Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69)

DIVISION 3Marine Pollutants

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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 4Sewage

SUBDIVISION 1General

Marginal note:Interpretation

83 The following definitions apply in this Division.

designated sewage area

designated sewage area means an area set out in Schedule 2. (zone désignée pour les eaux usées)

holding tank

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. (citerne de retenue)

inland waters of 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. (eaux internes du Canada)

marine sanitation device

marine sanitation device[Repealed, SOR/2013-68, s. 13]

Definition of existing vessel

• 84 (1) In this section, existing vessel means a vessel

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

  • (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

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

• Marginal note:Application

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

  • (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

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

• Marginal note:Discharge requirements

  (3) Despite subsection (2),

  • (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

  • (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 2Equipment

Marginal note: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.

Marginal note: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.

• Marginal note: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

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

  • (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).

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

Marginal note:Holding tanks

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

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

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

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

• (d) be resistant to corrosion by sewage;

• (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;

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

• (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;

• (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

• (i) be equipped with a ventilation device that

  • (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,

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

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

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

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

Marginal note: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.

• Marginal note: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.

Marginal note:Marine sanitation devices

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

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

  • (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);

  • (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

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

• Marginal note: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 3Certificates and Inspections

Marginal note: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.

Marginal note: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.

• Marginal note: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 4Shipboard Documents

Marginal note: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

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

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

    • (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL; or

  • (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.

• Marginal note: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

  • (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

  • (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.

• Marginal note: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.

• Marginal note:Sewage effluent records

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

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

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