Basic Search

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.

• (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

  [...]

• 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

  [...]

• 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

  [...]

• 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

  [...]

• 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: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.

• (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.

• (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

  [...]

• 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

  [...]

• 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: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.

• (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

• (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

  [...]

• (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

• (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

  [...]

• 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: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

  • (a) a Canadian Oil Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction;

  • (b) an International Oil Pollution Prevention Certificate that is in the form set out in appendix II to Annex I to MARPOL, if the vessel

    [...]

• 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

  • (a) a copy of the certificate of type approval for any of the following equipment that is fitted on the vessel:

    • [...]

    • (ii) oil filtering equipment,

    • (iii) an oil content meter for the equipment referred to in subparagraph (i) or (ii),

    • (iv) an oil content meter for an oil discharge monitoring and control system, and

  • [...]

  • (c) in the case of an oil tanker, the information referred to in regulation 28.5 of Annex I to MARPOL relative to loading and distribution of cargo and the data referred to in that regulation on the ability of the tanker to comply with damage stability criteria;

  • (d) in the case of an oil tanker fitted with an oil discharge monitoring and control system, an equipment operation manual that meets the requirements of regulation 31.4 of Annex I to MARPOL;

  • (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

• (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

Marginal note:Equipment requirements

• 12 (1) The authorized representative of an oil tanker of 150 gross tonnage or more, or of any other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must ensure that

  • (a) in the case of an oil tanker, it

    • (i) meets the requirements of regulations 25.1 to 25.4 of Annex I to MARPOL respecting the hypothetical outflow of oil requirements,

    • [...]

    • (vi) is fitted with an oil discharge monitoring and control system that meets the requirements of regulation 31 of Annex I to MARPOL, and

  • (b) in the case of a crude oil tanker of 20 000 tonnes deadweight or more but less than 40 000 tonnes deadweight, it meets the requirements of paragraph (a) and is fitted with

    • [...]

    • (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  • (c) in the case of an oil tanker of 30 000 tonnes deadweight or more engaged in carrying oil other than crude oil as cargo, it meets the requirements of subparagraph (b)(i) or, if the tanker is of 40 000 tonnes deadweight or more, was constructed before July 31, 1995 and has not undergone a major conversion since that date, it operates with dedicated clean ballast tanks that meet the requirements of regulation 18.8 of Annex I to MARPOL;

  • (d) in the case of a crude oil tanker of 40 000 tonnes deadweight or more, it is fitted with

    • [...]

    • (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  • (e) in the case of a vessel of 400 gross tonnage or more, unless it engages only on voyages in Section I waters and is fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water, it is fitted with

    • (i) oil filtering equipment, alarm arrangements and automatic stopping arrangements that meet the requirements of regulation 14 of Annex I to MARPOL, or

    • (ii) if it is of less than 10 000 gross tonnage and engages on voyages in Section II waters, oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL; and

  • (f) in the case of a vessel that engages only on voyages in the inland waters of Canada and is not fitted with a holding tank that has a volume adequate for the retention on board of oily mixtures from the machinery space bilges, it is fitted with oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL, with a 5 ppm bilge alarm that meets the requirements of section 13 and with an automatic stopping arrangement that is substantially similar to that referred to in regulation 14.7 of Annex I to MARPOL.

• Marginal note:Non-application of subparagraph (1)(a)(i)

  (2) Subparagraph (1)(a)(i) does not apply in respect of an oil tanker

  [...]

• Marginal note:Limited application of subparagraph (1)(a)(ii)

  (3) Subparagraph (1)(a)(ii) applies only in respect of an oil tanker referred to in regulation 26.1 of Annex I to MARPOL that is not an oil tanker delivered on or after 1 January 2010 as defined in regulation 1.28.8 of that Annex.

• Marginal note:Non-application of subparagraphs (1)(a)(iv), (vi) and (vii)

  (4) Subparagraphs (1)(a)(iv), (vi) and (vii) do not apply in respect of an oil tanker that

  • (a) engages exclusively in carrying cargoes of asphalt or similar oils that, through their physical properties, inhibit the effective separation of oil and water and effective monitoring of the discharge of oil; or

• Marginal note:Non-application of subparagraphs (1)(a)(vi) and (vii)

  (5) Subparagraphs (1)(a)(vi) and (vii) do not apply in respect of an oil tanker that engages only on voyages in waters under Canadian jurisdiction within 50 nautical miles from the nearest land or in shipping safety control zones.

• Marginal note:Non-application of subparagraphs (1)(a)(iv) to (vii)

  (6) Subparagraphs (1)(a)(iv) to (vii) do not apply in respect of an oil tanker that does not have mechanical means of propulsion and cannot wash or ballast its cargo tanks while en route.

• Marginal note:Limited application of paragraphs (1)(b) to (d)

  (7) Paragraphs (1)(b) to (d) apply only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL.

• [...]

• Marginal note:Oily-water separating equipment

  (10) For the purposes of paragraph (1)(e) and the requirements of regulation 14 of Annex I to MARPOL in respect of oil filtering equipment, oily-water separating equipment that was installed before July 31, 1995 may be used if a process unit that meets the requirements of Appendix 1 to the Recommendation Concerning the Installation of Oily-Water Separating Equipment Under the International Convention for the Prevention of Pollution from Ships, 1973 as Modified by the Protocol of 1978 Relating Thereto, the Annex to IMO Resolution A.444(XI), is attached to the equipment.