Transport Canada recently announced an update to their Ballast Water Regulations (SOR/2021-120) which entered into immediate effect. The previously applicable Canada Ballast Water Control and Management Regulations (SOR/2011-237) have been repealed. These regulations apply to the management of any quantity of ballast water released from a vessel. All ballast water exchanges and/or treatment activity is to be reported to Transport Canada using their Ballast Water Reporting Form.
Canada’s new Ballast Water Regulations also include “Additional Measures” which apply to ballast water releases in Canadian Fresh Waters. Specifically, vessels discharging ballast in Canadian Fresh Waters,
(i) must conduct a saltwater flushing of ballast tanks that contain only residual amounts of ballast water, unless those residual amounts were taken on board in open seas (at a distance of at least 200 miles from land, in water at least 2,000 meters deep), or in an alternate ballast water exchange area, and
(ii) if using a ballast water treatment system, must also either carry out an open sea exchange of ballast water prior to arrival, or conduct an exchange in an alternate ballast water exchange area.
Members are referred to ECM’s Client Alert 9-2021 below for additional details including details of Canada’s Designated Alternate Ballast Water Exchange Areas and Fresh Waters.
If Members have any questions on the above, your usual contact at the Club will be pleased to assist you.
