GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
gas-free , in respect of a space or a vessel, means that the presence of a fumigant cannot be detected in the space or the vessel by a fumigator-in-charge or another competent person using detection methods and equipment that are appropriate to the fumigant. ( exempt de gaz )
Cargo, Fumigation and Tackle Regulations — (a)
marine chemist means a qualified person who (a) is a graduate of a post-secondary educational institution and has (i) successfully completed courses in chemical engineering, (ii) successfully completed a general course with a major in chemistry, or (iii) 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 at least 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 )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
Seaway has the same meaning as in subsection 2(1) of the Canada Marine Act . ( voie maritime )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
space means an enclosed space on a vessel. ( espace )
Cargo, Fumigation and Tackle Regulations — Cargo, Fumigation and Tackle Regulations
TLV , in respect of a fumigant, means the highest allowable concentration of the fumigant in a space to which a person may be exposed under this Part. ( VLE )
Cargo, Fumigation and Tackle Regulations — 201
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 are prohibited in the vicinity of the unit; (c) any parking brakes that are fitted on the unit are securely set; and (d) no person other than the operator of the unit is permitted by the ferry’s master to approach within 1 m of the unit.
Cargo, Fumigation and Tackle Regulations — 202
202 This Division applies in respect of fumigation and aeration (a) on a Canadian vessel; and (b) on a foreign vessel that is in Canadian waters if (i) the fumigation begins in Canadian waters, or (ii) any cargo destined for a Canadian port is fumigated in transit.
Cargo, Fumigation and Tackle Regulations — 203
203 (1) No person shall use a fumigant other than one set out in column 1 of Schedule 1 to fumigate on 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 Schedule 2 in the space exceeds the TLV for the fumigant set out in column 2 or 3, the person shall immediately (a) warn every person whom they know to be in the space that it should be evacuated; and (b) notify the vessel’s master of the excessive concentration. (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 applicable TLV.
Cargo, Fumigation and Tackle Regulations — 204
204 (1) No person shall fumigate on a Canadian vessel that is not alongside. (2) No person shall fumigate a space on a foreign vessel that is not alongside unless the space contains bulk cargo.
Cargo, Fumigation and Tackle Regulations — 205
205 No person shall begin to fumigate the contents of a barge or cargo transport unit that is on board a vessel.
Cargo, Fumigation and Tackle Regulations — 206
206 (1) Before beginning to fumigate on 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 Department of Transport Marine Safety Office nearest to the vessel. (2) Before a vessel on which fumigation in transit has begun arrives at a Canadian port or the Seaway, the vessel’s master shall give notice to the Department of Transport Marine Safety Office nearest to the port or entry point to the Seaway that fumigation in transit on the vessel has begun. (3) If feasible, the notice shall be given (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. (4) The notice shall specify (a) in the case of a vessel referred to in subsection (1), the name of the port where the fumigation will be carried out 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 (c) in the case of a vessel referred to in subsection (1) or (2), the name of the fumigant and method of application involved and whether the fumigation (i) is or will be of the cargo, cargo spaces or accommodation spaces on board the vessel, (ii) will be completed before the vessel leaves the port or the Seaway, as the case may be, (iii) is or will be a fumigation in transit, and (iv) 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.
Cargo, Fumigation and Tackle Regulations — 207
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. (2) A fumigator-in-charge is not required to be present in respect of (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 it enters a Canadian port to unload cargo; or (c) a fumigation of a cargo transport unit on board a vessel that began before the unit was loaded onto the vessel.
Cargo, Fumigation and Tackle Regulations — 208
208 If persons on board a vessel are in serious and imminent danger as a result of a fumigation on the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.
Cargo, Fumigation and Tackle Regulations — 209
209 This Division applies in respect of the fumigation and aeration of cargo, a cargo space or an accommodation space on a vessel while it is alongside.
Cargo, Fumigation and Tackle Regulations — 211
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 from the space containing the cargo and into a space that is ordinarily occupied by crew members; and (b) the space in which the cargo is located (i) is not adjacent to a space that is ordinarily occupied by crew members, and (ii) is separated by at least 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 necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2. (3) If a test result 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 immediately disembark. (4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass (a) through the bulkhead; or (b) over the top, under the bottom or around either end of the bulkhead.
Cargo, Fumigation and Tackle Regulations — 212
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 result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 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 a test result shows that the concentration of the fumigant does not exceed the applicable TLV.
Cargo, Fumigation and Tackle Regulations — 213
213 (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel 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 vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance.
Cargo, Fumigation and Tackle Regulations — 214
214 No person shall begin fumigation in transit on a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port.
Cargo, Fumigation and Tackle Regulations — 215
215 This Subdivision applies in respect of fumigation in transit on a foreign vessel that begins when the vessel is moored or at anchor in a Canadian port.
Cargo, Fumigation and Tackle Regulations — 216
216 No person shall fumigate with methyl bromide.
Cargo, Fumigation and Tackle Regulations — 218
218 (1) The master of a vessel shall ensure that it is equipped with (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 that can detect the presence of a fumigant when the fumigant is used in its gaseous state; (c) the instructions provided by the manufacturer of the fumigant for the disposal of the fumigant; (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 of the vessel shall ensure that it is equipped with 10% more spare tubes than are needed to conduct the tests required by paragraph 220(3)(a) for the duration of the voyage.
Cargo, Fumigation and Tackle Regulations — 219
219 (1) Subject to subsection 220(1), the vessel shall not leave the port until (a) 24 hours after fumigation begins 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 crew members 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) ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and (b) issues 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), in the holds adjacent to the accommodation spaces.
Cargo, Fumigation and Tackle Regulations — 220
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 (a) for at least 24 hours; (b) until he or she determines that (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 is leaking 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 (c) for any additional period that he or she determines is necessary in the circumstances. (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. (3) The tests shall be conducted (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.
Cargo, Fumigation and Tackle Regulations — 221
221 The fumigator-in-charge shall not leave the vessel unless (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 was leaking from the space; (b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gas-free; (c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board; (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.
Cargo, Fumigation and Tackle Regulations — 222
222 This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if (a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or (b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.
Cargo, Fumigation and Tackle Regulations — 223
223 (1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master. (2) Every person in the space shall evacuate it. (3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.
Cargo, Fumigation and Tackle Regulations — 224
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 Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.
Cargo, Fumigation and Tackle Regulations — 225
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.
Cargo, Fumigation and Tackle Regulations — 226
226 (1) If the vessel is under way, 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 vessel’s 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 result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 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 its resumption will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.
Cargo, Fumigation and Tackle Regulations — 227
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.
Cargo, Fumigation and Tackle Regulations — 228
228 No vessel shall enter Canadian waters until a notice has been sent to the Department of Transport Marine Safety nearest to the port to which the vessel is destined that sets out (a) the name of the vessel; (b) the name of the port; (c) the expected date of the vessel’s arrival in the port; (d) the nature of the cargo; (e) the name of the fumigant that was used to fumigate the cargo; and (f) the date on which the fumigation in transit began.
Cargo, Fumigation and Tackle Regulations — 229
229 (1) No person shall enter a space that was fumigated unless a clearance certificate has been issued in respect of the space. (2) Subsection (1) does not apply to any person (a) who is wearing a self-contained breathing apparatus that can protect them against any fumigant that is used for the fumigation and who is experienced and knowledgeable in the use of the apparatus; and (b) who is wearing a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing such an apparatus.
Cargo, Fumigation and Tackle Regulations — 230
230 (1) When a clearance certificate has been issued in respect of a space, the vessel’s 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.
Cargo, Fumigation and Tackle Regulations — 231
231 (1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the space where the cargo is located. (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 was carried out. (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 set out in column 1 of Schedule 2 in a space exceeds one half of the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that can protect them against the fumigant.
Cargo, Fumigation and Tackle Regulations — 232
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.
Cargo, Fumigation and Tackle Regulations — 233
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.
Cargo, Fumigation and Tackle Regulations — 234
234 The fumigator-in-charge shall, as soon as feasible, (a) display near the gangways and near the 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 while it is moored; 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 the 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.