Arctic Shipping Safety and Pollution Prevention Regulations

Arctic Shipping Safety and Pollution Prevention Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 7(2), 35(1)a, 120(1), 190(1) and 207(2) of the Canada Shipping Act, 2001b and subsections 4(3) and 12(1) of the Arctic Waters Pollution Prevention Actc, makes the annexed Arctic Shipping Safety and Pollution Prevention Regulations. S.C. 2012, c. 31, s. 159 S.C. 2001, c. 26 R.S., c. A-12 Definitions The following definitions apply in these Regulations. constructed, in relation to a vessel, means that the vessel conforms to regulation 1.5 of Chapter XIV of SOLAS. (construit) IMO means the International Maritime Organization. (OMI) MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the Convention. (MARPOL) Minister means the Minister of Transport. (ministre) Polar Code means the International Code for Ships Operating in Polar Waters set out in IMO Resolutions MSC.385(94) and MEPC.264(68). (Recueil sur la navigation polaire) polar waters has the same meaning as in regulation 1.4 of Chapter XIV of SOLAS. (eaux polaires) SOLAS means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS) shipping safety control zone has the same meaning as in the Shipping Safety Control Zones Order. (zone de contrôle de la sécurité de la navigation) Incorporated documents – as amended from time to time Except as otherwise provided, any reference in these Regulations to a document is a reference to the document as amended from time to time. Recommendations For the purpose of interpreting a document incorporated by reference into these Regulations, “should” is to be read as “must” and recommendations are mandatory. Authorized representative — pleasure craft Any reference in these Regulations to the authorized representative of a vessel, means, in the case of a pleasure craft, the operator of the craft. Certified vessel Any reference in these Regulations to a certified vessel is to be read as a reference to if the vessel is a Canadian vessel, a vessel certified under the Canada Shipping Act, 2001; and if the vessel is a foreign vessel, a vessel certified by or on behalf of the government of the state whose flag the vessel is entitled to fly. Non-application These Regulations do not apply to government vessels and vessels owned or operated by a foreign state when they are being used only in government non-commercial services. Authorized representative The authorized representative of a vessel must ensure that the requirements of these Regulations are met in respect of the vessel. Master The master of a vessel must ensure that the operational requirements of these Regulations are met in respect of the vessel. The following definitions apply in this Part. AIRSS means TP 12259 Arctic Ice Regime Shipping System (AIRSS) Standard, published by the Department of Transport. (SRGNA) Arctic Class means a class attributed to a vessel under the Arctic Shipping Pollution Prevention Regulations regime, which indicates that the vessel met the requirements of those regulations. (cote arctique) Canadian Arctic Class means a class attributed to a vessel under the Canada Shipping Act regime, which indicates that the vessel met the requirements of the applicable standards of TP 12260 Equivalent Standards for the Construction of Arctic Class Ships, published by the Department of Transport, on December 1, 1995. (classe arctique canadienne) cargo vessel means a vessel that is not a passenger vessel. (bâtiment de charge) dangerous goods means the substances, materials and articles referred to in the International Maritime Dangerous Goods Code, published by the IMO. (marchandises dangereuses) fishing vessel has the same meaning as in subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche) international Arctic waters has the same meaning as Arctic waters in regulation 1.3 of Chapter XIV of SOLAS. (eaux arctiques international) passenger vessel means a vessel that carries more than 12 passengers. (bâtiment à passagers) Polar Class means a class that is attributed to a vessel by a classification society based on the Unified Requirements UR I established by the International Association of Classification Societies. (classe polaire) Polar Service Temperature has the same meaning as in paragraph 1.2.11 of Part 1-A of the Polar Code. (température de service pour la navigation polaire) Polar Waters Operational Manual means the manual referred to in Chapter 2 of Part I-A of the Polar Code. (Manuel d’exploitation dans les eaux polaires) POLARIS means the Polar Operational Limit Assessment Risk Indexing System, as set out in the Appendix to the IMO Circular MSC.1/Circ.1519. (POLARIS) pollutant has the same meaning as in section 185 of the Canada Shipping Act, 2001. (polluant) recognized organization means an organization with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Canada Shipping Act, 2001. (organisation reconnue) Type in relation to a vessel, means a type set out in column 1 of Schedule 2 corresponding to the classification given by an organization set out in columns 2 to 13 of that schedule to indicate that the vessel complies with the construction standards required by the organization. (type) vessel intended to operate in low air temperature has the same meaning as in paragraph 1.2.12 of Part I-A of the Polar Code. (bâtiment prévu pour être exploité à des températures de l’air basses) Chapter XIV of SOLAS Subject to subsection (2), the following Canadian vessels in polar waters and foreign vessels in a shipping safety control zone must conform to the requirements of Chapter XIV of SOLAS: cargo vessels of 500 gross tonnage or more that are certified as meeting the requirements of Chapter I of SOLAS; passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS; or vessels of 500 gross tonnage or more other than a vessel referred to in paragraphs (a) and (b). Exceptions Subsection (1) does not apply to fishing vessels, pleasure craft and vessels that do not have a mechanical means of propulsion. Scope of application Except as otherwise provided, the following Canadian vessels and foreign vessels navigating in a shipping safety control zone must conform to sections 8 to 10: vessels of 300 gross tonnage or more; vessels carrying pollutants or dangerous goods, or vessels towing or pushing a vessel that is carrying pollutants or dangerous goods; vessels towing or pushing another vessel, if the combined weight of the vessels is 500 gross tonnage or more; or passenger vessels that are certified as meeting the requirements of Chapter I of SOLAS. Navigation periods Subject to subsections (2) to (4), a vessel of an Arctic Class, Canadian Arctic Class, or Type set out in column 1 of an item in Schedule 1 may only navigate in a shipping safety control zone set out in columns 2 to 17 of that item during the applicable period. Exception Subject to section 9, a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1), if for vessels constructed before January 1, 2017, other than Polar Class vessels, the ice numeral for the ice regime in which it will navigate, as determined in accordance with AIRSS, is greater than or equal to zero; the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates normal operation in the ice regime; or for vessels in a Polar Class 3 to 7, when the risk index outcome for the ice regime in which it will navigate, as determined in accordance with POLARIS, indicates an elevated operational risk, the Polar Waters Operations Manual has operational measures to mitigate the risk and the vessel conforms to these measures. Emergency Despite subsections (1) and (2), a vessel may navigate in a shipping safety control zone outside the period referred to in subsection (1) for the purposes of saving a life or preventing the loss of a ship. Ice strengthening If a vessel is not of an Arctic Class, Canadian Arctic Class or Type set out under column 1 of Schedule 1, or under AIRSS or POLARIS, the Minister may allow the vessel to navigate under subsection (1) or (2) by issuing an equivalency, if the Minister is satisfied that the vessel has ice strengthening that provides a level of safety at least equivalent to the level for that class or type. Message Subject to subsection (3), no vessel may enter a shipping safety control zone in the conditions set out in subsection 8(2), unless the master of the vessel sends a message to the Minister, in the manner determined by the Minister, containing the following information: the call letters and type of vessel and the name of any escorting vessel, the name and certification information of the master, and the certification information of any persons referred to in paragraph 12.3.2 of Part I-A of the Polar Code and the person referred to in section 10, if applicable, a description of the proposed route through the zone, a description of each ice regime anticipated on the proposed route, and the ice numeral or the risk index outcome for the regime, and the final destination of the vessel; and has received an acknowledgement of the message from the Minister. Change If the information referred to in subparagraph (1)(a)(iii) or (iv) changes significantly on the route, the master of the vessel must send a new message to the Minister, in the manner determined by the Minister. Adjacent zones If the route of the vessel involves navigation in more than one shipping safety control zone and these zones are adjacent, the master of the vessel is only required to comply with subsection (1) before entering the first zone. Emergency exception If a vessel enters a shipping safety control zone for the purpose of saving a life or preventing the loss of a ship, the master of the vessel is not required to conform to subsection (1), however, the master must advise the Minister of the