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

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canada Shipping Act, 2001. (Loi)

  anti-fouling system

  anti-fouling system means a coating, paint, surface treatment, surface or device that is used on a vessel to control or prevent the attachment of unwanted organisms. (système antisalissure)

  Anti-fouling Systems Convention

  Anti-fouling Systems Convention means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001. (Convention sur le contrôle des systèmes antisalissure)

  arctic waters

  arctic waters has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (eaux arctiques)

  a similar stage of construction

  a similar stage of construction means the stage at which

  • (a) construction identifiable with a specific vessel begins; and

  • (b) assembly of that vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material. (la construction se trouve à un stade équivalent)

  BCH Code

  BCH Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (Recueil BCH)

  Board

  Board means the Marine Technical Review Board established under section 26 of the Act. (Bureau)

  Canadian pleasure craft

  Canadian pleasure craft means a pleasure craft that

  • (a) is licensed under Part 10 of the Act; or

  • (b) is principally maintained or operated in Canada, is not a Canadian vessel and is not registered or licensed under the laws of another state. (embarcation de plaisance canadienne)

  cargo residues

  cargo residues means the remnants of any cargo material on board a vessel that cannot be placed in proper cargo holds (loading excess and spillage) or that remain in cargo holds or elsewhere after unloading procedures are completed (unloading residual and spillage) and includes cargo sweepings. (résidus de cargaison)

  cargo vessel

  cargo vessel means a vessel that is not a passenger vessel or a pleasure craft. (bâtiment de charge)

  carried in packaged form

  carried in packaged form means carried in a receptacle that has a net mass not exceeding 400 kg or a capacity not exceeding 450 L. (transporté en colis)

  Certificate of Fitness for an Offshore Support Vessel

  Certificate of Fitness for an Offshore Support Vessel means a Certificate of Fitness referred to in Resolution A.673(16). (certificat d’aptitude pour un bâtiment de servitude au large)

  chemical tanker

  chemical tanker means a vessel that was constructed or adapted for the carriage in bulk of any dangerous chemical. (bâtiment-citerne pour produits chimiques)

  combination carrier

  combination carrier means a vessel designed to carry oil or solid cargoes in bulk. (transporteur mixte)

  crude oil

  crude oil means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes

  • (a) crude oil from which distillate fractions have been removed; and

  • (b) crude oil to which distillate fractions have been added. (pétrole brut)

  crude oil tanker

  crude oil tanker means an oil tanker engaged in the trade of carrying crude oil. (transporteur de pétrole brut)

  dangerous chemical

  dangerous chemical means any liquid substance listed in chapter 17 of the IBC Code. (produit chimique dangereux)

  deadweight

  deadweight means the difference in tonnes between the displacement of a vessel in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the vessel. (port en lourd)

  emission control area

  emission control area means

  • (a) for the purposes of section 110.3,

    • (i) the North American Emission Control Area, and

    • (ii) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL; and

  • (b) for the purposes of section 111,

    • (i) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL,

    • (ii) the North Sea area, as defined in regulation 5(1)(f) of Annex V to MARPOL,

    • (iii) the North American Emission Control Area, and

    • (iv) the United States Caribbean Sea area described in Appendix VII to Annex VI to MARPOL. (zone de contrôle des émissions)

  en route

  en route, in respect of a vessel, means being underway on a course that, so far as feasible for navigational purposes, will cause any discharge to be spread over as great an area as is reasonably feasible. (fait route)

  fishing zone

  fishing zone has the same meaning as a fishing zone of Canada described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order, the Fishing Zones of Canada (Zones 4 and 5) Order or the Fishing Zones of Canada (Zone 6) Order. (zone de pêche)

  foreign pleasure craft

  foreign pleasure craft means a pleasure craft that is not a Canadian vessel or a Canadian pleasure craft. (embarcation de plaisance étrangère)

  from the nearest land

  from the nearest land means seaward from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that off the northeastern coast of Australia it has the same meaning as in Annexes I, II, IV and V to MARPOL. (à partir de la terre la plus proche)

  garbage

  garbage means all kinds of victual, domestic and operational waste that is generated during the normal operation of a vessel and that is likely to be disposed of continuously or periodically, and includes plastics, dunnage, lining and packing materials, galley wastes and refuse such as paper products, rags, glass, metal, bottles, crockery, incinerator ash and cargo residues. However, it does not include fresh fish, fresh fish parts, oil, oily mixtures, noxious liquid substances, liquid substances that are listed in chapter 18 of the IBC Code and categorized as OS in the Pollution Category column of that chapter, liquid substances that are provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling outside category X, Y or Z, substances listed in Schedule 1, marine pollutants, sewage or sewage sludge. (ordures)

  gas carrier

  gas carrier means a cargo vessel that was constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO. (transporteur de gaz)

