Short Title

1 These Regulations may be cited as the Ship Fumigation Regulations.

Interpretation

2 In these Regulations,

aerate

aerate means to reduce or attempt to reduce the concentration of a fumigant in a space or a mobile unit; (aérer)

bulk cargo

bulk cargo means unpackaged solid cargo that has been loaded in a ship; (cargaison en vrac)

clearance certificate

clearance certificate means a certificate issued by a competent person or marine chemist that certifies that a ship or a space in the ship is gas-free; (certificat de dégazage)

competent person

competent person means a person who has the appropriate knowledge and experience to safely and adequately perform the duties required of the fumigator-in-charge under these Regulations, including at least 150 hours of experience, under qualified supervision, in the use and operation of equipment that detects the presence of gas in the atmosphere; (personne compétente)

flag administration

flag administration means,

• (a) in respect of a ship registered in Canada, the Board, and

• (b) in respect of a ship registered in any other country, the person, organization, department or body that performs functions substantially similar to those performed by the Board; (administration nationale)

fumigant

fumigant means a pesticide that is used in a gaseous state to fumigate; (fumigant)

fumigate

fumigate means to disinfect or purify by exposure to a fumigant; (fumiger)

fumigation in transit

fumigation in transit means the fumigation of a space, bulk cargo, or a space containing bulk cargo, aboard a ship where

• (a) the ship is on passage between two Canadian harbours or between a Canadian harbour and an overseas harbour, or

• (b) the ship is alongside in a Canadian harbour, if it is the intention of the master of the ship to continue the fumigation after the ship leaves the harbour; (fumigation en cours de route)

fumigator-in-charge

fumigator-in-charge means a competent person responsible for the conduct and carrying out of a fumigation; (spécialiste)

gas-free

gas-free, in respect of a space, means a space in which the presence of a fumigant cannot be detected by a fumigator-in-charge or other competent person using appropriate detection methods and equipment; (exempt de gaz)

gas-tight

gas-tight, in relation to a bulkhead, means that no fumigant can pass in any direction

• (a) through the bulkhead, or

• (b) over the top, under the bottom or around either end of the bulkhead; (étanche aux gaz)

marine chemist

marine chemist means a person

• (a) who has

  • (i) graduated from an educational institution approved by the Board and has completed courses in chemical engineering or a general course with a major in chemistry, or

  • (ii) obtained a fellowship in the Chemical Institute of Canada, and

• (b) who has had at least three years experience in chemical or engineering work, including at least 150 hours of experience, under qualified supervision, in the use and operation of equipment that detects the presence of gas in the atmosphere; (chimiste de la marine)

mobile unit

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

overseas harbour

overseas harbour means a harbour that is not a Canadian harbour; (havre étranger)

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; (traversier)

space

space means a confined area of a ship and includes a hold; (espace)

threshold limit value

threshold limit value or TLV means the highest allowable concentration of a fumigant in a space to which a person may be exposed in accordance with these Regulations. (valeur limite d’exposition ou VLE)

Application

• 3 (1) Subject to subsection (2), these Regulations apply in respect of fumigation and aeration

  • (a) in a Canadian ship;

  • (b) in a ship other than a Canadian ship where the ship is in Canadian waters and

    • (i) the fumigation is commenced in Canadian waters, or

    • (ii) any cargo destined for a Canadian harbour is fumigated in transit; and

  • (c) of every mobile unit while it is stowed on a Canadian ship or on a ship in a Canadian harbour.

• (2) These Regulations do not apply to

  • (a) a mobile unit carried on a short run ferry if no person other than the operator of the mobile unit is permitted by the master of the ferry to approach within one metre of the mobile unit; and

  • (b) a warship, pleasure yacht or fishing vessel.

Use of Fumigants

• 4 (1) For the purposes of these Regulations, no fumigant other than a fumigant set out in Column I of an item of Schedule I shall be used to fumigate in a ship.

• (2) Where at any time, other than during a fumigation, a person has reasonable grounds to believe that the concentration of a fumigant set out in Column I of an item of Schedule II in a space exceeds the TLV for that fumigant set out in Column II or III of that item, the person shall immediately

  • (a) advise every other person known to be in the space to evacuate; and

  • (b) notify the master of the ship of the excessive concentration.

• (3) Where the master has been notified under subsection (2), the master shall inform all persons on board the ship of the excessive concentration and thereafter

  • (a) all persons in the space shall evacuate;

  • (b) no person shall enter the space unless that person wears the self-contained breathing apparatus referred to in paragraph 8(4)(e); and

  • (c) the master or the fumigator-in-charge shall direct the appropriate members of the crew or persons assisting the fumigator-in-charge to aerate the space.

• (4) Subsection (3) ceases to apply when the concentration of the fumigant referred to in Column I of an item of Schedule II does not exceed the applicable TLV set out in Column II or III of that item.

Notification and Conduct of Umigation

• 5 (1) Prior to the commencement of fumigation in a ship in a Canadian harbour, the fumigator-in-charge, a competent person or the master of the ship shall give notice of the intention to fumigate to the nearest Canadian Coast Guard Ship Safety Office.

• (2) Prior to the arrival at a Canadian harbour of a ship in respect of which fumigation in transit of cargo was commenced before the ship reached the harbour, the master of the ship shall give notice of the intention to dock the ship in the harbour to the nearest Canadian Coast Guard Ship Safety Office.

• (3) Where practicable, each of the notices referred to in subsections (1) and (2) shall be given at least 24 hours before the commencement of the fumigation or the docking.

• (4) The notices referred to in subsections (1) and (2) shall specify

  • (a) in the case of a ship referred to in subsection (1), the name of the harbour and the number of the berth within the harbour where the fumigation will take place; and

  • (b) in the case of a ship referred to in subsection (1) or (2), the name of the harbour at which the ship is or will be docked, the types of fumigant involved and whether the fumigation

    • (i) is or was of the cargo, cargo spaces or accommodation spaces on board the ship,

    • (ii) will be completed before the ship leaves the harbour at which the fumigation is being conducted,

    • (iii) is a fumigation in transit, and

    • (iv) is or has been of cargo on board a ship that will be unloaded at a Canadian harbour.

• (5) Where the fumigant used in a fumigation referred to in subsection (1) is, or during the fumigation is likely to become, a flammable gas, the master shall, prior to the commencement of fumigation,

  • (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.

Fumigator-In-Charge

• 6 (1) Subject to subsection (2), every fumigation and aeration shall be carried out under the direction of a fumigator-in-charge who shall be appointed or accepted as fumigator-in-charge by the master of the ship.

• (2) A fumigator-in-charge is not required in respect of

  • (a) a fumigation in transit that was commenced in a Canadian harbour if the tests set out in section 16 are conducted;

  • (b) a fumigation in transit that was commenced outside Canadian waters during the period beginning when the ship enters Canadian waters and ending when the ship enters a Canadian harbour to unload cargo; and

  • (c) a fumigation of a mobile unit on board a ship that was commenced before the mobile unit was loaded on board the ship.

Report of Danger

7 Where the persons on board a ship are in imminent danger as a result of the fumigation of the ship, the master of the ship or the agent of the master shall immediately report the danger and the circumstances that gave rise to the danger to the nearest Canadian Coast Guard Ship Safety Office or steamship inspector by the fastest means available.

PART I UMIGATION OF CARGO, CARGO SPACES AND CCOMMODATION SPACES WHILE THE VESSELIs Alongside

• 8 (1) Subject to section 11, sections 8 to 10 apply to the fumigation and aeration of cargo, a cargo space or accommodation space in a ship while the ship is alongside.

• (2) The fumigator-in-charge shall not commence or permit the commencement of fumigation unless

  • (a) the ship’s crew and all other persons who are on board the ship and who are not engaged in the fumigation or in the care of the ship have disembarked; and

  • (b) the fumigator-in-charge has on display near all gangways and entrances that lead to a space that is to be fumigated a sign that

    • (i) corresponds to the sign set out in Schedule III and contains the name of the fumigant, the date and hour when the fumigation commenced and the signature of the fumigator-in-charge or master of the ship, and

    • (ii) is rectangular in shape, not less than 250 mm wide and not less than 200 mm high with the word “DANGER” in letters not less than 25 mm high.

• (3) Subject to subsection 9(3), the ship’s crew and all other persons referred to in paragraph (2)(a) shall not board the ship until a clearance certificate is issued.

• (4) During fumigation,

  • (a) the fumigator-in-charge shall post a watchman at each place where the ship can be boarded;

  • (b) the watchman shall not allow a person who is not engaged in the fumigation or care of the ship to board the ship;

  • (c) the fumigator-in-charge shall take reasonable steps to prevent the leakage of a fumigant from a space that is undergoing fumigation;

  • (d) the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct such periodic tests as are, in the opinion of the fumigator-in-charge, required to determine whether a fumigant is leaking from a space that is being fumigated;

  • (e) each person on board the ship shall have available for immediate use by that person a self-contained breathing apparatus that is capable of protecting the person against any fumigant that is used for the fumigation; and

  • (f) no person shall remove a sign referred to in paragraph (2)(b).

• (5) Where a fumigant leaks from a space being fumigated, every person who is taking part in the fumigation shall, under the direction of the fumigator-in-charge, take reasonable steps to stop the leakage, and the fumigator-in-charge shall notify the master of the leakage.

• (6) Where the leakage referred to in subsection (5)

  • (a) is stopped, the fumigator-in-charge shall notify the master of the stoppage; and

  • (b) cannot, in the opinion of the fumigator-in-charge, be stopped, the fumigator-in-charge shall direct that the fumigation cease and that the space being fumigated be aerated as directed by the fumigator-in-charge.

• (7) Subject to subsection (8), no person shall enter a space that is being fumigated.

• (8) Where the fumigator-in-charge is of the opinion that entry into a space that is being fumigated is necessary, the fumigator-in-charge and one or more other persons experienced and knowledgeable in the use of the self-contained breathing apparatus referred to in paragraph (4)(e) may enter the space.

• (9) Where entry is made pursuant to subsection (8), each person who enters the space shall wear the breathing apparatus referred to in paragraph (4)(e) and shall wear a safety harness fitted with a lifeline that is tended by a person who is wearing the breathing apparatus referred to in that paragraph.

• 9 (1) On completion of fumigation of a space and before the aeration thereof commences, the fumigator-in-charge shall advise the master in writing of the location of those spaces that will be occupied by a member of the ship’s crew for the purpose of assisting in the aeration.

• (2) On completion of fumigation, the space that was fumigated shall be aerated in such manner and for such length of time as the fumigator-in-charge may direct.

• (3) A member of the ship’s crew may, subject to the direction of the fumigator-in-charge, assist in the aeration referred to in subsection (2) by opening the hatches of the ship and operating generating and ventilation machinery if the member of the crew is wearing the breathing apparatus referred to in paragraph 8(4)(e).

• (4) Where a member of the ship’s crew assists in the aeration of a space, the fumigator-in-charge shall, as frequently as is in the opinion of the fumigator-in-charge required, measure the concentration of the fumigant in the space occupied by that member of the crew.

• (5) Where the concentration referred to in subsection (4) exceeds the applicable TLV for the fumigant set out in Column II or III of an item of Schedule II, all persons in the space shall evacuate the space until the concentration does not exceed that TLV level.

• 10 (1) The fumigator-in-charge shall not issue a clearance certificate in respect of a fumigation unless he has determined that the ship is gas-free.

• (2) Where the ship is gas-free, the fumigator-in-charge shall issue a clearance certificate.

• (3) Until a clearance certificate is issued,

  • (a) no person shall board the ship except in accordance with this Part; and

  • (b) subject to Part II, the ship shall remain alongside.

• (4) Where a clearance certificate is issued, a record of the issuance and the date thereof shall be entered by the master in the log-book of the ship.

• 11 (1) Subject to section 31, this section applies to the fumigation and aeration of cargo in a ship while the ship is alongside.

• (2) No person shall fumigate cargo in a ship

  • (a) unless the fumigator-in-charge has inspected the space in which the cargo is located and has given an opinion in writing to the master stating that during the fumigation no fumigant is likely  to leak out of the space into a space that is ordinarily occupied by a member of the ship’s crew; or

  • (b) subject to subsection (3), where a member of the ship’s crew is on board for a purpose other than the conduct of the fumigation or the care of the ship.

• (3) Paragraph (2)(b) does not apply where the space in which the cargo is located

  • (a) is not adjacent to a space that is ordinarily occupied by a member of the ship’s crew; or

  • (b) is separated by not less than two gas-tight bulkheads from a space used by a member of the ship’s crew.

• (4) During fumigation, the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct such periodic tests as are, in the opinion of the fumigator-in-charge, reasonably required to determine whether the concentration of a fumigant in a space that is ordinarily occupied by a member of the ship’s crew exceeds the applicable TLV for that fumigant set out in Column II or III of an item of Schedule II.

• (5) Where the result of a test referred to in subsection (4) shows that the concentration of fumigant exceeds the applicable TLV,

  • (a) all persons on board the ship who are not wearing the breathing apparatus referred to in paragraph 8(4)(e) shall disembark the ship; and

  • (b) no person shall board the ship until a clearance certificate is issued.

PART IIFumigation in Transit

• 12 (1) Subject to subsection (2), this Part applies to fumigation in transit in a ship that is not a Canadian ship where

  • (a) the fumigation is commenced while the ship is in a Canadian harbour; or

  • (b) the ship is in Canadian waters and the fumigation was commenced prior to entering Canadian waters.

• (2) No person shall fumigate in transit or permit fumigation in transit in a Canadian ship.

• (3) No person shall fumigate in a space in a ship that is not alongside unless the space contains bulk cargo.

• (4) No person shall commence fumigation in transit in a ship in Canadian waters unless the ship is moored in a Canadian harbour.

• 13 (1) No person shall commence or permit the commencement of fumigation in transit in a Canadian harbour unless

  • (a) approval in writing for the fumigation has been received by the Canadian Coast Guard Headquarters, Ottawa, from the flag administration in respect of the ship;

  • (b) the fumigator-in-charge gives to the master of the ship a notice in writing that sets out

    • (i) the type of fumigant to be used,

    • (ii) any potential hazards that might exist in respect of the fumigation,

    • (iii) the precautions or other steps that should be taken by the ship’s crew in relation to the fumigation, and

    • (iv) the results of the inspection referred to in paragraph (c) and specifically that, in the opinion of the fumigator-in-charge, the fumigation of the space containing the cargo is not likely to result in leakage of the fumigant from the space into an adjoining space or out of the ship;

  • (c) the fumigator-in-charge, accompanied by the master or the agent of the master, has inspected the space in which the cargo is to be fumigated prior to the cargo that is to be fumigated being loaded on board to determine whether, in the opinion of the fumigator-in-charge, any fumigant is likely to leak out of the space into an adjoining space or out of the ship;

  • (d) loading of cargo on the ship is completed and all persons, except the ship’s crew, those persons involved in the fumigation and those persons who will sail with the ship have disembarked from the ship;

  • (e) the fumigator-in-charge has notified

    • (i) the master, and

    • (ii) the port warden or harbour master

    in writing of the location of the spaces in the ship where the fumigation in transit will take place and of all other spaces in the ship that, in the opinion of the fumigator-in-charge, are unsafe for entry by any person during the fumigation and before the ship becomes gas-free;

  • (f) every member of the crew has been informed by the fumigator-in-charge or by the master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (e);

  • (g) the fumigator-in-charge has on display near all gangways and entrances that lead to a space that is to be fumigated a sign that complies with the requirements set out in paragraph 8(2)(b); and

  • (h) the fumigator-in-charge is satisfied that no fewer than two members of the ship’s crew, one of whom is an officer, have knowledge of

    • (i) any instructions that appear on the package containing the fumigant to be used in the fumigation,

    • (ii) any recommendations or information provided by the manufacturer of the fumigant in respect of

      • (A) the method of detecting the fumigant when it is in a gaseous state,

      • (B) the behaviour and properties of the fumigant,

      • (C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and

      • (D) the emergency procedures that should be taken to protect against fire and explosion of the fumigant, and

    • (iii) the operation of any equipment on board that is used to detect the presence of a fumigant.

• (2) No person shall remove the signs referred to in paragraph (1)(g).

• (3) The fumigator-in-charge shall post a watchman at each place where the ship can be boarded while the ship is moored in a Canadian harbour.

• (4) A watchman referred to in subsection (3) shall not allow a person who is not engaged in the fumigation or care of the ship to board the ship while the ship is moored in a Canadian harbour.

• (5) Where, in the opinion of the fumigator-in-charge, as expressed in the notice referred to in paragraph (1)(b), a fumigant is likely to leak out of the space referred to in subparagraph (1)(b)(iv), no person shall commence or permit the commencement of fumigation in that space.

• 14 (1) Subject to section 17, a ship in which fumigation in transit has commenced while the ship is in a Canadian harbour shall not leave the harbour until 24 hours after the commencement of the fumigation or such longer period as is, in the opinion of the fumigator-in-charge, required to determine whether there is any leakage of the fumigant.

• (2) Subject to subsection (3), during the 24-hour period referred to in subsection (1), the fumigator-in-charge shall conduct such periodic tests as are, in the opinion of the fumigator-in-charge, required to determine whether a fumigant is leaking from a space in which the fumigation of cargo is being conducted.

• (3) The tests referred to in subsection (2) shall be conducted at least three times and the last test shall be conducted at the end of the 24-hour period or such longer period as the fumigator-in-charge decides, pursuant to subsection (1), is required.

• (4) Where, as a result of the tests referred to in subsection (2), the fumigator-in-charge determines that a fumigant is leaking,

  • (a) the fumigator-in-charge shall conduct such additional tests over such period of time as are, in the opinion of the fumigator-in-charge, required to determine that the leakage of the fumigant has stopped; and

  • (b) the ship shall not leave the port until the fumigator-in-charge is able to provide a clearance certificate in respect of every space into which the fumigant is leaking.

• (5) Where, after conducting the tests referred to in subsection (2) or the additional tests referred to in paragraph (4)(a), the fumigator-in-charge determines that no fumigant is leaking from the space, the fumigator-in-charge shall advise the master in writing that

  • (a) the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high that if a leakage of the fumigant occurred, that leakage could be detected;

  • (b) no fumigant has been detected in any space adjoining the space referred to in paragraph (a); and

  • (c) in the opinion of the fumigator-in-charge, there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 15(1)(b).

• 15 (1) Every ship in which fumigation in transit takes place shall be equipped with at least

  • (a) four sets of breathing apparatus that meet the requirements of paragraph 8(4)(e), together with four additional filled air bottles, four safety harnesses and four lifelines;

  • (b) two devices capable of detecting 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) a copy of the 1985 edition of Medical First Aid Guide for Use in Accidents involving Dangerous Goods, published by the International Maritime Organization, London, England; and

  • (e) any medicines and medical equipment specified in the Guide referred to in paragraph (d).

• (2) The equipment referred to in paragraphs (1)(a) and (b) shall be in addition to any other equipment that is ordinarily carried on board the ship when no fumigation in transit takes place.

• (3) Where the devices referred to in paragraph (1)(b) require re-arming after use, the ship shall be equipped with 10 per cent more spare tubes than are required to conduct the testing referred to in subsection 14(2) every eight hours for the duration of the voyage.

• 16 (1) Subject to subsection (2), where a fumigator-in-charge is on board a ship after the ship leaves a Canadian harbour, the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct such periodic tests in the ship as are, in the opinion of the fumigator-in-charge, reasonably required to determine whether any fumigant is leaking from a space that is being fumigated.

• (2) The tests referred to in subsection (1) shall be conducted

  • (a) at least every eight hours beginning with the first test at the time the ship leaves its berth where the fumigation was commenced; and

  • (b) in such manner as to determine whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a member of the crew.

• 17 (1) Section 14 does not apply where a fumigator-in-charge is on board the ship when the ship leaves the Canadian harbour.

• (2) The fumigator-in-charge referred to in subsection (1) shall remain on board

  • (a) until, in the opinion of the fumigator-in-charge,

    • (i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that if any of the fumigant leaked out of the space, the leakage could be detected by the fumigator-in-charge,

    • (ii) all spaces in the ship that are adjacent to the space in which the cargo undergoing fumigation is located are gas-free, and

    • (iii) there are at least two members of the crew on board the ship, including at least one officer, who meet the requirements of paragraph 13(1)(h); and

  • (b) for any additional period of time as is, in the opinion of the fumigator-in-charge, required in the circumstances.

18 Where a fumigant is detected by a person in a space that is likely to be occupied by any person,

• (a) all persons shall evacuate the space; and

• (b) the ship shall go to the nearest Canadian harbour and remain there until the space is gas-free.

• 19 (1) The fumigator-in-charge shall not leave the ship until

  • (a) he has notified the master in writing that the responsibility for the conduct of the fumigation in transit rests with the master; and

  • (b) he has determined whether there is on board the ship

    • (i) persons capable of conducting tests for the detection of the presence of a fumigant in a space during the remainder of the voyage, and

    • (ii) the equipment referred to in paragraphs 15(1)(a) and (b).

• (2) Where the fumigator-in-charge determines that the capability or equipment referred to in subparagraph (1)(b)(i) or (ii) is not on board the ship, he shall notify the master of that determination in the notification referred to in paragraph (1)(a).

20 Where a person conducts a test to determine whether a fumigant is present in a space, the master shall record the date and results of the test in the log-book of the ship.

• 21 (1) Where a ship is under way, the aeration of a space in which fumigation in transit took place shall be conducted in such a manner as to minimize the likelihood of a fumigant escaping into a space in the ship that is ordinarily occupied by a member of the crew or into a ventilation system.

• (2) The aeration referred to in subsection (1) shall be carried out only if, in the opinion of the master, the aeration is required for the safety of the crew or to meet an emergency that could affect the crew.

• (3) During the aeration referred to in subsection (1), 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 member of the crew and in each ventilation system.

• (4) Where a test referred to in subsection (3) shows that the fumigant concentration exceeds the applicable TLV for the fumigant set out in Column II or III of an item of Schedule II,

  • (a) the master shall direct that the aeration be stopped and the space undergoing aeration be sealed to prevent the escape of the fumigant; and

  • (b) the aeration of the space shall not resume except where the master or, if a fumigator-in-charge is on board, the fumigator-in-charge is of the opinion that the resumption of aeration will not cause the fumigant concentration to exceed the applicable TLV in a space or ventilation system referred to in subsection (3).

PART IIIArrival of Cargo that Has Been Fumigated in Transit

22 Sections 22 to 25 apply to a ship in Canadian waters that

• (a) is not a Canadian ship; and

• (b) contains bulk cargo

  • (i) that has been fumigated in transit, and

  • (ii) any part of which is to be unloaded or topped off at a Canadian harbour.

23 The master of a ship referred to in section 22 shall not enter Canadian waters until a notice has been sent to the Ship Safety Branch, Canadian Coast Guard, Ottawa, that sets out

• (a) the name of the ship;

• (b) the harbour to which the ship is destined;

• (c) the expected date of arrival of the ship in the harbour;

• (d) the nature of the cargo;

• (e) the name of the fumigant that was used to fumigate the bulk cargo; and

• (f) the date on which the fumigation in transit began.

• 24 (1) No person, other than a marine chemist, competent person or a member of the ship’s crew, may enter a space in the ship unless a clearance certificate has been issued in respect of the space.

• (2) Where a clearance certificate has been issued in respect of the whole ship, any signs warning of the fumigation shall be removed.

• (3) The time and date of the issuance of the clearance certificate and of the removal of the signs shall be entered in the ship’s log-book.

• 25 (1) No person shall unload or top off cargo that has been fumigated in transit unless a clearance certificate has been issued for the ship.

• (2) The cargo referred to in subsection (1) shall be unloaded or topped off using mechanical equipment that is controlled from outside the hold in which the fumigation in transit took place.

• (3) A person who operates the mechanical equipment referred to in subsection (2) shall operate the equipment on an open deck of the ship windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators.

• (4) Subject to subsection (5), during the unloading or topping off of the cargo referred to in subsection (1), no person shall enter the hold from which the cargo is being unloaded or topped off.

• (5) Where the mechanical equipment referred to in subsection (2) requires servicing, a person may enter the hold to service the equipment and the person shall at all times be accompanied by a fumigator or other competent person who shall, during those times, continuously measure the concentration of the fumigant at or near the place where the servicing of the mechanical equipment takes place.

• (6) Where the concentration of a fumigant in a hold is in excess of one half the applicable TLV for the fumigant set out in Column II or III of an item of Schedule II, every person in the hold shall

  • (a) evacuate the hold; or

  • (b) wear a breathing apparatus that meets the requirements of paragraph 8(4)(e).

26 Sections 26 to 31 apply to a ship that

• (a) is not a Canadian ship;

• (b) contains bulk cargo that has been fumigated in transit; and

• (c) enters a Canadian harbour for a purpose other than the unloading or topping off of fumigated cargo.

27 A fumigator-in-charge or a marine chemist shall board every ship that is moored in a Canadian harbour immediately after the ship is moored.

28 The fumigator-in-charge or marine chemist referred to in section 27 shall

• (a) display near all gangways and entrances that lead to a space in which cargo has been fumigated a sign that corresponds to the requirements set out in paragraph 8(2)(b); and

• (b) post a watchman at each place where the ship can be boarded.

29 The watchman referred to in paragraph 28(b) shall not allow a person who is not a member of the ship’s crew to board the ship unless the person is on ship’s business and the watchman shall allow the person to go only to those places authorized by the fumigator-in-charge.

30 Subject to section 31, the fumigator-in-charge shall comply with section 28 until the ship is no longer moored in the harbour.

31 Where, for any reason, the master directs that any of the bulk  cargo referred to in paragraph 26(b) be aerated, the provisions of  Part II shall apply to the ship and cargo with such modifications as the circumstances require.

PART IV ARRIAGE OF MOBILE UNITS THAT ARE UNDERGOINGFumigation

32 This Part applies to mobile units the contents of which have been fumigated but not aerated before the units are loaded on board a ship.

• 33 (1) No person shall

  • (a) commence fumigation of the contents of a mobile unit that is on board a ship; or

  • (b) load a mobile unit onto a ship unless

    • (i) in the opinion of a competent person, the concentration of fumigant is reasonably uniform throughout the mobile unit, and

    • (ii) the master of the ship has been informed that the contents of the mobile unit have been fumigated.

• (2) Every mobile unit shall have a placard attached to the mobile unit that clearly shows, in English and in French,

  • (a) the name of the fumigant that was used to fumigate the mobile unit; and

  • (b) the date and time when the fumigant was used to fumigate.

34 All shipping documents in respect of a mobile unit on board a ship shall include the following information:

• (a) the type and amount of fumigant that was used to fumigate the mobile unit;

• (b) the date and time when the fumigant was used to fumigate;

• (c) the location of each mobile unit on board the ship; and

• (d) instructions for disposal of any of the fumigant that is not in a gaseous state.

• 35 (1) Subject to subsection (2), every mobile unit on board a ship shall be stowed on an open deck at least six metres from crew accommodation, any passenger accommodation, a work area or ship ventilation intake.

• (2) Where authorized in writing by the flag administration in respect of the ship, a mobile unit may be stowed below deck in a ship that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed.

36 Where a ship has a mobile unit stowed on board, the ship shall not enter a Canadian harbour unless the master or the agent of the master has notified the port warden or harbour master of the arrival of the ship at least 24 hours before the ship enters the harbour.