MANAGING WASTE
FROM COMMERCIAL SHIPS

A comparison of Canadian, U.S. and international regulations

International regulations to prevent and minimize pollution from ships came into effect in the early 1970s in response to several major oil spills. The International Maritime Organization (IMO) adopted a set of rules under the International Convention for the Prevention of Pollution from Ships (MARPOL). Since then, it has been expanded to include noxious liquid substances, harmful materials carried in package form, sewage, garbage, and air pollution.

Many of these rules have been incorporated into national regulations and laws. In Canada, most aspects of MARPOL have been adopted under the Canada Shipping Act, 2001. In addition, the International Code for Ships Operating in Polar Waters (Polar Code), developed by the IMO, has been incorporated into Canada’s Arctic Waters Pollution Prevention Act (AWPPA). To compare, some Canadian regulations such as those for sewage discharge are stricter than MARPOL.

While the two countries work together in shared waters, there are some differences between the U.S. and Canada, notably in the Great Lakes region.

In general, Canada and the U.S. try to coordinate actions under the Great Lakes Water Quality Agreement for joint emergency pollution response and work together on ballast water management in the Great Lakes. However, the two countries are not in agreement for new ballast water rules taking effect in 2024 and requiring vessels of at least 400 gross tonnes to be equipped with a ballast water management system. The U.S., which has not ratified the IMO’s International Convention for the Control and Management of Ships’ Ballast Water and Sediments and has exempted its fleet of commercial vessels operating on the Great Lakes from having to install onboard ballast water management systems, believes that this rule should not be applied to ships that only use the Great Lakes-St. Lawrence River region. Conversely, Canada has ratified the Convention, and says ships must have onboard systems. Both countries are in negotiations to resolve the matter.

When the two nations are parties to the same conventions, they do not necessarily apply the same standards because some conventions provide a minimum requirement and some American states may regulate higher standards or adopt their own standards, as in the case of California regarding ballast water management.

For example, the U.S. is not a signatory to MARPOL IV (regulations on sewage) but they have equivalent laws to protect against pollution from sewage, found in the Section 312 of the Clean Water Act.

• Section 312 of the Clean Water Act requires the use of operable, U.S. Coast Guard-certified marine sanitation devices onboard vessels that are equipped with toilets and operating on U.S. navigable waters
• Untreated sewage discharges are prohibited within 3 nautical miles from shore
• Some areas are designated as “No Discharge Zones”

The U.S. and Canada are signatory to MARPOL V (regulations on garbage). Certain U.S. states such as Alaska and Washington often apply stricter standards.

The role of port authorities in managing ship waste:
Canada’s port authorities play a crucial role in managing ship-source waste. They publish rules and regulations for their jurisdiction describing how all types of ship waste are managed and disposed. Overall, port rules meet and often exceed national regulations. The ship operator must seek the necessary approvals from the appropriate regulator, harbour master or operations centre before discharging waste. The Port of Halifax offers a typical example of a guide and its requirements.

Regulations in Arctic waters

In Arctic waters, bilge water cannot be discharged. For ships greater than 400 gross tonnes or certified to carry more than 15 people, treated sewage may be discharged more than 3 nautical miles or as far as practicable from land, ice-shelf, or land-fast ice while underway. Untreated sewage may be discharged at least 12 nautical miles from land or ice and while underway. There are no specific regulations on the discharge of grey water north of 60°N. Vessel operators are asked to avoid discharging untreated grey water under any circumstance when operating in these waters, but this recommendation is not enforced.

Special Areas of pollution control

A Special Area can be designated under MARPOL to create further measures to prevent ocean pollution by oil, noxious liquid substances, sewage, garbage or air pollution due to the area’s recognized ecological conditions and the nature of traffic in the area. Designated areas are provided with a higher level of protection, for example, the four Emission Control Areas located in the Baltic Sea, the North Sea, North America, and the U.S. Caribbean Sea to restrict sulphur oxides (SOx) and nitrogen oxides (NOx) emissions. A list of the Special Areas under MARPOL can be found here.

Ship Waste in Arctic Waters

As Arctic shipping increases, so do the risks associated with ship-source waste. Waste generated and transported onboard ships navigating Arctic waters poses risks to the region’s marine and coastal environments due to its limited port infrastructure and reliance on the Arctic Ocean as a food source by the Inuit and other Indigenous inhabitants.

