Short Title

1 These Regulations may be cited as the Dangerous Goods Shipping Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Canada Shipping Act; (Loi)

  carried in bulk

  carried in bulk, with reference to a substance, means that the substance has been loaded directly into a ship and is confined only by the permanent structures of that ship without intermediate packaging; (transporté en vrac)

  class

  class, with reference to dangerous goods, has the meaning assigned by the IMDG Code; (classe)

  compatibility group

  compatibility group with reference to dangerous goods, has the meaning assigned by the IMCO Code; (groupe de compatibilité)

  consumer commodity

  consumer commodity, in respect of transportation by ship, means dangerous goods that are transported solely within Canada and are packaged and distributed in a quantity and concentration intended or suitable for retail sale to consumers for the purposes of personal care or household use, and includes control products referred to in the Pest Control Products Act and drugs referred to in the Food and Drugs Act, but does not include

  • (a) a wet, acid-filled or alkali-filled electric storage battery,

  • (b) acid or alkali battery fluid,

  • (c) a nitrocellulose-based product other than a cosmetic,

  • (d) a pyrophoric liquid, solid, metal or alloy,

  • (e) engine starting fluid that contains a flammable gas,

  • (f) explosives other than safety explosives, or

  • (g) fire extinguishers; (bien de consommation)

  Dangerous Goods Declaration

  Dangerous Goods Declaration means the declaration referred to in subsection 8(2); (déclaration de marchandises dangereuses)

  Dangerous Goods Loading Certificate

  Dangerous Goods Loading Certificate[Repealed, SOR/94-554, s. 1]

  Dangerous Goods Shipping Statement

  Dangerous Goods Shipping Statement[Repealed, SOR/95-536, s. 3]

  division

  division, with reference to dangerous goods, has the meaning assigned by the IMDG Code; (division)

  escape

  escape, with reference to dangerous goods, includes discharge, emission or loss; (fuite)

  IMDG Code

  IMDG Code  means the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time; (Code IMDG)

  IMO Code

  IMO Code[Repealed, SOR/2001-293, s. 1]

  LC₅₀

  LC₅₀ means the concentration, in milligrams per litre of air, that, when administered by continuous inhalation for one hour to a test population of at least 10 young adult white rats that includes both sexes each weighing between 200 g and 300 g, causes death within 14 days to 50 per cent of that population; (LC₅₀)

  LD₅₀

  LD₅₀ means the quantity, in milligrams per kilogram of the body weight of each test animal, that,

  • (a) in the case of a substance with a dermal toxicity, when administered by continuous contact with the intact bare skin for 24 hours to a test population of at least 10 rabbits, causes death within 14 days to 50 per cent of that population, and

  • (b) in the case of a substance with an oral toxicity, when administered orally to a test population of at least 10 young adult white rats that includes both sexes each weighing between 200 g and 300 g, causes death within 14 days to 50 per cent of that population; (LD₅₀)

  marine pollutant

  marine pollutant means a substance in any concentration equal to or exceeding that specified for the substance as identified in the index to the IMDG Code by the superscript P or PP; (polluant marin)

  marine pollutant mark

  marine pollutant mark means a triangular-shaped label or placard that indicates that the content of a package, intermediate bulk container or mobile unit is a marine pollutant; (marque de polluant marin)

  mark

  mark, with reference to a package or mobile unit, includes attaching a placard or label to the package or mobile unit; (marque)

  mobile unit

  mobile unit means a freight container, road vehicle, trailer, portable tank or railway vehicle or a tank mounted on a chassis; (unité mobile)

  package

  package means a receptacle that has a net mass not exceeding 400 kg or a capacity not exceeding 450 L; (colis)

  Safe Packing Statement

  Safe Packing Statement means the statement referred to in subsection 8(6); (déclaration de sécurité de l’emballage)

  short run ferry

  short run ferry means a ship that regularly operates over the most direct water route between two points not more than 3 km apart and that is limited to the transport of unberthed passengers and of mobile units carried on an open vehicle deck; (bac)

  waste

  waste means any products, substances or organisms that are dangerous goods, that are no longer used for their original purpose and that are recyclable material or intended for treatment or disposal, including storage before treatment or disposal, but does not include products, substances or organisms that

  • (a) are household in origin,

  • (b) are returned directly to a manufacturer or supplier of the products, substances or organisms for reprocessing, repackaging or resale, including products, substances or organisms that are

    • (i) defective or otherwise not usable for their original purpose, or

    • (ii) in surplus quantities but still usable for their original purpose, or

  • (c) are included in Class 1 or 7. (déchet)

• (2) A reference in the Roll on — Roll off section of the IMDG Code to closed type unit means a mobile unit that totally encloses its contents by permanent structures.

• (3) In these Regulations, home-trade voyage, inland voyage and minor waters voyage, followed by a classification number, have the meanings assigned by sections 4 to 6 of the Home-Trade, Inland and Minor Waters Voyages Regulations.

• (4) For the purposes of these Regulations, every reference in the IMDG Code to should shall be read as shall.

Declaration of Dangerous Goods

• 3 (1) The goods, articles or materials classified as dangerous goods in the IMDG Code and that are to be carried on a ship are hereby declared to be dangerous goods.

• (2) Where a receptacle that is to be carried on a ship has contained dangerous goods and has not been purged of all residues of such goods, that receptacle is hereby declared to be dangerous goods.

• (3) A receptacle that has contained dangerous goods and whose placard or label is overmarked with the word “Empty” or “Vide” shall not for that reason alone be considered to have been purged of all residues of such goods.

Application

• 4 (1) These Regulations do not apply to dangerous goods that are carried in bulk.

• (2) Where dangerous goods are carried on an unmanned barge under tow, the requirements of these Regulations respecting documentation and personal protection equipment apply to the towing vessel and not to the barge.

• (3) Where dangerous goods are carried on barges that are joined together and towed as a single unit, those barges shall, for the purposes of these Regulations, be regarded as a single ship.

• (4) These Regulations do not apply to a mobile 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 mobile units or vehicles by a distance of at least 1 m;

  • (b) access to, smoking and the use of naked lights or spark producing equipment is prohibited in the vicinity of the unit; and

  • (c) parking brakes, where fitted on the unit, are securely set.

• (5) These Regulations do not apply to the following dangerous goods when they are carried by ship on a minor waters voyage, and inland voyage or a home-trade voyage, Class II, III and IV:

  • (a) a substance that has a flash point greater than 37.8°C and is classified as Class 3 without a subsidiary risk in the IMDG Code when in a container with a capacity of less than 454 L;

  • (b) a toxic substance that,

    • (i) in the case of one with an oral toxicity, has an LD₅₀ greater than 50,

    • (ii) in the case of one with a dermal toxicity, has an LD₅₀ greater than 200, and

    • (iii) in the case of one with an inhalation toxicity, has an LC₅₀ greater than 2; and

  • (c) any consumer commodity if

    • (i) the conditions of exemption from specification packaging, marking and labelling requirements of the Transportation of Dangerous Goods Regulations are complied with,

    • (ii) the outer packaging of the consumer commodity is marked to indicate the nature of any danger that may occur from the release of the contents, and

    • (iii) where the consumer commodity is in a mobile unit that contains more than 2,000 kg of any one class of consumer commodities,

      • (A) the unit displays the appropriate placard as shown in Schedule III marked with the word “Danger”,

      • (B) no other dangerous goods are stowed under or over the consumer commodity or in or over any part of the space within 1 m of the consumer commodity, and

      • (C) a declaration stating the total weight of the consumer commodity and describing the class thereof by the term “consumer commodity” or “bien de consommation” followed by the word or words describing the class is kept in the possession of the operator of the mobile unit or, where the unit is not accompanied by the operator, is attached to the unit in a conspicuous, accessible location and is delivered to the master of the ship before the consumer commodity is loaded on or in the ship.

• (6) Where wastes are to be carried by ship, the shipper shall provide the waste manifest to the marine carrier.

Packing, Stowing and Carrying

• 5 (1) Every person responsible for packing dangerous goods to be carried by ship on a minor waters voyage, an inland voyage or a home-trade voyage, Class II, III and IV shall ensure that

  • (a) any part of the packaging that may be in contact with the goods is made of material that remains chemically stable and does not react dangerously to the goods;

  • (b) the packaging is so constructed and closed that no leaking of the dangerous goods can occur during normal conditions of handling or transport or as a result of changes in temperature, humidity or air pressure except through vents fitted in accordance with paragraph (c); and

  • (c) the packaging is only fitted with vents where the goods may produce a gas or vapour that will subject the packaging to an internal pressure that may damage the packaging, if the danger of such damage is at least as great as the danger represented by any gas or vapour emitted through the vents.

• (2) Every person responsible for packing dangerous goods to be carried by ship on a voyage other than a minor waters voyage, an inland voyage or a home-trade voyage, Class II, III and IV shall ensure that they are packed in accordance with

  • (a) a method, if any, specified for such dangerous goods in the IMDG Code; or

  • (b) where there is no appropriate method specified in the IMDG Code, a method specified for such dangerous goods in the Transportation of Dangerous Goods Regulations.

• (3) Subject to sections 12, 15, 16 and 20, no person shall

  • (a) stow dangerous goods on a ship except by a method specified in the IMDG Code for such goods; or

  • (b) carry dangerous goods on a ship except

    • (i) in such quantities, if any, as are specified in the IMDG Code for such goods and ship, or

    • (ii) in such place or places within the ship as are specified in the IMDG Code for such goods.

Passenger Ships

6 For the purposes of any reference in the IMDG Code to passenger ships carrying dangerous goods,

• (a) a ship carrying explosives and

  • (i) not more than 12 passengers, or

  • (ii) not more than one passenger per 3 m of length,

  whichever is the lesser, and

• (b) a ship carrying dangerous goods other than explosives and

  • (i) not more than 25 passengers, or

  • (ii) not more than one passenger per 3 m of length,

  whichever is the greater,

shall not be regarded as a passenger ship.

Marking

• 7 (1) Subject to subsection (4), every package in which dangerous goods are placed for shipment shall have attached to it the appropriate label, as shown in Schedule II, and, where required, the marine pollutant mark, as shown in Part II of Schedule III, and shall be clearly marked with

  • (a) the correct technical name of the goods; and

  • (b) in the case of a flammable liquid that has a closed-cup flashpoint of 61°C or less, the flashpoint or flashpoint range.

• (2) Subject to subsections (4), (7) and (8), every mobile unit in which dangerous goods are placed for shipment shall have attached thereto the appropriate placard, as shown in Part I of Schedule III, and, where required, the marine pollutant mark, elevated temperature mark or fumigation warning sign, as shown in Part II of Schedule III.

• (3) Every label or placard attached to a package or mobile unit under subsection (1) or (2) may

  • (a) show words designating the classification of the dangerous goods on the lower half of the label or placard; and

  • (b) show the manufacturer’s name and number if it is printed on the border of the label or placard in type not larger than 10-point.

• (4) Every package or mobile unit in which dangerous goods classified in the IMDG Code as Division 1.4 Compatibility Group S shall be marked with the symbol “"1.4S” and no label or placard referred to in subsection (1) or (2) is required to be attached to it.

• (5) Each side of every label or marine pollutant mark that is attached to a package in accordance with subsection (1) shall be at least 100 mm in length, unless the package is too small to bear such a label, in which case the label shall be as large as possible.

• (6) Subject to subsections (7) and (8), every placard, marine pollutant mark or elevated temperature mark that is attached to a mobile unit in accordance with subsection (2) shall be prominently displayed and securely fixed to each side and end of the mobile unit, and each side of the placard or mark shall be at least 250 mm in length.

• (6.1) Subject to subsections (7) and (8), every fumigation warning sign that is attached to a mobile unit in accordance with subsection (2) shall be prominently displayed and securely fixed in a location where it is easily seen by persons attempting to enter the interior of the mobile unit, and it shall be a rectangle that is not less than 300 mm wide and 250 mm high.

• (7) A placard, mark or sign is not required to be attached to the front end of a road vehicle or a trailer for a road vehicle that is attached to a cab unless the vehicle or trailer is carrying dangerous goods classified in the IMDG Code as Class 1.

• (8) A placard or marine pollutant mark is not required to be attached to a mobile unit that

  • (a) is carried by ship from one place in Canada to another place in Canada,

  • (b) is loaded with less than 500 kg of dangerous goods, and

  • (c) is not loaded with explosives classified in the IMDG Code as division 1.1, 1.2, 1.3 or 1.5 or with poisonous or radioactive substances or organic peroxides

  and in respect of which a Dangerous Goods Declaration has, prior to loading, been delivered to the master or person in charge of the ship.

Documents for Steamship Inspector

• 8 (1) The master of every ship carrying dangerous goods on a voyage to a place outside Canada or a voyage beyond the limits of a home-trade voyage, Class III, an inland voyage, Class II or a minor waters voyage, shall have readily available on or near the bridge a list or stowage plan that

  • (a) identifies, by its class and technical name as set out in the IMDG Code, each kind of dangerous goods carried on the ship; and

  • (b) clearly identifies the location of each such dangerous goods on the ship.

• (2) Every consignor of dangerous goods to be carried by ship shall make and sign a Dangerous Goods Declaration containing the consignor’s and consignee’s name and address, the information specified in subsection 9.3 and paragraph 9.7.1 of the General Introduction to the IMDG Code and the certificate or declaration set out in subsection 9.4 of the General Introduction to the IMDG Code and ensure that it is delivered to the master of the ship or the person in charge of the road or railway vehicle that will be used to transport the goods before they are loaded on the ship.

• (2.1) A Dangerous Goods Declaration may be in the form set out in subsection 9.11 of the General Introduction to the IMDG Code.

• (3) Where any person in charge of a road or railway vehicle receives the dangerous goods referred to in subsection (2) and delivers the goods to

  • (a) a person in charge of a storage facility,

  • (b) another person in charge of a road or railway vehicle that will be used to transport the goods, or

  • (c) the master of the ship that will be used to transport the goods,

  that person shall deliver the Dangerous Goods Declaration referred to in that subsection to the person referred to in paragraph (a) or (b) or to the master of the ship, as the case may be.

• (4) Where any person in charge of a storage facility receives the dangerous goods referred to in subsection (2) and delivers the goods to

  • (a) a person in charge of a road or railway vehicle, or

  • (b) the master of the ship

  that will be used to transport the goods, that person shall deliver the Dangerous Goods Declaration referred to in that subsection to the person in charge of the road or railway vehicle or the master of the ship, as the case may be.

• (5) Where packages of dangerous goods are to be carried in a mobile unit, the person responsible for packing that unit shall ensure that

  • (a) the unit is, immediately before stowing,

    • (i) clean, dry and apparently fit to receive goods, and

    • (ii) free of irrelevant placards;

  • (b) no incompatible substances are stowed together;

  • (c) all packages are externally inspected for damage and only dry, sound packages are stowed;

  • (d) all packages are properly stowed in the unit and adequately secured by means of suitable securing materials to restrain against movement;

  • (e) the unit is properly placarded and marked;

  • (f) all packages are properly labelled and marked;

  • (g) a Dangerous Goods Declaration has been received for each dangerous goods consignment stowed in the unit;

  • (h) the unit is properly secured in the closed condition; and

  • (i) in the case of a temperature controlled unit, it has machinery and a power supply that are of a type unable to cause hazard to the goods and are in proper working order.

• (6) Where the person responsible for packing a mobile unit with dangerous goods to be carried by ship on a voyage other than a minor waters voyage, an inland voyage or a home-trade voyage, Class II, III and IV has complied with subsection (5), that person shall prepare and sign a Safe Packing Statement declaring that the requirements of that subsection have been complied with and shall cause the declaration to be incorporated into or attached to the Dangerous Goods Declaration.

• (7) Subject to subsection (8), the master of every ship carrying dangerous goods shall keep the Dangerous Goods Declaration made in respect of those dangerous goods delivered to him in his possession at all times while the goods are on the ship.

• (8) Where dangerous goods in a mobile unit are carried on a ship engaged in a voyage not exceeding a home-trade voyage, Class IV, an inland voyage, Class II or a minor waters voyage, the master may permit the person in charge of that unit to retain possession of the Dangerous Goods Declaration made in respect of those dangerous goods.

• (9) Where dangerous goods are carried on a barge that is unmanned and unattended, the documents referred to in this section shall be placed on the barge and kept in a metal tube or in some other manner that will permit the documents to be readily accessible for examination.

Notification of Steamship Inspectors

• 9 (1) Where more than

  • (a) 25 tonnes of explosives, Class I, other than those of Compatibility Group 1.4S, or

  • (b) 150 tonnes of ammonium nitrate,

  are intended to be carried on a ship, notice of such intention shall be given to the nearest Coast Guard Ship Safety Office at least 24 hours prior to loading.

• (2) Where any quantity of waste is to be transported by ship, the waste manifest required by subsection 4(6) shall be available for inspection by a steamship inspector.

• (3) Where dangerous goods are loaded on a passenger ship in Canada for transport to a place in Canada and the ship is certified under the Act to carry more than 100 passengers, the master of the ship shall make and keep a record of such goods for the period the goods are on the ship and at least one month thereafter and shall produce the record for inspection on the request of a steamship inspector.

• (4) Subsection (3) does not apply where, pursuant to subsection 19(1), a steamship inspector has been requested to make an inspection.

• (5) Subsection (3) does not apply in respect of dangerous goods loaded on a ship where those goods are exempt from the provisions of the IMDG Code by reason of their class and their quantity.

Powers of Steamship Inspector

• 10 (1) A steamship inspector may at any reasonable time enter any place or board any ship and examine any package or mobile unit found therein where he believes on reasonable and probable grounds the package or unit contains dangerous goods offered for transport on a ship and inspect any place on the ship in which dangerous goods are being or will be carried.

• (2) A steamship inspector may detain any ship loaded with dangerous goods if he has reasonable grounds to believe that, in respect of that ship, there has been a contravention of these Regulations.

• (3) The owner, master and every member of the crew of a ship shall give a steamship inspector all reasonable assistance to enable him to determine whether these Regulations are being complied with and shall supply him with such information in respect of the administration of these Regulations as he may reasonably require.

Report of Occurrence

11 Where a ship or person is at any time in serious and imminent danger by reason of an occurrence while dangerous goods are being loaded, unloaded or transported on a ship, the master of the ship or his agent shall immediately report the occurrence to the nearest Coast Guard, Ship Safety Office or steamship inspector by the quickest means available.

Precautions where Motor Vehicles or Motorboats Are Carried on a Ship

• 12 (1) Subject to subsection (3), where a passenger ship is engaged on a minor waters voyage, inland voyage or home-trade voyage, Class II, III and IV, the ship may carry

  • (a) a motor vehicle, other than a recreational type vehicle or trailer used for pleasure, that carries gasoline or other fuel in its fuel tank, if

    • (i) the vehicle is driven on and off the ship by its operator,

    • (ii) the fuel tank is not so full as to be likely to spill,

    • (iii) the ignition is switched off while the vehicle is being transported, and

    • (iv) it is carrying not more than 25 L of gasoline, or such other fuel as is used to propel the vehicle in a container designed for the carriage of the type of fuel used that is

      • (A) in good condition,

      • (B) adequately secured within the vehicle,

      • (C) equipped with a leak-proof closure, and

      • (D) where a gaseous fuel is carried, equipped with closure valves protected by valve caps;

  • (b) a recreational type vehicle or trailer used for pleasure if

    • (i) it is driven or towed on and off the ship by its operator,

    • (ii) it is equipped with not more than two cylinders of liquefied petroleum gas for domestic use, and

      • (A) each cylinder is efficiently secured to the vehicle, and

      • (B) the valves of each cylinder are securely closed at all times while the vehicle or trailer is on the ship,

    • (iii) where the vehicle is self propelled it meets the requirements of subparagraphs (a)(ii) and (iii), and

    • (iv) it is carrying not more than 25 L of gasoline, or such other fuel as is used to propel the vehicle in a container designed for the carriage of the type of fuel used that is

      • (A) in good condition,

      • (B) adequately secured within the vehicle,

      • (C) equipped with a leak-proof closure, and

      • (D) where a gaseous fuel is carried, equipped with closure valves protected by valve caps;

  • (c) a motorboat towed by or attached to a motor vehicle that is driven on and off the ship by its operator, if

    • (i) the motorboat has gasoline only in its fuel tank and in not more than two other tanks designed for the carriage of reserves of gasoline, and

    • (ii) each tank referred to in subparagraph (i) is secured in the motorboat, closed and in good condition and has a capacity not exceeding 25 L;

  • (d) a service repair vehicle that meets the requirements of paragraph (a), if

    • (i) not more than two such vehicles are carried at any time,

    • (ii) each vehicle carries not more than 25 kg of propane or one cylinder each of compressed oxygen and dissolved acetylene and, if a cylinder is carried, the cylinder is

      • (A) efficiently secured to the vehicle by permanently installed fittings, and

      • (B) in an upright position with its valves securely closed and protected by a screw-on metal cap,

    • (iii) each vehicle is stowed at either end of the vehicle deck and access to the place where it is stowed is restricted, and

    • (iv) where mechanical ventilation is provided, the mechanical ventilation is operating to the ship’s deck where the vehicle is stowed; and

  • (e) a motor vehicle that meets the requirements of paragraph (a) and carries not more than 210 L of liquid oxygen (UN 1073) for medical purposes in a cylinder that meets the safety standard set out in column III of item 45 of Schedule XIV, entitled Cylinder, Spheres and Tubes for the Transportation of Dangerous Goods of the Transportation of Dangerous Goods Regulations and has a working pressure not exceeding 172.37 Kpa, if

    • (i) the cylinder is secured to the vehicle in an upright position by permanently installed fittings,

    • (ii) not more than one such vehicle is carried by the ship at any time,

    • (iii) no other dangerous goods, combustible liquids or service repair vehicles are carried on the same vehicle deck,

    • (iv) the vehicle is stowed at one end of the vehicle deck and access to the place where it is stowed is restricted,

    • (v) where mechanical ventilation is provided for the vehicle deck, the ventilation is operating during the time the vehicle is stowed on the deck, and

    • (vi) before the vehicle is loaded aboard the ship, the master is notified of the presence of liquid oxygen on the vehicle and provided with written Emergency Response Instructions prepared by the shipper.

• (2) Subject to subsection (3), a motor vehicle or motorboat may be carried on a passenger ship engaged on a voyage other than a voyage described in subsection (1) or on a cargo ship under the following conditions:

  • (a) in the case of stowage of a vehicle or motorboat on deck,

    • (i) its fuel tanks are not so full as to be likely to spill, and

    • (ii) its ignition is switched off; and

  • (b) in the case of stowage of a vehicle or motorboat under deck,

    • (i) its fuel tanks are drained so that not more than 10 L of gasoline remain in the tanks,

    • (ii) its ignition is switched off, and

    • (iii) its battery terminals are disconnected and taped to prevent electrical shorting or the vehicle or motorboat is stowed in a compartment designated in the ship’s certificate as specially suited for the carriage of motor vehicles.

• (3) Where a motor vehicle is carrying dangerous goods classified as Class 1 in the IMDG Code and is to be stowed under deck or towed on and off a closed vehicle deck,

  • (a) its fuel tank shall be drained and its engine run until it stalls for want of fuel,

  • (b) its ignition shall be switched off, and

  • (c) its battery terminals shall be disconnected and taped to prevent electrical shorting

  prior to being loaded on a ship.

• (4) Prior to being loaded on a ship, every motor vehicle shall be inspected for leakage of fuel or dangerous substances and if it shows signs of such leakage it shall not be loaded on the ship.

• (5) Where practicable, every motor vehicle shall be so stowed on a ship as to permit inspection during transit.

General Precautions on Ships

• 13 (1) The master of a ship or, in the case of an unmanned barge, the person in charge of that barge, shall ensure that dangerous goods are safeguarded and handled carefully while they are being loaded on, carried by and discharged from the ship or barge.

• (2) Where dangerous goods are to be loaded on or unloaded from a ship, an officer of the ship or in the case of an unmanned barge, the person in charge of that barge shall be present while the dangerous goods are loaded or unloaded and while the holds of the ship or barge are open.

• (3) The master of a tug about to take charge of an unmanned barge carrying a cargo of dangerous goods shall, prior to the commencement of any voyage, ensure that the cargo, so far as it is accessible, is properly secured and segregated and that he has in his possession the necessary documentation required by these Regulations.

• (4) All persons who are

  • (a) engaged in the loading, unloading or stowing of dangerous goods, or

  • (b) on or in the vicinity of a ship loading, unloading, stowing or carrying such goods

  shall take the general precautions specified in the IMDG Code for loading, unloading and stowing such goods.

• (5) Where explosives are carried on a ship engaged in marine drilling and blasting operations, the precautions set out in Schedule VI shall be taken by the person in charge of the ship.

Precautions Respecting Mobile Units

• 14 (1) Where mobile units containing dangerous goods are stowed on a ship and because of the weather it is necessary for such units to be restrained against movement, adequate means, having regard to the kind of weather expected, shall be provided to restrain such units and any other mobile units stowed in their immediate vicinity, which means shall include any or any combination of the following:

  • (a) setting brakes;

  • (b) using wheel stops; and

  • (c) lashing down or using patent securing devices attached to the deck.

• (2) When securing wheeled mobile units referred to in subsection (1), due account shall be taken of

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

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

  • (c) in the case of rail vehicles, the attachment of the body to the running gear.

Fire Protection on Ships Carrying Explosives

• 15 (1) In this section, “A-60” standard means the standard specified in subsection 41(1) of the Hull Construction Regulations for an “A” Class division.

• (2) In addition to the requirements of the IMDG Code, ships carrying explosives or ammonium nitrate in a quantity that requires notice to be given under subsection 9(1) shall, except when the explosives or ammonium nitrate is carried in mobile units, be equipped with

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

  • (b) two sets of breathing apparatus, one of which is of the self-contained type.

• (3) Where the machinery spaces in a ship referred to in subsection (2) are not manned at all times the machinery is operating, the machinery spaces shall be equipped with a fire detection system that complies with the Fire Detection and Extinguishing Equipment Regulations or the Marine Machinery Regulations.

• (4) Notwithstanding paragraph (2)(b), where the total number of crew members on a ship is less than four, the ship is required to be equipped with only one breathing apparatus.

• (5) Where a ship of less than 500 tons gross tonnage, carrying dangerous goods referred to in subsection (2), other than in a mobile unit, is unable to properly separate those goods from heat sources as specified in the IMCO Code, the master of the ship shall, after notification to the Board, separate those goods by

  • (a) a watertight steel bulkhead insulated to the “A-60” standard;

  • (b) a watertight steel bulkhead and a temporary bulkhead, the latter being constructed to a standard not less than that for a bulkhead of a Type A magazine specified in the introduction of Class 1 — Explosives in the IMDG Code, sheathed with fire retardant material on the side closest to the machinery or accommodation space and positioned not more than 0.61 m from the steel bulkhead; or

  • (c) separating the dangerous goods from the machinery or accommodation spaces by a distance of not less than 3 m, such space being left empty or stowed with compatible non-dangerous cargo.

• (6) Where, by reason of its design, it is impossible for a ship referred to in subsection (2) to disconnect by positive means electrical circuits at a point external to the cargo spaces, as specified in the IMCO Code, the ship is exempted from that requirement but not from the requirement to remove fuses or to open switches or circuit breakers at the main panel.

Stowing Explosives Generally

• 16 (1) Where the IMDG Code provides for the stowage of explosives on board ship in magazines, those explosives shall be carried in magazines constructed to the standards specified in the introduction of Class 1 — Explosives in that Code.

• (2) Where it is not possible to properly segregate explosives of different compatibilities by the methods specified in the IMDG Code and the Board has been so informed, those explosives shall be stowed in accordance with the following methods:

  • (a) the explosives, except those having toxic or lachrymatory properties, shall

    • (i) be placed in a steel container that is in a new or like new condition, and

    • (ii) where the explosives are explosive substances set out in the IMDG Code, be placed in a steel container that is sheathed on all interior metal surfaces except the roof with wood or plywood that is 19 mm thick, and, where the container has wooden floors, is sheathed on the floors with masonite panels or equivalent material that is at least 6 mm thick;

  • (b) all joints in the interior sheathing shall be taped or sealed using waterproof materials to prevent leaking or sifting;

  • (c) except in the case of ships carrying explosives exclusively, an intervening space of not less than 6 m shall be maintained between containers of incompatible goods and between such containers and incompatible packages, such space being available for cargo that is compatible;

  • (d) where a means of detecting fire in the cargo compartments is not provided, a system of sniffing-pipes in the spaces containing or adjacent to those containing explosives shall be fitted and the air in those spaces shall be regularly monitored and the times and results of such monitoring shall be entered in the deck log book;

  • (e) each container of explosives shall be adequately secured against all movements of the ship likely to be encountered on the voyage; and

  • (f) containers of explosives carried on deck shall be so stowed that access to their doors is maintained at all times.

• (3) Where a ship that does not exceed 500 tons gross tonnage is carrying explosives exclusively and is equipped with fire detection devices in all cargo and machinery spaces, the explosives to be segregated may be stowed

  • (a) on either side of a temporary bulkhead, or

  • (b) in a magazine,

  that is constructed to a standard not less than that specified for a Type A magazine in the introduction of Class 1 — Explosives in the IMDG Code.

• (4) Where it is not possible to stow smoke and lachrymatory producing explosives on deck and where explosives produce toxic effects, they shall be stowed

  • (a) in a sealed space remote from living and working spaces;

  • (b) in a special items magazine in compliance with the introduction of Class 1 (Explosives) in the IMDG Code; or

  • (c) in a unit magazine in compliance with the introduction of Class 1 (Explosives) in the IMDG Code.

• (5) [Repealed, SOR/94-554, s. 7]

• (6) Subsections (1) to (4) shall not be applied so as to diminish the distance to be maintained between dangerous goods and the ship’s structure as specified in the IMDG Code.

• (7) [Repealed, SOR/94-554, s. 7]

• (8) All goods of Class 1 shall be stowed separated from the following cargoes:

  • (a) Ammonium salts, other than those included in the IMDG Code;

  • (b) Guano;

  • (c) Lime, slaked;

  • (d) Perborates;

  • (e) Percarbonates;

  • (f) Persulphates;

  • (g) Sulphides, other than those included in the IMDG Code; and

  • (h) Materials likely to give rise to hard gritty particles.

• (9) Goods in Compatability Group G, H, J, K or L shall be stowed separated from foodstuffs, and other goods of Class 1 that may give rise to toxic fumes or dust shall be stowed away from foodsuffs.

• (10) Goods of Class 1, except goods of Hazard Division 1.4, shall be stowed separated longtitudinally by an intervening complete compartment or hold from the following materials:

  • (a) Aluminium Dross;

  • (b) Charcoal;

  • (c) Coal;

  • (d) Petroleum Coke;

  • (e) Ferrophosphorus;

  • (f) Pitch Prill; and

  • (h) Silicomanganese

• (11) Goods in Hazard Division 1.4 shall be stowed separated from the materials set out in subsection (10) and, if stowed in a compartment adjacent to a compartment containing such materials, shall be stowed away from the adjoining bulkhead.

Military Explosives

• 17 (1) A service representative officer shall

  • (a) be present while military explosives are loaded on or discharged from a ship in a Canadian port and when any compartment or magazine containing military explosives on a ship is first opened; and

  • (b) advise the master of the ship on the safe stowage and segregation of any such explosives that are to be carried on the ship.

• (2) A service representative officer shall issue a certificate in the form set out in Schedule VIII in every case where military explosives are loaded on a ship.

• (3) Subsections (1) and (2) do not apply where military explosives are to be carried or have been carried between Canadian ports in closed mobile units.

• (4) In this section, service representative officer means a technical officer appointed under the authority of the National Defence Act.

Ammonium Nitrate

18 [Repealed, SOR/94-554, s. 8]

Inspection on Request of Interested Party

• 19 (1) A steamship inspector, shall, on the request of any interested person, make an inspection of the packing, stowing and marking of any dangerous goods sent on board a ship, including the construction of magazines, if any, which inspection shall be completed before the departure of the ship from the port of loading and, on completion of the inspection, shall issue a certificate attesting that such inspection has been made and that the dangerous goods are loaded in compliance with regulatory requirements.

• (2) Where a steamship inspector makes an inspection referred to in subsection (1), the person requesting the inspection shall pay

  • (a) for an inspection, and for travelling time related to the inspection, that is carried out during the hours set out in column I of an item of the table to this subsection, the greater of the fees set out in columns II and III of that item; and

  • (b) if the steamship inspector is required to proceed to a place more than 16 km from his office, the actual cost of all his reasonable travel, lodging and meal expenditures.

    	Column I	Column II	Column III
    Item	Hours of inspection and travelling time	Fee per hour or fraction of an hour	Minimum Fee
    1	Between 8:00 a.m. and 5:00 p.m., Monday to Friday, other than on a holiday	$45	$ 45
    2	Between 5:00 p.m. and 8:00 a.m., Monday to Friday, other than on a holiday	70	140
    3	Any hour on a Sunday	99	297
    4	Other hours	70	210

• (2.1) Where the inspection and travelling time occur during hours that are set out in column I of more than one item of the table to subsection (2), the fee payable is the aggregate of the fees determined in respect of each applicable item.

• (3) [Repealed, SOR/98-123, s. 6]

Equivalents

20 Dangerous goods shall be regarded as having been packed, marked and documented in accordance with these Regulations where they are

• (a) carried only between places in Canada; and

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

Prescribed Pollutants

21 Every marine pollutant is prescribed for the purposes of Part XV of the Act to be a pollutant.

Discharge of Marine Pollutants

• 22 (1) Subject to subsection 389(5) of the Act and despite subsection 4(5), no ship shall discharge a marine pollutant that is in packaged form, unless doing so is necessary for the purpose of securing the safety of the ship or saving life at sea.

• (2) No ship shall discharge any leakage of a marine pollutant unless it is done in accordance with any procedure set out in respect of that marine pollutant in the Emergency Procedures for Ships Carrying Dangerous Goods, published by the International Maritime Organization, as amended from time to time.

• (3) This section applies in respect of all ships in Canadian waters or in the exclusive economic zone of Canada and in respect of Canadian ships in all waters, but does not apply in respect of any warship, naval auxiliary ship or other ship that is owned or operated by a state and used only on government non-commercial service.