Tier I - Policy for implementation of the prohibition on the use and carriage for use as fuel of certain oils (HFO) by ships in Canadian arctic waters

On this page

1 Policy objective

1.1 The objective of the Policy is to promote a consistent approach when implementing the International Maritime Organization’s (IMO’s) Prohibition on the use and carriage for use as fuel of heavy fuel oil by ships in Arctic waters (herein the “prohibition of HFO”) in Canadian Arctic waters.

1.2 The Policy also lays out the conditions a Canadian vessel must meet in order to be eligible for a waiver from the compliance timeline of the prohibition on the use and carriage for use as fuel of heavy fuel oil (HFO), laid out below while ensuring the intent and objectives of the regulations are preserved.

1.3 This prohibition is enforceable under the Interim Order No. 3 Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters.

2 Policy statement

2.1 This policy was developed to guide Transport Canada Marine Safety and Security (TCMSS) and the marine industry in the implementation of the prohibition on the use and carriage for use as fuel of heavy fuel oil in Canadian Arctic waters. The International Maritime Organization (IMO) developed Regulation 43A of MARPOL Annex I to prohibit the use and carriage for use as fuel of oils listed in regulation 43.1.2 of MARPOL Annex I, on or after July 1, 2024.

2.2 It also outlines the conditions under which Canadian vessels trading domestically could be granted a waiver to delay compliance with the requirements of the prohibition of HFO after the original compliance date of July 1, 2024.

2.3 The following vessels for which Regulation 12A of MARPOL Annex I or Regulation 1.2.1 of chapter 1 of part II-A of the International Code for Ships Operating in Polar Waters (Polar Code) apply are to comply with the requirements of the prohibition on the use and carriage for use as fuel of HFO as of July 1, 2029.

  • 2.3.1 Canadian vessels which do not meet the requirements of Regulation 12A of MARPOL, Annex I for the sole reason of their date of delivery (prior to August 1, 2010) but meet the regulatory tank design specifications may apply to the Marine Technical Review Board (MTRB) for an temporary exemption.

  • 2.3.2 Requirements under this policy do not apply for tanks 30 m3 or less, provided that the aggregate capacity is not greater than 600 m3.

  • 2.3.3 When prior operations have included the use and carriage of oils listed in regulation 43.1.2 of Annex I as fuel, the cleaning or flushing of tanks or pipelines is not required once the vessel has discharged all remaining fuel and has an empty tank as defined in section 8.4.

2.4 The Minister of Transport may allow temporary waivers from the requirements of the HFO prohibition, for Canadian vessels that are not outlined in Section 2.1 and engage in marine resupply voyages, provided that those voyages constitute at least 75% of annual voyages in Canadian waters subject to a positive Marine Technical Review Board (MTRB) decision.

3 Scope

3.1 All Canadian and foreign vessels, including pleasure crafts operating within Arctic waters as defined in regulation 46.2 of MARPOL Annex I.

3.2 This Policy does not apply to ships engaged in securing the safety of ships, preventing the immediate loss of another vessel, or in search and rescue operations, and ships dedicated to oil spill preparedness and response.

4 Authority

4.1 Canada Shipping Act, 2001 (CSA 2001), s.26.
Section 26 of the CSA 2001 provides the authority to the Minister of Transport (or his delegate) to make decisions via the MTRB on applications for an exemption from, or the replacement of, any requirement under the regulations or an Interim Order in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.

4.2 Interim Order No. 3 Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters
The prohibition on the use and carriage for use as fuel of heavy fuel oil in Canadian Arctic waters is enacted through an Interim Order issued under authority of Section 10.1(1) of the Canada Shipping Act, 2001.

5 Responsibility / Further information

5.1 The Director, Environmental Programs & Protection Standards (AMSK), is accountable for the development, implementation, maintenance, and continuous improvement of the procedure.

For further information, please contact:

Director, AMSK
330 Sparks Street
Ottawa (Ontario) K1A 0N8
Email: AMSKCoordination@tc.gc.ca

6 Related documents

6.1 International Convention for the Prevention of Pollution from Ships (MARPOL), Annex I

6.2 Canada Shipping Act, 2001

6.3 Marine Technical Review Board (MTRB) Process for Granting a Regulatory Exemption or Replacement (TP 13585 E)

7 Background

7.1 In 2021, the International Maritime Organization (IMO) adopted a prohibition on the use and carriage for use as fuel of heavy fuel oil. The prohibition is designed to mitigate the risk to the Arctic from spills of heavy fuel oils, which can have serious negative impacts on the Arctic environment, including being extremely difficult to clean up once spilled.

7.2 While not yet included into the Vessel Pollution and Dangerous Chemicals Regulations, the prohibition of heavy fuel oil will be implemented in Canada via an Interim Order.

7.3 A vessel is compliant with the prohibition of heavy fuel oil if it does not have fuels defined under Regulation 43.1.2 of MARPOL Annex I onboard for the purpose of use or carriage for use as fuel in Arctic waters as defined in regulation 46.2 of MARPOL Annex I.

7.4 Designed as a spill prevention measure, the prohibition of heavy fuel oil recognizes that vessels compliant with Regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code are less likely to have a HFO spill due to the breaching of the hull. These vessels are not required to comply with the HFO prohibition until July 1, 2029.

7.5 In addition, Canadian vessels that provide marine resupply to Arctic communities may receive a waiver from the HFO prohibition until the expiry of the IO, which is December 31, 2026, upon being granted an approved MTRB decision on the issue. Should the IO be subsequently renewed, MTRB extension requests could be submitted.

8 Definitions

8.1 Arctic waters mean those waters as defined in in regulation 46.2 of Annex I to MARPOL, and in respect of foreign vessels in waters under Canadian jurisdiction within those Arctic waters.

8.2 Constructed means a ship the keel of which is laid, or which is at a similar stage of construction.

8.3 Delivered has the same meaning as regulation 1.28.9 of MARPOL Annex I.

8.4 Empty tank means the vessel’s fuel tank which contains marine fuel oil should have no more than:

  • 8.4.1 one inch in depth; or,

  • 8.4.2 no more than 0.3 percent by weight of the total tank capacity; or

  • 8.4.3 until no more substance can be pumped out by vessel's fuel oil system without modification.

8.5 Heavy Fuel Oil (HFO) means any fuel oils that meet the specific characteristics defined in Regulation 43.1.2 of MARPOL Annex I; namely oils, other than crude oils, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s.

8.6 Marine resupply means vessels primarily engaged in community resupply.

9 Date of application

9.1 The Interim Order is in effect as of January 1, 2026.

10 Date for review or expiry

10.1 This Policy must be reviewed within one year of approval of the Policy.

11 Keywords

  • Arctic
  • Heavy fuel oil

Tier I – Policy for implementation of the prohibition on the use and carriage for use as fuel of certain oils (HFO) by ships in Canadian arctic waters (PDF, 200 KB)

 
Date modified: