Whereas the Minister of Transport believes that the annexed Interim Order 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 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 27, 2024
Minister of Transport
Pablo Rodriguez
Interpretation
1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Vessel Pollution and Dangerous Chemicals Regulations.
Application
2 (1) This Interim Order applies in respect of Canadian vessels in Arctic waters, as defined in regulation 46.2 of Annex I to MARPOL, and in respect of foreign vessels in waters under Canadian jurisdiction within those Arctic waters.
Non-application
(2) This Interim Order does not apply in respect of the following vessels:
- (a) a vessel dedicated to oil spill preparedness and response;
- (b) a vessel delivered on or after 1 August 2010, as defined in regulation 1.28.9 of Annex I to MARPOL, and that has an aggregate oil fuel capacity of 600 m3 or more;
- (c) a Category A vessel, as defined in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations, that is constructed on or after January 1, 2017 and that has an aggregate oil fuel capacity of less than 600 m3 and oil fuel tanks that are separated from the outer shell of the vessel by a distance of at least 0.76 m; and
- (d) a Category B vessel, as defined in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations, that is constructed on or after January 1, 2017 and that has an aggregate oil fuel capacity of less than 600 m3 and oil fuel tanks that 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 carry on board an oil that is listed in regulation 43.1.2 of Annex I to MARPOL and for its authorized representative to permit such an oil to be carried on board.
Exception – emergencies
(2) Despite subsection (1), oil may be carried on board a vessel if the vessel is engaged in saving lives, securing the safety of another vessel or preventing the immediate loss of another vessel.
Exceptions – cargo and previous voyage
(3) Despite subsection (1), oil may be carried on board a vessel in the following circumstances:
- (a) the vessel is carrying oil as cargo; or
- (b) the vessel is carrying residues because the tanks in the vessel were not cleaned or the piping system in the vessel was not flushed after oil was used as fuel on a previous voyage.
Coming into force
4 This Interim Order comes into force on July 1, 2024, but if it is made after that day, it comes into force on the day on which it is made.