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CANADA SHIPPING ACTDangerous Chemicals and Noxious Liquid Substances RegulationsSOR/93-4
REGULATIONS RESPECTING THE SAFETY OF SHIPS CARRYING DANGEROUS CHEMICALS OR NOXIOUS LIQUID SUBSTANCES IN BULK, AND RESPECTING THE PREVENTION OF POLLUTION OF WATER BY SUCH CHEMICALS OR SUBSTANCES WHEN DISCHARGED FROM SHIPS OR FROM LOADING OR UNLOADING FACILITIES Short Title1. These Regulations may be cited as the Dangerous Chemicals and Noxious Liquid Substances Regulations. Interpretation2. In these Regulations, "Annex II" «version anglaise seulement» "Annex II" means Annex II to the Pollution Convention;
"approved classification society" «société de classification agréée» "approved classification society" means the American Bureau of Shipping, Bureau Veritas, Det norske Veritas or Lloyd's Register of Shipping;
"BCH Code" «recueil BCH» "BCH Code" means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1971), adopted and published by the IMO, as amended from time to time;
"dangerous chemical" «produit chimique dangereux» "dangerous chemical" means any substance listed in Chapter 17 of the IBC Code or Chapter VI of the BCH Code;
"fishing zone" «zone de pêche» "fishing zone" means a fishing zone prescribed pursuant to section 4 of the Territorial Sea and Fishing Zones Act;
"high viscosity substance" «substance à viscosité élevée» "high viscosity substance" means, in the case of a Category B noxious liquid substance, one that has a viscosity equal to or greater than 25 mPa.s at the unloading temperature, or in the case of a Category C noxious liquid substance, one that has a viscosity equal to or greater than 60 mPa.s at the unloading temperature;
"IBC Code" «recueil IBC» "IBC Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted and published by the IMO, as amended from time to time;
"IMO" «OMI» "IMO" means the International Maritime Organization;
"liquid substance" «substance liquide» "liquid substance" means a substance that has a vapour pressure not exceeding 274.6 kPa absolute at a temperature of 37.8ºC;
"loading facility" «installation de chargement» "loading facility" means any shore or sea installation that is used for the loading of a noxious liquid substance or dangerous chemical onto a ship;
"noxious liquid substance" «substance liquide nocive» "noxious liquid substance" means any substance, alone or in a mixture with other substances, that is set out in Appendix II to Annex II or provisionally assessed in accordance with Regulation 3(4) of Annex II and that falls into Category A, B, C or D set out in Regulation 3(1) of Annex II;
"p.p.m." «ppm» "p.p.m." means parts of noxious liquid substance per million parts of noxious liquid substance mixture, by volume;
"reception facility" «installation de réception» "reception facility" means a facility that is capable of receiving, storing, processing or transhipping shipboard- generated residues and wastes of noxious liquid substances in an environmentally safe manner;
"ship" «navire» "ship" means a ship that carries a noxious liquid substance in bulk and includes a chemical tanker and an oil tanker as defined in the Oil Pollution Prevention Regulations when the tanker is carrying a cargo or part cargo of noxious liquid substances in bulk;
"shipping safety control zone" «zone de contrôle de la sécurité de la navigation» "shipping safety control zone" has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act;
"solidifying substance" «substance qui se solidifie» "solidifying substance" means a noxious liquid substance that at the time of unloading is, in the case of a substance with a melting point below 15ºC, at a temperature of less than 5ºC above its melting point, or in the case of a substance with a melting point of or above 15ºC, at a temperature of less than 10ºC above its melting point;
"special area" «zone spéciale» "special area" has the same meaning as in Regulation 1 of Annex II;
"Standards" «Normes» "Standards" means the Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances, adopted and published by the IMO, as amended from time to time;
"territorial sea" «mer territoriale» "territorial sea" means the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act;
"transfer operation" «opération de transbordement» "transfer operation" means
"unloading facility" «installation de déchargement» "unloading facility" means any shore or sea installation that is used for the unloading of a noxious liquid substance or dangerous chemical from a ship.
"waters under Canadian jurisdiction" «eaux de compétence canadienne» "waters under Canadian jurisdiction" means
General Application3. These Regulations do not apply in respect of any warship, naval auxiliary or other ship that is owned or operated by a state and used in government non-commercial service. Pollutant4. For the purposes of Part XV of the Canada Shipping Act, a noxious liquid substance, any mixture that contains a noxious liquid substance, and a dangerous chemical classified as a Category A, B, C or D noxious liquid substance are prescribed to be pollutants. Cargo Record Book5. (1) Every ship shall keep on board a Cargo Record Book in the form set out in Appendix IV to Annex II. (2) The Cargo Record Book may be part of the official log book. (3) The master of every ship mentioned in subsection (1) shall ensure that the operations mentioned in Regulations 9(2)(i) to (viii) of Annex II, the tank washing operations mentioned in sections 24 and 26 and the discharges mentioned in sections 30 and 33 to 36 are, each time they take place, recorded without delay, in English or French, in the Cargo Record Book, that each entry is signed by the officer in charge of the operation, and that each page thereof is signed by the master. (4) The Cargo Record Book shall be kept on board for a period of three years after the last entry has been made and, at any time during the period it is on board, shall be made available for inspection. Other Documents6. Every ship shall keep on board an English or French version of
Oil-like Substances7. A Category C or D noxious liquid substance identified by the IMO as an oil-like substance may be carried on an oil tanker and discharged from it in accordance with the provisions of Part III of the Oil Pollution Prevention Regulations and Regulation 14(b) of Annex II. PART ICONSTRUCTIONEquipment and Construction Standards8. (1) Every ship that is built on or after July 1,
1986, or that is built before that date and registered in Canada on or after
February 16, 1993, and that carries a Category A, B, C or D noxious liquid
substance, shall be equipped and built in accordance with sections 3.4, 3.5
and 3.7 of the Standards.
(4) Any of the following vessels that are built before July 1, 1986 and registered in Canada before February 16, 1993 shall comply with the applicable design, construction, equipment and systems requirements of the BCH Code:
Containers or Enclosed Deck Areas9. (1) Every noxious liquid substance cargo loading or unloading manifold and every transfer connection point on a ship shall be fitted or equipped with a container or enclosed deck area
(2) If the largest conduit serving a noxious liquid substance cargo loading or unloading manifold or a cargo transfer connection point on a ship has an inside diameter set out in column I of an item of the table to this subsection, the container or enclosed deck area shall, under even-keel conditions, have the volume set out in column II of that item. TABLE
Submission of Plans and Specifications10. (1) The owner of a ship referred to in subsection 8(1) shall submit to the Board four copies of the plans and specifications for the ship, which shall include
(2) The owner of a ship referred to in subsection 8(2) shall submit to the Board four copies of the plans and specifications for the ship, which shall include
(3) The owner of a ship referred to in subsections 8(3) and (4) shall submit to the Board four copies of the plans and specifications for the ship, which shall include
(4) The plans and specifications referred to in subsection (3) shall include
(5) The plans and specifications referred to in subsections (1), (2) and (3) shall be submitted
(6) A steamship inspector shall stamp the plans and specifications that meet the requirements of these Regulations. (7) Plans and specifications need not be submitted to the Board if those of a sister ship have already been stamped by a steamship inspector. (8) The Board may accept plans and specifications that have been approved by an approved classification society or by an agency of a country other than Canada if the society or agency is applying the same requirements as Canada in its approval process. Procedures and Arrangements Manuals11. (1) The owner of every ship shall submit to the Board four copies of the ship's procedures and arrangements manual, in the form set out in Appendix D to the Standards. (2) The procedures and arrangements manual shall list all noxious liquid substances carried by the ship and shall include
(3) A steamship inspector shall stamp the manuals that meet the requirements of these Regulations. PART IIINSPECTIONS AND CERTIFICATESCertificates12. (1) A Canadian ship that carries only a Category D noxious liquid substance which is not a dangerous chemical and that operates only within Canadian waters or fishing zones requires a Canadian Noxious Liquid Substance Certificate. (2) A Canadian ship that carries only a Category D noxious liquid substance which is not a dangerous chemical and that operates within the waters of a country to which the Pollution Convention applies requires an International Noxious Liquid Substance Certificate. (3) A Canadian ship that carries a Category A, B or C noxious liquid substance or a dangerous chemical requires a Certificate of Fitness. Initial Inspection and Periodic Inspections13. (1) Every ship shall, in addition to complying with the applicable regulations made under Part V of the