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

Regulations are current to 2022-07-13 and last amended on 2021-10-31. Previous Versions

PART 2Fumigation (continued)

DIVISION 3Fumigation in Transit (continued)

SUBDIVISION 1Beginning Fumigation in a Canadian Port (continued)

Equipment and Documents
  •  (1) The master of a vessel shall ensure that it is equipped with

    • (a) four sets of self-contained breathing apparatus that meet the requirements of paragraph 210(3)(d) together with four additional filled air bottles, four safety harnesses and four lifelines;

    • (b) two devices that can detect the presence of a fumigant when the fumigant is used in its gaseous state;

    • (c) the instructions provided by the manufacturer of the fumigant for the disposal of the fumigant;

    • (d) the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO; and

    • (e) the medicines and medical equipment specified in the Guide referred to in paragraph (d) for the fumigant used in the fumigation.

  • (2) The equipment required by paragraphs (1)(a) and (b) is in addition to any other equipment that is required to be carried on board the vessel when no fumigation takes place.

  • (3) If the devices referred to in paragraph (1)(b) require re-arming after use, the authorized representative of the vessel shall ensure that it is equipped with 10% more spare tubes than are needed to conduct the tests required by paragraph 220(3)(a) for the duration of the voyage.

Tests Before Leaving Port
  •  (1) Subject to subsection 220(1), the vessel shall not leave the port until

    • (a) 24 hours after fumigation begins or any longer period that the fumigator-in-charge determines is necessary to ascertain whether there is any leakage of the fumigant has elapsed; and

    • (b) the fumigator-in-charge has advised the vessel’s master in writing that he or she has determined that there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h).

  • (2) The fumigator-in-charge shall conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which cargo is being fumigated, including tests to determine whether the concentration of the fumigant in the space is sufficiently high during the testing to detect leakage.

  • (3) The tests shall be conducted at least three times and the last test shall be conducted at the end of the 24-hour period or the longer period, as the case may be.

  • (4) If the fumigator-in-charge determines that a fumigant is leaking, the vessel shall not leave the port until he or she

    • (a) ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

    • (b) issues a clearance certificate in respect of every space into which the fumigant was leaking.

  • (5) If, after conducting the periodic tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo is being fumigated or, in the case of a fumigation referred to in subsection 217(5), in the holds adjacent to the accommodation spaces.

When Fumigator-in-charge Is on Board the Vessel After It Leaves Port
  •  (1) Section 219 does not apply if a fumigator-in-charge is on board the vessel when it leaves the port and remains on board

    • (a) for at least 24 hours;

    • (b) until he or she determines that

      • (i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that he or she could detect whether any of the fumigant is leaking from the space,

      • (ii) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free, and

      • (iii) there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h); and

    • (c) for any additional period that he or she determines is necessary in the circumstances.

  • (2) The fumigator-in-charge or a competent person acting under his or her direction shall conduct any periodic tests in the vessel that the fumigator-in-charge determines are reasonably necessary to ascertain whether any fumigant is leaking from a space that is being fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high during the testing to detect leakage.

  • (3) The tests shall be conducted

    • (a) at least every eight hours, with the first test beginning when the vessel leaves the place where the fumigation began; and

    • (b) in a manner that will indicate whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a crew member.

Before the Fumigator-in-charge Leaves the Vessel

 The fumigator-in-charge shall not leave the vessel unless

  • (a) the concentration of the fumigant in a space that is being fumigated was sufficiently high that he or she could have detected whether any of the fumigant was leaking from the space;

  • (b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free;

  • (c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board;

  • (d) there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 218(1)(b) to detect the presence of a fumigant in a space during the voyage; and

  • (e) he or she has notified the vessel’s master in writing that the responsibility for carrying out the fumigation rests with the master.

SUBDIVISION 2Fumigation That Begins in a Canadian Port or Outside Canadian Waters

Application

 This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if

  • (a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or

  • (b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.

Fumigant Detected in a Space That Is Likely to Be Occupied
  •  (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master.

  • (2) Every person in the space shall evacuate it.

  • (3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.

Report of Danger

 If persons on board a vessel are in serious and imminent danger as a result of the fumigation of 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.

Recording Tests

 If a person conducts a test to determine whether a fumigant is present in a space, the vessel’s master shall record the date and results of the test in the vessel’s logbook.

Aeration
  •  (1) If the vessel is under way, the vessel’s master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall ensure that any aeration of a space that was fumigated is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

  • (2) The vessel’s master shall ensure that the aeration is carried out only if he or she determines that it is necessary for the safety of the crew or to meet an emergency that could affect the crew.

  • (3) During the aeration, the master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

  • (4) 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,

    • (a) the master shall direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant; and

    • (b) the aeration of the space shall not resume unless the master or, if a fumigator-in-charge is on board, the fumigator-in-charge determines that its resumption will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

DIVISION 4Arrival of Cargo That Has Been Fumigated in Transit

SUBDIVISION 1Unloading or Topping Off

Application

 This Subdivision applies in respect of a foreign vessel in Canadian waters if it is carrying bulk cargo that has been fumigated in transit and any part of it is to be unloaded or topped off at a Canadian port.

Notice

 No vessel shall enter Canadian waters until a notice has been sent to the Department of Transport Marine Safety nearest to the port to which the vessel is destined that sets out

  • (a) the name of the vessel;

  • (b) the name of the port;

  • (c) the expected date of the vessel’s arrival in the port;

  • (d) the nature of the cargo;

  • (e) the name of the fumigant that was used to fumigate the cargo; and

  • (f) the date on which the fumigation in transit began.

Entering Spaces
  •  (1) No person shall enter a space that was fumigated unless a clearance certificate has been issued in respect of the space.

  • (2) Subsection (1) does not apply to any person

    • (a) who is wearing a self-contained breathing apparatus that can protect them against any fumigant that is used for the fumigation and who is experienced and knowledgeable in the use of the apparatus; and

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

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

  • (2) The master shall enter the date and time of the issuance of the clearance certificate and of the removal of the signs in the vessel’s logbook.

Conditions for Unloading and Topping Off
  •  (1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the space where the cargo is located.

  • (2) Every person who unloads or tops off the cargo shall use mechanical equipment that is controlled from outside the space in which the fumigation in transit was carried out.

  • (3) Every person who operates the mechanical equipment shall do so on an open deck of the vessel windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators.

  • (4) During the unloading or topping off of the cargo, no person shall enter the space from which it is being unloaded or topped off.

  • (5) Despite subsection (4), a person may enter the space to service the mechanical equipment if they are at all times accompanied by a competent person who continuously measures the concentration of the fumigant at or near the place where the servicing takes place.

  • (6) If the concentration of a fumigant set out in column 1 of Schedule 2 in a space exceeds one half of the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that can protect them against the fumigant.

SUBDIVISION 2When Cargo Is Not to Be Unloaded or Topped Off

Application

 This Subdivision applies in respect of a foreign vessel if it is carrying bulk cargo that has been fumigated in transit and enters a Canadian port for a purpose other than the unloading or topping off of any of that cargo.

Duty of Master

 The master of a vessel shall ensure that a fumigator-in-charge boards the vessel immediately after it is moored in a Canadian port.

Duties of Fumigator-in-charge

 The fumigator-in-charge shall, as soon as feasible,

  • (a) display near the gangways and near the entrances that lead to a space in which cargo has been fumigated a sign that meets the requirements of paragraph 210(1)(b);

  • (b) post a person to keep watch at each place where the vessel can be boarded while it is moored; and

  • (c) conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which the cargo has been fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo has been fumigated is sufficiently high during the testing to detect leakage.

Leakage of Fumigant
  •  (1) If the fumigator-in-charge determines that a fumigant is leaking into a space that is likely to be occupied by any person, the vessel shall not leave the port until

    • (a) the fumigator-in-charge ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

    • (b) the fumigator-in-charge issues a clearance certificate in respect of the space into which the fumigant was leaking.

  • (2) If, after conducting the initial tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo was fumigated.

Duties of Person Keeping Watch
  •  (1) The person keeping watch shall not allow a person who is not a crew member and is not on the vessel’s business to board the vessel.

  • (2) The person keeping watch shall ensure that any person who is not a crew member but is on the vessel’s business does not enter a space in respect of which a sign required by paragraph 234(a) is displayed.

If Cargo is Aerated
  •  (1) If the vessel’s master directs that any of the cargo that was fumigated in transit be aerated, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall ensure that the aeration is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

  • (2) During the aeration, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall conduct tests to measure the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

  • (3) 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, the master shall

    • (a) ensure that every person in the space

      • (i) wears self-contained breathing apparatus that can protect them against the fumigant, or

      • (ii) evacuates it until a test result shows that the concentration of the fumigant does not exceed the applicable TLV; or

    • (b) direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant until a fumigator-in-charge determines that the resumption of aeration will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

DIVISION 5Carriage of Cargo Transport Units That Have Been Fumigated

 This Division applies in respect of cargo transport units of which the contents have been fumigated but not aerated before the units are loaded on board a vessel.

 No person shall load a cargo transport unit onto a vessel unless

  • (a) a competent person has determined that the concentration of fumigant is reasonably uniform throughout the unit; and

  • (b) the vessel’s master has been informed that the contents of the unit have been fumigated.

  •  (1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at a distance of at least 6 m from the crew accommodation, the passenger accommodation, if any, work areas and vessel ventilation intakes.

  • (2) Despite subsection (1), a cargo transport unit may be stowed below deck in a vessel that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed if the vessel carries not more than 25 passengers or 1 passenger for every 3 m of the vessel’s overall length, whichever is greater.

 If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the vessel’s master has notified the following of the vessel’s expected arrival at the port at least 24 hours before the vessel enters the port:

  • (a) the Department of Transport Marine Safety Office nearest to the port; or

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

 
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