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

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canada Shipping Act, 2001. (Loi)

  anti-fouling system

  anti-fouling system means a coating, paint, surface treatment, surface or device that is used on a vessel to control or prevent the attachment of unwanted organisms. (système antisalissure)

  Anti-fouling Systems Convention

  Anti-fouling Systems Convention means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001. (Convention sur le contrôle des systèmes antisalissure)

  arctic waters

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

  a similar stage of construction

  a similar stage of construction means the stage at which

  • (a) construction identifiable with a specific vessel begins; and

  • (b) assembly of that vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material. (la construction se trouve à un stade équivalent)

  BCH Code

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

  Board

  Board means the Marine Technical Review Board established under section 26 of the Act. (Bureau)

  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)

  cargo residues

  cargo residues means the remnants of any cargo material on board a vessel that cannot be placed in proper cargo holds (loading excess and spillage) or that remain in cargo holds or elsewhere after unloading procedures are completed (unloading residual and spillage) and includes cargo sweepings. (résidus de cargaison)

  cargo vessel

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

  carried in packaged form

  carried in packaged form means carried in a receptacle that has a net mass not exceeding 400 kg or a capacity not exceeding 450 L. (transporté en colis)

  Certificate of Fitness for an Offshore Support Vessel

  Certificate of Fitness for an Offshore Support Vessel means a Certificate of Fitness referred to in Resolution A.673(16). (certificat d’aptitude pour un bâtiment de servitude au large)

  chemical tanker

  chemical tanker means a vessel that was constructed or adapted for the carriage in bulk of any dangerous chemical. (bâtiment-citerne pour produits chimiques)

  combination carrier

  combination carrier means a vessel designed to carry oil or solid cargoes in bulk. (transporteur mixte)

  crude oil

  crude oil means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes

  • (a) crude oil from which distillate fractions have been removed; and

  • (b) crude oil to which distillate fractions have been added. (pétrole brut)

  crude oil tanker

  crude oil tanker means an oil tanker engaged in the trade of carrying crude oil. (transporteur de pétrole brut)

  dangerous chemical

  dangerous chemical means any liquid substance listed in chapter 17 of the IBC Code. (produit chimique dangereux)

  deadweight

  deadweight means the difference in tonnes between the displacement of a vessel in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the vessel. (port en lourd)

  emission control area

  emission control area means

  • (a) for the purposes of section 110.3,

    • (i) the North American Emission Control Area, and

    • (ii) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL; and

  • (b) for the purposes of section 111,

    • (i) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL,

    • (ii) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL,

    • (iii) the North American Emission Control Area, and

    • (iv) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL. (zone de contrôle des émissions)

  en route

  en route, in respect of a vessel, means being underway on a course that, so far as feasible for navigational purposes, will cause any discharge to be spread over as great an area as is reasonably feasible. (fait route)

  fishing zone

  fishing zone has the same meaning as a fishing zone of Canada described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order, the Fishing Zones of Canada (Zones 4 and 5) Order or the Fishing Zones of Canada (Zone 6) Order. (zone de pêche)

  foreign pleasure craft

  foreign pleasure craft means a pleasure craft that is not a Canadian vessel or a Canadian pleasure craft. (embarcation de plaisance étrangère)

  from the nearest land

  from the nearest land means seaward from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that off the northeastern coast of Australia it has the same meaning as in Annexes I, II, IV and V to MARPOL. (à partir de la terre la plus proche)

  garbage

  garbage means all kinds of victual, domestic and operational waste that is generated during the normal operation of a vessel and that is likely to be disposed of continuously or periodically, and includes plastics, dunnage, lining and packing materials, galley wastes and refuse such as paper products, rags, glass, metal, bottles, crockery, incinerator ash and cargo residues. However, it does not include fresh fish, fresh fish parts, oil, oily mixtures, noxious liquid substances, liquid substances that are listed in chapter 18 of the IBC Code and categorized as OS in the Pollution Category column of that chapter, liquid substances that are provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling outside category X, Y or Z, substances listed in Schedule 1, marine pollutants, sewage or sewage sludge. (ordures)

  gas carrier

  gas carrier means a cargo vessel that was constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO. (transporteur de gaz)

  Great Lakes and St. Lawrence waters

  Great Lakes and St. Lawrence waters means the Great Lakes and the St. Lawrence River and their connecting waters, and the Gulf of St. Lawrence to the baseline of the territorial sea. (eaux des Grand Lacs et du fleuve Saint-Laurent)

  handling facility

  handling facility means any shore or sea installation that is used for the loading or unloading of oil, oily mixtures, noxious liquid substances or dangerous chemicals to or from vessels. (installation de manutention)

  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)

  IMO

  IMO means the International Maritime Organization. (OMI)

  inland waters of Canada

  inland waters of Canada, except in Division 4 of Part 2, has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

  installed

  installed, in respect of a marine diesel engine, means that the engine is fitted on a vessel, and that the engine’s cooling or exhaust system is an integral part of the vessel or that the engine’s fuelling system is permanently affixed to the vessel. (installé)

  lightweight

  lightweight means the displacement of a vessel in tonnes without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, or passengers and crew and their effects. (poids lège)

  liquid substance

  liquid substance means a substance that is in liquid form and has a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8°C. (substance liquide)

  machinery spaces

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

  major conversion

  major conversion means, in the case of a vessel referred to in Division 1, 2, 4 or 6 of Part 2, a conversion of a vessel that

  • (a) substantially alters the dimensions or carrying capacity of the vessel;

  • (b) changes the type of the vessel;

  • (c) is intended to substantially prolong the life of the vessel; or

  • (d) alters the vessel such that it becomes subject to any provision of that Division that would not be applicable to it otherwise. (transformation importante)

  marine diesel engine

  marine diesel engine means any reciprocating internal combustion engine operating on liquid or dual fuel, including any booster system or compound system. (moteur diesel marin)

  marine pollutants

  marine pollutants has the same meaning as harmful substances in regulation 1 of Annex III to MARPOL, and includes packaging that has been used for the carriage of a harmful substance unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment. (polluants marins)

  marine sanitation device

  marine sanitation device means any equipment that is installed on a vessel and is designed to receive and treat sewage. (appareil d’épuration marine)

  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)

  NLS tanker

  NLS tanker means a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk. (bâtiment-citerne SLN)

  North American Emission Control Area

  North American Emission Control Area means the North American area described in Appendix VII to Annex VI to MARPOL. (zone de contrôle des émissions de l’Amérique du Nord)

  NO_x Technical Code

  NO_x Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines, published by the IMO. (Code technique sur les NO_x)

  noxious liquid substance

  noxious liquid substance means a liquid substance, alone or in a mixture with other substances, that is listed in chapter 17 or 18 of the IBC Code and categorized as Category X, Y or Z in the Pollution Category column of the chapter in which it is listed, or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z. (substance liquide nocive)

  offshore support vessel

  offshore support vessel means a vessel to which Resolution A.673(16) applies. (bâtiment de servitude au large)

  oil tanker

  oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier, an NLS tanker and a gas carrier that is carrying a cargo or part cargo of oil in bulk. (pétrolier)

  oily mixture

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

  ozone-depleting substance

  ozone-depleting substance means a controlled substance as defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer. (substance qui appauvrit la couche d’ozone)

  passenger vessel

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

  plastics

  plastics includes

  • (a) synthetic ropes, synthetic fishing nets and plastic garbage bags; and

  • (b) incinerator ash that is from plastics and may contain toxic or heavy metal residues. (matières plastiques)

  ppm

  ppm means parts per million, by volume. (ppm)

  residual chlorine content

  residual chlorine content means the quantity of free available chlorine determined to be in effluent when it is tested in accordance with the amperometric titration method described in section 4500-Cl D of the Standard Methods. (chlore résiduel)

  Resolution A.673(16)

  Resolution A.673(16)Resolution A.673(16) means the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16). (résolution A.673(16))

  Resolution MEPC.107(49)

  Resolution MEPC.107(49)Resolution MEPC.107(49) means the Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships, the Annex to IMO Resolution MEPC.107(49). (résolution MEPC.107(49))

  Resolution MEPC.184(59)

  Resolution MEPC.184(59)Resolution MEPC.184(59) means the Annex to the 2009 Guidelines for Exhaust Gas Cleaning Systems, IMO Resolution MEPC.184(59). (résolution MEPC.184(59))

  Section I waters

  Section I waters means fishing zone 1, fishing zone 2, fishing zone 3 and

  • (a) for the purposes of Division 1 of Part 2, any other portion of the internal waters of Canada that is not in arctic waters; and

  • (b) for the purposes of Divisions 4, 5 and 7 of Part 2, any other portion of the internal waters of Canada that is not in a shipping safety control zone. (eaux de la section I)

  Section II waters

  Section II waters means waters under Canadian jurisdiction that are not in

  • (a) fishing zone 1, fishing zone 2, fishing zone 3 or any other portion of the internal waters of Canada; or

  • (b) arctic waters. (eaux de la section II)

  segregated ballast

  segregated ballast means ballast water that is introduced into a tank that is completely separated from the cargo-oil system and oil-fuel system and permanently allocated to the carriage of ballast or to the carriage of ballast and cargoes other than oil, noxious liquid substances or substances listed in Schedule 1. (ballast séparé)

  sewage

  sewage means

  • (a) human body wastes and wastes from other living animals;

  • (b) drainage and other wastes from toilets and other receptacles intended to receive or retain human body wastes;

  • (c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;

  • (d) drainage from spaces containing living animals; and

  • (e) other drainage or wastes when mixed with the drainage or other wastes referred to in paragraph (a), (b), (c) or (d). (eaux usées)

  shipboard incinerator

  shipboard incinerator means a shipboard facility designed for the primary purpose of incineration on board a vessel of wastes or other matter generated during the normal operation of the vessel. (incinérateur de bord)

  shipping safety control zone

  shipping safety control zone has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (zone de contrôle de la sécurité de la navigation)

  sludge oil

  sludge oil means sludge from the fuel oil or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, and waste oil from bilge water separators, oil filtering equipment or drip trays. (boues d’hydrocarbures)

  smoke

  smoke means any solid, liquid, gas or combination of them produced by the combustion of fuel, and includes particulate matter. (fumée)

  Standard Methods

  Standard Methods means the Standard Methods for the Examination of Water and Wastewater, jointly published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. (Standard Methods)

  transfer operation

  transfer operation means

  • (a) for the purposes of Division 1 of Part 2,

    • (i) the loading of oil or an oily mixture in bulk to a vessel from a handling facility or another vessel, or

    • (ii) the unloading of oil or an oily mixture in bulk from a vessel to a handling facility or another vessel; and

  • (b) for the purposes of Division 2 of Part 2,

    • (i) the loading of a noxious liquid substance or dangerous chemical in bulk to a vessel from a handling facility or another vessel, or

    • (ii) the unloading of a noxious liquid substance or dangerous chemical in bulk from a vessel to a handling facility or another vessel. (opération de transbordement)

  waters under Canadian jurisdiction

  waters under Canadian jurisdiction means

  • (a) Canadian waters; and

  • (b) waters in the exclusive economic zone of Canada. (eaux de compétence canadienne)

• Marginal note:Date vessel is constructed

  (2) For the purposes of these Regulations, a vessel is constructed on the earlier of

  • (a) the day on which its keel is laid, and

  • (b) the day on which a similar stage of construction is reached.

• Marginal note:Authorized representative

  (3) 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 operator of the pleasure craft.

• Marginal note:Certificates

  (4) For the purposes of these Regulations, a reference to a certificate that a vessel is required to hold and keep on board is to be read as a reference to

  • (a) if the vessel is a Canadian vessel or a Canadian pleasure craft, a certificate issued under these Regulations; and

  • (b) if the vessel is a foreign vessel or a foreign pleasure craft, a certificate issued in English, French or Spanish by or on behalf of the government of the state whose flag the vessel is entitled to fly.

Marginal note:Referenced documents — as amended from time to time

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

• Marginal note:Administration

  (2) For the purposes of these Regulations, wherever the term “Administration” appears in a document incorporated by reference into these Regulations, it means

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, the Minister; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, the government of the state whose flag the vessel is entitled to fly.

• Marginal note:Inconsistencies

  (3) In the event of an inconsistency between a definition in a document incorporated by reference into these Regulations and any other definition in these Regulations, that other definition prevails to the extent of the inconsistency.

• Marginal note:Should

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

• Marginal note:Footnotes

  (5) For the purposes of these Regulations, guidelines, recommendations, requirements and similar matters set out in a document referred to in a footnote to a document incorporated by reference into these Regulations are to be considered mandatory.

Application

Marginal note:Application

• 3 (1) Except as otherwise provided, these Regulations apply in respect of

  • (a) vessels in waters under Canadian jurisdiction; and

  • (b) Canadian vessels everywhere.

• Marginal note:Vessels engaged in exploration or drilling

  (2) These Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except when the vessel is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

• Marginal note:Government vessels

  (3) Sections 187 and 189 of the Act and these Regulations do not apply in respect of government vessels.

• Marginal note:Vessels owned or operated by a foreign state

  (4) These Regulations, other than sections 5, 30, 31, 101 and 102, do not apply in respect of vessels that are owned or operated by a foreign state when they are being used only in government non-commercial service.

PART 1General

Pollutants

Marginal note:Prescribed pollutants

4 For the purposes of sections 187 and 189 of the Act, the following substances are prescribed pollutants:

• (a) oil and any oily mixture;

• (b) garbage; and

• (c) organotin compounds that act as biocides.

Marginal note:Exceptions to prohibited discharges

5 For the purposes of section 187 of the Act and sections 7, 29, 67, 82, 95, 100 and 126, substances may be discharged, and for the purposes of subsection 109(1) and section 110.6, substances may be emitted, if

• (a) the discharge or emission is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel;

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

• (c) the discharge is a minimal and unavoidable leakage of oil that occurs as a result of the operation of an underwater machinery component;

• (d) the discharge is an accidental loss of a synthetic fishing net and all reasonable precautions were taken to prevent the loss;

• (e) the discharge is a discharge of garbage that results from damage to a vessel or its equipment, and all reasonable precautions were taken

  • (i) before the occurrence of the damage to prevent and minimize the discharge, and

  • (ii) after the occurrence of the damage to minimize the discharge; or

• (f) the emission involves pollution of the air and results from damage to a vessel or its equipment, and all reasonable precautions were taken

  • (i) before the occurrence of the damage to prevent and minimize the emission, and

  • (ii) after the occurrence of the damage to minimize the emission.

Detection of Violations and Enforcement of MARPOL

Marginal note:Article 6 of MARPOL

• 6 (1) The Minister may board a foreign vessel and take action under Article 6 of MARPOL, including inspecting the vessel for the purpose of paragraph 5 of that Article.

• Marginal note:If MARPOL does not apply

  (2) In the case of a foreign vessel to which MARPOL does not apply, Article 6 applies as though MARPOL applied to the vessel.

Canadian Vessels in Special Areas

Marginal note:Oil and oily mixtures

• 7 (1) A Canadian vessel, and a person on a Canadian vessel, must not discharge oil or an oily mixture in any of the following areas except in accordance with the requirements of regulations 15 and 34 of Annex I to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  • (a) the Mediterranean Sea area, as defined in regulation 1.11.1 of Annex I to MARPOL;

  • (b) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL;

  • (c) the Black Sea area, as defined in regulation 1.11.3 of Annex I to MARPOL;

  • (d) the Gulfs area, as defined in regulation 1.11.5 of Annex I to MARPOL;

  • (e) the Antarctic area, as defined in regulation 1.11.7 of Annex I to MARPOL;

  • (f) the North West European waters, as defined in regulation 1.11.8 of Annex I to MARPOL;

  • (g) the Southern South African waters, as defined in regulation 1.11.10 of Annex I to MARPOL; and

  • (h) Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL.

• Marginal note:Noxious liquid substances

  (2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S or in arctic waters as defined in regulation 21.2 of Annex II to MARPOL, except in the circumstances set out in section 5 that apply in respect of the discharge.

• Marginal note:Garbage

  (3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas that are not under Canadian jurisdiction, except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge:

  • (a) special areas, as defined in regulation 1.14 of Annex V to MARPOL; and

  • (b) Arctic waters, as defined in regulation 5.2 of Annex V to MARPOL.

8 [Repealed, SOR/2013-68, s. 3]

Equipment

Marginal note:Requirements

• 9 (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any equipment that is referred to in paragraph 25(2)(a), subsection 93(2), paragraph 111.2(a) or 122(1)(b) or subsection 131.1(6) and that is on the vessel

  • (a) is of a type approved by the Minister as meeting the applicable requirements of these Regulations; and

  • (b) is maintained in good working order.

• Marginal note:Prohibition

  (2) A person must not operate equipment referred to in subsection (1) that no longer meets the applicable requirements.

Marginal note:Certificate of type approval

10 On application, the Minister must issue a certificate of type approval for any equipment referred to in subsection 9(1) if the Minister determines that the equipment meets the applicable requirements of these Regulations.

PART 2Specific Provisions

DIVISION 1Oil

SUBDIVISION 1Construction and Equipment

Marginal note:Plans and specifications

11 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 and Subdivision 7.

Marginal note:Equipment requirements

• 12 (1) The authorized representative of an oil tanker of 150 gross tonnage or more, or of any other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must ensure that

  • (a) in the case of an oil tanker, it

    • (i) meets the requirements of regulations 25.1 to 25.4 of Annex I to MARPOL respecting the hypothetical outflow of oil requirements,

    • (ii) meets the requirements of regulations 26.2 to 26.6 of Annex I to MARPOL respecting the size limitation and arrangements of cargo tanks,

    • (iii) meets the requirements of regulations 27, 28.1 to 28.4 and 28.6 of Annex I to MARPOL respecting subdivision and stability,

    • (iv) has slop tank arrangements that meet the requirements of regulation 29 of Annex I to MARPOL,

    • (v) is fitted with pumping, piping and discharge arrangements that meet the requirements of regulations 30.1 to 30.4 of Annex I to MARPOL,

    • (vi) is fitted with an oil discharge monitoring and control system that meets the requirements of regulation 31 of Annex I to MARPOL, and

    • (vii) is fitted with oil-water interface detectors that meet the requirements of regulation 32 of Annex I to MARPOL;

  • (b) in the case of a crude oil tanker of 20 000 tonnes deadweight or more but less than 40 000 tonnes deadweight, it meets the requirements of paragraph (a) and is fitted with

    • (i) segregated ballast tanks that meet the requirements of regulations 18.2 and 18.12 to 18.15 of Annex I to MARPOL, and

    • (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  • (c) in the case of an oil tanker of 30 000 tonnes deadweight or more engaged in carrying oil other than crude oil as cargo, it meets the requirements of subparagraph (b)(i) or, if the tanker is of 40 000 tonnes deadweight or more, was constructed before July 31, 1995 and has not undergone a major conversion since that date, it operates with dedicated clean ballast tanks that meet the requirements of regulation 18.8 of Annex I to MARPOL;

  • (d) in the case of a crude oil tanker of 40 000 tonnes deadweight or more, it is fitted with

    • (i) segregated ballast tanks that meet the requirements of regulations 18.2 and 18.12 to 18.15 of Annex I to MARPOL, or

    • (ii) a crude oil washing system and associated equipment and arrangements that meet the requirements of regulation 33.2 of Annex I to MARPOL;

  • (e) in the case of a vessel of 400 gross tonnage or more, unless it engages only on voyages in Section I waters and is fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water, it is fitted with

    • (i) oil filtering equipment, alarm arrangements and automatic stopping arrangements that meet the requirements of regulation 14 of Annex I to MARPOL, or

    • (ii) if it is of less than 10 000 gross tonnage and engages on voyages in Section II waters, oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL; and

  • (f) in the case of a vessel that engages only on voyages in the inland waters of Canada and is not fitted with a holding tank that has a volume adequate for the retention on board of oily mixtures from the machinery space bilges, it is fitted with oil filtering equipment that meets the requirements of regulation 14 of Annex I to MARPOL, with a 5 ppm bilge alarm that meets the requirements of section 13 and with an automatic stopping arrangement that is substantially similar to that referred to in regulation 14.7 of Annex I to MARPOL.

• Marginal note:Non-application of subparagraph (1)(a)(i)

  (2) Subparagraph (1)(a)(i) does not apply in respect of an oil tanker

  • (a) for which the building contract is placed after December 31, 2006;

  • (b) that is constructed after June 30, 2007, in the absence of a building contract;

  • (c) that is delivered after January 9, 2010; or

  • (d) that undergoes a major conversion

    • (i) for which the building contract is placed after December 31, 2006,

    • (ii) for which the construction work begins after June 30, 2007, in the absence of a building contract, or

    • (iii) that is completed after December 31, 2009.

• Marginal note:Limited application of subparagraph (1)(a)(ii)

  (3) Subparagraph (1)(a)(ii) applies only in respect of an oil tanker referred to in regulation 26.1 of Annex I to MARPOL that is not an oil tanker delivered on or after 1 January 2010 as defined in regulation 1.28.8 of that Annex.

• Marginal note:Non-application of subparagraphs (1)(a)(iv), (vi) and (vii)

  (4) Subparagraphs (1)(a)(iv), (vi) and (vii) do not apply in respect of an oil tanker that

  • (a) engages exclusively in carrying cargoes of asphalt or similar oils that, through their physical properties, inhibit the effective separation of oil and water and effective monitoring of the discharge of oil; or

  • (b) engages only on voyages that

    • (i) are in waters under Canadian jurisdiction within 50 nautical miles from the nearest land, other than in shipping safety control zones, and are of 72 hours or less in duration, or

    • (ii) are in shipping safety control zones.

• Marginal note:Non-application of subparagraphs (1)(a)(vi) and (vii)

  (5) Subparagraphs (1)(a)(vi) and (vii) do not apply in respect of an oil tanker that engages only on voyages in waters under Canadian jurisdiction within 50 nautical miles from the nearest land or in shipping safety control zones.

• Marginal note:Non-application of subparagraphs (1)(a)(iv) to (vii)

  (6) Subparagraphs (1)(a)(iv) to (vii) do not apply in respect of an oil tanker that does not have mechanical means of propulsion and cannot wash or ballast its cargo tanks while en route.

• Marginal note:Limited application of paragraphs (1)(b) to (d)

  (7) Paragraphs (1)(b) to (d) apply only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL.

• Marginal note:Application of paragraph (1)(e) in shipping safety controls zones

  (8) Despite paragraph (1)(e), a vessel of 400 gross tonnage or more that engages on voyages in shipping safety control zones must be fitted with a holding tank that has a volume adequate for the retention on board of oily bilge water. The vessel is required to meet the requirements of subparagraph (1)(e)(i) or (ii) only if the vessel also engages on voyages in Section II waters.

• Marginal note:Non-application of paragraphs (1)(e) and (f)

  (9) Paragraphs (1)(e) and (f) do not apply in respect of a vessel that does not have mechanical means of propulsion or a total auxiliary power of 400 kW or more.

• Marginal note:Oily-water separating equipment

  (10) For the purposes of paragraph (1)(e) and the requirements of regulation 14 of Annex I to MARPOL in respect of oil filtering equipment, oily-water separating equipment that was installed before July 31, 1995 may be used if a process unit that meets the requirements of Appendix 1 to the 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, the Annex to IMO Resolution A.444(XI), is attached to the equipment.

Marginal note:5 ppm bilge alarms

• 13 (1) The 5 ppm bilge alarm required under paragraph 12(1)(f) must

  • (a) meet the requirements of Part 2 of the Annex to Resolution MEPC.107(49);

  • (b) have an oil content meter that can detect and measure 5 ppm or less of oil in a vessel’s machinery space bilge water overboard discharge;

  • (c) have automatic stopping arrangements; and

  • (d) meet the requirements of section 7 of the Standard for 5 ppm Bilge Alarms for Canadian Inland Waters, TP 12301, published by Transport Canada.

• Marginal note:Grandfathering

  (2) Paragraphs (1)(a) and (d) do not apply in respect of a 5 ppm bilge alarm installed before May 3, 2007 on a vessel constructed before January 1, 2005 if the alarm meets the applicable requirements of subparagraph 8(1)(e)(ii) of the Oil Pollution Prevention Regulations as they read on May 2, 2007.

Marginal note:Containers or enclosed deck areas for bunkering operations

• 14 (1) The authorized representative of a vessel of 100 gross tonnage or more must ensure that it is fitted with a container or has an enclosed deck area that, under even-keel conditions,

  • (a) can retain oil that might leak or spill during bunkering operations;

  • (b) has a capacity of not less than 0.08 m³ if the vessel is of less than 400 gross tonnage or not less than 0.16 m³ if the vessel is of 400 gross tonnage or more; and

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

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that

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

  • (b) 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.

Marginal note:Containers or enclosed deck areas for oil tankers

• 15 (1) The authorized representative of an oil tanker must ensure that each oil cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  • (a) can retain oil that might leak or spill during transfer operations;

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

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

• Marginal note:Volume

  (2) If the largest conduit serving an oil cargo manifold or a cargo transfer connection point on an oil tanker has an inside diameter set out in column 1 of the table to this subsection, the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

  	Column 1	Column 2
  Item	Inside Diameter	Volume of Container 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

Marginal note:Tanks for oily residue and sludge oil

16 The authorized representative of a vessel of 400 gross tonnage or more must ensure that it is fitted with tanks that

• (a) have an adequate capacity, having regard to the type of machinery fitted on the vessel and the vessel’s usual length of voyage, to receive the vessel’s oily residues and sludge oil; and

• (b) are designed and constructed so as to facilitate their cleaning.

Marginal note:Oil fuel tank protection

• 17 (1) The authorized representative of a vessel that is delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, and has an aggregate oil fuel capacity of 600 m³ or more must ensure that the requirements of regulation 12A of that Annex are met.

• Marginal note:Small oil fuel tanks

  (2) Subsection (1) does not apply in respect of an oil fuel tank that has a capacity of 30 m³ or less if the aggregate capacity of all such tanks on the vessel is 600 m³ or less.

Marginal note:Forepeak tanks and tanks forward of the collision bulkhead

18 The authorized representative and the master of a vessel of 400 gross tonnage or more that is put into service after February 15, 1993 must ensure that it is does not carry oil in a forepeak tank or in a tank forward of the collision bulkhead.

Marginal note:Cargo spaces in vessels other than oil tankers

• 19 (1) If a vessel, other than an oil tanker, is fitted with cargo spaces that are constructed and used for carrying oil in bulk and have an aggregate capacity of at least 200 m³,

  • (a) the vessel’s authorized representative must ensure that the requirements of regulation 26.4 of Annex I to MARPOL, subparagraphs 12(1)(a)(iv) to (vii), sections 15 and 18 and Subdivision 7 are met in respect of the vessel;

  • (b) the vessel’s master must ensure that the requirements of section 18 and subsection 40(7) are met in respect of the vessel; and

  • (c) the vessel must keep on board an equipment operation manual for its oil discharge monitoring and control system that meets the requirements of regulation 31.4 of Annex I to MARPOL.

• Marginal note:Exception — capacity of less than 1 000 m³

  (2) Despite paragraph (1)(a), if the cargo spaces have an aggregate capacity of less than 1 000 m³ and the vessel is equipped with installations that can retain on board contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility, the vessel’s authorized representative need not ensure that the requirements of subparagraphs 12(1)(a)(iv), (vi) and (vii) are met.

Marginal note:Pumps

• 20 (1) The authorized representative of a vessel of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped with one or more pumps that can transfer oily residues from its machinery space bilges and sludge oil tanks through a piping system to a reception facility.

• Marginal note:Piping systems

  (2) The vessel’s authorized representative must ensure that the piping system has

  • (a) a stop valve that is accessible from the weather deck; and

  • (b) an outlet that is accessible from the weather deck and is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.

• Marginal note:Connections overboard

  (3) The vessel’s authorized representative must ensure that the piping to and from sludge oil tanks has no direct connection overboard other than the standard discharge connection.

Marginal note:Means for stopping discharge pumps

21 The authorized representative of a Canadian vessel, or a Canadian pleasure craft, of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped on the weather deck with a means for stopping each pump that is used to discharge oily residues and sludge oil.

Marginal note:Retention or discharge equipment — oil tankers of 150 gross tonnage or less

• 22 (1) The authorized representative of an oil tanker of 150 gross tonnage or less must ensure that it is equipped with

  • (a) installations that can retain on board oily residues, contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility; or

  • (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

• Marginal note:Retention or discharge equipment — vessels of less than 400 gross tonnage

  (2) The authorized representative of a vessel of less than 400 gross tonnage that carries oil as fuel or as cargo must ensure that the vessel is equipped with

  • (a) installations that can retain on board oily residues for the purpose of their subsequent transfer to a reception facility; or

  • (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.

SUBDIVISION 2Certificates, Endorsements and Inspections

Marginal note:Issuance of Canadian Oil Pollution Prevention Certificates

• 23 (1) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue a Canadian Oil Pollution Prevention Certificate to the vessel if the applicable requirements of this Division are met.

• Marginal note:Issuance of International Oil Pollution Prevention Certificates

  (2) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Oil Pollution Prevention Certificate to the vessel if the applicable requirements of Annex I to MARPOL are met.

Marginal note:Endorsement of Canadian Oil Pollution Prevention Certificates

• 24 (1) The authorized representative of a vessel that holds a Canadian Oil Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

• Marginal note:Endorsement of International Oil Pollution Prevention Certificates

  (2) The authorized representative of a vessel that holds an International Oil Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 6.1.3, 6.1.4 and 7.2 of Annex I to MARPOL.

• Marginal note:Inspection

  (3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 23 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

• Marginal note:Non-application

  (4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 3Shipboard Documents

Marginal note:Certificates

• 25 (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more, that carries oil as cargo or as fuel must hold and keep on board

  • (a) a Canadian Oil Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction;

  • (b) an International Oil Pollution Prevention Certificate that is in the form set out in appendix II to Annex I to MARPOL, if the vessel

    • (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL; or

  • (c) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex I to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to MARPOL.

• Marginal note:Certificates of type approval, etc.

  (2) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board

  • (a) a copy of the certificate of type approval for any of the following equipment that is fitted on the vessel:

    • (i) a 100 ppm oily-water separator and a process unit,

    • (ii) oil filtering equipment,

    • (iii) an oil content meter for the equipment referred to in subparagraph (i) or (ii),

    • (iv) an oil content meter for an oil discharge monitoring and control system, and

    • (v) an oil-water interface detector;

  • (b) in respect of the equipment referred to in subparagraphs (a)(iii) and (iv), a calibration certificate issued by or on behalf of its manufacturer;

  • (c) in the case of an oil tanker, the information referred to in regulation 28.5 of Annex I to MARPOL relative to loading and distribution of cargo and the data referred to in that regulation on the ability of the tanker to comply with damage stability criteria;

  • (d) in the case of an oil tanker fitted with an oil discharge monitoring and control system, an equipment operation manual that meets the requirements of regulation 31.4 of Annex I to MARPOL;

  • (e) in the case of a crude oil tanker of 20 000 tonnes deadweight or more,

    • (i) an Operations and Equipment Manual for the tanker’s crude oil washing system that meets the requirements of regulation 35.1 of Annex I to MARPOL and, if the tanker is a Canadian vessel, that is approved by the Minister as meeting those requirements, and

    • (ii) instruction manuals for the tanker’s inert gas system that contain the information and operational instructions referred to in section 11 of Inert Gas Systems, 1990 edition, published by the IMO, and, if the tanker is a Canadian vessel, that are approved by the Minister as meeting the requirements of that section; and

  • (f) in the case of a combination carrier in respect of which the Minister or, in the case of a combination carrier that is a foreign vessel, the government of the state whose flag the carrier is entitled to fly has allowed simple supplementary operational procedures for liquid transfer operations under regulation 27.2 of Annex I to MARPOL, procedures that meet the requirements of regulation 27.3 of that Annex.

• Marginal note:Subparagraph (2)(e)(ii)

  (3) Subparagraph (2)(e)(ii) applies

  • (a) only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL; and

  • (b) in respect of Canadian vessels only in waters under Canadian jurisdiction.

Marginal note:Survey report file

• 26 (1) Every oil tanker that is more than five years of age must keep on board the survey report file and supporting documentation, including the condition evaluation report, referred to in section 6 of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, Annex B to IMO Resolution A.744(18).

• Marginal note:Age

  (2) For the purposes of this section, the age of an oil tanker is determined from the day on which it is first delivered.

• Marginal note:Language

  (3) If an oil tanker engages on voyages only in waters under Canadian jurisdiction, the condition evaluation report must be in English or French.

Marginal note:Emergency plan

• 27 (1) Subject to subsections (2) and (3), every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board a shipboard oil pollution emergency plan that meets the requirements of regulation 37 of Annex I to MARPOL.

• Marginal note:Exception

  (2) A vessel that does not have mechanical means of propulsion and that is fitted with internal combustion engines having a total output of less than 400 kW does not require a shipboard oil pollution emergency plan unless it is carrying 10 tonnes or more of oil

  • (a) in bulk; or

  • (b) in tanks, if one or more of the tanks has a capacity greater than 450 L.

• Marginal note:Subsection 57(1)

  (3) If subsection 57(1) applies, the shipboard oil pollution emergency plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

• Marginal note:Damage stability and residual structural strength calculation

  (4) An oil tanker of 5 000 tonnes deadweight or more must have prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.

Marginal note:STS operations Plan

• 27.1 (1) Every oil tanker of 150 gross tonnage or more that is not alongside a wharf or quay and that is engaged with another oil tanker in a transfer operation involving oil or an oily mixture in bulk must keep on board an STS operations Plan that meets the requirements of regulation 41 of Annex I to MARPOL. In the case of a Canadian vessel, the STS operations Plan must be written in English or French or in both, according to the needs of the crew.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of

  • (a) transfer operations associated with fixed or floating platforms, including

    • (i) drilling rigs,

    • (ii) floating production, storage and off-loading facilities used for the offshore production and storage of oil, and

    • (iii) floating storage units used for the offshore storage of produced oil;

  • (b) bunkering operations; or

  • (c) transfer operations necessary for the purpose of saving lives or securing the safety of a vessel, or for combatting specific pollution incidents in order to minimize the damage from pollution.

SUBDIVISION 4Discharges of Oil and Oily Mixtures

Marginal note:Application

28 This Subdivision does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(1) applies.

Marginal note:Prohibition

29 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge oil or an oily mixture except in accordance with section 31 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge — Section I waters

• 30 (1) For the purposes of section 187 of the Act, an oily mixture may be discharged from a vessel in Section I waters if

  • (a) the vessel is en route;

  • (b) none of the 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) meets the requirements of regulation 14 of Annex I to MARPOL,

    • (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm, and

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

      • (A) 5 ppm, if the oily mixture is discharged in the inland waters of Canada, or

      • (B) 15 ppm, if the oily mixture is discharged in Section I waters that do not include the inland waters of Canada; and

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

• Marginal note:Alarms

  (2) The alarm required for the purposes of clause (1)(c)(iii)(A) must meet the requirements of section 13 and the alarm required for the purposes of clause (1)(c)(iii)(B) must meet the requirements of regulation 14 of Annex I to MARPOL.

Marginal note:Authorized discharge — Section II waters and seaward

• 31 (1) For the purposes of section 187 of the Act and section 29, an oily mixture may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) the vessel is en route;

  • (b) in the case of an oil tanker, none of the 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) meets the requirements of regulation 14 of Annex I to MARPOL, and

    • (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm; and

  • (d) the discharge does not contain chemicals or any other substances introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limit specified in subparagraph (c)(ii).

• Marginal note:Authorized discharge from cargo spaces

  (2) For the purposes of section 187 of the Act and section 29, an oily mixture from cargo spaces may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) the vessel is en route;

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

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

  • (d) the total quantity of oil discharged does not exceed

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

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

    • (iii) despite subparagraph (i), 1/30,000 of the cargo of which the oily mixture forms part, in the case of a Canadian vessel whose registration is transferred to the Register after February 15, 1993; and

  • (e) the oil discharge monitoring and control system is in operation and can stop the discharge of

    • (i) any effluent having an oil discharge rate greater than that allowed under paragraph (c), or

    • (ii) any oil in a quantity greater than that allowed under paragraph (d).

SUBDIVISION 5Transfer Operations

Marginal note:Application

• 32 (1) This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction.

• Marginal note:Non-application

  (2) Sections 33 and 37 and paragraphs 38(1)(b) to (d) and (f) to (j) do not apply in respect of oil tankers of less than 150 gross tonnage or other vessels of less than 400 gross tonnage.

• Marginal note:Non-application

  (3) Sections 33, 34 and 37 and paragraphs 38(1)(b) to (d) and (g) to (i) do not apply in respect of an oil tanker without a master or crew and from which oil is being unloaded if the tanker is not attended by a vessel with a master or crew and the tanker is in a location that makes it infeasible to meet the requirements of those provisions.

• Marginal note:Application in waters that are not Canadian waters

  (4) Despite subsection (1),

  • (a) paragraph 38(1)(l) also applies in respect of Canadian vessels in waters other than waters under Canadian jurisdiction; and

  • (b) section 39.1 also applies in respect of Canadian vessels in the territorial sea or the exclusive economic zone of a foreign state that is a party to MARPOL.

Marginal note:Communications

33 If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel

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

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

Marginal note:Lighting

• 34 (1) If a vessel or a handling facility engages in a transfer operation between sunset and sunrise, the vessel’s master and the operator of the facility must ensure that illumination is provided that has

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

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

• Marginal note:Measurement

  (2) For the purposes of subsection (1), lighting intensity is to be measured on a horizontal plane 1 m above the walking surface of the facility or the working deck of the vessel, as applicable.

Marginal note:Transfer conduits

• 35 (1) A person must not use a transfer conduit in a transfer operation unless the conduit

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

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

  • (c) has successfully passed, during the year before its use, a hydrostatic test to a pressure equal to one and one-half times its maximum design pressure.

• Marginal note:Test certificates

  (2) If a transfer conduit used in a transfer operation is part of a vessel’s equipment, the vessel’s master must keep on board the test certificate for the hydrostatic test.

• Marginal note:Manufacturer’s specifications

  (3) The owner of a transfer conduit that is used in a transfer operation must ensure that the conduit is used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

• Marginal note:Leaks

  (4) If a transfer conduit or a connection leaks during a transfer operation, the supervisor on board the vessel and the supervisor at the handling facility or on board the other vessel must, as soon as feasible, slow down or stop the operation to remove the pressure from the conduit or connection.

Marginal note:Reception facility — standard discharge connections

36 The owner of a reception facility that receives oily residues from a vessel’s machinery space bilges or sludge oil tanks must equip the reception facility with a piping system that, at its vessel side end, is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.

Marginal note:Overall advisory control of transfers between oil tankers

• 36.1 (1) The authorized representative of an oil tanker of 150 gross tonnage or more must ensure that a transfer operation to which section 27.1 applies is under the overall advisory control of a person who meets the qualifications set out in section 6.2.1.2 of the Manual on Oil Pollution, Section I – Prevention, published by the IMO.

• Marginal note:Duties

  (2) The person must carry out the duties set out in section 6.2.1.3 of the Manual.

Marginal note:Requirements for transfer operations — vessels

37 The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by a person who is required to be part of the complement of the vessel

• (a) in the case of a Canadian vessel, by paragraph 207(3)(a), (b) or (c) or subparagraph 207(3)(d)(i) of the Marine Personnel Regulations; and

• (b) in the case of a foreign vessel, by paragraph 241(a), subparagraph 241(b)(ii) or (iii) or paragraph 241(d) of the Marine Personnel Regulations.

Marginal note:Duties of supervisors of transfer operations — vessels

• 38 (1) The supervisor of a transfer operation on board a vessel must ensure that

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

  • (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, 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 an 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 handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;

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

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

  • (f) the rate of flow is reduced when the tanks are being topped off;

  • (g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them 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 the discharge of oil:

    • (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 cleanup of any minor spillage of oil that may occur on the vessel or on the shore;

  • (j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected;

  • (k) all reasonable precautions are taken to avoid the discharge of oil; and

  • (l) the vessel’s STS operations Plan is implemented, if the vessel is of 150 gross tonnage or more and section 27.1 applies to the transfer operation.

• Marginal note:Duties of supervisors of transfer operations — facilities

  (2) The supervisor of a transfer operation at a handling facility must ensure that

  • (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;

  • (b) continuous communication is maintained with the supervisor on board the vessel; and

  • (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.

Marginal note:Emergency

39 In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.

Marginal note:Notification of transfers between oil tankers

• 39.1 (1) The master of an oil tanker of 150 gross tonnage or more must ensure that the tanker does not engage in a transfer operation to which section 27.1 applies unless, at least 48 hours before the transfer operation begins, the master gives notice in accordance with regulation 42.2 of Annex I to MARPOL to

  • (a) if the transfer operation is in waters under Canadian jurisdiction, a marine communications and traffic services officer; and

  • (b) if the transfer operation is in the territorial sea or the exclusive economic zone of a foreign state that is a party to MARPOL, the appropriate official of the foreign state.

• Marginal note:Information not available 48 hours before transfer

  (2) Despite subsection (1), information that is specified in regulation 42.2 of Annex I to MARPOL and that is not, because of exceptional circumstances, available 48 hours before the transfer operation begins, does not need to be included with the notice. The master of an oil tanker that is planning to unload oil or an oily mixture must ensure that the tanker does not engage in the transfer operation unless the information that was not available is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be.

• Marginal note:Change in estimated arrival time

  (3) If the estimated time of arrival of an oil tanker at the location for the transfer operation changes by more than six hours, the master of the tanker must ensure that it does not engage in the transfer operation unless a revised estimated time of arrival is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be.

SUBDIVISION 6Record-keeping

Marginal note:Oil Record Books — Part I

• 40 (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board an Oil Record Book, Part I (Machinery Space Operations) in the form set out in appendix III to Annex I to MARPOL.

• Marginal note:Oil Record Books — Part II

  (2) Every oil tanker of 150 gross tonnage or more must keep on board an Oil Record Book, Part II (Cargo/Ballast Operations) in the form set out in appendix III to Annex I to MARPOL.

• Marginal note:Entries — Part I — officer in charge

  (3) The officer in charge of a machinery space operation set out in regulation 17.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (1) must

  • (a) ensure that the operation is recorded without delay in the Oil Record Book, Part I (Machinery Space Operations); and

  • (b) sign the recorded entry.

• Marginal note:Entries — Part I — master

  (4) The master of a vessel referred to in subsection (1) must

  • (a) ensure that

    • (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge to which paragraph 5(c) does not apply, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part I (Machinery Space Operations), and

    • (ii) any failure of the oil filtering equipment is recorded without delay in the Oil Record Book, Part I (Machinery Space Operations);

  • (b) ensure that each entry recorded in the Oil Record Book, Part I (Machinery Space Operations) is signed by the officer in charge of the operation; and

  • (c) sign each page of the Oil Record Book, Part I (Machinery Space Operations) after the page is completed.

• Marginal note:Language — Part I

  (5) An entry in the Oil Record Book, Part I must be written

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

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

• Marginal note:Entries — Part II — officer in charge

  (6) The officer in charge of a cargo/ballast operation set out in regulation 36.2 of Annex I to MARPOL that takes place on a vessel referred to in subsection (2) must

  • (a) ensure that the operation is recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations); and

  • (b) sign the recorded entry.

• Marginal note:Entries — Part II — master

  (7) The master of a vessel referred to in subsection (2) must

  • (a) ensure that

    • (i) the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of oil or an oily mixture are recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations), and

    • (ii) any failure of the oil discharge monitoring and control system is recorded without delay in the Oil Record Book, Part II (Cargo/Ballast Operations);

  • (b) ensure that each entry recorded in the Oil Record Book, Part II (Cargo/Ballast Operations) is signed by the officer in charge of the operation; and

  • (c) sign each page of the Oil Record Book, Part II (Cargo/Ballast Operations) after the page is completed.

• Marginal note:Language — Part II

  (8) An entry in the Oil Record Book, Part II must be written

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

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

• Marginal note:Three years

  (9) A vessel referred to in subsection (1) or (2) must keep the Oil Record Book, Part I and, if applicable, the Oil Record Book, Part II on board for three years after the day on which the last entry was made.

• Marginal note:Official log book

  (10) The Oil Record Book, Part I and, if applicable, the Oil Record Book, Part II may be part of the vessel’s official log book.

Marginal note:Reception facility receipts

• 41 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives oily residues from the vessel a receipt or certificate that sets out the type and amount of oily residues received and the date and time that they were 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.

Marginal note:Recording device for bilge alarms

42 If an alarm on a vessel is required under paragraph 12(1)(e) or (f) or subsection 30(2) to be fitted with a recording device to meet the specifications of Part 2 of the Annex to Resolution MEPC.107(49), the vessel must keep on board the data that those specifications require to be recorded (the date, the time, the alarm status of the alarm and the operating status of the oil filtering equipment) for 18 months after the data is recorded.

Marginal note:STS operations Plan — Records

• 42.1 (1) The master of an oil tanker of 150 gross tonnage or more that is required by section 27.1 to keep on board an STS operations Plan must ensure that the records required by the Plan are made.

• Marginal note:Three years

  (2) The oil tanker must keep each record on board for three years after it is made.

SUBDIVISION 7Double Hulling for Oil Tankers

General

Marginal note:Application

• 43 (1) This section applies in respect of an oil tanker

  • (a) for which the building contract is placed after July 5, 1993;

  • (b) that is constructed after January 5, 1994, in the absence of a building contract;

  • (c) that is first delivered after July 5, 1996; or

  • (d) that undergoes a major conversion

    • (i) for which the building contract is placed after July 5, 1993,

    • (ii) for which the construction work begins after January 5, 1994, in the absence of a building contract, or

    • (iii) that is completed after July 5, 1996.

• Marginal note:Requirements

  (2) The authorized representative of an oil tanker must ensure that it

  • (a) meets the design and construction requirements of regulations 19.3 and 19.4 of Annex I to MARPOL, or of regulation 19.6 of that Annex if applicable, unless the tanker is designed and constructed in accordance with the requirements of regulation 19.5 of that Annex; and

  • (b) is designed and constructed to facilitate the inspection and maintenance of wing and double bottom tanks or spaces.

Phasing-in

Marginal note:Interpretation

• 44 (1) In this section, Category 2 oil tanker and Category 3 oil tanker have the same meaning as in regulations 20.3.2 and 20.3.3, respectively, of Annex I to MARPOL.

• Marginal note:Application

  (2) This section applies in respect of

  • (a) a foreign vessel that is an oil tanker referred to in regulation 20.1.1 of Annex I to MARPOL; and

  • (b) a Canadian vessel that is a Category 2 oil tanker or Category 3 oil tanker and that holds an International Oil Pollution Prevention Certificate.

• Marginal note:Non-application

  (3) This section does not apply in respect of

  • (a) an oil tanker in respect of which section 43 applies;

  • (b) an oil tanker to which regulation 20.1.3 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation;

  • (c) an oil tanker that is entitled to fly the flag of the United States; or

  • (d) an oil tanker that is engaged in the coasting trade as defined in subsection 2(1) of the Coasting Trade Act.

• Marginal note:Requirements

  (4) Subject to subsections (5) to (7), the authorized representative of an oil tanker must ensure that it meets the requirements of subsection 43(2).

• Marginal note:Continued operation dependent on fittings

  (5) A Category 2 oil tanker, or a Category 3 oil tanker, that is a Canadian vessel fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 20.1.3 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  • (a) it was in service on July 1, 2001;

  • (b) its specifications set out in this subsection remain unchanged; and

  • (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation dependent on Condition Assessment Scheme

  (6) A Category 2 oil tanker, or Category 3 oil tanker, that is a Canadian vessel may continue to operate if

  • (a) the Board determines that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that the tanker is fit to continue to operate; and

  • (b) the tanker’s continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Foreign vessels operating under regulation 20.5 or 20.7

  (7) Subject to subsection (8), a Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed it to continue to operate under regulation 20.5 or 20.7 of Annex I to MARPOL.

• Marginal note:Prohibited to enter ports or offshore terminals

  (8) A Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel and is continuing to operate under regulation 20.5 of Annex I to MARPOL after the anniversary in the year 2015 of the date of its delivery must not enter a port or an offshore terminal in waters under Canadian jurisdiction.

• Marginal note:Delivery and age

  (9) For the purposes of this section,

  • (a) the date of delivery of a tanker is the day on which it is first delivered; and

  • (b) the age of a tanker is determined from the day on which it is first delivered.

Oil Tankers Carrying Heavy Grade Oil as Cargo

Definition of heavy grade oil

• 45 (1) In this section, heavy grade oil has the same meaning as in regulation 21.2 of Annex I to MARPOL.

• Marginal note:Application

  (2) This section applies in respect of an oil tanker of 600 tonnes deadweight or more that is carrying heavy grade oil as cargo.

• Marginal note:Non-application

  (3) This section does not apply in respect of

  • (a) an oil tanker that is a Canadian vessel and engages only on voyages in waters under Canadian jurisdiction; or

  • (b) an oil tanker to which regulation 21.1.2 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation.

• Marginal note:Requirements

  (4) Subject to subsections (5) to (8), the authorized representative of an oil tanker must ensure that

  • (a) if it is of 5 000 tonnes deadweight or more, it meets the requirements of subsection 43(2); and

  • (b) if it is of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight, it meets the requirements of subsection 43(2) or is fitted with

    • (i) double bottom tanks or spaces that meet the requirements of regulation 19.6.1 of Annex I to MARPOL, and

    • (ii) wing tanks or spaces arranged in accordance with regulation 19.3.1 of Annex I to MARPOL that meet the requirement for distance, w, referred to in regulation 19.6.2 of Annex I to MARPOL.

• Marginal note:Continued operation dependent on fittings

  (5) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 21.1.2 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if

  • (a) it was in service on December 4, 2003;

  • (b) its specifications set out in this subsection remain unchanged; and

  • (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation dependent on Condition Assessment Scheme

  (6) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more that is carrying crude oil having a density at 15°C that is higher than 900 kg/m³ but lower than 945 kg/m³ may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that it is fit to continue to operate; and

  • (b) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day.

• Marginal note:Continued operation — heavy grade oil

  (7) An oil tanker that is a Canadian vessel of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight and that does not meet the requirements of paragraph (4)(b) may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that it is fit to continue to operate; and

  • (b) its continued operation does not go beyond the day on which it reaches 25 years of age.

• Marginal note:Foreign vessels

  (8) An oil tanker that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed the tanker to continue to operate under regulation 21.5, 21.6.1 or 21.6.2 of Annex I to MARPOL.

• Marginal note:Delivery and age

  (9) For the purposes of this section,

  • (a) the date of delivery of a tanker is the day on which it is first delivered; and

  • (b) the age of a tanker is determined from the day on which it is first delivered.

Requirements for Other Oil Tankers

Marginal note:Application

• 46 (1) This section applies in respect of any oil tanker in respect of which sections 43 to 45 do not apply.

• Marginal note:Non-application

  (2) This section does not apply in respect of

  • (a) an oil tanker to which regulation 20.1.3 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation; or

  • (b) an oil tanker that does not have mechanical means of propulsion and

    • (i) is of less than 2 000 gross tonnage,

    • (ii) has no cargo tanks that exceed 200 m³ capacity, and

    • (iii) engages only on voyages on

      • (A) the Mackenzie River,

      • (B) the waters contiguous to the Mackenzie River that are not within shipping safety control zone 12, or

      • (C) the rivers, streams or lakes that feed into the Mackenzie River.

• Marginal note:Oil tankers of less than 5 000 gross tonnage

  (3) The authorized representative of an oil tanker of less than 5 000 gross tonnage must ensure that it has a double hull or a double containment system determined by the Minister to be as effective as a double hull for the prevention of a discharge of oil. However, this requirement does not apply before January 1, 2015.

• Marginal note:Oil tankers of 5 000 gross tonnage or more

  (4) The authorized representative of an oil tanker of 5 000 gross tonnage or more must ensure that it meets the requirements of subsection 43(2).

• Marginal note:Non-application

  (5) Subsection (4) does not apply before January 1, 2015 in respect of an oil tanker that has either double sides or double bottoms that are contiguous with cargo spaces and meet the applicable design and construction requirements of regulation 19.3 or 19.4, as the case may be, of Annex I to MARPOL, and

  • (a) is of less than 30 000 gross tonnage and less than 30 years of age; or

  • (b) is of 30 000 gross tonnage or more and less than 28 years of age.

• Marginal note:Age

  (6) For the purposes of subsection (5), the age of an oil tanker is determined from the later of

  • (a) the day on which it is first delivered, and

  • (b) the day on which a major conversion is completed, if the conversion is completed before July 6, 1996.

Oil Barges

Marginal note:Height of double bottom

47 Despite paragraph 43(2)(a), subsection 45(3), paragraph 45(4)(b) and subsection 46(4), in the case of an oil tanker that is a Canadian vessel of less than 5 000 tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land, the height of its double bottom must in no location be less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL.

SUBDIVISION 8Exemptions and Equivalents

Marginal note:Board

• 48 (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3 and 5 of Annex I to MARPOL.

• Marginal note:Foreign governments

  (2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulations 3 and 5 of Annex I to MARPOL by the government of the state whose flag the vessel is entitled to fly.

DIVISION 2Noxious Liquid Substances and Dangerous Chemicals

SUBDIVISION 1General

Marginal note:Limited application — foreign vessels

49 This Division applies in respect of foreign vessels in waters in the exclusive economic zone of Canada only in respect of pollution.

Marginal note:Liquid substances

• 50 (1) The authorized representative and the master of a vessel must ensure that the vessel does not carry a liquid substance in bulk unless the substance

  • (a) is listed in chapter 17 or 18 of the IBC Code; or

  • (b) is provisionally assessed under regulation 6.3 of Annex II to MARPOL.

• Marginal note:Non-application to oil

  (2) Subsection (1) does not apply in respect of oil.

SUBDIVISION 2Construction and Equipment

Marginal note:Plans and specifications

51 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.

Marginal note:NLS tankers — Annex II to MARPOL

• 52 (1) The authorized representative of an NLS tanker must ensure that

  • (a) the requirements of regulation 12 of Annex II to MARPOL relating to the pumping, piping and unloading arrangements, the location and size of underwater discharge outlets, and the slop tanks or other arrangements are met; and

  • (b) if the tanker uses ventilation procedures referred to in regulation 13.3 of Annex II to MARPOL to remove cargo residues from a tank, the tanker has ventilation equipment that can produce an air jet that reaches the tank bottom.

• Marginal note:IBC Code

  (2) Any of the following vessels that were constructed on or after July 1, 1986, or that are Canadian vessels that were constructed before that date and first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the IBC Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:BCH Code

  (3) Any of the following vessels that were constructed before July 1, 1986, other than Canadian vessels that were first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the BCH Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:Interpretation

  (4) For the purposes of subsections (2) and (3), a vessel converted to a chemical tanker, irrespective of the date of its construction, is considered to be a chemical tanker constructed on the date on which the conversion commenced unless the vessel

  • (a) was constructed before July 1, 1986; and

  • (b) was, when the conversion commenced, certified under the BCH Code to carry only those products identified by the Code as substances with pollution hazards only.

• Marginal note:Offshore support vessels

  (5) Offshore support vessels may meet the applicable design, construction, equipment and systems requirements of Resolution A.673(16) instead of the requirements referred to in subsection (2) or (3).

Marginal note:Containers or enclosed deck areas — NLS tankers

• 53 (1) The authorized representative of an NLS tanker must ensure that each noxious liquid substance cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that

  • (a) can retain noxious liquid substances that might leak or spill during transfer operations;

  • (b) has a means for the removal of the noxious liquid substances retained in it; and

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

• Marginal note:Volume

  (2) If the largest conduit serving a noxious liquid substance cargo manifold or a cargo transfer connection point on an NLS tanker has an inside diameter set out in column 1 of the table to subsection 15(2), the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.

SUBDIVISION 3Certificates, Endorsements and Inspections

Marginal note:Issuance

• 54 (1) On application by the authorized representative of a Canadian vessel and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue

  • (a) a Canadian Noxious Liquid Substance Certificate to the vessel if the applicable requirements of this Division are met;

  • (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the vessel if the applicable requirements of Annex II to MARPOL are met;

  • (c) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the IBC Code are met;

  • (d) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the BCH Code are met; or

  • (e) a Certificate of Fitness for an Offshore Support Vessel to the vessel if the applicable requirements of Resolution A.673(16) are met.

• Marginal note:Conditions

  (2) The Minister must, on the basis of the applicable requirements that are met, specify on the certificates issued under subsection (1) the particular substances or products that the vessel is certified to carry.

Marginal note:Endorsement of Canadian NLS certificates

• 55 (1) The authorized representative of a vessel that holds a Canadian Noxious Liquid Substance Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

• Marginal note:Endorsement of international NLS certificates

  (2) The authorized representative of a vessel that holds an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk must ensure that the certificate is endorsed as required by regulations 8.1.3, 8.1.4 and 9.2 of Annex II to MARPOL.

• Marginal note:Endorsement of IBC Code certificates of fitness

  (3) The authorized representative of a vessel that holds an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the IBC Code.

• Marginal note:Endorsement of BCH Code certificates of fitness

  (4) The authorized representative of a vessel that holds a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the BCH Code.

• Marginal note:Endorsement of certificates of fitness for offshore support vessels

  (5) The authorized representative of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel must ensure that the certificate is endorsed as required by section 1.5.4 of Resolution A.673(16).

• Marginal note:Inspection

  (6) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 54 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

• Marginal note:Non-application

  (7) Subsection (6) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 4Shipboard Documents

Marginal note:Certificates

• 56 (1) Every NLS tanker and every chemical tanker must hold and keep on board

  • (a) a Canadian Noxious Liquid Substance Certificate, if the tanker is a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk that is in the form set out in appendix 3 to Annex II to MARPOL, if the tanker

    • (i) is a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (c) a certificate of compliance certifying that the tanker meets the applicable requirements of Annex II to MARPOL, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk;

  • (d) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk that is in the form set out in the IBC Code or the BCH Code, as the case may be, if the tanker

    • (i) is a Canadian vessel that carries dangerous chemicals in bulk, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries dangerous chemicals in bulk; or

  • (e) a certificate of compliance certifying that the tanker meets the applicable requirements of the IBC Code or the BCH Code, as the case may be, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries dangerous chemicals in bulk.

• Marginal note:Offshore support vessels

  (2) An offshore support vessel may hold and keep on board a Certificate of Fitness for an Offshore Support Vessel instead of a Certificate required by subsection (1).

• Marginal note:Procedures and arrangements manual

  (3) Every NLS tanker must keep on board a procedures and arrangements manual that meets the requirements of regulation 14 of Annex II to MARPOL. In the case of a Canadian vessel, the expression “the requirements of this Annex” in regulation 14.2 of that Annex includes the requirements of section 67.

• Marginal note:IBC or BCH Codes

  (4) Every chemical tanker must keep on board the IBC Code or the BCH Code, as the case may be.

Marginal note:Emergency plan

• 57 (1) Subject to subsection (2), an NLS tanker of 150 gross tonnage or more must keep on board a shipboard marine pollution emergency plan for noxious liquid substances that meets the requirements of regulation 17.2 of Annex II to MARPOL.

• Marginal note:Exception

  (2) If subsection 27(1) applies, the shipboard marine pollution emergency plan for noxious liquid substances may be combined with the shipboard oil pollution emergency plan, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

SUBDIVISION 5Notices

Marginal note:Display

58 The master of an NLS tanker or chemical tanker must ensure that

• (a) permanent notices are displayed in conspicuous places on board, indicating the areas in which smoking and naked lights are prohibited;

• (b) while the tanker is in a port, the following notices are displayed near every access to the tanker, as appropriate:

  • (i) “NO NAKED LIGHTS / PAS DE FLAMMES NUES”,

  • (ii) “NO SMOKING / DÉFENSE DE FUMER”, and

  • (iii) “NO UNAUTHORIZED PERSONS / ACCÈS INTERDIT AUX PERSONNES NON AUTORISÉES”; and

• (c) while the tanker is in a port and the cargo being handled presents a health hazard, the notice “WARNING HAZARDOUS CHEMICALS / ATTENTION PRODUITS CHIMIQUES DANGEREUX” is displayed near every access to the tanker.

SUBDIVISION 6Control of Cargo Operations

Marginal note:Operational requirements — NLS tankers

59 The master of an NLS tanker must ensure that the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting are carried out in accordance with the tanker’s procedures and arrangements manual and with this Subdivision.

Marginal note:Operational requirements — IBC Code

• 60 (1) The master of a chemical tanker that was constructed on or after July 1, 1986, or that is a Canadian vessel that was constructed before that date and first registered or listed in Canada after February 15, 1993, must ensure that the operational requirements of the IBC Code are met.

• Marginal note:Section 16.2.2 of the IBC Code

  (2) The master of a chemical tanker referred to in subsection (1) must refuse any cargo mentioned in section 16.2.2 of the IBC Code if the analysis of the cargo has not been certified by its manufacturer or a marine chemist.

• Marginal note:Operational requirements — BCH Code

  (3) The master of a chemical tanker that is not referred to in subsection (1) must ensure that the operational requirements of chapter V of the BCH Code are met.

• Marginal note:Offshore support vessels

  (4) The master of an offshore support vessel that holds a Certificate of Fitness for an Offshore Support Vessel may ensure that the operational requirements of chapter 6 of Resolution A.673(16) are met instead of the requirements referred to in subsection (1) or (3).

Marginal note:Tank prewash operations

61 The tank prewash operations referred to in sections 63 and 64 must be carried out

• (a) in accordance with the requirements of appendix 6 to Annex II to MARPOL; and

• (b) in such a way that the effluent resulting from the washing

  • (i) is transferred to a reception facility that can receive the effluent in an environmentally safe manner, and

  • (ii) is not discharged.

Marginal note:Stripping operations

• 62 (1) If cargo stripping operations that involve a Category Y noxious liquid substance are carried out at a handling facility, the operator of the facility must ensure that it can receive the cargo at an average flow rate of 6 m³ per hour without creating back pressure of more than 100 kPa at the vessel’s manifold.

• Marginal note:Vessel’s manifold

  (2) The vessel’s manifold must not be more than 3 m above the waterline at low mean tide.

• Marginal note:Cargo hoses and piping systems

  (3) A cargo hose or piping system that contains a noxious liquid substance must not be drained back into the vessel after the completion of a cargo stripping operation.

Marginal note:Procedures — Category X

• 63 (1) A tank from which a Category X noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading unless the vessel has been granted an exemption from a tank prewash operation.

• Marginal note:Exemption

  (2) On request by the master of a vessel, a marine safety inspector may grant an exemption from a tank prewash operation if the inspector is satisfied that

  • (a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;

  • (b) the unloaded tank will not be washed or ballasted at sea and the vessel’s master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or

  • (c) the cargo residues will be removed from the tank by a ventilation procedure.

• Marginal note:Transfer of effl‡uent

  (3) Subject to subsection (4), the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility that can receive the effluent in an environmentally safe manner until the concentration of the substance in the effluent has fallen to 0.1% by weight, and then by continuing to transfer the remaining effluent to the facility until the tank is empty.

• Marginal note:If not feasible

  (4) If it is not feasible to measure the concentration of the substance to ensure that it falls within the limit specified in subsection (3) without causing undue delay to the vessel, the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility in accordance with subparagraph 61(b)(i).

• Marginal note:Marine safety inspector

  (5) The tank prewash operation must be carried out in the presence of a marine safety inspector who endorses the appropriate entries in the vessel’s Cargo Record Book required by subsection 79(1).

Marginal note:Interpretation

• 64 (1) The following definitions apply in this section.

  high-viscosity substance

  high-viscosity substance means a noxious liquid substance in Category X or Y with a viscosity equal to or greater than 50 mPa·s at the unloading temperature. (substance à viscosité élevée)

  solidifying substance

  solidifying substance means a noxious liquid substance that at the time of unloading is

  • (a) at a temperature of less than 5°C above its melting point, in the case of a substance with a melting point below 15°C; or

  • (b) at a temperature of less than 10°C above its melting point, in the case of a substance with a melting point of 15°C or higher. (substance qui se solidifie)

• Marginal note:Procedures — Categories Y and Z

  (2) A tank from which a Category Y or Z noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading if

  • (a) the unloaded substance is a Category Y noxious liquid substance that is a high-viscosity substance or a solidifying substance; or

  • (b) the unloading operation is not carried out in accordance with the vessel’s procedures and arrangements manual.

• Marginal note:Non-application

  (3) Subsection (2) does not apply if

  • (a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;

  • (b) the unloaded tank will not be washed or ballasted at sea and the vessel’s master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or

  • (c) the cargo residues will be removed from the tank by a ventilation procedure.

Marginal note:Ventilation procedures

65 A ventilation procedure must not be used to remove cargo residues for the purposes of paragraph 63(2)(c) or 64(3)(c) unless

• (a) the noxious liquid substance that was unloaded has a vapour pressure greater than 5 kPa at 20°C; and

• (b) the ventilation is carried out in accordance with sections 2 and 4 of appendix 7 to Annex II to MARPOL.

SUBDIVISION 7Discharges of Noxious Liquid Substances

Marginal note:Application

66 This subdivision does not apply in respect of vessels in a shipping safety control zone or of Canadian vessels in an area in respect of which subsection 7(2) applies.

Marginal note:Prohibition

• 67 (1) A person or vessel must not discharge a noxious liquid substance carried in bulk except

  • (a) in accordance with sections 68 to 71, in the case of a discharge from an NLS tanker in Section II waters or from a Canadian vessel that is an NLS tanker in waters that are not waters under Canadian jurisdiction; or

  • (b) in the circumstances set out in section 5 that apply in respect of the discharge.

