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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note:Authorized discharge

• 96. (1) For the purposes of section 95, sewage may be discharged if

  • (a) in the case of a vessel in an area other than a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 250/100 mL;

  • (b) in the case of a vessel in a designated sewage area, the discharge is passed through a marine sanitation device and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;

  • (c) in the case of a vessel that is in Section I waters or Section II waters, but not in the inland waters of Canada or a designated sewage area, and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    • (i) the discharge is made at a distance of at least 12 nautical miles from shore and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    • (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from shore;

  • (d) in the case of a Canadian vessel that is in waters that are not waters under Canadian jurisdiction and that is of 400 gross tonnage or more or is certified to carry more than 15 persons,

    • (i) the discharge is made at a distance of at least 12 nautical miles from the nearest land and, if it is made from a holding tank or from facilities for the temporary storage of sewage, at a moderate rate while the vessel is en route at a speed of at least 4 knots, or

    • (ii) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 3 nautical miles from the nearest land; or

  • (e) in the case of a vessel that is in Section I waters or Section II waters but not in the inland waters of Canada or a designated sewage area, and that is of less than 400 gross tonnage and is not certified to carry more than 15 persons,

    • (i) the sewage is comminuted and disinfected using a marine sanitation device and the discharge is made at a distance of at least 1 nautical mile from shore,

    • (ii) the discharge is made at a distance of at least 3 nautical miles from shore while the vessel is en route at the fastest feasible speed, or

    • (iii) if it is not feasible to meet the requirements of subparagraph (ii) because the vessel is located in waters that are less than 6 nautical miles from shore to shore, the discharge is made while the vessel is en route at a speed of at least 4 knots or, if the discharge is not feasible at that speed, the discharge is made

      • (A) during an ebb tide, while the vessel is en route at the fastest feasible speed and into the deepest waters that are located the farthest from shore, or

      • (B) while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore.

• Marginal note:Paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i)

  (2) In addition to the circumstances set out in paragraphs (1)(a) and (b) and subparagraphs (1)(c)(ii), (d)(ii) and (e)(i), the sewage may be discharged only if it does not contain any visible solids and the discharge does not cause

  • (a) a film or sheen to develop on the water;

  • (b) a discoloration of the water or its shorelines; or

  • (c) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines.

• Marginal note:Subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii)

  (3) In addition to the circumstances set out in subparagraphs (1)(c)(i), (d)(i) and (e)(ii) and (iii), the sewage may be discharged only if the discharge does not cause visible solids to be deposited on the shoreline.

• Marginal note:Subparagraph (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.