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

Marginal note:Application

99. This Division does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(3) applies.

Marginal note:Prohibition

100. A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge — garbage

• 101. (1) For the purposes of section 187 of the Act and section 100, garbage may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land;

  • (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land;

  • (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and

  • (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.

Marginal note:Authorized discharge — cargo residues

• 102. (1) For the purposes of section 187 of the Act, subject to subsections (2) to (4), cargo residues that are garbage may be discharged

  • (a) from a vessel in Lake Ontario, or in Lake Erie east of a line that runs due south from Point Pelee, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (b) from a vessel in Lake Erie, in the dredged navigation channels running between Toledo Harbor Light and Detroit River Light, if the vessel loaded cargo from a Lake Erie port immediately after unloading iron ore, coal or salt at that port and the cargo residues are residues of the unloaded iron ore, coal or salt;

  • (c) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (d) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if

    • (i) the vessel is upbound along the Thumb of Michigan between 5.04 nautical miles northeast of entrance buoys 11 and 12 and the track line turn abeam of Harbor Beach, and

    • (ii) the cargo residues are iron ore, coal or salt and the discharge is made at a distance of more than 2.6 nautical miles from shore;

  • (e) from a vessel in Lake Superior, other than the Lake Superior Special Protection Area, if

    • (i) the discharge is made from the vessel at a distance of more than 12 nautical miles from shore, and

    • (ii) in the case of iron ore cargo residues, the discharge is made from the vessel at a distance of more than 5.2 nautical miles from shore;

  • (f) from a vessel in Lake Ontario, Lake Erie, Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, or Lake Superior, other than the Lake Superior Special Protection Area, or in any of the connecting and tributary waters of those lakes, if the cargo residues are limestone or other clean stone;

  • (g) from a vessel in the St. Lawrence River west of Les Escoumins, if the vessel is en route and the cargo residues are not cargo sweepings;

  • (h) from a vessel in the inland waters of Canada in the St. Lawrence River east of Les Escoumins, if the vessel is en route and the discharge is made at a distance of more than 6 nautical miles from shore; and

  • (i) from a vessel in the portion of the St. Lawrence River and the Gulf of St. Lawrence that is in Section I waters but not in the inland waters of Canada, if the vessel is en route and the discharge is made at a distance of more than 12 nautical miles from shore.

• Marginal note:Reasonable efforts

  (2) For the purposes of subsection (1), cargo residues may be discharged only if all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Paragraphs (1)(g) to (i)

  (3) For the purposes of paragraphs (1)(g) to (i), the only cargo residues that may be discharged are alumina, bauxite, bentonite, cement, chrome ore, clay, dolomite, ferromanganese, grain, gypsum, ilmenite, iron ore, iron ore concentrate, lead ore concentrate, limestone, manganese concentrate, manganese ore, nepheline syenite, perlite, quartz, salt, sand, stone, sugar, talc, urea, vermiculite and zinc ore concentrate.

• Marginal note:Nearby marine mammals

  (4) Subsection (1) does not apply in respect of a vessel when its master or a crew member ascertains by visual observation that a marine mammal is within 0.5 nautical miles of the vessel.

• Definition of “grain”

  (5) In subsection (3), “grain” means wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.