Vessel Pollution and Dangerous Chemicals Regulations
Vessel Pollution and Dangerous Chemicals Regulations
P.C. 2012-349 2012-03-29
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)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, 2001Footnote b, hereby makes the annexed Vessel Pollution and Dangerous Chemicals Regulations.
1. (1) The following definitions apply in these Regulations.
« Loi »
“Act” means the Canada Shipping Act, 2001.
« 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.
« 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
(a) construction identifiable with a specific vessel begins; and
(b) assembly of that vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material.
« Recueil BCH »
“BCH Code” means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO.
« 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 that
(a) is licensed under Part 10 of the Act; or
(b) is principally maintained or operated in Canada, is not a Canadian vessel and is not registered or licensed under the laws of another state.
« 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.
« bâtiment de charge »
“cargo vessel” means a vessel that is not a passenger vessel or a pleasure craft.
“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).
« bâtiment-citerne pour produits chimiques »
“chemical tanker” means a vessel that was constructed or adapted for the carriage in bulk of any dangerous chemical.
« transporteur mixte »
“combination carrier” means a vessel designed to carry oil or solid cargoes in bulk.
« 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
(a) crude oil from which distillate fractions have been removed; and
(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.
« produit chimique dangereux »
“dangerous chemical” means any liquid substance listed in chapter 17 of the IBC Code.
« 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.
“emission control area”
« zone de contrôle des émissions »
“emission control area” means
(a) for the purposes of section 110.3,
(i) the North American Emission Control Area, and
(ii) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL; and
(b) for the purposes of section 111,
(i) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL,
(ii) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL,
(iii) the North American Emission Control Area, and
(iv) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL.
« 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.
« 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 Canadian pleasure craft.
“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.
« 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.
« 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.
“Great Lakes and St. Lawrence waters”
« eaux des Grand Lacs et du fleuve Saint-Laurent »
“Great Lakes and St. Lawrence waters” means the Great Lakes and the St. Lawrence River and their connecting waters, and the Gulf of St. Lawrence to the baseline of the territorial sea.
« 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.
« Recueil IBC »
“IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the 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
(a) from Cap-des-Rosiers to West Point, Anticosti Island; and
(b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63°W.
« installé »
“installed”, in respect of a marine diesel engine, means that the engine is fitted on a vessel, and that the engine’s cooling or exhaust system is an integral part of the vessel or that the engine’s fuelling system is permanently affixed to the vessel.
« 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.
« 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.
« tranche des machines »
“machinery spaces” has the same meaning as in section 2 of the Marine Machinery Regulations.
« transformation importante »
“major conversion” means, in the case of a vessel referred to in Division 1, 2, 4 or 6 of Part 2, a conversion of a vessel that
(a) substantially alters the dimensions or carrying capacity of the vessel;
(b) changes the type of the vessel;
(c) is intended to substantially prolong the life of the vessel; or
(d) alters the vessel such that it becomes subject to any provision of that Division that would not be applicable to it otherwise.
“marine diesel engine”
« moteur diesel marin »
“marine diesel engine” means any reciprocating internal combustion engine operating on liquid or dual fuel, including any booster system or compound system.
« 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.
“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.
« 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.
« ministre »
“Minister” means the Minister of Transport.
« 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.
“North American Emission Control Area”
« zone de contrôle des émissions de l’Amérique du Nord »
“North American Emission Control Area” means the North American area described in Appendix VII to Annex VI to MARPOL.
“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.
« 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.
« mélange d’hydrocarbures »
“oily mixture” means a mixture with any oil content.
« 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.
« bâtiment à passagers »
“passenger vessel” means a vessel that carries more than 12 passengers.
« matières plastiques »
(a) synthetic ropes, synthetic fishing nets and plastic garbage bags; and
(b) incinerator ash that is from plastics and may contain toxic or heavy metal residues.
« 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.
« 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).
« 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).
« résolution MEPC.184(59) »
“Resolution MEPC.184(59)” means the Annex to the 2009 Guidelines for Exhaust Gas Cleaning Systems, IMO Resolution MEPC.184(59).
“Section I waters”
« eaux de la section I »
“Section I waters” means fishing zone 1, fishing zone 2, fishing zone 3 and
(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
(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
(a) fishing zone 1, fishing zone 2, fishing zone 3 or any other portion of the internal waters of Canada; or
(b) arctic waters.
« 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.
« eaux usées »
(a) human body wastes and wastes from other living animals;
(b) drainage and other wastes from toilets and other receptacles intended to receive or retain human body wastes;
(c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;
(d) drainage from spaces containing living animals; and
(e) other drainage or wastes when mixed with the drainage or other wastes referred to in paragraph (a), (b), (c) or (d).
« 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.
« boues d’hydrocarbures »
“sludge oil” means sludge from the fuel oil 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.
« 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” 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.
« opération de transbordement »
“transfer operation” means
(a) for the purposes of Division 1 of Part 2,
(i) the loading of oil or an oily mixture in bulk to a vessel from a handling facility or another vessel, or
(ii) the unloading of oil or an oily mixture in bulk from a vessel to a handling facility or another vessel; and
(b) for the purposes of Division 2 of Part 2,
(i) the loading of a noxious liquid substance or dangerous chemical in bulk to a vessel from a handling facility or another vessel, or
(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
(a) Canadian waters; and
(b) waters in the exclusive economic zone of Canada.
Marginal note:Date vessel is constructed
(2) For the purposes of these Regulations, a vessel is constructed on the earlier of
(a) the day on which its keel is laid, and
(b) the day on which a similar stage of construction is reached.
Marginal note: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.
(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
(a) if the vessel is a Canadian vessel or a Canadian pleasure craft, a certificate issued under these Regulations; and
(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.
- SOR/2013-68, s. 1.
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