Vol. 139, No. 8 — February 19, 2005

Regulations Amending Certain Regulations Made under the Canada Shipping Act (Miscellaneous Program)

Statutory authority

Canada Shipping Act

Sponsoring department

Department of Transport

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The proposed Regulations Amending Certain Regulations Made under the Canada Shipping Act (Miscellaneous Program) replace section 21 of the Dangerous Goods Shipping Regulations and amend the Dangerous Chemicals and Noxious Liquid Substances Regulations to deal with issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJC).

Dangerous Goods Shipping Regulations

The Dangerous Goods Shipping Regulations implement international standards for the carriage of dangerous goods by ships and the International Maritime Dangerous Goods Code (IMDG Code) published by the International Maritime Organization. They also require fees to be paid when inspections are performed at the request of interested parties.

The SJC noted that, since the definition "marine pollutant" in subsection 2(1) of the Regulations means a substance in any concentration equal to or exceeding that specified for the substance as identified in the index to the IMDG Code, reference to the Code in section 21 is not necessary. The proposed amendment removes reference to the IMDG Code from the provision.

Dangerous Chemicals and Noxious Liquid Substances Regulations

The Dangerous Chemicals and Noxious Liquid Substances Regulations ensure the safe carriage of noxious liquid substances and dangerous chemicals and provide protection for Canada's marine environment from pollution caused by operational and accidental discharges of noxious liquid substances. They apply to ships engaged in the bulk transport of noxious liquid substances and dangerous chemicals and terminals where transfer operations of these substances are carried out by ships.

The definition "internal waters," which provides that "internal waters" have the same meaning as in section 2 of the Customs Act, is to be repealed because the definition in section 2 of that Act has been repealed.

The definition "BCH Code" is to be replaced to include the 1971 date referred to in section 339.1 of the Canada Shipping Act, which authorizes the making of regulations to implement the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1971). The BCH Code applies to chemical tankers built before July 1, 1986.

The SJC noted an anomaly between the English and French versions of the definition "p.p.m." in the Regulations. The French version refers to a mixture of a noxious liquid substance "and water" while the English version simply refers to a noxious liquid substance mixture. The reference to water in the French version is to be removed.

The definition "waters under Canadian jurisdiction" is to be added because it is proposed to use it in section 47. The SJC had noted that the waters currently referred to in section 47 could include waters outside Canada's jurisdiction.

The portion of section 6 before paragraph (a) is to be replaced to respond to the comment from the SJC that the obligation imposed to keep documents "in addition to the Cargo Record Book mentioned in section 5" is unnecessary and the words should be deleted.

To ensure the safe carriage of dangerous chemicals and reduce the likelihood of accidental discharges, ships must comply with the design, construction, equipment and operational requirements of International Codes. As currently drafted, some ships must comply with those requirements of two Codes. At the suggestion of the SJC, section 8 is redrafted so that a ship must comply with the requirements of one of two Codes and subsections 8(3) and (4) are redrafted to clarify their application.

Subsection 10(8) authorizes the Board of Steamship Inspection to accept plans and specifications that have already been examined by an approved classification society or an agency of a country other than Canada if the plans and specifications meet the requirements of the Regulations. The provision is to be replaced in order to clarify that the purpose of the section is to allow the Board to accept those plans if the classification society or agency applies the same requirements as Canada in its approval process.

Subsection 17(1) is to be replaced to require the reporting of changes that may affect a ship's compliance with the Regulations and subsection 17(3) is redrafted to provide that it applies despite subsection 17(1).

Subsections 21(1) and (3) impose operational requirements of International Codes. As currently drafted, some ships must comply with the requirements of two Codes. At the suggestion of the SJC, section 21 is redrafted so that a ship must comply with the requirements of one of two Codes. The reference to "paragraph 27(1)(c)" in section 23 is to be corrected to read "paragraph 27(2)(c)."