Canada Shipping Act, be inspected by a steamship inspector to ensure that the ship's construction, arrangement, equipment, fittings, installations and systems are in accordance with these Regulations, before the ship is put into service for the first time or is issued its first Canadian Noxious Liquid Substance Certificate or Certificate of Fitness. (2) The steamship inspector shall issue to a ship that complies with these Regulations a Canadian Noxious Liquid Substance Certificate or a Certificate of Fitness, that is valid for a period of five years beginning on the date of its issuance. (3) A ship that is transferred from foreign registry to Canadian registry is subject to the provisions of subsections (1) and (2). (4) Where a steamship inspector conducts an inspection of a ship similar to its initial inspection and finds that the ship is in compliance with these Regulations, the steamship inspector may renew the ship's Canadian Noxious Liquid Substance Certificate or Certificate of Fitness within the three month period before the expiration of the five year period that began on the date of issuance of the certificate. Intermediate Inspections14. (1) The owner or master of a ship may elect to undergo an intermediate inspection within the three months before or after the expiration of either two years or three years following the date of issuance of its Canadian Noxious Liquid Substance Certificate or Certificate of Fitness. (2) A ship shall have an intermediate inspection carried out by a steamship inspector to ensure that the ship's equipment and piping system comply with these Regulations. (3) If, during an intermediate inspection, the equipment and piping systems are found to be operating in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship's Canadian Noxious Liquid Substance Certificate or Certificate of Fitness. Annual Inspections15. (1) In order to ensure that its equipment, fittings, installations and systems are operated and maintained in accordance with these Regulations, every ship shall be inspected by a steamship inspector
(2) If, during an annual inspection, the equipment, fittings, installations and systems are found to be operating and maintained in accordance with these Regulations, the steamship inspector shall so certify by endorsing the ship's Canadian Noxious Liquid Substance Certificate or Certificate of Fitness. Inspection of Non-Self Propelled Ships16. (1) Notwithstanding subsection 13(4) and sections 14 and 15, the annual, intermediate and periodic inspection and issuance of the appropriate certificate to a ship that is not self-propelled may be performed by an approved classification society. (2) Where an approved classification society performs an inspection mentioned in subsection (1), the approved classification society shall notify the Board in writing of the date and results of its inspection. Special Inspections17. (1) If the construction, equipment, fittings, installations or systems of a ship are changed by an accident, the discovery of a defect or major repairs that affect the ship's compliance with these Regulations, the owner or master of the ship shall report the change to the Board in writing. (2) The Board may require a steamship inspector to make a special general or partial inspection of the ship or its equipment, fittings, installations and systems to ensure that the necessary repairs have been made in accordance with these Regulations. (3) Despite subsection (1), the owner or master of a ship need not report to the Board minor repairs or the direct replacement of equipment or fittings. International Noxious Liquid Substance Certificates18. (1) The Board or an approved classification society may, at the request of the owner or master of a Canadian ship, issue that ship an International Noxious Liquid Substance Certificate, provided the ship complies with the applicable provisions of the Pollution Convention. (2) Where an approved classification society issues a certificate referred to in subsection (1) to a Canadian ship, the approved classification society shall forward a certified copy of the certificate to the Chairman of the Board. Certificates of Compliance19. (1) Every foreign ship to which the Pollution Convention does not apply shall have its construction, fittings, installations, equipment and systems inspected in accordance with these Regulations by a steamship inspector or by an exclusive surveyor to an approved classification society, before the ship is issued a Certificate of Compliance. (2) A steamship inspector shall issue to a foreign ship a Certificate of Compliance that is valid for a five year period beginning on the date of its issuance, on condition that the ship is inspected in accordance with sections 14 and 15 and found to comply with these Regulations. PART IIIOPERATIONAL REQUIREMENTS AND CONTROL OF CARGO OPERATIONSGeneral20. The master of a ship shall ensure that operational procedures related to cargo handling, tank cleaning, slop handling and cargo tank ballasting and deballasting are carried out in accordance with the ship's procedures and arrangements manual, with this Part and with Part IV. 21. (1) The master of a ship that is built on or after July 1, 1986, or that is built before that date and registered in Canada on or after February 16, 1993, and that carries a dangerous chemical in bulk shall comply with the operational requirements set out in sections 16.1 to 16.4, subsections 16.5.2 to 16.6.3 and section 16.7 of the IBC Code. (2) The master of a ship referred to in subsection (1) shall refuse the cargo mentioned in subsection 16.2.2 of the Standards where the analysis of the cargo has not been certified by the manufacturer or a marine chemist. (3) The master of a ship that is built before July 1, 1986, registered in Canada before February 16, 1993 and carries a dangerous chemical in bulk shall comply with the operational requirements set out in Chapter V of the BCH Code. Carriage Requirements22. No Category B noxious liquid substance that has a melting point equal to or greater than 15ºC shall be carried either in a cargo tank any boundary of which is formed by the ship's shell plating or in a cargo tank not fitted with a cargo heating system. Ventilation Procedures23. Only substances that have a vapour pressure greater than 5 kPa at 20°C may be ventilated to remove residues, in which case the ventilation procedures followed shall be those referred to in paragraphs 26(1)(c), 27(2)(c) and 28(c) and shall be carried out in accordance with sections 2 and 4 of Appendix C to the Standards. Tank Washing Operations24. Tank washing operations referred to in sections 27 and 28 shall be carried out
Stripping Operations25. (1) Where cargo stripping operations that involve a Category B or C noxious liquid substance are carried out at an unloading facility, the owner or operator of the unloading facility shall ensure that the facility is capable of receiving the cargo at an average flow rate of 6 m3 per hour without creating back pressure of more than 100 kPa at the ship's manifold. (2) For the purposes of subsection (1), the ship's manifold shall be no more than 3 m above the waterline at low mean tide. (3) Cargo hoses and piping systems that contain noxious liquid substances shall not be drained back into the ship after the completion of cargo stripping operations. Category A Noxious Liquid Substances26. (1) A tank from which a Category A noxious liquid substance has been unloaded shall be washed before the ship leaves the port of unloading unless
(2) The tank washing operation shall be carried out in the presence of a pollution prevention officer who will endorse the appropriate operational entries of the ship's Cargo Record Book, and shall be performed
Category B and C Noxious Liquid Substances27. (1) A tank from which a Category B or C noxious liquid substance has been unloaded shall be washed before the ship leaves the port of unloading if
(2) Subsection (1) does not apply whenever
Category D Noxious Liquid Substances28. A tank from which a Category D noxious liquid substance has been unloaded shall either be washed or have its remaining residues diluted for discharge in accordance with section 36 unless
PART IVNOXIOUS LIQUID SUBSTANCE DISCHARGESGeneral Prohibition and Exceptions29. (1) Subject to section 30, no noxious liquid
substance shall be discharged from a ship in fishing zone 1, 2 or 3 or in
any portion of the internal waters of Canada that is not within a shipping
safety control zone. 30. Section 29 does not apply where
31. [Repealed by: SOR/2005-285] 32. Sections 33 to 36 apply to
Authorized DischargesCategory A 33. Ballast water introduced into a tank that last contained a Category A noxious liquid substance may be discharged from a ship if
Category B 34. A Category B noxious liquid substance may be discharged from a ship if
Category C 35. A Category C noxious liquid substance may be discharged from a ship if
Category D 36. A Category D noxious liquid substance may be discharged from a ship if
PART VTRANSFER OPERATIONSCommunications37. Every ship and every owner or operator of a loading or unloading facility that is engaged in a transfer operation shall, before and during the transfer operation, provide means for two-way voice communication on a continuing basis that enables the supervisor for the ship and the supervisor for the other ship, loading facility or unloading facility, as the case may be,
Lighting38. (1) If a transfer operation takes place between sunset and sunrise, every ship and every owner or operator of a loading or unloading facility that is engaged in the transfer operation shall provide illumination that has
(2) The lighting intensity shall be that measured on a horizontal plane 1 m above the walking surface, in the case of a loading facility or unloading facility, and 1 m above the working deck, in the case of a ship. Transfer Conduits39. (1) A transfer conduit shall not be used in a transfer operation unless it
(2) A test certificate of the test referred to in paragraph (1)(c) shall be made available, on request, to a pollution prevention officer. (3) Every conduit shall be used, maintained, tested and replaced in accordance with the manufacturer's specifications. (4) If any conduit or connection leaks during a transfer operation, the operation shall, as soon as is practicable, be slowed down or stopped to remove the pressure from the conduit or connection. Supervision of Transfer Operations on board Ships40. (1) The owner of a ship shall ensure that every transfer operation carried out for the ship is supervised by the person referred to in subsection (2), who shall ensure that all reasonable precautions are taken to avoid the discharge of a noxious liquid substance into the water. (2) The supervisor shall be the holder of
Supervision of Transfer Operations at Loading
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