• Marginal note:Offshore support vessels

  (2) Paragraph (1)(a) does not apply in respect of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel.

Marginal note:Authorized discharge — Category X

68 For the purposes of section 67, ballast water that contains a Category X noxious liquid substance only because the ballast water was introduced into a tank that last contained that substance may be discharged if

• (a) the tank underwent a tank prewash operation in accordance with subsection 63(3);

• (b) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (c) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — Category Y

69 For the purposes of section 67, a Category Y noxious liquid substance may be discharged if

• (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (b) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — Category Z

70 For the purposes of section 67, a Category Z noxious liquid substance may be discharged if

• (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (b) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) in the case of a vessel constructed after December 31, 2006, below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed;

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — ballast water

• 71 (1) For the purposes of section 67, a Category Y or Z noxious liquid substance in ballast water that is introduced into a cargo tank that last carried the substance and has been washed to such an extent that the ballast water contains less than 1 ppm of the noxious liquid substance may be discharged without regard to the discharge rate, vessel speed and discharge outlet location if the discharge is made at a distance of at least 12 nautical miles from the nearest land and into waters whose depth is at least 25 m.

• Marginal note:NLS tankers constructed before July 1, 1994

  (2) In the case of an NLS tanker constructed before July 1, 1994, the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank

  • (a) is washed in accordance with the requirements of Part A of appendix 6 to Annex II to MARPOL and subsequently washed with a complete cycle of the cleaning machine; or

  • (b) is washed with a water quantity not less than that required by paragraph 20 of Part B of appendix 6 to Annex II to MARPOL, using a k factor of 1.0 in the formula set out in that paragraph.

• Marginal note:Other vessels

  (3) In the case of an NLS tanker other than one referred to in subsection (2), the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank is washed in accordance with the requirements of Part B of appendix 6 to Annex II to MARPOL.

SUBDIVISION 8Transfer Operations

Marginal note:Application

72 This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction or, if a transfer operation to which this Subdivision applies does not involve a noxious liquid substance, only when they are in Canadian waters.

Marginal note:Communications

73 If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel

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

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

Marginal note:Lighting

• 74 (1) If a vessel or a handling facility engages in a transfer operation between sunset and sunrise, the vessel’s master and the operator of the facility must ensure that illumination is provided that has

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

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

• Marginal note:Measurement

  (2) For the purposes of subsection (1), lighting intensity is to be measured on a horizontal plane 1 m above the walking surface of the facility or the working deck of the vessel, as applicable.

Marginal note:Transfer conduits

• 75 (1) A person must not use a transfer conduit in a transfer operation unless the conduit

  • (a) has a bursting pressure of not less than five times its maximum design pressure;

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

  • (c) has successfully passed, during the year before its use, a hydrostatic test to a pressure equal to one and one-half times its maximum design pressure.

• Marginal note:Test certificates

  (2) If a transfer conduit used in a transfer operation is part of a vessel’s equipment, the vessel’s master must keep on board the test certificate for the hydrostatic test.

• Marginal note:Manufacturer’s specifications

  (3) The owner of a transfer conduit that is used in a transfer operation must ensure that the conduit is used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

• Marginal note:Leaks

  (4) If a transfer conduit or a connection leaks during a transfer operation, the supervisor on board the vessel and the supervisor at the handling facility or on board the other vessel must, as soon as feasible, slow down or stop the operation to remove the pressure from the conduit or connection.

Marginal note:Requirements for transfer operations — vessels

76 The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by a person who is required to be part of the complement of the vessel

• (a) in the case of a Canadian vessel, by paragraph 207(3)(a), (b) or (c) or subparagraph 207(3)(d)(i) of the Marine Personnel Regulations; and

• (b) in the case of a foreign vessel, by paragraph 241(a), subparagraph 241(b)(ii) or (iii) or paragraph 241(d) of the Marine Personnel Regulations.

Marginal note:Duties of supervisors of transfer operations — vessels

• 77 (1) The supervisor of a transfer operation on board a vessel must ensure that

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

  • (b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, 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 an 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 handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;

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

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

  • (f) the rate of flow is reduced when the tanks are being topped off;

  • (g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them 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 the discharge of a noxious liquid substance or dangerous chemical:

    • (i) all cargo 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 absorbent material is readily available near every transfer conduit to facilitate the clean-up of any minor spillage of noxious liquid substances or dangerous chemicals that may occur on the vessel or on the shore;

  • (j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected;

  • (k) all systems, equipment, personnel and information necessary for the safety of the transfer are in readiness before the transfer operation begins;

  • (l) towing-off wires are positioned fore and aft and are ready for use without adjustment if it is necessary to tow the vessel away;

  • (m) the transfer of a flammable cargo and the gas-freeing that follows the unloading of a flammable cargo is stopped when an electrical storm is in the immediate vicinity of the vessel;

  • (n) no work is carried out in the cargo tank area without the authorization of the vessel’s master;

  • (o) the valves in the vent system are checked for the correct setting and the flame arresters are examined for cleanliness and proper installation;

  • (p) articulated loading booms, if used, are checked for undue strain;

  • (q) the pump room ventilation is running and all precautions for that area are observed;

  • (r) a tank that is required to be kept in an inert state (a state in which the oxygen content of the tank must be below a specified level), and to maintain a small positive pressure at all times, has a supply of inert gas available to maintain its inert state during the transfer operation;

  • (s) during loading,

    • (i) the tank concerned is free of flammable or toxic vapours or residues,

    • (ii) the free end of the loading hose is securely lashed to the inside of the tank to prevent movement,

    • (iii) all flanges and gaskets are suitable for the purpose, and

    • (iv) all tank openings, other than those that are in use, are closed; and

  • (t) all reasonable precautions are taken to avoid the discharge of a noxious liquid substance or dangerous chemical.

• Marginal note:Duties of supervisors of transfer operations — facilities

  (2) The supervisor of a transfer operation at a handling facility must ensure that

  • (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;

  • (b) continuous communication is maintained with the supervisor on board the vessel; and

  • (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.

Marginal note:Emergencies

78 In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.

SUBDIVISION 9Record-keeping

Marginal note:Cargo Record Books for NLS tankers

• 79 (1) Every NLS tanker must keep on board a Cargo Record Book in the form set out in appendix 2 to Annex II to MARPOL.

• Marginal note:Entries — officer in charge

  (2) The officer in charge of an operation set out in appendix 2 to Annex II to MARPOL that takes place on an NLS tanker must

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

  • (b) sign the recorded entry.

• Marginal note:Entries — master

  (3) The vessel’s master must

  • (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of a noxious liquid substance carried in bulk are recorded without delay in the Cargo Record Book;

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

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

• Marginal note:Language

  (4) An entry in the Cargo Record Book must

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

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

• Marginal note:Three years

  (5) The vessel must keep the Cargo Record Book on board for three years after the day on which the last entry was made.

• Marginal note:Official log book

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

Marginal note:Reception facility receipts

• 80 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives noxious liquid substance residues or mixtures from the vessel a receipt or certificate that sets out the type and amount of noxious liquid substance residues or mixtures received and the date and time that they were 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.

SUBDIVISION 10Exemptions and Equivalents

Marginal note:Board

• 81 (1) The Board may, in respect of Canadian vessels, exercise the powers of the Administration conferred by regulations 4 and 5 of Annex II to MARPOL.

• Marginal note:Foreign governments

  (2) In the case of a foreign vessel, the requirements of this Division are subject to the exercise of the powers conferred by regulations 4 and 5 of Annex II to MARPOL, section 1.4 of the IBC Code, section 1.5 of the BCH Code and section 1.4 of Resolution A.673(16) by the government of the state whose flag the vessel is entitled to fly.

DIVISION 3Marine Pollutants

Marginal note:Discharge prohibited

• 82 (1) A person or vessel must not discharge a marine pollutant that is not carried in bulk except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge.

• Marginal note:Authorized discharge

  (2) For the purposes of subsection (1), a leakage of a marine pollutant that is not carried in bulk and is not kept as ships’ stores may be discharged if any of the spillage schedules to The EmS Guide: Emergency Response Procedures for Ships Carrying Dangerous Goods, published by the IMO, sets out procedures in respect of the leakage and those procedures are followed.

• Marginal note:Jettisoning

  (3) A person or vessel must not jettison a marine pollutant that is carried in packaged form unless it is necessary to do so for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel.

• Marginal note:Limited application — pleasure craft

  (4) This section applies in respect of pleasure craft that are not Canadian vessels only when they are in Canadian waters.

DIVISION 4Sewage

SUBDIVISION 1General

Marginal note:Interpretation

83 The following definitions apply in this Division.

designated sewage area

designated sewage area means an area set out in Schedule 2. (zone désignée pour les eaux usées)

holding tank

holding tank means a tank that is used solely for the collection and storage of sewage or sewage sludge and includes a tank that is an integral part of a toilet. (citerne de retenue)

inland waters of Canada

inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn from Pointe-au-Père to Orient Point. (eaux internes du Canada)

marine sanitation device

marine sanitation device[Repealed, SOR/2013-68, s. 13]

Definition of existing vessel

• 84 (1) In this section, existing vessel means a vessel

  • (a) for which the building contract was placed before May 3, 2007;

  • (b) in the absence of a building contract, the keel of which was laid or that was at a similar stage of construction before May 3, 2007; or

  • (c) the delivery of which was before May 3, 2010.

• Marginal note:Application

  (2) This Division does not apply before May 3, 2012 in respect of an existing vessel that

  • (a) is of less than 400 gross tonnage, is not certified to carry more than 15 persons and is engaged on an international voyage; or

  • (b) is not engaged on an international voyage.

• Marginal note:Discharge requirements

  (3) Despite subsection (2),

  • (a) Subdivision 2, section 95 and paragraph 96(1)(a) apply on the coming into force of this section in respect of all vessels that are in the Great Lakes, their connecting or tributary waters, or the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montréal, Quebec; and

  • (b) Subdivision 2, section 95 and paragraph 96(1)(b) apply on the coming into force of this section in respect of all vessels that are in a designated sewage area.

SUBDIVISION 2Equipment

Marginal note:Plans and specifications

85 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.

Marginal note:Vessels with toilet facilities

• 86 (1) Subject to subsections (3) and (4), the authorized representative of a vessel in Section I waters or Section II waters that has a toilet must ensure that the vessel is fitted with a holding tank or a marine sanitation device that meets the requirements of section 88 or 90, as the case may be.

• Marginal note:Temporary storage of sewage

  (2) The vessel’s authorized representative must ensure that it is fitted with facilities for the temporary storage of sewage if the vessel

  • (a) is fitted with a marine sanitation device that meets the requirements of paragraph 90(1)(d) only; or

  • (b) is in a designated sewage area and is fitted with a marine sanitation device that does not meet the requirements of paragraph 90(1)(b).

• Marginal note:Limitation

  (3) For the purpose of meeting the requirement of subsection (1), a Canadian vessel or Canadian pleasure craft must not be fitted with a marine sanitation device referred to in paragraph 90(1)(d).

• Marginal note:Exception

  (4) A vessel referred to in subsection (1) that is of less than 15 gross tonnage, is not certified to carry more than 15 persons and is not operating in the inland waters of Canada or designated sewage areas may be fitted with facilities for the temporary storage of sewage instead of meeting the requirements of subsection (1) if it is not feasible to meet those requirements and the vessel has measures in place to ensure that no discharge is made otherwise than in accordance with section 96.

Marginal note:Securing toilets

87 The authorized representative of a vessel must ensure that any toilet fitted on the vessel is secured in a manner that ensures its safe operation in any environmental conditions likely to be encountered.

Marginal note:Holding tanks

88 For the purposes of subsection 86(1), a holding tank must

• (a) be constructed so that it does not compromise the integrity of the hull;

• (b) be constructed of structurally sound material that prevents the tank contents from leaking;

• (c) be constructed so that the potable water system and other systems cannot become contaminated;

• (d) be resistant to corrosion by sewage;

• (e) have an adequate volume for the amount of sewage that could be reasonably expected to be produced on a voyage in waters where the discharge of sewage is not authorized by section 96;

• (f) be provided with a discharge connection and piping system for the removal of the tank contents at a reception facility;

• (g) be designed so that the level of sewage in the tank can be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows the determination to be made;

• (h) in the case of a vessel, other than a pleasure craft, that operates solely on the Great Lakes and their connecting waters, be equipped with an alarm that indicates when the tank is 75% full by volume; and

• (i) be equipped with a ventilation device that

  • (i) has its outlet located on the exterior of the vessel and in a safe location away from ignition sources and areas usually occupied by people,

  • (ii) prevents the build-up within the tank of pressure that could cause damage to the tank,

  • (iii) is designed to minimize clogging by the contents of the tank or by climatic conditions such as snow or ice,

  • (iv) is constructed of material that cannot be corroded by sewage, and

  • (v) has a flame screen of non-corrosive material fitted to the vent outlet.

Marginal note:Transfer conduits

• 89 (1) A person must not use a transfer conduit for the purpose of removing sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility unless it is used, maintained and secured in a manner that minimizes risk to the marine environment from a discharge of sewage or sewage sludge.

• Marginal note:Leaks

  (2) If a transfer conduit or a connection leaks during the removal of sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility, the vessel’s master must, as soon as feasible, ensure that the removal operation is slowed down or stopped to remove the pressure from the conduit or connection.

Marginal note:Marine sanitation devices

• 90 (1) For the purposes of subsection 86(1), a marine sanitation device must meet

  • (a) the requirements of regulation 9.1.1 of Annex IV to MARPOL for a sewage treatment plant;

  • (b) requirements substantially similar to the requirements referred to in paragraph (a) except that the standards referred to in regulation 9.1.1 include the effluent standard set out in paragraph 96(1)(b);

  • (c) the design, construction and testing requirements of Title 33, Part 159, Subpart C of the Code of Federal Regulations of the United States for a Type II marine sanitation device; or

  • (d) the requirements of regulation 9.1.2 of Annex IV to MARPOL for a sewage comminuting and disinfecting system.

• Marginal note:Grandfathering

  (2) Despite subsection (1), a marine sanitation device that was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and continues to meet the requirements of those Regulations as they read on May 2, 2007 may continue to be used as a marine sanitation device.

SUBDIVISION 3Certificates and Inspections

Marginal note:Issuance of International Sewage Pollution Prevention Certificates

91 On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Sewage Pollution Prevention Certificate to the vessel if the applicable requirements of Annex IV to MARPOL are met.

Marginal note:Inspection

• 92 (1) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 91 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 4Shipboard Documents

Marginal note:Certificates

• 93 (1) Every vessel of 400 gross tonnage or more and every vessel that is certified to carry more than 15 persons must hold and keep on board

  • (a) an International Sewage Pollution Prevention Certificate in the form set out in the appendix to Annex IV to MARPOL, if the vessel

    • (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL; or

  • (b) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex IV to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex IV to MARPOL.

• Marginal note:Certificates of type approval

  (2) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) must keep on board a certificate of type approval

  • (a) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection; and

  • (b) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number.

• Marginal note:Operation and maintenance manual

  (3) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) and is of 400 gross tonnage or more or certified to carry more than 15 persons must keep on board a manual that sets out the operational and maintenance procedures for the device.

• Marginal note:Sewage effluent records

  (4) Every vessel must keep on board for 12 months an English or French version of

  • (a) a record of the results of any tests required by subsection 97(2); or

  • (b) the records required by subsection 97(4).

SUBDIVISION 5Discharges of Sewage or Sewage Sludge

Marginal note:Application

94 This Subdivision does not apply in respect of

• (a) vessels in a shipping safety control zone; or

• (b) pleasure craft that are not Canadian vessels and that are in waters in the exclusive economic zone of Canada.

Marginal note:Prohibition

95 A person or vessel must not discharge sewage or sewage sludge except in accordance with section 96 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge

• 96 (1) For the purposes of section 95, sewage may be discharged if

  • (a) in the case of a vessel in an area other than a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 250/100 mL;

  • (b) in the case of a vessel in a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;

  • (c) in the case of a vessel that is in Section I waters or Section II waters, but not in the inland waters of Canada or a designated sewage area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    • (i) the discharge is made at a distance of at least 12 nautical miles from shore and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    • (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from shore;

  • (d) in the case of a Canadian vessel that is in waters that are not waters under Canadian jurisdiction, other than the Antarctic area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    • (i) the discharge is made at a distance of at least 12 nautical miles from the nearest land and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    • (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from the nearest land; or

  • (e) in the case of a vessel that is in Section I waters or Section II waters but not in the inland waters of Canada or a designated sewage area, and that is of less than 400 gross tonnage and is not certified to carry more than 15 persons,

    • (i) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 1 nautical mile from shore,

    • (ii) the discharge is made at a distance of at least 3 nautical miles from shore while the vessel is en route at the fastest feasible speed, or

    • (iii) if it is not feasible to meet the requirements of subparagraph (ii) because the vessel is located in waters that are less than 6 nautical miles from shore to shore, the discharge is made while the vessel is en route at a speed of at least 4 knots or, if the discharge is not feasible at that speed, the discharge is made

      • (A) during an ebb tide, while the vessel is en route at the fastest feasible speed and into the deepest waters that are located the farthest from shore, or

      • (B) while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore.

• Marginal note:Paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i)

  (2) In addition to the circumstances set out in paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i), the sewage may be discharged only if it does not contain any visible solids and the discharge does not cause

  • (a) a film or sheen to develop on the water;

  • (b) a discoloration of the water or its shorelines; or

  • (c) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines.

• Marginal note:Subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii)

  (3) In addition to the circumstances set out in subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii), the sewage may be discharged only if the discharge does not cause visible solids to be deposited on the shoreline.

• Marginal note:Subparagraph (1)(e)(iii)

  (4) Subparagraph (1)(e)(iii) does not apply if a reception facility that can receive the sewage in an environmentally safe manner is available to receive it.

• Marginal note:Definition of moderate rate

  (5) In this section, moderate rate means a rate that on average over any 24-hour or shorter period of discharge is not greater than the maximum permissible discharge rate calculated in accordance with section 3.1 of the Annex to the Recommendation on Standards for the Rate of Discharge of Untreated Sewage from Ships, IMO Resolution MEPC.157(55), and that over any hourly period is not more than 20% greater than that rate.

SUBDIVISION 6Operational Testing

Marginal note:Interpretation

• 97 (1) The following definitions apply in this section.

  biochemical oxygen demand

  biochemical oxygen demand means the quantity of oxygen determined to be used in the biochemical oxidation of organic matter during a five-day period when the organic matter is tested in accordance with the method described in section 5210 B of the Standard Methods. (demande biochimique en oxygène)

  suspended solids

  suspended solids means the total suspended solid matter determined to be in or on a liquid when it is tested in accordance with the method described in section 2540 D of the Standard Methods. (matières solides en suspension)

• Marginal note:Testing of effluent

  (2) The authorized representative of a vessel that discharges effluent from a marine sanitation device into Section I waters must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications:

  • (a) the fecal coliform count of the samples;

  • (b) the total suspended solids content of the samples;

  • (c) the 5-day biochemical oxygen demand of the samples; and

  • (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples.

• Marginal note:Exception

  (3) Subsection (2) does not apply if the marine sanitation device is fitted with instrumentation that meets the requirements of subsection (4).

• Marginal note:Automatic continuous record

  (4) The instrumentation referred to in subsection (3) must indicate the performance of the device by providing an automatic continuous record while the device is in operation of

  • (a) the suspended matter;

  • (b) the residual disinfectant content, in the case of disinfection by chlorine; and

  • (c) the disinfection efficiency, in the case of disinfection by any other method.

DIVISION 5Garbage

SUBDIVISION 1General

Marginal note:Interpretation

98 The following definitions apply in this Division.

Lake Superior Special Protection Area

Lake Superior Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

• (a) 47°30.0′ N, 85°50.0′ W;

• (b) 47°24.2′ N, 85°38.5′ W;

• (c) 47°04.0′ N, 85°49.0′ W;

• (d) 47°05.7′ N, 85°59.0′ W;

• (e) 47°18.1′ N, 86°05.0′ W. (zone de protection spéciale du lac Supérieur)

Six Fathom Scarp Mid-Lake Special Protection Area

Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

• (a) 44°55′ N, 82°33′ W;

• (b) 44°47′ N, 82°18′ W;

• (c) 44°39′ N, 82°13′ W;

• (d) 44°27′ N, 82°13′ W;

• (e) 44°27′ N, 82°20′ W;

• (f) 44°17′ N, 82°25′ W;

• (g) 44°17′ N, 82°30′ W;

• (h) 44°28′ N, 82°40′ W;

• (i) 44°51′ N, 82°44′ W;

• (j) 44°53′ N, 82°44′ W;

• (k) 44°54′ N, 82°40′ W. (zone de protection spéciale du milieu du lac Six Fathom Scarp)

Marginal note:Application

99 This Division does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(3) applies.

SUBDIVISION 2Discharges of Garbage

Marginal note:Prohibition

100 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge — garbage

• 101 (1) For the purposes of section 187 of the Act and section 100, garbage may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land;

  • (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land;

  • (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and

  • (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.

Marginal note:Authorized discharge — cargo residues

• 102 (1) For the purposes of section 187 of the Act, subject to subsections (2) to (4), cargo residues that are garbage may be discharged

  • (a) from a vessel in Lake Ontario, or in Lake Erie east of a line that runs due south from Point Pelee, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (b) from a vessel in Lake Erie, in the dredged navigation channels running between Toledo Harbor Light and Detroit River Light, if the vessel loaded cargo from a Lake Erie port immediately after unloading iron ore, coal or salt at that port and the cargo residues are residues of the unloaded iron ore, coal or salt;

  • (c) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (d) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if

    • (i) the vessel is upbound along the Thumb of Michigan between 5.04 nautical miles northeast of entrance buoys 11 and 12 and the track line turn abeam of Harbor Beach, and

    • (ii) the cargo residues are iron ore, coal or salt and the discharge is made at a distance of more than 2.6 nautical miles from shore;

  • (e) from a vessel in Lake Superior, other than the Lake Superior Special Protection Area, if

    • (i) the discharge is made from the vessel at a distance of more than 12 nautical miles from shore, and

    • (ii) in the case of iron ore cargo residues, the discharge is made from the vessel at a distance of more than 5.2 nautical miles from shore;

  • (f) from a vessel in Lake Ontario, Lake Erie, Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, or Lake Superior, other than the Lake Superior Special Protection Area, or in any of the connecting and tributary waters of those lakes, if the cargo residues are limestone or other clean stone;

  • (g) from a vessel in the St. Lawrence River west of Les Escoumins, if the vessel is en route and the cargo residues are not cargo sweepings;

  • (h) from a vessel in the inland waters of Canada in the St. Lawrence River east of Les Escoumins, if the vessel is en route and the discharge is made at a distance of more than 6 nautical miles from shore; and

  • (i) from a vessel in the portion of the St. Lawrence River and the Gulf of St. Lawrence that is in Section I waters but not in the inland waters of Canada, if the vessel is en route and the discharge is made at a distance of more than 12 nautical miles from shore.

• Marginal note:Reasonable efforts

  (2) For the purposes of subsection (1), cargo residues may be discharged only if all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Paragraphs (1)(g) to (i)

  (3) For the purposes of paragraphs (1)(g) to (i), the only cargo residues that may be discharged are alumina, bauxite, bentonite, cement, chrome ore, clay, dolomite, ferromanganese, grain, gypsum, ilmenite, iron ore, iron ore concentrate, lead ore concentrate, limestone, manganese concentrate, manganese ore, nepheline syenite, perlite, quartz, salt, sand, stone, sugar, talc, urea, vermiculite and zinc ore concentrate.

• Marginal note:Nearby marine mammals

  (4) Subsection (1) does not apply in respect of a vessel when its master or a crew member ascertains by visual observation that a marine mammal is within 0.5 nautical miles of the vessel.

• Definition of grain

  (5) In subsection (3), grain means wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.

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.

Marginal note:Tier II

• 110.2 (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 vessel that is constructed after December 31, 2010, other than a Canadian vessel or a Canadian pleasure craft that was constructed before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction;

  • (b) a vessel, other than a Canadian vessel or a Canadian pleasure craft that was constructed before the day on which this section comes into force and that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) the vessel was constructed before January 1, 2011, and

    • (ii) after December 31, 2010,

      • (A) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before January 1, 2011, or

      • (B) the engine is installed as an additional engine; or

  • (c) a Canadian vessel or a Canadian pleasure craft that engages only on voyages in waters under Canadian jurisdiction, if

    • (i) the vessel was constructed before the day on which this section comes into force, and

    • (ii) on or after the day on which this section comes into force,

      • (A) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before the day on which this section comes into force, or

      • (B) the engine is installed as an additional engine.

• Marginal note:Non-application

  (2) This section does not apply in respect of a marine diesel engine to which section 110.3 applies.

• Marginal note:Emission limits

  (3) Subject to sections 110.5 and 110.6, 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) 14.4 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 44.0 × n^-0.23 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 7.7 g/kWh, where n is 2,000 revolutions per minute or more.

Marginal note:Tier III

• 110.3 (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 vessel that is constructed on or after January 1, 2016; or

  • (b) a vessel that is constructed before January 1, 2016 if, on or after January 1, 2016,

    • (i) the engine replaces a marine diesel engine that is not identical to the engine and that was installed on the vessel before January 1, 2016, or

    • (ii) the engine is installed as an additional engine.

• Marginal note:Exception — marine diesel engines installed on certain vessels

  (2) This section does not apply in respect of a marine diesel engine that is

  • (a) installed on a vessel with a length less than 24 m that has been specifically designed for, and is used solely for, recreational purposes;

  • (b) installed on a vessel with a combined nameplate diesel engine propulsion power of less than 750 kW, if it is not possible for the engine to meet the requirements of subsection (4) because of design or construction limitations of the vessel;

  • (c) installed on a vessel after December 31, 2015 as a replacement for a marine diesel engine that is not identical to the engine, if it is not possible for the engine to meet the requirements of subsection (4); or

  • (d) installed on a vessel that is entitled to fly the flag of the United States.

• Marginal note:Exception — vessels operating in certain waters

  (3) This section does not apply in respect of

  • (a) a Canadian vessel or a Canadian pleasure craft that is operating

    • (i) in arctic waters, or

    • (ii) in waters that are not waters under Canadian jurisdiction and are not within an emission control area; or

  • (b) a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay.

• Marginal note:Emission limits

  (4) Subject to sections 110.5 and 110.6, 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) 3.4 g/kWh, where n is less than 130 revolutions per minute;

  • (b) 9.0 × n^-0.2 g/kWh, where n is 130 revolutions per minute or more but less than 2,000 revolutions per minute; and

  • (c) 2.0 g/kWh, where n is 2,000 revolutions per minute or more.

• Marginal note:Change of date

  (5) If the IMO, in accordance with regulation 13.10 of Annex VI to MARPOL, sets a later date for the purposes of regulation 5.1.1 of that Annex, the references in subsection (1) to January 1, 2016 are to be read as references to that later date.

Marginal note:Determining quantity of nitrogen oxides

110.4 For the purposes of subsections 110.1(3), 110.2(3) and 110.3(4), the quantity of nitrogen oxides emitted must be determined in accordance with the NO_x Technical Code.

Marginal note:Exhaust gas cleaning systems

110.5 A marine diesel engine may be operated if an exhaust gas cleaning system or any other equivalent method is used to reduce the quantity of nitrogen oxides emissions to no more than the limits specified in subsection 110.1(3), 110.2(3) or 110.3(4), as the case may be.

Marginal note:Exceptions to prohibited emissions

110.6 Nitrogen oxides may be emitted in the circumstances set out in section 5 that apply in respect of the emission.

Sulphur Oxides (SO_x)

Marginal note:Maximum sulphur content of fuel oil

• 111 (1) Subject to subsections (2) to (5) and section 111.1, the authorized representative of a vessel must ensure that the sulphur content of the fuel oil used on board the vessel does not exceed

  • (a) 3.50% by mass before January 1, 2020, in the case of a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (b) 3.50% by mass before January 1, 2020, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (c) 3.50% by mass before January 1, 2020, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are not in an emission control area;

  • (d) 0.50% by mass after December 31, 2019, in the case of a foreign vessel or a foreign pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (e) 0.50% by mass after December 31, 2019, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (f) 0.50% by mass after December 31, 2019, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are not in an emission control area;

  • (g) 1.00% by mass before January 1, 2015, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters;

  • (h) 1.00% by mass before January 1, 2015, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are in an emission control area;

  • (i) 1.00% by mass before January 1, 2015, in the case of a foreign vessel or a foreign pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters or in Hudson Bay, James Bay or Ungava Bay;

  • (j) 0.10% by mass after December 31, 2014, in the case of a Canadian vessel or a Canadian pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters;

  • (k) 0.10% by mass after December 31, 2014, in the case of a Canadian vessel that is operating in waters that are not waters under Canadian jurisdiction and that are in an emission control area; and

  • (l) 0.10% by mass after December 31, 2014, in the case of a foreign vessel or a foreign pleasure craft that is operating in waters under Canadian jurisdiction other than arctic waters or in Hudson Bay, James Bay or Ungava Bay.

• Marginal note:Steam-powered foreign vessels and foreign pleasure craft

  (2) Subject to subsections (3) and (4), in the case of a foreign vessel or a foreign pleasure craft that is powered by a propulsion boiler that was not originally designed for continued operation on marine distillate fuel or natural gas, the vessel’s authorized representative must ensure that, when the vessel is operating in the North American Emission Control Area or in the Great Lakes and St. Lawrence waters, the sulphur content of the fuel oil used on board the vessel does not exceed

  • (a) 3.50% by mass before January 1, 2020; and

  • (b) 0.50% by mass after December 31, 2019.

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply in respect of a foreign vessel or a foreign pleasure craft that

  • (a) is powered by a propulsion boiler that was not originally designed for continued operation on marine distillate fuel or natural gas; and

  • (b) operates solely on the Great Lakes and their connecting waters.

• Marginal note:Alternative measure

  (4) Instead of meeting the requirements of subsection (1) or (2), the authorized representative of a vessel may ensure that

  • (a) the vessel operates an exhaust gas cleaning system that meets the requirements of Resolution MEPC.184(59); and

  • (b) the emissions of sulphur oxides produced by the operation of the system do not exceed the emissions that would be produced were fuel oil with the sulphur content by mass required by that subsection used on board the vessel.

• Marginal note:When different fuel is ussed

  (5) The master of a vessel referred to in subparagraph 122(1)(a)(ii) or (iii) must ensure that the requirements of regulation 14.6 of Annex VI to MARPOL are met if the vessel is entering or leaving an emission control area and the fuel oil used on board within the area is different from the fuel oil used on board outside the area.

• Marginal note:Residues from exhaust gas cleaning systems

  (6) If a vessel operates an exhaust gas cleaning system that has been certified in accordance with Resolution MEPC.184(59), the vessel’s authorized representative must ensure that

  • (a) any exhaust gas cleaning system residues are delivered to an onshore reception facility; and

  • (b) the washwater from the operation of the system, as well as the monitoring and recording of the washwater, meets the requirements of section 10 of the Resolution.

Marginal note:Application

• 111.1 (1) This section, instead of section 111, applies in respect of an authorized representative’s Canadian vessels when they are operating in the Great Lakes and St. Lawrence waters during the period referred to in paragraph (4)(a) or during a year referred to in subsection (4) if, before the period or year begins, the authorized representative

  • (a) notifies the Minister that the authorized representative elects to have this section apply in respect of that period or year; and

  • (b) provides the Minister with a report that specifies the manner in which each of the vessels will be managed for the purposes of meeting the requirements of subsection (4) or (6) for that period or year.

• Marginal note:Application — alternative

  (2) This section, instead of section 111, applies in respect of an authorized representative’s Canadian vessels when they are operating in the Great Lakes and St. Lawrence waters during the period beginning on the day on which this section comes into force and ending on December 31, 2020 if the authorized representative

  • (a) before the period begins, notifies the Minister that the authorized representative elects to have this section apply in respect of that period; and

  • (b) before the period referred to in paragraph (5)(a) and before each year referred to in column 3 of the table to subsection (5), provides the Minister with a report that specifies the manner in which each of the vessels will be managed for the purposes of meeting the requirements of subsection (5) or (6) for that period or year.

• Marginal note:Fuel oil used in other waters under Canadian jurisdiction

  (3) In the notification, the vessels’ authorized representative may

  • (a) for the purposes of calculating the total amount of fuel oil used on board the vessels, elect to include the fuel oil used on board any of the vessels when they are operating in waters under Canadian jurisdiction that are not within the Great Lakes and St. Lawrence waters; and

  • (b) for the purposes of calculating the average sulphur content by mass of the total amount of fuel oil used on board the vessels, elect not to include

    • (i) 10% of the sulphur content by mass of the fuel oil used on board any of the vessels that were first delivered after December 31, 2008 but before August 1, 2012, and

    • (ii) 20% of the sulphur content by mass of the fuel oil used on board any of the vessels that were first delivered after July 31, 2012 or on which a marine diesel engine that has a power output of more than 5 000 kW was installed after July 31, 2012.

• Marginal note:Average sulphur content

  (4) If an election is made under subsection (1), the vessels’ authorized representative must ensure that the average sulphur content by mass of the total amount of fuel oil used on board the vessels does not exceed

  • (a) 1.30% in the period beginning on the day on which this section comes into force and ending on December 31, 2013;

  • (b) 1.20% in 2014;

  • (c) 1.10% in 2015;

  • (d) 1.00% in 2016;

  • (e) 0.80% in 2017;

  • (f) 0.60% in 2018;

  • (g) 0.40% in 2019; and

  • (h) 0.10% in 2020.

• Marginal note:Average sulphur content and cumulative average sulphur content

  (5) If an election is made under subsection (2), the vessels’ authorized representative must ensure that the average sulphur content by mass of the total amount of fuel oil used on board the vessels does not exceed

  • (a) 1.70% during the period that begins on the day on which this section comes into force and ends on December 31, 2013;

  • (b) the amount set out in column 1 of the table to this subsection during the year set out in column 3; or

  • (c) the amount set out in column 2 of the table to this subsection during the period that begins on the day on which this section comes into force and ends on December 31 of the year set out in column 3.

  Item	Column 1	Column 2	Column 3
  	Average sulphur content by mass	Cumulative average sulphur content by mass	Year
  1	1.60%	4.40%	2014
  2	1.50%	5.50%	2015
  3	1.40%	6.50%	2016
  4	1.20%	7.20%	2017
  5	1.00%	7.70%	2018
  6	0.80%	8.00%	2019
  7	0.10%	8.00%	2020

• Marginal note:Alternative measures

  (6) Instead of meeting the requirements of subsection (4) or (5), the vessels’ authorized representative may ensure that any combination of the following on one or more of the vessels results in total emissions of sulphur oxides that do not exceed the total emissions of sulphur oxides that would be produced were fuel oil with the sulphur content by mass required by that subsection used on board the vessels:

  • (a) the operation of an exhaust gas cleaning system that meets the requirements of Resolution MEPC.184(59);

  • (b) the use of equipment or materials or the carrying out of procedures; and

  • (c) the use of fuel oil with a reduced sulphur content.

• Marginal note:Washwater from exhaust gas cleaning systems

  (7) The vessels’ authorized representative must ensure that

  • (a) any exhaust gas cleaning system residues are delivered to an onshore reception facility that is licensed by the jurisdiction where the facility is located; and

  • (b) if one or more of the vessels operate an exhaust gas cleaning system that has been certified in accordance with Resolution MEPC.184(59), the washwater from the operation of the system, as well as the monitoring and recording of the washwater, meets the requirement of section 10 of the Resolution.

• Marginal note:Report — the manner in which vessels will be managed

  (8) The vessels’ authorized representative must provide the Minister with a revised report as soon as feasible if

  • (a) after a report is provided under paragraph (1)(b), the manner in which any of the vessels are managed in order to meet the requirements of subsection (4) or (6) changes; or

  • (b) after a report is provided under paragraph (2)(b), the manner in which any of the vessels are managed in order to meet the requirements of subsection (5) or (6) changes.

• Marginal note:Interim report — the manner in which vessels are being managed

  (9) The vessels’ authorized representative must, during the period beginning on June 1 and ending on September 30 of any year in respect of which an election is made under subsection (1) or (2), provide the Minister with an interim report that describes how each of the vessels is being managed in order to meet the requirements of subsection (4), (5) or (6) for that year.

• Marginal note:Report — how vessels were managed

  (10) The vessels’ authorized representative must

  • (a) if an election is made under subsection (1) in respect of a period or year, provide the Minister, on or before March 1 of the year following the period or year, with a report that describes the manner in which each of the vessels was managed in order to meet the requirements of subsection (4) or (6) for that period or year; or

  • (b) if an election is made under subsection (2), provide the Minister, on or before March 1 of each year starting in 2014 and ending in 2021, with a report that describes the manner in which each of the vessels was managed in order to meet the requirements of subsection (5) or (6) for

    • (i) the period that begins on the day on which this section comes into force and ends on December 31, 2013, in the case of a report made in 2014, or

    • (ii) the year before the report is made, in any other case.

• Marginal note:Auditing

  (11) The reports referred to in subsection (10) must be audited for accuracy by a person who has knowledge of the methods of conducting audits and is independent of the authorized representative.

• Marginal note:Canadian Air Pollution Prevention Certificates

  (12) Despite paragraph 122(1)(a), if an election is made under paragraph (1)(a) or (2)(a) in respect of a vessel, the vessel

  • (a) must hold and keep on board a Canadian Air Pollution Prevention Certificate; and

  • (b) is not required to hold and keep on board an International Air Pollution Prevention Certificate, unless the vessel operates in waters that are not waters under Canadian jurisdiction and are not within the Great Lakes and St. Lawrence waters.

Marginal note:Documentation if exhaust gas cleaning system is operated

111.2 If a vessel operates an exhaust gas cleaning system referred to in paragraph 111(4)(a) or 111.1(6)(a) or (c),

• (a) the vessel must hold and keep on board a certificate of type approval certifying that the system meets the applicable requirements referred to in Resolution MEPC.184(59);

• (b) the vessel must keep on board an EGC System Technical Manual “Scheme A” that meets the requirements of section 4.2.2 of Resolution MEPC.184(59) or an EGC System Technical Manual “Scheme B” that meets the requirements of section 5.6 of Resolution MEPC.184(59);

• (c) the vessel must keep on board a SO_x Emissions Compliance Plan that meets the requirements of section 9.1.1 of Resolution MEPC.184(59);

• (d) the authorized representative must ensure that the information required by Resolution MEPC.184(59) respecting the operation, maintenance, servicing, adjustments and monitoring of the system is recorded as required by the Resolution; and

• (e) the vessel must keep on board the information referred to in paragraph (d) in the form and manner required by Resolution MEPC.184(59).

Diesel Engines with a Displacement of Less than 30 L Per Cylinder

Marginal note:New diesel engines

• 111.3 (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any new diesel engine that has a displacement of 7 L or more per cylinder but less than 30 L per cylinder, and that is installed on the vessel for its propulsion, has been certified

  • (a) by the United States Environmental Protection Agency as meeting the requirements of Title 40, section 1042.101, of the Code of Federal Regulations of the United States for Category 2 engines; or

  • (b) by the government of another state as meeting requirements for emissions of particulate matter, nitrogen oxides and hydrocarbons that are equivalent to the requirements referred to in paragraph (a).

• Marginal note:Deferred application

  (2) Subsection (1) does not apply before January 1, 2016.

Volatile Organic Compounds

Marginal note:Vapour collection systems

• 112 (1) The authorized representative of an oil tanker, an NLS tanker or a gas carrier that uses a vapour collection system for volatile organic compounds must ensure that the vessel is fitted with a vapour collection system that meets the requirements of regulation 15.5 of Annex VI to MARPOL.

• Marginal note:Application to gas carriers

  (2) Subsection (1) applies in respect of a gas carrier only if the type of loading and containment systems used by the carrier allow safe retention of non-methane volatile organic compounds on board or their safe return ashore.

• Marginal note:VOC management plan

  (3) The authorized representative of a crude oil tanker must ensure that a volatile organic compounds management plan that meets the requirements of regulation 15.6 of Annex VI to MARPOL is implemented.

Shipboard Incineration

Marginal note:Prohibition

113 A person must not incinerate any of the following substances on a vessel:

• (a) oil cargo residues, noxious liquid substance cargo residues and marine pollutants;

• (b) polychlorinated biphenyls;

• (c) garbage containing more than traces of heavy metals;

• (d) refined petroleum products containing halogen compounds;

• (e) sewage sludge and sludge oil that are not generated on board the vessel; and

• (f) exhaust gas cleaning system residues.

Marginal note:Prohibition unless in a shipboard incinerator

• 114 (1) Subject to subsection (2), a person must not incinerate a substance on a vessel unless the incineration is in a shipboard incinerator.

• Marginal note:Sewage sludge or sludge oil

  (2) Sewage sludge or sludge oil generated during the normal operation of a vessel may be incinerated in the main or auxiliary power plant or the boilers on the vessel if the incineration does not take place inside ports, harbours or estuaries.

• Marginal note:Polyvinyl chlorides

  (3) A person must not incinerate polyvinyl chlorides on a vessel unless the incineration is in a shipboard incinerator that meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

Marginal note:Shipboard incinerators

• 115 (1) This section applies in respect of a shipboard incinerator that is installed

  • (a) after December 31, 1999

    • (i) on a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction, or

    • (ii) on a foreign vessel; or

  • (b) after May 2, 2007 on a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction.

• Marginal note:Regulation 16.6.1 of Annex VI to MARPOL

  (2) The authorized representative of a vessel must ensure that every shipboard incinerator installed on the vessel meets the requirements of regulation 16.6.1 of Annex VI to MARPOL.

• Marginal note:Operating personnel

  (3) The authorized representative of a vessel must ensure that the personnel responsible for the operation of a shipboard incinerator are trained and capable of implementing the guidance provided in the manufacturer’s operating manual.

• Marginal note:Monitoring

  (4) The master of a vessel must ensure that

  • (a) the combustion flue gas outlet temperature of a shipboard incinerator is monitored at all times; and

  • (b) waste or other matter is not fed into a continuous-feed shipboard incinerator when the temperature is below 850°C.

• Marginal note:Batch-loaded shipboard incinerators

  (5) The authorized representative of a vessel on which a batch-loaded shipboard incinerator is installed must ensure that it is designed so that the temperature in the combustion chamber reaches 600°C within five minutes after start-up and stabilizes at not less than 850°C.

Fuel Oil Quality

Marginal note:Requirements

• 116 (1) The authorized representative of a vessel must ensure that fuel oil used on board the vessel for combustion purposes does not contain inorganic acid and meets the following requirements:

  • (a) in the case of fuel oil derived from petroleum refining, the fuel oil must be a blend of hydrocarbons, with or without the incorporation of small amounts of additives that are intended to improve performance, and must not contain any added substance or chemical waste that

    • (i) jeopardizes the vessel’s safety,

    • (ii) jeopardizes the safety or health of the vessel’s personnel,

    • (iii) adversely affects the performance of the vessel’s machinery, or

    • (iv) contributes overall to additional air pollution; or

  • (b) in the case of fuel oil derived by methods other than petroleum refining, the fuel oil must not

    • (i) jeopardize the vessel’s safety,

    • (ii) jeopardize the safety or health of the vessel’s personnel,

    • (iii) adversely affect the performance of the vessel’s machinery, or

    • (iv) contribute overall to additional air pollution.

• Marginal note:Limited application

  (2) Subparagraphs (1)(a)(ii) and (iii) and (b)(ii) and (iii) apply in respect of foreign vessels, and pleasure craft that are not Canadian vessels, only when they are in Canadian waters.

Unavailability of Compliant Fuel Oil

Marginal note:Canadian vessels and Canadian pleasure craft

• 116.1 (1) If a Canadian vessel or a Canadian pleasure craft cannot, while voyaging in accordance with its voyage plan, obtain fuel oil that meets the requirements of this Division, its master must notify the Minister and, if its port of destination is not in Canada, the competent authority of that port.

• Marginal note:Foreign vessels and foreign pleasure craft

  (2) If a foreign vessel or a foreign pleasure craft whose port of destination is in Canada cannot, while voyaging in accordance with its voyage plan, obtain fuel oil that meets the requirements of this Division, its master must notify the Minister.

• Marginal note:Contents of notification

  (3) The notification must include

  • (a) the vessel’s name and, if applicable, the vessel’s IMO ship identification number;

  • (b) the vessel’s port of origin and port of destination;

  • (c) details of the attempts that were made to obtain fuel oil that meets the requirements of this Division, including the names and addresses of the fuel oil suppliers contacted, and the dates on which contact was made;

  • (d) the sulphur content of the fuel oil that was obtained; and

  • (e) the measures that will be taken to obtain, as soon as feasible, fuel oil that meets the requirements of this Division.

Energy Efficiency

Marginal note:Interpretation

• 116.2 (1) The following definitions apply in this section.

  bulk carrier

  bulk carrier means a vessel that is intended primarily to carry dry cargo in bulk, but does not include combination carriers. (vraquier)

  combination carrier

  combination carrier means a vessel designed to carry liquid or dry cargo in bulk. (transporteur mixte)

  container vessel

  container vessel means a vessel designed exclusively for the carriage of containers. (porte-conteneurs)

  existing vessel

  existing vessel means a vessel that is not a new vessel. (bâtiment existant)

  gas carrier

  gas carrier means a cargo vessel constructed or adapted, and used, for the carriage in bulk of any liquefied gas. (transporteur de gaz)

  general cargo vessel

  general cargo vessel means a vessel with a multi-deck or single deck hull designed primarily for the carriage of general cargo, but does not include livestock carriers, barge carriers, heavy load carriers, yacht carriers or nuclear fuel carriers. (bâtiment pour marchandises diverses)

  new vessel

  new vessel means a vessel

  • (a) for which the building contract is placed after June 30, 2013;

  • (b) that is constructed after June 30, 2013, in the absence of a building contract; or

  • (c) that is delivered 30 months or more after June 30, 2015. (bâtiment neuf)

  refrigerated cargo carrier

  refrigerated cargo carrier means a vessel designed exclusively for the carriage of refrigerated cargoes in holds. (transporteur de cargaisons réfrigérées)

  ro-ro cargo vessel

  ro-ro cargo vessel means a vessel designed for the carriage of cargo transportation units. (bâtiment de charge roulier)

  ro-ro cargo vessel (vehicle carrier)

  ro-ro cargo vessel (vehicle carrier) means a multi-deck ro-ro cargo vessel designed for the carriage of empty cars and trucks. (bâtiment de charge roulier (transporteur de véhicules))

  ro-ro passenger vessel

  ro-ro passenger vessel means a passenger vessel with ro-ro cargo spaces. (bâtiment roulier à passagers)

  tanker

  tanker means a chemical tanker, NLS tanker or oil tanker. (bâtiment-citerne)

• Marginal note:Application

  (2) Subsections (3) and (4) do not apply in respect of

  • (a) a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction or in the Great Lakes and St. Lawrence waters; or

  • (b) a vessel that has a diesel-electric propulsion, turbine propulsion or hybrid propulsion system.

• Marginal note:Attained Energy Efficiency Design Index

  (3) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, passenger vessel, refrigerated cargo carrier, ro-ro cargo vessel, ro-ro cargo vessel (vehicle carrier), ro-ro passenger vessel or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 20 of Annex VI to MARPOL are met if

  • (a) the vessel is a new vessel; or

  • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

• Marginal note:Required Energy Efficiency Design Index

  (4) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, refrigerated cargo carrier or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 21 of Annex VI to MARPOL are met if

  • (a) the vessel is a new vessel; or

  • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

• Marginal note:Waivers

  (5) In the case of a foreign vessel, the requirements of subsections (3) and (4) are subject to the exercise of the power conferred by regulation 19.4 of Annex VI to MARPOL by the government of the state whose flag the vessel is entitled to fly.

SUBDIVISION 2Smoke

Marginal note:Application

• 117 (1) This Subdivision applies only in respect of vessels in Canadian waters within 1 nautical mile from shore.

• Marginal note:Non-application

  (2) This Subdivision does not apply in respect of vessels during the start-up or maintenance of smoke-producing systems.

Marginal note:Density of black smoke

• 118 (1) For the purposes of this section and section 119, the smoke chart to be used in determining the density of black smoke is the Department of Transport Smoke Chart set out in Schedule 3 or a comparable chart on which fine black dots or lines, evenly spaced on a white ground space, are so arranged as to indicate

  • (a) density number 1, by having approximately 20% of the space black;

  • (b) density number 2, by having approximately 40% of the space black;

  • (c) density number 3, by having approximately 60% of the space black;

  • (d) density number 4, by having approximately 80% of the space black; and

  • (e) density number 5, by having approximately 100% of the space black.

• Marginal note:Visual observation

  (2) The density of black smoke is to be determined by visual observation, by

  • (a) holding a smoke chart at arm’s length;

  • (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and

  • (c) matching the shade of the smoke to the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Closest resemblance

  (3) When a determination of the density of black smoke is made in accordance with subsections (1) and (2), the black smoke is considered to be of the density and to have the density number indicated by the shade of smoke density that it most closely resembles on the smoke chart.

• Marginal note:Other smoke

  (4) Smoke that is not black smoke is considered to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

• Definition of black smoke

  (5) In this section, black smoke means smoke that appears black or blackish.

Marginal note:Limits of smoke emission — general

• 119 (1) Subject to subsection (2), a person must not operate on a vessel a fuel-burning installation that does not utilize hand-fired boilers and that is emitting smoke of a density greater than density number 1.

• Marginal note:Relaxation of limit

  (2) A fuel-burning installation that does not utilize hand-fired boilers may emit smoke of density number 2 for an aggregate of not more than 4 minutes in any 30-minute period.

• Marginal note:Limits of smoke emission — hand-fired boilers

  (3) Subject to subsection (4), a person must not operate on a vessel a fuel-burning installation that utilizes hand-fired boilers and that is emitting smoke of a density greater than density number 2.

• Marginal note:Relaxation of limit

  (4) A fuel-burning installation that utilizes hand-fired boilers may

  • (a) while in the Detroit River, emit smoke of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period; and

  • (b) while elsewhere than in the Detroit River, emit smoke

    • (i) of a density not greater than density number 3 for an aggregate of not more than 9 minutes in any 30-minute period, and

    • (ii) of a density not greater than density number 4 for an aggregate of not more than 3 minutes in any 30-minute period.

SUBDIVISION 3Certificates

Certificates, Endorsements and Inspections

Marginal note:Issuance of Canadian Air Pollution Prevention Certificates

• 120 (1) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue a Canadian Air Pollution Prevention Certificate to the vessel if the applicable requirements of this Division, other than those of section 116.2, are met.

• Marginal note:Issuance of International Air Pollution Prevention Certificates

  (2) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Air Pollution Prevention Certificate to the vessel if the applicable requirements of chapter 3 of Annex VI to MARPOL are met.

• Marginal note:Issuance of International Energy Efficiency Certificate

  (3) On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft, and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Energy Efficiency Certificate to the vessel if the applicable requirements of chapter 4 of Annex VI to MARPOL are met.

Marginal note:Endorsement of Canadian Air Pollution Prevention Certificates

• 121 (1) The authorized representative of a vessel that holds a Canadian Air Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

• Marginal note:Endorsement of International Air Pollution Prevention Certificates

  (2) The authorized representative of a vessel that holds an International Air Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 5.1.3, 5.1.4 and 6.3 of Annex VI to MARPOL.

• Marginal note:Inspection

  (3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 120 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

• Marginal note:Non-application

  (4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 4Shipboard Documents

Marginal note:Certificates, etc.

• 122 (1) Every vessel of 400 gross tonnage or more must

  • (a) hold and keep on board

    • (i) a Canadian Air Pollution Prevention Certificate, or an International Air Pollution Prevention Certificate in the form set out in appendix I to Annex VI to MARPOL, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction or in the Great Lakes and St. Lawrence waters,

    • (ii) an International Air Pollution Prevention Certificate in the form set out in appendix I to Annex VI to MARPOL, if the vessel

      • (A) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

      • (B) is entitled to fly the flag of a foreign state that is a party to Annex VI to MARPOL, or

    • (iii) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex VI to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex VI to MARPOL; and

  • (b) keep on board

    • (i) if the vessel has a marine diesel engine in respect of which any of sections 110.1 to 110.3 apply, an applicable certificate of type approval and a Technical File that meets the requirements of section 2.3.4 of the NO_x Technical Code,

    • (ii) if the vessel has a shipboard incinerator in respect of which section 115 applies, a certificate of type approval and an equipment operation manual that specifies how to operate the incinerator within the limits set out in paragraph 2 of appendix IV to Annex VI to MARPOL, and

    • (iii) if the vessel is referred to in subparagraph (a)(ii) or (iii), a list, in the form set out in Appendix I to Annex VI to MARPOL, of equipment that contains ozone depleting substances, other than equipment referred to in subsection 109(5).

• Marginal note:VOC management plan

  (2) Every crude oil tanker must keep on board the volatile organic compounds management plan referred to in subsection 112(3).

• Marginal note:International Energy Efficiency Certificates, etc.

  (3) Every vessel of 400 gross tonnage or more must hold and keep on board

  • (a) an International Energy Efficiency Certificate in the form set out in appendix VIII to Annex VI to MARPOL, if the vessel

    • (i) is a Canadian vessel and does not engage only on voyages in waters under Canadian jurisdiction, or

    • (ii) is entitled to fly the flag of a foreign state that is a party to Annex VI to MARPOL; or

  • (b) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex VI to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex VI to MARPOL.

• Marginal note:Ship Energy Efficiency Management Plans

  (4) Every vessel of 400 gross tonnage or more that does not engage only on voyages in waters under Canadian jurisdiction, and every Canadian vessel of 400 gross tonnage or more that engages only on voyages in waters under Canadian jurisdiction, must keep on board a Ship Energy Efficiency Management Plan that meets the requirements of regulation 22 of Annex VI to MARPOL. The Plan may form part of the vessel’s Safety Management System, if the vessel has one.

• Marginal note:Non-application — U.S. vessels

  (5) Subsections (3) and (4) do not apply in respect of a vessel that is entitled to fly the flag of the United States.

SUBDIVISION 5Record-keeping and Samples

Marginal note:Record book of engine parameters

123 A vessel that is fitted with a marine diesel engine in respect of which any of sections 110.1 to 110.3 apply must keep on board a record book of engine parameters and maintain it in accordance with section 6.2.2 of the NO_x Technical Code.

Marginal note:Bunker delivery notes

• 124 (1) The master of a vessel referred to in subparagraph 122(1)(a)(ii) or (iii) must ensure that the details of fuel oil delivered to and used on board the vessel for combustion purposes are recorded in a bunker delivery note that contains at least the information specified in appendix V to Annex VI to MARPOL.

• Marginal note:Keep on board

  (2) The vessel’s master must keep the bunker delivery note on board for three years after the day on which the fuel oil was delivered on board.

• Marginal note:Fuel oil samples

  (3) The vessel’s master must ensure that the requirements of regulation 18.8.1 of Annex VI to MARPOL, respecting a representative sample of the fuel oil delivered that must accompany the bunker delivery note, are met.

Marginal note:Ozone Depleting Substances Record Book

• 124.1 (1) Every vessel referred to in subparagraph 122(1)(a)(ii) or (iii) that has a rechargeable system containing ozone depleting substances, other than any system or equipment referred to in subsection 109(5), must maintain an Ozone Depleting Substances Record Book and keep it on board.

• Marginal note:Entries

  (2) The vessel’s master must ensure that entries are made without delay in the Ozone Depleting Substances Record Book in respect of the following:

  • (a) the repair or maintenance of equipment containing ozone depleting substances;

  • (b) the recharge, full or partial, of equipment containing ozone depleting substances;

  • (c) any emission of ozone depleting substances;

  • (d) the transfer of ozone depleting substances to land-based reception facilities; and

  • (e) the supply of ozone depleting substances to the vessel.

• Marginal note:Mass of ozone depleting substances

  (3) The entries must include the mass of the ozone depleting substances that are involved in a recharge of equipment or that are emitted, transferred or supplied, as the case may be.

SUBDIVISION 6Exemptions and Equivalents

Marginal note:Board

• 125 (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3.2 and 4 of Annex VI to MARPOL.

• Marginal note:Foreign governments

  (2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulations 3.2 and 4 of Annex VI to MARPOL by the government of the state whose flag the vessel is entitled to fly.

DIVISION 7Pollutant Substances

Marginal note:Discharge prohibited

• 126 (1) A vessel in waters under Canadian jurisdiction, and a person on such a vessel, must not discharge, except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge, a substance listed in Schedule 1 that is not

  • (a) carried in packaged form; or

  • (b) carried in a cargo container, a road vehicle, a trailer, a portable tank, a railway vehicle or a tank mounted on a chassis.

• Marginal note:Authorized discharge — noxious liquid substances

  (2) For the purposes of subsection (1), a noxious liquid substance may be discharged from a vessel in Section II waters if the discharge is made in accordance with any of sections 68 to 71.

• Marginal note:Authorized discharge — chlorine

  (3) For the purposes of subsection (1), chlorine that is in sewage effluent may be discharged from a vessel if

  • (a) the discharge is made as a result of the chlorine being used in a marine sanitation device to disinfect sewage; and

  • (b) when the vessel is in Section I waters or at a distance of less than three nautical miles from shore in Section II waters, the total residual chlorine content in the effluent is equal to or less than 0.5 mg/L.

• Marginal note:Limited application — pleasure craft

  (4) This section applies in respect of pleasure craft that are not Canadian vessels only when they are in Canadian waters.

DIVISION 8Anti-fouling Systems

Controls on Anti-fouling Systems

Marginal note:Organotin compounds

• 127 (1) The authorized representative of a vessel must ensure that it does not have an anti-fouling system that contains any organotin compound that acts as a biocide.

• Marginal note:If applied before January 1, 2008

  (2) Subsection (1) does not apply in respect of an organotin compound applied before January 1, 2008 that has a coating that forms a barrier preventing the compound from leaching.

Certificates and Endorsements

Marginal note:Issuance of International Anti-fouling System Certificates

128 On application by the authorized representative of a Canadian vessel or a Canadian pleasure craft and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue an International Anti-fouling System Certificate to the vessel if the applicable requirements of Annex 1 to the Anti-fouling Systems Convention are met.

Marginal note:Endorsement

129 The authorized representative of a vessel that holds an International Anti-fouling System Certificate must ensure that the certificate is endorsed as required by regulation 1(1)(b) of Annex 4 to the Anti-fouling Systems Convention.

Shipboard Documents

Marginal note:Certificates

130 Every vessel of 400 gross tonnage or more must hold and keep on board

• (a) an International Anti-fouling System Certificate in the form set out in appendix 1 to Annex 4 to the Anti-fouling Systems Convention, if the vessel

  • (i) is a Canadian vessel or a Canadian pleasure craft, or

  • (ii) is entitled to fly the flag of a foreign state that is a party to the Anti-fouling Systems Convention; or

• (b) a certificate of compliance certifying that the vessel meets the applicable requirements of the Anti-fouling Systems Convention, if the vessel is entitled to fly the flag of a state that is not a party to the Anti-fouling Systems Convention.

Definition of length

• 131 (1) In this section, length has the same meaning as in article 2(8) of the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating to the Convention.

• Marginal note:Anti-fouling Systems Declaration

  (2) A vessel that is 24 m or more in length but of less than 400 gross tonnage and does not engage only on voyages in waters under Canadian jurisdiction must keep on board a declaration confirming that the anti-fouling system applied to the vessel meets the applicable requirements of Annex 1 to the Anti-fouling Systems Convention.

• Marginal note:Signing

  (3) The declaration must be signed by the authorized representative, in the case of a Canadian vessel, and the owner, in the case of any other vessel.

• Marginal note:Language

  (4) The declaration must be in the form set out in Schedule 4. It 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:Endorsement

  (5) The declaration must be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement of the system applied to the vessel.

DIVISION 9Greywater

Marginal note:Definitions

• 131.1 (1) The following definitions apply in this section.

  greywater

  greywater means drainage from sinks, laundry machines, bath tubs, shower-stalls or dishwashers. It does not include sewage, or drainage from machinery spaces or workshop areas. (eaux grises)

  new passenger vessel

  new passenger vessel means

  • (a) a passenger vessel that is constructed on or after the day on which this section comes into force;

  • (b) a passenger vessel that, on or after the day on which this section comes into force, undergoes a conversion that

    • (i) substantially alters the dimensions or carrying capacity of the vessel, or

    • (ii) is intended to substantially prolong the life of the vessel; or

  • (c) a vessel that, on or after the day on which this section comes into force, is converted into a passenger vessel. (bâtiment à passagers neuf)

  release

  release includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (libération)

• Marginal note:Application

  (2) This section applies in respect of vessels in waters under Canadian jurisdiction other than arctic waters.

• Marginal note:Non-application

  (3) This section does not apply in respect of a release of greywater that

  • (a) is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel; or

  • (b) occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers.

• Marginal note:Solids in water and sheen on water prohibited

  (4) The authorized representative of a vessel must ensure that any release of greywater by or from the vessel into the water does not result in the deposit of solids in the water or leave a sheen on the water.

• Marginal note:New passenger vessels

  (5) The authorized representative of a new passenger vessel that is carrying more than 500 passengers must ensure that any release of greywater by or from the vessel into the water

  • (a) is passed through a marine sanitation device that meets the requirements of section 90; or

  • (b) is made at a distance of at least three nautical miles from shore.

• Marginal note:Certificates of type approval

  (6) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of paragraph (5)(a) must keep on board

  • (a) a certificate of type approval

    • (i) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection, and

    • (ii) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number; and

  • (b) a manual that sets out the operational and maintenance procedures for the device.

PART 3Pollutant Discharge Reporting

Marginal note:Vessels in waters under Canadian jurisdiction

• 132 (1) The master of a vessel in waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:Canadian vessels in other waters

  (2) The master of a Canadian vessel in waters that are not waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel of oil, a noxious liquid substance carried in bulk or a marine pollutant that is not carried in bulk if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:When report is to be made

  (3) The master must make the report

  • (a) as soon as a discharge occurs or is anticipated; or

  • (b) as soon as feasible after a discharge occurs or is anticipated, if the master is unable to make the report under paragraph (a) because he or she is involved in activities relating to

    • (i) saving lives,

    • (ii) securing the vessel’s safety or preventing its immediate loss,

    • (iii) preventing or mitigating damage to the vessel or its equipment, or

    • (iv) preventing or mitigating damage to the environment.

• Marginal note:If report not made in accordance with paragraph (3)(a)

  (4) If the authorized representative of a Canadian vessel, or the owner of any other vessel, is not on board the vessel and has knowledge that a report has not been made in accordance with paragraph (3)(a), the authorized representative or owner must make the report immediately.

• Marginal note:Contents of report

  (5) Every report must be made in accordance with sections 2 and 3.1 to 3.3 of the appendix to the Annex to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, IMO Resolution A.851(20), and must include the following information:

  • (a) the identity of every vessel involved;

  • (b) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  • (c) the nature of the discharge or anticipated discharge, including the type and estimated quantity of pollutant involved; and

  • (d) in the case of a discharge, a description of the assistance and salvage measures employed.

• Marginal note:Vessels rendering assistance or undertaking salvage

  (6) The master of a vessel must report the particulars of any action taken in rendering assistance to or undertaking salvage of another vessel whose master is required under subsection (1) or (2) to report a discharge or an anticipated discharge.

• Marginal note:To whom reports are made

  (7) A report required by subsection (1), (2), (4) or (6) must be made to

  • (a) a marine safety inspector or a marine communications and traffic services officer, in the case of a discharge or anticipated discharge in waters under Canadian jurisdiction; or

  • (b) an appropriate official of the nearest coastal state, in the case of a discharge or anticipated discharge from a Canadian vessel in waters that are not waters under Canadian jurisdiction.

• Marginal note:Supplementary reports

  (8) A person who makes a report must, whenever there is further information relating to the incident and essential for the protection of the marine environment, submit to the person to whom the report was made a supplementary report with as much of that information as possible.

• Marginal note:Language

  (9) Despite the requirement in the IMO Resolution referred to in subsection (5) that the languages used in reports include English where language difficulties may exist, a report made to a marine safety inspector or a marine communications and traffic services officer may be made in English or French.

Marginal note:Oil handling facilities

• 133 (1) The operator of an oil handling facility who is required to have an oil pollution emergency plan under paragraph 168(1)(d) of the Act must, as soon as feasible,

  • (a) report any discharge or anticipated discharge of oil to the federal emergency telephone number identified in the oil pollution emergency plan; and

  • (b) report in writing any discharge or anticipated discharge of oil to the Department of Transport Marine Safety Office nearest to the facility.

• Marginal note:Contents of report

  (2) The report must include the following information:

  • (a) the identity of any vessel involved;

  • (b) the name and address of the oil handling facility;

  • (c) the name and position of the person who is responsible for implementing and coordinating the oil pollution emergency plan;

  • (d) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  • (e) the nature of the discharge or anticipated discharge, including the type and estimated quantity of oil involved;

  • (f) a description of the response actions to be taken;

  • (g) on-scene conditions; and

  • (h) any other relevant information.

PART 4Consequential Amendment, Repeals and Coming into Force

Consequential Amendment to the Vessel Clearance Regulations

134 [Amendment]

Repeals

135 [Repeal]

136 [Repeal]

Coming into Force

Marginal note:Registration date

137 These Regulations come into force on the day on which they are registered.