Canada Gazette

The proposed Cargo, Fumigation and Tackle Regulations would be made pursuant to paragraphs 35(1)(d), (e) and (g) and subsection 120(1) of the Canada Shipping Act, 2001 (CSA 2001). This regulatory proposal includes the repeal of the existing Grain Cargo Regulations, the Ship Fumigation Regulations, the Timber Cargo Regulations, the Dangerous Goods Shipping Regulations, and the Dangerous Bulk Material Regulations that were made under the Canada Shipping Act (CSA). The proposed Regulations would also replace subsections 2(2), 5(2), Part IV, section 60, and Schedules I and III of the Tackle Regulations.

The proposed Regulations would also include provisions from the CSA that currently govern cargo, fumigation or tackle that will be repealed when the CSA 2001 comes into force in early 2007. Furthermore, there are pertinent provisions of an international convention and also several different international codes that would be incorporated by reference in the proposed Regulations so that Canada would be able to meet its international obligations.

The proposed Regulations would also incorporate the substance of some Board of Steamship Inspection (BSI) decisions made under the CSA and the substance of some Transport Canada (TC) guidelines.

The proposed Regulations would help Canada meet the objectives outlined in section 6 [except for paragraph 6(f)] of the CSA 2001. The purpose of the proposed Regulations would be threefold. Firstly, they would govern the loading, unloading and carriage of cargo for marine transportation, as it relates to the safety of vessels (including equipment) and persons on board. Secondly, they would provide for safe fumigation practices on Canadian vessels and foreign vessels headed to Canadian ports. Thirdly, they would provide safe methods for using cargo gear used in material handling and shore-based power-operated ramps and accommodation ladders used to access vessels.

The proposed Regulations would be divided into Part 1 — Cargo, Part 2 — Fumigation, and Part 3 — Tackle. Each Part would be further divided into divisions. The proposed Regulations would contain very few new requirements, as most of the requirements exist in the regulations made under the CSA, in the CSA itself, or in various other formats [such as BSI decisions, TC Publications (TPs) or Ship Safety Bulletins]. The policy intent of these various formats would be maintained and in some instances clarified in the proposed Regulations.

The proposed Regulations would require Canadian vessels everywhere and foreign vessels in Canadian waters (unless expressly stated in the proposed Regulations) to implement relevant provisions of the following:

In some cases, modifications would be made to relevant provisions in the required Codes and SOLAS to accommodate unique requirements for Canadian vessels. These modifications would help the Canadian shipping industry to operate safely and at an acceptable risk level. In some instances where compliance was previously promoted through either Ship Safety Bulletins, TC Publications, guidelines or Codes of Practice published by TC Marine Safety, compliance would now be promoted in the proposed Regulations.

Since many of the provisions included in the proposed Regulations are derived from existing TPs, these TPs will either become redundant, or may need to be amended. TP 2534 — Canadian Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 1992, and TP 5761 — Canadian Code of Safe Practice for Solid Bulk Cargoes, 1994, would be deleted once the proposed Regulations are in force. The following TPs would be amended and made consistent with the proposed Regulations: TP 11232 — Unitized Cargo Standard, 1993; TP 12245 — Web Sling Standard, 1995; TP 9396 — Wear Standards for Cargo Gear, 1994; TP 10944 — Notice to Shipmasters Loading Coal, 2003; TP 2072 — Deck Cargo Safety Code, 1974; and TP 215 — Instructions to Masters of Vessels Loading Grain in Canada, 1976.

Sections 1 and 2 of the proposed Regulations would set out interpretations and the application provision in general. Section 1 would contain an amended definition of "short run ferry," and the maximum distance determining what a short run ferry is would be increased to 5 km from 3 km. Several BSI decisions have been made allowing individual ferries to apply this new maximum distance provision with no negative impacts and, as such, this new maximum distance would be extended to other ferries.

Section 101 of the proposed Regulations would require that packages or objects of a gross mass of one tonne or more be marked with their mass. An equivalent provision is currently found in the CSA.

The proposed Regulations would require that certain vessels that load or carry concentrates, grain or timber on deck have a Certificate of Readiness to Load and a Certificate of Fitness to Proceed. The latter certificate is intended to ensure that the vessel is fit to proceed to sea and is required to obtain clearance under sections 213 and 214 of the CSA 2001 and the Vessel Clearance Regulations that are being proposed under the CSA 2001. These requirements, together with the Minister of Transport's power under subsection 16(2) of the CSA 2001 to inspect a vessel, reflect similar requirements contained in the CSA (Part VIII — Port Wardens).

Division 1 — Cargo Other Than Solid Bulk Cargo, Timber Deck Cargo or Dangerous Goods

This division would give effect to the requirements contained in Regulations 2 and 5 of Chapter VI of SOLAS; previously, compliance was encouraged by Ship Safety Bulletin No. 14/1995. Regulations 2 and 5 concern the requirements for an approved Cargo Securing Manual for the loading, stowage and securing of cargo units, including containers, and applies to securing of cargo units on open or closed decks of ships other than cellular container ships and ships specifically designed and fitted for the purpose of carrying containers. Under Chapter VI of SOLAS, there is a requirement for an approved cargo securing manual and where applicable, cargo shall be secured in accordance with this manual. There is also an obligation for shippers to ensure cargo information is provided to the master, so that persons who pack cargo transport units can ensure that cargo is packed and secured and containers are not overloaded. Furthermore, masters have an obligation to ensure that cargo is stowed and secured properly on any vessel.

This division would give effect to the requirements contained in SOLAS Chapters VI and XII and the BC Code regarding the general safety provisions for safe carriage of bulk cargo. It would also require an exchange of procedural information between the vessel loading or unloading bulk cargoes and the terminal representative.

Following a Transportation Safety Board (TSB) recommendation, the proposed Regulations would require all Canadian bulk carriers to have a loading instrument as outlined in Chapter XII of SOLAS. The proposed Regulations would provide a graduated implementation scheme for this TSB recommendation, as some vessels affected by this provision may be phased out.

Canadian vessels (that are not Safety Convention vessels) are not required to comply fully with Chapter VI, Regulation 7.2 of SOLAS, before January 1, 2011. They need not provide full details regarding shear force and bending moments if the vessel's master has comprehensive information on how the vessel's stability and the distribution of solid bulk cargo will be affected by the loading, carrying and unloading of bulk cargo. The obligation to have a loading instrument does not apply to Canadian vessels before January 1, 2013, providing the vessel has on board a loading guiding manual that the Minister of Transport has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply to the vessel.

The proposed Regulations would give effect to the new international requirements contained in Chapter XII of SOLAS which concern procedures or restrictions that must be followed by certain single-side skin constructed Safety Convention vessels that are over 150 m and are carrying solid bulk cargo that has a density of 1 780 kg/m³ or more.

The current requirements for documenting dangerous goods cargo in bulk carried on board a vessel would be tightened in order to reflect a change in the documentation requirements outlined in Chapter VII of SOLAS. The proposed Regulations would require shippers to identify and declare dangerous bulk materials using the "bulk cargo shipping name," including any UN numbers, outlined in Appendix 9, Index of the BC Code (2004). Using this system of identifying bulk cargo provides international consistency and an increased level of safety.

To accommodate self-unloading vessels that make short voyages exclusively on the Great Lakes, the proposed Regulations would modify some of the requirements of the BC Code in respect of the carriage of coal cargo in bulk. These modifications would allow this unique industry to follow the intent of the BC Code.

An inspection at the request of an interested person, a service for which a fee is charged, is a provision of the proposed Regulations derived from the current Dangerous Bulk Materials Regulations.

There would be clarifications of Chapter VI of SOLAS regarding trimming and leveling of concentrates. This provision is currently contained in TP 5761 — Canadian Code of Safe Practice for Solid Bulk Cargoes, 1994.

This division would give effect to provisions of Part C of Chapter VI of SOLAS for the carriage of grain in bulk through the mandatory International Maritime Organization (IMO) Grain Code. The proposed Regulations would also require vessels carrying grain as cargo for export to comply with Regulation 7.2 of Part B of Chapter VI of SOLAS, even though it does not specifically apply to grain cargo. Thus, these vessels would have to comply with any restrictions on load conditions and local stress set out in the vessel's stability documents. In the future, IMO intends to introduce changes to the BLU Code to make it applicable to grain.

Many of the provisions of this division are derived from TP 2534 — Canadian Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 1992, including requirements for testing and certification of lashing equipment. The proposed Regulations would require vessels of 24 m or more in length that carry timber on deck for import or export to comply with the IMO Timber Code. This division would clarify the requirements of uprights for timber loaded at Canadian ports during the winter months. This is neither an extension of, nor derogation from, the IMO Timber Code; rather, it would simply provide a clarification of existing requirements.

TC's policy stating how timber packages may be stowed athwartships was previously outlined in a BSI decision and subsequently in a Ship Safety Bulletin. The intent of this policy would now be included in the proposed Regulations. The Canadian shipping industry has raised concerns about the placement and stowage of wrapped bundles of uneven lengths of timber, which is something that was previously not regulated. These concerns would now be addressed in the proposed Regulations.

The proposed Regulations would give effect to provisions of Chapter VII of SOLAS, Carriage of Dangerous Goods in Packaged Form. There would be further requirements for the packing of cargo transport units and requirements to comply with the IMDG Code. A vessel's master or authorized representative may refuse to load dangerous goods if these goods do not comply with these requirements, which are provisions that stem from the existing CSA. Under Chapter VII of SOLAS, there is a requirement for an approved cargo-securing manual and, where applicable, cargo shall be secured in accordance with this manual. Canadian vessels on certain voyages would be exempt from this requirement provided the cargo is secured properly. For certain wheeled units, further minimum requirements would apply. For certain domestic voyages, the proposed Regulations would provide for the carriage of certain dangerous goods for which full compliance with the IMDG Code provisions may not be necessary. These minimum provisions and other provisions, including inspection at the request of an interested party, are currently contained in the Dangerous Goods Shipping Regulations.

In response to a TSB recommendation, passengers would be prohibited from remaining in their vehicles in enclosed vehicle spaces during passage. This would be a new provision and builds upon requirements of the IMDG Code.

As an interdepartmental policy and also as a TC recommendation, it has been common practice in many Canadian ports to follow the quantity distance principles (QDP) for the handling of explosives, as set out in the Department of Natural Resources' QDP User Manual. This policy would now be integrated into the proposed Regulations. Furthermore, the proposed Regulations would contain a provision clarifying requirements of the existing best practices followed by the shipping industry with respect to the loading and unloading of explosives. Notification to Marine Safety would be required if a vessel loads or unloads a prescribed minimum quantity of ammonium nitrate or packaged goods that are explosives, other than explosives included in Class 1.4S.

The proposed Regulations would give effect to the requirements of Part D of Chapter VII of SOLAS, which apply to vessels that carry packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes. Very few, if any, of these vessels actually visit Canada.

This Part of the proposed Regulations would give effect to the provisions currently contained in the Ship Fumigation Regulations, with very few changes.

The definitions of "competent person" and "marine chemist" contained in the existing Ship Fumigation Regulations would be amended slightly in the proposed Regulations. These amendments are in response to a recommendation of the Standing Joint Committee for the Scrutiny of Regulations (SJC). In both cases, the concept of qualified person would be clarified.

In response to another recommendation of the SJC, there would now be a requirement for the master to ensure that fumigation signs are removed once a clearance certificate is issued.

The proposed Regulations would clarify that "fumigation in transit" with methyl bromide would no longer be allowed in response to IMO recommendations. This product is considered harmful to the atmospheric ozone and its use is being phased out.

Part 3 of the proposed Regulations would provide for the protection against accidents of persons employed on, and in the loading or unloading of ships. Much of Part 3 would be derived from provisions in the Occupational Safety and Health (Dock Work) Convention, 1979. This part of the proposed Regulations has been under discussion for several years at meetings of the Canadian Marine Advisory Council (CMAC) and the draft texts have previously been published for discussion purposes.

Sections 302 to 359 of the proposed Regulations would not apply to lifting appliances operated on shore or a restricted vessel, provided they are operated in accordance with specific requirements. This would be a clarification of provisions in the existing Tackle Regulations. The clarification would be made in order to harmonize implementation to allow the use of provincial requirements and to include various international acceptable standards from Deutsches Institut für Normung e. V. (DIN) or the International Standards Organization (ISO).

Unitized cargo would now be addressed in the proposed Regulations; currently, conditions under which unitized cargo can be loaded, unloaded and carried are contained in TP 11232 — Unitized Cargo Standard, 1993.

The requirement for mandatory testing would be added for certain categories of lifting appliances; this would provide a greater level of safety than currently provided in the existing Tackle Regulations under the CSA.

Safety factors would be prescribed in Schedule 6 of the proposed Regulations. Safe working loads would be determined on the basis of these safety factors. However, if a vessel operates in seas unsheltered from wave action, certain conditions, such as the level of wave action and resultant dynamic loads, may cause these load levels to be reduced. Previously a BSI decision, these reduced loads would now be included in the proposed Regulations.

A ban on 4 × 29 type wires for shipboard lifting appliances was initially a BSI decision and transmitted to industry via Ship Safety Bulletin 09/1989; now, this ban would be contained in the proposed Regulations.

Specific requirements for thread diameter of sheaves and a prohibition on the use of wrought iron loose gear would be included in the proposed Regulations in order to provide a greater safety level than currently exists.

The requirement for lifting appliances to have emergency stop buttons near the operator have been included in the draft texts previously published for discussions. This requirement has been widely consulted on with industry and is widely accepted as a best practice. Including it in the proposed Regulations would reinforce its importance.

The requirements for mobile cranes would be new. These requirements would specify that this type of equipment be used in accordance with manufacture's requirements, and that TC be apprised of the installation, use and stability details. Inspection and maintenance would be in accordance with the manufacturer's recommendations and would need to meet the requirements of pertinent sections of the safety code for mobile cranes.

In response to a TSB recommendation, the proposed Regulations would include provisions for maintenance and inspection of accommodation ladders. The owner of shore-based power-operated ramps used to access vessels would have to ensure that the requirements of CAN/CSA Standard S826.1-01 Ferry Boarding Facilities (other than Appendices A to D) that apply to ramps are met. The owner would also have to ensure that the ramp is maintained and inspected in accordance with the requirements of CAN/CSA Standards S826.3-01 and S826.4-01. These provisions are new requirements and do not exist in the current Tackle Regulations under the CSA.

No alternatives were considered because the proposed Regulations are an integral component of the regulatory structure of the CSA 2001. The proposed Regulations are designed to reduce the complexity of the existing regulatory requirements regarding cargo, fumigation and tackle, to clarify Canada's international obligations on these subject matters, and to incorporate necessary BSI decisions, while achieving objectives stated in the CSA 2001.

The benefit of the proposed Regulations would be an overall safer Canadian shipping industry and a more harmonized application of the proposed Regulations. Once the new regulatory provisions go into effect, there may be a decreased risk of cargo vessels entering Canadian waters that are unsafe to load or unload.

Incidents relating to cargo and lifting appliances have occurred in the past, some of which have caused accidents, injuries or fatalities. The proposed Regulations would update the standards and procedures for installation, maintenance and operations of vessel equipment in order to reduce the risk of future occurrences. Further to the reduced level of risk of injury associated with the proposed Regulations, the level of benefit gained in reduced time for a vessel to be repaired and accidents to be investigated would also be important.

Since many of the provisions of the proposed Regulations are not new and are already practised by the shipping industry, the cost implication to industry is low.

Sections 107 and 108 of the proposed Regulations would result in a cost to industry. Vessels implementing these provisions generally operate on the Great Lakes and would incur a cost in the range of C$5,000 to C$10,000 per vessel. At the present time, there are approximately 20 such vessels, and most of these vessels already meet these requirements. This would be a one-time, phased-in cost that is accepted by the shipping industry, and that would provide benefits in cargo operations by facilitating necessary calculations.

There would be a slight cost to ramp owners as a result of the inclusion of shore-based power-operated ramps, but for the most part, these costs would already have been undertaken.

Vessels required to follow international requirements published in formats such as SOLAS would have to purchase or otherwise obtain a copy of the publication, and there is a cost associated with such purchases. All referenced publications are widely available in both official languages.

Following an examination of a Category 1, 2 or 5 lifting appliances or a mobile crane on a vessel, in accordance with paragraph 311(3)(e) of the proposed Regulations, at intervals not exceeding five years, measurements of any corrosion, deformation or significant wear would be required to be taken and recorded which may introduce some new costs. However, this is a practice that is already widely followed in the shipping industry.

The benefits of the proposed Regulations clearly outweigh any costs that might be incurred by the shipping industry.

The proposed Regulations do not pertain specifically to the prevention of pollution from vessels resulting from the carriage and handling of cargo, including from dangerous goods. Included requirements for the safe stowage and segregation of cargo and the requirement for a cargo-securing manual would ensure a lower risk to the environment from loss overboard of dangerous goods and other cargo units stowed on deck.

There is no change in the level of fumigation required. The proposed Regulations would not require that fumigation be done; however, it would provide a level of safety if and when fumigation is requested.

The proposed Regulations would prohibit the use of methyl bromide for fumigation in transit, and thus complement the Ozone- depleting Substances Regulations, 1998 that establish the phase-out of this substance. Any use of methyl bromide would be controlled through a transferable allowance system administered by Environment Canada.

Since the intent of the proposed Regulations would be to govern the safe handling and stowage of cargo, fumigation and tackle, there would be little or no potential threat to the environment as a result of the implementation of the proposed Regulations.

Extensive consultations have occurred before and during the development period of the proposed Regulations. In the winter of 2004, an expert team held two-day consultation meetings across the country in Dieppe, New Brunswick; Montréal, Quebec; and Vancouver, British Columbia, on policies contained in the proposed Regulations. Also, in order to address the concerns of the Great Lakes fleet operators, TC Marine Safety held a meeting in St. Catharines, Ontario, to discuss their concerns.

Subsequent to these consultation meetings, TC Marine Safety has discussed extensively any policy changes with stakeholders at the cargo working-group meetings under the auspices of CMAC. This consultation process culminated in a half-day working group meeting in November 2004 and May 2005, during which TC provided stakeholders with proposed wording for many sections of the proposed Regulations.

Overall, there have been no major objections to the policy upon which the proposed Regulations are based. However, at the CMAC working group meeting held in May 2005, stakeholders requested that the Wear Standard for Cargo Gear, TP 9396, which is used extensively throughout the shipping industry in Canada, be incorporated by reference in the proposed Regulations. The relevant provisions of this standard have not yet been included in the proposed Regulations; however, the principle concepts of "wear" would be included and TP 9396 would remain in use as an agreed-upon practice by the Government and industry.

All discussion papers relating to the proposed Regulations and each consultation session have been posted on a Web site dedicated to either the CSA 2001 Regulatory Reform Project or CMAC information. While stakeholders have been invited to provide comments on these discussion papers, very few comments have been received.

Contravention of the proposed Regulations would be an offence under sections 38 or 121 of the CSA 2001 and punishable on summary conviction. The CSA 2001 also establishes a regime for administrative monetary penalties that would apply to provisions that would be designated in the proposed Administrative Monetary Penalties Regulations under the CSA 2001. As the existing enforcement personnel of TC Marine Safety would enforce the proposed Regulations, no new enforcement resources would be necessary.

Jan Zwaan, Manager, Cargoes and Ship Port Interface (AMSEB), Marine Safety, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-991-3143 (telephone), 613-993-8196 (fax), zwaanja@tc.gc.ca (email).

Notice is hereby given that the Governor in Council proposes, pursuant to paragraphs 35(1)(d), (e) (see footnote a) and (g) (see footnote b) and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote c), to make the annexed Cargo, Fumigation and Tackle Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations within 60 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Jan Zwaan, Manager, Cargoes and Ship Port Interface, Marine Safety Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (Tel.: 613-991-3143; fax: 613-993-8196; e-mail: zwaanja@tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

"cargo transport unit" means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon or a portable tank. (engin de transport)

"short-run ferry" means a vessel that regularly operates over the most direct water route between two points not more than 5 km apart and that is limited to the transport of unberthed passengers and of cargo transport units carried on an open vehicle deck. (traversier)

"SOLAS" means the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1988 relating to the Convention. (SOLAS)

(2) For the purpose of interpreting a document incorporated by reference in these Regulations other than CAN/CSA Standard S826.1-01 Ferry Boarding Facilities, "should" shall be read to mean "shall".

(3) For the purposes of these Regulations, every reference to "Administration" in a document incorporated by reference in these Regulations means

(b) in respect of a foreign vessel, the government of the state whose flag the vessel is entitled to fly.

(4) Unless otherwise indicated in these Regulations, any reference in these Regulations to a document is a reference to the document as amended from time to time.

2. (1) Except as otherwise provided in Parts 1 to 3, these Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters.

(b) vessels used in commercial fishing or vessels that take on their load at sea and are engaged in catching, harvesting or transporting fish, marine vegetation or other living resources of the sea.

(3) These Regulations do not apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

"BLU Code" means the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, published by the IMO. (Recueil BLU)

"Board" means the Marine Technical Review Board established under section 26 of the Act. (Bureau)

"bulk cargo" means any cargo consisting of a mixture of liquid, gas or particles, granules or any larger pieces of material, generally uniform in composition, that is loaded directly into the cargo space of a vessel without any intermediate form of containment. (cargaison en vrac)

(b) in respect of a foreign vessel, has the meaning assigned by regulation 1 of Chapter IX of SOLAS. (compagnie)

"CSS Code" means the Code of Safe Practice for Cargo Stowage and Securing, published by the IMO. (Recueil CSS)

"dangerous goods", except in Division 2, means the substances, materials and articles covered by the IMDG Code. (marchandises dangereuses)

"IMDG Code" means the International Maritime Dangerous Goods Code, published by the IMO. (Code IMDG)

"inland voyage" means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

"inland waters of Canada" means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

(b) from Anticosti Island to the north shore of the St. Lawrence River along a meridian of longitude 63°W. (eaux internes du Canada)

"International Grain Code" means the International Code for the Safe Carriage of Grain in Bulk, published by the IMO. (Recueil international de règles sur les grains)

"near coastal voyage, Class 2" has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 2)

"packaged goods" means dangerous goods in a form of containment specified in the IMDG Code for those goods. (marchandises emballées)

"sheltered waters voyage" has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage en eaux abritées)

(b) the day on which construction identifiable with a specific vessel begins; and

(c) the day on which assembly of the vessel reaches the lesser of 50 tonnes and one per cent of the estimated mass of all structural material.

101. (1) No person shall consign to be loaded on a vessel in Canadian waters a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

(2) The authorized representative and the master of a vessel in Canadian waters, and every agent charged with loading a vessel in Canadian waters, shall not cause or permit to be loaded on the vessel a package or object of a gross mass of one tonne or more unless its gross mass is clearly and durably marked on the outside of the package or object.

(3) If the exact mass of the package or object would be difficult to ascertain because of its nature, an approximate mass may be marked accompanied by the word "approximate" or a reasonable abbreviation.

102. This Division applies in respect of loading and carrying cargo other than bulk cargo, timber deck cargo or dangerous goods.

103. (1) Every shipper of cargo to be loaded in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

(2) Every person who packs cargo shall comply with regulations 5.2 and 5.5 of Chapter VI of SOLAS.

(3) The master of a vessel shall ensure that the requirements of regulations 5.1, 5.3 and 5.4 of Chapter VI of SOLAS are met.

104. (1) The master of a vessel engaged on or about to engage on a voyage, other than a Canadian vessel engaged or about to engage on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage between Canadian ports, shall ensure that the requirements of regulation 5.6 of Chapter VI of SOLAS are met and keep on board the Cargo Securing Manual referred to in that regulation.

(2) For the purposes of regulation 5.6 of Chapter VI of SOLAS, the Minister shall, on application, approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code.

"BC Code" means sections 1 to 12, except for 3.1.1, and Appendices 1 to 3 and 6, 7 and 9 of the Code of Safe Practice for Solid Bulk Cargoes, published by the IMO. (Recueil BC)

"concentrates" means materials that are obtained from a natural ore by a process of enrichment or benificiation by physical or chemical separation and removal of unwanted constituents. (concentrés)

"dangerous goods" means materials that are covered by the IMDG Code and are solid bulk cargo. (marchandises dangereuses)

"double-side skin" means, in respect of a vessel, that each side of the vessel is constructed by the side shell and a longitudinal bulkhead that connects the double bottom and the deck. Hopper side tanks and top-side tanks may, if fitted, be integral parts. (double muraille)

"incompatible", in respect of goods, means goods that may react dangerously when mixed. (incompatible)

"length", in respect of a vessel, means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that is greater. In vessels designed with a rake of keel, the waterline on which the length is measured shall be parallel to the designed waterline. (longueur)

(b) that one or more cargo holds are bounded by a double-side skin with a width measured perpendicular to the side shell of less than 760 mm in vessels constructed before January 1, 2000 and less than 1,000 mm in vessels constructed on or after January 1, 2000 but before July 1, 2006. (muraille simple)

"solid bulk cargo" means any bulk cargo other than liquid or gas. (cargaison solide en vrac)

(2) If dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall be regarded as a single vessel for the purposes of this Division.

(3) For the purposes of this Division, every reference to "competent authority", "authority of the port of State" or "appropriate authority" in the BC Code means

(a) in the case of a vessel in Canadian waters or a Canadian vessel in international waters, the Minister;

(b) in the case of a vessel in the waters of a foreign state, the government of that state; and

(c) in the case of a foreign vessel in international waters, the government of the state whose flag the vessel is entitled to fly.

106. This Division applies in respect of loading, carrying and unloading solid bulk cargo other than grain.

107. (1) The master of a vessel shall ensure that the requirements set out in the following are met:

(b) Part B of Chapter VI of SOLAS, except in so far as the requirements apply to the terminal representative; and

(2) Every terminal representative, as defined in regulation 7.1 of Chapter VI of SOLAS, shall ensure that the requirements of Part B of that Chapter that apply to terminal representatives are met.

(3) Regulation 7.2 of Chapter VI of SOLAS does not apply before January 1, 2011 in respect of a Canadian vessel that is not a Safety Convention vessel if the master has comprehensive information on the following:

(a) the effects of loading, carrying and unloading solid bulk cargo on the vessel's stability; and

(b) the distribution of solid bulk cargo so as not to overstress the vessel's structure under standard loading conditions.

(4) The master and the terminal representative shall ensure that the plan required by regulation 7.3 of Chapter VI of SOLAS contains the information required by Appendix 2 of the BLU Code. For vessels in respect of which subsection (3) applies, the plan need not contain the calculated values of maximum permissible bending moments and shear forces.

(6) For the purposes of this section in respect of loading or unloading a vessel in Canadian waters, the reference in Part B of Chapter VI of SOLAS to "the appropriate authority of the port State" shall be read as a reference to "the terminal operator".

108. (1) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m³ or more shall ensure that the vessel complies with regulations 6.1.1 to 6.1.3 of Chapter XII of SOLAS

(a) in the case of a vessel constructed 17 years or more before the day on which this section comes into force, no later than the day on which this section comes into force; and

(b) in the case of a vessel constructed less than 17 years before the day on which this section comes into force, on the earliest of

(i) the seventeenth anniversary of the date of its construction,

(ii) the day on which this section comes into force if on or before that day and after the fifteenth anniversary of the date of its construction the vessel had a periodical inspection required by regulation 2 of Chapter XI of SOLAS, and

(iii) the day on which it has its first periodical inspection required by regulation 2 of Chapter XI of SOLAS after the fifteenth anniversary of the date of its construction if that day is after the day on which this section comes into force.

(2) The master of a Safety Convention vessel shall ensure that the vessel complies with regulation 6.4 of Chapter XII of SOLAS.

(3) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction, was constructed on or after July 1, 1996 but before July 1, 1999 and is carrying solid bulk cargo that has a density of 1 780 kg/m³ or more shall ensure that the vessel complies with regulation 7.1 of Chapter XII of SOLAS.

(4) The authorized representative of a Safety Convention vessel shall ensure that the requirement set out in regulation 8.3 of Chapter XII of SOLAS is met.

(5) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel complies with regulation 11.1 of Chapter XII of SOLAS.

(6) Subsection (5) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply to the vessel.

(7) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel complies with regulation 11.3 of Chapter XII of SOLAS.

(8) The authorized representative of a Safety Convention vessel of 150 m or more in length that has a single-side skin construction and is carrying solid bulk cargo that has a density of 1 780 kg/m³ or more shall ensure that the vessel complies with regulation 14 of Chapter XII of SOLAS, unless that regulation does not apply to the vessel.

109. (1) The master of a vessel shall ensure that the requirements of regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS are met.

(2) Every company shall ensure that the requirements of regulation 7-4.2 of Chapter VII of SOLAS are met in respect of its vessels.

(3) Every person on or in the vicinity of a vessel that is carrying dangerous goods or onto or from which dangerous goods are being loaded or unloaded shall take the measures specified in respect of those goods in the BC Code with respect to the activities in which they are engaged.

(4) The master of a tug who takes charge of an unoccupied barge carrying dangerous goods shall, before commencing any voyage,

(a) ensure, to the extent that it is feasible, that the goods are carried in accordance with Part B of Chapter VI of SOLAS, regulations 7-2, 7-3 and 7-4.1 of Chapter VII of SOLAS and the BC Code; and

(b) be in possession of the documents required by section 114 in respect of those goods.

110. (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

(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 where on the vessel smoking or the use of 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 those activities in those places.

(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 are capable of allowing water outside the bilges to drain to the bilge sections while preventing the cargo from entering the bilges.

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

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

(5) The person in charge of unloading dangerous goods and other goods that are incompatible with them shall, if the unloading is interrupted while some of the goods are in a cargo space, close its hatch cover 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.

112. 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.

113. At least 24 hours before 150 tonnes or more of ammonium nitrate are to be loaded onto or unloaded from a vessel, the 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.

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

(c) the provisions, if any, with respect to that cargo that are set out in a schedule to Appendix 1 of 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 the 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 the documents required to comply with the provisions referred to in paragraphs (1)(a) to (c). However, 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.

(4) 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.

(5) 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.

115. (1) An inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with sections 109 to 114 shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with sections 109 to 114 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;

(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 an item of the table to this subsection, the greater of the fees set out in columns 2 and 3 of that item; 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.

(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

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

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

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

116. (1) If a self-unloading vessel that loads or unloads coal at a port in Canadian waters does not have electrical cables and components situated in spaces adjacent to cargo spaces that are safe for use in hazardous zones, the master shall ensure that

(b) the electrical cables and components in those spaces have a minimum of Class II, Division 2, Group F rating, in accordance with Part I of the Canadian Electrical Code;

(c) a mechanical ventilation system is operating in unloading tunnels and loopbelt tunnels and any other transfer equipment and, if an exhaust fan is part of the system, it is certified by its manufacturer as safe for use in an explosive atmosphere; and

(d) the operational procedures for the mechanical ventilation system in an explosive atmosphere are documented and in place.

(2) Instead of ensuring compliance with the requirement in the COAL schedule to Appendix 1 of the BC Code that holds be surface ventilated for the first 24 hours after departure from the loading port, the master of a self-unloading vessel that loads coal at a port in Canadian waters before or during an inland voyage may ensure that the holds are ventilated by other methods that reduce methane concentration and that the spaces adjacent to the cargo spaces are ventilated before electrical power sources are activated.

(3) The master of a self-unloading vessel that loads or unloads coal at a port in Canadian waters before, during or after an inland voyage need not ensure that supply ventilation equipment for tunnels is safe for use in an explosive atmosphere.

(4) If the carbon monoxide level in a cargo space increases steadily or exceeds 50 ppm, the master of a self-unloading vessel that loads or unloads coal at a port in Canadian waters before, during or after an inland voyage may comply with the requirements of subsection (5) instead of

(a) ensuring that the cargo space is completely closed down and all ventilation ceased;

(a) to ensure that readings of the carbon monoxide level and the lower explosion limit are taken at least every four hours in the first 24 hours of sailing and after that at least

(i) once per day if the carbon monoxide levels are under 50 ppm,

(ii) twice per day if the carbon monoxide levels are 50 ppm or more but less than 500 ppm, and

(iii) once every four hours if the carbon monoxide levels are 500 ppm or more; and

(b) to notify the vessel's owners and the nearest Department of Transport Marine Safety Office if both the carbon monoxide level and the lower explosion limit are simultaneously increasing.

117. The master of a vessel that is departing from a Canadian port and is loaded with iron ore concentrates or sulphide concentrates of lead, copper or zinc for export to a place that is not within the limits of an inland voyage shall ensure that the concentrates are trimmed and levelled so that

(d) in the case of iron ore concentrates, the height differences between the peaks and troughs in the square of the hatch do not exceed five per cent of the vessel's breadth; and

(e) in the case of sulphide concentrates of lead, copper or zinc, the height differences between the peaks and troughs do not exceed five per cent of the vessel's breadth in the athwartship direction for the full width of the hold.

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

(2) No vessel in Canadian waters shall load concentrates except in accordance with a Certificate of Readiness to Load issued 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 if

(a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS are met;

(d) the master is familiar with the hazards that can occur as a result of concentrate oxidation; and

(e) the vessel is in fit condition to carry concentrates in the holds in which they are to be loaded.

(4) The Minister may, for the purpose of ensuring compliance with sections 107, 108, 114 and 117, specify the following terms and conditions in a Certificate of Readiness to Load:

(c) the manner in which the concentrates are to be distributed so as not to overstress the vessel's structure under standard loading conditions;

(d) the stowage factor used in the stability calculation for the concentrates; and

(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 master a written statement setting out those requirements.

119. (1) No vessel that is carrying concentrates 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 in respect of a vessel loaded with concentrates if

(a) the requirements of regulations 2, 6, 7.2 and 7.3 of Chapter VI of SOLAS and the requirements of the BC Code are met;

(b) if a Certificate of Readiness to Load was issued under subsection 118(3), the vessel was loaded in accordance with the Certificate; and

"grain" means wheat, corn, oats, rye, barley, rice, pulses and other seeds and the processed form of seeds whose behaviour is similar to that of seeds in their natural state. (grain)

(2) For the purposes of this Division, the reference in A4 of the International Grain Code to "an equivalent accepted by the Administration in accordance with regulation I/5 of the International Convention for the Safety of Life at Sea, 1974, as amended," shall be read, in respect of a Canadian vessel, as a reference to "a replacement granted by the Board under section 28 of the Act".

(a) Canadian vessels that are loading or carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage, a sheltered waters voyage or a near coastal voyage, Class 2;

(b) vessels in Canadian waters that are loading or carrying grain in bulk that is for export to a place that is not within the limits of an inland voyage; and

(c) foreign vessels in Canadian waters that are carrying grain in bulk and are engaged or about to engage on a voyage other than an inland voyage.

122. (1) Subject to section 124, the master of a vessel shall ensure that the requirements of regulation 3.1 of Chapter VI of SOLAS and the requirements of the International Grain Code are met.

(2) Every shipper of grain to be loaded onto a vessel in Canadian waters shall comply with regulation 2 of Chapter VI of SOLAS.

123. (1) On application, the Minister shall approve a Canadian vessel's grain loading manual if

(a) it includes the information referred to in sections 6.2 and 6.3 of the International Grain Code and that information can be used to ensure that the vessel meets the requirements of the Code; and

(2) On application, the Minister shall issue a document of authorization to a Canadian vessel if the vessel's grain loading manual has been approved under subsection (1).

124. (1) The master of a vessel may ensure that the requirements of subsection (2) are met in lieu of the requirements of sections 7 to 9 of the International Grain Code while the vessel is in the following waters and is proceeding to a port in those waters:

(a) the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W; or

(b) the waters bounded by the coast of the Province of British Columbia and the State of Washington and lying between a straight line drawn along the parallel of latitude 50° N from Vancouver Island to the Canadian mainland and a straight line drawn north from Cape Flattery to Vancouver Island.

(b) any restrictions on load conditions and regarding local stress set out in the vessel's stability documents are met;

(c) the appropriate national marine weather services for the forecast of the weather to be encountered on the voyage are checked and the vessel does not proceed when unusually adverse weather conditions are forecast;

(g) throughout the voyage, the initial metacentric height of the vessel exceeds, after correction for the free surface effects of liquids in tanks, each of the values determined by the following formulae:

(i) (upsetting moment × 3.73) / displacement, and

(ii) (upsetting moment × beam) / (displacement × freeboard).

(3) For the purpose of paragraph (2)(d), a hold with a saucer is considered to be filled if it is temporarily secured by lining it with one layer of bagged grain or with other cargo that is tightly stowed and exerts at least the same pressure as a layer of bagged grain.

(4) For the purpose of paragraph (2)(g), the upsetting moment for unsecured holds with no centreline division is the value obtained by the formula (0.0177 × L × B³) / SF and the upsetting moment for unsecured holds with a centreline division is the value obtained by the formula (0.0044 × L × B³) / SF

B is equal to the moulded breadth of the vessel or the breadth of slack grain surface, whichever is lesser; and

125. (1) The master of a Safety Convention vessel shall ensure that the vessel complies with regulation 6.4 of Chapter XII of SOLAS.

(2) The authorized representative of a vessel of 150 m or more in length shall ensure that the vessel complies with regulation 11.1 of Chapter XII of SOLAS.

(3) Subsection (2) does not apply before January 1, 2013 in respect of a Canadian vessel that is not a Safety Convention vessel if it has on board a loading guidance manual that the Minister has determined adapts the principles for safe loading and unloading procedures set out in sections 4 to 6 of the BLU Code to apply to the vessel.

(4) The authorized representative of a vessel of less than 150 m in length that was constructed on or after July 1, 2006 shall ensure that the vessel complies with regulation 11.3 of Chapter XII of SOLAS.

126. (1) The master of a vessel designed to carry liquid bulk cargoes shall ensure that grain is not loaded onto the vessel unless

(a) in each hold, the stripping line suction or one of the main cargo line suctions is enclosed by a box that is

(i) constructed of lumber that is at least 64 mm by 64 mm or another material that is at least as strong,

(ii) large enough to enclose a volume of at least 0.6 m³, and

(iii) fitted with drainage arrangements that are designed so that

(A) water outside the box drains towards the suction while grain is prevented from entering the box after the cargo is loaded, and

(B) if they have holes or spaces, the total area of the holes or spaces is at least six times the cross-sectional area of the suction pipe;

(A) is fitted with a cap in proper working order,

(B) is grain-tight,

(D) extends from above the main deck level to a level not more than 75 mm above the vessel's bottom plating, or

(A) is constructed of semi-rigid plastic tubing or another material that is similar in strength and flexibility,

(B) has an internal diameter of at least 38 mm, and

(c) all heating coils for the holds are cooled and drained of water and their valves secured closed by means of wire lashings;

(d) all main-deck pipeline valves are secured closed by means of wire lashings; and

(e) all sea valves for the holds are closed by inserting blanks adjacent to the valves or by securing the valves with chain lashings and padlocks.

(2) The master shall ensure that grain is not loaded onto a vessel, other than one designed to carry liquid bulk cargoes, unless the bilges in every hold are free of extraneous material and are capable of allowing water outside the bilges to drain to the bilge suctions while preventing grain from entering the bilges.

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

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

(b) the documents required by regulations 2 and 7.2 of Chapter VI of SOLAS and section 3.1 of the International Grain Code are on board;

(c) the proposed loading would meet any restrictions on load conditions and regarding local stress set out in the vessel's stability documents;

(d) the vessel is in fit condition to carry grain in the holds in which it is to be loaded; and

(i) received written approval for loading under paragraph 58(2)(a) of the Plant Protection Regulations, or

(ii) been advised under paragraph 58(2)(b) of the Plant Protection Regulations that inspection and approval of the vessel is not required.

(3) The Minister may, for the purpose of ensuring compliance with sections 122 and 124 to 126, specify the following terms and conditions in a Certificate of Readiness to Load:

(4) 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 master a written statement setting out those requirements.

128. (1) No vessel that is carrying grain 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 in respect of a vessel loaded with grain if

(b) if a Certificate of Readiness to Load was issued under subsection 127(2), the vessel was loaded in accordance with the Certificate; and

"Timber Code" means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991, published by the IMO. (Recueil de bois en pontée)

"timber" includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. (bois en pontée)

130. This Division applies in respect of vessels that are 24 m or more in overall length and are loading or carrying timber on an uncovered part of a freeboard or superstructure deck for export or import.

131. (1) The master of a vessel that is 80 m or more in subdivision length shall ensure that the curve of minimum operational metacentric height versus draught described in regulation 25-8.1.1 of Chapter II-1 of SOLAS is not exceeded.

(2) The master of a vessel that is less than 80 m in subdivision length shall ensure that the requirements of Appendix C of the Timber Code are met.

(3) In this section, "subdivision length" has the same meaning as in regulation 25-2 of Chapter II-1 of SOLAS.

132. The master of a vessel shall ensure that the requirements of chapters 2 to 6 of the Timber Code, and Appendices A and B to the Code, are met.

133. For the purpose of 4.2.1 of the Timber Code, uprights shall be fitted on a vessel that is within a seasonal winter load line zone and is loaded in a Canadian port within the period during which the winter load line is applicable if

(b) the maximum height of the cargo above the hatch cover exceeds 2.44 m or there are more than two tiers of bundles of lumber above the hatch cover.

134. (1) For the purpose of 4.5.1 of the Timber Code, all lashings used for the securing of timber shall be tested by a competent person to determine whether they

(b) in the case of chains, have a link weld capable of a 90° cold bend without separation; and

(2) For the purpose of 4.5.1 of the Timber Code, all components used for the securing of timber shall be tested by a competent person to determine whether they

(3) For the purpose of 4.5.1 of the Timber Code, if lashings or components meet the requirements referred to in subsection (1) or (2), as the case may be, the competent person may

(a) mark each of them in a distinctive manner that indicates the month and year of testing; and

(i) the distinguishing mark,

(ii) a description of the lashings or components,

(iii) the date of testing,

(iv) the number of similar lashings or components tested on that date,

(v) the proof load, and

(vi) the original breaking strength.

