Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69)

Definition of “heavy grade oil”

• 45. (1) In this section, “heavy grade oil” has the same meaning as in regulation 21.2 of Annex I to MARPOL.

• Marginal note:Application

  (2) This section applies in respect of an oil tanker of 600 tonnes deadweight or more that is carrying heavy grade oil as cargo.

• Marginal note:Non-application

  (3) This section does not apply in respect of

  • (a) an oil tanker that is a Canadian vessel and engages only on voyages in waters under Canadian jurisdiction; or

  • (b) an oil tanker to which regulation 21.1.2 of Annex I to MARPOL applies and that, if applicable, meets the alternative requirements set out in that regulation.

• Marginal note:Requirements

  (4) Subject to subsections (5) to (8), the authorized representative of an oil tanker must ensure that

  • (a) if it is of 5 000 tonnes deadweight or more, it meets the requirements of subsection 43(2); and

  • (b) if it is of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight, it meets the requirements of subsection 43(2) or is fitted with

    • (i) double bottom tanks or spaces that meet the requirements of regulation 19.6.1 of Annex I to MARPOL, and

    • (ii) wing tanks or spaces arranged in accordance with regulation 19.3.1 of Annex I to MARPOL that meet the requirement for distance, w, referred to in regulation 19.6.2 of Annex I to MARPOL.

• Marginal note:Continued operation dependent on fittings

  (5) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more 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 21.1.2 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 December 4, 2003;

  • (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.

• Marginal note:Continued operation dependent on Condition Assessment Scheme

  (6) An oil tanker that is a Canadian vessel of 5 000 tonnes deadweight or more that is carrying crude oil having a density at 15°C that is higher than 900 kg/m³ but lower than 945 kg/m³ may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that the results of the Condition Assessment Scheme referred to in regulation 20.6 of Annex I to MARPOL indicate that it is fit to continue to operate; and

  • (b) 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.

• Marginal note:Continued operation — heavy grade oil

  (7) An oil tanker that is a Canadian vessel of 600 tonnes deadweight or more but less than 5 000 tonnes deadweight and that does not meet the requirements of paragraph (4)(b) may continue to operate if

  • (a) the Board determines, taking into consideration the tanker’s size, age, operational area and structural conditions, that it is fit to continue to operate; and

  • (b) its continued operation does not go beyond the day on which it reaches 25 years of age.

• Marginal note:Foreign vessels

  (8) An 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 the tanker to continue to operate under regulation 21.5, 21.6.1 or 21.6.2 of Annex I to MARPOL.

• Marginal note: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.