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

Fumigation of Cargo

• 211 (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

• 212 (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

• 213 (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

214 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

215 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

216 No person shall fumigate with methyl bromide.

General

• 217 (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

• 218 (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.

Tests Before Leaving Port

• 219 (1) Subject to subsection 220(1), the vessel shall not leave the port until

  • (a) 24 hours after fumigation begins or any longer period that the fumigator-in-charge determines is necessary to ascertain whether there is any leakage of the fumigant has elapsed; and

  • (b) the fumigator-in-charge has advised the vessel’s master in writing that he or she has determined that there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h).

• (2) The fumigator-in-charge shall conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which cargo is being fumigated, including tests to determine whether the concentration of the fumigant in the space is sufficiently high during the testing to detect leakage.

• (3) The tests shall be conducted at least three times and the last test shall be conducted at the end of the 24-hour period or the longer period, as the case may be.

• (4) If the fumigator-in-charge determines that a fumigant is leaking, the vessel shall not leave the port until he or she

  • (a) ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

  • (b) issues a clearance certificate in respect of every space into which the fumigant was leaking.

• (5) If, after conducting the periodic tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo is being fumigated or, in the case of a fumigation referred to in subsection 217(5), in the holds adjacent to the accommodation spaces.

When Fumigator-in-charge Is on Board the Vessel After It Leaves Port

• 220 (1) Section 219 does not apply if a fumigator-in-charge is on board the vessel when it leaves the port and remains on board

  • (a) for at least 24 hours;

  • (b) until he or she determines that

    • (i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that he or she could detect whether any of the fumigant is leaking from the space,

    • (ii) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free, and

    • (iii) there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h); and

  • (c) for any additional period that he or she determines is necessary in the circumstances.

• (2) The fumigator-in-charge or a competent person acting under his or her direction shall conduct any periodic tests in the vessel that the fumigator-in-charge determines are reasonably necessary to ascertain whether any fumigant is leaking from a space that is being fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high during the testing to detect leakage.

• (3) The tests shall be conducted

  • (a) at least every eight hours, with the first test beginning when the vessel leaves the place where the fumigation began; and

  • (b) in a manner that will indicate whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a crew member.

Before the Fumigator-in-charge Leaves the Vessel

221 The fumigator-in-charge shall not leave the vessel unless

• (a) the concentration of the fumigant in a space that is being fumigated was sufficiently high that he or she could have detected whether any of the fumigant was leaking from the space;

• (b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free;

• (c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board;

• (d) there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 218(1)(b) to detect the presence of a fumigant in a space during the voyage; and

• (e) he or she has notified the vessel’s master in writing that the responsibility for carrying out the fumigation rests with the master.