GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Vessel Pollution and Dangerous Chemicals Regulations — 88
Holding tanks 88 For the purposes of subsection 86(1), a holding tank must (a) be constructed so that it does not compromise the integrity of the hull; (b) be constructed of structurally sound material that prevents the tank contents from leaking; (c) be constructed so that the potable water system and other systems cannot become contaminated; (d) be resistant to corrosion by sewage; (e) have an adequate volume for the amount of sewage that could be reasonably expected to be produced on a voyage in waters where the discharge of sewage is not authorized by section 96; (f) be provided with a discharge connection and piping system for the removal of the tank contents at a reception facility; (g) be designed so that the level of sewage in the tank can be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows the determination to be made; (h) in the case of a vessel, other than a pleasure craft, that operates solely on the Great Lakes and their connecting waters, be equipped with an alarm that indicates when the tank is 75% full by volume; and (i) be equipped with a ventilation device that (i) has its outlet located on the exterior of the vessel and in a safe location away from ignition sources and areas usually occupied by people, (ii) prevents the build-up within the tank of pressure that could cause damage to the tank, (iii) is designed to minimize clogging by the contents of the tank or by climatic conditions such as snow or ice, (iv) is constructed of material that cannot be corroded by sewage, and (v) has a flame screen of non-corrosive material fitted to the vent outlet.
Vessel Pollution and Dangerous Chemicals Regulations — 89
Transfer conduits 89 (1) A person must not use a transfer conduit for the purpose of removing sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility unless it is used, maintained and secured in a manner that minimizes risk to the marine environment from a discharge of sewage or sewage sludge. Leaks (2) If a transfer conduit or a connection leaks during the removal of sewage or sewage sludge from a holding tank or a temporary means of storage on a vessel to a reception facility, the vessel’s master must, as soon as feasible, ensure that the removal operation is slowed down or stopped to remove the pressure from the conduit or connection.
Vessel Pollution and Dangerous Chemicals Regulations — 90
Marine sanitation devices 90 (1) For the purposes of subsection 86(1), a marine sanitation device must meet (a) the requirements of regulation 9.1.1 of Annex IV to MARPOL for a sewage treatment plant; (b) requirements substantially similar to the requirements referred to in paragraph (a) except that the standards referred to in regulation 9.1.1 include the effluent standard set out in paragraph 96(1)(b); (c) the design, construction and testing requirements of Title 33, Part 159, Subpart C of the Code of Federal Regulations of the United States for a Type II marine sanitation device; or (d) the requirements of regulation 9.1.2 of Annex IV to MARPOL for a sewage comminuting and disinfecting system. Grandfathering (2) Despite subsection (1), a marine sanitation device that was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and continues to meet the requirements of those Regulations as they read on May 2, 2007 may continue to be used as a marine sanitation device.
Vessel Pollution and Dangerous Chemicals Regulations — 91
Issuance of International Sewage Pollution Prevention Certificates 91 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 Sewage Pollution Prevention Certificate to the vessel if the applicable requirements of Annex IV to MARPOL are met.
Vessel Pollution and Dangerous Chemicals Regulations — 92
Inspection 92 (1) If the construction, arrangement, equipment, fittings, installations or systems of a vessel that holds a certificate issued under section 91 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 (2) Subsection (1) 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 — 93
Certificates 93 (1) Every vessel of 400 gross tonnage or more and every vessel that is certified to carry more than 15 persons must hold and keep on board (a) an International Sewage Pollution Prevention Certificate in the form set out in the appendix to Annex IV to MARPOL, if the vessel (i) is a Canadian vessel or a Canadian pleasure craft and does not engage only on voyages in waters under Canadian jurisdiction, or (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL; or (b) a certificate of compliance certifying that the vessel meets the applicable requirements of Annex IV to MARPOL, if the vessel is entitled to fly the flag of a state that is not a party to Annex IV to MARPOL. Certificates of type approval (2) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) must keep on board a certificate of type approval (a) in the case of a device referred to in subsection 90(1), certifying that the device meets the applicable requirements referred to in that subsection; and (b) in the case of a device referred to in subsection 90(2), certifying that the device was approved as an approved device under the Great Lakes Sewage Pollution Prevention Regulations and bearing the approval number. Operation and maintenance manual (3) Every vessel that is fitted with a marine sanitation device in order to meet the requirements of subsection 86(1) and is of 400 gross tonnage or more or certified to carry more than 15 persons must keep on board a manual that sets out the operational and maintenance procedures for the device. Sewage effluent records (4) Every vessel must keep on board for 12 months an English or French version of (a) a record of the results of any tests required by subsection 97(2); or (b) the records required by subsection 97(4).
