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

Regulations are current to 2016-11-21 and last amended on 2013-12-06. Previous Versions

Marginal note:Referenced documents — as amended from time to time
  •  (1) Except as otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

  • Marginal note:Administration

    (2) For the purposes of these Regulations, wherever the term “Administration” appears in a document incorporated by reference into these Regulations, it means

    • (a) in the case of a Canadian vessel or a Canadian pleasure craft, the Minister; and

    • (b) in the case of a foreign vessel or a foreign pleasure craft, the government of the state whose flag the vessel is entitled to fly.

  • Marginal note:Inconsistencies

    (3) In the event of an inconsistency between a definition in a document incorporated by reference into these Regulations and any other definition in these Regulations, that other definition prevails to the extent of the inconsistency.

  • Marginal note:Should

    (4) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must”.

  • Marginal note:Footnotes

    (5) For the purposes of these Regulations, guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document incorporated by reference into these Regulations are to be considered mandatory.

Application

Marginal note:Application
  •  (1) Except as otherwise provided, these Regulations apply in respect of

    • (a) vessels in waters under Canadian jurisdiction; and

    • (b) Canadian vessels everywhere.

  • Marginal note:Vessels engaged in exploration or drilling

    (2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except when the vessel is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

  • Marginal note:Government vessels

    (3) Sections 187 and 189 of the Act and these Regulations do not apply in respect of government vessels.

  • Marginal note:Vessels owned or operated by a foreign state

    (4) These Regulations, other than sections 5, 30, 31, 101 and 102, do not apply in respect of vessels that are owned or operated by a foreign state when they are being used only in government non-commercial service.

PART 1General

Pollutants

Marginal note:Prescribed pollutants

 For the purposes of sections 187 and 189 of the Act, the following substances are prescribed pollutants:

  • (a) oil and any oily mixture;

  • (b) garbage; and

  • (c) organotin compounds that act as biocides.

Marginal note:Exceptions to prohibited discharges

 For the purposes of section 187 of the Act and sections 7, 29, 67, 82, 95, 100 and 126, substances may be discharged, and for the purposes of subsection 109(1) and section 110.6, substances may be emitted, if

  • (a) the discharge or emission is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel;

  • (b) the discharge or emission occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers;

  • (c) the discharge is a minimal and unavoidable leakage of oil that occurs as a result of the operation of an underwater machinery component;

  • (d) the discharge is an accidental loss of a synthetic fishing net and all reasonable precautions were taken to prevent the loss;

  • (e) the discharge is a discharge of garbage that results from damage to a vessel or its equipment, and all reasonable precautions were taken

    • (i) before the occurrence of the damage to prevent and minimize the discharge, and

    • (ii) after the occurrence of the damage to minimize the discharge; or

  • (f) the emission involves pollution of the air and results from damage to a vessel or its equipment, and all reasonable precautions were taken

    • (i) before the occurrence of the damage to prevent and minimize the emission, and

    • (ii) after the occurrence of the damage to minimize the emission.

  • SOR/2013-68, s. 2.

Detection of Violations and Enforcement of MARPOL

Marginal note:Article 6 of MARPOL
  •  (1) The Minister may board a foreign vessel and take action under Article 6 of MARPOL, including inspecting the vessel for the purpose of paragraph 5 of that Article.

  • Marginal note:If MARPOL does not apply

    (2) In the case of a foreign vessel to which MARPOL does not apply, Article 6 applies as though MARPOL applied to the vessel.

Canadian Vessels in Special Areas

Marginal note:Oil and oily mixtures
  •  (1) A Canadian vessel, and a person on a Canadian vessel, must not discharge oil or an oily mixture in any of the following areas except in accordance with the requirements of regulations 15 and 34 of Annex I to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

    • (a) the Mediterranean Sea area, as defined in regulation 1.11.1 of Annex I to MARPOL;

    • (b) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL;

    • (c) the Black Sea area, as defined in regulation 1.11.3 of Annex I to MARPOL;

    • (d) the Gulfs area, as defined in regulation 1.11.5 of Annex I to MARPOL;

    • (e) the Antarctic area, as defined in regulation 1.11.7 of Annex I to MARPOL;

    • (f) the North West European waters, as defined in regulation 1.11.8 of Annex I to MARPOL; and

    • (g) the Southern South African waters, as defined in regulation 1.11.10 of Annex I to MARPOL.

  • Marginal note:Noxious liquid substances

    (2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S except in the circumstances set out in section 5 that apply in respect of the discharge.

  • Marginal note:Garbage

    (3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

    • (a) the Mediterranean Sea area, as defined in regulation 5(1)(a) of Annex V to MARPOL;

    • (b) the Baltic Sea area, as defined in regulation 5(1)(b) of Annex V to MARPOL;

    • (c) the Gulfs area, as defined in regulation 5(1)(e) of Annex V to MARPOL;

    • (d) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL;

    • (e) the Antarctic area, as defined in regulation 5(1)(g) of Annex V to MARPOL; and

    • (f) the Wider Caribbean Region, as defined in regulation 5(1)(h) of Annex V to MARPOL.

 [Repealed, SOR/2013-68, s. 3]

Equipment

Marginal note:Requirements
  •  (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any equipment that is referred to in paragraph 25(2)(a), subsection 93(2), paragraph 111.2(a) or 122(1)(b) or subsection 131.1(6) and that is on the vessel

    • (a) is of a type approved by the Minister as meeting the applicable requirements of these Regulations; and

    • (b) is maintained in good working order.

  • Marginal note:Prohibition

    (2) A person must not operate equipment referred to in subsection (1) that no longer meets the applicable requirements.

  • SOR/2013-68, s. 4.
 
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