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

Marginal note:Emergency

39 In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.

Marginal note:Notification of transfers between oil tankers

• 39.1 (1) The master of an oil tanker of 150 gross tonnage or more must ensure that the tanker does not engage in a transfer operation to which section 27.1 applies unless, at least 48 hours before the transfer operation begins, the master gives notice in accordance with regulation 42.2 of Annex I to MARPOL to

  • (a) if the transfer operation is in waters under Canadian jurisdiction, a marine communications and traffic services officer; and

  • (b) if the transfer operation is in the territorial sea or the exclusive economic zone of a foreign state that is a party to MARPOL, the appropriate official of the foreign state.

• Marginal note:Information not available 48 hours before transfer

  (2) Despite subsection (1), information that is specified in regulation 42.2 of Annex I to MARPOL and that is not, because of exceptional circumstances, available 48 hours before the transfer operation begins, does not need to be included with the notice. The master of an oil tanker that is planning to unload oil or an oily mixture must ensure that the tanker does not engage in the transfer operation unless the information that was not available is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be.

• Marginal note:Change in estimated arrival time

  (3) If the estimated time of arrival of an oil tanker at the location for the transfer operation changes by more than six hours, the master of the tanker must ensure that it does not engage in the transfer operation unless a revised estimated time of arrival is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be.

SUBDIVISION 6Record-keeping

Marginal note:Oil Record Books — Part I

• 40 (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 keep on board an Oil Record Book, Part I (Machinery Space Operations) in the form set out in appendix III to Annex I to MARPOL.

• Marginal note:Oil Record Books — Part II

  (2) Every oil tanker of 150 gross tonnage or more must keep on board an Oil Record Book, Part II (Cargo/Ballast Operations) in the form set out in appendix III to Annex I to MARPOL.

• Marginal note:Entries — Part I — officer in charge

  (3) The officer in charge of a machinery space operation set out in regulation 17.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (1) must

  • (a) ensure that the operation is recorded without delay in the Oil Record Book, Part I (Machinery Space Operations); and

  • (b) sign the recorded entry.

• Marginal note:Entries — Part I — master

  (4) The master of a vessel referred to in subsection (1) must

  • (a) ensure that

    • (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge to which paragraph 5(c) does not apply, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part I (Machinery Space Operations), and

    • (ii) any failure of the oil filtering equipment is recorded without delay in the Oil Record Book, Part I (Machinery Space Operations);

  • (b) ensure that each entry recorded in the Oil Record Book, Part I (Machinery Space Operations) is signed by the officer in charge of the operation; and

  • (c) sign each page of the Oil Record Book, Part I (Machinery Space Operations) after the page is completed.

• Marginal note:Language — Part I

  (5) An entry in the Oil Record Book, Part I must be written

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

  • (b) in English, French or Spanish, in the case of a foreign vessel or a foreign pleasure craft.

• Marginal note:Entries — Part II — officer in charge

  (6) The officer in charge of a cargo/ballast operation set out in regulation 36.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (2) must

  • (a) ensure that the operation is recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations); and

  • (b) sign the recorded entry.

• Marginal note:Entries — Part II — master

  (7) The master of a vessel referred to in subsection (2) must

  • (a) ensure that

    • (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations), and

    • (ii) any failure of the oil discharge monitoring and control system is recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations);

  • (b) ensure that each entry recorded in the Oil Record Book, Part II (Cargo/Ballast Operations) is signed by the officer in charge of the operation; and

  • (c) sign each page of the Oil Record Book, Part II (Cargo/Ballast Operations) after the page is completed.

• Marginal note:Language — Part II

  (8) An entry in the Oil Record Book, Part II must be written

  • (a) in English or French, in the case of a Canadian vessel; and

  • (b) in English, French or Spanish, in the case of a foreign vessel.

• Marginal note:Three years

  (9) A vessel referred to in subsection (1) or (2) must keep the Oil Record Book, Part I and, if applicable, the Oil Record Book, Part II on board for three years after the day on which the last entry was made.

• Marginal note:Official log book

  (10) The Oil Record Book, Part I and, if applicable, the Oil Record Book, Part II may be part of the vessel’s official log book.

Marginal note:Reception facility receipts

• 41 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives oily residues from the vessel a receipt or certificate that sets out the type and amount of oily residues received and the date and time that they were received.

• Marginal note:One year

  (2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.

Marginal note:Recording device for bilge alarms

42 If an alarm on a vessel is required under paragraph 12(1)(e) or (f) or subsection 30(2) to be fitted with a recording device to meet the specifications of Part 2 of the Annex to Resolution MEPC.107(49), the vessel must keep on board the data that those specifications require to be recorded (the date, the time, the alarm status of the alarm and the operating status of the oil filtering equipment) for 18 months after the data is recorded.

Marginal note:STS operations Plan — Records

• 42.1 (1) The master of an oil tanker of 150 gross tonnage or more that is required by section 27.1 to keep on board an STS operations Plan must ensure that the records required by the Plan are made.

• Marginal note:Three years

  (2) The oil tanker must keep each record on board for three years after it is made.

SUBDIVISION 7Double Hulling for Oil Tankers

General

Marginal note:Application

• 43 (1) This section applies in respect of an oil tanker

  • (a) for which the building contract is placed after July 5, 1993;

  • (b) that is constructed after January 5, 1994, in the absence of a building contract;

  • (c) that is first delivered after July 5, 1996; or

  • (d) that undergoes a major conversion

    • (i) for which the building contract is placed after July 5, 1993,

    • (ii) for which the construction work begins after January 5, 1994, in the absence of a building contract, or

    • (iii) that is completed after July 5, 1996.

• Marginal note:Requirements

  (2) The authorized representative of an oil tanker must ensure that it

  • (a) meets the design and construction requirements of regulations 19.3 and 19.4 of Annex I to MARPOL, or of regulation 19.6 of that Annex if applicable, unless the tanker is designed and constructed in accordance with the requirements of regulation 19.5 of that Annex; and

  • (b) is designed and constructed to facilitate the inspection and maintenance of wing and double bottom tanks or spaces.

Phasing-in

Marginal note:Interpretation

• 44 (1) In this section, Category 2 oil tanker and Category 3 oil tanker have the same meaning as in regulations 20.3.2 and 20.3.3, respectively, of Annex I to MARPOL.

• Marginal note:Application

  (2) This section applies in respect of

  • (a) a foreign vessel that is an oil tanker referred to in regulation 20.1.1 of Annex I to MARPOL; and

  • (b) a Canadian vessel that is a Category 2 oil tanker or Category 3 oil tanker and that holds an International Oil Pollution Prevention Certificate.

• Marginal note:Non-application

  (3) This section does not apply in respect of

  • (a) an oil tanker in respect of which section 43 applies;

  • (b) 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;

  • (c) an oil tanker that is entitled to fly the flag of the United States; or

  • (d) an oil tanker that is engaged in the coasting trade as defined in subsection 2(1) of the Coasting Trade Act.

• Marginal note:Requirements

  (4) Subject to subsections (5) to (7), the authorized representative of an oil tanker must ensure that it meets the requirements of subsection 43(2).

• Marginal note:Continued operation dependent on fittings

  (5) A Category 2 oil tanker, or a Category 3 oil tanker, that is a Canadian vessel fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 20.1.3 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  • (a) it was in service on July 1, 2001;

  • (b) its specifications set out in this subsection remain unchanged; and

  • (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation dependent on Condition Assessment Scheme

  (6) A Category 2 oil tanker, or Category 3 oil tanker, that is a Canadian vessel may continue to operate if

  • (a) the Board determines that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that the tanker is fit to continue to operate; and

  • (b) the tanker’s continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Foreign vessels operating under regulation 20.5 or 20.7

  (7) Subject to subsection (8), a Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed it to continue to operate under regulation 20.5 or 20.7 of Annex I to MARPOL.

• Marginal note:Prohibited to enter ports or offshore terminals

  (8) A Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel and is continuing to operate under regulation 20.5 of Annex I to MARPOL after the anniversary in the year 2015 of the date of its delivery must not enter a port or an offshore terminal in waters under Canadian jurisdiction.

• Marginal note:Delivery and age

  (9) For the purposes of this section,

  • (a) the date of delivery of a tanker is the day on which it is first delivered; and

  • (b) the age of a tanker is determined from the day on which it is first delivered.

Oil Tankers Carrying Heavy Grade Oil as Cargo

Definition of heavy grade oil

• 45 (1) In this section, heavy grade oil has the same meaning as in regulation 21.2 of Annex I to MARPOL.

• Marginal note:Application

  (2) This section applies in respect of an oil tanker of 600 tonnes deadweight or more that is carrying heavy grade oil as cargo.

• Marginal note:Non-application

  (3) This section does not apply in respect of

  • (a) an oil tanker that is a Canadian vessel and engages only on voyages in waters under Canadian jurisdiction; or

  • (b) an oil tanker to which regulation 21.1.2 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation.

• Marginal note:Requirements

  (4) Subject to subsections (5) to (8), the authorized representative of an oil tanker must ensure that

  • (a) if it is of 5 000 tonnes deadweight or more, it meets the requirements of subsection 43(2); and

  • (b) if it is of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight, it meets the requirements of subsection 43(2) or is fitted with

    • (i) double bottom tanks or spaces that meet the requirements of regulation 19.6.1 of Annex I to MARPOL, and

    • (ii) wing tanks or spaces arranged in accordance with regulation 19.3.1 of Annex I to MARPOL that meet the requirement for distance, w, referred to in regulation 19.6.2 of Annex I to MARPOL.

• Marginal note:Continued operation dependent on fittings

  (5) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 21.1.2 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  • (a) it was in service on December 4, 2003;

  • (b) its specifications set out in this subsection remain unchanged; and

  • (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation dependent on Condition Assessment Scheme

  (6) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more that is carrying crude oil having a density at 15°C that is higher than 900 kg/m³ but lower than 945 kg/m³ may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that it is fit to continue to operate; and

  • (b) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation — heavy grade oil

  (7) An oil tanker that is a Canadian vessel of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight and that does not meet the requirements of paragraph (4)(b) may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that it is fit to continue to operate; and

  • (b) its continued operation does not go beyond the day on which it reaches 25 years of age.

• Marginal note:Foreign vessels

  (8) An oil tanker that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed the tanker to continue to operate under regulation 21.5, 21.6.1 or 21.6.2 of Annex I to MARPOL.

• Marginal note:Delivery and age

  (9) For the purposes of this section,

  • (a) the date of delivery of a tanker is the day on which it is first delivered; and

  • (b) the age of a tanker is determined from the day on which it is first delivered.