vessel’s entry into the zone. Ice navigator Vessels, other than a cargo vessel of 500 gross tonnage or more or a passenger vessel that are certified as meeting the requirements of Chapter I of SOLAS, that navigate in a shipping safety control zone set out in columns 2 to 17 of Schedule 1 during a period other than those set out in item 14 of that schedule must have an ice navigator on board. Requirements The ice navigator on a vessel must have all of the qualifications under the Canada Shipping Act, 2001 to act as a master or a person in charge of the deck watch; and either: have served on a vessel in the capacity of master or person in charge of the deck watch for at least 50 days, of which 30 days must have been served in international Arctic waters while the vessel was in ice conditions that required the vessel to be assisted by an ice-breaker or that required manoeuvres to avoid concentrations of ice that might have endangered the vessel, or hold a certificate in advanced training for ships operating in polar waters in accordance with regulation V/4 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. Any Canadian vessel referred to in paragraphs 6(1)(a) to (c) that was constructed on or after January 1, 2017, and is intended to operate in low air temperature must meet the following requirements if it navigates in polar waters: be assigned, by a recognized organization, a cold temperature service or winterization notation that is compatible with its Polar Service Temperature; have on board inflatable life rafts and marine evacuation systems that are designed to operate at the vessel Polar Service Temperature, or that are protected from cold weather or fitted with means to prevent the temperature from dropping below -30oC; and have engines, cooling systems, fuel systems, and starting systems of lifeboats, rescue boats, fast rescue boats that are tested as prescribed in paragraphs 6.10.2 to 6.10.4 of Part 1 of the Annex to IMO Resolution MSC.81(70), to start at the vessel Polar Service Temperature, or protected from the cold weather, or fitted with means to prevent their temperature from dropping below -15oC. arctic waters has the same meaning as in section 2 of the Arctic Waters Pollution Prevention Act. (eaux arctiques) cargo residues has the same meaning as in regulation 1.2 of Annex V to MARPOL. (résidus de cargaison) Category A vessel means a vessel designed for operation in polar waters in at least medium first-year ice, that may include old ice inclusions. (bâtiment de catégorie A) Category B vessel means a vessel not included in Category A that is designed for operation in polar waters in at least thin first-year ice, which may include old ice inclusions. (bâtiment de catégorie B) en route has the same meaning as in regulation 1.5 of Annex V to MARPOL. (faire route) fast ice has the same meaning as in paragraph 4.1.3 of Part II-A of the Polar Code. (banquise côtière) food waste has the same meaning as in regulation 1.8 of Annex V to MARPOL. (déchets alimentaires) from the nearest land has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (à partir de la terre la plus proche) garbage has the same meaning as in regulation 1.9 of Annex V to MARPOL. (ordures) IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO. (Recueil IBC) ice-shelf has the same meaning as in paragraph 4.1.2 of Part II-A of the Polar Code. (plateau de glace) marine sanitation device has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (appareil d’épuration marine) noxious liquid substance has the same meaning as in regulation 1.10 of Annex II to MARPOL. (substance liquide nocive) sewage has the same meaning as in regulation 1.3 of Annex IV to MARPOL. (eaux usées) waters under Canadian jurisdiction has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations. (eaux de compétence canadienne) Application Except as otherwise provided, this Part applies in respect of Canadian vessels navigating in polar waters and foreign vessels navigating in a shipping safety control zone. Conditions For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, waste may be deposited if the deposit is necessary for the purpose of saving a life, securing the safety of a vessel or preventing the immediate loss of a vessel; the deposit occurs as a result of an accident of navigation in which a vessel or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers; in the case of oil, the deposit is a minimal and unavoidable leakage that occurs as a result of the operation of an underwater machinery component; in the case of fishing gear, the deposit is an accidental loss and all reasonable precautions were taken to prevent such a loss; in the case of fishing gear, the deposit is for the protection of the marine environment or for the safety of that vessel or its crew; or in the case of garbage, the deposit is the result of damage to a vessel or its