Short Title

1 These Regulations may be cited as the Dangerous Chemicals and Noxious Liquid Substances Regulations.

Interpretation

2 In these Regulations,

Annex II

Annex II means Annex II to the Pollution Convention; (version anglaise seulement)

approved classification society

approved classification society means the American Bureau of Shipping, Bureau Veritas, Det norske Veritas or Lloyd’s Register of Shipping; (société de classification agréée)

BCH Code

BCH Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1971), adopted and published by the IMO, as amended from time to time; (recueil BCH)

dangerous chemical

dangerous chemical means any substance listed in Chapter 17 of the IBC Code or Chapter VI of the BCH Code; (produit chimique dangereux)

fishing zone

fishing zone means a fishing zone prescribed pursuant to section 4 of the Territorial Sea and Fishing Zones Act; (zone de pêche)

high viscosity substance

high viscosity substance means, in the case of a Category B noxious liquid substance, one that has a viscosity equal to or greater than 25 mPa.s at the unloading temperature, or in the case of a Category C noxious liquid substance, one that has a viscosity equal to or greater than 60 mPa.s at the unloading temperature; (substance à viscosité élevée)

IBC Code

IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted and published by the IMO, as amended from time to time; (recueil IBC)

IMO

IMO means the International Maritime Organization; (OMI)

internal waters

internal waters[Repealed, SOR/2005-285, s. 1]

liquid substance

liquid substance means a substance that has a vapour pressure not exceeding 274.6 kPa absolute at a temperature of 37.8 °C; (substance liquide)

loading facility

loading facility means any shore or sea installation that is used for the loading of a noxious liquid substance or dangerous chemical onto a ship; (installation de chargement)

noxious liquid substance

noxious liquid substance means any substance, alone or in a mixture with other substances, that is set out in Appendix II to Annex II or provisionally assessed in accordance with Regulation 3(4) of Annex II and that falls into Category A, B, C or D set out in Regulation 3(1) of Annex II; (substance liquide nocive)

p.p.m.

p.p.m. means parts of noxious liquid substance per million parts of noxious liquid substance mixture, by volume; (ppm)

reception facility

reception facility means a facility that is capable of receiving, storing, processing or transhipping shipboard-generated residues and wastes of noxious liquid substances in an environmentally safe manner; (installation de réception)

ship

ship means a ship that carries a noxious liquid substance in bulk and includes a chemical tanker and an oil tanker as defined in the Oil Pollution Prevention Regulations when the tanker is carrying a cargo or part cargo of noxious liquid substances in bulk; (navire)

shipping safety control zone

shipping safety control zone has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act; (zone de contrôle de la sécurité de la navigation)

solidifying substance

solidifying substance means a noxious liquid substance that at the time of unloading is, in the case of a substance with a melting point below 15 °C, at a temperature of less than 5 °C above its melting point, or in the case of a substance with a melting point of or above 15 °C, at a temperature of less than 10° C above its melting point; (substance qui se solidifie)

special area

special area has the same meaning as in Regulation 1 of Annex II; (zone spéciale)

Standards

Standards means the Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances, adopted and published by the IMO, as amended from time to time; (Normes)

territorial sea

territorial sea means the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act; (mer territoriale)

transfer operation

transfer operation means

• (a) the loading of a noxious liquid substance or dangerous chemical onto a ship from a loading facility or from another ship, or

• (b) the unloading of a noxious liquid substance or dangerous chemical from a ship onto an unloading facility or onto another ship; (opération de transbordement)

unloading facility

unloading facility means any shore or sea installation that is used for the unloading of a noxious liquid substance or dangerous chemical from a ship. (installation de déchargement)

waters under Canadian jurisdiction

waters under Canadian jurisdiction means

• (a) Canadian waters; and

• (b) the exclusive economic zone of Canada. (eaux de compétence canadienne)

General Application

3 These Regulations do not apply in respect of any warship, naval auxiliary or other ship that is owned or operated by a state and used in government non-commercial service.

Pollutant

4 For the purposes of Part XV of the Canada Shipping Act, a noxious liquid substance, any mixture that contains a noxious liquid substance, and a dangerous chemical classified as a Category A, B, C or D noxious liquid substance are prescribed to be pollutants.

Cargo Record Book

• 5 (1) Every ship shall keep on board a Cargo Record Book in the form set out in Appendix IV to Annex II.

• (2) The Cargo Record Book may be part of the official log book.

• (3) The master of every ship mentioned in subsection (1) shall ensure that the operations mentioned in Regulations 9(2)(i) to (viii) of Annex II, the tank washing operations mentioned in sections 24 and 26 and the discharges mentioned in sections 30 and 33 to 36 are, each time they take place, recorded without delay, in English or French, in the Cargo Record Book, that each entry is signed by the officer in charge of the operation, and that each page thereof is signed by the master.

• (4) The Cargo Record Book shall be kept on board for a period of three years after the last entry has been made and, at any time during the period it is on board, shall be made available for inspection.

Other Documents

6 Every ship shall keep on board an English or French version of

• (a) one of the following documents, namely,

  • (i) a Canadian Noxious Liquid Substance Certificate,

  • (ii) an International Noxious Liquid Substance Certificate,

  • (iii) a Certificate of Fitness, or

  • (iv) a Certificate of Compliance;

• (b) a procedures and arrangements manual; and

• (c) a copy of the IBC Code or of the BCH Code, as applicable, for ships carrying dangerous chemicals.

Oil-like Substances

7 A Category C or D noxious liquid substance identified by the IMO as an oil-like substance may be carried on an oil tanker and discharged from it in accordance with the provisions of Part III of the Oil Pollution Prevention Regulations and Regulation 14(b) of Annex II.

PART IConstruction

Equipment and Construction Standards

• 8 (1) Every ship that is built on or after July 1, 1986, or that is built before that date and registered in Canada on or after February 16, 1993, and that carries a Category A, B, C or D noxious liquid substance, shall be equipped and built in accordance with sections 3.4, 3.5 and 3.7 of the Standards.

• (2) Every ship that is built before July 1, 1986 and registered in Canada before February 16, 1993 shall be equipped and built in accordance with subsections 8.4.1 and 8.4.2 and sections 8.5, 8.6 and 8.9 of the Standards.

• (3) Any of the following vessels that are built on or after July 1, 1986, or that are built before that date and registered in Canada on or after February 16, 1993, shall comply with the applicable design, construction, equipment and systems requirements of the IBC Code:

  • (a) ships that carry a Category A, B or C noxious liquid substance in bulk; and

  • (b) self-propelled chemical tankers that carry a dangerous chemical in bulk.

• (4) Any of the following vessels that are built before July 1, 1986 and registered in Canada before February 16, 1993 shall comply with the applicable design, construction, equipment and systems requirements of the BCH Code:

  • (a) ships that carry a Category A, B or C noxious liquid substance in bulk; and

  • (b) self-propelled chemical tankers that carry a dangerous chemical in bulk.

Containers or Enclosed Deck Areas

• 9 (1) Every noxious liquid substance cargo loading or unloading manifold and every transfer connection point on a ship shall be fitted or equipped with a container or enclosed deck area

  • (a) that is capable of retaining noxious liquid substances that may leak or spill during transfer operations;

  • (b) that has a means for the removal of the noxious liquid substances retained in it; and

  • (c) that does not adversely affect the stability of the ship or the safety of its crew.

• (2) If the largest conduit serving a noxious liquid substance cargo loading or unloading manifold or a cargo transfer connection point on a ship has an inside diameter set out in column I of an item of the table to this subsection, the container or enclosed deck area shall, under even-keel conditions, have the volume set out in column II of that item.

  	Column I	Column II
  Item	Inside Diameter	Volume of Container or Enclosed Deck Area (m3)
  1	Less than 51 mm	0.08
  2	51 mm or more, but less than 101 mm	0.16
  3	101 mm or more, but less than 153 mm	0.32
  4	153 mm or more, but less than 305 mm	0.48
  5	305 mm or more	0.64

Submission of Plans and Specifications

• 10 (1) The owner of a ship referred to in subsection 8(1) shall submit to the Board four copies of the plans and specifications for the ship, which shall include

  • (a) the containers or enclosed deck area referred to in section 9;

  • (b) the cargo unloading system referred to in section 3.3 of the Standards;

  • (c) the underwater discharge outlet location referred to in section 3.4 of the Standards;

  • (d) the underwater discharge outlet size referred to in section 3.5 of the Standards;

  • (e) the slop tanks or other arrangements referred to in section 3.6 of the Standards; and

  • (f) the ventilation equipment referred to in section 3.7 of the Standards.

