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

Regulations are current to 2022-07-25 and last amended on 2021-10-31. Previous Versions

PART 1Cargo (continued)

DIVISION 5Packaged Goods (continued)

Closed Vehicle Decks

  •  (1) Every passenger shall keep off a closed vehicle deck on a vessel that is under way unless the passenger

    • (a) has received the express consent of the vessel’s master to enter the deck, if there are no packaged goods on the deck; or

    • (b) is accompanied by a crew member, if there are packaged goods on the deck.

  • (2) Subsection (1) does not apply when passengers are directed to return to their vehicles before the vessel docks.

Report of Accident or Incident

 If a vessel or person is in serious and imminent danger by reason of an accident or incident that occurs during the loading, carriage or unloading of dangerous goods, the vessel’s master shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available.

General Precautions on Vessels

  •  (1) The master of a vessel shall ensure that packaged goods are safeguarded and handled carefully while they are being loaded onto, carried by and unloaded from the vessel.

  • (2) If packaged 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 holds of the vessel are open.

  • (3) Before commencing any voyage, the master of a tug who takes charge of an unoccupied barge carrying packaged goods shall ensure, to the extent that it is feasible, that the goods are carried in accordance with the IMDG Code.

  • (4) Subject to section 151, every person who is on or in the vicinity of a vessel carrying packaged goods or who is on board when packaged goods are being loaded or unloaded shall take the measures specified in the general precautions and the general provisions in the IMDG Code in respect of the activities in which they are engaged.

Explosives, Ammonium Nitrate and Ammonium Nitrate Based Fertilizer

Loading and Unloading Explosives
  •  (1) At least 24 hours before 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, are 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) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port.

  • (2) and (3) [Repealed, SOR/2018-233, s. 1]

  • SOR/2018-233, s. 1
Loading and Unloading Ammonium Nitrate or Ammonium Nitrate Based Fertilizer
  •  (1) No person shall load or unload more than 10 000 tonnes of ammonium nitrate or ammonium nitrate based fertilizer.

  • (2) At least 24 hours before 150 tonnes or more of ammonium nitrate or ammonium nitrate based fertilizer are 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) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port.

  • (3) 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 or 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.

Fire Protection
  •  (1) The authorized representative of a vessel that is carrying, elsewhere than in a cargo transport unit, explosives, ammonium nitrate or ammonium nitrate based fertilizer in respect of which notification is required under subsection 155(1) or 156(2) shall ensure that the vessel is equipped with

    • (a) a power-operated fire pump whose source of power and sea connections are located outside the machinery space; and

    • (b) a self-contained set of breathing apparatus and, if there are more than three crew members, another set of breathing apparatus.

  • (2) If the machinery spaces in a vessel referred to in subsection (1) do not have a watch kept at all times while the machinery is operating, they shall be equipped with a fire detection system.

  • (3) If the vessel is of less than 500 gross tonnage and does not have a means to separate goods from heat sources as required by the IMDG Code, its master may, after notifying the Department of Transport Marine Safety Office nearest to the vessel, separate any goods from heat sources by

    • (a) a watertight steel bulkhead that consists of “A” class divisions within the meaning of subsections 1(2) and (3) of the Vessel Fire Safety Regulations;

    • (b) both

      • (i) a watertight steel bulkhead, and

      • (ii) a temporary bulkhead that is constructed to a standard that is at least equivalent to that for a bulkhead of a Type A magazine specified in the introduction of Class 1-Explosives in the IMDG Code, sheathed with fire-retardant material on the side closest to the machinery or accommodation space and positioned not more than 0.61 m from the steel bulkhead; or

    • (c) a distance of at least 3 m maintained between the goods and the heat source if the heat source is in a machinery or accommodation space and the goods are not within 3 m of any other goods other than goods that are not dangerous goods and that are compatible.

  • (4) If the vessel cannot, by reason of its design, disconnect the electrical circuits in a cargo space by positive means at a point external to the space, the fuses in the space shall be removed or the switches or circuit breakers in the space opened at the main panel.

  • SOR/2017-14, s. 413
Stowing

 If explosives, other than those that have toxic or lachrymatory properties, of different compatibility groups cannot be segregated by the methods specified in the IMDG Code and a vessel’s authorized representative or master has so informed the Department of Transport Marine Safety Office nearest to the vessel, they may be stowed by

  • (a) placing them in a steel container that

    • (i) is in new or like-new condition, and

    • (ii) if they are explosive substances set out in the IMDG Code, is sheathed on all interior metal surfaces except the roof with wood or plywood that is 19 mm thick and, if the container has a wooden floor, is sheathed on the floor with masonite panels, or another material that is at least as smooth and hard as masonite, at least 6 mm thick;

  • (b) taping all joints in the interior sheathing or sealing them using waterproof materials to prevent leaking or sifting;

  • (c) securing the container against all movements of the vessel likely to be encountered on the voyage;

  • (d) if the container is carried on deck, stowing it so that access to its door is maintained at all times;

  • (e) except in the case of vessels carrying explosives exclusively, maintaining an intervening space of at least 6 m between the container and other containers of incompatible goods and between the containers and incompatible goods that are not in containers; and

  • (f) if the container is stowed in a cargo hold that does not have a means of detecting fire,

    • (i) fitting a system of sniffing-pipes in or adjacent to the spaces containing the explosives,

    • (ii) regularly monitoring the air in those spaces, and

    • (iii) entering the times and results of the monitoring in the deck log book.

Military Explosives
  •  (1) Except when military explosives are to be carried or have been carried between Canadian ports in closed cargo transport units, a service representative officer shall

    • (a) be present while military explosives are loaded onto or unloaded from a vessel in a Canadian port and when any hold or magazine containing military explosives on a vessel is first opened;

    • (b) advise the vessel’s master on the safe stowage and segregation of any military explosives that are to be carried on the vessel; and

    • (c) immediately after military explosives are loaded onto the vessel, provide a signed statement to the master

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

      • (ii) specifying the date of loading, and

      • (iii) certifying that the representative was present during the loading and that to the best of the representative’s knowledge the loading was done in accordance with this Division.

  • (2) The master shall keep the statement on board until the military explosives are unloaded.

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) [Repealed, SOR/2021-59, s. 22]

  • (4) [Repealed, SOR/2021-59, s. 22]

  • (5) [Repealed, SOR/2021-59, s. 22]

Equivalents

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

Movement Document or Manifest

 If the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations or the laws of a province in respect of the movement of waste or recyclable material require that a movement document or manifest be on board a vessel, its master shall ensure that the movement document or 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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