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

Marginal note:Application

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

• Marginal note:Non-application

  (2) This section does not apply in respect of

  • (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

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

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

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

    • (iii) engages only on voyages on

      • (A) the Mackenzie River,

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

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

• Marginal note: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.

• Marginal note: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).

• Marginal note: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

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

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

• Marginal note:Age

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

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

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

Marginal note: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.