Cargo, Fumigation and Tackle Regulations (SOR/2007-128)

Regulations are current to 2012-05-14 and last amended on 2008-07-01. Previous Versions

Cargo, Fumigation and Tackle Regulations

SOR/2007-128

CANADA SHIPPING ACT, 2001

Registration 2007-06-07

Cargo, Fumigation and Tackle Regulations

P.C. 2007-926 2007-06-07

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d), (e)Footnote a and (g)Footnote a and subsection 120(1) of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Cargo, Fumigation and Tackle Regulations.

INTERPRETATION

  • 1. (1) The following definitions apply in these Regulations.

    “Act”

    “Act” means the Canada Shipping Act, 2001. (Loi)

    “cargo transport unit”

    “cargo transport unit” means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon or a portable tank. (engin de transport)

    “IMO”

    “IMO” means the International Maritime Organization. (OMI)

    “Minister”

    “Minister” means the Minister of Transport. (ministre)

    “short-run ferry”

    “short-run ferry” means a vessel that regularly operates over the most direct water route between two points not more than 5 km apart and that is limited to the transport of unberthed passengers and of cargo transport units carried on an open vehicle deck. (traversier)

    “SOLAS”

    “SOLAS” means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS)

  • (2) For the purpose of interpreting a document incorporated by reference in these Regulations other than CAN/CSA Standard S826.1-01, Ferry Boarding Facilities, “should” shall be read to mean “shall”.

  • (3) For the purposes of these Regulations, every reference to “Administration” in a document incorporated by reference in these Regulations means

    • (a) in respect of a Canadian vessel, the Minister; and

    • (b) in respect of a foreign vessel, the government of the state whose flag the vessel is entitled to fly.

  • (4) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

APPLICATION

  • 2. (1) Except as otherwise provided in Parts 1 to 3, these Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

  • (2) These Regulations, other than section 102, do not apply in respect of

    • (a) pleasure craft; or

    • (b) vessels used for commercially catching, harvesting or transporting fish or other living marine resources unless the vessels are 24 m or more in length and their sole participation in those activities is in respect of the catch or harvest of other vessels or of aquaculture facilities.

  • (3) These Regulations do not apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.