

Oil tankers of less than 5 000 gross tonnage

(3) The authorized representative of an oil tanker of less than 5 000 gross tonnage must ensure that it has a double hull or a double containment system determined by the Minister to be as effective as a double hull for the prevention of a discharge of oil. However, this requirement does not apply before January 1, 2015.

Oil tankers of 5 000 gross tonnage or more

(4) The authorized representative of an oil tanker of 5 000 gross tonnage or more must ensure that it meets the requirements of subsection 43(2).

Non-application

(5) Subsection (4) does not apply before January 1, 2015 in respect of an oil tanker that has either double sides or double bottoms that are contiguous with cargo spaces and meet the applicable design and construction requirements of regulation 19.3 or 19.4, as the case may be, of Annex I to MARPOL, and

  1. (a) is of less than 30 000 gross tonnage and less than 30 years of age; or

  2. (b) is of 30 000 gross tonnage or more and less than 28 years of age.

Age

(6) For the purposes of subsection (5), the age of an oil tanker is determined from the later of

  1. (a) the day on which it is first delivered, and

  2. (b) the day on which a major conversion is completed, if the conversion is completed before July 6, 1996.

Oil Barges

Height of double bottom

47. Despite paragraph 43(2)(a), subsection 45(3), paragraph 45(4)(b) and subsection 46(4), in the case of an oil tanker that is a Canadian vessel of less than 5 000 tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land, the height of its double bottom must in no location be less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL.

Subdivision 8

Exemptions and Equivalents

Board

48. (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3 and 5 of Annex I to MARPOL.

Foreign governments

(2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulations 3 and 5 of Annex I to MARPOL by the government of the state whose flag the vessel is entitled to fly.

DIVISION 2

NOXIOUS LIQUID SUBSTANCES AND DANGEROUS CHEMICALS

Subdivision 1

General

Limited application — foreign vessels

49. This Division applies in respect of foreign vessels in waters in the exclusive economic zone of Canada only in respect of pollution.

Liquid substances

50. (1) The authorized representative and the master of a vessel must ensure that the vessel does not carry a liquid substance in bulk unless the substance

  1. (a) is listed in chapter 17 or 18 of the IBC Code; or

  2. (b) is provisionally assessed under regulation 6.3 of Annex II to MARPOL.

Non-application to oil

(2) Subsection (1) does not apply in respect of oil.

Subdivision 2

Construction and Equipment

Plans and specifications

51. On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision.

NLS tankers — Annex II to MARPOL

52. (1) The authorized representative of an NLS tanker must ensure that

  1. (a) the requirements of regulation 12 of Annex II to MARPOL relating to the pumping, piping and unloading arrangements, the location and size of underwater discharge outlets, and the slop tanks or other arrangements are met; and

  2. (b) if the tanker uses ventilation procedures referred to in regulation 13.3 of Annex II to MARPOL to remove cargo residues from a tank, the tanker has ventilation equipment that can produce an air jet that reaches the tank bottom.

IBC Code

(2) Any of the following vessels that were constructed on or after July 1, 1986, or that are Canadian vessels that were constructed before that date and first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the IBC Code:

  1. (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  2. (b) chemical tankers that have means of self-propulsion.

BCH Code

(3) Any of the following vessels that were constructed before July 1, 1986, other than Canadian vessels that were first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the BCH Code:

  1. (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  2. (b) chemical tankers that have means of self-propulsion.

Interpretation

(4) For the purposes of subsections (2) and (3), a vessel converted to a chemical tanker, irrespective of the date of its construction, is considered to be a chemical tanker constructed on the date on which the conversion commenced unless the vessel

  1. (a) was constructed before July 1, 1986; and

  2. (b) was, when the conversion commenced, certified under the BCH Code to carry only those products identified by the Code as substances with pollution hazards only.

Offshore support vessels

(5) Offshore support vessels may meet the applicable design, construction, equipment and systems requirements of Resolution A.673(16) instead of the requirements referred to in subsection (2) or (3).

Containers or enclosed deck areas — NLS tankers

53. (1) The authorized representative of an NLS tanker must ensure that each noxious liquid substance cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  1. (a) can retain noxious liquid substances that might leak or spill during transfer operations;

  2. (b) has a means for the removal of the noxious liquid substances retained in it; and

  3. (c) does not adversely affect the stability of the tanker or the safety of its crew.

Volume

(2) If the largest conduit serving a noxious liquid substance cargo manifold or a cargo transfer connection point on an NLS tanker has an inside diameter set out in column 1 of the table to subsection 15(2), the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

Subdivision 3

Certificates, Endorsements and Inspections

Issuance

54. (1) On application by the authorized representative of a Canadian vessel and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue

  1. (a) a Canadian Noxious Liquid Substance Certificate to the vessel if the applicable requirements of this Division are met;

  2. (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the vessel if the applicable requirements of Annex II to MARPOL are met;

  3. (c) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the IBC Code are met;

  4. (d) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the BCH Code are met; or

  5. (e) a Certificate of Fitness for an Offshore Support Vessel to the vessel if the applicable requirements of Resolution A.673(16) are met.

Conditions

(2) The Minister must, on the basis of the applicable requirements that are met, specify on the certificates issued under subsection (1) the particular substances or products that the vessel is certified to carry.

Endorsement of Canadian NLS certificates

55. (1) The authorized representative of a vessel that holds a Canadian Noxious Liquid Substance Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

Endorsement of international NLS certificates

(2) The authorized representative of a vessel that holds an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk must ensure that the certificate is endorsed as required by regulations 8.1.3, 8.1.4 and 9.2 of Annex II to MARPOL.

Endorsement of IBC Code certificates of fitness

(3) The authorized representative of a vessel that holds an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the IBC Code.

Endorsement of BCH Code certificates of fitness

(4) The authorized representative of a vessel that holds a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the BCH Code.

Endorsement of certificates of fitness for offshore support vessels

(5) The authorized representative of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel must ensure that the certificate is endorsed as required by section 1.5.4 of Resolution A.673(16).

Inspection

(6) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 54 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

Non-application

(7) Subsection (6) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

Subdivision 4

Shipboard Documents

Certificates

56. (1) Every NLS tanker and every chemical tanker must hold and keep on board

  1. (a) a Canadian Noxious Liquid Substance Certificate, if the tanker is a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  2. (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk that is in the form set out in appendix 3 to Annex II to MARPOL, if the tanker

    1. (i) is a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk, or

    2. (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  3. (c) a certificate of compliance certifying that the tanker meets the applicable requirements of Annex II to MARPOL, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  4. (d) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk that is in the form set out in the IBC Code or the BCH Code, as the case may be, if the tanker

    1. (i) is a Canadian vessel that carries dangerous chemicals in bulk, or
    2. (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries dangerous chemicals in bulk; or
  5. (e) a certificate of compliance certifying that the tanker meets the applicable requirements of the IBC Code or the BCH Code, as the case may be, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries dangerous chemicals in bulk.

Offshore support vessels

(2) An offshore support vessel may hold and keep on board a Certificate of Fitness for an Offshore Support Vessel instead of a Certificate required by subsection (1).

Procedures and arrangements manual

(3) Every NLS tanker must keep on board a procedures and arrangements manual that meets the requirements of regulation 14 of Annex II to MARPOL. In the case of a Canadian vessel, the expression “the requirements of this Annex” in regulation 14.2 of that Annex includes the requirements of section 67.

IBC or BCH Codes

(4) Every chemical tanker must keep on board the IBC Code or the BCH Code, as the case may be.

Emergency plan

57. (1) Subject to subsection (2), an NLS tanker of 150 gross tonnage or more must keep on board a shipboard marine pollution emergency plan for noxious liquid substances that meets the requirements of regulation 17.2 of Annex II to MARPOL.

Exception

(2) If subsection 27(1) applies, the shipboard marine pollution emergency plan for noxious liquid substances may be combined with the shipboard oil pollution emergency plan, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

Subdivision 5

Notices

Display

58. The master of an NLS tanker or chemical tanker must ensure that

  1. (a) permanent notices are displayed in conspicuous places on board, indicating the areas in which smoking and naked lights are prohibited;

  2. (b) while the tanker is in a port, the following notices are displayed near every access to the tanker, as appropriate:

    1. (i) “NO NAKED LIGHTS / PAS DE FLAMMES NUES”,

    2. (ii) “NO SMOKING / DÉFENSE DE FUMER”, and

    3. (iii) “NO UNAUTHORIZED PERSONS / ACCÈS INTERDIT AUX PERSONNES NON AUTORISÉES”; and

  3. (c) while the tanker is in a port and the cargo being handled presents a health hazard, the notice “WARNING HAZARDOUS CHEMICALS / ATTENTION PRODUITS CHIMIQUES DANGEREUX” is displayed near every access to the tanker.

Subdivision 6

Control of Cargo Operations

Operational requirements — NLS tankers

59. The master of an NLS tanker must ensure that the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting are carried out in accordance with the tanker’s procedures and arrangements manual and with this Subdivision.

Operational requirements — IBC Code

60. (1) The master of a chemical tanker that was constructed on or after July 1, 1986, or that is a Canadian vessel that was constructed before that date and first registered or listed in Canada after February 15, 1993, must ensure that the operational requirements of the IBC Code are met.

Section 16.2.2 of the IBC Code

(2) The master of a chemical tanker referred to in subsection (1) must refuse any cargo mentioned in section 16.2.2 of the IBC Code if the analysis of the cargo has not been certified by its manufacturer or a marine chemist.

Operational requirements — BCH Code

(3) The master of a chemical tanker that is not referred to in subsection (1) must ensure that the operational requirements of chapter V of the BCH Code are met.

Offshore support vessels

(4) The master of an offshore support vessel that holds a Certificate of Fitness for an Offshore Support Vessel may ensure that the operational requirements of chapter 6 of Resolution A.673(16) are met instead of the requirements referred to in subsection (1) or (3).

Tank washing operations

61. The tank washing operations referred to in sections 63 and 64 must be carried out

  1. (a) in accordance with the requirements of appendix 6 to Annex II to MARPOL; and

  2. (b) in such a way that the effluent resulting from the washing

    1. (i) is transferred to a reception facility that can receive the effluent in an environmentally safe manner, and

    2. (ii) is not discharged.

Stripping operations

62. (1) If cargo stripping operations that involve a Category Y noxious liquid substance are carried out at a handling facility, the operator of the facility must ensure that it can receive the cargo at an average flow rate of 6 m3 per hour without creating back pressure of more than 100 kPa at the vessel’s manifold.

Vessel’s manifold

(2) The vessel’s manifold must not be more than 3 m above the waterline at low mean tide.

Cargo hoses and piping systems

(3) A cargo hose or piping system that contains a noxious liquid substance must not be drained back into the vessel after the completion of a cargo stripping operation.

Procedures — Category X

63. (1) A tank from which a Category X noxious liquid substance has been unloaded must be washed before the vessel leaves the port of unloading unless

  1. (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted before loading nor washed after the vessel leaves the port of unloading;

  2. (b) the vessel’s master notifies in writing the Department of Transport Marine Safety Office nearest to the vessel that the tank will be washed at another port that has adequate reception facilities; or

  3. (c) the cargo residues are removed from the tank by a ventilation procedure.

Transfer of effluent

(2) Subject to subsection (3), the tank washing operation must be carried out by washing the tank and transferring the effluent to a reception facility that can receive the effluent in an environmentally safe manner until the concentration of the substance in the effluent has fallen to 0.1% by weight, and then by continuing to transfer the remaining effluent to the facility until the tank is empty.

If not feasible

(3) If it is not feasible to measure the concentration of the substance to ensure that it falls within the limit specified in subsection (2) without causing undue delay to the vessel, the tank washing operation must be carried out by washing the tank and transferring the effluent to a reception facility in accordance with subparagraph 61(b)(i).

Marine safety inspectors

(4) The tank washing operation must be carried out in the presence of a marine safety inspector who endorses the appropriate entries in the vessel’s Cargo Record Book required by subsection 79(1).

Interpretation

64. (1) The following definitions apply in this section.

“high-viscosity substance”
« substance à viscosité élevée »

“high-viscosity substance” means a noxious liquid substance in Category X or Y with a viscosity equal to or greater than 50 mPa·s at the unloading temperature.

“solidifying substance”
« substance qui se solidifie »

“solidifying substance” means a noxious liquid substance that at the time of unloading is

  1. (a) at a temperature of less than 5°C above its melting point, in the case of a substance with a melting point below 15°C; or

  2. (b) at a temperature of less than 10°C above its melting point, in the case of a substance with a melting point of 15°C or higher.

Procedures — Categories Y and Z

(2) A tank from which a Category Y or Z noxious liquid substance has been unloaded must be washed before the vessel leaves the port of unloading if

  1. (a) the unloaded substance is a Category Y noxious liquid substance that is a high-viscosity substance or a solidifying substance; or

  2. (b) the unloading operation is not carried out in accordance with the vessel’s procedures and arrangements manual.

Non-application

(3) Subsection (2) does not apply if

  1. (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted before loading nor washed after the vessel leaves the port of unloading;

  2. (b) the vessel’s master notifies in writing the Department of Transport Marine Safety Office nearest to the vessel that the tank will be washed at another port that has adequate reception facilities; or

  3. (c) the cargo residues are removed from the tank by a ventilation procedure.

Ventilation procedures

65. A ventilation procedure must not be used to remove cargo residues for the purposes of paragraph 63(1)(c) or 64(3)(c) unless

  1. (a) the noxious liquid substance that was unloaded has a vapour pressure greater than 5 kPa at 20°C; and

  2. (b) the ventilation is carried out in accordance with sections 2 and 4 of appendix 7 to Annex II to MARPOL.

Subdivision 7

Discharges of Noxious Liquid Substances

Application

66. This Subdivision does not apply in respect of Canadian vessels in an area in respect of which subsection 7(2) applies.

Prohibition

67. (1) A person or vessel must not discharge a noxious liquid substance carried in bulk except

  1. (a) in accordance with sections 68 to 71, in the case of a discharge from an NLS tanker in Section II waters or from a Canadian vessel that is an NLS tanker in waters that are not waters under Canadian jurisdiction; or

  2. (b) in the circumstances set out in section 5 that apply in respect of the discharge.

Offshore support vessels

(2) Paragraph (1)(a) does not apply in respect of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel.

Authorized discharge — Category X

68. For the purposes of section 67, ballast water that contains a Category X noxious liquid substance only because the ballast water was introduced into a tank that last contained that substance may be discharged if

  1. (a) the tank was washed in accordance with subsection 63(2);

  2. (b) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

  3. (c) the discharge is made

    1. (i) in accordance with the vessel’s procedures and arrangements manual,

    2. (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

    3. (iii) at a distance of at least 12 nautical miles from the nearest land, and

    4. (iv) into waters whose depth is at least 25 m.

Authorized discharge — Category Y

69. For the purposes of section 67, a Category Y noxious liquid substance may be discharged if

  1. (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

  2. (b) the discharge is made

    1. (i) in accordance with the vessel’s procedures and arrangements manual,

    2. (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

    3. (iii) at a distance of at least 12 nautical miles from the nearest land, and

    4. (iv) into waters whose depth is at least 25 m.

Authorized discharge — Category Z

70. For the purposes of section 67, a Category Z noxious liquid substance may be discharged if

  1. (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

  2. (b) the discharge is made

    1. (i) in accordance with the vessel’s procedures and arrangements manual,

    2. (ii) in the case of a vessel constructed after December 31, 2006, below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed;

    3. (iii) at a distance of at least 12 nautical miles from the nearest land, and

    4. (iv) into waters whose depth is at least 25 m.

Authorized discharge — ballast water

71. (1) For the purposes of section 67, a Category Y or Z noxious liquid substance in ballast water that is introduced into a cargo tank that last carried the substance and has been washed to such an extent that the ballast water contains less than 1 ppm of the noxious liquid substance may be discharged without regard to the discharge rate, vessel speed and discharge outlet location if the discharge is made at a distance of at least 12 nautical miles from the nearest land and into waters whose depth is at least 25 m.

NLS tankers constructed before July 1, 1994

(2) In the case of an NLS tanker constructed before July 1, 1994, the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank

  1. (a) is washed in accordance with the requirements of Part A of appendix 6 to Annex II to MARPOL and subsequently washed with a complete cycle of the cleaning machine; or

  2. (b) is washed with a water quantity not less than that required by paragraph 20 of Part B of appendix 6 to Annex II to MARPOL, using a k factor of 1.0 in the formula set out in that paragraph.

Other vessels

(3) In the case of an NLS tanker other than one referred to in subsection (2), the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank is washed in accordance with the requirements of Part B of appendix 6 to Annex II to MARPOL.

Subdivision 8

Transfer Operations

Application

72. This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction or, if a transfer operation to which this Subdivision applies does not involve a noxious liquid substance, only when they are in Canadian waters.

Communications

73. If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel

  1. (a) to communicate immediately as the need arises; and

  2. (b) to direct the immediate shutdown of the transfer operation in case of an emergency.

Lighting

74. (1) If a vessel or a handling facility engages in a transfer operation between sunset and sunrise, the vessel’s master and the operator of the facility must ensure that illumination is provided that has

  1. (a) a lighting intensity of not less than 54 lx at each transfer connection point of the vessel or facility; and

  2. (b) a lighting intensity of not less than 11 lx at each transfer operation work area around each transfer connection point of the vessel or facility.

Measurement

(2) For the purposes of subsection (1), lighting intensity is to be measured on a horizontal plane 1 m above the walking surface of the facility or the working deck of the vessel, as applicable.

Transfer conduits

75. (1) A person must not use a transfer conduit in a transfer operation unless the conduit

  1. (a) has a bursting pressure of not less than five times its maximum design pressure;

  2. (b) is clearly marked with its maximum design pressure; and

  3. (c) has successfully passed, during the year before its use, a hydrostatic test to a pressure equal to one and one-half times its maximum design pressure.

Test certificates

(2) If a transfer conduit used in a transfer operation is part of a vessel’s equipment, the vessel’s master must keep on board the test certificate for the hydrostatic test.

Manufacturer’s specifications

(3) The owner of a transfer conduit that is used in a transfer operation must ensure that the conduit is used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

Leaks

(4) If a transfer conduit or a connection leaks during a transfer operation, the supervisor on board the vessel and the supervisor at the handling facility or on board the other vessel must, as soon as feasible, slow down or stop the operation to remove the pressure from the conduit or connection.

Requirements for transfer operations — vessels

76. (1) The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by the holder of

  1. (a) in the case of a manned vessel, a certificate of competency with a Specialized Chemical Tanker Training endorsement; and

  2. (b) in the case of an unmanned vessel, a Supervisor of a Chemical Transfer Operation certificate of competency, or a Master or Mate certificate of competency with a Specialized Chemical Tanker Training endorsement.

Certificates of competency

(2) A certificate of competency referred to in subsection (1) must

  1. (a) in the case of Canadian vessel, be issued under section 100 of the Marine Personnel Regulations and, if applicable, have an endorsement issued under section 102 of those Regulations; and

  2. (b) in the case of foreign vessel, meet the requirements of section 243 of the Marine Personnel Regulations.

Requirements for transfer operations — facilities

(3) The operator of a handling facility that engages in a transfer operation must ensure that it is supervised at the facility by a person who is competent in transfer operations and that a sufficient number of persons are on duty at the facility during the transfer operation for the purpose of

  1. (a) ensuring safety; and

  2. (b) protecting the marine environment from a discharge of a noxious liquid substance.

Duties of supervisors of transfer operations — vessels

77. (1) The supervisor of a transfer operation on board a vessel must ensure that

  1. (a) the vessel is secured, having regard to the weather and the tidal and current conditions, and the mooring lines are tended so that the movement of the vessel does not damage the transfer conduit or its connections;

  2. (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, with respect to

    1. (i) the rates of flow and pressures for the transferred liquid,

    2. (ii) the reduction of rates of flow and pressures where required to avoid an overflow of the tanks,

    3. (iii) the time required to stop the transfer operation under normal conditions,

    4. (iv) the time required to shut down the transfer operation under emergency conditions, and

    5. (v) the communication signals for the transfer operation, including

      1. (A) stand by to start transfer,

      2. (B) start transfer,

      3. (C) slow down transfer,

      4. (D) stand by to stop transfer,

      5. (E) stop transfer,

      6. (F) emergency stop of transfer, and

      7. (G) emergency shutdown of transfer;
  3. (c) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;

  4. (d) the person who is on duty on board the vessel in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the vessel’s tanks to ensure that they do not overflow, and maintains continuous communication with that person’s counterpart at the handling facility or on board the other vessel, as the case may be;

  5. (e) the manifold valves and tank valves on the vessel are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system;

  6. (f) the rate of flow is reduced when the tanks are being topped off;

  7. (g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;

  8. (h) the following measures are taken to prevent the discharge of a noxious liquid substance or dangerous chemical:

    1. (i) all cargo manifold connections that are not being used in the transfer operation are securely closed and fitted with blank flanges or other equivalent means of closure,

    2. (ii) all overboard discharge valves are securely closed and marked to indicate that they are not to be opened during the transfer operation, and

    3. (iii) all scuppers are plugged;
  9. (i) a supply of absorbent material is readily available near every transfer conduit to facilitate the clean-up of any minor spillage of noxious liquid substances or dangerous chemicals that may occur on the vessel or on the shore;

  10. (j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected;

  11. (k) all systems, equipment, personnel and information necessary for the safety of the transfer are in readiness before the transfer operation begins;

  12. (l) towing-off wires are positioned fore and aft and are ready for use without adjustment if it is necessary to tow the vessel away;

  13. (m) the transfer of a flammable cargo and the gas-freeing that follows the unloading of a flammable cargo is stopped when an electrical storm is in the immediate vicinity of the vessel;

  14. (n) no work is carried out in the cargo tank area without the authorization of the vessel’s master;

  15. (o) the valves in the vent system are checked for the correct setting and the flame arresters are examined for cleanliness and proper installation;

  16. (p) articulated loading booms, if used, are checked for undue strain;

  17. (q) the pump room ventilation is running and all precautions for that area are observed;

  18. (r) a tank that is required to be kept in an inert state (a state in which the oxygen content of the tank must be below a specified level), and to maintain a small positive pressure at all times, has a supply of inert gas available to maintain its inert state during the transfer operation;

  19. (s) during loading,

    1. (i) the tank concerned is free of flammable or toxic vapours or residues,

    2. (ii) the free end of the loading hose is securely lashed to the inside of the tank to prevent movement,

    3. (iii) all flanges and gaskets are suitable for the purpose, and

    4. (iv) all tank openings, other than those that are in use, are closed; and
  20. (t) all reasonable precautions are taken to avoid the discharge of a noxious liquid substance or dangerous chemical.

Duties of supervisors of transfer operations — facilities

(2) The supervisor of a transfer operation at a handling facility must ensure that

  1. (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;

  2. (b) continuous communication is maintained with the supervisor on board the vessel; and

  3. (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.

