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

Fitness to Proceed Certificates

• 120 (1) No vessel that is carrying concentrates for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2).

• (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with concentrates if

  • (a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS and the requirements of the IMSBC Code are met;

  • (b) if a Certificate of Readiness to Load was issued under subsection 119(3), the vessel was loaded in accordance with the Certificate; and

  • (c) the vessel is fit to proceed to sea.

DIVISION 3Grain Cargo

Interpretation

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

  grain

  grain means wheat, corn, oats, rye, barley, rice, pulses and other seeds and the processed form of seeds whose behaviour is similar to that of seeds in their natural state. (grain)

  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)

• (2) For the purposes of this Division, the reference in A4 of the International Grain Code to “an equivalent accepted by the Administration in accordance with regulation I/5 of the International Convention for the Safety of Life at Sea, 1974, as amended” shall, in respect of Canadian vessels, be read as a reference to “a replacement granted by the Marine Technical Review Board under section 28 of the Canada Shipping Act, 2001 or an equivalent accepted by that Board under section 102 of the Cargo, Fumigation and Tackle Regulations”.

Application

122 This Division applies in respect of

• (a) Canadian vessels that are loading or carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage, a sheltered waters voyage or a near coastal voyage, Class 2;

• (b) vessels in Canadian waters that are loading or carrying grain in bulk that is for export to a place that is not within the limits of an inland voyage; and

• (c) foreign vessels in Canadian waters that are carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage.

Chapter VI of SOLAS and the International Grain Code

• 123 (1) Subject to section 125, the master of a vessel shall ensure that the requirements of regulation 3.1 of Chapter VI of SOLAS and the requirements of the International Grain Code are met.

• (2) Every shipper of grain to be loaded onto a vessel in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

Grain Loading Manuals and Documents of Authorization

• 124 (1) On application, the Minister shall approve a Canadian vessel’s grain loading manual if

  • (a) it includes the information referred to in sections 6.2 and 6.3 of the International Grain Code and that information can be used to ensure that the vessel meets the requirements of the Code; and

  • (b) it is in English or French.

• (2) On application, the Minister shall issue a document of authorization to a Canadian vessel if the vessel’s grain loading manual has been approved under subsection (1).

Alternative Requirements for Vessels in Certain Waters

• 125 (1) The master of a vessel may ensure that the requirements of subsection (2) are met in lieu of the requirements of sections 7 to 9 of the International Grain Code while the vessel is in the following waters and is proceeding to a port in those waters:

  • (a) the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W; or

  • (b) the waters bounded by the coast of the Province of British Columbia and the State of Washington and lying between a straight line drawn along the parallel of latitude 50° N from Vancouver Island to the Canadian mainland and a straight line drawn north from Cape Flattery to Vancouver Island.

• (2) The requirements referred to in subsection (1) are the following:

  • (a) the longitudinal strength of the vessel is not impaired;

  • (b) any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents are met;

  • (c) the forecast of the weather to be encountered on the voyage, provided by the appropriate national marine weather services, is checked and the vessel does not proceed when unusually adverse weather conditions are forecast;

  • (d) as many holds as possible are filled;

  • (e) upsetting moments are reduced to a minimum;

  • (f) all partly filled holds are trimmed level in the athwartship direction; and

  • (g) throughout the voyage, the initial metacentric height of the vessel exceeds, after correction for the free surface effects of liquids in tanks, each of the values determined by the following formulae:

    • (i) (upsetting moment × 3.73) / displacement, and

    • (ii) (upsetting moment × beam) / (displacement × freeboard).

• (3) For the purpose of paragraph (2)(d), a hold with a saucer is considered to be filled if it is temporarily secured by lining it with one layer of bagged grain or with other cargo that is tightly stowed and exerts at least the same pressure as a layer of bagged grain.

• (4) For the purpose of paragraph (2)(g), the upsetting moment for unsecured holds with no centreline division is the value obtained by the formula (0.0177 × L x B³) / SF and the upsetting moment for unsecured holds with a centreline division is the value obtained by the formula (0.0044 × L × B³) / SF

  where

  L

  is equal to the aggregate length of unsecured holds;

  B

  is equal to the moulded breadth of the vessel or the breadth of slack grain surface, whichever is lesser; and

  SF

  is the volume per unit weight of the grain.

Chapter XII of SOLAS

• 126 (1) The master of a Safety Convention vessel shall ensure that the vessel meets the requirements of regulation 6.4 of Chapter XII of SOLAS.

• (2) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel meets the requirements of regulation 11.1 of Chapter XII of SOLAS.

• (3) Subsection (2) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply in respect of the vessel.

• (4) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel meets the requirements of regulation 11.3 of Chapter XII of SOLAS.

Additional Requirements for a Particular Type of Vessel Before Loading

• 127 (1) The master of a vessel designed to carry liquid bulk cargoes shall ensure that grain is not loaded onto the vessel unless

  • (a) in each hold, the stripping line suction or one of the main cargo line suctions is enclosed by a box that is

    • (i) constructed of lumber that is at least 64 mm × 64 mm or another material that is at least as strong,

    • (ii) large enough to enclose a volume of at least 0.6 m³, and

    • (iii) fitted with drainage arrangements that are designed so that

      • (A) water outside the box drains towards the suction while grain is prevented from entering the box after the cargo is loaded, and

      • (B) if they have holes or spaces, the total area of the holes or spaces is at least six times the cross-sectional area of the suction pipe;

  • (b) each hold is fitted with

    • (i) a permanent undamaged sounding pipe that

      • (A) is fitted with a cap in good working order,

      • (B) is grain-tight,

      • (C) has an opening only at its upper and lower extremities, and

      • (D) extends from above the main deck level to a level not more than 75 mm above the vessel’s bottom plating, or

    • (ii) a temporary sounding pipe that

      • (A) is constructed of semi-rigid plastic tubing or another material that is similar in strength and flexibility,

      • (B) has an internal diameter of at least 38 mm, and

      • (C) meets the requirements of clauses (i)(A) to (D);

  • (c) all heating coils for the holds are cooled and drained of water and their valves secured closed by means of wire lashings;

  • (d) all main-deck pipeline valves are secured closed by means of wire lashings; and

  • (e) all sea valves for the holds are closed by inserting blanks adjacent to the valves or by securing the valves with chain lashings and padlocks.

• (2) The master shall ensure that grain is not loaded onto a vessel, other than one designed to carry liquid bulk cargoes, unless the bilges in every hold are free of extraneous material and can allow water outside the bilges to drain to the bilge suctions while preventing grain from entering the bilges.

Certificates of Readiness to Load

• 128 (1) No vessel in Canadian waters shall load grain except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec.

• (2) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if

  • (a) the applicable requirements of sections 123 and 125 to 127 are met;

  • (b) the documents required by regulations 2 and 7.2 of Chapter VI of SOLAS and section 3.1 of the International Grain Code are on board;

  • (c) the proposed loading would meet any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents;

  • (d) the vessel is in fit condition to carry grain in the holds in which it is to be loaded; and

  • (e) the Minister has

    • (i) received written approval for loading under paragraph 58(2)(a) of the Plant Protection Regulations, or

    • (ii) been advised under paragraph 58(2)(b) of the Plant Protection Regulations that inspection and approval of the vessel are not required.

• (3) The Minister may, for the purpose of ensuring compliance with sections 123 and 125 to 127, specify the following terms and conditions in a Certificate of Readiness to Load:

  • (a) the type of grain that may be loaded;

  • (b) the holds into which the grain may be loaded;

  • (c) the stowage factor used in the stability calculation for the grain; and

  • (d) the trimming and levelling required.

• (4) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements.

Fitness to Proceed Certificates

• 129 (1) No vessel that is carrying grain for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2).

• (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with grain if

  • (a) the applicable requirements of sections 123 and 125 to 127 are met;

  • (b) if a Certificate of Readiness to Load was issued under subsection 128(2), the vessel was loaded in accordance with the Certificate; and

  • (c) the vessel is fit to proceed to sea.

DIVISION 4Timber Deck Cargo

Interpretation

130 The following definitions apply in this Division.

timber

timber includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. (bois)

Timber Code

Timber Code means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991, published by the IMO. (Recueil de bois en pontée)

Application

131 This Division applies in respect of vessels that are 24 m or more in overall length and are loading or carrying timber on an uncovered part of a freeboard or superstructure deck for export or import.

Stability

• 132 (1) The master of a vessel shall ensure that the curve of minimum operational metacentric height versus draught described in regulation 25-8.1.1 of Chapter II-1 of SOLAS is not exceeded if the vessel

  • (a) is 100 m or more in subdivision length and was constructed on or after February 1, 1992; or

  • (b) is 80 m or more but less than 100 m in subdivision length and was constructed on or after July 1, 1998.

• (2) The master of a vessel that is less than 80 m in subdivision length shall ensure that the requirements of Appendix C to the Timber Code are met.

• (3) In this section, “subdivision length” has the same meaning as in regulation 25-2 of Chapter II-1 of SOLAS.

Timber Code

General

133 The master of a vessel shall ensure that the requirements of chapters 2 to 6 of the Timber Code, and Appendices A and B to the Code, are met.

Uprights

134 For the purpose of 4.2.1 of the Timber Code, uprights shall be fitted on a vessel that is within a seasonal winter load line zone and is loaded in a Canadian port within the period during which the winter load line is applicable if

• (a) the maximum height of the cargo above the weather deck exceeds 2.44 m; or

• (b) the maximum height of the cargo above the hatch cover exceeds 2.44 m or there are more than two tiers of bundles of lumber above the hatch cover.

Lashings and Components

• 135 (1) For the purpose of 4.5.1 of the Timber Code, all lashings used for the securing of timber shall be tested by a competent person to determine whether they

  • (a) meet the requirements of 4.1.2 of the Code;

  • (b) in the case of chains, have a link weld capable of a 90° cold bend without separation; and

  • (c) in the case of flexible steel wire ropes, are at least 16 mm in diameter.

• (2) For the purpose of 4.5.1 of the Timber Code, all components used for the securing of timber shall be tested by a competent person to determine whether they

  • (a) meet the requirements of 4.1.2.2 and 4.1.2.3 of the Code; and

  • (b) have a breaking strength of at least 14 100 kg.

• (3) For the purpose of 4.5.1 of the Timber Code, if lashings or components meet the requirements referred to in subsection (1) or (2), as the case may be, the competent person shall

  • (a) mark each of them in a distinctive manner that indicates the month and year of testing; and

  • (b) sign and issue a certificate that sets out

    • (i) the distinguishing mark,

    • (ii) a description of the lashings or components,

    • (iii) the date of testing,

    • (iv) the number of similar lashings or components tested on that date,

    • (v) the proof load,

    • (vi) the original breaking strength,

    • (vii) their name and

      • (A) if they are an employee, the name and address of their employer, or

      • (B) if they are not an employee, their address, and

    • (viii) the qualifications that qualify them as a competent person.

• (4) For the purpose of 4.5.1 of the Timber Code,

  • (a) the lashings and components in respect of which a certificate is issued under paragraph (3)(b) shall be re-tested by a competent person at least once every four years after the day on which the certificate is issued to determine whether or not they exhibit permanent deformation after having been subjected to a proof load of at least 40% of their original breaking strength; and

  • (b) if the lashings or components do not exhibit permanent deformation in the test, the competent person may sign and issue a certificate that sets out the information specified in paragraph (3)(b).

• (5) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the diameter of a section of a lashing or component appears to be reduced by 5% or more from its original diameter, any certificate issued in respect of the lashing or component is invalid unless

  • (a) if the reduction is 10% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or

  • (b) if the reduction is more than 10%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its diameter, is tested by a competent person to destruction and has a breaking strength of at least 133 kN.

• (6) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the cross-sectional area of a section of a lashing or component appears to be reduced by 10% or more from its original area, any certificate issued in respect of the lashing or component is invalid unless

  • (a) if the reduction is 20% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or

  • (b) if the reduction is more than 20%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its cross-sectional area, is tested by a competent person to destruction and has a breaking strength of at least 133 kN.

• (7) For the purpose of 4.5.1 of the Timber Code, any certificate issued in respect of a web lashing is invalid if when a visual examination under 4.5.3 of the Timber Code or section 138 is made it appears that

  • (a) the length of an edge cut exceeds the lashing’s thickness;

  • (b) the depth of an abrasion is more than 15% of the lashing’s thickness, taken as a proportion of all plies;

  • (c) the total depth of abrasions on both sides of the lashing is more than 15% of the lashing’s thickness, taken as a proportion of all plies;

  • (d) the depth of the warp thread damage is 50% or less of the lashing’s thickness and the damage

    • (i) is within 25% of the width of the lashing from its edge, or

    • (ii) is over an area that is more than 25% of the lashing’s width;

  • (e) the depth of the warp thread damage is more than 50% of the lashing’s thickness and the damage

    • (i) is within 25% of the width of the lashing from its edge, or

    • (ii) is over an area that is more than 12.5% of the lashing’s width;

  • (f) weft thread damage allows warp threads to separate over an area that is wider than 25% of the lashing’s width and longer than twice its width;

  • (g) any part of the lashing is melted, charred or damaged by chemicals;

  • (h) load-bearing stitches are broken or worn; or

  • (i) the web-lashing is damaged in such a way that the total effect of the damage on the lashing is approximately the same as the effect of any of the types of damage referred to in paragraphs (a) to (h).

• (8) In this section, competent person means a professional engineer or a person with similar qualifications.