  Great Lakes and St. Lawrence waters

  Great Lakes and St. Lawrence waters means the Great Lakes and the St. Lawrence River and their connecting waters, and the Gulf of St. Lawrence to the baseline of the territorial sea. (eaux des Grand Lacs et du fleuve Saint-Laurent)

  handling facility

  handling facility means any shore or sea installation that is used for the loading or unloading of oil, oily mixtures, noxious liquid substances or dangerous chemicals to or from vessels. (installation de manutention)

  IBC Code

  IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (Recueil IBC)

  IMO

  IMO means the International Maritime Organization. (OMI)

  inland waters of Canada

  inland waters of Canada, except in Division 4 of Part 2, has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

  installed

  installed, in respect of a marine diesel engine, means that the engine is fitted on a vessel, and that the engine’s cooling or exhaust system is an integral part of the vessel or that the engine’s fuelling system is permanently affixed to the vessel. (installé)

  lightweight

  lightweight means the displacement of a vessel in tonnes without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, or passengers and crew and their effects. (poids lège)

  liquid substance

  liquid substance means a substance that is in liquid form and has a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8°C. (substance liquide)

  machinery spaces

  machinery spaces has the same meaning as in section 2 of the Marine Machinery Regulations. (tranche des machines)

  major conversion

  major conversion means, in the case of a vessel referred to in Division 1, 2, 4 or 6 of Part 2, a conversion of a vessel that

  • (a) substantially alters the dimensions or carrying capacity of the vessel;

  • (b) changes the type of the vessel;

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

  • (d) alters the vessel such that it becomes subject to any provision of that Division that would not be applicable to it otherwise. (transformation importante)

  marine diesel engine

  marine diesel engine means any reciprocating internal combustion engine operating on liquid or dual fuel, including any booster system or compound system. (moteur diesel marin)

  marine pollutants

  marine pollutants has the same meaning as harmful substances in regulation 1 of Annex III to MARPOL, and includes packaging that has been used for the carriage of a harmful substance unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment. (polluants marins)

  marine sanitation device

  marine sanitation device means any equipment that is installed on a vessel and is designed to receive and treat sewage. (appareil d’épuration marine)

  MARPOL

  MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention. (MARPOL)

  Minister

  Minister means the Minister of Transport. (ministre)

  NLS tanker

  NLS tanker means a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk. (bâtiment-citerne SLN)

  North American Emission Control Area

  North American Emission Control Area means the North American area described in Appendix VII to Annex VI to MARPOL. (zone de contrôle des émissions de l’Amérique du Nord)

  NO_x Technical Code

  NO_x Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines, published by the IMO. (Code technique sur les NO_x)

  noxious liquid substance

  noxious liquid substance means a liquid substance, alone or in a mixture with other substances, that is listed in chapter 17 or 18 of the IBC Code and categorized as Category X, Y or Z in the Pollution Category column of the chapter in which it is listed, or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z. (substance liquide nocive)

  offshore support vessel

  offshore support vessel means a vessel to which Resolution A.673(16) applies. (bâtiment de servitude au large)

  oil tanker

  oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier, an NLS tanker and a gas carrier that is carrying a cargo or part cargo of oil in bulk. (pétrolier)

  oily mixture

  oily mixture means a mixture with any oil content. (mélange d’hydrocarbures)

  ozone-depleting substance

  ozone-depleting substance means a controlled substance as defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer. (substance qui appauvrit la couche d’ozone)

  passenger vessel

  passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers)

  plastics

  plastics includes

  • (a) synthetic ropes, synthetic fishing nets and plastic garbage bags; and

  • (b) incinerator ash that is from plastics and may contain toxic or heavy metal residues. (matières plastiques)

  ppm

  ppm means parts per million, by volume. (ppm)

  residual chlorine content

  residual chlorine content means the quantity of free available chlorine determined to be in effluent when it is tested in accordance with the amperometric titration method described in section 4500-Cl D of the Standard Methods. (chlore résiduel)

  Resolution A.673(16)

  Resolution A.673(16)Resolution A.673(16) means the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels, IMO Resolution A.673(16). (résolution A.673(16))

  Resolution MEPC.107(49)

  Resolution MEPC.107(49)Resolution MEPC.107(49) means the Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships, the Annex to IMO Resolution MEPC.107(49). (résolution MEPC.107(49))

  Resolution MEPC.184(59)

  Resolution MEPC.184(59)Resolution MEPC.184(59) means the Annex to the 2009 Guidelines for Exhaust Gas Cleaning Systems, IMO Resolution MEPC.184(59). (résolution MEPC.184(59))

  Section I waters

  Section I waters means fishing zone 1, fishing zone 2, fishing zone 3 and

  • (a) for the purposes of Division 1 of Part 2, any other portion of the internal waters of Canada that is not in arctic waters; and

  • (b) for the purposes of Divisions 4, 5 and 7 of Part 2, any other portion of the internal waters of Canada that is not in a shipping safety control zone. (eaux de la section I)

  Section II waters

  Section II waters means waters under Canadian jurisdiction that are not in

  • (a) fishing zone 1, fishing zone 2, fishing zone 3 or any other portion of the internal waters of Canada; or

  • (b) arctic waters. (eaux de la section II)

  segregated ballast

  segregated ballast means ballast water that is introduced into a tank that is completely separated from the cargo-oil system and oil-fuel system and permanently allocated to the carriage of ballast or to the carriage of ballast and cargoes other than oil, noxious liquid substances or substances listed in Schedule 1. (ballast séparé)

  sewage

  sewage means

  • (a) human body wastes and wastes from other living animals;

  • (b) drainage and other wastes from toilets and other receptacles intended to receive or retain human body wastes;

  • (c) drainage from medical premises such as a dispensary or a sick bay via wash basins, wash tubs and scuppers located in such premises;

  • (d) drainage from spaces containing living animals; and

  • (e) other drainage or wastes when mixed with the drainage or other wastes referred to in paragraph (a), (b), (c) or (d). (eaux usées)

  shipboard incinerator

  shipboard incinerator means a shipboard facility designed for the primary purpose of incineration on board a vessel of wastes or other matter generated during the normal operation of the vessel. (incinérateur de bord)

  shipping safety control zone

  shipping safety control zone has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (zone de contrôle de la sécurité de la navigation)

  sludge oil

  sludge oil means sludge from the fuel oil or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, and waste oil from bilge water separators, oil filtering equipment or drip trays. (boues d’hydrocarbures)

  smoke

  smoke means any solid, liquid, gas or combination of them produced by the combustion of fuel, and includes particulate matter. (fumée)

  Standard Methods

  Standard Methods means the Standard Methods for the Examination of Water and Wastewater, jointly published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. (Standard Methods)

  transfer operation

  transfer operation means

  • (a) for the purposes of Division 1 of Part 2,

    • (i) the loading of oil or an oily mixture in bulk to a vessel from a handling facility or another vessel, or

    • (ii) the unloading of oil or an oily mixture in bulk from a vessel to a handling facility or another vessel; and

  • (b) for the purposes of Division 2 of Part 2,

    • (i) the loading of a noxious liquid substance or dangerous chemical in bulk to a vessel from a handling facility or another vessel, or

    • (ii) the unloading of a noxious liquid substance or dangerous chemical in bulk from a vessel to a handling facility or another vessel. (opération de transbordement)

  waters under Canadian jurisdiction

  waters under Canadian jurisdiction means

  • (a) Canadian waters; and

  • (b) waters in the exclusive economic zone of Canada. (eaux de compétence canadienne)

• Marginal note:Date vessel is constructed

  (2) For the purposes of these Regulations, a vessel is constructed on the earlier of

  • (a) the day on which its keel is laid, and

  • (b) the day on which a similar stage of construction is reached.

• Marginal note:Authorized representative

  (3) For the purposes of these Regulations, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the operator of the pleasure craft.

• Marginal note:Certificates

  (4) For the purposes of these Regulations, a reference to a certificate that a vessel is required to hold and keep on board is to be read as a reference to

  • (a) if the vessel is a Canadian vessel or a Canadian pleasure craft, a certificate issued under these Regulations; and

  • (b) if the vessel is a foreign vessel or a foreign pleasure craft, a certificate issued in English, French or Spanish by or on behalf of the government of the state whose flag the vessel is entitled to fly.