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

Regulations are current to 2019-06-20 and last amended on 2018-11-02. Previous Versions

PART 1Cargo (continued)

DIVISION 4Timber Deck Cargo (continued)

Timber Code (continued)

Personnel Protection and Safety Devices
  •  (1) The English version of 5.1 of the Timber Code shall be read without reference to “and workers”.

  • (2) Compliance with the requirements of 5.3 of the Timber Code is required only on the completion of loading and securing.

Stowing Athwartships

 Despite 2.8 of Appendix A to the Timber Code, athwartship packages may be laid in two adjacent tiers in the deck stow above the level of the hatches if they

  • (a) are overstowed by at least two layers of packages in the fore and aft direction;

  • (b) are separated from any other athwartship layers in the deck stow by at least one layer of packages in the fore and aft direction; and

  • (c) are not wrapped in any material that would facilitate movement of the tiers.

Lashings and Components — Other Requirements

  •  (1) The master of a vessel shall ensure that lashings and components are visually examined before timber is loaded.

  • (2) The master shall ensure that lashings are 13 mm or more in diameter in the case of chains and 16 mm or more in diameter in the case of wire rope.

Wrappings and Coverings

  •  (1) The master of a vessel shall ensure that

    • (a) there are no wrapped bundles of lumber on the outside or next to the outside of the upper tier unless the wrapping has a non-skid surface; and

    • (b) any wrapped bundles of lumber with uneven lengths are marked distinctively.

  • (2) Unless a vessel’s Cargo Securing Manual sets out requirements with respect to the use of coverings, such as tarpaulins, on timber, if timber is covered the vessel’s master shall ensure that

    • (a) the covering is secured to withstand the intended voyage;

    • (b) if there is more than one tier of timber, bundles of timber on the top tier are tightly packed so as to provide as continuous a surface as possible for the covering to rest on; and

    • (c) any gaps between bundles are filled in or marked.

Certificates of Readiness to Load

  •  (1) This section applies in respect of vessels in Canadian waters that load timber for export to a place that is not within the limits of an inland voyage.

  • (2) No vessel in Canadian waters shall load timber except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec.

  • (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if

    • (a) the applicable requirements of sections 132 to 139 are met;

    • (b) the Timber Code is on board the vessel; and

    • (c) the vessel is in fit condition to carry timber on the uncovered part of the freeboard or superstructure deck on which the timber is to be loaded.

  • (4) The Minister may, for the purpose of ensuring compliance with sections 132 to 139, specify the following terms and conditions in a Certificate of Readiness to Load:

    • (a) the type of timber that may be loaded;

    • (b) the freeboard or superstructure deck on which the timber may be loaded;

    • (c) the manner in which the timber is to be distributed;

    • (d) the ballast that is to be used; and

    • (e) the uprights that are required.

  • (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements.

Fitness to Proceed Certificates

  •  (1) No vessel that is carrying timber for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2).

  • (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with timber if

    • (a) the applicable requirements of sections 132 to 139 are met;

    • (b) if a Certificate of Readiness to Load was issued under subsection 140(3), the vessel was loaded in accordance with the Certificate; and

    • (c) the vessel is fit to proceed to sea.

DIVISION 5Packaged Goods

Interpretation

 The following definitions apply in this Division.

compatible

compatible, in respect of goods, means able to be stowed together without creating undue hazards in case of leakage, spillage or other accidents. (compatible)

INF cargo

INF cargo means packaged goods that are irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo in accordance with Class 7 of the IMDG Code. (cargaison INF)

INF Code

INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, published by the IMO. (Recueil INF)

military explosives

military explosives means explosives that are under the control of

  • (a) the Minister of National Defence;

  • (b) the military establishment of a member country of the North Atlantic Treaty Organization; or

  • (c) the military establishment of another country under an agreement with the Department of National Defence. (explosifs militaires)

net explosives quantity

net explosives quantity means the net mass of explosives but does not include the mass of the means of containment. (quantité nette d’explosifs)

passenger vessel

passenger vessel means a vessel that is carrying at least

  • (a) the greater of 25 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying dangerous goods other than explosives; and

  • (b) the lesser of 13 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. (bâtiment à passagers)

Application

  •  (1) This Division does not apply in respect of a cargo transport unit carried on a short-run ferry if

    • (a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m;

    • (b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit, and approaching the unit is prohibited; and

    • (c) any parking brakes that are fitted on the unit are securely set.

  • (2) This Division does not apply in respect of dangerous goods carried in bulk or ships’ stores and equipment.

Packaging

  •  (1) If the IMDG Code requires that dangerous goods be packaged for transportation by a vessel, no person shall carry those goods unless they are packaged in a form of containment specified by the IMDG Code for those goods.

  • (2) If the IMDG Code does not require that dangerous goods be packaged for transportation by a vessel but they are packaged, no person shall carry those goods unless the packaging is a form of containment specified by the IMDG Code for those goods.

Packing

  •  (1) Every person who packs dangerous goods in a cargo transport unit shall pack and secure them in a manner that meets the standards set out in chapters 1 to 6 of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units, published by the IMO, or other standards that the Minister determines provide a level of safety that is equivalent to or higher than that of those standards.

  • (2) Every person who packs dangerous goods in a cargo transport unit shall ensure that

    • (a) the unit is, immediately before stowing,

      • (i) clean, dry and apparently fit to receive the goods, and

      • (ii) free of irrelevant placards;

    • (b) packages that need to be segregated in accordance with the IMDG Code are so segregated, except as provided in subsection 146(4);

    • (c) all packages are externally inspected for damage and only dry, sound packages are packed;

    • (d) all drums are stowed in an upright position;

    • (e) all packages are properly stowed in the unit and adequately secured to restrain against movement;

    • (f) goods loaded in bulk are evenly distributed within the unit;

    • (g) if any of the goods are of Class 1 except for division 1.4, the unit is structurally serviceable as provided for in section 7.4.6 of the IMDG Code;

    • (h) a Dangerous Goods Declaration has been received for each dangerous goods consignment stowed in the unit;

    • (i) the unit’s doors or similar openings are closed and properly secured by a latch or other means;

    • (j) if the unit is temperature controlled, it has machinery and a power supply that are of a type unable to create a hazard for the goods and are in good working order; and

    • (k) if solid carbon dioxide is used for cooling purposes, the unit is externally marked or labelled in a conspicuous place with the words “DANGEROUS CO2 (DRY ICE) INSIDE, VENTILATE THOROUGHLY BEFORE ENTERING” or “DANGER, CONTIENT DU CO2 (NEIGE CARBONIQUE), AÉRER COMPLÈTEMENT AVANT D’ENTRER”.

 
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