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

Regulations are current to 2024-08-18 and last amended on 2021-10-31. Previous Versions

PART 3Tackle (continued)

DIVISION 1Cargo Gear (continued)

Testing, Thorough Examination and Inspection (continued)

  •  (1) Loose gear and main accessory gear shall be thoroughly examined

    • (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out in accordance with subsection 305(1); and

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

  • (2) Gear passes the examination if no defects or signs of permanent deformation are detected.

Wire Ropes

 Before being used, wire rope shall be tested by a competent person causing a sample section to be pulled to destruction.

  •  (1) Wire rope shall be thoroughly examined by a competent person at least once every year after it is tested or, if the rope passes over a drum or sheave, at least once every six months after it is tested.

  • (2) Wire rope passes the examination if

    • (a) there is no sign of internal corrosion;

    • (b) there is no sign of a tendency towards separation of the strands or wires;

    • (c) there are no flats on individual wires;

    • (d) the number of broken wires in any length equal to eight diameters does not exceed

      • (i) 10% of the total number of wires in the length, or

      • (ii) any lesser number of broken wires that is required by section 12 of Wear Standards for Cargo Gear, TP 9396, published by the Department of Transport; and

    • (e) its diameter is not reduced by more than

      • (i) 7% when elongation of the lay has occurred or a strand is becoming buried, or

      • (ii) 10% when the lay is uniform.

Metal Fittings Attached to Wire Ropes
  •  (1) Before being used, a metal fitting attached to a wire rope by swaging or socketing shall be tested by a competent person with a load equal to 200% of the rope’s safe working load.

  • (2) A fitting passes the test if it does not break and no defects or signs of permanent deformation are detected.

  • (3) Despite subsections (1) and (2), fittings attached by swaging by the same machine to wire rope that is the same type and size and is less than 25 mm in diameter may be type tested if

    • (a) at least 10% of the fittings are proof tested by a person referred to in paragraph 300(2)(b) with a load equal to 200% of the rope’s safe working load and the fittings tested do not break and no defects or signs of permanent deformation are detected;

    • (b) one fitting in every one thousand or fewer is pulled to destruction and the fitting does not break or fail at less than the breaking strength of the rope;

    • (c) the person who performs the proof testing signs a certificate that certifies that the fitting passed the test and sets out

      • (i) a description of the fittings and the rope,

      • (ii) any identifying marks on the fittings,

      • (iii) the name of the manufacturer of the fittings,

      • (iv) the date of the test, the number of fittings tested and the total number of fittings being certified,

      • (v) the load applied and the safe working load,

      • (vi) 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

      • (vii) their technical qualifications;

    • (d) the fittings are marked to identify them to the test certificate; and

    • (e) the certificate is kept on board the vessel or at the rope owner’s premises, as the case may be.

Prohibitions
  •  (1) No lifting appliance, loose gear or main accessory gear shall be used unless a certificate was issued under subsection 312(1) or (2) after the last time it was tested or thoroughly examined under

    • (a) any of sections 303 to 306;

    • (b) the laws of a state whose flag a foreign vessel is entitled to fly if the appliance or gear is being used on the vessel and the state is a party to Convention 152; or

    • (c) 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 sections 303 to 306.

  • (2) No loose gear or wire rope shall be used unless an expert person inspected it within the preceding three months and determined that it is safe to use.

  • (3) No wire rope shall be used unless it passed its most recent thorough examination under section 308.

  • (4) No wire rope in which any wire is broken shall be used unless an expert person inspects it on the day of its intended use and determines that it is safe to use.

  • (5) No wire rope with a metal fitting attached to it by swaging or socketing shall be used unless the metal fitting passed the test under section 309.

  • (6) Friction, electro-magnetic and vacuum connectors shall not be used to lift any type of material not listed on the certificate issued under subsection 312(2) if anyone is within range of any material that could fall when the lifting is started.

  • (7) No mechanical, electrical, gearing, hydraulic or pneumatic system or machine shall be used if it is not in good working order.

Registers and Certificates

Registers
  •  (1) The master of a vessel shall keep on board the vessel a register that lists the cargo gear that forms part of the equipment of the vessel.

  • (2) A register that lists cargo gear that does not form part of the equipment of a vessel and is tested or thoroughly examined under any of sections 303 to 306 shall be kept at the premises of the gear’s owner.

  • (3) A competent person who tests or thoroughly examines a lifting appliance, loose gear or main accessory gear shall enter the following in the register in a space adjacent to the listing for the appliance or gear and shall sign the register:

    • (a) the date of the test or examination;

    • (b) the particulars and results of the test or examination;

    • (c) their name and

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

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

    • (d) the position, qualifications, certification or experience that qualifies them as a competent person.

  • (4) A competent person who thoroughly examines a category 1 lifting appliance, a category 2 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance that has been in use for five years or more shall record measurements of any corrosion, deformation or significant wear in structural or moving parts under subsection (3) or in a certificate attached to the register under subsection 312(7) if such measurements have not been so recorded within the previous five years.

  • (5) A competent person who thoroughly examines a wire rope shall enter the following in the register in a space adjacent to the listing of the rope or, if the rope is part of a lifting appliance, in a space adjacent to the listing for the appliance, and shall sign the register:

    • (a) the date of the examination;

    • (b) the particulars and results of the examination;

    • (c) their name and

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

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

    • (d) the position, qualifications, certification or experience that qualifies them as a competent person.

  • (6) Despite subsections (3) to (5), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the competent person may enter the information required by that state.

Certificates
  •  (1) If a lifting appliance passes the test under section 303 or the thorough examination under section 304, the competent person shall sign and issue a certificate that certifies that the appliance passed the test or examination and sets out

    • (a) the location and a description of the appliance;

    • (b) any identifying marks on the appliance;

    • (c) if a test was conducted, the load applied and either the angle to the horizontal or the radius at which the load was applied;

    • (d) their name and

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

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

    • (e) the position, qualifications, certification or experience that qualifies them as a competent person.

  • (2) If loose gear or main accessory gear passes the test under section 305 or the thorough examination under section 306, the competent person shall sign and issue a certificate that certifies that it passed the test or examination and sets out

    • (a) the location and a description of the gear;

    • (b) any identifying marks on the gear;

    • (c) in the case of loose gear,

      • (i) the name of its manufacturer or supplier, and

      • (ii) if a test was conducted, the date of the test and the number of similar pieces of gear tested on that date;

    • (d) if a test was conducted, the load applied and the safe working load;

    • (e) in the case of a test of a friction, an electro-magnetic or a vacuum connector, the type of material tested;

    • (f) their name and

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

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

    • (g) the position, qualifications, certification or experience that qualifies them as a competent person.

  • (3) After wire rope is tested under section 307, the competent person shall sign and issue a certificate that sets out

    • (a) a description of the rope;

    • (b) any identifying marks on the rope;

    • (c) the name of the manufacturer or supplier of the rope,

    • (d) the circumference or diameter of the rope, the number of wires per strand, the lay, the quality of the wire and the load at which a sample of the rope broke;

    • (e) the date of the test;

    • (f) their name and

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

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

    • (g) the position, qualifications or experience that qualifies them as a competent person.

  • (4) If derricks are tested when operated in union purchase, the competent person shall sign and issue a certificate that sets out

    • (a) the location and a description of the derricks and the manner in which they are rigged;

    • (b) any identifying marks on the derricks;

    • (c) the maximum height of the triangle plate above the hatch coaming or the maximum angle between cargo runners;

    • (d) the load applied and the angle to the horizontal or the radius at which the load was applied;

    • (e) the position of outboard and inboard preventer guy attachments;

    • (f) their name and

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

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

    • (g) the position, qualifications or experience that qualifies them as a competent person.

  • (5) The competent person shall provide the certificate to

    • (a) in the case of cargo gear that forms part of the equipment of a vessel, the vessel’s master; and

    • (b) in the case of cargo gear that does not form part of the equipment of a vessel, the gear’s owner.

  • (6) Despite subsection (1), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the certificate may set out the information required by that state.

  • (7) Certificates shall be attached to the register.

Easily Identifiable Cargo Gear

 Cargo gear shall be easily identifiable from the information set out in any certificate for the gear or from any entry for the gear in a vessel’s register.

Prohibitions on Using Cargo Gear
  •  (1) If a person does not produce the register when directed to do so under paragraph 211(4)(e) of the Act, cargo gear that should be listed in the register shall not be used until it is produced.

  • (2) If the certificates for any cargo gear that should be listed in the register are not attached to it when it is produced, that cargo gear shall not be used until the certificates are produced or the cargo gear is tested or thoroughly examined.

Reporting Changes

 If a person is directed under paragraph 211(4)(e) of the Act to produce the register, on production of the register, the person shall report any change in the cargo gear listed in the register since it was last tested that could adversely affect the results of that test.

Preservation

 The register and certificates shall be kept on board the vessel or at the cargo gear owner’s premises, as the case may be, for at least five years after the date of the most recent entry in the register.

Safety Factors

  •  (1) The safety factors set out in or determined in accordance with any of the following shall be adopted as a minimum in the manufacture of the articles set out in column 1 of Schedule 6:

    • (a) column 2;

    • (b) the regulations, rules or codes of a classification society;

    • (c) if the article is a part of a lifting appliance that is operated onshore or on a restricted vessel,

      • (i) the regulations of the province in which the appliance is being operated,

      • (ii) the standards of the International Standards Organization, or

      • (iii) the standards of the Deutsches Institut für Normung e. V. (DIN); or

    • (d) in the case of wire rope that is part of a lifting appliance that is operated onshore or on a restricted vessel, paragraph E.1.2 of Appendix E to Safety and Health in Ports.

  • (2) Cargo gear shall not be used when, because of wear, corrosion or other reasons, the safety factor of any part of it is less than 80% of the safety factor adopted in its manufacture.

Safe Working Loads

Exceeding Safe Working Loads
  •  (1) No lifting appliance shall be loaded beyond its safe working load.

  • (2) The resultant load on main accessory gear or loose gear used with a lifting appliance shall not exceed the safe working load of the gear.

  • (3) Single-sheave pulley blocks may be used in any position where the maximum resultant load on the head fitting is not more than twice the safe working load engraved or stamped on the block.

Determining Safe Working Loads
Derricks

 In each case referred to in subsections 323(2) and (3), the safe working load shall be determined for the lowest working angle of the boom shown in the rigging plan for the derrick.

Loose Gear — General
  •  (1) The safe working load of loose gear shall be determined by an expert person testing a prototype of the gear to destruction.

  • (2) Despite subsection (1), the safe working load of specially designed spreader beams, lifting frames and lifting clamps shall be determined by an expert person using design calculations.

 

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