GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Vessel Pollution and Dangerous Chemicals Regulations — 36
Reception facility — standard discharge connections 36 The owner of a reception facility that receives oily residues from a vessel’s machinery space bilges or sludge oil tanks must equip the reception facility with a piping system that, at its vessel side end, is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL.
Vessel Pollution and Dangerous Chemicals Regulations — 36.1
Overall advisory control of transfers between oil tankers 36.1 (1) The authorized representative of an oil tanker of 150 gross tonnage or more must ensure that a transfer operation to which section 27.1 applies is under the overall advisory control of a person who meets the qualifications set out in section 6.2.1.2 of the Manual on Oil Pollution, Section I – Prevention , published by the IMO. Duties (2) The person must carry out the duties set out in section 6.2.1.3 of the Manual. SOR/2013-68, s. 7
Vessel Pollution and Dangerous Chemicals Regulations — 37
Requirements for transfer operations — vessels 37 The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by a person who is required to be part of the complement of the vessel (a) in the case of a Canadian vessel, by paragraph 207(3)(a), (b) or (c) or subparagraph 207(3)(d)(i) of the Marine Personnel Regulations ; and (b) in the case of a foreign vessel, by paragraph 241(a), subparagraph 241(b)(ii) or (iii) or paragraph 241(d) of the Marine Personnel Regulations . SOR/2013-68, s. 8
Vessel Pollution and Dangerous Chemicals Regulations — 39
Emergency 39 In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.
Vessel Pollution and Dangerous Chemicals Regulations — 39.1
Notification of transfers between oil tankers 39.1 (1) The master of an oil tanker of 150 gross tonnage or more must ensure that the tanker does not engage in a transfer operation to which section 27.1 applies unless, at least 48 hours before the transfer operation begins, the master gives notice in accordance with regulation 42.2 of Annex I to MARPOL to (a) if the transfer operation is in waters under Canadian jurisdiction, a marine communications and traffic services officer; and (b) if the transfer operation is in the territorial sea or the exclusive economic zone of a foreign state that is a party to MARPOL, the appropriate official of the foreign state. Information not available 48 hours before transfer (2) Despite subsection (1), information that is specified in regulation 42.2 of Annex I to MARPOL and that is not, because of exceptional circumstances, available 48 hours before the transfer operation begins, does not need to be included with the notice. The master of an oil tanker that is planning to unload oil or an oily mixture must ensure that the tanker does not engage in the transfer operation unless the information that was not available is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be. Change in estimated arrival time (3) If the estimated time of arrival of an oil tanker at the location for the transfer operation changes by more than six hours, the master of the tanker must ensure that it does not engage in the transfer operation unless a revised estimated time of arrival is provided at the earliest opportunity to the marine communications and traffic services officer or the appropriate official, as the case may be. SOR/2013-68, s. 10
Vessel Pollution and Dangerous Chemicals Regulations — 41
Reception facility receipts 41 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives oily residues from the vessel a receipt or certificate that sets out the type and amount of oily residues received and the date and time that they were received. One year (2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.
Vessel Pollution and Dangerous Chemicals Regulations — 42
Recording device for bilge alarms 42 If an alarm on a vessel is required under paragraph 12(1)(e) or (f) or subsection 30(2) to be fitted with a recording device to meet the specifications of Part 2 of the Annex to Resolution MEPC.107(49), the vessel must keep on board the data that those specifications require to be recorded (the date, the time, the alarm status of the alarm and the operating status of the oil filtering equipment) for 18 months after the data is recorded.
