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4.0 Ballast Water Treatment

4.1 For ships choosing to use a treatment method other than ballast water exchange, the method will be acceptable if the ballast water, after treatment, meets the standard specified in section 9 of the Regulations. This standard is the same as the Ballast Water Performance Standard specified in Regulation D-2 of the IMO’s Regulations for the Control and Management of Ships’ Ballast Water and Sediments. It should be pointed out that the purpose of section 9 of the Regulations is to acknowledge that the use of IMO treatment systems is acceptable for ships coming to Canada, but there is no obligation at this time for any ship to fit such systems.

4.2 Treatment systems shall be installed and certified in accordance with the IMO Guidelines for Approval of Ballast Water Management Systems (Resolution MEPC.125(53)) and, in the case of systems that use an active substance, the IMO Procedure for Approval of Ballast Water Management Systems that make use of Active Substances (Resolution MEPC.126(53)).

4.3 In the case of prototype systems being tested and evaluated, this should be done in accordance with the procedures in the IMO Guidelines for Approval and Oversight of Prototype Ballast Water Treatment Technology Programmes (Resolution MEPC.140(54).

4.4 The use of a treatment system that does not meet the standard specified in section 9 of the Regulations may also be acceptable if it is at least equivalent to ballast water exchange, but such systems would have to be evaluated and accepted by Transport Canada on a case by case basis.

5.0 Reporting Requirements ^

5.1 If a ship is unable to manage its ballast water as required under section 4 of the Regulations, subsection 13(1) requires them to notify the Minister of Transport at least 96 hours before entry into the territorial sea of Canada. Where this is not possible because the ship is not aware that it is unable to manage its ballast water, notification should be made as soon as possible. Notification should be made to the appropriate Centre listed in section 5.3 of this Guide and should provide the following information:

1. an explanation as to the inability to carry out exchange, and
2. what equivalent process the ship intends to carry out to minimize the threat of introduction of aquatic invasive species potentially entrained in the ballast water prior to entry into waters under Canadian jurisdiction.

5.2 As required by subsection 14(1) of the Regulations, the Master of a ship destined for a Canadian port, shall provide as soon as possible after a management process is performed or a measure determined by the Minister is implemented a fully completed ballast water reporting form as set out in section 10 of this Guide by e-mail transmission, or by other means described in section 5.3. It is requested that whenever possible the form be submitted prior to entry into waters under Canadian jurisdiction.

5.3 The Master of the ship shall provide the completed ballast water reporting form as follows:

1. for ships proceeding to ports on the East Coast, in Quebec or in Ontario (Great Lakes):
   • by Email to: atlanticballastwater@tc.gc.ca or,
   • to Marine Communication and Traffic Services (ECAREG)
     • Facsimile: (902) 426-4483
     • Phone: (902) 426-4956
     • Telex: 019 22510
2. for ships proceeding to ports in Eastern Canada North of 60 degrees North Latitude:
   • by Email to: atlanticballastwater@tc.gc.ca or,
   • to Marine Communication and Traffic Services (NORDREG)
     • Facsimile: (867) 979-4236
     • Phone: (867) 979-5724
3. for ships proceeding to ports on the West Coast:
   • by Email to: rmic-pacific@pac.dfo-mpo.gc.ca or,
   • to Marine Communication and Traffic Services Centre, Regional Marine Information Centre
     • Facsimile: (604) 666-8453
     • Phone: (604) 666-6011

5.4 Ships subject to the Regulations that have not submitted a fully completed form in accordance with section 14 of the Regulation will be requested to provide the appropriate Marine Communication and Traffic Services Centre with the following information as part of the MCTS interrogative:

• (i) Whether a ballast water reporting form signed by the Master has been provided by facsimile to the appropriate agency (i.e. Transport Canada Marine Safety, port authorities or the U.S. Coast Guard) or has been submitted by electronic or other acceptable means.
  
• (ii) Whether ballast water is being carried.
  
• (iii) If the answer to (ii) is affirmative:
  
  • (iv) Whether the ship has a Ballast Water Management Plan appropriate to that ship.
  • (v) Whether the Ballast Water Management Plan has been reviewed by a classification society or flag administration.
  • (vi) Whether ballast water management procedures have been performed prior to entering Canada’s exclusive economic zone
    
• (vii) If the answer to (vi) is negative:
  • (viii) What is the reason for non performance?
  • (ix) What procedures, are proposed to protect Canada’s waters prior to discharge of ballast?

5.5 Under section 562.19 of the Canada Shipping Act it is an offence to refuse to provide information, or to knowingly provide false information to a marine communication and traffic services officer, where such information is requested for the promotion of environmental protection.

6.0 Pleasure Craft and Search and Rescue Vessels ^

6.1 Under subsection 2(2) of the Regulations ships used for search and rescue operations or pleasure craft that are less than 50 m in overall length and that have a maximum ballast water capacity of 8 m3 are exempted from the application of the Regulations.

6.2 If carrying ballast, these vessels should, insofar as practicable, either comply with the requirements of the Regulations or meet the provisions of the IMO Guidelines for Ballast Water Management Equivalent Compliance contained in Resolution MEPC.123(53). The IMO Guidelines are included as Schedule 3 to this Guide.

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