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Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  arctic waters

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

  emission control area

  emission control area  means

  • [...]

  • (b) for the purposes of section 111,

    • (i) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL,

    • (ii) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL,

  en route

  en route , in respect of a vessel, means being underway on a course that, so far as feasible for navigational purposes, will cause any discharge to be spread over as great an area as is reasonably feasible. (fait route)

  fishing zone

  fishing zone  has the same meaning as a fishing zone of Canada described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order, the Fishing Zones of Canada (Zones 4 and 5) Order or the Fishing Zones of Canada (Zone 6) Order. (zone de pêche)

  from the nearest land

  from the nearest land  means seaward from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that off the northeastern coast of Australia it has the same meaning as in Annexes I, II, IV and V to MARPOL. (à partir de la terre la plus proche)

  garbage

  garbage  means all kinds of victual, domestic and operational waste that is generated during the normal operation of a vessel and that is likely to be disposed of continuously or periodically, and includes plastics, dunnage, lining and packing materials, galley wastes and refuse such as paper products, rags, glass, metal, bottles, crockery, incinerator ash and cargo residues. However, it does not include fresh fish, fresh fish parts, oil, oily mixtures, noxious liquid substances, liquid substances that are listed in chapter 18 of the IBC Code and categorized as OS in the Pollution Category column of that chapter, liquid substances that are provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling outside category X, Y or Z, substances listed in Schedule 1, marine pollutants, sewage or sewage sludge. (ordures)

  inland waters of Canada

  inland waters of Canada , except in Division 4 of Part 2, means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

  [...]

  machinery spaces

  machinery spaces  has the same meaning as in section 2 of the Marine Machinery Regulations. (tranche des machines)

  marine pollutants

  marine pollutants  has the same meaning as harmful substances  in regulation 1 of Annex III to MARPOL, and includes packaging that has been used for the carriage of a harmful substance unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment. (polluants marins)

  noxious liquid substance

  noxious liquid substance  means a liquid substance, alone or in a mixture with other substances, that is listed in chapter 17 or 18 of the IBC Code and categorized as Category X, Y or Z in the Pollution Category column of the chapter in which it is listed, or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z. (substance liquide nocive)

  ozone-depleting substance

  ozone-depleting substance  means a controlled substance as defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer. (substance qui appauvrit la couche d’ozone)

  sewage

  sewage  means

  • [...]

  • (c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;

  shipping safety control zone

  shipping safety control zone  has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (zone de contrôle de la sécurité de la navigation)

• [...]

• Marginal note:Authorized representative

  (3) For the purposes of these Regulations, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the operator of the pleasure craft.

• Marginal note:Certificates

  (4) For the purposes of these Regulations, a reference to a certificate that a vessel is required to hold and keep on board is to be read as a reference to

  [...]

[...]

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  arctic waters

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

  emission control area

  emission control area  means

  • [...]

  • (b) for the purposes of section 111,

    • (i) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL,

    • (ii) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL,

  en route

  en route , in respect of a vessel, means being underway on a course that, so far as feasible for navigational purposes, will cause any discharge to be spread over as great an area as is reasonably feasible. (fait route)

  fishing zone

  fishing zone  has the same meaning as a fishing zone of Canada described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order, the Fishing Zones of Canada (Zones 4 and 5) Order or the Fishing Zones of Canada (Zone 6) Order. (zone de pêche)

  from the nearest land

  from the nearest land  means seaward from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that off the northeastern coast of Australia it has the same meaning as in Annexes I, II, IV and V to MARPOL. (à partir de la terre la plus proche)

  garbage

  garbage  means all kinds of victual, domestic and operational waste that is generated during the normal operation of a vessel and that is likely to be disposed of continuously or periodically, and includes plastics, dunnage, lining and packing materials, galley wastes and refuse such as paper products, rags, glass, metal, bottles, crockery, incinerator ash and cargo residues. However, it does not include fresh fish, fresh fish parts, oil, oily mixtures, noxious liquid substances, liquid substances that are listed in chapter 18 of the IBC Code and categorized as OS in the Pollution Category column of that chapter, liquid substances that are provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling outside category X, Y or Z, substances listed in Schedule 1, marine pollutants, sewage or sewage sludge. (ordures)

  inland waters of Canada

  inland waters of Canada , except in Division 4 of Part 2, has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

  machinery spaces

  machinery spaces  has the same meaning as in section 2 of the Marine Machinery Regulations. (tranche des machines)

  marine pollutants

  marine pollutants  has the same meaning as harmful substances  in regulation 1 of Annex III to MARPOL, and includes packaging that has been used for the carriage of a harmful substance unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment. (polluants marins)

  noxious liquid substance

  noxious liquid substance  means a liquid substance, alone or in a mixture with other substances, that is listed in chapter 17 or 18 of the IBC Code and categorized as Category X, Y or Z in the Pollution Category column of the chapter in which it is listed, or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z. (substance liquide nocive)

  ozone-depleting substance

  ozone-depleting substance  means a controlled substance as defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer. (substance qui appauvrit la couche d’ozone)

  sewage

  sewage  means

  • [...]

  • (c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;

  shipping safety control zone

  shipping safety control zone  has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (zone de contrôle de la sécurité de la navigation)

• [...]

• Marginal note:Authorized representative

  (3) For the purposes of these Regulations, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the operator of the pleasure craft.

• Marginal note:Certificates

  (4) For the purposes of these Regulations, a reference to a certificate that a vessel is required to hold and keep on board is to be read as a reference to

  [...]

[...]

Marginal note:Oil and oily mixtures

• 7 (1) A Canadian vessel, and a person on a Canadian vessel, must not discharge oil or an oily mixture in any of the following areas except in accordance with the requirements of regulations 15 and 34 of Annex I to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  • (a) the Mediterranean Sea area, as defined in regulation 1.11.1 of Annex I to MARPOL;

  • (b) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL;

  • (c) the Black Sea area, as defined in regulation 1.11.3 of Annex I to MARPOL;

  • (d) the Gulfs area, as defined in regulation 1.11.5 of Annex I to MARPOL;

  • (e) the Antarctic area, as defined in regulation 1.11.7 of Annex I to MARPOL;

  • (f) the North West European waters, as defined in regulation 1.11.8 of Annex I to MARPOL;

  • (g) the Southern South African waters, as defined in regulation 1.11.10 of Annex I to MARPOL; and

  • (h) Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL.

• Marginal note:Noxious liquid substances

  (2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S or in arctic waters as defined in regulation 21.2 of Annex II to MARPOL, except in the circumstances set out in section 5 that apply in respect of the discharge.

• (3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas that are not under Canadian jurisdiction, except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  • (a) special areas, as defined in regulation 1.14 of Annex V to MARPOL; and

  • (b) Arctic waters, as defined in regulation 5.2 of Annex V to MARPOL.

[...]

Marginal note:Endorsement of Canadian NLS certificates

• [...]

• Marginal note:Endorsement of international NLS certificates

  (2) The authorized representative of a vessel that holds an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk must ensure that the certificate is endorsed as required by regulations 8.1.3, 8.1.4 and 9.2 of Annex II to MARPOL.

• Marginal note:Endorsement of IBC Code certificates of fitness

  (3) The authorized representative of a vessel that holds an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the IBC Code.

• Marginal note:Endorsement of BCH Code certificates of fitness

  (4) The authorized representative of a vessel that holds a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the BCH Code.

• Marginal note:Endorsement of certificates of fitness for offshore support vessels

  (5) The authorized representative of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel must ensure that the certificate is endorsed as required by section 1.5.4 of Resolution A.673(16).

• Marginal note:Inspection

  (6) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 54 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

Marginal note:Certificates

• 25 (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 hold and keep on board

  [...]

• Marginal note:Certificates of type approval, etc.

  (2) 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

  • [...]

  • (e) in the case of a crude oil tanker of 20 000 tonnes deadweight or more,

    • (i) an Operations and Equipment Manual for the tanker’s crude oil washing system that meets the requirements of regulation 35.1 of Annex I to MARPOL and, if the tanker is a Canadian vessel, that is approved by the Minister as meeting those requirements, and

    • (ii) instruction manuals for the tanker’s inert gas system that contain the information and operational instructions referred to in section 11 of Inert Gas Systems, 1990 edition, published by the IMO, and, if the tanker is a Canadian vessel, that are approved by the Minister as meeting the requirements of that section; and

• (3) Subparagraph (2)(e)(ii) applies

  • (a) only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL; and