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

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 IMSBC 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 IMSBC 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.

Dangerous Goods

Chapters VI and VII of SOLAS and the IMSBC Code

• 110 (1) The master of a vessel shall ensure that the requirements of regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS are met.

• (2) Every company shall ensure that the requirements of regulation 7-4.2 of Chapter VII of SOLAS are met in respect of its vessels.

• (3) Every person on or in the vicinity of a vessel that is carrying dangerous goods or onto or from which dangerous goods are being loaded or unloaded shall take the measures specified in respect of those goods in the IMSBC Code with respect to the activities in which they are engaged.

• (4) The master of a tug who takes charge of an unoccupied barge carrying dangerous goods shall, before commencing any voyage,

  • (a) ensure, to the extent that it is feasible, that the goods are carried in accordance with Part B of Chapter VI of SOLAS, regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS and the IMSBC Code; and

  • (b) be in possession of the documents required by section 115 in respect of those goods.

General Precautions

• 111 (1) Every person on a vessel who enters either a cargo space containing dangerous goods or a space adjacent to that cargo space shall

  • (a) comply with the requirements of the IMSBC Code regarding wearing self-contained breathing apparatus;

  • (b) be aware of the potential dangers in entering the space that are described in the IMSBC Code; and

  • (c) be under the supervision of a vessel’s officer designated by the master.

• (2) If dangerous goods are to be loaded onto or unloaded from a vessel, its master shall ensure that an officer of the vessel or a person designated by its authorized representative is present while the goods are loaded or unloaded and while the cargo spaces are open.

• (3) The master of a vessel carrying dangerous goods shall determine the areas on the vessel where smoking or using naked lights or spark-producing equipment could create a fire or explosion hazard and display warning notices in conspicuous places on board the vessel prohibiting the activity in those areas.

• (4) Before dangerous goods are loaded into a cargo space, the master shall ensure that

  • (a) the space is cleaned of all loose debris, dunnage and oil residue and is dry; and

  • (b) the bilges in the space are substantially dry and free from extraneous material and can allow water outside the bilges to drain to the bilge sections while preventing the cargo from entering the bilges.

Incompatible Goods

• 112 (1) No person shall simultaneously load or unload

  • (a) incompatible dangerous goods; or

  • (b) dangerous goods and other goods that are incompatible with them.

• (2) The person in charge of loading incompatible dangerous goods shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods.

• (3) The person in charge of loading dangerous goods and other goods that are incompatible with them shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods.

• (4) If the unloading of incompatible dangerous goods is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed.

• (5) If the unloading of dangerous goods and other goods that are incompatible with them is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed.

• (6) The person in charge of loading incompatible dangerous goods shall ensure that they are segregated in accordance with the IMSBC Code.

Dangerous Goods and Packaged Goods

113 If dangerous goods are to be carried with packaged goods, the person in charge of loading the goods shall ensure that they are segregated in accordance with the IMSBC Code.

Ammonium Nitrate and Ammonium Nitrate Based Fertilizer

• 114 (1) No person shall load or unload

  • (a) ammonium nitrate; or

  • (b) more than 10 000 tonnes of ammonium nitrate based fertilizer.

• (2) At least 24 hours before 150 tonnes or more of ammonium nitrate based fertilizer are to be loaded onto or unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place:

  • (a) the Department of Transport Marine Safety Office nearest to that location; and

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

• (3) The notification shall confirm that the fertilizer is considered to be free from the hazard of self-sustaining decomposition when tested in accordance with section 4 of Appendix 2 to the IMSBC Code.

• (4) The harbour master at the port or, if there is no harbour master, the person responsible for the port at the location where loading or unloading ammonium nitrate based fertilizer will take place shall ensure that information in respect of fire prevention, emergency procedures, storage, cleanliness and separation from contaminants and other dangerous goods is available at the location.

Documentation

• 115 (1) Every shipper of solid bulk cargo to be loaded onto a vessel in Canadian waters shall comply with

  • (a) regulation 2 of Chapter VI and regulation 10 of Chapter XII of SOLAS;

  • (b) section 4 of the IMSBC Code; and

  • (c) the provisions, if any, with respect to that cargo that are set out in a schedule to Appendix 1 to the IMSBC Code and that apply to the shipper.

• (2) If the shipper does not provide a vessel’s master with the documents required to comply with subsection (1), the vessel’s authorized representative and its master shall refuse to carry the cargo.

• (3) While solid bulk cargo is carried on a vessel, the vessel’s master shall keep on board

  • (a) the documents required to comply with the provisions referred to in paragraphs (1)(a) to (c);

  • (b) the IMSBC Code; and

  • (c) if the cargo is dangerous goods, the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO.

• (4) Despite subsection (3), if the cargo is carried on an unoccupied vessel that is under tow, the master of the towing vessel shall keep the documents on board the towing vessel.

• (5) If the cargo is carried on an unoccupied vessel that is not under tow, the person in charge of the unoccupied vessel shall ensure that the documents are kept on it in a manner that will keep them clean and dry and readily accessible for inspection.

• (6) The master of a vessel carrying solid bulk cargo other than dangerous goods shall keep on board a document, such as a detailed stowage plan, that lists the cargo by its bulk cargo shipping name and sets out its location.

• 115.1 (1) For the purpose of complying with paragraph 115(1)(b) and section 4.3.3 of the IMSBC Code, a shipper shall,

  • (a) before implementing their procedures for sampling, testing and controlling the moisture content of cargo, request that the Minister perform an initial verification of these procedures;

  • (b) before the first anniversary date of the most recent letter of approval issued under paragraph (4)(a), request that the Minister perform an intermediate verification of the procedures for which the letter of approval was issued; and

  • (c) before the expiry date of the most recent letter of approval issued under paragraph (4)(a) or (c), request that the Minister perform a renewal verification of the procedures for which the letter of approval was issued.

• (2) If a shipper modifies the procedures for which a letter of approval has been issued under paragraph (4)(a) or (c), the shipper shall, before implementing the modified procedures, request that the Minister perform an initial verification of these procedures.

• (3) On request by a shipper, the Minister shall perform the requested verification.

• (4) The Minister shall

  • (a) issue a letter of approval to a shipper if, following an initial verification, the Minister is satisfied that the shipper’s procedures comply with the applicable provisions of the IMSBC Code;

  • (b) endorse a letter of approval issued under paragraph (a) if, following an intermediate verification, the Minister is satisfied that the procedures for which the letter of approval was issued are being properly implemented by the shipper; or

  • (c) issue a letter of approval to a shipper if, following a renewal verification, the Minister is satisfied that the shipper’s procedures comply with the applicable provisions of the IMSBC Code in force at the time of the renewal verification and are being properly implemented by the shipper.