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 3Grain Cargo (continued)

Fitness to Proceed Certificates

  •  (1) No vessel that is carrying grain 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 grain if

    • (a) the applicable requirements of sections 123 and 125 to 127 are met;

    • (b) if a Certificate of Readiness to Load was issued under subsection 128(2), the vessel was loaded in accordance with the Certificate; and

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

DIVISION 4Timber Deck Cargo

Interpretation

 The following definitions apply in this Division.

timber

timber includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. (bois)

Timber Code

Timber Code means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991, published by the IMO. (Recueil de bois en pontée)

Application

 This Division applies in respect of vessels that are 24 m or more in overall length and are loading or carrying timber on an uncovered part of a freeboard or superstructure deck for export or import.

Stability

  •  (1) The master of a vessel shall ensure that the curve of minimum operational metacentric height versus draught described in regulation 25-8.1.1 of Chapter II-1 of SOLAS is not exceeded if the vessel

    • (a) is 100 m or more in subdivision length and was constructed on or after February 1, 1992; or

    • (b) is 80 m or more but less than 100 m in subdivision length and was constructed on or after July 1, 1998.

  • (2) The master of a vessel that is less than 80 m in subdivision length shall ensure that the requirements of Appendix C to the Timber Code are met.

  • (3) In this section, “subdivision length” has the same meaning as in regulation 25-2 of Chapter II-1 of SOLAS.

Timber Code

General

 The master of a vessel shall ensure that the requirements of chapters 2 to 6 of the Timber Code, and Appendices A and B to the Code, are met.

Uprights

 For the purpose of 4.2.1 of the Timber Code, uprights shall be fitted on a vessel that is within a seasonal winter load line zone and is loaded in a Canadian port within the period during which the winter load line is applicable if

  • (a) the maximum height of the cargo above the weather deck exceeds 2.44 m; or

  • (b) the maximum height of the cargo above the hatch cover exceeds 2.44 m or there are more than two tiers of bundles of lumber above the hatch cover.

Lashings and Components
  •  (1) For the purpose of 4.5.1 of the Timber Code, all lashings used for the securing of timber shall be tested by a competent person to determine whether they

    • (a) meet the requirements of 4.1.2 of the Code;

    • (b) in the case of chains, have a link weld capable of a 90° cold bend without separation; and

    • (c) in the case of flexible steel wire ropes, are at least 16 mm in diameter.

  • (2) For the purpose of 4.5.1 of the Timber Code, all components used for the securing of timber shall be tested by a competent person to determine whether they

    • (a) meet the requirements of 4.1.2.2 and 4.1.2.3 of the Code; and

    • (b) have a breaking strength of at least 14 100 kg.

  • (3) For the purpose of 4.5.1 of the Timber Code, if lashings or components meet the requirements referred to in subsection (1) or (2), as the case may be, the competent person shall

    • (a) mark each of them in a distinctive manner that indicates the month and year of testing; and

    • (b) sign and issue a certificate that sets out

      • (i) the distinguishing mark,

      • (ii) a description of the lashings or components,

      • (iii) the date of testing,

      • (iv) the number of similar lashings or components tested on that date,

      • (v) the proof load,

      • (vi) the original breaking strength,

      • (vii) their name and

        • (A) if they are an employee, the name and address of their employer, or

        • (B) if they are not an employee, their address, and

      • (viii) the qualifications that qualify them as a competent person.

  • (4) For the purpose of 4.5.1 of the Timber Code,

    • (a) the lashings and components in respect of which a certificate is issued under paragraph (3)(b) shall be re-tested by a competent person at least once every four years after the day on which the certificate is issued to determine whether or not they exhibit permanent deformation after having been subjected to a proof load of at least 40% of their original breaking strength; and

    • (b) if the lashings or components do not exhibit permanent deformation in the test, the competent person may sign and issue a certificate that sets out the information specified in paragraph (3)(b).

  • (5) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the diameter of a section of a lashing or component appears to be reduced by 5% or more from its original diameter, any certificate issued in respect of the lashing or component is invalid unless

    • (a) if the reduction is 10% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or

    • (b) if the reduction is more than 10%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its diameter, is tested by a competent person to destruction and has a breaking strength of at least 133 kN.

  • (6) For the purpose of 4.5.1 of the Timber Code, if, when a visual examination under 4.5.3 of the Timber Code or section 138 is made, the cross-sectional area of a section of a lashing or component appears to be reduced by 10% or more from its original area, any certificate issued in respect of the lashing or component is invalid unless

    • (a) if the reduction is 20% or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of at least 40% of its original breaking strength and it does not exhibit permanent deformation; or

    • (b) if the reduction is more than 20%, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its cross-sectional area, is tested by a competent person to destruction and has a breaking strength of at least 133 kN.

  • (7) For the purpose of 4.5.1 of the Timber Code, any certificate issued in respect of a web lashing is invalid if when a visual examination under 4.5.3 of the Timber Code or section 138 is made it appears that

    • (a) the length of an edge cut exceeds the lashing’s thickness;

    • (b) the depth of an abrasion is more than 15% of the lashing’s thickness, taken as a proportion of all plies;

    • (c) the total depth of abrasions on both sides of the lashing is more than 15% of the lashing’s thickness, taken as a proportion of all plies;

    • (d) the depth of the warp thread damage is 50% or less of the lashing’s thickness and the damage

      • (i) is within 25% of the width of the lashing from its edge, or

      • (ii) is over an area that is more than 25% of the lashing’s width;

    • (e) the depth of the warp thread damage is more than 50% of the lashing’s thickness and the damage

      • (i) is within 25% of the width of the lashing from its edge, or

      • (ii) is over an area that is more than 12.5% of the lashing’s width;

    • (f) weft thread damage allows warp threads to separate over an area that is wider than 25% of the lashing’s width and longer than twice its width;

    • (g) any part of the lashing is melted, charred or damaged by chemicals;

    • (h) load-bearing stitches are broken or worn; or

    • (i) the web-lashing is damaged in such a way that the total effect of the damage on the lashing is approximately the same as the effect of any of the types of damage referred to in paragraphs (a) to (h).

  • (8) In this section, competent person means a professional engineer or a person with similar qualifications.

 
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