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

Regulations are current to 2019-06-20 and last amended on 2017-12-19. Previous Versions

PART 2Specific Provisions (continued)

DIVISION 2Noxious Liquid Substances and Dangerous Chemicals (continued)

SUBDIVISION 3Certificates, Endorsements and Inspections (continued)

Marginal note:Endorsement of Canadian NLS certificates

  •  (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

  •  (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

  •  (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

 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

 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

  •  (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 washing operations

 The tank washing 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

  •  (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.

 
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