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 6Control of Cargo Operations (continued)

Marginal note:Procedures — Category X

  •  (1) A tank from which a Category X noxious liquid substance has been unloaded must be washed before the vessel leaves the port of unloading unless

    • (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted before loading nor washed after the vessel leaves the port of unloading;

    • (b) the vessel’s master notifies in writing the Department of Transport Marine Safety Office nearest to the vessel that the tank will be washed at another port that has adequate reception facilities; or

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

  • Marginal note:Transfer of effluent

    (2) Subject to subsection (3), the tank washing 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

    (3) If it is not feasible to measure the concentration of the substance to ensure that it falls within the limit specified in subsection (2) without causing undue delay to the vessel, the tank washing 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 inspectors

    (4) The tank washing 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

  •  (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 be washed 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 tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted before loading nor washed after the vessel leaves the port of unloading;

    • (b) the vessel’s master notifies in writing the Department of Transport Marine Safety Office nearest to the vessel that the tank will be washed at another port that has adequate reception facilities; or

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

Marginal note:Ventilation procedures

 A ventilation procedure must not be used to remove cargo residues for the purposes of paragraph 63(1)(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

 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.

  • SOR/2017-286, s. 32

Marginal note:Prohibition

  •  (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

 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 was washed in accordance with subsection 63(2);

  • (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

 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

 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

  •  (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.

 
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