Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001: SOR/2021-60

Canada Gazette, Part II, Volume 155, Number 8

Registration
SOR/2021-60 March 29, 2021

CANADA SHIPPING ACT, 2001

P.C. 2021-218 March 26, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources, 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}, makes the annexed Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001.

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

Board of Steamship Inspection Scale of Fees

1 The Board of Steamship Inspection Scale of Fees^{footnote 1} are amended by adding the following after the heading of Part VII:

Non-Application

27.1 Sections 28 to 30 of these Regulations do not apply in respect of any service for which a fee is payable under the Marine Safety Fees Regulations.

Cargo, Fumigation and Tackle Regulations

2 (1) The definition BC Code in subsection 106(1) of the Cargo, Fumigation and Tackle Regulations^{footnote 2} is repealed.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)

3 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,

(a) before implementing their procedures for sampling, testing and controlling the moisture content of cargo, request that the Minister perform an initial verification of these procedures;
(b) before the first anniversary date of the most recent letter of approval issued under paragraph (4)(a), request that the Minister perform an intermediate verification of the procedures for which the letter of approval was issued; and
(c) before the expiry date of the most recent letter of approval issued under paragraph (4)(a) or (c), request that the Minister perform a renewal verification of the procedures for which the letter of approval was issued.

(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

(a) issue a letter of approval to a shipper if, following an initial verification, the Minister is satisfied that the shipper's procedures comply with the applicable provisions of the IMSBC Code;
(b) endorse a letter of approval issued under paragraph (a) if, following an intermediate verification, the Minister is satisfied that the procedures for which the letter of approval was issued are being properly implemented by the shipper; or
(c) issue a letter of approval to a shipper if, following a renewal verification, the Minister is satisfied that the shipper's procedures comply with the applicable provisions of the IMSBC Code in force at the time of the renewal verification and are being properly implemented by the shipper.

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

(a) the portion of subsection 106(3) before paragraph (a);
(b) the heading “Chapter VI of SOLAS and the BC Code” before section 108;
(c) paragraph 108(1)(c);
(d) the heading “Chapters VI and VII of SOLAS and the BC Code” before section 110;
(e) subsection 110(3);
(f) paragraph 110(4)(a);
(g) paragraphs 111(1)(a) and (b);
(h) subsection 112(6);
(i) section 113;
(j) subsection 114(3);
(k) paragraphs 115(1)(b) and (c);
(l) paragraph 115(3)(b);
(m) the heading before section 117;
(n) subsection 117(2);
(o) paragraph 119(3)(b); and
(p) paragraph 120(2)(a).

Administrative Monetary Penalties and Notices (CSA 2001) Regulations

5 Items 108 to 112 of Part 13 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations^{footnote 3} 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

6 The portion of section 61 of the Vessel Pollution and Dangerous Chemicals Regulations^{footnote 4} 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

7 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

(a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;
(b) the unloaded tank will not be washed or ballasted at sea and the vessel's master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or
(c) the cargo residues will be removed from the tank by a ventilation procedure.

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).

8 (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

(a) the unloaded tank will be reloaded with the same substance or another substance compatible with the previous one and will not be washed or ballasted prior to loading;
(b) the unloaded tank will not be washed or ballasted at sea and the vessel's master has given written notice to the Department of Transport Marine Safety Office nearest to the vessel that the tank will undergo a tank prewash operation at another port and that this other port has confirmed in writing that it has a reception facility that is available and adequate for such a purpose; or
(c) the cargo residues will be removed from the tank by a ventilation procedure.

9 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

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

(a) the tank underwent a tank prewash operation in accordance with subsection 63(3);

Transitional Provisions

11 (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.

12 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.