Vessel Pollution and Dangerous Chemicals Regulations — 132
Vessels in waters under Canadian jurisdiction 132 (1) The master of a vessel in waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel if the discharge or anticipated discharge is (a) prohibited by section 187 of the Act or by these Regulations; or (b) authorized by paragraph 5(a), (b), (d) or (e). Canadian vessels in other waters (2) The master of a Canadian vessel in waters that are not waters under Canadian jurisdiction must report any discharge or anticipated discharge from the vessel of oil, a noxious liquid substance carried in bulk or a marine pollutant that is not carried in bulk if the discharge or anticipated discharge is (a) prohibited by section 187 of the Act or by these Regulations; or (b) authorized by paragraph 5(a), (b), (d) or (e). When report is to be made (3) The master must make the report (a) as soon as a discharge occurs or is anticipated; or (b) as soon as feasible after a discharge occurs or is anticipated, if the master is unable to make the report under paragraph (a) because he or she is involved in activities relating to (i) saving lives, (ii) securing the vessel’s safety or preventing its immediate loss, (iii) preventing or mitigating damage to the vessel or its equipment, or (iv) preventing or mitigating damage to the environment. If report not made in accordance with paragraph (3)(a) (4) If the authorized representative of a Canadian vessel, or the owner of any other vessel, is not on board the vessel and has knowledge that a report has not been made in accordance with paragraph (3)(a), the authorized representative or owner must make the report immediately. Contents of report (5) Every report must be made in accordance with sections 2 and 3.1 to 3.3 of the appendix to the Annex to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants , IMO Resolution A.851(20), and must include the following information: (a) the identity of every vessel involved; (b) the date, time and location of the discharge or the estimated date, time and location of the anticipated discharge; (c) the nature of the discharge or anticipated discharge, including the type and estimated quantity of pollutant involved; and (d) in the case of a discharge, a description of the assistance and salvage measures employed. Vessels rendering assistance or undertaking salvage (6) The master of a vessel must report the particulars of any action taken in rendering assistance to or undertaking salvage of another vessel whose master is required under subsection (1) or (2) to report a discharge or an anticipated discharge. To whom reports are made (7) A report required by subsection (1), (2), (4) or (6) must be made to (a) a marine safety inspector or a marine communications and traffic services officer, in the case of a discharge or anticipated discharge in waters under Canadian jurisdiction; or (b) an appropriate official of the nearest coastal state, in the case of a discharge or anticipated discharge from a Canadian vessel in waters that are not waters under Canadian jurisdiction. Supplementary reports (8) A person who makes a report must, whenever there is further information relating to the incident and essential for the protection of the marine environment, submit to the person to whom the report was made a supplementary report with as much of that information as possible. Language (9) Despite the requirement in the IMO Resolution referred to in subsection (5) that the languages used in reports include English where language difficulties may exist, a report made to a marine safety inspector or a marine communications and traffic services officer may be made in English or French.