Ballast Water Regulations (SOR/2021-120)
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Regulations are current to 2024-10-30
Ballast Water Regulations
SOR/2021-120
Registration 2021-06-04
Ballast Water Regulations
P.C. 2021-503 2021-06-03
Whereas the annexed Ballast Water Regulations establish standards that are additional or complementary to the standards set out in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, and the Administrator in Council is satisfied that those additional or complementary standards meet the objectives of the Convention;
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than section 26 and on the recommendation of the Minister of Fisheries and Oceans with respect to that section 26, makes the annexed Ballast Water Regulations pursuant to
(a) subsections 35(1)Footnote a and 35.1(1)Footnote b, section 190Footnote c and paragraphs 244(f)Footnote d, (g) and (h)Footnote e of the Canada Shipping Act, 2001Footnote f; and
(b) subsection 43(1)Footnote g of the Fisheries ActFootnote h.
Return to footnote aS.C. 2019, c. 1, s. 141
Return to footnote bS.C. 2018, c. 27, s. 692
Return to footnote cS.C. 2018, c. 27, s. 707
Return to footnote dS.C. 2014, c. 29, s. 75(1)
Return to footnote eS.C. 2018, c. 27, s. 709
Return to footnote fS.C. 2001, c. 26
Return to footnote gS.C. 2019, c. 14, s. 31 and par. 50(e)
Return to footnote hR.S., c. F-14
Interpretation
Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
- Act
Act means the Canada Shipping Act, 2001. (Loi)
- Annex
Annex means the Annex to the Convention. (Annexe)
- ballast water
ballast water has the same meaning as in article 1 of the Convention. (eaux de ballast)
- ballast water exchange standard
ballast water exchange standard means the standard set out in regulation D-1 of the Annex. (norme de renouvellement des eaux de ballast)
- ballast water management
ballast water management has the same meaning as in article 1 of the Convention. (gestion des eaux de ballast)
- ballast water management system
ballast water management system has the same meaning as in the BWMS Code. (système de gestion des eaux de ballast)
- ballast water performance standard
ballast water performance standard means the standard set out in regulation D-2 of the Annex. (norme de qualité des eaux de ballast)
- BWMS Code
BWMS Code means the Code for Approval of Ballast Water Management Systems, published by the International Maritime Organization. (Code BWMS)
- Canadian pleasure craft
Canadian pleasure craft means a pleasure craft that
(a) is licensed under Part 10 of the Act; or
(b) is principally maintained or operated in Canada, is not a Canadian vessel and is not registered or licensed under the laws of another state. (embarcation de plaisance canadienne)
- Convention
Convention means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, signed at London on February 13, 2004. (Convention)
- Great Lakes Basin
Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the waters of the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montréal in Quebec. (bassin des Grands Lacs)
- IBWM Certificate
IBWM Certificate means the International Ballast Water Management Certificate issued under regulation E-2 or E-3 of the Annex. (certificat IGEB)
- Minister
Minister means the Minister of Transport. (ministre)
- 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 cannot be removed from a ballast tank using the equipment installed on the vessel for that purpose. (quantité résiduelle)
- sediments
sediments means matter settled out of ballast water within a vessel. (sédiments)
- TP 13617
TP 13617 means the document entitled List of Canada’s Designated Alternate Ballast Water Exchange Areas and Fresh Waters, published by the Department of Transport. (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)
Marginal note:Authorized representative
(2) For the purposes of these Regulations, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the owner and operator of the pleasure craft.
Marginal note:Incorporation by reference
2 (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:Incorporated documents — certain terms
(2) For the purpose of interpreting a document incorporated by reference into these Regulations,
(a) “Administration” is to be read as “Minister” in respect of
(i) Canadian vessels,
(ii) Canadian pleasure craft, and
(iii) floating platforms engaged in the exploration or exploitation of the seabed and subsoil in waters under Canadian jurisdiction, including floating storage units and floating production, storage and off-loading units;
(b) “ship” is to be read as “vessel”;
(c) “survey” is to be read as “inspection”; and
(d) “discharge”, in respect of ballast water, is to be read as “release”.
Marginal note:Regulation A-3.5 of the Annex
(3) For the purpose of interpreting regulation A-3.5 of the Annex, the location referred to in that regulation is within 10 nautical miles from another location without encountering a physical barrier or obstruction.
Marginal note:Definition of viable organisms
(4) For the purpose of interpreting regulation D-2 of the Annex, viable organisms has the same meaning as in the BWMS Code.
Application
Marginal note:Application
3 (1) Except as otherwise provided, 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:Activities related to oil or gas
(2) These Regulations apply in respect of vessels referred to in subsection (1) that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except vessels that are on location and engaged in one of those activities in an area referred to in
(a) section 3 of the Canada Oil and Gas Operations Act;
(b) subsection 8(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act; or
(c) subsection 8(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.
Marginal note:Non-application
(3) These Regulations do not apply in respect of
(a) vessels operated under the authority of a state that is not a party to the Convention if they are operated exclusively in the Great Lakes Basin and if they do not take on board or release ballast water in waters under Canadian jurisdiction unless it is necessary to ensure the safety of the vessel during a voyage between ports located outside Canada;
(b) vessels that are owned or operated by a state and used only in government non-commercial service; or
(c) vessels that carry only permanent ballast water in sealed tanks such that it is not subject to release.
Marginal note:Quantity
(4) For greater certainty, these Regulations apply to the management of any quantity of ballast water that may be released from a vessel.
Compliance
Marginal note:Authorized representative and master — Annex
4 (1) Except as otherwise provided by these Regulations, the authorized representative and the master of a vessel must ensure that the requirements of the Annex are met in respect of the vessel.
Marginal note:Authorized representative and master — certain provisions
(2) The authorized representative and the master of a vessel must ensure that the requirements of section 8, subsections 14(1), 15(1) and 16(1) and sections 17 to 20, 22 and 23 are met.
Marginal note:Master — ballast water record book
(3) The master must ensure, in respect of the ballast water record book, that
(a) the requirements set out in the Annex to make entries are met;
(b) the signature requirements set out in regulation B-2 of the Annex are met;
(c) all entries are maintained on board the vessel in accordance with the requirements set out in regulation B-2 of the Annex; and
(d) the record book is kept readily available for inspection in accordance with the requirements set out in regulation B-2 of the Annex.
Marginal note:Authorized representative — ballast water record book
(4) The authorized representative of a Canadian vessel or a Canadian pleasure craft must maintain the entries made in the ballast water record book, in accordance with regulation B-2 of the Annex, after the period during which the entries are to be maintained on board the vessel in accordance with that regulation.
Marginal note:Authorized representative and master — regulation E-1
(5) The authorized representative and the master of a Canadian vessel or a Canadian pleasure craft must ensure that the following requirements, as set out in regulation E-1 of the Annex, are met:
(a) the reporting requirements if an accident occurs to a vessel or a defect is discovered;
(b) the maintenance requirements; and
(c) the requirement to obtain approval of a change that is made after an inspection.
Regulation A-4 of the Annex — Exemptions
Marginal note:Canadian vessels
5 (1) The Marine Technical Review Board established under section 26 of the Act is authorized, in respect of Canadian vessels, to exercise the powers of a Party to the Convention conferred by regulation A-4 of the Annex in respect of the requirements of sections 15 and 16 and of regulation B-3 of the Annex.
Marginal note:Other vessels
(2) On application by the authorized representative of a vessel other than a Canadian vessel, the Minister is authorized to exempt the vessel from the requirements of sections 15 and 16 and of regulation B-3 of the Annex if the application establishes that the applicable conditions described in regulation A-4 of the Annex are met.
Regulation A-5 of the Annex — Equivalent Compliance
Marginal note:Application
6 (1) This section applies in respect of
(a) vessels that are less than 50 m in overall length and vessels that are not self-propelled and that are of less than 3,000 gross tonnage, if they are operated exclusively
(i) in waters under Canadian jurisdiction, or
(ii) in waters under Canadian jurisdiction and on the high seas; and
(b) vessels that are described in regulation A-5 of the Annex.
Marginal note:Guidelines
(2) A vessel described in subsection (1) may, instead of complying with these Regulations, elect to comply with the requirements set out in the Guidelines for ballast water management equivalent compliance (G3), published by the International Maritime Organization.
Marginal note:Guidelines — recommendations
(3) For the purpose of interpreting the guidelines referred to in subsection (2), with the exception of any provision relating to ballast water exchange, “should” is to be read as “must” and recommendations are mandatory.
Regulation B-1 of the Annex — Ballast Water Management Plan
Marginal note:Approval
7 (1) On application by the authorized representative, the Minister must approve the ballast water management plan of a Canadian vessel or a Canadian pleasure craft if the plan meets the requirements set out in regulation B-1 of the Annex.
Marginal note:Language of plan
(2) Despite subsection (1), the ballast water management plan must be written in English or French, or in both.
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