GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cargo, Fumigation and Tackle Regulations — 125
125 (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. (2) The requirements referred to in subsection (1) are the following: (a) the longitudinal strength of the vessel is not impaired; (b) any restrictions on load conditions and regarding local stress set out in the vessel’s stability documents are met; (c) the forecast of the weather to be encountered on the voyage, provided by the appropriate national marine weather services, is checked and the vessel does not proceed when unusually adverse weather conditions are forecast; (d) as many holds as possible are filled; (e) upsetting moments are reduced to a minimum; (f) all partly filled holds are trimmed level in the athwartship direction; and (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 x B 3 ) / SF and the upsetting moment for unsecured holds with a centreline division is the value obtained by the formula (0.0044 × L × B 3 ) / SF where L is equal to the aggregate length of unsecured holds; B is equal to the moulded breadth of the vessel or the breadth of slack grain surface, whichever is lesser; and SF is the volume per unit weight of the grain.
Cargo, Fumigation and Tackle Regulations — 126
126 (1) The master of a Safety Convention vessel shall ensure that the vessel meets the requirements of 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 meets the requirements of 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 in respect of 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 meets the requirements of regulation 11.3 of Chapter XII of SOLAS.
Cargo, Fumigation and Tackle Regulations — 127
127 (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 × 64 mm or another material that is at least as strong, (ii) large enough to enclose a volume of at least 0.6 m 3 , 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; (b) each hold is fitted with (i) a permanent undamaged sounding pipe that (A) is fitted with a cap in good working order, (B) is grain-tight, (C) has an opening only at its upper and lower extremities, and (D) extends from above the main deck level to a level not more than 75 mm above the vessel’s bottom plating, or (ii) a temporary sounding pipe that (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) meets the requirements of clauses (i)(A) to (D); (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 can allow water outside the bilges to drain to the bilge suctions while preventing grain from entering the bilges.
Cargo, Fumigation and Tackle Regulations — 128
128 (1) No vessel in Canadian waters shall load grain except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec. (2) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if (a) the applicable requirements of sections 123 and 125 to 127 are met; (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 (e) the Minister has (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 are not required. (3) The Minister may, for the purpose of ensuring compliance with sections 123 and 125 to 127 , specify the following terms and conditions in a Certificate of Readiness to Load: (a) the type of grain that may be loaded; (b) the holds into which the grain may be loaded; (c) the stowage factor used in the stability calculation for the grain; and (d) the trimming and levelling required. (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 vessel’s master a written statement setting out those requirements.
Cargo, Fumigation and Tackle Regulations — 129
129 (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 to a vessel loaded with grain if (a) the applicable requirements of sections 123 and 125 to 127 are met; (b) if a Certificate of Readiness to Load was issued under subsection 128 (2), the vessel was loaded in accordance with the Certificate; and (c) the vessel is fit to proceed to sea.
Cargo, Fumigation and Tackle Regulations — 130
130 The following definitions apply in this Division. timber includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. ( bois ) Timber Code means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991 , published by the IMO. ( Recueil de bois en pontée )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
timber includes sawn wood or lumber, cants, logs, poles and pulpwood. It does not include wood pulp or similar cargo. ( bois )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
Timber Code means the Code of Safe Practice for Ships Carrying Timber Cargoes, 1991 , published by the IMO. ( Recueil de bois en pontée )
Cargo, Fumigation and Tackle Regulations — 131
131 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.
Cargo, Fumigation and Tackle Regulations — 132
132 (1) The master of a vessel 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 if the vessel (a) is 100 m or more in subdivision length and was constructed on or after February 1, 1992; or (b) is 80 m or more but less than 100 m in subdivision length and was constructed on or after July 1, 1998. (2) The master of a vessel that is less than 80 m in subdivision length shall ensure that the requirements of Appendix C to 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.
Cargo, Fumigation and Tackle Regulations — 133
133 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.
Cargo, Fumigation and Tackle Regulations — 134
134 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 (a) the maximum height of the cargo above the weather deck exceeds 2.44 m; or (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.
