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

Requirements for Other Oil Tankers

Marginal note:Application

• 46 (1) This section applies in respect of any oil tanker in respect of which sections 43 to 45 do not apply.

• Marginal note:Non-application

  (2) This section does not apply in respect of

  • (a) 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; or

  • (b) an oil tanker that does not have mechanical means of propulsion and

    • (i) is of less than 2 000 gross tonnage,

    • (ii) has no cargo tanks that exceed 200 m³ capacity, and

    • (iii) engages only on voyages on

      • (A) the Mackenzie River,

      • (B) the waters contiguous to the Mackenzie River that are not within shipping safety control zone 12, or

      • (C) the rivers, streams or lakes that feed into the Mackenzie River.

• Marginal note:Oil tankers of less than 5 000 gross tonnage

  (3) The authorized representative of an oil tanker of less than 5 000 gross tonnage must ensure that it has a double hull or a double containment system determined by the Minister to be as effective as a double hull for the prevention of a discharge of oil. However, this requirement does not apply before January 1, 2015.

• Marginal note:Oil tankers of 5 000 gross tonnage or more

  (4) The authorized representative of an oil tanker of 5 000 gross tonnage or more must ensure that it meets the requirements of subsection 43(2).

• Marginal note:Non-application

  (5) Subsection (4) does not apply before January 1, 2015 in respect of an oil tanker that has either double sides or double bottoms that are contiguous with cargo spaces and meet the applicable design and construction requirements of regulation 19.3 or 19.4, as the case may be, of Annex I to MARPOL, and

  • (a) is of less than 30 000 gross tonnage and less than 30 years of age; or

  • (b) is of 30 000 gross tonnage or more and less than 28 years of age.

• Marginal note:Age

  (6) For the purposes of subsection (5), the age of an oil tanker is determined from the later of

  • (a) the day on which it is first delivered, and

  • (b) the day on which a major conversion is completed, if the conversion is completed before July 6, 1996.

Oil Barges

Marginal note:Height of double bottom

47 Despite paragraph 43(2)(a), subsection 45(3), paragraph 45(4)(b) and subsection 46(4), in the case of an oil tanker that is a Canadian vessel of less than 5 000 tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land, the height of its double bottom must in no location be less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL.

SUBDIVISION 8Exemptions and Equivalents

Marginal note:Board

• 48 (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3 and 5 of Annex I to MARPOL.

• Marginal note:Foreign governments

  (2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulations 3 and 5 of Annex I to MARPOL by the government of the state whose flag the vessel is entitled to fly.

DIVISION 2Noxious Liquid Substances and Dangerous Chemicals

SUBDIVISION 1General

Marginal note:Limited application — foreign vessels

49 This Division applies in respect of foreign vessels in waters in the exclusive economic zone of Canada only in respect of pollution.

Marginal note:Liquid substances

• 50 (1) The authorized representative and the master of a vessel must ensure that the vessel does not carry a liquid substance in bulk unless the substance

  • (a) is listed in chapter 17 or 18 of the IBC Code; or

  • (b) is provisionally assessed under regulation 6.3 of Annex II to MARPOL.

• Marginal note:Non-application to oil

  (2) Subsection (1) does not apply in respect of oil.

SUBDIVISION 2Construction and Equipment

Marginal note:Plans and specifications

51 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.

Marginal note:NLS tankers — Annex II to MARPOL

• 52 (1) The authorized representative of an NLS tanker must ensure that

  • (a) the requirements of regulation 12 of Annex II to MARPOL relating to the pumping, piping and unloading arrangements, the location and size of underwater discharge outlets, and the slop tanks or other arrangements are met; and

  • (b) if the tanker uses ventilation procedures referred to in regulation 13.3 of Annex II to MARPOL to remove cargo residues from a tank, the tanker has ventilation equipment that can produce an air jet that reaches the tank bottom.

• Marginal note:IBC Code

  (2) Any of the following vessels that were constructed on or after July 1, 1986, or that are Canadian vessels that were constructed before that date and first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the IBC Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:BCH Code

  (3) Any of the following vessels that were constructed before July 1, 1986, other than Canadian vessels that were first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the BCH Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:Interpretation

  (4) For the purposes of subsections (2) and (3), a vessel converted to a chemical tanker, irrespective of the date of its construction, is considered to be a chemical tanker constructed on the date on which the conversion commenced unless the vessel

  • (a) was constructed before July 1, 1986; and

  • (b) was, when the conversion commenced, certified under the BCH Code to carry only those products identified by the Code as substances with pollution hazards only.

• Marginal note:Offshore support vessels

  (5) Offshore support vessels may meet the applicable design, construction, equipment and systems requirements of Resolution A.673(16) instead of the requirements referred to in subsection (2) or (3).

Marginal note:Containers or enclosed deck areas — NLS tankers

• 53 (1) The authorized representative of an NLS tanker must ensure that each noxious liquid substance cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  • (a) can retain noxious liquid substances that might leak or spill during transfer operations;

  • (b) has a means for the removal of the noxious liquid substances retained in it; and

  • (c) does not adversely affect the stability of the tanker or the safety of its crew.

• Marginal note:Volume

  (2) If the largest conduit serving a noxious liquid substance cargo manifold or a cargo transfer connection point on an NLS tanker has an inside diameter set out in column 1 of the table to subsection 15(2), the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

SUBDIVISION 3Certificates, Endorsements and Inspections

Marginal note:Issuance

• 54 (1) On application by the authorized representative of a Canadian vessel and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue

  • (a) a Canadian Noxious Liquid Substance Certificate to the vessel if the applicable requirements of this Division are met;

  • (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the vessel if the applicable requirements of Annex II to MARPOL are met;

  • (c) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the IBC Code are met;

  • (d) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the BCH Code are met; or

  • (e) a Certificate of Fitness for an Offshore Support Vessel to the vessel if the applicable requirements of Resolution A.673(16) are met.

• Marginal note:Conditions

  (2) The Minister must, on the basis of the applicable requirements that are met, specify on the certificates issued under subsection (1) the particular substances or products that the vessel is certified to carry.

Marginal note:Endorsement of Canadian NLS certificates

• 55 (1) The authorized representative of a vessel that holds a Canadian Noxious Liquid Substance Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

• 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:Non-application

  (7) Subsection (6) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 4Shipboard Documents

Marginal note:Certificates

• 56 (1) Every NLS tanker and every chemical tanker must hold and keep on board

  • (a) a Canadian Noxious Liquid Substance Certificate, if the tanker is a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk that is in the form set out in appendix 3 to Annex II to MARPOL, if the tanker

    • (i) is a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (c) a certificate of compliance certifying that the tanker meets the applicable requirements of Annex II to MARPOL, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (d) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk that is in the form set out in the IBC Code or the BCH Code, as the case may be, if the tanker

    • (i) is a Canadian vessel that carries dangerous chemicals in bulk, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries dangerous chemicals in bulk; or

  • (e) a certificate of compliance certifying that the tanker meets the applicable requirements of the IBC Code or the BCH Code, as the case may be, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries dangerous chemicals in bulk.

• Marginal note:Offshore support vessels

  (2) An offshore support vessel may hold and keep on board a Certificate of Fitness for an Offshore Support Vessel instead of a Certificate required by subsection (1).

• Marginal note:Procedures and arrangements manual

  (3) Every NLS tanker must keep on board a procedures and arrangements manual that meets the requirements of regulation 14 of Annex II to MARPOL. In the case of a Canadian vessel, the expression “the requirements of this Annex” in regulation 14.2 of that Annex includes the requirements of section 67.

• Marginal note:IBC or BCH Codes

  (4) Every chemical tanker must keep on board the IBC Code or the BCH Code, as the case may be.

Marginal note:Emergency plan

• 57 (1) Subject to subsection (2), an NLS tanker of 150 gross tonnage or more must keep on board a shipboard marine pollution emergency plan for noxious liquid substances that meets the requirements of regulation 17.2 of Annex II to MARPOL.

• Marginal note:Exception

  (2) If subsection 27(1) applies, the shipboard marine pollution emergency plan for noxious liquid substances may be combined with the shipboard oil pollution emergency plan, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

SUBDIVISION 5Notices

Marginal note:Display

58 The master of an NLS tanker or chemical tanker must ensure that

• (a) permanent notices are displayed in conspicuous places on board, indicating the areas in which smoking and naked lights are prohibited;

• (b) while the tanker is in a port, the following notices are displayed near every access to the tanker, as appropriate:

  • (i) “NO NAKED LIGHTS / PAS DE FLAMMES NUES”,

  • (ii) “NO SMOKING / DÉFENSE DE FUMER”, and

  • (iii) “NO UNAUTHORIZED PERSONS / ACCÈS INTERDIT AUX PERSONNES NON AUTORISÉES”; and

• (c) while the tanker is in a port and the cargo being handled presents a health hazard, the notice “WARNING HAZARDOUS CHEMICALS / ATTENTION PRODUITS CHIMIQUES DANGEREUX” is displayed near every access to the tanker.