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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 2Fumigation (continued)

Application

 This Part does not apply in respect of a cargo transport unit carried on a short-run ferry if

  • (a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m;

  • (b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit;

  • (c) any parking brakes that are fitted on the unit are securely set; and

  • (d) no person other than the operator of the unit is permitted by the ferry’s master to approach within 1 m of the unit.

DIVISION 1General

Application

 This Division applies in respect of fumigation and aeration

  • (a) on a Canadian vessel; and

  • (b) on a foreign vessel that is in Canadian waters if

    • (i) the fumigation begins in Canadian waters, or

    • (ii) any cargo destined for a Canadian port is fumigated in transit.

Use of Fumigants

  •  (1) No person shall use a fumigant other than one set out in column 1 of Schedule 1 to fumigate on a vessel.

  • (2) If, at any time other than during a fumigation of a space, a person has reasonable grounds to believe that the concentration of a fumigant set out in column 1 of Schedule 2 in the space exceeds the TLV for the fumigant set out in column 2 or 3, the person shall immediately

    • (a) warn every person whom they know to be in the space that it should be evacuated; and

    • (b) notify the vessel’s master of the excessive concentration.

  • (3) After being notified of the excessive concentration, the master shall advise all persons on board the vessel of the excessive concentration.

  • (4) Every person in the space shall evacuate it after being advised of the excessive concentration.

  • (5) No person who has been advised of the excessive concentration shall enter the space unless that person wears a self-contained breathing apparatus required by paragraph 210(3)(d).

  • (6) The master shall ensure that the space is aerated by crew members with experience using the equipment to be used in the aeration or by persons assisting the fumigator-in-charge.

  • (7) Subsections (3) to (6) cease to apply when a competent person determines that the concentration of the fumigant does not exceed the applicable TLV.

Fumigating When a Vessel Is Not Alongside

  •  (1) No person shall fumigate on a Canadian vessel that is not alongside.

  • (2) No person shall fumigate a space on a foreign vessel that is not alongside unless the space contains bulk cargo.

Fumigating the Contents of Barges or Cargo Transport Units

 No person shall begin to fumigate the contents of a barge or cargo transport unit that is on board a vessel.

Notification and Conduct of Fumigation

  •  (1) Before beginning to fumigate on a vessel in a Canadian port, the fumigator-in-charge shall ensure that notice of the intention to fumigate is given in writing to the Department of Transport Marine Safety Office nearest to the vessel.

  • (2) Before a vessel on which fumigation in transit has begun arrives at a Canadian port or the Seaway, the vessel’s master shall give notice to the Department of Transport Marine Safety Office nearest to the port or entry point to the Seaway that fumigation in transit on the vessel has begun.

  • (3) If feasible, the notice shall be given

    • (a) in the case of a vessel referred to in subsection (1), at least 24 hours before fumigation begins; and

    • (b) in the case of a vessel referred to in subsection (2), at least 24 hours before its arrival at the port or in the Seaway.

  • (4) The notice shall specify

    • (a) in the case of a vessel referred to in subsection (1), the name of the port where the fumigation will be carried out and, if applicable, the number of the berth within the port;

    • (b) in the case of a vessel referred to in subsection (2), the name of the port or the entry point to the Seaway; and

    • (c) in the case of a vessel referred to in subsection (1) or (2), the name of the fumigant and method of application involved and whether the fumigation

      • (i) is or will be of the cargo, cargo spaces or accommodation spaces on board the vessel,

      • (ii) will be completed before the vessel leaves the port or the Seaway, as the case may be,

      • (iii) is or will be a fumigation in transit, and

      • (iv) is or will be of cargo on board a vessel that will be unloaded at a Canadian port.

  • (5) If the fumigant to be used in a fumigation referred to in subsection (1) is, or during the fumigation is likely to become, a flammable gas, the vessel’s master shall, before fumigation begins,

    • (a) remove all flammable materials, including refuse and oily waste, from any space that is to be fumigated; and

    • (b) disconnect all electrical circuits that lead to any space that is to be fumigated.

Fumigator-in-Charge

  •  (1) Subject to subsection (2), the master of a vessel shall ensure that every fumigation and every aeration are carried out under the direction of a fumigator-in-charge.

  • (2) A fumigator-in-charge is not required to be present in respect of

    • (a) a fumigation in transit that began in a Canadian port if the tests required by sections 219 and 220 are conducted and the requirements of section 221 are met;

    • (b) a fumigation in transit that began outside Canadian waters during the period beginning when the vessel enters Canadian waters and ending when it enters a Canadian port to unload cargo; or

    • (c) a fumigation of a cargo transport unit on board a vessel that began before the unit was loaded onto the vessel.

Report of Danger

 If persons on board a vessel are in serious and imminent danger as a result of a fumigation on the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.

DIVISION 2Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside

Application

 This Division applies in respect of the fumigation and aeration of cargo, a cargo space or an accommodation space on a vessel while it is alongside.

Fumigation

  •  (1) The fumigator-in-charge shall not begin fumigating or permit it to begin unless

    • (a) all persons who are on board the vessel and are not engaged in the fumigation or in the care of the vessel have disembarked;

    • (b) the fumigator-in-charge has on display near the gangways and near the entrances that lead to a space that is to be fumigated a sign that

      • (i) corresponds to the sign set out in Schedule 3 and bears the name of the fumigant being used, the date and hour when the fumigation began and the signature of the fumigator-in-charge or the vessel’s master, and

      • (ii) is rectangular in shape, at least 250 mm wide and at least 200 mm high with the word “DANGER” in letters at least 25 mm high; and

    • (c) he or she has posted a person to keep watch at each place where the vessel can be boarded while it is alongside.

  • (2) Subject to subsection 212(3), the persons referred to in paragraph (1)(a) shall not board the vessel until a clearance certificate has been issued in respect of the vessel.

  • (3) During fumigation,

    • (a) the person keeping watch shall not allow anyone who is not engaged in the fumigation or care of the vessel to board it;

    • (b) the fumigator-in-charge shall take all feasible measures to prevent the leakage of the fumigant from a space that is being fumigated;

    • (c) the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to ascertain whether a fumigant is leaking from a space that is being fumigated;

    • (d) each person on board the vessel shall have available for immediate use a self-contained breathing apparatus that can protect them against the fumigant; and

    • (e) subject to subsection (8), no person shall enter a space that is being fumigated.

  • (4) No person shall remove a sign referred to in paragraph (1)(b) until a clearance certificate has been issued in respect of the vessel or until aeration has been completed.

  • (5) When a clearance certificate has been issued in respect of the vessel, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

  • (6) If the fumigant leaks from a space that is being fumigated,

    • (a) every person who is taking part in the fumigation shall, under the direction of the fumigator-in-charge, take all feasible measures to stop the leakage; and

    • (b) the fumigator-in-charge shall immediately notify the master of the leakage.

  • (7) If the leakage referred to in subsection (6) is stopped, the fumigator-in-charge shall notify the master of the stoppage. However, if the fumigator-in-charge determines that the leakage cannot be stopped, he or she shall direct the persons taking part in the fumigation to cease the fumigation and to aerate the space.

  • (8) If the fumigator-in-charge determines that entry into a space that is being fumigated is necessary, the fumigator-in-charge and one or more other persons experienced and knowledgeable in the use of the self-contained breathing apparatus required by paragraph (3)(d) may enter the space if they wear

    • (a) the apparatus; and

    • (b) a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing the apparatus.

Fumigation of Cargo

  •  (1) Despite paragraph 210(1)(a), the fumigator-in-charge may begin fumigating cargo or permit it to begin when there are crew members on board the vessel who are not engaged in the fumigation or in the care of the vessel if

    • (a) the fumigator-in-charge has inspected the space in which the cargo is located and has advised the vessel’s master in writing that during the fumigation no fumigant is likely to leak from the space containing the cargo and into a space that is ordinarily occupied by crew members; and

    • (b) the space in which the cargo is located

      • (i) is not adjacent to a space that is ordinarily occupied by crew members, and

      • (ii) is separated by at least two gas-tight bulkheads from a space used by crew members.

  • (2) During a fumigation begun under subsection (1), the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2.

  • (3) If a test result shows that the concentration of a fumigant exceeds the applicable TLV, all persons on board the vessel who are not wearing the self-contained breathing apparatus required by paragraph 210(3)(d) shall immediately disembark.

  • (4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass

    • (a) through the bulkhead; or

    • (b) over the top, under the bottom or around either end of the bulkhead.

Aeration

  •  (1) After a space is fumigated, the fumigator-in-charge shall ensure that it is aerated.

  • (2) Before the aeration begins, the fumigator-in-charge shall advise the vessel’s master in writing of the location of the spaces that will be occupied by a crew member for the purpose of assisting in the aeration.

  • (3) A crew member may, subject to the direction of the fumigator-in-charge, board the vessel to assist in the aeration by opening the hatches of the vessel and operating generating and ventilation machinery if the crew member is wearing the self-contained breathing apparatus required by paragraph 210(3)(d).

  • (4) If a crew member assists in the aeration of a space, the fumigator-in-charge shall, as frequently as he or she determines it is necessary, conduct tests to measure the concentration of the fumigant in every space occupied by the member.

  • (5) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall wear the self-contained breathing apparatus required by paragraph 210(3)(d) or evacuate the space until a test result shows that the concentration of the fumigant does not exceed the applicable TLV.

Clearance Certificates

  •  (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel unless the vessel is gas-free.

  • (2) If the vessel is gas-free, the fumigator-in-charge shall issue a clearance certificate.

  • (3) Subject to Division 3, until a clearance certificate is issued, the vessel shall remain alongside.

  • (4) The vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance.

DIVISION 3Fumigation in Transit

Beginning Fumigation in Canadian Waters

 No person shall begin fumigation in transit on a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port.

SUBDIVISION 1Beginning Fumigation in a Canadian Port

Application

 This Subdivision applies in respect of fumigation in transit on a foreign vessel that begins when the vessel is moored or at anchor in a Canadian port.

Methyl Bromide

 No person shall fumigate with methyl bromide.

General
  •  (1) No person shall begin fumigation unless

    • (a) the fumigator-in-charge, accompanied by the vessel’s master or the master’s agent, has inspected the space in which the cargo is to be fumigated before the cargo that is to be fumigated is loaded on board and has determined that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

    • (b) the fumigator-in-charge has given a notice in writing to the vessel’s master that specifies

      • (i) the name of the fumigant that will be used,

      • (ii) any hazards that the fumigation might present,

      • (iii) the precautions or other steps that the crew shall take in relation to the fumigation, and

      • (iv) the results of the inspection referred to in paragraph (a) and specifically the determination of the fumigator-in-charge that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

    • (c) the loading of cargo onto the vessel is completed and all persons, other than the persons who are engaged in the fumigation or who will sail with the vessel, have disembarked;

    • (d) the fumigator-in-charge has given notice in writing to the following of the location of the spaces that will be fumigated and of all other spaces that the fumigator-in-charge determines are unsafe for entry by any person during the fumigation and before the vessel becomes gas-free:

      • (i) the vessel’s master,

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

      • (iii) the Department of Transport Marine Safety Office nearest to the vessel;

    • (e) every person who will sail with the vessel has been informed by the fumigator-in-charge or by the vessel’s master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (d);

    • (f) there is on display near the gangways and near the entrances that lead to the space in which the cargo is to be fumigated a sign that meets the requirements of paragraph 210(1)(b);

    • (g) the fumigator-in-charge has posted a person to keep watch at each place where the vessel can be boarded while it is moored or at anchor;

    • (h) no fewer than two crew members, one of whom is an officer, have knowledge of

      • (i) any instructions that appear on the package containing the fumigant to be used in the fumigation,

      • (ii) any recommendations or information provided by the manufacturer of the fumigant in respect of

        • (A) the method of detecting the fumigant when it is in a gaseous state,

        • (B) the behaviour and properties of the fumigant,

        • (C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and

        • (D) the emergency procedures that should be taken to prevent fire and explosion of the fumigant, and

      • (iii) the operation of any equipment on board that is used to detect the presence of a fumigant; and

    • (i) the vessel’s master has designated at least two of the crew members referred to in paragraph (h) to ensure that safe conditions in the accommodation spaces and working spaces are maintained after the fumigator-in-charge leaves the vessel.

  • (2) No person shall remove the signs referred to in paragraph (1)(f) until a clearance certificate has been issued in respect of the space or until aeration has been completed.

  • (3) When a clearance certificate has been issued in respect of the space, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

  • (4) The person keeping watch shall not allow a person who is not engaged in the fumigation or who will sail with the vessel to board it while it is moored or at anchor.

  • (5) Despite paragraph (1)(a), fumigation may begin when the inspection referred to in that paragraph is carried out after cargo has been loaded if

    • (a) the holds adjacent to the accommodation spaces are not fumigated; and

    • (b) the vessel is alongside or, if it is not safe for the vessel to be alongside, it is moored elsewhere or at anchor and a launch service is available on short notice at all times.

 
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