Marginal note:Authorized discharge — Category Z
70. For the purposes of section 67, a Category Z noxious liquid substance may be discharged if
(a) the vessel is en route at a speed of at least 7 knots, if it is self-propelled, or at least 4 knots, if it is not self-propelled; and
(b) the discharge is made
(i) in accordance with the vessel’s procedures and arrangements manual,
(ii) in the case of a vessel constructed after December 31, 2006, below the waterline through an underwater discharge outlet at a rate that does not exceed the maximum rate for which the underwater discharge outlet was designed;
(iii) at a distance of at least 12 nautical miles from the nearest land, and
(iv) into waters whose depth is at least 25 m.
Marginal note:Authorized discharge — ballast water
71. (1) For the purposes of section 67, a Category Y or Z noxious liquid substance in ballast water that is introduced into a cargo tank that last carried the substance and has been washed to such an extent that the ballast water contains less than 1 ppm of the noxious liquid substance may be discharged without regard to the discharge rate, vessel speed and discharge outlet location if the discharge is made at a distance of at least 12 nautical miles from the nearest land and into waters whose depth is at least 25 m.
Marginal note:NLS tankers constructed before July 1, 1994
(2) In the case of an NLS tanker constructed before July 1, 1994, the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank
(a) is washed in accordance with the requirements of Part A of appendix 6 to Annex II to MARPOL and subsequently washed with a complete cycle of the cleaning machine; or
(b) is washed with a water quantity not less than that required by paragraph 20 of Part B of appendix 6 to Annex II to MARPOL, using a k factor of 1.0 in the formula set out in that paragraph.
Marginal note:Other vessels
(3) In the case of an NLS tanker other than one referred to in subsection (2), the ballast water is considered to contain less than 1 ppm of the noxious liquid substance previously carried if the cargo tank is washed in accordance with the requirements of Part B of appendix 6 to Annex II to MARPOL.
72. This Subdivision applies in respect of vessels only when they are in waters under Canadian jurisdiction or, if a transfer operation to which this Subdivision applies does not involve a noxious liquid substance, only when they are in Canadian waters.
73. If a vessel or a handling facility engages in a transfer operation, the vessel’s master and the operator of the facility must, before and during the transfer operation, have the means for two-way voice communication on a continuing basis that enables the supervisor on board the vessel and the supervisor at the facility or on board the other vessel
(a) to communicate immediately as the need arises; and
(b) to direct the immediate shutdown of the transfer operation in case of an emergency.
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