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

Marginal note:Tier II

• 110.2 (1) This section applies in respect of a marine diesel engine that has a power output of more than 130 kW and that is installed on

  • (a) a vessel that is constructed after December 31, 2010, other than a Canadian vessel or a Canadian pleasure craft that was constructed before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction;

  • (b) a vessel, other than a Canadian vessel or a Canadian pleasure craft that was constructed before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) the vessel was constructed before January 1, 2011, and

    • (ii) after December 31, 2010,

      • (A) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before January 1, 2011, or

      • (B) the engine is installed as an additional engine; or

  • (c) a Canadian vessel or a Canadian pleasure craft that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) the vessel was constructed before the day on which this section comes into force, and

    • (ii) on or after the day on which this section comes into force,

      • (A) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before the day on which this section comes into force, or

      • (B) the engine is installed as an additional engine.

• Marginal note:Non-application

  (2) This section does not apply in respect of a marine diesel engine to which section 110.3 applies.

• Marginal note:Emission limits

  (3) Subject to sections 110.5 and 110.6, the authorized representative of a vessel must ensure that a marine diesel engine is not 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 engine:

  • (a) 14.4 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 44.0 × n^-0.23 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 7.7 g/kWh, where n is 2,000 revolutions per minute or more.

Marginal note:Tier III

• 110.3 (1) This section applies in respect of a marine diesel engine that has a power output of more than 130 kW and that is installed on

  • (a) a vessel that is constructed on or after January 1, 2016; or

  • (b) a vessel that is constructed before January 1, 2016 if, on or after January 1, 2016,

    • (i) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before January 1, 2016, or

    • (ii) the engine is installed as an additional engine.

• Marginal note:Exception — marine diesel engines installed on certain vessels

  (2) This section does not apply in respect of a marine diesel engine that is

  • (a) installed on a vessel with a length less than 24 m that has been specifically designed for, and is used solely for, recreational purposes;

  • (b) installed on a vessel with a combined nameplate diesel engine propulsion power of less than 750 kW, if it is not possible for the engine to meet the requirements of subsection (4) because of design or construction limitations of the vessel;

  • (c) installed on a vessel after December 31, 2015 as a replacement for a marine diesel engine that is not identical to the engine, if it is not possible for the engine to meet the requirements of subsection (4); or

  • (d) installed on a vessel that is entitled to fly the flag of the United States.

• Marginal note:Exception — vessels operating in certain waters

  (3) This section does not apply in respect of

  • (a) a Canadian vessel or a Canadian pleasure craft that is operating

    • (i) in arctic waters, or

    • (ii) in waters that are not waters under Canadian jurisdiction and are not within an emission control area; or

  • (b) a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay.

• Marginal note:Emission limits

  (4) Subject to sections 110.5 and 110.6, the authorized representative of a vessel must ensure that a marine diesel engine is not 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 engine:

  • (a) 3.4 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 9.0 × n^-0.2 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 2.0 g/kWh, where n is 2,000 revolutions per minute or more.

• Marginal note:Change of date

  (5) If the IMO, in accordance with regulation 13.10 of Annex VI to MARPOL, sets a later date for the purposes of regulation 5.1.1 of that Annex, the references in subsection (1) to January 1, 2016 are to be read as references to that later date.

Marginal note:Determining quantity of nitrogen oxides

110.4 For the purposes of subsections 110.1(3), 110.2(3) and 110.3(4), the quantity of nitrogen oxides emitted must be determined in accordance with the NO_x Technical Code.

Marginal note:Exhaust gas cleaning systems

110.5 A marine diesel engine may be operated if an exhaust gas cleaning system or any other equivalent method is used to reduce the quantity of nitrogen oxides emissions to no more than the limits specified in subsection 110.1(3), 110.2(3) or 110.3(4), as the case may be.

Marginal note:Exceptions to prohibited emissions

110.6 Nitrogen oxides may be emitted in the circumstances set out in section 5 that apply in respect of the emission.

Sulphur Oxides (SO_x)

Marginal note:Maximum sulphur content of fuel oil

• 111 (1) Subject to subsections (2) to (5) and section 111.1, the authorized representative of a vessel must ensure that the sulphur content of the fuel oil used on board the vessel does not exceed

  • (a) 3.50% by mass before January 1, 2020, in the case of a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (b) 3.50% by mass before January 1, 2020, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (c) 3.50% by mass before January 1, 2020, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are not in an emission control area;

  • (d) 0.50% by mass after December 31, 2019, in the case of a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (e) 0.50% by mass after December 31, 2019, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (f) 0.50% by mass after December 31, 2019, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are not in an emission control area;

  • (g) 1.00% by mass before January 1, 2015, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters;

  • (h) 1.00% by mass before January 1, 2015, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are in an emission control area;

  • (i) 1.00% by mass before January 1, 2015, in the case of a foreign vessel or a foreign pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (j) 0.10% by mass after December 31, 2014, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters;

  • (k) 0.10% by mass after December 31, 2014, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are in an emission control area; and

  • (l) 0.10% by mass after December 31, 2014, in the case of a foreign vessel or a foreign pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters or in Hudson Bay, James Bay or Ungava Bay.

• Marginal note:Steam-powered foreign vessels and foreign pleasure craft

  (2) Subject to subsections (3) and (4), in the case of a foreign vessel or a foreign pleasure craft that is powered by a propulsion boiler that was not originally designed for continued operation on marine distillate fuel or natural gas, the vessel’s authorized representative must ensure that, when the vessel is operating in the North American Emission Control Area or in the Great Lakes and St. Lawrence waters, the sulphur content of the fuel oil used on board the vessel does not exceed

  • (a) 3.50% by mass before January 1, 2020; and

  • (b) 0.50% by mass after December 31, 2019.

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply in respect of a foreign vessel or a foreign pleasure craft that

  • (a) is powered by a propulsion boiler that was not originally designed for continued operation on marine distillate fuel or natural gas; and

  • (b) operates solely on the Great Lakes and their connecting waters.

• Marginal note:Alternative measure

  (4) Instead of meeting the requirements of subsection (1) or (2), the authorized representative of a vessel may ensure that

  • (a) the vessel operates an exhaust gas cleaning system that meets the requirements of Resolution MEPC.184(59); and

  • (b) the emissions of sulphur oxides produced by the operation of the system do not exceed the emissions that would be produced were fuel oil with the sulphur content by mass required by that subsection used on board the vessel.

• Marginal note:When different fuel is ussed

  (5) The master of a vessel referred to in subparagraph 122(1)(a)(ii) or (iii) must ensure that the requirements of regulation 14.6 of Annex VI to MARPOL are met if the vessel is entering or leaving an emission control area and the fuel oil used on board within the area is different from the fuel oil used on board outside the area.

• Marginal note:Residues from exhaust gas cleaning systems

  (6) If a vessel operates an exhaust gas cleaning system that has been certified in accordance with Resolution MEPC.184(59), the vessel’s authorized representative must ensure that

  • (a) any exhaust gas cleaning system residues are delivered to an onshore reception facility; and

  • (b) the washwater from the operation of the system, as well as the monitoring and recording of the washwater, meets the requirements of section 10 of the Resolution.

Marginal note:Application

• 111.1 (1) This section, instead of section 111, applies in respect of an authorized representative’s Canadian vessels when they are operating in the Great Lakes and St. Lawrence waters during the period referred to in paragraph (4)(a) or during a year referred to in subsection (4) if, before the period or year begins, the authorized representative

  • (a) notifies the Minister that the authorized representative elects to have this section apply in respect of that period or year; and

  • (b) provides the Minister with a report that specifies the manner in which each of the vessels will be managed for the purposes of meeting the requirements of subsection (4) or (6) for that period or year.

• Marginal note:Application — alternative

  (2) This section, instead of section 111, applies in respect of an authorized representative’s Canadian vessels when they are operating in the Great Lakes and St. Lawrence waters during the period beginning on the day on which this section comes into force and ending on December 31, 2020 if the authorized representative

  • (a) before the period begins, notifies the Minister that the authorized representative elects to have this section apply in respect of that period; and

  • (b) before the period referred to in paragraph (5)(a) and before each year referred to in column 3 of the table to subsection (5), provides the Minister with a report that specifies the manner in which each of the vessels will be managed for the purposes of meeting the requirements of subsection (5) or (6) for that period or year.

• Marginal note:Fuel oil used in other waters under Canadian jurisdiction

  (3) In the notification, the vessels’ authorized representative may

  • (a) for the purposes of calculating the total amount of fuel oil used on board the vessels, elect to include the fuel oil used on board any of the vessels when they are operating in waters under Canadian jurisdiction that are not within the Great Lakes and St. Lawrence waters; and

  • (b) for the purposes of calculating the average sulphur content by mass of the total amount of fuel oil used on board the vessels, elect not to include

    • (i) 10% of the sulphur content by mass of the fuel oil used on board any of the vessels that were first delivered after December 31, 2008 but before August 1, 2012, and

    • (ii) 20% of the sulphur content by mass of the fuel oil used on board any of the vessels that were first delivered after July 31, 2012 or on which a marine diesel engine that has a power output of more than 5 000 kW was installed after July 31, 2012.

• Marginal note:Average sulphur content

  (4) If an election is made under subsection (1), the vessels’ authorized representative must ensure that the average sulphur content by mass of the total amount of fuel oil used on board the vessels does not exceed

  • (a) 1.30% in the period beginning on the day on which this section comes into force and ending on December 31, 2013;

  • (b) 1.20% in 2014;

  • (c) 1.10% in 2015;

  • (d) 1.00% in 2016;

  • (e) 0.80% in 2017;

  • (f) 0.60% in 2018;

  • (g) 0.40% in 2019; and

  • (h) 0.10% in 2020.

• Marginal note:Average sulphur content and cumulative average sulphur content

  (5) If an election is made under subsection (2), the vessels’ authorized representative must ensure that the average sulphur content by mass of the total amount of fuel oil used on board the vessels does not exceed

  • (a) 1.70% during the period that begins on the day on which this section comes into force and ends on December 31, 2013;

  • (b) the amount set out in column 1 of the table to this subsection during the year set out in column 3; or

  • (c) the amount set out in column 2 of the table to this subsection during the period that begins on the day on which this section comes into force and ends on December 31 of the year set out in column 3.

  Item	Column 1	Column 2	Column 3
  	Average sulphur content by mass	Cumulative average sulphur content by mass	Year
  1	1.60%	4.40%	2014
  2	1.50%	5.50%	2015
  3	1.40%	6.50%	2016
  4	1.20%	7.20%	2017
  5	1.00%	7.70%	2018
  6	0.80%	8.00%	2019
  7	0.10%	8.00%	2020

• Marginal note:Alternative measures

  (6) Instead of meeting the requirements of subsection (4) or (5), the vessels’ authorized representative may ensure that any combination of the following on one or more of the vessels results in total emissions of sulphur oxides that do not exceed the total emissions of sulphur oxides that would be produced were fuel oil with the sulphur content by mass required by that subsection used on board the vessels:

  • (a) the operation of an exhaust gas cleaning system that meets the requirements of Resolution MEPC.184(59);

  • (b) the use of equipment or materials or the carrying out of procedures; and

  • (c) the use of fuel oil with a reduced sulphur content.

• Marginal note:Washwater from exhaust gas cleaning systems

  (7) The vessels’ authorized representative must ensure that

  • (a) any exhaust gas cleaning system residues are delivered to an onshore reception facility that is licensed by the jurisdiction where the facility is located; and

  • (b) if one or more of the vessels operate an exhaust gas cleaning system that has been certified in accordance with Resolution MEPC.184(59), the washwater from the operation of the system, as well as the monitoring and recording of the washwater, meets the requirement of section 10 of the Resolution.

• Marginal note:Report — the manner in which vessels will be managed

  (8) The vessels’ authorized representative must provide the Minister with a revised report as soon as feasible if

  • (a) after a report is provided under paragraph (1)(b), the manner in which any of the vessels are managed in order to meet the requirements of subsection (4) or (6) changes; or

  • (b) after a report is provided under paragraph (2)(b), the manner in which any of the vessels are managed in order to meet the requirements of subsection (5) or (6) changes.

• Marginal note:Interim report — the manner in which vessels are being managed

  (9) The vessels’ authorized representative must, during the period beginning on June 1 and ending on September 30 of any year in respect of which an election is made under subsection (1) or (2), provide the Minister with an interim report that describes how each of the vessels is being managed in order to meet the requirements of subsection (4), (5) or (6) for that year.

• Marginal note:Report — how vessels were managed

  (10) The vessels’ authorized representative must

  • (a) if an election is made under subsection (1) in respect of a period or year, provide the Minister, on or before March 1 of the year following the period or year, with a report that describes the manner in which each of the vessels was managed in order to meet the requirements of subsection (4) or (6) for that period or year; or

  • (b) if an election is made under subsection (2), provide the Minister, on or before March 1 of each year starting in 2014 and ending in 2021, with a report that describes the manner in which each of the vessels was managed in order to meet the requirements of subsection (5) or (6) for

    • (i) the period that begins on the day on which this section comes into force and ends on December 31, 2013, in the case of a report made in 2014, or

    • (ii) the year before the report is made, in any other case.

• Marginal note:Auditing

  (11) The reports referred to in subsection (10) must be audited for accuracy by a person who has knowledge of the methods of conducting audits and is independent of the authorized representative.

• Marginal note:Canadian Air Pollution Prevention Certificates

  (12) Despite paragraph 122(1)(a), if an election is made under paragraph (1)(a) or (2)(a) in respect of a vessel, the vessel

  • (a) must hold and keep on board a Canadian Air Pollution Prevention Certificate; and

  • (b) is not required to hold and keep on board an International Air Pollution Prevention Certificate, unless the vessel operates in waters that are not waters under Canadian jurisdiction and are not within the Great Lakes and St. Lawrence waters.