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

Interpretation

• 1 (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

• 2 (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

• 100 (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

101 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

• 102 (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

103 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

• 104 (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

• 105 (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

• 106 (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.