CANADA SHIPPING ACT

Dangerous Bulk Materials Regulations

• Short Title
• Interpretation
• Application
• General
• Shipping Documents
• Cargo Information
• Inspection
• SCHEDULE I
• List of Dangerous Materials and Hazard Classes
• SCHEDULE II
• Contents of a Dangerous Materials Shipping Statement
• Established by

CANADA SHIPPING ACT

Dangerous Bulk Materials Regulations

REGULATIONS RESPECTING THE LOADING, STOWING,

UNLOADING AND INSPECTION OF DANGEROUS

MATERIALS CARRIED IN BULK ON SHIPS

Short Title

1. These Regulations may be cited as the Dangerous Bulk Materials Regulations.

Interpretation

2. In these Regulations,

"Act" means the Canada Shipping Act; (Loi)

"barge" means a non-self-propelled ship; (chaland)

"cargo space" means any space in a ship or barge appropriated for the carriage of dangerous materials; (espace à cargaison)

"carried in bulk", with respect to materials, means that the materials have been loaded directly into a ship and are confined only by the permanent structures of the ship without intermediate packaging; (transportés en vrac)

"dangerous materials" means the materials that are declared to be dangerous goods pursuant to section 5; (matériaux dangereux)

"Dangerous Materials Shipping Statement" means the statement referred to in subsection 9(1); (déclaration d'expédition de matériaux dangereux)

"IMO Code" means the 1983 edition of the Code of Safe Practice for Solid Bulk Cargoes, published by the International Maritime Organization; (Code OMI)

"incompatible", with respect to dangerous materials, means that the materials are subject to the segregation requirements set out in subsections 8(4) and (5); (incompatible)

"inspector" means a person appointed as a steamship inspector pursuant to section 366 of the Act. (inspecteur)

Application

3. These Regulations apply to materials referred to in section 5.

4. (1) Where dangerous materials are carried on an unmanned barge under tow, the requirements of these Regulations respecting the Dangerous Materials Shipping Statement and the requirements of the IMO Code respecting portable testing equipment apply to the towing vessel and not to the barge.

(2) Where dangerous materials are carried on barges that are joined together and towed as a single unit, those barges shall, for the purposes of these Regulations, be regarded as a single ship.

General

5. The materials in solid form, carried in bulk on board a ship that are listed in column I of Schedule I are hereby declared to be dangerous goods.

6. The method of packing and storing dangerous materials, the quantity of such materials that may be carried into a ship and the place or places within a ship in which the dangerous materials may be carried are the method, quantity and place or places set out in the IMO Code.

7. (1) Every person

(a) engaged in the loading, unloading or stowing of dangerous materials, or

(b) on or in the vicinity of a ship where dangerous materials are loaded, unloaded or carried

shall take the general precautions applicable to such loading, unloading, stowing or carrying specified in the IMO Code.

(2) Every person on a ship who enters a closed cargo space containing dangerous materials or who enters any closed space adjacent to that cargo space, shall wear a self-contained breathing apparatus, shall be equipped with safety equipment and protective clothing as set out in the IMO Code, and shall be under the supervision of a ship's officer appointed by the master.

(3) An officer of a ship or, in the case of an unmanned barge, the person in charge of the barge shall be present during the loading or unloading of dangerous materials into or from the ship or barge and while the cargo spaces of the ship or barge are open, in order to supervise any operations under way.

(4) The master of a tug about to take charge of an unmanned barge carrying dangerous materials shall, prior to the commencement of any voyage, ensure that the materials are, as far as possible, properly loaded and in a fit state for carriage and that he has in his possession the necessary shipping documents and cargo information required by these Regulations.

(5) The master or person in charge of a ship carrying dangerous materials shall place warning notices in conspicuous places on board the ship indicating where smoking and the use of naked lights and spark-producing equipment are prohibited.

8. (1) The master of a ship carrying dangerous materials shall ensure that, prior to loading,

(a) every cargo space is thoroughly cleaned of all loose debris, dunnage and oil residue;

(b) every cargo space is dry; and

(c) the bilges in every cargo space are substantially dry and free from extraneous material and are capable of allowing water outside the bilges to drain to the bilge sections while preventing the cargo from entering the bilges.

(2) No person shall load or unload incompatible dangerous materials and other cargo simultaneously.

(3) The person in charge of loading or unloading the materials and cargo referred to in subsection (2) shall, after stowing the materials and cargo in a cargo space, close the hatch cover to the space and clear the deck of all residue prior to stowing any other cargo.

(4) Where dangerous materials that are incompatible according to the IMO Code are to be transported, the person in charge of loading the materials shall ensure that the segregation between them is in accordance with the IMO Code.

(5) Where dangerous materials are to be transported with other dangerous materials in packaged or unitized form, the person in charge of loading the materials shall ensure that the segregation between them is in accordance with the IMO Code.

Shipping Documents

9. (1) Every shipper of dangerous materials to be carried by ship or barge or any authorized officer of that shipper shall make, sign and date a Dangerous Materials Shipping Statement containing the information specified in Schedule II and ensure that the statement is delivered to the master of the ship or the person in charge of the barge before the materials are loaded into the ship or barge.

(2) The master of every ship carrying dangerous materials shall keep in his possession the Dangerous Materials Shipping Statement made in respect of those dangerous materials at all times while the materials are on the ship.

(3) Where dangerous materials are carried on a barge that is unmanned, unattended and not under tow, the person in charge of the barge shall ensure that the Dangerous Materials Shipping Statement is carried on the barge in a manner that will keep the document clean and dry and that will permit the document to be readily accessible for examination by an inspector.

Cargo Information

10. (1) Every master, owner or person in charge of a ship shall keep on board

(a) a copy of

(i) the IMO Code, or

(ii) the 1984 edition of the Code of Safe Practice for Solid Bulk Cargoes, TP 5761, published by the Department of Transport; and

(b) in an accessible place and available to all concerned, information giving the necessary data for the safe carriage of the dangerous materials being carried, which data shall include

(i) a cargo stowage plan indicating the location of all cargo on board, and

(ii) for every dangerous material carried,

(A) the technical name and hazard class of the material as set out in Schedule I,

(B) an outline of the action to be taken should the dangerous materials catch fire or become involved in a fire, including a list of the equipment carried on board the ship to be used by the people fighting the fire, and

(C) a list of the precautions to be taken to avoid accidental personal injury.

(2) Where the information necessary for the safe transportation of the dangerous materials is not available or where the Dangerous Materials Shipping Statement is not available, the master or owner of the ship or person in charge shall refuse to transport the dangerous materials.

Inspection

11. (1) An inspector or, in the Port of Montreal, a port warden may, when requested by any interested person to inspect a ship loading, unloading or stowing dangerous materials, board the ship and inspect the ship for

(a) suitability for transporting such materials, and

(b) proper stowage of cargo loaded on board the ship.

(2) The person requesting the inspection referred to in subsection (1) 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 I of an item of the table to this subsection, the greater of the fees set out in columns II and III of that item; and

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

TABLE

(2.1) Where the inspection and travelling time occur during hours that are set out in column I of more than one item of the table to subsection (2), the fee payable is the aggregate of the fees determined in respect of each applicable item.

(3) For the purposes of calculating the fee referred to in paragraph (2)(a),travelling time

(a) is the time required by the inspector or warden to proceed by reasonable means of transportion between his office and the ship; and

(b) is included only if

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

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

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

SCHEDULE I

(Section 5)

List of Dangerous Materials and Hazard Classes

SCHEDULE II

(Subsection 9(1))

Contents of a Dangerous Materials Shipping Statement

1. Technical names of the dangerous materials as set out in Schedule I.

2. Hazard classes of the dangerous materials as set out in Schedule I.

3. Total quantity of dangerous materials described by technical name.

4. Shipper's and consignee's names and addresses.

5. Statement by shipper that, to the best of his knowledge and belief, the dangerous materials are properly named and prepared or otherwise in proper condition to be carried in bulk by ships in accordance with these Regulations.

6. Any applicable requirements as referred to in section 6 of these Regulations.

NOTE: The items within the Statement may appear in any order therein, except that items 1 and 2 thereof shall appear as the first and second items, respectively.

Established by

SOR/87-24 18 December, 1986 pursuant to subsections 450(1) and 469(4) of the Canada Shipping Act.

PLEASE NOTE THAT THE CANADA SHIPPING ACT IS NOW CHAPTER S-9 OF THE REVISED STATUTES OF CANADA, 1985.

amended by

SOR/89-333 22 June, 1989 pursuant to subsection 389(1) of the Canada Shipping Act

Subsection 9(3); and all that portion of subsection 11(1) following paragraph (b) is revoked.

SOR/94-340 5 May, l994, pursuant to subsection 408(4) of the Canada Shipping Act.

Paragraph 11(2)(a).

SOR/95-269 6 June, 1995 pursuant to subsection 408(4) of the Canada Shipping Act, effective July 1, 1995.

Paragraphe 11(2)(a); and section 11(2) by adding the Table.

SOR/97-386 28 July, 1997 pursuant to subsections 38(2) and 47(1), section 53, subsection 83(1), paragraphs 94(f) and 231(1)(d) and subsection 408(4) of the Canada Shipping Act, in force July 28, 1997.

The heading of column III of the table to subsection 11(2); and subsection 11(2.1) is added.