Environmental Response Regulations (SOR/2019-252)

Marginal note:Classes

• 2 (1) The following classes of vessels are prescribed for the purposes of subsection 167(1) of the Act:

  • (a) oil tankers of 150 gross tonnage or more;

  • (b) vessels, other than oil tankers, of 400 gross tonnage or more that carry oil as cargo or as fuel; and

  • (c) vessels that carry oil as cargo or as fuel and that are engaged in towing or pushing at least one other vessel that carries oil as cargo or as fuel, if the combined gross tonnage of the vessels is 150 gross tonnage or more.

• Marginal note:Exclusions

  (2) The classes of vessels that are prescribed by subsection (1) do not include

  • (a) foreign vessels that are only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and are not engaged in the loading or unloading of oil during transit;

  • (b) pleasure craft; or

  • (c) government vessels, naval auxiliary vessels or vessels owned or operated by a foreign state and used only on government non-commercial service.

• Marginal note:Definition of oil tanker

  (3) In this section, oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes the following vessels that are carrying a cargo or part cargo of oil in bulk:

  • (a) a combination carrier, which is a vessel designed to carry oil or solid cargoes in bulk;

  • (b) an NLS tanker, which is a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk; and

  • (c) a gas carrier, which is a cargo vessel constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization.