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

Regulations are current to 2019-06-20 and last amended on 2018-11-02. 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 means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

    inland waters of Canada

    inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

    • (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

    • (b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63o W. (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 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 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.

 
Date modified: