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

• 220. (1) Section 219 does not apply if a fumigator-in-charge is on board the vessel when it leaves the port and remains on board

  • (a) for at least 24 hours;

  • (b) until he or she determines that

    • (i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that he or she could detect whether any of the fumigant is leaking from the space,

    • (ii) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free, and

    • (iii) there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h); and

  • (c) for any additional period that he or she determines is necessary in the circumstances.

• (2) The fumigator-in-charge or a competent person acting under his or her direction shall conduct any periodic tests in the vessel that the fumigator-in-charge determines are reasonably necessary to ascertain whether any fumigant is leaking from a space that is being fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high during the testing to detect leakage.

• (3) The tests shall be conducted

  • (a) at least every eight hours, with the first test beginning when the vessel leaves the place where the fumigation began; and

  • (b) in a manner that will indicate whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a crew member.

221. The fumigator-in-charge shall not leave the vessel unless

• (a) the concentration of the fumigant in a space that is being fumigated was sufficiently high that he or she could have detected whether any of the fumigant was leaking from the space;

• (b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free;

• (c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board;

• (d) there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 218(1)(b) to detect the presence of a fumigant in a space during the voyage; and

• (e) he or she has notified the vessel’s master in writing that the responsibility for carrying out the fumigation rests with the master.

222. This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if

• (a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or

• (b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.

• 223. (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master.

• (2) Every person in the space shall evacuate it.

• (3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.