PART 2Specific Provisions (continued)
DIVISION 2Noxious Liquid Substances and Dangerous Chemicals (continued)
SUBDIVISION 8Transfer Operations (continued)
Marginal note:Requirements for transfer operations — vessels
76 The authorized representative of a vessel that engages in a transfer operation must ensure that it is supervised on board the vessel by a person who is required to be part of the complement of the vessel
(a) in the case of a Canadian vessel, by paragraph 207(3)(a), (b) or (c) or subparagraph 207(3)(d)(i) of the Marine Personnel Regulations; and
(b) in the case of a foreign vessel, by paragraph 241(a), subparagraph 241(b)(ii) or (iii) or paragraph 241(d) of the Marine Personnel Regulations.
- SOR/2013-68, s. 12
Marginal note:Duties of supervisors of transfer operations — vessels
77 (1) The supervisor of a transfer operation on board a vessel must ensure that
(a) the vessel is secured, having regard to the weather and the tidal and current conditions, and the mooring lines are tended so that the movement of the vessel does not damage the transfer conduit or its connections;
(b) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, with respect to
(i) the rates of flow and pressures for the transferred liquid,
(ii) the reduction of rates of flow and pressures where required to avoid an overflow of the tanks,
(iii) the time required to stop the transfer operation under normal conditions,
(iv) the time required to shut down the transfer operation under emergency conditions, and
(v) the communication signals for the transfer operation, including
(A) stand by to start transfer,
(B) start transfer,
(C) slow down transfer,
(D) stand by to stop transfer,
(E) stop transfer,
(F) emergency stop of transfer, and
(G) emergency shutdown of transfer;
(c) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, has reported readiness for the commencement of the transfer operation;
(d) the person who is on duty on board the vessel in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the vessel’s tanks to ensure that they do not overflow, and maintains continuous communication with that person’s counterpart at the handling facility or on board the other vessel, as the case may be;
(e) the manifold valves and tank valves on the vessel are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system;
(f) the rate of flow is reduced when the tanks are being topped off;
(g) the supervisor of the transfer operation at the handling facility or on board the other vessel, as the case may be, is given sufficient notice of the stopping of the transfer operation to permit them to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;
(h) the following measures are taken to prevent the discharge of a noxious liquid substance or dangerous chemical:
(i) all cargo manifold connections that are not being used in the transfer operation are securely closed and fitted with blank flanges or other equivalent means of closure,
(ii) all overboard discharge valves are securely closed and marked to indicate that they are not to be opened during the transfer operation, and
(iii) all scuppers are plugged;
(i) a supply of absorbent material is readily available near every transfer conduit to facilitate the clean-up of any minor spillage of noxious liquid substances or dangerous chemicals that may occur on the vessel or on the shore;
(j) all transfer conduits that are used in the transfer operation are supported to prevent the conduits and their connections from being subjected to any strain that might cause damage to them or cause the conduits to become disconnected;
(k) all systems, equipment, personnel and information necessary for the safety of the transfer are in readiness before the transfer operation begins;
(l) towing-off wires are positioned fore and aft and are ready for use without adjustment if it is necessary to tow the vessel away;
(m) the transfer of a flammable cargo and the gas-freeing that follows the unloading of a flammable cargo is stopped when an electrical storm is in the immediate vicinity of the vessel;
(n) no work is carried out in the cargo tank area without the authorization of the vessel’s master;
(o) the valves in the vent system are checked for the correct setting and the flame arresters are examined for cleanliness and proper installation;
(p) articulated loading booms, if used, are checked for undue strain;
(q) the pump room ventilation is running and all precautions for that area are observed;
(r) a tank that is required to be kept in an inert state (a state in which the oxygen content of the tank must be below a specified level), and to maintain a small positive pressure at all times, has a supply of inert gas available to maintain its inert state during the transfer operation;
(s) during loading,
(i) the tank concerned is free of flammable or toxic vapours or residues,
(ii) the free end of the loading hose is securely lashed to the inside of the tank to prevent movement,
(iii) all flanges and gaskets are suitable for the purpose, and
(iv) all tank openings, other than those that are in use, are closed; and
(t) all reasonable precautions are taken to avoid the discharge of a noxious liquid substance or dangerous chemical.
Marginal note:Duties of supervisors of transfer operations — facilities
(2) The supervisor of a transfer operation at a handling facility must ensure that
(a) the supervisor of the transfer operation on board the vessel has reported readiness for the transfer operation to begin;
(b) continuous communication is maintained with the supervisor on board the vessel; and
(c) the manifold valves and the tank valves at the handling facility are not closed until the relevant pumps are stopped, if the closing of the valves would cause dangerous over-pressurization of the pumping system.
78 In the event of an emergency during a transfer operation, the master of a vessel and the operator of a handling facility engaged in the operation must take all necessary measures to rectify or minimize the emergency’s effects.
Marginal note:Cargo Record Books for NLS tankers
79 (1) Every NLS tanker must keep on board a Cargo Record Book in the form set out in appendix 2 to Annex II to MARPOL.
Marginal note:Entries — officer in charge
(2) The officer in charge of an operation set out in appendix 2 to Annex II to MARPOL that takes place on an NLS tanker must
(a) ensure that the operation is recorded without delay in the Cargo Record Book; and
(b) sign the recorded entry.
Marginal note:Entries — master
(3) The vessel’s master must
(a) ensure that the circumstances of and reasons for any discharge referred to in paragraph 5(a) or (b), or any other accidental or exceptional discharge, of a noxious liquid substance carried in bulk are recorded without delay in the Cargo Record Book;
(b) ensure that each entry recorded in the Cargo Record Book is signed by the officer in charge of the operation; and
(c) sign each page of the Cargo Record Book after the page is completed.
(4) An entry in the Cargo Record Book must
(a) in the case of a Canadian vessel, be written in English or French; and
(b) in the case of a foreign vessel, be written in English, French or Spanish.
Marginal note:Three years
(5) The vessel must keep the Cargo Record Book on board for three years after the day on which the last entry was made.
Marginal note:Official log book
(6) The Cargo Record Book may be part of the vessel’s official log book.
Marginal note:Reception facility receipts
80 (1) The master of a vessel must obtain from the owner or operator of a reception facility that receives noxious liquid substance residues or mixtures from the vessel a receipt or certificate that sets out the type and amount of noxious liquid substance residues or mixtures received and the date and time that they were received.
Marginal note:One year
(2) The master must keep the receipt or certificate on board for one year after the day on which it was issued.
SUBDIVISION 10Exemptions and Equivalents
81 (1) The Board may, in respect of Canadian vessels, exercise the powers of the Administration conferred by regulations 4 and 5 of Annex II to MARPOL.
Marginal note:Foreign governments
(2) In the case of a foreign vessel, the requirements of this Division are subject to the exercise of the powers conferred by regulations 4 and 5 of Annex II to MARPOL, section 1.4 of the IBC Code, section 1.5 of the BCH Code and section 1.4 of Resolution A.673(16) by the government of the state whose flag the vessel is entitled to fly.
DIVISION 3Marine Pollutants
Marginal note:Discharge prohibited
82 (1) A person or vessel must not discharge a marine pollutant that is not carried in bulk except in accordance with subsection (2) or in the circumstances set out in section 5 that apply in respect of the discharge.
Marginal note:Authorized discharge
(2) For the purposes of subsection (1), a leakage of a marine pollutant that is not carried in bulk and is not kept as ships’ stores may be discharged if any of the spillage schedules to The EmS Guide: Emergency Response Procedures for Ships Carrying Dangerous Goods, published by the IMO, sets out procedures in respect of the leakage and those procedures are followed.
(3) A person or vessel must not jettison a marine pollutant that is carried in packaged form unless it is necessary to do so for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel.
Marginal note:Limited application — pleasure craft
(4) This section applies in respect of pleasure craft that are not Canadian vessels only when they are in Canadian waters.
83 The following definitions apply in this Division.
- designated sewage area
designated sewage area means an area set out in Schedule 2. (zone désignée pour les eaux usées)
- holding tank
holding tank means a tank that is used solely for the collection and storage of sewage or sewage sludge and includes a tank that is an integral part of a toilet. (citerne de retenue)
- inland waters of Canada
inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn from Pointe-au-Père to Orient Point. (eaux internes du Canada)
- marine sanitation device
marine sanitation device[Repealed, SOR/2013-68, s. 13]
- SOR/2013-68, s. 13
Definition of existing vessel
84 (1) In this section, existing vessel means a vessel
(a) for which the building contract was placed before May 3, 2007;
(b) in the absence of a building contract, the keel of which was laid or that was at a similar stage of construction before May 3, 2007; or
(c) the delivery of which was before May 3, 2010.
(2) This Division does not apply before May 3, 2012 in respect of an existing vessel that
(a) is of less than 400 gross tonnage, is not certified to carry more than 15 persons and is engaged on an international voyage; or
(b) is not engaged on an international voyage.
Marginal note:Discharge requirements
(3) Despite subsection (2),
(a) Subdivision 2, section 95 and paragraph 96(1)(a) apply on the coming into force of this section in respect of all vessels that are in the Great Lakes, their connecting or tributary waters, or the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montréal, Quebec; and
(b) Subdivision 2, section 95 and paragraph 96(1)(b) apply on the coming into force of this section in respect of all vessels that are in a designated sewage area.
Marginal note:Plans and specifications
85 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:Vessels with toilet facilities
86 (1) Subject to subsections (3) and (4), the authorized representative of a vessel in Section I waters or Section II waters that has a toilet must ensure that the vessel is fitted with a holding tank or a marine sanitation device that meets the requirements of section 88 or 90, as the case may be.
Marginal note:Temporary storage of sewage
(2) The vessel’s authorized representative must ensure that it is fitted with facilities for the temporary storage of sewage if the vessel
(a) is fitted with a marine sanitation device that meets the requirements of paragraph 90(1)(d) only; or
(b) is in a designated sewage area and is fitted with a marine sanitation device that does not meet the requirements of paragraph 90(1)(b).
(3) For the purpose of meeting the requirement of subsection (1), a Canadian vessel or Canadian pleasure craft must not be fitted with a marine sanitation device referred to in paragraph 90(1)(d).
(4) A vessel referred to in subsection (1) that is of less than 15 gross tonnage, is not certified to carry more than 15 persons and is not operating in the inland waters of Canada or designated sewage areas may be fitted with facilities for the temporary storage of sewage instead of meeting the requirements of subsection (1) if it is not feasible to meet those requirements and the vessel has measures in place to ensure that no discharge is made otherwise than in accordance with section 96.
Marginal note:Securing toilets
87 The authorized representative of a vessel must ensure that any toilet fitted on the vessel is secured in a manner that ensures its safe operation in any environmental conditions likely to be encountered.
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