GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Vessel Pollution and Dangerous Chemicals Regulations — 7
Oil and oily mixtures 7 (1) A Canadian vessel, and a person on a Canadian vessel, must not discharge oil or an oily mixture in any of the following areas except in accordance with the requirements of regulations 15 and 34 of Annex I to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge: (a) the Mediterranean Sea area, as defined in regulation 1.11.1 of Annex I to MARPOL; (b) the Baltic Sea area, as defined in regulation 1.11.2 of Annex I to MARPOL; (c) the Black Sea area, as defined in regulation 1.11.3 of Annex I to MARPOL; (d) the Gulfs area, as defined in regulation 1.11.5 of Annex I to MARPOL; (e) the Antarctic area, as defined in regulation 1.11.7 of Annex I to MARPOL; (f) the North West European waters, as defined in regulation 1.11.8 of Annex I to MARPOL; (g) the Southern South African waters, as defined in regulation 1.11.10 of Annex I to MARPOL; and (h) Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL. Noxious liquid substances (2) A Canadian vessel, and a person on a Canadian vessel, must not discharge a noxious liquid substance in the waters south of 60°S or in arctic waters as defined in regulation 21.2 of Annex II to MARPOL, except in the circumstances set out in section 5 that apply in respect of the discharge. Garbage (3) A Canadian vessel, and a person on a Canadian vessel, must not discharge garbage in any of the following areas that are not under Canadian jurisdiction, except in accordance with the requirements of regulation 5(2) of Annex V to MARPOL or in the circumstances set out in section 5 that apply in respect of the discharge: (a) special areas, as defined in regulation 1.14 of Annex V to MARPOL; and (b) Arctic waters, as defined in regulation 5.2 of Annex V to MARPOL. SOR/2017-286, s. 31
Vessel Pollution and Dangerous Chemicals Regulations — 9
Requirements 9 (1) The authorized representative of a Canadian vessel or a Canadian pleasure craft must ensure that any equipment that is referred to in paragraph 25 (2)(a), subsection 93 (2), paragraph 111.2 (a) or 122 (1)(b) or subsection 131.1 (6) and that is on the vessel (a) is of a type approved by the Minister as meeting the applicable requirements of these Regulations; and (b) is maintained in good working order. Prohibition (2) A person must not operate equipment referred to in subsection (1) that no longer meets the applicable requirements. SOR/2013-68, s. 4
Vessel Pollution and Dangerous Chemicals Regulations — 10
Certificate of type approval 10 On application, the Minister must issue a certificate of type approval for any equipment referred to in subsection 9(1) if the Minister determines that the equipment meets the applicable requirements of these Regulations.
Vessel Pollution and Dangerous Chemicals Regulations — 11
Plans and specifications 11 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 and Subdivision 7.
Vessel Pollution and Dangerous Chemicals Regulations — 13
5 ppm bilge alarms 13 (1) The 5 ppm bilge alarm required under paragraph 12(1)(f) must (a) meet the requirements of Part 2 of the Annex to Resolution MEPC.107(49); (b) have an oil content meter that can detect and measure 5 ppm or less of oil in a vessel’s machinery space bilge water overboard discharge; (c) have automatic stopping arrangements; and (d) meet the requirements of section 7 of the Standard for 5 ppm Bilge Alarms for Canadian Inland Waters , TP 12301, published by Transport Canada. Grandfathering (2) Paragraphs (1)(a) and (d) do not apply in respect of a 5 ppm bilge alarm installed before May 3, 2007 on a vessel constructed before January 1, 2005 if the alarm meets the applicable requirements of subparagraph 8(1)(e)(ii) of the Oil Pollution Prevention Regulations as they read on May 2, 2007.
Vessel Pollution and Dangerous Chemicals Regulations — 14
Containers or enclosed deck areas for bunkering operations 14 (1) The authorized representative of a vessel of 100 gross tonnage or more must ensure that it is fitted with a container or has an enclosed deck area that, under even-keel conditions, (a) can retain oil that might leak or spill during bunkering operations; (b) has a capacity of not less than 0.08 m 3 if the vessel is of less than 400 gross tonnage or not less than 0.16 m 3 if the vessel is of 400 gross tonnage or more; and (c) does not adversely affect the stability of the vessel or the safety of its crew. Non-application (2) Subsection (1) does not apply in respect of a vessel that (a) is fitted with an overflow system that prevents oil from overflowing onto the open deck; or (b) usually fills its bunkers from a truck and is equipped with a bunkering hose that has an inside diameter of 51 mm or less and employs an automatic shut-off nozzle.
Vessel Pollution and Dangerous Chemicals Regulations — 15
Containers or enclosed deck areas for oil tankers 15 (1) The authorized representative of an oil tanker must ensure that each oil 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 oil that might leak or spill during transfer operations; (b) has a means for the removal of the oil 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 an oil cargo manifold or a cargo transfer connection point on an oil tanker has an inside diameter set out in column 1 of the table to this subsection, 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. TABLE Column 1 Column 2 Item Inside Diameter Volume of Container or Enclosed Deck Area 1 Less than 51 mm 0.08 m 3 2 51 mm or more but less than 101 mm 0.16 m 3 3 101 mm or more but less than 153 mm 0.32 m 3 4 153 mm or more but less than 305 mm 0.48 m 3 5 305 mm or more 0.64 m 3
Vessel Pollution and Dangerous Chemicals Regulations — 16
Tanks for oily residue and sludge oil 16 The authorized representative of a vessel of 400 gross tonnage or more must ensure that it is fitted with tanks that (a) have an adequate capacity, having regard to the type of machinery fitted on the vessel and the vessel’s usual length of voyage, to receive the vessel’s oily residues and sludge oil; and (b) are designed and constructed so as to facilitate their cleaning.
Vessel Pollution and Dangerous Chemicals Regulations — 17
Oil fuel tank protection 17 (1) The authorized representative of a vessel that is delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, and has an aggregate oil fuel capacity of 600 m 3 or more must ensure that the requirements of regulation 12A of that Annex are met. Small oil fuel tanks (2) Subsection (1) does not apply in respect of an oil fuel tank that has a capacity of 30 m 3 or less if the aggregate capacity of all such tanks on the vessel is 600 m 3 or less.
Vessel Pollution and Dangerous Chemicals Regulations — 18
Forepeak tanks and tanks forward of the collision bulkhead 18 The authorized representative and the master of a vessel of 400 gross tonnage or more that is put into service after February 15, 1993 must ensure that it is does not carry oil in a forepeak tank or in a tank forward of the collision bulkhead.
Vessel Pollution and Dangerous Chemicals Regulations — 19
Cargo spaces in vessels other than oil tankers 19 (1) If a vessel, other than an oil tanker, is fitted with cargo spaces that are constructed and used for carrying oil in bulk and have an aggregate capacity of at least 200 m 3 , (a) the vessel’s authorized representative must ensure that the requirements of regulation 26.4 of Annex I to MARPOL, subparagraphs 12(1)(a)(iv) to (vii), sections 15 and 18 and Subdivision 7 are met in respect of the vessel; (b) the vessel’s master must ensure that the requirements of section 18 and subsection 40(7) are met in respect of the vessel; and (c) the vessel must keep on board an equipment operation manual for its oil discharge monitoring and control system that meets the requirements of regulation 31.4 of Annex I to MARPOL. Exception — capacity of less than 1 000 m 3 (2) Despite paragraph (1)(a), if the cargo spaces have an aggregate capacity of less than 1 000 m 3 and the vessel is equipped with installations that can retain on board contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility, the vessel’s authorized representative need not ensure that the requirements of subparagraphs 12(1)(a)(iv), (vi) and (vii) are met.
Vessel Pollution and Dangerous Chemicals Regulations — 20
Pumps 20 (1) The authorized representative of a vessel of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped with one or more pumps that can transfer oily residues from its machinery space bilges and sludge oil tanks through a piping system to a reception facility. Piping systems (2) The vessel’s authorized representative must ensure that the piping system has (a) a stop valve that is accessible from the weather deck; and (b) an outlet that is accessible from the weather deck and is fitted with a standard discharge connection that meets the requirements of regulation 13 of Annex I to MARPOL. Connections overboard (3) The vessel’s authorized representative must ensure that the piping to and from sludge oil tanks has no direct connection overboard other than the standard discharge connection.
Vessel Pollution and Dangerous Chemicals Regulations — 21
Means for stopping discharge pumps 21 The authorized representative of a Canadian vessel, or a Canadian pleasure craft, of 400 gross tonnage or more that is fitted with main or auxiliary propulsion machinery must ensure that the vessel is equipped on the weather deck with a means for stopping each pump that is used to discharge oily residues and sludge oil.
Vessel Pollution and Dangerous Chemicals Regulations — 22
Retention or discharge equipment — oil tankers of 150 gross tonnage or less 22 (1) The authorized representative of an oil tanker of 150 gross tonnage or less must ensure that it is equipped with (a) installations that can retain on board oily residues, contaminated cargo washings and cargo wastes for the purpose of their subsequent transfer to a reception facility; or (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be. Retention or discharge equipment — vessels of less than 400 gross tonnage (2) The authorized representative of a vessel of less than 400 gross tonnage that carries oil as fuel or as cargo must ensure that the vessel is equipped with (a) installations that can retain on board oily residues for the purpose of their subsequent transfer to a reception facility; or (b) equipment that meets the oily mixture discharge requirements of section 30 or 31, as the case may be.
Vessel Pollution and Dangerous Chemicals Regulations — 23
Issuance of Canadian Oil Pollution Prevention Certificates 23 (1) 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 a Canadian Oil Pollution Prevention Certificate to the vessel if the applicable requirements of this Division are met. Issuance of International Oil Pollution Prevention Certificates (2) 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 Oil Pollution Prevention Certificate to the vessel if the applicable requirements of Annex I to MARPOL are met.
Vessel Pollution and Dangerous Chemicals Regulations — 24
Endorsement of Canadian Oil Pollution Prevention Certificates 24 (1) The authorized representative of a vessel that holds a Canadian Oil Pollution Prevention 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 Oil Pollution Prevention Certificates (2) The authorized representative of a vessel that holds an International Oil Pollution Prevention Certificate must ensure that the certificate is endorsed as required by regulations 6.1.3, 6.1.4 and 7.2 of Annex I to MARPOL. Inspection (3) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 23 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 (4) Subsection (3) 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 — 26
Survey report file 26 (1) Every oil tanker that is more than five years of age must keep on board the survey report file and supporting documentation, including the condition evaluation report, referred to in section 6 of the Guidelines on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers , Annex B to IMO Resolution A.744(18). Age (2) For the purposes of this section, the age of an oil tanker is determined from the day on which it is first delivered. Language (3) If an oil tanker engages on voyages only in waters under Canadian jurisdiction, the condition evaluation report must be in English or French.
Vessel Pollution and Dangerous Chemicals Regulations — 27
Emergency plan 27 (1) Subject to subsections (2) and (3), every oil tanker of 150 gross tonnage or more, and every other vessel of 400 gross tonnage or more that carries oil as cargo or as fuel, must keep on board a shipboard oil pollution emergency plan that meets the requirements of regulation 37 of Annex I to MARPOL. Exception (2) A vessel that does not have mechanical means of propulsion and that is fitted with internal combustion engines having a total output of less than 400 kW does not require a shipboard oil pollution emergency plan unless it is carrying 10 tonnes or more of oil (a) in bulk; or (b) in tanks, if one or more of the tanks has a capacity greater than 450 L. Subsection 57(1) (3) If subsection 57(1) applies, the shipboard oil pollution emergency plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances, in which case the title of the plan must be the “shipboard marine pollution emergency plan”. Damage stability and residual structural strength calculation (4) An oil tanker of 5 000 tonnes deadweight or more must have prompt access to computerized, shore-based damage stability and residual structural strength calculation programs.
Vessel Pollution and Dangerous Chemicals Regulations — 27.1
STS operations Plan 27.1 (1) Every oil tanker of 150 gross tonnage or more that is not alongside a wharf or quay and that is engaged with another oil tanker in a transfer operation involving oil or an oily mixture in bulk must keep on board an STS operations Plan that meets the requirements of regulation 41 of Annex I to MARPOL. In the case of a Canadian vessel, the STS operations Plan must be written in English or French or in both, according to the needs of the crew. Exception (2) Subsection (1) does not apply in respect of (a) transfer operations associated with fixed or floating platforms, including (i) drilling rigs, (ii) floating production, storage and off-loading facilities used for the offshore production and storage of oil, and (iii) floating storage units used for the offshore storage of produced oil; (b) bunkering operations; or (c) transfer operations necessary for the purpose of saving lives or securing the safety of a vessel, or for combatting specific pollution incidents in order to minimize the damage from pollution. SOR/2013-68, s. 5
Vessel Pollution and Dangerous Chemicals Regulations — 28
Application 28 This Subdivision does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(1) applies.
Vessel Pollution and Dangerous Chemicals Regulations — 29
Prohibition 29 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge oil or an oily mixture except in accordance with section 31 or in the circumstances set out in section 5 that apply in respect of the discharge.
Vessel Pollution and Dangerous Chemicals Regulations — 30
Authorized discharge — Section I waters 30 (1) For the purposes of section 187 of the Act, an oily mixture may be discharged from a vessel in Section I waters if (a) the vessel is en route; (b) none of the oily mixture (i) originates in cargo pump room bilges, or (ii) is mixed with oil cargo residues; (c) the discharge is processed through oil filtering equipment that (i) meets the requirements of regulation 14 of Annex I to MARPOL, (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm, and (iii) triggers an alarm and a discharge-stopping device as soon as the oil content in the effluent exceeds (A) 5 ppm, if the oily mixture is discharged in the inland waters of Canada, or (B) 15 ppm, if the oily mixture is discharged in Section I waters that do not include the inland waters of Canada; and (d) the discharge does not contain chemicals or any other substances introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limits specified in subparagraph (c)(iii). Alarms (2) The alarm required for the purposes of clause (1)(c)(iii)(A) must meet the requirements of section 13 and the alarm required for the purposes of clause (1)(c)(iii)(B) must meet the requirements of regulation 14 of Annex I to MARPOL.
Vessel Pollution and Dangerous Chemicals Regulations — 31
Authorized discharge — Section II waters and seaward 31 (1) For the purposes of section 187 of the Act and section 29, an oily mixture may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if (a) the vessel is en route; (b) in the case of an oil tanker, none of the oily mixture (i) originates in cargo pump room bilges, or (ii) is mixed with oil cargo residues; (c) the discharge is processed through oil filtering equipment that (i) meets the requirements of regulation 14 of Annex I to MARPOL, and (ii) produces an undiluted effluent that has an oil content of not more than 15 ppm; and (d) the discharge does not contain chemicals or any other substances introduced for the purpose of circumventing the detection of concentrations of oil that exceed the oil content limit specified in subparagraph (c)(ii). Authorized discharge from cargo spaces (2) For the purposes of section 187 of the Act and section 29, an oily mixture from cargo spaces may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if (a) the vessel is en route; (b) the vessel is more than 50 nautical miles from the nearest land; (c) the instantaneous rate of discharge of the oil that is in the oily mixture does not exceed 30 L per nautical mile; (d) the total quantity of oil discharged does not exceed (i) 1/15,000 of the cargo of which the oily mixture forms part, in the case of a vessel that was put into service on or before December 31, 1979, (ii) 1/30,000 of the cargo of which the oily mixture forms part, in the case of a vessel that is put into service after December 31, 1979, or (iii) despite subparagraph (i), 1/30,000 of the cargo of which the oily mixture forms part, in the case of a Canadian vessel whose registration is transferred to the Register after February 15, 1993; and (e) the oil discharge monitoring and control system is in operation and can stop the discharge of (i) any effluent having an oil discharge rate greater than that allowed under paragraph (c), or (ii) any oil in a quantity greater than that allowed under paragraph (d).
Vessel Pollution and Dangerous Chemicals Regulations — 32
Application 32 (1) This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction. Non-application (2) Sections 33 and 37 and paragraphs 38(1)(b) to (d) and (f) to (j) do not apply in respect of oil tankers of less than 150 gross tonnage or other vessels of less than 400 gross tonnage. Non-application (3) Sections 33, 34 and 37 and paragraphs 38(1)(b) to (d) and (g) to (i) do not apply in respect of an oil tanker without a master or crew and from which oil is being unloaded if the tanker is not attended by a vessel with a master or crew and the tanker is in a location that makes it infeasible to meet the requirements of those provisions. Application in waters that are not Canadian waters (4) Despite subsection (1), (a) paragraph 38 (1)(l) also applies in respect of Canadian vessels in waters other than waters under Canadian jurisdiction; and (b) section 39.1 also applies in respect of Canadian vessels in the territorial sea or the exclusive economic zone of a foreign state that is a party to MARPOL. SOR/2013-68, s. 6
Vessel Pollution and Dangerous Chemicals Regulations — 33
Communications 33 If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel (a) to communicate immediately as the need arises; and (b) to direct the immediate shutdown of the transfer operation in case of an emergency.
Vessel Pollution and Dangerous Chemicals Regulations — 34
Lighting 34 (1) If a vessel or a handling facility engages in a transfer operation between sunset and sunrise, the vessel’s master and the operator of the facility must ensure that illumination is provided that has (a) a lighting intensity of not less than 54 lx at each transfer connection point of the vessel or facility; and (b) a lighting intensity of not less than 11 lx at each transfer operation work area around each transfer connection point of the vessel or facility. Measurement (2) For the purposes of subsection (1), lighting intensity is to be measured on a horizontal plane 1 m above the walking surface of the facility or the working deck of the vessel, as applicable.
Vessel Pollution and Dangerous Chemicals Regulations — 35
Transfer conduits 35 (1) A person must not use a transfer conduit in a transfer operation unless the conduit (a) has a bursting pressure of not less than four times its maximum design pressure; (b) is clearly marked with its maximum design pressure; and (c) has successfully passed, during the year before its use, a hydrostatic test to a pressure equal to one and one-half times its maximum design pressure. Test certificates (2) If a transfer conduit used in a transfer operation is part of a vessel’s equipment, the vessel’s master must keep on board the test certificate for the hydrostatic test. Manufacturer’s specifications (3) The owner of a transfer conduit that is used in a transfer operation must ensure that the conduit is used, maintained, tested and replaced in accordance with the manufacturer’s specifications. Leaks (4) If a transfer conduit or a connection leaks during a transfer operation, the supervisor on board the vessel and the supervisor at the handling facility or on board the other vessel must, as soon as feasible, slow down or stop the operation to remove the pressure from the conduit or connection.