GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cargo, Fumigation and Tackle Regulations — 235
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 ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and (b) the fumigator-in-charge issues 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.
Cargo, Fumigation and Tackle Regulations — 236
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 the vessel. (2) The person keeping watch shall ensure that any person who is not a crew member but is on the vessel’s business does not enter a space in respect of which a sign required by paragraph 234(a) is displayed.
Cargo, Fumigation and Tackle Regulations — 237
237 (1) If the vessel’s master directs that any of the 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 measure 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 result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, the master shall (a) ensure that every person in the space (i) wears self-contained breathing apparatus that can protect them against the fumigant, or (ii) evacuates it until a test result shows that the concentration of the fumigant does not exceed the applicable TLV; 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 of the fumigant to exceed the applicable TLV in the space or ventilation system.
Cargo, Fumigation and Tackle Regulations — 238
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.
Cargo, Fumigation and Tackle Regulations — 239
239 No person shall load a cargo transport unit onto a vessel unless (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.
Cargo, Fumigation and Tackle Regulations — 240
240 (1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at a distance of 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 1 passenger for every 3 m of the vessel’s overall length, whichever is greater.
Cargo, Fumigation and Tackle Regulations — 241
241 If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the vessel’s master has notified the following of the vessel’s expected arrival at the port at least 24 hours before the vessel enters the port: (a) the Department of Transport Marine Safety Office nearest to the port; or (b) the harbour master at the port or, if there is no harbour master, the person responsible for the port.
Cargo, Fumigation and Tackle Regulations — 300
e 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 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. ( 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 ) SWL means safe working load. ( CMU ) thorough examination means, in respect of cargo gear or an accommodation ladder, a detailed visual examination 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 gear or ladder. ( examen approfondi ) union purchase means a pair of derricks rigged in a fixed position with the cargo runners coupled. ( colis volant ) worker means any person engaged in material handling. ( travailleur ) (2) For the purposes of this Part, a competent person is (a) in respect of the testing and thorough examination of cargo gear, (i) a marine safety inspector referred to in section 11 of the Act, (ii) a surveyor employed by a classification society, or (iii) if the 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 appropriate 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 gear; and (c) in respect of the thorough examination of cargo gear, a person who is employed by the owner of the gear and who (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 perform the thorough examinations. (3) Until two years after the day on which this section comes into force a reference in this Part to “Convention 152” shall be read as a reference to “Convention 152 or 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”.
Cargo, Fumigation and Tackle Regulations — (a)
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; (b) is hinged at its top; and (c) can be moved so that the lowest platform is accessible from shore. ( échelle de coupée )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
cargo gear includes lifting appliances and forklift trucks. ( engins de manutention )
Cargo, Fumigation and Tackle Regulations — (a)
category 1 lifting appliance means (a) 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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
category 4 lifting appliance means a mobile crane or any other mobile lifting-machine, other than a forklift truck, that has load radius restrictions similar to those of a mobile crane. ( appareil de levage de catégorie 4 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
category 5 lifting appliance means a vehicle ramp installed on a vessel or a continuous loading or unloading system or appliance. ( appareil de levage de catégorie 5 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
classification society means the American Bureau of Shipping, Bureau Veritas (Canada), Det norske Veritas, Lloyd’s Register of Shipping, Germanischer Lloyd or, in respect of a foreign vessel, any similar organization recognized by or under the laws of the state whose flag the vessel is entitled to fly. ( société de classification )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
expert person , in respect of a specified function, means a person who has the knowledge, training and experience to perform the function safely and properly. ( expert )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 rope, wire banding or flat steel strapping that unitizes cargo. ( engins mobiles )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
main accessory gear means any cargo gear that is designed to be used with a lifting appliance, such as spreaders, container frames, probes, grabs, vacuum discs, friction clamps and heavy hooks. It does not include loose gear, wire rope, wire banding or flat steel strapping that unitizes cargo. ( engins accessoires principaux )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
material includes cargo, equipment, fittings, fuel and ships’ stores. ( marchandises )
Cargo, Fumigation and Tackle Regulations — (a)
material handling means all or any part of the work of (a) moving or handling material that is performed on board a vessel; or (b) loading or unloading a vessel that is performed (i) on board a vessel, (ii) on a crib or structure that the vessel is alongside, or (iii) onshore 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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
pulley block includes a single- or multiple-sheave block, but does not include a crane block specially constructed for use with a crane to which it is permanently attached. ( moufle )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
Safety and Health in Ports means Safety and Health in Ports , published by the International Labour Office. ( Sécurité et santé dans les ports)
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
Safety Code on Mobile Cranes means CAN/CSA Standard Z150-98, Safety Code on Mobile Cranes , published by the Canadian Standards Association. ( Code de sécurité sur les grues mobiles )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
safety factor means the number of times that a load can be increased before failure occurs. ( coefficient de sécurité )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
thorough examination means, in respect of cargo gear or an accommodation ladder, a detailed visual examination 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 gear or ladder. ( examen approfondi )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
union purchase means a pair of derricks rigged in a fixed position with the cargo runners coupled. ( colis volant )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
worker means any person engaged in material handling. ( travailleur )
Cargo, Fumigation and Tackle Regulations — 301
301 (1) This Part applies in respect of (a) cargo gear used in material handling; and (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 onshore or on a restricted vessel in accordance with any regulations of the province in which the lifting appliance is being operated, standards of the International Standards Organization or 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. (4) Division 1 does not apply when the load handled does not exceed 455 kg.
Cargo, Fumigation and Tackle Regulations — 302
302 (1) The authorized representative 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 the gear was tested and examined in accordance with, and a certificate was signed after the last time the gear was tested or thoroughly examined under, (a) the laws of the state whose flag the vessel is entitled to fly if that state is a party to 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.
Cargo, Fumigation and Tackle Regulations — 303
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, category 2 lifting appliance, or 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 (a) a certificate in respect of the appliance that was issued under subsection 312 (1) after a previous test; (b) the design plans of the appliance’s manufacturer that set out the manufacturer’s ratings for the appliance, including its safe working load; or (c) an affidavit sworn by the appliance’s manufacturer 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) A lifting appliance passes the test if (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 good condition; (c) the emergency stopping devices fitted on winches are effective; (d) no defects or signs of permanent deformation are detected; and (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 section comes into force.
Cargo, Fumigation and Tackle Regulations — 304
304 (1) A lifting appliance shall be thoroughly examined (a) by a person referred to in paragraph 300 (2)(a) or (b) on completion of every test carried out under subsection 303 (1); and (b) 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 section 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 section 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 most recent examination made in accordance with paragraph (a). (3) A lifting appliance passes the examination if (a) certificates have been issued under section 312 for the loose gear used with the appliance; (b) the parts that align and swivel under load are free; (c) the mechanical, electrical, gearing, hydraulic and pneumatic systems are in good working order; (d) parts are not affected by corrosion to the extent that they cannot be opened; and (e) no defects or signs of permanent deformation are detected.
Cargo, Fumigation and Tackle Regulations — 305
305 (1) The loose gear or main accessory gear set out in column 1 of Schedule 5 shall be tested by a competent person with a load equal to the load set out in column 2 (a) before the gear is used for the first time; and (b) after the gear is modified or repaired and before it is used again. (2) For the purpose of subsection (1), (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 (a) a certificate in respect of the gear that was issued under subsection 312 (2) after a previous test; (b) the design plans of the gear’s manufacturer that set out the manufacturer’s ratings for the gear, including its safe working load; or (c) an affidavit sworn by the gear’s manufacturer 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.
Cargo, Fumigation and Tackle Regulations — 306
306 (1) Loose gear and main accessory gear shall be thoroughly examined (a) by a person referred to in paragraph 300 (2)(a) or (b) on completion of every test carried out in accordance with subsection 305 (1); and (b) by a competent person at least once every year after it is tested. (2) Gear passes the examination if no defects or signs of permanent deformation are detected.
Cargo, Fumigation and Tackle Regulations — 307
307 Before being used, wire rope shall be tested by a competent person causing a sample section to be pulled to destruction.
Cargo, Fumigation and Tackle Regulations — 308
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. (2) Wire rope passes the examination if (a) there is no sign of internal corrosion; (b) there is no sign of a tendency towards separation of the strands or wires; (c) there are no flats on individual wires; (d) the number of broken wires in any length equal to eight diameters does not exceed (i) 10% of the total number of wires in the length, or (ii) any lesser number of broken wires that is required by section 12 of Wear Standards for Cargo Gear , TP 9396, published by the Department of Transport; and (e) its diameter is not reduced by more than (i) 7% when elongation of the lay has occurred or a strand is becoming buried, or (ii) 10% when the lay is uniform.