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

Inspection at the Request of an Interested Person

• 116 (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with sections 110 to 115 shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with sections 110 to 115 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• (3) [Repealed, SOR/2021-59, s. 21]

• (4) [Repealed, SOR/2021-59, s. 21]

• (5) [Repealed, SOR/2021-59, s. 21]

Additions to and Derogations from the IMSBC Code

• 117 (1) If a self-unloading vessel that loads or unloads coal at a Canadian port does not have electrical cables and components situated in spaces adjacent to cargo spaces that are safe for use in hazardous zones, the vessel’s master shall ensure that

  • (a) means are provided for positive isolations;

  • (b) the electrical cables and components in those spaces have a minimum of Class II, Division 2, Group F rating, in accordance with Part I of the Canadian Electrical Code;

  • (c) a mechanical ventilation system is operating in unloading tunnels and loopbelt tunnels and any other transfer equipment and, if an exhaust fan is part of the system, it is certified by its manufacturer as safe for use in an explosive atmosphere; and

  • (d) the operational procedures for the mechanical ventilation system in an explosive atmosphere are documented and in place.

• (2) Instead of ensuring compliance with the requirement in the COAL schedule to Appendix 1 to the IMSBC Code that holds be surface-ventilated for the first 24 hours after departure from the loading port, the master of a self-unloading vessel that loads coal at a Canadian port before or during an inland voyage may ensure that the holds are ventilated by other methods that reduce methane concentration and that the spaces adjacent to the cargo spaces are ventilated before electrical power sources are activated.

• (3) The master of a self-unloading vessel that loads or unloads coal at a Canadian port before, during or after an inland voyage need not ensure that supply-ventilation equipment for tunnels is safe for use in an explosive atmosphere.

• (4) If the carbon monoxide level in a cargo space increases steadily or exceeds 50 ppm, the master of a self-unloading vessel that loads or unloads coal at a Canadian port before, during or after an inland voyage may meet the requirements of subsection (5) instead of

  • (a) ensuring that the cargo space is completely closed down and all ventilation ceased;

  • (b) seeking expert advice immediately; and

  • (c) notifying the vessel’s owners.

• (5) The requirements referred to in subsection (4) are the following:

  • (a) to ensure that readings of the carbon monoxide level and the lower explosion limit are taken at least every 4 hours in the first 24 hours of sailing and after that at least

    • (i) once per day if the carbon monoxide levels are less than 50 ppm,

    • (ii) twice per day if the carbon monoxide levels are 50 ppm or more but less than 500 ppm, and

    • (iii) once every 4 hours if the carbon monoxide levels are 500 ppm or more; and

  • (b) to notify the vessel’s owners and the Department of Transport Marine Safety Office nearest to the vessel if both the carbon monoxide level and the lower explosion limit are simultaneously increasing.

Concentrates

Trimming and Levelling

118 The master of a vessel that is departing from a Canadian port and is loaded in a hold with iron ore concentrates or sulphide concentrates of lead, copper or zinc for export to a place that is not within the limits of an inland voyage shall ensure that the concentrates are trimmed and levelled so that

• (a) they reach all boundaries of the hold;

• (b) they slope uniformly from the hatch boundaries to the bulkheads;

• (c) no shearing faces remain to collapse during the voyage;

• (d) in the case of iron ore concentrates, the height differences between the peaks and troughs in the square of the hatch of the hold do not exceed 5% of the vessel’s breadth; and

• (e) in the case of sulphide concentrates, the height differences between the peaks and troughs do not exceed 5% of the vessel’s breadth in the athwartship direction for the full width of the hold.

Certificates of Readiness to Load

• 119 (1) This section applies in respect of vessels that load concentrates for export to a place that is not within the limits of an inland voyage.

• (2) No vessel in Canadian waters shall load concentrates except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec.

• (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if

  • (a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS are met;

  • (b) the requirements of the IMSBC Code that apply before loading are met;

  • (c) the documents referred to in subsection 115(3) are on board;

  • (d) the vessel’s master is familiar with the hazards that can occur as a result of concentrate oxidation; and

  • (e) the vessel is in fit condition to carry concentrates in the holds in which they are to be loaded.

• (4) The Minister may, for the purpose of ensuring compliance with sections 108, 109, 115 and 118, specify the following terms and conditions in a Certificate of Readiness to Load:

  • (a) the type of concentrates that may be loaded;

  • (b) the holds into which the concentrates may be loaded;

  • (c) the manner in which the concentrates are to be distributed so as not to overstress the vessel’s structure under standard loading conditions;

  • (d) the stowage factor used in the stability calculation for the concentrates; and

  • (e) the trimming and levelling required.