Cargo, Fumigation and Tackle Regulations — 135
son to destruction and has a breaking strength of at least 133 kN. (7) For the purpose of 4.5.1 of the Timber Code, any certificate issued in respect of a web lashing is invalid if when a visual examination under 4.5.3 of the Timber Code or section 138 is made it appears that (a) the length of an edge cut exceeds the lashing’s thickness; (b) the depth of an abrasion is more than 15% of the lashing’s thickness, taken as a proportion of all plies; (c) the total depth of abrasions on both sides of the lashing is more than 15% of the lashing’s thickness, taken as a proportion of all plies; (d) the depth of the warp thread damage is 50% or less of the lashing’s thickness and the damage (i) is within 25% of the width of the lashing from its edge, or (ii) is over an area that is more than 25% of the lashing’s width; (e) the depth of the warp thread damage is more than 50% of the lashing’s thickness and the damage (i) is within 25% of the width of the lashing from its edge, or (ii) is over an area that is more than 12.5% of the lashing’s width; (f) weft thread damage allows warp threads to separate over an area that is wider than 25% of the lashing’s width and longer than twice its width; (g) any part of the lashing is melted, charred or damaged by chemicals; (h) load-bearing stitches are broken or worn; or (i) the web-lashing is damaged in such a way that the total effect of the damage on the lashing is approximately the same as the effect of any of the types of damage referred to in paragraphs (a) to (h). (8) In this section, competent person means a professional engineer or a person with similar qualifications.
Cargo, Fumigation and Tackle Regulations — 136
136 (1) The English version of 5.1 of the Timber Code shall be read without reference to “and workers”. (2) Compliance with the requirements of 5.3 of the Timber Code is required only on the completion of loading and securing.
Cargo, Fumigation and Tackle Regulations — 137
137 Despite 2.8 of Appendix A to the Timber Code, athwartship packages may be laid in two adjacent tiers in the deck stow above the level of the hatches if they (a) are overstowed by at least two layers of packages in the fore and aft direction; (b) are separated from any other athwartship layers in the deck stow by at least one layer of packages in the fore and aft direction; and (c) are not wrapped in any material that would facilitate movement of the tiers.
Cargo, Fumigation and Tackle Regulations — 138
138 (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.
Cargo, Fumigation and Tackle Regulations — 139
139 (1) The master of a vessel shall ensure that (a) there are no wrapped bundles of lumber on the outside or next to the outside of the upper tier unless the wrapping has a non-skid surface; and (b) any wrapped bundles of lumber with uneven lengths are marked distinctively. (2) Unless a vessel’s Cargo Securing Manual sets out requirements with respect to the use of coverings, such as tarpaulins, on timber, if timber is covered the vessel’s master shall ensure that (a) the covering is secured to withstand the intended voyage; (b) if there is more than one tier of timber, bundles of timber on the top tier are tightly packed so as to provide as continuous a surface as possible for the covering to rest on; and (c) any gaps between bundles are filled in or marked.
Cargo, Fumigation and Tackle Regulations — 140
140 (1) This section applies in respect of vessels in Canadian waters that load timber for export to a place that is not within the limits of an inland voyage. (2) No vessel in Canadian waters shall load timber except in accordance with a Certificate of Readiness to Load issued to the vessel by the Minister or, in the case of a vessel in the Port of Quebec, by the Port Warden of the Harbor of Quebec. (3) On application, the Minister shall issue a Certificate of Readiness to Load to a vessel if (a) the applicable requirements of sections 132 to 139 are met; (b) the Timber Code is on board the vessel; and (c) the vessel is in fit condition to carry timber on the uncovered part of the freeboard or superstructure deck on which the timber is to be loaded. (4) The Minister may, for the purpose of ensuring compliance with sections 132 to 139 , specify the following terms and conditions in a Certificate of Readiness to Load: (a) the type of timber that may be loaded; (b) the freeboard or superstructure deck on which the timber may be loaded; (c) the manner in which the timber is to be distributed; (d) the ballast that is to be used; and (e) the uprights that are required. (5) If the Minister inspects a vessel for the purpose of establishing whether the requirements for the issuance of a Certificate of Readiness to Load have been met and establishes that some requirements have not been met, he or she shall give the vessel’s master a written statement setting out those requirements.
Cargo, Fumigation and Tackle Regulations — 141
141 (1) No vessel that is carrying timber for export to a place that is not within the limits of an inland voyage shall depart from a Canadian port unless it holds a Fitness to Proceed Certificate issued under subsection (2). (2) On application, the Minister shall issue a Fitness to Proceed Certificate to a vessel loaded with timber if (a) the applicable requirements of sections 132 to 139 are met; (b) if a Certificate of Readiness to Load was issued under subsection 140 (3), the vessel was loaded in accordance with the Certificate; and (c) the vessel is fit to proceed to sea.