The SJC pointed out that because subsections 31(1) and (2) constitute the whole of Division I of Part IV of the Regulations and there are no substantive provisions in Division I, it is not good drafting practice to have an application provision. Section 31 is therefore to be repealed and the substance of the provision moved to subsection 29(1). At the same time, the wording of the waters is being clarified because no portions of fishing zones 1, 2 or 3 are within shipping safety control zones. As there would be no Division I, references to Division II are also to be eliminated by referring to the appropriate waters in subsection 29(1) and by revising section 32 to describe to which ships sections 33 to 36 apply.

The provisions of Division II relate only to discharges "from a ship." Furthermore, section 20 of the Regulations imposes on the master of a ship the obligation to ensure that a ship complies with Part IV. In light of these facts, the SJC cannot see any purpose to include reference to loading, unloading and reception facilities that are used by those ships. Section 32 is to be amended to delete the reference to those facilities.

In order to clarify the drafting of the sections 33 to 36 the SJC suggested the proposed deletion of all reference to Division II waters from sections 33 to 36 so that they simply authorize the discharge of substances from a ship when in the waters described in section 32. Section 36 provides that one of the conditions for the discharge of a Category D noxious liquid substance is that the concentration of the Category D noxious liquid substance does not exceed 10 percent. The SJC pointed out that one normally does not speak of a substance having a concentration but that a solution may have a certain concentration of some substance. Paragraph 36(c) is redrafted to clarify the meaning.

Paragraph 42(l) is amended to clarify the meaning of "reports readiness." As noted by the SJC, the objective of this provision is that the supervisor of transfer operations for a ship shall ensure that he or she does not commence or request transfer operations until the supervisor for the facility or other ship reports readiness, not to ensure that the other supervisor does anything. Paragraph 43(2)(b) of the French version of the Regulations is amended to be consistent with paragraph 42(l) and with the English version.

Section 47 is redrafted to refer to "waters under Canadian jurisdiction" as discussed under the description of that definition and to be parallel to the wording in section 46 of the Oil Pollution Prevention Regulations.

Section 50 provides that the owner or master can, on request, receive documents required by the Pollution Convention. The SJC pointed out that this is something the owner or master could do without this provision. Section 50 is therefore to be repealed.

Contact

Tom Morris, Manager, Environmental Protection, Marine Safety, Transport Canada, Place de Ville, Ottawa, Ontario K1A 0N5, (613) 991-3170.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 659(1)(see footnote a) of the Canada Shipping Act, that the Governor in Council, pursuant to subsection 338(1)(see footnote b) and sections 339.1(see footnote c), 656(see footnote d), 657(see footnote e) and 658(see footnote f) of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made under the Canada Shipping Act (Miscellaneous Program).

Ship owners, masters, seamen and other interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 90 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tom Morris, Manager, Environmental Protection, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8 (Tel.: (613) 991-3170; fax: (613) 993-8196; e-mail: morrist@ tc.gc.ca).

Ottawa, February 14, 2005

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CANADA SHIPPING ACT (MISCELLANEOUS PROGRAM)

DANGEROUS GOODS SHIPPING REGULATIONS

1. Section 21 of the Dangerous Goods Shipping Regulations(see footnote 1) is replaced by the following:

21. Every marine pollutant is prescribed for the purposes of Part XV of the Act to be a pollutant.

DANGEROUS CHEMICALS AND NOXIOUS LIQUID SUBSTANCES REGULATIONS

2. (1) The definition "internal waters" in section 2 of the Dangerous Chemicals and Noxious Liquid Substances Regulations(see footnote 2) is repealed.

(2) The definition "BCH Code" in section 2 of the Regulations is replaced by the following:

"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; (recueil BCH)

(3) The definition "ppm" in section 2 of the French version of the Regulations is replaced by the following:

« ppm » Parties de substances liquides nocives par million de parties d'un mélange de substances liquides nocives, en volume. (p.p.m.)

(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"waters under Canadian jurisdiction" means

(a) Canadian waters; and

(b) the exclusive economic zone of Canada. (eaux de compétence canadienne)

3. The portion of section 6 of the Regulations before paragraph (a) is replaced by the following:

6. Every ship shall keep on board an English or French version of

4. Section 8 of the Regulations is replaced by the following:

8. (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.

