Vessel Pollution and Dangerous Chemicals Regulations

Version of section 5 from 2012-03-30 to 2013-04-17:


Marginal note:Exceptions to prohibited discharges

 For the purposes of section 187 of the Act and sections 7, 8, 29, 67, 82, 95, 100 and 126 substances may be discharged, and for the purposes of subsections 109(1) and 110(6) substances may be emitted, if

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

  • (b) the discharge or emission 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;

  • (c) the discharge is a minimal and unavoidable leakage of oil that occurs as a result of the operation of an underwater machinery component;

  • (d) the discharge is an accidental loss of a synthetic fishing net and all reasonable precautions were taken to prevent the loss;

  • (e) the discharge is a discharge of garbage that results from damage to a vessel or its equipment, and all reasonable precautions were taken

    • (i) before the occurrence of the damage to prevent and minimize the discharge, and

    • (ii) after the occurrence of the damage to minimize the discharge; or

  • (f) the emission involves pollution of the air and results from damage to a vessel or its equipment, and all reasonable precautions were taken

    • (i) before the occurrence of the damage to prevent and minimize the emission, and

    • (ii) after the occurrence of the damage to minimize the emission.

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