REGULATORY CONTROLS FOR CRUISE VESSEL WASTE
FOR VESSELS OPERATING IN CANADIAN WATERS

General

Cruise vessels operating within Canada’s coastal and internal waterways are subject to a range of international and domestic regulatory controls with respect to pollution and discharges.

At the international level, commercial passenger vessels, including cruise vessels, are subject to the International Maritime Organization (IMO) regulatory framework for pollution controls covered under the International Convention for the Prevention of Pollution from Ships, or the MARPOL 73/78 convention, relating to oil, packaged goods, sewage, garbage and air emissions.

Domestically, in addition to pollution regulations of the Canada Shipping Act (CSA), Transport Canada is also working with the cruise industry to develop voluntary guidelines to govern their waste management practices. Once established, these guidelines would be subject to periodic review to determine if additional regulatory approaches are required.

Sewage

IMO regulations prohibit vessels from discharging sewage within four miles of the nearest land, unless they have in operation an approved treatment plant. Discharges within four to 12 miles must be broken down, diluted, and disinfected prior to discharge.

The vast majority of cruise vessels have on board sewage control systems with either tertiary or secondary sewage treatment plants. Often, these systems exceed the levels of controls that exist in the land-based sewage control systems at the Ports of Call.

The IMO requirements are based upon an acceptance that, on the high seas, the oceans are capable of assimilating and dealing with raw sewage through natural bacterial action and dispersion.

The CSA does not contain specific regulations for sewage discharge from cruise vessels. However, Canadian legislation does provide for varying levels of controls for waste water discharges, depending on the location and whether the vessels are operating within internal waterways, such as the Great Lakes and the St. Lawrence Seaway, and other sensitive or enclosed coastal areas, such as harbours and rivers.

The CSA provides for strict controls of all discharges within the Great Lakes and the lower portions of the St Lawrence Seaway System. As well, at the request of the Province of British Columbia, sensitive areas of the Canadian west coast have also been designated as prohibited areas for sewage discharges.

The Canadian Marine Advisory Council (CMAC) - Pacific Region has established a Working Group on Ship Source Sewage Pollution Prevention Regulations. The Working Group is examining the development of sewage regulations that should provide for better controls of ship source sewage.

Designated Areas

Specific internal waterways can be designated under the CSA for prohibition from all vessel discharges. In addition to the Great Lakes System, 9 such areas have been designated on the Pacific coast of Canada.

Transport Canada provides provincial governments with the necessary authorities and pollution prevention enforcement capabilities for designated areas, at the request of a Province, under the Canada Shipping Act. The process includes an analysis of the requests and appropriate stakeholder consultations.

Garbage

The CSA prohibits the dumping of garbage into any area of the marine environment under Canadian jurisdiction (200 nautical mile limit) including solid galley waste, food waste, paper, rags, plastics, glass, metal, bottles, crockery, junk or similar refuse.

Air

The CSA limits the emission of smoke from a vessel’s fuel burning installations to specified densities.

Oil and Pollutant Substance Discharges

The CSA, and associated standards, strictly prohibit vessels from discharging oil, identified chemicals, and/or other noxious substances into waters under Canadian jurisdiction.

Transport Canada has a long history of prosecuting offenders including a recent precedent setting penalty of $125,000 for an illegal discharge of a minimum of approximately 850 litres of an oily substance.

CSA regulations, including those for Pollutant Substances, detail a lengthy list of chemicals and substances that are prohibited from discharge. As well, the Fisheries Act prohibits the release of deleterious substances into Canadian waters.

Ballast Water

Transport Canada has issued notices to cruise ship owners and operators detailing the requirements of the Canadian guidelines on ballast water management practices designed to minimize the introduction of harmful aquatic organisms and pathogens into coastal ecosytems. The guidelines provide instructions to cruise ships transiting between Canadian and American, or other foreign locations, to exchange their ballast at sea prior to entering Canadian waters. All vessels are required to report on their ballast exchange status when they request clearance to enter Canadian ports.