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

Regulations are current to 2019-06-20 and last amended on 2018-11-02. Previous Versions

PART 1Cargo (continued)

DIVISION 5Packaged Goods (continued)

Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer (continued)

Explosives Used for Marine Drilling and Blasting Operations
  •  (1) The master of a vessel that is engaged in marine drilling and blasting operations using explosives shall ensure that the requirements set out in subsections (2) to (15) are met.

  • (2) Explosives other than detonators

    • (a) shall not be carried on the vessel; and

    • (b) shall be stowed on an explosives-storage craft specially adapted for the carriage and stowage of explosives.

  • (3) The craft shall be moored securely to the vessel in a position that is remote from the drills and as far as possible from any navigable channel.

  • (4) The distance between the craft and the vessel shall be kept to a minimum to facilitate easy handling of the explosives.

  • (5) No person shall be on board the craft until the explosives are actually required.

  • (6) The craft shall be equipped with an efficient anchor that has sufficient line for use in case of an emergency.

  • (7) A sign reading “EXPLOSIVES” or “EXPLOSIFS” in letters that are at least 10 cm in height and displayed against a background of contrasting colour shall be displayed in a conspicuous position on the craft.

  • (8) If work is discontinued for more than 24 hours, all explosives remaining on the craft shall be moved ashore and placed in a magazine that is licensed under section 7 of the Explosives Act and meets the requirements of the Explosives Regulations.

  • (9) No person shall smoke or use naked lights or spark-producing equipment on the craft.

  • (10) Areas on the vessel where smoking or using naked lights or spark-producing equipment could create a fire or explosion hazard shall be identified and warning notices displayed in conspicuous places on board the vessel prohibiting the activity in those areas.

  • (11) Lightning conductors shall be fitted to wooden masts, and to steel masts if electrical conductivity of the rigging is defective, on the vessel and the craft. If the vessel or craft has a steel mast and the hull is made of steel, the mast shall be bonded to the hull.

  • (12) Detonators on the vessel shall be stowed in a locked box or cabinet remote from the drills.

  • (13) The armed charges shall be made ready only a few minutes before use and shall be stowed in a receptacle on the vessel.

  • (14) In each shift, one person shall be assigned to transfer the explosives from the craft to the vessel and another person shall be assigned to arm the charges.

  • (15) The two persons shall also be responsible for the mooring lines between the vessel and the craft and shall pay special attention to the lines while other vessels are navigating in the vicinity.

  •  (1) The master of a vessel used to transport explosives to an explosives-storage craft required by paragraph 160(2)(b) shall ensure that

    • (a) no person other than a member of the crew or a marine safety inspector referred to in section 11 of the Act is on board while the explosives are being carried;

    • (b) detonators are not carried on a voyage with other explosives;

    • (c) a red flag is displayed while explosives are on board at any time other than during the night;

    • (d) a red light that is visible all around the horizon is displayed while explosives are on board during the night and the vessel is not under way;

    • (e) there is no smoking or use of naked lights or spark-producing equipment on or in the vicinity of the vessel while explosives are being loaded or unloaded or on the open deck of the vessel when it is under way; and

    • (f) as drilling and blasting progress, explosives are loaded on the vessel at points along the shore that are away from dwellings and as close as possible to the craft.

  • (2) In this section, “night” includes the portion of the day extending from one-half hour after sunset until one-half hour before sunrise.

Inspection at the Request of an Interested Person

  •  (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with this Division shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with this Division if an interested person makes a request to the Department of Transport Marine Safety Office nearest to the vessel.

  • (2) The inspector shall provide a signed statement to the vessel’s master and the interested person

    • (a) specifying the name, registration number, port of registry and gross tonnage of the vessel;

    • (b) specifying the date of the inspection; and

    • (c) stating the results of the inspection.

  • (3) The interested person shall pay

    • (a) for an inspection, and for travelling time related to the inspection, that is carried out during the hours set out in column 1 of the table to this subsection, the greater of the fees set out in columns 2 and 3; and

    • (b) if the inspector is required to proceed to a place more than 16 km from his or her office, the cost of all the travel, lodging and meal expenditures of the inspector that he or she reasonably incurs.

    TABLE

    Column 1Column 2Column 3
    ItemHours of inspection and travelling timeFee per hour or fraction of an hour ($)Minimum fee ($)
    1Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday4545
    2Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday70140
    3Any hour on a Sunday99297
    4Other hours70210
  • (4) If the inspection and travelling time occur during hours that are set out in column 1 of more than one item of the table to subsection (3), the fee payable is the aggregate of the fees determined in respect of each applicable item.

  • (5) For the purposes of calculating the fee referred to in paragraph (3)(a), travelling time

    • (a) is the time required by the inspector to proceed by reasonable means of transportation between his or her office and the vessel; and

    • (b) is included only if

      • (i) the distance between the office and the vessel exceeds 16 km,

      • (ii) the travelling occurs at any time on a Saturday or holiday, or

      • (iii) the travelling occurs before 8:00 a.m. or after 5:00 p.m. on any day other than a Saturday or holiday.

Equivalents

 Dangerous goods are deemed to be packed, marked and documented in accordance with this Division if they are

Waste Manifests

 If the Interprovincial Movement of Hazardous Waste Regulations or the laws of a province in respect of the movement of waste require a manifest to be on board a vessel, its master shall ensure that the manifest is kept on board and is available for inspection.

[165 to 199 reserved]

PART 2Fumigation

Interpretation

 The following definitions apply in this Part.

aerate

aerate means to reduce or attempt to reduce the concentration of a fumigantl. (aérer)

alongside

alongside means alongside a wharf or quay. (Version anglaise seulement)

clearance certificate

clearance certificate means a certificate issued by a fumigator-in-charge or a marine chemist that certifies that a vessel or space is gas-free. (certificat d’attestation)

competent person

competent person means a person who has the knowledge and experience to safely and adequately perform the duties required by this Part of a fumigator-in-charge, including at least 150 hours of experience on board vessels under the supervision of a marine chemist or fumigator-in-charge in the use and operation of equipment that detects the presence of gas in the atmosphere. (personne compétente)

fumigant

fumigant means a pesticide that acts in a gaseous state to fumigate. (fumigant)

fumigation in transit

fumigation in transit means the fumigation on a vessel of bulk cargo, or of a space that contains bulk cargo, while

  • (a) the vessel is en route between two ports; or

  • (b) the vessel is in a Canadian port if it is the intention of the master to continue the fumigation after the vessel leaves the port. (fumigation en cours de route)

fumigator-in-charge

fumigator-in-charge means a competent person responsible for carrying out a fumigation. (spécialiste)

gas-free

gas-free, in respect of a space or a vessel, means that the presence of a fumigant cannot be detected in the space or the vessel by a fumigator-in-charge or another competent person using detection methods and equipment that are appropriate to the fumigant. (exempt de gaz)

marine chemist

marine chemist means a qualified person who

  • (a) is a graduate of a post-secondary educational institution and has

    • (i) successfully completed courses in chemical engineering,

    • (ii) successfully completed a general course with a major in chemistry, or

    • (iii) obtained a fellowship in the Chemical Institute of Canada; and

  • (b) has at least three years’ experience in chemical or engineering work after meeting the requirements of paragraph (a), of which at least 150 working hours were spent in ship-board work involving the testing of tank vessels and other vessels in the application of gas hazard control standards under the supervision of a person with at least 500 hours’ experience in that work. (chimiste de la marine)

Seaway

Seaway has the same meaning as in subsection 2(1) of the Canada Marine Act. (voie maritime)

space

space means an enclosed space on a vessel. (espace)

TLV

TLV, in respect of a fumigant, means the highest allowable concentration of the fumigant in a space to which a person may be exposed under this Part. (VLE)

 
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