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

Registers and Certificates

Registers

• 311 (1) The master of a vessel shall keep on board the vessel a register that lists the cargo gear that forms part of the equipment of the vessel.

• (2) A register that lists cargo gear that does not form part of the equipment of a vessel and is tested or thoroughly examined under any of sections 303 to 306 shall be kept at the premises of the gear’s owner.

• (3) A competent person who tests or thoroughly examines a lifting appliance, loose gear or main accessory gear shall enter the following in the register in a space adjacent to the listing for the appliance or gear and shall sign the register:

  • (a) the date of the test or examination;

  • (b) the particulars and results of the test or examination;

  • (c) their name and

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

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

  • (d) the position, qualifications, certification or experience that qualifies them as a competent person.

• (4) A competent person who thoroughly examines a category 1 lifting appliance, a category 2 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance that has been in use for five years or more shall record measurements of any corrosion, deformation or significant wear in structural or moving parts under subsection (3) or in a certificate attached to the register under subsection 312(7) if such measurements have not been so recorded within the previous five years.

• (5) A competent person who thoroughly examines a wire rope shall enter the following in the register in a space adjacent to the listing of the rope or, if the rope is part of a lifting appliance, in a space adjacent to the listing for the appliance, and shall sign the register:

  • (a) the date of the examination;

  • (b) the particulars and results of the examination;

  • (c) their name and

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

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

  • (d) the position, qualifications, certification or experience that qualifies them as a competent person.

• (6) Despite subsections (3) to (5), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the competent person may enter the information required by that state.

Certificates

• 312 (1) If a lifting appliance passes the test under section 303 or the thorough examination under section 304, the competent person shall sign and issue a certificate that certifies that the appliance passed the test or examination and sets out

  • (a) the location and a description of the appliance;

  • (b) any identifying marks on the appliance;

  • (c) if a test was conducted, the load applied and either the angle to the horizontal or the radius at which the load was applied;

  • (d) their name and

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

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

  • (e) the position, qualifications, certification or experience that qualifies them as a competent person.

• (2) If loose gear or main accessory gear passes the test under section 305 or the thorough examination under section 306, the competent person shall sign and issue a certificate that certifies that it passed the test or examination and sets out

  • (a) the location and a description of the gear;

  • (b) any identifying marks on the gear;

  • (c) in the case of loose gear,

    • (i) the name of its manufacturer or supplier, and

    • (ii) if a test was conducted, the date of the test and the number of similar pieces of gear tested on that date;

  • (d) if a test was conducted, the load applied and the safe working load;

  • (e) in the case of a test of a friction, an electro-magnetic or a vacuum connector, the type of material tested;

  • (f) their name and

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

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

  • (g) the position, qualifications, certification or experience that qualifies them as a competent person.

• (3) After wire rope is tested under section 307, the competent person shall sign and issue a certificate that sets out

  • (a) a description of the rope;

  • (b) any identifying marks on the rope;

  • (c) the name of the manufacturer or supplier of the rope,

  • (d) the circumference or diameter of the rope, the number of wires per strand, the lay, the quality of the wire and the load at which a sample of the rope broke;

  • (e) the date of the test;

  • (f) their name and

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

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

  • (g) the position, qualifications or experience that qualifies them as a competent person.

• (4) If derricks are tested when operated in union purchase, the competent person shall sign and issue a certificate that sets out

  • (a) the location and a description of the derricks and the manner in which they are rigged;

  • (b) any identifying marks on the derricks;

  • (c) the maximum height of the triangle plate above the hatch coaming or the maximum angle between cargo runners;

  • (d) the load applied and the angle to the horizontal or the radius at which the load was applied;

  • (e) the position of outboard and inboard preventer guy attachments;

  • (f) their name and

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

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

  • (g) the position, qualifications or experience that qualifies them as a competent person.

• (5) The competent person shall provide the certificate to

  • (a) in the case of cargo gear that forms part of the equipment of a vessel, the vessel’s master; and

  • (b) in the case of cargo gear that does not form part of the equipment of a vessel, the gear’s owner.

• (6) Despite subsection (1), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the certificate may set out the information required by that state.

• (7) Certificates shall be attached to the register.

Easily Identifiable Cargo Gear

313 Cargo gear shall be easily identifiable from the information set out in any certificate for the gear or from any entry for the gear in a vessel’s register.

Prohibitions on Using Cargo Gear

• 314 (1) If a person does not produce the register when directed to do so under paragraph 211(4)(e) of the Act, cargo gear that should be listed in the register shall not be used until it is produced.