(a) the lashings and components in respect of which a certificate is issued under paragraph (3)(b) shall be re-tested by a competent person at least once every four years after the day on which the certificate is issued to determine whether or not they exhibit permanent deformation after having been subjected to a proof load of not less than 40 per cent of their original breaking strength; and

(b) if the lashings or components do not exhibit permanent deformation in the test, the competent person may sign and issue a certificate that sets out the information specified in paragraph (3)(b).

(5) For the purpose of 4.5.1 of the Timber Code, if the diameter of a section of a lashing or component appears to be reduced by 10 per cent or more from its original diameter when a visual examination under 4.5.3 of the Timber Code or section 137 is made, any certificate issued in respect of the lashing or component is invalid unless

(a) if the reduction is 20 per cent or less, the lashing or component is re-tested by a competent person subjecting it to a proof load of not less than 40 per cent of its original breaking strength and it does not exhibit permanent deformation; or

(b) if the reduction is more than 20 per cent, a representative sample of the lashing or component, or of another lashing or component in respect of which the same certificate applies and that has a similar reduction in a section of its diameter, is tested by a competent person to destruction and has a breaking strength of not less than 133 kN.

(6) For the purposes of this section, "competent person" means a professional engineer or a person with similar qualifications.

135. (1) The English version of 5.1 of the Timber Code shall be read without reference to "and workers".

(2) 5.3 of the Timber Code applies only on the completion of loading and securing.

136. 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

137. (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.

(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

139. (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 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 if

(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 131 to 138, specify the following terms and conditions in a Certificate of Readiness to Load:

140. (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 in respect of a vessel loaded with timber if

(b) if a Certificate of Readiness to Load was issued under subsection 139(3), the vessel was loaded in accordance with the Certificate; and

"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" 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" 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)

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

(a) the greater of 25 passengers and one 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 one passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. (bâtiment à passagers)

142. (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 is prohibited in the vicinity of the unit, and approaching the unit is prohibited; and

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

143. (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.

144. (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

(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 145(4);

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

(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;

(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 proper 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".

145. (1) Subject to sections 147 and 150, subsections 153(3), 155(3) and (4) and section 156, the master of a vessel shall ensure that the requirements of the following are met:

(2) Every company shall ensure that the requirements of regulation 6.2 of Chapter VII of SOLAS are met in respect of its vessels.

(3) Every person who ships packaged goods by a vessel or consigns packaged goods to a vessel in a cargo transport unit that is not required to be marked by the Transportation of Dangerous Goods Regulations shall comply with any reasonable request that the vessel's authorized representative or master makes in respect of the goods in order to comply with the requirements of the IMDG Code respecting stowage and segregation if the cargo transport unit

(4) The "AWAY FROM" segregation requirement in the IMDG Code for incompatible dangerous goods that are carried in the same cargo transport unit does not apply if they

(i) a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage, or

(ii) a voyage between two places in Canada during which the vessel is never more than 120 nautical miles from shore or 200 nautical miles from a place of refuge; and

(b) are separated by a minimum horizontal separation of 2 m, projected vertically.

146. If the master or authorized representative of a vessel suspects that a means of containment contains dangerous goods and that the requirements of this Division have not been met in respect of those goods, the master or authorized representative may take any reasonable steps necessary to determine if the suspicion is correct and, if it is, refuse to take the means of containment on board.

147. (1) Compliance with the requirements of regulation 5 of Chapter VII of SOLAS is not required if

(a) the vessel is a Canadian vessel engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage between Canadian ports; and

(b) all cargo on board the vessel is loaded, stowed and secured in a manner that ensures that, under normal conditions of transport, no means of containment for dangerous goods

(i) becomes damaged in a way that could lead to an accidental release of the dangerous goods, or

(ii) causes damage to other cargo that could lead to an accidental release of the dangerous goods.

(2) For the purposes of regulation 5 of Chapter VII of SOLAS, on application the Minister shall approve a Cargo Securing Manual if it is drawn up to a standard at least equal to the standard set out in the Annex to Appendix 2 to the CSS Code.

(3) Unless subsection (1) applies, the master of a vessel shall keep on board the Cargo Securing Manual referred to in regulation 5 of Chapter VII of SOLAS.

148. On application, the Minister shall issue an Certificate of Fitness for the Carriage of INF Cargo to a vessel that carries INF Cargo if the requirements of chapters 2 to 10 of the INF Code are met.

149. (1) If inclement weather is expected, the master of a vessel that is carrying a wheeled cargo transport unit that contains dangerous goods shall ensure that adequate means, having regard to the kind of weather expected and the planned route of the voyage, are provided to restrain the wheeled cargo transport unit and any wheeled cargo transport units stowed in its immediate vicinity. The means shall include any one or any combination of the following:

(c) lashing down with securing devices that are described in Table 1 to section 4.2 of Annex 13 to the CSS Code, are attached to the deck and are not used with a working load that exceeds the applicable percentages of the maximum securing load set out in that Table for the devices; and

(2) If securing devices are used, the master shall ensure that the information required by section 2.1 or 2.2, as the case may be, of the Annex to Appendix 2 to the CSS Code is kept on board.

(3) Every person who secures a wheeled cargo transport unit that contains dangerous goods shall take into consideration

(a) movement between the body and the wheels of the unit due to the springing of the unit's suspension;

(b) the centre of gravity of the unit in relation to both the wheel base and the wheel-to-ground contact area; and

150. (1) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a motor vehicle, other than a recreational vehicle, that has fuel in its fuel tank or is carrying fuel outside the fuel tank to propel the vehicle if

(b) the fuel tank is not so full as to be likely to spill because of an increase in volume from temperature changes;

(d) the vehicle is carrying, outside the fuel tank, no more than 25 L of the fuel needed to propel it and the fuel is in a means of containment that

(i) is designed for the carriage of that type of fuel,

(ii) meets the requirements of the Transportation of Dangerous Goods Regulations for the means of containment,

(iii) is secured within the vehicle, and

(iv) if a gaseous fuel is carried, is equipped with valves protected by valve caps.

(2) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a recreational vehicle or recreational trailer that is carrying cylinders of liquefied petroleum gas or propane if

(i) it does not carry more than two cylinders with a total capacity not exceeding 65 L,

(ii) the gas is for domestic use,

(iii) each cylinder is secured to the vehicle or trailer, and

(iv) the valves of each cylinder are securely closed at all times while the vehicle or trailer is on the vessel;

(i) the barbecue is equipped with not more than one cylinder of propane with a capacity not exceeding 65 L, and

(ii) the valves on the cylinder are securely closed at all times while the vehicle or trailer is on the vessel; and

(d) in the case of the vehicle, it meets the requirements of paragraphs (1)(b) to (d).

(3) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a trailer, including one carrying containers of gasoline, that is being used to carry a motorboat or a total of not more than two motorbikes, all-terrain vehicles, snowmobiles and personal watercraft that have gasoline in their fuel tanks or are carrying containers of gasoline outside their fuel tanks to propel them if

(a) the trailer is towed by or attached to a motor vehicle that is driven on and off the vessel;

(b) the fuel tanks are not so full as to be likely to spill because of an increase in volume from temperature changes; and

(i) has a capacity not exceeding 25 L,

(ii) meets the requirements of the Transportation of Dangerous Goods Regulations for the means of containment, and

(iii) is secured on the trailer or in the other conveyance.

(4) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a service repair vehicle that meets the requirements of subsection (1) and is carrying cylinders of propane, compressed oxygen or dissolved acetylene if

(a) not more than four service repair vehicles that are carrying any of those cylinders are carried at the same time;

(b) the vehicle is not carrying more than one cylinder of propane with a capacity not exceeding 65 L, one cylinder of compressed oxygen with a capacity not exceeding 50 L and one cylinder of dissolved acetylene with a capacity not exceeding 75 L;

(i) are secured to the vehicle in an upright position by permanently installed fittings, and

(ii) have their valves securely closed and protected by a screw-on metal cap;

(d) the vehicle is stowed at either end of the vehicle deck and access to the place where it is stowed is restricted by means of barriers or signs;

(e) if the vessel has a mechanical ventilation system for the vehicle deck, it is operating while the vehicle is stowed on board;

(f) the vessel's master ensures that a continuous watch is maintained on the vehicle deck to monitor all service vehicles;

(h) on closed-deck ferries, a minimum distance athwartships of 12 m is maintained between service vehicles; and

(i) on open-deck ferries, the maximum distance feasible but in any case not less than 6 m is maintained athwartships between service vehicles.

(5) A passenger vessel that is engaged on a sheltered waters voyage, a near coastal voyage, Class 2 or an inland voyage may carry a motor vehicle that meets the requirements of subsection (1) and is carrying a cylinder of refrigerated liquid oxygen if

(a) before the vehicle is loaded, the vessel's master is provided with a copy of any emergency response instructions contained in the dangerous goods shipping documents or prepared by the shipper;

(i) has a capacity not exceeding 450 L, and

(ii) is secured to the vehicle in an upright position by permanently installed fittings;

(d) the vehicle is stowed at one end of the vehicle deck and access to the place where it is stowed is restricted by means of barriers or signs;

(e) the vehicle is not stowed within 3 m of other motorized conveyances that have fuel in their fuel tanks;

(f) if the vessel has a mechanical ventilation system for the vehicle deck, it is operating while the vehicle is stowed on board;

(g) subject to paragraph (i), if the vehicle is stowed on a closed vehicle deck, or a partially closed vehicle deck not fitted with overhead deluge sprinklers,

(i) the vessel has a mechanical ventilation system for the deck, and

(ii) no other dangerous goods are carried on the same deck;

(h) subject to paragraph (i), if the vehicle is stowed on a partially closed vehicle deck fitted with an overhead deluge sprinkler system,

(i) the refrigerated liquid oxygen is deemed to have a 5.1 subsidiary risk classification for the purpose of determining the segregation requirements under the IMDG Code,

(ii) only dangerous goods that require not more than "AWAY FROM" segregation are carried on the same deck and those that require "AWAY FROM" segregation are separated by a horizontal distance of not less than 12 m, and

(iii) no inert compressed gases that have subsidiary risks are carried on the deck;

(i) the vehicle is on an open vehicle deck or on a partially open vehicle deck space fitted with an overhead deluge sprinkler system,

(ii) the accompanying dangerous goods documentation is clearly marked "Medical gases for hospital supply", and

(iii) the only other compressed gases that are carried in the vehicle are

(A) compressed oxygen, contained in up to a maximum of 10 cylinders of not more than 25 cm in diameter or 150 cm in length, and

(B) compressed nitrous oxide, contained in up to a maximum of 4 cylinders of not more than 25 cm in diameter or 150 cm in length;

(i) the tank is closed and permanently secured to the chassis of the vehicle,

(ii) the tank is oxygenated with not more than 5 L of gaseous oxygen per minute or in a manner or quantity that ensures that the oxygen is consumed by the fish to the maximum extent feasible,

(iii) the cylinder has a capacity not exceeding 17 L, and

(iv) the tank and the tubes connecting the cylinder to the tank are manufactured and installed to withstand a maximum pressure of 172.4 kPa (25 psi) in accordance with an engineering standard recognized by a provincial engineering association; and

(k) the vessel's master or an officer designated by the master is aware at all times of the location on board of the vehicle's operator.

(6) Subject to subsection (8), a passenger vessel that is engaged on a voyage other than a voyage described in subsection (1) may carry a motorized conveyance that has fuel in its fuel tank if

(i) its fuel tank is not so full as to be likely to spill because of an increase in volume from temperature changes, and

(ii) its ignition is switched off; and

(i) its fuel tank is drained so that not more than 10 L of gasoline remain in the tank,

(ii) its ignition is switched off, and

(iii) its battery terminals are disconnected and taped to prevent electrical shorting or it is stowed in a hold designated in the vessel's Passenger Ship Safety Certificate as a special category space.

(7) The master of a vessel that is not a passenger vessel shall ensure that a motorized conveyance that has fuel in its fuel tank is not carried on the vessel unless the conditions set out in subsection (6) are met.

(8) Before a motor vehicle that is carrying dangerous goods classified as Class 1 in the IMDG Code and is to be stowed under deck or towed on and off a closed vehicle deck, the vessel's master shall ensure that

(a) its fuel tank is drained and its engine runs until it stalls for want of fuel;

(9) The master of a vessel shall ensure that, before a motor vehicle is loaded onto the vessel, it is inspected for leakage of fuel or any other substance and if there are signs of such leakage, the master shall ensure that it is not loaded onto the vessel until the leakage is stopped.

(10) To the extent feasible, the master of a vessel shall ensure that every motorized conveyance on board is stowed so as to permit inspection.

151. (1) Every passenger shall keep off a closed vehicle deck on a vessel that is underway unless,

(a) if there are no packaged goods on the deck, he or she has received the express consent of the vessel's master to enter the deck; or

(b) if there are packaged goods on the deck, he or she is accompanied by a crew member.

(2) Subsection (1) does not apply when passengers are directed to return to their vehicles before the vessel docks.

152. If a vessel or person is at any time in serious and imminent danger by reason of an accident or incident that occurs during the loading, carriage or unloading of dangerous goods, its master shall immediately report the accident or incident to the nearest Department of Transport Marine Safety Office by the quickest means available.

153. (1) The master of a vessel shall ensure that packaged goods are safeguarded and handled carefully while they are being loaded onto, carried by and unloaded from the vessel.

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

(3) Before commencing any voyage, the master of a tug who takes charge of an unoccupied barge carrying packaged goods shall ensure, to the extent that it is feasible, that the goods are carried in accordance with the IMDG Code.

(4) Subject to section 150, every person who is on or in the vicinity of a vessel carrying packaged goods or who is on board when packaged goods are being loaded or unloaded shall take the measures specified in the general precautions and the general provisions in the IMDG Code in respect of the activities in which they are engaged.

154. (1) At least 24 hours before 150 tonnes or more of ammonium nitrate or 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, are 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) if the loading or unloading is to take place at a port, the harbour master at the port or, if there is no harbour master, the person responsible for the port.

