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Preface

The purpose of this guide is to provide information on the application of the Ballast Water Control and Management Regulations (the Regulations) made pursuant to the Canada Shipping Act. The purpose of the Regulations is to protect waters under Canadian jurisdiction from non-indigenous aquatic organisms and pathogens that can be harmful to ecosystems. When a new organism is introduced to an ecosystem, negative and irreversible changes may result including a change in biodiversity. Ballast water may have been associated with the unintentional introduction of a number of organisms into Canadian waters; several of which may have been extremely harmful to both the ecosystem and the economic well being of the nation. The Ballast Water Control and Management Regulations are intended to minimize the probability of future introductions of harmful aquatic organisms and pathogens from ships’ ballast water while protecting the safety of ships. This guide is to be used as a companion document to the Regulations and should not be seen as adding to or detracting from existing statutory or regulatory requirements that will prevail in the case of conflict with this guide.

Voluntary provisions for ballast water exchange were first introduced in Canada in 1989 for ships traveling to the Great Lakes. Since that time, a number of significant developments have been made, including the following:

• in 1991 ballast exchange guidelines were introduced by the International Maritime Organization (IMO) - these were revised in 1997 as resolution A.868(20), Guidelines for the Control and Management of Ships Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens;
• in 1993 the US Coast Guard introduced mandatory regulations that required ballast exchange for ships traveling to the Great Lakes – these were amended in 2004 to make reporting mandatory for all US waters and again in 2005 to make ballast water management mandatory in all US waters;
• in 2000 the application of the Canadian guidelines was expanded to cover all waters under Canadian jurisdiction and they were renamed to the Guidelines for the Control of Ballast Water Discharge from Ships in Waters under Canadian Jurisdiction, TP 13617;
• in 2002 the St. Lawrence Seaway Management Corp., under agreement with the St. Lawrence Seaway Development Corp., amended their joint Practices and Procedures, to make compliance with best management practices a mandatory prerequisite for transit of the Seaway system; and
• in 2004 the IMO finalized the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 – this new Convention introduced a performance standard for ballast water treatment and calls for the eventual phasing out of ballast water exchange, but is not yet in force.

The new Ballast Water Control and Management Regulations are harmonized to the maximum extent possible with current U.S. and international provisions, including the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004.

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