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

Marginal note:Documentation if exhaust gas cleaning system is operated

111.2 If a vessel operates an exhaust gas cleaning system referred to in paragraph 111(4)(a) or 111.1(6)(a) or (c),

• (a) the vessel must hold and keep on board a certificate of type approval certifying that the system meets the applicable requirements referred to in Resolution MEPC.184(59);

• (b) the vessel must keep on board an EGC System Technical Manual “Scheme A” that meets the requirements of section 4.2.2 of Resolution MEPC.184(59) or an EGC System Technical Manual “Scheme B” that meets the requirements of section 5.6 of Resolution MEPC.184(59);

• (c) the vessel must keep on board a SO_x Emissions Compliance Plan that meets the requirements of section 9.1.1 of Resolution MEPC.184(59);

• (d) the authorized representative must ensure that the information required by Resolution MEPC.184(59) respecting the operation, maintenance, servicing, adjustments and monitoring of the system is recorded as required by the Resolution; and

• (e) the vessel must keep on board the information referred to in paragraph (d) in the form and manner required by Resolution MEPC.184(59).

Diesel Engines with a Displacement of Less than 30 L Per Cylinder

Marginal note:New diesel engines

• 111.3 (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any new diesel engine that has a displacement of 7 L or more per cylinder but less than 30 L per cylinder, and that is installed on the vessel for its propulsion, has been certified

  • (a) by the United States Environmental Protection Agency as meeting the requirements of Title 40, section 1042.101, of the Code of Federal Regulations of the United States for Category 2 engines; or

  • (b) by the government of another state as meeting requirements for emissions of particulate matter, nitrogen oxides and hydrocarbons that are equivalent to the requirements referred to in paragraph (a).

• Marginal note:Deferred application

  (2) Subsection (1) does not apply before January 1, 2016.

Volatile Organic Compounds

Marginal note:Vapour collection systems

• 112 (1) The authorized representative of an oil tanker, an NLS tanker or a gas carrier that uses a vapour collection system for volatile organic compounds must ensure that the vessel is fitted with a vapour collection system that meets the requirements of regulation 15.5 of Annex VI to MARPOL.

• Marginal note:Application to gas carriers

  (2) Subsection (1) applies in respect of a gas carrier only if the type of loading and containment systems used by the carrier allow safe retention of non-methane volatile organic compounds on board or their safe return ashore.

• Marginal note:VOC management plan

  (3) The authorized representative of a crude oil tanker must ensure that a volatile organic compounds management plan that meets the requirements of regulation 15.6 of Annex VI to MARPOL is implemented.

Shipboard Incineration

Marginal note:Prohibition

113 A person must not incinerate any of the following substances on a vessel:

• (a) oil cargo residues, noxious liquid substance cargo residues and marine pollutants;

• (b) polychlorinated biphenyls;

• (c) garbage containing more than traces of heavy metals;

• (d) refined petroleum products containing halogen compounds;

• (e) sewage sludge and sludge oil that are not generated on board the vessel; and

• (f) exhaust gas cleaning system residues.

Marginal note:Prohibition unless in a shipboard incinerator

• 114 (1) Subject to subsection (2), a person must not incinerate a substance on a vessel unless the incineration is in a shipboard incinerator.

• Marginal note:Sewage sludge or sludge oil

  (2) Sewage sludge or sludge oil generated during the normal operation of a vessel may be incinerated in the main or auxiliary power plant or the boilers on the vessel if the incineration does not take place inside ports, harbours or estuaries.

• Marginal note:Polyvinyl chlorides

  (3) A person must not incinerate polyvinyl chlorides on a vessel unless the incineration is in a shipboard incinerator that meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

Marginal note:Shipboard incinerators

• 115 (1) This section applies in respect of a shipboard incinerator that is installed

  • (a) after December 31, 1999

    • (i) on a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction, or

    • (ii) on a foreign vessel; or

  • (b) after May 2, 2007 on a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction.

