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

Marginal note:5 ppm bilge alarms

• 13 (1) The 5 ppm bilge alarm required under paragraph 12(1)(f) must

  • (a) meet the requirements of Part 2 of the Annex to Resolution MEPC.107(49);

  • (b) have an oil content meter that can detect and measure 5 ppm or less of oil in a vessel’s machinery space bilge water overboard discharge;

  • (c) have automatic stopping arrangements; and

  • (d) meet the requirements of section 7 of the Standard for 5 ppm Bilge Alarms for Canadian Inland Waters, TP 12301, published by Transport Canada.

• Marginal note:Grandfathering

  (2) Paragraphs (1)(a) and (d) do not apply in respect of a 5 ppm bilge alarm installed before May 3, 2007 on a vessel constructed before January 1, 2005 if the alarm meets the applicable requirements of subparagraph 8(1)(e)(ii) of the Oil Pollution Prevention Regulations as they read on May 2, 2007.

Marginal note:Containers or enclosed deck areas for bunkering operations

• 14 (1) The authorized representative of a vessel of 100 gross tonnage or more must ensure that it is fitted with a container or has an enclosed deck area that, under even-keel conditions,

  • (a) can retain oil that might leak or spill during bunkering operations;

  • (b) has a capacity of not less than 0.08 m³ if the vessel is of less than 400 gross tonnage or not less than 0.16 m³ if the vessel is of 400 gross tonnage or more; and

  • (c) does not adversely affect the stability of the vessel or the safety of its crew.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that

  • (a) is fitted with an overflow system that prevents oil from overflowing onto the open deck; or

  • (b) usually fills its bunkers from a truck and is equipped with a bunkering hose that has an inside diameter of 51 mm or less and employs an automatic shut-off nozzle.

Marginal note:Containers or enclosed deck areas for oil tankers

• 15 (1) The authorized representative of an oil tanker must ensure that each oil cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  • (a) can retain oil that might leak or spill during transfer operations;

  • (b) has a means for the removal of the oil retained in it; and

  • (c) does not adversely affect the stability of the tanker or the safety of its crew.

• Marginal note:Volume

  (2) If the largest conduit serving an oil cargo manifold or a cargo transfer connection point on an oil tanker has an inside diameter set out in column 1 of the table to this subsection, the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

  	Column 1	Column 2
  Item	Inside Diameter	Volume of Container or Enclosed Deck Area
  1	Less than 51 mm	0.08 m3
  2	51 mm or more but less than 101 mm	0.16 m3
  3	101 mm or more but less than 153 mm	0.32 m3
  4	153 mm or more but less than 305 mm	0.48 m3
  5	305 mm or more	0.64 m3

Marginal note:Tanks for oily residue and sludge oil

16 The authorized representative of a vessel of 400 gross tonnage or more must ensure that it is fitted with tanks that

• (a) have an adequate capacity, having regard to the type of machinery fitted on the vessel and the vessel’s usual length of voyage, to receive the vessel’s oily residues and sludge oil; and

• (b) are designed and constructed so as to facilitate their cleaning.

Marginal note:Oil fuel tank protection

• 17 (1) The authorized representative of a vessel that is delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, and has an aggregate oil fuel capacity of 600 m³ or more must ensure that the requirements of regulation 12A of that Annex are met.

• Marginal note:Small oil fuel tanks

  (2) Subsection (1) does not apply in respect of an oil fuel tank that has a capacity of 30 m³ or less if the aggregate capacity of all such tanks on the vessel is 600 m³ or less.

Marginal note:Forepeak tanks and tanks forward of the collision bulkhead

18 The authorized representative and the master of a vessel of 400 gross tonnage or more that is put into service after February 15, 1993 must ensure that it is does not carry oil in a forepeak tank or in a tank forward of the collision bulkhead.

Marginal note:Cargo spaces in vessels other than oil tankers

• 19 (1) If a vessel, other than an oil tanker, is fitted with cargo spaces that are constructed and used for carrying oil in bulk and have an aggregate capacity of at least 200 m³,

  • (a) the vessel’s authorized representative must ensure that the requirements of regulation 26.4 of Annex I to MARPOL, subparagraphs 12(1)(a)(iv) to (vii), sections 15 and 18 and Subdivision 7 are met in respect of the vessel;

  • (b) the vessel’s master must ensure that the requirements of section 18 and subsection 40(7) are met in respect of the vessel; and

  • (c) the vessel must keep on board an equipment operation manual for its oil discharge monitoring and control system that meets the requirements of regulation 31.4 of Annex I to MARPOL.

• Marginal note:Exception — capacity of less than 1 000 m³

  (2) Despite paragraph (1)(a), if the cargo spaces have an aggregate capacity of less than 1 000 m³ and the vessel is equipped with installations that can retain on board contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility, the vessel’s authorized representative need not ensure that the requirements of subparagraphs 12(1)(a)(iv), (vi) and (vii) are met.

Marginal note:Pumps

• 20 (1) The authorized representative of a vessel of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped with one or more pumps that can transfer oily residues from its machinery space bilges and sludge oil tanks through a piping system to a reception facility.

• Marginal note:Piping systems

  (2) The vessel’s authorized representative must ensure that the piping system has

  • (a) a stop valve that is accessible from the weather deck; and

  • (b) an outlet that is accessible from the weather deck and is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.

• Marginal note:Connections overboard

  (3) The vessel’s authorized representative must ensure that the piping to and from sludge oil tanks has no direct connection overboard other than the standard discharge connection.

Marginal note:Means for stopping discharge pumps

21 The authorized representative of a Canadian vessel, or a Canadian pleasure craft, of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped on the weather deck with a means for stopping each pump that is used to discharge oily residues and sludge oil.

Marginal note:Retention or discharge equipment — oil tankers of 150 gross tonnage or less

• 22 (1) The authorized representative of an oil tanker of 150 gross tonnage or less must ensure that it is equipped with

  • (a) installations that can retain on board oily residues, contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility; or

  • (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

• Marginal note:Retention or discharge equipment — vessels of less than 400 gross tonnage

  (2) The authorized representative of a vessel of less than 400 gross tonnage that carries oil as fuel or as cargo must ensure that the vessel is equipped with

  • (a) installations that can retain on board oily residues for the purpose of their subsequent transfer to a reception facility; or

  • (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

SUBDIVISION 2Certificates, Endorsements and Inspections

Marginal note:Issuance of Canadian Oil Pollution Prevention Certificates

• 23 (1) 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 a Canadian Oil Pollution Prevention Certificate to the vessel if the applicable requirements of this Division are met.

• Marginal note:Issuance of International Oil Pollution Prevention Certificates

  (2) 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 Oil Pollution Prevention Certificate to the vessel if the applicable requirements of Annex I to MARPOL are met.

Marginal note:Endorsement of Canadian Oil Pollution Prevention Certificates

• 24 (1) The authorized representative of a vessel that holds a Canadian Oil Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

• Marginal note:Endorsement of International Oil Pollution Prevention Certificates

  (2) The authorized representative of a vessel that holds an International Oil Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 6.1.3, 6.1.4 and 7.2 of Annex I to MARPOL.

• Marginal note:Inspection

  (3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 23 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

  (4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 3Shipboard Documents

Marginal note:Certificates

• 25 (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more, that carries oil as cargo or as fuel must hold and keep on board

  • (a) a Canadian Oil Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction;

  • (b) an International Oil Pollution Prevention Certificate that is in the form set out in appendix II to Annex I 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 MARPOL; or

  • (c) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex I to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to MARPOL.

• Marginal note:Certificates of type approval, etc.

  (2) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board

  • (a) a copy of the certificate of type approval for any of the following equipment that is fitted on the vessel:

    • (i) a 100 ppm oily-water separator and a process unit,

    • (ii) oil filtering equipment,

    • (iii) an oil content meter for the equipment referred to in subparagraph (i) or (ii),

    • (iv) an oil content meter for an oil discharge monitoring and control system, and

    • (v) an oil-water interface detector;

  • (b) in respect of the equipment referred to in subparagraphs (a)(iii) and (iv), a calibration certificate issued by or on behalf of its manufacturer;

  • (c) in the case of an oil tanker, the information referred to in regulation 28.5 of Annex I to MARPOL relative to loading and distribution of cargo and the data referred to in that regulation on the ability of the tanker to comply with damage stability criteria;

  • (d) in the case of an oil tanker fitted with an oil discharge monitoring and control system, an equipment operation manual that meets the requirements of regulation 31.4 of Annex I to MARPOL;

  • (e) in the case of a crude oil tanker of 20 000 tonnes deadweight or more,

    • (i) an Operations and Equipment Manual for the tanker’s crude oil washing system that meets the requirements of regulation 35.1 of Annex I to MARPOL and, if the tanker is a Canadian vessel, that is approved by the Minister as meeting those requirements, and

    • (ii) instruction manuals for the tanker’s inert gas system that contain the information and operational instructions referred to in section 11 of Inert Gas Systems, 1990 edition, published by the IMO, and, if the tanker is a Canadian vessel, that are approved by the Minister as meeting the requirements of that section; and

  • (f) in the case of a combination carrier in respect of which the Minister or, in the case of a combination carrier that is a foreign vessel, the government of the state whose flag the carrier is entitled to fly has allowed simple supplementary operational procedures for liquid transfer operations under regulation 27.2 of Annex I to MARPOL, procedures that meet the requirements of regulation 27.3 of that Annex.

• Marginal note:Subparagraph (2)(e)(ii)

  (3) Subparagraph (2)(e)(ii) applies

  • (a) only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL; and

  • (b) in respect of Canadian vessels only in waters under Canadian jurisdiction.

Marginal note:Survey report file

• 26 (1) Every oil tanker that is more than five years of age must keep on board the survey report file and supporting documentation, including the condition evaluation report, referred to in section 6 of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, Annex B to IMO Resolution A.744(18).

• Marginal note:Age

  (2) For the purposes of this section, the age of an oil tanker is determined from the day on which it is first delivered.

• Marginal note:Language

  (3) If an oil tanker engages on voyages only in waters under Canadian jurisdiction, the condition evaluation report must be in English or French.