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

Regulations are current to 2012-05-14 and last amended on 2008-07-01. Previous Versions

Application

107. This Division applies in respect of loading, carrying and unloading solid bulk cargo other than grain.

General

Chapter VI of SOLAS and the BC Code

  • 108. (1) The master of a vessel shall ensure that the requirements of the following are met:

    • (a) regulation 3.1 of Chapter VI of SOLAS;

    • (b) Part B of Chapter VI of SOLAS, except in so far as the requirements apply to the terminal representative; and

    • (c) subject to section 117, the BC Code.

  • (2) Every terminal representative shall ensure that the requirements of Part B of Chapter VI of SOLAS that apply to terminal representatives are met.

  • (3) Regulation 7.2 of Chapter VI of SOLAS does not apply before January 1, 2011 in respect of a Canadian vessel that is not a Safety Convention vessel if the master has comprehensive information on the following:

    • (a) the effects of loading, carrying and unloading solid bulk cargo on the vessel’s stability; and

    • (b) the distribution of solid bulk cargo so as not to overstress the vessel’s structure under standard loading conditions.

  • (4) The master and the terminal representative shall ensure that the plan required by regulation 7.3 of Chapter VI of SOLAS contains the information required by Appendix 2 to the BLU Code. For vessels in respect of which subsection (3) applies, the plan need not contain the calculated values of maximum permissible bending moments and shear forces.

  • (5) The master shall keep a copy of the plan on board.

  • (6) For the purposes of this section in respect of loading or unloading a vessel in Canadian waters, the reference in Part B of Chapter VI of SOLAS to “the appropriate authority of the port State” shall be read as a reference to “the terminal operator”.

  • (7) In this section, “terminal representative” has the same meaning as in regulation 7.1 of Chapter VI of SOLAS.

Chapter XII of SOLAS

  • 109. (1) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulations 6.1.1 to 6.1.3 of Chapter XII of SOLAS

    • (a) in the case of a vessel constructed 17 years or more before the day on which this section comes into force, no later than the day on which this section comes into force; and

    • (b) in the case of a vessel constructed less than 17 years before the day on which this section comes into force, on the earliest of

      • (i) the seventeenth anniversary of the date of its construction,

      • (ii) the day on which this section comes into force if on or before that day and after the fifteenth anniversary of the date of its construction the vessel had a periodical inspection required by regulation 2 of Chapter XI of SOLAS, and

      • (iii) the day on which it has its first periodical inspection required by regulation 2 of Chapter XI of SOLAS after the fifteenth anniversary of the date of its construction if that day is after the day on which this section comes into force.

  • (2) The master of a Safety Convention vessel shall ensure that the vessel complies with regulation 6.4 of Chapter XII of SOLAS.

  • (3) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed on or after July 1, 1996 but before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 7.1 of Chapter XII of SOLAS.

  • (4) The authorized representative of a Safety Convention vessel shall ensure that the requirement of regulation 8.3 of Chapter XII of SOLAS is met.

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

  • (6) Subsection (5) 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.

  • (7) 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 complies with regulation 11.3 of Chapter XII of SOLAS.

  • (8) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 14 of Chapter XII of SOLAS, unless that regulation does not apply in respect of the vessel.