Vessel Pollution and Dangerous Chemicals Regulations — 94
Application 94 This Subdivision does not apply in respect of (a) vessels in a shipping safety control zone; or (b) pleasure craft that are not Canadian vessels and that are in waters in the exclusive economic zone of Canada.
Vessel Pollution and Dangerous Chemicals Regulations — 95
Prohibition 95 A person or vessel must not discharge sewage or sewage sludge except in accordance with section 96 or in the circumstances set out in section 5 that apply in respect of the discharge.
Vessel Pollution and Dangerous Chemicals Regulations — 96
aph (1)(e)(iii) (4) Subparagraph (1)(e)(iii) does not apply if a reception facility that can receive the sewage in an environmentally safe manner is available to receive it. Definition of moderate rate (5) In this section, moderate rate means a rate that on average over any 24-hour or shorter period of discharge is not greater than the maximum permissible discharge rate calculated in accordance with section 3.1 of the Annex to the Recommendation on Standards for the Rate of Discharge of Untreated Sewage from Ships , IMO Resolution MEPC.157(55), and that over any hourly period is not more than 20% greater than that rate. SOR/2017-286, s. 33
Vessel Pollution and Dangerous Chemicals Regulations — 97
Interpretation 97 (1) The following definitions apply in this section. biochemical oxygen demand means the quantity of oxygen determined to be used in the biochemical oxidation of organic matter during a five-day period when the organic matter is tested in accordance with the method described in section 5210 B of the Standard Methods. ( demande biochimique en oxygène ) suspended solids means the total suspended solid matter determined to be in or on a liquid when it is tested in accordance with the method described in section 2540 D of the Standard Methods. ( matières solides en suspension ) Testing of effluent (2) The authorized representative of a vessel that discharges effluent from a marine sanitation device into Section I waters must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications: (a) the fecal coliform count of the samples; (b) the total suspended solids content of the samples; (c) the 5-day biochemical oxygen demand of the samples; and (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples. Exception (3) Subsection (2) does not apply if the marine sanitation device is fitted with instrumentation that meets the requirements of subsection (4). Automatic continuous record (4) The instrumentation referred to in subsection (3) must indicate the performance of the device by providing an automatic continuous record while the device is in operation of (a) the suspended matter; (b) the residual disinfectant content, in the case of disinfection by chlorine; and (c) the disinfection efficiency, in the case of disinfection by any other method.
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
biochemical oxygen demand means the quantity of oxygen determined to be used in the biochemical oxidation of organic matter during a five-day period when the organic matter is tested in accordance with the method described in section 5210 B of the Standard Methods. ( demande biochimique en oxygène )
Vessel Pollution and Dangerous Chemicals Regulations — Vessel Pollution and Dangerous Chemicals Regulations
suspended solids means the total suspended solid matter determined to be in or on a liquid when it is tested in accordance with the method described in section 2540 D of the Standard Methods. ( matières solides en suspension )
Vessel Pollution and Dangerous Chemicals Regulations — 98
Interpretation 98 The following definitions apply in this Division. Lake Superior Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise: (a) 47°30.0′ N, 85°50.0′ W; (b) 47°24.2′ N, 85°38.5′ W; (c) 47°04.0′ N, 85°49.0′ W; (d) 47°05.7′ N, 85°59.0′ W; (e) 47°18.1′ N, 86°05.0′ W. ( zone de protection spéciale du lac Supérieur ) Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise: (a) 44°55′ N, 82°33′ W; (b) 44°47′ N, 82°18′ W; (c) 44°39′ N, 82°13′ W; (d) 44°27′ N, 82°13′ W; (e) 44°27′ N, 82°20′ W; (f) 44°17′ N, 82°25′ W; (g) 44°17′ N, 82°30′ W; (h) 44°28′ N, 82°40′ W; (i) 44°51′ N, 82°44′ W; (j) 44°53′ N, 82°44′ W; (k) 44°54′ N, 82°40′ W. ( zone de protection spéciale du milieu du lac Six Fathom Scarp )
Vessel Pollution and Dangerous Chemicals Regulations — (a)
Lake Superior Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise: (a) 47°30.0′ N, 85°50.0′ W; (b) 47°24.2′ N, 85°38.5′ W; (c) 47°04.0′ N, 85°49.0′ W; (d) 47°05.7′ N, 85°59.0′ W; (e) 47°18.1′ N, 86°05.0′ W. ( zone de protection spéciale du lac Supérieur )
Vessel Pollution and Dangerous Chemicals Regulations — (a)
Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise: (a) 44°55′ N, 82°33′ W; (b) 44°47′ N, 82°18′ W; (c) 44°39′ N, 82°13′ W; (d) 44°27′ N, 82°13′ W; (e) 44°27′ N, 82°20′ W; (f) 44°17′ N, 82°25′ W; (g) 44°17′ N, 82°30′ W; (h) 44°28′ N, 82°40′ W; (i) 44°51′ N, 82°44′ W; (j) 44°53′ N, 82°44′ W; (k) 44°54′ N, 82°40′ W. ( zone de protection spéciale du milieu du lac Six Fathom Scarp )
Vessel Pollution and Dangerous Chemicals Regulations — 99
Application 99 This Division 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(3) applies.
Vessel Pollution and Dangerous Chemicals Regulations — 100
Prohibition 100 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.
Vessel Pollution and Dangerous Chemicals Regulations — 101
Authorized discharge — garbage 101 (1) For the purposes of section 187 of the Act and section 100, garbage 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) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land; (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land; (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel. Non-application (2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.
Vessel Pollution and Dangerous Chemicals Regulations — 103
Display of placards 103 (1) Every vessel of 12 m or more in length overall must display placards that notify the crew and passengers of the garbage discharge requirements of section 187 of the Act and sections 7 and 100 to 102, as applicable. Language (2) The placards must (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French or in both, according to the needs of the crew and the passengers; and (b) in the case of a foreign vessel or a foreign pleasure craft, be written in the working language of the crew and in English, French or Spanish. Definition of length overall (3) In this section, length overall , in respect of a vessel, means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.
Vessel Pollution and Dangerous Chemicals Regulations — 104
Keep on board garbage management plans 104 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a garbage management plan that meets the requirements of regulation 9(2) of Annex V to MARPOL. Crew members’ obligation (2) Every crew member must meet the applicable requirements of the plan. Language (3) Despite subsection (1), in the case of a Canadian vessel or a Canadian pleasure craft, the garbage management plan must be written in English or French or in both, according to the needs of the crew.
Vessel Pollution and Dangerous Chemicals Regulations — 105
Garbage Record Books 105 (1) Every vessel of 400 gross tonnage or more or that is certified to carry 15 persons or more must keep on board a Garbage Record Book in the form set out in the appendix to Annex V to MARPOL. Non-application (2) Subsection (1) does not apply in respect of a vessel that is certified to carry 15 persons or more and engages only on voyages of one hour or less.
Vessel Pollution and Dangerous Chemicals Regulations — 106
Entries — officer in charge 106 (1) The officer in charge of an operation referred to in regulation 9(3) of Annex V to MARPOL that takes place on a vessel in respect of which section 105 applies must (a) ensure that the operation is recorded without delay in the Garbage Record Book; and (b) sign the recorded entry. Entries — master (2) The master of a vessel in respect of which section 105 applies must (a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a), (d) or (e), or any other accidental or exceptional discharge, is recorded without delay in the Garbage Record Book; (b) ensure that each entry recorded in the Garbage Record Book is signed by the officer in charge of the operation; and (c) sign each page of the Garbage Record Book after the page is completed. Two years (3) The vessel must keep the Garbage Record Book on board for two years after the day on which the last entry was made. Language (4) An entry in the Garbage Record Book must (a) in the case of a Canadian vessel or a Canadian pleasure craft, be written in English or French; and (b) in the case of a foreign vessel or a foreign pleasure craft, be written in English, French or Spanish. Categories of garbage (5) For the purposes of subsection (6), garbage must be grouped into the following categories: (a) plastics (Category 1); (b) dunnage, lining material or packing material referred to in paragraph 101(1)(a) (Category 2); (c) garbage referred to in paragraph 101(1)(c), other than food wastes and incinerator ash (Category 3); (d) garbage referred to in paragraph 101(1)(b), other than food wastes and incinerator ash (Category 4); (e) food wastes (Category 5); and (f) incinerator ash, except incinerator ash from plastics that may contain toxic or heavy-metal residues (Category 6). Categories (6) The master of a vessel shall ensure that (a) garbage that is discharged in accordance with section 101 or 102 is listed in the Garbage Record Book under the heading for Category 2, 3, 4, 5 or 6, as the case may be; and (b) garbage that is transferred to a reception facility is (i) in the case of plastic, is listed in the Garbage Record Book under the heading for Category 1, and (ii) in any other case, is listed in the Garbage Record Book under the heading for “other”. Official log book (7) The Garbage Record Book may be part of the vessel’s official log book.
Vessel Pollution and Dangerous Chemicals Regulations — 107
Reception facility receipts 107 (1) The master of a vessel must obtain, from the owner or operator of a reception facility that receives garbage from the vessel, a receipt or certificate that sets out the type and amount of garbage received and the date and time that it was 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 — 108
Approval 108 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 — 109
Emission prohibited 109 (1) A vessel must not emit and a person must not permit the emission of an ozone-depleting substance from an installation on a vessel except in the circumstances set out in section 5 that apply in respect of the emission. Exception (2) Subsection (1) does not apply in respect of a minimal emission of an ozone-depleting substance if the emission is associated with the recapture or recycling of an ozone-depleting substance. Systems, etc. (3) The authorized representative of a vessel must ensure that it is not fitted with any system, equipment — including portable fire-extinguishing units — insulation or other material that contains an ozone-depleting substance. Non-application — vessels constructed before May 19, 2005 (4) In the case of a vessel that is constructed before May 19, 2005, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains an ozone-depleting substance and that (a) is fitted before that date; or (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time. Non-application — vessels constructed before January 1, 2020 (5) In the case of a vessel that is constructed before January 1, 2020, subsection (3) does not apply in respect of any system, equipment, insulation or other material that contains a hydrochlorofluorocarbon but no other ozone-depleting substance and that (a) is fitted before that date; or (b) if the contractual delivery date of the system, equipment, insulation or other material to the vessel is before that date, is fitted at any time. Non-application — repair or recharge (6) Subsection (3) does not apply in respect of the repair or recharge of any system, equipment, insulation or other material to which subsection (4) or (5) applies. Non-application — permanently sealed equipment (7) This section does not apply in respect of permanently sealed equipment that has no refrigerant-charging connections or potentially removable components containing ozone depleting substances. SOR/2013-68, s. 14
Vessel Pollution and Dangerous Chemicals Regulations — 110
Application 110 Sections 110.1 to 110.3 do not apply in respect of a marine diesel engine that is (a) intended to be used solely for emergencies; (b) intended to be used solely to power any device or equipment that is intended to be used solely for emergencies on the vessel on which the device or equipment is installed; or (c) installed in a lifeboat that is intended to be used solely for emergencies. SOR/2013-68, s. 15