Whereas the Minister of Transport believes that the annexed Interim Order Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian 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 paragraph 35(1)(e)Footnote a, subsection 35.1 (1)Footnote b , paragraph 136(1)(f)Footnote c and subsection 190(1) Footnote d of the Canada Shipping Act, 2001Footnote e ;
Therefore, the Minister of Transport makes the annexed Interim Order Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian Waters under subsection 10.1(1)Footnote f of the Canada Shipping Act, 2001Footnote e.
Ottawa, June 9, 2023
Minister of Transport
Omar Alghabra
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
biochemical oxygen demand has the same meaning as in subsection 97(1) of the Regulations. (demande biochimique en oxygène)
cruise ship means any passenger vessel, other than a ferry vessel, whose passengers are scheduled to be on board for 24 hours or more and that is both
- (a) certified to carry more than 100 persons, as indicated on the safety certificate for passenger vessels issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
- (b) equipped with berths or cabins for overnight travel by passengers. (navire de croisière)
ferry vessel means any vessel, having provision for deck passengers and vehicles, that is operated on a schedule between two points over the most direct water route and that offers a public service of a type normally attributed to a bridge or tunnel. (transbordeur)
greywater has the same meaning as in subsection 131.1(1) of the Regulations. (eaux grises)
ice-shelf has the same meaning as in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations. (plateau de glace)
moderate rate has the same meaning as in subsection 96(5) of the Regulations. (taux modéré)
Regulations means the Vessel Pollution and Dangerous Chemicals Regulations. (Règlement)
suspended solids has the same meaning as in subsection 97(1) of the Regulations. (matières solides en suspension)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Application
Canadian waters
2 (1) Subject to subsection (2), this Interim Order applies to cruise ships that are operating in Canadian waters.
Arctic waters
(2) Subsection 4(2) and sections 5 to 6 of this Interim Order do not apply to cruise ships when they are operating in arctic waters.
Prohibitions
Discharge of sewage
3 (1) A cruise ship and its authorized representative must not discharge sewage if the ship is three nautical miles or less from shore, an ice-shelf or fast ice.
Discharge at more than 3 to 12 nautical miles
(2) A cruise ship and its authorized representative must not discharge sewage if the ship is more than three but not more than 12 nautical miles from shore, an ice-shelf or fast ice unless
- (a) the discharge is passed through a marine sanitation device that meets the requirements of section 90 of the Regulations and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;
- (b) the sewage does not contain any visible solids;
- (c) the discharge does not cause
- (i) a film or sheen to develop on the water,
- (ii) a discoloration of the water or its shorelines, or
- (iii) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines;
- (d) the discharge is made as far as feasible from areas of ice concentration exceeding 1/10; and
- (e) in the case of a discharge made in arctic waters, it is made at a moderate rate while the cruise ship is en route at a speed of at least four knots.
Release of greywater
4 (1) A cruise ship and its authorized representative must not release greywater if the ship is three nautical miles or less from shore, an ice-shelf or fast ice.
Release at more than 3 to 12 nautical miles
(2) A cruise ship and its authorized representative must not release greywater if the ship is more than three but not more than 12 nautical miles from shore unless
- (a) the release is passed through a marine sanitation device that meets the requirements of section 90 of the Regulations and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;
- (b) the release does not result in a deposit of solids in the water or leave a sheen on the water; and
- (c) the release does not cause a discoloration of the water or its shorelines or an emulsion to be deposited beneath the surface of the water or on its shorelines.
Exception
(3) Paragraph (2)(a) applies only to a cruise ship that, on the day this Interim Order takes effect, is equipped with an installation that allows for the treatment of greywater along with sewage using a marine sanitation device.
Exceptions
Geographical limitation
5 Subsections 3(1) and 4(1) do not apply to a cruise ship if
- (a) the distance between any shore is less than six nautical miles;
- (b) the cruise ship is not fitted with a holding tank that has an adequate volume, or holding tanks that have an adequate total volume, for the amount of sewage and greywater that could reasonably be expected to be produced during the ship’s intended voyage;
- (c) in the case of sewage, the requirements in subsection 3(2) are met; and
- (d) in the case of greywater, the requirements in subsection 4(2) are met.
Lack of adequate reception facility
6 Subsections 3(1) and 4(1) do not apply to a cruise ship if there is no onshore reception facility that is available and adequate for the purpose of receiving sewage and greywater in an environmentally safe manner during the ship’s intended voyage and
- (a) in the case of sewage, the requirements in subsection 3(2) are met; and
- (b) in the case of greywater, the requirements in subsection 4(2) are met.
Safety
7 This Interim Order does not apply in respect of a discharge of sewage or release of greywater that
- (a) is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel; or
- (b) occurs as a result of an accident of navigation in which the cruise ship or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers.
Reports
Discharge or release
8 (1) The authorized representative of a cruise ship must report the discharge or anticipated discharge of sewage or the release or anticipated release of greywater from the cruise ship if the discharge or release or anticipated discharge or anticipated release is authorized by section 7.
Report to marine safety inspector
(2) The representative must make the report to a marine safety inspector
- (a) as soon as a discharge or release occurs or is anticipated; or
- (b) as soon as feasible after a discharge or release occurs or is anticipated, if the representative is unable to make the report under paragraph (a) because they are involved in activities relating to
- (i) saving lives,
- (ii) securing the cruise ship’s safety or preventing its immediate loss,
- (iii) preventing or mitigating damage to the ship or its equipment, or
- (iv) preventing or mitigating damage to the environment.
Record book
9 (1) The authorized representative of a cruise ship must ensure that the circumstances of and reasons for any discharge or release made in accordance with subsection 3(2) or 4(2), or authorized by any of sections 5 to 7, or any other accidental discharge or release, is recorded in English or French without delay in a record book.
Entries
(2) The representative must
- (a) ensure that each entry that is recorded is signed by the officer in charge of the discharge or release; and
- (b) sign each page of the record book after the page is completed.
Record-keeping
(3) The cruise ship must keep the record book on board for two years after the day on which the last entry was made.
Official log book
(4) The record book may be part of the cruise ship’s official log book.
Operational Testing
Testing of effluent
10 (1) The authorized representative of a cruise ship that discharges sewage or releases greywater in accordance with subsections 3(2) or 4(2) must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the marine sanitation device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications:
- (a) the fecal coliform count of the samples;
- (b) the total suspended solids content of the samples;
- (c) the biochemical oxygen demand of the samples; and
- (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples.
Exception
(2) Subsection (1) does not apply if the device is fitted with instrumentation that indicates the performance of the device by providing an automatic continuous record while the device is in operation of
- (a) the suspended matter;
- (b) the residual disinfectant content, in the case of disinfection by chlorine; and
- (c) the disinfection efficiency, in the case of disinfection by any other method.
Shipboard Documents
Certificates
11 A cruise ship must hold and keep on board
- (a) an International Sewage Pollution Prevention Certificate in the form set out in the appendix to Annex IV to MARPOL, if the ship
- (i) is a Canadian vessel and does not engage only on voyages in waters under Canadian jurisdiction, or
- (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL;
- (b) a certificate of compliance certifying that the cruise ship meets the applicable requirements of Annex IV to MARPOL, if the cruise ship is entitled to fly the flag of a state that is not a party to that Annex; and
- (c) a certificate of type approval for a marine sanitation device referred to in subsection 93(2) of the Regulations if the cruise ship is fitted with the device in order to meet the requirements of subsections 3(2) or 4(2).
Records
12 Every cruise ship must keep on board for two years after the day on which the last entry was made an English or French version of
- (a) a record of the results of any tests required by subsection 10(1); or
- (b) the records required by subsection 10(2).