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

SUBDIVISION 6Control of Cargo Operations

Marginal note:Operational requirements — NLS tankers

59 The master of an NLS tanker must ensure that the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting are carried out in accordance with the tanker’s procedures and arrangements manual and with this Subdivision.

Marginal note:Operational requirements — IBC Code

• 60 (1) The master of a chemical tanker that was constructed on or after July 1, 1986, or that is a Canadian vessel that was constructed before that date and first registered or listed in Canada after February 15, 1993, must ensure that the operational requirements of the IBC Code are met.

• Marginal note:Section 16.2.2 of the IBC Code

  (2) The master of a chemical tanker referred to in subsection (1) must refuse any cargo mentioned in section 16.2.2 of the IBC Code if the analysis of the cargo has not been certified by its manufacturer or a marine chemist.

• Marginal note:Operational requirements — BCH Code

  (3) The master of a chemical tanker that is not referred to in subsection (1) must ensure that the operational requirements of chapter V of the BCH Code are met.

• Marginal note:Offshore support vessels

  (4) The master of an offshore support vessel that holds a Certificate of Fitness for an Offshore Support Vessel may ensure that the operational requirements of chapter 6 of Resolution A.673(16) are met instead of the requirements referred to in subsection (1) or (3).

Marginal note:Tank prewash operations

61 The tank prewash operations referred to in sections 63 and 64 must be carried out

• (a) in accordance with the requirements of appendix 6 to Annex II to MARPOL; and

• (b) in such a way that the effluent resulting from the washing

  • (i) is transferred to a reception facility that can receive the effluent in an environmentally safe manner, and

  • (ii) is not discharged.

Marginal note:Stripping operations

• 62 (1) If cargo stripping operations that involve a Category Y noxious liquid substance are carried out at a handling facility, the operator of the facility must ensure that it can receive the cargo at an average flow rate of 6 m³ per hour without creating back pressure of more than 100 kPa at the vessel’s manifold.

• Marginal note:Vessel’s manifold

  (2) The vessel’s manifold must not be more than 3 m above the waterline at low mean tide.

• Marginal note:Cargo hoses and piping systems

  (3) A cargo hose or piping system that contains a noxious liquid substance must not be drained back into the vessel after the completion of a cargo stripping operation.

Marginal note:Procedures — Category X

• 63 (1) A tank from which a Category X noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading unless the vessel has been granted an exemption from a tank prewash operation.

• Marginal note:Exemption

  (2) On request by the master of a vessel, a marine safety inspector may grant an exemption from a tank prewash operation if the inspector is satisfied that

  • (a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;

  • (b) the unloaded tank will not be washed or ballasted at sea and the vessel’s master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or

  • (c) the cargo residues will be removed from the tank by a ventilation procedure.

• Marginal note:Transfer of effl‡uent

  (3) Subject to subsection (4), the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility that can receive the effluent in an environmentally safe manner until the concentration of the substance in the effluent has fallen to 0.1% by weight, and then by continuing to transfer the remaining effluent to the facility until the tank is empty.

• Marginal note:If not feasible

  (4) If it is not feasible to measure the concentration of the substance to ensure that it falls within the limit specified in subsection (3) without causing undue delay to the vessel, the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility in accordance with subparagraph 61(b)(i).

• Marginal note:Marine safety inspector

  (5) The tank prewash operation must be carried out in the presence of a marine safety inspector who endorses the appropriate entries in the vessel’s Cargo Record Book required by subsection 79(1).

Marginal note:Interpretation

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

  high-viscosity substance

  high-viscosity substance means a noxious liquid substance in Category X or Y with a viscosity equal to or greater than 50 mPa·s at the unloading temperature. (substance à viscosité élevée)

  solidifying substance

  solidifying substance means a noxious liquid substance that at the time of unloading is

  • (a) at a temperature of less than 5°C above its melting point, in the case of a substance with a melting point below 15°C; or

  • (b) at a temperature of less than 10°C above its melting point, in the case of a substance with a melting point of 15°C or higher. (substance qui se solidifie)

• Marginal note:Procedures — Categories Y and Z

  (2) A tank from which a Category Y or Z noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading if

  • (a) the unloaded substance is a Category Y noxious liquid substance that is a high-viscosity substance or a solidifying substance; or

  • (b) the unloading operation is not carried out in accordance with the vessel’s procedures and arrangements manual.

• Marginal note:Non-application

  (3) Subsection (2) does not apply if

  • (a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;

  • (b) the unloaded tank will not be washed or ballasted at sea and the vessel’s master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or

  • (c) the cargo residues will be removed from the tank by a ventilation procedure.

Marginal note:Ventilation procedures

65 A ventilation procedure must not be used to remove cargo residues for the purposes of paragraph 63(2)(c) or 64(3)(c) unless

• (a) the noxious liquid substance that was unloaded has a vapour pressure greater than 5 kPa at 20°C; and

• (b) the ventilation is carried out in accordance with sections 2 and 4 of appendix 7 to Annex II to MARPOL.

SUBDIVISION 7Discharges of Noxious Liquid Substances

Marginal note:Application

66 This subdivision does not apply in respect of vessels in a shipping safety control zone or of Canadian vessels in an area in respect of which subsection 7(2) applies.

Marginal note:Prohibition

• 67 (1) A person or vessel must not discharge a noxious liquid substance carried in bulk except

  • (a) in accordance with sections 68 to 71, in the case of a discharge from an NLS tanker in Section II waters or from a Canadian vessel that is an NLS tanker in waters that are not waters under Canadian jurisdiction; or

  • (b) in the circumstances set out in section 5 that apply in respect of the discharge.

• Marginal note:Offshore support vessels

  (2) Paragraph (1)(a) does not apply in respect of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel.

Marginal note:Authorized discharge — Category X

68 For the purposes of section 67, ballast water that contains a Category X noxious liquid substance only because the ballast water was introduced into a tank that last contained that substance may be discharged if

• (a) the tank underwent a tank prewash operation in accordance with subsection 63(3);

• (b) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (c) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — Category Y

69 For the purposes of section 67, a Category Y noxious liquid substance may be discharged if

• (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (b) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed,

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — Category Z

70 For the purposes of section 67, a Category Z noxious liquid substance may be discharged if

• (a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and

• (b) the discharge is made

  • (i) in accordance with the vessel’s procedures and arrangements manual,

  • (ii) in the case of a vessel constructed after December 31, 2006, below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed;

  • (iii) at a distance of at least 12 nautical miles from the nearest land, and

  • (iv) into waters whose depth is at least 25 m.

Marginal note:Authorized discharge — ballast water

• 71 (1) For the purposes of section 67, a Category Y or Z noxious liquid substance in ballast water that is introduced into a cargo tank that last carried the substance and has been washed to such an extent that the ballast water contains less than 1 ppm of the noxious liquid substance may be discharged without regard to the discharge rate, vessel speed and discharge outlet location if the discharge is made at a distance of at least 12 nautical miles from the nearest land and into waters whose depth is at least 25 m.

• Marginal note:NLS tankers constructed before July 1, 1994

  (2) In the case of an NLS tanker constructed before July 1, 1994, the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank

  • (a) is washed in accordance with the requirements of Part A of appendix 6 to Annex II to MARPOL and subsequently washed with a complete cycle of the cleaning machine; or

  • (b) is washed with a water quantity not less than that required by paragraph 20 of Part B of appendix 6 to Annex II to MARPOL, using a k factor of 1.0 in the formula set out in that paragraph.

• Marginal note:Other vessels

  (3) In the case of an NLS tanker other than one referred to in subsection (2), the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank is washed in accordance with the requirements of Part B of appendix 6 to Annex II to MARPOL.