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

SUBDIVISION 3Placards and Garbage Management Plans

Marginal note:Display of placards

• 103 (1) Every vessel of 12 m or more in length overall must display placards that notify the crew and passengers of the garbage discharge requirements of section 187 of the Act and sections 7 and 100 to 102, as applicable.

• Marginal note:Language

  (2) The placards must

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French or in both, according to the needs of the crew and the passengers; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, be written in the working language of the crew and in English, French or Spanish.

• Definition of length overall

  (3) In this section, length overall, in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.

Marginal note:Keep on board garbage management plans

• 104 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a garbage management plan that meets the requirements of regulation 9(2) of Annex V to MARPOL.

• Marginal note:Crew members’ obligation

  (2) Every crew member must meet the applicable requirements of the plan.

• Marginal note:Language

  (3) Despite subsection (1), in the case of a Canadian vessel or a Canadian pleasure craft, the garbage management plan must be written in English or French or in both, according to the needs of the crew.

SUBDIVISION 4Record-keeping

Marginal note:Garbage Record Books

• 105 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a Garbage Record Book in the form set out in the appendix to Annex V to MARPOL.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is certified to carry 15 persons or more and engages only on voyages of one hour or less.

Marginal note:Entries — officer in charge

• 106 (1) The officer in charge of an operation referred to in regulation 9(3) of Annex V to MARPOL that takes place on a vessel in respect of which section 105 applies must

  • (a) ensure that the operation is recorded without delay in the Garbage Record Book; and

  • (b) sign the recorded entry.

• Marginal note:Entries — master

  (2) The master of a vessel in respect of which section 105 applies must

  • (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a), (d) or (e), or any other accidental or exceptional discharge, is recorded without delay in the Garbage Record Book;

  • (b) ensure that each entry recorded in the Garbage Record Book is signed by the officer in charge of the operation; and

  • (c) sign each page of the Garbage Record Book after the page is completed.

• Marginal note:Two years

  (3) The vessel must keep the Garbage Record Book on board for two years after the day on which the last entry was made.

• Marginal note:Language

  (4) An entry in the Garbage Record Book must

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish.

• Marginal note:Categories of garbage

  (5) For the purposes of subsection (6), garbage must be grouped into the following categories:

  • (a) plastics (Category 1);

  • (b) dunnage, lining material or packing material referred to in paragraph 101(1)(a) (Category 2);

  • (c) garbage referred to in paragraph 101(1)(c), other than food wastes and incinerator ash (Category 3);

  • (d) garbage referred to in paragraph 101(1)(b), other than food wastes and incinerator ash (Category 4);

  • (e) food wastes (Category 5); and

  • (f) incinerator ash, except incinerator ash from plastics that may contain toxic or heavy-metal residues (Category 6).

• Marginal note:Categories

  (6) The master of a vessel shall ensure that

  • (a) garbage that is discharged in accordance with section 101 or 102 is listed in the Garbage Record Book under the heading for Category 2, 3, 4, 5 or 6, as the case may be; and

  • (b) garbage that is transferred to a reception facility is

    • (i) in the case of plastic, is listed in the Garbage Record Book under the heading for Category 1, and

    • (ii) in any other case, is listed in the Garbage Record Book under the heading for “other”.

• Marginal note:Official log book

  (7) The Garbage Record Book may be part of the vessel’s official log book.

Marginal note:Reception facility receipts

• 107 (1) The master of a vessel must obtain, from the owner or operator of a reception facility that receives garbage from the vessel, a receipt or certificate that sets out the type and amount of garbage received and the date and time that it was received.

• Marginal note:One year

  (2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.

DIVISION 6Air

SUBDIVISION 1Requirements for Control of Emissions from Vessels

Plans and Specifications

Marginal note:Approval

108 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.

Ozone-depleting Substances

Marginal note:Emission prohibited

• 109 (1) A vessel must not emit and a person must not permit the emission of an ozone-depleting substance from an installation on a vessel except in the circumstances set out in section 5 that apply in respect of the emission.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a minimal emission of an ozone-depleting substance if the emission is associated with the recapture or recycling of an ozone-depleting substance.

• Marginal note:Systems, etc.

  (3) The authorized representative of a vessel must ensure that it is not fitted with any system, equipment — including portable fire-extinguishing units — insulation or other material that contains an ozone-depleting substance.

• Marginal note:Non-application — vessels constructed before May 19, 2005

  (4) In the case of a vessel that is constructed before May 19, 2005, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains an ozone-depleting substance and that

  • (a) is fitted before that date; or

  • (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time.

• Marginal note:Non-application — vessels constructed before January 1, 2020

  (5) In the case of a vessel that is constructed before January 1, 2020, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains a hydrochlorofluorocarbon but no other ozone-depleting substance and that

  • (a) is fitted before that date; or

  • (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time.

• Marginal note:Non-application — repair or recharge

  (6) Subsection (3) does not apply in respect of the repair or recharge of any system, equipment, insulation or other material to which subsection (4) or (5) applies.

• Marginal note:Non-application — permanently sealed equipment

  (7) This section does not apply in respect of permanently sealed equipment that has no refrigerant-charging connections or potentially removable components containing ozone depleting substances.

Nitrogen Oxides (NO_x) — Marine Diesel Engines

Marginal note:Application

110 Sections 110.1 to 110.3 do not apply in respect of a marine diesel engine that is

• (a) intended to be used solely for emergencies;

• (b) intended to be used solely to power any device or equipment that is intended to be used solely for emergencies on the vessel on which the device or equipment is installed; or

• (c) installed in a lifeboat that is intended to be used solely for emergencies.

Marginal note:Tier I — power output of more than 130 kW

• 110.1 (1) This section applies in respect of a marine diesel engine that has a power output of more than 130 kW and that is installed on

  • (a) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1999 but before January 1, 2011 and that does not engage only on voyages in waters under Canadian jurisdiction;

  • (b) a foreign vessel or a foreign pleasure craft that was constructed after December 31, 1999 but before January 1, 2011;

  • (c) a Canadian vessel or a Canadian pleasure craft that was constructed after May 2, 2007 but before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction;

  • (d) a Canadian vessel or a Canadian pleasure craft that was constructed before January 1, 2000 and that does not engage only on voyages in waters under Canadian jurisdiction, or a foreign vessel or a foreign pleasure craft that was constructed before January 1, 2000, if

    • (i) after December 31, 1999 but before January 1, 2011,

      • (A) the engine replaced a marine diesel engine that is not identical to the engine, or

      • (B) the engine was installed as an additional engine,

    • (ii) after December 31, 1999, a substantial modification, as defined in section 1.3.2 of the NO_x Technical Code, is made to the engine, or

    • (iii) after December 31, 1999, the maximum continuous rating of the engine is increased by more than 10%; or

  • (e) a Canadian vessel or a Canadian pleasure craft that was constructed before May 3, 2007 and that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) after May 2, 2007 but before the day on which this section comes into force,

      • (A) the engine replaced a marine diesel engine that is not identical to the engine and that was installed on the vessel before May 3, 2007, or

      • (B) the engine was installed as an additional engine, or

    • (ii) after May 2, 2007,

      • (A) a substantial modification, as defined in section 1.3.2 of the NO_x Technical Code, is made to the engine, or

      • (B) the maximum continuous rating of the engine is increased by more than 10%.

• Marginal note:Tier I — power output of more than 5 000 kW

  (2) This section applies in respect of a marine diesel engine that has a power output of more than 5 000 kW and a displacement of 90 L or more per cylinder, and that is installed on

  • (a) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1989 but before May 3, 2007 and that engages only on voyages in waters under Canadian jurisdiction;

  • (b) a Canadian vessel or a Canadian pleasure craft that was constructed after December 31, 1989 but before January 1, 2000 and that does not engage only on voyages in waters under Canadian jurisdiction; or

  • (c) a foreign vessel or a foreign pleasure craft that was constructed after December 31, 1989 but before January 1, 2000.

• Marginal note:Emission limits

  (3) Subject to sections 110.5 and 110.6 and, in the case of a marine diesel engine to which subsection (2) applies, regulations 13.7.1 to 13.7.3 of Annex VI to MARPOL, the authorized representative of a vessel must ensure that a marine diesel engine is not operated on the vessel if the quantity of nitrogen oxides emitted from the engine, calculated as the total weighted emission of NO₂, exceeds the following limits, where n represents the rated engine speed (crankshaft revolutions per minute) of the engine:

  • (a) 17.0 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 45.0 × n^-0.2 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 9.8 g/kWh, where n is 2,000 revolutions per minute or more.

• Marginal note:Certificates

  (4) In the case of a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction, a reference in regulation 13.7.1 of Annex VI to MARPOL to the vessel’s International Air Pollution Prevention Certificate is to be read as a reference to the vessel’s Canadian Air Pollution Prevention Certificate.