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CANADA SHIPPING ACTCrewing RegulationsSOR/97-390
CREWING REGULATIONS Interpretation1. (1) The definitions in this subsection apply in these Regulations. "Able Seaman Convention" « Convention-Matelot qualifié » "Able Seaman Convention", in respect of an able seaman or an efficient deckhand, means the Certification of Able Seamen Convention, 1946.
"Act" « Loi » "Act" means the Canada Shipping Act.
"assistant engineer" « officier mécanicien adjoint » "assistant engineer" means a person, other than a rating, who is under training to become an engineer.
"chemical tanker" « transporteur de produits chimiques » "chemical tanker" means a ship constructed and used for the carriage in bulk of any chemical listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the International Maritime Organization, as amended from time to time.
"complement" « effectif » "complement" means the persons, including the master, who comprise the crew of a ship.
"dynamically positioned" « positionnement dynamique » "dynamically positioned", in respect of a MODU, means that the MODU is held in position over a well wholly or partly by means of propulsion units.
"engineer" « officier mécanicien » "engineer" means any person who is in charge of the machinery of a ship whether or not the person holds an engineer certificate.
"engine-room assistant" « adjoint de la salle des machines » "engine-room assistant" means a rating who is engaged as the assistant to an engineer.
"engine-room rating" « matelot de la salle des machines » "engine-room rating" means a rating who forms part of a watch in the engine room, but does not include
"fishing voyage, Class I" « voyage de pêche, classe I » "fishing voyage, Class I" means a voyage in the course of which a fishing vessel may proceed anywhere in the world.
"fishing voyage, Class II" « voyage de pêche, classe II » "fishing voyage, Class II" means a voyage in the course of which a fishing vessel may proceed anywhere within the area around North America bounded by the meridians of longitude 30°00'W and 180°00'W and north of the parallel of latitude 6°00'N.
"fishing voyage, Class III" « voyage de pêche, classe III » "fishing voyage, Class III" means a voyage in the course of which a fishing vessel may proceed anywhere in the coastal waters of North America that is within 200 miles of the shore or within the waters of the continental shelf, whichever distance is farther.
"Great Lakes Basin" « bassin des Grand Lacs » "Great Lakes Basin" means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec.
"intermediate voyage" « voyage intermédiaire » "intermediate voyage" means a voyage, not being a local voyage or minor waters voyage, that is within the area bounded by the meridians of longitude 180°00'W and 30°00'W and the parallel of latitude 6°00'N.
"intermediate-run ferry" « traversier parcourant des distances intermédiaires » "intermediate-run ferry" means a ship that operates in waters of home-trade voyages or inland voyages, between terminals that are not more than seven miles apart.
"liquefied gas tanker" « transporteur de gaz liquéfié » "liquefied gas tanker" means a ship constructed and used for the carriage in bulk of any liquefied gas listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization, as amended from time to time.
"local voyage" « voyage local » "local voyage" means a voyage, other than a minor waters voyage, that is between places that are no further south than the port of New York, New York or Portland, Oregon and
"mate" « officier de pont » "mate", in respect of a ship, means a person, other than the master, a pilot or a rating, who has charge of the navigation, manoeuvring, operation or security of the ship.
"MF coverage area" « zones MF » "MF coverage area" has the meaning assigned in section 2 of the Ship Station Radio Regulations.
"MODU" « UMFM » "MODU" means a mobile offshore unit that is designed or fitted for drilling operations beneath the seabed for the exploration for, or exploitation of, resources such as liquid or gaseous hydrocarbons, sulphur or salt.
"motor ship" « navire à moteur » "motor ship" means a ship the propulsive power of which is derived from an internal combustion engine.
"muster list" « rôle d'appel » "muster list" means the muster list prepared for a ship pursuant to the Boat and Fire Drill Regulations.
"oil tanker" « pétrolier » "oil tanker" means a cargo ship constructed and used for the carriage of petroleum or petroleum products in bulk.
"partially smooth waters" « eaux partiellement calmes » "partially smooth waters" means minor waters of Canada, and waters of a home-trade voyage, Class IV within the meaning of the Home-Trade, Inland and Minor Waters Voyages Regulations.
"person in charge of the deck watch" « personne responsable du quart à la passerelle » "person in charge of the deck watch" means a person who has immediate charge of the navigation, manoeuvring, operation or security of a ship, but does not include a pilot.
"propulsive power" « puissance de propulsion » "propulsive power" means the power in kilowatts that is specified on a ship's certificate of registry.
"radio inspector" « inspecteur de radio » "radio inspector" means a person authorized by the Minister pursuant to section 345 of the Act to carry out radio inspections.
"radio watch" « veille radioélectrique » "radio watch", in respect of a ship, means the period during which a member of the complement is required to be at the ship station and in charge of the radio communication equipment.
"rating" « matelot » "rating" means a person who is a member of a ship's crew other than the master or an officer.
"recognized institution" « établissement reconnu » "recognized institution" means a training institution designated by the Minister as having the facilities necessary to enable an applicant to obtain a certificate referred to in these Regulations, taking into account the established practices and requirements of the domestic and international marine industry.
"sea area A1", "sea area A2", "sea area A3" and "sea area A4"\ « zone océanique A1, zone océanique A2, zone océanique A3 et zone océanique A4 » "sea area A1", "sea area A2", "sea area A3" and "sea area A4" have the meanings assigned in Chapter IV of the Safety Convention.
"seafarer" « navigant » "seafarer" means a person who
"second engineer" « officier mécanicien en second » "second engineer" means the engineer next to the chief engineer in the line of authority.
"short-run ferry" « traversier parcourant de courtes distances » "short-run ferry" means a ship that operates in partially smooth waters between terminals that are not more than two miles apart and are in line of sight or nearly in line of sight.
"small fishing vessel" « petit bateau de pêche » "small fishing vessel" means a fishing vessel to which the Small Fishing Vessel Inspection Regulations apply.
"STCW" « Convention STCW » "STCW" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995.
"STCW Code" « Code STCW » "STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code of July 7, 1995.
"steamship" « navire à vapeur » "steamship" means a ship the propulsive power of which is derived from boilers and steam engines.
"survival craft" « bateau de sauvetage » "survival craft"has the meaning assigned in section 2 of the Life Saving Equipment Regulations.
"tons" « tonneaux » "tons" means tons in gross tonnage.
"tow-boat" « bâtiment remorqueur » "tow-boat" means a ship used exclusively in towing another ship or floating object astern or alongside or in pushing another ship or floating object ahead.
"TP" « TP » "TP" means a standard issued by the Department of Transport, as amended from time to time.
"VHF coverage area" « zones VHF » "VHF coverage area"has the meaning assigned in section 2 of the Ship Station Radio Regulations.
"watch" « quart ou veille » "watch", in respect of a ship, means
"watchkeeping system" « régime de quart » "watchkeeping system" means a system in which the hours of work of watchkeeping persons are such as to ensure regular and systematic surveillance of the ship's operation.
"waters under Canadian jurisdiction" « eaux de compétence canadienne »
(2) In these Regulations, "home-trade voyage", "inland voyage" and "minor waters voyage" have the meanings assigned in the Home-Trade, Inland and Minor Waters Voyages Regulations. (3) For the purposes of these Regulations,
Application2. (1) These Regulations apply in respect of
(2) The ships referred to in subsection (1) include
2.1 (1) Division 8 of Part 1 applies to a seafarer who
(2) Division 8 does not apply to a seafarer who is not required to hold a certificate issued under the Marine Certification Regulations and is
PROHIBITION2.2 No ship of any class shall navigate in waters under Canadian jurisdiction unless the ship complies with these Regulations.
