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

119. (1) This section applies in respect of vessels that load concentrates for export to a place that is not within the limits of an inland voyage.

(2) No vessel in Canadian waters shall load concentrates 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.

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

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

• (b) the requirements of the BC Code that apply before loading are met;

• (c) the documents referred to in subsection 115(3) are on board;

• (d) the vessel’s master is familiar with the hazards that can occur as a result of concentrate oxidation; and

• (e) the vessel is in fit condition to carry concentrates in the holds in which they are to be loaded.

(4) The Minister may, for the purpose of ensuring compliance with sections 108, 109, 115 and 118, specify the following terms and conditions in a Certificate of Readiness to Load:

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

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

• (c) the manner in which the concentrates are to be distributed so as not to overstress the vessel’s structure under standard loading conditions;

• (d) the stowage factor used in the stability calculation for the concentrates; and

• (e) the trimming and levelling required.

(5) 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 master a written statement setting out those requirements.

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 BC 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.

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”.