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

101. For the purposes of this Part, the Marine Technical Review Board established under section 26 of the Act may exercise the powers of the Administration under regulations 4 and 5 of Chapter I of SOLAS.

• 102. (1) No person shall consign to be loaded on a vessel in Canadian waters a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

• (2) The authorized representative and the master of a vessel in Canadian waters, and every agent charged with loading a vessel in Canadian waters, shall not cause or permit to be loaded on the vessel a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

• (3) If the exact mass of the package or object would be difficult to ascertain because of its nature, an approximate mass may be marked accompanied by the word “approximate” or “approximatif”, or a reasonable abbreviation.

103. This Division applies in respect of loading and carrying cargo other than bulk cargo or dangerous goods.

• 104. (1) Every shipper of cargo to be loaded in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

• (2) Every person who packs cargo shall comply with regulations 5.2 and 5.5 of Chapter VI of SOLAS.

• (3) The master of a vessel shall ensure that the requirements of regulations 5.1, 5.3 and 5.4 of Chapter VI of SOLAS are met.

• 105. (1) The master of a vessel engaged on or about to engage on a voyage shall ensure that the requirements of regulation 5.6 of Chapter VI of SOLAS are met and keep on board the Cargo Securing Manual referred to in that regulation unless

  • (a) the vessel is a Canadian vessel engaged or about to engage on a sheltered waters voyage or a near coastal voyage, Class 2; or

  • (b) the vessel is engaged or about to engage on an inland voyage.

• (2) For the purposes of regulation 5.6 of Chapter VI of SOLAS, the Minister shall, on application, approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code.

• 106. (1) The following definitions apply in this Division.

  “BC Code”

  “BC Code” means sections 1 to 12, except for 3.1.1, and Appendices 1 to 3 and 6, 7 and 9 to the Code of Safe Practice for Solid Bulk Cargoes, published by the IMO. (Recueil BC)

  “concentrates”

  “concentrates” means materials that are obtained from a natural ore by a process of enrichment or benificiation by physical or chemical separation and removal of unwanted constituents. (concentrés)

  “dangerous goods”

  “dangerous goods” means materials that are covered by the IMDG Code and are solid bulk cargo. (marchandises dangereuses)

  “double-side skin”

  “double-side skin” means, in respect of a vessel, that each side of the vessel is constructed by the side shell and a longitudinal bulkhead that connects the double bottom and the deck. Hopper side tanks and top-side tanks may, if fitted, be integral parts. (double muraille)

  “incompatible”

  “incompatible”, in respect of two or more kinds of goods, means that the goods may react dangerously when mixed. (incompatible)

  “length”

  “length”, in respect of a vessel, means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline if that is greater. In vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur)

  “single-side skin construction”

  “single-side skin construction”, in respect of vessel, means that

  • (a) any part of a cargo hold is bounded by the side shell; or

  • (b) one or more cargo holds are bounded by a double-side skin with a width measured perpendicular to the side shell of less than 760 mm in vessels constructed before January 1, 2000 and less than 1 000 mm in vessels constructed on or after January 1, 2000 but before July 1, 2006. (muraille simple)

  “solid bulk cargo”

  “solid bulk cargo” means any bulk cargo other than liquid or gas. (cargaison solide en vrac)

  “space”

  “space” means an enclosed space in a vessel. (espace)

• (2) If dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall be regarded as a single vessel for the purposes of this Division.

• (3) For the purposes of this Division, every reference to “competent authority”, “authority of the port of State” or “appropriate authority” in the BC Code means

  • (a) in the case of a vessel in Canadian waters or a Canadian vessel in international waters, the Minister;

  • (b) in the case of a vessel in the waters of a foreign state, the government of that state; and

  • (c) in the case of a foreign vessel in international waters, the government of the state whose flag the vessel is entitled to fly.