Vessel Pollution and Dangerous Chemicals Regulations — 44
Interpretation 44 (1) In this section, Category 2 oil tanker and Category 3 oil tanker have the same meaning as in regulations 20.3.2 and 20.3.3, respectively, of Annex I to MARPOL. Application (2) This section applies in respect of (a) a foreign vessel that is an oil tanker referred to in regulation 20.1.1 of Annex I to MARPOL; and (b) a Canadian vessel that is a Category 2 oil tanker or Category 3 oil tanker and that holds an International Oil Pollution Prevention Certificate. Non-application (3) This section does not apply in respect of (a) an oil tanker in respect of which section 43 applies; (b) 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; (c) an oil tanker that is entitled to fly the flag of the United States; or (d) an oil tanker that is engaged in the coasting trade as defined in subsection 2(1) of the Coasting Trade Act . Requirements (4) Subject to subsections (5) to (7), the authorized representative of an oil tanker must ensure that it meets the requirements of subsection 43(2). Continued operation dependent on fittings (5) A Category 2 oil tanker, or a Category 3 oil tanker, that is a Canadian vessel fitted with double hull spaces that are not used for the carriage of oil and extend over the entire cargo tank length but do not fulfil the conditions specified in regulation 20.1.3 of Annex I to MARPOL, or fitted with only double bottoms or double sides that are not used for the carriage of oil and extend over the entire cargo tank length, may continue to operate if (a) it was in service on July 1, 2001; (b) its specifications set out in this subsection remain unchanged; and (c) its continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day. Continued operation dependent on Condition Assessment Scheme (6) A Category 2 oil tanker, or Category 3 oil tanker, that is a Canadian vessel may continue to operate if (a) the Board determines that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that the tanker is fit to continue to operate; and (b) the tanker’s continued operation does not go beyond the day in the year 2015 that is the anniversary of the date of its delivery or the day on which it reaches 25 years of age, whichever is the earlier day. Foreign vessels operating under regulation 20.5 or 20.7 (7) Subject to subsection (8), a Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel may operate if the government of the state whose flag the tanker is entitled to fly has allowed it to continue to operate under regulation 20.5 or 20.7 of Annex I to MARPOL. Prohibited to enter ports or offshore terminals (8) A Category 2 oil tanker, or a Category 3 oil tanker, that is a foreign vessel and is continuing to operate under regulation 20.5 of Annex I to MARPOL after the anniversary in the year 2015 of the date of its delivery must not enter a port or an offshore terminal in waters under Canadian jurisdiction. Delivery and age (9) For the purposes of this section, (a) the date of delivery of a tanker is the day on which it is first delivered; and (b) the age of a tanker is determined from the day on which it is first delivered.