IMSBC Code and Tank Prewash Amendments

Summary#

The final regulation Regulations Amending Certain Regulations Made Under the Canada Shipping Act, 2001 (SOR/2021-60) makes a set of changes to several marine safety rules. Key practical effects include switching a cargo code reference to the IMSBC Code, adding required verifications of shippers’ moisture-testing procedures, tightening rules for tank prewash and effluent transfer, and adjusting administrative penalty items. The rules came into force on April 1, 2021.

What it does#

• Changes references to the BC Code in the Cargo, Fumigation and Tackle Regulations to the IMSBC Code (International Maritime Solid Bulk Cargoes Code).
• Requires a shipper to ask the Minister to verify its procedures for sampling, testing and controlling moisture in solid bulk cargo:
  • request an initial verification before using the procedures;
  • request an intermediate verification before the first anniversary of a letter of approval;
  • request a renewal verification before the letter of approval expires;
  • if procedures are modified, request a new initial verification before using them.
  • the Minister will issue or endorse a letter of approval if satisfied after verification.
• Adds transitional wording that makes certain earlier Transport documents count as the new letters of approval.
• Changes parts of the Vessel Pollution and Dangerous Chemicals Regulations on tank prewash:
  • a tank unloaded of a Category X noxious liquid must normally be prewashed before leaving the port unless an exemption applies;
  • exemptions may be granted if the tank will be reloaded with the same or a compatible substance, will be prewashed at another confirmed port, or residues will be removed by an approved ventilation procedure;
  • when transferring effluent to a reception facility, wash until the substance concentration falls to 0.1% by weight, then continue until the tank is empty; if measuring would cause undue delay, a different specified procedure applies;
  • a marine safety inspector must be present for the prewash and endorse Cargo Record Book entries.
• Extends similar prewash and exemption rules to Category Y and Z substances, and updates related procedural references.
• Updates the schedule of administrative monetary penalties in the Administrative Monetary Penalties and Notices (CSA 2001) Regulations so that certain violations tied to these rules carry penalties of $1,250 to $25,000, with separate violations possible for each day.

Who's affected#

• Shippers of dry bulk solid cargoes who must follow moisture-sampling and testing procedures and obtain Minister verifications/letters of approval.
• Ship owners and operators that load, unload or transport solid bulk cargoes or noxious liquid substances (Categories X, Y, Z).
• Ports and reception facilities that receive effluent from tank prewash operations.
• Marine safety inspectors who will inspect, endorse records and may grant exemptions.
• Businesses that could face administrative penalties under the updated penalty ranges.
• It also applies to vessels capable of oil and gas drilling/production, except when they are on location and engaged in drilling/production in certain areas under the Canada Oil and Gas Operations Act.

Why it matters#

• Aligning the rules with the IMSBC Code and requiring formal verification and letters of approval aims to make moisture testing and control for bulk cargoes more consistent and documented. That affects cargo safety practices and the responsibilities of shippers.
• The tank prewash and effluent rules (including the 0.1% by weight concentration limit) clarify how ships must manage residues and wastewater after unloading noxious liquids. That can affect port operations, waste reception needs, and environmental protections.
• The updated penalty range ($1,250 to $25,000) signals higher financial risk for non-compliance and makes daily violations potentially costly.
• These are final rules that took effect on April 1, 2021, so affected parties should already be following the new requirements.