PART 1REQUIREMENTS FOR CANADIAN SHIPS Division 1 Issuance, Validity and Inspection of CertificatesGeneral 3. (1) A certificate required under this Part, other than a medical certificate issued under Division 8 or a radio operator's certificate, shall be
(2) Where the expiration of the five-year validity period of a certificate falls during a voyage, the certificate continues to be valid for use at sea until the earlier of
Validity4. To remain valid for use at sea, a certificate referred to in any of paragraphs 2(a) to (k), (n) to (z.9), (z.15) and (z.16) of the Marine Certification Regulations must be accompanied by a corresponding continued proficiency certificate after the expiration of a period of five years beginning on the date on which it is issued. 5. (1) Any certificate that was issued before June 1, 1992 under the Marine Engineer Examination Regulations or the Masters and Mates Examination Regulations remains valid for use at sea until July 30, 1999, after which date the certificate is valid only if it is accompanied by a corresponding continued proficiency certificate. (2) Any certificate that was issued during the five years before July 30, 1997 under the Marine Engineer Examination Regulations or the Masters and Mates Examination Regulations remains valid for use at sea for five years after the date of its issuance, after which the certificate is valid only if it is accompanied by a corresponding continued proficiency certificate. 6. The validity of a certificate for use at sea is limited by
7. (1) A certificate of service as master of a ship of not more than 1 600 tons, gross tonnage, is valid only off the east coast of Canada between Cape Chidley and St. Andrews, New Brunswick, on the following ships:
(2) A certificate as master, limited or first mate, limited is valid for a period of five years beginning on the date on which it is issued and only
8. A restricted engineer, motor ship certificate is valid for a period of five years beginning on the date on which it is issued, and is valid only with respect to the voyage and ship that are specified in the certificate. 9. A certificate required by these Regulations to be held by a person who is employed on a MODU is valid within the area of operation and under the operating conditions of the MODU. 10. A restricted proficiency in survival craft certificate is valid only with respect
to the ship that is specified in the certificate. Inspection of Certificates and Endorsements11. The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the certificates and endorsements required by these Regulations are kept readily available on board the ship for inspection by a steamship inspector.
Division 2Hours of Rest Application12. This Division does not apply in respect of
General13. (1) The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the complement on board is sufficient in number and organized efficiently in a watchkeeping system and work system that meet the requirements of these Regulations. (2) The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the master or offshore installation manager and each member of the complement have
(3) Not more than 18 hours and not less than six hours shall elapse between the end of
a period of rest and the beginning of the next period of rest. Prior Employment14. Where a person employed on a ship was, immediately prior to that employment,
employed by the same employer in any capacity on a ship or on shore, the last day of the
prior employment shall be counted as employment on the ship for the purposes of section
13. Emergency Duty15. Where a member of the complement is, during the member's period of rest, required to attend to an emergency or participate in an emergency drill, the time so spent shall be counted as part of the period of rest for the purposes of section 13.
Division 3Life Saving Application16. This Division does not apply in respect of pleasure crafts. Interpretation17. The definitions in this section apply in this Division. "Class I", "Class II", "Class III" and "Class IV" « classe I, classe II, classe III et classe IV » "Class I", "Class II", "Class III" and "Class IV", in respect of a ship, have the meanings assigned in section 5 of the Life Saving Equipment Regulations.
"qualified person" « personne qualifiée » "qualified person" means a person who holds
Complement for Emergencies 18. (1) The complement of every passenger ship certified to carry 12 passengers or fewer and every cargo ship shall be sufficient in number to carry out simultaneously the following activities:
(2) The complement of every passenger ship certified to carry more than 12 passengers shall be sufficient in number to carry out simultaneously the following activities:
Qualified Persons for Survival Craft --
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| Column 1 | Column 2 | Column 3 | |
| Item | Ship | Capacity of Lifeboat (number of persons) | Number of Qualified Persons |
| 1. | Class I or Class II | (1) fewer than 41 | 2 |
| (2) 41 to 61 | 3 | ||
| (3) 62 to 85 | 4 | ||
| (4) 86 or more | 5 | ||
| 2. | Class III or Class IV | (1) 16 or fewer | 1 |
| (2) 17 to 50 | 2 | ||
| (3) 51 or more | 3 |
20. (1) Every Class I, Class II, Class III and Class IV ship shall have on board and employ at least one qualified person for each life raft required to be carried on board by the Life Saving Equipment Regulations.
(2) Subsection (1) does not apply where the ship is a Class III or a Class IV ship and at least 75 per cent of its complement consists of qualified persons and the remainder of the complement is instructed in the operation of survival craft.
(3) Every Class I ship and Class II ship shall have on board and employ at least three qualified persons for each rescue boat required to be carried on board by the Life Saving Equipment Regulations.
(4) Every Class III ship and Class IV ship shall have on board and employ at least two qualified persons for each rescue boat or emergency boat required to be carried on board by the Life Saving Equipment Regulations.
(5) Every MODU shall have on board and employ at least two qualified persons for each rescue boat or emergency boat that it carries.
(6) The qualified persons required by subsections (3) to (5) for each rescue boat or emergency boat may be the same persons who are provided for the lifeboats or life rafts.
21. (1) Every member of the complement of a ship shall, before the member has completed six months on board ships, obtain a certificate of the member's successful completion of training, at a recognized institution, in marine emergency duties with respect to basic safety.
(2) Until July 30, 2000, subsection (1) does not apply to a member of the complement who is not required to hold a certificate or is not assigned to a fire team on the muster list or similar emergency plan.
(2.1) Until July 30, 2002, subsection (1) does not apply to a member of the complement of a fishing vessel who is not required to hold a certificate if the fishing vessel does not engage on voyages that go beyond the limits of a fishing voyage, Class II.
(3) Subject to subsection (4), every person assigned to a fire team on the muster list or similar emergency plan, of a Class I, Class II, Class III or Class IV ship shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties, in survival craft and in marine fire fighting.
(4) If the ship is a Class III ship, a Class IV ship or a ship that is not a passenger ship and engages on voyages within five nautical miles from shore, the person shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties in respect of basic safety.
21.1 (1) The owner of a ship shall provide to the master written instructions that set out the policies and procedures to be followed to ensure that the complement of the ship
(a) is familiarized with the ship and their duties; and
(b) can effectively co-ordinate their activities when performing duties vital to safety or the prevention or mitigation of pollution.
(2) The master shall ensure that the ship's complement is trained in and carries out the policies and procedures.
Radio Watches
22. This Division applies in respect of all ships, including MODUs, that are required to be fitted with a ship station in accordance with the Ship Station Radio Regulations.
23. (1) Every Safety Convention ship shall comply with Regulation 12 of Chapter IV of the Safety Convention in respect of radio watches.
(2) [Repealed SOR/2002-151]
24. Every ship shall comply with the following as they apply to radio watches:
(a) sections 61 and 62 of the Ship Station Technical Regulations;
(b) section 8 of the VHF Radiotelephone Practices and Procedures Regulations;
(c) paragraphs 1 to 3 and 6 of article VII of the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1988, as amended from time to time if
(i) the ship is engaged on a voyage in the Great Lakes Basin, and
(ii) article V of that Agreement requires the ship to comply; and
(d) in the case of a Safety Convention ship, Part 3-3 of section A-VIII/2 of the STCW Code.
25. (1) Subject to subsection (3), a ship shall have in charge of the radio watch a person who holds, at a minimum, a Restricted Operator Certificate - Maritime Commercial Qualification.
(2) Subject to subsection (3), a ship that is not a small fishing vessel and is operating in a sea area other than sea area A1 shall have on board and employ
(a) a person who holds a First-Class Radioelectronic Certificate; or
(b) at least two persons
(i) each of whom holds, at a minimum, a General Operator Certificate, and
(ii) who, between them, are in charge of at least 16 hours of radio watch in any 24 hour period.
(3) A ship that is not required to be fitted with radiocommunication equipment capable of digital selective calling or a ship earth station shall have on board and employ, in charge of the radio watch, the persons required by
(a) section 65 of the Ship Station Technical Regulations; and
(b) if the ship is a Safety Convention ship, the STCW as it read immediately before December 1, 1992.
26. (1) The master of a ship of 300 tons or more shall assign a member of the crew as principal communicator whose duty is to operate the radiocommunication equipment during an emergency.
(2) The principal communicator
(a) shall be one of the persons referred to in section 25; or
(b) where a deck watch on the ship consists of fewer than three persons, may be any member of the crew who is qualified in the use of the radiocommunication equipment.
(3) Where the duration of an emergency makes the continuous presence of the principal communicator on the bridge unreasonable or unnecessary, the master may
(a) relieve the principal communicator of the duty temporarily; and
(b) assign any other member of the crew qualified in the use of the radiocommunication equipment to replace the principal communicator.
Self-propelled Ships
27. (1) Subject to subsection (2), this Division applies in respect of self-propelled ships of more than five tons.
(2) This Division does not apply in respect of
(a) ships that are securely anchored in port or securely moored to shore;
(b) MODUs that are stationary and engaged in drilling; or
(c) pleasure crafts.
28. The complement of a ship shall consist of at least the following persons:
(a) the master;
(b) the persons required
(i) by Division 3 to form part of the life saving team,
(ii) by Division 4 to form part of the radio watch,
(iii) by section 40 to form part of the deck watch, and
(iv) by sections 43 and 44 to be in charge of the engineering watch;
(c) a person in charge of the machinery of the ship, except where the ship is
(i) a tow-boat to which section 33, in respect of engineers, and sections 42 to 44, in respect of engineering watches, do not apply, or
(ii) a cargo ship of not more than 15 tons that has a propulsive power of not more than 750 kW and is engaged on
(A) a foreign voyage,
(B) a home-trade voyage, Class I, a home-trade voyage, Class II or, if it is a voyage of more than 10 nautical miles, a home-trade voyage, Class III, or
(C) an inland voyage, Class I or an inland voyage, Class II; and
(d) where the ship is required by the Fire Detection and Extinguishing Equipment Regulations to be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations.
29. (1) Subject to subsection (5), every ship that is engaged on a voyage shall have on board and employ
(a) a master;
(b) in the case of a ship of 200 tons or more or a ship certified to carry more than 50 passengers, a first mate; and
(c) a sufficient number of mates to ensure that the deck watch complies with sections 38 to 41.
(2) Subject to subsections (3) to (5), every person who is employed in the capacity set out in any of columns 1 to 4 of an item of Table 1 to this section on board a ship that is engaged on a voyage referred to in the heading of the column shall hold, at a minimum, the certificate set out in column 5 of that item that is appropriate to the duties of the person on the ship.
(3) Subject to subsection (5), every person who is employed in the capacity set out in any of columns 1 to 3 of an item of Table 2 to this section on board a fishing vessel that is engaged on a voyage referred to in the heading of the column shall hold, at a minimum, the certificate set out in column 4 of that item that is appropriate to the duties of the person on the fishing vessel.
(4) Subject to subsection (5), every person who is employed in the capacity set out in column 1 or 2 of an item of Table 3 to this section on board an intermediate-run ferry or a short-run ferry shall hold, at a minimum, the certificate set out in column 3 of that item that is appropriate to the duties of the person on the ferry.
(5) This section does not apply in respect of
(a) a ship that does not carry passengers and is 10 tons or less;
(b) a ship that carries at least one passenger and is five tons or less; or
(c) a fishing vessel or a ship engaged in transferring to shore the unprocessed catch of a fishing vessel, if the fishing vessel or the ship is
(i) until July 30, 1998, 85 tons or less,
(ii) after July 30, 1998, 70 tons or less, or
(iii) after July 30, 1999, 60 tons or less.
Table 1
Master and Mates Certificates -- General
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | |
| Item | Person's Capacity of Employment on an Unrestricted Voyage | Person's Capacity of Employment on an Intermediate Voyage | Person's Capacity of Employment on a Local Voyage | Person's Capacity of Employment on a Minor Waters Voyage | Certificate |
| 1. | master | master | master | master | master mariner |
| 2. | first mate | master | master | master | master, intermediate voyage |
| 3. | second mate | first mate | first mate | first mate | first mate, intermediate voyage |
| 4. | n/a | n/a | master | master | master, local voyage |
| 5. | n/a | n/a | first mate | first mate | first mate, local voyage |
| 6. | mate in charge of the deck watch | first mate of a ship not exceeding 350 tons or a tug, or second mate | first mate of a ship not exceeding 350 tons or a tug, or second mate | first mate of a ship not exceeding 350 tons or a tug, or second mate | watchkeeping mate, ship |
| 7. | n/a | n/a | first mate of a ship not exceeding 350 tons or a tug, or second mate | first mate of a ship not exceeding 350 tons or a tug, or second mate | restricted watchkeeping mate, ship |
| 8. | n/a | n/a | master of a ship not exceeding 350 tons or a tug | master of a ship not exceeding 350 tons or a tug | master, ship of not more than 350 tons, gross tonnage, or tug, local voyage |
| 9. | n/a | n/a | n/a | master | master, limited |
Table 2
Master and Mates Certificates --
Fishing Vessels
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Item | Person's Capacity of Employment on a Fishing Voyage, Class I | Person's Capacity of Employment on a Fishing Voyage, Class II | Person's Capacity of Employment on a Fishing Voyage, Class III | Certificate |
| 1. | master | master | master | fishing master, first-class |
| 2. | first mate | master | master | fishing master, second-class |
| 3. | second mate | first mate | master | fishing master, third-class |
| 4. | second mate | second mate | master of a vessel not exceeding 100 tons, or first mate | fishing master, fourth-class |
Table 3
Master and Mates Certificates -- Intermediate-
Run and Short-Run Ferries
| Column 1 | Column 2 | Column 3 | |
| Item | Person's Capacity of Employment on an Intermediate-Run Ferry | Person's Capacity of Employment on a Short-Run Ferry | Certificate |
| 1. | master | n/a | master, limited certificate for an intermediate-run ferry |
| 2. | first mate | n/a | first mate, limited certificate for an intermediate-run ferry |
| 3. | n/a | master | master, limited certificate for a short-run ferry |
| 4. | n/a | first mate | first mate, limited certificate for a short-run ferry |
Engineers
30. The certificate of an engineer that is appropriate to the type of propulsion of the ship is
(a) in the case of a motor ship other than a fishing vessel, a certificate of the motor ship category;
(b) in the case of a steamship, a certificate of the steamship category; and
(c) in the case of a motor-driven fishing vessel, a certificate of the motor-driven fishing vessel category.
31. (1) Every passenger ship that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.
(2) A passenger ship that is a motor ship and has a propulsive power of not more than 750 kW may have on board and employ one engineer who is the holder of, at a minimum, a restricted engineer, motor ship certificate if the ship engages on
(a) a home-trade voyage, Class III;
(b) a home-trade voyage, Class IV;
(c) an inland voyage; or
(d) a minor waters voyage.
(3) A passenger ship that engages on a home-trade voyage, Class II and has a propulsive power of not more than 4 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.
(4) A passenger ship that has a propulsive power of more than 4 000 kW may, while operating between Canadian ports, have on board and employ
(a) one engineer who is the holder of, at a minimum, a first-class engineer certificate in the category appropriate to the type of propulsion of the ship; and
(b) one engineer who is the holder of, at a minimum, a third- class engineer certificate in the category appropriate to the type of propulsion of the ship.
Table
| Column 1 | Column 2 | Column 3 | |
| Item | Voyage | Propulsive Power in kW | Number of Certificates |
| 1. | foreign | (1) more than 75 but not more than 3 000 | (1) 1 second-class engineer |
| (2) more than 3 000 | (2) 1 first-class engineer and 1 second-class engineer | ||
| 2. | home-trade voyage, Class I | (1) more than 75 but not more than 3 000 | (1) 1 second-class engineer |
| (2) more than 3 000 | (2) 1 first-class engineer and 1 second-class engineer | ||
| 3. | home-trade voyage, Class II | (1) more than 75 but not more than 1 000 | (1) subject to subsection 31(3), 1 third-class engineer |
| (2) more than 1 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) subject to subsection 31(3), 1 first-class engineer and 1 second-class engineer | ||
| 4. | home-trade voyage, Class III | (1) more than 75 but not more than 1 000 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) subject to subsection 31(4), 1 first-class engineer and 1 second-class enginee | ||
| 5. | inland voyage, Class I | (1) more than 75 but not more than 1 000 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 000 but not more than 4 000 | (2) 1 second-class engineer | ||
| (3) more than 4 000 | (3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer | ||
| 6. | inland voyage, Class II | (1) more than 75 but not more than 1 000 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 000 but not more than 4 000 | (2) 1 second-class engineer | ||
| (3) more than 4 000 | (3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer | ||
| 7. | minor waters voyage, Class I | (1) more than 75 but not more than 1 000 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 000 but not more than 4 000 | (2) 1 second-class engineer | ||
| (3) more than 4 000 | (3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer | ||
| 8. | home-trade voyage, Class IV | (1) more than 75 but not more than 1 500 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 500 | (2) 1 second-class engineer | ||
| 9. | minor waters voyage, Class II | (1) more than 75 but not more than 1 500 | (1) subject to subsection 31(2), 1 third-class engineer |
| (2) more than 1 500 | (2) 1 second-class engineer |
32. (1) Every cargo ship that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.
(2) A cargo ship that engages on a home-trade voyage, Class II and has a propulsive power of not more than 5 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.
(3) A cargo ship that engages on a home-trade voyage, Class III and has a propulsive power of not more than 7 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.
Table
| Column 1 | Column 2 | Column 3 | |
| Item | Voyage | Propulsive Power in kW | Number of Certificates |
| 1. | foreign | (1) more than 750 but not more than 2 000 | (1) 1 chief engineer and 1 second engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 2. | home-trade voyage, Class I | (1) more than 750 but not more than 2 000 | (1) 1 chief engineer and 1 second engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 3. | home-trade voyage, Class II | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) subject to subsection 32(2), 1 first-class engineer and 1 second-class engineer | ||
| 4. | home-trade voyage, Class III | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) subject to subsection 32(3), 1 first-class engineer and 1 second-class engineer | ||
| 5. | inland voyage | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 7 000 | (2) 1 second-class engineer | ||
| (3) more than 7 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 6. | minor waters voyage, Class I | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 7 000 | (2) 1 second-class engineer | ||
| (3) more than 7 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 7. | home-trade voyage, Class IV | (1) more than 750 but not more than 4 000 | (1) 1 third-class engineer |
| (2) more than 4 000 | (2) 1 second-class engineer | ||
| 8. | minor waters voyage, Class II | (1) more than 750 but not more than 4 000 | (1) 1 third-class engineer |
| (2) more than 4 000 | (2) 1 second-class engineer |
33. (1) A tow-boat that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.
(2) A tow-boat that engages on a home-trade voyage, Class II and has a propulsive power of not more than 6 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.
(3) A tow-boat that engages on a home-trade voyage, Class III and has a propulsive power of not more than 4 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a third-class engineer certificate in the category appropriate to the type of propulsion of the ship.
(4) A tow-boat that engages on a home-trade voyage, Class III and has a propulsive power of more than 4 000 kW but not more than 7 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.
Table
| Column 1 | Column 2 | Column 3 | |
| Item | Voyage | Propulsive Power in kW | Number of Certificates |
| 1. | foreign | (1) more than 750 but not more than 2 000 | (1) 1 chief engineer and 1 second engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 2. | home-trade voyage, Class I | (1) more than 750 but not more than 2 000 | (1) 1 chief engineer and 1 second engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 3. | home-trade voyage, Class II | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 3 000 | (2) 1 second-class engineer | ||
| (3) more than 3 000 | (3) subject to subsection 33(2), 1 first-class engineer and 1 second-class engineer | ||
| 4. | home-trade voyage, Class III | (1) more than 750 but not more than 3 000 | (1) 1 third-class engineer |
| (2) more than 3 000 | (2) subject to subsections 33(3) and (4), 1 first-class engineer and 1 second-class engineer | ||
| 5. | minor waters voyage, Class I | (1) more than 750 but not more than 4 000 | (1) 1 third-class engineer |
| (2) more than 4 000 but not more than 7 000 | (2) 1 second-class engineer | ||
| (3) more than 7 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 6. | inland voyage | (1) more than 750 but not more than 4 000 | (1) 1 third-class engineer |
| (2) more than 4 000 but not more than 7 000 | (2) 1 second-class engineer | ||
| (3) more than 7 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 7. | minor waters voyage, Class II | (1) more than 1 500 but not more than 5 000 | (1) 1 third-class engineer |
| (2) more than 5 000 | (2) 1 second-class engineer | ||
| 8. | home-trade voyage, Class IV | (1) more than 1 500 but not more than 5 000 | (1) 1 third-class engineer |
| (2) more than 5 000 | (2) 1 second-class engineer |
34. Every fishing vessel that is set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.
Table
| Column 1 | Column 2 | Column 3 | |
| Item | Ship | Propulsive Power in kW | Number of Certificates |
| 1. | steam-driven fishing vessel | (1) more than 750 but not more than 2 000 | (1) 1 third-class engineer |
| (2) more than 2 000 but not more than 5 000 | (2) 1 second-class engineer | ||
| (3) more than 5 000 | (3) 1 first-class engineer and 1 second-class engineer | ||
| 2. | motor-driven fishing vessel | (1) more than 750 but not more than 2 000 | (1) 1 chief engineer, motor-driven fishing vessel or 1 third-class engineer |
| (2) more than 2 000 but not more than 5 000 | (2) 1 second-class engineer | ||
| (3) more than 5 000 | (3) 1 first-class engineer and 1 second-class engineer |
35. (1) No person shall act in the capacity of the chief engineer or second engineer of a ship unless
(a) the person is the holder of a first-class engineer, second-class engineer or third-class engineer certificate in the category appropriate to the type of propulsion of the ship; or
(b) while the ship is at sea on a foreign voyage or a home-trade voyage, Class I, the chief engineer or second engineer dies or becomes incapacitated.
(2) An engineer who acts in the circumstances referred to in paragraph (1)(b) may act only until the ship reaches the next intended port of call.
36. (1) No person shall act in the dual capacity of master and engineer on a motor ship that exceeds 20 m in registered length.
(2) No person shall act in the dual capacity of master and engineer on a motor ship of 20 m or less in registered length unless
(a) the person acting in the dual capacity holds a master's certificate and, where these Regulations require that an engineer's certificate be held, an engineer's certificate;
(b) the ship's motor is installed so that
(i) it can be controlled from the steering station, and
(ii) a person at the steering station may readily detect any defects in the motor and make necessary adjustments to the motor while keeping a navigational lookout; and
(c) there is on board, in addition to the person acting in the dual capacity, at least one crew member who is not less than 18 years of age and is able to render such assistance as might be required in an emergency.
(3) Paragraph (2)(c) does not apply where
(a) the route of the ship is such that at no time is rough water, sufficient to cause a casualty, likely to be encountered;
(b) in the event of a person going overboard, the person acting in the dual capacity can, single-handed, manoeuvre the ship to effect a prompt rescue;
(c) the person acting in the dual capacity can, single-handed, efficiently launch and use survival craft or other appropriate life saving equipment; or
(d) in the case of a ferry engaged in a regular passenger service, there is at least one passenger who is competent to pilot the ferry and to render such assistance as might be required in an emergency.
37. (1) Every master, first mate, chief engineer and second engineer employed on an oil tanker, chemical tanker or liquefied gas tanker shall hold an oil tanker, level 2 certificate, a chemical tanker, level 2 certificate or a liquefied gas tanker, level 2 certificate, as the case may be.
(2) Every ship that is an oil tanker, chemical tanker or liquefied gas tanker shall have on board and employ, for each function set out in column 1 of an item of the table to this section, one person who holds, at a minimum, the certificate set out in column 2 of that item.
37.1 (1) Every master, first mate, chief engineer and second engineer employed on a ro-ro passenger ship engaged on an international voyage shall hold a ro-ro passenger, level 2 certificate.
(2) Every person, other than the persons referred to in subsection (1), employed on a ro-ro passenger ship engaged on an international voyage shall hold a ro-ro passenger, level 1 certificate if their assigned duties include responsibility for
(a) assisting passengers in emergency situations;
(b) embarking or disembarking passengers;
(c) loading, discharging or securing cargo;
(d) closing hull openings; or
(e) ensuring passenger safety in emergency situations.
Table
| Column 1 | Column 2 | |
| Item | Function | Certificate |
| 1. | person assigned specific duties in an oil operation | oil tanker, level 1 |
| 2. | person assigned specific duties in a chemical operation | chemical tanker, level 1 |
| 3. | person assigned specific duties in a liquefied gas operation | liquefied gas tanker, level 1 |
| 4. | person in charge of an oil operation | oil tanker, level 2 |
| 5. | person in charge of a chemical operation | chemical tanker, level 2 |
| 6. | person in charge of a liquefied gas operation | liquefied gas tanker, level 2 |
| 7. | assistant to a person referred to in item 1 | proficiency in oil tankers |
| 8. | assistant to a person referred to in item 2 | proficiency in chemical tankers |
| 9. | assistant to a person referred to in item 3 | proficiency in liquefied gas tankers |
| 10. | person in charge of an oil transfer operation or an operation involving the transfer of an oily mixture in Arctic waters north of 60000'N | supervisor of an oil transfer operation in Arctic waters north of 60°00'N |
| 11. | person in charge of an oil transfer operation or an operation involving the transfer of an oily mixture, other than an operation referred to in item 10 | supervisor of an oil transfer operation |
| 12. | person in charge of a chemical transfer operation or an operation involving the transfer of a chemical mixture | supervisor of a chemical transfer operation |
| 13. | person in charge of a liquefied gas transfer operation | supervisor of a liquefied gas transfer operation |
38. Every ship that is not securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.
39. (1) The master of a ship shall be on duty as required by the ordinary practice of seamen.
(2) The master of a ship shall not be counted as a member of the deck watch, unless the ship is
(a) securely anchored or moored;
(b) 1 000 tons or less; or
(c) more than 1 000 tons but less than 3 000 tons and at least three deck watches are established.
40. (1) The minimum deck watch required by this section shall be supplemented as required by the ordinary practice of seamen.
(2) The deck watch on a ship shall consist of at least the following persons:
(a) a person in charge of the deck watch who
(i) is capable of properly operating the navigational and radio equipment with which the ship is fitted,
(ii) where the ship is more than 100 tons, holds a radio operator's certificate that is appropriate for the class of ship and the area in which the ship operates, in accordance with section 25; and
(iii) if an electronic chart display and information system (ECDIS) accompanied by back-up arrangements is being used to fulfil the chart requirements set out in section 5 of the Charts and Nautical Publications Regulations, 1995,
(A) holds a certificate of the person's successful completion of training, at a recognized institution, in ECDIS operation, and
(B) has been provided by the master with written instructions in the operation of, and has been familiarized with, the ECDIS and back-up arrangements carried on board the ship;
(b) subject to subsections (3) and (4), an additional person who, where the ship is 200 tons or more, holds an efficient deckhand certificate, an able seaman certificate or a bridge watchman certificate;
(c) subject to subsections (4) and (5), where the ship is more than 1 000 tons and is not securely anchored or moored, a second additional person who holds an efficient deckhand certificate, an able seaman certificate or a bridge watchman certificate; and
(d) where the ship is 100 tons or less, a person in charge of the radio watch who is qualified in accordance with section 25, unless the person in charge of the deck watch is so qualified.
(3) An additional person is not required where
(a) the ship is engaged in a log sorting or yarding operation that is carried out at a booming ground and does not use lines or chains;
(b) the ship
(i) is 100 tons or less,
(ii) carries 12 passengers or fewer,
(iii) affords an unobstructed all-round view from the steering position, and
(iv) is engaged on a voyage of five nautical miles or less within the limits of a harbour, in good visibility, between sunrise and sunset; or
(c) the ship is 1 000 tons or less and is securely anchored or moored.
(4) The additional person and the second additional person are not each required, in respect of one of the deck watches in any 24-hour period, to hold the certificate referred to in paragraph (2)(b) or (c) if either the additional person or the second additional person, but not both, is assigned to that deck watch as a rating under training for the purpose of obtaining the certificate.
(5) Subject to subsection (6), a second additional person is not required where the ship is more than 1 000 tons and is equipped in accordance with the schedule and the equipment is
(a) in good working order;
(b) suitably illuminated for night operation; and
(c) used in accordance with the ordinary practice of seamen.
(6) A second additional person is required on a ship that meets the requirements of subsection (5) where it is not appropriate to use the automatic steering system because prompt helm action may be required as a result of
(a) restricted visibility;
(b) traffic density;
(c) hazardous navigational situations; or
(d) the use of the system being prohibited by local by-laws.
41. No person shall act, and no master or offshore installation manager shall permit a person to act, as a member of the deck watch of a ship unless the person is the holder of a certificate appropriate for the class of ship and the area in which the ship operates.
42. Every ship shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.
43. (1) Subject to section 44, the engineering watch of a ship shall consist of
(a) subject to subsection (2), where the ship has a propulsive power of more than 750 kW, a person in charge of the watch who
(i) is the engineer required by sections 30 to 35, or
(ii) holds, at a minimum, the following certificate:
(A) in the case of a passenger ship, a cargo ship or a tow-boat, a fourth-class engineer certificate,
(B) in the case of a motor-driven fishing vessel that has a propulsive power of not more than 2 000 kW, a watchkeeping engineer, motor-driven fishing vessel certificate, or
(C) in the case of a fishing vessel that has a propulsive power of more than 2 000 kW, a fourth-class engineer certificate;
(b) subject to subsections (3) and (4), where the ship has a propulsive power of more than 750 kW, an engine-room assistant who holds an engine-room rating certificate or an engine-room assistant certificate; and
(c) an engine-room rating for each boiler room in which a mechanically fired, coal-burning boiler or a non-automatic, oil-burning boiler is fitted and in use who, where the ship has a propulsive power of more than 750 kW and, subject to subsection (4), holds an engine-room rating certificate or an engine-room assistant certificate.
(2) Paragraph (1)(a) does not apply in the case of a ship on which the master acts in the dual capacity of master and engineer in accordance with section 36.
(3) Paragraph (1)(b) does not apply in the case of a ship in which the machinery essential to the safe operation of the ship has automatic operational features and safety features that, while in operation, lubricate the machinery from a supply of lubricant and fuel that is sufficient to enable the machinery to operate continuously at full load for a period of not less than 24 hours.
(4) The engine-room assistant and the engine-room rating are not each required to hold the certificate referred to in paragraph (1)(b) or (c) if
(a) three persons are assigned to the engineering watch; and
(b) either the engine-room assistant or the engine-room rating, but not both, is assigned to the engineering watch under training for the purpose of obtaining the certificate.
44. Where a cargo ship or tow-boat is equipped in accordance with Schedule VIII of the Marine Machinery Regulations, it may operate between Canadian ports with periodically unattended machinery spaces and without an engineering watch if
(a) the ship
(i) has a propulsive power of not more than 1 500 kW and engages on a voyage that does not go beyond a home-trade voyage, Class II, or
(ii) has a propulsive power of not more than 2 000 kW and engages on a voyage that does not go beyond an inland voyage or a home-trade voyage, Class IV; and
(b) in the case of a cargo ship of 150 tons or less that is not required by these Regulations to have on board an engineer, the remote control and monitoring systems in periodically unattended machinery spaces are inspected at intervals not exceeding 12 months and the inspection certificate is endorsed to confirm the inspection.
45. Where a ship has on board and employs a cook, the cook shall hold a ship's cook certificate if the ship is
(a) 1 000 tons or more;
(b) employed in the transportation of cargo or passengers for the purpose of trade; and
(c) engaged on a foreign voyage or a home-trade voyage, where the voyage extends south of the parallel of latitude 36°00'N.
Minimum Safe Manning Documents
46. (1) This section does not apply in respect of
(a) troopships;
(b) fishing vessels;
(c) sailing vessels;
(d) cargo ships, and tugs, of less than 500 tons; or
(e) ships engaged on local voyages, inland voyages or minor waters voyages.
(2) Every ship engaged on an international voyage shall carry on board a Minimum Safe Manning Document issued by the Department of Transport and containing, in English and French,
(a) the following identification information about the ship:
(i) its name,
(ii) its port of registry, and
(iii) its official number;
(b) a table showing
(i) the number of members of the complement,
(ii) the levels of certificates to be held by the members of the complement, and
(iii) any conditions or limitations on the certificates referred to in subparagraph (ii);
(c) a statement by the Department of Transport that the ship named in the Document is safely crewed when it carries not less than the complement whose members hold the certificates shown in the Document, subject to any conditions or limitations stated on the certificates;
(d) a statement as to any conditions or limitations on the validity of the Document by reference to particulars of the ship and the nature of the service in which it is employed; and
(e) the date of issue and the expiry date, if any, of the Document together with a signature on behalf of, and the seal of, the Department of Transport.
MODUs That Are Not Self-propelled and Self-propelled
MODUs That Are Stationary and Engaged in Drilling
47. The definitions in this section apply in this Division.
"ballast control operator"
« opérateur des commandes des ballasts »
"ballast control operator" means the person assigned the responsibility for the normal day-to-day control of the trim, draught and stability of a MODU.
"barge supervisor"
« surveillant de chaland »
"barge supervisor" means the person who provides support to the offshore installation manager in essential marine-related matters on board a MODU.
"maintenance supervisor"
« surveillant de la maintenance »
"maintenance supervisor", in respect of a MODU, means the person who has the responsibility for the required inspection, operation and testing of all of the machinery and equipment as specified by the owner of the MODU.
"MODU/self-elevating"
« UMFM/auto-élévatrice »
"MODU/self-elevating"means a MODU with movable legs that is not self-propelled and is capable of raising its hull above the surface of the sea.
"MODU/surface"
« UMFM/surface »
means a MODU with a ship- or barge-type displacement hull of single or multiple hull construction intended for operation in the floating condition.
48. (1) This Division applies in respect of
(a) MODUs that are not self-propelled; and
(b) self-propelled MODUs that are stationary and engaged in drilling.
(2) This Division does not apply in respect of MODUs that are securely anchored in port or securely moored to shore.
49. The certificate appropriate to a MODU is
(a) in the case of a MODU/surface, a certificate of the MODU/surface category; and
(b) in the case of a MODU/self-elevating, a certificate of the MODU/self-elevating category.
50. (1) The complement of a MODU shall consist of at least the following persons:
(a) an offshore installation manager who, in the case of a MODU in waters other than waters to which the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada-Newfoundland Atlantic Accord Implementation Act applies, holds an offshore installation manager certificate appropriate to the MODU;
(b) a barge supervisor who holds a barge supervisor certificate appropriate to the MODU;
(c) in the case of a MODU/surface, a ballast control operator who
(i) holds
(A) a certificate of completion for a course in stability and ballast control from a recognized institution, and
(B) a document issued by the offshore installation manager of the MODU/surface certifying that the person is competent to maintain that MODU/surface within its permitted stability limits, and
(ii) where the ballast controls are located within the bridge or the space in which the deck watch is conducted, may be the person in charge of the deck watch;
(d) in the case of a MODU that is not bottom-founded, a sufficient number of persons to ensure a continuous deck watch, of whom the persons in charge shall each hold a watchkeeping mate certificate appropriate to the MODU;
(e) in the case of a MODU that is bottom-founded, a sufficient number of persons to ensure a continuous deck watch;
(f) a person in charge of the machinery who, where the MODU has a propulsive power of more than 750 kW, holds a maintenance supervisor certificate appropriate to the MODU; and
(g) a person in charge of the engineering watch who, where the MODU has a propulsive power of more than 750 kW, holds a certificate as a fourth-class engineer and a MODU certificate.
(2) A MODU/surface shall be provided with a sufficient number of qualified ballast control operators to ensure that the ballast control position is continuously crewed.
51. Every MODU that is not securely anchored in port or is not securely moored to shore shall maintain a deck watch in accordance with Parts I and II of TP 1018, Code of Nautical Procedures and Practices, published in 1985.
52. (1) The minimum deck watch required by this section shall be supplemented as required by the ordinary practice of seamen.
(2) Subject to subsection (3), each deck watch on a MODU shall consist of at least the following persons:
(a) a person in charge of the deck watch who
(i) is capable of properly operating the navigational and radio equipment with which the MODU is fitted,
(ii) where the MODU is more than 100 tons, holds a watchkeeping mate certificate appropriate to the MODU; and
(iii) if an electronic chart display and information system (ECDIS) accompanied by back-up arrangements is being used to fulfil the chart requirements set out in section 5 of the Charts and Nautical Publications Regulations, 1995,
(A) holds a certificate of the person's successful completion of training, at a recognized institution, in ECDIS operation, and
(B) has been provided by the master with written instructions in the operation of, and has been familiarized with, the ECDIS and back-up arrangements carried on board the MODU;
(b) an additional person who, where the MODU is 200 tons or more, holds an able seaman certificate or a bridge watchman certificate;
(c) where the MODU is more than 1 000 tons and is not securely anchored, moored or stationed in the dynamically positioned mode, a second additional person who holds an able seaman certificate or a bridge watchman certificate; and
(d) a person in charge of the radio watch who is qualified in accordance with section 25, unless the person in charge of the deck watch is so qualified.
(3) Where a MODU is engaged in drilling, the offshore installation manager may be counted as a member of the deck watch.
53. Every MODU shall maintain an engineering watch in accordance with TP 4071, Standard for Engineering Watchkeeping on Ships, published in 1983.
54. (1) The engineering watch of a MODU shall consist of
(a) where the MODU has a propulsive power of more than 750 kW, a person in charge of the watch who holds, at a minimum, a fourth-class engineer, motor ship, certificate;
(b) subject to subsections (2) and (3), where the MODU has a propulsive power of more than 750 kW, an engine-room assistant who holds an engine-room rating certificate or an engine-room assistant certificate; and
(c) an engine-room rating for each boiler room in which a mechanically fired, coal-burning boiler or a non-automatic, oil-burning boiler is fitted and in use who, where the MODU has a propulsive power of more than 750 kW and, subject to subsection (3), holds an engine-room rating certificate or an engine-room assistant certificate.
(2) Paragraph (1)(b) does not apply in the case of a MODU in which the machinery essential to the safe operation of the MODU has automatic operational features and safety features that, while in operation, lubricate the machinery from a supply of lubricant and fuel that is sufficient to enable the machinery to operate continuously at full load for a period of not less than 24 hours.
(3) The engine-room assistant and the engine-room rating are not each required to hold the certificate referred to in paragraph (1)(b) or (c) if
(a) three persons are assigned to the engineering watch; and
(b) either the engine-room assistant or the engine-room rating, but not both, is assigned to the engineering watch under training for the purpose of obtaining the certificate.
Ships That Are Securely Anchored in Port or
Securely Moored to Shore and Pleasure Crafts
55. (1) Every ship, other than a pleasure craft, that is securely anchored in port or securely moored to shore, shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.
(2) Subsection (1) does not apply in respect of a ship that does not normally maintain an engineering watch in port if
(a) the owner or person in charge of the ship makes sufficient and efficient alternative arrangements to secure the safety of life and the environment, taking into account Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code; and
(b) the requirements set out in section 58 are met.
56. (1) Every ship that is securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code.
(2) Subsection (1) does not apply in respect of a ship that does not normally maintain a deck watch in port if
(a) the owner or person in charge of the ship makes sufficient and efficient alternative arrangements to secure the safety of life and the environment, taking into account Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code; and
(b) the requirements set out in section 58 are met.
57. Every ship that is securely anchored in port or securely moored to shore shall maintain a continuous listening watch in accordance with section 8 of the VHF Radiotelephone Practices and Procedures Regulations, unless the ship is in a location where its presence does not constitute a hazard to passing ships.
58. (1) The master of a ship that has passengers on board and that is securely anchored in port shall be on duty as required by the ordinary practice of seamen.
(2) The complement of a ship that has passengers on board and that is securely anchored in port or securely moored to shore shall consist of at least the following persons:
(a) the persons required
(i) by Division 3 to form part of the life saving team,
(ii) by Division 4 to form part of the radio watch, in the case of a ship that is securely anchored,
(iii) to form part of the deck watch in accordance with subsection 56(1), and
(iv) by section 43 or 44 to be in charge of the engineering watch or the machinery of the ship; and
(b) where the ship is required by the Fire Detection and Extinguishing Equipment Regulations to be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations.
59. Pleasure crafts of 20 m or more in length shall, when under way, have on board and employ
(a) a master who holds, at a minimum, a master, limited certificate; and
(b) a person in charge of the deck watch who
(i) is capable of properly operating the navigational and radio equipment with which the craft is fitted and, where the craft is fitted with a ship station, holds a radio operator's certificate in accordance with section 25, and
(ii) where the craft is more than 100 tons, holds, at a minimum, a first mate, limited certificate that is appropriate for the class of ship and the area in which the craft operates.
Medical Examination of Seafarers
60. The definitions in this section apply in this Division.
"designated physician"
« médecin désigné »
"designated physician" means a physician who is knowledgeable about the work of a seafarer and is designated by the Minister.
"physician"
« médecin »
"physician" means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons.
"registered nurse"
« infirmière autorisée »
"registered nurse" means a nurse registered or licensed under the laws of a province.
"TP 11343"
« TP 11343 »
"TP 11343" means Transport Canada Standard TP 11343, Medical Examination of Seafarers -- Physician's Guide.
61. [Repealed SOR/2002-151]
62. (1) No person shall accept employment as a seafarer on board a ship of 200 tons or more that is making a foreign voyage or a home-trade voyage extending south of the parallel of latitude 36°00'N and that is employed in the transportation of cargo or passengers for the purpose of trade, unless the person holds a valid medical certificate issued under this Division.
(2) No person shall accept employment as a seafarer on board a fishing vessel of more than 25 tons that is making a fishing voyage, Class I or a fishing voyage, Class II, unless the person holds a valid medical certificate issued under this Division.
63. No person shall employ a person as a seafarer to whom this Division applies unless the person produces a valid medical certificate issued under this Division, attesting to the person's fitness
(a) to perform the duties for which the person is to be employed; and
(b) to make the voyage to be engaged in by the ship.
Physical and Mental Fitness
63.1 (1) A seafarer who meets the requirements of this section may obtain a medical certificate.
(2) The seafarer shall not have any of the following disabilities:
(a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;
(b) a disorder that could prevent the seafarer from reacting effectively while performing duties;
(c) a condition that could endanger others, taking into account the duration of voyages and the conditions on board ship;
(d) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or
(e) an active psychiatric disorder, including drug or alcohol dependence or abuse.
(3) The seafarer shall have
(a) adequate muscle strength to carry a mass of 22 kg;
(b) the physical capacity to wear breathing apparatus and life saving equipment; and
(c) adequate vision and hearing and the agility and strength to perform the duties of fire fighting, first-aid administration and ship abandonment in an emergency.
(4) Subject to subsections (5) to (7), the seafarer shall meet the physical requirements set out in section 6 of TP 11343.
(5) The vision and hearing requirements do not apply to an engineer who began acquiring qualifying service on a Canadian ship before July 30, 1997, if the engineer holds a certificate of competency issued before July 30, 2002.
(6) The colour vision requirements do not apply to a seafarer who
(a) is not required to hold a certificate to perform duties on board ship; or
(b) is required to hold one of the following certificates to perform duties on board ship:
(i) engine-room rating,
(ii) engine-room assistant,
(iii) ship's cook,
(iv) proficiency in survival craft,
(v) restricted proficiency in survival craft,
(vi) proficiency in oil tankers,
(vii) proficiency in chemical tankers,
(viii) proficiency in liquefied gas tankers, or
(ix) proficiency in compass deviation.
(7) The following seafarers are not required to meet the visual acuity requirements in each eye if they meet the requirements when both eyes are tested together:
(a) a seafarer who is not required to hold a certificate to perform duties on board a ship under these Regulations and who began to acquire service at sea before July 30, 1997; and
(b) a seafarer who, on July 30, 1997, held a certificate issued under the Masters and Mates Examination Regulations, C.R.C., c. 1446 and began to acquire the qualifying service for it before June 1, 1973, even if the seafarer exchanges it under section 5 of the Marine Certification Regulations or applies for a continued proficiency certificate under section 58 of those Regulations.
64. (1) Every applicant for a medical examination under this Division shall make an application to the physician or registered nurse referred to in section 65 in the form issued by the Minister.
(2) No medical examination shall be considered to have been conducted under this Division unless the application form has been submitted to the physician or registered nurse prior to the examination.
65. (1) Subject to paragraph 3(a) and subsection (4), only a designated physician may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer who requires a certificate to perform duties.
(2) Any physician may conduct an initial or periodic medical examination under this Division and may issue a medical certificate in respect of a seafarer who does not require a certificate to perform duties.
(3) Any physician may conduct a medical examination allowing a seafarer to return to duty after a medical absence of
(a) more than 14 days, where the seafarer requires a certificate to perform duties; and
(b) any duration, where the seafarer does not require a certificate to perform duties.
(4) If there is no designated physician within a 200-km radius of the area of operation of a ship that is operating in waters under Canadian jurisdiction, any physician or registered nurse may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer employed on the ship, whether the seafarer requires a certificate to perform duties or not.