(2) No person shall load onto or unload from a vessel 25 kg or more, net explosives quantity, of packaged goods that are explosives, other than explosives included in Class 1.4S, unless

(a) not more than 20 000 kg, net explosives quantity, are loaded or unloaded by driving a single vehicle that is being operated under an Explosive Transportation Permit issued under section 65 of the Explosives Regulations directly aboard a ro-ro cargo vessel immediately before departing or ashore immediately after arrival on a last-on, first-off basis; or

(b) an inspector within the meaning of section 2 of the Explosives Regulations has inspected the wharf or port facility where the explosives are to be loaded or unloaded and has determined that the wharf or facility meets, for the quantity of explosives, the Quantity Distance Principles that are applied in respect of the issuance of a licence under section 7 of the Explosives Act and set out in the Quantity Distance Principles User Manual published by the Department of Natural Resources.

(3) If explosives are loaded or unloaded under paragraph (2)(a), the maximum waiting time of the vehicle dockside shall not exceed 30 minutes and during this time the vehicle shall be parked as far as possible from all areas used by the general public or for the handling or storage of other cargo.

155. (1) The authorized representative of a vessel that is carrying, elsewhere than in a cargo transport unit, explosives or ammonium nitrate in respect of which notification is required under subsection 154(1) shall ensure that the vessel is equipped with

(a) a power-operated fire pump whose source of power and sea connections are located outside the machinery space; and

(b) a self-contained set of breathing apparatus and, if there are more than three crew members, another set of breathing apparatus.

(2) If the machinery spaces in a vessel referred to in subsection (1) do not have a watch kept at all times while the machinery is operating, they shall be equipped with a fire detection system.

(3) If the vessel is of less than 500 gross tonnage and does not have a means to separate goods from heat sources as required by the IMDG Code, its master may, after notifying the Board, separate any goods from heat sources by

(a) a watertight steel bulkhead that meets the requirements of subsection 41(1) of the Hull Construction Regulations;

(i) a watertight steel bulkhead, and

(ii) a temporary bulkhead that is constructed to a standard that is at least equivalent to that for a bulkhead of a Type A magazine specified in the introduction of Class 1-Explosives in the IMDG Code, sheathed with fire-retardant material on the side closest to the machinery or accommodation space and positioned not more than 0.61 m from the steel bulkhead; or

(c) a distance of not less than 3 m maintained between the goods and the heat source, if the heat source is in a machinery or accommodation space and the goods are not within 3 m of any other goods other than goods that are not dangerous goods and that are compatible.

(4) If the vessel cannot, by reason of its design, disconnect the electrical circuits in a cargo space by positive means at a point external to the space, the fuses in the space shall be removed or the switches or circuit breakers in the space opened at the main panel.

156. If explosives, other than those that have toxic or lachrymatory properties, of different compatibility groups cannot be segregated by the methods specified in the IMDG Code and the authorized representative or the master of a vessel has so informed the Board, they may be stowed by

(i) is in new or like-new condition, and

(ii) if they are explosive substances set out in the IMDG Code, is sheathed on all interior metal surfaces except the roof with wood or plywood that is 19 mm thick and, if the container has a wooden floor, is sheathed on the floor with masonite panels, or another material that is at least as smooth and hard as masonite, at least 6 mm thick;

(b) taping all joints in the interior sheathing or sealing them using waterproof materials to prevent leaking or sifting;

(d) if the container is carried on deck, stowing it so that access to its door is maintained at all times;

(e) except in the case of vessels carrying explosives exclusively, maintaining an intervening space of not less than 6 m between the container and other containers of incompatible goods and between the containers and incompatible goods that are not in containers; and

(f) if the container is stowed in a cargo hold that does not have a means of detecting fire,

(i) fitting a system of sniffing-pipes in or adjacent to the spaces containing the explosives,

(ii) regularly monitoring the air in those spaces, and

(iii) entering the times and results of the monitoring in the deck log book.

157. (1) Except when military explosives are to be carried or have been carried between Canadian ports in closed cargo transport units, a service representative officer shall

(a) be present while military explosives are loaded onto or unloaded from a vessel in a Canadian port and when any hold or magazine containing military explosives on a vessel is first opened;

(b) advise the vessel's master on the safe stowage and segregation of any military explosives that are to be carried on the vessel; and

(i) specifying the name, registration number, port of registry and gross tonnage of the vessel,

(ii) specifying the date of loading, and

(iii) certifying that the representative was present during the loading and that to the best of the representative's knowledge the loading was done in accordance with this Division.

(2) The master shall keep the statement on board until the military explosives are unloaded.

158. (1) The master of a vessel that is engaged in marine drilling and blasting operations using explosives shall ensure that the requirements set out in subsections (2) to (15) are met.

(b) shall be stowed on an explosives-storage craft specially adapted for the carriage and stowage of explosives.

(3) The craft shall be moored securely to the vessel in a position that is remote from the drills and as far as possible from any navigable channel.

(4) The distance between the craft and the vessel shall be kept to a minimum to facilitate easy handling of the explosives.

(5) No person shall be on board the craft until the explosives are actually required.

(6) The craft shall be equipped with an efficient anchor that has sufficient line for use in case of an emergency.

(7) A sign reading "EXPLOSIVES" or "EXPLOSIFS" in letters that are at least 10 cm in height and displayed against a background of contrasting colour shall be displayed in a conspicuous position on the craft.

(8) If work is discontinued for more than 24 hours, all explosives remaining on the craft shall be moved ashore and placed in a magazine that is licensed under section 7 of the Explosives Act and meets the requirements of the Explosives Regulations.

(10) Areas on the vessel where smoking or the use of naked lights or spark-producing equipment could create a fire or explosion hazard shall be identified and warning notices displayed in conspicuous places on board the vessel prohibiting those activities in those areas.

(11) Lightning conductors shall be fitted to wooden masts, and to steel masts if electrical conductivity of the rigging is defective, on the vessel and the craft. If the vessel or craft has a steel mast and the hull is made of steel, the mast shall be bonded to the hull.

(12) Detonators on the vessel shall be stowed in a locked box or cabinet remote from the drills.

(13) The armed charges shall be made ready only a few minutes before use and shall be stowed in a receptacle on the vessel.

(14) In each shift, one person shall be assigned to transfer the explosives from the craft to the vessel and another person shall be assigned to arm the charges.

(15) The two persons shall also be responsible for the mooring lines between the vessel and the craft and shall pay special attention to the lines while other vessels are navigating in the vicinity.

159. (1) The master of a vessel used to transport explosives to an explosives-storage craft required by paragraph 158(2)(b) shall ensure that

(a) no person other than a member of the crew or a marine safety inspector is on board while the explosives are being carried;

(d) a red light that is visible all around the horizon is displayed while explosives are on board during the night and the vessel is not under way;

(e) there is no smoking or use of naked lights or spark-producing equipment on or in the vicinity of the vessel while explosives are being loaded or unloaded or on the open deck of the vessel when it is under way; and

(f) as drilling and blasting progresses, explosives are loaded on the vessel at points along the shore that are away from dwellings and as close as possible to the explosives storage craft.

(2) In this section, "night" includes the portion of the day extending from one-half hour after sunset until one-half hour before sunrise.

160. (1) An inspector authorized by the Minister under subsection 11(2) of the Act to carry out inspections to ensure compliance with this Division shall carry out an inspection of a vessel on which dangerous goods are loaded, carried or unloaded to ensure compliance with this Division 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;

(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

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

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

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

161. Dangerous goods are deemed to be packed, marked and documented in accordance with this Division if they are

(b) packed, marked and documented in accordance with the Transportation of Dangerous Goods Regulations.

162. If the Interprovincial Movement of Hazardous Wastes Regulations or the laws of a province in respect of the movement of waste require a manifest to be on board a vessel, its master shall ensure that the manifest is kept on board and is available for inspection.

"aerate" means to reduce or attempt to reduce the concentration of a fumigant in a space or a cargo transport unit on a vessel. (aérer)

"clearance certificate" means a certificate issued by a fumigator-in-charge or a marine chemist that certifies that a vessel, space or cargo transport unit on a vessel is gas-free. (certificat d'attestation)

"competent person" means a person who has the knowledge and experience to safely and adequately perform the duties required by this Part of a fumigator-in-charge, including at least 150 hours of experience on board vessels under the supervision of a marine chemist or fumigator-in-charge in the use and operation of equipment that detects the presence of gas in the atmosphere. (personne compétente)

"fumigant" means a pesticide that acts in a gaseous state to fumigate. (fumigant)

"fumigation in transit" means the fumigation of bulk cargo aboard a vessel, or of a space that contains bulk cargo while

(b) the vessel is in a Canadian port, if it is the intention of the master to continue the fumigation after the vessel leaves the port. (fumigation en cours de route)

"fumigator-in-charge" means a competent person responsible for carrying out a fumigation. (spécialiste)

"gas-free" in respect of a space, means a space in which the presence of a fumigant cannot be detected by a fumigator-in-charge or another competent person using detection methods and equipment that are appropriate to the fumigant. (exempt de gaz)

(i) has successfully completed courses in chemical engineering,

(ii) has successfully completed a general course with a major in chemistry, or

(iii) has obtained a fellowship in the Chemical Institute of Canada; and

(b) has at least three years experience in chemical or engineering work after meeting the requirements of paragraph (a), of which 150 working hours were spent in ship-board work involving the testing of tank vessels and other vessels in the application of gas hazard control standards under the supervision of a person with at least 500 hours experience in that work. (chimiste de la marine)

"Seaway" has the same meaning as in subsection 2(1) of the Canada Marine Act. (voie maritime)

"TLV" means the highest allowable concentration of a fumigant in a space to which a person may be exposed under this Part. (VLE)

201. This Part 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 is prohibited in the vicinity of the unit;

(d) no person other than the operator of the unit is permitted by the master of the ferry to approach within 1 m of the unit.

(i) the fumigation begins in Canadian waters, or

(ii) any cargo destined for a Canadian port is fumigated in transit.

203. (1) No person shall use a fumigant other than one set out in column 1 of an item of Schedule 1 to fumigate in a vessel.

(2) If, at any time other than during a fumigation of a space, a person has reasonable grounds to believe that the concentration of a fumigant set out in column 1 of an item of Schedule 2 in the space exceeds the TLV for that fumigant set out in column 2 or 3 of that item, the person shall immediately

(a) warn every person they know to be in the space that it should be evacuated; and

(3) After being notified of the excessive concentration, the master shall advise all persons on board the vessel of the excessive concentration.

(4) Every person in the space shall evacuate it after being advised of the excessive concentration.

(5) No person who has been advised of the excessive concentration shall enter the space unless that person wears a self-contained breathing apparatus required by paragraph 210(3)(d).

(6) The master shall ensure that the space is aerated by crew members with experience using the equipment to be used in the aeration or by persons assisting the fumigator-in-charge.

(7) Subsections (3) to (6) cease to apply when a competent person determines that the concentration of the fumigant does not exceed the TLV.

204. (1) No person shall fumigate in a Canadian vessel that is not alongside.

(2) No person shall fumigate a space in a foreign vessel that is not alongside unless the space contains bulk cargo.

205. No person shall begin to fumigate the contents of a barge or cargo transport unit that is on board a vessel.

206. (1) Before beginning to fumigate in a vessel in a Canadian port, the fumigator-in-charge shall ensure that notice of the intention to fumigate is given in writing to the nearest Department of Transport Marine Safety Office.

(2) Before a vessel in respect of which fumigation in transit has begun arrives at a Canadian port or the Seaway, the vessel's master shall give notice to the nearest Department of Transport Marine Safety Office that fumigation in transit on the vessel has begun.

(a) in the case of a vessel referred to in subsection (1), at least 24 hours before fumigation begins; and

(b) in the case of a vessel referred to in subsection (2), at least 24 hours before its arrival at the port or in the Seaway.

(a) in the case of a vessel referred to in subsection (1), the name of the port where the fumigation will take place and, if applicable, the number of the berth within the port;

(b) in the case of a vessel referred to in subsection (2), the name of the port or the entry point to the Seaway; and

(i) whether the fumigation is or will be of the cargo, cargo spaces or accommodation spaces on board the vessel,

(ii) whether the fumigation will be completed before the vessel leaves the port or the Seaway, as the case may be,

(iii) whether the fumigation is or will be a fumigation in transit, and

(iv) whether the fumigation is or will be of cargo on board a vessel that will be unloaded at a Canadian port.

(5) If the fumigant to be used in a fumigation referred to in subsection (1) is, or during the fumigation is likely to become, a flammable gas, the vessel's master shall, before fumigation begins

(a) remove all flammable materials, including refuse and oily waste, from any space that is to be fumigated; and

(b) disconnect all electrical circuits that lead to any space that is to be fumigated.

207. (1) Subject to subsection (2), the master of a vessel shall ensure that every fumigation and every aeration are carried out under the direction of a fumigator-in-charge.

(a) a fumigation in transit that began in a Canadian port, if the tests required by sections 219 and 220 are conducted and the requirements of section 221 are met;

(b) a fumigation in transit that began outside Canadian waters during the period beginning when the vessel enters Canadian waters and ending when the vessel enters a Canadian port to unload cargo; or

(c) a fumigation of a cargo transport unit on board a vessel that began before the cargo transport unit was loaded onto the vessel.

208. If persons on board a vessel are in serious and imminent danger as a result of the fumigation of the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the nearest Department of Transport Marine Safety Office by the quickest means available.

FUMIGATION OF CARGO, CARGO SPACES AND ACCOMMODATION SPACES WHILE A VESSEL IS ALONGSIDE

209. This Division applies in respect of the fumigation and the aeration of cargo, a cargo space or an accommodation space in a vessel while it is alongside.

210. (1) The fumigator-in-charge shall not begin fumigating or permit it to begin unless

(a) all persons who are on board the vessel and who are not engaged in the fumigation or in the care of the vessel have disembarked;

(b) the fumigator-in-charge has on display near all gangways and entrances that lead to a space that is to be fumigated a sign that

(i) corresponds to the sign set out in Schedule 3 and bears the name of the fumigant, the date and hour when the fumigation began and the signature of the fumigator-in-charge or the vessel's master, and

(ii) is rectangular in shape, not less than 250 mm wide and not less than 200 mm high with the word "DANGER" in letters not less than 25 mm high; and

(2) Subject to subsection 212(3), the persons referred to in paragraph (1)(a) shall not board the vessel until a clearance certificate has been issued in respect of the fumigation.

(a) the person keeping watch shall not allow anyone who is not engaged in the fumigation or care of the vessel to board it;

(b) the fumigator-in-charge shall take all feasible measures to prevent the leakage of a fumigant from a space that is being fumigated;

(c) 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 ascertain whether a fumigant is leaking from a space that is being fumigated;

(d) each person on board the vessel shall have available for immediate use a self-contained breathing apparatus that is capable of protecting them against any fumigant that is used during the fumigation; and

(e) subject to subsection (8), no person shall enter a space that is being fumigated.

(4) No person shall remove a sign referred to in paragraph (1)(b) until a clearance certificate has been issued in respect of the fumigation or until aeration has been completed.

(5) When a clearance certificate has been issued in respect of the fumigation, the vessel's master shall ensure that any signs warning of the fumigation are removed.

(a) every person who is taking part in the fumigation shall, under the direction of the fumigator-in-charge, take all feasible measures to stop the leakage; and

(7) If the leakage referred to in subsection (6) is stopped, the fumigator-in-charge shall notify the master of the stoppage. However, if the fumigator-in-charge determines that the leakage cannot be stopped, he or she shall direct the persons taking part in the fumigation to cease the fumigation and to aerate the space.

(8) If the fumigator-in-charge determines that entry into a space that is being fumigated is necessary, the fumigator-in-charge and one or more other persons experienced and knowledgeable in the use of the self-contained breathing apparatus required by paragraph (3)(d) may enter the space if they wear

(b) a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing the apparatus.

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 out of the space containing the cargo and into a space that is ordinarily occupied by crew members; and

(i) is not adjacent to a space that is ordinarily occupied by crew members, and

(ii) is separated by not less than 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 required to ascertain whether the concentration of a fumigant in a space that is ordinarily occupied by crew members exceeds the TLV for that fumigant set out in column 2 or 3 of the applicable item of Schedule 2.

(3) If a test 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 disembark.

(4) In this section, "gas-tight", in relation to a bulkhead, means that no fumigant can pass

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 shows that the concentration exceeds the TLV for the fumigant set out in column 2 or 3 of an item 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 the measurement of concentration does not exceed that TLV level and the space is safe for re-occupancy.

213. (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a fumigation 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 master shall record in the vessel's logbook the issuance of a clearance certificate and the date of issuance.

214. No person shall begin fumigation in transit in a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port.

215. This Subdivision applies in respect of fumigation in transit in a foreign vessel that begins when the vessel is in a Canadian port.

(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 out of 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 type of 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 that the fumigator-in-charge has determined that, during the fumigation, no fumigant is likely to leak out of 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 vessel's master, the nearest Department of Transport Marine Safety Office and the person responsible for administering the port 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;

(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 all gangways and entrances that lead to a space that 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 the vessel 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,

(D) the emergency procedures that should be taken to prevent fire and explosion of the 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 fumigation or until aeration has been completed.

(3) When a clearance certificate has been issued in respect of the fumigation, 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 done after cargo has been loaded if

(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.

(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 capable of detecting the presence of a fumigant when the fumigant is used in its gaseous state;

(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 shall ensure that the vessel is equipped with 10 per cent more spare tubes than are needed to conduct the tests required by subsection 220(3) every eight hours for the duration of the voyage.

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

(a) 24 hours after fumigation began 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 members of the crew 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) has ascertained that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

(b) has issued 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), the holds adjacent to the accommodation spaces.

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

(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 leaked 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

(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.

(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.

(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 leaked out of the space;

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

(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.

222. This Subdivision applies in respect of fumigation in transit in a foreign vessel and the aeration of spaces in it if

(b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.

223. (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall notify the persons occupying the space and the vessel's master.

(3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.

224. If persons on board a vessel are in serious and imminent danger as a result of the fumigation of the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the nearest Department of Transport Marine Safety Office by the quickest means available.

225. If a person conducts a test to determine whether a fumigant is present in a space, the vessel's master shall record the date and results of the test in the vessel's logbook.

226. (1) If the vessel is underway, the vessel's master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall ensure that any aeration of a space that was fumigated is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

(2) The master shall ensure that the aeration is carried out only if he or she determines that it is necessary for the safety of the crew or to meet an emergency that could affect the crew.

(3) During the aeration, the master or, if a fumigator-in-charge is on board, the fumigator-in-charge shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

(4) If a test indicates that the concentration of the fumigant exceeds the TLV set out in column 2 or 3 of the applicable item of Schedule 2,

(a) the master shall direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant; and

(b) the aeration of the space shall not resume unless the master or, if a fumigator-in-charge is on board, the fumigator-in-charge determines that the resumption of aeration will not cause the concentration to exceed the TLV in the space or ventilation system.

227. This Subdivision applies in respect of a foreign vessel in Canadian waters if it is carrying bulk cargo that has been fumigated in transit and any part of it is to be unloaded or topped off at a Canadian port.

228. No vessel shall enter Canadian waters until a notice has been sent to the nearest Department of Transport Marine Safety Office that sets out

229. (1) No person shall enter a space in the vessel unless a clearance certificate has been issued in respect of the space.

(2) Subsection (1) does not apply to persons who are experienced and knowledgeable in the use of the self-contained breathing apparatus referred to in paragraph 210(3)(d) and are wearing the apparatus and a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing the apparatus.

230. (1) When a clearance certificate has been issued in respect of the vessel, its master shall ensure that any signs warning of the fumigation are removed.

(2) The master shall enter the date and time of the issuance of the clearance certificate and of the removal of the signs in the vessel's logbook.

231. (1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the vessel.

(2) Every person who unloads or tops off the cargo shall use mechanical equipment that is controlled from outside the space in which the fumigation in transit took place.

(3) Every person who operates the mechanical equipment shall do so on an open deck of the vessel windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators.

(4) During the unloading or topping off of the cargo, no person shall enter the space from which it is being unloaded or topped off.

(5) Despite subsection (4), a person may enter the space to service the mechanical equipment if they are at all times accompanied by a competent person who continuously measures the concentration of the fumigant at or near the place where the servicing takes place.

(6) If the concentration of a fumigant in a space exceeds one half of the TLV for that fumigant set out in column 2 or 3 of an item of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that is capable of protecting them against any fumigant that is used for the fumigation.

232. This Subdivision applies in respect of a foreign vessel if it is carrying bulk cargo that has been fumigated in transit and enters a Canadian port for a purpose other than the unloading or topping off of any of that cargo.

233. The master of a vessel shall ensure that a fumigator-in-charge boards the vessel immediately after it is moored in a Canadian port.

(a) display near all gangways and entrances that lead to a space in which cargo has been fumigated a sign that meets the requirements of paragraph 210(1)(b);

(b) post a person to keep watch at each place where the vessel can be boarded; and

(c) conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which cargo has been fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo has been fumigated is sufficiently high during the testing to detect leakage.

235. (1) If the fumigator-in-charge determines that a fumigant is leaking into a space that is likely to be occupied by any person, the vessel shall not leave the port until

(a) the fumigator-in-charge has ascertained that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

(b) the fumigator-in-charge has issued a clearance certificate in respect of the space into which the fumigant was leaking.

(2) If, after conducting the initial 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 was fumigated.

236. (1) The person keeping watch shall not allow a person who is not a crew member and is not on the vessel's business to board it.

(2) The person keeping watch shall ensure that no person who is not a crew member and is on the vessel's business enters a space in respect of which a sign is displayed.

237. (1) If the vessel's master directs that any of the bulk cargo that was fumigated in transit be aerated, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall ensure that the aeration is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

(2) During the aeration, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

(3) If a test shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of an item of Schedule 2, the master shall

(i) wears self-contained breathing apparatus that is capable of protecting them against any fumigant that is used for the fumigation, or

(ii) evacuates it until the measurement of concentration does not exceed that TLV level and the space is safe for re-occupancy; or

(b) direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant until a fumigator-in-charge determines that the resumption of aeration will not cause the concentration to exceed the TLV in the space or ventilation system.

238. This Division applies in respect of cargo transport units of which the contents have been fumigated but not aerated before the units are loaded on board a vessel.

(a) a competent person has determined that the concentration of fumigant is reasonably uniform throughout the unit; and

(b) the vessel's master has been informed that the contents of the unit have been fumigated.

240. (1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at least 6 m from the crew accommodation, the passenger accommodation, if any, work areas and vessel ventilation intakes.

(2) Despite subsection (1), a cargo transport unit may be stowed below deck in a vessel that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed if the vessel carries not more than 25 passengers or one passenger for every 3 m of the vessel's overall length, whichever is greater.

241. If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the master has notified the nearest Department of Transport Marine Safety Office or the person responsible for administering the port of the vessel's arrival at least 24 hours before it enters the port.

"accommodation ladder" means a means of access to and egress from a vessel that includes platforms on different levels with ladders between the platforms and that

(a) is suspended by a supporting structure of chains or steel wire ropes from its lowest suspension point;

"cargo gear" includes lifting appliances and forklift trucks. (engins de manutention)

(a) a vehicle ramp or a crane, other than a mobile crane, installed on a vessel; or

(b) a derrick, a derrick crane or an elevator. (appareil de levage de catégorie 1)

"category 2 lifting appliance" means a container crane, a rail-mounted or wharf crane with a safe working load of 10 tonnes or more, a sheerlegs or a shore-based shiploader. (appareil de levage de catégorie 2)

"category 3 lifting appliance" means a rail-mounted or wharf crane with a safe working load of less than 10 tonnes or grain loading equipment. (appareil de levage de catégorie 3)

"category 4 lifting appliance" means a mobile crane or any shore-based machine, other than a forklift truck, that has load radius restrictions similar to those of a mobile crane. (appareil de levage de catégorie 4)

"category 5 lifting appliance" means a continuous loading or unloading system or appliance. (appareil de levage de catégorie 5)

"classification society" means the American Bureau of Shipping, Bureau Veritas (Canada), Det norske Veritas, Lloyd's Register of Shipping or Germanischer Lloyd. (société de classification)

"Convention 32" means the Convention Concerning the Protection Against Accidents of Workers Employed in Loading or Unloading Ships (Revised 1932), adopted by the International Labour Conference on April 27, 1932. (Convention 32)

"Convention 152" means the Convention Concerning Occupational Safety and Health in Dock Work, adopted by the International Labour Conference on June 25, 1979. (Convention 152)

"expert person" in respect of a specified function, means a person who has the knowledge, training and experience to perform it safely and properly. (expert)

"lifting appliance" means a category 1 lifting appliance, a category 2 lifting appliance, a category 3 lifting appliance, a category 4 lifting appliance or a category 5 lifting appliance. (appareil de levage)

"loose gear" means small cargo gear, such as rings, hooks, shackles, pulley blocks, links, swivels, chains, slings and wire pennants, that is not permanently attached to a lifting appliance or the vessel. It does not include wire banding or flat steel strapping that unitizes cargo. (engins mobiles)

"main accessory gear" means any cargo gear, other than loose gear or wire rope, designed to be used with a lifting appliance, and includes gear such as spreaders, container frames, probes, grabs, vacuum discs, friction clamps and heavy hooks. (engins accessoires principaux)

"material" includes cargo, equipment, fittings, fuel and ships' stores. (marchandises)

(a) the work of moving, transferring or handling material that is performed on board a vessel; or

(i) on board a vessel,

(ii) on a crib or structure that the vessel is alongside, or

(iii) on shore in Canada, in an area within the scope of any lifting appliance or other equipment that is employed in the loading or unloading of a vessel and in the immediate approaches to such an area, other than in a shed or warehouse or any part of a wharf forward or aft of the vessel's mooring lines. (manutention de marchandises)

"pulley block" includes a single- or multiple-sheave block and a gin, but does not include a crane block specially constructed for use with a crane to which it is permanently attached. (moufle)

"restricted vessel" means a vessel that is prevented from heeling by means such as fittings that secure the vessel to the sea floor. (bâtiment restreint)

"Safety and Health in Ports" means ILO Code of Practice ISBN 92-2-115287-1, Safety and Health in Ports, published by the International Labour Office. (Sécurité et santé dans les ports)

"Safety Code on Mobile Cranes" means CAN/CSA Standard Z150-98, Safety Code on Mobile Cranes, published by the Canadian Standards Association in English in November 1998 and in French in September 2000. (Code de sécurité sur les grues mobiles)

"safety factor" means the number of times that a load can be increased before failure occurs. (coefficient de sécurité)

"thorough examination" means a detailed visual examination of cargo gear or an accommodation ladder, supplemented if necessary by non-destructive testing, dismantling of components, measurement of corrosion, deformation and wear, evaluation of structural and moving parts under working conditions and other means, in order to arrive at a reliable conclusion as to the safety of the cargo gear or ladder. (examen approfondi)

"union purchase" means a pair of derricks rigged in a fixed position with the cargo runners coupled. (colis volant)

(i) a marine safety inspector,

(ii) a surveyor employed by a classification society, or

(iii) if the cargo gear is part of a vessel's equipment, a surveyor authorized by or under the laws of the state whose flag the vessel is entitled to fly to perform the testing and thorough examination;

(b) in respect of the testing and thorough examination of specific cargo gear, a person who has technical qualifications with respect to its testing or thorough examination and is employed by

(i) a testing laboratory, or

(ii) a person engaged in the manufacture or repair of the cargo gear; and

(i) holds a master certificate of competency, a chief mate certificate of competency or a first- or second-class engineer certificate of competency, or

(ii) has the experience necessary to carry out the thorough examinations.

(b) shore-based power-operated ramps and accommodation ladders used to access vessels.

(2) This Part does not apply in respect of vessels engaged in dredging or construction operations.

(3) Sections 302 to 359 do not apply in respect of lifting appliances that are operated on shore or on a restricted vessel in accordance with the regulations of the province in which the lifting appliance is being operated, the standards of the International Standards Organization or the standards of the Deutsches Institut für Normung e. V. (DIN) that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

302. (1) The authorized representive of a vessel shall ensure that the requirements of this Division are met in respect of cargo gear that is part of the vessel's equipment.

(2) Except as provided in subsection (3), the owner of cargo gear that is not part of a vessel's equipment shall ensure that the requirements of this Division are met in respect of the gear.

(3) In the case of unitized cargo and wire banding or flat steel strapping that unitizes cargo,

(a) before the cargo is loaded on a vessel in Canadian waters, the shipper shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping; and

(b) while the cargo is being carried on or unloaded from a vessel, the master of the vessel shall ensure that the requirements of sections 361 and 362 are met in respect of the banding or strapping.

