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Arctic Shipping Safety and Pollution Prevention Regulations (SOR/2017-286)

Regulations are current to 2022-08-08

Arctic Shipping Safety and Pollution Prevention Regulations

SOR/2017-286

ARCTIC WATERS POLLUTION PREVENTION ACT

CANADA SHIPPING ACT, 2001

Registration 2017-12-19

Arctic Shipping Safety and Pollution Prevention Regulations

P.C. 2017-1683 2017-12-15

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 7(2), 35(1)Footnote a, 120(1), 190(1) and 207(2) of the Canada Shipping Act, 2001Footnote b and subsections 4(3) and 12(1) of the Arctic Waters Pollution Prevention ActFootnote c, makes the annexed Arctic Shipping Safety and Pollution Prevention Regulations.

General Provisions

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

constructed

constructed, in relation to a vessel, means that the vessel conforms to regulation 1.5 of Chapter XIV of SOLAS. (construit)

IMO

IMO means the International Maritime Organization. (OMI)

MARPOL

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention. (MARPOL)

Minister

Minister means the Minister of Transport. (ministre)

Polar Code

Polar Code means the International Code for Ships Operating in Polar Waters set out in IMO Resolutions MSC.385(94) and MEPC.264(68). (Recueil sur la navigation polaire) 

polar waters

polar waters has the same meaning as in regulation 1.4 of Chapter XIV of SOLAS. (eaux polaires)

SOLAS

SOLAS means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS)

shipping safety control zone

shipping safety control zone has the same meaning as in the Shipping Safety Control Zones Order. (zone de contrôle de la sécurité de la navigation)

Marginal note:Incorporated documents – as amended from time to time

  •  (1) Except as otherwise provided, any reference in these Regulations to a document is a reference to the document as amended from time to time.

  • Marginal note:Recommendations

    (2) For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are mandatory.

  • Marginal note:Authorized representative — pleasure craft

    (3) Any reference in these Regulations to the authorized representative of a vessel, means, in the case of a pleasure craft, the operator of the craft.

  • Marginal note:Certified vessel

    (4) Any reference in these Regulations to a certified vessel is to be read as a reference to

    • (a) if the vessel is a Canadian vessel, a vessel certified under the Canada Shipping Act, 2001; and

    • (b) if the vessel is a foreign vessel, a vessel certified by or on behalf of the government of the state whose flag the vessel is entitled to fly.

Non-application

Marginal note:Non-application

 These Regulations do not apply to government vessels and vessels owned or operated by a foreign state when they are being used only in government non-commercial services.

Compliance

Marginal note:Authorized representative

  •  (1) The authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel.

  • Marginal note:Master

    (2) The master of a vessel must ensure that the operational requirements of these Regulations are met in respect of the vessel.

PART 1Safety Measures

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

AIRSS

AIRSS means TP 12259 Arctic Ice Regime Shipping System (AIRSS) Standard, published by the Department of Transport. (SRGNA)

Arctic Class

Arctic Class means a class attributed to a vessel under the Arctic Shipping Pollution Prevention Regulations regime, which indicates that the vessel met the requirements of those regulations. (cote arctique)

Canadian Arctic Class

Canadian Arctic Class means a class attributed to a vessel under the Canada Shipping Act regime, which indicates that the vessel met the requirements of the applicable standards of TP 12260 Equivalent Standards for the Construction of Arctic Class Ships, published by the Department of Transport, on December 1, 1995. (classe arctique canadienne)

cargo vessel

cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge)

dangerous goods

dangerous goods means the substances, materials and articles referred to in the International Maritime Dangerous Goods Code, published by the IMO. (marchandises dangereuses)

fishing vessel

fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche) 

international Arctic waters

international Arctic waters has the same meaning as Arctic waters in regulation 1.3 of Chapter XIV of SOLAS. (eaux arctiques international)

passenger vessel

passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

Polar Class

Polar Class means a class that is attributed to a vessel by a classification society based on the Unified Requirements UR I established by the International Association of Classification Societies. (classe polaire)

Polar Service Temperature

Polar Service Temperature has the same meaning as in paragraph 1.2.11 of Part 1-A of the Polar Code. (température de service pour la navigation polaire)

Polar Waters Operational Manual

Polar Waters Operational Manual means the manual referred to in Chapter 2 of Part I-A of the Polar Code. (Manuel d’exploitation dans les eaux polaires)

POLARIS

POLARIS means the Polar Operational Limit Assessment Risk Indexing System, as set out in the Appendix to the IMO Circular MSC.1/Circ.1519. (POLARIS)

pollutant

pollutant has the same meaning as in section 185 of the Canada Shipping Act, 2001. (polluant)

recognized organization

recognized organization means an organization with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Canada Shipping Act, 2001. (organisation reconnue)

Type

Type in relation to a vessel, means a type set out in column 1 of Schedule 2 corresponding to the classification given by an organization set out in columns 2 to 13 of that schedule to indicate that the vessel complies with the construction standards required by the organization. (type)

vessel intended to operate in low air temperature

vessel intended to operate in low air temperature has the same meaning as in paragraph 1.2.12 of Part I-A of the Polar Code. (bâtiment prévu pour être exploité à des températures de l’air basses)

SOLAS Requirements

Marginal note:Chapter XIV of SOLAS

  •  (1) Subject to subsection (2), the following Canadian vessels in polar waters and foreign vessels in a shipping safety control zone must conform to the requirements of Chapter XIV of SOLAS:

    • (a) cargo vessels of 500 gross tonnage or more that are certified as meeting the requirements of Chapter I of SOLAS;

    • (b) passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS; or

    • (c) vessels of 500 gross tonnage or more other than a vessel referred to in paragraphs (a) and (b).

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to fishing vessels, pleasure craft and vessels that do not have a mechanical means of propulsion.

Other Requirements

Marginal note:Scope of application

 Except as otherwise provided, the following Canadian vessels and foreign vessels navigating in a shipping safety control zone must conform to sections 8 to 10:

  • (a) vessels of 300 gross tonnage or more;

  • (b) vessels carrying pollutants or dangerous goods, or vessels towing or pushing a vessel that is carrying pollutants or dangerous goods;

  • (c) vessels towing or pushing another vessel, if the combined weight of the vessels is 500 gross tonnage or more; or

  • (d) passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS.

Marginal note:Navigation periods

  •  (1) Subject to subsections (2) to (4), a vessel of an Arctic Class, Canadian Arctic Class, or Type set out in column 1 of an item in Schedule 1 may only navigate in a shipping safety control zone set out in columns 2 to 17 of that item during the applicable period.

  • Marginal note:Exception

    (2) Subject to section 9, a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1), if

    • (a) for vessels constructed before January 1, 2017, other than Polar Class vessels, the ice numeral for the ice regime in which it will navigate, as determined in accordance with AIRSS, is greater than or equal to zero;

    • (b) the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates normal operation in the ice regime; or

    • (c) for vessels in a Polar Class 3 to 7, when the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates an elevated operational risk, the Polar Waters Operations Manual has operational measures to mitigate the risk and the vessel conforms to these measures.

  • Marginal note:Emergency

    (3) Despite subsections (1) and (2), a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1) for the purposes of saving a life or preventing the loss of a ship.

  • Marginal note:Ice strengthening

    (4) If a vessel is not of an Arctic Class, Canadian Arctic Class or Type set out under column 1 of Schedule 1, or under AIRSS or POLARIS, the Minister may allow the vessel to navigate under subsection (1) or (2) by issuing an equivalency, if the Minister is satisfied that the vessel has ice strengthening that provides a level of safety at least equivalent to the level for that class or type.

Marginal note:Message

  •  (1) Subject to subsection (3), no vessel may enter a shipping safety control zone in the conditions set out in subsection 8(2), unless the master of the vessel

    • (a) sends a message to the Minister, in the manner determined by the Minister, containing the following information:

      • (i) the call letters and type of vessel and the name of any escorting vessel,

      • (ii) the name and certification information of the master, and the certification information of any persons referred to in paragraph 12.3.2 of Part I-A of the Polar Code and the person referred to in section 10, if applicable,

      • (iii) a description of the proposed route through the zone,

      • (iv) a description of each ice regime anticipated on the proposed route, and the ice numeral or the risk index outcome for the regime, and

      • (v) the final destination of the vessel; and

    • (b) has received an acknowledgement of the message from the Minister.

  • Marginal note:Change

    (2) If the information referred to in subparagraph (1)(a)(iii) or (iv) changes significantly on the route, the master of the vessel must send a new message to the Minister, in the manner determined by the Minister.

