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CANADA SHIPPING ACTBallast Water Control and Management RegulationsSOR/2006-129
Interpretation1. The following definitions in this section apply in these Regulations. "ballast water" « eau de ballast » "ballast water" means water with its suspended matter taken on board a ship to control the trim, list, draught, stability and stresses of the ship, and includes the sediment settled out of the ballast water within a ship.
"ballast water capacity" « capacité en eau de ballast » "ballast water capacity" means the total volumetric capacity of the tanks, spaces or compartments on a ship used for carrying, loading or discharging ballast water, including any multi-use tank, space or compartment designed to allow the carriage of ballast water.
"ballast water system" « système d'eau de ballast » "ballast water system" means the tanks, spaces or compartments on a ship used for carrying, loading or discharging ballast water, including any multi-use tank, space or compartment designed to allow the carriage of ballast water, as well as the piping and pumps.
"Great Lakes Basin" « bassin des Grands Lacs » "Great Lakes Basin" means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montréal in the Province of Quebec.
"harmful aquatic organisms or pathogens" « agents pathogènes ou organismes aquatiques nuisibles » "harmful aquatic organisms or pathogens" means aquatic organisms or pathogens that, if introduced into the sea, including estuaries, or into fresh water courses, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters.
"reception facility" « installation de réception » "reception facility" means a facility that is capable of receiving, storing, processing or transhipping ballast water or sediment in a manner that reduces the likelihood of harmful aquatic organisms or pathogens being introduced into waters under Canadian jurisdiction.
"TP 13617" « TP 13617 » "TP 13617" means the document entitled A Guide to Canada's Ballast Water Control and Management Regulations, published by the Department of Transport in May, 2006, as amended from time to time.
"waters under Canadian jurisdiction" « eaux de compétence canadienne » "waters under Canadian jurisdiction" means Canadian waters and waters in the exclusive economic zone of Canada, including a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act.
Application2. (1) These Regulations apply to every ship in waters under Canadian jurisdiction that is designed or constructed to carry ballast water, unless
(2) These Regulations do not apply to
Compliance3. The owner of a ship and the master of a ship shall ensure that the requirements set out in sections 4 to 10 and 13 are met. Ballast Water Management4. (1) For the purposes of this section, a ship manages ballast water if it employs, either separately or in combination, the following management processes:
(2) A ship carrying ballast water taken on board the ship outside waters under Canadian jurisdiction shall manage the ballast water in accordance with these Regulations in order to
(3) A ship shall manage ballast water taken on board the ship in waters under Canadian jurisdiction, in the United States waters of the Great Lakes Basin or in the French waters of the islands of Saint Pierre and Miquelon if the ballast water is mixed with other ballast water that was taken on board the ship outside waters under Canadian jurisdiction and that was not previously subjected to a management process set out in paragraph (1)(a) or (b). (4) It is not necessary to manage ballast water if the ship operates exclusively
(5) It is not necessary to manage ballast water if one of the following emergency situations occurs:
5. (1) A ship on a voyage to the Great Lakes Basin that carries only residual amounts of ballast water that were taken on board the ship outside waters under Canadian jurisdiction and were not previously subjected to a management process set out in paragraph 4(1)(a) or (b) is not required to comply with subsection 4(3) if the ship
(2) For the purposes of paragraph (1)(b), a saltwater flushing means the addition of mid-ocean water to ballast water tanks that contain the residual amounts of ballast water, the mixing of the flush water with the residual water and sediment in the tanks through the motion of the ship and the discharge of the mixed water so that the salinity of the resulting residual ballast water in the tanks exceeds 30 parts per thousand or is as close to 30 parts per thousand as possible. (3) A ship that complies with the requirements of subsection (1) shall carry on board the ship for at least 24 months a record that demonstrates compliance with those requirements. Ballast Water Exchange - Transoceanic Navigation6. (1) This section applies in respect of a ship that exchanges ballast water and, during the course of its voyage, navigates more than 200 nautical miles from shore where the water depth is at least 2000 m. (2) The ship shall not discharge ballast water that is taken on board the ship outside of waters under Canadian jurisdiction in waters under Canadian jurisdiction unless the ship conducts an exchange before entering Canadian waters in an area situated at least 200 nautical miles from shore where the water depth is at least 2000 m. (3) If the ship is on a voyage to a port, offshore terminal or anchorage area in the Great Lakes Basin, St. Lawrence River or Gulf of St. Lawrence and cannot comply with subsection (2) because it would compromise the stability of the ship or the safety of the ship or of persons on board, the ship shall notify the Minister of Transport as soon as possible. After doing so, the ship may, beginning on December 1 and ending on May 1, conduct an exchange in the Laurentian Channel east of 63° west longitude where the water depth is at least 300 m. (4) If the ship cannot comply with subsection (2) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in the following areas in waters under Canadian jurisdiction:
(5) If the ship is on a voyage to a port, offshore terminal or anchorage area on the west coast of Canada and cannot comply with paragraph (4)(b) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in an area at least 45 nautical miles west of Vancouver Island and the Queen Charlotte Islands and at least 45 nautical miles west of a line extending from Cape Scott to Cape St. James where the water depth is at least 500 m, with the exception of waters within 50 nautical miles of the Bowie Seamount (53°18' north latitude and 135°40' west longitude). Ballast Water Exchange - Non-Transoceanic Navigation7. (1) This section applies in respect of a ship that exchanges ballast water and does not, during the course of its voyage, navigate more than 200 nautical miles from shore where the water depth is at least 2000 m. (2) The ship shall not discharge ballast water that is taken on board the ship outside of waters under Canadian jurisdiction in waters under Canadian jurisdiction unless the ship conducts an exchange before entering Canadian waters in an area situated at least 50 nautical miles from shore where the water depth is at least 500 m. (3) If the ship cannot comply with subsection (2) because it would be impractical or would compromise the stability of the ship or the safety of the ship or of persons on board, the ship may conduct an exchange in the following areas in waters under Canadian jurisdiction:
Ballast Water Exchange Standard8. (1) A measurement of volumetric exchange or ballast water salinity does not include the sediment that has settled out of ballast water within a ship. (2) A ship that exchanges ballast water shall attain
(3) In the case of a ship that exchanges ballast water through flow-through exchange, pumping through three times the volume of each ballast tank shall constitute 95 per cent volumetric exchange, unless the ship provides evidence in its ballast water management plan that pumping through less than three times that volume achieves 95 per cent volumetric exchange. Ballast Water Treatment Standard9. A ship that treats ballast water shall attain, after the treatment, ballast water having a viable organism and indicator microbe content less than the following concentrations:
Sediment Disposal10. (1) A ship shall not discharge into waters under Canadian jurisdiction sediment that has settled out of ballast water and comes from the routine cleaning of spaces used to carry ballast water taken on board the ship outside of waters under Canadian jurisdiction. (2) The ship may carry out the disposal of the sediment at a reception facility. Ballast Water Management Plan11. (1) Effective six months after the day on which these Regulations come into force, the owner of a ship shall ensure that the ship carries on board and implements a ballast water management plan setting out safe and effective procedures for ballast water management and containing at least the following:
(2) The ballast water management plan shall also include the following:
12. (1) Effective six months after the day on which these Regulations come into force, the owner of a Canadian ship or a ship that could be registered under Part I of the Canada Shipping Act shall submit four copies of its ballast water management plan to the Board. (2) If any change is made to the ship or its operations that affects its ballast water management plan, four copies of an amended ballast water management plan shall, as soon as possible, be submitted to the Board. Exceptional Circumstances13. (1) If a ship that is required to manage ballast water in accordance with subsection 4(2) or (3) or a ship that is not required to manage ballast water in accordance with section 5 cannot comply with these Regulations or its ballast water management plan because of an equipment failure or because it would compromise the stability of the ship or the safety of the ship or of persons on board, the ship shall notify the Minister of Transport at least 96 hours before entry into the territorial sea and provide updates on the status of the situation in the manner provided in section 5.1 of TP 13617. (2) Despite subsection (1), a ship that is unable to give 96 hours' notice before entry into the territorial sea shall notify the Minister of Transport as soon as it becomes possible to do so. (3) After being notified, the Minister of Transport shall, in consultation with the master of the ship, determine the measures that, without compromising the safety of the ship or of persons on board, would reduce as much as practicable the likelihood of the introduction of harmful aquatic organisms or pathogens into waters under Canadian jurisdiction. (4) In determining the measures that should be implemented, the Minister of Transport shall take the following criteria into account:
(5) The ship shall implement the measures determined by the Minister of Transport, which shall include one or more of the following:
(6) The ship shall provide all reasonable assistance that the Minister of Transport may request. Reporting14. (1) The master of a ship bound for a port, offshore terminal or anchorage area in Canada shall submit to the Minister of Transport a completed Ballast Water Reporting Form in the manner provided in section 5.2 of TP 13617 as soon as possible after a management process is performed or a measure determined by the Minister is implemented. (2) A copy of every submitted Ballast Water Reporting Form shall be carried on board the ship for 24 months after it is submitted. Established by:SOR/2006-129 pursuant to section 657.1 of the Canada Shipping Act, comes into force June 8, 2006 |
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