IMSBC Code and Tank Prewash Rules

Summary#

This is a proposed set of amendments under the Canada Shipping Act, 2001 from the Department of Transport. It updates references to the international bulk‑cargo code, adds a formal verification and approval process for shippers’ moisture‑control procedures, tightens rules on tank prewash and effluent transfer for noxious liquids, and updates some monetary penalty entries. The notice was published November 14, 2020 and invites comments for 60 days; if made, the rules would come into force on April 1, 2021.

What it does#

• Replaces the old BC Code reference with the IMSBC Code (International Maritime Solid Bulk Cargoes Code) in the Cargo, Fumigation and Tackle Regulations.
• Creates a verification and approval process for shippers’ procedures to sample, test and control cargo moisture:
  • Shippers must ask the Minister for an initial verification before using those procedures.
  • An intermediate verification is required before the first anniversary of the approval.
  • A renewal verification is required before the approval expires.
  • If procedures are changed, an initial verification is required before the changes are used.
  • The Minister issues letters of approval or endorses existing letters after verification.
  • Older documents that reflect past verifications are treated as letters of approval under transitional rules.
• Updates the schedule of administrative penalties in the Administrative Monetary Penalties and Notices (CSA 2001) Regulations to list a penalty range of $1,250 to $25,000 for certain violations tied to tank prewash rules (with separate violations possible for each day).
• Changes to the Vessel Pollution and Dangerous Chemicals Regulations about tank prewash operations:
  • A tank unloaded of a Category X noxious liquid must normally undergo a tank prewash before leaving the port unless an exemption applies.
  • Exemptions include reloading the same or a compatible substance without washing, prewashing at another port with written confirmation, or removal of residues by an approved ventilation procedure.
  • Effluent from a prewash must be transferred to a reception facility until the substance concentration falls to 0.1% by weight, then the remaining effluent transferred until the tank is empty. If measuring concentration would cause undue delay, a specified alternative applies.
  • A marine safety inspector must be present for the prewash and endorse the Cargo Record Book entries.
  • Similar prewash rules and exemptions are clarified for Category Y and Category Z substances.
  • Limits how ventilation procedures can be used to remove cargo residues.
  • The rules apply to vessels capable of oil/gas drilling or production except when they are on location and actively engaged in exploration or production as defined under the Canada Oil and Gas Operations Act.

Who's affected#

• Shippers of solid bulk cargo who use procedures to sample, test or control moisture — they must get verifications and letters of approval under the Cargo, Fumigation and Tackle Regulations.
• Owners, masters and operators of vessels that carry noxious liquid substances (Categories X, Y, Z) — they must follow the clarified tank prewash and effluent rules in the Vessel Pollution and Dangerous Chemicals Regulations.
• Port reception facility operators and ports that receive tank wash effluent — they may handle more or differently managed prewash effluent because of the 0.1% by weight requirement.
• Marine safety inspectors, who will carry out verifications and must be present for some prewash operations.
• It is not fully clear from the notice how often inspections or approvals will be required in practice or what fees (if any) will apply; the item references a Regulatory Impact Analysis Statement for Marine Safety Fees but that text is separate.

Why it matters#

• Safety: Referring to the IMSBC Code and requiring verified moisture‑control procedures aims to reduce the risk of cargo liquefaction, which can cause cargo shifts and sinkings.
• Environment: Stricter prewash and effluent transfer rules (including the 0.1% by weight threshold) aim to reduce pollution from tank washings and make ports and reception facilities handle contaminated effluent more safely.
• Compliance and cost: Shippers and vessel operators will need to allow time for inspections and approvals and may face administrative penalties in the range of $1,250 to $25,000 for certain violations.
• This is a proposal open for comment (comments accepted for 60 days from the November 14, 2020 publication). If finalized as drafted, the amendments would take effect April 1, 2021.