  • Marginal note:Adjacent zones

    (3) If the route of the vessel involves navigation in more than one shipping safety control zone and these zones are adjacent, the master of the vessel is only required to comply with subsection (1) before entering the first zone.

  • Marginal note:Emergency exception

    (4) If a vessel enters a shipping safety control zone for the purpose of saving a life or preventing the loss of a ship, the master of the vessel is not required to conform to subsection (1), however, the master must advise the Minister of the vessel’s entry into the zone.

Ice Navigator

Marginal note:Ice navigator

  •  (1) Vessels, other than a cargo vessel of 500 gross tonnage or more or a passenger vessel that are certified as meeting the requirements of Chapter I of SOLAS, that navigate in a shipping safety control zone set out in columns 2 to 17 of Schedule 1 during a period other than those set out in item 14 of that schedule must have an ice navigator on board.

  • Marginal note:Requirements

    (2) The ice navigator on a vessel must

    • (a) have all of the qualifications under the Canada Shipping Act, 2001 to act as a master or a person in charge of the deck watch; and

    • (b) either:

      • (i) have served on a vessel in the capacity of master or person in charge of the deck watch for at least 50 days, of which 30 days must have been served in international Arctic waters while the vessel was in ice conditions that required the vessel to be assisted by an ice-breaker or that required manoeuvres to avoid concentrations of ice that might have endangered the vessel, or

      • (ii) hold a certificate in advanced training for ships operating in polar waters in accordance with regulation V/4 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.

Vessels Intended to Operate in Low Air Temperature

Marginal note:Requirements

 Any Canadian vessel referred to in paragraphs 6(1)(a) to (c) that was constructed on or after January 1, 2017, and is intended to operate in low air temperature must meet the following requirements if it navigates in polar waters:

  • (a) be assigned, by a recognized organization, a cold temperature service or winterization notation that is compatible with its Polar Service Temperature;

  • (b) have on board inflatable life rafts and marine evacuation systems that are designed to operate at the vessel Polar Service Temperature, or that are protected from cold weather or fitted with means to prevent the temperature from dropping below -30oC; and

  • (c) have engines, cooling systems, fuel systems, and starting systems of lifeboats, rescue boats, fast rescue boats that are

    • (i) tested as prescribed in paragraphs 6.10.2 to 6.10.4 of Part 1 of the Annex to IMO Resolution MSC.81(70), to start at the vessel Polar Service Temperature, or

    • (ii) protected from the cold weather, or fitted with means to prevent their temperature from dropping below -15oC.

PART 2Pollution Prevention Measures

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

arctic waters

arctic waters has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (eaux arctiques)

cargo residues

cargo residues has the same meaning as in regulation 1.2 of Annex V to MARPOL. (résidus de cargaison)

Category A vessel

Category A vessel means a vessel designed for operation in polar waters in at least medium first-year ice, that may include old ice inclusions. (bâtiment de catégorie A)

Category B vessel

Category B vessel means a vessel not included in Category A that is designed for operation in polar waters in at least thin first-year ice, which may include old ice inclusions. (bâtiment de catégorie B)

en route

en route has the same meaning as in regulation 1.5 of Annex V to MARPOL. (faire route)

fast ice

fast ice has the same meaning as in paragraph 4.1.3 of Part II-A of the Polar Code. (banquise côtière)

food waste

food waste has the same meaning as in regulation 1.8 of Annex V to MARPOL. (déchets alimentaires)

from the nearest land

from the nearest land has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (à partir de la terre la plus proche)

garbage

garbage has the same meaning as in regulation 1.9 of Annex V to MARPOL. (ordures)

IBC Code

IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (Recueil IBC)

ice-shelf

ice-shelf has the same meaning as in paragraph 4.1.2 of Part II-A of the Polar Code. (plateau de glace)

marine sanitation device

marine sanitation device has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (appareil d’épuration marine)

noxious liquid substance

noxious liquid substance has the same meaning as in regulation 1.10 of Annex II to MARPOL. (substance liquide nocive)

sewage

sewage has the same meaning as in regulation 1.3 of Annex IV to MARPOL. (eaux usées)

waters under Canadian jurisdiction

waters under Canadian jurisdiction has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (eaux de compétence canadienne)

 
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