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

Marginal note:Overall advisory control of transfers between oil tankers

• 36.1 (1) The authorized representative of an oil tanker of 150 gross tonnage or more must ensure that a transfer operation to which section 27.1 applies is under the overall advisory control of a person who meets the qualifications set out in section 6.2.1.2 of the Manual on Oil Pollution, Section I – Prevention, published by the IMO.

• Marginal note:Duties

  (2) The person must carry out the duties set out in section 6.2.1.3 of the Manual.

Marginal note:Requirements for transfer operations — vessels

37 The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by a person who is required to be part of the complement of the vessel

• (a) in the case of a Canadian vessel, by paragraph 207(3)(a), (b) or (c) or subparagraph 207(3)(d)(i) of the Marine Personnel Regulations; and

• (b) in the case of a foreign vessel, by paragraph 241(a), subparagraph 241(b)(ii) or (iii) or paragraph 241(d) of the Marine Personnel Regulations.

Marginal note:Duties of supervisors of transfer operations — vessels

• 38 (1) The supervisor of a transfer operation on board a vessel must ensure that

  • (a) the vessel is secured, having regard to the weather and the tidal and current conditions, and the mooring lines are tended so that the movement of the vessel does not damage the transfer conduit or its connections;

  • (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, with respect to

    • (i) the rates of flow and pressures for the transferred liquid,

    • (ii) the reduction of rates of flow and pressures, where required to avoid an overflow of the tanks,

    • (iii) the time required to stop the transfer operation under normal conditions,

    • (iv) the time required to shut down the transfer operation under emergency conditions, and

    • (v) the communication signals for the transfer operation, including

      • (A) stand by to start transfer,

      • (B) start transfer,

      • (C) slow down transfer,

      • (D) stand by to stop transfer,

      • (E) stop transfer,

      • (F) emergency stop of transfer, and

      • (G) emergency shutdown of transfer;

  • (c) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;

  • (d) the person who is on duty on board the vessel in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the vessel’s tanks to ensure that they do not overflow, and maintains continuous communication with that person’s counterpart at the handling facility or on board the other vessel, as the case may be;

  • (e) the manifold valves and tank valves on the vessel are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system;

  • (f) the rate of flow is reduced when the tanks are being topped off;

  • (g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;

  • (h) the following measures are taken to prevent the discharge of oil:

    • (i) all cargo and bunker manifold connections that are not being used in the transfer operation are securely closed and fitted with blank flanges or other equivalent means of closure,

    • (ii) all overboard discharge valves are securely closed and marked to indicate that they are not to be opened during the transfer operation, and

    • (iii) all scuppers are plugged;

  • (i) a supply of peat moss or other absorbent material is readily available near every transfer conduit to facilitate the cleanup of any minor spillage of oil that may occur on the vessel or on the shore;

  • (j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected;

  • (k) all reasonable precautions are taken to avoid the discharge of oil; and

  • (l) the vessel’s STS operations Plan is implemented, if the vessel is of 150 gross tonnage or more and section 27.1 applies to the transfer operation.

• Marginal note:Duties of supervisors of transfer operations — facilities

  (2) The supervisor of a transfer operation at a handling facility must ensure that

  • (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;

  • (b) continuous communication is maintained with the supervisor on board the vessel; and

  • (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.

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.