Ballast Water Regulations for Ships in Canada

Updated 2026-11-10

Ballast Water Regulations for Ships in Canada

Ballast water is water that a ship takes into dedicated tanks to keep itself stable, correctly trimmed and deep enough in the water, and then releases at another place. Because the water often carries organisms from the port where it was loaded, discharge can introduce non-native aquatic species. In Canada the rules are set by the Ballast Water Regulations (SOR/2021-120), made under the Canada Shipping Act, 2001 and the Fisheries Act, and they largely follow the International Convention for the Control and Management of Ships' Ballast Water and Sediments of 2004.

This page describes what the rules say, how they relate to the international convention and to United States requirements, and why the Great Lakes and the St. Lawrence River receive special treatment. It is a summary and does not replace the text of the regulations.

What ballast water is and why it matters

A ship that has unloaded cargo rides high in the water. Without weight, its propeller may not stay submerged and its handling suffers, so it pumps in water. When cargo is loaded at the next port, the water goes back out. The organisms that travel with the water and sediment can include plants, animals, bacteria and viruses.

Most released organisms do not survive in a new environment. A few do, and some of those spread. Ballast-linked invaders include zebra mussels, Asian clams, the spiny water flea, round goby, European green crab and the Chinese mitten crab, as well as pathogens such as the cholera bacterium (Vibrio cholerae) and toxic algae.

The zebra mussel, native to the Caspian and Black Seas, was first found in Lake St. Clair in 1988 and is believed to have arrived in the ballast water of a transatlantic freighter. Within about ten years it had spread through the five neighbouring Great Lakes. The U.S. Fish and Wildlife Service estimated the economic cost of that single introduction at roughly five billion US dollars. The Great Lakes Water Quality Agreement, the Canada-United States agreement on lake health, also treats invasive species as a major threat, and describes more than 180 non-native species having entered the basin.

Fisheries and Oceans Canada addresses the subject through its aquatic invasive species program, which centres on prevention of introduction and spread.

The international framework: the IMO Ballast Water Management Convention

The Convention was adopted in London and opened for signature on 13 February 2004. It needed a set number of states representing a set share of world tonnage, and the threshold was crossed when Finland acceded on 8 September 2016. The treaty entered into force twelve months later, on 8 September 2017. By 15 July 2021 it had 86 parties covering 91.12 percent of the gross tonnage of the world merchant fleet.

The Convention sets two discharge standards, known by their regulation numbers.

Standard D-1 (exchange). A ship replaces its ballast water in open ocean, which flushes out coastal organisms and replaces them with ocean organisms less likely to survive in port waters. Descriptions of the exchange rule refer to a distance of at least 200 nautical miles from shore, in water at least 200 metres deep, and to replacement of at least 95 percent of the water by volume. Canada's own text uses a stricter depth of 2,000 metres, discussed below.

Standard D-2 (treatment). A ship treats the water with an approved ballast water management system so that only very small numbers of viable organisms remain when it is released. The standard is expressed as agreed numbers of organisms per unit of volume of discharged ballast water.

Other core elements include a ship-specific ballast water management plan, a record book, and an International Ballast Water Management Certificate issued after an on-board survey by the flag state or an authorised classification society.

The implementation schedule matters for understanding Canadian dates:

Canada: the Ballast Water Regulations (SOR/2021-120)

Background and legal basis

Canada first implemented ballast water controls under the Ballast Water Control and Management Regulations, SOR/2011-237. The Ballast Water Regulations, SOR/2021-120, were registered on 4 June 2021 (P.C. 2021-503). They are made under several provisions of the Canada Shipping Act, 2001 (including subsections 35(1) and 35.1(1) and section 190) and under subsection 43(1) of the Fisheries Act. Section 27 repeals the 2011 regulations. Under section 28 the regulations came into force on the day of registration, 4 June 2021.

Who is covered

Under section 3, the regulations apply to Canadian vessels anywhere in the world and to non-Canadian vessels in waters under Canadian jurisdiction, provided the vessel is designed or constructed to carry ballast water. Some offshore oil and gas units are included, with exceptions for those operating at certain listed accord locations. The regulations do not apply to several groups, including state-owned non-commercial vessels, vessels carrying only permanent ballast in sealed tanks, and certain non-party vessels that operate only in the Great Lakes Basin.

Small and non-self-propelled vessels may be allowed to follow equivalent guidance rather than the full set of requirements (section 6). Exemptions from specific provisions can be granted by the Marine Technical Review Board for Canadian vessels and by the Minister for others (section 5).

Core obligations

According to the Justice Laws text and the Transport Canada summary, covered vessels must:

1. Carry and follow a ballast water management plan. For Canadian vessels, the plan requires ministerial approval and must be kept current (sections 7 to 9).
2. Keep a ballast water record book. Entries on Canadian vessels must be in English, French or both (section 10).
3. Meet a ballast water performance standard (D-2) or an accepted alternative, with an approved management system on board where treatment is used (sections 12, 17 and 18).
4. Hold a valid International Ballast Water Management Certificate, issued after inspection (sections 20 to 22). A vessel flying the flag of a non-party state must carry an official document certifying compliance with the Convention before it takes on or releases ballast in Canadian waters (section 23).
5. Submit the Canadian Ballast Water Reporting Form before arriving at a Canadian port, offshore terminal or anchorage (section 24).

Responsibility is shared. Section 4 places duties on both the authorised representative of the vessel and the master.

Compliance dates

Section 11 sets the timetable for vessels built before the regulations came into force: they must meet the D-2 standard by 8 September 2024. A separate, longer period applies to certain vessels built before 1 January 2009 that operate only in specified waters. They have until 8 September 2030. Transport Canada also notes that Canadian vessels that do not sail internationally, other than to U.S. Great Lakes ports, must meet the Convention standards at launch, in 2024 or in 2030 depending on build date.

Exchange, flushing and alternatives

Canada retains ballast water exchange in defined situations. Under section 14, exchange must take place at least 200 nautical miles from land in water at least 2,000 metres deep, or in a designated area. The designated alternate exchange areas and the fresh waters concerned are listed in Transport Canada publication TP 13617. A vessel that cannot meet these conditions must record the reasons.

Two further rules apply to freshwater destinations:

• Fresh waters (section 15). A vessel that relies on the performance standard may not release ballast in Canadian fresh waters listed in TP 13617 unless it first carried out an exchange, with exceptions for certain waters and safety situations.
• Saltwater flushing (section 16). Tanks that hold only residual amounts must be flushed with salt water, unless the residual was taken on under the exchange standard.

A vessel may also use an approved alternative method under the regulations, or discharge potable water taken from a Canadian or U.S. public or commercial source, so long as it is not mixed with other ballast water (section 13).

Treatment systems

A ballast water management system on a Canadian vessel needs ministerial approval (section 17), and its Type Approval Certificate must stay on board (section 18). Vessels taking part in prototype testing programs need a valid Statement of Compliance (section 19).

The Great Lakes and the St. Lawrence River

Transport Canada points out that ballast water in the Great Lakes and the St. Lawrence is difficult to treat. The water is cold and fresh and often carries sediment, all of which can reduce the effectiveness of some treatment technologies. The regulations therefore include a special provision in section 12: a vessel with an installed management system is deemed to comply for ballast taken on in the Great Lakes Basin or the eastern St. Lawrence River, as long as listed conditions are met. These include holding a valid certificate and following the manufacturer's instructions.

Vessels arriving in Canadian fresh waters from other countries, other than from U.S. Great Lakes waters, are expected to keep exchanging ballast and use a management system. Vessels on international voyages that use a system must also exchange ballast and carry out saltwater flushing before operating in the Canadian fresh waters listed in TP 13617.

United States requirements

The United States has not joined the Convention. Its ballast regime developed through domestic law:

• National Invasive Species Act of 1996. Congress passed it to regulate ballast water discharges.
• U.S. Coast Guard regulations (2012), 33 CFR part 151 subpart D. The rules apply to non-recreational U.S. and foreign vessels with ballast tanks operating in U.S. waters, with exemptions such as armed forces vessels and vessels operating only within a single Captain of the Port zone (ss. 151.2010 to 151.2020). Each vessel must keep a vessel-specific ballast water management plan covering safety procedures, implementation actions, sediment removal, coordination with Coast Guard authorities, the responsible officers and reporting procedures (s. 151.2050(g)). The discharge standard in s. 151.2030(a) is fewer than 10 organisms per cubic metre for organisms of 50 micrometres or more, fewer than 10 organisms per millilitre for organisms from 10 to under 50 micrometres, and, for indicator microorganisms, less than 1 colony-forming unit (cfu) per 100 mL of toxicogenic Vibrio cholerae, fewer than 250 cfu per 100 mL of Escherichia coli and fewer than 100 cfu per 100 mL of intestinal enterococci.
• EPA Vessel General Permit (2013). Issued under the Clean Water Act, it applies to commercial vessels 79 feet (24 metres) or longer.
• Vessel Incidental Discharge Act (VIDA). VIDA changes the structure. The EPA is to set national standards of performance for incidental discharges, and the Coast Guard is to write the implementing, compliance and enforcement regulations. In 2024 the EPA published a final rule on the national standards. Once both sets of rules are final and enforceable, states are preempted from setting more stringent discharge standards, subject to petition processes.

VIDA covers ballast water from non-recreational vessels shorter than 79 feet and from fishing vessels of any size, and all discharges from vessels of 79 feet and longer. EPA, the Maritime Administration and the Great Waters Research Collaborative are researching and piloting ballast water management systems for vessels that operate only within the Great Lakes and Lake Champlain.

Canada and the United States working together

Transport Canada states that the two countries cooperate through the Great Lakes Water Quality Agreement to keep their ballast rules compatible. The Agreement was first passed in 1972 and has been amended several times, most recently in 2012. U.S. vessels moving only between U.S. Great Lakes ports are not regulated by Canada unless they carry out business in Canada that involves taking on or releasing ballast water. Vessels trading between the two countries therefore face two regimes that are broadly aligned in aim but differ in legal structure.

Comparison of the three frameworks

Chronology

Status in 2025 and 2026

The Ballast Water Regulations remain the operative Canadian instrument, and the 2024 D-2 date has passed for most existing vessels. The next scheduled milestone is 8 September 2030, for the narrower group of older vessels. In the United States, the EPA published its final rule on national standards under VIDA in 2024.

Frequently asked questions

Is the Ballast Water Control and Management Regulations still in force in Canada?

No. The Ballast Water Control and Management Regulations (SOR/2011-237) were repealed by section 27 of the Ballast Water Regulations (SOR/2021-120), registered on 4 June 2021. References to the older name in documents or reports usually point to the earlier regime, and current obligations are found in the 2021 text published on the Justice Laws Website.

What is the D-2 standard?

D-2 is the treatment standard of the IMO Ballast Water Management Convention. It requires a ship to treat ballast water with an approved management system so that only small numbers of viable organisms remain at discharge. It applies to new ships from 8 September 2017 and to existing ships by 8 September 2024, tied to certificate renewal. Canada applies it through the 2021 regulations, and the Convention expresses it as agreed numbers of organisms per unit of volume.

Does Canada still require ballast water exchange?

In some cases, yes. Section 14 allows exchange at least 200 nautical miles from land in water at least 2,000 metres deep, or in designated alternate areas. For Canadian fresh waters listed in TP 13617, vessels using the performance standard must generally have exchanged ballast first (section 15), and tanks with residual amounts require saltwater flushing under section 16.

Why are the Great Lakes and the St. Lawrence treated differently?

Transport Canada explains that cold, fresh, sediment-laden water there is hard to treat. Section 12 therefore deems ballast taken on in the Great Lakes Basin or eastern St. Lawrence River compliant when a management system is installed and used as the manufacturer directs, along with other listed conditions. The region has also seen major past introductions, such as the zebra mussel.

Is the United States a party to the IMO convention?

No. Transport Canada states that the United States has not joined the Convention. The U.S. regulates ballast water through the National Invasive Species Act of 1996, Coast Guard regulations first issued in 2012 (33 CFR part 151), the EPA Vessel General Permit of 2013 and the Vessel Incidental Discharge Act. Canada and the United States align approaches through the Great Lakes Water Quality Agreement.

Which vessels are outside the Canadian rules?

Section 3(3) excludes, among others, state-owned non-commercial vessels, vessels carrying only permanent ballast in sealed tanks, and certain non-party vessels that operate only in the Great Lakes Basin. U.S. vessels moving only between U.S. Great Lakes ports are not regulated by Canada unless they take on or release ballast in Canadian business activity.

What must a ship submit when heading to a Canadian port?

The master of a vessel bound for a Canadian port, offshore terminal or anchorage must submit the Canadian Ballast Water Reporting Form (section 24). Vessels also need a valid International Ballast Water Management Certificate, or for non-party flag states an official document certifying Convention compliance, plus an approved management plan and a record book.