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

Regulations are current to 2019-08-28 and last amended on 2017-02-13. Previous Versions

Ballast Water Exchange — Transoceanic Navigation

Marginal note:Application

  •  (1) This section applies in respect of a vessel 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 2 000 m.

  • Marginal note:Exchange areas

    (2) Ballast water that is taken on board a vessel outside waters under Canadian jurisdiction must not be released in waters under Canadian jurisdiction unless an exchange is conducted, before the vessel enters those waters, in an area at least 200 nautical miles from shore where the water depth is at least 2 000 m.

  • Marginal note:Exception — Laurentian Channel

    (3) If, in respect of a voyage to a port, offshore terminal or anchorage area in the Great Lakes Basin, St. Lawrence River or Gulf of St. Lawrence, the requirements of subsection (2) cannot be met because doing so would compromise the stability or safety of the vessel or the safety of persons on board the vessel, the Minister must be notified as soon as possible. After notice is provided, an exchange may be conducted, beginning on December 1 and ending on May 1, in an area in the Laurentian Channel east of 63° west longitude where the water depth is at least 300 m.

  • Marginal note:Alternative exchange areas

    (4) If the requirements of subsection (2) cannot be met because doing so is infeasible or would compromise the stability or safety of the vessel or the safety of persons on board the vessel, an exchange may be conducted 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 1 000 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 High Arctic, an area in Lancaster Sound east of 80° west longitude where the water depth is at least 300 m.

  • Marginal note:Exception — west coast

    (5) If, in respect of a voyage to a port, offshore terminal or anchorage area on the west coast of Canada, the requirements of paragraph (4)(b) cannot be met because doing so is infeasible or would compromise the stability or safety of the vessel or the safety of persons on board the vessel, an exchange may be conducted 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).

  • SOR/2017-20, s. 5(F)

Ballast Water Exchange — Non-transoceanic Navigation

Marginal note:Application

  •  (1) This section applies in respect of a vessel 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 2 000 m.

  • Marginal note:Exchange areas

    (2) Ballast water that is taken on board a vessel outside waters under Canadian jurisdiction must not be released in waters under Canadian jurisdiction unless an exchange is conducted, before the vessel enters those waters, in an area at least 50 nautical miles from shore where the water depth is at least 500 m.

  • Marginal note:Alternative exchange areas

    (3) If the requirements of subsection (2) cannot be met because doing so is infeasible or would compromise the stability or safety of the vessel or the safety of persons on board the vessel, an exchange may be conducted 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 1 000 m;

    • (b) in respect of a voyage along the west coast of North America, 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 High Arctic, an area in Lancaster Sound east of 80° west longitude where the water depth is at least 300 m.

  • SOR/2017-20, s. 6(F)

Ballast Water Exchange and Treatment Standards

Marginal note:Measurements

  •  (1) A measurement of volumetric exchange or ballast water salinity does not include sediment that has settled out of ballast water within a vessel.

  • Marginal note:Exchange standards

    (2) A ballast water exchange must achieve

    • (a) at least 95% 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.

  • Marginal note:Exception — flow-through exchange

    (3) In the case of a vessel that exchanges ballast water through flow-through exchange, pumping through three times the volume of each ballast tank is considered to meet the requirements of paragraph (2)(a).

Marginal note:Treatment standards

 Ballast water that is treated must attain a viable organism and indicator microbe content less than the following concentrations:

  • (a) 10 viable organisms per cubic metre, for organisms with a minimum dimension equal to or greater than 50 µ;

  • (b) 10 viable organisms per millilitre, for organisms with a minimum dimension equal to or greater than 10 µ but less than 50 µ;

  • (c) one colony-forming unit (cfu) of toxicogenic Vibrio cholerae (O1 and O139) per 100 mL or one cfu of that microbe per gram (wet weight) of zooplankton samples;

  • (d) 250 cfu of Escherichia coli per 100 mL; and

  • (e) 100 cfu of intestinal enterococci per 100 mL.

Sediment Disposal

Marginal note:Release of sediment

  •  (1) Sediment that has settled out of ballast water and that results from the routine cleaning of spaces used to carry ballast water taken on board a vessel outside waters under Canadian jurisdiction must not be released into waters under Canadian jurisdiction.

  • Marginal note:Reception facilities

    (2) Disposal of the sediment may be carried out at a reception facility.

  • SOR/2017-20, s. 7(F)

Ballast Water Management Plan

Marginal note:Duty to carry on board and carry out

  •  (1) The authorized representative of a Canadian vessel or a foreign vessel and the owner and the operator of a pleasure craft must ensure that

    • (a) a ballast water management plan that meets the requirements of subsections (2) and (3) is carried on board; and

    • (b) the processes and procedures in the plan are carried out.

  • Marginal note:Contents — processes and procedures

    (2) The plan must set out the processes and procedures for the safe and effective management of ballast water, and must contain at least the following:

    • (a) a detailed description of the ballast water management processes that the vessel must use;

    • (b) a detailed description of the procedures that the crew must follow in order to carry out the ballast water management processes and to meet the requirements of these Regulations;

    • (c) a detailed description of the safety procedures that the crew and the vessel must follow;

    • (d) a detailed description of the procedures for the disposal of sediment resulting from the routine cleaning of spaces used to carry ballast water;

    • (e) in the case of ballast water management that involves release, a description of the procedures for coordinating it with Canadian authorities or, in the case of a Canadian vessel in the waters of a foreign state, the authorities of that state; and

    • (f) the procedures for completing and submitting the Ballast Water Reporting Form, as well as procedures for meeting the ballast water reporting requirements applicable to the vessel under the laws of other states.

  • Marginal note:Additional contents

    (3) The plan must also include the following:

    • (a) detailed description of the ballast water system, including the design specifications;

    • (b) for vessels 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 vessels that exchange ballast water through sequential exchange, a list of the exchange sequences that take account of the vessel’s 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 acceptable wave height for various speeds and headings, for the safe and effective management of ballast water; and

    • (e) an identification of the officer on board who is responsible for ensuring that the processes and procedures referred to in subsection (2) are carried out.

  • SOR/2017-20, s. 8(F)
 
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