(4) If a category 4 lifting appliance is used on board a Canadian vessel on a temporary or seasonal basis, the owner of the appliance and the authorized representative of the vessel shall ensure that the requirements of this Division are met in respect of the appliance.

(5) Sections 303 to 306 do not apply in respect of cargo gear on board a foreign vessel if a certificate was issued after the last time the cargo gear was tested or thoroughly examined in accordance with

(a) the laws of the state whose flag the vessel is entitled to fly, if that state is a party to Convention 32 or Convention 152; or

(b) the regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by those sections.

303. (1) Every lifting appliance shall be tested by a competent person in the manner set out in Schedule 4

(a) before the appliance is used for the first time or, in the case of a category 4 lifting appliance installed on a vessel that is not a restricted vessel, before the first time it is used on the vessel;

(b) after replacement, modification or repair of any stress-bearing part, unless the part is mechanically detachable and has been tested separately from the appliance and certified in accordance with section 312;

(c) at least once every five years, if the appliance is a category 1 lifting appliance or a category 3 lifting appliance; and

(d) at least once every four years, if the appliance is a category 4 lifting appliance.

(2) If a lifting appliance cannot be tested in the manner set out in Schedule 4 because of any design feature specific to the appliance, the testing shall be adapted to take that feature into account.

(3) A lifting appliance shall not be tested unless the competent person has been provided with an affidavit sworn by the manufacturer of the lifting appliance or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

(a) the means provided on all winches to stop and hold the load in position are effective;

(b) if electrical winches are fitted with electromagnetic brakes and with mechanical brakes for manual operation, the mechanical brakes are in operating condition;

(e) in the case of a mobile crane on a vessel that is not a restricted vessel, the slewing capacity of the crane when tested secured to the vessel is adequate to control the boom under the heel produced by the testing.

(5) Paragraph (1)(a) does not apply in respect of a category 5 lifting appliance that is installed on a Canadian vessel that is not a Safety Convention vessel and is operated on that vessel before this Part comes into force.

304. (1) A lifting appliance shall be thoroughly examined by a person referred to in paragraph 300(2)(a) or (b) before every test carried out in accordance with subsection 303(1) and by a competent person at least once every year after it is tested.

(2) A category 5 lifting appliance installed on a Canadian vessel that is not a Safety Convention vessel and operated on that vessel before this Part comes into force shall be thoroughly examined

(a) by a person referred to in paragraph 300(2)(a) or (b) within one year after the day on which this Part comes into force and at least once every five years after that examination; and

(b) by a competent person at least once every year after the last examination made in accordance with paragraph (a).

(a) certificates have been issued under section 312 for the loose gear used with the appliance;

(d) parts are not affected by corrosion to the extent that they cannot be opened up; and

305. (1) The loose gear or main accessory gear set out in an item of column 1 of Schedule 5 shall be tested by a competent person with a load equal to the load set out in column 2 of that item

(a) single-sheave pulley blocks with a becket shall be tested with the becket included in the reaving; and

(b) friction, electro-magnetic and vacuum connectors shall be tested for five minutes with the type of material that they are designed to lift.

(3) Main accessory gear shall not be tested unless the competent person has been provided with an affidavit sworn by the manufacturer of the gear or a professional engineer that attests to its safe working load and compliance with the requirements of section 317 in respect of safety factors at that safe working load.

(4) Gear passes the test if it is does not break and no defects or signs of permanent deformation are detected.

306. (1) Loose gear and main accessory gear shall be thoroughly examined by a competent person at least once every year.

(2) Gear passes the examination if no defects or signs of permanent deformation are detected.

307. Before being used, wire rope shall be tested by a competent person causing a sample section to be pulled to destruction.

308. (1) Wire rope shall be thoroughly examined by a competent person at least once every year after it is tested or, if the rope passes over a drum or sheave, at least once every six months after it is tested.

(d) the number of broken wires or needles in any length equal to 8 diameters does not exceed 10 per cent of the total number of wires in the length.

309. (1) Before being used, a metal fitting attached to a wire rope by swaging or socketing shall be tested by a competent person with a load equal to 200 per cent of the wire's safe working load.

(2) A metal fitting passes the test if it does not break and no defects or signs of permanent deformation are detected.

310. (1) No lifting appliance, loose gear or main accessory gear shall be used unless a certificate was issued after the last time it was tested or thoroughly examined in accordance with

(b) the laws of the state whose flag the vessel is entitled to fly, if that state is a party to Convention 32 or Convention 152; or

(c) regulations, rules or codes of a classification society that the Minister has determined would result in an equivalent or greater level of safety to that provided for by sections 303 to 306.

(2) No loose gear or wire rope shall be used unless an expert person inspected it within the preceding three months and determined that it is safe to use.

(3) No wire rope shall be used unless it passed its last thorough examination under section 308.

(4) No wire rope in which any wire is broken shall be used unless an expert person inspects it on the day of its intended use and determines that it is safe to use.

(5) No wire rope with a metal fitting attached to it by swaging or socketing shall be used unless the metal fitting passed the test under section 309.

(6) Friction, electro-magnetic and vacuum connectors shall not be used to lift any type of material not listed on the certificate issued under subsection 312(2) if anyone is within range of any material that could fall.

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 or main accessory gear shall enter the following in the register in a space adjacent to the listing for the appliance or main accessory gear and shall sign the register:

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

(e) in the case of the examination of a category 1 lifting appliance, a category 2 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance, measurements taken at intervals not exceeding five years of any corrosion, deformation or significant wear in structural or moving parts.

(4) 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:

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

(5) Despite subsections (3) and (4), in the case of a foreign vessel that is entitled to fly the flag of a foreign state that is a party to Convention 32 or Convention 152, the competent person may enter the information required by that state.

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

(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 address and, if they are an employee, the name of their employer; 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 a certificate that certifies it passed the test or examination and sets out

(i) its manufacturer or supplier, and

(ii) the date of the test and the number of similar pieces of gear tested on that date;

(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 address and, if they are an employee, the name of their employer; 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 a certificate that sets out

(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;

(f) their name and address and, if they are an employee, the name of their employer; and

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

(4) If derricks are tested when operated in union purchase, a competent person may sign a certificate that sets out

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

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

(f) their name and address and, if they are an employee, the name of their employer; and

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

(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 foreign state that is a party to Convention 32 or Convention 152, the certificate may set out the information required by that state.

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.

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 it 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.

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.

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

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 an item of column 1 of Schedule 6:

(i) the regulations of the province in which the lifting 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 on shore 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 per cent of the safety factor adopted in its manufacture.

(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.

319. In each case referred to in subsections 324(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.

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 lifting beams, lifting frames and clamps shall be determined by an expert person using design calculations.

321. (1) The safe working load of single-sheave pulley blocks is the maximum allowable rope pull.

(2) For single-sheave pulley blocks without a becket, the maximum allowable rope pull is equal to half of the safe working load for the head fitting.

(3) For single-sheave pulley blocks with a becket, the maximum allowable rope pull is equal to one third of the safe working load for the head fitting.

(4) 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.

322. (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 and the eye of the sling.

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

324. (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 signed 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 in union purchase.

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

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

327. 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 test certificates.

328. (1) When a lifting appliance is operated on a vessel that is not sheltered from the action of sea waves, its safe working load shall be considered to be reduced

(a) as provided for in a table provided by its manufacturer with respect to the safe working load to be adopted under those conditions; or

(b) if the manufacturer has not provided the table referred to in paragraph (a) and the vertical range of the hook resulting from the vessel's motion in the waves is within the range set out in column 1 of an item of the table to this paragraph, by the percentage set out in column 2 of that item.

(2) A copy of the table referred to in paragraph (1)(a) or (b), as the case may be, shall be posted at a location visible from the appliance's control position.

(3) Subsections (1) and (2) do not apply if the lifting appliance automatically compensates for the vessel's motion in waves.

329. (1) A rigging plan and any other information necessary to safely rig the lifting appliances installed on a vessel shall be kept on board the vessel.

(3) An additional rigging plan shall be kept on board the vessel if lifting appliances installed on the vessel are coupled in any combination to each other or to other lifting appliances. The additional rigging plan shall show the information set out in subsection (2) for the manner in which the appliances are coupled.

(4) The lifting appliances shall be rigged in accordance with the rigging plan and, if applicable, the additional rigging plan.

330. (1) If a derrick is marked with a safe working load for operation in union purchase under subsection 324(3), a stress diagram or position-setting data shall be provided to the operator of the derrick.

(2) If two derricks are operated in union purchase but are not marked under subsection 324(3),

(a) the derricks shall both be rigged in single purchase or both be rigged in double purchase;

(b) the load lifted shall not be in excess of one-half the safe working load of the derricks as rigged; and

331. If opposite sets of derricks are rigged for operation in union purchase so that both the inner and outer derricks are served by common runners with running pulley blocks on them and the blocks are shackled to the lifting hook, the safe working load is twice the safe working load with single purchase of the set of derricks with the smaller safe working load.

332. If a derrick's boom is tested at an angle exceeding 15° above the horizontal, the angle at which it was tested shall be marked on it and the boom shall not be operated at a lower angle.

333. (1) A derrick with a fixed boom shall, unless the special design of the derrick renders preventer guys unnecessary, be fitted with preventer guys that are

(2) A derrick's guys shall be secured only to eye pads or other fittings that are strong enough to take the working stresses.

334. No derrick shall be used unless measures have been taken to prevent the foot of the derrick from being accidentally lifted out of its socket or support.

Category 4 Lifting Appliances on Canadian Vessels Other than Restricted Vessels

335. Sections 336 to 342 apply in respect of category 4 lifting appliances on Canadian vessels that are not restricted vessels.

(a) its manufacturer has specified conditions for its operation on a vessel, such as

(i) the maximum heel that may occur in the direction of the boom,

(ii) the maximum side load, if any, to which it may be exposed, expressed in terms of the angle that the cable may make normal to the plane of the boom, and

(iii) the manner in which it is to be secured to the vessel to ensure the appliance's stability and safety;

(c) the authorized representative has the manufacturer's load radius chart for the safe working load of the appliance when operated on a vessel;

(d) the Department of Transport Marine Safety Office nearest to the vessel has been provided with

(i) a drawing that indicates the details of the installation, including how and where on the vessel the appliance is secured,

(ii) sufficient information to demonstrate that the points at which the appliance is secured and the supporting structure would be sufficiently strong to withstand the resulting loads on the structure if the appliance were used to lift the maximum load at the maximum radius at which it was tested as required by Schedule 4, and

(iii) sufficient stability data to demonstrate that the vessel constitutes a safe platform for the appliance when it is being used.

(a) its design and its installation on the vessel is approved by a classification society in accordance with its regulations, rules or codes;

(b) after it is tested under paragraph 303(1)(a), a certificate referred to in subsection 312(1) is signed by a surveyor employed by the classification society;

(c) it is operated in accordance with any conditions specified by the classification society in accordance with its regulations, rules or codes; and

(d) the classification society has provided the authorized representative with a load radius chart for the safe working load of the appliance when operated on a vessel.

337. (1) A load moment indicator system that meets the requirements set out in Schedule 7 shall be installed on a category 4 lifting appliance unless it

(a) handles bulk commodities or cargo by means of a magnet or a clamshell bucket; or

(b) is used to handle or hold hoses in connection with the transfer of bulk liquids or other products handled by hoses.

(2) A manufacturer's manual that contains the instructions for the operation and maintenance of the system shall be available to the operator of the appliance.

(3) A certificate or document that sets out the following and is issued by the installer of the system shall be attached to the register referred to in section 311:

(b) confirmation that the system is in good working order after installation and that the values indicated on the load radius chart for the appliance are correctly indicated by the system.

(4) The operator of the appliance and the officer in charge of material handling shall have successfully completed training in the safe operation of the load moment indicator system and shall each hold a certificate or document furnished by his or her employer or the company that installed the system attesting to the successful completion of the training.

338. (1) A category 4 lifting appliance shall not be used unless it is installed by securing it to the vessel with anti-tipping lashings at four points in a manner that does not jeopardize the watertight integrity of the vessel.

(2) On any open sea passage, a category 4 lifting appliance shall be lashed and chocked as well as secured to the vessel with anti-tipping lashings.

339. A category 4 lifting appliance shall not obstruct the visibility from the navigation bridge or otherwise impair the safe navigation of the vessel.

(i) a load that exceeds the maximum load with which it was tested as required by subsection 6(1) of Schedule 4, or

(ii) a load at a radius greater than the maximum radius at which it was tested as required by subsection 6(1) of Schedule 4;

(b) when a category 4 lifting appliance is used, the vessel does not heel more than 5° or any lower angle that is set out in the conditions specified by the manufacturer or the classification society, as the case may be; and

(c) if there are tanks containing liquids on the vessel, the effects of free surface in the tanks are taken into consideration when a category 4 lifting appliance is used and are minimized when it is used to lift loads that could cause the vessel to heel more than 2°.

341. A durable placard that sets out the following in clearly legible letters and figures shall be securely fixed to a category 4 lifting appliance's cab in a location easily visible to an operator seated at the control position:

(a) the load radius chart for the safe working load of the appliance when operated on a vessel;

(d) any conditions specified by the manufacturer or the classification society, as the case may be.

342. (1) Category 4 lifting appliances shall be inspected and maintained in accordance with the manufacturer's recommendations.

(2) The requirements of clauses 4.1 to 4.3, 4.5 and 4.6 of the Safety Code on Mobile Cranes shall be met in respect of mobile cranes.

(a) the reference to "owner" in clauses 4.2.1.1, 4.3.1 and 4.6.2.1 of the Safety Code on Mobile Cranes shall be read as a reference to "the authorized representative of the vessel on which the crane is installed"; and

(b) the wording of clause 4.2.1.2 of the Safety Code on Mobile Cranes shall be replaced by the following: "The log shall be kept on board the vessel on which the crane is installed."

343. Sections 344 to 347 apply in respect of category 4 lifting appliances on shore in Canada or on restricted vessels in Canadian waters.

344. (1) A load moment indicator system that meets the requirements set out in Schedule 7 shall be installed on a category 4 lifting appliance unless it

(a) handles bulk commodities or cargo by means of a magnet or a clamshell bucket;

(b) is used to handle or hold hoses in connection with the transfer of bulk liquids or other products handled by hoses;

(c) is used exclusively to handle material, if the total gross mass of a load never exceeds 5 tonnes and the gross mass of every package and of every article of unpackaged material is marked on the package or the article, as the case may be; or

(d) is a gantry-type crane that is being used within its capacity limits to handle containers known to be and identified as empty or loaded or to handle other loads by means of a lifting beam supplied by the crane's manufacturer to be used with the crane.

(2) A manufacturer's manual that contains the instructions for the operation and maintenance of the system shall be available to the operator of the appliance.

(3) A certificate or document that sets out the following and is issued by the installer of the system shall be attached to the register referred to in section 311:

(b) confirmation that the system is in good working order after installation and that the values indicated on the load radius chart are correctly indicated by the system.

(4) The operator of the appliance shall have successfully completed training in the safe operation of the load moment indicator system and shall hold a certificate or document furnished by his or her employer or the installer of the system attesting to the successful completion of the training.

345. The operator of a category 4 lifting appliance shall not use it to lift

(a) a load that exceeds the maximum load with which it was tested as required by subsection 6(2) of Schedule 4; or

(b) a load at a radius greater than the maximum radius at which it was tested as required by subsection 6(2) of Schedule 4.

346. A durable placard that sets out the following in clearly legible letters and figures shall be securely fixed to a category 4 lifting appliance's cab in a location easily visible to an operator seated at the control position:

347. (1) Category 4 lifting appliances shall be inspected and maintained in accordance with the manufacturer's recommendations.

(2) The requirements of clauses 4.1 to 4.3, 4.5 and 4.6 of the Safety Code on Mobile Cranes shall be met in respect of mobile cranes.

348. The electrical, gearing, hydraulic and pneumatic systems that are part of a lifting appliance shall

(i) if the lifting appliance is operated on board a foreign vessel, design standards approved by the Administration of the vessel's flag state,

(ii) if the lifting appliance is operated on shore or on a restricted vessel, those set out in

(A) the regulations of the province in which the lifting appliance is being operated,

(B) the standards of the International Standards Organization, or

(b) be suitably protected or constructed for the environment in which they are likely to be used.

(d) in the case of wire rope, it meets the requirements of sections 4.4.3.1 and 4.4.3.8 of Safety and Health in Ports; and

(e) in the case of wire rope that has a splice in it and is used in the raising or lowering of a load that could rotate, the splice prevents the lay of the wire from opening.

(2) Wire clips shall not be used to form a terminal joint in a wire rope unless the rope is used in standing gear and the clips are fitted in accordance with the manufacturer's recommendations.

(3) Wire rope shall not be used on a category 1 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance installed on a vessel if the rope is

(a) anti-rotation or torqueless left-handed laid wire rope of 4 × 29 construction with strands composed of one core wire, seven inner wires, seven filler wires and fourteen outer wires, if the core wire or the inner wires have a greater diameter than that of the outer wires; or

(4) Rope made of fibre interspersed with wire strand shall not be used on the main hoist of a lifting appliance.

350. (1) If a wire rope is used on a lifting appliance referred to in an item of column 1 of Schedule 8, the thread diameter of a sheave that is used with the rope shall be not less than

(a) the diameter set out in column 2 of that item if the rope is used as a running rope; or

(b) the diameter set out in column 3 of that item if the rope is used as a fixed span rope.

(2) If a sheave is used with a wire rope of special construction, the thread diameter of the sheave shall be not less than the greater of the thread diameter required by subsection (1) and the thread diameter recommended by the manufacturer of the rope.

351. (1) Pallets shall be of adequate strength for the use for which they are proposed and free from visible defects that would likely affect their safe use.

(2) Pallets that are used in conjunction with bar bridles shall have a lip of not less than 75 mm.

352. (1) The lifting capacity of a forklift truck that is specified by the manufacturer in terms of mass and distance from the mast

(2) The mass of the truck and of any counterweights, as well as their total mass, shall be marked on a forklift truck in a readily visible location.

354. Repairs that involve the heating, fairing or welding of structural stress-bearing parts of lifting appliances and repairs to loose gear shall be performed by an expert person.

355. (1) Chain and friction drives, cog wheels, electric conductors, gearing, motors, shafting, sheaves and steam pipes that are part of cargo gear shall be covered, shielded, fenced, enclosed or otherwise protected by covers or casings, barriers, guardrails, screens, mats or platforms to eliminate the possibility of dangerous contact by persons or objects.

(2) Subsection (1) does not apply in respect of parts that are, by their position or construction, as safe as if they were protected as required by that subsection.

356. (1) Cranes and winches shall be provided with means that minimize the risk of the accidental raising or lowering of a load.

(i) raise the load when moved back or towards the operator,

(ii) lower the load when moved forward or away from the operator, and

(iii) return to the neutral position when released by an operator;

(b) a lever that controls the link motion reversing gear of a crane or winch shall be provided with a spring or other locking arrangement; and

357. (1) If limit switches are provided on a lifting appliance, the appliance shall not be used unless the switches are in good working order.

(2) Limit switches shall not be left in the by-pass condition when the appliance is in operation.

358. (1) Lifting appliances shall have an emergency stop button at the operator's position.

(2) A lifting appliance's machinery shall have a means for promptly cutting off its power in the event of an emergency.

(b) an indicator specifying the overrun to be expected under normal working conditions.

(4) If wind speed is a limiting condition for the use of a lifting appliance, the appliance shall have an anemometer that

(b) has a read-out in the operator's cab or, in the case of a self-unloading vessel, on the bridge or in the control room of the vessel.

359. If workers are present, exhaust steam and, so far as is feasible, live steam from a crane or winch shall not obscure any part of the decks, gangways, stages or wharves.

360. (1) If a serious accident or incident occurs involving a lifting appliance that is part of a vessel's equipment, the vessel's master shall immediately report the accident or incident to the nearest Department of Transport Marine Safety Office by the quickest means available.

(2) If a serious accident or incident occurs involving a lifting appliance that is not part of a vessel's equipment, the appliance's owner shall immediately report the accident or incident to the Department of Transport Marine Safety Office nearest to the accident or incident by the quickest means available.

361. (1) Unitized cargo shall not be lifted by using the material that unitizes the cargo unless the material is wire banding or flat steel strapping.

(2) The mass of unitized cargo lifted by using wire banding or flat steel strapping that unitizes the cargo shall not exceed the mass determined by the formula A/B

(a) if the banding or strapping is for a single lift, the minimum safety factor shall be 3.5; and

(b) if the banding or strapping is for multiple lifts, the minimum safety factor shall be 4.

(a) the banding or strapping shall provide for a bridle angle of at least 40°; and

(5) In subsection (4), "bridle angle" means the maximum angle between the vertical at one of the top corners of the unitized cargo and the banding or strapping during lifting.

362. (1) This section applies in respect of wire banding or flat steel strapping that unitizes cargo when the unitized cargo is lifted using the banding or strapping.

(2) If the banding or strapping is for a single lift, it shall not be used to lift the unitized cargo more than once.

(4) The banding or strapping shall not be used to lift the unitized cargo for more than four minutes at a time or any longer period that is necessary to complete the lift.

(5) The banding or strapping shall be used to lift the unitized cargo only in accordance with the lifting method indicated on the certificate under paragraph (8)(i).

(6) The knot strength of wire banding shall be at least 90 per cent of the breaking strength of the wires.

(7) The banding or strapping shall be accompanied by a certificate that is signed by the person responsible for unitizing the cargo and that certifies the breaking strength and the safety factor of the banding or strapping and that

(a) in the case of banding, the strength of joints was tested at least once for every 1,000 tonnes of cargo unitized and at least three times for every consignment;

(b) in the case of strapping, the strength of joints was tested at least once for every 300 units; and

(c) in the case of multiple-use banding or strapping, the banding or strapping meets the requirements of section 30 of Unitized Cargo Standard, TP 11232, published by the Department of Transport, or equivalent requirements.

(a) whether the material used to unitize the cargo is wire banding or flat steel strapping;

(i) the lifting method that should be used, including the number and type of hooks or other lifting devices and the bridle angle, if any;

(i) the number of bands fitted on each unit and how many times each band is wrapped around a unit,

(ii) the diameter and breaking strength of the wires in the banding, and

(iii) the type of knot used to tie the banding and the breaking strength of the knot;

(i) the number of straps fitted on each unit,

(ii) the width, thickness and breaking strength of the straps, and

(iii) the type and number of seals and their location and breaking strength; and

(l) if the banding or strapping has been used to lift unitized cargo, the date of the lift and the name of the vessel and of the port, if any, involved.

363. (1) The owner of a shore-based power-operated ramp that is constructed one year or more after the coming into force of this section shall ensure that the requirements of CAN/CSA Standard S826.1-01, Ferry Boarding Facilities, other than Appendices A to D, that apply in respect of the ramp are met.

(2) The owner, as defined in CAN/CSA Standards S826.3-01 and S826.4-01, Ferry Boarding Facilities, of a shore-based power-operated ramp shall ensure that it is maintained and inspected in accordance with the requirements of those Standards.

364. (1) The authorized representative of a vessel shall ensure that every accommodation ladder fitted on the vessel and the vessel's support and suspension points for the ladder meet

(a) the requirements of ISO Standard 5488, Shipbuilding — Accommodation ladders or of a classification society; or

(b) if the ladder is part of pilot transfer equipment referred to in regulation 23 of Chapter V of SOLAS, the requirements of the annex to IMO Resolution A.889(21), Pilot Transfer Arrangements.

(2) Every accommodation ladder fitted on the vessel and the vessel's support and suspension points for the ladder shall be thoroughly examined by a competent person at least once every year.

(a) certificates have been issued under section 312 for the loose gear used with the ladder;

(d) parts are not affected by corrosion to the extent that they cannot be opened up; and

(4) The vessel's support and suspension points for the ladder pass the examination if no defects or signs of permanent deformation are detected.

(5) The competent person shall provide the authorized representative with a record of the examination, including measurements taken at intervals not exceeding five years of any corrosion, deformation or significant wear in structural or moving parts.

400. Subsection 2(2) of the Tackle Regulations (see footnote 1) is repealed.

408. The Dangerous Goods Shipping Regulations (see footnote 4) are repealed.

409. The Dangerous Bulk Materials Regulations (see footnote 5) are repealed.

410. The Ship Fumigation Regulations (see footnote 6) are repealed.

411. (1) These Regulations, except section 364, come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

(2) Section 364 comes into force one year after the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

SCHEDULE 4
(Subsections 303(1) and (2), subparagraph 336(1)(d)(ii),
paragraph 340(a) and section 345)

1. (1) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of 20 tonnes or less shall be tested with a load equal to 125 per cent of its SWL.

(2) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of more than 20 tonnes but not more than 50 tonnes shall be tested with a load equal to its SWL plus 5 tonnes.

(3) A category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance with an SWL of more than 50 tonnes shall be tested with a load equal to 110 per cent of its SWL.

(4) A category 5 lifting appliance shall be tested assembled with its accessory gear with a load equal to 110 per cent of the working load of the assembled appliance.

2. During the testing of a category 1 lifting appliance, category 2 lifting appliance or category 3 lifting appliance,

(a) the load shall be lifted with the lifting appliance at an angle that is not more than 15° from the horizontal or at the lowest feasible working angle; and

(b) the load shall be swung as far as possible in both directions after it has been lifted.

3. A lifting appliance, other than a mobile crane, with a jib that has a variable radius shall be tested with the load at the maximum and minimum radii of the jib.

4. A lifting appliance designed to articulate, telescope and elevate under full load conditions shall be tested with the load over its full operational range.

5. (1) Subject to subsection (2), the test shall be carried out using a dead load.

(2) A spring or hydraulic balance may be used for the test instead of a dead load if

(a) the appliance is not rigged for union purchase and is being tested after the renewal, modification or repair of a stress-bearing part;

(d) the indicator on the balance remains constant for at least five minutes during the test.

6. (1) A category 4 lifting appliance that is to be used on a vessel that is not a restricted vessel shall be tested

(i) at its maximum and minimum radii, and at one or more of its intermediate radii, with a load equal to its safe working load on a vessel at those radii, or

(ii) at its maximum and minimum projected radii while on board the vessel with a load less than or equal to its safe working load on a vessel at those radii; and

(b) on completion of installation on a vessel, over its full operational range on the vessel at not less than the maximum radius at which it was tested under paragraph (a) with not less than the load with which it was tested under that paragraph.

(2) A category 4 lifting appliance that is to be used on shore or on a restricted vessel shall be tested

(a) over its full operational range at its maximum radius at base boom length with not less than 100 per cent of the maximum weight permitted by the manufacturer's load rating chart at that radius; and

(i) at its maximum and minimum radii, and at one or more of its intermediate radii, with a load equal to its safe working load at those radii; or

(ii) at its maximum and minimum projected radii with a load less than or equal to its safe working load at those radii.

1. A load moment indicator system installed on a category 4 lifting appliance shall

(i) the lifting capacity of the appliance,

(ii) the total weight suspended,

(iii) the elevated angle of the boom, and

(iv) the radius of the boom;

(d) be clearly visible so that an operator seated at the control position can easily read the indications during both day and night conditions;

(i) warns the operator when 85 per cent of the safe working load has been reached, and

(ii) does not create an operational hazard; and

(g) have a visual and audible system in the interior of the cab and an exterior audible system that

(i) warns the operator when 98 per cent of the safe working load has been reached,

(ii) does not create an operational hazard, and

(iii) in the case of the audible signal, is identifiable by the operator from ambient and machinery noise.

2. A load moment indicator system that is installed on a category 4 lifting appliance on a Canadian vessel that is not a restricted vessel shall

(a) give a clear and precise indication of the angles of heel and trim and of the reduced lifting capacity for those angles;

(b) be clearly visible so that an operator seated at the control position can easily read the indication during both day and night conditions;

(c) have an automatic emergency braking system that prevents freefall of the load without jolting in the event of overload; and

(d) have a manual control to bypass the automatic emergency braking system that is accessible to an operator seated at the control position and is protected against accidental operation.