• Marginal note:Regulation 16.6.1 of Annex VI to MARPOL

  (2) The authorized representative of a vessel must ensure that every shipboard incinerator installed on the vessel meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

• Marginal note:Operating personnel

  (3) The authorized representative of a vessel must ensure that the personnel responsible for the operation of a shipboard incinerator are trained and capable of implementing the guidance provided in the manufacturer’s operating manual.

• Marginal note:Monitoring

  (4) The master of a vessel must ensure that

  • (a) the combustion flue gas outlet temperature of a shipboard incinerator is monitored at all times; and

  • (b) waste or other matter is not fed into a continuous-feed shipboard incinerator when the temperature is below 850°C.

• Marginal note:Batch-loaded shipboard incinerators

  (5) The authorized representative of a vessel on which a batch-loaded shipboard incinerator is installed must ensure that it is designed so that the temperature in the combustion chamber reaches 600°C within five minutes after start-up and stabilizes at not less than 850°C.

Fuel Oil Quality

Marginal note:Requirements

• 116 (1) The authorized representative of a vessel must ensure that fuel oil used on board the vessel for combustion purposes does not contain inorganic acid and meets the following requirements:

  • (a) in the case of fuel oil derived from petroleum refining, the fuel oil must be a blend of hydrocarbons, with or without the incorporation of small amounts of additives that are intended to improve performance, and must not contain any added substance or chemical waste that

    • (i) jeopardizes the vessel’s safety,

    • (ii) jeopardizes the safety or health of the vessel’s personnel,

    • (iii) adversely affects the performance of the vessel’s machinery, or

    • (iv) contributes overall to additional air pollution; or

  • (b) in the case of fuel oil derived by methods other than petroleum refining, the fuel oil must not

    • (i) jeopardize the vessel’s safety,

    • (ii) jeopardize the safety or health of the vessel’s personnel,

    • (iii) adversely affect the performance of the vessel’s machinery, or

    • (iv) contribute overall to additional air pollution.

• Marginal note:Limited application

  (2) Subparagraphs (1)(a)(ii) and (iii) and (b)(ii) and (iii) apply in respect of foreign vessels, and pleasure craft that are not Canadian vessels, only when they are in Canadian waters.

Unavailability of Compliant Fuel Oil

Marginal note:Canadian vessels and Canadian pleasure craft

• 116.1 (1) If a Canadian vessel or a Canadian pleasure craft cannot, while voyaging in accordance with its voyage plan, obtain fuel oil that meets the requirements of this Division, its master must notify the Minister and, if its port of destination is not in Canada, the competent authority of that port.

• Marginal note:Foreign vessels and foreign pleasure craft

  (2) If a foreign vessel or a foreign pleasure craft whose port of destination is in Canada cannot, while voyaging in accordance with its voyage plan, obtain fuel oil that meets the requirements of this Division, its master must notify the Minister.

• Marginal note:Contents of notification

  (3) The notification must include

  • (a) the vessel’s name and, if applicable, the vessel’s IMO ship identification number;

  • (b) the vessel’s port of origin and port of destination;

  • (c) details of the attempts that were made to obtain fuel oil that meets the requirements of this Division, including the names and addresses of the fuel oil suppliers contacted, and the dates on which contact was made;

  • (d) the sulphur content of the fuel oil that was obtained; and

  • (e) the measures that will be taken to obtain, as soon as feasible, fuel oil that meets the requirements of this Division.

Energy Efficiency

Marginal note:Interpretation

• 116.2 (1) The following definitions apply in this section.

  bulk carrier

  bulk carrier means a vessel that is intended primarily to carry dry cargo in bulk, but does not include combination carriers. (vraquier)

  combination carrier

  combination carrier means a vessel designed to carry liquid or dry cargo in bulk. (transporteur mixte)

  container vessel

  container vessel means a vessel designed exclusively for the carriage of containers. (porte-conteneurs)

  existing vessel

  existing vessel means a vessel that is not a new vessel. (bâtiment existant)

  gas carrier

  gas carrier means a cargo vessel constructed or adapted, and used, for the carriage in bulk of any liquefied gas. (transporteur de gaz)

  general cargo vessel

  general cargo vessel means a vessel with a multi-deck or single deck hull designed primarily for the carriage of general cargo, but does not include livestock carriers, barge carriers, heavy load carriers, yacht carriers or nuclear fuel carriers. (bâtiment pour marchandises diverses)

  new vessel

  new vessel means a vessel

  • (a) for which the building contract is placed after June 30, 2013;

