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Interim Order No. 2 Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters

Whereas the Minister of Transport believes that the annexed Interim Order No. 2 Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Interim Order may be contained in a regulation made under paragraphs 35(1)(d)Footnote a and 190(1)(c) of the Canada Shipping Act, 2001Footnote b;

Therefore, the Minister of Transport makes the annexed Interim Order No. 2 Prohibiting the Carrying of Certain Oils on Board Vessels in Arctic Waters under subsection 10.1(1)Footnote c of the Canada Shipping Act, 2001Footnote b.

Ottawa, June 30, 2025

Minister of Transport
Chrystia Freeland

Interpretation

1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Canada Shipping Act, 2001 and the Vessel Pollution and Dangerous Chemicals Regulations.

Application

2 (1) This Interim Order applies in respect of the following vessels in Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL:

  • (a) Canadian vessels;

  • (b) Canadian pleasure craft that are not Canadian vessels;

  • (c) foreign vessels, if the Arctic waters are waters under Canadian jurisdiction; and

  • (d) foreign pleasure craft, if the Arctic waters are waters under Canadian jurisdiction.

Non-application

(2) This Interim Order does not apply in respect of any of the following vessels:

  • (a) a vessel dedicated to oil spill preparedness and response;

  • (b) a ship delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, that has an aggregate oil fuel capacity of 600 m3 or more; or

  • (c) a Category A vessel or Category B vessel, as those terms are defined in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations,

    • (i) that is constructed on or after January 1, 2017,

    • (ii) that has an aggregate oil fuel capacity of less than 600 m3, and

    • (iii) whose oil fuel tanks with a maximum individual capacity of more than 30 m3 are separated from the outer shell of the vessel by a distance of at least 0.76 m.

Prohibition

3 (1) It is prohibited for a vessel to use or carry an oil referred to in regulation 43.1.2 of Annex I to MARPOL or for its authorized representative to permit such an oil to be used or carried.

Exception – emergencies

(2) Despite subsection (1), such an oil may be used or carried on board a vessel if the vessel is engaged in saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel.

Exceptions — cargo and previous use

(3) Despite subsection (1), such an oil may be carried on board a vessel in the following circumstances:

  • (a) the vessel is carrying the oil as cargo; or

  • (b) the vessel’s oil fuel tanks or piping systems contain a residual amount of the oil that the vessel previously used as fuel.

Authorized representative

(4) For the purposes of this section, a reference to the authorized representative of a pleasure craft that is not a Canadian vessel is to be read as a reference to the operator of the pleasure craft.
 

Repeal 

4 This Interim Order is repealed six months after the day on which it comes into force.

Coming into force

5 This Interim Order comes into force on July 1, 2025, but if it is made after that day, it comes into force on the day on which it is made.

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