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

Regulations are current to 2019-11-19 and last amended on 2018-11-02. Previous Versions

PART 2Fumigation (continued)

DIVISION 2Fumigation of Cargo, Cargo Spaces and Accommodation Spaces While a Vessel Is Alongside (continued)

Fumigation of Cargo

  •  (1) Despite paragraph 210(1)(a), the fumigator-in-charge may begin fumigating cargo or permit it to begin when there are crew members on board the vessel who are not engaged in the fumigation or in the care of the vessel if

    • (a) the fumigator-in-charge has inspected the space in which the cargo is located and has advised the vessel’s master in writing that during the fumigation no fumigant is likely to leak from the space containing the cargo and into a space that is ordinarily occupied by crew members; and

    • (b) the space in which the cargo is located

      • (i) is not adjacent to a space that is ordinarily occupied by crew members, and

      • (ii) is separated by at least two gas-tight bulkheads from a space used by crew members.

  • (2) During a fumigation begun under subsection (1), the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2.

  • (3) If a test result shows that the concentration of a fumigant exceeds the applicable TLV, all persons on board the vessel who are not wearing the self-contained breathing apparatus required by paragraph 210(3)(d) shall immediately disembark.

  • (4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass

    • (a) through the bulkhead; or

    • (b) over the top, under the bottom or around either end of the bulkhead.

Aeration

  •  (1) After a space is fumigated, the fumigator-in-charge shall ensure that it is aerated.

  • (2) Before the aeration begins, the fumigator-in-charge shall advise the vessel’s master in writing of the location of the spaces that will be occupied by a crew member for the purpose of assisting in the aeration.

  • (3) A crew member may, subject to the direction of the fumigator-in-charge, board the vessel to assist in the aeration by opening the hatches of the vessel and operating generating and ventilation machinery if the crew member is wearing the self-contained breathing apparatus required by paragraph 210(3)(d).

  • (4) If a crew member assists in the aeration of a space, the fumigator-in-charge shall, as frequently as he or she determines it is necessary, conduct tests to measure the concentration of the fumigant in every space occupied by the member.

  • (5) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall wear the self-contained breathing apparatus required by paragraph 210(3)(d) or evacuate the space until a test result shows that the concentration of the fumigant does not exceed the applicable TLV.

Clearance Certificates

  •  (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel unless the vessel is gas-free.

  • (2) If the vessel is gas-free, the fumigator-in-charge shall issue a clearance certificate.

  • (3) Subject to Division 3, until a clearance certificate is issued, the vessel shall remain alongside.

  • (4) The vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance.

DIVISION 3Fumigation in Transit

Beginning Fumigation in Canadian Waters

 No person shall begin fumigation in transit on a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port.

SUBDIVISION 1Beginning Fumigation in a Canadian Port

Application

 This Subdivision applies in respect of fumigation in transit on a foreign vessel that begins when the vessel is moored or at anchor in a Canadian port.

Methyl Bromide

 No person shall fumigate with methyl bromide.

General
  •  (1) No person shall begin fumigation unless

    • (a) the fumigator-in-charge, accompanied by the vessel’s master or the master’s agent, has inspected the space in which the cargo is to be fumigated before the cargo that is to be fumigated is loaded on board and has determined that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

    • (b) the fumigator-in-charge has given a notice in writing to the vessel’s master that specifies

      • (i) the name of the fumigant that will be used,

      • (ii) any hazards that the fumigation might present,

      • (iii) the precautions or other steps that the crew shall take in relation to the fumigation, and

      • (iv) the results of the inspection referred to in paragraph (a) and specifically the determination of the fumigator-in-charge that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

    • (c) the loading of cargo onto the vessel is completed and all persons, other than the persons who are engaged in the fumigation or who will sail with the vessel, have disembarked;

    • (d) the fumigator-in-charge has given notice in writing to the following of the location of the spaces that will be fumigated and of all other spaces that the fumigator-in-charge determines are unsafe for entry by any person during the fumigation and before the vessel becomes gas-free:

      • (i) the vessel’s master,

      • (ii) the harbour master at the port or, if there is no harbour master, the person responsible for the port, and

      • (iii) the Department of Transport Marine Safety Office nearest to the vessel;

    • (e) every person who will sail with the vessel has been informed by the fumigator-in-charge or by the vessel’s master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (d);

    • (f) there is on display near the gangways and near the entrances that lead to the space in which the cargo is to be fumigated a sign that meets the requirements of paragraph 210(1)(b);

    • (g) the fumigator-in-charge has posted a person to keep watch at each place where the vessel can be boarded while it is moored or at anchor;

    • (h) no fewer than two crew members, one of whom is an officer, have knowledge of

      • (i) any instructions that appear on the package containing the fumigant to be used in the fumigation,

      • (ii) any recommendations or information provided by the manufacturer of the fumigant in respect of

        • (A) the method of detecting the fumigant when it is in a gaseous state,

        • (B) the behaviour and properties of the fumigant,

        • (C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and

        • (D) the emergency procedures that should be taken to prevent fire and explosion of the fumigant, and

      • (iii) the operation of any equipment on board that is used to detect the presence of a fumigant; and

    • (i) the vessel’s master has designated at least two of the crew members referred to in paragraph (h) to ensure that safe conditions in the accommodation spaces and working spaces are maintained after the fumigator-in-charge leaves the vessel.

  • (2) No person shall remove the signs referred to in paragraph (1)(f) until a clearance certificate has been issued in respect of the space or until aeration has been completed.

  • (3) When a clearance certificate has been issued in respect of the space, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

  • (4) The person keeping watch shall not allow a person who is not engaged in the fumigation or who will sail with the vessel to board it while it is moored or at anchor.

  • (5) Despite paragraph (1)(a), fumigation may begin when the inspection referred to in that paragraph is carried out after cargo has been loaded if

    • (a) the holds adjacent to the accommodation spaces are not fumigated; and

    • (b) the vessel is alongside or, if it is not safe for the vessel to be alongside, it is moored elsewhere or at anchor and a launch service is available on short notice at all times.

Equipment and Documents
  •  (1) The master of a vessel shall ensure that it is equipped with

    • (a) four sets of self-contained breathing apparatus that meet the requirements of paragraph 210(3)(d) together with four additional filled air bottles, four safety harnesses and four lifelines;

    • (b) two devices that can detect the presence of a fumigant when the fumigant is used in its gaseous state;

    • (c) the instructions provided by the manufacturer of the fumigant for the disposal of the fumigant;

    • (d) the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO; and

    • (e) the medicines and medical equipment specified in the Guide referred to in paragraph (d) for the fumigant used in the fumigation.

  • (2) The equipment required by paragraphs (1)(a) and (b) is in addition to any other equipment that is required to be carried on board the vessel when no fumigation takes place.

  • (3) If the devices referred to in paragraph (1)(b) require re-arming after use, the authorized representative of the vessel shall ensure that it is equipped with 10% more spare tubes than are needed to conduct the tests required by paragraph 220(3)(a) for the duration of the voyage.

 
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