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

General

Cruise ships 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 ships, 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.

On November 14, 2003, Transport Canada issued the Pollution Prevention Guidelines for the Operation of Cruise Ships under Canadian Jurisdiction (TP14202). These guidelines were developed in consultation with the cruise ship industry, Fisheries and Oceans Canada, Environment Canada and the Canadian Marine Advisory Council.

The cruise industry has made international commitments to protect the environment and has developed guidelines for best practices within its industry sector.

The guidelines cover specific items including: products containing mercury, batteries, bilge and oily water residues, garbage, incinerator ash, wastewater reclamation, gray water, sewage, advanced wastewater treatment systems, air emissions, halocarbons, anti-fouling paints and ballast water.

The guidelines are intended to provide a clear indication, to cruise ship operators, of the procedures they must develop in order to comply with Canadian legislation. The guidelines also include practices that cruise ship operators have agreed to follow, which exceed current regulatory requirements. The cruise ship industry has reported a high rate of compliance with the guidelines.

Sewage

IMO regulations prohibit vessels from discharging sewage within three miles of the nearest land, unless they have in operation an approved treatment plant. Discharges within three to  twelve miles must be broken down, diluted, and disinfected prior to discharge. The vast majority of cruise ships have on-board sewage control systems with either tertiary or secondary sewage treatment plants. Many of the ships have advanced wastewater treatment systems capable of meeting the more stringent discharge criteria such as those required by the state of Alaska. 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 Canada Shipping Act (CSA) does not contain specific regulations for sewage discharge from cruise ships. However, Canadian legislation does provide for varying levels of controls for wastewater discharges depending on the location and whether the vessels are operating within internal waterways, and other sensitive or enclosed coastal areas, such as harbours and rivers.

The CSA provides for strict controls of all discharges within internal waterways such as 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.

On June 17, 2006, Transport Canada published in the Canada Gazette, Part I, the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals, which propose to replace the existing Canadian sewage requirements with a national program that would implement the MARPOL Annex IV provisions for large vessels and extend the application to any small vessel fitted with a toilet. It is intended for these regulations to be publicized in Canada Gazette, Part II in early 2007.

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.  The guidelines specify that the average sulphur content of fuels used on-board during a cruise season should not exceed 1.5 per cent. The proposed Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals also include new provisions for air emissions, which would implement current IMO standards.

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 maintains a National Aerial Surveillance Program (NASP) for detecting any illegal discharges at sea.  Evidence gathered by NASP crews is used by Transport Canada and Environment Canada to enforce the Government’s environmental legislation, applicable to illegal discharges from ships, including the Canada Shipping Act and the Migratory Birds Convention Act.  Transport Canada has a long history of prosecuting offenders including a recent penalty of $150,000 for an illegal discharge of approximately 20 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

Canada has recently implemented Ballast Water Control and Management Regulations. The regulations were published in the Canada Gazette, Part II, on June 28, 2006.

Cruise ships coming to Canada from outside our exclusive economic zone, with the exception of vessels coming from the United States’ side of the Great Lakes, will be required to manage their ballast water in such a manner that risks of introductions of harmful aquatic organisms and pathogens are reduced to acceptable levels. Management includes the exchange of ballast water at sea or in specified alternate zones, or the treatment of ballast water. These requirements also extend to ships carrying cargo with only residual quantities of ballast on board (NOBOB ships), if they subsequently take on ballast and discharge it within our waters. Failure to comply with the requirements could entail detention of the vessel.

December 2006