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

Regulations are current to 2019-08-28 and last amended on 2018-11-02. Previous Versions

PART 1Cargo (continued)

DIVISION 2Solid Bulk Cargo Other Than Grain (continued)

Dangerous Goods (continued)

General Precautions
  •  (1) Every person on a vessel who enters either a cargo space containing dangerous goods or a space adjacent to that cargo space shall

    • (a) comply with the requirements of the BC Code regarding wearing self-contained breathing apparatus;

    • (b) be aware of the potential dangers in entering the space that are described in the BC Code; and

    • (c) be under the supervision of a vessel’s officer designated by the master.

  • (2) If dangerous goods are to be loaded onto or unloaded from a vessel, its master shall ensure that an officer of the vessel or a person designated by its authorized representative is present while the goods are loaded or unloaded and while the cargo spaces are open.

  • (3) The master of a vessel carrying dangerous goods shall determine the areas on the vessel where smoking or using naked lights or spark-producing equipment could create a fire or explosion hazard and display warning notices in conspicuous places on board the vessel prohibiting the activity in those areas.

  • (4) Before dangerous goods are loaded into a cargo space, the master shall ensure that

    • (a) the space is cleaned of all loose debris, dunnage and oil residue and is dry; and

    • (b) the bilges in the space are substantially dry and free from extraneous material and can allow water outside the bilges to drain to the bilge sections while preventing the cargo from entering the bilges.

Incompatible Goods
  •  (1) No person shall simultaneously load or unload

    • (a) incompatible dangerous goods; or

    • (b) dangerous goods and other goods that are incompatible with them.

  • (2) The person in charge of loading incompatible dangerous goods shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods.

  • (3) The person in charge of loading dangerous goods and other goods that are incompatible with them shall, after stowing the goods in a cargo space, close its hatch and clear the deck of all residue before stowing any other goods.

  • (4) If the unloading of incompatible dangerous goods is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed.

  • (5) If the unloading of dangerous goods and other goods that are incompatible with them is interrupted while some of the goods are in a cargo space, the person in charge of unloading shall close its hatch and clear the deck of all residue until unloading is resumed.

  • (6) The person in charge of loading incompatible dangerous goods shall ensure that they are segregated in accordance with the BC Code.

Dangerous Goods and Packaged Goods

 If dangerous goods are to be carried with packaged goods, the person in charge of loading the goods shall ensure that they are segregated in accordance with the BC Code.

Ammonium Nitrate and Ammonium Nitrate Based Fertilizer
  •  (1) No person shall load or unload

    • (a) ammonium nitrate; or

    • (b) more than 10 000 tonnes of ammonium nitrate based fertilizer.

  • (2) At least 24 hours before 150 tonnes or more of ammonium nitrate based fertilizer are to be loaded onto or unloaded from a vessel, its master shall notify the following of the intention to load or unload and the location where it will take place:

    • (a) the Department of Transport Marine Safety Office nearest to that location; and

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

  • (3) The notification shall confirm that the fertilizer is considered to be free from the hazard of self-sustaining decomposition when tested in accordance with section 4 of Appendix 2 to the BC Code.

  • (4) The harbour master at the port or, if there is no harbour master, the person responsible for the port at the location where loading or unloading ammonium nitrate based fertilizer will take place shall ensure that information in respect of fire prevention, emergency procedures, storage, cleanliness and separation from contaminants and other dangerous goods is available at the location.

Documentation

  •  (1) Every shipper of solid bulk cargo to be loaded onto a vessel in Canadian waters shall comply with

    • (a) regulation 2 of Chapter VI and regulation 10 of Chapter XII of SOLAS;

    • (b) section 4 of the BC Code; and

    • (c) the provisions, if any, with respect to that cargo that are set out in a schedule to Appendix 1 to the BC Code and that apply to the shipper.

  • (2) If the shipper does not provide a vessel’s master with the documents required to comply with subsection (1), the vessel’s authorized representative and its master shall refuse to carry the cargo.

  • (3) While solid bulk cargo is carried on a vessel, the vessel’s master shall keep on board

    • (a) the documents required to comply with the provisions referred to in paragraphs (1)(a) to (c);

    • (b) the BC Code; and

    • (c) if the cargo is dangerous goods, the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO.

  • (4) Despite subsection (3), if the cargo is carried on an unoccupied vessel that is under tow, the master of the towing vessel shall keep the documents on board the towing vessel.

  • (5) If the cargo is carried on an unoccupied vessel that is not under tow, the person in charge of the unoccupied vessel shall ensure that the documents are kept on it in a manner that will keep them clean and dry and readily accessible for inspection.

  • (6) The master of a vessel carrying solid bulk cargo other than dangerous goods shall keep on board a document, such as a detailed stowage plan, that lists the cargo by its bulk cargo shipping name and sets out its location.

Inspection at the Request of an Interested Person

  •  (1) A marine safety inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with sections 110 to 115 shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with sections 110 to 115 if an interested person makes a request to the Department of Transport Marine Safety Office nearest to the vessel.

  • (2) The inspector shall provide a signed statement to the vessel’s master and the interested person

    • (a) specifying the name, registration number, port of registry and gross tonnage of the vessel;

    • (b) specifying the date of the inspection; and

    • (c) stating the results of the inspection.

  • (3) The interested person shall pay

    • (a) for an inspection, and for travelling time related to the inspection, that is carried out during the hours set out in column 1 of the table to this subsection, the greater of the fees set out in columns 2 and 3; and

    • (b) if the inspector is required to proceed to a place more than 16 km from his or her office, the cost of all the travel, lodging and meal expenditures of the inspector that he or she reasonably incurs.

    TABLE

    Column 1Column 2Column 3
    ItemHours of inspection and travelling timeFee per hour or fraction of an hour ($)Minimum fee ($)
    1Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday4545
    2Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday70140
    3Any hour on a Sunday99297
    4Other hours70210
  • (4) If the inspection and travelling time occur during hours that are set out in column 1 of more than one item of the table to subsection (3), the fee payable is the aggregate of the fees determined in respect of each applicable item.

  • (5) For the purposes of calculating the fee referred to in paragraph (3)(a), travelling time

    • (a) is the time required by the inspector to proceed by reasonable means of transportation between his or her office and the vessel; and

    • (b) is included only if

      • (i) the distance between the office and the vessel exceeds 16 km,

      • (ii) the travelling occurs at any time on a Saturday or holiday, or

      • (iii) the travelling occurs before 8:00 a.m. or after 5:00 p.m. on any day other than a Saturday or holiday.

 
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