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

• 152. (1) Every passenger shall keep off a closed vehicle deck on a vessel that is under way unless the passenger

  • (a) has received the express consent of the vessel’s master to enter the deck, if there are no packaged goods on the deck; or

  • (b) is accompanied by a crew member, if there are packaged goods on the deck.

• (2) Subsection (1) does not apply when passengers are directed to return to their vehicles before the vessel docks.

153. If a vessel or person is in serious and imminent danger by reason of an accident or incident that occurs during the loading, carriage or unloading of dangerous goods, the vessel’s master shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available.

• 154. (1) The master of a vessel shall ensure that packaged goods are safeguarded and handled carefully while they are being loaded onto, carried by and unloaded from the vessel.

• (2) If packaged goods are to be loaded onto or unloaded from a vessel, its master shall ensure that an officer of the vessel or a person designated by its authorized representative is present while the goods are loaded or unloaded and while the holds of the vessel are open.

• (3) Before commencing any voyage, the master of a tug who takes charge of an unoccupied barge carrying packaged goods shall ensure, to the extent that it is feasible, that the goods are carried in accordance with the IMDG Code.

• (4) Subject to section 151, every person who is on or in the vicinity of a vessel carrying packaged goods or who is on board when packaged goods are being loaded or unloaded shall take the measures specified in the general precautions and the general provisions in the IMDG Code in respect of the activities in which they are engaged.

• 155. (1) At least 24 hours before 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, are loaded onto or unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place:

  • (a) the Department of Transport Marine Safety Office nearest to that location; and

  • (b) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port.

• (2) No person shall load onto or unload from a vessel 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, unless

  • (a) not more than 20 000 kg, net explosives quantity, are loaded or unloaded by driving a single vehicle that is being operated under an Explosives Transportation Permit issued under section 52 of the Explosives Regulations directly aboard a ro-ro cargo vessel immediately before departing or ashore immediately after arrival on a last-on, first-off basis, and the conditions set out in section 65 of those Regulations are met; or

  • (b) an inspector within the meaning of section 2 of the Explosives Regulations has inspected the wharf or port facility where the explosives are to be loaded or unloaded and has determined that the wharf or facility meets, for the quantity of explosives, the Quantity Distance Principles that are applied in respect of the issuance of a licence under section 7 of the Explosives Act and set out in the Quantity Distance Principles User Manual, published by the Department of Natural Resources.

• (3) If explosives are loaded or unloaded under paragraph (2)(a), the maximum waiting time of the vehicle dockside shall not exceed 30 minutes and during that time the vehicle shall be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.