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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 (continued)

DIVISION 1Oil (continued)

SUBDIVISION 2Certificates, Endorsements and Inspections (continued)

Marginal note:Endorsement of Canadian Oil Pollution Prevention Certificates

  •  (1) The authorized representative of a vessel that holds a Canadian Oil Pollution Prevention Certificate must ensure that the certificate is endorsed by the Minister, within three months before or after each anniversary date of the issuance of the certificate, to indicate that the requirements for the issuance of the certificate are met.

  • Marginal note:Endorsement of International Oil Pollution Prevention Certificates

    (2) The authorized representative of a vessel that holds an International Oil Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 6.1.3, 6.1.4 and 7.2 of Annex I to MARPOL.

  • Marginal note:Inspection

    (3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 23 are changed as a result of an accident, the discovery of a defect, a repair or a major conversion that affects the requirements that were met when the certificate was issued, the authorized representative of the vessel must ensure that the Minister inspects the vessel as soon as feasible to ensure that the requirements continue to be met.

  • Marginal note:Non-application

    (4) Subsection (3) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.

SUBDIVISION 3Shipboard Documents

Marginal note:Certificates

  •  (1) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more, that carries oil as cargo or as fuel must hold and keep on board

    • (a) a Canadian Oil Pollution Prevention Certificate, if the vessel is a Canadian vessel or a Canadian pleasure craft and engages only on voyages in waters under Canadian jurisdiction;

    • (b) an International Oil Pollution Prevention Certificate that is in the form set out in appendix II to Annex I to MARPOL, if the vessel

      • (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or

      • (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL; or

    • (c) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex I to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to MARPOL.

  • Marginal note:Certificates of type approval, etc.

    (2) Every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board

    • (a) a copy of the certificate of type approval for any of the following equipment that is fitted on the vessel:

      • (i) a 100 ppm oily-water separator and a process unit,

      • (ii) oil filtering equipment,

      • (iii) an oil content meter for the equipment referred to in subparagraph (i) or (ii),

      • (iv) an oil content meter for an oil discharge monitoring and control system, and

      • (v) an oil-water interface detector;

    • (b) in respect of the equipment referred to in subparagraphs (a)(iii) and (iv), a calibration certificate issued by or on behalf of its manufacturer;

    • (c) in the case of an oil tanker, the information referred to in regulation 28.5 of Annex I to MARPOL relative to loading and distribution of cargo and the data referred to in that regulation on the ability of the tanker to comply with damage stability criteria;

    • (d) in the case of an oil tanker fitted with an oil discharge monitoring and control system, an equipment operation manual that meets the requirements of regulation 31.4 of Annex I to MARPOL;

    • (e) in the case of a crude oil tanker of 20 000 tonnes deadweight or more,

      • (i) an Operations and Equipment Manual for the tanker’s crude oil washing system that meets the requirements of regulation 35.1 of Annex I to MARPOL and, if the tanker is a Canadian vessel, that is approved by the Minister as meeting those requirements, and

      • (ii) instruction manuals for the tanker’s inert gas system that contain the information and operational instructions referred to in section 11 of Inert Gas Systems, 1990 edition, published by the IMO, and, if the tanker is a Canadian vessel, that are approved by the Minister as meeting the requirements of that section; and

    • (f) in the case of a combination carrier in respect of which the Minister or, in the case of a combination carrier that is a foreign vessel, the government of the state whose flag the carrier is entitled to fly has allowed simple supplementary operational procedures for liquid transfer operations under regulation 27.2 of Annex I to MARPOL, procedures that meet the requirements of regulation 27.3 of that Annex.

  • Marginal note:Subparagraph (2)(e)(ii)

    (3) Subparagraph (2)(e)(ii) applies

    • (a) only in respect of an oil tanker delivered after 1 June 1982 as defined in regulation 1.28.4 of Annex I to MARPOL; and

    • (b) in respect of Canadian vessels only in waters under Canadian jurisdiction.

Marginal note:Survey report file

  •  (1) Every oil tanker that is more than five years of age must keep on board the survey report file and supporting documentation, including the condition evaluation report, referred to in section 6 of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, Annex B to IMO Resolution A.744(18).

  • Marginal note:Age

    (2) For the purposes of this section, the age of an oil tanker is determined from the day on which it is first delivered.

  • Marginal note:Language

    (3) If an oil tanker engages on voyages only in waters under Canadian jurisdiction, the condition evaluation report must be in English or French.

Marginal note:Emergency plan

  •  (1) Subject to subsections (2) and (3), every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board a shipboard oil pollution emergency plan that meets the requirements of regulation 37 of Annex I to MARPOL.

  • Marginal note:Exception

    (2) A vessel that does not have mechanical means of propulsion and that is fitted with internal combustion engines having a total output of less than 400 kW does not require a shipboard oil pollution emergency plan unless it is carrying 10 tonnes or more of oil

    • (a) in bulk; or

    • (b) in tanks, if one or more of the tanks has a capacity greater than 450 L.

  • Marginal note:Subsection 57(1)

    (3) If subsection 57(1) applies, the shipboard oil pollution emergency plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.

  • Marginal note:Damage stability and residual structural strength calculation

    (4) An oil tanker of 5 000 tonnes deadweight or more must have prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.

Marginal note:STS operations Plan

  •  (1) Every oil tanker of 150 gross tonnage or more that is not alongside a wharf or quay and that is engaged with another oil tanker in a transfer operation involving oil or an oily mixture in bulk must keep on board an STS operations Plan that meets the requirements of regulation 41 of Annex I to MARPOL. In the case of a Canadian vessel, the STS operations Plan must be written in English or French or in both, according to the needs of the crew.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of

    • (a) transfer operations associated with fixed or floating platforms, including

      • (i) drilling rigs,

      • (ii) floating production, storage and off-loading facilities used for the offshore production and storage of oil, and

      • (iii) floating storage units used for the offshore storage of produced oil;

    • (b) bunkering operations; or

    • (c) transfer operations necessary for the purpose of saving lives or securing the safety of a vessel, or for combatting specific pollution incidents in order to minimize the damage from pollution.

  • SOR/2013-68, s. 5
 
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