Cargo, Fumigation and Tackle Regulations (SOR/2007-128)

The Cargo, Fumigation and Tackle Regulations, SOR/2007-128, are the Canadian regulations implementing SOLAS chapter VI and the associated cargo instruments in Canadian law. The definition of the BC Code was repealed by SOR/2021-60, moving the regulations onto the IMSBC Code.

Section 115 is the provision most often cited at a Canadian loading berth. It requires a shipper of a solid bulk cargo loaded in Canadian waters to comply with SOLAS regulations VI/2 and XII/10 and with the applicable provisions of the appendix 1 schedule, and it requires the authorized representative and the master to refuse the cargo where the shipper does not provide the required documents. That converts what is elsewhere a right to refuse into a duty.

The regulations also resolve a question the IMSBC Code leaves open by defining who the competent authority, the authority of the port of State and the appropriate authority are, drawing the answer differently for a vessel in Canadian waters and for a Canadian vessel abroad. The full article will cover the parts on cargo, on fumigation and on tackle, the reporting duties and the interaction with Transport Canada port state control.