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加拿大航运法——防油污规则

SOR/93-3

? SHORT TITLE

? INTERPRETATION

? GENERAL APPLICATION

? POLLUTANTS

? OIL RECORD BOOKS

? OTHER DOCUMENTS

? PART I: CONSTRUCTION

? DOUBLE HULL CONSTRUCTION

? PART II: INSPECTION AND CERTIFICATES

? PART III: OIL AND OILY MIXTURE DISCHARGES

? DIVISION I: AUTHORIZED DISCHARGES

? DIVISION II: APPLICATION

? PART IV: TRANSFER OPERATIONS

? PART V: SHIPBOARD EMERGENCY PLANS AND DECLARATIONS

? PART V.I: SHIPS REGISTERED IN A STATE THAT IS NOT A SIGNATORY TO THE POLLUTIONCONVENTION

? SCHEDULE I : DECLARATION FOR A SHIP THAT IS IN WATERS SOUTH OF THE SIXTIETHPARALLEL OF NORTH LATITUDE

? SCHEDULE II: DECLARATION FOR A SHIP THAT IS IN WATERS NORTH OF THE SIXTIETHPARALLEL OF NORTH LATITUDE

? ESTABLISHED BY

________________________________________

REGULATIONS RESPECTING THE PREVENTION OF THE

POLLUTION OF WATER BY OIL DISCHARGED FROM

SHIPS AND FROM LOADING AND UNLOADING

FACILITIES FOR SHIPS

Short Title

1. These Regulations may be cited as the Oil Pollution Prevention Regulations.

Interpretation

2. In these Regulations,

"Annex I" means Annex I to the Pollution Convention. (version anglaise seulement)

"approved classification society"

? société de classification agréée ?

"approved classification society" means the American Bureau of Shipping, BureauVeritas (Canada), Det Norske Veritas, Germanischer Lloyd or Lloyd's Register ofShipping;

"Division I waters"

? eaux de la section I ?

"Division I waters" means fishing zones 1, 2 and 3 and those internal watersthat are not within a shipping safety control zone.

"Division II waters"

? eaux de la section II ?

"Division II waters" means the territorial sea and portions of fishing zones 4,5 and 6 that are not within a shipping safety control zone.

"fishing zone"

? zone de pêche ?

"fishing zone" means a fishing zone described in section 16 of the Oceans Actand prescribed under paragraph 25(b) of that Act;

"IMO"

? OMI ?

"IMO" means the International Maritime Organization.

"internal waters"

? eaux intérieures ?

"internal waters" has the same meaning as in section 2 of the Customs Act.

"loading facility"

? installation de chargement ?

"loading facility" means any shore or sea installation that is used for theloading of oil or an oily mixture onto a ship.

"machinery spaces"

? tranche des machines ?

"machinery spaces" has the same meaning as in section 2 of the Marine MachineryRegulations.

"oil"

? hydrocarbures ?

"oil" has the same meaning as in section 673 of the Canada Shipping Act.

"oily mixture"

? mélange d'hydrocarbures ?

"oily mixture" means a mixture with any oil content.

"p.p.m."

? ppm ?

"p.p.m." means parts of oil per million parts of oil-water mixture, by volume.

"reception facility"

? installation de réception ?

"reception facility" means a facility that is capable of receiving, storing,processing or transhipping shipboard- generated oily residues and sludge in anenvironmentally safe manner.

"Resolution A.393 (X)"

? résolution A.393 (X) ?

"Resolution A.393 (X)" means the IMO recommendation entitled Recommendation onInternational Performance and Test Specifications for Oily-Water SeparatingEquipment and Oil Content Meters, adopted November 14, 1977.

"Resolution A.444 (XI)"

? résolution A.444 (XI) ?

"Resolution A.444 (XI)" means the IMO recommendation entitled RecommendationConcerning the Installation of Oily-Water Separating Equipment Under theInternational Convention for the Prevention of Pollution from Ships, 1973, asModified by the Protocol of 1978 Relating Thereto, adopted November 15, 1979.

"Resolution A.446 (XI)"

? résolution A.446 (XI) ?

"Resolution A.446 (XI)" means the IMO recommendation entitled RevisedSpecifications for Design, Operation and Control of Crude Oil Washing Systems,adopted November 15, 1979.

"Resolution A.496 (XII)"

? résolution A.496 (XII) ?

"Resolution A.496 (XII)" means the IMO recommendation entitled Guidelines andSpecifications for Oil Discharge Monitoring and Control Systems for Oil Tankers,adopted November 19, 1981.

"Resolution A.586 (XIV)"

? résolution A.586 (XIV) ?

"Resolution A.586 (XIV)" means the IMO recommendation entitled RevisedGuidelines and Specifications for Oil Discharge Monitoring and Control Systemsfor Oil Tankers, adopted November 20, 1985.

"Resolution MEPC.3 (XII)"

? résolution MEPC.3 (XII) ?

"Resolution MEPC.3 (XII)" means the IMO recommendation entitled Standard Formatfor the Crude Oil Washing Operations and Equipment Manual, adopted November 30,1979.

"Resolution MEPC.5 (XIII)"

? résolution MEPC.5 (XIII) ?

"Resolution MEPC.5 (XIII)" means the IMO recommendation entitled Specificationsfor Oil/Water Interface Detection, adopted June 13, 1980.

"Resolution MEPC.54(32)"

? résolution MEPC.54(32) ?

"Resolution MEPC.54(32)" means the IMO recommendation entitled Guidelines forthe Development of Shipboard Oil Pollution Emergency Plans, adopted March 6,1992.

"Resolution MEPC.60(33)"

? résolution MEPC.60(33) ?

