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Ballast Water Control and Management Regulations (SOR/2011-237)

Regulations are current to 2020-01-27 and last amended on 2017-02-13. Previous Versions

Ballast Water Control and Management Regulations

SOR/2011-237

CANADA SHIPPING ACT, 2001

Registration 2011-10-27

Ballast Water Control and Management Regulations

P.C. 2011-1268 2011-10-27

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources, pursuant to subsection 35(1)Footnote a and section 190 of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Ballast Water Control and Management Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

ballast water capacity

ballast water capacity means the total volumetric capacity of the tanks, spaces or compartments on a vessel that are used for carrying, loading or releasing 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 vessel that are used for carrying, loading or releasing 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 Great Lakes, their connecting and tributary waters, and the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montréal, Quebec. (bassin des Grands Lacs)

harmful aquatic organisms or pathogens

harmful aquatic organisms or pathogens means aquatic organisms or pathogens that, if introduced into waters under Canadian jurisdiction, 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)

release

release, in respect of ballast water, includes leakage, pumping, pouring, emptying, dumping, spraying or placing. (déversement)

residual amounts

residual amounts means the quantity of ballast water that remains in a ballast water system after all efforts have been made to empty the system. (quantité résiduelle)

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. (eaux de compétence canadienne)

  • SOR/2017-20, s. 1

Application

Marginal note:Application of Regulations

  •  (1) These Regulations apply in respect of the following vessels if they are designed or constructed to carry ballast water:

    • (a) Canadian vessels everywhere; and

    • (b) vessels that are not Canadian vessels and are in waters under Canadian jurisdiction.

  • Marginal note:Oil and gas operations

    (2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas except when the vessel is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas, as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

  • Marginal note:Exceptions

    (3) These Regulations do not apply in respect of

    • (a) vessels that operate exclusively in waters under Canadian jurisdiction;

    • (b) vessels that operate exclusively in waters under Canadian jurisdiction and in the United States waters of the Great Lakes Basin or the French waters of the islands of Saint Pierre and Miquelon;

    • (c) vessels engaged in search and rescue operations that are less than 50 m in overall length and that have a maximum ballast water capacity of 8 m3;

    • (d) pleasure craft that are less than 50 m in overall length and that have a maximum ballast water capacity of 8 m3;

    • (e) vessels that carry permanent ballast water in sealed tanks such that it is not subject to release; or

    • (f) vessels that are owned or operated by a state and used only in government non-commercial service.

  • SOR/2017-20, s. 2(F)

Compliance

Marginal note:Responsible persons

 The following persons must ensure that the requirements of sections 4 to 10 are met:

  • (a) the authorized representative and the master of a Canadian vessel;

  • (b) the authorized representative of a foreign vessel; and

  • (c) the owner and the operator of a pleasure craft.

Ballast Water Management

Marginal note:Management processes

  •  (1) For the purposes of this section and section 5, ballast water is managed if one or more of the following management processes are employed:

    • (a) the ballast water is exchanged;

    • (b) the ballast water is treated;

    • (c) the ballast water or any sediment that has settled out of it in the vessel’s tanks is transferred to a reception facility; and

    • (d) the ballast water is retained on board the vessel.

  • Marginal note:Ballast water from outside Canada

    (2) Ballast water that is taken on board a vessel outside waters under Canadian jurisdiction must be managed in order to

    • (a) minimize both the introduction of harmful aquatic organisms or pathogens into the ballast water and their release with the ballast water into waters under Canadian jurisdiction; or

    • (b) remove or render harmless harmful aquatic organisms or pathogens within the ballast water.

  • Marginal note:Exception — similar waters

    (3) Ballast water that is taken on board a vessel in the United States waters of the Great Lakes Basin or in the French waters of the islands of Saint Pierre and Miquelon need not be managed unless it is mixed with other ballast water that was taken on board the vessel in any other area outside waters under Canadian jurisdiction and was not previously subjected to a management process set out in paragraph (1)(a) or (b).

  • Marginal note:Exceptions — areas of exclusive operation

    (4) A vessel need not manage ballast water if the vessel operates exclusively

    • (a) between ports, offshore terminals and anchorage areas on the west coast of North America north of Cape Blanco; or

    • (b) between ports, offshore terminals and anchorage areas on the east coast of North America north of Cape Cod and ports, offshore terminals and anchorage areas in the Bay of Fundy, on the east coast of Nova Scotia, or on the south or east coast of the island of Newfoundland.

  • Marginal note:Exceptions — emergencies

    (5) Ballast water need not be managed if one of the following emergency situations occurs:

    • (a) the uptake or release of ballast water is necessary for the purpose of ensuring the safety of the vessel in an emergency situation or saving life at sea;

    • (b) the uptake or release of ballast water is necessary for the purpose of avoiding or minimizing the discharge of a pollutant from the vessel; or

    • (c) the ingress or release of ballast water 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.

  • SOR/2017-20, s. 3

Marginal note:Residual amounts

  •  (1) This section applies in respect of a vessel that is on a voyage to the Great Lakes Basin and carries only residual amounts of ballast water that was taken on board the vessel outside waters under Canadian jurisdiction — other than the United States waters of the Great Lakes Basin or the French waters of the islands of Saint Pierre and Miquelon — and that was not previously subjected to a management process set out in paragraph 4(1)(a) or (b).

  • Marginal note:Exception

    (2) The residual amounts of ballast water need not be managed if

    • (a) the requirements of 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, are met while the vessel operates in waters under Canadian jurisdiction in the Great Lakes Basin; or

    • (b) a saltwater flushing of the ballast water tanks that contain the residual amounts of ballast water is conducted in an area at least 200 nautical miles from shore before the vessel enters waters under Canadian jurisdiction.

  • Marginal note:Saltwater flushing

    (3) For the purposes of paragraph (2)(b), saltwater flushing means, in the following order,

    • (a) the addition of mid-ocean water to the ballast water tanks that contain the residual amounts of ballast water;

    • (b) the mixing, through the motion of the vessel, of the water added under paragraph (a) with the residual amounts of ballast water and any sediment that has settled out of them in the tanks; and

    • (c) the release of the waters mixed under paragraph (b) so that the salinity of the resulting residual ballast water in the tanks exceeds 30 parts per thousand or is as close as possible to 30 parts per thousand.

  • Marginal note:Record

    (4) If the exception set out in subsection (2) is taken advantage of in respect of a vessel, a record of compliance with paragraph (2)(a) or (b) must be carried on board the vessel for at least 24 months.

  • SOR/2017-20, s. 4(F)
 
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