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

Marginal note:Board

• 48. (1) The Board may, in respect of Canadian vessels and Canadian pleasure craft, exercise the powers of the Administration conferred by regulations 3 and 5 of Annex I to MARPOL.

• Marginal note:Foreign governments

  (2) In the case of a foreign vessel or a foreign pleasure craft, the requirements of this Division are subject to the exercise of the powers conferred by regulations 3 and 5 of Annex I to MARPOL by the government of the state whose flag the vessel is entitled to fly.

Marginal note:Limited application — foreign vessels

49. This Division applies in respect of foreign vessels in waters in the exclusive economic zone of Canada only in respect of pollution.

Marginal note:Liquid substances

• 50. (1) The authorized representative and the master of a vessel must ensure that the vessel does not carry a liquid substance in bulk unless the substance

  • (a) is listed in chapter 17 or 18 of the IBC Code; or

  • (b) is provisionally assessed under regulation 6.3 of Annex II to MARPOL.

• Marginal note:Non-application to oil

  (2) Subsection (1) does not apply in respect of oil.

Marginal note:Plans and specifications

51. 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.

Marginal note:NLS tankers — Annex II to MARPOL

• 52. (1) The authorized representative of an NLS tanker must ensure that

  • (a) the requirements of regulation 12 of Annex II to MARPOL relating to the pumping, piping and unloading arrangements, the location and size of underwater discharge outlets, and the slop tanks or other arrangements are met; and

  • (b) if the tanker uses ventilation procedures referred to in regulation 13.3 of Annex II to MARPOL to remove cargo residues from a tank, the tanker has ventilation equipment that can produce an air jet that reaches the tank bottom.

• Marginal note:IBC Code

  (2) Any of the following vessels that were constructed on or after July 1, 1986, or that are Canadian vessels that were constructed before that date and first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the IBC Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:BCH Code

  (3) Any of the following vessels that were constructed before July 1, 1986, other than Canadian vessels that were first registered or listed in Canada after February 15, 1993, must meet the applicable design, construction, equipment and systems requirements of the BCH Code:

  • (a) vessels that carry a noxious liquid substance in bulk that is listed in chapter 17 of the IBC Code or is provisionally assessed under regulation 6.3 of Annex II to MARPOL as falling into Category X, Y or Z in the Pollution Category column of that chapter; and

  • (b) chemical tankers that have means of self-propulsion.

• Marginal note:Interpretation

  (4) For the purposes of subsections (2) and (3), a vessel converted to a chemical tanker, irrespective of the date of its construction, is considered to be a chemical tanker constructed on the date on which the conversion commenced unless the vessel

  • (a) was constructed before July 1, 1986; and

  • (b) was, when the conversion commenced, certified under the BCH Code to carry only those products identified by the Code as substances with pollution hazards only.

• Marginal note:Offshore support vessels

  (5) Offshore support vessels may meet the applicable design, construction, equipment and systems requirements of Resolution A.673(16) instead of the requirements referred to in subsection (2) or (3).