Ballast Water Regulations (SOR/2021-120)

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.