MASTER’S GUIDE

TO
COMPLIANCE IN
CANADA
24-Hour Emergency Assistance
+1 281 606 4818

2022

!!! NOTICE !!!

This is a practical guide for Masters to assist in compliance with Canadian laws and
regulations. It is not an “official” document and is not required for compliance. It is intended
to provide useful direction for Masters. It does not replace any document required by law or
regulation. It does not replace direction provided by the ship’s owner/manager/operator.
This guide may be modified as required to be in harmony with policies of the
owner/manager/operator. Questions about this guide should be directed to Witt O’Brien’s at
[email protected]

Revision 0 January 2022

 Master’s Guide to Compliance In Canada 2022 Revision 0

TABLE OF CONTENTS

INTRODUCTION .................................................................................................................... 3
EMERGENCY RESPONSE .................................................................................................... 3
COMMUNICATION WITH WITT O’BRIEN’S .......................................................................... 4
CANADIAN COVERAGE ....................................................................................................... 5
COMPLIANCE ....................................................................................................................... 5
ON BOARD DRILLS & EXERCISES ..................................................................................... 5
NOTICE OF ARRIVAL ........................................................................................................... 6
INNOCENT PASSAGE: US REQUIREMENTS ....................................................................... 8
NORTH AMERICAN EMISSION CONTROL AREA ................................................................. 9
BALLAST WATER MANAGEMENT AND REPORTING ........................................................ 10
IMO’S INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS.................. 12
NORTH ATLANTIC RIGHT WHALE AND SOUTHERN RESIDENT KILLER WHALE SPEED
RESTRICTIONS .................................................................................................................. 13
ASIAN GYPSY MOTH REQUIREMENTS ............................................................................. 13
VOLUNTARY PROTECTION ZONE – WEST COAST HAIDA GWAII ................................... 14
JOINT INDUSTRY GOVERNMENT GUIDELINES ................................................................. 14
CBSA GUIDELINES: MARINE CARRIER CODE ................................................................ 14
REQUIRED PUBLICATIONS ................................................................................................ 15
A LOOK AHEAD ................................................................................................................ 15
SUGGESTIONS / COMMENTS / CLARIFICATIONS.............................................................. 15

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 2

 Master’s Guide to Compliance In Canada 2022 Revision 0

INTRODUCTION
The Master of any vessel making a call to Canada faces several regulatory issues that are specific to Canada.
This guide is intended to help the Master effectively and efficiently face these issues. Witt O’Brien’s is providing
this guide to help ensure your compliance. Use of the directions in the guide will allow Witt O’Brien’s to better
serve you.

Information designed to save you time and effort is present in orange italics.

EMERGENCY RESPONSE

Canada has provided guidelines for reporting discharges of oil or threats of discharge.
NOTIFICATION The intent of these guidelines is to enable the proper authorities to be informed without
delay when:
Any incident occurs involving the loss, or likely loss, overboard of packaged dangerous goods in
1
the sea.
Any incident occurs giving rise to pollution, or threat of pollution, to the marine environment, as well
2
as of assistance and salvage measures.
Any oil pollution incident occurs involving the loading or unloading of oil to or from a ship at an oil
3
handling facility.
In the event of a spill, the closest regional Canadian Coast Guard station should be called:
Newfoundland + 1 800 563 9089
Maritimes + 1 800 565 1633
Quebec + 1 800 363 4735 OR
Central and Arctic + 1 800 265 0237
Pacific + 1 800 889 8852

If telephone communications are not available, the report should be routed through the Canadian Coast
Guard Marine Communications and Traffic Services on appropriate frequencies (in the bands 405-525 kHz,
1605-2850 kHz or 156-174 MHz).
MASTER’S ACTIONS Upon discovery of one of the above situations you should proceed as follows:
1 See to the immediate safety of the crew and vessel.
Make an initial assessment of the situation.
2 Do NOT delay notification while trying to determine cause, fault or blame. This will be determined
by a later investigation.
3 Notify the Canadian Coast Guard.
Call Witt O’Brien’s at: +1 281 606 4818

Witt O’Brien’s can function as the Incident Management Team. Witt O’Brien’s should be listed as
4
an “Authorized Person” to activate the certified response organization in “Declaration for a Ship
that is in Waters South of the Sixtieth Parallel of North Latitude.” This document is also called
the “Canada Declaration.”
Contact the owner/operator (manager). Keep the initial communication brief as Witt O’Brien’s will
5
be trying to contact you again in 10 -15 minutes.
Wait for a return call from Witt O’Brien’s. After you have received the return call from Witt O’Brien’s
6
you will have more time and more information to communicate with others.
When the Canadian Coast Guard and/or other authorities arrive inform them that you have notified
7
Witt O’Brien’s and that Witt O’Brien’s is acting in accordance with the Canada Declaration.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 3

 Master’s Guide to Compliance In Canada 2022 Revision 0

COMMUNICATING It is imperative that when you call the AP whether to report an actual incident or
WITH THE AP conduct an exercise that you do all the following:
Speak slowly with clear diction and pronunciation
1
Be prepared to use the phonetic alphabet if necessary
2 State the reason your calling (i.e., real incident, exercise type repeated 3 times, or other, etc.)
3 Repeat back your understanding of what was communicated, the AP will do the same.

WHAT THE AP In order to provide the help you need, Witt O’Brien’s as the Authorized Person (AP)
NEEDS TO KNOW will ask you for some important information. This includes:
1 Your Name (Vessel Master)
2 Telephone number, fax, email or other means of communication
3 Vessel Name and IMO Number
4 Vessel Owner/Operator
5 Type of Incident
6 Time and date of incident
7 Exact location (latitude/longitude if anchored or underway; port, slip and berth if in port)
Type of oil spilled (try to be as specific but knowing if it is clear or black is enough for the QI to get
8
started).
Estimated Quantity (We know this is difficult and are looking for your best estimate. It is important for
9 us to know if this is a “very small” spill, a “very large” spill, or something in between).
Is the source controlled / secured? Yes No
10 Brief description of the situation (any other information or concerns you may have)
11 Death / Injuries to the crew
12 Damage (extent to the vessel, facility, pier, other vessels, etc.)
13 Confirm P&I Club membership
14 Local Agents and their phone number

COMMUNICATION WITH WITT O’BRIEN’S

Emergency calls should go to our Command Center
TELEPHONE at our 24-hour number:
+1 281 606 4818
All other calls should be directed to the Witt O’Brien’s Vessel Services Office: +1 281 606 4854
Our normal office hours are 0800 – 1700 US Central Time (Monday – Friday).
After hours, all calls are automatically forwarded to our Command Center where you will get assistance.
Witt O’Brien’s has established a list of email addresses to ensure effective and efficient
assistance to you. Each address has a specific purpose. Use of the proper address will
ensure a quick response from Witt O’Brien’s. If possible, do NOT mix several requests of
EMAIL different types in the same email or send your request to multiple addresses as this may
delay proper action on your request.

Please use the primary email addresses below when communicating with Witt O’Brien’s.
Requests for assistance in arranging Canadian
[email protected]
coverage.
Follow up correspondence relating to an oil spill
[email protected] incident or other emergencies and exercises.

Do not use this address for routine communications.

For all regulatory compliance related questions or
[email protected]
concerns
Requests to schedule vessel attendance
[email protected] (company approval required).

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 4

 Master’s Guide to Compliance In Canada 2022 Revision 0

CANADIAN COVERAGE

CERTIFIED All vessels trading within territorial waters of Canada under the Canadian Shipping Act
must have a contract with a Certified Response Organization. This contract is called a
RESPONSE Multi GAR (Geographic Area of Response) contract encompassing several Certified
ORGANIZATION Response Organizations that provide the actual cleanup services.
Western Canada Marine Response Corporation (WCMRC)
Phone: +1 604 681 2351
24-Hour Emergency Phone: +1 604 294 9116
Fax: +1 604 681 4364
Emails: [email protected], [email protected]
Websites:
1 • http://wcmrc.com/
• https://shippingmatters.ca/services/spill-responses/vessel-
registration-status/

Vessels trading to the west coast of Canada must have a contract with the WCMRC. This coverage is
arranged through Chamber of Shipping of British Columbia (COSBC).
Eastern Canada Response Corporation (ECRC)
Phone (24 hour): +1 613 930 9690
Fax: +1 613 230 7344
Email: [email protected]
Website: https://www.ecrc-simec.ca/en/
2 Vessels trading to the east coast, St. Lawrence Seaway and Great Lakes of Canada must have a
contract with the ECRC.

Please note, contract renewals are sent out two (2) months before the expiration date of the current
contract. If you intend to continue operating in Canada, please send Witt O’Brien’s the signed contract
or send it directly to ECRC to ensure you receive a countersigned renewal before arriving in Canada.
For assistance in arranging Canadian Coverage please contact us at: [email protected]

COMPLIANCE

REQUIRED The following documents are required in Canada in addition to the normal international
DOCUMENTS documents:
Certified Response Organization (CRO) Contract
1
Maintain first page of the contract and contract number on board the vessel.
Canada Declaration
(Declaration for a Ship that is in Waters South of the Sixtieth Parallel of North Latitude)
2 The Canada Declaration is to be completed by the Master and kept on board. It is not necessary
to send a copy of the Canada Declaration to any agency or organization. It should be readily
available to the Master in the event of an incident.
Contact us for a copy of the Canada Declaration: [email protected]

ON BOARD DRILLS & EXERCISES

No special drills or additional exercises are required by Canada at this time.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 5

 Master’s Guide to Compliance In Canada 2022 Revision 0

NOTICE OF ARRIVAL
Under the Canadian Marine Transportation Security Regulations (MTSR) all vessels that
meet the following criteria must request clearance 96 hours prior to entering Canadian
SECURITY
waters from seaward, or as soon as practical where the estimated time of arrival of the
NOTIFICATION ship in Canadian waters is less than 96 hours after the time the ship departed its last port
of call.
1 100 GT or more other than a towing vessel.
2 Carrying more than 12 passengers for hire.
Transport Canada will deny entry of any vessel which fails to provide the required security information as
specified in the PAIR, pursuant to the MTSR, and under the authority of Marine Transportation Security Act
(MTSA).

The following is required to be reported for the Pre-Arrival Information Report (PAIR) at least 96
PAIR hours prior to entering Canadian waters:
A Vessel Name
B Country of Registry
C Registered Owner
D Operator Name
E Name of Classification Society
F International Radio Call Sign
International Ship Security Certificate (ISSC) Number / Canadian Vessel Security Certificate
G
Number or Ship Security Document Number
H In reference to G: 1) Date of Issuance 2) Date of Expiry 3) Name of Issuing Authority
I Vessel’s IMO Number, if a SOLAS vessel
J Confirmation that the vessel has an approved Vessel Security Plan (VSP)
K Current MARSEC Level
L List of last 10 Declarations of Security (DOS) with a statement of when they were completed
M Details of any security threats to the vessel during the last ten calls at marine facilities
N A statement as to whether the vessel consents to tracking by the Canadian Government
Details of any deficiencies in Security Equipment and Systems including communications and
O
how the Master intends to rectify them
P If applicable 1) Name of agent 2) 24-hour telephone and fax number of agent
Q If applicable, the name of the Charterer
R Vessel’s position and time at which it reached that position
S Vessel’s course and speed
T Vessel’s destination and ETA
Name of a contact person (Port Facility Security Officer) at the Marine Facility the vessel will visit
U
and their 24-hour telephone and fax numbers
The following information for each of the last 10 marine facilities visited:
1) Receiving facility – Company dealt with
2) Marine facility visited – Pier at which you berthed
3) The city and country
V
4) Date of arrival
5) Date of departure
6) Time of arrival
7) Time of departure
W General description of the cargo including cargo amounts
X If applicable, the presence and description of any dangerous substances or devices on board

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 6

 Master’s Guide to Compliance In Canada 2022 Revision 0

Pre-Arrival Information must be sent to the appropriate address below based on the vessel’s routing.
Vessels planning to transit through Canadian territorial waters or enter Canadian waters
inbound to a Canadian port on the West Coast shall send pre-arrival information to the
WESTERN
Canadian Coast Guard Regional Marine Information Centre (RMIC) via one of the following
methods listed below:
• E-mail: [email protected]
• INMARSAT: telex 04352586 "CGTC VAS VCR"
• Any Canadian Coast Guard MCTS Centre, free of charge; or
• Directly to CVTS Offshore by Fax: +1 604 666 8453

Vessels planning to transit through Canadian territorial waters or enter Canadian waters
EASTERN inbound to a Canadian port on the East Coast, including a Canadian or American port in the
Great Lakes, shall send pre-arrival information to ECAREG Canada as follows:

Halifax MCTS Centre

• Telex - 019-22510
• Facsimile – 902-426-4483
• Telegraphic Identifier - CCG MRHQ DRT
• Email: [email protected]
Vessels planning to transit through Canadian territorial waters or enter Canadian waters
ARTIC ZONE inbound to a Canadian port within the Canadian Arctic Zone shall send pre-arrival information
to NORDREG Canada via one of the following methods listed below:
Iqaluit MCTS Centre
• Facsimile – 867-979-4264
• Telex (Telefax) 063-15529
• Telegraphic Identifier - NORDREG CDA
• Email: [email protected]

Operational from approximately mid-June to late November.

Prescott MCTS Centre
• Facsimile – 613-925-4471
• Telex (Telefax) 063-15529
• Telegraphic Identifier – NORDREG CDA
• Email: [email protected]

Operational from approximately late November to mid-June.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 7

 Master’s Guide to Compliance In Canada 2022 Revision 0

An arrival report is also to be addressed to ECAREG in Eastern Canada, and to

ARRIVAL VTS OFFSHORE in Western Canada.
NOTIFICATION When calling Canadian waters, please note that the following information is
requested when contacting the Canadian Vessel Traffic Services:
1 Name of the ship
2 Radio call sign of the ship
3 Name of the Master of the ship
4 Position of the ship
5 Time of arrival of the ship at the position
6 Course of the ship, if any
7 Speed of the ship, if any
8 Prevailing weather conditions
9 Estimated time that the ship will enter the Vessel Traffic Services Zone
10 Name of the Vessel Traffic Services Zone the ship intends to enter
11 Destination of the ship
12 Estimated time of arrival of the ship at the destination
13 Intended route of the ship
14 Name of the last port of call of the ship
15 Draft of the ship
Dangerous goods listed by class or any pollutants carried on board the ship or a vessel being
16
towed or pushed by the ship
Any defect in the ship’s hull, main propulsion or steering systems, radars, compass, radio
17
equipment, anchors or cables
Any discharge, or threat of discharge into the water of a pollutant or any damage to the ship or
18 a vessel being towed or pushed by the ship that may result in the discharge of a pollutant into
the water by the ship or a vessel being towed or pushed by the ship.
19 Name of the Canadian or United States agent of the ship
Date of expiration of:
a) A certificate referred to in Article VII of the International Convention on Civil Liability
for Oil Pollution Damage, 1969
b) International Oil Pollution Prevention Certificate
20
c) International Pollution Prevention Certificate for the Carriage of Noxious Liquid
Substances in Bulk
d) Certificate of Fitness
e) Certificate of Compliance, if any, issued to the ship

INNOCENT PASSAGE: US REQUIREMENTS

The following additional requirements apply to vessels bound to/from Canadian ports when
COFR transiting US waters on innocent passage:
Vessels on innocent passage transiting US waters through the St. Lawrence Seaway en route
1
to/from Canadian ports in the Great Lakes are required to have a valid US COFR.
Vessels on innocent passage transiting US waters through the Strait of Juan De Fuca en route
2
to/from Canadian ports are required to have a valid US COFR.
Vessels do NOT require a valid US VRP / NTVRP.
When on innocent passage through the Strait of Juan De Fuca en route to/from Canadian
PACIFIC
ports, state of Washington contingency plan coverage is NOT required, but the following
NORTHWEST action is mandatory effective January 1, 2014:
Notify your Washington State contingency plan provider, NRC ([email protected]) or
1 WSMC ([email protected]).
There are no additional fees for registering vessels transiting on innocent passage.
This will allow NRC or WSMC to provide standby coverage during your inbound transit in US waters while
on innocent passage in accordance with their reciprocal agreement with WCMRC.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 8

 Master’s Guide to Compliance In Canada 2022 Revision 0

NORTH AMERICAN EMISSION CONTROL AREA

All vessels, with limited exceptions, that operate in the North American ECA are required to be in compliance
with the MARPOL Annex VI ECA fuel oil sulfur standard. When operating within the bounds of the ECAs,
ships must utilize low sulfur fuel oils that meet the maximum allowable sulfur content by weight standards in
the table below:
Global Sulfur Cap ECA Sulfur Cap
On and after Jan. 1, 2020 0.50% On and after Jan. 1, 2015 0.10%
Vessel switches to ULSFO (which can be HFO/IFO, distillates or a mix as long as the
REQUIRED
blend used is tested to be) at or below 0.10% sulfur content prior to entering the
ACTION Canadian or US Exclusive Economic Zones (200 nm).
The areas north of 60° North including all of Hudson, James and Ungava Bays –
EXCEPTIONS the Global Sulfur Cap applies for these areas.
More information on compliance and enforcement of the new regulations and standards for Vessel Air
Emissions can be found on the Transport Canada website in the following Ship Safety Bulletins (SSB):
• Compliance with Energy Efficiency Standards (SSB 01/2013):
www.tc.gc.ca/eng/marinesafety/bulletins-2013-01-eng.htm

• Proposing Alternative Compliance Options (SSB 02/2013):

www.tc.gc.ca/eng/marinesafety/bulletins-2013-02-eng.htm

• Fleet Averaging Plans and Annual Reporting (SSB 03/2013):

www.tc.gc.ca/eng/marinesafety/bulletins-2013-03-eng.htm

• Reporting when Compliant Fuel is Unavailable (SSB 04/2013):

www.tc.gc.ca/eng/marinesafety/bulletins-2013-04-eng.htm

• Compliance with Air Emissions Standards (SSB 05/2013):

www.tc.gc.ca/eng/marinesafety/bulletins-2013-05-eng.htm

• Ship to Ship Transfers of Oils and Greywater (SSB 06/2013):

www.tc.gc.ca/eng/marinesafety/bulletins-2013-06-eng.htm

• 2015 Sulphur Emissions Standards (SSB 08/2014):

www.tc.gc.ca/eng/marinesafety/bulletins-2014-08-eng.htm

• Fuel Oil Change-Over Operations (SSB 04/2015):

www.tc.gc.ca/eng/marinesafety/bulletins-2015-04-eng.htm

• Criteria of an “Identical Engine” (SSB 05/2015):

www.tc.gc.ca/eng/marinesafety/bulletins-2015-05-eng.htm

• Sulphur in Fuel Content Verification Process (SSB 08/2016):

www.tc.gc.ca/eng/marinesafety/bulletins-2016-08-eng.htm
Vessels installed with an approved EGC system are allowed to use marine fuel oil of higher
sulphur of 0.1% content, provided ECG system is able to clean the exhaust gas and provide
record that sulphur content is 0.1% sulphur or less in the ECA area.

Any washwater must be managed in accordance with MARPOL Annex VI. In addition, if the
vessel has installed an open loop ECG system, then the master should also check with local
EXHAUST harbor and port authorities for wash water discharge requirements.
GAS
SCRUBBERS Effective March 01, 2022, the discharge of scrubber wash water from all fuel combustion
machinery (excluding main engines) into the environment is not permitted while a vessel is
at anchorage or at berth within the Port of Vancouver. This applies to the wash water from
open-loop and closed-loop EGCS. It does not apply to inert-gas scrubbers required by
tankers for cargo operations and safety reasons. See the link below for more information.

Notice of amendment: Port Information Guide – November 24, 2021

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 9

 Master’s Guide to Compliance In Canada 2022 Revision 0

GREYWATER
Greywater is defined as non-sewage drainage from sinks, laundry machines, bathtubs,
GREYWATER shower-stalls or dishwashers.
The amendments set a minimal standard that discharges of greywater from a vessel in waters
1 under Canadian jurisdiction other than Arctic waters must not result in the deposit of solids or
cause any sheen on the water.
The amendments also require new, large passenger vessels which are carrying more than 500
2 passengers to ensure that any greywater released from the vessel has been passed through a
certified marine sanitation device or is done at least 3 nautical miles from shore.
Some local authorities in Canada have established more stringent greywater and sewage
NOTE requirements for vessels visiting their ports. We recommend checking with your local agents prior to
arrival to determine if any additional requirements may apply.

BALLAST WATER MANAGEMENT AND REPORTING

Transport Canada issued updated regulations in June 2021 to fully implement the IMO
Ballast Water Management Convention Requirements, including applicable
implementations schedules. In addition, Canada now has additional management
BALLAST requirements for vessels calling freshwater ports, noted below. Links to the new
MANAGEMENT regulations and additional resources are included at the end of this section.
Transport Canada requires that all vessels with ballast capacity take the following
actions with respect to ballast water management:

The owner of a ship shall ensure that the ship carries on board and implements a ballast water
management plan setting out safe and effective procedures for ballast water management.
1
Canadian Flagged vessels are required to have a BWMP that is approved by the Administration,
Flag or Class.
Ship shall manage ballast water that was taken on board outside Canadian water (unless an
emergency occurs that prevents crew from doing so safely*), in one of the following ways:
2
*In such instances, the Minister of Transport shall be notified at least 96 hours before entry into
Canadian waters or as soon as it is possible to do so.

Conduct a deep-sea ballast water exchange before entering Canadian waters in an area at least
200nm from shore where the water depth is at least 2000m.

For vessels that do not navigate more than 200nm from shore where the water depth is at least
(A) 2000m, ballast water exchange shall be conducted in an area at least 50nm from shore where the
water depth is at least 200m.

If neither of the above can be met, then the vessel must exchange ballast in one of the alternate
ballast water exchange areas designated by the Minister in TP 13617.

Once past the applicable compliance date, meet the ballast water discharge standard by utilizing
(B) a ballast water treatment system (BWTS), that is designed and operated in accordance with the
IMO Ballast Water Management Convention.

As of June 23, 2021, vessels discharging ballast in Canadian fresh waters, must continue to carry out
ballast water exchange, or saltwater flushing for tanks with residual ballast, in addition to utilizing the BWTS.
For the purpose of this requirement, Canadian fresh waters are the following:
• the waters at the Port of Kitimat and waters in or upstream of the Kitimat Arm, east of a line between
Hilton Point and Steel Point;
• the waters at the Port of Stewart and waters in or upstream of the Portland Canal, north of a line
between Portland Point and Ramsden Point;
• the waters of all Fraser River ports that are:

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 10

 Master’s Guide to Compliance In Canada 2022 Revision 0

o east of Tilbury Island in the main arm of the Fraser River including Anacis Island and New
Westminster docking areas; and
o east of the eastern tip of Mitchell Island in the north arm of Fraser River;
• the waters of the Saguenay River ports and waters upstream of L’Anse-Creuse;
• the waters of all St. Lawrence River ports and waters west of the east point of Ile d’Orléans including
the port of Quebec City;
• all Canadian waters of the Great Lakes Basin; and
• the waters of Happy Valley-Goose Bay and waters of Lake Melville west of Rabbit Island.
Transfer the ballast water or any sediment that has settled out of it in the vessel’s tanks to a
(C)
reception facility.
(D) Retain the ballast water on board the vessel.
Release potable water, taken on board as ballast water from a public or commercial source in
( E) Canada or the United States, into waters under Canadian jurisdiction or on the high seas if it has
not been mixed with other ballast water, including residual amounts, or with sediments
For vessels with residual amounts of ballast taken on board the vessel outside of Canadian
jurisdiction, that was not managed per any of the measures mentioned above, saltwater flushing
should be conducted prior to entry into Canadian Waters.

Saltwater flushing means:

• the addition of mid-ocean water to the ballast water tanks that contain the residual amounts
3 of ballast water;
• the mixing, through the motion of the vessel, of the water added under paragraph (a) with
the residual amounts of ballast water and any sediment that has settled out of them in the
tanks; and
• the release of the waters mixed under paragraph (b) so that the salinity of the resulting
residual ballast water in the tanks exceeds 30 parts per thousand or is as close as possible
to 30 parts per thousand.
Ship shall not discharge into Canadian waters sediment that has settled out of ballast water and
4 comes from the routine cleaning of spaces used to carry ballast water on board. Ship may carry
out the disposal of the sediment at a reception facility.

Additional Resources:
• Transport Canada’s Ballast Water Website
• Ballast Water Regulations SOR/2021 – 120
• List of Canada’s Designated Alternative Ballast Water Exchange Areas and Fresh Waters (Edition 10)
• Ship Safety Bulletin: 09/2021 - Coming into force: New Ballast Water Regulations

The master of a ship bound for Canadian waters shall submit to the Minister of
Transport a completed Ballast Water Reporting Form as soon as possible after a
BALLAST REPORTING management process is performed or a measure determined by the Minister is
implemented.
Transport Canada issued new Ballast Water Reporting Forms to reflect the requirements in the Ballast
Water Management Convention. The updated forms may be downloaded from the following sites:
• 85-0512-AE (20 tanks): http://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/forms-formulaires/download/85-
0512A_BO_PX
• 85-0512-BE (30 tanks): http://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/forms-formulaires/download/85-
0512B_BO_PX
• 85-0512-CE (50 tanks): http://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/forms-formulaires/download/85-
0512C_BO_PX
A copy of every submitted Ballast Water Reporting Form shall be carried on board the ship for 24 months
after it is submitted.
The completed ballast water reporting form should be sent as follows:

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 11

 Master’s Guide to Compliance In Canada 2022 Revision 0

For ships proceeding to ports on the East Coast, in Quebec or in Ontario (Great Lakes):
Email: [email protected]
1 Marine Communication and Traffic Services (ECAREG)
Phone: +1 902 4264956
Facsimile: +1 902 4264483
Telex: 019 22510

For ships proceeding to ports in Eastern Canada North of 60° North Latitude:
Email: [email protected]
2
Marine Communication and Traffic Services (NORDREG)
Phone: +1 867 979 5724
Facsimile: +1 867 979 4236

For ships proceeding to ports on the West Coast:

Email: [email protected]
3
Marine Communication and Traffic Services Centre (RMIS)
Phone: +1 604 666 6011
Facsimile: +1 604 666 9177
Do NOT send copies of BWM reports or records to Witt O’Brien’s.

IMO’S INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

The International Code for Ships Operating in Polar Waters (Polar Code) applies to vessels
operating north of 60 degrees N and covers the full range of design, construction, equipment,
operational, training, search and rescue and environmental protection matters relevant to ships
operating in the inhospitable waters surrounding the two poles.

The Polar Code includes mandatory measures covering safety and training (part I-A) and pollution
prevention (part II-A), and recommendatory provisions for both (parts I-B and II-B). The
implementation date for these measures are as follows:
▪ Part I – Safety (SOLAS & STCW): Upon delivery or first intermediate or renewal
survey after January 1, 2018
▪ Part II – Environmental (MARPOL): All vessels – January 1, 2017
POLAR
CODE
Part I also requires that vessels carry a Polar Code Operations Manual as well as a Polar Ship
Certificate. Additional information is available at –
https://www.imo.org/en/MediaCentre/HotTopics/Pages/Polar-default.aspx

Note: As of December 2017, the Canadian authorities have terminated their requirement for an
Arctic Pollution Prevention Certificate and adopted the Polar Code. Compliance with the Polar
Code, including a Polar Ship Certificate is required for entry into Canadian polar waters.

More information on the Arctic Pollution Prevention Act for Canada is available here -
https://tc.canada.ca/en/marine-transportation/arctic-shipping/checklist-vessels-navigating-
canadian-arctic-waters

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 12

 Master’s Guide to Compliance In Canada 2022 Revision 0

NORTH ATLANTIC RIGHT WHALE AND SOUTHERN RESIDENT KILLER WHALE

SPEED RESTRICTIONS
Transport Canada issued an updated Ship Safety Bulletin in May 2021 with new
seasonal speed restrictions that vessels must follow in the Gulf of St. Lawrence. The
GULF OF ST. SSB - 05/2021 is linked below.
LAWRENCE
SPEED Protecting the North Atlantic right whale: speed restriction measures in the Gulf of St.
RESTRICTIONS Lawrence - SSB No.: 05/2021

More information on Transport Canada’s Right Whale program is available here.

SOUTHERN The Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of
RESIDENT Southern British Columbia, 2021 is effective from June 01, 2021 until May 22, 2022.
KILLER WHALES
RESTRICTIONS More information is available in SSB No. 12/2021.

ASIAN GYPSY MOTH REQUIREMENTS

All marine vessels arriving in Western Canadian ports from March 1 to September 15,
and in Eastern Canadian ports, including inland ports, from March 15 to September
15, and which have visited ports during specified periods of risk for Asian Gypsy Moth
(AGM) during the current year or preceding year, that are located in the Russian Far East,
Japan, the Republic of Korea, and all ports north of Shanghai (defined as all ports on or
north of 31°15' north latitude) in the People's Republic of China must provide the
following to the Canadian Food Inspection Agency (CFIA):
• 96-hour advance notice of arrival
• List of previous ports of call over the last two years
• Valid Phytosanitary Certificate or other approved certificate issued by an
authority recognized by the CFIA as per Appendix 4 of D -95-03

West Coast: Vancouver Harbour office

Email: [email protected]
Phone: 604-292-5812
ASIAN GYPSY
Fax: 604-292-5601
MOTH
INSPECTIONS
Eastern Canada: Dartmouth office
Email: [email protected]
Phone: 902-943-7582
Fax: 902-426-4192

The certificate must state that the vessel was inspected and found free from AGM from
at least the last port of call in a regulated area during the specified risk period. A
vessel without the required certification may not be permitted entry into Canada. CFIA
may conduct inspections at designated offshore inspection sites as an alternative to
refusing entry. A vessel calling on a Canadian port for a second time without the required
certification may be refused entry to Canada.

More information is available, including the list of affected ports is available here.
The latest US-Canada Joint Bulletin is available here including updated specified risk
periods that are effective for vessels beginning in 2022.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 13

 Master’s Guide to Compliance In Canada 2022 Revision 0

VOLUNTARY PROTECTION ZONE – WEST COAST HAIDA GWAII

As of November 1, 2021, the Voluntary Protection Zone (VPZ) has been extended and remains in
effect until further notice. Commercial vessels that are of 500 gross tonnage or more must travel
at least 50 nautical miles away from the shores of the west coast of Haida Gwaii.
HAIDA
More information, including specific lat/long data is available through the following links -
GWAII
• https://tc.canada.ca/en/marine-transportation/marine-safety/ship-safety-bulletins/trial-
VPZ
voluntary-protection-zone-shipping-west-coast-haida-gwaii-amendment-2021-11-05-ssb-no-
13-2021
• http://haidagwaii-vpz.ca/wp-content/uploads/2020/09/VPZ-Final-Sept-1.pdf
• http://haidagwaii-vpz.ca/resources-for-mariners/

JOINT INDUSTRY GOVERNMENT GUIDELINES

Recognizing that special risks of ice damage may exist in certain waters off the East Coast of Canada
during winter and spring months and that these may affect safety and contribute to marine pollution,
the following guidelines were developed and have been in effect since November 1979.

These Guidelines are known as the “Joint Industry Government Guidelines for the Control of Oil
Tankers and Bulk Chemical Carriers in Ice Control Zones of Eastern Canada” (JIG).
JIG
These Guidelines are in no way to be construed as interpreting, adding to or detracting from existing
statutory or regulatory requirements.

Joint Industry Government Guidelines –

https://www.tc.gc.ca/eng/marinesafety/tp-tp15163-menu-4025.htm

CBSA GUIDELINES: MARINE CARRIER CODE

All marine carriers, regardless of how often they cross the Canadian border with commercial goods, require
their own carrier code to transact business with the Canada Border Services Agency (CBSA).

Effective January 31, 2014, marine agents are no longer eligible to receive or hold a carrier code.
The CBSA also strongly recommends that marine carriers apply for a bonded carrier code. A bond is required
anytime unreleased goods, including freight remaining on board, move beyond the first port of arrival (FPOA)
to a subsequent Canadian port under the care and control of the same carrier (no liability transfer).
In the marine mode, the FPOA is defined as the first Canadian port that a vessel stops for any reason –
including but not limited to the loading and or discharging of cargo, anchoring, bunkering, safety inspections,
crew changes, diversions, etc. – and transmits their Conveyance Arrival Certification Message to fulfill their
obligation to report.
For more information, please visit the Canadian Border Services Agency sites below:
• CBSA Marine Carriers: http://www.cbsa.gc.ca/services/carrier-transporteur/mc-tm-eng.html
• Application Process: http://www.cbsa.gc.ca/services/carrier-transporteur/mccap-ppctm-eng.html
• CBSA Contact Info: http://www.cbsa.gc.ca/services/carrier-transporteur/contact-eng.html
Please do NOT contact Witt O’Brien’s for assistance with the application process.

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 14

 Master’s Guide to Compliance In Canada 2022 Revision 0

REQUIRED PUBLICATIONS
REQUIRED The most current editions of the following publications are required to be carried on board
PUBLICATIONS vessels calling Canada:
1 Ice Navigation in Canadian Waters TP 5064 published by the Department of Fisheries and Oceans
Notices to Mariners, Annual Edition, Numbers 1 to 46, published by Department of Fisheries and
2 Oceans
www.notmar.gc.ca
Radio Aids to Marine Navigation, Annual Edition, published by the Department of Fisheries and
3
Oceans
Sailing Directions, published by Canadian Hydrographic Service
4
http://www.charts.gc.ca/publications/sailingdirections-instructionsnautiques-eng.asp
Tide and Current Tables, published by Canadian Hydrographic Service
5
http://www.charts.gc.ca/publications/tables-eng.asp
Other published and electronic versions of the above required publications are authorized for use
NOTE
if they are kept current.
A list of all Marine Publications available from Transport Canada can be found at:
https://www.ccg-gcc.gc.ca/publications/index-eng.html

A LOOK AHEAD
The Government of Canada announced new measures that, once implemented, will achieve a world-class
tanker safety system in Canada. These measures build on recommendations from the Tanker Safety Expert
Panel and other studies, and have been informed by engagement with provincial governments, Aboriginal
groups, marine stakeholders and internal analysis by federal departments and agencies. Together, these
measures demonstrate the Government of Canada's ongoing commitment to strengthen marine safety
measures to protect the public and the environment.
Prevention Measures: taking all reasonable steps to avoid spills by modernizing Canada’s navigation
1
system
Preparedness and Response: responding to and cleaning spills quickly and effectively
• Area Response Planning
2
• Building Marine Safety Capacity in Aboriginal Communities
• Alternate Response Measures
3 Liability and Compensation: ensuring polluters pay
More information on the activities of the Independent Tanker Safety Expert Panel can be found on the
Transport Canada website at: http://www.tc.gc.ca/eng/tankersafetyexpertpanel/menu.htm

This includes their Phase I and II reports regarding Ship-Source Oil Spill Preparedness and Response
Regime and Requirements for the Arctic and for Hazardous and Noxious Substances Nationally.

SUGGESTIONS / COMMENTS / CLARIFICATIONS

This document is intended to be a helpful guide for Masters. Please help us make it more
CONTACT useful for you.
VESSEL
SERVICES If you have questions, comments, or concerns please contact us at:
[email protected]
24-Hour Emergency Assistance +1 281 606 4818

© Witt O’Brien’s 2022 | wittobriens.com | 24 HR: +1 281 606 4818 | [email protected] 15