New Ballast Water Management Regulations Take Effect in Canada

Applying to all Canadian vessels regardless of location and to foreign vessels that are in waters under Canadian jurisdiction, the new regulations replace the previous requirements under the Canada Shipping Act: the Ballast Water Control and Management Regulations.

According to Transport Canada Ship Safety Bulletin (SSB) 09/2021, international vessels will be required to comply with the BWM Convention regime, which requires that vessels:

• have on board and implement an approved vessel-specific Ballast Water Management Plan
• be surveyed and carry a Ballast Water Management Certificate
• meet a performance standard that limits the number of organisms capable of reproducing to reduce the risk of aquatic species invasions (e.g. use a Ballast Water Management System)
• record ballast water operations and maintain a Ballast Water Record Book on board
• be subject to inspections in ports or offshore terminals to ensure compliance

These vessels will also be subject to some former provisions that remain relevant and are not part of the Convention regime:

• to flush otherwise-empty ballast tanks with open ocean water to reduce the risk posed by any residual ballast water and sediments
• to exchange and flush ballast tanks in addition to meeting the performance standard when traveling to Canadian fresh waters (from outside of waters under Canadian jurisdiction, the Great Lakes and the high seas)
• to conduct any exchange or flushing operation in waters at least 2,000 metres deep, whenever possible
• to report on the provenance and management of ballast water released in Canada

Domestic vessels that operate exclusively in waters under Canadian jurisdiction or the Great Lakes are also required to comply with the above. However, those vessels constructed on or after 2009 will have until 8 September 2024 to achieve compliance with the performance standard, while those vessels constructed before 2009 will have until 2030.

US vessels that transit through Canadian waters of the Great Lakes Basin without loading or unloading ballast water (other than ballast water necessary for the purpose of ensuring the safety of the vessel on a voyage between non-Canadian ports) will be exempt from the Regulations.

Read the Transport Canada bulletin here.

Find out more about ballast water management in our dedicated web area here.