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 6Air (continued)

SUBDIVISION 1Requirements for Control of Emissions from Vessels (continued)

Energy Efficiency

Marginal note:Interpretation

  •  (1) The following definitions apply in this section.

    bulk carrier

    bulk carrier means a vessel that is intended primarily to carry dry cargo in bulk, but does not include combination carriers. (vraquier)

    combination carrier

    combination carrier means a vessel designed to carry liquid or dry cargo in bulk. (transporteur mixte)

    container vessel

    container vessel means a vessel designed exclusively for the carriage of containers. (porte-conteneurs)

    existing vessel

    existing vessel means a vessel that is not a new vessel. (bâtiment existant)

    gas carrier

    gas carrier means a cargo vessel constructed or adapted, and used, for the carriage in bulk of any liquefied gas. (transporteur de gaz)

    general cargo vessel

    general cargo vessel means a vessel with a multi-deck or single deck hull designed primarily for the carriage of general cargo, but does not include livestock carriers, barge carriers, heavy load carriers, yacht carriers or nuclear fuel carriers. (bâtiment pour marchandises diverses)

    new vessel

    new vessel means a vessel

    • (a) for which the building contract is placed after June 30, 2013;

    • (b) that is constructed after June 30, 2013, in the absence of a building contract; or

    • (c) that is delivered 30 months or more after June 30, 2015. (bâtiment neuf)

    refrigerated cargo carrier

    refrigerated cargo carrier means a vessel designed exclusively for the carriage of refrigerated cargoes in holds. (transporteur de cargaisons réfrigérées)

    ro-ro cargo vessel

    ro-ro cargo vessel means a vessel designed for the carriage of cargo transportation units. (bâtiment de charge roulier)

    ro-ro cargo vessel (vehicle carrier)

    ro-ro cargo vessel (vehicle carrier) means a multi-deck ro-ro cargo vessel designed for the carriage of empty cars and trucks. (bâtiment de charge roulier (transporteur de véhicules))

    ro-ro passenger vessel

    ro-ro passenger vessel means a passenger vessel with ro-ro cargo spaces. (bâtiment roulier à passagers)

    tanker

    tanker means a chemical tanker, NLS tanker or oil tanker. (bâtiment-citerne)

  • Marginal note:Application

    (2) Subsections (3) and (4) do not apply in respect of

    • (a) a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction or in the Great Lakes and St. Lawrence waters; or

    • (b) a vessel that has a diesel-electric propulsion, turbine propulsion or hybrid propulsion system.

  • Marginal note:Attained Energy Efficiency Design Index

    (3) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, passenger vessel, refrigerated cargo carrier, ro-ro cargo vessel, ro-ro cargo vessel (vehicle carrier), ro-ro passenger vessel or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 20 of Annex VI to MARPOL are met if

    • (a) the vessel is a new vessel; or

    • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

  • Marginal note:Required Energy Efficiency Design Index

    (4) In the case of a vessel of 400 gross tonnage or more that is a bulk carrier, combination carrier, container vessel, gas carrier, general cargo vessel, refrigerated cargo carrier or tanker, the authorized representative of the vessel must ensure that the requirements of regulation 21 of Annex VI to MARPOL are met if

    • (a) the vessel is a new vessel; or

    • (b) the vessel is an existing vessel and is considered to be a newly constructed vessel for the purposes of chapter 4 of Annex VI to MARPOL.

  • Marginal note:Waivers

    (5) In the case of a foreign vessel, the requirements of subsections (3) and (4) are subject to the exercise of the power conferred by regulation 19.4 of Annex VI to MARPOL by the government of the state whose flag the vessel is entitled to fly.

  • SOR/2013-68, s. 19

SUBDIVISION 2Smoke

Marginal note:Application

  •  (1) This Subdivision applies only in respect of vessels in Canadian waters within 1 nautical mile from shore.

  • Marginal note:Non-application

    (2) This Subdivision does not apply in respect of vessels during the start-up or maintenance of smoke-producing systems.

Marginal note:Density of black smoke

  •  (1) For the purposes of this section and section 119, the smoke chart to be used in determining the density of black smoke is the Department of Transport Smoke Chart set out in Schedule 3 or a comparable chart on which fine black dots or lines, evenly spaced on a white ground space, are so arranged as to indicate

    • (a) density number 1, by having approximately 20% of the space black;

    • (b) density number 2, by having approximately 40% of the space black;

    • (c) density number 3, by having approximately 60% of the space black;

    • (d) density number 4, by having approximately 80% of the space black; and

    • (e) density number 5, by having approximately 100% of the space black.

  • Marginal note:Visual observation

    (2) The density of black smoke is to be determined by visual observation, by

    • (a) holding a smoke chart at arm’s length;

    • (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and

    • (c) matching the shade of the smoke to the shade of smoke density that it most closely resembles on the smoke chart.

  • Marginal note:Closest resemblance

    (3) When a determination of the density of black smoke is made in accordance with subsections (1) and (2), the black smoke is considered to be of the density and to have the density number indicated by the shade of smoke density that it most closely resembles on the smoke chart.

  • Marginal note:Other smoke

    (4) Smoke that is not black smoke is considered to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

  • Definition of black smoke

    (5) In this section, black smoke means smoke that appears black or blackish.

Marginal note:Limits of smoke emission — general

  •  (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.

 
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