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 2Solid Bulk Cargo Other Than Grain

Interpretation

  •  (1) The following definitions apply in this Division.

    BC Code

    BC Code means sections 1 to 12, except for 3.1.1, and Appendices 1 to 3 and 6, 7 and 9 to the Code of Safe Practice for Solid Bulk Cargoes, published by the IMO. (Recueil BC)

    concentrates

    concentrates means materials that are obtained from a natural ore by a process of enrichment or benificiation by physical or chemical separation and removal of unwanted constituents. (concentrés)

    dangerous goods

    dangerous goods means materials that are covered by the IMDG Code and are solid bulk cargo. (marchandises dangereuses)

    double-side skin

    double-side skin means, in respect of a vessel, that each side of the vessel is constructed by the side shell and a longitudinal bulkhead that connects the double bottom and the deck. Hopper side tanks and top-side tanks may, if fitted, be integral parts. (double muraille)

    incompatible

    incompatible, in respect of two or more kinds of goods, means that the goods may react dangerously when mixed. (incompatible)

    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)

    single-side skin construction

    single-side skin construction, in respect of vessel, means that

    • (a) any part of a cargo hold is bounded by the side shell; or

    • (b) one or more cargo holds are bounded by a double-side skin with a width measured perpendicular to the side shell of less than 760 mm in vessels constructed before January 1, 2000 and less than 1 000 mm in vessels constructed on or after January 1, 2000 but before July 1, 2006. (muraille simple)

    solid bulk cargo

    solid bulk cargo means any bulk cargo other than liquid or gas. (cargaison solide en vrac)

    space

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

  • (2) If dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall be regarded as a single vessel for the purposes of this Division.

  • (3) For the purposes of this Division, every reference to “competent authority”, “authority of the port of State” or “appropriate authority” in the BC Code means

    • (a) in the case of a vessel in Canadian waters or a Canadian vessel in international waters, the Minister;

    • (b) in the case of a vessel in the waters of a foreign state, the government of that state; and

    • (c) in the case of a foreign vessel in international waters, the government of the state whose flag the vessel is entitled to fly.

Application

 This Division applies in respect of loading, carrying and unloading solid bulk cargo other than grain.

General

Chapter VI of SOLAS and the BC Code
  •  (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 BC 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
  •  (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 BC Code
  •  (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 BC 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 BC Code; and

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

 
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