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

Equivalents

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

• (a) carried only between places in Canada; and

• (b) packed, marked and documented in accordance with the Transportation of Dangerous Goods Regulations.

Movement Document or Manifest

164 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

200 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)

Application

201 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

202 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

• 203 (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

• 204 (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

205 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

• 206 (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

• 207 (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

208 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

209 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

• 210 (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.