Ballast Water Control and Management Regulations
SOR/2006-129
CANADA SHIPPING ACT
Registration 2006-06-08
Ballast Water Control and Management Regulations
P.C. 2006-495 2006-06-08
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to section 657.1Footnote a of the Canada Shipping Act, hereby makes the annexed Ballast Water Control and Management Regulations.
Return to footnote aS.C. 1998, c. 16, s. 18
Interpretation
1 The following definitions apply in these Regulations.
- ballast water
ballast water means water with its suspended matter taken on board a ship to control the trim, list, draught, stability and stresses of the ship, and includes the sediment settled out of the ballast water within a ship. (eau de ballast)
- ballast water capacity
ballast water capacity means the total volumetric capacity of the tanks, spaces or compartments on a ship used for carrying, loading or discharging ballast water, including any multi-use tank, space or compartment designed to allow the carriage of ballast water. (capacité en eau de ballast)
- ballast water system
ballast water system means the tanks, spaces or compartments on a ship used for carrying, loading or discharging ballast water, including any multi-use tank, space or compartment designed to allow the carriage of ballast water, as well as the piping and pumps. (système d’eau de ballast)
- Great Lakes Basin
Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montréal in the Province of Quebec. (bassin des Grands Lacs)
- harmful aquatic organisms or pathogens
harmful aquatic organisms or pathogens means aquatic organisms or pathogens that, if introduced into the sea, including estuaries, or into fresh water courses, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters. (agents pathogènes ou organismes aquatiques nuisibles)
- reception facility
reception facility means a facility that is capable of receiving, storing, processing or transhipping ballast water or sediment in a manner that reduces the likelihood of harmful aquatic organisms or pathogens being introduced into waters under Canadian jurisdiction. (installation de réception)
- TP 13617
TP 13617 means the document entitled A Guide to Canada’s Ballast Water Control and Management Regulations, published by the Department of Transport in May, 2006, as amended from time to time. (TP 13617)
- waters under Canadian jurisdiction
waters under Canadian jurisdiction means Canadian waters and waters in the exclusive economic zone of Canada, including a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act. (eaux de compétence canadienne)
Application
2 (1) These Regulations apply to every ship in waters under Canadian jurisdiction that is designed or constructed to carry ballast water, unless
(a) the ship operates exclusively in waters under Canadian jurisdiction; or
(b) the ship operates in the United States waters of the Great Lakes Basin or the French waters of the islands of Saint Pierre and Miquelon when it operates in waters outside Canadian jurisdiction.
(2) These Regulations do not apply to
(a) ships used for search and rescue operations or pleasure craft that are less than 50 m in overall length and that have a maximum ballast water capacity of 8 m3;
(b) ships that carry permanent ballast water in sealed tanks such that it is not subject to discharge; or
(c) ships that are owned or operated by a state and used in government non-commercial service.
Compliance
3 The owner of a ship and the master of a ship shall ensure that the requirements set out in sections 4 to 10 and 13 are met.
Ballast Water Management
4 (1) For the purposes of this section, a ship manages ballast water if it employs, either separately or in combination, the following management processes:
(a) the exchange of ballast water;
(b) the treatment of ballast water;
(c) the discharge of ballast water to a reception facility; and
(d) the retention of ballast water on board the ship.
(2) A ship carrying ballast water taken on board the ship outside waters under Canadian jurisdiction shall manage the ballast water in accordance with these Regulations in order to
(a) minimize both the uptake of harmful aquatic organisms or pathogens within the ballast water and their discharge with the ballast water into waters under Canadian jurisdiction; or
(b) remove or render harmless harmful aquatic organisms or pathogens within the ballast water.
(3) A ship shall manage ballast water taken on board the ship in waters under Canadian jurisdiction, in the United States waters of the Great Lakes Basin or in the French waters of the islands of Saint Pierre and Miquelon if the ballast water is mixed with other ballast water that was taken on board the ship outside waters under Canadian jurisdiction and that was not previously subjected to a management process set out in paragraph (1)(a) or (b).
(4) It is not necessary to manage ballast water if the ship operates exclusively
(a) between ports, offshore terminals or anchorage areas situated on the west coast of North America north of Cape Blanco; or
(b) between ports, offshore terminals or anchorage areas situated on the east coast of North America north of Cape Cod and ports, offshore terminals or anchorage areas situated
(i) in the Bay of Fundy,
(ii) on the east coast of Nova Scotia, or
(iii) on the south or east coast of the island of Newfoundland.
(5) It is not necessary to manage ballast water if one of the following emergency situations occurs:
(a) the discharge or uptake of ballast water is necessary for the purpose of ensuring the safety of the ship in emergency situations or saving life at sea;
(b) the discharge or uptake of ballast water is necessary for the purpose of avoiding or minimizing the discharge of a pollutant from the ship; or
(c) the accidental ingress or discharge of ballast water results from damage to the ship or its equipment that was not caused by a wilful or reckless act of the owner or officer in charge and all reasonable precautions are taken before and after the occurrence of the damage or discovery of the damage for the purpose of preventing or minimizing the ingress or discharge.
5 (1) A ship on a voyage to the Great Lakes Basin that carries only residual amounts of ballast water that were taken on board the ship outside waters under Canadian jurisdiction and were not previously subjected to a management process set out in paragraph 4(1)(a) or (b) is not required to comply with subsection 4(3) if the ship
(a) complies with sections 1, 2, 6 and 7 of the Code of Best Practices for Ballast Water Management, published by the Shipping Federation of Canada on September 28, 2000, while the ship operates in waters under Canadian jurisdiction in the Great Lakes Basin; or
(b) conducts a saltwater flushing of ballast water tanks that contain the residual amounts of ballast water in an area at least 200 nautical miles from shore before entering waters under Canadian jurisdiction.
(2) For the purposes of paragraph (1)(b), a saltwater flushing means the addition of mid-ocean water to ballast water tanks that contain the residual amounts of ballast water, the mixing of the flush water with the residual water and sediment in the tanks through the motion of the ship and the discharge of the mixed water so that the salinity of the resulting residual ballast water in the tanks exceeds 30 parts per thousand or is as close to 30 parts per thousand as possible.
(3) A ship that complies with the requirements of subsection (1) shall carry on board the ship for at least 24 months a record that demonstrates compliance with those requirements.
Ballast Water Exchange — Transoceanic Navigation
6 (1) This section applies in respect of a ship that exchanges ballast water and, during the course of its voyage, navigates more than 200 nautical miles from shore where the water depth is at least 2000 m.
(2) The ship shall not discharge ballast water that is taken on board the ship outside of waters under Canadian jurisdiction in waters under Canadian jurisdiction unless the ship conducts an exchange before entering Canadian waters in an area situated at least 200 nautical miles from shore where the water depth is at least 2000 m.
(3) If the ship is on a voyage to a port, offshore terminal or anchorage area in the Great Lakes Basin, St. Lawrence River or Gulf of St. Lawrence and cannot comply with subsection (2) because it would compromise the stability of the ship or the safety of the ship or of persons on board, the ship shall notify the Minister of Transport as soon as possible. After doing so, the ship may, beginning on December 1 and ending on May 1, conduct an exchange in the Laurentian Channel east of 63° west longitude where the water depth is at least 300 m.
(4) If the ship cannot comply with subsection (2) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in the following areas in waters under Canadian jurisdiction:
(a) in respect of a voyage to a port, offshore terminal or anchorage area on the east coast of Canada, an area south of 43°30′ north latitude where the water depth is at least 1000 m;
(b) in respect of a voyage to a port, offshore terminal or anchorage area on the west coast of Canada, an area at least 50 nautical miles west of Vancouver Island and the Queen Charlotte Islands and at least 50 nautical miles west of a line extending from Cape Scott to Cape St. James where the water depth is at least 500 m, with the exception of waters within 50 nautical miles of the Bowie Seamount (53°18′ north latitude and 135°40′ west longitude);
(c) in respect of a voyage to a port, offshore terminal or anchorage area in Hudson Bay, an area in Hudson Strait east of 70° west longitude where the water depth is at least 300 m; and
(d) in respect of a voyage to a port, offshore terminal or anchorage area in the Higher Arctic, an area in Lancaster Sound east of 80° west longitude where the water depth is at least 300 m.
(5) If the ship is on a voyage to a port, offshore terminal or anchorage area on the west coast of Canada and cannot comply with paragraph (4)(b) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in an area at least 45 nautical miles west of Vancouver Island and the Queen Charlotte Islands and at least 45 nautical miles west of a line extending from Cape Scott to Cape St. James where the water depth is at least 500 m, with the exception of waters within 50 nautical miles of the Bowie Seamount (53°18′ north latitude and 135°40′ west longitude).
Ballast Water Exchange — Non-transoceanic Navigation
7 (1) This section applies in respect of a ship that exchanges ballast water and does not, during the course of its voyage, navigate more than 200 nautical miles from shore where the water depth is at least 2000 m.
(2) The ship shall not discharge ballast water that is taken on board the ship outside of waters under Canadian jurisdiction in waters under Canadian jurisdiction unless the ship conducts an exchange before entering Canadian waters in an area situated at least 50 nautical miles from shore where the water depth is at least 500 m.
(3) If the ship cannot comply with subsection (2) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in the following areas in waters under Canadian jurisdiction:
(a) in respect of a voyage along the east coast of North America, an area south of 43°30′ north latitude where the water depth is at least 1000 m;
(b) in respect of a voyage along the west coast of North America, an area situated at least 50 nautical miles west of Vancouver Island and the Queen Charlotte Islands and at least 50 nautical miles west of a line extending from Cape Scott to Cape St. James where the water depth is at least 500 m, with the exception of waters within 50 nautical miles of the Bowie Seamount (53°18′ north latitude and 135°40′ west longitude);
(c) in respect of a voyage to a port, offshore terminal or anchorage area in Hudson Bay, an area in Hudson Strait east of 70° west longitude where the water depth is at least 300 m; and
(d) in respect of a voyage to a port, offshore terminal or anchorage area in the Higher Arctic, an area in Lancaster Sound east of 80° west longitude where the water depth is at least 300 m.
Ballast Water Exchange Standard
8 (1) A measurement of volumetric exchange or ballast water salinity does not include the sediment that has settled out of ballast water within a ship.
(2) A ship that exchanges ballast water shall attain
(a) an efficiency of at least 95 per cent volumetric exchange; and
(b) a ballast water salinity of at least 30 parts per thousand, if the exchange of ballast water is conducted in an area not less than 50 nautical miles from shore.
(3) In the case of a ship that exchanges ballast water through flow-through exchange, pumping through three times the volume of each ballast tank shall constitute 95 per cent volumetric exchange, unless the ship provides evidence in its ballast water management plan that pumping through less than three times that volume achieves 95 per cent volumetric exchange.
Ballast Water Treatment Standard
9 A ship that treats ballast water shall attain, after the treatment, ballast water having a viable organism and indicator microbe content less than the following concentrations:
(a) 10 viable organisms per cubic metre greater than or equal to 50 µ in minimum dimension;
(b) 10 viable organisms per millilitre less than 50 µ and greater than or equal to 10 µ in minimum dimension;
(c) one colony-forming unit (cfu) of toxicogenic Vibrio cholerae (O1 and O139) per 100 mL or one cfu per 1 g (wet weight) zooplankton samples;
(d) 250 cfu of Escherichia coli per 100 mL; and
(e) 100 cfu of intestinal enterococci per 100 mL.
Sediment Disposal
10 (1) A ship shall not discharge into waters under Canadian jurisdiction sediment that has settled out of ballast water and comes from the routine cleaning of spaces used to carry ballast water taken on board the ship outside of waters under Canadian jurisdiction.
(2) The ship may carry out the disposal of the sediment at a reception facility.
Ballast Water Management Plan
11 (1) Effective six months after the day on which these Regulations come into force, the owner of a ship shall ensure that the ship carries on board and implements a ballast water management plan setting out safe and effective procedures for ballast water management and containing at least the following:
(a) a detailed description of the ballast water management processes that the ship must use;
(b) a detailed description of the safety procedures that the crew and the ship must follow with respect to ballast water management;
(c) a detailed description of the procedures that the crew must follow with respect to satisfying the requirements of these Regulations and implementing the ballast water management plan;
(d) a detailed description of the procedures that the crew must follow for the disposal, at sea or on land, of sediment resulting from the routine cleaning of the spaces used to carry ballast water; and
(e) a detailed description of the procedures that the crew must follow for co-ordinating ballast water management with Canadian authorities.
(2) The ballast water management plan shall also include the following:
(a) a detailed description of the ballast water system, including the design specifications;
(b) for ships that exchange ballast water through flow-through exchange, evidence of the stability of the tank boundary structure in cases where the tank head is equivalent to the full distance to the top of the overflow;
(c) for ships that exchange ballast water through sequential exchange, a list of the exchange sequences that take account of the strength, stability, minimum draught forward and propeller immersion, as well as a list of solutions to the problems of sloshing, slamming and ballast inertia;
(d) a description of the operational limits, such as wave height for various speeds and headings, for the safe and effective management of ballast water;
(e) an identification of the officer on board who is responsible for implementing the plan; and
(f) the ballast water reporting form and requirements respecting its delivery, as well as the reporting requirements applicable to the ship under the laws of other jurisdictions.
12 (1) Effective six months after the day on which these Regulations come into force, the owner of a Canadian ship or a ship that could be registered under Part I of the Canada Shipping Act shall submit four copies of its ballast water management plan to the Board.
(2) If any change is made to the ship or its operations that affects its ballast water management plan, four copies of an amended ballast water management plan shall, as soon as possible, be submitted to the Board.
Exceptional Circumstances
13 (1) If a ship that is required to manage ballast water in accordance with subsection 4(2) or (3) or a ship that is not required to manage ballast water in accordance with section 5 cannot comply with these Regulations or its ballast water management plan because of an equipment failure or because it would compromise the stability of the ship or the safety of the ship or of persons on board, the ship shall notify the Minister of Transport at least 96 hours before entry into the territorial sea and provide updates on the status of the situation in the manner provided in section 5.1 of TP 13617.
(2) Despite subsection (1), a ship that is unable to give 96 hours’ notice before entry into the territorial sea shall notify the Minister of Transport as soon as it becomes possible to do so.
(3) After being notified, the Minister of Transport shall, in consultation with the master of the ship, determine the measures that, without compromising the safety of the ship or of persons on board, would reduce as much as practicable the likelihood of the introduction of harmful aquatic organisms or pathogens into waters under Canadian jurisdiction.
(4) In determining the measures that should be implemented, the Minister of Transport shall take the following criteria into account:
(a) the information provided to the Minister of Transport by the master of the ship respecting the nature of the ballast water it is carrying, including its origin and the operations previously performed on the ballast water on board the ship;
(b) possible operations that would, taking into account prevailing sea conditions, remove or render harmless harmful aquatic organisms and pathogens within the ballast water taken onto the ship outside waters under Canadian jurisdiction or that would minimize their uptake in that ballast water or their discharge with that ballast water into waters under Canadian jurisdiction;
(c) the feasibility of implementing the possible operations, taking into account their compatibility with the design and operation of the ship; and
(d) the consequences of the possible operations on the safety of the ship and of persons on board.
(5) The ship shall implement the measures determined by the Minister of Transport, which shall include one or more of the following:
(a) the retention of some or all of the ballast water on board the ship while it is in waters under Canadian jurisdiction;
(b) the exchange of the ballast water or a portion of it in the location indicated, using the procedures specified;
(c) the discharge of the ballast water or a portion of it in the location indicated, using the procedures specified; and
(d) the treatment of the ballast water or a portion of it on board the ship in accordance with a specified method.
(6) The ship shall provide all reasonable assistance that the Minister of Transport may request.
Reporting
14 (1) The master of a ship bound for a port, offshore terminal or anchorage area in Canada shall submit to the Minister of Transport a completed Ballast Water Reporting Form in the manner provided in section 5.2 of TP 13617 as soon as possible after a management process is performed or a measure determined by the Minister is implemented.
(2) A copy of every submitted Ballast Water Reporting Form shall be carried on board the ship for 24 months after it is submitted.
Coming into Force
15 These Regulations come into force on the day on which they are registered.
- Date modified: