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Tackle Regulations (C.R.C., c. 1494)

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Regulations are current to 2020-07-28 and last amended on 2007-07-01. Previous Versions

Tackle Regulations

C.R.C., c. 1494

CANADA SHIPPING ACT, 2001

Regulations Respecting the Protection Against Accident of Workers Employed in Loading or Unloading Ships

Short Title

 These Regulations may be cited as the Tackle Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Canada Shipping Act; (Loi)

    approved

    approved means approved by the Board; (approuvé)

    Board

    Board means the Board of Steamship Inspection created pursuant to Part VIII of the Act; (Bureau)

    cargo gear

    cargo gear means any gear or appliance used in the processes; (engin de manutention)

    Chairman

    Chairman means the Chairman of the Board; (président)

    Class A gear

    Class A gear means gear made from wrought iron, or from mild steel that contains less than 0.20 per cent carbon; (engin classe A)

    Class B gear

    Class B gear means gear made from mild steel that contains not less than 0.20 per cent carbon, or from alloy steel; (engin classe B)

    fixed cargo gear

    fixed cargo gear means ships’ cranes, winches and other hoisting appliances, derrick booms, derricks and mast bands, goose-necks, eyebolts and all other permanent attachments to any part of a ship used in connection with the processes, also shore cranes and other shore based appliances employed in loading or unloading a ship; (engins de manutention fixes)

    hatch

    hatch means an opening in a deck used for the purpose of the processes or for trimming or ventilation; (écoutille)

    hatchway

    hatchway means the whole space within the square of the hatches, from the top deck to the bottom of the hold; (passage d’écoutille)

    heat treatment

    heat treatment means either annealing or normalizing as described in Schedule II; (traitement thermique)

    inspector

    inspector means an inspector of Ship’s Tackle appointed pursuant to Part VIII of the Act; (inspecteur)

    lifting machinery

    lifting machinery means any fixed cargo gear used in hoisting or lowering; (appareils de levage)

    Minister

    Minister means the Minister of Transport; (ministre)

    officer in charge

    officer in charge means the person, other than the master, in charge of a ship; (officier responsable)

    prescribed

    prescribed means prescribed by the Board; (prescrit)

    processes

    processes means all or any part of the work of loading, unloading, moving or handling cargo, bunker coal, ship’s stores, ship and cargo fittings, performed

    • (a) on board a ship,

    • (b) on shore in an area within the scope of any derrick, crane or other equipment employed in loading or unloading a ship and in the immediate approaches to such an area not including any shed or warehouse or any part of a wharf forward or aft of the ship’s mooring lines,

    • (c) on board any floating crane or other floating hoisting equipment, or

    • (d) on board any barge, scow, raft or crib alongside a ship; (opérations)

    pulley block

    pulley block means pulley block, gin and similar gear, other than a crane block specially constructed for use with a crane to which it is permanently attached; (poulie)

    union purchase

    union purchase means a rig in which a pair of derricks is used in combination, the derricks being fixed and the cargo runners coupled, such rig being otherwise known as coupled derricks, married falls or burtoning; (manoeuvre en colis volant)

    wharf

    wharf means any wharf, dock, pier, quay or similar place at which the processes are carried on; (quai)

    worker

    worker means any person employed in the processes; (travailleur)

    working place

    working place means a place where the processes are carried on. (lieu de travail)

  • (2) [Repealed, SOR/2007-128, s. 400]

  • SOR/2007-128, s. 400

Application

  •  (1) Subject to subsection (2), these Regulations apply to

    • (a) any ship engaged in loading or unloading, or handling cargo, bunker coal, ship’s stores and ship and cargo fittings in Canada;

    • (b) any shore based derrick, crane or other loading or unloading equipment and any gear attached to that equipment when the equipment is being used in the processes; and

    • (c) any area on shore that is within the scope of any derrick, crane or other hoisting equipment used in loading or unloading a ship and the immediate approaches to such an area not including any sheds or warehouses or any part of a wharf forward or aft of the ship’s mooring lines.

  • (2) These Regulations do not apply to

    • (a) any fishing vessel; or

    • (b) any ship, where on account of the small quantity of cargo handled at any time it is not necessary to employ more than 10 workers in the processes and where the weight hoisted at any one time does not exceed 455 kg.

  • SOR/79-784, s. 1

 Notwithstanding anything contained in these Regulations, the Board may, if satisfied that it can with propriety do so, exempt any ship or owner of cargo gear from full compliance with any of the requirements of these Regulations.

PART ICompliance

  •  (1) Except as provided in subsection 11(4), the owner, master or officer in charge of a ship shall comply with Part III.

  • (2) [Repealed, SOR/2007-128, s. 401]

  • (3) Every person who by himself, his agents or workers carries on the processes, and all persons employed by him in the processes, shall comply with Part V.

  • (4) The owner, master or officer in charge of a ship shall comply with section 42 so far as it concerns

    • (a) any hatch not taken over by the persons, agents, workers or persons employed for the purposes of the processes, and

    • (b) any hatch that, after having been taken over by the persons, agents, workers or persons employed, for the purposes of the processes,

      • (i) has been reported by written notice, in the prescribed form, to the owner, master or officer in charge of the ship, by or on behalf of the persons, agents, workers or persons employed, as being a hatch at which the processes have been completed, or completed for the time being, and

      • (ii) has been left by the said persons, agents, workers or persons employed, fenced and covered as required by section 42, or has been taken into use by or on behalf of the owner of the ship, and in either case has been reported by the written notice referred to in subparagraph (i),

    and the said owner, master or officer in charge of the ship shall give immediately a written acknowledgement, in the prescribed form, of the written notice referred to in paragraph (b).

  • SOR/2007-128, s. 401

PART IILife Saving Equipment Required

  •  (1) Where a ship is loading or unloading from or to a boom, raft or crib, the employer of the workers engaged in the processes shall keep in the water as near as practicable to the working place, a life saving boat equipped with oars, a boat hook, and an approved lifebuoy having 27 m of heaving line attached thereto.

  • (2) Where the speed of the current in the water where the loading or unloading from or to a boom, raft or crib is being carried on is three knots or more, the life saving boats referred to in subsection (1) shall, in addition to the equipment mentioned in that subsection, be manned and fitted with a motor.

  • SOR/79-784, s. 2

 Where a ship is loading or unloading from or to an unfenced open scow or a fenced scow where the fencing does not extend to at least 760 mm above the load, the employer of the workers engaged in such loading or unloading

  • (a) shall provide on or near the scow, at least one approved lifebuoy having 27 m of line attached thereto; and

  • (b) where the speed of the current in the water is three knots or more, shall keep in the water, as near as practicable to the working place, a manned life saving boat fitted with a motor and equipped with oars and a boat hook.

  • SOR/79-784, s. 3
 
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