As a form of marine litter, plastics have direct effects within the Arctic ecosystem. Some plastics and microplastics accumulate on the ice and re-release into the ocean upon melt, leaching toxins.

The Arctic Shipping Safety and Pollution Prevention Regulations, which incorporate the Polar Code into Canada’s regulatory framework, prohibit the discharge of waste of any type in Arctic waters, with the exception of sewage and food waste, under certain conditions. Waste means any substance, including water containing such substance, that, if discharged in the marine environment, would degrade the water quality to be harmful to people, animals, fish, and plants useful to people, and further includes anything deemed to be waste under the Canada Water Act.

The discharge of oil or mixtures that contain oil is also strictly prohibited with few exceptions, notably if the discharge is the result of an accident or damage to the ship while reasonable precautions were taken, and if the discharge is necessary to save lives or prevent the loss of the ship.

Depositing waste in Arctic waters is considered an offence. A person or a ship convicted under the AWPPA may be fined $5,000 or $100,000, respectively. For ships greater than 400 gross tonnes or certified to carry more than 15 people, the Arctic Shipping Safety and Pollution Prevention Regulations allow the discharge of treated (disinfected and ground-up) sewage more than three nautical miles from land, ice-shelf, or land-fast ice while the ship is underway. Any treated sewage discharges must be as far as practicable from land or ice. To discharge untreated sewage, the ship must be underway and at least 12 nautical miles from land or ice.

The National Aerial Surveillance Program

The National Aerial Surveillance Program is run by Transport Canada and Environment and Climate Change Canada to patrol Canada’s coastlines for ship-source pollution like oil spills. Distinctive, red-painted Dash-8 aeroplanes and a drone equipped with remote sensing equipment keep watch over Canada’s coastlines. Watch this video to learn more.

If ships are identified as illegally discharging waste, Transport Canada may employ different measures under the Canada Shipping Act, 2001. Penalties range from letters of non-compliance and fines of up to $25,000 per day for the duration of the offence. This can mean loss of business, increased rates of insurance and ultimately banning from Canadian waters.

Sources & Citations

1. Burnaby Now. (2021). Pollution Expert Aims to Create ‘Water Champions.’
2. Statista. (2021). Number of Ships in the World Merchant Fleet as of January 1, 2020, by Type.
3. Clear Seas’ work is focused on commercial marine shipping and does not generally include cruise ships or fishing vessels. They are subject to the same regulations governing waste disposal.
4. International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). (2015). Practical Guide. P. 19.
5. Government of Canada. (2012). Vessel Pollution and Dangerous Chemical Regulations.
6. Marine Insights. (2021). MARPOL Annex 1 Explained: How to Prevent Pollution from Oil at Sea.
7. Barbara Werschkun, Sangeeta Banerji, Oihane C. Basurko, Matej David, Frank Fuhr, Stephan Gollasch, Tamara Grummt, Michael Haarich, Awadhesh N. Jha, Stefan Kacan, Anja Kehrer, Jan Linders, Ehsan Mesbahi, Dandu Pughiuc, Susan D. Richardson, Beatrice Schwarz-Schulz, Amisha Shah, Norbert Theobald, Urs von Gunten, Stefanie Wieck, Thomas Höfer. (2014). Emerging risks from ballast water treatment: The run-up to the International Ballast Water Management Convention, in Chemosphere, volume 112, p. 256-266.
8. Restrictions are based on rules established by the International Maritime Organization, Canadian laws and regulations applied by individual Canadian ports.
9. World Wildlife Fund. (2020). Grey Water Dumping Threatens Ocean Health and People.
10. Nuka Research and Planning Group, LLC. (2019). Bilateral Workshop: Grey Water Discharges from Vessels – Summary Report.
11. Government of Canada. (2021). Vessel Pollution and Dangerous Chemicals Regulations. Subdivision 5 – Discharge of Sewage or Sewage Sludge.
12. Canadian Food Inspection Agency. (2018). International Waste Directive. Appendix 2: Requirements for the handling, removal, and disposition of international waste at points of entry into Canada (airports, marine terminals, and land crossing). Government of Canada.