Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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 Management Plan (continued)

Marginal note:Submission of plan

 In the case of a Canadian vessel or a pleasure craft licensed under Part 10 of the Act, the authorized representative must ensure that a copy of the ballast water management plan carried on board under paragraph 11(1)(a) has been submitted to the Minister.

Exceptional Circumstances

Marginal note:Application

  •  (1) This section applies in respect of a vessel that is subject to subsection 4(2) or (3) or in respect of a vessel that is taking advantage of the exception set out in subsection 5(2).

  • Marginal note:Notice of inability to manage ballast water

    (2) If the requirements of these Regulations respecting ballast water management cannot be met or the processes and procedures in the vessel’s ballast water management plan cannot be carried out because doing so would compromise the stability or safety of the vessel or the safety of persons on board the vessel, the master of the vessel must ensure that the vessel does not enter the territorial sea unless the Minister

    • (a) is notified in the manner provided in section 5.1 of TP 13617 at least 96 hours before the vessel enters the territorial sea; and

    • (b) is provided with updates on the status of the situation in the manner provided in section 5.1 of TP 13617.

  • Marginal note:Inability to provide 96 hours’ notice

    (3) If notice cannot be provided in accordance with subsection (2), the master of the vessel must ensure that the Minister is notified in the manner provided in section 5.1 of TP 13617 as soon as it becomes feasible to do so.

  • Marginal note:Alternative measures

    (4) After the Minister is notified, the master of the vessel must ensure that alternative measures are implemented that, without compromising the safety of the vessel or of persons on board the vessel, will reduce to the greatest extent feasible the likelihood of introducing harmful aquatic organisms or pathogens into waters under Canadian jurisdiction.

  • Marginal note:Determining alternative measures

    (5) In determining the alternative measures, the master of the vessel must, in consultation with the Minister, consider the following factors:

    • (a) the nature of the ballast water that the vessel is carrying, including its origin and any operations previously performed on it on board the vessel;

    • (b) any possible operations that would, taking into account prevailing sea conditions, remove or render harmless harmful aquatic organisms or pathogens into the ballast water taken on board the vessel outside waters under Canadian jurisdiction, or minimize their introduction in that ballast water or their release 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 vessel; and

    • (d) the consequences of the possible operations on the safety of the vessel and of persons on board the vessel.

  • Marginal note:Minimum requirements

    (6) The alternative measures must include one or more of the following:

    • (a) the retention of some or all of the ballast water on board the vessel while it is in waters under Canadian jurisdiction;

    • (b) the exchange of some or all of the ballast water;

    • (c) the release of some or all of the ballast water; and

    • (d) the treatment of some or all of the ballast water on board the vessel.

  • SOR/2017-20, s. 9

Reporting

Marginal note:Ballast Water Reporting Form

  •  (1) If a vessel is bound for a port, offshore terminal or anchorage area in Canada, its master — or, in the case of a pleasure craft, its operator — must, in the manner set out in section 5.2 of TP 13617, submit to the Minister a completed Ballast Water Reporting Form as soon as feasible after a management process, or a measure required under subsection 13(4), is implemented.

  • Marginal note:Keeping of forms

    (2) The master or operator must keep on board a copy of each Ballast Water Reporting Form for 24 months after it is submitted.

  • SOR/2017-20, s. 10

Repeal and Coming into Force

 [Repeal]

Marginal note:Registration

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

 
Date modified: