3. (1) Subject to subsection (2), these Regulations apply to
(a) any ship engaged in loading or unloading, or handling cargo, bunker coal, ship’s stores and ship and cargo fittings in Canada;
(b) any shore based derrick, crane or other loading or unloading equipment and any gear attached to that equipment when the equipment is being used in the processes; and
(c) any area on shore that is within the scope of any derrick, crane or other hoisting equipment used in loading or unloading a ship and the immediate approaches to such an area not including any sheds or warehouses or any part of a wharf forward or aft of the ship’s mooring lines.
(2) These Regulations do not apply to
(a) any fishing vessel; or
(b) any ship, where on account of the small quantity of cargo handled at any time it is not necessary to employ more than 10 workers in the processes and where the weight hoisted at any one time does not exceed 455 kg.
- SOR/79-784, s. 1.
4. Notwithstanding anything contained in these Regulations, the Board may, if satisfied that it can with propriety do so, exempt any ship or owner of cargo gear from full compliance with any of the requirements of these Regulations.
5. (1) Except as provided in subsection 11(4), the owner, master or officer in charge of a ship shall comply with Part III.
(2) [Repealed, SOR/2007-128, s. 401]
(3) Every person who by himself, his agents or workers carries on the processes, and all persons employed by him in the processes, shall comply with Part V.
(4) The owner, master or officer in charge of a ship shall comply with section 42 so far as it concerns
(a) any hatch not taken over by the persons, agents, workers or persons employed for the purposes of the processes, and
(b) any hatch that, after having been taken over by the persons, agents, workers or persons employed, for the purposes of the processes,
(i) has been reported by written notice, in the prescribed form, to the owner, master or officer in charge of the ship, by or on behalf of the persons, agents, workers or persons employed, as being a hatch at which the processes have been completed, or completed for the time being, and
(ii) has been left by the said persons, agents, workers or persons employed, fenced and covered as required by section 42, or has been taken into use by or on behalf of the owner of the ship, and in either case has been reported by the written notice referred to in subparagraph (i),
and the said owner, master or officer in charge of the ship shall give immediately a written acknowledgement, in the prescribed form, of the written notice referred to in paragraph (b).
- SOR/2007-128, s. 401.
PART IILIFE SAVING EQUIPMENT REQUIRED
6. (1) Where a ship is loading or unloading from or to a boom, raft or crib, the employer of the workers engaged in the processes shall keep in the water as near as practicable to the working place, a life saving boat equipped with oars, a boat hook, and an approved lifebuoy having 27 m of heaving line attached thereto.
(2) Where the speed of the current in the water where the loading or unloading from or to a boom, raft or crib is being carried on is three knots or more, the life saving boats referred to in subsection (1) shall, in addition to the equipment mentioned in that subsection, be manned and fitted with a motor.
- SOR/79-784, s. 2.
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