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

Marginal note:Application

• 117. (1) This Subdivision applies only in respect of vessels in Canadian waters within 1 nautical mile from shore.

• Marginal note:Non-application

  (2) This Subdivision does not apply in respect of vessels during the start-up or maintenance of smoke-producing systems.

Marginal note:Density of black smoke

• 118. (1) For the purposes of this section and section 119, the smoke chart to be used in determining the density of black smoke is the Department of Transport Smoke Chart set out in Schedule 3 or a comparable chart on which fine black dots or lines, evenly spaced on a white ground space, are so arranged as to indicate

  • (a) density number 1, by having approximately 20% of the space black;

  • (b) density number 2, by having approximately 40% of the space black;

  • (c) density number 3, by having approximately 60% of the space black;

  • (d) density number 4, by having approximately 80% of the space black; and

  • (e) density number 5, by having approximately 100% of the space black.

• Marginal note:Visual observation

  (2) The density of black smoke is to be determined by visual observation, by

  • (a) holding a smoke chart at arm’s length;

  • (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and

  • (c) matching the shade of the smoke to the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Closest resemblance

  (3) When a determination of the density of black smoke is made in accordance with subsections (1) and (2), the black smoke is considered to be of the density and to have the density number indicated by the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Other smoke

  (4) Smoke that is not black smoke is considered to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

• Definition of “black smoke”

  (5) In this section, “black smoke” means smoke that appears black or blackish.

Marginal note:Limits of smoke emission — general

• 119. (1) Subject to subsection (2), a person must not operate on a vessel a fuel-burning installation that does not utilize hand-fired boilers and that is emitting smoke of a density greater than density number 1.

• Marginal note:Relaxation of limit

  (2) A fuel-burning installation that does not utilize hand-fired boilers may emit smoke of density number 2 for an aggregate of not more than 4 minutes in any 30-minute period.

• Marginal note:Limits of smoke emission — hand-fired boilers

  (3) Subject to subsection (4), a person must not operate on a vessel a fuel-burning installation that utilizes hand-fired boilers and that is emitting smoke of a density greater than density number 2.

• Marginal note:Relaxation of limit

  (4) A fuel-burning installation that utilizes hand-fired boilers may

  • (a) while in the Detroit River, emit smoke of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period; and

  • (b) while elsewhere than in the Detroit River, emit smoke

    • (i) of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period, and

    • (ii) of a density not greater than density number 4 for an aggregate of not more than 3 minutes in any 30-minute period.