Regulations Respecting the Reporting of Discharges or Probable Discharges of Pollutants
P.C. 1995-1192 1995-07-26
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 657Footnote * and 658Footnote ** and paragraph 660.9(1)(a)Footnote *** of the Canada Shipping Act, is pleased hereby to repeal the Pollution Discharge Reporting Regulations, made by Order in Council P.C. 1992-682 of April 9, 1992Footnote ****, and make the annexed Regulations respecting the reporting of discharges or probable discharges of pollutants in substitution therefor, effective July 31, 1995.
2 In these Regulations,
Act means the Canada Shipping Act; (Loi)
- waters under Canadian jurisdiction
waters under Canadian jurisdiction means
(a) Canadian waters, and
(b) the exclusive economic zone of Canada described in section 13 of the Oceans Act. (eaux de compétence canadienne)
- SOR/2002-275, s. 1
3 [Repealed, SOR/2002-275, s. 2]
4 These Regulations
(a) apply in respect of Canadian ships in all waters and in respect of ships other than Canadian ships in waters under Canadian jurisdiction, including a shipping safety control zone prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act; and
(b) do not apply in respect of any warship, naval auxiliary ship or other ship that is owned or operated by a state and used only on government non-commercial service.
- SOR/99-215, s. 8
- SOR/2002-275, s. 3
5 (1) The master of a ship shall report any discharge of a pollutant from the ship that occurs or the probability that such a discharge will occur, where
(a) the discharge is prohibited by the Act, the Arctic Waters Pollution Prevention Act or regulations made under these Acts;
(b) [Repealed, SOR/2002-275, s. 4]
(c) the discharge or probable discharge results from damage to the ship or its equipment; or
(d) the discharge is necessary for the purpose of saving lives or preventing the immediate loss of a ship.
(2) The master of a ship shall make the report referred to in subsection (1)
(a) immediately, when a discharge occurs or when there is a probability that a discharge will occur; or
(b) as soon as possible after a discharge occurs or after there is a probability that a discharge will occur, where the master is unable to make the report immediately due to being involved in activities relating to
(i) saving lives,
(ii) preventing the immediate loss of the ship,
(iii) preventing or mitigating damage to the ship or its equipment, or
(iv) preventing or mitigating damage to the environment.
(3) The owner of a ship who has knowledge that a report has not been made in accordance with paragraph (2)(a), shall immediately make the report.
(4) The operator of an oil handling facility designated pursuant to subsection 660.2(8) of the Act shall, in respect of the loading and unloading of oil to or from a ship at the oil handling facility, immediately report any discharge of oil that occurs or the probability that such a discharge will occur.
(5) A report shall be made by the master or owner of a ship in the manner described in
(a) Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, TP 9834, published by the Department of Transport, as amended from time to time; or
(b) General Principles for Ship Reporting Systems and Ship Reporting Requirements, Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, International Maritime Organization Resolution A.851(20), adopted on November 27, 1997.
(6) A report shall be made by the operator of an oil handling facility in the manner described in the publication referred to in paragraph 5(a).
(7) A report shall include the following information:
(a) the identity of any ship and oil handling facility involved;
(b) the time and location of the discharge or estimated time and location of the probable discharge;
(c) the nature of the discharge or probable discharge, including the type and quantity of pollutant involved;
(d) in the case of a discharge, a description of the assistance and salvage measures employed; and
(e) any other relevant information.
(8) A report shall be made by the master or owner of a ship to
(a) a pollution prevention officer, where the discharge of a pollutant occurs or where there is a probability that such a discharge will occur in waters under Canadian jurisdiction; or
(b) an appropriate official of the nearest coastal state, where the discharge of a pollutant from a Canadian ship occurs outside waters under Canadian jurisdiction or there is a probability that such a discharge will occur.
(9) A report shall be made by the operator of an oil handling facility to a pollution prevention officer.
- SOR/98-524, s. 11
- SOR/99-215, s. 9
- SOR/2002-275, s. 4
6 Additional information regarding the discharge or probable discharge or further developments in respect of such a discharge or probable discharge must be submitted on request
(a) to a pollution prevention officer, by the master or owner of the ship or the operator of the oil handling facility; and
(b) to an official referred to in paragraph 5(8)(b), by the master or owner of a Canadian ship.
- Date modified: