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12 The following definitions apply in this Part.

arctic waters

arctic waters  has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (eaux arctiques)

cargo residues

cargo residues  has the same meaning as in regulation 1.2 of Annex V to MARPOL. (résidus de cargaison)

en route

en route  has the same meaning as in regulation 1.5 of Annex V to MARPOL. (faire route)

fast ice

fast ice  has the same meaning as in paragraph 4.1.3 of Part II-A of the Polar Code. (banquise côtière)

food waste

food waste  has the same meaning as in regulation 1.8 of Annex V to MARPOL. (déchets alimentaires)

from the nearest land

from the nearest land  has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (à partir de la terre la plus proche)

garbage

garbage  has the same meaning as in regulation 1.9 of Annex V to MARPOL. (ordures)

ice-shelf

ice-shelf  has the same meaning as in paragraph 4.1.2 of Part II-A of the Polar Code. (plateau de glace)

marine sanitation device

marine sanitation device  has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (appareil d’épuration marine)

noxious liquid substance

noxious liquid substance  has the same meaning as in regulation 1.10 of Annex II to MARPOL. (substance liquide nocive)

sewage

sewage  has the same meaning as in regulation 1.3 of Annex IV to MARPOL. (eaux usées)

waters under Canadian jurisdiction

waters under Canadian jurisdiction  has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (eaux de compétence canadienne)

Marginal note:Deposit of sewage

• 20 (1) For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, subject to subsections (2) and (3) of this section, a vessel of a gross tonnage of 400 or more or a vessel that is certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if,

  • (a) when the sewage is comminuted and disinfected, the deposit is made in accordance with regulation 11.1.1 of Annex IV to MARPOL and the vessel is located at a distance of at least three nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10;

  • (b) when the sewage is not comminuted or disinfected, the deposit is made in accordance with regulation 11.1.1 of Annex IV to MARPOL and the vessel is located at a distance of at least 12 nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or

  • (c) when the vessel operates a sewage treatment plant of an approved type, the deposit is made in accordance with regulation 11.1.2 of Annex IV to MARPOL and the vessel is as far as practicable from the nearest land, ice-shelf, fast ice or areas of ice concentration exceeding 1/10.

• [...]

• (4) For the purposes of this section, a sewage treatment plant is of an approved type if the type is approved

  • (a) in the case of a Canadian vessel, by the Minister as meeting the recommendations and guidelines referred to in regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL;

  • (b) in the case of a foreign vessel, by the competent authority as meeting the recommendations and guidelines referred to in regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL.

5 The following definitions apply in this Part.

fishing vessel

fishing vessel  has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche) 

international Arctic waters

international Arctic waters  has the same meaning asArctic waters in regulation 1.3 of Chapter XIV of SOLAS. (eaux arctiques international)

Polar Service Temperature

Polar Service Temperature  has the same meaning as in paragraph 1.2.11 of Part 1-A of the Polar Code. (température de service pour la navigation polaire)

POLARIS

POLARIS  means the Polar Operational Limit Assessment Risk Indexing System, as set out in the Appendix to the IMO Circular MSC.1/Circ.1519. (POLARIS)

pollutant

pollutant  has the same meaning as in section 185 of the Canada Shipping Act, 2001. (polluant)

vessel intended to operate in low air temperature

vessel intended to operate in low air temperature  has the same meaning as in paragraph 1.2.12 of Part I-A of the Polar Code. (bâtiment prévu pour être exploité à des températures de l’air basses)

Marginal note:Incorporated documents – as amended from time to time

• 2 (1) Except as otherwise provided, any reference in these Regulations to a document is a reference to the document as amended from time to time.

• Marginal note:Recommendations

  (2) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are mandatory.

• [...]

• Marginal note:Certified vessel

  (4) Any reference in these Regulations to a certified vessel is to be read as a reference to

  [...]

21 For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, a vessel of a gross tonnage of more than 15 and less than 400 and that is not certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if

• (a) the sewage is comminuted and disinfected using an marine sanitation device that meets the requirements of section 90 of the Vessel Pollution and Dangerous Chemicals Regulations and the deposit is made at a distance of at least one nautical mile from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10;

• (b) the deposit is made while the vessel is en route at the fastest feasible speed, at a distance of at least three nautical miles from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or