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

211. (1) Despite paragraph 210(1)(a), the fumigator-in-charge may begin fumigating cargo or permit it to begin when there are crew members on board the vessel who are not engaged in the fumigation or in the care of the vessel if

• (a) the fumigator-in-charge has inspected the space in which the cargo is located and has advised the vessel’s master in writing that during the fumigation no fumigant is likely to leak from the space containing the cargo and into a space that is ordinarily occupied by crew members; and

• (b) the space in which the cargo is located

  • (i) is not adjacent to a space that is ordinarily occupied by crew members, and

  • (ii) is separated by at least two gas-tight bulkheads from a space used by crew members.

(2) During a fumigation begun under subsection (1), the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2.

(3) If a test result shows that the concentration of a fumigant exceeds the applicable TLV, all persons on board the vessel who are not wearing the self-contained breathing apparatus required by paragraph 210(3)(d) shall immediately disembark.

(4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass

• (a) through the bulkhead; or

• (b) over the top, under the bottom or around either end of the bulkhead.

212. (1) After a space is fumigated, the fumigator-in-charge shall ensure that it is aerated.

(2) Before the aeration begins, the fumigator-in-charge shall advise the vessel’s master in writing of the location of the spaces that will be occupied by a crew member for the purpose of assisting in the aeration.

(3) A crew member may, subject to the direction of the fumigator-in-charge, board the vessel to assist in the aeration by opening the hatches of the vessel and operating generating and ventilation machinery if the crew member is wearing the self-contained breathing apparatus required by paragraph 210(3)(d).

(4) If a crew member assists in the aeration of a space, the fumigator-in-charge shall, as frequently as he or she determines it is necessary, conduct tests to measure the concentration of the fumigant in every space occupied by the member.

(5) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall wear the self-contained breathing apparatus required by paragraph 210(3)(d) or evacuate the space until a test result shows that the concentration of the fumigant does not exceed the applicable TLV.

213. (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel unless the vessel is gas-free.

(2) If the vessel is gas-free, the fumigator-in-charge shall issue a clearance certificate.

(3) Subject to Division 3, until a clearance certificate is issued, the vessel shall remain alongside.

(4) The vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance.