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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)

DIVISION 5Carriage of Cargo Transport Units That Have Been Fumigated (continued)

[242 to 299 reserved]

PART 3Tackle

Interpretation

  •  (1) The following definitions apply in this Part.

    accommodation ladder

    accommodation ladder means a means of access to and egress from a vessel that includes platforms on different levels with ladders between the platforms and that

    • (a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

    • (b) is hinged at its top; and

    • (c) can be moved so that the lowest platform is accessible from shore. (échelle de coupée)

    cargo gear

    cargo gear includes lifting appliances and forklift trucks. (engins de manutention)

    category 1 lifting appliance

    category 1 lifting appliance means

    • (a) a crane, other than a mobile crane, installed on a vessel; or

    • (b) a derrick, a derrick crane or an elevator. (appareil de levage de catégorie 1)

    category 2 lifting appliance

    category 2 lifting appliance means a container crane, a rail-mounted or wharf crane with a safe working load of 10 tonnes or more, a sheerlegs or a shore-based shiploader. (appareil de levage de catégorie 2)

    category 3 lifting appliance

    category 3 lifting appliance means a rail-mounted or wharf crane with a safe working load of less than 10 tonnes or grain loading equipment. (appareil de levage de catégorie 3)

    category 4 lifting appliance

    category 4 lifting appliance means a mobile crane or any other mobile lifting-machine, other than a forklift truck, that has load radius restrictions similar to those of a mobile crane. (appareil de levage de catégorie 4)

    category 5 lifting appliance

    category 5 lifting appliance means a vehicle ramp installed on a vessel or a continuous loading or unloading system or appliance. (appareil de levage de catégorie 5)

    classification society

    classification society means the American Bureau of Shipping, Bureau Veritas (Canada), Det norske Veritas, Lloyd’s Register of Shipping, Germanischer Lloyd or, in respect of a foreign vessel, any similar organization recognized by or under the laws of the state whose flag the vessel is entitled to fly. (société de classification)

    Convention 152

    Convention 152 means the Convention Concerning Occupational Safety and Health in Dock Work, adopted by the International Labour Conference on June 25, 1979. (Convention 152)

    expert person

    expert person, in respect of a specified function, means a person who has the knowledge, training and experience to perform the function safely and properly. (expert)

    lifting appliance

    lifting appliance means a category 1 lifting appliance, a category 2 lifting appliance, a category 3 lifting appliance, a category 4 lifting appliance or a category 5 lifting appliance. (appareil de levage)

    loose gear

    loose gear means small cargo gear, such as rings, hooks, shackles, pulley blocks, links, swivels, chains, slings and wire pennants, that is not permanently attached to a lifting appliance or the vessel. It does not include wire rope, wire banding or flat steel strapping that unitizes cargo. (engins mobiles)

    main accessory gear

    main accessory gear means any cargo gear that is designed to be used with a lifting appliance, such as spreaders, container frames, probes, grabs, vacuum discs, friction clamps and heavy hooks. It does not include loose gear, wire rope, wire banding or flat steel strapping that unitizes cargo. (engins accessoires principaux)

    material

    material includes cargo, equipment, fittings, fuel and ships’ stores. (marchandises)

    material handling

    material handling means all or any part of the work of

    • (a) moving or handling material that is performed on board a vessel; or

    • (b) loading or unloading a vessel that is performed

      • (i) on board a vessel,

      • (ii) on a crib or structure that the vessel is alongside, or

      • (iii) onshore in Canada, in an area within the scope of any lifting appliance or other equipment that is employed in the loading or unloading of a vessel and in the immediate approaches to such an area, other than in a shed or warehouse or any part of a wharf forward or aft of the vessel’s mooring lines. (manutention de marchandises)

    pulley block

    pulley block includes a single- or multiple-sheave block, but does not include a crane block specially constructed for use with a crane to which it is permanently attached. (moufle)

    restricted vessel

    restricted vessel means a vessel that is prevented from heeling by means such as fittings that secure the vessel to the sea floor. (bâtiment restreint)

    Safety and Health in Ports

    Safety and Health in Ports means Safety and Health in Ports, published by the International Labour Office. (Sécurité et santé dans les ports)

    Safety Code on Mobile Cranes

    Safety Code on Mobile Cranes means CAN/CSA Standard Z150-98, Safety Code on Mobile Cranes, published by the Canadian Standards Association. (Code de sécurité sur les grues mobiles)

    safety factor

    safety factor means the number of times that a load can be increased before failure occurs. (coefficient de sécurité)

    SWL

    SWL means safe working load. (CMU)

    thorough examination

    thorough examination means, in respect of cargo gear or an accommodation ladder, a detailed visual examination supplemented, if necessary, by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and other means, in order to arrive at a reliable conclusion as to the safety of the gear or ladder. (examen approfondi)

    union purchase

    union purchase means a pair of derricks rigged in a fixed position with the cargo runners coupled. (colis volant)

    worker

    worker means any person engaged in material handling. (travailleur)

  • (2) For the purposes of this Part, a competent person is

    • (a) in respect of the testing and thorough examination of cargo gear,

      • (i) a marine safety inspector referred to in section 11 of the Act,

      • (ii) a surveyor employed by a classification society, or

      • (iii) if the gear is part of a vessel’s equipment, a surveyor authorized by or under the laws of the state whose flag the vessel is entitled to fly to perform the testing and thorough examination;

    • (b) in respect of the testing and thorough examination of specific cargo gear, a person who has appropriate technical qualifications with respect to its testing or thorough examination and is employed by

      • (i) a testing laboratory, or

      • (ii) a person engaged in the manufacture or repair of the gear; and

    • (c) in respect of the thorough examination of cargo gear, a person who is employed by the owner of the gear and who

      • (i) holds a master certificate of competency, a chief mate certificate of competency or a first- or second-class engineer certificate of competency, or

      • (ii) has the experience necessary to perform the thorough examinations.

  • (3) Until two years after the day on which this section comes into force a reference in this Part to “Convention 152” shall be read as a reference to “Convention 152 or the Convention Concerning the Protection Against Accidents of Workers Employed in Loading or Unloading Ships (Revised 1932), adopted by the International Labour Conference on April 27, 1932”.

Application

  •  (1) This Part applies in respect of

    • (a) cargo gear used in material handling; and

    • (b) shore-based power-operated ramps and accommodation ladders used to access vessels.

  • (2) This Part does not apply in respect of vessels engaged in dredging or construction operations.

  • (3) Sections 302 to 359 do not apply in respect of lifting appliances that are operated onshore or on a restricted vessel in accordance with any regulations of the province in which the lifting appliance is being operated, standards of the International Standards Organization or standards of the Deutsches Institut für Normung e. V. (DIN) that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

  • (4) Division 1 does not apply when the load handled does not exceed 455 kg.

DIVISION 1Cargo Gear

Compliance

  •  (1) The authorized representative of a vessel shall ensure that the requirements of this Division are met in respect of cargo gear that is part of the vessel’s equipment.

  • (2) Except as provided in subsection (3), the owner of cargo gear that is not part of a vessel’s equipment shall ensure that the requirements of this Division are met in respect of the gear.

  • (3) In the case of unitized cargo and wire banding or flat steel strapping that unitizes cargo,

    • (a) before the cargo is loaded on a vessel in Canadian waters, the shipper shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping; and

    • (b) while the cargo is being carried on or unloaded from a vessel, the master of the vessel shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping.

  • (4) If a category 4 lifting appliance is used on board a Canadian vessel on a temporary or seasonal basis, the owner of the appliance and the authorized representative of the vessel shall ensure that the requirements of this Division are met in respect of the appliance.

  • (5) Sections 303 to 306 do not apply in respect of cargo gear on board a foreign vessel if the gear was tested and examined in accordance with, and a certificate was signed after the last time the gear was tested or thoroughly examined under,

    • (a) the laws of the state whose flag the vessel is entitled to fly if that state is a party to Convention 152; or

    • (b) the regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

Testing, Thorough Examination and Inspection

Lifting Appliances
  •  (1) Every lifting appliance shall be tested by a competent person in the manner set out in Schedule 4

    • (a) before the appliance is used for the first time or, in the case of a category 4 lifting appliance installed on a vessel that is not a restricted vessel, before the first time it is used on the vessel;

    • (b) after replacement, modification or repair of any stress-bearing part, unless the part is mechanically detachable and has been tested separately from the appliance and certified in accordance with section 312;

    • (c) at least once every five years if the appliance is a category 1 lifting appliance, category 2 lifting appliance, or category 3 lifting appliance; and

    • (d) at least once every four years if the appliance is a category 4 lifting appliance.

  • (2) If a lifting appliance cannot be tested in the manner set out in Schedule 4 because of any design feature specific to the appliance, the testing shall be adapted to take that feature into account.

  • (3) A lifting appliance shall not be tested unless the competent person has been provided with

    • (a) a certificate in respect of the appliance that was issued under subsection 312(1) after a previous test;

    • (b) the design plans of the appliance’s manufacturer that set out the manufacturer’s ratings for the appliance, including its safe working load; or

    • (c) an affidavit sworn by the appliance’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

  • (4) A lifting appliance passes the test if

    • (a) the means provided on all winches to stop and hold the load in position are effective;

    • (b) if electrical winches are fitted with electromagnetic brakes and with mechanical brakes for manual operation, the mechanical brakes are in good condition;

    • (c) the emergency stopping devices fitted on winches are effective;

    • (d) no defects or signs of permanent deformation are detected; and

    • (e) in the case of a mobile crane on a vessel that is not a restricted vessel, the slewing capacity of the crane when tested secured to the vessel is adequate to control the boom under the heel produced by the testing.

  • (5) Paragraph (1)(a) does not apply in respect of a category 5 lifting appliance that is installed on a Canadian vessel that is not a Safety Convention vessel and is operated on that vessel before this section comes into force.

  •  (1) A lifting appliance shall be thoroughly examined

    • (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out under subsection 303(1); and

    • (b) by a competent person at least once every year after it is tested.

  • (2) A category 5 lifting appliance installed on a Canadian vessel that is not a Safety Convention vessel and operated on that vessel before this section comes into force shall be thoroughly examined

    • (a) by a person referred to in paragraph 300(2)(a) or (b) within one year after the day on which this section comes into force and at least once every five years after that examination; and

    • (b) by a competent person at least once every year after the most recent examination made in accordance with paragraph (a).

  • (3) A lifting appliance passes the examination if

    • (a) certificates have been issued under section 312 for the loose gear used with the appliance;

    • (b) the parts that align and swivel under load are free;

    • (c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order;

    • (d) parts are not affected by corrosion to the extent that they cannot be opened; and

    • (e) no defects or signs of permanent deformation are detected.

Loose Gear and Main Accessory Gear
  •  (1) The loose gear or main accessory gear set out in column 1 of Schedule 5 shall be tested by a competent person with a load equal to the load set out in column 2

    • (a) before the gear is used for the first time; and

    • (b) after the gear is modified or repaired and before it is used again.

  • (2) For the purpose of subsection (1),

    • (a) single-sheave pulley blocks with a becket shall be tested with the becket included in the reaving; and

    • (b) friction, electro-magnetic and vacuum connectors shall be tested for five minutes with the type of material that they are designed to lift.

  • (3) Main accessory gear shall not be tested unless the competent person has been provided with

    • (a) a certificate in respect of the gear that was issued under subsection 312(2) after a previous test;

    • (b) the design plans of the gear’s manufacturer that set out the manufacturer’s ratings for the gear, including its safe working load; or

    • (c) an affidavit sworn by the gear’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

  • (4) Gear passes the test if it is does not break and no defects or signs of permanent deformation are detected.

 
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