Vessel Pollution and Dangerous Chemicals Regulations — 42.1
STS operations Plan — Records 42.1 (1) The master of an oil tanker of 150 gross tonnage or more that is required by section 27.1 to keep on board an STS operations Plan must ensure that the records required by the Plan are made. Three years (2) The oil tanker must keep each record on board for three years after it is made. SOR/2013-68, s. 11
Vessel Pollution and Dangerous Chemicals Regulations — 43
Application 43 (1) This section applies in respect of an oil tanker (a) for which the building contract is placed after July 5, 1993; (b) that is constructed after January 5, 1994, in the absence of a building contract; (c) that is first delivered after July 5, 1996; or (d) that undergoes a major conversion (i) for which the building contract is placed after July 5, 1993, (ii) for which the construction work begins after January 5, 1994, in the absence of a building contract, or (iii) that is completed after July 5, 1996. Requirements (2) The authorized representative of an oil tanker must ensure that it (a) meets the design and construction requirements of regulations 19.3 and 19.4 of Annex I to MARPOL, or of regulation 19.6 of that Annex if applicable, unless the tanker is designed and constructed in accordance with the requirements of regulation 19.5 of that Annex; and (b) is designed and constructed to facilitate the inspection and maintenance of wing and double bottom tanks or spaces.
Vessel Pollution and Dangerous Chemicals Regulations — 46
Application 46 (1) This section applies in respect of any oil tanker in respect of which sections 43 to 45 do not apply. Non-application (2) This section does not apply in respect of (a) an oil tanker to which regulation 20.1.3 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation; or (b) an oil tanker that does not have mechanical means of propulsion and (i) is of less than 2 000 gross tonnage, (ii) has no cargo tanks that exceed 200 m 3 capacity, and (iii) engages only on voyages on (A) the Mackenzie River, (B) the waters contiguous to the Mackenzie River that are not within shipping safety control zone 12, or (C) the rivers, streams or lakes that feed into the Mackenzie River. Oil tankers of less than 5 000 gross tonnage (3) The authorized representative of an oil tanker of less than 5 000 gross tonnage must ensure that it has a double hull or a double containment system determined by the Minister to be as effective as a double hull for the prevention of a discharge of oil. However, this requirement does not apply before January 1, 2015. Oil tankers of 5 000 gross tonnage or more (4) The authorized representative of an oil tanker of 5 000 gross tonnage or more must ensure that it meets the requirements of subsection 43(2). Non-application (5) Subsection (4) does not apply before January 1, 2015 in respect of an oil tanker that has either double sides or double bottoms that are contiguous with cargo spaces and meet the applicable design and construction requirements of regulation 19.3 or 19.4, as the case may be, of Annex I to MARPOL, and (a) is of less than 30 000 gross tonnage and less than 30 years of age; or (b) is of 30 000 gross tonnage or more and less than 28 years of age. Age (6) For the purposes of subsection (5), the age of an oil tanker is determined from the later of (a) the day on which it is first delivered, and (b) the day on which a major conversion is completed, if the conversion is completed before July 6, 1996.
Vessel Pollution and Dangerous Chemicals Regulations — 47
Height of double bottom 47 Despite paragraph 43(2)(a), subsection 45(3), paragraph 45(4)(b) and subsection 46(4), in the case of an oil tanker that is a Canadian vessel of less than 5 000 tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land, the height of its double bottom must in no location be less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL.
Vessel Pollution and Dangerous Chemicals Regulations — 48
Board 48 (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3 and 5 of Annex I to MARPOL. 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 and 5 of Annex I to MARPOL by the government of the state whose flag the vessel is entitled to fly.
Vessel Pollution and Dangerous Chemicals Regulations — 49
Limited application — foreign vessels 49 This Division applies in respect of foreign vessels in waters in the exclusive economic zone of Canada only in respect of pollution.
Vessel Pollution and Dangerous Chemicals Regulations — 50
Liquid substances 50 (1) The authorized representative and the master of a vessel must ensure that the vessel does not carry a liquid substance in bulk unless the substance (a) is listed in chapter 17 or 18 of the IBC Code; or (b) is provisionally assessed under regulation 6.3 of Annex II to MARPOL. Non-application to oil (2) Subsection (1) does not apply in respect of oil.
Vessel Pollution and Dangerous Chemicals Regulations — 51
Plans and specifications 51 On application, the Minister must approve plans and specifications with respect to a Canadian vessel or a vessel that is recorded under the Act if the matters described in the plans and specifications meet the applicable requirements of this Subdivision.
Vessel Pollution and Dangerous Chemicals Regulations — 52
NLS tankers — Annex II to MARPOL 52 (1) The authorized representative of an NLS tanker must ensure that (a) the requirements of regulation 12 of Annex II to MARPOL relating to the pumping, piping and unloading arrangements, the location and size of underwater discharge outlets, and the slop tanks or other arrangements are met; and (b) if the tanker uses ventilation procedures referred to in regulation 13.3 of Annex II to MARPOL to remove cargo residues from a tank, the tanker has ventilation equipment that can produce an air jet that reaches the tank bottom. IBC Code (2) Any of the following vessels that were constructed on or after July 1, 1986, or that are Canadian vessels that were constructed before that date and first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the IBC Code: (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and (b) chemical tankers that have means of self-propulsion. BCH Code (3) Any of the following vessels that were constructed before July 1, 1986, other than Canadian vessels that were first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the BCH Code: (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and (b) chemical tankers that have means of self-propulsion. Interpretation (4) For the purposes of subsections (2) and (3), a vessel converted to a chemical tanker, irrespective of the date of its construction, is considered to be a chemical tanker constructed on the date on which the conversion commenced unless the vessel (a) was constructed before July 1, 1986; and (b) was, when the conversion commenced, certified under the BCH Code to carry only those products identified by the Code as substances with pollution hazards only. Offshore support vessels (5) Offshore support vessels may meet the applicable design, construction, equipment and systems requirements of Resolution A.673(16) instead of the requirements referred to in subsection (2) or (3).
Vessel Pollution and Dangerous Chemicals Regulations — 53
Containers or enclosed deck areas — NLS tankers 53 (1) The authorized representative of an NLS tanker must ensure that each noxious liquid substance cargo manifold and each cargo transfer connection point on the tanker is fitted with a container or has an enclosed deck area that (a) can retain noxious liquid substances that might leak or spill during transfer operations; (b) has a means for the removal of the noxious liquid substances retained in it; and (c) does not adversely affect the stability of the tanker or the safety of its crew. Volume (2) If the largest conduit serving a noxious liquid substance cargo manifold or a cargo transfer connection point on an NLS tanker has an inside diameter set out in column 1 of the table to subsection 15(2), the tanker’s authorized representative must ensure that the container or enclosed deck area, under even-keel conditions, has the volume set out in column 2.
Vessel Pollution and Dangerous Chemicals Regulations — 54
Issuance 54 (1) On application by the authorized representative of a Canadian vessel and subject to paragraphs 16(4)(b) to (d) of the Act, the Minister must issue (a) a Canadian Noxious Liquid Substance Certificate to the vessel if the applicable requirements of this Division are met; (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the vessel if the applicable requirements of Annex II to MARPOL are met; (c) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the IBC Code are met; (d) a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the vessel if the applicable requirements of the BCH Code are met; or (e) a Certificate of Fitness for an Offshore Support Vessel to the vessel if the applicable requirements of Resolution A.673(16) are met. Conditions (2) The Minister must, on the basis of the applicable requirements that are met, specify on the certificates issued under subsection (1) the particular substances or products that the vessel is certified to carry.
Vessel Pollution and Dangerous Chemicals Regulations — 55
Endorsement of Canadian NLS certificates 55 (1) The authorized representative of a vessel that holds a Canadian Noxious Liquid Substance 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. Endorsement of international NLS certificates (2) The authorized representative of a vessel that holds an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk must ensure that the certificate is endorsed as required by regulations 8.1.3, 8.1.4 and 9.2 of Annex II to MARPOL. Endorsement of IBC Code certificates of fitness (3) The authorized representative of a vessel that holds an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the IBC Code. Endorsement of BCH Code certificates of fitness (4) The authorized representative of a vessel that holds a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must ensure that the certificate is endorsed as required by chapter 1 of the BCH Code. Endorsement of certificates of fitness for offshore support vessels (5) The authorized representative of a vessel that holds a Certificate of Fitness for an Offshore Support Vessel must ensure that the certificate is endorsed as required by section 1.5.4 of Resolution A.673(16). Inspection (6) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 54 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. Non-application (7) Subsection (6) does not apply in respect of minor repairs or the direct replacement of equipment or fittings that meet the requirements of the certificate.
