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

SUBDIVISION 2Fumigation That Begins in a Canadian Port or Outside Canadian Waters

Application

222 This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if

• (a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or

• (b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.

Fumigant Detected in a Space That Is Likely to Be Occupied

• 223 (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master.

• (2) Every person in the space shall evacuate it.

• (3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.

Report of Danger

224 If persons on board a vessel are in serious and imminent danger as a result of the fumigation of the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.

Recording Tests

225 If a person conducts a test to determine whether a fumigant is present in a space, the vessel’s master shall record the date and results of the test in the vessel’s logbook.

Aeration

• 226 (1) If the vessel is under way, the vessel’s master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall ensure that any aeration of a space that was fumigated is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

• (2) The vessel’s master shall ensure that the aeration is carried out only if he or she determines that it is necessary for the safety of the crew or to meet an emergency that could affect the crew.

• (3) During the aeration, the master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

• (4) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2,

  • (a) the master shall direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant; and

  • (b) the aeration of the space shall not resume unless the master or, if a fumigator-in-charge is on board, the fumigator-in-charge determines that its resumption will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

DIVISION 4Arrival of Cargo That Has Been Fumigated in Transit

SUBDIVISION 1Unloading or Topping Off

Application

227 This Subdivision applies in respect of a foreign vessel in Canadian waters if it is carrying bulk cargo that has been fumigated in transit and any part of it is to be unloaded or topped off at a Canadian port.

Notice

228 No vessel shall enter Canadian waters until a notice has been sent to the Department of Transport Marine Safety nearest to the port to which the vessel is destined that sets out

• (a) the name of the vessel;

• (b) the name of the port;

• (c) the expected date of the vessel’s arrival in the port;

• (d) the nature of the cargo;

• (e) the name of the fumigant that was used to fumigate the cargo; and

• (f) the date on which the fumigation in transit began.

Entering Spaces

• 229 (1) No person shall enter a space that was fumigated unless a clearance certificate has been issued in respect of the space.

• (2) Subsection (1) does not apply to any person

  • (a) who is wearing a self-contained breathing apparatus that can protect them against any fumigant that is used for the fumigation and who is experienced and knowledgeable in the use of the apparatus; and

  • (b) who is wearing a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing such an apparatus.

Removal of Signs

• 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.

Conditions for Unloading and Topping Off

• 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.

SUBDIVISION 2When Cargo Is Not to Be Unloaded or Topped Off

Application

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.

Duty of Master

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.

Duties of Fumigator-in-charge

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.

Leakage of Fumigant

• 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.

Duties of Person Keeping Watch

• 236 (1) The person keeping watch shall not allow a person who is not a crew member and is not on the vessel’s business to board the vessel.

• (2) The person keeping watch shall ensure that any person who is not a crew member but is on the vessel’s business does not enter a space in respect of which a sign required by paragraph 234(a) is displayed.

If Cargo is Aerated

• 237 (1) If the vessel’s master directs that any of the cargo that was fumigated in transit be aerated, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall ensure that the aeration is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

• (2) During the aeration, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall conduct tests to measure the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

• (3) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, the master shall

  • (a) ensure that every person in the space

    • (i) wears self-contained breathing apparatus that can protect them against the fumigant, or

    • (ii) evacuates it until a test result shows that the concentration of the fumigant does not exceed the applicable TLV; or

  • (b) direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant until a fumigator-in-charge determines that the resumption of aeration will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

DIVISION 5Carriage of Cargo Transport Units That Have Been Fumigated

238 This Division applies in respect of cargo transport units of which the contents have been fumigated but not aerated before the units are loaded on board a vessel.

239 No person shall load a cargo transport unit onto a vessel unless

• (a) a competent person has determined that the concentration of fumigant is reasonably uniform throughout the unit; and

• (b) the vessel’s master has been informed that the contents of the unit have been fumigated.

• 240 (1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at a distance of at least 6 m from the crew accommodation, the passenger accommodation, if any, work areas and vessel ventilation intakes.

• (2) Despite subsection (1), a cargo transport unit may be stowed below deck in a vessel that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed if the vessel carries not more than 25 passengers or 1 passenger for every 3 m of the vessel’s overall length, whichever is greater.

241 If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the vessel’s master has notified the following of the vessel’s expected arrival at the port at least 24 hours before the vessel enters the port:

• (a) the Department of Transport Marine Safety Office nearest to the port; or

• (b) the harbour master at the port or, if there is no harbour master, the person responsible for the port.

[242 to 299 reserved]

PART 3Tackle

Interpretation

• 300 (1) The following definitions apply in this Part.

  accommodation ladder

  accommodation ladder means a means of access to and egress from a vessel that includes platforms on different levels with ladders between the platforms and that

  • (a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

  • (b) is hinged at its top; and

  • (c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

  cargo gear

  cargo gear includes lifting appliances and forklift trucks. (engins de manutention)

  category 1 lifting appliance

  category 1 lifting appliance means

  • (a) a crane, other than a mobile crane, installed on a vessel; or

  • (b) a derrick, a derrick crane or an elevator. (appareil de levage de catégorie 1)

  category 2 lifting appliance

  category 2 lifting appliance means a container crane, a rail-mounted or wharf crane with a safe working load of 10 tonnes or more, a sheerlegs or a shore-based shiploader. (appareil de levage de catégorie 2)

  category 3 lifting appliance

  category 3 lifting appliance means a rail-mounted or wharf crane with a safe working load of less than 10 tonnes or grain loading equipment. (appareil de levage de catégorie 3)

  category 4 lifting appliance

  category 4 lifting appliance means a mobile crane or any other mobile lifting-machine, other than a forklift truck, that has load radius restrictions similar to those of a mobile crane. (appareil de levage de catégorie 4)

  category 5 lifting appliance

  category 5 lifting appliance means a vehicle ramp installed on a vessel or a continuous loading or unloading system or appliance. (appareil de levage de catégorie 5)

  classification society

  classification society means the American Bureau of Shipping, Bureau Veritas (Canada), Det norske Veritas, Lloyd’s Register of Shipping, Germanischer Lloyd or, in respect of a foreign vessel, any similar organization recognized by or under the laws of the state whose flag the vessel is entitled to fly. (société de classification)

  Convention 152

  Convention 152 means the Convention Concerning Occupational Safety and Health in Dock Work, adopted by the International Labour Conference on June 25, 1979. (Convention 152)

  expert person

  expert person, in respect of a specified function, means a person who has the knowledge, training and experience to perform the function safely and properly. (expert)

  lifting appliance

  lifting appliance means a category 1 lifting appliance, a category 2 lifting appliance, a category 3 lifting appliance, a category 4 lifting appliance or a category 5 lifting appliance. (appareil de levage)

  loose gear

  loose gear means small cargo gear, such as rings, hooks, shackles, pulley blocks, links, swivels, chains, slings and wire pennants, that is not permanently attached to a lifting appliance or the vessel. It does not include wire rope, wire banding or flat steel strapping that unitizes cargo. (engins mobiles)

  main accessory gear

  main accessory gear means any cargo gear that is designed to be used with a lifting appliance, such as spreaders, container frames, probes, grabs, vacuum discs, friction clamps and heavy hooks. It does not include loose gear, wire rope, wire banding or flat steel strapping that unitizes cargo. (engins accessoires principaux)

  material

  material includes cargo, equipment, fittings, fuel and ships’ stores. (marchandises)

  material handling

  material handling means all or any part of the work of

  • (a) moving or handling material that is performed on board a vessel; or

  • (b) loading or unloading a vessel that is performed

    • (i) on board a vessel,

    • (ii) on a crib or structure that the vessel is alongside, or

    • (iii) onshore in Canada, in an area within the scope of any lifting appliance or other equipment that is employed in the loading or unloading of a vessel and in the immediate approaches to such an area, other than in a shed or warehouse or any part of a wharf forward or aft of the vessel’s mooring lines. (manutention de marchandises)

  pulley block

  pulley block includes a single- or multiple-sheave block, but does not include a crane block specially constructed for use with a crane to which it is permanently attached. (moufle)

  restricted vessel

  restricted vessel means a vessel that is prevented from heeling by means such as fittings that secure the vessel to the sea floor. (bâtiment restreint)

  Safety and Health in Ports

  Safety and Health in Ports means Safety and Health in Ports, published by the International Labour Office. (Sécurité et santé dans les ports)

  Safety Code on Mobile Cranes

  Safety Code on Mobile Cranes means CAN/CSA Standard Z150-98, Safety Code on Mobile Cranes, published by the Canadian Standards Association. (Code de sécurité sur les grues mobiles)

  safety factor

  safety factor means the number of times that a load can be increased before failure occurs. (coefficient de sécurité)

  SWL

  SWL means safe working load. (CMU)

  thorough examination

  thorough examination means, in respect of cargo gear or an accommodation ladder, a detailed visual examination supplemented, if necessary, by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and other means, in order to arrive at a reliable conclusion as to the safety of the gear or ladder. (examen approfondi)

  union purchase

  union purchase means a pair of derricks rigged in a fixed position with the cargo runners coupled. (colis volant)

  worker

  worker means any person engaged in material handling. (travailleur)

• (2) For the purposes of this Part, a competent person is

  • (a) in respect of the testing and thorough examination of cargo gear,

    • (i) a marine safety inspector referred to in section 11 of the Act,

    • (ii) a surveyor employed by a classification society, or

    • (iii) if the gear is part of a vessel’s equipment, a surveyor authorized by or under the laws of the state whose flag the vessel is entitled to fly to perform the testing and thorough examination;

  • (b) in respect of the testing and thorough examination of specific cargo gear, a person who has appropriate technical qualifications with respect to its testing or thorough examination and is employed by

    • (i) a testing laboratory, or

    • (ii) a person engaged in the manufacture or repair of the gear; and

  • (c) in respect of the thorough examination of cargo gear, a person who is employed by the owner of the gear and who

    • (i) holds a master certificate of competency, a chief mate certificate of competency or a first- or second-class engineer certificate of competency, or

    • (ii) has the experience necessary to perform the thorough examinations.

• (3) Until two years after the day on which this section comes into force a reference in this Part to “Convention 152” shall be read as a reference to “Convention 152 or the Convention Concerning the Protection Against Accidents of Workers Employed in Loading or Unloading Ships (Revised 1932), adopted by the International Labour Conference on April 27, 1932”.