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

DIVISION 9Greywater

Marginal note:Definitions

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

  greywater

  greywater means drainage from sinks, laundry machines, bath tubs, shower-stalls or dishwashers. It does not include sewage, or drainage from machinery spaces or workshop areas. (eaux grises)

  new passenger vessel

  new passenger vessel means

  • (a) a passenger vessel that is constructed on or after the day on which this section comes into force;

  • (b) a passenger vessel that, on or after the day on which this section comes into force, undergoes a conversion that

    • (i) substantially alters the dimensions or carrying capacity of the vessel, or

    • (ii) is intended to substantially prolong the life of the vessel; or

  • (c) a vessel that, on or after the day on which this section comes into force, is converted into a passenger vessel. (bâtiment à passagers neuf)

  release

  release includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (libération)

• Marginal note:Application

  (2) This section applies in respect of vessels in waters under Canadian jurisdiction other than arctic waters.

• Marginal note:Non-application

  (3) This section does not apply in respect of a release of greywater that

  • (a) is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel; or

  • (b) occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers.

• Marginal note:Solids in water and sheen on water prohibited

  (4) The authorized representative of a vessel must ensure that any release of greywater by or from the vessel into the water does not result in the deposit of solids in the water or leave a sheen on the water.

• Marginal note:New passenger vessels

  (5) The authorized representative of a new passenger vessel that is carrying more than 500 passengers must ensure that any release of greywater by or from the vessel into the water

  • (a) is passed through a marine sanitation device that meets the requirements of section 90; or

  • (b) is made at a distance of at least three nautical miles from shore.

• Marginal note:Certificates of type approval

  (6) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of paragraph (5)(a) must keep on board

  • (a) a certificate of type approval

    • (i) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection, and

    • (ii) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number; and

  • (b) a manual that sets out the operational and maintenance procedures for the device.

PART 3Pollutant Discharge Reporting

Marginal note:Vessels in waters under Canadian jurisdiction

• 132 (1) The master of a vessel in waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:Canadian vessels in other waters

  (2) The master of a Canadian vessel in waters that are not waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel of oil, a noxious liquid substance carried in bulk or a marine pollutant that is not carried in bulk if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:When report is to be made

  (3) The master must make the report

  • (a) as soon as a discharge occurs or is anticipated; or

  • (b) as soon as feasible after a discharge occurs or is anticipated, if the master is unable to make the report under paragraph (a) because he or she is involved in activities relating to

    • (i) saving lives,

    • (ii) securing the vessel’s safety or preventing its immediate loss,

    • (iii) preventing or mitigating damage to the vessel or its equipment, or

    • (iv) preventing or mitigating damage to the environment.

• Marginal note:If report not made in accordance with paragraph (3)(a)

  (4) If the authorized representative of a Canadian vessel, or the owner of any other vessel, is not on board the vessel and has knowledge that a report has not been made in accordance with paragraph (3)(a), the authorized representative or owner must make the report immediately.

• Marginal note:Contents of report

  (5) Every report must be made in accordance with sections 2 and 3.1 to 3.3 of the appendix to the Annex to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, IMO Resolution A.851(20), and must include the following information:

  • (a) the identity of every vessel involved;

  • (b) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  • (c) the nature of the discharge or anticipated discharge, including the type and estimated quantity of pollutant involved; and

  • (d) in the case of a discharge, a description of the assistance and salvage measures employed.

• Marginal note:Vessels rendering assistance or undertaking salvage

  (6) The master of a vessel must report the particulars of any action taken in rendering assistance to or undertaking salvage of another vessel whose master is required under subsection (1) or (2) to report a discharge or an anticipated discharge.

• Marginal note:To whom reports are made

  (7) A report required by subsection (1), (2), (4) or (6) must be made to

  • (a) a marine safety inspector or a marine communications and traffic services officer, in the case of a discharge or anticipated discharge in waters under Canadian jurisdiction; or

  • (b) an appropriate official of the nearest coastal state, in the case of a discharge or anticipated discharge from a Canadian vessel in waters that are not waters under Canadian jurisdiction.

• Marginal note:Supplementary reports

  (8) A person who makes a report must, whenever there is further information relating to the incident and essential for the protection of the marine environment, submit to the person to whom the report was made a supplementary report with as much of that information as possible.

• Marginal note:Language

  (9) Despite the requirement in the IMO Resolution referred to in subsection (5) that the languages used in reports include English where language difficulties may exist, a report made to a marine safety inspector or a marine communications and traffic services officer may be made in English or French.

Marginal note:Oil handling facilities

• 133 (1) The operator of an oil handling facility who is required to have an oil pollution emergency plan under paragraph 168(1)(d) of the Act must, as soon as feasible,

  • (a) report any discharge or anticipated discharge of oil to the federal emergency telephone number identified in the oil pollution emergency plan; and

  • (b) report in writing any discharge or anticipated discharge of oil to the Department of Transport Marine Safety Office nearest to the facility.

• Marginal note:Contents of report

  (2) The report must include the following information:

  • (a) the identity of any vessel involved;

  • (b) the name and address of the oil handling facility;

  • (c) the name and position of the person who is responsible for implementing and coordinating the oil pollution emergency plan;

  • (d) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  • (e) the nature of the discharge or anticipated discharge, including the type and estimated quantity of oil involved;

  • (f) a description of the response actions to be taken;

  • (g) on-scene conditions; and

  • (h) any other relevant information.

PART 4Consequential Amendment, Repeals and Coming into Force

Consequential Amendment to the Vessel Clearance Regulations

134 [Amendment]

Repeals

135 [Repeal]

136 [Repeal]

Coming into Force

Marginal note:Registration date

137 These Regulations come into force on the day on which they are registered.