Cargo, Fumigation and Tackle Regulations — 142
142 The following definitions apply in this Division. 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 ) military explosives means explosives that are under the control of (a) the Minister of National Defence; (b) the military establishment of a member country of the North Atlantic Treaty Organization; or (c) the military establishment of another country under an agreement with the Department of National Defence. ( explosifs militaires ) net explosives quantity means the net mass of explosives but does not include the mass of the means of containment. ( quantité nette d’explosifs ) passenger vessel means a vessel that is carrying at least (a) the greater of 25 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying dangerous goods other than explosives; and (b) the lesser of 13 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. ( bâtiment à passagers )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
compatible , in respect of goods, means able to be stowed together without creating undue hazards in case of leakage, spillage or other accidents. ( compatible )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — (a)
military explosives means explosives that are under the control of (a) the Minister of National Defence; (b) the military establishment of a member country of the North Atlantic Treaty Organization; or (c) the military establishment of another country under an agreement with the Department of National Defence. ( explosifs militaires )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
net explosives quantity means the net mass of explosives but does not include the mass of the means of containment. ( quantité nette d’explosifs )
Cargo, Fumigation and Tackle Regulations — (a)
passenger vessel means a vessel that is carrying at least (a) the greater of 25 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying dangerous goods other than explosives; and (b) the lesser of 13 passengers and 1 passenger for each 3 m of overall length of the vessel, if the vessel is carrying explosives. ( bâtiment à passagers )
Cargo, Fumigation and Tackle Regulations — 143
143 (1) This Division does not apply in respect of a cargo transport unit carried on a short-run ferry if (a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m; (b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit, and approaching the unit is prohibited; and (c) any parking brakes that are fitted on the unit are securely set. (2) This Division does not apply in respect of dangerous goods carried in bulk or ships’ stores and equipment.
Cargo, Fumigation and Tackle Regulations — 144
144 (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.
Cargo, Fumigation and Tackle Regulations — 145
145 (1) Every person who packs dangerous goods in a cargo transport unit shall pack and secure them in a manner that meets the standards set out in chapters 1 to 6 of the IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units , published by the IMO, or other standards that the Minister determines provide a level of safety that is equivalent to or higher than that of those standards. (2) Every person who packs dangerous goods in a cargo transport unit shall ensure that (a) the unit is, immediately before stowing, (i) clean, dry and apparently fit to receive the goods, and (ii) free of irrelevant placards; (b) packages that need to be segregated in accordance with the IMDG Code are so segregated, except as provided in subsection 146 (4); (c) all packages are externally inspected for damage and only dry, sound packages are packed; (d) all drums are stowed in an upright position; (e) all packages are properly stowed in the unit and adequately secured to restrain against movement; (f) goods loaded in bulk are evenly distributed within the unit; (g) if any of the goods are of Class 1 except for division 1.4, the unit is structurally serviceable as provided for in section 7.4.6 of the IMDG Code; (h) a Dangerous Goods Declaration has been received for each dangerous goods consignment stowed in the unit; (i) the unit’s doors or similar openings are closed and properly secured by a latch or other means; (j) if the unit is temperature controlled, it has machinery and a power supply that are of a type unable to create a hazard for the goods and are in good working order; and (k) if solid carbon dioxide is used for cooling purposes, the unit is externally marked or labelled in a conspicuous place with the words “DANGEROUS CO 2 (DRY ICE) INSIDE, VENTILATE THOROUGHLY BEFORE ENTERING” or “ DANGER, CONTIENT DU CO 2 (NEIGE CARBONIQUE), AÉRER COMPLÈTEMENT AVANT D’ENTRER ”.
Cargo, Fumigation and Tackle Regulations — 146
146 (1) Subject to sections 148 and 151 , subsections 154 (3), 157 (3) and (4) and section 158 , the master of a vessel shall ensure that the requirements of the following are met: (a) the IMDG Code in respect of carrying packaged goods on the vessel; (b) regulations 4.4, 4.5, 5 and 6.1 of Chapter VII of SOLAS; and (c) chapters 2 to 11 of the INF Code, if the vessel carries INF Cargo. (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 (a) is carried by vessel between two places in Canada; and (b) is loaded with less than 500 kg of packaged goods. (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 (a) are carried on (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.