Short Title

1 These Regulations may be cited as the Oil Pollution Prevention Regulations.

Interpretation

2 In these Regulations,

Annex I

Annex I means Annex I to the Pollution Convention; (version anglaise seulement)

approved classification society

approved classification society means the American Bureau of Shipping, Bureau Veritas (Canada), Det Norske Veritas, Germanischer Lloyd or Lloyd’s Register of Shipping; (société de classification agréée)

Division I waters

Division I waters means fishing zones 1, 2 and 3 and those internal waters that are not within a shipping safety control zone; (eaux de la section I)

Division II waters

Division II waters means the territorial sea and portions of fishing zones 4, 5 and 6 that are not within a shipping safety control zone; (eaux de la section II)

fishing zone

fishing zone means a fishing zone described in section 16 of the Oceans Act and prescribed under paragraph 25(b) of that Act; (zone de pêche)

IMO

IMO means the International Maritime Organization; (OMI)

internal waters

internal waters has the same meaning as in section 2 of the Customs Act; (eaux intérieures)

loading facility

loading facility means any shore or sea installation that is used for the loading of oil or an oily mixture onto a ship; (installation de chargement)

machinery spaces

machinery spaces has the same meaning as in section 2 of the Marine Machinery Regulations; (tranche des machines)

oil

oil has the same meaning as in section 673 of the Canada Shipping Act;(hydrocarbures)

oil tanker

oil tanker[Repealed, SOR/95-352, s. 1]

oily mixture

oily mixture means a mixture with any oil content; (mélange d’hydrocarbures)

p.p.m.

p.p.m. means parts of oil per million parts of oil-water mixture, by volume; (ppm)

reception facility

reception facility means a facility that is capable of receiving, storing, processing or transhipping shipboard-generated oily residues and sludge in an environmentally safe manner; (installation de réception)

Resolution A.393 (X)

Resolution A.393 (X) means the IMO recommendation entitled Recommendation on International Performance and Test Specifications for Oily-Water Separating Equipment and Oil Content Meters, adopted November 14, 1977; (résolution A.393 (X))

Resolution A.444 (XI)

Resolution A.444 (XI) means the IMO recommendation entitled Recommendation Concerning the Installation of Oily-Water Separating Equipment Under the International Convention for the Prevention of Pollution from Ships, 1973, as Modified by the Protocol of 1978 Relating Thereto, adopted November 15, 1979; (résolution A.444 (XI))

Resolution A.446 (XI)

Resolution A.446 (XI) means the IMO recommendation entitled Revised Specifications for Design, Operation and Control of Crude Oil Washing Systems, adopted November 15, 1979; (résolution A.446 (XI))

Resolution A.496 (XII)

Resolution A.496 (XII) means the IMO recommendation entitled Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers, adopted November 19, 1981; (résolution A.496 (XII))

Resolution A.586 (XIV)

Resolution A.586 (XIV) means the IMO recommendation entitled Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers, adopted November 20, 1985; (résolution A.586 (XIV))

Resolution MEPC.3 (XII)

Resolution MEPC.3 (XII) means the IMO recommendation entitled cStandard Format for the Crude Oil Washing Operations and Equipment Manual, adopted November 30, 1979; (résolution MEPC.3 (XII))

Resolution MEPC.5 (XIII)

Resolution MEPC.5 (XIII) means the IMO recommendation entitled Specifications for Oil/Water Interface Detection, adopted June 13, 1980; (résolution MEPC.5 (XIII))

Resolution MEPC.54(32)

Resolution MEPC.54(32) means the IMO recommendation entitled Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, adopted March 6, 1992; (résolution MEPC.54(32))

Resolution MEPC.60(33)

Resolution MEPC.60(33) means the IMO recommendation entitled Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships, adopted October 30, 1992; (résolution MEPC.60(33))

segregated ballast

segregated ballast has the same meaning as in Regulation 1 of Annex I; (ballast séparé)

shipping safety control zone

shipping safety control zone means a shipping safety control zone prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act; (zone de contrôle de la sécurité de la navigation)

special area

special area has the same meaning as in Regulation 1 of Annex I; (zone spéciale)

territorial sea

territorial sea means the territorial sea of Canada as determined under the Oceans Act; (mer territoriale)

transfer operation

transfer operation means

• (a) the loading of oil or an oily mixture onto a ship from a loading facility or from another ship, or

• (b) the unloading of oil or an oily mixture from a ship onto an unloading facility or onto another ship; (opération de transbordement)

unloading facility

unloading facility means any shore or sea installation that is used for the unloading of oil or an oily mixture from a ship; (installation de déchargement)

waters under Canadian jurisdiction

waters under Canadian jurisdiction means

• (a) Canadian waters, and

• (b) the exclusive economic zone of Canada described in section 13 of the Oceans Act. (eaux de compétence canadienne)

General Application

• 3 (1) These Regulations do not apply in respect of any warship, naval auxiliary or other ship that is owned or operated by a state and used in government non-commercial service.

• (2) Except where otherwise indicated, these Regulations apply in respect of

  • (a) any ship operating in waters under Canadian jurisdiction, including ships operating in a shipping safety control zone; and

  • (b) any Canadian ship operating outside of waters under Canadian jurisdiction.

Pollutants

4 For the purposes of Part XV of the Canada Shipping Act, oil and any oily mixture are prescribed to be pollutants.

Oil Record Books

• 5 (1) Every oil tanker of 150 tons gross tonnage or more and any other ship of 400 tons gross tonnage or more that carries oil as fuel or as cargo shall keep on board an Oil Record Book, Part I (Machinery Space Operations), in the form set out in Appendix III to Annex I.

• (2) Every oil tanker shall also keep on board an Oil Record Book, Part II (Cargo Ballast Operations), in the form set out in Appendix III to Annex I.

• (3) The master of every oil tanker and of every other ship mentioned in subsection (1) shall ensure that the operations mentioned in Regulation 20(2)(a) of Annex I, as well as the discharges mentioned in paragraphs 29(a), (b) and (d), are, each time they take place, recorded without delay in the Oil Record Book, Part I, that each entry is signed by the officer in charge of the operation, and that each page thereof is signed by the master.

• (4) In addition to the obligation prescribed by subsection (3), the master of every oil tanker of 150 tons gross tonnage or more shall ensure that the operations mentioned in Regulation 20(2)(b) of Annex I, as well as the discharges mentioned in paragraphs 29(a), (b) and (d), are, each time they take place, recorded without delay in the Oil Record Book, Part II, that each entry is signed by the officer in charge of the operation, and that each page thereof is signed by the master.

• (5) The Oil Record Book may be a part of the official log book.

• (6) The Oil Record Book shall be kept on board for a period of three years after the last entry has been made and, at any time during the period it is on board, shall be made available for inspection.

Other Documents

6 Every oil tanker of 150 tons gross tonnage or more and any other ship of 400 tons gross tonnage or more that carries oil as fuel or as cargo shall keep on board an English or French version of

• (a) one of the following documents, namely,

  • (i) a Canadian Oil Pollution Prevention Certificate, where the ship is a Canadian ship that is engaged in voyages that take place exclusively in waters under Canadian jurisdiction,

  • (ii) an International Oil Pollution Prevention Certificate, where the ship is

    • (A) a Canadian ship that is engaged in voyages that do not take place exclusively in waters under Canadian jurisdiction, or

    • (B) a ship, other than a Canadian ship, that is registered in a state that is a signatory to the Pollution Convention and that is engaged in voyages that take place in waters under Canadian jurisdiction, and

  • (iii) a Certificate of Compliance, where the Pollution Convention does not apply to the ship and the ship is engaged in voyages that take place in waters under Canadian jurisdiction;

• (b) a Type Test Certificate, if applicable, for

  • (i) a 100 p.p.m. oily-water separator or 15 p.p.m. oil filtering equipment,

  • (ii) a process unit,

  • (iii) an oil content meter (machinery spaces),

  • (iv) an oil content meter (cargo spaces of oil tankers), and

  • (v) an oil-water interface detector (oil tankers);

• (c) an equipment operation manual for

  • (i) an oil discharge monitoring and control system (oil tankers), and

  • (ii) a crude oil washing system (in the case of a crude oil tanker of 20,000 Dwt or more); and

• (d) the information and data referred to in Regulations 25(5)(a) and (b) of Annex I (oil tankers).

7 [Repealed, SOR/95-352, s. 4]

PART IConstruction

Submission of Plans and Specifications

• 8 (1) Subject to subsection (2), the owner of every Canadian oil tanker of 150 tons gross tonnage or more, and of every other Canadian ship of 400 tons gross tonnage or more, who builds, fits out or carries out major repairs to that ship shall do so in accordance with the plans and specifications required under this section, and shall submit to the Board four copies of those plans and specifications, which shall describe

  • (a) in the case of an oil tanker,

    • (i) the containers or enclosed deck areas referred to in section 10,

    • (ii) the slop tank arrangement referred to in Regulation 15(2) of Annex I,

    • (iii) the oil-water interface detector referred to in Resolution MEPC.5 (XIII),

    • (iv) the oil discharge monitoring and control system referred to in Resolution A.586 (XIV),

    • (v) the pumping, piping and discharge arrangements referred to in Regulations 18(1) to (4) of Annex I,

    • (vi) the hypothetical outflow of oil referred to in Regulations 23(1) to (4) of Annex I,

    • (vii) the limitation of size and arrangements of cargo tanks referred to in Regulations 24(2) to (6) of Annex I, and

    • (viii) the subdivision and stability requirements referred to in Regulations 25(1) to (4) of Annex I;

  • (b) in the case of a crude oil tanker of 20,000 Dwt or more,

    • (i) the equipment referred to in paragraph (a),

    • (ii) the segregated ballast tanks referred to in Regulation 13(2) of Annex I,

    • (iii) the protective location of segregated ballast tanks referred to in Regulation 13E of Annex I,

    • (iv) the crude oil washing system referred to in Resolution A.446 (XI), and

    • (v) the inert gas system referred to in Regulation 13B(3) of Annex I;

  • (c) in the case of a product carrier of 30,000 Dwt or more, the equipment referred to in paragraph (a) and subparagraphs (b)(ii) and (iii);

  • (d) in the case of any ship of 400 tons gross tonnage or more,

    • (i) the containers or enclosed deck areas referred to in section 9,

    • (ii) the tank referred to in section 11,

    • (iii) the pump and piping system to discharge oily residues and sludge to a reception facility, referred to in section 14,

    • (iv) the standard discharge connection referred to in Regulation 19 of Annex I, and

    • (v) unless the ship is one that operates exclusively in Division I waters and is fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water, one of the following pieces of equipment, namely,

      • (A) the 15 p.p.m. oil filtering equipment and 15 p.p.m. bilge alarm referred to in Resolution MEPC.60(33) and the stopping device referred to in Regulation 10(3)(b)(vi) of Annex I, or

      • (B) the 100 p.p.m. oily-water separating equipment and oil discharge monitoring and control system referred to in Resolution A.393 (X);

  • (e) in the case of ships engaged exclusively on voyages within the inland waters of Canada,

    • (i) the equipment referred to in subparagraphs (d)(i) to (iv), and

    • (ii) unless the ship is fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water, 15 p.p.m. oil filtering equipment that is substantially similar to that referred to in Resolution MEPC.60(33), a 5 p.p.m. bilge alarm that is substantially similar to that referred to in Standard for 5 p.p.m. Bilge Alarms (for Canadian Inland Waters), TP 12301, published by the Canadian Coast Guard in 1995, as amended from time to time, and a stopping device that is substantially similar to that referred to in Regulation 10(3)(b)(vi) of Annex I; and

  • (f) in the case of a ship of less than 10,000 tons gross tonnage engaged exclusively in voyages in Division II waters set out in subsection 32(1), the oil filtering equipment referred to in clause (d)(v)(A), except that the equipment need not be fitted with an alarm and automatic stopping device.

• (2) The owner of an oil tanker need not submit the plans and specifications for equipment referred to in subparagraphs (1)(a)(ii) to (iv) or fit that equipment on the oil tanker if the oil tanker is engaged exclusively in

  • (a) the carriage of asphalt or similar oils that, through their physical properties, inhibit effective oil/water separation and monitoring; or

  • (b) voyages of 72 hours or less in duration that take place entirely within Canadian waters or fishing zones within 50 nautical miles of the nearest land.

• (3) The owner of an oil tanker that is engaged exclusively in voyages that take place entirely within Canadian waters or fishing zones within 50 nautical miles of the nearest land need not submit the plans and specifications for equipment referred to in subparagraphs (1)(a)(iii) and (iv) or fit that equipment on the oil tanker.

• (4) The owner of a non-self-propelled oil tanker that cannot wash or ballast its cargo tanks while making way need not submit the plans and specifications for equipment referred to in subparagraphs (1)(a)(ii) to (v) or fit that equipment on the oil tanker.

• (5) and (6) [Repealed, SOR/95-352, s. 5]

• (7) The Board may accept plans and specifications that have already been examined by an approved classification society or by the appropriate agency of a country other than Canada, if the plans and specifications meet the requirements of these Regulations.

Containers or Enclosed Deck Areas of Ships for Bunkering Operations

• 9 (1) Every ship of 100 tons gross tonnage or more shall be fitted or equipped with a container or an enclosed deck area that, under even-keel conditions,

  • (a) is capable of retaining oil that may leak or spill during bunkering of fuel or bulk lubricating oil;

  • (b) has a capacity of not less than 0.08 m³, where the ship is of less than 400 tons gross tonnage, or 0.16 m³, where the ship is of 400 tons gross tonnage or more; and

  • (c) does not adversely affect the stability of the ship or the safety of its crew.

• (2) Subsection (1) does not apply in respect of a ship

  • (a) that is fitted with an overflow system that prevents oil from discharging onto the open deck; or

  • (b) that usually fills its bunkers from a truck and is equipped with a bunkering hose that has an inside diameter of 51 mm or less and employs an automatic shut-off nozzle.

Containers or Enclosed Deck Areas for Oil Tankers

• 10 (1) Every oil cargo loading or unloading manifold and every transfer connection point on an oil tanker shall be fitted or equipped with a container or an enclosed deck area that

  • (a) is capable of retaining oil that may leak or spill during transfer operations;

  • (b) has a means for the removal of the oil retained therein; and

  • (c) does not adversely affect the stability of the oil tanker or the safety of its crew.

• (2) If the largest conduit serving an oil cargo loading or unloading manifold or a cargo transfer connection point on an oil tanker has an inside diameter set out in column I of an item of the table to this subsection, the container or enclosed deck area shall, under even-keel conditions, have the volume set out in column II of that item.

  TABLE

  	Column I	Column II
  Item	Inside Diameter	Volume of Containerv or Enclosed Deck Area
  1	Less than 51 mm	0.08 m3
  2	51 mm or more, but less than 101 mm	0.16 m3
  3	101 mm or more, but less than 153 mm	0.32 m3
  4	153 mm or more, but less than 305 mm	0.48 m3
  5	305 mm or more	0.64 m3

Tanks for Oily Residue and Sludge

11 Every ship of 400 tons gross tonnage or more shall be equipped with at least one tank

• (a) that is adequate, having regard to the type of machinery fitted on the ship and the ship’s usual length of voyage, to receive the oily residues and sludge that result from the purification of fuel and lubricating oils and from oil leakages in the ship’s machinery spaces; and

• (b) that is designed and constructed so as to facilitate its cleaning.

Prohibited Forepeak Tanks and Tanks Forward of the Collision Bulkhead

12 No ship of 400 tons gross tonnage or more that is put into service on or after the coming into force of these Regulations shall carry oil in a forepeak tank or in a tank forward of the collision bulkhead.

Cargo Spaces for Carrying Oil in Bulk on Ships other than Oil Tankers

• 13 (1) A ship, other than an oil tanker, that is fitted with cargo spaces constructed and used for carrying oil in bulk that have an aggregate capacity of at least 200 m³ but less than 1 000 m³ shall, in addition to the requirement that is for ships other than oil tankers, comply with the construction and operational requirements mentioned in subsection 5(4) and sections 10, 12 and 34, and Regulation 24(4) of Annex I.

• (2) A ship, other than an oil tanker, that is fitted with cargo spaces constructed and used for carrying oil in bulk that have an aggregate capacity of at least 1 000 m³ shall, in addition to the requirements mentioned in subsection (1), comply with the requirements mentioned in subparagraphs 6(c)(i) and 8(1)(a)(ii) to (iv).

Piping Systems — Standard Discharge Connection and Sludge Pump

14 Every ship of 400 tons gross tonnage or more that is fitted with main or auxiliary propulsion machinery shall be equipped with

• (a) at least one pump that is capable of discharging the oily residues and sludge from its machinery space bilges and sludge tanks through a piping system to a reception facility;

• (b) at least one outlet for the piping system referred to in paragraph (a), which outlet shall be accessible from the weather deck and be fitted with a stop valve and a standard discharge connection flange that meet the requirements of Regulation 19 of Annex I; and

• (c) [Repealed, SOR/95-352, s. 6]

• (d) piping to and from sludge tanks that have no direct connection overboard other than the standard discharge connection referred to in paragraph (b).

14.1 Every Canadian ship of 400 tons gross tonnage or more that is fitted with main or auxiliary propulsion machinery shall be equipped with a means on the weather deck for stopping each pump that is used to discharge oily residues and sludge.

Double Hull Construction

14.2 Any oil tanker that is engaged in voyages that take place in waters under Canadian jurisdiction shall comply with Standards for the Double Hull Construction of Oil Tankers, TP 11710, published by the Canadian Coast Guard on July 6, 1993, as amended from time to time, other than sections 3 and 5 and subparagraphs 24(a)(i), (b)(i) and (c)(i) of those Standards.

Required Equipment for an Oil Tanker or a Ship

• 15 (1) This section and section 16 apply to every ship of 400 tons gross tonnage or more and every oil tanker of 150 tons gross tonnage or more that is engaged in a voyage in Division II waters.

• (2) On or before July 6, 1998, a ship of 400 tons gross tonnage or more but less than 10,000 tons gross tonnage that has been put into service before July 31, 1995 and that has not sustained major repairs shall be equipped with a 100 p.p.m. oily-water separator referred to in Resolution A.393(X) or with the equipment described in subsection (3).

• (3) After July 6, 1998, every ship described in subsection (2) shall be equipped with 15 p.p.m. oil filtering equipment and a 15 p.p.m. bilge alarm that meet the requirements of Resolution MEPC.60(33).

• (4) On or before July 6, 1998, a ship of 10,000 tons gross tonnage or more that is put into service before July 31, 1995 and that has not sustained major repairs shall be equipped with the 100 p.p.m. oily-water separator and the oil discharge monitoring and control system referred to in Resolution A.393(X) or with the equipment and alarm described in subsection (5).

• (5) After July 6, 1998, every ship of 10,000 tons gross tonnage or more that is put into service before July 31, 1995 shall be equipped with a 15 p.p.m. oil filtering system and a 15 p.p.m. bilge alarm that meet the requirements of Resolution MEPC.60(33) and an alarm and stopping device that operate as soon as the oil content in the effluent exceeds 15 p.p.m.

• (6) Where an oily-water separator referred to in subsection (2) or (4) does not meet the specifications set out in Resolution A.393(X), the ship shall also be fitted with a process unit referred to in Appendix 1 of Resolution A.444(XI).

• 16 (1) Every oil tanker of 150 tons gross tonnage or more that is already built on the coming into force of these Regulations and that has not sustained major repairs shall be fitted with

  • (a) the oil discharge monitoring and control system referred to in Resolution A.586 (XIV);

  • (b) the oil/water interface detector referred to in Resolution MEPC.5 (XIII);

  • (c) a slop tank or a cargo tank that is designated as a slop tank, in conformity with Regulation 15(2) of Annex I; and

  • (d) in the case of a crude oil tanker of 40,000 Dwt or more,

    • (i) the segregated ballast tanks referred to in Regulation 13(2) of Annex I, constructed in accordance with the protective location requirements in Regulation 13E of Annex I, or

    • (ii) the crude oil washing system referred to in Resolution A.446(XI) and the inert gas system referred to in Regulation 13B(3) of Annex I.

  • (e) [Repealed, SOR/95-352, s. 9]

• (2) Every oil tanker of 150 tons gross tonnage or more that is a product carrier of 40,000 Dwt or more, that has been built before July 31, 1995 and that has not sustained major repairs, may operate with dedicated clean ballast tanks that meet the requirements set out in Regulation 13A of Annex I.

Equipment Standards

17 The following equipment that is to be fitted on board an oil tanker or a ship shall meet the following requirements:

• (a) in the case of 15 p.p.m. oil filtering equipment, the specifications of Part 1 of the Annex to Resolution MEPC.60(33);

• (b) in the case of a process unit for attachment to existing oily-water separating equipment, the specifications of Appendix I of Resolution A.444 (XI);

• (c) in the case of an oil content meter (machinery spaces), the specifications of Part 2 of the Annex to Resolution MEPC.60(33);

• (d) in the case of an oil content meter (cargo spaces of oil tankers), the specifications of Part I of the Annex to Resolution A.586 (XIV);

• (e) in the case of an oil/water interface detector, the specifications of Resolution MEPC.5 (XIII);

• (f) in the case of a crude oil washing system, the specifications of Resolution A.446 (XI);

• (g) in the case of an inert gas system, the specifications of Regulation 62, Chapter II - 2 of the Safety Convention; and

• (h) in the case of a 5 p.p.m. oil content meter, the specifications of Part 2 of the Annex to Resolution MEPC.60(33), except that the equipment shall comply with the requirements for a 5 p.p.m. oil content meter set out in Standard for 5 p.p.m. Bilge Alarms (for Canadian Inland Waters), TP 12301, published by the Canadian Coast Guard in 1995, as amended from time to time.

Operating Manuals for Oil Tankers

• 18 (1) The owner or master of an oil tanker of 150 tons gross tonnage or more shall submit to the Board four copies of the operating manual for the tanker’s oil discharge monitoring and control system, in the form set out in Resolution A.586 (XIV).

• (2) The owner or master of every crude oil tanker of 20,000 Dwt or more shall submit to the Board four copies of the operating manuals for the tanker’s

  • (a) crude oil washing system, in the form set out in Resolution MEPC.3 (XII); and

  • (b) inert gas system.

• (3) [Repealed, SOR/95-352, s. 11]

Small Oil Tankers and Small Ships

• 19 (1) Every oil tanker of less than 150 tons gross tonnage shall be equipped with

  • (a) [Repealed, SOR/98-123, s. 10]

  • (b) the following equipment, namely,

    • (i) installations that are capable of retaining on board oil residues, contaminated cargo washing and cargo wastes for subsequent discharge into a reception facility, or

    • (ii) equipment that meets the oily mixture discharge requirements set out in sections 31, 33 and 34.

• (2) Every other ship of less than 400 tons gross tonnage that carries oil as fuel or as cargo shall be equipped with

  • (a) [Repealed, SOR/98-123, s. 10]

  • (b) the following equipment, namely,

    • (i) installations that are capable of retaining oil residues on board for subsequent discharge into a reception facility, or

    • (ii) equipment that meets the oily mixture discharge requirements set out in sections 31 and 33.

PART IIInspection and Certificates

Interpretation

20 For the purposes of this Part, “ship” means a Canadian oil tanker of 150 tons gross tonnage or more or any other Canadian ship of 400 tons gross tonnage or more that carries on board oil as fuel or cargo.

Initial Inspection and Periodic Inspections

• 21 (1) Every ship shall, in addition to complying with the applicable regulations made under Part V of the Canada Shipping Act, be inspected by a steamship inspector to ensure that the ship’s construction, arrangement, equipment, fittings, installations and systems are in accordance with these Regulations, before the ship is put into service for the first time or is issued its first Canadian Oil Pollution Prevention Certificate.

• (2) The steamship inspector shall issue to a ship that complies with these Regulations a Canadian Oil Pollution Prevention Certificate that is valid for a period of five years beginning on the date of its issuance.

• (3) A ship that is transferred from foreign registry to Canadian registry is subject to the provisions of subsections (1) and (2).

• (4) Where a steamship inspector conducts an inspection of a ship similar to its initial inspection and finds that the ship is in compliance with these Regulations, the steamship inspector may renew the ship’s Canadian Oil Pollution Prevention Certificate within the three month period before the expiration of the five year period that began on the date of issuance of the certificate.

Intermediate Inspections

• 22 (1) The owner or master of the ship may elect to undergo an intermediate inspection within the three months before or after the expiration of two years or three years following the date of issuance of its Canadian Oil Pollution Prevention Certificate.

• (2) A ship shall have an intermediate inspection carried out by a steamship inspector to ensure that the ship’s equipment and piping system, including the oil discharge monitoring and control system, crude oil washing system, oily-water separating equipment and oil filtering system, comply with these Regulations.

• (3) If, during an intermediate inspection, the equipment and systems are found to be operating in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship’s Canadian Oil Pollution Prevention Certificate.

Annual Inspections

• 23 (1) In order to ensure that its equipment, fittings, installations and systems are operated and maintained in accordance with these Regulations, every ship shall be inspected by a steamship inspector

  • (a) within the three months before or after the expiration of the one year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate;

  • (b) within the three months before or after the expiration of

    • (i) the three year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate, if an intermediate inspection referred to in subsection 22(1) takes place within the three months before or after the expiration of the two year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate, or

    • (ii) the two year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate, if an intermediate inspection referred to in subsection 22(1) takes place within the three months before or after the expiration of the three year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate; and

  • (c) within the three months before or after the four year period following the date of issuance of its Canadian Oil Pollution Prevention Certificate.

• (2) If, during an annual inspection, the equipment, fittings, installations and systems are found to be operating and maintained in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship’s Canadian Oil Pollution Prevention Certificate.

Inspection of Non-self-Propelled Ships

• 24 (1) Notwithstanding subsection 21(4) and sections 22 and 23, the annual, intermediate and periodic inspections and certification of a non-self-propelled ship may be performed by an approved classification society.

• (2) Where an approved classification society performs an inspection mentioned in subsection (1), it shall notify the Board in writing of the date and results of the inspection.

Special Inspections

• 25 (1) Where any change that results from an accident, the discovery of a defect or major repairs and that affects a ship’s compliance with the conditions subject to which its Canadian Oil Pollution Prevention Certificate has been issued occurs to the construction, equipment, fittings, installations or systems of that ship, the owner or master of the ship shall report that change to the Board in writing.

• (2) The Board may require a steamship inspector to make a special general or partial inspection of a ship referred to in subsection (1) or its equipment, fittings, installations and systems to ensure that the necessary repairs have been made in accordance with these Regulations.

• (3) The owner or master of a ship need not report to the Board minor repairs or the direct replacement of equipment or fittings.

International Oil Pollution Prevention Certificates

• 26 (1) The Board or an approved classification society may, at the request of the owner or master of a Canadian ship, issue that ship an International Oil Pollution Prevention Certificate, provided the ship complies with the applicable provisions of the Pollution Convention.

• (2) Where an approved classification society issues a certificate referred to in subsection (1) to a Canadian ship, the approved classification society shall forward a certified copy of the certificate to the Chairman of the Board.

27 [Repealed, SOR/95-352, s. 14]

PART IIIOil and Oily Mixture Discharges

[Repealed, SOR/2002-425, s. 5]

28 Subject to sections 29, 31, 33 and 34, no oil or oily mixture shall be discharged from a ship in waters under Canadian jurisdiction.

29 Section 28 does not apply if

• (a) a discharge is necessary for the purpose of saving lives or preventing the immediate loss of a ship;

• (b) a discharge occurs as a result of an accident of navigation in which the ship or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seamen;

• (c) minimal and unavoidable leakage occurs due to the operation of an underwater machinery component; or

• (d) a discharge is made for the purpose of scientific research into pollution abatement or control in accordance with permission granted therefor by the Board.

DIVISION I

30 [Repealed, SOR/95-352, s. 16]

Authorized Discharges

31 The discharge of an oily mixture from machinery spaces is authorized from any ship in Division I waters if

• (a) the ship is making way;

• (b) no oily mixture

  • (i) originates in cargo pump room bilges, or

  • (ii) is mixed with oil cargo residues;

• (c) the discharge is processed through oil filtering equipment that

  • (i) produces an undiluted effluent that has an oil content of no more than 15 p.p.m., and

  • (ii) triggers an alarm and a discharge stopping device as soon as the oil content in the effluent exceeds

    • (A) 5 p.p.m., where discharged in inland waters of Canada, or

    • (B) 15 p.p.m., where discharged in fishing zones 1, 2, 3 or in those internal waters that do not include inland waters of Canada; and

• (d) the discharge does not contain chemicals or any other substance introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limits specified in this section.

DIVISION IIAPPLICATION

32 Division II applies in respect of all ships that are in Division II waters and Canadian ships that are seaward of the outermost limits of Division II waters, other than when the ships are within a special area.

Authorized Discharges

• 33 (1) Subject to subsection (2), the discharge of an oily mixture is authorized from any ship in Division II waters if

  • (a) the ship is making way;

  • (b) no oily mixture

    • (i) originates in cargo pump room bilges, or

    • (ii) is mixed with oil cargo residues;

  • (c) the discharge is processed through oil filtering equipment that produces an undiluted effluent having an oil content of no more than 15 p.p.m.; and

  • (d) the discharge does not contain chemicals or any other substance introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limits specified in this section.

• (2) A ship that is put into service before July 6, 1993 may, until July 6, 1998, discharge an oily mixture if the requirements of paragraphs (1)(a), (b) and (d) are met and

  • (a) the ship is more than 12 nautical miles from the nearest land;

  • (b) the discharge is processed through oily-water separating equipment or through oil filtering equipment that produces an undiluted effluent having an oil content of no more than 100 p.p.m.; and

  • (c) in the case of a ship of 10,000 tons gross tonnage or more, the oil discharge monitoring and control system is in operation.

34 The discharge of an oily mixture from cargo spaces is authorized from any oil tanker in Division II waters if

• (a) the oil tanker is making way;

• (b) the oil tanker is more than 50 nautical miles from the nearest land;

• (c) the instantaneous rate of discharge of the oil that is in the effluent does not exceed 30 L per nautical mile;

• (d) the total quantity of oil discharged into the sea does not comprise

  • (i) in the case of an oil tanker that was put into service on or before December 31, 1979, more than 1/15,000 of the cargo of which the oily mixture forms part,

  • (ii) in the case of an oil tanker that is put into service after December 31, 1979, more than 1/30,000 of the cargo of which the oily mixture forms part, or

  • (iii) notwithstanding subparagraph (i), in the case of an oil tanker that is transferred to Canadian registry after February 16, 1993, more than 1/30,000 of the cargo of which the oily mixture forms part; and

• (e) the oil discharge monitoring and control system is in operation and can stop the discharge of any effluent having an oil content greater than that allowed under paragraph (c) or (d).

(2) [Repealed, SOR/95-352, s. 19]

PART IVTransfer Operations

Application

• 35 (1) Sections 36 and 40 and paragraphs 42(b) to (d) and (f) to (j) do not apply in respect of oil tankers of less than 150 tons gross tonnage or in respect of other ships of less than 400 tons gross tonnage.

• (2) Sections 36, 37 and 40 and paragraphs 42(b) to (d) and (g) to (i) do not apply in respect of an unmanned oil tanker from which oil is being unloaded if the oil tanker is not attended by a manned ship and is in an isolated location.

Communications

36 Every ship and every owner or operator of a loading or unloading facility that is engaged in a transfer operation shall, before and during a transfer operation, provide means for two-way voice communication on a continuing basis that enables the supervisor for the ship and the supervisor for the other ship, loading facility or unloading facility, as the case may be,

• (a) to communicate immediately as the need arises; and

• (b) to direct the immediate shutdown of the transfer operation in case of an emergency.

Lighting

• 37 (1) If a transfer operation takes place between sunset and sunrise, every ship and every owner or operator of a loading or unloading facility that is engaged in the transfer operation shall provide illumination that has

  • (a) at each transfer connection point on the ship or facility, a lighting intensity of not less than 54 lx; and

  • (b) at each transfer operation work area around each transfer connection point on the ship or facility, a lighting intensity of not less than 11 lx.

• (2) The lighting intensity shall be that measured on a horizontal plane 1 m above the walking surface, in the case of a loading or unloading facility, and 1 m above the working deck, in the case of a ship.

Transfer Conduits

• 38 (1) A transfer conduit shall not be used in a transfer operation unless it

  • (a) has a bursting pressure of not less than four times its maximum working pressure;

  • (b) is clearly marked with its maximum working pressure; and

  • (c) has been tested hydrostatically to a pressure equal to one and one-half times its maximum working pressure, at least once during the year immediately preceding its use, and has successfully passed that test.

• (2) A test certificate of the test referred to in paragraph (1)(c) shall be made available, on request, to a pollution prevention officer.

• (3) Every conduit shall be used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

• (4) If any conduit or connection leaks during a transfer operation, the operation shall, as soon as is practicable, be slowed down or stopped to remove the pressure from the conduit or connection.

Reception Facility — Standard Discharge Connections

39 Every owner or operator of a reception facility that receives oily residues and sludge from a ship’s machinery space bilges and sludge tank shall equip the reception facility with a piping system that, at its ship side end, is fitted with a standard discharge connection that meets the requirements of Regulation 19 of Annex I.

Supervision of Transfer Operations on board Ships

• 40 (1) The owner of a ship shall ensure that every transfer operation carried out for the ship is supervised by the person referred to in subsection (2), who shall ensure that all reasonable precautions are taken to avoid the discharge of oil into the water.

• (2) The supervisor shall be the holder of

  • (a) an officer’s certificate that meets the requirements of the Canada Shipping Act for that type of ship; or

  • (b) in the case of an oil barge, documentary evidence issued by a steamship inspector that certifies the person’s competence to supervise a transfer operation.

• (3) and (4) [Repealed, SOR/95-352, s. 20]

41 [Repealed, SOR/2004-28, s. 1]

Duties of Transfer Operations Supervisors on board Ships

42 The supervisor of a transfer operation for a ship shall ensure that

• (a) the ship is satisfactorily secured, having regard to the weather and tidal and current conditions, and that the mooring lines are tended so that the movement of the ship does not damage the transfer conduit and its connections;

• (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the loading facility, unloading facility or other ship, as the case may be, with respect to

  • (i) the rates of flow and pressures for the transferred liquid,

  • (ii) the reduction of rates of flow and pressures where required to avoid any overflow of the tanks,

  • (iii) the time required to stop the transfer operation under normal conditions,

  • (iv) the time required to shut down the transfer operation under emergency conditions, and

  • (v) the communication signals for the transfer operation, including

    • (A) stand by to start transfer,

    • (B) start transfer,

    • (C) slow down transfer,

    • (D) stand by to stop transfer,

    • (E) stop transfer,

    • (F) emergency stop of transfer, and

    • (G) emergency shutdown of transfer;

• (c) the supervisor of the transfer operation at the loading facility, unloading facility or other ship, as the case may be, has reported readiness for the commencement of the transfer operation;

• (d) the person who is on duty on that ship in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the ship’s tanks to ensure that they do not overflow and maintains continuous communication with that person’s counterpart on the loading or unloading facility or on the other ship, as the case may be;

• (e) the manifold valves and tank valves on the ship are not closed until the relevant pumps are stopped, if that closing would cause dangerous over-pressurization of the pumping system;

• (f) the rate of flow is reduced when topping off the tanks;

• (g) the supervisor of the transfer operation at the loading or unloading facility or for the other ship is given sufficient notice of the stopping of the transfer operation so as to permit that supervisor to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;

• (h) the following measures are taken to prevent oily discharge, namely,

  • (i) all cargo and bunker manifold connections that are not being used in the transfer operation are securely closed and fitted with blank flanges or other equivalent means of closure,

  • (ii) all overboard discharge valves are securely closed and marked to indicate that they are not to be opened during the transfer operation, and

  • (iii) all scuppers are plugged;

• (i) a supply of peat moss or other absorbent material is readily available near every transfer conduit to facilitate the clean-up of any minor spillage that may occur on the ship or on the shore; and

• (j) all transfer conduits that are used in the transfer operation are supported to prevent them and their connections from being subject to strain that might damage or disconnect them.

43 [Repealed, SOR/2004-28, s. 2]

Emergencies

44 In the event of an emergency during a transfer operation, the master of a ship or the supervisor for a ship shall take all necessary measures to rectify or minimize the effects of the emergency.

Reception Facility Receipts for Ships

• 45 (1) The master of a ship shall obtain from the owner or operator of a reception facility a receipt that sets out the type and amount of oily residues discharged from the ship and the date on which they were discharged.

• (2) The master of the ship shall retain the receipt for a period of one year after the date of its issuance and shall produce it when requested to do so by a pollution prevention officer.

PART VShipboard Emergency Plans and Declarations

Shipboard Oil Pollution Emergency Plan

45.1 This Part applies in respect of oil tankers of 150 tons gross tonnage or more and other ships of 400 tons gross tonnage or more in waters under Canadian jurisdiction.

• 45.2 (1) Every oil tanker of 150 tons gross tonnage or more and every other ship of 400 tons gross tonnage or more that carries oil as fuel or cargo shall keep on board an English or French version of a shipboard oil pollution emergency plan that is in accordance with Resolution MEPC.54(32).

• (2) The owner of every Canadian oil tanker of 150 tons gross tonnage or more and every other Canadian ship of 400 tons gross tonnage or more that carries oil as fuel or cargo shall submit four copies of the shipboard oil pollution emergency plan to the Minister.

Declaration Pursuant to Paragraph 660.2(2)(c) of the Act

45.3 The declaration referred to in paragraph 660.2(2)(c) of the Act shall be in the form set out

• (a) in Schedule I, for a ship that is in waters south of the sixtieth parallel of north latitude; and

• (b) in Schedule II, for a ship that is in waters north of the sixtieth parallel of north latitude.

PART V.IShips Registered in a State that Is Not a Signatory to the Pollution Convention

46 Any ship registered in a state that is not a signatory to the Pollution Convention shall comply with these Regulations in addition to the applicable regulations made under Part V of the Canada Shipping Act, before operating in waters under Canadian jurisdiction.

PART VIPollution Convention

47 [Repealed, SOR/95-352, s. 22]

48 The Administration referred to in Annex I is represented by the Minister, the steamship inspectors appointed under section 301 of the Canada Shipping Act and the pollution prevention officers appointed under paragraph 661(1)(a) of that Act, all of whom are charged with the application of the provisions of Annex I.

49 [Repealed, SOR/2002-425, s. 9]