(2) Every ship that is built before July 1, 1986 and registered in Canada before February 16, 1993 shall be equipped and built in accordance with subsections 8.4.1 and 8.4.2 and sections 8.5, 8.6 and 8.9 of the Standards.

(3) Any of the following vessels that are built on or after July 1, 1986, or that are built before that date and registered in Canada on or after February 16, 1993, shall comply with the applicable design, construction, equipment and systems requirements of the IBC Code:

(a) ships that carry a Category A, B or C noxious liquid substance in bulk; and

(b) self-propelled chemical tankers that carry a dangerous chemical in bulk.

(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:

(a) ships that carry a Category A, B or C noxious liquid substance in bulk; and

(b) self-propelled chemical tankers that carry a dangerous chemical in bulk.

5. Subsection 10(8) of the Regulations is replaced by the following:

(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.

6. (1) Subsection 17(1) of the Regulations is replaced by the following:

17. (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) Subsection 17(3) of the Regulations is replaced by the following:

(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.

7. (1) Subsection 21(1) of the Regulations is replaced by the following:

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) Subsection 21(3) of the Regulations is replaced by the following:

(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.

8. Section 23 of the Regulations is replaced by the following:

23. 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.

9. Section 29 of the Regulations is replaced by the following:

29. (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.

(2) Subject to sections 30 and 33 to 36, no noxious liquid substance shall be discharged from a ship in any portion of the territorial sea or of fishing zone 4, 5 or 6 that is not within a shipping safety control zone.

10. Division I of Part IV of the Regulations is repealed.

11. The heading "DIVISION II" of Part IV of the Regulations is repealed.

12. Section 32 of the Regulations is replaced by the following:

32. Sections 33 to 36 apply to

(a) ships in any portion of the territorial sea or of fishing zones 4, 5 or 6 that is not within a shipping safety control zone; and

(b) Canadian ships in waters seaward of the outermost limits of the waters set out in paragraph (a), except waters within a special area.

13. The portion of section 33 of the Regulations before paragraph (a) is replaced by the following:

33. Ballast water introduced into a tank that last contained a Category A noxious liquid substance may be discharged from a ship if

14. The portion of section 34 of the Regulations before paragraph (a) is replaced by the following:

34. A Category B noxious liquid substance may be discharged from a ship if

15. The portion of section 35 of the Regulations before paragraph (a) is replaced by the following:

35. A Category C noxious liquid substance may be discharged from a ship if

16. (1) The portion of section 36 of the Regulations before paragraph (a) is replaced by the following:

36. A Category D noxious liquid substance may be discharged from a ship if

(2) Paragraph 36(c) of the Regulations is replaced by the following:

(c) the concentration of the Category D noxious liquid substance in the discharged solution is not greater than one part of the substance in 10 parts of water; and

17. Paragraph 42(l) of the Regulations is replaced by the following:

(l) the supervisor of the transfer operation at the loading facility or unloading facility or on the other ship, as the case may be, has reported readiness for the commencement of the transfer operation;

18. Paragraph 43(2)(b) of the French version of the Regulations is replaced by the following:

b) le surveillant de l'opération de transbordement à bord du navire a fait savoir que l'opération peut commencer;

19. Section 47 of the Regulations is replaced by the following:

47. Any ship registered in a state that is not a signatory to the Pollution Convention shall comply with these Regulations, in addition to the applicable regulations made under Part V of the Canada Shipping Act, before operating in waters under Canadian jurisdiction.

20. Section 50 of the Regulations is repealed.

COMING INTO FORCE

21. These Regulations come into force on the day on which they are registered.

[8-1-o]

Footnote a

R.S., c. 6 (3rd Supp.), s. 84

Footnote b

S.C. 1998, c. 16, s. 8

Footnote c

S.C. 1994, c. 41, par. 37(1)(y)

Footnote d

S.C. 1999, c. 33, s. 345

Footnote e

S.C. 1993, c. 36, s. 5

Footnote f

R.S., c. 6 (3rd Supp.), s. 84

Footnote 1

SOR/81-951

Footnote 2

SOR/93-4

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