441-01205 (Environment)

Part 1: On April 4, 2022, the Government of Canada announced enhanced environmental measures to strengthen Canada’s existing sewage and greywater discharge requirements for cruise ships operating in Canadian waters. The measures exceed international standards set out in the International Convention for the Prevention of Pollution from Ships (MARPOL), including requiring more stringent testing to significantly lower the permitted fecal coliform count per 100 millilitres, as well as requiring greywater be treated with sewage to these same standards. These measures will be made mandatory through amendments to the Vessel Pollution and Dangerous Chemicals Regulations. Amendments to these regulations are ongoing to streamline the process for designating no sewage discharge zones across the country.

Transport Canada is currently working to implement the enhanced environmental measures for cruise ships through an Interim Order, which will transition these measures to a mandatory regime, and come into force in alignment with the 2023 cruise season. An Interim Order has the same effect as a regulation; however, it can be brought into force faster than regulatory amendments. In implementing these measures, Transport Canada is permanently exceeding international standards set out by the International Maritime Organization. Further, these enhanced measures provide comparable protection to jurisdictions in the United States that have implemented restrictions, including Alaska, California and Washington State.

By banning discharges within 3 nautical miles from shore outright, this will stop discharges near Canada's shores, especially in the Salish Sea. The enhanced environmental measures will also dissuade any further discharges when entering Canadian waters, which was identified as an issue on the West Coast in recent years.

Part 2: Some vessels require low levels of discharges of substances arising from normal operations so they can safely pass through Canadian waters. The discharge of these substances that arise from normal operations are in accordance with federal regulations under the Canada Shipping Act, 2001, including the Vessel Pollution and Dangerous Chemical Regulations. 

As an additional measure of protection for Canada’s oceans, on February 8, 2023, the Government of Canada unveiled its 2023 Marine Protected Area Protection Standard, which among other things, announced an intent to enhance restrictions on certain vessel discharges that occur within Marine Protected Areas, including those that are located within the Salish Sea and the Great Bear Sea. These measures are subject to further consultations with stakeholders. However, additional limitations or prohibitions are proposed for the following vessel discharges up to 12 nautical miles in existing and new Marine Protected Areas: 

• oily engine bilge;   
• sewage (blackwater);   
• greywater;   
• food waste; and   
• scrubber washwater. 

Voluntary measures for these substances, with the addition of garbage (including food wastes) and noxious liquid substances, will be also pursued in the Exclusive Economic Zone, 12-200 nautical miles from shore, where possible for implementation and compliance.

Part 3: Transport Canada marine safety inspectors verify that all vessels, including cruise ships, comply with the requirements outlined in the Vessel, Pollution, and Dangerous Chemicals Regulations during regular formal Port State Control inspections. Inspectors implemented Transport Canada’s robust inspection regime onboard cruise ships during the 2022 season and verified the level of implementation with the enhanced environmental measures as well as compliance with existing regulatory requirements. Transport Canada will work with industry to ensure compliance with the enhanced measures for 2023 and going forward. Oversight activities will be conducted once the new measures are in place and any non-compliances will be the subject of follow-up action.

The enhanced environmental measures are an important component of Transport Canada’s world class environmental regime. It is the first step towards addressing concerns raised by the Canadian public and environmental organizations with respect to vessel-sourced pollution in Canada. Moving forward, Transport Canada will continue to engage with industry and interested parties to determine how to further strengthen the marine environmental regime, where needed. This would include consideration towards the compliance and enforcement regime.