• (2) The owner of a ship referred to in subsection 8(2) shall submit to the Board four copies of the plans and specifications for the ship, which shall include

  • (a) the containers or enclosed deck area referred to in section 9;

  • (b) the cargo unloading system referred to in section 8.3 of the Standards;

  • (c) the residue discharge system referred to in section 8.4 of the Standards;

  • (d) the underwater discharge outlet location referred to in section 8.5 of the Standards;

  • (e) the underwater discharge outlet size referred to in section 8.6 of the Standards;

  • (f) the recording devices referred to in section 8.7 of the Standards;

  • (g) the slop tanks or other arrangements referred to in section 8.8 of the Standards; and

  • (h) the ventilation equipment referred to in section 8.9 of the Standards.

• (3) The owner of a ship referred to in subsections 8(3) and (4) shall submit to the Board four copies of the plans and specifications for the ship, which shall include

  • (a) the general arrangement of cargo tanks, cofferdams, slop tanks, ballast tanks, double bottom tanks and pump rooms and other hull constructional arrangements in and adjacent to the cargo tank area;

  • (b) the location of accommodation spaces and service spaces, main propulsion space and auxiliary machinery spaces in relation to the cargo tank area, including openings thereto such as doors, windows and access and ventilation openings;

  • (c) the cargo tank piping system, cargo tank gauging devices, bilge pumping systems, cargo tank venting systems, ventilation systems, vapour detection instruments and systems, cargo temperature control systems, environmental control systems, fire protection, electrical installations and equipment, and provisions and equipment for personnel safety and protection;

  • (d) the capability of the ship to sustain and survive damage due to collision and stranding, in accordance with the provisions of the IBC Code or BCH Code, as applicable.

• (4) The plans and specifications referred to in subsection (3) shall include

  • (a) particulars of proposed materials to be used; and

  • (b) the calculations used to determine physical sizes, capacities, loads, pressures and temperatures.

• (5) The plans and specifications referred to in subsections (1), (2) and (3) shall be submitted

  • (a) before hull construction, in the case of a ship built after the coming into force of these Regulations; and

  • (b) before the carrying of major repairs to a ship, in any case.

• (6) A steamship inspector shall stamp the plans and specifications that meet the requirements of these Regulations.

• (7) Plans and specifications need not be submitted to the Board if those of a sister ship have already been stamped by a steamship inspector.

• (8) The Board may accept plans and specifications that have been approved by an approved classification society or by an agency of a country other than Canada if the society or agency is applying the same requirements as Canada in its approval process.

Procedures and Arrangements Manuals

• 11 (1) The owner of every ship shall submit to the Board four copies of the ship’s procedures and arrangements manual, in the form set out in Appendix D to the Standards.

• (2) The procedures and arrangements manual shall list all noxious liquid substances carried by the ship and shall include

  • (a) the information set out in subsections 2.4.2 to 2.4.4 of the Standards; and

  • (b) the operational instructions set out in paragraphs 2.4.5.1 to 2.4.5.7 of the Standards and in Parts III and IV of these Regulations.

• (3) A steamship inspector shall stamp the manuals that meet the requirements of these Regulations.

PART IIInspections and Certificates

Certificates

• 12 (1) A Canadian ship that carries only a Category D noxious liquid substance which is not a dangerous chemical and that operates only within Canadian waters or fishing zones requires a Canadian Noxious Liquid Substance Certificate.

• (2) A Canadian ship that carries only a Category D noxious liquid substance which is not a dangerous chemical and that operates within the waters of a country to which the Pollution Convention applies requires an International Noxious Liquid Substance Certificate.

• (3) A Canadian ship that carries a Category A, B or C noxious liquid substance or a dangerous chemical requires a Certificate of Fitness.

Initial Inspection and Periodic Inspections

• 13 (1) Every ship shall, in addition to complying with the applicable regulations made under Part V of the Canada Shipping Act, be inspected by a steamship inspector to ensure that the ship’s construction, arrangement, equipment, fittings, installations and systems are in accordance with these Regulations, before the ship is put into service for the first time or is issued its first Canadian Noxious Liquid Substance Certificate or Certificate of Fitness.

• (2) The steamship inspector shall issue to a ship that complies with these Regulations a Canadian Noxious Liquid Substance Certificate or a Certificate of Fitness, that is valid for a period of five years beginning on the date of its issuance.

• (3) A ship that is transferred from foreign registry to Canadian registry is subject to the provisions of subsections (1) and (2).

• (4) Where a steamship inspector conducts an inspection of a ship similar to its initial inspection and finds that the ship is in compliance with these Regulations, the steamship inspector may renew the ship’s Canadian Noxious Liquid Substance Certificate or Certificate of Fitness within the three month period before the expiration of the five year period that began on the date of issuance of the certificate.

Intermediate Inspections

• 14 (1) The owner or master of a ship may elect to undergo an intermediate inspection within the three months before or after the expiration of either two years or three years following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness.

• (2) A ship shall have an intermediate inspection carried out by a steamship inspector to ensure that the ship’s equipment and piping system comply with these Regulations.

• (3) If, during an intermediate inspection, the equipment and piping systems are found to be operating in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship’s Canadian Noxious Liquid Substance Certificate or Certificate of Fitness.

Annual Inspections

• 15 (1) In order to ensure that its equipment, fittings, installations and systems are operated and maintained in accordance with these Regulations, every ship shall be inspected by a steamship inspector

  • (a) within the three months before or after the expiration of the one year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness;

  • (b) within the three months before or after the expiration of

    • (i) the three year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness, if an intermediate inspection referred to in subsection 14(1) takes place within the three months before or after the expiration of the two year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness, or

    • (ii) the two year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness, if an intermediate inspection referred to in subsection 14(1) takes place within the three months before or after the expiration of the three year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness; and

  • (c) within the three months before or after the four year period following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness.

• (2) If, during an annual inspection, the equipment, fittings, installations and systems are found to be operating and maintained in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship’s Canadian Noxious Liquid Substance Certificate or Certificate of Fitness.

Inspection of Non-Self Propelled Ships

• 16 (1) Notwithstanding subsection 13(4) and sections 14 and 15, the annual, intermediate and periodic inspection and issuance of the appropriate certificate to a ship that is not self-propelled may be performed by an approved classification society.

• (2) Where an approved classification society performs an inspection mentioned in subsection (1), the approved classification society shall notify the Board in writing of the date and results of its inspection.

Special Inspections

• 17 (1) If the construction, equipment, fittings, installations or systems of a ship are changed by an accident, the discovery of a defect or major repairs that affect the ship’s compliance with these Regulations, the owner or master of the ship shall report the change to the Board in writing.

• (2) The Board may require a steamship inspector to make a special general or partial inspection of the ship or its equipment, fittings, installations and systems to ensure that the necessary repairs have been made in accordance with these Regulations.

• (3) Despite subsection (1), the owner or master of a ship need not report to the Board minor repairs or the direct replacement of equipment or fittings.

International Noxious Liquid Substance Certificates

• 18 (1) The Board or an approved classification society may, at the request of the owner or master of a Canadian ship, issue that ship an International Noxious Liquid Substance Certificate, provided the ship complies with the applicable provisions of the Pollution Convention.

• (2) Where an approved classification society issues a certificate referred to in subsection (1) to a Canadian ship, the approved classification society shall forward a certified copy of the certificate to the Chairman of the Board.

Certificates of Compliance

• 19 (1) Every foreign ship to which the Pollution Convention does not apply shall have its construction, fittings, installations, equipment and systems inspected in accordance with these Regulations by a steamship inspector or by an exclusive surveyor to an approved classification society, before the ship is issued a Certificate of Compliance.

• (2) A steamship inspector shall issue to a foreign ship a Certificate of Compliance that is valid for a five year period beginning on the date of its issuance, on condition that the ship is inspected in accordance with sections 14 and 15 and found to comply with these Regulations.

PART IIIOperational Requirements and Control of Cargo Operations

General

20 The master of a ship shall ensure that operational procedures related to cargo handling, tank cleaning, slop handling and cargo tank ballasting and deballasting are carried out in accordance with the ship’s procedures and arrangements manual, with this Part and with Part IV.

• 21 (1) The master of a ship that is built on or after July 1, 1986, or that is built before that date and registered in Canada on or after February 16, 1993, and that carries a dangerous chemical in bulk shall comply with the operational requirements set out in sections 16.1 to 16.4, subsections 16.5.2 to 16.6.3 and section 16.7 of the IBC Code.

• (2) The master of a ship referred to in subsection (1) shall refuse the cargo mentioned in subsection 16.2.2 of the Standards where the analysis of the cargo has not been certified by the manufacturer or a marine chemist.

• (3) The master of a ship that is built before July 1, 1986, registered in Canada before February 16, 1993 and carries a dangerous chemical in bulk shall comply with the operational requirements set out in Chapter V of the BCH Code.

Carriage Requirements

22 No Category B noxious liquid substance that has a melting point equal to or greater than 15 °C shall be carried either in a cargo tank any boundary of which is formed by the ship’s shell plating or in a cargo tank not fitted with a cargo heating system.

Ventilation Procedures

23 Only substances that have a vapour pressure greater than 5 kPa at 20°C may be ventilated to remove residues, in which case the ventilation procedures followed shall be those referred to in paragraphs 26(1)(c), 27(2)(c) and 28(c) and shall be carried out in accordance with sections 2 and 4 of Appendix C to the Standards.

Tank Washing Operations

24 Tank washing operations referred to in sections 27 and 28 shall be carried out

• (a) in accordance with the provisions of Appendix B of the Standards; and

• (b) in such a way that the washing effluent is discharged to a reception facility and not discharged into the sea.

Stripping Operations

• 25 (1) Where cargo stripping operations that involve a Category B or C noxious liquid substance are carried out at an unloading facility, the owner or operator of the unloading facility shall ensure that the facility is capable of receiving the cargo at an average flow rate of 6 m³ per hour without creating back pressure of more than 100 kPa at the ship’s manifold.

• (2) For the purposes of subsection (1), the ship’s manifold shall be no more than 3 m above the waterline at low mean tide.

• (3) Cargo hoses and piping systems that contain noxious liquid substances shall not be drained back into the ship after the completion of cargo stripping operations.

Category A Noxious Liquid Substances

• 26 (1) A tank from which a Category A noxious liquid substance has been unloaded shall be washed before the ship leaves the port of unloading unless

  • (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted prior to loading nor washed after the ship leaves the port of unloading;

  • (b) the master of the ship notifies the Board in writing that the tank will be washed at another port that has available and adequate reception facilities; or

  • (c) cargo residues are removed by a ventilation procedure.

• (2) The tank washing operation shall be carried out in the presence of a pollution prevention officer who will endorse the appropriate operational entries of the ship’s Cargo Record Book, and shall be performed

  • (a) in accordance with section 24; or

  • (b) by washing the tank and discharging the effluent to a reception facility until the concentration of the substance in the effluent has fallen to 0.1% by weight, with the exception of yellow or white phosphorus for which the concentration shall have fallen to 0.01% by weight, and thereafter by continuing to discharge the remaining effluent until the tank is empty.

Category B and C Noxious Liquid Substances

• 27 (1) A tank from which a Category B or C noxious liquid substance has been unloaded shall be washed before the ship leaves the port of unloading if

  • (a) the unloaded substance is a high viscosity substance or a solidifying substance; or

  • (b) the unloading operation is not carried out in accordance with the ship’s procedures and arrangements manual.

• (2) Subsection (1) does not apply whenever

  • (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted prior to loading nor washed after the ship leaves the port of unloading;

  • (b) the master of the ship notifies the Board in writing that the tank will be washed at another port that has available and adequate reception facilities; or

  • (c) cargo residues are removed by a ventilation procedure.

Category D Noxious Liquid Substances

28 A tank from which a Category D noxious liquid substance has been unloaded shall either be washed or have its remaining residues diluted for discharge in accordance with section 36 unless

• (a) the tank is reloaded with the same substance or a substance that is compatible with it and the tank is neither ballasted prior to loading nor washed after the ship leaves the port of unloading;

• (b) the master of the ship notifies the Board in writing that the tank will be washed at another port that has available and adequate reception facilities; or

• (c) cargo residues are removed by a ventilation procedure.

PART IVNoxious Liquid Substance Discharges

General Prohibition and Exceptions

• 29 (1) Subject to section 30, no noxious liquid substance shall be discharged from a ship in fishing zone 1, 2 or 3 or in any portion of the internal waters of Canada that is not within a shipping safety control zone.

• (2) Subject to sections 30 and 33 to 36, no noxious liquid substance shall be discharged from a ship in any portion of the territorial sea or of fishing zone 4, 5 or 6 that is not within a shipping safety control zone.

30 Section 29 does not apply where

• (a) the discharge is necessary for the purpose of saving lives or preventing the immediate loss of a ship;

• (b) a discharge occurs as a result of an accident of navigation in which the ship or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seamen; or

• (c) a discharge is made for the purpose of scientific research into pollution abatement or control, in accordance with permission granted therefor by the Board.

DIVISION I

[Repealed, SOR/2005-285, s. 10]

Waters

Application

32 Sections 33 to 36 apply to

• (a) ships in any portion of the territorial sea or of fishing zones 4, 5 or 6 that is not within a shipping safety control zone; and

• (b) Canadian ships in waters seaward of the outermost limits of the waters set out in paragraph (a), except waters within a special area.

Authorized Discharges

Category A

33 Ballast water introduced into a tank that last contained a Category A noxious liquid substance may be discharged from a ship if

• (a) the tank was washed in accordance with subsection 26(2);

• (b) the discharge is made in accordance with the ship’s procedures and arrangements manual;

• (c) the ship is making way at a speed of at least 7 knots, in the case of a self-propelled ship, or at least 4 knots, in the case of a ship that is not self-propelled;

• (d) the discharge is made below the waterline;

• (e) the discharge is made at a distance of at least 12 nautical miles from the nearest land; and

• (f) the discharge is made where the depth of water is at least 25 m.

Category B

34 A Category B noxious liquid substance may be discharged from a ship if

• (a) the discharge is made in accordance with the ship’s procedures and arrangements manual;

• (b) the ship is making way at a speed of at least 7 knots, in the case of a self-propelled ship, or at least 4 knots, in the case of a ship that is not self-propelled;

• (c) the concentration of the noxious liquid substance in the wake astern of the ship does not exceed 1 p.p.m.;

• (d) the maximum quantity of cargo residues discharged from each cargo tank that contains a Category B noxious liquid substance does not exceed 1 m³ or 1/3,000 of the cargo tank’s capacity, whichever is the greater;

• (e) the discharge is made below the waterline;

• (f) the discharge is made at a distance of at least 12 nautical miles from the nearest land; and

• (g) the discharge is made where the depth of water is at least 25 m.

Category C

35 A Category C noxious liquid substance may be discharged from a ship if

• (a) the discharge is made in accordance with the ship’s procedures and arrangements manual;

• (b) the ship is making way at a speed of at least 7 knots, in the case of a self-propelled ship, or at least 4 knots, in the case of a ship that is not self-propelled;

• (c) the concentration of the noxious liquid substance in the wake astern of the ship does not exceed 10 p.p.m.;

• (d) the maximum quantity of cargo discharged from each cargo tank that contains a Category C noxious liquid substance does not exceed 3 m³ or 1/1,000 of the cargo tank’s capacity, whichever is the greater;

• (e) the discharge is made below the waterline;

• (f) the discharge is made at a distance of at least 12 nautical miles from the nearest land; and

• (g) the discharge is made where the depth of water is at least 25 m.

Category D

36 A Category D noxious liquid substance may be discharged from a ship if

• (a) the discharge is made in accordance with the ship’s procedures and arrangements manual;

• (b) the ship is making way at a speed of at least 7 knots, in the case of a self-propelled ship, or at least 4 knots, in the case of a ship that is not self-propelled;

• (c) the concentration of the Category D noxious liquid substance in the discharged solution is not greater than one part of the substance in 10 parts of water; and

• (d) the discharge is made at a distance of at least 12 nautical miles from the nearest land.

