GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Vessel Pollution and Dangerous Chemicals Regulations — 63
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. 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. 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. 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). 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). SOR/2021-60, s. 7
Vessel Pollution and Dangerous Chemicals Regulations — 64
Interpretation 64 (1) The following definitions apply in this section. 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 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 ) 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. 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. SOR/2021-60, s. 8
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
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 )
Vessel Pollution and Dangerous Chemicals Regulations — (a)
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 )
Vessel Pollution and Dangerous Chemicals Regulations — 65
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. SOR/2021-60, s. 9
Vessel Pollution and Dangerous Chemicals Regulations — 66
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. SOR/2017-286, s. 32
Vessel Pollution and Dangerous Chemicals Regulations — 67
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. 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.
Vessel Pollution and Dangerous Chemicals Regulations — 68
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. SOR/2021-60, s. 10
Vessel Pollution and Dangerous Chemicals Regulations — 69
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.
Vessel Pollution and Dangerous Chemicals Regulations — 70
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.
Vessel Pollution and Dangerous Chemicals Regulations — 71
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. 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. 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.
Vessel Pollution and Dangerous Chemicals Regulations — 72
Application 72 This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction or, if a transfer operation to which this Subdivision applies does not involve a noxious liquid substance, only when they are in Canadian waters.
Vessel Pollution and Dangerous Chemicals Regulations — 73
Communications 73 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 — 74
Lighting 74 (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 — 75
Transfer conduits 75 (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 five 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.
Vessel Pollution and Dangerous Chemicals Regulations — 76
Requirements for transfer operations — vessels 76 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. 12
Vessel Pollution and Dangerous Chemicals Regulations — 77
the vent system are checked for the correct setting and the flame arresters are examined for cleanliness and proper installation; (p) articulated loading booms, if used, are checked for undue strain; (q) the pump room ventilation is running and all precautions for that area are observed; (r) a tank that is required to be kept in an inert state (a state in which the oxygen content of the tank must be below a specified level), and to maintain a small positive pressure at all times, has a supply of inert gas available to maintain its inert state during the transfer operation; (s) during loading, (i) the tank concerned is free of flammable or toxic vapours or residues, (ii) the free end of the loading hose is securely lashed to the inside of the tank to prevent movement, (iii) all flanges and gaskets are suitable for the purpose, and (iv) all tank openings, other than those that are in use, are closed; and (t) all reasonable precautions are taken to avoid the discharge of a noxious liquid substance or dangerous chemical. Duties of supervisors of transfer operations — facilities (2) The supervisor of a transfer operation at a handling facility must ensure that (a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin; (b) continuous communication is maintained with the supervisor on board the vessel; and (c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.
Vessel Pollution and Dangerous Chemicals Regulations — 78
Emergencies 78 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 — 79
Cargo Record Books for NLS tankers 79 (1) Every NLS tanker must keep on board a Cargo Record Book in the form set out in appendix 2 to Annex II to MARPOL. Entries — officer in charge (2) The officer in charge of an operation set out in appendix 2 to Annex II to MARPOL that takes place on an NLS tanker must (a) ensure that the operation is recorded without delay in the Cargo Record Book; and (b) sign the recorded entry. Entries — master (3) The vessel’s master must (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of a noxious liquid substance carried in bulk are recorded without delay in the Cargo Record Book; (b) ensure that each entry recorded in the Cargo Record Book is signed by the officer in charge of the operation; and (c) sign each page of the Cargo Record Book after the page is completed. Language (4) An entry in the Cargo Record Book must (a) in the case of a Canadian vessel, be written in English or French; and (b) in the case of a foreign vessel, be written in English, French or Spanish. Three years (5) The vessel must keep the Cargo Record Book on board for three years after the day on which the last entry was made. Official log book (6) The Cargo Record Book may be part of the vessel’s official log book.
Vessel Pollution and Dangerous Chemicals Regulations — 80
Reception facility receipts 80 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives noxious liquid substance residues or mixtures from the vessel a receipt or certificate that sets out the type and amount of noxious liquid substance residues or mixtures 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 — 81
Board 81 (1) The Board may, in respect of Canadian vessels, exercise the powers of the Administration conferred by regulations 4 and 5 of Annex II to MARPOL. Foreign governments (2) In the case of a foreign vessel, the requirements of this Division are subject to the exercise of the powers conferred by regulations 4 and 5 of Annex II to MARPOL, section 1.4 of the IBC Code, section 1.5 of the BCH Code and section 1.4 of Resolution A.673(16) by the government of the state whose flag the vessel is entitled to fly.
Vessel Pollution and Dangerous Chemicals Regulations — 82
Discharge prohibited 82 (1) A person or vessel must not discharge a marine pollutant that is not carried in bulk except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge. Authorized discharge (2) For the purposes of subsection (1), a leakage of a marine pollutant that is not carried in bulk and is not kept as ships’ stores may be discharged if any of the spillage schedules to The EmS Guide: Emergency Response Procedures for Ships Carrying Dangerous Goods , published by the IMO, sets out procedures in respect of the leakage and those procedures are followed. Jettisoning (3) A person or vessel must not jettison a marine pollutant that is carried in packaged form unless it is necessary to do so for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel. 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.
Vessel Pollution and Dangerous Chemicals Regulations — 83
Interpretation 83 The following definitions apply in this Division. designated sewage area means an area set out in Schedule 2. ( zone désignée pour les eaux usées ) holding tank means a tank that is used solely for the collection and storage of sewage or sewage sludge and includes a tank that is an integral part of a toilet. ( citerne de retenue ) inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn from Pointe-au-Père to Orient Point. ( eaux internes du Canada ) marine sanitation device [Repealed, SOR/2013-68, s. 13] SOR/2013-68, s. 13
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
designated sewage area means an area set out in Schedule 2. ( zone désignée pour les eaux usées )
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
holding tank means a tank that is used solely for the collection and storage of sewage or sewage sludge and includes a tank that is an integral part of a toilet. ( citerne de retenue )
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn from Pointe-au-Père to Orient Point. ( eaux internes du Canada )
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
marine sanitation device [Repealed, SOR/2013-68, s. 13]
Vessel Pollution and Dangerous Chemicals Regulations — 84
Definition of existing vessel 84 (1) In this section, existing vessel means a vessel (a) for which the building contract was placed before May 3, 2007; (b) in the absence of a building contract, the keel of which was laid or that was at a similar stage of construction before May 3, 2007; or (c) the delivery of which was before May 3, 2010. Application (2) This Division does not apply before May 3, 2012 in respect of an existing vessel that (a) is of less than 400 gross tonnage, is not certified to carry more than 15 persons and is engaged on an international voyage; or (b) is not engaged on an international voyage. Discharge requirements (3) Despite subsection (2), (a) Subdivision 2, section 95 and paragraph 96(1)(a) apply on the coming into force of this section in respect of all vessels that are in the Great Lakes, their connecting or tributary waters, or the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montréal, Quebec; and (b) Subdivision 2, section 95 and paragraph 96(1)(b) apply on the coming into force of this section in respect of all vessels that are in a designated sewage area.
Vessel Pollution and Dangerous Chemicals Regulations — 85
Plans and specifications 85 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 — 86
Vessels with toilet facilities 86 (1) Subject to subsections (3) and (4), the authorized representative of a vessel in Section I waters or Section II waters that has a toilet must ensure that the vessel is fitted with a holding tank or a marine sanitation device that meets the requirements of section 88 or 90, as the case may be. Temporary storage of sewage (2) The vessel’s authorized representative must ensure that it is fitted with facilities for the temporary storage of sewage if the vessel (a) is fitted with a marine sanitation device that meets the requirements of paragraph 90(1)(d) only; or (b) is in a designated sewage area and is fitted with a marine sanitation device that does not meet the requirements of paragraph 90(1)(b). Limitation (3) For the purpose of meeting the requirement of subsection (1), a Canadian vessel or Canadian pleasure craft must not be fitted with a marine sanitation device referred to in paragraph 90(1)(d). Exception (4) A vessel referred to in subsection (1) that is of less than 15 gross tonnage, is not certified to carry more than 15 persons and is not operating in the inland waters of Canada or designated sewage areas may be fitted with facilities for the temporary storage of sewage instead of meeting the requirements of subsection (1) if it is not feasible to meet those requirements and the vessel has measures in place to ensure that no discharge is made otherwise than in accordance with section 96.
Vessel Pollution and Dangerous Chemicals Regulations — 87
Securing toilets 87 The authorized representative of a vessel must ensure that any toilet fitted on the vessel is secured in a manner that ensures its safe operation in any environmental conditions likely to be encountered.