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

SUBDIVISION 5Discharges of Sewage or Sewage Sludge

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, other than the Antarctic 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 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.

• Marginal note: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.

SUBDIVISION 6Operational Testing

Marginal note:Interpretation

• 97 (1) The following definitions apply in this section.

  biochemical oxygen demand

  biochemical oxygen demand means the quantity of oxygen determined to be used in the biochemical oxidation of organic matter during a five-day period when the organic matter is tested in accordance with the method described in section 5210 B of the Standard Methods. (demande biochimique en oxygène)

  suspended solids

  suspended solids means the total suspended solid matter determined to be in or on a liquid when it is tested in accordance with the method described in section 2540 D of the Standard Methods. (matières solides en suspension)

• Marginal note:Testing of effluent

  (2) The authorized representative of a vessel that discharges effluent from a marine sanitation device into Section I waters must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications:

  • (a) the fecal coliform count of the samples;

  • (b) the total suspended solids content of the samples;

  • (c) the 5-day biochemical oxygen demand of the samples; and

  • (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples.

• Marginal note:Exception

  (3) Subsection (2) does not apply if the marine sanitation device is fitted with instrumentation that meets the requirements of subsection (4).

• Marginal note:Automatic continuous record

  (4) The instrumentation referred to in subsection (3) must indicate the performance of the device by providing an automatic continuous record while the device is in operation of

  • (a) the suspended matter;

  • (b) the residual disinfectant content, in the case of disinfection by chlorine; and

  • (c) the disinfection efficiency, in the case of disinfection by any other method.

DIVISION 5Garbage

SUBDIVISION 1General

Marginal note:Interpretation

98 The following definitions apply in this Division.

Lake Superior Special Protection Area

Lake Superior Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

• (a) 47°30.0′ N, 85°50.0′ W;

• (b) 47°24.2′ N, 85°38.5′ W;

• (c) 47°04.0′ N, 85°49.0′ W;

• (d) 47°05.7′ N, 85°59.0′ W;

• (e) 47°18.1′ N, 86°05.0′ W. (zone de protection spéciale du lac Supérieur)

Six Fathom Scarp Mid-Lake Special Protection Area

Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning at the northernmost point and proceeding clockwise:

• (a) 44°55′ N, 82°33′ W;

• (b) 44°47′ N, 82°18′ W;

• (c) 44°39′ N, 82°13′ W;

• (d) 44°27′ N, 82°13′ W;

• (e) 44°27′ N, 82°20′ W;

• (f) 44°17′ N, 82°25′ W;

• (g) 44°17′ N, 82°30′ W;

• (h) 44°28′ N, 82°40′ W;

• (i) 44°51′ N, 82°44′ W;

• (j) 44°53′ N, 82°44′ W;

• (k) 44°54′ N, 82°40′ W. (zone de protection spéciale du milieu du lac Six Fathom Scarp)

Marginal note:Application

99 This Division does not apply in respect of vessels in a shipping safety control zone or Canadian vessels in an area in respect of which subsection 7(3) applies.

SUBDIVISION 2Discharges of Garbage

Marginal note:Prohibition

100 A Canadian vessel in waters that are not waters under Canadian jurisdiction, and a person on such a vessel, must not discharge garbage except in accordance with section 101 or in the circumstances set out in section 5 that apply in respect of the discharge.

Marginal note:Authorized discharge — garbage

• 101 (1) For the purposes of section 187 of the Act and section 100, garbage may be discharged from a vessel in Section II waters or a Canadian vessel in waters that are not waters under Canadian jurisdiction if

  • (a) in the case of dunnage, lining material or packing material that does not contain plastics and can float, the discharge is made as far as feasible from the nearest land and in any case at least 25 nautical miles from the nearest land;

  • (b) subject to paragraph (c), in the case of garbage other than plastics or garbage that is referred to in paragraph (a), the discharge is made as far as feasible from the nearest land and in any case at least 12 nautical miles from the nearest land;

  • (c) in the case of garbage that is referred to in paragraph (b) and has been passed through a comminuter or grinder such that the comminuted or ground garbage can pass through a screen with openings not greater than 25 mm, the discharge is made as far as feasible from the nearest land and in any case at least 3 nautical miles from the nearest land; and

  • (d) in the case of cargo residues, the discharge is made after all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of a vessel that is alongside or within 500 m of a fixed or floating platform located more than 12 nautical miles from the nearest land and engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources unless the garbage is food wastes that have been passed through a comminuter or grinder such that the comminuted or ground food wastes can pass through a screen with openings not greater than 25 mm.

