Cargo, Fumigation and Tackle Regulations

108 (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 BC 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.