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

Marginal note:Application

99 This Division does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(3) applies.

SUBDIVISION 2Discharges of Garbage

Marginal note:Prohibition

100 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge — garbage

• 101 (1) For the purposes of section 187 of the Act and section 100, garbage may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land;

  • (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land;

  • (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and

  • (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.

Marginal note:Authorized discharge — cargo residues

• 102 (1) For the purposes of section 187 of the Act, subject to subsections (2) to (4), cargo residues that are garbage may be discharged

  • (a) from a vessel in Lake Ontario, or in Lake Erie east of a line that runs due south from Point Pelee, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (b) from a vessel in Lake Erie, in the dredged navigation channels running between Toledo Harbor Light and Detroit River Light, if the vessel loaded cargo from a Lake Erie port immediately after unloading iron ore, coal or salt at that port and the cargo residues are residues of the unloaded iron ore, coal or salt;

  • (c) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (d) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if

    • (i) the vessel is upbound along the Thumb of Michigan between 5.04 nautical miles northeast of entrance buoys 11 and 12 and the track line turn abeam of Harbor Beach, and

    • (ii) the cargo residues are iron ore, coal or salt and the discharge is made at a distance of more than 2.6 nautical miles from shore;

  • (e) from a vessel in Lake Superior, other than the Lake Superior Special Protection Area, if

    • (i) the discharge is made from the vessel at a distance of more than 12 nautical miles from shore, and

    • (ii) in the case of iron ore cargo residues, the discharge is made from the vessel at a distance of more than 5.2 nautical miles from shore;

  • (f) from a vessel in Lake Ontario, Lake Erie, Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, or Lake Superior, other than the Lake Superior Special Protection Area, or in any of the connecting and tributary waters of those lakes, if the cargo residues are limestone or other clean stone;

  • (g) from a vessel in the St. Lawrence River west of Les Escoumins, if the vessel is en route and the cargo residues are not cargo sweepings;

  • (h) from a vessel in the inland waters of Canada in the St. Lawrence River east of Les Escoumins, if the vessel is en route and the discharge is made at a distance of more than 6 nautical miles from shore; and

  • (i) from a vessel in the portion of the St. Lawrence River and the Gulf of St. Lawrence that is in Section I waters but not in the inland waters of Canada, if the vessel is en route and the discharge is made at a distance of more than 12 nautical miles from shore.

• Marginal note:Reasonable efforts

  (2) For the purposes of subsection (1), cargo residues may be discharged only if all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Paragraphs (1)(g) to (i)

  (3) For the purposes of paragraphs (1)(g) to (i), the only cargo residues that may be discharged are alumina, bauxite, bentonite, cement, chrome ore, clay, dolomite, ferromanganese, grain, gypsum, ilmenite, iron ore, iron ore concentrate, lead ore concentrate, limestone, manganese concentrate, manganese ore, nepheline syenite, perlite, quartz, salt, sand, stone, sugar, talc, urea, vermiculite and zinc ore concentrate.

• Marginal note:Nearby marine mammals

  (4) Subsection (1) does not apply in respect of a vessel when its master or a crew member ascertains by visual observation that a marine mammal is within 0.5 nautical miles of the vessel.

• Definition of grain

  (5) In subsection (3), grain means wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.

SUBDIVISION 3Placards and Garbage Management Plans

Marginal note:Display of placards

• 103 (1) Every vessel of 12 m or more in length overall must display placards that notify the crew and passengers of the garbage discharge requirements of section 187 of the Act and sections 7 and 100 to 102, as applicable.

• Marginal note:Language

  (2) The placards must

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French or in both, according to the needs of the crew and the passengers; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, be written in the working language of the crew and in English, French or Spanish.

• Definition of length overall

  (3) In this section, length overall, in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.

Marginal note:Keep on board garbage management plans

• 104 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a garbage management plan that meets the requirements of regulation 9(2) of Annex V to MARPOL.

• Marginal note:Crew members’ obligation

  (2) Every crew member must meet the applicable requirements of the plan.

• Marginal note:Language

  (3) Despite subsection (1), in the case of a Canadian vessel or a Canadian pleasure craft, the garbage management plan must be written in English or French or in both, according to the needs of the crew.

SUBDIVISION 4Record-keeping

Marginal note:Garbage Record Books

• 105 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a Garbage Record Book in the form set out in the appendix to Annex V to MARPOL.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is certified to carry 15 persons or more and engages only on voyages of one hour or less.

Marginal note:Entries — officer in charge

• 106 (1) The officer in charge of an operation referred to in regulation 9(3) of Annex V to MARPOL that takes place on a vessel in respect of which section 105 applies must

  • (a) ensure that the operation is recorded without delay in the Garbage Record Book; and

  • (b) sign the recorded entry.

• Marginal note:Entries — master

  (2) The master of a vessel in respect of which section 105 applies must

  • (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a), (d) or (e), or any other accidental or exceptional discharge, is recorded without delay in the Garbage Record Book;

  • (b) ensure that each entry recorded in the Garbage Record Book is signed by the officer in charge of the operation; and

  • (c) sign each page of the Garbage Record Book after the page is completed.

• Marginal note:Two years

  (3) The vessel must keep the Garbage Record Book on board for two years after the day on which the last entry was made.

• Marginal note:Language

  (4) An entry in the Garbage Record Book must

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish.

• Marginal note:Categories of garbage

  (5) For the purposes of subsection (6), garbage must be grouped into the following categories:

  • (a) plastics (Category 1);

  • (b) dunnage, lining material or packing material referred to in paragraph 101(1)(a) (Category 2);

  • (c) garbage referred to in paragraph 101(1)(c), other than food wastes and incinerator ash (Category 3);

  • (d) garbage referred to in paragraph 101(1)(b), other than food wastes and incinerator ash (Category 4);

  • (e) food wastes (Category 5); and

  • (f) incinerator ash, except incinerator ash from plastics that may contain toxic or heavy-metal residues (Category 6).

• Marginal note:Categories

  (6) The master of a vessel shall ensure that

  • (a) garbage that is discharged in accordance with section 101 or 102 is listed in the Garbage Record Book under the heading for Category 2, 3, 4, 5 or 6, as the case may be; and

  • (b) garbage that is transferred to a reception facility is

    • (i) in the case of plastic, is listed in the Garbage Record Book under the heading for Category 1, and

    • (ii) in any other case, is listed in the Garbage Record Book under the heading for “other”.

• Marginal note:Official log book

  (7) The Garbage Record Book may be part of the vessel’s official log book.

Marginal note:Reception facility receipts

• 107 (1) The master of a vessel must obtain, from the owner or operator of a reception facility that receives garbage from the vessel, a receipt or certificate that sets out the type and amount of garbage received and the date and time that it was 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.

DIVISION 6Air

SUBDIVISION 1Requirements for Control of Emissions from Vessels

Plans and Specifications

Marginal note:Approval

108 On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision.

Ozone-depleting Substances

Marginal note:Emission prohibited

• 109 (1) A vessel must not emit and a person must not permit the emission of an ozone-depleting substance from an installation on a vessel except in the circumstances set out in section 5 that apply in respect of the emission.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a minimal emission of an ozone-depleting substance if the emission is associated with the recapture or recycling of an ozone-depleting substance.

• Marginal note:Systems, etc.

  (3) The authorized representative of a vessel must ensure that it is not fitted with any system, equipment — including portable fire-extinguishing units — insulation or other material that contains an ozone-depleting substance.

• Marginal note:Non-application — vessels constructed before May 19, 2005

  (4) In the case of a vessel that is constructed before May 19, 2005, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains an ozone-depleting substance and that

  • (a) is fitted before that date; or

  • (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time.

• Marginal note:Non-application — vessels constructed before January 1, 2020

  (5) In the case of a vessel that is constructed before January 1, 2020, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains a hydrochlorofluorocarbon but no other ozone-depleting substance and that

  • (a) is fitted before that date; or

  • (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time.

• Marginal note:Non-application — repair or recharge

  (6) Subsection (3) does not apply in respect of the repair or recharge of any system, equipment, insulation or other material to which subsection (4) or (5) applies.

• Marginal note:Non-application — permanently sealed equipment

  (7) This section does not apply in respect of permanently sealed equipment that has no refrigerant-charging connections or potentially removable components containing ozone depleting substances.

Nitrogen Oxides (NO_x) — Marine Diesel Engines

Marginal note:Application

110 Sections 110.1 to 110.3 do not apply in respect of a marine diesel engine that is

• (a) intended to be used solely for emergencies;

• (b) intended to be used solely to power any device or equipment that is intended to be used solely for emergencies on the vessel on which the device or equipment is installed; or

• (c) installed in a lifeboat that is intended to be used solely for emergencies.

Marginal note:Tier I — power output of more than 130 kW

• 110.1 (1) This section applies in respect of a marine diesel engine that has a power output of more than 130 kW and that is installed on

  • (a) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1999 but before January 1, 2011 and that does not engage only on voyages in waters under Canadian jurisdiction;

  • (b) a foreign vessel or a foreign pleasure craft that was constructed after December 31, 1999 but before January 1, 2011;

  • (c) a Canadian vessel or a Canadian pleasure craft that was constructed after May 2, 2007 but before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction;

  • (d) a Canadian vessel or a Canadian pleasure craft that was constructed before January 1, 2000 and that does not engage only on voyages in waters under Canadian jurisdiction, or a foreign vessel or a foreign pleasure craft that was constructed before January 1, 2000, if

    • (i) after December 31, 1999 but before January 1, 2011,

      • (A) the engine replaced a marine diesel engine that is not identical to the engine, or

      • (B) the engine was installed as an additional engine,

    • (ii) after December 31, 1999, a substantial modification, as defined in section 1.3.2 of the NO_x Technical Code, is made to the engine, or

    • (iii) after December 31, 1999, the maximum continuous rating of the engine is increased by more than 10%; or

  • (e) a Canadian vessel or a Canadian pleasure craft that was constructed before May 3, 2007 and that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) after May 2, 2007 but before the day on which this section comes into force,

      • (A) the engine replaced a marine diesel engine that is not identical to the engine and that was installed on the vessel before May 3, 2007, or

      • (B) the engine was installed as an additional engine, or

    • (ii) after May 2, 2007,

      • (A) a substantial modification, as defined in section 1.3.2 of the NO_x Technical Code, is made to the engine, or

      • (B) the maximum continuous rating of the engine is increased by more than 10%.

• Marginal note:Tier I — power output of more than 5 000 kW

  (2) This section applies in respect of a marine diesel engine that has a power output of more than 5 000 kW and a displacement of 90 L or more per cylinder, and that is installed on

  • (a) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1989 but before May 3, 2007 and that engages only on voyages in waters under Canadian jurisdiction;

  • (b) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1989 but before January 1, 2000 and that does not engage only on voyages in waters under Canadian jurisdiction; or

  • (c) a foreign vessel or a foreign pleasure craft that was constructed after December 31, 1989 but before January 1, 2000.

• Marginal note:Emission limits

  (3) Subject to sections 110.5 and 110.6 and, in the case of a marine diesel engine to which subsection (2) applies, regulations 13.7.1 to 13.7.3 of Annex VI to MARPOL, the authorized representative of a vessel must ensure that a marine diesel engine is not operated on the vessel if the quantity of nitrogen oxides emitted from the engine, calculated as the total weighted emission of NO₂, exceeds the following limits, where n represents the rated engine speed (crankshaft revolutions per minute) of the engine:

  • (a) 17.0 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 45.0 × n^-0.2 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 9.8 g/kWh, where n is 2,000 revolutions per minute or more.

• Marginal note:Certificates

  (4) In the case of a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction, a reference in regulation 13.7.1 of Annex VI to MARPOL to the vessel’s International Air Pollution Prevention Certificate is to be read as a reference to the vessel’s Canadian Air Pollution Prevention Certificate.