equipment, when all reasonable precautions were taken before the occurrence to prevent and minimize the deposit, and after the occurrence to minimize it. Operations in polar waters Operations in polar waters must be taken into account in the Oil Records Books, the manuals, the shipboard oil pollution emergency plan, and the shipboard marine pollution emergency plan when they are required to be carried by a vessel under the Vessel Pollution and Dangerous Chemicals Regulations. Oil fuel tank Oil fuel tanks on Category A and B vessels that were constructed on or after January 1, 2017 and have an aggregate oil fuel capacity of less than 600 m3, other than oil fuel tanks with a maximum individual capacity of 30 m3 or less, must be separated from the outer shell of the vessel by a distance of at least 0.76 m. Cargo tank — vessels other than oil tankers Cargo tanks used to carry oil on Category A and B vessels constructed on or after January 1, 2017, other than oil tankers, must be separated from the outer shell of the vessel by a distance of at least 0.76 m. Cargo tank — oil tankers Subject to subsection (4), cargo tanks on Category A and B oil tankers constructed on or after January 1, 2017, that are of less than 5 000 metric tonnes deadweight, must be protected the length of the tank with double bottom tanks or double bottom spaces in accordance with the applicable requirements of regulation 19.6.1 of Annex I to MARPOL; and wing tanks or wing spaces arranged in accordance with the applicable requirements of regulation 19.3.1 of Annex I to MARPOL and complying with the applicable distance requirements in accordance with regulation 19.6.2 of Annex I to MARPOL. An oil tanker that is a Canadian vessel of less than 5 000 metric tonnes deadweight that does not have mechanical means of propulsion and engages only on voyages in waters under Canadian jurisdiction within 40 nautical miles from the nearest land is not required to comply with paragraph (3)(a) if the height of its double bottom is, in no location, less than the width calculated for its wing tanks in accordance with the formula in regulation 19.6.2 of Annex I to MARPOL. Oil residue tanks and oily bilge water holding tanks Oil residue tanks and oily bilge water holding tanks on Category A and B vessels constructed on or after January 1, 2017, other than oil fuel tanks with a maximum individual capacity of 30 m3 or less, must be separated from the outer shell of the vessel by a distance of at least 0.76 m. Subsections (1) to (3) and (5) do not apply to vessels referred to in paragraph 46(2)(b) of the Vessel Pollution and Dangerous Chemicals Regulations. Operations in polar waters must be taken into account in the Cargo Record Book, the procedures and arrangements manual, the shipboard marine pollution emergency plan for noxious liquid substances and the shipboard marine pollution emergency plan, when they are required to be carried by the Vessel Pollution and Dangerous Chemicals Regulations. Prohibition It is prohibited to carry the following noxious liquid substances in a cargo tank on a Category A or B vessel that is constructed on or after January 1, 2017, unless the cargo tank is separated from the outer shell of the vessel by a distance of at least 0.76 m: a substance listed in the table to Chapter 17 of the IBC Code, if the vessel specified in column “e” of the table is of type 3; and a substance listed in Chapter 18 of the IBC Code. Prohibition to discharge — sewage A Canadian vessel of a gross tonnage of 400 or more or a Canadian vessel that is certified to carry more than 15 persons — or a person on board such a vessel — must not discharge sewage in polar waters other than arctic waters, unless the discharge is made in accordance with the conditions set out in subsections 20(1) to (3) or in the applicable circumstances set out in section 14. Deposit of sewage For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, subject to subsections (2) and (3) of this section, a vessel of a gross tonnage of 400 or more or a vessel that is certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if, when the sewage is comminuted and disinfected, the deposit is made in accordance with regulation 11.1.1 of Annex IV to MARPOL and the vessel is located at a distance of at least three nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10; when the sewage is not comminuted or disinfected, the deposit is made in accordance with regulation 11.1.1 of Annex IV to MARPOL and the vessel is located at a distance of at least 12 nautical miles from an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or when the vessel operates a sewage treatment plant of an approved type, the deposit is made in accordance with regulation 11.1.2 of Annex IV to MARPOL and the vessel is as far as practicable from the nearest land, ice-shelf, fast ice or areas of ice concentration exceeding 1/10. Paragraphs (1)(a) and (b) do not apply to Category A and B vessels constructed on or after January 1, 2017, and all passenger vessels constructed on or after January 1, 2017. If a Category A or B vessel is operating in an area of ice conditions exceeding 1/10 for an extended period of time, the vessel — or a person on board such a vessel — may deposit sewage that has been treated using a sewage treatment plant of an approved type. Approval For the purposes of this section, a sewage treatment plant is of an approved type if the type is approved in the case of a Canadian vessel, by the Minister as meeting the recommendations and guidelines referred to in regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL; in the case of a foreign vessel, by the competent authority as meeting the recommendations and guidelines referred to in regulation 9.1.1 or 9.2.1 of Annex IV to MARPOL. For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, a vessel of a gross tonnage of more than 15 and less than 400 and that is not certified to carry more than 15 persons — or a person on board such a vessel — may deposit sewage if the sewage is comminuted and disinfected using an marine sanitation device that meets the requirements of section 90 of the Vessel Pollution and Dangerous Chemicals Regulations and the deposit is made at a distance of at least one nautical mile from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentrations exceeding 1/10; the deposit is made while the vessel is en route at the fastest feasible speed, at a distance of at least three nautical miles from shore, an ice-shelf or fast ice, and is as far as practicable from areas of ice concentration exceeding 1/10; or the requirements of paragraph (b) cannot be met because the distance between any shore, ice-shelf or fast ice is less than six nautical miles, and the deposit is made while the vessel is en route at a speed of at least four knots, or if the deposit is not feasible at this speed, the deposit is made during an ebb tide, while the vessel is en route, at the fastest feasible speed into the deepest waters that are located the farthest from shore, or while the vessel is en route at the fastest feasible speed and into the deepest and fastest moving waters that are located the farthest from shore. Sewage generated on board For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, a vessel of 15 gross tonnage or less that is carrying not more than 15 persons — or a person on board such a vessel — may deposit sewage generated on board the vessel. Operations in polar waters must be taken into account in the Garbage Record Book, the garbage management plan, and the placards as required by the Vessel Pollution and Dangerous Chemicals Regulations. Prohibition to discharge — food waste Subject to subsections (2) and (3), a Canadian vessel — or a person on board such a vessel — must not discharge food waste in polar waters other than arctic waters, unless the discharge is done in accordance with the conditions set out in paragraphs 25(1)(a) to (c) or in the applicable circumstances set out in section 14. Imminent health risk Subsection (1) does not apply if retention of the food waste on board the vessel would present an imminent health risk to the people on board the vessel. Discharge on ice Subsection (1) must not be read as allowing the discharge of food waste on ice. Deposit of food waste For the purposes of subsection 4(1) of the Arctic Waters Pollution Prevention Act, subject to subsections (2) and (3) of this section, a vessel – or a person on board a vessel — may deposit food waste, while en route, if the vessel is as far as practicable from the areas of ice concentration exceeding 1/10, and is at least 12 nautical miles from the nearest land, ice-shelf or fast ice; the food waste is comminuted or ground so that it can pass through a screen with openings no greater than 25 mm; and the food waste is not contaminated with any other garbage type. Subsection (1) does not apply if retention of the waste on board the vessel would present an imminent health risk to the people on board the vessel. Deposit on ice Subsection (1) must not be read as allowing the deposit of food waste on ice. Prohibition to discharge — cargo residues A Canadian vessel — or a person on board such a vessel — must not discharge cargo residues in polar waters other than arctic waters, unless the discharge is made in accordance with the conditions set out in paragraph 5.2.1.5 of Part II-A of the Polar Code or in the applicable circumstances set out in section 14. [Amendment] [Amendments] The Arctic Shipping Pollution Prevention Regulations4 are repealed. C.R.C., c. 353 These Regulations come into force on the day on which they are registered. Note: Type E includes the identified ice class and any class below it, as well as vessels without an assigned class of ice strengthening.