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

Personnel Protection and Safety Devices

• 136 (1) The English version of 5.1 of the Timber Code shall be read without reference to “and workers”.

• (2) Compliance with the requirements of 5.3 of the Timber Code is required only on the completion of loading and securing.

Stowing Athwartships

137 Despite 2.8 of Appendix A to the Timber Code, athwartship packages may be laid in two adjacent tiers in the deck stow above the level of the hatches if they

• (a) are overstowed by at least two layers of packages in the fore and aft direction;

• (b) are separated from any other athwartship layers in the deck stow by at least one layer of packages in the fore and aft direction; and

• (c) are not wrapped in any material that would facilitate movement of the tiers.

Lashings and Components — Other Requirements

• 138 (1) The master of a vessel shall ensure that lashings and components are visually examined before timber is loaded.

• (2) The master shall ensure that lashings are 13 mm or more in diameter in the case of chains and 16 mm or more in diameter in the case of wire rope.

Wrappings and Coverings

• 139 (1) The master of a vessel shall ensure that

  • (a) there are no wrapped bundles of lumber on the outside or next to the outside of the upper tier unless the wrapping has a non-skid surface; and

  • (b) any wrapped bundles of lumber with uneven lengths are marked distinctively.

• (2) Unless a vessel’s Cargo Securing Manual sets out requirements with respect to the use of coverings, such as tarpaulins, on timber, if timber is covered the vessel’s master shall ensure that

  • (a) the covering is secured to withstand the intended voyage;

  • (b) if there is more than one tier of timber, bundles of timber on the top tier are tightly packed so as to provide as continuous a surface as possible for the covering to rest on; and

  • (c) any gaps between bundles are filled in or marked.

Certificates of Readiness to Load

• 140 (1) This section applies in respect of vessels in Canadian waters that load timber for export to a place that is not within the limits of an inland voyage.

• (2) No vessel in Canadian waters shall load timber except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec.

• (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if

  • (a) the applicable requirements of sections 132 to 139 are met;

  • (b) the Timber Code is on board the vessel; and

  • (c) the vessel is in fit condition to carry timber on the uncovered part of the freeboard or superstructure deck on which the timber is to be loaded.

• (4) The Minister may, for the purpose of ensuring compliance with sections 132 to 139, specify the following terms and conditions in a Certificate of Readiness to Load:

  • (a) the type of timber that may be loaded;

  • (b) the freeboard or superstructure deck on which the timber may be loaded;

  • (c) the manner in which the timber is to be distributed;

  • (d) the ballast that is to be used; and

  • (e) the uprights that are required.

• (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements.

Fitness to Proceed Certificates

• 141 (1) No vessel that is carrying timber for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2).

• (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with timber if

  • (a) the applicable requirements of sections 132 to 139 are met;

  • (b) if a Certificate of Readiness to Load was issued under subsection 140(3), the vessel was loaded in accordance with the Certificate; and

  • (c) the vessel is fit to proceed to sea.

DIVISION 5Packaged Goods

Interpretation

142 The following definitions apply in this Division.

compatible

compatible, in respect of goods, means able to be stowed together without creating undue hazards in case of leakage, spillage or other accidents. (compatible)

INF cargo

INF cargo means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo in accordance with Class 7 of the IMDG Code. (cargaison INF)

INF Code

INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, published by the IMO. (Recueil INF)

military explosives

military explosives means explosives that are under the control of

• (a) the Minister of National Defence;

• (b) the military establishment of a member country of the North Atlantic Treaty Organization; or

• (c) the military establishment of another country under an agreement with the Department of National Defence. (explosifs militaires)

net explosives quantity

net explosives quantity means the net mass of explosives but does not include the mass of the means of containment. (quantité nette d’explosifs)

passenger vessel

passenger vessel means a vessel that is carrying at least

• (a) the greater of 25 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying dangerous goods other than explosives; and

• (b) the lesser of 13 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. (bâtiment à passagers)

Application

• 143 (1) This Division 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, and approaching the unit is prohibited; and

  • (c) any parking brakes that are fitted on the unit are securely set.

• (2) This Division does not apply in respect of dangerous goods carried in bulk or ships’ stores and equipment.

Packaging

• 144 (1) If the IMDG Code requires that dangerous goods be packaged for transportation by a vessel, no person shall carry those goods unless they are packaged in a form of containment specified by the IMDG Code for those goods.

• (2) If the IMDG Code does not require that dangerous goods be packaged for transportation by a vessel but they are packaged, no person shall carry those goods unless the packaging is a form of containment specified by the IMDG Code for those goods.

Packing

• 145 (1) Every person who packs dangerous goods in a cargo transport unit shall pack and secure them in a manner that meets the standards set out in chapters 1 to 6 of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units, published by the IMO, or other standards that the Minister determines provide a level of safety that is equivalent to or higher than that of those standards.

• (2) Every person who packs dangerous goods in a cargo transport unit shall ensure that

  • (a) the unit is, immediately before stowing,

    • (i) clean, dry and apparently fit to receive the goods, and

    • (ii) free of irrelevant placards;

  • (b) packages that need to be segregated in accordance with the IMDG Code are so segregated, except as provided in subsection 146(4);

  • (c) all packages are externally inspected for damage and only dry, sound packages are packed;

  • (d) all drums are stowed in an upright position;

  • (e) all packages are properly stowed in the unit and adequately secured to restrain against movement;

  • (f) goods loaded in bulk are evenly distributed within the unit;

  • (g) if any of the goods are of Class 1 except for division 1.4, the unit is structurally serviceable as provided for in section 7.4.6 of the IMDG Code;

  • (h) a Dangerous Goods Declaration has been received for each dangerous goods consignment stowed in the unit;

  • (i) the unit’s doors or similar openings are closed and properly secured by a latch or other means;

  • (j) if the unit is temperature controlled, it has machinery and a power supply that are of a type unable to create a hazard for the goods and are in good working order; and

  • (k) if solid carbon dioxide is used for cooling purposes, the unit is externally marked or labelled in a conspicuous place with the words “DANGEROUS CO₂ (DRY ICE) INSIDE, VENTILATE THOROUGHLY BEFORE ENTERING” or “DANGER, CONTIENT DU CO₂ (NEIGE CARBONIQUE), AÉRER COMPLÈTEMENT AVANT D’ENTRER”.

Carriage of Packaged Goods

• 146 (1) Subject to sections 148 and 151, subsections 154(3), 157(3) and (4) and section 158, the master of a vessel shall ensure that the requirements of the following are met:

  • (a) the IMDG Code in respect of carrying packaged goods on the vessel;

  • (b) regulations 4.4, 4.5, 5 and 6.1 of Chapter VII of SOLAS; and

  • (c) chapters 2 to 11 of the INF Code, if the vessel carries INF Cargo.

• (2) Every company shall ensure that the requirements of regulation 6.2 of Chapter VII of SOLAS are met in respect of its vessels.

• (3) Every person who ships packaged goods by a vessel or consigns packaged goods to a vessel in a cargo transport unit that is not required to be marked by the Transportation of Dangerous Goods Regulations shall comply with any reasonable request that the vessel’s authorized representative or master makes in respect of the goods in order to comply with the requirements of the IMDG Code respecting stowage and segregation if the cargo transport unit

  • (a) is carried by vessel between two places in Canada; and

  • (b) is loaded with less than 500 kg of packaged goods.

• (4) The “AWAY FROM” segregation requirement in the IMDG Code for incompatible dangerous goods that are carried in the same cargo transport unit does not apply if they

  • (a) are carried on

    • (i) a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage, or

    • (ii) a voyage between two places in Canada during which the vessel is never more than 120 nautical miles from shore or 200 nautical miles from a place of refuge; and

  • (b) are separated by a minimum horizontal separation of 2 m, projected vertically.

Power to Refuse to Take Packaged Goods on Board

147 If a vessel’s authorized representative or master suspects that a means of containment contains dangerous goods and that the requirements of this Division have not been met in respect of those goods, the authorized representative or the master may take any reasonable steps necessary to determine if the suspicion is correct and, if it is, refuse to take the means of containment on board.

Cargo Securing Manual

• 148 (1) Compliance with the requirements of regulation 5 of Chapter VII of SOLAS is not required if

  • (a) the vessel is a Canadian vessel engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage between Canadian ports; and

  • (b) all cargo on board the vessel is loaded, stowed and secured in a manner that ensures that, under normal conditions of transport, no means of containment for dangerous goods

    • (i) becomes damaged in a way that could lead to an accidental release of the dangerous goods, or

    • (ii) causes damage to other cargo that could lead to an accidental release of the dangerous goods.

• (2) For the purposes of regulation 5 of Chapter VII of SOLAS, on application, the Minister shall 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.

• (3) Unless subsection (1) applies, the master of a vessel shall keep on board the Cargo Securing Manual referred to in regulation 5 of Chapter VII of SOLAS.