PART 2Specific Provisions (continued)
DIVISION 6Air (continued)
SUBDIVISION 6Exemptions and Equivalents
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
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
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
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.
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.
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
(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
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.
(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.
(4) The declaration must be in the form set out in Schedule 4. It must
(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)
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
(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 includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (libération)
(2) This section applies in respect of vessels in waters under Canadian jurisdiction other than arctic waters.
(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
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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