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

SUBDIVISION 6Exemptions and Equivalents

Marginal note:Board

• 125 (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3.2 and 4 of Annex VI to MARPOL.

• 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.

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

  • (a) carried in packaged form; or

  • (b) carried in a cargo container, a road vehicle, a trailer, a portable tank, a railway vehicle or a tank mounted on a chassis.

• 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

• 127 (1) The authorized representative of a vessel must ensure that it does not have an anti-fouling system that contains any organotin compound that acts as a biocide.

• 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.

Marginal note:Endorsement

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.

Shipboard Documents

Marginal note:Certificates

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

  • (i) is a Canadian vessel or a Canadian pleasure craft, or

  • (ii) is entitled to fly the flag of a foreign state that is a party to the Anti-fouling Systems Convention; or

• (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

• 131 (1) In this section, length has the same meaning as in article 2(8) of the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating to the Convention.

• 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.

• Marginal note:Signing

  (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.

• Marginal note:Language

  (4) The declaration must be in the form set out in Schedule 4. It must

  • (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and

  • (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish.

• Marginal note:Endorsement

  (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.

DIVISION 9Greywater

Marginal note:Definitions

• 131.1 (1) The following definitions apply in this section.

  greywater

  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

    • (i) substantially alters the dimensions or carrying capacity of the vessel, or

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

  • (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

  release includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (libération)

• Marginal note:Application

  (2) This section applies in respect of vessels in waters under Canadian jurisdiction other than arctic waters.

• Marginal note:Non-application

  (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

  • (a) is passed through a marine sanitation device that meets the requirements of section 90; or

  • (b) is made at a distance of at least three nautical miles from shore.

• 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.

PART 3Pollutant Discharge Reporting

Marginal note:Vessels in waters under Canadian jurisdiction

• 132 (1) The master of a vessel in waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:Canadian vessels in other waters

  (2) The master of a Canadian vessel in waters that are not waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel of oil, a noxious liquid substance carried in bulk or a marine pollutant that is not carried in bulk if the discharge or anticipated discharge is

  • (a) prohibited by section 187 of the Act or by these Regulations; or

  • (b) authorized by paragraph 5(a), (b), (d) or (e).

• Marginal note:When report is to be made

  (3) The master must make the report

  • (a) as soon as a discharge occurs or is anticipated; or

  • (b) as soon as feasible after a discharge occurs or is anticipated, if the master is unable to make the report under paragraph (a) because he or she is involved in activities relating to

    • (i) saving lives,

    • (ii) securing the vessel’s safety or preventing its immediate loss,

    • (iii) preventing or mitigating damage to the vessel or its equipment, or

    • (iv) preventing or mitigating damage to the environment.

• Marginal note:If report not made in accordance with paragraph (3)(a)

  (4) If the authorized representative of a Canadian vessel, or the owner of any other vessel, is not on board the vessel and has knowledge that a report has not been made in accordance with paragraph (3)(a), the authorized representative or owner must make the report immediately.

• Marginal note:Contents of report

  (5) Every report must be made in accordance with sections 2 and 3.1 to 3.3 of the appendix to the Annex to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, IMO Resolution A.851(20), and must include the following information:

  • (a) the identity of every vessel involved;

  • (b) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge;

  • (c) the nature of the discharge or anticipated discharge, including the type and estimated quantity of pollutant involved; and

  • (d) in the case of a discharge, a description of the assistance and salvage measures employed.

• Marginal note:Vessels rendering assistance or undertaking salvage

  (6) The master of a vessel must report the particulars of any action taken in rendering assistance to or undertaking salvage of another vessel whose master is required under subsection (1) or (2) to report a discharge or an anticipated discharge.

• Marginal note:To whom reports are made

  (7) A report required by subsection (1), (2), (4) or (6) must be made to

  • (a) a marine safety inspector or a marine communications and traffic services officer, in the case of a discharge or anticipated discharge in waters under Canadian jurisdiction; or

  • (b) an appropriate official of the nearest coastal state, in the case of a discharge or anticipated discharge from a Canadian vessel in waters that are not waters under Canadian jurisdiction.

• Marginal note:Supplementary reports

  (8) A person who makes a report must, whenever there is further information relating to the incident and essential for the protection of the marine environment, submit to the person to whom the report was made a supplementary report with as much of that information as possible.

• Marginal note:Language

  (9) Despite the requirement in the IMO Resolution referred to in subsection (5) that the languages used in reports include English where language difficulties may exist, a report made to a marine safety inspector or a marine communications and traffic services officer may be made in English or French.