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 6Exemptions and Equivalents

Marginal note:Board

  •  (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.

  • SOR/2013-68, s. 24

DIVISION 7Pollutant Substances

Marginal note:Discharge prohibited

  •  (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

  •  (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

 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

 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

 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

  •  (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.

  • SOR/2013-68, s. 25(F)

DIVISION 9Greywater

Marginal note:Definitions

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

    greywater

    greywater means drainage from sinks, laundry machines, bath tubs, shower-stalls or dishwashers. It does not include sewage, or drainage from machinery spaces or workshop areas. (eaux grises)

    new passenger vessel

    new passenger vessel means

    • (a) a passenger vessel that is constructed on or after the day on which this section comes into force;

    • (b) a passenger vessel that, on or after the day on which this section comes into force, undergoes a conversion that

      • (i) substantially alters the dimensions or carrying capacity of the vessel, or

      • (ii) is intended to substantially prolong the life of the vessel; or

    • (c) a vessel that, on or after the day on which this section comes into force, is converted into a passenger vessel. (bâtiment à passagers neuf)

    release

    release includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (libération)

  • Marginal note:Application

    (2) This section applies in respect of vessels in waters under Canadian jurisdiction other than arctic waters.

  • Marginal note:Non-application

    (3) This section does not apply in respect of a release of greywater that

    • (a) is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel; or

    • (b) 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.

  • Marginal note:Solids in water and sheen on water prohibited

    (4) The authorized representative of a vessel must ensure that any release of greywater by or from the vessel into the water does not result in the deposit of solids in the water or leave a sheen on the water.

  • Marginal note:New passenger vessels

    (5) The authorized representative of a new passenger vessel that is carrying more than 500 passengers must ensure that any release of greywater by or from the vessel into the water

    • (a) is passed through a marine sanitation device that meets the requirements of section 90; or

    • (b) is made at a distance of at least three nautical miles from shore.

  • Marginal note:Certificates of type approval

    (6) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of paragraph (5)(a) must keep on board

    • (a) a certificate of type approval

      • (i) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection, and

      • (ii) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number; and

    • (b) a manual that sets out the operational and maintenance procedures for the device.

  • SOR/2013-68, s. 26
 
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