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

Regulations are current to 2022-01-12 and last amended on 2021-10-31. Previous Versions

Cargo, Fumigation and Tackle Regulations

SOR/2007-128

CANADA SHIPPING ACT, 2001

Registration 2007-06-07

Cargo, Fumigation and Tackle Regulations

P.C. 2007-926 2007-06-07

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d), (e)Footnote a and (g)Footnote a and subsection 120(1) of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Cargo, Fumigation and Tackle Regulations.

Interpretation

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Canada Shipping Act, 2001. (Loi)

    cargo transport unit

    cargo transport unit means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon or a portable tank. (engin de transport)

    IMO

    IMO means the International Maritime Organization. (OMI)

    Minister

    Minister means the Minister of Transport. (ministre)

    short-run ferry

    short-run ferry means a vessel that regularly operates over the most direct water route between two points not more than 5 km apart and that is limited to the transport of unberthed passengers and of cargo transport units carried on an open vehicle deck. (traversier)

    SOLAS

    SOLAS means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS)

  • (2) For the purpose of interpreting a document incorporated by reference in these Regulations other than CAN/CSA Standard S826.1-01, Ferry Boarding Facilities, “should” shall be read to mean “shall”.

  • (3) For the purposes of these Regulations, every reference to “Administration” in a document incorporated by reference in these Regulations means

    • (a) in respect of a Canadian vessel, the Minister; and

    • (b) in respect of a foreign vessel, the government of the state whose flag the vessel is entitled to fly.

  • (4) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

Application

  •  (1) Except as otherwise provided in Parts 1 to 3, these Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

  • (2) These Regulations, other than section 102, do not apply in respect of

    • (a) pleasure craft; or

    • (b) vessels used for commercially catching, harvesting or transporting fish or other living marine resources unless the vessels are 24 m or more in length and their sole participation in those activities is in respect of the catch or harvest of other vessels or of aquaculture facilities.

  • (3) These Regulations do not apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

[3 to 99 reserved]

PART 1Cargo

Interpretation

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

    BLU Code

    BLU Code means the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, published by the IMO. (Recueil BLU)

    bulk cargo

    bulk cargo means any cargo that is generally uniform in composition and is loaded directly into the cargo space of a vessel without any intermediate form of containment. (cargaison en vrac)

    company

    company

    • (a) in respect of a Canadian vessel, means its authorized representative; and

    • (b) in respect of a foreign vessel, has the meaning assigned by regulation 1 of Chapter IX of SOLAS. (compagnie)

    CSS Code

    CSS Code means the Code of Safe Practice for Cargo Stowage and Securing, published by the IMO. (Recueil CSS)

    dangerous goods

    dangerous goods, except in Division 2, means the substances, materials and articles covered by the IMDG Code. (marchandises dangereuses)

    IMDG Code

    IMDG Code means the International Maritime Dangerous Goods Code, published by the IMO. (Code IMDG)

    inland voyage

    inland voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux internes)

    inland waters of Canada

    inland waters of Canada has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (eaux internes du Canada)

    International Grain Code

    International Grain Code means the International Code for the Safe Carriage of Grain in Bulk, published by the IMO. (Recueil international de règles sur les grains)

    near coastal voyage, Class 2

    near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage à proximité du littoral, classe 2)

    packaged goods

    packaged goods means dangerous goods in a form of containment specified in the IMDG Code for those goods. (marchandises emballées)

    sheltered waters voyage

    sheltered waters voyage has the same meaning as in section 1 of the Vessel Safety Certificates Regulations. (voyage en eaux abritées)

  • (2) For the purpose of this Part, a vessel is constructed on the earliest of

    • (a) the day on which its keel is laid,

    • (b) the day on which construction identifiable with a specific vessel begins, and

    • (c) the day on which assembly of the vessel reaches the lesser of 50 tonnes and 1% of the estimated mass of all structural material.

Exemptions and Equivalents

 For the purposes of this Part, the Marine Technical Review Board established under section 26 of the Act may exercise the powers of the Administration under regulations 4 and 5 of Chapter I of SOLAS.

General — Marking Mass of One Tonne or More

  •  (1) No person shall consign to be loaded on a vessel in Canadian waters a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

  • (2) The authorized representative and the master of a vessel in Canadian waters, and every agent charged with loading a vessel in Canadian waters, shall not cause or permit to be loaded on the vessel a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

  • (3) If the exact mass of the package or object would be difficult to ascertain because of its nature, an approximate mass may be marked accompanied by the word “approximate” or “approximatif”, or a reasonable abbreviation.

DIVISION 1Cargo Other Than Bulk Cargo or Dangerous Goods

Application

 This Division applies in respect of loading and carrying cargo other than bulk cargo or dangerous goods.

Regulations 2 and 5.1 to 5.5 of Chapter VI of SOLAS

  •  (1) Every shipper of cargo to be loaded in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

  • (2) Every person who packs cargo shall comply with regulations 5.2 and 5.5 of Chapter VI of SOLAS.

  • (3) The master of a vessel shall ensure that the requirements of regulations 5.1, 5.3 and 5.4 of Chapter VI of SOLAS are met.

Cargo Securing Manual

  •  (1) The master of a vessel engaged on or about to engage on a voyage shall ensure that the requirements of regulation 5.6 of Chapter VI of SOLAS are met and keep on board the Cargo Securing Manual referred to in that regulation unless

    • (a) the vessel is a Canadian vessel engaged or about to engage on a sheltered waters voyage or a near coastal voyage, Class 2; or

    • (b) the vessel is engaged or about to engage on an inland voyage.

  • (2) For the purposes of regulation 5.6 of Chapter VI of SOLAS, the Minister shall, on application, approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code.

DIVISION 2Solid Bulk Cargo Other Than Grain

Interpretation

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

    BC Code

    BC Code[Repealed, SOR/2021-60, s. 2]

    concentrates

    concentrates means materials that are obtained from a natural ore by a process of enrichment or benificiation by physical or chemical separation and removal of unwanted constituents. (concentrés)

    dangerous goods

    dangerous goods means materials that are covered by the IMDG Code and are solid bulk cargo. (marchandises dangereuses)

    double-side skin

    double-side skin means, in respect of a vessel, that each side of the vessel is constructed by the side shell and a longitudinal bulkhead that connects the double bottom and the deck. Hopper side tanks and top-side tanks may, if fitted, be integral parts. (double muraille)

    IMSBC Code

    IMSBC Code means the International Maritime Solid Bulk Cargoes Code, published by the IMO. (Code IMSBC)

    incompatible

    incompatible, in respect of two or more kinds of goods, means that the goods may react dangerously when mixed. (incompatible)

    length

    length, in respect of a vessel, means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline if that is greater. In vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur)

    single-side skin construction

    single-side skin construction, in respect of vessel, means that

    • (a) any part of a cargo hold is bounded by the side shell; or

    • (b) one or more cargo holds are bounded by a double-side skin with a width measured perpendicular to the side shell of less than 760 mm in vessels constructed before January 1, 2000 and less than 1 000 mm in vessels constructed on or after January 1, 2000 but before July 1, 2006. (muraille simple)

    solid bulk cargo

    solid bulk cargo means any bulk cargo other than liquid or gas. (cargaison solide en vrac)

    space

    space means an enclosed space in a vessel. (espace)

  • (2) If dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall be regarded as a single vessel for the purposes of this Division.

  • (3) For the purposes of this Division, every reference to “competent authority”, “authority of the port of State” or “appropriate authority” in the IMSBC Code means

    • (a) in the case of a vessel in Canadian waters or a Canadian vessel in international waters, the Minister;

    • (b) in the case of a vessel in the waters of a foreign state, the government of that state; and

    • (c) in the case of a foreign vessel in international waters, the government of the state whose flag the vessel is entitled to fly.

Application

 This Division applies in respect of loading, carrying and unloading solid bulk cargo other than grain.

General

Chapter VI of SOLAS and the IMSBC Code
[
  • SOR/2021-60, s. 4
]
  •  (1) The master of a vessel shall ensure that the requirements of the following are met:

    • (a) regulation 3.1 of Chapter VI of SOLAS;

    • (b) Part B of Chapter VI of SOLAS, except in so far as the requirements apply to the terminal representative; and

    • (c) subject to section 117, the IMSBC Code.

  • (2) Every terminal representative shall ensure that the requirements of Part B of Chapter VI of SOLAS that apply to terminal representatives are met.

  • (3) Regulation 7.2 of Chapter VI of SOLAS does not apply before January 1, 2011 in respect of a Canadian vessel that is not a Safety Convention vessel if the master has comprehensive information on the following:

    • (a) the effects of loading, carrying and unloading solid bulk cargo on the vessel’s stability; and

    • (b) the distribution of solid bulk cargo so as not to overstress the vessel’s structure under standard loading conditions.

  • (4) The master and the terminal representative shall ensure that the plan required by regulation 7.3 of Chapter VI of SOLAS contains the information required by Appendix 2 to the BLU Code. For vessels in respect of which subsection (3) applies, the plan need not contain the calculated values of maximum permissible bending moments and shear forces.

  • (5) The master shall keep a copy of the plan on board.

  • (6) For the purposes of this section in respect of loading or unloading a vessel in Canadian waters, the reference in Part B of Chapter VI of SOLAS to “the appropriate authority of the port State” shall be read as a reference to “the terminal operator”.

  • (7) In this section, terminal representative has the same meaning as in regulation 7.1 of Chapter VI of SOLAS.

Chapter XII of SOLAS
  •  (1) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulations 6.1.1 to 6.1.3 of Chapter XII of SOLAS

    • (a) in the case of a vessel constructed 17 years or more before the day on which this section comes into force, no later than the day on which this section comes into force; and

    • (b) in the case of a vessel constructed less than 17 years before the day on which this section comes into force, on the earliest of

      • (i) the seventeenth anniversary of the date of its construction,

      • (ii) the day on which this section comes into force if on or before that day and after the fifteenth anniversary of the date of its construction the vessel had a periodical inspection required by regulation 2 of Chapter XI of SOLAS, and

      • (iii) the day on which it has its first periodical inspection required by regulation 2 of Chapter XI of SOLAS after the fifteenth anniversary of the date of its construction if that day is after the day on which this section comes into force.

  • (2) The master of a Safety Convention vessel shall ensure that the vessel complies with regulation 6.4 of Chapter XII of SOLAS.

  • (3) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed on or after July 1, 1996 but before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 7.1 of Chapter XII of SOLAS.

  • (4) The authorized representative of a Safety Convention vessel shall ensure that the requirement of regulation 8.3 of Chapter XII of SOLAS is met.

  • (5) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel complies with regulation 11.1 of Chapter XII of SOLAS.

  • (6) Subsection (5) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply in respect of the vessel.

  • (7) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel complies with regulation 11.3 of Chapter XII of SOLAS.

  • (8) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction and is carrying solid bulk cargo that has a density of 1 780 kg/m3 or more shall ensure that the vessel complies with regulation 14 of Chapter XII of SOLAS, unless that regulation does not apply in respect of the vessel.

 
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