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Enabling statute: Canada Shipping Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/S-9/SOR-91-661/52404.html
Updated to August 31, 2004

Pleasure Craft Sewage Pollution Prevention Regulations

SOR/91-661

Registration 21 November, 1991

CANADA SHIPPING ACT

Pleasure Craft Sewage Pollution Prevention Regulations

P.C. 1991-2260 21 November, 1991

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 656* and 657* of the Canada Shipping Act, is pleased hereby to make the annexed Regulations respecting the prevention of pollution by sewage from pleasure craft.

* R.S., c. 6 (3rd Supp.), s. 84

REGULATIONS RESPECTING THE PREVENTION OF POLLUTION BY SEWAGE FROM PLEASURE CRAFT

SHORT TITLE

1. These Regulations may be cited as the Pleasure Craft Sewage Pollution Prevention Regulations.

INTERPRETATION

2. In these Regulations,

"Act" means the Canada Shipping Act; (Loi)

"holding tank" means a tank that is used solely for the collection and storage of sewage and includes a tank that is an integral part of a toilet; (citerne de retenue)

"pleasure craft" means a floating ship that is used primarily for pleasure and includes a ship that is used for living purposes and that does not have a permanent connection to a land-based sewage system; (embarcation de plaisance)

"sewage" means human excrement and wastes from toilets and other receptacles intended to receive or retain human body wastes or other wastes, but does not include galley or washing-facility wastes. (eaux usées) SOR/93-251, s. 2(F); SOR/94-374, s. 4(E).

PRESCRIBED POLLUTANT

3. For the purposes of the definition "pollutant" in section 654 of the Act, sewage is a prescribed pollutant.

APPLICATION

4. Every owner of a pleasure craft

(a) shall comply with these Regulations while in a body of water described in an item of Part 1 of the schedule;

(b) that is manufactured on or after the date set out in column 2 of an item of Part 2 of the schedule shall, in the body of water described in column 1 of that item, comply with these Regulations as of that date; and

(c) that is manufactured before the date set out in column 2 of an item of Part 2 of the schedule shall, in the body of water described in column 1 of that item, comply with these Regulations as of the date set out in column 3 of that item. SOR/2000-216, s. 1.

SEWAGE DISPOSAL

5. (1) Subject to subsection (2), no pleasure craft shall discharge sewage into any body of water described in the schedule and no person shall discharge or permit the discharge of sewage from a pleasure craft into any of those bodies of water.

(2) For the purposes of Part XV of the Act, sewage may be discharged from a pleasure craft into any body of water if the discharge

(a) is to ensure the safety of the craft or any person on board; or

(b) results from damage to the craft or its equipment and all reasonable precautions are taken by the persons on board the craft after the occurrence of the damage to prevent or minimize the discharge.

(3) A pleasure craft that is fitted with a toilet shall be fitted with a holding tank.

(4) Subject to subsection (5), a pleasure craft may be fitted with a piping system that allows the discharge of sewage directly

(a) from a toilet into a holding tank;

(b) from a toilet overboard by bypassing the holding tank; or

(c) from the holding tank overboard.

(5) Where a pleasure craft is fitted with a piping system referred to in paragraph (4)(b) or (c) and is in a body of water described in the schedule, the system shall be visibly disconnected and closed so as to prevent the possible discharge of sewage from the craft. SOR/94-374, s. 4.

HOLDING TANK

6. Where a pleasure craft is fitted with a holding tank, the tank shall

(a) be an integral part of the hull structure of the pleasure craft or be securely attached to the hull;

(b) be constructed of structurally sound material that prevents the tank contents from leaking;

(c) be resistant to corrosion by sewage;

(d) have an adequate capacity for the craft's normal complement;

(e) be provided with a discharge connection and a piping system for the removal of the tank contents by a pumping facility;

(f) be designed so that the level of sewage in the tank may be determined without the tank being opened and without contacting or removing any of the tank contents, or be equipped with a device that allows that determination to be made; and

(g) be equipped with a ventilation device that

(i) has its vent outlet located on the outside of the pleasure craft and in a safe location,

(ii) prevents the build-up within the tank of pressure that could cause damage to the tank,

(iii) is constructed of material that cannot be corroded by sewage, and

(iv) has a flame screen of non-corrosive material fitted to the vent outlet. SOR/93-251, s. 2(E).

SCHEDULE
(Sections 4 and 5)

PART I
BODIES OF WATER

British Columbia

Item

Name and Location of Body of Water

1.

Shuswap Lake (lat. 50°56' N, long. 119°17' W), north of Salmon Arm

2.

Mara Lake (lat. 50°47' N, long. 119°00' W), east of Salmon Arm

3.

Okanagan Lake (lat. 49°45' N, long. 119°44' W), west of Kelowna

Manitoba

Item

Name and Location of Body of Water

1.

Red River, from the Canada--USA border to Lake Winnipeg

2.

Assiniboine River, from Red River upstream to St. James Bridge in the City of Winnipeg

3.

Shoal Lake, Manitoba portion (lat. 49°37' N, long. 95°10' W)

PART 2
DATES OF COMPLIANCE

British Columbia

Column 1

Column 2

Column 3



Item



Name and Location of Body of Water



Date of Compliance

Date of Compliance -- pleasure craft manufactured before the date in Column 2

1.

Christina Lake (lat. 49°07' N, long. 118°15' W), east of Grand Forks

January 1, 2001

June 1, 2001

2.

Horsefly Lake (lat. 52°23' N, long. 121°10' W), east of Horsefly

January 1, 2001

June 1, 2001

3.

Kalamalka Lake (lat. 50°10' N, long. 119°21' W), south of Vernon

January 1, 2001

June 1, 2001

4.

Pilot Bay (lat. 49°38'20" N, long. 116°52'15" W), Kootenay Lake east of Nelson

January 1, 2001

June 1, 2001

5.

Stuart Lake (lat. 54°36' N, long. 124°40' W), northwest of Fort St. James. Portion of the lake south of Jennie Chow Island (District Lot 7114, Coast Land District), including a three-kilometer buffer from the mouth of the Tachie River

January 1, 2001

June 1, 2001

6.

Carrington Bay (lat. 50°09' N, long. 125°00' W), on the northwest coast of Cortes Island, in the Strait of Georgia. All water east of a line extending from the southern point of land to the northern point of land at the mouth of Carrington Bay, including Carrington lagoon

January 1, 2001

June 1, 2001

7.

Cortes Bay (lat. 50°04' N, long. 124°55'W), on the east coast of Cortes Island, in the Strait of Georgia. All water west of a line drawn across the narrowest point of the harbour entrance

January 1, 2001

June 1, 2001

8.

Manson's Landing and Gorge Harbour (lat. 50°04' N, long. 124°59' W), on the southwest coast of Cortes Island, in the Strait of Georgia. All water east of a line extending from the southern boundary of Manson's Landing Provincial Park to the western headland defining the entrance to Gorge Harbour, including Manson's Landing Provincial Marine Park, Deadman Island and Gorge Harbour

January 1, 2001

June 1, 2001

9.

Montague Harbour (lat. 48°53' N, long. 123°24' W), on the southwest coast of Galiano Island, in the Strait of Georgia. Northern approach: all water south of a line southeast from Ballingall Islet to Galiano Island and east of a line from Ballingall Islet to Wilmot Head on Parker Island. Western approach: all water east of a line connecting Parker Island to Philmore Point on Galiano Island, including Julia Island. Montague Harbour includes Montague Harbour Marine Provincial Park

January 1, 2001

June 1, 2001

10.

Pilot Bay (lat. 49°12' N, long. 123°51' W), Gabriola Island, on the north coast of Gabriola Island, in the Strait of Georgia, east of Nanaimo. All water south of a line extending east from Tinson Point to the main shoreline of Gabriola Island, including the marine area within Gabriola Sands Provincial Park

January 1, 2001

June 1, 2001

11.

Prideaux Haven (lat. 50°09'N, long. 124°41' W), in Desolation Sound, northeast of Lund. All marine waters in the area within the following boundaries: from a point located at a bearing of 263° and a distance of 2 080 m from the southwest corner of District Lot 4354, Group One, New Westminster District, along a line drawn directly north at a distance of 350 m to the southeasterly shores of Eveleigh Island, thence along the said southeasterly shores to the most easterly point of said Island, at Lucy Point, thence on a bearing of 77° and a distance of 1 180 m to Copplestone Point, thence along the shores of Laura Cove, Melanie Cove, the southeasterly shores of Prideaux Haven and Eveleigh Anchorage to the point of commencement

January 1, 2001

June 1, 2001

12.

Roscoe Bay (lat. 50°10' N, long. 124°46' W). All marine waters of a bay on the east side of West Redonda Island, including all water west of a line drawn due north from Marylebone Point to the opposite shore on West Redonda Island

January 1, 2001

June 1, 2001

13.

Smuggler Cove (lat. 49°31' N, long. 123°58' W). The cove lies to the southwest of Secret Cove. All marine water east of a line drawn from the westernmost point of Isle Capri to the westernmost point of Wibraham Point enclosed within the boundaries of Smuggler Cove Marine Park

January 1, 2001

June 1, 2001

14.

Squirrel Cove (lat. 50°08' N, long. 124°55' W), on the east coast of Cortes Island, in the Strait of Georgia. All water in the basin northwest of Protection Island

January 1, 2001

June 1, 2001

SOR/94-714, ss. 1 and 2; SOR/2000-216, s. 2.




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