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

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.