"Resolution MEPC.60(33)" means the IMO recommendation entitled Guidelines andSpecifications for Pollution Prevention Equipment for Machinery Space Bilges ofShips, adopted October 30, 1992.

"segregated ballast"

? ballast séparé ?

"segregated ballast" has the same meaning as in Regulation 1 of Annex I.

"shipping safety control zone"

"zone de contr?le de la sécurité de la navigation"

"shipping safety control zone" means a shipping safety control zone prescribedunder subsection 11(1) of the Arctic Waters Pollution Prevention Act;

"special area"

? zone spéciale ?

"special area" has the same meaning as in Regulation 1 of Annex I.

"territorial sea"

"mer territoriale"

"territorial sea" means the territorial sea of Canada as determined

under the Oceans Act;

"transfer operation"

? opération de transbordement ?

"transfer operation" means

(a) the loading of oil or an oily mixture onto a ship from a loading facility orfrom another ship, or

(b) the unloading of oil or an oily mixture from a ship onto an unloadingfacility or onto another ship.

"unloading facility"

? installation de déchargement ?

"unloading facility" means any shore or sea installation that is used for theunloading of oil or an oily mixture from a ship.

"waters under Canadian jurisdiction"

"eaux de compétence canadienne"

"waters under Canadian jurisdiction" means

(a) Canadian waters, and

(b) the exclusive economic zone of Canada described in section 13 of the OceansAct.

General Application

3.(1) These Regulations do not apply in respect of any warship, naval auxiliaryor other ship that is owned or operated by a state and used in governmentnon-commercial service.

(2) Except where otherwise indicated, these Regulations apply in respect of

(a) any ship operating in waters under Canadian jurisdiction, including shipsoperating in a shipping safety control zone; and

(b) any Canadian ship operating outside of waters under Canadian jurisdiction.

Pollutants

4. For the purposes of Part XV of the Canada Shipping Act, oil and any oilymixture are prescribed to be pollutants.

Oil Record Books

5. (1) Every oil tanker of 150 tons gross tonnage or more and any other ship of400 tons gross tonnage or more that carries oil as fuel or as cargo shall keepon board an Oil Record Book, Part I (Machinery Space Operations), in the formset out in Appendix III to Annex I.

(2) Every oil tanker shall also keep on board an Oil Record Book, Part II (CargoBallast Operations), in the form set out in Appendix III to Annex I.

(3) The master of every oil tanker and of every other ship mentioned insubsection (1) shall ensure that the operations mentioned in Regulation 20(2)(a)of Annex I, as well as the discharges mentioned in paragraphs 29(a), (b) and(d), are, each time they take place, recorded without delay in the Oil RecordBook, Part I, that each entry is signed by the officer in charge of theoperation, and that each page thereof is signed by the master.

(4) In addition to the obligation prescribed by subsection (3), the master ofevery oil tanker of 150 tons gross tonnage or more shall ensure that theoperations mentioned in Regulation 20(2)(b) of Annex I, as well as thedischarges mentioned in paragraphs 29(a), (b) and (d), are, each time they takeplace, recorded without delay in the Oil Record Book, Part II, that each entryis signed by the officer in charge of the operation, and that each page thereofis signed by the master.

(5) The Oil Record Book may be a part of the official log book.

(6) The Oil Record Book shall be kept on board for a period of three years afterthe 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 oil tanker of 150 tons gross tonnage or more and any other ship of 400tons gross tonnage or more that carries oil as fuel or as cargo shall keep onboard an English or French version of

(a) one of the following documents, namely,

(i) a Canadian Oil Pollution Prevention Certificate, where the ship is aCanadian ship that is engaged in voyages that take place exclusively in watersunder Canadian jurisdiction,

(ii) an International Oil Pollution Prevention Certificate, where the ship is

(A) a Canadian ship that is engaged in voyages that do not take placeexclusively in waters under Canadian jurisdiction, or

(B) a ship, other than a Canadian ship, that is registered in a state that is asignatory to the Pollution Convention and that is engaged in voyages that takeplace in waters under Canadian jurisdiction, and

(iii) a Certificate of Compliance, where the Pollution Convention does not applyto the ship and the ship is engaged in voyages that take place in waters underCanadian jurisdiction;

(b) a Type Test Certificate, if applicable, for

(i) a 100 p.p.m. oily-water separator or 15 p.p.m. oil filtering equipment,

(ii) a process unit,

(iii) an oil content meter (machinery spaces),

(iv) an oil content meter (cargo spaces of oil tankers), and

(v) an oil-water interface detector (oil tankers);

(c) an equipment operation manual for

(i) an oil discharge monitoring and control system (oil tankers), and

(ii) a crude oil washing system (in the case of a crude oil tanker of 20,000 Dwtor more); and

(d) the information and data referred to in Regulations 25(5)(a) and (b) ofAnnex I (oil tankers).

PART I

CONSTRUCTION

Submission of Plans and Specifications

8. (1) Subject to subsection (2), the owner of every Canadian oil tanker of 150tons gross tonnage or more, and of every other Canadian ship of 400 tons grosstonnage or more, who builds, fits out or carries out major repairs to that shipshall do so in accordance with the plans and specifications required under thissection, and shall submit to the Board four copies of those plans andspecifications, which shall describe

(a) in the case of an oil tanker,

(i) the containers or enclosed deck areas referred to in section 10,

(ii) the slop tank arrangement referred to in Regulation 15(2) of Annex I,

(iii) the oil-water interface detector referred to in Resolution MEPC.5 (XIII),

(iv) the oil discharge monitoring and control system referred to in ResolutionA.586 (XIV),

(v) the pumping, piping and discharge arrangements referred to in Regulations18(1) to (4) of Annex I,

(vi) the hypothetical outflow of oil referred to in Regulations 23(1) to (4) ofAnnex I,

(vii) the limitation of size and arrangements of cargo tanks referred to inRegulations 24(2) to (6) of Annex I, and

(viii) the subdivision and stability requirements referred to in Regulations25(1) to (4) of Annex I;

(b) in the case of a crude oil tanker of 20,000 Dwt or more,

(i) the equipment referred to in paragraph (a),

(ii) the segregated ballast tanks referred to in Regulation 13(2) of Annex I,

(iii) the protective location of segregated ballast tanks referred to inRegulation 13E of Annex I,

(iv) the crude oil washing system referred to in Resolution A.446 (XI), and

(v) the inert gas system referred to in Regulation 13B(3) of Annex I;

(c) in the case of a product carrier of 30,000 Dwt or more, the equipmentreferred to in paragraph (a) and subparagraphs (b)(ii) and (iii);

(d) in the case of any ship of 400 tons gross tonnage or more,

(i) the containers or enclosed deck areas referred to in section 9,

(ii) the tank referred to in section 11,

(iii) the pump and piping system to discharge oily residues and sludge to areception facility, referred to in section 14,

(iv) the standard discharge connection referred to in Regulation 19 of Annex I,and

(v) unless the ship is one that operates exclusively in Division I waters and isfitted with a holding tank that has a volume adequate for the retention on boardof oily bilge water, one of the following pieces of equipment, namely,

(A) the 15 p.p.m. oil filtering equipment and 15 p.p.m. bilge alarm referred toin Resolution MEPC.60(33) and the stopping device referred to in Regulation10(3)(b)(vi) of Annex I, or

(B) the 100 p.p.m. oily-water separating equipment and oil discharge monitoringand control system referred to in Resolution A.393 (X);

(e) in the case of ships engaged exclusively on voyages within the inland watersof Canada,

(i) the equipment referred to in subparagraphs (d)(i) to (iv), and

(ii) unless the ship is fitted with a holding tank that has a volume adequatefor the retention on board of oily bilge water, 15 p.p.m. oil filteringequipment that is substantially similar to that referred to in ResolutionMEPC.60(33), a 5 p.p.m. bilge alarm that is substantially similar to thatreferred to in Standard for 5 p.p.m. Bilge Alarms (for Canadian Inland Waters),TP 12301, published by the Canadian Coast Guard in 1995, as amended from time totime, and a stopping device that is substantially similar to that referred to inRegulation 10(3)(b)(vi) of Annex I; and

(f) in the case of a ship of less than 10,000 tons gross tonnage engagedexclusively in voyages in Division II waters set out in subsection 32(1), theoil filtering equipment referred to in clause (d)(v)(A), except that theequipment need not be fitted with an alarm and automatic stopping device.

(2) The owner of an oil tanker need not submit the plans and specifications forequipment referred to in subparagraphs (1)(a)(ii) to (iv) or fit that equipmenton the oil tanker if the oil tanker is engaged exclusively in

(a) the carriage of asphalt or similar oils that, through their physicalproperties, inhibit effective oil/water separation and monitoring; or

(b) voyages of 72 hours or less in duration that take place entirely withinCanadian waters or fishing zones within 50 nautical miles of the nearest land.

(3) The owner of an oil tanker that is engaged exclusively in voyages that takeplace entirely within Canadian waters or fishing zones within 50 nautical milesof the nearest land need not submit the plans and specifications for equipmentreferred to in subparagraphs (1)(a)(iii) and (iv) or fit that equipment on theoil tanker.

(4) The owner of a non-self-propelled oil tanker that cannot wash or ballast itscargo tanks while making way need not submit the plans and specifications forequipment referred to in subparagraphs (1)(a)(ii) to (v) or fit that equipmenton the oil tanker.

(7) The Board may accept plans and specifications that have

already been examined by an approved classification society or by theappropriate agency of a country other than Canada, if the plans andspecifications meet the requirements of these Regulations.

Containers or Enclosed Deck Areas of Ships

for Bunkering Operations

9. (1) Every ship of 100 tons gross tonnage or more shall be fitted or equippedwith a container or an enclosed deck area that, under even-keel conditions,

(a) is capable of retaining oil that may leak or spill during bunkering of fuelor bulk lubricating oil;

(b) has a capacity of not less than 0.08 m3, where the ship is of less than 400tons gross tonnage, or 0.16 m3, where the ship is of 400 tons gross tonnage ormore; and

(c) does not adversely affect the stability of the ship or the safety of itscrew.

(2) Subsection (1) does not apply in respect of a ship

(a) that is fitted with an overflow system that prevents oil from dischargingonto the open deck; or

(b) that usually fills its bunkers from a truck and is equipped with a bunkeringhose that has an inside diameter of 51 mm or less and employs an automaticshut-off nozzle.

Containers or Enclosed Deck Areas for Oil Tankers

10. (1) Every oil cargo loading or unloading manifold and every transferconnection point on an oil tanker shall be fitted or equipped with a containeror an enclosed deck area that

(a) is capable of retaining oil that may leak or spill during transferoperations;

(b) has a means for the removal of the oil retained therein; and

(c) does not adversely affect the stability of the oil tanker or the safety ofits crew.

(2) If the largest conduit serving an oil cargo loading or unloading manifold ora cargo transfer connection point on an oil tanker has an inside diameter setout in column I of an item of the table to this subsection, the container orenclosed deck area shall, under even-keel conditions, have the volume set out incolumn II of that item.

TABLE

Column I Column II

Item Inside Diameter Volume of Container

or Enclosed Deck Area

1. Less than 51 mm 0.08 m3

2. 51 mm or more, but less than 101 mm 0.16 m3

3. 101 mm or more, but less than 153 mm 0.32 m3

4. 153 mm or more, but less than 305 mm 0.48 m3

5. 305 mm or more 0.64 m3

Tanks for Oily Residue and Sludge

11. Every ship of 400 tons gross tonnage or more shall be equipped with at leastone tank

(a) that is adequate, having regard to the type of machinery fitted on the shipand the ship's usual length of voyage, to receive the oily residues and sludgethat result from the purification of fuel and lubricating oils and from oilleakages in the ship's machinery spaces; and

(b) that is designed and constructed so as to facilitate its cleaning.

Prohibited Forepeak Tanks and Tanks

Forward of the Collision Bulkhead

12. No ship of 400 tons gross tonnage or more that is put into service on orafter the coming into force of these Regulations shall carry oil in a forepeaktank or in a tank forward of the collision bulkhead.

Cargo Spaces for Carrying Oil in Bulk

on Ships other than Oil Tankers

13. (1) A ship, other than an oil tanker, that is fitted with cargo spacesconstructed and used for carrying oil in bulk that have an aggregate capacity ofat least 200 m3 but less than 1 000 m3 shall, in addition to the requirementthat is for ships other than oil tankers, comply with the construction andoperational requirements mentioned in subsection 5(4) and sections 10, 12 and34, and Regulation 24(4) of Annex I.

(2) A ship, other than an oil tanker, that is fitted with cargo spacesconstructed and used for carrying oil in bulk that have an aggregate capacity ofat least 1 000 m3 shall, in addition to the requirements mentioned in subsection(1), comply with the requirements mentioned in subparagraphs 6(c)(i) and8(1)(a)(ii) to (iv).

Piping Systems-Standard Discharge

Connection and Sludge Pump

14. Every ship of 400 tons gross tonnage or more that is fitted with main orauxiliary propulsion machinery shall be equipped with

(a) at least one pump that is capable of discharging the oily residues andsludge from its machinery space bilges and sludge tanks through a piping systemto a reception facility;

(b) at least one outlet for the piping system referred to in paragraph (a),which outlet shall be accessible from the weather deck and be fitted with a stopvalve and a standard discharge connection flange that meet the requirements ofRegulation 19 of Annex I; and

(d) piping to and from sludge tanks that have no direct connection overboardother than the standard discharge connection referred to in paragraph (b).

14.1 Every Canadian ship of 400 tons gross tonnage or more that is fitted withmain or auxiliary propulsion machinery shall be equipped with a means on theweather deck for stopping each pump that is used to discharge oily residues andsludge.

Double Hull Construction

14.2 Any oil tanker that is engaged in voyages that take place in waters underCanadian jurisdiction shall comply with Standards for the Double HullConstruction of Oil Tankers, TP 11710, published by the Canadian Coast Guard onJuly 6, 1993, as amended from time to time, other than sections 3 and 5 andsubparagraphs 24(a)(i), (b)(i) and (c)(i) of those Standards.

Required Equipment for an Oil Tanker or a Ship

15. (1) This section and section 16 apply to every ship of 400 tons grosstonnage or more and every oil tanker of 150 tons gross tonnage or more that isengaged in a voyage in Division II waters.

(2) On or before July 6, 1998, a ship of 400 tons gross tonnage or more but lessthan 10,000 tons gross tonnage that has been put into service before July 31,1995 and that has not sustained major repairs shall be equipped with a 100p.p.m. oily-water separator referred to in Resolution A.393(X) or with theequipment described in subsection (3).

(3) After July 6, 1998, every ship described in subsection (2) shall be equippedwith 15 p.p.m. oil filtering equipment and a 15 p.p.m. bilge alarm that meet therequirements of Resolution MEPC.60(33).

(4) On or before July 6, 1998, a ship of 10,000 tons gross tonnage or more thatis put into service before July 31, 1995 and that has not sustained majorrepairs shall be equipped with the 100 p.p.m. oily-water separator and the oildischarge monitoring and control system referred to in Resolution A.393(X) orwith the equipment and alarm described in subsection (5).

(5) After July 6, 1998, every ship of 10,000 tons gross tonnage or more that isput into service before July 31, 1995 shall be equipped with a 15 p.p.m. oilfiltering system and a 15 p.p.m. bilge alarm that meet the requirements ofResolution MEPC.60(33) and an alarm and stopping device that operate as soon asthe oil content in the effluent exceeds 15 p.p.m.

(6) Where an oily-water separator referred to in subsection (2) or (4) does notmeet the specifications set out in Resolution A.393(X), the ship shall also befitted with a process unit referred to in Appendix 1 of Resolution A.444(XI).

16. (1) Every oil tanker of 150 tons gross tonnage or more that is already builton the coming into force of these Regulations and that has not sustained majorrepairs shall be fitted with

(a) the oil discharge monitoring and control system referred to in ResolutionA.586 (XIV);

(b) the oil/water interface detector referred to in Resolution MEPC.5 (XIII);

(c) a slop tank or a cargo tank that is designated as a slop tank, in conformitywith Regulation 15(2) of Annex I; and

(d) in the case of a crude oil tanker of 40,000 Dwt or more,

(i) the segregated ballast tanks referred to in Regulation 13(2) of Annex I,constructed in accordance with the protective location requirements inRegulation 13E of Annex I, or

(ii) the crude oil washing system referred to in Resolution A.446(XI) and theinert gas system referred to in Regulation 13B(3) of Annex I.

(2) Every oil tanker of 150 tons gross tonnage or more that is a product carrierof 40,000 Dwt or more, that has been built before July 31, 1995 and that has notsustained major repairs, may operate with dedicated clean ballast tanks thatmeet the requirements set out in Regulation 13A of Annex I.

Equipment Standards

17. The following equipment that is to be fitted on board an oil tanker or aship shall meet the following requirements:

(a) in the case of 15 p.p.m. oil filtering equipment, the specifications of Part1 of the Annex to Resolution MEPC.60(33);

(b) in the case of a process unit for attachment to existing oily-waterseparating equipment, the specifications of Appendix I of Resolution A.444 (XI);

(c) in the case of an oil content meter (machinery spaces), the specificationsof Part 2 of the Annex to Resolution MEPC.60(33);

(d) in the case of an oil content meter (cargo spaces of oil tankers), thespecifications of Part I of the Annex to Resolution A.586 (XIV);

(e) in the case of an oil/water interface detector, the specifications ofResolution MEPC.5 (XIII);

(f) in the case of a crude oil washing system, the specifications of ResolutionA.446 (XI);

(g) in the case of an inert gas system, the specifications of Regulation 62,Chapter II - 2 of the Safety Convention; and

(h) in the case of a 5 p.p.m. oil content meter, the specifications of Part 2 ofthe Annex to Resolution MEPC.60(33), except that the equipment shall comply withthe requirements for a 5 p.p.m. oil content meter set out in Standard for 5p.p.m. Bilge Alarms (for Canadian Inland Waters), TP 12301, published by theCanadian Coast Guard in 1995, as amended from time to time.

Operating Manuals for Oil Tankers

18. (1) The owner or master of an oil tanker of 150 tons gross tonnage or moreshall submit to the Board four copies of the operating manual for the tanker'soil discharge monitoring and control system, in the form set out in ResolutionA.586 (XIV).

(2) The owner or master of every crude oil tanker of 20,000 Dwt or more shallsubmit to the Board four copies of the operating manuals for the tanker's

(a) crude oil washing system, in the form set out in Resolution MEPC.3 (XII);and

(b) inert gas system.

Small Oil Tankers and Small Ships

19. (1) Every oil tanker of less than 150 tons gross tonnage shall be equippedwith

(b) the following equipment, namely,

(i) installations that are capable of retaining on board oil residues,contaminated cargo washing and cargo wastes for subsequent discharge into areception facility, or

(ii) equipment that meets the oily mixture discharge requirements set out insections 31, 33 and 34.

(2) Every other ship of less than 400 tons gross tonnage that carries oil asfuel or as cargo shall be equipped with

(b) the following equipment, namely,

(i) installations that are capable of retaining oil residues on board forsubsequent discharge into a reception facility, or

(ii) equipment that meets the oily mixture discharge requirements set out insections 31 and 33.

PART II

INSPECTION AND CERTIFICATES

Interpretation

20. For the purposes of this Part, "ship" means a Canadian oil tanker of 150tons gross tonnage or more or any other Canadian ship of 400 tons gross tonnageor more that carries on board oil as fuel or cargo.

Initial Inspection and Periodic Inspections

21. (1) Every ship shall, in addition to complying with the applicableregulations made under Part V of the Canada Shipping Act, be inspected by asteamship inspector to ensure that the ship's construction, arrangement,equipment, fittings, installations and systems are in accordance with theseRegulations, before the ship is put into service for the first time or is issuedits first Canadian Oil Pollution Prevention Certificate.

(2) The steamship inspector shall issue to a ship that complies with theseRegulations a Canadian Oil Pollution Prevention Certificate that is valid for aperiod of five years beginning on the date of its issuance.

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

(4) Where a steamship inspector conducts an inspection of a ship similar to itsinitial inspection and finds that the ship is in compliance with theseRegulations, the steamship inspector may renew the ship's Canadian Oil PollutionPrevention Certificate within the three month period before the expiration ofthe five year period that began on the date of issuance of the certificate.

Intermediate Inspections

22. (1) The owner or master of the ship may elect to undergo an intermediateinspection within the three months before or after the expiration of two yearsor three years following the date of issuance of its Canadian Oil PollutionPrevention Certificate.

(2) A ship shall have an intermediate inspection carried out by a steamshipinspector to ensure that the ship's equipment and piping system, including theoil discharge monitoring and control system, crude oil washing system,oily-water separating equipment and oil filtering system, comply with theseRegulations.

(3) If, during an intermediate inspection, the equipment and systems are foundto be operating in accordance with these Regulations, the steamship inspectorshall so certify by endorsing the ship's Canadian Oil Pollution PreventionCertificate.

Annual Inspections

23. (1) In order to ensure that its equipment, fittings, installations andsystems are operated and maintained in accordance with these Regulations, everyship shall be inspected by a steamship inspector

(a) within the three months before or after the expiration of the one yearperiod following the date of issuance of its Canadian Oil Pollution PreventionCertificate;

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

(i) the three year period following the date of issuance of its Canadian OilPollution Prevention Certificate, if an intermediate inspection referred to insubsection 22(1) takes place within the three months before or after theexpiration of the two year period following the date of issuance of its CanadianOil Pollution Prevention Certificate, or

(ii) the two year period following the date of issuance of its Canadian OilPollution Prevention Certificate, if an intermediate inspection referred to insubsection 22(1) takes place within the three months before or after theexpiration of the three year period following the date of issuance of itsCanadian Oil Pollution Prevention Certificate; and

(c) within the three months before or after the four year period following thedate of issuance of its Canadian Oil Pollution Prevention Certificate.