Marginal note:Authorized discharge — cargo residues

• 102 (1) For the purposes of section 187 of the Act, subject to subsections (2) to (4), cargo residues that are garbage may be discharged

  • (a) from a vessel in Lake Ontario, or in Lake Erie east of a line that runs due south from Point Pelee, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (b) from a vessel in Lake Erie, in the dredged navigation channels running between Toledo Harbor Light and Detroit River Light, if the vessel loaded cargo from a Lake Erie port immediately after unloading iron ore, coal or salt at that port and the cargo residues are residues of the unloaded iron ore, coal or salt;

  • (c) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if the discharge is made

    • (i) at a distance of more than 12 nautical miles from shore, or

    • (ii) in the case of iron ore cargo residues, at a distance of more than 5.2 nautical miles from shore;

  • (d) from a vessel in Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, if

    • (i) the vessel is upbound along the Thumb of Michigan between 5.04 nautical miles northeast of entrance buoys 11 and 12 and the track line turn abeam of Harbor Beach, and

    • (ii) the cargo residues are iron ore, coal or salt and the discharge is made at a distance of more than 2.6 nautical miles from shore;

  • (e) from a vessel in Lake Superior, other than the Lake Superior Special Protection Area, if

    • (i) the discharge is made from the vessel at a distance of more than 12 nautical miles from shore, and

    • (ii) in the case of iron ore cargo residues, the discharge is made from the vessel at a distance of more than 5.2 nautical miles from shore;

  • (f) from a vessel in Lake Ontario, Lake Erie, Lake Huron, other than in the Six Fathom Scarp Mid-Lake Special Protection Area, or Lake Superior, other than the Lake Superior Special Protection Area, or in any of the connecting and tributary waters of those lakes, if the cargo residues are limestone or other clean stone;

  • (g) from a vessel in the St. Lawrence River west of Les Escoumins, if the vessel is en route and the cargo residues are not cargo sweepings;

  • (h) from a vessel in the inland waters of Canada in the St. Lawrence River east of Les Escoumins, if the vessel is en route and the discharge is made at a distance of more than 6 nautical miles from shore; and

  • (i) from a vessel in the portion of the St. Lawrence River and the Gulf of St. Lawrence that is in Section I waters but not in the inland waters of Canada, if the vessel is en route and the discharge is made at a distance of more than 12 nautical miles from shore.

• Marginal note:Reasonable efforts

  (2) For the purposes of subsection (1), cargo residues may be discharged only if all reasonable efforts have been made to empty the cargo hold of the cargo residues and to reclaim any cargo residues that are on the vessel.

• Marginal note:Paragraphs (1)(g) to (i)

  (3) For the purposes of paragraphs (1)(g) to (i), the only cargo residues that may be discharged are alumina, bauxite, bentonite, cement, chrome ore, clay, dolomite, ferromanganese, grain, gypsum, ilmenite, iron ore, iron ore concentrate, lead ore concentrate, limestone, manganese concentrate, manganese ore, nepheline syenite, perlite, quartz, salt, sand, stone, sugar, talc, urea, vermiculite and zinc ore concentrate.

• Marginal note:Nearby marine mammals

  (4) Subsection (1) does not apply in respect of a vessel when its master or a crew member ascertains by visual observation that a marine mammal is within 0.5 nautical miles of the vessel.

• Definition of grain

  (5) In subsection (3), grain means wheat, corn, oats, rye, barley, flax, soybeans, safflower, canola, rice, pulses and other seeds, and the processed form of seeds, including seedcake and cereal meals.