Canada Gazette, Part I, Volume 154, Number 46: Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001

November 14, 2020

Statutory authority
Canada Shipping Act, 2001

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Marine Safety Fees Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to paragraph 35(1)(d), section 190 footnote a and paragraphs 244(f) footnote b, (g) and (h) footnote c of the Canada Shipping Act, 2001 footnote d, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001.

Interested persons may make representations concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Amélie Boutour, Senior Marine Safety Inspector, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (email: amelie.boutour@tc.gc.ca).

Ottawa, November 5, 2020

Julie Adair
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001

Cargo, Fumigation and Tackle Regulations

1 (1) The definition BC Code in subsection 106(1) of the Cargo, Fumigation and Tackle Regulations footnote 1 is repealed.

(2) Subsection 106(1) of the Regulations is amended by adding the following in alphabetical order:

IMSBC Code
means the International Maritime Solid Bulk Cargoes Code, published by the IMO. (Code IMSBC)

2 The Regulations are amended by adding the following after section 115:

115.1 (1) For the purpose of complying with paragraph 115(1)(b) and section 4.3.3 of the IMSBC Code, a shipper shall,

(2) If a shipper modifies the procedures for which a letter of approval has been issued under paragraph (4)(a) or (c), the shipper shall, before implementing the modified procedures, request that the Minister perform an initial verification of these procedures.

(3) On request by a shipper, the Minister shall perform the requested verification.

(4) The Minister shall

3 The Regulations are amended by replacing “BC Code” with “IMSBC Code” in the following provisions:

Administrative Monetary Penalties and Notices (CSA 2001) Regulations

4 Items 108 to 112 of Part 13 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations footnote 2 are replaced by the following:

Item

Column 1

Provision of the Vessel Pollution and Dangerous Chemicals Regulations

Column 2

Range of Penalties ($)

Column 3

Separate Violation for Each Day
108 Subsection 63(1) 1,250 to 25,000 X
109 Subsection 63(3) 1,250 to 25,000 X
110 Subsection 63(5) 1,250 to 25,000 X

Vessel Pollution and Dangerous Chemicals Regulations

5 The portion of section 61 of the Vessel Pollution and Dangerous Chemicals Regulations footnote 3 before paragraph (a) is replaced by the following:

Tank prewash operations

61 The tank prewash operations referred to in sections 63 and 64 must be carried out

6 Section 63 of the Regulations is replaced by the following:

Procedures — Category X

63 (1) A tank from which a Category X noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading unless the vessel has been granted an exemption from a tank prewash operation.

Exemption

(2) On request by the master of a vessel, a marine safety inspector may grant an exemption from a tank prewash operation if the inspector is satisfied that

Transfer of effluent

(3) Subject to subsection (4), the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility that can receive the effluent in an environmentally safe manner until the concentration of the substance in the effluent has fallen to 0.1% by weight, and then by continuing to transfer the remaining effluent to the facility until the tank is empty.

If not feasible

(4) If it is not feasible to measure the concentration of the substance to ensure that it falls within the limit specified in subsection (3) without causing undue delay to the vessel, the tank prewash operation must be carried out by washing the tank and transferring the effluent to a reception facility in accordance with subparagraph 61(b)(i).

Marine safety inspector

(5) The tank prewash operation must be carried out in the presence of a marine safety inspector who endorses the appropriate entries in the vessel’s Cargo Record Book required by subsection 79(1).

7 (1) The portion of subsection 64(2) of the Regulations before paragraph (a) is replaced by the following:

Procedures — Categories Y and Z

(2) A tank from which a Category Y or Z noxious liquid substance has been unloaded must undergo a tank prewash operation before the vessel leaves the port of unloading if

(2) Subsection 64(3) of the Regulations is replaced by the following:

Non-application

(3) Subsection (2) does not apply if

8 The portion of section 65 of the Regulations before paragraph (a) is replaced by the following:

Ventilation procedures

65 A ventilation procedure must not be used to remove cargo residues for the purposes of paragraph 63(2)(c) or 64(3)(c) unless

9 Paragraph 68(a) of the Regulations is replaced by the following:

Transitional Provisions

10 (1) Any document that was issued by the Minister of Transport to a shipper following an initial verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(a) of the Cargo, Fumigation and Tackle Regulations.

(2) Any document that was issued by the Minister of Transport to a shipper following a verification of modifications to the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(a) of the Cargo, Fumigation and Tackle Regulations.

(3) Any document that was endorsed by the Minister of Transport following an intermediate verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval endorsed under paragraph 115.1(4)(b) of the Cargo, Fumigation and Tackle Regulations.

(4) Any document that was issued by the Minister of Transport to a shipper following a renewal verification of the shipper’s procedures for sampling, testing and controlling the moisture content of cargo before the day on which these Regulations come into force is deemed to be a letter of approval issued under paragraph 115.1(4)(c) of the Cargo, Fumigation and Tackle Regulations.

11 Sections 61 and 63, subsections 64(2) and (3), section 65 and paragraph 68(a) of the Vessel Pollution and Dangerous Chemicals Regulations apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas, except when the vessel is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas as defined in section 2 of the Canada Oil and Gas Operations Act, in an area described in paragraph 3(a) or (b) of that Act.

Coming into Force

12 These Regulations come into force on April 1, 2021.