ARCHIVED - Air Pollution Regulations

Version of document from 2006-03-22 to 2007-05-02:

Air Pollution Regulations

C.R.C., c. 1404

Regulations Respecting Air Pollution from Ships

1 These Regulations may be cited as the Air Pollution Regulations.

2 In these Regulations,

black smoke

black smoke means smoke that appears black or approximately black; (fumée noire)

inspector

inspector means

smoke

smoke means any solid, liquid, gas or combination thereof produced by the combustion of fuel and includes soot, ash and grit; (fumée)

Smoke Chart

Smoke Chart means a smoke chart described in section 4. (carte des fumées)

3 These Regulations apply in respect of the emission of smoke by ships while they are in Canadian waters within one mile of land.

4 (1) The smoke chart to be used in determining the density of black smoke for the purpose of these Regulations is the Department of Transport Smoke Chart set out in the schedule or a comparable chart upon which fine black dots or lines evenly spaced on a white ground are so arranged as to indicate
- (a) density No. 1, by having approximately 20 per cent of the space black;
- (b) density No. 2, by having approximately 40 per cent of the space black;
- (c) density No. 3, by having approximately 60 per cent of the space black;
- (d) density No. 4, by having approximately 80 per cent of the space black; and
- (e) density No. 5, by having approximately 100 per cent of the space black.
(2) The density of black smoke shall be determined by visual observation by
- (a) holding a Smoke Chart at arm’s length;
- (b) viewing the smoke at approximately right angles to the line of travel of the smoke; and
- (c) matching the shade of the smoke to the nearest shade of smoke density on a Smoke Chart.
(3) Black smoke tested in accordance with subsections (1) and (2) is deemed to be of the density and to have the density number indicated by the shade on the Smoke Chart it most closely resembles.
(4) Smoke that is not black smoke is deemed to be of the same density and to have the same density number as black smoke that is of approximately the same degree of opacity.

5 (1) No person shall operate or permit the operation of any fuel-burning installation on a ship so that smoke is emitted in greater density than the maximum density authorized by this section.
(2) Subject to subsection (3), no fuel-burning installation except an installation utilizing hand-fired boilers shall at any time emit smoke of a density greater than density No. 1.
(3) Any fuel-burning installation may emit smoke of density No. 2 for an aggregate of not more than four minutes in any 30-minute period.
(4) Subject to subsection (5), no fuel-burning installation utilizing hand-fired boilers shall emit smoke of a density greater than density No. 2.
(5) Any fuel-burning installation utilizing hand-fired boilers may,
- (a) while in the Detroit River, emit smoke of a density not greater than density No. 3 for an aggregate of not more than nine minutes in any 30-minute period; and
- (b) while elsewhere than in the Detroit River, emit smoke
  - (i) of a density not greater than density No. 3 for an aggregate of not more than nine minutes in any 30-minute period, and
  - (ii) of a density not greater than density No. 4 for an aggregate of not more than three minutes in any 30-minute period.

6 (1) Section 5 does not apply to any ship while
- (a) new fires are being lit,
- (b) fires are being cleaned or soot is being blown and the ship is not under way,
- (c) the ship is being laid up,
- (d) a breakdown has affected the combustion equipment, or
- (e) it is necessary, because of navigational difficulties, to force the combustion equipment to the detriment of its efficient operation,
if all practicable precautions are taken to minimize the emission of smoke.
(2) No person shall permit soot to be blown while a ship is within 1,000 yards of land if
- (a) it would have been practicable to carry out that operation before approaching land;
- (b) it would be practicable to delay that operation until after leaving land; or
- (c) an alternative method of removing soot could be employed.

7 (1) An inspector may board any ship in Canadian waters at any time and may
- (a) inspect the ship and its combustion equipment;
- (b) question the owner, master and any member of the crew respecting any violation or suspected violation of these Regulations;
- (c) investigate the circumstances relating to any alleged pollution of the air by smoke; and
- (d) ask any questions pertinent to the performance of his duties and functions under these Regulations and demand all reasonable assistance from the owner, master or any member of the crew of the ship in performing those duties and functions.
(2) No person shall
- (a) obstruct or hinder an inspector in the performance of his duties and functions under these Regulations; or
- (b) make any false statement to an inspector in respect of any inquiry made under these Regulations.
(3) Every person on board a ship shall give an inspector all reasonable assistance that he may require to enable him to carry out his duties and functions under these Regulations.
(4) The Minister may designate a member of the Public Service of Canada or the Royal Canadian Mounted Police, a provincial, municipal or harbour police officer or an air pollution control officer as an inspector for the purposes of these Regulations.

8 (1) Where smoke is emitted from a ship contrary to these Regulations, the owner and master of the ship as well as the person directly responsible for the emission of the smoke is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both.
(2) Every person who contravenes or fails to comply with any of these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both.