Emergencies

78. In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.

Subdivision 9

Record-keeping

Cargo Record Books for NLS tankers

79. (1) Every NLS tanker must keep on board a Cargo Record Book in the form set out in appendix 2 to Annex II to MARPOL.

Entries — officer in charge

(2) The officer in charge of an operation set out in appendix 2 to Annex II to MARPOL that takes place on an NLS tanker must

  1. (a) ensure that the operation is recorded without delay in the Cargo Record Book; and

  2. (b) sign the recorded entry.

Entries — master

(3) The vessel’s master must

  1. (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of a noxious liquid substance carried in bulk are recorded without delay in the Cargo Record Book;

  2. (b) ensure that each entry recorded in the Cargo Record Book is signed by the officer in charge of the operation; and

  3. (c) sign each page of the Cargo Record Book after the page is completed.

Language

(4) An entry in the Cargo Record Book must

  1. (a) in the case of a Canadian vessel, be written in English or French; and

  2. (b) in the case of a foreign vessel, be written in English, French or Spanish.

Three years

(5) The vessel must keep the Cargo Record Book on board for three years after the day on which the last entry was made.

Official log book

(6) The Cargo Record Book may be part of the vessel’s official log book.

Reception facility receipts

80. (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives noxious liquid substance residues or mixtures from the vessel a receipt or certificate that sets out the type and amount of noxious liquid substance residues or mixtures received and the date and time that they were received.

One year

(2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.

Subdivision 10

Exemptions and Equivalents

Board

81. (1) The Board may, in respect of Canadian vessels, exercise the powers of the Administration conferred by regulations 4 and 5 of Annex II to MARPOL.

Foreign governments

(2) In the case of a foreign vessel, the requirements of this Division are subject to the exercise of the powers conferred by regulations 4 and 5 of Annex II to MARPOL, section 1.4 of the IBC Code, section 1.5 of the BCH Code and section 1.4 of Resolution A.673(16) by the government of the state whose flag the vessel is entitled to fly.

DIVISION 3

MARINE POLLUTANTS

Discharge prohibited

82. (1) A person or vessel must not discharge a marine pollutant that is not carried in bulk except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge.

Authorized discharge

(2) For the purposes of subsection (1), a leakage of a marine pollutant that is not carried in bulk and is not kept as ships’ stores may be discharged if any of the spillage schedules to The EmS Guide: Emergency Response Procedures for Ships Carrying Dangerous Goods, published by the IMO, sets out procedures in respect of the leakage and those procedures are followed.

Jettisoning

(3) A person or vessel must not jettison a marine pollutant that is carried in packaged form unless it is necessary to do so for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel.

Limited application — pleasure craft

(4) This section applies in respect of pleasure craft that are not Canadian vessels only when they are in Canadian waters.

DIVISION 4

SEWAGE

Subdivision 1

General

Interpretation

83. The following definitions apply in this Division.

“designated sewage area”
« zone désignée pour les eaux usées »

“designated sewage area” means an area set out in Schedule 2.

“holding tank”
« citerne de retenue »

“holding tank” means a tank that is used solely for the collection and storage of sewage or sewage sludge and includes a tank that is an integral part of a toilet.

“inland waters of Canada”
« eaux internes du Canada »

“inland waters of Canada” means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn from Pointe-au-Père to Orient Point.

“marine sanitation device”
« appareil d’épuration marine »

“marine sanitation device” means any equipment that is installed on a vessel and is designed to receive and treat sewage.

Definition of “existing vessel”

84. (1) In this section, “existing vessel” means a vessel

  1. (a) for which the building contract was placed before May 3, 2007;

  2. (b) in the absence of a building contract, the keel of which was laid or that was at a similar stage of construction before May 3, 2007; or

  3. (c) the delivery of which was before May 3, 2010.

Application

(2) This Division does not apply before May 3, 2012 in respect of an existing vessel that

  1. (a) is of less than 400 gross tonnage, is not certified to carry more than 15 persons and is engaged on an international voyage; or

  2. (b) is not engaged on an international voyage.

Discharge requirements

(3) Despite subsection (2),

  1. (a) Subdivision 2, section 95 and paragraph 96(1)(a) apply on the coming into force of this section in respect of all vessels that are in the Great Lakes, their connecting or tributary waters, or the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montréal, Quebec; and

  2. (b) Subdivision 2, section 95 and paragraph 96(1)(b) apply on the coming into force of this section in respect of all vessels that are in a designated sewage area.

Subdivision 2

Equipment

Plans and specifications

85. On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision.

Vessels with toilet facilities

86. (1) Subject to subsections (3) and (4), the authorized representative of a vessel in Section I waters or Section II waters that has a toilet must ensure that the vessel is fitted with a holding tank or a marine sanitation device that meets the requirements of section 88 or 90, as the case may be.

Temporary storage of sewage

(2) The vessel’s authorized representative must ensure that it is fitted with facilities for the temporary storage of sewage if the vessel

  1. (a) is fitted with a marine sanitation device that meets the requirements of paragraph 90(1)(d) only; or

  2. (b) is in a designated sewage area and is fitted with a marine sanitation device that does not meet the requirements of paragraph 90(1)(b).

Limitation

(3) For the purpose of meeting the requirement of subsection (1), a Canadian vessel or Canadian pleasure craft must not be fitted with a marine sanitation device referred to in paragraph 90(1)(d).

Exception

(4) A vessel referred to in subsection (1) that is of less than 15 gross tonnage, is not certified to carry more than 15 persons and is not operating in the inland waters of Canada or designated sewage areas may be fitted with facilities for the temporary storage of sewage instead of meeting the requirements of subsection (1) if it is not feasible to meet those requirements and the vessel has measures in place to ensure that no discharge is made otherwise than in accordance with section 96.

Securing toilets

87. The authorized representative of a vessel must ensure that any toilet fitted on the vessel is secured in a manner that ensures its safe operation in any environmental conditions likely to be encountered.

Holding tanks

88. For the purposes of subsection 86(1), a holding tank must

  1. (a) be constructed so that it does not compromise the integrity of the hull;

  2. (b) be constructed of structurally sound material that prevents the tank contents from leaking;

  3. (c) be constructed so that the potable water system and other systems cannot become contaminated;

  4. (d) be resistant to corrosion by sewage;

  5. (e) have an adequate volume for the amount of sewage that could be reasonably expected to be produced on a voyage in waters where the discharge of sewage is not authorized by section 96;

  6. (f) be provided with a discharge connection and piping system for the removal of the tank contents at a reception facility;

  7. (g) be designed so that the level of sewage in the tank can be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows the determination to be made;

  8. (h) in the case of a vessel, other than a pleasure craft, that operates solely on the Great Lakes and their connecting waters, be equipped with an alarm that indicates when the tank is 75% full by volume; and

  9. (i) be equipped with a ventilation device that

    1. (i) has its outlet located on the exterior of the vessel and in a safe location away from ignition sources and areas usually occupied by people,

    2. (ii) prevents the build-up within the tank of pressure that could cause damage to the tank,

    3. (iii) is designed to minimize clogging by the contents of the tank or by climatic conditions such as snow or ice,

    4. (iv) is constructed of material that cannot be corroded by sewage, and

    5. (v) has a flame screen of non-corrosive material fitted to the vent outlet.

Transfer conduits

89. (1) A person must not use a transfer conduit for the purpose of removing sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility unless it is used, maintained and secured in a manner that minimizes risk to the marine environment from a discharge of sewage or sewage sludge.

Leaks

(2) If a transfer conduit or a connection leaks during the removal of sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility, the vessel’s master must, as soon as feasible, ensure that the removal operation is slowed down or stopped to remove the pressure from the conduit or connection.

Marine sanitation devices

90. (1) For the purposes of subsection 86(1), a marine sanitation device must meet

  1. (a) the requirements of regulation 9.1.1 of Annex IV to MARPOL for a sewage treatment plant;

  2. (b) requirements substantially similar to the requirements referred to in paragraph (a) except that the standards referred to in regulation 9.1.1 include the effluent standard set out in paragraph 96(1)(b);

  3. (c) the design, construction and testing requirements of Title 33, Part 159, Subpart C of the Code of Federal Regulations of the United States for a Type II marine sanitation device; or

  4. (d) the requirements of regulation 9.1.2 of Annex IV to MARPOL for a sewage comminuting and disinfecting system.

Grandfathering

(2) Despite subsection (1), a marine sanitation device that was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and continues to meet the requirements of those Regulations as they read on May 2, 2007 may continue to be used as a marine sanitation device.

Subdivision 3

Certificates and Inspections

Issuance of International Sewage Pollution Prevention Certificates

91. On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Sewage Pollution Prevention Certificate to the vessel if the applicable requirements of Annex IV to MARPOL are met.

Inspection

92. (1) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 91 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

Non-application

(2) Subsection (1) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

Subdivision 4

Shipboard Documents

Certificates

93. (1) Every vessel of 400 gross tonnage or more and every vessel that is certified to carry more than 15 persons must hold and keep on board

  1. (a) an International Sewage Pollution Prevention Certificate in the form set out in the appendix to Annex IV to MARPOL, if the vessel

    1. (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

    2. (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL; or
  2. (b) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex IV to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex IV to MARPOL.

Certificates of type approval

(2) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) must keep on board a certificate of type approval

  1. (a) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection; and

  2. (b) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number.

Operation and maintenance manual

(3) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) and is of 400 gross tonnage or more or certified to carry more than 15 persons must keep on board a manual that sets out the operational and maintenance procedures for the device.

Sewage effluent records

(4) Every vessel must keep on board for 12 months an English or French version of

  1. (a) a record of the results of any tests required by subsection 97(2); or

  2. (b) the records required by subsection 97(4).

Subdivision 5

Discharges of Sewage or Sewage Sludge

Application

94. This Subdivision does not apply in respect of

  1. (a) vessels in a shipping safety control zone; or

  2. (b) pleasure craft that are not Canadian vessels and that are in waters in the exclusive economic zone of Canada.

Prohibition

95. A person or vessel must not discharge sewage or sewage sludge except in accordance with section 96 or in the circumstances set out in section 5 that apply in respect of the discharge.

Authorized discharge

96. (1) For the purposes of section 95, sewage may be discharged if

  1. (a) in the case of a vessel in an area other than a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 250/100 mL;

  2. (b) in the case of a vessel in a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;

  3. (c) in the case of a vessel that is in Section I waters or Section II waters, but not in the inland waters of Canada or a designated sewage area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    1. (i) the discharge is made at a distance of at least 12 nautical miles from shore and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    2. (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from shore;
  4. (d) in the case of a Canadian vessel that is in waters that are not waters under Canadian jurisdiction and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    1. (i) the discharge is made at a distance of at least 12 nautical miles from the nearest land and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    2. (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from the nearest land; or
  5. (e) in the case of a vessel that is in Section I waters or Section II waters but not in the inland waters of Canada or a designated sewage area, and that is of less than 400 gross tonnage and is not certified to carry more than 15 persons,

    1. (i) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 1 nautical mile from shore,

    2. (ii) the discharge is made at a distance of at least 3 nautical miles from shore while the vessel is en route at the fastest feasible speed, or

    3. (iii) if it is not feasible to meet the requirements of subparagraph (ii) because the vessel is located in waters that are less than 6 nautical miles from shore to shore, the discharge is made while the vessel is en route at a speed of at least 4 knots or, if the discharge is not feasible at that speed, the discharge is made

      1. (A) during an ebb tide, while the vessel is en route at the fastest feasible speed and into the deepest waters that are located the farthest from shore, or
      2. (B) while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore.

Paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i)

(2) In addition to the circumstances set out in paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i), the sewage may be discharged only if it does not contain any visible solids and the discharge does not cause

  1. (a) a film or sheen to develop on the water;

  2. (b) a discoloration of the water or its shorelines; or

  3. (c) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines.

Subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii)

(3) In addition to the circumstances set out in subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii), the sewage may be discharged only if the discharge does not cause visible solids to be deposited on the shoreline.

Subparagraph (1)(e)(iii)

(4) Subparagraph (1)(e)(iii) does not apply if a reception facility that can receive the sewage in an environmentally safe manner is available to receive it.

Definition of “moderate rate”

(5) In this section, “moderate rate” means a rate that on average over any 24-hour or shorter period of discharge is not greater than the maximum permissible discharge rate calculated in accordance with section 3.1 of the Annex to the Recommendation on Standards for the Rate of Discharge of Untreated Sewage from Ships, IMO Resolution MEPC.157(55), and that over any hourly period is not more than 20% greater than that rate.

Subdivision 6

Operational Testing

Interpretation

97. (1) The following definitions apply in this section.

“biochemical oxygen demand”
« demande biochimique en oxygène »

“biochemical oxygen demand” means the quantity of oxygen determined to be used in the biochemical oxidation of organic matter during a five-day period when the organic matter is tested in accordance with the method described in section 5210 B of the Standard Methods.

“suspended solids”
« matières solides en suspension »

“suspended solids” means the total suspended solid matter determined to be in or on a liquid when it is tested in accordance with the method described in section 2540 D of the Standard Methods.

Testing of effluent

(2) The authorized representative of a vessel that discharges effluent from a marine sanitation device into Section I waters must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications:

  1. (a) the fecal coliform count of the samples;

  2. (b) the total suspended solids content of the samples;

  3. (c) the 5-day biochemical oxygen demand of the samples; and

  4. (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples.

Exception

(3) Subsection (2) does not apply if the marine sanitation device is fitted with instrumentation that meets the requirements of subsection (4).

Automatic continuous record

(4) The instrumentation referred to in subsection (3) must indicate the performance of the device by providing an automatic continuous record while the device is in operation of

  1. (a) the suspended matter;

  2. (b) the residual disinfectant content, in the case of disinfection by chlorine; and

  3. (c) the disinfection efficiency, in the case of disinfection by any other method.

DIVISION 5

GARBAGE

Subdivision 1

General

Interpretation

98. The following definitions apply in this Division.

“Lake Superior Special Protection Area”
« zone de protection spéciale du lac Supérieur »

“Lake Superior Special Protection Area” means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

  1. (a) 47°30.0′ N, 85°50.0′ W;

  2. (b) 47°24.2′ N, 85°38.5′ W;

  3. (c) 47°04.0′ N, 85°49.0′ W;

  4. (d) 47°05.7′ N, 85°59.0′ W;

  5. (e) 47°18.1′ N, 86°05.0′ W.

“Six Fathom Scarp Mid-Lake Special Protection Area”
« zone de protection spéciale du milieu du lac Six Fathom Scarp »

“Six Fathom Scarp Mid-Lake Special Protection Area” means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

  1. (a) 44°55′ N, 82°33′ W;

  2. (b) 44°47′ N, 82°18′ W;

  3. (c) 44°39′ N, 82°13′ W;

  4. (d) 44°27′ N, 82°13′ W;

  5. (e) 44°27′ N, 82°20′ W;

  6. (f) 44°17′ N, 82°25′ W;

  7. (g) 44°17′ N, 82°30′ W;

  8. (h) 44°28′ N, 82°40′ W;

  9. (i) 44°51′ N, 82°44′ W;

  10. (j) 44°53′ N, 82°44′ W;

  11. (k) 44°54′ N, 82°40′ W.

Application

99. This Division does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(3) applies.

Subdivision 2

Discharges of Garbage

Prohibition

100. A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.

Authorized discharge — garbage

101. (1) For the purposes of section 187 of the Act and section 100, garbage may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  1. (a) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land;

  2. (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land;

  3. (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and

  4. (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

Non-application

(2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.

Authorized discharge — cargo residues

102. (1) For the purposes of section 187 of the Act, subject to subsections (2) to (4), cargo residues that are garbage may be discharged

  1. (a) from a vessel in Lake Ontario, or in Lake Erie east of a line that runs due south from Point Pelee, if the discharge is made

    1. (i) at a distance of more than 12 nautical miles from shore, or

    2. (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;
  2. (b) from a vessel in Lake Erie, in the dredged navigation channels running between Toledo Harbor Light and Detroit River Light, if the vessel loaded cargo from a Lake Erie port immediately after unloading iron ore, coal or salt at that port and the cargo residues are residues of the unloaded iron ore, coal or salt;

  3. (c) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if the discharge is made

    1. (i) at a distance of more than 12 nautical miles from shore, or

    2. (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;
  4. (d) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if

    1. (i) the vessel is upbound along the Thumb of Michigan between 5.04 nautical miles northeast of entrance buoys 11 and 12 and the track line turn abeam of Harbor Beach, and

    2. (ii) the cargo residues are iron ore, coal or salt and the discharge is made at a distance of more than 2.6 nautical miles from shore;
  5. (e) from a vessel in Lake Superior, other than the Lake Superior Special Protection Area, if

    1. (i) the discharge is made from the vessel at a distance of more than 12 nautical miles from shore, and

    2. (ii) in the case of iron ore cargo residues, the discharge is made from the vessel at a distance of more than 5.2 nautical miles from shore;
  6. (f) from a vessel in Lake Ontario, Lake Erie, Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, or Lake Superior, other than the Lake Superior Special Protection Area, or in any of the connecting and tributary waters of those lakes, if the cargo residues are limestone or other clean stone;

  7. (g) from a vessel in the St. Lawrence River west of Les Escoumins, if the vessel is en route and the cargo residues are not cargo sweepings;

  8. (h) from a vessel in the inland waters of Canada in the St. Lawrence River east of Les Escoumins, if the vessel is en route and the discharge is made at a distance of more than 6 nautical miles from shore; and

  9. (i) from a vessel in the portion of the St. Lawrence River and the Gulf of St. Lawrence that is in Section I waters but not in the inland waters of Canada, if the vessel is en route and the discharge is made at a distance of more than 12 nautical miles from shore.

Reasonable efforts

(2) For the purposes of subsection (1), cargo residues may be discharged only if all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

Paragraphs (1)(g) to (i)

(3) For the purposes of paragraphs (1)(g) to (i), the only cargo residues that may be discharged are alumina, bauxite, bentonite, cement, chrome ore, clay, dolomite, ferromanganese, grain, gypsum, ilmenite, iron ore, iron ore concentrate, lead ore concentrate, limestone, manganese concentrate, manganese ore, nepheline syenite, perlite, quartz, salt, sand, stone, sugar, talc, urea, vermiculite and zinc ore concentrate.

Nearby marine mammals

(4) Subsection (1) does not apply in respect of a vessel when its master or a crew member ascertains by visual observation that a marine mammal is within 0.5 nautical miles of the vessel.

Definition of “grain”

(5) In subsection (3), “grain” means wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.

Subdivision 3

Placards and Garbage Management Plans

Display of placards

103. (1) Every vessel of 12 m or more in length overall must display placards that notify the crew and passengers of the garbage discharge requirements of section 187 of the Act and sections 7 and 100 to 102, as applicable.

Language

(2) The placards must

  1. (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French or in both, according to the needs of the crew and the passengers; and

  2. (b) in the case of a foreign vessel or a foreign pleasure craft, be written in the working language of the crew and in English, French or Spanish.

Definition of “length overall”

(3) In this section, “length overall”, in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.

Keep on board garbage management plans

104. (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a garbage management plan that meets the requirements of regulation 9(2) of Annex V to MARPOL.

Crew members’ obligation

(2) Every crew member must meet the applicable requirements of the plan.

Language

(3) Despite subsection (1), in the case of a Canadian vessel or a Canadian pleasure craft, the garbage management plan must be written in English or French or in both, according to the needs of the crew.

Subdivision 4

Record-keeping

Garbage Record Books

105. (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a Garbage Record Book in the form set out in the appendix to Annex V to MARPOL.

Non-application

(2) Subsection (1) does not apply in respect of a vessel that is certified to carry 15 persons or more and engages only on voyages of one hour or less.

Entries — officer in charge

106. (1) The officer in charge of an operation referred to in regulation 9(3) of Annex V to MARPOL that takes place on a vessel in respect of which section 105 applies must

  1. (a) ensure that the operation is recorded without delay in the Garbage Record Book; and

  2. (b) sign the recorded entry.

Entries — master

(2) The master of a vessel in respect of which section 105 applies must

  1. (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a), (d) or (e), or any other accidental or exceptional discharge, is recorded without delay in the Garbage Record Book;

  2. (b) ensure that each entry recorded in the Garbage Record Book is signed by the officer in charge of the operation; and

  3. (c) sign each page of the Garbage Record Book after the page is completed.

Two years

(3) The vessel must keep the Garbage Record Book on board for two years after the day on which the last entry was made.

Language

(4) An entry in the Garbage Record Book must

  1. (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and

  2. (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish.

Categories of garbage

(5) For the purposes of subsection (6), garbage must be grouped into the following categories:

  1. (a) plastics (Category 1);

  2. (b) dunnage, lining material or packing material referred to in paragraph 101(1)(a) (Category 2);

  3. (c) garbage referred to in paragraph 101(1)(c), other than food wastes and incinerator ash (Category 3);

  4. (d) garbage referred to in paragraph 101(1)(b), other than food wastes and incinerator ash (Category 4);

  5. (e) food wastes (Category 5); and

  6. (f) incinerator ash, except incinerator ash from plastics that may contain toxic or heavy-metal residues (Category 6).

Categories

(6) The master of a vessel shall ensure that

  1. (a) garbage that is discharged in accordance with section 101 or 102 is listed in the Garbage Record Book under the heading for Category 2, 3, 4, 5 or 6, as the case may be; and

  2. (b) garbage that is transferred to a reception facility is

    1. (i) in the case of plastic, is listed in the Garbage Record Book under the heading for Category 1, and

    2. (ii) in any other case, is listed in the Garbage Record Book under the heading for “other”.

Official log book

(7) The Garbage Record Book may be part of the vessel’s official log book.

Reception facility receipts

107. (1) The master of a vessel must obtain, from the owner or operator of a reception facility that receives garbage from the vessel, a receipt or certificate that sets out the type and amount of garbage received and the date and time that it was received.

One year

(2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.

DIVISION 6

AIR

Subdivision 1

Requirements for Control of Emissions from Vessels

Plans and Specifications

Approval

108. On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision.

Ozone-depleting Substances

Emission prohibited

109. (1) A vessel must not emit and a person must not permit the emission of an ozone-depleting substance from an installation on a vessel except in the circumstances set out in section 5 that apply in respect of the emission.

Exception

(2) Subsection (1) does not apply in respect of a minimal emission of an ozone-depleting substance if the emission is associated with the recapture or recycling of an ozone-depleting substance.

Systems, etc.

(3) The authorized representative of a vessel must ensure that it is not fitted with any system, equipment — including portable fire-extinguishing units — insulation or other material that contains an ozone-depleting substance.

Non-application

(4) Subsection (3) does not apply

  1. (a) in respect of any system, equipment, insulation or other material installed before May 19, 2005;

  2. (b) in respect of the repair or recharge of any system, equipment, insulation or other material installed 20before May 19, 2005 or the recharge of a portable fire-extinguishing unit; or

  3. (c) before January 1, 2020 in respect of an ozone-depleting substance that is a hydrochlorofluorocarbon.

Nitrogen Oxides (NOx) — Diesel Engines

Application

110. (1) This section applies in respect of a diesel engine with a power output of more than 130 kW that

  1. (a) is installed on a vessel that was constructed after December 31, 1999 and does not engage only on voyages in waters under Canadian jurisdiction;

  2. (b) undergoes a major conversion after December 31, 1999 and is installed on a vessel that does not engage only on voyages in waters under Canadian jurisdiction;

  3. (c) is installed on a Canadian vessel or a Canadian pleasure craft that was constructed after May 2, 2007 and engages only on voyages in waters under Canadian jurisdiction; or

  4. (d) undergoes a major conversion after May 2, 2007 and is installed on a Canadian vessel or a Canadian pleasure craft that engages only on voyages in waters under Canadian jurisdiction.

Non-application

(2) This section does not apply in respect of

  1. (a) an emergency diesel engine;

  2. (b) an engine installed in a lifeboat; or

  3. (c) any device or equipment intended to be used solely in case of an emergency.

Limits

(3) Subject to subsections (5) and (6), the authorized representative of a vessel must ensure that no diesel engine is operated on the vessel if the quantity of nitrogen oxides emitted from the engine, calculated as the total weighted emission of NO2, exceeds the following limits, where n represents the rated engine speed (crankshaft revolutions per minute) of the diesel engine:

  1. (a) 17.0 g/kWh, where n is less than 130 revolutions per minute;

  2. (b) 45.0n-0.2 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  3. (c) 9.8 g/kWh, where n is 2,000 revolutions per minute or more.

Fuel composed of blends

(4) For the purposes of subsection (3), when fuel composed of blends from hydrocarbons derived from petroleum refining is used, test procedures and measurement methods must be in accordance with the NOx Technical Code.

Alternative to subsection (3)

(5) A diesel engine may be operated if an exhaust gas cleaning system or any other equivalent method is applied to the engine to reduce onboard NOx emissions at least to the limits specified in subsection (3).

Section 5

(6) Nitrogen oxides may be emitted from a diesel engine in the circumstances set out in section 5 that apply in respect of the emission.

Sulphur Oxides (SOx)

Maximum sulphur content

111. (1) The authorized representative of a vessel must ensure that the sulphur content of fuel oil used on the vessel does not exceed 4.5% by mass.

Section 8

(2) Subsection (1) does not apply in respect of Canadian vessels in an area in respect of which section 8 applies.

Volatile Organic Compounds

Vapour collection systems

112. (1) The authorized representative of an oil tanker, an NLS tanker or a gas carrier that uses a vapour collection system for volatile organic compounds must ensure that the vessel is fitted with a vapour collection system that meets the requirements of regulation 15.5 of Annex VI to MARPOL.

Application to gas carriers

(2) Subsection (1) applies in respect of a gas carrier only if the type of loading and containment systems used by the carrier allow safe retention of non-methane volatile organic compounds on board or their safe return ashore.

Shipboard Incineration

Prohibition

113. A person must not incinerate any of the following substances on a vessel:

  1. (a) oil cargo residues, noxious liquid substance cargo residues and marine pollutants;

  2. (b) polychlorinated biphenyls;

  3. (c) garbage containing more than traces of heavy metals; and

  4. (d) refined petroleum products containing halogen compounds.

Prohibition unless in a shipboard incinerator

114. (1) Subject to subsection (2), a person must not incinerate a substance on a vessel unless the incineration is in a shipboard incinerator.

Sewage sludge or sludge oil

(2) Sewage sludge or sludge oil generated during the normal operation of a vessel may be incinerated in the main or auxiliary power plant or the boilers on the vessel if the incineration does not take place inside ports, harbours or estuaries.

Polyvinyl chlorides

(3) A person must not incinerate polyvinyl chlorides on a vessel unless the incineration is in a shipboard incinerator that meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

Shipboard incinerators

115. (1) This section applies in respect of a shipboard incinerator that is installed

  1. (a) after December 31, 1999

    1. (i) on a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction, or

    2. (ii) on a foreign vessel; or
  2. (b) after May 2, 2007 on a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction.

Regulation 16.6.1 of Annex VI to MARPOL

(2) The authorized representative of a vessel must ensure that every shipboard incinerator installed on the vessel meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

Operating personnel

(3) The authorized representative of a vessel must ensure that the personnel responsible for the operation of a shipboard incinerator are trained and capable of implementing the guidance provided in the manufacturer’s operating manual.

Monitoring

(4) The master of a vessel must ensure that

  1. (a) the combustion flue gas outlet temperature of a shipboard incinerator is monitored at all times; and

  2. (b) waste or other matter is not fed into a continuous-feed shipboard incinerator when the temperature is below 850°C.

Batch-loaded shipboard incinerators

(5) The authorized representative of a vessel on which a batch-loaded shipboard incinerator is installed must ensure that it is designed so that the temperature in the combustion chamber reaches 600°C within five minutes after start-up.

Fuel Oil Quality

Requirements

116. (1) The authorized representative of a vessel must ensure that fuel oil used on board the vessel for combustion purposes does not contain inorganic acid and meets the following requirements:

  1. (a) in the case of fuel oil derived from petroleum refining, the fuel oil must be a blend of hydrocarbons, with or without the incorporation of small amounts of additives that are intended to improve performance, and must not contain any added substance or chemical waste that

    1. (i) jeopardizes the vessel’s safety,

    2. (ii) jeopardizes the safety or health of the vessel’s personnel,

    3. (iii) adversely affects the performance of the vessel’s machinery, or

    4. (iv) contributes overall to additional air pollution; or
  2. (b) in the case of fuel oil derived by methods other than petroleum refining, the fuel oil must not

    1. (i) jeopardize the vessel’s safety,

    2. (ii) jeopardize the safety or health of the vessel’s personnel,

    3. (iii) adversely affect the performance of the vessel’s machinery, or

    4. (iv) contribute overall to additional air pollution.

Limited application

(2) Subparagraphs (1)(a)(ii) and (iii) and (b)(ii) and (iii) apply in respect of foreign vessels, and pleasure craft that are not Canadian vessels, only when they are in Canadian waters.

Subdivision 2

Smoke

Application

117. (1) This Subdivision applies only in respect of vessels in Canadian waters within 1 nautical mile from shore.

Non-application

(2) This Subdivision does not apply in respect of vessels during the start-up or maintenance of smoke-producing systems.

Density of black smoke

118. (1) For the purposes of this section and section 119, the smoke chart to be used in determining the density of black smoke is the Department of Transport Smoke Chart set out in Schedule 3 or a comparable chart on which fine black dots or lines, evenly spaced on a white ground space, are so arranged as to indicate

  1. (a) density number 1, by having approximately 20% of the space black;

  2. (b) density number 2, by having approximately 40% of the space black;

  3. (c) density number 3, by having approximately 60% of the space black;

  4. (d) density number 4, by having approximately 80% of the space black; and

  5. (e) density number 5, by having approximately 100% of the space black.

Visual observation

(2) The density of black smoke is to be determined by visual observation, by

  1. (a) holding a smoke chart at arm’s length;

  2. (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and

  3. (c) matching the shade of the smoke to the shade of smoke density that it most closely resembles on the smoke chart.

Closest resemblance

(3) When a determination of the density of black smoke is made in accordance with subsections (1) and (2), the black smoke is considered to be of the density and to have the density number indicated by the shade of smoke density that it most closely resembles on the smoke chart.

Other smoke

(4) Smoke that is not black smoke is considered to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

Definition of “black smoke”

(5) In this section, “black smoke” means smoke that appears black or blackish.

Limits of smoke emission — general

119. (1) Subject to subsection (2), a person must not operate on a vessel a fuel-burning installation that does not utilize hand-fired boilers and that is emitting smoke of a density greater than density number 1.

Relaxation of limit

(2) A fuel-burning installation that does not utilize hand-fired boilers may emit smoke of density number 2 for an aggregate of not more than 4 minutes in any 30-minute period.

Limits of smoke emission — hand-fired boilers

(3) Subject to subsection (4), a person must not operate on a vessel a fuel-burning installation that utilizes hand-fired boilers and that is emitting smoke of a density greater than density number 2.

Relaxation of limit

(4) A fuel-burning installation that utilizes hand-fired boilers may

  1. (a) while in the Detroit River, emit smoke of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period; and

  2. (b) while elsewhere than in the Detroit River, emit smoke

    1. (i) of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period, and

    2. (ii) of a density not greater than density number 4 for an aggregate of not more than 3 minutes in any 30-minute period.

Subdivision 3

Certificates

Certificates, Endorsements and Inspections

Issuance of Canadian Air Pollution Prevention Certificates

120. (1) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue a Canadian Air Pollution Prevention Certificate to the vessel if the applicable requirements of this Division are met.

Issuance of International Air Pollution Prevention Certificates

(2) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Air Pollution Prevention Certificate to the vessel if the applicable requirements of Annex VI to MARPOL are met.

Endorsement of Canadian Air Pollution Prevention Certificates

121. (1) The authorized representative of a vessel that holds a Canadian Air Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

Endorsement of International Air Pollution Prevention Certificates

(2) The authorized representative of a vessel that holds an International Air Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 5.1.3, 5.1.4 and 6.3 of Annex VI to MARPOL.

Inspection

(3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 120 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

Non-application

(4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

Subdivision 4

Shipboard Documents

Certificates, etc.

122. Every vessel of 400 gross tonnage or more must

  1. (a) hold and keep on board

    1. (i) a Canadian Air Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction,

    2. (ii) an International Air Pollution Prevention Certificate in the form set out in appendix I to Annex VI to MARPOL, if the vessel

      1. (A) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

      2. (B) is entitled to fly the flag of a foreign state that is a party to Annex VI to MARPOL, or
    3. (iii) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex VI to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex VI to MARPOL; and
  2. (b) keep on board

    1. (i) if the vessel has a diesel engine in respect of which section 110 applies, a certificate of type approval and a Technical File that meets the requirements of section 2.3.4 of the NOx Technical Code, and

    2. (ii) if the vessel has a shipboard incinerator in respect of which section 115 applies, a certificate of type approval and an equipment operation manual that specifies how to operate the incinerator within the limits set out in paragraph 2 of appendix IV to Annex VI to MARPOL.

Subdivision 5

Record-keeping and Samples

Record book of engine parameters

123. A vessel that is fitted with a diesel engine in respect of which section 110 applies must keep on board a record book of engine parameters and maintain it in accordance with section 6.2.2 of the NOx Technical Code.

Bunker delivery notes

124. (1) The master of a vessel referred to in subparagraph 122(a)(ii) or (iii) must ensure that the details of fuel oil delivered to and used on board the vessel for combustion purposes are recorded in a bunker delivery note that contains at least the information specified in appendix V to Annex VI to MARPOL.

Keep on board

(2) The vessel’s master must keep the bunker delivery note on board for three years after the day on which the fuel oil was delivered on board.

Fuel oil samples

(3) The vessel’s master must ensure that the requirements of regulation 18.8.1 of Annex VI to MARPOL, respecting a representative sample of the fuel oil delivered that must accompany the bunker delivery note, are met.

Subdivision 6

Equivalents

Board

125. (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulation 4 of Annex VI to MARPOL.

Foreign governments

(2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulation 4 of Annex VI to MARPOL by the government of the state whose flag the vessel is entitled to fly.

DIVISION 7

POLLUTANT SUBSTANCES

Discharge prohibited

126. (1) A vessel in waters under Canadian jurisdiction, and a person on such a vessel, must not discharge, except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge, a substance listed in Schedule 1 that is not

  1. (a) carried in packaged form; or

  2. (b) carried in a cargo container, a road vehicle, a trailer, a portable tank, a railway vehicle or a tank mounted on a chassis.

Authorized discharge — noxious liquid substances

(2) For the purposes of subsection (1), a noxious liquid substance may be discharged from a vessel in Section II waters if the discharge is made in accordance with any of sections 68 to 71.

Authorized discharge — chlorine

(3) For the purposes of subsection (1), chlorine that is in sewage effluent may be discharged from a vessel if

  1. (a) the discharge is made as a result of the chlorine being used in a marine sanitation device to disinfect sewage; and
  1. (b) when the vessel is in Section I waters or at a distance of less than three nautical miles from shore in Section II waters, the total residual chlorine content in the effluent is equal to or less than 0.5 mg/L.

Limited application — pleasure craft

(4) This section applies in respect of pleasure craft that are not Canadian vessels only when they are in Canadian waters.

DIVISION 8

ANTI-FOULING SYSTEMS

Controls on Anti-fouling Systems

Organotin compounds

127. (1) The authorized representative of a vessel must ensure that it does not have an anti-fouling system that contains any organotin compound that acts as a biocide.

If applied before January 1, 2008

(2) Subsection (1) does not apply in respect of an organotin compound applied before January 1, 2008 that has a coating that forms a barrier preventing the compound from leaching.

Certificates and Endorsements

Issuance of International Anti-fouling System Certificates

128. On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Anti-fouling System Certificate to the vessel if the applicable requirements of Annex 1 to the Anti-fouling Systems Convention are met.

Endorsement

129. The authorized representative of a vessel that holds an International Anti-fouling System Certificate must ensure that the certificate is endorsed as required by regulation 1(1)(b) of Annex 4 to the Anti-fouling Systems Convention.

Shipboard Documents

Certificates

130. Every vessel of 400 gross tonnage or more must hold and keep on board

  1. (a) an International Anti-fouling System Certificate in the form set out in appendix 1 to Annex 4 to the Anti-fouling Systems Convention, if the vessel

    1. (i) is a Canadian vessel or a Canadian pleasure craft, or

    2. (ii) is entitled to fly the flag of a foreign state that is a party to the Anti-fouling Systems Convention; or
  2. (b) a certificate of compliance certifying that the vessel meets the applicable requirements of the Anti-fouling Systems Convention, if the vessel is entitled to fly the flag of a state that is not a party to the Anti-fouling Systems Convention.

Definition of “length”

131. (1) In this section, “length” has the same meaning as in article 2(8) of the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating to the Convention.

Anti-fouling Systems Declaration

(2) A vessel that is 24 m or more in length but of less than 400 gross tonnage and does not engage only on voyages in waters under Canadian jurisdiction must keep on board a declaration confirming that the anti-fouling system applied to the vessel meets the applicable requirements of Annex 1 to the Anti-fouling Systems Convention.

Signing

(3) The declaration must be signed by the authorized representative, in the case of a Canadian vessel, and the owner, in the case of any other vessel.

Language

(4) The declaration must be in the form set out in Schedule 4. It must

  1. (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and

  2. (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish.

Endorsement

(5) The declaration must be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement of the system applied to the vessel.

PART 3

POLLUTANT DISCHARGE REPORTING

Vessels in waters under Canadian jurisdiction

132. (1) The master of a vessel in waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel if the discharge or anticipated discharge is

  1. (a) prohibited by section 187 of the Act or by these Regulations; or

  2. (b) authorized by paragraph 5(a), (b), (d) or (e).

Canadian vessels in other waters

(2) The master of a Canadian vessel in waters that are not waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel of oil, a noxious liquid substance carried in bulk or a marine pollutant that is not carried in bulk if the discharge or anticipated discharge is

  1. (a) prohibited by section 187 of the Act or by these Regulations; or

  2. (b) authorized by paragraph 5(a), (b), (d) or (e).

When report is to be made

(3) The master must make the report

  1. (a) as soon as a discharge occurs or is anticipated; or

  2. (b) as soon as feasible after a discharge occurs or is anticipated, if the master is unable to make the report under paragraph (a) because he or she is involved in activities relating to

    1. (i) saving lives,

    2. (ii) securing the vessel’s safety or preventing its immediate loss,

    3. (iii) preventing or mitigating damage to the vessel or its equipment, or

    4. (iv) preventing or mitigating damage to the environment.

If report not made in accordance with paragraph (3)(a)

(4) If the authorized representative of a Canadian vessel, or the owner of any other vessel, is not on board the vessel and has knowledge that a report has not been made in accordance with paragraph (3)(a), the authorized representative or owner must make the report immediately.

Contents of report

(5) Every report must be made in accordance with sections 2 and 3.1 to 3.3 of the appendix to the Annex to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, IMO Resolution A.851(20), and must include the following information:

  1. (a) the identity of every vessel involved;

  2. (b) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  3. (c) the nature of the discharge or anticipated discharge, including the type and estimated quantity of pollutant involved; and

  4. (d) in the case of a discharge, a description of the assistance and salvage measures employed.

Vessels rendering assistance or undertaking salvage

(6) The master of a vessel must report the particulars of any action taken in rendering assistance to or undertaking salvage of another vessel whose master is required under subsection (1) or (2) to report a discharge or an anticipated discharge.

To whom reports are made

(7) A report required by subsection (1), (2), (4) or (6) must be made to

  1. (a) a marine safety inspector or a marine communications and traffic services officer, in the case of a discharge or anticipated discharge in waters under Canadian jurisdiction; or

  2. (b) an appropriate official of the nearest coastal state, in the case of a discharge or anticipated discharge from a Canadian vessel in waters that are not waters under Canadian jurisdiction.

Supplementary reports

(8) A person who makes a report must, whenever there is further information relating to the incident and essential for the protection of the marine environment, submit to the person to whom the report was made a supplementary report with as much of that information as possible.

Language

(9) Despite the requirement in the IMO Resolution referred to in subsection (5) that the languages used in reports include English where language difficulties may exist, a report made to a marine safety inspector or a marine communications and traffic services officer may be made in English or French.

Oil handling facilities

133. (1) The operator of an oil handling facility who is required to have an oil pollution emergency plan under paragraph 168(1)(d) of the Act must, as soon as feasible,

  1. (a) report any discharge or anticipated discharge of oil to the federal emergency telephone number identified in the oil pollution emergency plan; and

  2. (b) report in writing any discharge or anticipated discharge of oil to the Department of Transport Marine Safety Office nearest to the facility.

Contents of report

(2) The report must include the following information:

  1. (a) the identity of any vessel involved;

  2. (b) the name and address of the oil handling facility;

  3. (c) the name and position of the person who is responsible for implementing and coordinating the oil pollution emergency plan;

  4. (d) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  5. (e) the nature of the discharge or anticipated discharge, including the type and estimated quantity of oil involved;

  6. (f) a description of the response actions to be taken;

  7. (g) on-scene conditions; and

  8. (h) any other relevant information.

PART 4

CONSEQUENTIAL AMENDMENT, REPEALS AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENT TO THE VESSEL CLEARANCE REGULATIONS

134. Paragraph 4(1)(c) of the Vessel Clearance Regulations (see footnote 1) is replaced by the following:

  1. (c) if required under the Vessel Pollution and Dangerous Chemicals Regulations,

    1. (i) an International Oil Pollution Prevention Certificate,

    2. (ii) in the case of a vessel carrying noxious liquid substances in bulk,

      1. (A) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk,

      2. (B) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, if the vessel is a chemical tanker, or

      3. (C) a Certificate of Fitness for an Offshore Support Vessel, if the vessel is a vessel to which the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16), apply,
    3. (iii) an International Sewage Pollution Prevention Certificate,

    4. (iv) an International Air Pollution Prevention Certificate, and

    5. (v) an International Anti-fouling System Certificate or a Declaration on Anti-fouling System, as applicable; and

REPEALS

135. The Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals (see footnote 2) are repealed.

136. The Pollutant Discharge Reporting Regulations, 1995 (see footnote 3) are repealed.

COMING INTO FORCE

Registration date

137. These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(Subsections 1(1) and 126(1))

POLLUTANT SUBSTANCES

Acetaldehyde

Acetic acid

Acetic anhydride

Acetone cyanohydrin

Acetyl bromide

Acetyl chloride

Acid mixtures, hydrofluoric and sulphuric

Acid mixtures, nitrating acid

Acrolein

Acrylonitrile

Adipic acid

Aldrin

Alkyl benzene sulphonate (branched chain)

Alkyl benzene sulphonate (straight chain)

Alkyl benzene sulphonic acid

Allyl alcohol

Allyl chloride

Aluminum sulphate

Ammonia

Ammonium acetate

Ammonium arsenate

Ammonium benzoate

Ammonium bicarbonate

Ammonium bichromate

Ammonium bifluoride

Ammonium bisulphite

Ammonium carbamate

Ammonium carbonate

Ammonium chloride

Ammonium chromate

Ammonium citrate

Ammonium fluoborate

Ammonium fluoride

Ammonium hydroxide

Ammonium oxalate

Ammonium silicofluoride

Ammonium sulphamate

Ammonium sulphide

Ammonium sulphite

Ammonium tartrate

Ammonium thiocyanate

Ammonium thiosulphate

Amyl acetate

Amyl mercaptan

Aniline

Antimony compounds, not otherwise specified

Antimony lactate

Antimony pentachloride

Antimony potassium tartrate

Antimony tribromide

Antimony trichloride

Antimony trifluoride

Antimony trioxide

meta-Arsenic acid

ortho-Arsenic acid

Arsenical flue dust

Arsenic bromide

Arsenic compounds, not otherwise specified (liquid and solid)

Arsenic disulphide

Arsenic pentoxide

Arsenic trichloride

Arsenic trioxide

Arsenic trisulphide

Atrazine

Azinphos methyl (guthion)

Barium cyanide

Benzene

Benzidine

Benzoic acid

Benzonitrile

Benzoyl chloride

Benzyl chloride

Beryllium chloride

Beryllium fluoride

Beryllium nitrate

Beryllium powder

Bordeaux arsenite

Bromine

Bromine penta or trifluoride

Bromoacetic acid, solid or solution

Bromoacetone

Bromobenzyl cyanide

Brucine

n-Butyl acetate

sec-Butyl acetate

Butylamine

Butyl benzyl phthalate

n-Butyl phthalate

n-Butyric acid

Cacodylic acid

Cadmium acetate

Cadmium bromide

Cadmium chloride

Calcium arsenate

Calcium arsenite

Calcium carbide

Calcium chromate

Calcium cyanide

Calcium dodecylbenzene sulphonate

Calcium hydroxide

Calcium hypochlorite

Calcium oxide

Captan

Carbaryl (sevin)

Carbofuran

Carbon disulphide

Carbon tetrachloride

Chlordane

Chlorine

Chloroacetaldehyde

Chloroacetone

m-,o-,p-Chloroanilines

Chlorobenzene

Chloro-dinitrobenzene

Chlorofenvinphos

Chloroform

Chloronitrobenzenes

Chlorophenyl trichlorosilane

Chloropicrin and mixtures

Chloroprene

Chlorosulphonic acid

Chlorpyrifos

Chromic acetate

Chromic acid

Chromic sulphate

Chromous chloride

Cobaltous bromide

Cobaltous formate

Cobaltous sulphamate

Copper cyanide

Coumaphos

Cresol (mixed isomers)

Cresylic acid

Crotonaldehyde

Cupric acetate

Cupric acetoarsenite

Cupric arsenite

Cupric chloride

Cupric nitrate

Cupric oxalate

Cupric sulphate

Cupric sulphate, ammoniated

Cupric tartrate

Cupriethylene diamine

Cyanogen bromide

Cyanogen chloride

Cyclohexane

2,4-D acid and esters

DDT

Diazinon

Dicamba

Dichlobenil

Dichlone

Dichloroanilines

Dichlorobenzenes

Dichlorophenyltrichlorosilane

Dichloropropane

Dichloropropene

Dichloropropene — Dichloropropane (mixed)

2,2-Dichloropropionic acid

Dichlorvos

Dieldrin

Diethylamine

Diethyl sulphate

Dimethoate

Dimethyl acetamide

Dimethylamine

Dimethyl sulphate

Dinitroaniline

Dinitrolbenzene

4,6-Dinitro-o-cresol

Dinitrophenols

Dinitrotoluenes

1,4-Dioxane

Diphenylchloroarsine

Diphenyl/Diphenyl oxide mixtures

Diphenyl methane

Diphenylamine chloroarsine

Diquat

Disulfoton

Diuron

Dodecyl benzene sulphonic acid

EDTA

Endosulfan

Endrin

Epichlorohydrin

Ethion

Ethyl benzene

Ethyl dichloroarsine

Ethylene chlorohydrin

Ethylene diamine

Ethylene dibromide

Ethylene dichloride

Ethyleneimine

Fentin acetate

Ferric ammonium citrate

Ferric ammonium oxalate

Ferric arsenate

Ferric arsenite

Ferric chloride

Ferric fluoride

Ferric nitrate

Ferric sulphate

Ferrous ammonium sulphate

Ferrous arsenate

Ferrous chloride

Ferrous sulphate

Formaldehyde

Formic acid

Fumaric acid

Furfural

Heptachlor

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexaethyltetraphosphate

Hydrazine

Hydrochloric acid

Hydrofluoric acid

Hydrogen cyanide

Hydrogen sulphide

Isoprene

Isopropanolamine dodecylbenzenesulphonate

Kelthane

Kepone

Lead acetate

Lead arsenate

Lead arsenite

Lead chloride

Lead cyanide

Lead fluoborate

Lead fluoride

Lead iodide

Lead nitrate

Lead stearate

Lead sulphate

Lead sulphide

Lead thiocyanate

Lindane

Lithium chromate

London purple

Magnesium arsenate

Malathion

Maleic acid

Maleic anhydride

Mercaptodimethur

Mercuric acetate

Mercuric arsenate

Mercuric chloride

Mercuric cyanide

Mercuric nitrate

Mercuric potassium cyanide

Mercuric sulphate

Mercuric thiocyanate

Mercurous nitrate

Mercurous sulphate

Mercury alkyl

Mercury ammonium chloride

Mercury benzoate

Mercury bisulphate

Mercury bromide

Mercury compounds, organic

Mercury gluconates

Mercury iodide

Mercury oxycyanide

Mercury potassium iodide

Methoxychlor

Methyl bromide and ethyl amyl dibromide mixtures

Methyl mercaptan

Methyl methacrylate

Methyl parathion

Mevinphos

Mexacarbate

Monoethylamine

Monomethylamine

Mononitrobenzene

Naled

Naphthalene (molten)

beta-Naphthylamines

Naphthenic acids

Naphthylthiourea

Nickel ammonium sulphate

Nickel chloride

Nickel cyanide

Nickel hydroxide

Nickel nitrate

Nickel sulphate

Nickel tetracarbonyl

Nicotine

Nicotine compounds and preparations

Nitric acid

Nitroanilines

o-Nitrobenzenes

Nitrogen dioxide

Nitrophenol

Nitrotoluene

Nitroxylenes

Osmium tetroxide

Paraformaldehyde

Paraquat

Parathion

Pentachloroethane

Pentachlorophenol

Perchloromethyl mercaptan

Phenol

Phorate

Phosgene

Phosphamidon

Phosphoric acid

Phosphorus

Phosphorus oxychloride

Phosphorus pentasulphide

Phosphorus trichloride

Polychlorinated biphenyls

Potassium arsenate

Potassium arsenite

Potassium bichromate

Potassium chromate

Potassium cyanide

Potassium hydroxide (caustic potash)

Potassium permanganate

Propargite

beta-Propiolactone

Propionic acid

Propionic anhydride

Propylene oxide

Pyrethrins

Quinoline

Resorcinol

Selenium oxide

Silver nitrate

Sodium

Sodium arsenate

Sodium arsenite

Sodium bichromate solution

Sodium bifluoride

Sodium bisulphite

Sodium chromate

Sodium cyanide

Sodium dodecylbenzene sulphonate

Sodium fluoride

Sodium hydrosulphide

Sodium hydroxide (caustic soda)

Sodium hypochlorite

Sodium methylate

Sodium nitrite

Sodium pentachlorophenate

Sodium phosphate (dibasic)

Sodium phosphate (tribasic)

Sodium selenite

Strontium chromate

Strychnine

Styrene

Styrene monomer

Sulphuric acid

Sulphur monochloride

2,4,5-T acid

2,4,5-T amines

2,4,5-T esters

2,4,5-T salts

2,4,5-TP acid

2,4,5-TP acid esters

TDE

Tetraethyl dithiopyrophosphate

Tetraethyl lead

Tetraethyl pyrophosphate

Tetramethyl lead

Thallium sulfate

Toluene

Toluene diisocyanate

Toxaphene

Trichlorfon

1,2,4-Trichlorobenzene

Trichloroethylene

Trichlorophenol

Tricresyl phosphate

Triethanolamine dodecylbenzene sulphonate

Triethylamine

Trimethylamine

Trixylenyl phosphate

Uranyl acetate

Uranyl nitrate

Vanadium pentoxide

Vanadium sulphate

Vinyl acetate

Vinyl chloride

Vinylidene chloride

Warfarin

Xylenes (mixed isomers)

Xylenols

Zinc acetate

Zinc ammonium chloride

Zinc borate

Zinc bromide

Zinc carbonate

Zinc chloride

Zinc cyanide

Zinc fluoride

Zinc formate

Zinc hydrosulphite

Zinc nitrate

Zinc phenol sulphonate

Zinc phosphide

Zinc silicofluoride

Zinc sulphate

Zirconium nitrate

Zirconium potassium fluoride

Zirconium sulphate

Zirconium tetrachloride

SCHEDULE 2
(Section 83)

DESIGNATED SEWAGE AREAS

Item

Name and Location of Body of Water (Gazetteer of Canada reference system)

British Columbia

1.

Shuswap Lake (50°56′ N, 119°17′ W), north of Salmon Arm

2.

Mara Lake (50°47′ N, 119°00′ W), east of Salmon Arm

3.

Okanagan Lake (49°45′ N, 119°44′ W), west of Kelowna

4.

Christina Lake (49°07′ N, 118°15′ W), east of Grand Forks

5.

Horsefly Lake (52°23′ N, 121°10′ W), east of Horsefly

6.

Kalamalka Lake (50°10′ N, 119°21′ W), south of Vernon

7.

Pilot Bay (49°38′20″ N, 116°52′15″ W), Kootenay Lake, east of Nelson

8.

Stuart Lake (54°36′ N, 124°40′ W), northwest of Fort St. James. Portion of the lake south of Jennie Chow Island (District Lot 7114, Coast Land District), including a three-kilometre buffer from the mouth of the Tachie River

9.

Carrington Bay (50°09′ N, 125°00′ W), on the northwest coast of Cortes Island, in the Strait of Georgia. All water east of a line extending from the southern point of land to the northern point of land at the mouth of Carrington Bay, including Carrington Lagoon

10.

Cortes Bay (50°04′ N, 124°55′ W), on the east coast of Cortes Island, in the Strait of Georgia. All water west of a line drawn across the narrowest point of the harbour entrance

11.

Manson’s Landing and Gorge Harbour (50°04′ N, 124°59′ W), on the southwest coast of Cortes Island, in the Strait of Georgia. All water east of a line extending from the southern boundary of Manson’s Landing Provincial Park to the western headland defining the entrance to Gorge Harbour, including Manson’s Landing Provincial Marine Park, Deadman Island and Gorge Harbour

12.

Montague Harbour (48°53′ N, 123°24′ W), on the southwest coast of Galiano Island, in the Strait of Georgia. Northern approach: all water south of a line extending southeast from Ballingall Islet to Galiano Island and east of a line extending from Ballingall Islet to Wilmot Head on Parker Island. Western approach: all water east of a line connecting Parker Island to Philmore Point on Galiano Island, including Julia Island. Montague Harbour includes Montague Harbour Marine Provincial Park

13.

Pilot Bay (49°12′ N, 123°51′ W), on the north coast of Gabriola Island, in the Strait of Georgia, east of Nanaimo. All water south of a line extending east from Tinson Point to the main shoreline of Gabriola Island, including the marine area within Gabriola Sands Provincial Park

14.

Prideaux Haven (50°09′ N, 124°41′ W), in Desolation Sound, northeast of Lund. All marine waters in the area within the following boundaries: from a point located at a bearing of 263° and a distance of 2 080 m from the southwest corner of District Lot 4354, Group One, New Westminster District, along a line drawn due north at a distance of 350 m to the southeasterly shores of Eveleigh Island, thence along the said southeasterly shores to the most easterly point of said Island, at Lucy Point, thence on a bearing of 77° and a distance of 1 180 m to Copplestone Point, thence along the shores of Laura Cove, Melanie Cove, the southeasterly shores of Prideaux Haven and Eveleigh Anchorage to the point of commencement

15.

Roscoe Bay (50°10′ N, 124°46′ W). All marine waters of a bay on the east side of West Redonda Island, including all water west of a line drawn due north from Marylebone Point to the opposite shore on West Redonda Island

16.

Smuggler Cove (49°31′ N, 123°58′ W), southwest of Secret Cove. All marine water east of a line drawn from the westernmost point of Isle Capri to the westernmost point of Wibraham Point enclosed within the boundaries of Smuggler Cove Marine Park

17.

Squirrel Cove (50°08′ N, 124°55′ W), on the east coast of Cortes Island, in the Strait of Georgia. All water in the basin northwest of Protection Island

Manitoba

18.

Red River, from the Canada–USA border to Lake Winnipeg

19.

Assiniboine River, from Red River upstream to St. James Bridge in the city of Winnipeg

20.

Shoal Lake, Manitoba portion (49°37′ N, 95°10′ W)

21.

Gimli Harbour within the limits of the breakwater (50°38′ N, 96°59′ W)

Nova Scotia

22.

Bras d’Or Lake (45°50′ N, 60°50′ W) and all connected waters inside a line joining Carey Point to Noir Point in Great Bras d’Or, southwards of Alder Point in Little Bras d’Or and northwards of the seaward end of St. Peters Canal

SCHEDULE 3
(Subsection 118(1))

SMOKE CHART

Graphic - Detailed information can be found in the surrounding text

SCHEDULE 4
(Subsection 131(4))

ANTI-FOULING SYSTEM DECLARATION

DECLARATION ON ANTI-FOULING SYSTEM Drawn up under the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (the Convention)

Name of vessel ________________________________________________________________________

Distinctive number or letters ________________________________________________________________________

Port of registry ________________________________________________________________________

Length ________________________________________________________________________

Gross tonnage ________________________________________________________________________

IMO number (if applicable) ________________________________________________________________________

I declare that the anti-fouling system used on this vessel complies with Annex 1 to the Convention.

________________________________________________________________________

(Date) (Signature)

Endorsement of anti-fouling systems applied

Types of anti-fouling systems used and dates of application

_________________________________________________________________________

(Date) (Signature)

Types of anti-fouling systems used and dates of application

_________________________________________________________________________

(Date) (Signature)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Pollution of the marine environment from vessels may originate from a variety of sources, including accidental and operational pollution. Accidental pollution may result from the loss of cargo or fuel after a grounding or collision and from minor accidents on board, such as a hose breaking or a tank overflowing. Operational pollution results from the discharge of shipboard-generated wastes such as oily bilge water, garbage, sewage, dirty ballast water and tank washings, as well as from engine exhaust, tank venting emissions and the leaching of biocides from anti-fouling paints on vessels’ hulls.

Since many vessels are involved in international trade, international environmental regulations and standards have been developed in order to reduce the negative impacts of shipping on the marine environment and to provide consistent standards for vessels when operating in various international and national waters. These international regulations and standards can only become applicable in Canada if their provisions are incorporated into or otherwise implemented by Canadian legislation. With the advent of international requirements, the quantity of pollutant substances entering waters has decreased. Experts working through the International Maritime Organization (IMO) have reported a marked decrease in pollution from vessels, particularly for oil, over the last 10 years. These standards had been in place for Canadian vessels under the previous Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals and the Pollutant Discharge Reporting Regulations, 1995, made under the previous Canada Shipping Act (CSA).

The enactment of the Canada Shipping Act, 2001 (CSA 2001) on July 1, 2007, required that the regulatory regime made under the previous CSA be updated to reflect the new legislation.

The new Vessel Pollution and Dangerous Chemicals Regulations (the Regulations) promote the elimination of deliberate, negligent or accidental discharge of vessel-source pollutants into the marine environment and promote the safe operation of chemical tankers. The Regulations also support the Government of Canada’s priority to better protect the environment and will specifically help it to meet its international obligations in the area of marine environmental protection.

Description and rationale

The Regulations repeal and replace the previous Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals and Pollutant Discharge Reporting Regulations, 1995 that were made under the previous CSA. As well, they replace the prohibitions related to discharge that were in the Dangerous Goods Shipping Regulations that were repealed when the CSA 2001 came into force. The Regulations bring the requirements from these regulations under the framework of the CSA 2001.

In addition, the Regulations are structured to better facilitate future amendments that need to be considered for Canada’s ongoing implementation of international conventions, as these international conventions evolve over time.

Following the structure of the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention for the Control of Harmful Antifouling Systems (AFS Conventions), the Regulations specifically address a variety of categories of pollutants, including oil, noxious liquid substances, harmful substances carried in packaged form, sewage, garbage, air emissions, pollutant substances, and anti-fouling systems. The Regulations continue to implement requirements for vessel construction, equipment, inspection, certification, record keeping, reporting of pollution incidents, and operations. As with the repealed regulations, the new Regulations apply to all vessels operating in waters under Canadian jurisdiction and to Canadian vessels operating anywhere. However, they do not apply to Canadian and foreign government military vessels.

Non-substantive changes bring the wording of the new Regulations in line with the terminology used in the CSA 2001. Examples include the use of the term “vessel” in place of “ship” and “authorized representative,” which now refers to persons responsible for ensuring compliance. As well, changes have been included to address all concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). For example, the repealed regulations included references to the “Pollution Convention,” which is not defined under the CSA 2001. Instead of that term, the new Regulations define and use the term “MARPOL.” A summary of necessary changes to requirements and resulting amendments to certain provisions include the following:

  • Several provisions of the repealed regulations were not required to be included in the new Regulations, as they are reflected in the CSA 2001 itself, namely
  • specific powers of exemption and the issuance of certain approved documents; and
  • authority for classification societies to conduct inspections and issue certificates is now provided for in section 12 of the CSA 2001.
  • Consistent with section 14 of the CSA 2001, the new Regulations assign responsibility for compliance with various provisions of the Regulations to the vessel’s authorized representative.
  • The Regulations include a new requirement that certain vessels delivered on or after August 1, 2010, be constructed so that the fuel tanks are in a protective location, rather than being located next to the vessel’s shell. This requirement reflects an amendment to Annex I of MARPOL that entered into force on August 1, 2007.
  • The Regulations require non-propelled barges of 400 gross tonnage or more to keep a shipboard oil pollution emergency plan on board if they carry 10 tonnes or more of oil in bulk (formerly 100 tonnes) and clarify the reference to “other large means of containment” by referring to tanks that have “a capacity greater than 450 L.”
  • The Regulations make the supervisor of a transfer operation at a loading or unloading facility responsible for ensuring that certain actions are taken during transfer operations involving oil or noxious liquid substances. These actions were formerly the responsibility of the vessel’s supervisor.
  • The Regulations make it clear that offshore support vessels that carry limited quantities of hazardous and noxious liquid substances may be issued a Certificate of Fitness in accordance with IMO Resolution A.673(16) rather than a Certificate of Fitness issued under the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) or the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code).
  • Division 3 of Part 2 of the Regulations addresses packaged marine pollutants, as previously contained in the Dangerous Goods Shipping Regulations made under the previous CSA. This applies to all marine pollutants unless they are carried in bulk and specify the conditions under which a packaged marine pollutant may be jettisoned.
  • Division 7 of Part 2 in the Regulations provides the same requirements for pollutant substances found in Division 3 of Part 2 of the repealed Regulations.
  • Division 7 of Part 2 of the Regulations also provides a provision to support requirements set out in Division 4.
  • The Regulations specify the meaning of “at a moderate rate” under the provisions that allow sewage to be discharged from a holding tank.
  • Provisions relating to the discharge of cargo residues allow residues of sugar and grains, previously allowed for discharge in the Great Lakes, to be also discharged in the St. Lawrence River.

As a result of the new Regulations, a consequential amendment to paragraph 4(1)(c) of the Vessel Clearance Regulations was made under Part 11 of the CSA 2001.

Overall, given that almost all of the requirements of the Regulations were already in place under the repealed regulations, except for the changes mentioned above, the collective incremental costs incurred by the Regulations will be minimal.

The new Regulations continue the domestic implementation of standards under international conventions to which Canada is a Party. These international standards require that their Parties apply them on the basis of no more favourable treatment to the vessels of non-Parties. This means Canadian vessels voyaging to other countries and visiting their ports need to observe international conventions even if Canada was not a Party to them. By implementing international standards, the Regulations ensure that Canadian vessels are compliant when operating overseas. This principle also means Canada has the right to enforce these requirements on all foreign vessels visiting Canada.

As well, in order to avoid unnecessary impacts on the shipping industry, the Regulations maintain the grandfathering clauses of the repealed Regulations.

Finally, the Regulations support the Government of Canada’s Action Plan for Clean Water and the Government’s Clean Air Regulatory Agenda. There are no suitable viable alternatives to the Regulations. Implementation of the Regulations provides the best alternative to harmonize the regulatory text with the CSA 2001 and incorporates outstanding international and national provisions in a timely manner.

Consultation

Extensive consultations for the proposed Regulations were held in Ottawa and all regions of Canada following the final approval and publication of the previous regulations in the summer of 2007, and continued through to the spring of 2011. Consultations were conducted through the mail, public meetings of the Canadian Marine Advisory Council (CMAC), outreach meetings with stakeholders, and the CMAC Web site. Key stakeholders that expressed an interest in the Regulations included marine industry associations, the National Recreational Boating Advisory Council, environmental non-governmental organizations, provincial and territorial governments and governments of trading partners and other IMO member states.

The new Regulations reflect the outcome of these consultations. In particular, provisions for cargo residues of sugar and grain were made consistent between the Great Lakes and the St. Lawrence River, and the minimum limit of 100 tonnes for non-propelled barges to keep a shipboard oil pollution emergency plan on board the vessel was reduced to 10 tonnes. It is important to note that consultations on the issue of grey-water raised a number of technical issues that require further consultations to resolve. As there was a need to ensure the regulatory requirements were brought into line with the CSA 2001, the new concept of regulating grey-water is not included in the Regulations; however, the grey-water issue will be revisited in future amendments to the Regulations.

Pre-publication

The proposed Regulations were pre-published in the Canada Gazette, Part Ⅰ, on November 5, 2011, followed by a 30-day public comment period. Comments were received from one stakeholder.

A number of the comments related to how vessels manage residues of bulk cargoes in the waters of the Great Lakes and St. Lawrence Seaway. Further consultations on this subject are anticipated to take place in 2012 as part of future amendments to the Regulations to address other emerging changes to international standards and how Canada would align with emerging American requirements under a new Vessel General Permit to be issued by the United States Environmental Protection Agency in 2013.

In response to the comments concerning paragraph 12(1)(f) and subsection 13(2) and specifically, with respect to the grandfathering provisions as they relate to five parts per million (ppm) bilge alarms for Canadian Inland Waters, subsection 13(2) of the Regulations is amended to refer to paragraph 13(1)(a), which sets current international requirements for bilge alarms, in addition to the reference to paragraph 13(1)(d), which sets the most current Canadian standard. This amendment clarifies that the previous grandfathering provisions are maintained in the new Regulations and that grandfathered bilge alarms continue to meet the original requirements under which they were approved. No new requirements have been introduced.

Further to comments provided by the stakeholder and in order to reflect all grains carried by Canadian vessels, the definition of “grain” in subsection 102(5) has been amended to mean “wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.”

Implementation, enforcement and service standards

Additional resources are not required to implement the Regulations, since the requirements are similar to those in the repealed regulations. As the new Regulations were made under Parts 1, 4, 8, 9 and 10 of the CSA 2001, the penalties for the contravention of applicable provisions are outlined in those various Parts of the Act. These include maximum fines of up to $1,000,000 or imprisonment for up to 18 months, or both. In addition, court orders may be imposed.

Measures taken by Transport Canada (TC) marine safety inspectors against vessels that have allegedly polluted are taken in accordance with Canadian laws and international treaties to which Canada is a party, including the United Nations Convention on the Law of the Sea, MARPOL and the AFS Conventions. Under these international treaties, parties are obliged to investigate alleged incidents of pollution that took place outside their waters if the suspected vessel comes to one of their ports. Provisions in the Regulations provide the authority for TC to conduct such investigations.

As well, under a Memorandum of Understanding, TC and Environment Canada cooperate on enforcement activities such as the sharing of information, communication, training, and coordinating joint investigations. Furthermore, TC’s National Aerial Surveillance Program works to detect oil pollution from vessels and gather evidence to prosecute polluters. The presence of surveillance aircraft also deters illegal discharges of pollutants at sea.

There are major challenges to measuring environmental results with respect to pollution from vessels, particularly given the vastness of the ocean areas involved and that changes to water quality may be caused by various other factors, such as shore-based pollution. As TC cannot monitor all vessels operating in waters under Canadian jurisdiction, it is not capable of calculating the actual total quantities of pollutants being discharged. Transport Canada will thus use the results of inspections, investigations and aerial surveillance as indicators of the environmental performance of the shipping industry. This data will be reported annually under the Department’s Sustainable Development Strategy.

Contact

Paul Topping
Manager
Environmental Protection (AMSEE)
Operations and Environmental Programs
Transport Canada, Marine Safety
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-3168
Fax: 613-993-8196
Email: paul.topping@tc.gc.ca

Footnote a
S.C. 2005, c. 29, s. 16(1)

Footnote b
S.C. 2001, c. 26

Footnote 1
SOR/2007-125

Footnote 2
SOR/2007-86

Footnote 3
SOR/95-351