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

Application

• 301 (1) This Part applies in respect of

  • (a) cargo gear used in material handling; and

  • (b) shore-based power-operated ramps and accommodation ladders used to access vessels.

• (2) This Part does not apply in respect of vessels engaged in dredging or construction operations.

• (3) Sections 302 to 359 do not apply in respect of lifting appliances that are operated onshore or on a restricted vessel in accordance with any regulations of the province in which the lifting appliance is being operated, standards of the International Standards Organization or standards of the Deutsches Institut für Normung e. V. (DIN) that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

• (4) Division 1 does not apply when the load handled does not exceed 455 kg.

DIVISION 1Cargo Gear

Compliance

• 302 (1) The authorized representative of a vessel shall ensure that the requirements of this Division are met in respect of cargo gear that is part of the vessel’s equipment.

• (2) Except as provided in subsection (3), the owner of cargo gear that is not part of a vessel’s equipment shall ensure that the requirements of this Division are met in respect of the gear.

• (3) In the case of unitized cargo and wire banding or flat steel strapping that unitizes cargo,

  • (a) before the cargo is loaded on a vessel in Canadian waters, the shipper shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping; and

  • (b) while the cargo is being carried on or unloaded from a vessel, the master of the vessel shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping.

• (4) If a category 4 lifting appliance is used on board a Canadian vessel on a temporary or seasonal basis, the owner of the appliance and the authorized representative of the vessel shall ensure that the requirements of this Division are met in respect of the appliance.

• (5) Sections 303 to 306 do not apply in respect of cargo gear on board a foreign vessel if the gear was tested and examined in accordance with, and a certificate was signed after the last time the gear was tested or thoroughly examined under,

  • (a) the laws of the state whose flag the vessel is entitled to fly if that state is a party to Convention 152; or

  • (b) the regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

Testing, Thorough Examination and Inspection

Lifting Appliances

• 303 (1) Every lifting appliance shall be tested by a competent person in the manner set out in Schedule 4

  • (a) before the appliance is used for the first time or, in the case of a category 4 lifting appliance installed on a vessel that is not a restricted vessel, before the first time it is used on the vessel;

  • (b) after replacement, modification or repair of any stress-bearing part, unless the part is mechanically detachable and has been tested separately from the appliance and certified in accordance with section 312;

  • (c) at least once every five years if the appliance is a category 1 lifting appliance, category 2 lifting appliance, or category 3 lifting appliance; and

  • (d) at least once every four years if the appliance is a category 4 lifting appliance.

• (2) If a lifting appliance cannot be tested in the manner set out in Schedule 4 because of any design feature specific to the appliance, the testing shall be adapted to take that feature into account.

• (3) A lifting appliance shall not be tested unless the competent person has been provided with

  • (a) a certificate in respect of the appliance that was issued under subsection 312(1) after a previous test;

  • (b) the design plans of the appliance’s manufacturer that set out the manufacturer’s ratings for the appliance, including its safe working load; or

  • (c) an affidavit sworn by the appliance’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

• (4) A lifting appliance passes the test if

  • (a) the means provided on all winches to stop and hold the load in position are effective;

  • (b) if electrical winches are fitted with electromagnetic brakes and with mechanical brakes for manual operation, the mechanical brakes are in good condition;

  • (c) the emergency stopping devices fitted on winches are effective;

  • (d) no defects or signs of permanent deformation are detected; and

  • (e) in the case of a mobile crane on a vessel that is not a restricted vessel, the slewing capacity of the crane when tested secured to the vessel is adequate to control the boom under the heel produced by the testing.

• (5) Paragraph (1)(a) does not apply in respect of a category 5 lifting appliance that is installed on a Canadian vessel that is not a Safety Convention vessel and is operated on that vessel before this section comes into force.

• 304 (1) A lifting appliance shall be thoroughly examined

  • (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out under subsection 303(1); and

  • (b) by a competent person at least once every year after it is tested.

• (2) A category 5 lifting appliance installed on a Canadian vessel that is not a Safety Convention vessel and operated on that vessel before this section comes into force shall be thoroughly examined

  • (a) by a person referred to in paragraph 300(2)(a) or (b) within one year after the day on which this section comes into force and at least once every five years after that examination; and

  • (b) by a competent person at least once every year after the most recent examination made in accordance with paragraph (a).

• (3) A lifting appliance passes the examination if

  • (a) certificates have been issued under section 312 for the loose gear used with the appliance;

  • (b) the parts that align and swivel under load are free;

  • (c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order;

  • (d) parts are not affected by corrosion to the extent that they cannot be opened; and

  • (e) no defects or signs of permanent deformation are detected.

Loose Gear and Main Accessory Gear

• 305 (1) The loose gear or main accessory gear set out in column 1 of Schedule 5 shall be tested by a competent person with a load equal to the load set out in column 2

  • (a) before the gear is used for the first time; and

  • (b) after the gear is modified or repaired and before it is used again.

• (2) For the purpose of subsection (1),

  • (a) single-sheave pulley blocks with a becket shall be tested with the becket included in the reaving; and

  • (b) friction, electro-magnetic and vacuum connectors shall be tested for five minutes with the type of material that they are designed to lift.

• (3) Main accessory gear shall not be tested unless the competent person has been provided with

  • (a) a certificate in respect of the gear that was issued under subsection 312(2) after a previous test;

  • (b) the design plans of the gear’s manufacturer that set out the manufacturer’s ratings for the gear, including its safe working load; or

  • (c) an affidavit sworn by the gear’s manufacturer or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

• (4) Gear passes the test if it is does not break and no defects or signs of permanent deformation are detected.

• 306 (1) Loose gear and main accessory gear shall be thoroughly examined

  • (a) by a person referred to in paragraph 300(2)(a) or (b) on completion of every test carried out in accordance with subsection 305(1); and

  • (b) by a competent person at least once every year after it is tested.

• (2) Gear passes the examination if no defects or signs of permanent deformation are detected.

Wire Ropes

307 Before being used, wire rope shall be tested by a competent person causing a sample section to be pulled to destruction.

• 308 (1) Wire rope shall be thoroughly examined by a competent person at least once every year after it is tested or, if the rope passes over a drum or sheave, at least once every six months after it is tested.

• (2) Wire rope passes the examination if

  • (a) there is no sign of internal corrosion;

  • (b) there is no sign of a tendency towards separation of the strands or wires;

  • (c) there are no flats on individual wires;

  • (d) the number of broken wires in any length equal to eight diameters does not exceed

    • (i) 10% of the total number of wires in the length, or

    • (ii) any lesser number of broken wires that is required by section 12 of Wear Standards for Cargo Gear, TP 9396, published by the Department of Transport; and

  • (e) its diameter is not reduced by more than

    • (i) 7% when elongation of the lay has occurred or a strand is becoming buried, or

    • (ii) 10% when the lay is uniform.

Metal Fittings Attached to Wire Ropes

• 309 (1) Before being used, a metal fitting attached to a wire rope by swaging or socketing shall be tested by a competent person with a load equal to 200% of the rope’s safe working load.

• (2) A fitting passes the test if it does not break and no defects or signs of permanent deformation are detected.

• (3) Despite subsections (1) and (2), fittings attached by swaging by the same machine to wire rope that is the same type and size and is less than 25 mm in diameter may be type tested if

  • (a) at least 10% of the fittings are proof tested by a person referred to in paragraph 300(2)(b) with a load equal to 200% of the rope’s safe working load and the fittings tested do not break and no defects or signs of permanent deformation are detected;

  • (b) one fitting in every one thousand or fewer is pulled to destruction and the fitting does not break or fail at less than the breaking strength of the rope;

  • (c) the person who performs the proof testing signs a certificate that certifies that the fitting passed the test and sets out

    • (i) a description of the fittings and the rope,

    • (ii) any identifying marks on the fittings,

    • (iii) the name of the manufacturer of the fittings,

    • (iv) the date of the test, the number of fittings tested and the total number of fittings being certified,

    • (v) the load applied and the safe working load,

    • (vi) their name and

      • (A) if they are an employee, the name and address of their employer, or

      • (B) if they are not an employee, their address, and

    • (vii) their technical qualifications;

  • (d) the fittings are marked to identify them to the test certificate; and

  • (e) the certificate is kept on board the vessel or at the rope owner’s premises, as the case may be.

Prohibitions

• 310 (1) No lifting appliance, loose gear or main accessory gear shall be used unless a certificate was issued under subsection 312(1) or (2) after the last time it was tested or thoroughly examined under

  • (a) any of sections 303 to 306;

  • (b) the laws of a state whose flag a foreign vessel is entitled to fly if the appliance or gear is being used on the vessel and the state is a party to Convention 152; or

  • (c) regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by sections 303 to 306.

• (2) No loose gear or wire rope shall be used unless an expert person inspected it within the preceding three months and determined that it is safe to use.

• (3) No wire rope shall be used unless it passed its most recent thorough examination under section 308.

• (4) No wire rope in which any wire is broken shall be used unless an expert person inspects it on the day of its intended use and determines that it is safe to use.

• (5) No wire rope with a metal fitting attached to it by swaging or socketing shall be used unless the metal fitting passed the test under section 309.

• (6) Friction, electro-magnetic and vacuum connectors shall not be used to lift any type of material not listed on the certificate issued under subsection 312(2) if anyone is within range of any material that could fall when the lifting is started.

• (7) No mechanical, electrical, gearing, hydraulic or pneumatic system or machine shall be used if it is not in good working order.