PART VTransfer Operations

Communications

37 Every ship and every owner or operator of a loading or unloading facility that is engaged in a transfer operation shall, before and during the transfer operation, provide means for two-way voice communication on a continuing basis that enables the supervisor for the ship and the supervisor for the other ship, loading facility or unloading facility, as the case may be,

• (a) to communicate immediately as the need arises; and

• (b) to direct the immediate shutdown of the transfer operation in case of an emergency.

Lighting

• 38 (1) If a transfer operation takes place between sunset and sunrise, every ship and every owner or operator of a loading or unloading facility that is engaged in the transfer operation shall provide illumination that has

  • (a) at each transfer connection point on the ship or facility, a lighting intensity of not less than 54 lx; and

  • (b) at each transfer operation work area around each transfer connection point on the ship or facility, a lighting intensity of not less than 11 lx.

• (2) The lighting intensity shall be that measured on a horizontal plane 1 m above the walking surface, in the case of a loading facility or unloading facility, and 1 m above the working deck, in the case of a ship.

Transfer Conduits

• 39 (1) A transfer conduit shall not be used in a transfer operation unless it

  • (a) has a bursting pressure of not less than five times its maximum working pressure;

  • (b) is clearly marked with its maximum working pressure; and

  • (c) has been tested hydrostatically to a pressure equal to one and one-half times its maximum working pressure, at least once during the year immediately preceding its use, and has successfully passed that test.

• (2) A test certificate of the test referred to in paragraph (1)(c) shall be made available, on request, to a pollution prevention officer.

• (3) Every conduit shall be used, maintained, tested and replaced in accordance with the manufacturer’s specifications.

• (4) If any conduit or connection leaks during a transfer operation, the operation shall, as soon as is practicable, be slowed down or stopped to remove the pressure from the conduit or connection.

Supervision of Transfer Operations on board Ships

• 40 (1) The owner of a ship shall ensure that every transfer operation carried out for the ship is supervised by the person referred to in subsection (2), who shall ensure that all reasonable precautions are taken to avoid the discharge of a noxious liquid substance into the water.

• (2) The supervisor shall be the holder of

  • (a) an officer’s certificate that meets the requirements of the Canada Shipping Act for that type of ship; or

  • (b) documentary evidence issued by a steamship inspector that certifies the person’s competence to supervise a transfer operation on board a chemical barge.

Supervision of Transfer Operations at Loading and Unloading Facilities

41 The owner or operator of a loading or unloading facility shall ensure that every transfer operation that is carried out at the facility is supervised by a person who is competent in transfer operations and that there is on duty at the facility a sufficient number of persons during the transfer operations.

Duties of Transfer Operations Supervisors on board Ships

42 The supervisor of a transfer operation for a ship shall ensure that

• (a) all systems, equipment, personnel and information necessary for the safe transfer of cargo are in readiness before the transfer operation;

• (b) the ship is satisfactorily secured, having regard to the weather, tidal and current conditions, and that the mooring lines are tended so that the movement of the ship does not damage the transfer conduit and its connections;

• (c) towing-off wires are positioned fore and aft and are ready for use without adjustment should it be necessary to tow the ship away;

• (d) the transfer of flammable cargoes and the gas-freeing following the unloading of flammable cargoes is stopped when electrical storms are in the immediate vicinity of the ship;

• (e) work in the cargo tank area is not carried out unless authorized by the master;

• (f) the valves in the vent system are checked for the correct setting, and flame arresters are examined for cleanliness and proper installation;

• (g) articulated loading booms, if used, are checked for undue strain;

• (h) pump room ventilation is running and all precautions for that area are observed;

• (i) tanks that are required to be kept in an inert state, where the oxygen content of the tanks must be below a specified level and a small positive pressure must be maintained in them at all times, have available a supply of inert gas to maintain their inert condition during the transfer operation;

• (j) when loading,

  • (i) the tank concerned is free of flammable and toxic vapours and residues,

  • (ii) the free end of the 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;

• (k) transfer procedures are established with the concurrence of the supervisor of the transfer operation at the loading facility, unloading facility or other ship, 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;

• (l) the supervisor of the transfer operation at the loading facility or unloading facility or on the other ship, as the case may be, has reported readiness for the commencement of the transfer operation;

• (m) the person who is on duty on that ship in respect of the transfer operation is fully conversant with the communication signals, maintains watch over the ship’s tanks to ensure that they do not overflow and maintains continuous communication with that person’s counterpart on the loading or unloading facility or on the other ship, as the case may be;

• (n) the manifold valves and tank valves on the ship are not closed until the relevant pumps are stopped, if that closing would cause dangerous over-pressurization of the pumping system;

• (o) the rate of flow is reduced when topping off the tanks;

• (p) the supervisor of the transfer operation at the loading or unloading facility or other ship is given sufficient notice of the stopping of the transfer operation so as to permit that supervisor to take the necessary action to reduce the rate of flow or pressure in a safe and efficient manner;

• (q) the following measures are taken to prevent a dangerous chemical or noxious liquid substance discharge, namely,

  • (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;

• (r) a supply of absorbent material is readily available near every transfer conduit to facilitate the clean-up of any minor spillage that may occur on the ship or on the shore; and

• (s) all transfer conduits that are used in the transfer operation are supported to prevent them and their connections from being subject to strain that might damage or disconnect them.

Duties of Loading and Unloading Facilities Owners or Operators and of Transfer Operations Supervisors at Facilities

• 43 (1) The owner or operator of a loading or unloading facility shall ensure that there is a person at the facility who is capable of supervising transfer operations for the facility.

• (2) The supervisor of transfer operations for a facility shall ensure that

  • (a) continuous communication is maintained with that person’s counterpart on board the ship;

  • (b) the supervisor of the transfer operation on board the ship has reported readiness for the commencement of the transfer operation; and

  • (c) the manifold valves and the tank valves at the facility are not closed until the relevant pumps are stopped, if that closing action would cause dangerous over-pressurization of the pumping system.

Notices

44 The master of a ship shall ensure that

• (a) permanent notices are displayed in conspicuous places on board, indicating the areas in which smoking and naked lights are prohibited;

• (b) on the ship’s arrival in a port area near every access to the ship, notices are posted stating, as appropriate,

  • (i) “NO NAKED LIGHTS / PAS DE FLAMMES NUES”,

  • (ii) “NO SMOKING / DÉFENSE DE FUMER”, and

  • (iii) “NO UNAUTHORIZED PERSONS / ACCÈS INTERDIT AUX PERSONNES NON AUTORISÉES”; and

• (c) in addition to the notices referred to in paragraphs (a) and (b), when the cargo being handled presents a health hazard, the notice “WARNING HAZARDOUS CHEMICALS / ATTENTION PRODUITS CHIMIQUES DANGEREUX” shall be displayed near every access to the ship.

Emergencies

45 In the event of an emergency during a transfer operation, the master of a ship, the supervisor for a ship or the supervisor of a transfer operation at a loading or unloading facility shall take all necessary measures to rectify or minimize the effects of the emergency.

Reception Facility Receipts for Ships

• 46 (1) The owner or operator of a reception facility shall issue to a ship a receipt setting out the date, the type and the amount of noxious liquid substance residues or mixtures discharged.

• (2) The master of a ship shall retain the receipt for a period of one year after the date of its issuance and shall produce it when requested to do so by a pollution prevention officer.

PART VIForeign Ships in Respect of Which the Pollution Convention Does Not Apply

47 Any ship registered in a state that is not a signatory to the Pollution Convention shall comply with these Regulations, in addition to the applicable regulations made under Part V of the Canada Shipping Act, before operating in waters under Canadian jurisdiction.

PART VIIPollution Convention

48 The provisions of Annex II take effect on the day on which these Regulations come into force, and Canadian ships operating in waters within a special area, or within a port or offshore terminal of a country in respect of which the Pollution Convention applies, shall comply with those provisions.

49 The Administration referred to in Annex II is represented by the Minister, the steamship inspectors appointed under section 301 of the Canada Shipping Act, and the pollution prevention officers appointed under paragraph 661(1)(a) of that Act, all of whom are charged with the application of the provisions of Annex II.

50 [Repealed, SOR/2005-285, s. 20]