  • (b) that is constructed after June 30, 2013, in the absence of a building contract; or

  • (c) that is delivered 30 months or more after June 30, 2015. (bâtiment neuf)

  refrigerated cargo carrier

  refrigerated cargo carrier means a vessel designed exclusively for the carriage of refrigerated cargoes in holds. (transporteur de cargaisons réfrigérées)

  ro-ro cargo vessel

  ro-ro cargo vessel means a vessel designed for the carriage of cargo transportation units. (bâtiment de charge roulier)

  ro-ro cargo vessel (vehicle carrier)

  ro-ro cargo vessel (vehicle carrier) means a multi-deck ro-ro cargo vessel designed for the carriage of empty cars and trucks. (bâtiment de charge roulier (transporteur de véhicules))

  ro-ro passenger vessel

  ro-ro passenger vessel means a passenger vessel with ro-ro cargo spaces. (bâtiment roulier à passagers)

  tanker

  tanker means a chemical tanker, NLS tanker or oil tanker. (bâtiment-citerne)

• Marginal note:Application

  (2) Subsections (3) and (4) do not apply in respect of

  • (a) a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction or in the Great Lakes and St. Lawrence waters; or

  • (b) a vessel that has a diesel-electric propulsion, turbine propulsion or hybrid propulsion system.

• Marginal note:Attained Energy Efficiency Design Index

  (3) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, passenger vessel, refrigerated cargo carrier, ro-ro cargo vessel, ro-ro cargo vessel (vehicle carrier), ro-ro passenger vessel or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 20 of Annex VI to MARPOL are met if

  • (a) the vessel is a new vessel; or

  • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

• Marginal note:Required Energy Efficiency Design Index

  (4) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, refrigerated cargo carrier or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 21 of Annex VI to MARPOL are met if

  • (a) the vessel is a new vessel; or

  • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

• Marginal note:Waivers

  (5) In the case of a foreign vessel, the requirements of subsections (3) and (4) are subject to the exercise of the power conferred by regulation 19.4 of Annex VI to MARPOL by the government of the state whose flag the vessel is entitled to fly.

SUBDIVISION 2Smoke

Marginal note:Application

• 117 (1) This Subdivision applies only in respect of vessels in Canadian waters within 1 nautical mile from shore.

• Marginal note:Non-application

  (2) This Subdivision does not apply in respect of vessels during the start-up or maintenance of smoke-producing systems.

Marginal note:Density of black smoke

• 118 (1) For the purposes of this section and section 119, the smoke chart to be used in determining the density of black smoke is the Department of Transport Smoke Chart set out in Schedule 3 or a comparable chart on which fine black dots or lines, evenly spaced on a white ground space, are so arranged as to indicate

  • (a) density number 1, by having approximately 20% of the space black;

  • (b) density number 2, by having approximately 40% of the space black;

  • (c) density number 3, by having approximately 60% of the space black;

  • (d) density number 4, by having approximately 80% of the space black; and

  • (e) density number 5, by having approximately 100% of the space black.

• Marginal note:Visual observation

  (2) The density of black smoke is to be determined by visual observation, by

  • (a) holding a smoke chart at arm’s length;

  • (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and

  • (c) matching the shade of the smoke to the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Closest resemblance

  (3) When a determination of the density of black smoke is made in accordance with subsections (1) and (2), the black smoke is considered to be of the density and to have the density number indicated by the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Other smoke

  (4) Smoke that is not black smoke is considered to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

• Definition of black smoke

  (5) In this section, black smoke means smoke that appears black or blackish.