• (2) If the certificates for any cargo gear that should be listed in the register are not attached to it when it is produced, that cargo gear shall not be used until the certificates are produced or the cargo gear is tested or thoroughly examined.

Reporting Changes

315 If a person is directed under paragraph 211(4)(e) of the Act to produce the register, on production of the register, the person shall report any change in the cargo gear listed in the register since it was last tested that could adversely affect the results of that test.

Preservation

316 The register and certificates shall be kept on board the vessel or at the cargo gear owner’s premises, as the case may be, for at least five years after the date of the most recent entry in the register.

Safety Factors

• 317 (1) The safety factors set out in or determined in accordance with any of the following shall be adopted as a minimum in the manufacture of the articles set out in column 1 of Schedule 6:

  • (a) column 2;

  • (b) the regulations, rules or codes of a classification society;

  • (c) if the article is a part of a lifting appliance that is operated onshore or on a restricted vessel,

    • (i) the regulations of the province in which the appliance is being operated,

    • (ii) the standards of the International Standards Organization, or

    • (iii) the standards of the Deutsches Institut für Normung e. V. (DIN); or

  • (d) in the case of wire rope that is part of a lifting appliance that is operated onshore or on a restricted vessel, paragraph E.1.2 of Appendix E to Safety and Health in Ports.

• (2) Cargo gear shall not be used when, because of wear, corrosion or other reasons, the safety factor of any part of it is less than 80% of the safety factor adopted in its manufacture.

Safe Working Loads

Exceeding Safe Working Loads

• 318 (1) No lifting appliance shall be loaded beyond its safe working load.

• (2) The resultant load on main accessory gear or loose gear used with a lifting appliance shall not exceed the safe working load of the gear.

• (3) Single-sheave pulley blocks may be used in any position where the maximum resultant load on the head fitting is not more than twice the safe working load engraved or stamped on the block.

Determining Safe Working Loads

Derricks

319 In each case referred to in subsections 323(2) and (3), the safe working load shall be determined for the lowest working angle of the boom shown in the rigging plan for the derrick.

Loose Gear — General

• 320 (1) The safe working load of loose gear shall be determined by an expert person testing a prototype of the gear to destruction.

• (2) Despite subsection (1), the safe working load of specially designed spreader beams, lifting frames and lifting clamps shall be determined by an expert person using design calculations.

Slings

• 321 (1) The safe working load of slings that are not used in a straight vertical lift configuration or as one-legged slings shall be determined in accordance with sections 5.3.1.2 to 5.3.1.6 of Safety and Health in Ports.

• (2) The safe working load of a synthetic webbing sling shall be determined in a manner that takes into account any potential loss of strength caused by the stress introduced by the interaction of the cargo hook intended to be used with the sling.

Wire Rope

322 The safe working load of a wire rope is one fifth of the breaking strength of the sample tested under section 307.

Marking or Indicating Safe Working Loads

Lifting Appliances

• 323 (1) Every lifting appliance, other than a category 4 lifting appliance, shall have its safe working load clearly marked on it.

• (2) If only one safe working load is marked on a derrick, it shall be the safe working load with single purchase only. If two safe working loads are marked, the first shall be the safe working load with single purchase and the second shall be the safe working load with double purchase.

• (3) If a certificate has been issued under subsection 312(4) in respect of a derrick tested when operated in union purchase, the safe working load shall be marked with the letters “SWL(U)” or “CMU(CV)” to indicate that it is the safe working load for operation in union purchase.

Main Accessory Gear

324 Main accessory gear shall have its safe working load clearly marked on it.

Pulley Blocks

325 Every pulley block shall have its safe working load permanently engraved or stamped on it.

Slings

326 The safe working load of slings in a straight vertical lift configuration shall be indicated as follows:

• (a) in the case of chain slings, by marking them in figures or letters on the sling or on a tablet or ring of durable material attached securely to the sling;

• (b) in the case of wire-rope slings and reusable natural- or synthetic-fibre rope or webbing slings, as specified in paragraph (a) or by stating the safe working loads for the various sizes of slings used on a notice and exhibiting it so that it can be easily read by persons using the slings;

• (c) in the case of disposable webbing slings, by marking the slings with a “U” or the word “DISPOSABLE” or “JETABLE”; and

• (d) in the case of disposable stranded rope slings, by using marker yarns or other means that identify the slings with their certificates issued under subsection 312(2).