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

Regulations are current to 2019-08-28 and last amended on 2017-12-19. Previous Versions

PART 2Specific Provisions

DIVISION 1Oil

SUBDIVISION 1Construction and Equipment

Marginal note:Plans and specifications

 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

  •  (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.

Marginal note:5 ppm bilge alarms

  •  (1) The 5 ppm bilge alarm required under paragraph 12(1)(f) must

    • (a) meet the requirements of Part 2 of the Annex to Resolution MEPC.107(49);

    • (b) have an oil content meter that can detect and measure 5 ppm or less of oil in a vessel’s machinery space bilge water overboard discharge;

    • (c) have automatic stopping arrangements; and

    • (d) meet the requirements of section 7 of the Standard for 5 ppm Bilge Alarms for Canadian Inland Waters, TP 12301, published by Transport Canada.

  • Marginal note:Grandfathering

    (2) Paragraphs (1)(a) and (d) do not apply in respect of a 5 ppm bilge alarm installed before May 3, 2007 on a vessel constructed before January 1, 2005 if the alarm meets the applicable requirements of subparagraph 8(1)(e)(ii) of the Oil Pollution Prevention Regulations as they read on May 2, 2007.

 
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