GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cargo, Fumigation and Tackle Regulations — 309
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% of the rope’s safe working load. (2) A fitting passes the test if it does not break and no defects or signs of permanent deformation are detected. (3) Despite subsections (1) and (2), fittings attached by swaging by the same machine to wire rope that is the same type and size and is less than 25 mm in diameter may be type tested if (a) at least 10% of the fittings are proof tested by a person referred to in paragraph 300 (2)(b) with a load equal to 200% of the rope’s safe working load and the fittings tested do not break and no defects or signs of permanent deformation are detected; (b) one fitting in every one thousand or fewer is pulled to destruction and the fitting does not break or fail at less than the breaking strength of the rope; (c) the person who performs the proof testing signs a certificate that certifies that the fitting passed the test and sets out (i) a description of the fittings and the rope, (ii) any identifying marks on the fittings, (iii) the name of the manufacturer of the fittings, (iv) the date of the test, the number of fittings tested and the total number of fittings being certified, (v) the load applied and the safe working load, (vi) their name and (A) if they are an employee, the name and address of their employer, or (B) if they are not an employee, their address, and (vii) their technical qualifications; (d) the fittings are marked to identify them to the test certificate; and (e) the certificate is kept on board the vessel or at the rope owner’s premises, as the case may be.
Cargo, Fumigation and Tackle Regulations — 310
310 (1) No lifting appliance, loose gear or main accessory gear shall be used unless a certificate was issued under subsection 312 (1) or (2) after the last time it was tested or thoroughly examined under (a) any of sections 303 to 306 ; (b) the laws of a state whose flag a foreign vessel is entitled to fly if the appliance or gear is being used on the vessel and the state is a party to 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 most recent 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 when the lifting is started. (7) No mechanical, electrical, gearing, hydraulic or pneumatic system or machine shall be used if it is not in good working order.
Cargo, Fumigation and Tackle Regulations — 311
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, loose gear or main accessory gear shall enter the following in the register in a space adjacent to the listing for the appliance or gear and shall sign the register: (a) the date of the test or examination; (b) the particulars and results of the test or examination; (c) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (d) the position, qualifications, certification or experience that qualifies them as a competent person. (4) A competent person who thoroughly examines a category 1 lifting appliance, a category 2 lifting appliance, a mobile crane on a vessel or a category 5 lifting appliance that has been in use for five years or more shall record measurements of any corrosion, deformation or significant wear in structural or moving parts under subsection (3) or in a certificate attached to the register under subsection 312 (7) if such measurements have not been so recorded within the previous five years. (5) 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: (a) the date of the examination; (b) the particulars and results of the examination; (c) their name and (i) if they are an employee, the name and address of their employer, or (ii) if they are not an employee, their address; and (d) the position, qualifications, certification or experience that qualifies them as a competent person. (6) Despite subsections (3) to (5), in the case of a foreign vessel that is entitled to fly the flag of a state that is a party to Convention 152, the competent person may enter the information required by that state.
Cargo, Fumigation and Tackle Regulations — 313
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.
Cargo, Fumigation and Tackle Regulations — 314
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 the register 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.
Cargo, Fumigation and Tackle Regulations — 315
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.
Cargo, Fumigation and Tackle Regulations — 316
316 The register and certificates shall be kept on board the vessel or at the cargo gear owner’s premises, as the case may be, for at least five years after the date of the most recent entry in the register.
Cargo, Fumigation and Tackle Regulations — 317
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 column 1 of Schedule 6: (a) column 2; (b) the regulations, rules or codes of a classification society; (c) if the article is a part of a lifting appliance that is operated onshore or on a restricted vessel, (i) the regulations of the province in which the 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 onshore 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% of the safety factor adopted in its manufacture.
Cargo, Fumigation and Tackle Regulations — 318
318 (1) No lifting appliance shall be loaded beyond its safe working load. (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. (3) 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.
Cargo, Fumigation and Tackle Regulations — 319
319 In each case referred to in subsections 323 (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.
Cargo, Fumigation and Tackle Regulations — 320
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 spreader beams, lifting frames and lifting clamps shall be determined by an expert person using design calculations.
Cargo, Fumigation and Tackle Regulations — 321
321 (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.
Cargo, Fumigation and Tackle Regulations — 322
322 The safe working load of a wire rope is one fifth of the breaking strength of the sample tested under section 307 .
Cargo, Fumigation and Tackle Regulations — 323
323 (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 issued 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 for operation in union purchase.
Cargo, Fumigation and Tackle Regulations — 324
324 Main accessory gear shall have its safe working load clearly marked on it.
Cargo, Fumigation and Tackle Regulations — 325
325 Every pulley block shall have its safe working load permanently engraved or stamped on it.
Cargo, Fumigation and Tackle Regulations — 326
326 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 certificates issued under subsection 312 (2).
Cargo, Fumigation and Tackle Regulations — 327
327 (1) When a lifting appliance is operated on a vessel that is not sheltered from the action of 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 and the visually determined vertical range between the hook and the load attachment point resulting from the vessel’s motion in the waves is within the range set out in column 1 of the table to this paragraph, by the percentage set out in column 2. TABLE Column 1 Column 2 Item Range (m) Reduction to SWL (%) 1 0.2 – 0.5 30 2 0.5 – 1.5 50 3 1.5 – 2.5 70 (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 that is visible from the appliance’s control position. (3) Subsections (1) and (2) do not apply if the appliance automatically compensates for the vessel’s motion in waves.
Cargo, Fumigation and Tackle Regulations — 328
328 (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. (2) The rigging plan shall show (a) the position of the pulley blocks and guys; (b) the resultant load on pulley blocks, guys, wire ropes and booms; (c) any identifying marks on main accessory gear or loose gear; and (d) the working range of the appliances. (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.
Cargo, Fumigation and Tackle Regulations — 329
329 (1) If a derrick is marked with a safe working load for operation in union purchase under subsection 323 (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 323 (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 (c) the angle formed by the cargo runners shall not exceed 120°.
Cargo, Fumigation and Tackle Regulations — 330
330 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.
Cargo, Fumigation and Tackle Regulations — 331
331 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.
Cargo, Fumigation and Tackle Regulations — 332
332 (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 (a) secured to the head of the boom and independent of other fittings; (b) made from wire or chains; and (c) strong enough to take working stresses without assistance from the derrick’s fibre guys. (2) A derrick’s guys shall be secured only to eye pads or other fittings that are sufficiently strong to withstand the working stresses.
Cargo, Fumigation and Tackle Regulations — 333
333 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.
Cargo, Fumigation and Tackle Regulations — 334
334 Sections 335 to 341 apply in respect of category 4 lifting appliances on Canadian vessels that are not restricted vessels.
Cargo, Fumigation and Tackle Regulations — 335
335 (1) A category 4 lifting appliance shall not be used unless (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; (b) it is operated in accordance with the specified conditions; (c) when the appliance is operated on a vessel, its authorized representative has the manufacturer’s load radius chart for the safe working load of the appliance; (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 under subsection 303 (1), and (iii) sufficient stability data to demonstrate that the vessel constitutes a safe platform for the appliance when it is being used. (2) Despite subsection (1), a category 4 lifting appliance may be used if (a) its design and its installation on the vessel are 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.
Cargo, Fumigation and Tackle Regulations — 336
336 (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 : (a) the model numbers and serial numbers of the appliance and the system; and (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 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.
Cargo, Fumigation and Tackle Regulations — 337
337 (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.
Cargo, Fumigation and Tackle Regulations — 338
338 A category 4 lifting appliance shall not obstruct the visibility from the navigation bridge or otherwise impair the safe navigation of the vessel.
Cargo, Fumigation and Tackle Regulations — 339
339 A vessel’s master shall ensure that (a) a category 4 lifting appliance is not used to lift (i) a load that exceeds the maximum load with which it was tested in accordance with subsection 6(1) of Schedule 4, or (ii) a load at a radius greater than the maximum radius at which it was tested in accordance with 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°.
Cargo, Fumigation and Tackle Regulations — 340
340 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; (b) the appliance’s model number and serial number; (c) the length of the appliance’s boom; and (d) any conditions specified by the manufacturer or the classification society, as the case may be.
Cargo, Fumigation and Tackle Regulations — 341
341 (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. (3) For the purposes of subsection (2), (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.”
Cargo, Fumigation and Tackle Regulations — 342
342 Sections 343 to 346 apply in respect of category 4 lifting appliances onshore or on restricted vessels in Canadian waters.
Cargo, Fumigation and Tackle Regulations — 343
343 (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 : (a) the model numbers and serial numbers of the appliance and the system; and (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 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.
Cargo, Fumigation and Tackle Regulations — 344
344 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 in accordance with subsection 6(2) of Schedule 4; or (b) a load at a radius greater than the maximum radius at which it was tested in accordance with subsection 6(2) of Schedule 4.