(2) If, during an annual inspection, the equipment, fittings, installations andsystems are found to be operating and maintained in accordance with theseRegulations, the steamship inspector shall so certify by endorsing the ship'sCanadian Oil Pollution Prevention Certificate.

Inspection of Non-self-Propelled Ships

24. (1) Notwithstanding subsection 21(4) and sections 22 and 23, the annual,intermediate and periodic inspections and certification of a non-self-propelledship may be performed by an approved classification society.

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

Special Inspections

25. (1) Where any change that results from an accident, the discovery of adefect or major repairs and that affects a ship's compliance with the conditionssubject to which its Canadian Oil Pollution Prevention Certificate has beenissued occurs to the construction, equipment, fittings, installations or systemsof that ship, the owner or master of the ship shall report that change to theBoard in writing.

(2) The Board may require a steamship inspector to make a special general orpartial inspection of a ship referred to in subsection (1) or its equipment,fittings, installations and systems to ensure that the necessary repairs havebeen made in accordance with these Regulations.

(3) The owner or master of a ship need not report to the Board minor repairs orthe direct replacement of equipment or fittings.

[Repealed, SOR/2002-425]

26. (1) The Board or an approved classification society may, at the request ofthe owner or master of a Canadian ship, issue that ship an International OilPollution Prevention Certificate, provided the ship complies with the applicableprovisions of the Pollution Convention.

(2) Where an approved classification society issues a certificate referred to insubsection (1) to a Canadian ship, the approved classification society shallforward a certified copy of the certificate to the Chairman of the Board.

PART III

OIL AND OILY MIXTURE DISCHARGES

General Prohibition and Exceptions

28. Subject to sections 29, 31, 33 and 34, no oil or oily mixture shall bedischarged from a ship in waters under Canadian jurisdiction.

29. Section 28 does not apply if

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

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

(c) minimal and unavoidable leakage occurs due to the operation of an underwatermachinery component; or

(d) a discharge is made for the purpose of scientific research into pollutionabatement or control in accordance with permission granted therefor by theBoard.

DIVISION I

Authorized Discharges

31. The discharge of an oily mixture from machinery spaces is authorized fromany ship in Division I waters if

(a) the ship is making way;

(b) no oily mixture

(i) originates in cargo pump room bilges, or

(ii) is mixed with oil cargo residues;

(c) the discharge is processed through oil filtering equipment that

(i) produces an undiluted effluent that has an oil content of no more than 15p.p.m., and

(ii) triggers an alarm and a discharge stopping device as soon as the oilcontent in the effluent exceeds

(A) 5 p.p.m., where discharged in inland waters of Canada, or

(B) 15 p.p m., where discharged in fishing zones 1, 2, 3 or in those internalwaters that do not include inland waters of Canada; and

(d) the discharge does not contain chemicals or any other substance introducedfor the purpose of circumventing the detection of concentrations of oil thatexceed the oil content limits specified in this section.

DIVISION II

Application

32. Division II applies in respect of all ships that are in Division II watersand Canadian ships that are seaward of the outermost limits of Division IIwaters, other than when the ships are within a special area.

Authorized Discharges

33. (1) Subject to subsection (2), the discharge of an oily mixture isauthorized from any ship in Division II waters if

(a) the ship is making way;

(b) no oily mixture

(i) originates in cargo pump room bilges, or

(ii) is mixed with oil cargo residues;

(c) the discharge is processed through oil filtering equipment that produces anundiluted effluent having an oil content of no more than 15 p.p.m.; and

(d) the discharge does not contain chemicals or any other substance introducedfor the purpose of circumventing the detection of concentrations of oil thatexceed the oil content limits specified in this section.

(2) A ship that is put into service before July 6, 1993 may, until July 6, 1998,discharge an oily mixture if the requirements of paragraphs (1)(a), (b) and (d)are met and

(a) the ship is more than 12 nautical miles from the nearest land;

(b) the discharge is processed through oily-water separating equipment orthrough oil filtering equipment that produces an undiluted effluent having anoil content of no more than 100 p.p.m.; and

(c) in the case of a ship of 10,000 tons gross tonnage or more, the oildischarge monitoring and control system is in operation.

34. The discharge of an oily mixture from cargo spaces is authorized from anyoil tanker in Division II waters if

(a) the oil tanker is making way;

(b) the oil tanker is more than 50 nautical miles from the nearest land;

(c) the instantaneous rate of discharge of the oil that is in the effluent doesnot exceed 30 L per nautical mile;

(d) the total quantity of oil discharged into the sea does not comprise

(i) in the case of an oil tanker that was put into service on or before December31, 1979, more than 1/15,000 of the cargo of which the oily mixture forms part,

(ii) in the case of an oil tanker that is put into service after December 31,1979, more than 1/30,000 of the cargo of which the oily mixture forms part, or

(iii) notwithstanding subparagraph (i), in the case of an oil tanker that istransferred to Canadian registry after February 16, 1993, more than 1/30,000 ofthe cargo of which the oily mixture forms part; and

(e) the oil discharge monitoring and control system is in operation and can stopthe discharge of any effluent having an oil content greater than that allowedunder paragraph (c) or (d).

PART IV

TRANSFER OPERATIONS

Application

35. (1) Sections 36 and 40 and paragraphs 42(b) to (d) and (f) to (j) do notapply in respect of oil tankers of less than 150 tons gross tonnage or inrespect of other ships of less than 400 tons gross tonnage.

(2) Sections 36, 37 and 40 and paragraphs 42(b) to (d) and (g) to (i) do notapply in respect of an unmanned oil tanker from which oil is being unloaded ifthe oil tanker is not attended by a manned ship and is in an isolated location.

Communications

36. Every ship and every owner or operator of a loading or unloading facilitythat is engaged in a transfer operation shall, before and during a transferoperation, provide means for two-way voice communication on a continuing basisthat 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 anemergency.

Lighting

37. (1) If a transfer operation takes place between sunset and sunrise, everyship and every owner or operator of a loading or unloading facility that isengaged in the transfer operation shall provide illumination that has

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

(b) at each transfer operation work area around each transfer connection pointon 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 mabove the walking surface, in the case of a loading or unloading facility, and 1m above the working deck, in the case of a ship.

Transfer Conduits

38. (1) A transfer conduit shall not be used in a transfer operation unless it

(a) has a bursting pressure of not less than four times its maximum workingpressure;

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

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

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

(3) Every conduit shall be used, maintained, tested and replaced in accordancewith the manufacturer's specifications.

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

Reception Facility-Standard Discharge Connections

39. Every owner or operator of a reception facility that receives oily residuesand sludge from a ship's machinery space bilges and sludge tank shall equip thereception facility with a piping system that, at its ship side end, is fittedwith a standard discharge connection that meets the requirements of Regulation19 of Annex I.

Supervision of Transfer Operations on board Ships

40. (1) The owner of a ship shall ensure that every transfer operation carriedout for the ship is supervised by the person referred to in subsection (2), whoshall ensure that all reasonable precautions are taken to avoid the discharge ofoil into the water.

(2) The supervisor shall be the holder of

(a) an officer's certificate that meets the requirements of the Canada ShippingAct for that type of ship; or

(b) in the case of an oil barge, documentary evidence issued by a steamshipinspector that certifies the person's competence to supervise a transferoperation.

41. [Repealed by SOR/2004-28]

Duties of Transfer Operations Supervisors on board Ships

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

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

(b) transfer procedures are established with the concurrence of the supervisorof the transfer operation at the loading facility, unloading facility or othership, 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 anyoverflow 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 emergencyconditions, 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 loading facility, unloadingfacility or other ship, as the case may be, has reported readiness for thecommencement of the transfer operation;

(d) the person who is on duty on that ship in respect of the transfer operationis fully conversant with the communication signals, maintains watch over theship's tanks to ensure that they do not overflow and maintains continuouscommunication with that person's counterpart on the loading or unloadingfacility or on the other ship, as the case may be;

(e) the manifold valves and tank valves on the ship are not closed until therelevant pumps are stopped, if that closing would cause dangerousover-pressurization of the pumping system;

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

(g) the supervisor of the transfer operation at the loading or unloadingfacility or for the other ship is given sufficient notice of the stopping of thetransfer operation so as to permit that supervisor to take the necessary actionto reduce the rate of flow or pressure in a safe and efficient manner;

(h) the following measures are taken to prevent oily discharge, namely,

(i) all cargo and bunker manifold connections that are not being used in thetransfer operation are securely closed and fitted with blank flanges or otherequivalent means of closure,

(ii) all overboard discharge valves are securely closed and marked to indicatethat they are not to be opened during the transfer operation, and

(iii) all scuppers are plugged;

(i) a supply of peat moss or other absorbent material is readily available nearevery transfer conduit to facilitate the clean-up of any minor spillage that mayoccur on the ship or on the shore; and

(j) all transfer conduits that are used in the transfer operation are supportedto prevent them and their connections from being subject to strain that mightdamage or disconnect them.

43. [Repealed by SOR/2004-28]

Emergencies

44. In the event of an emergency during a transfer operation, the master of aship or the supervisor for a ship shall take all necessary measures to rectifyor minimize the effects of the emergency.

Reception Facility Receipts for Ships

45. (1) The master of a ship shall obtain from the owner or operator of areception facility a receipt that sets out the type and amount of oily residuesdischarged from the ship and the date on which they were discharged.

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

PART V

SHIPBOARD EMERGENCY PLANS AND DECLARATIONS

Shipboard Oil Pollution Emergency Plan

45.1 This Part applies in respect of oil tankers of 150 tons gross tonnage ormore and other ships of 400 tons gross tonnage or more in waters under Canadianjurisdiction.

45.2 (1) Every oil tanker of 150 tons gross tonnage or more and every other shipof 400 tons gross tonnage or more that carries oil as fuel or cargo shall keepon board an English or French version of a shipboard oil pollution emergencyplan that is in accordance with Resolution MEPC.54(32).

(2) The owner of every Canadian oil tanker of 150 tons gross tonnage or more andevery other Canadian ship of 400 tons gross tonnage or more that carries oil asfuel or cargo shall submit four copies of the shipboard oil pollution emergencyplan to the Minister.

Declaration Pursuant to Paragraph 660.2(2)(c) of the Act

45.3 The declaration referred to in paragraph 660.2(2)(c) of the Act shall be inthe form set out

(a) in Schedule I, for a ship that is in waters south of the sixtieth parallelof north latitude; and

(b) in Schedule II, for a ship that is in waters north of the sixtieth parallelof north latitude.

PART V.I

SHIPS REGISTERED IN A STATE THAT IS NOT A SIGNATORY

TO THE POLLUTION CONVENTION

46. Any ship registered in a state that is not a signatory to the PollutionConvention shall comply with these Regulations in addition to the applicableregulations made under Part V of the Canada Shipping Act, before operating inwaters under Canadian jurisdiction.

PART VI

POLLUTION CONVENTION

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

[Repealed, SOR/2002-425]

SCHEDULE I

(Section 45.3)

DECLARATION FOR A SHIP THAT IS IN WATERS SOUTH OF THE SIXTIETH PARALLEL OF NORTHLATITUDE

Pursuant to subparagraph 660.2(2)(c)(i) of the Canada Shipping Act, I declarethat

(a) with respect to pollution insurance coverage, the ship's insurer is:

________________________________________

(Name, address, phone number)

________________________________________

(b) in accordance with paragraph 660.2(2)(b) of the Canada Shipping Act, I havean arrangement with the certified response organization known as:

________________________________________

(Name of response organization)

(c) the arrangement is in respect of _______________________________ tonnes ofoil

(Number of tonnes)

and in respect of the following waters: ________________________________

(waters in which the ship is operating)

(d) pursuant to subparagraph 660.2(2)(c)(iii) of the Canada Shipping Act,

(i) the following persons are authorized to implement the arrangement describedin paragraph (b):

________________________________________

(Name, Telephone, fax or telex number)

________________________________________

(Name, Telephone, fax or telex number)

(If required, attach additional pages)

(ii) the following persons are authorized to implement the shipboard oilpollution emergency plan required by section 45.2 of the Oil PollutionPrevention Regulations:

________________________________________

(Name, Telephone, fax or telex number)

________________________________________

(Name, Telephone, fax or telex number)

(If required, attach additional pages)

________________________________ ______________________

(Signed by the master or owner) (Date)

SCHEDULE II

(Section 45.3)

DECLARATION FOR A SHIP THAT IS IN WATERS NORTH OF THE SIXTIETH PARALLEL OF NORTHLATITUDE

Pursuant to subparagraph 660.2(2)(c)(i) of the Canada Shipping Act, I declarethat with respect to pollution insurance coverage, the ship's insurer is:

________________________________________

(Name, address, phone number)

____________________________________ ______________________

(Signed by the master or owner) (Date)

Established by the CONSOLIDATED REGULATIONS OF CANADA, 1978.

amended by

SOR/80-281 21 April, 1980 pursuant to section 730 of the Canada Shipping Act

The definition "transfer operation" in section 2; Part III; and Schedule IV isadded.

SOR/85-181 14 February, 1985 pursuant to section 730 of the Canada Shipping Act

Sections 15 and 16; and Schedule I.

SOR/87-231 9 April, 1987 pursuant to section 730 of the Canada Shipping Act

Subsections 15(1) and 15(3) of the French version; subsections 16(1) and (2);and subparagraph 16(4)(b)(ii) of the French version.

PLEASE NOTE THAT THE CANADA SHIPPING ACT IS NOW S-9 OF THE REVISED STATUTES OFCANADA, 1985.

SOR/93-3 21 December, 1992 pursuant to sections 656, 657 and 658 of the CanadaShipping Act, effective February 16, 1993

Revoked and replaced.

SOR/95-352 26 July, 1995 pursuant to sections 655, 656, 658, and 660.9 of theCanada Shipping Act, effective July 31,1995

The definition "oil tanker" in secton 2 is revoked; section 2 by adding thedefinitions "Resolution MEPC. 54(32) in section 2; section 2 by adding thedefinitions "Divsion I waters","Divsion II waters", "Resolution MEPC.60(33)" ,and "waters under Canadian jurisdiction"; section 3; paragragh 6(a);subparagraph 6(b)(i); the heading preceding section 7 and section 7 are revoked;subsection 8(1) preceding paragraph (a); clause 8(1)(d)(v)(A); subparagraph8(1)(e)(ii); subsections 8(5) and (6) are revoked; section 14 by revokingparagraph (c) and by adding sections 14.1 and 14.2; section 15; paragraph 16(d)and (e); section 16 by adding section 16(2); section 17 preceding paragraph (a);paragraph 17(c); paragraph 17(h); subsection 18(3) is revoked; the headingpreceding section 19; section 20; section 27 is revoked; section 28; the headingpreceding section 30 and section 30; subparagraph 31(c)(i); clause 31(c)(ii)(B);the heading preceding section 32 and section 32; subsection 34(1) precedingparagraph (a); subsection 34(2) is revoked; subsection 40(3) and (4) arerevoked; Part V; section 47 is revoked; and section 49 by adding Schedules I andII.

SOR/98-123 19 February, 1998 pursuant to paragraph 231(1)(d), section 314,subsections 338(1) and 339(1), sections 342, 389 and 408, subsections 562(2) to(4) and 562.1(1) and sections 656 to 658 of the Canada Shipping Act, into forceFebruary 19, 1998

The portion of section 6 before paragraph (a); paragraph 8(2)(b); subsection8(3); paragraph 19(1)(a) is repealed; paragraph 19(2)(a) is repealed; theportion of paragraph 31(b) before subparagraph (i); paragraph 34(d); paragraph42(c).

SOR/2002-425 21 November, 2002 pursuant to section 657 of the Canada ShippingAct, into force November 21, 2002.

The definitions "approved classification society", "fishing zone", "shippingsafety control zone", "territorial sea" and "waters under Canadian jurisdiction"in section 2 are replaced; Paragraph 3(2)(a)1 is replaced; The heading beforesection 9 of the French version is replaced; Paragraph 9(1)(a) is replaced;Paragraph 9(2)(b) of the French version is replaced; The heading before Part IIIis repealed; Paragraph 42(c) of the French version is replaced; Paragraph43(2)(b) of the French version is replaced; Subsection 45(1) is replaced;Section 49 is repealed.

SOR/2004-28 24 February, 2004 pursuant to paragraph 657(1)(e) of the CanadaShipping Act, into force February 24, 2004.

Section 41 and the heading before it are repealed; Section 43 and the headingbefore it are repealed; Section 44 is replaced.

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