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

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.