Vessel Pollution and Dangerous Chemicals Regulations — 56
Certificates 56 (1) Every NLS tanker and every chemical tanker must hold and keep on board (a) a Canadian Noxious Liquid Substance Certificate, if the tanker is a Canadian vessel that engages only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk; (b) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk that is in the form set out in appendix 3 to Annex II to MARPOL, if the tanker (i) is a Canadian vessel that does not engage only on voyages in waters under Canadian jurisdiction and carries noxious liquid substances in bulk but not dangerous chemicals in bulk, or (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk; (c) a certificate of compliance certifying that the tanker meets the applicable requirements of Annex II to MARPOL, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries noxious liquid substances in bulk but not dangerous chemicals in bulk; (d) an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk that is in the form set out in the IBC Code or the BCH Code, as the case may be, if the tanker (i) is a Canadian vessel that carries dangerous chemicals in bulk, or (ii) is entitled to fly the flag of a foreign state that is a party to MARPOL and carries dangerous chemicals in bulk; or (e) a certificate of compliance certifying that the tanker meets the applicable requirements of the IBC Code or the BCH Code, as the case may be, if the tanker is entitled to fly the flag of a state that is not a party to MARPOL and carries dangerous chemicals in bulk. Offshore support vessels (2) An offshore support vessel may hold and keep on board a Certificate of Fitness for an Offshore Support Vessel instead of a Certificate required by subsection (1). Procedures and arrangements manual (3) Every NLS tanker must keep on board a procedures and arrangements manual that meets the requirements of regulation 14 of Annex II to MARPOL. In the case of a Canadian vessel, the expression “the requirements of this Annex” in regulation 14.2 of that Annex includes the requirements of section 67. IBC or BCH Codes (4) Every chemical tanker must keep on board the IBC Code or the BCH Code, as the case may be.
Vessel Pollution and Dangerous Chemicals Regulations — 57
Emergency plan 57 (1) Subject to subsection (2), an NLS tanker of 150 gross tonnage or more must keep on board a shipboard marine pollution emergency plan for noxious liquid substances that meets the requirements of regulation 17.2 of Annex II to MARPOL. Exception (2) If subsection 27(1) applies, the shipboard marine pollution emergency plan for noxious liquid substances may be combined with the shipboard oil pollution emergency plan, in which case the title of the plan must be the “shipboard marine pollution emergency plan”.
Vessel Pollution and Dangerous Chemicals Regulations — 58
Display 58 The master of an NLS tanker or chemical tanker must ensure that (a) permanent notices are displayed in conspicuous places on board, indicating the areas in which smoking and naked lights are prohibited; (b) while the tanker is in a port, the following notices are displayed near every access to the tanker, as appropriate: (i) “NO NAKED LIGHTS / PAS DE FLAMMES NUES ”, (ii) “NO SMOKING / DÉFENSE DE FUMER ”, and (iii) “NO UNAUTHORIZED PERSONS / ACCÈS INTERDIT AUX PERSONNES NON AUTORISÉES ”; and (c) while the tanker is in a port and the cargo being handled presents a health hazard, the notice “WARNING HAZARDOUS CHEMICALS / ATTENTION PRODUITS CHIMIQUES DANGEREUX ” is displayed near every access to the tanker.
Vessel Pollution and Dangerous Chemicals Regulations — 59
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.
Vessel Pollution and Dangerous Chemicals Regulations — 60
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. 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. 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. 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).
Vessel Pollution and Dangerous Chemicals Regulations — 61
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. SOR/2021-60, s. 6
Vessel Pollution and Dangerous Chemicals Regulations — 62
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 m 3 per hour without creating back pressure of more than 100 kPa at the vessel’s manifold. Vessel’s manifold (2) The vessel’s manifold must not be more than 3 m above the waterline at low mean tide. 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.