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

• 230. (1) When a clearance certificate has been issued in respect of a space, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

• (2) The master shall enter the date and time of the issuance of the clearance certificate and of the removal of the signs in the vessel’s logbook.

• 231. (1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the space where the cargo is located.

• (2) Every person who unloads or tops off the cargo shall use mechanical equipment that is controlled from outside the space in which the fumigation in transit was carried out.

• (3) Every person who operates the mechanical equipment shall do so on an open deck of the vessel windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators.

• (4) During the unloading or topping off of the cargo, no person shall enter the space from which it is being unloaded or topped off.

• (5) Despite subsection (4), a person may enter the space to service the mechanical equipment if they are at all times accompanied by a competent person who continuously measures the concentration of the fumigant at or near the place where the servicing takes place.

• (6) If the concentration of a fumigant set out in column 1 of Schedule 2 in a space exceeds one half of the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that can protect them against the fumigant.

232. This Subdivision applies in respect of a foreign vessel if it is carrying bulk cargo that has been fumigated in transit and enters a Canadian port for a purpose other than the unloading or topping off of any of that cargo.

233. The master of a vessel shall ensure that a fumigator-in-charge boards the vessel immediately after it is moored in a Canadian port.

234. The fumigator-in-charge shall, as soon as feasible,

• (a) display near the gangways and near the entrances that lead to a space in which cargo has been fumigated a sign that meets the requirements of paragraph 210(1)(b);

• (b) post a person to keep watch at each place where the vessel can be boarded while it is moored; and

• (c) conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which the cargo has been fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo has been fumigated is sufficiently high during the testing to detect leakage.

• 235. (1) If the fumigator-in-charge determines that a fumigant is leaking into a space that is likely to be occupied by any person, the vessel shall not leave the port until

  • (a) the fumigator-in-charge ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

  • (b) the fumigator-in-charge issues a clearance certificate in respect of the space into which the fumigant was leaking.

• (2) If, after conducting the initial tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo was fumigated.