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

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.

Marginal note:Application

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.

Marginal note:Communications

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.