PART 2Specific Provisions (continued)
DIVISION 2Noxious Liquid Substances and Dangerous Chemicals (continued)
SUBDIVISION 8Transfer Operations (continued)
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.
Marginal note:Cargo Record Books for NLS tankers
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
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.
(4) An entry in the Cargo Record Book must
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: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.
(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.
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]
- SOR/2013-68, s. 13
Definition of existing vessel
(2) This Division does not apply before May 3, 2012 in respect of an existing vessel that
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.
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
(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).
(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.
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