• (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the master a written statement setting out those requirements.

Fitness to Proceed Certificates

• 120 (1) No vessel that is carrying concentrates for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2).

• (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with concentrates if

  • (a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS and the requirements of the IMSBC Code are met;

  • (b) if a Certificate of Readiness to Load was issued under subsection 119(3), the vessel was loaded in accordance with the Certificate; and

  • (c) the vessel is fit to proceed to sea.

DIVISION 3Grain Cargo

Interpretation

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

  grain

  grain means wheat, corn, oats, rye, barley, rice, pulses and other seeds and the processed form of seeds whose behaviour is similar to that of seeds in their natural state. (grain)

  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)

• (2) For the purposes of this Division, the reference in A4 of the International Grain Code to “an equivalent accepted by the Administration in accordance with regulation I/5 of the International Convention for the Safety of Life at Sea, 1974, as amended” shall, in respect of Canadian vessels, be read as a reference to “a replacement granted by the Marine Technical Review Board under section 28 of the Canada Shipping Act, 2001 or an equivalent accepted by that Board under section 102 of the Cargo, Fumigation and Tackle Regulations”.

Application

122 This Division applies in respect of

• (a) Canadian vessels that are loading or carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage, a sheltered waters voyage or a near coastal voyage, Class 2;

• (b) vessels in Canadian waters that are loading or carrying grain in bulk that is for export to a place that is not within the limits of an inland voyage; and

• (c) foreign vessels in Canadian waters that are carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage.

Chapter VI of SOLAS and the International Grain Code

• 123 (1) Subject to section 125, the master of a vessel shall ensure that the requirements of regulation 3.1 of Chapter VI of SOLAS and the requirements of the International Grain Code are met.

• (2) Every shipper of grain to be loaded onto a vessel in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

Grain Loading Manuals and Documents of Authorization

• 124 (1) On application, the Minister shall approve a Canadian vessel’s grain loading manual if

  • (a) it includes the information referred to in sections 6.2 and 6.3 of the International Grain Code and that information can be used to ensure that the vessel meets the requirements of the Code; and

  • (b) it is in English or French.

• (2) On application, the Minister shall issue a document of authorization to a Canadian vessel if the vessel’s grain loading manual has been approved under subsection (1).

Alternative Requirements for Vessels in Certain Waters

• 125 (1) The master of a vessel may ensure that the requirements of subsection (2) are met in lieu of the requirements of sections 7 to 9 of the International Grain Code while the vessel is in the following waters and is proceeding to a port in those waters:

  • (a) the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W; or

  • (b) the waters bounded by the coast of the Province of British Columbia and the State of Washington and lying between a straight line drawn along the parallel of latitude 50° N from Vancouver Island to the Canadian mainland and a straight line drawn north from Cape Flattery to Vancouver Island.

• (2) The requirements referred to in subsection (1) are the following:

  • (a) the longitudinal strength of the vessel is not impaired;

  • (b) any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents are met;

  • (c) the forecast of the weather to be encountered on the voyage, provided by the appropriate national marine weather services, is checked and the vessel does not proceed when unusually adverse weather conditions are forecast;

  • (d) as many holds as possible are filled;

  • (e) upsetting moments are reduced to a minimum;

  • (f) all partly filled holds are trimmed level in the athwartship direction; and

  • (g) throughout the voyage, the initial metacentric height of the vessel exceeds, after correction for the free surface effects of liquids in tanks, each of the values determined by the following formulae:

    • (i) (upsetting moment × 3.73) / displacement, and

    • (ii) (upsetting moment × beam) / (displacement × freeboard).

• (3) For the purpose of paragraph (2)(d), a hold with a saucer is considered to be filled if it is temporarily secured by lining it with one layer of bagged grain or with other cargo that is tightly stowed and exerts at least the same pressure as a layer of bagged grain.

• (4) For the purpose of paragraph (2)(g), the upsetting moment for unsecured holds with no centreline division is the value obtained by the formula (0.0177 × L x B³) / SF and the upsetting moment for unsecured holds with a centreline division is the value obtained by the formula (0.0044 × L × B³) / SF

  where

  L

  is equal to the aggregate length of unsecured holds;

  B

  is equal to the moulded breadth of the vessel or the breadth of slack grain surface, whichever is lesser; and

  SF

  is the volume per unit weight of the grain.