Ballast Water Control and Management Regulations

Marginal note:Residual amounts

• 5 (1) This section applies in respect of a vessel that is on a voyage to the Great Lakes Basin and carries only residual amounts of ballast water that was taken on board the vessel outside waters under Canadian jurisdiction — other than the United States waters of the Great Lakes Basin or the French waters of the islands of Saint Pierre and Miquelon — and that was not previously subjected to a management process set out in paragraph 4(1)(a) or (b).

• Marginal note:Exception

  (2) The residual amounts of ballast water need not be managed if

  • (a) the requirements of sections 1, 2, 6 and 7 of the Code of Best Practices for Ballast Water Management, published by the Shipping Federation of Canada on September 28, 2000, are met while the vessel operates in waters under Canadian jurisdiction in the Great Lakes Basin; or

  • (b) a saltwater flushing of the ballast water tanks that contain the residual amounts of ballast water is conducted in an area at least 200 nautical miles from shore before the vessel enters waters under Canadian jurisdiction.

• Marginal note:Saltwater flushing

  (3) For the purposes of paragraph (2)(b), saltwater flushing means, in the following order,

  • (a) the addition of mid-ocean water to the ballast water tanks that contain the residual amounts of ballast water;

  • (b) the mixing, through the motion of the vessel, of the water added under paragraph (a) with the residual amounts of ballast water and any sediment that has settled out of them in the tanks; and

  • (c) the release of the waters mixed under paragraph (b) so that the salinity of the resulting residual ballast water in the tanks exceeds 30 parts per thousand or is as close as possible to 30 parts per thousand.

• Marginal note:Record

  (4) If the exception set out in subsection (2) is taken advantage of in respect of a vessel, a record of compliance with paragraph (2)(a) or (b) must be carried on board the vessel for at least 24 months.