66. The physician or registered nurse conducting a medical examination under this Division shall
(a) ensure that the seafarer meets the requirements of section 63.1;
(b) test the vision and hearing of the seafarer in accordance with section 7 of TP 11343; and
(c) take into account the recommendations and factors set out in section 5 of TP 11343.
67. A seafarer who is required to use an aid to vision or hearing to meet the requirements of TP 11343 shall
(a) use the aid to perform the seafarer's duties on board ship;
(b) in the case of an aid to vision, possess at least two of them; and
(c) in the case of an aid to hearing, possess replacement batteries for it.
68. (1) After completing the medical examination of a seafarer under this Division, a physician or registered nurse shall
(a) issue a medical certificate to the seafarer in the form established by the Minister; and
(b) provide a copy of it to the Minister.
(2) The physician or registered nurse shall set out in the medical certificate their assessment of the seafarer's suitability as
(a) unfit for service at sea;
(b) fit for service at sea with limitations; or
(c) fit for service at sea without limitations.
(3) A physician or registered nurse who assesses a seafarer as fit for service at sea with limitations shall state those limitations in the seafarer's medical certificate.
69. The Minister may direct that a medical certificate in a form other than the form established by the Minister, attesting to a seafarer's fitness for service at sea and issued by a marine industry association following a medical examination, be accepted for the purposes of this Division if it complies with the requirements set out in section 70.
70. (1) Except where a re-examination is required under section 71, and subject to subsections (2) and (3), a medical certificate remains in force beginning on the day of its issuance
(a) in the case of a seafarer at least 40 years of age who holds a certificate, for two years;
(b) in the case of a seafarer at least 60 years of age who does not hold a certificate, for two years; and
(c) in all other cases, for three years.
(2) If they consider it appropriate taking into account the state of health of the seafarer examined, the physician or registered nurse may issue a medical certificate that specifies a shorter period of validity.
(3) Where the period of validity of a medical certificate expires in the course of a voyage, the certificate remains in force until the end of the voyage, or until the end of an additional period of three months, whichever occurs first.
71. The Minister may at any time require the re-examination of a seafarer
(a) where the Minister has reason to believe that a re-examination is desirable to protect the safety of the ship or of other persons on board the ship;
(b) at the request of the seafarer; or
(c) at the request of the seafarer's employer, where the employer has grounds to believe that the seafarer's state of health may constitute a risk to the safety of the ship or of other persons on board the ship.
72. (1) A seafarer may apply to the Minister for a review by a reviewing physician of a medical certificate issued under this Division that indicates the seafarer to be
(a) unfit for service at sea; or
(b) fit for service at sea with limitations.
(2) The reviewing physician shall be a designated physician.
(3) After reviewing a medical certificate and the state of health of the seafarer to whom it was issued, the reviewing physician may direct that further medical examinations be carried out and may stipulate the examinations and the persons or organizations to carry them out.
(4) The reviewing physician shall
(a) confirm the medical certificate originally issued; or
(b) where appropriate, based on further examinations conducted pursuant to subsection (3), issue a new medical certificate in the form issued by the Minister.
73. (1) A seafarer who requested a review of a medical certificate may appeal to the Minister for a further review of the case by an appeal board if the medical certificate confirmed or issued by the reviewing physician indicates that the seafarer is
(a) unfit for service at sea; or
(b) fit for service at sea with limitations.
(2) An application for a review by an appeal board shall be accompanied by a review fee of $25.
(3) On appeal by a seafarer pursuant to subsection (1), the Minister shall appoint an appeal board composed of at least
(a) a representative of the Minister;
(b) a representative proposed by the employer of the seafarer; and
(c) a representative proposed by the seafarer.
(4) Every appeal board shall be assisted in its deliberations by a physician selected from the designated physicians list by the representatives referred to in subsection (3).
(5) An appeal board has the same power as a reviewing physician and may
(a) confirm the medical certificate issued or confirmed by the reviewing physician; or
(b) where appropriate, based on its deliberations, issue a new medical certificate in the form established by the Minister.
(6) An appeal board shall record its decision and the reasons for it in writing and send a copy of it to the Minister, to the seafarer and to the employer of the seafarer.
74. The costs of a medical examination conducted as a result of a review under section 72 or an appeal under section 73 shall be borne by the applicant seafarer.
REQUIREMENTS FOR NON-CANADIAN SHIPS
75. The definitions in this section apply in this Part.
"Administration"
« Administration »
"Administration", in respect of a ship, means the Government of the State whose flag the ship is entitled to fly.
"coasting trade"
« cabotage »
"coasting trade" has the meaning assigned in subsection 2(1) of the Coasting Trade Act.
76. (1) Subject to subsection (2), this Part applies in respect of ships that are not Canadian ships.
(2) Only section 80 applies in respect of pleasure crafts.
77. (1) Subject to subsection (3), every master, mate, engineer and person who forms part of an engineering or deck watch on a ship shall hold a certificate that is
(a) issued under the STCW;
(b) appropriate to the duties performed by that person on the ship;
(c) endorsed by the issuing State as meeting the provisions of the STCW; and
(d) valid under the STCW for the ship and the voyage on which the ship is engaged.
(2) The requirements of chapter V of the STCW apply to persons who are employed on oil tankers, chemical tankers and liquefied gas tankers in the capacities, or to perform the duties, referred to in that chapter.
(3) A person who forms part of a deck watch may, instead of holding the certificate referred to in subsection (1), hold a certificate as an able seaman or an efficient deckhand that is
(a) issued under the Able Seaman Convention;
(b) appropriate to the duties performed by that person on the ship; and
(c) appropriate to the voyage on which the ship is engaged.
78. (1) This section does not apply in respect of
(a) troopships;
(b) fishing vessels;
(c) sailing vessels;
(d) cargo ships, and tow-boats, of less than 500 tons; or
(e) ships engaged on local voyages, inland voyages or minor waters voyages.
(2) A Safety Convention ship shall carry on board a Safe Manning Document issued under the Safety Convention.
(3) Every ship that is engaged in the coasting trade and every ship that is not a Safety Convention ship shall carry on board a document issued by the Administration and containing, in English,
(a) the following identification information about the ship:
(i) its name,
(ii) its port of registry, and
(iii) its official number;
(b) a table showing
(i) the number of members of the complement,
(ii) the levels of certificates to be held by the members of the complement, and
(iii) any conditions or limitations on the certificates referred to in subparagraph (ii);
(c) a statement by the Administration that the ship named in the Document is safely crewed when it carries not less than the complement whose members hold the certificates shown in the Document, subject to any conditions or limitations stated on the certificates;
(d) a statement as to any conditions or limitations on the validity of the Document by reference to particulars of the ship and the nature of the service in which it is employed;
(e) the date of issue and the expiry date, if any, of the Document together with a signature on behalf of, and the seal of, the Administration; and
(f) in the case of a ship engaged in the coasting trade, an endorsement issued by the Department of Transport that
(i) contains a statement that the document issued by the Administration meets the requirements of Part 1, or
(ii) sets out the requirements that the ship shall follow to meet the standard of crewing set out in Part 1.
79. (1) Every Safety Convention ship shall comply with
(a) the safe manning requirements established for the ship by the Administration and by International Maritime Organization Resolution A.481(XII), entitled Principles of Safe Manning and adopted on November 19, 1981, as amended from time to time; and
(b) the radio watch requirements of section 23 and paragraphs 24(b) to (d).
(2) Subject to subsection (3), every ship engaged in the coasting trade and every ship that is not a Safety Convention ship shall comply with
(a) Division 2 of Part 1 in respect of hours of rest;
(b) in respect of radio watches,
(i) in the case of a ship engaged in the coasting trade, sections 24, 25 and 26, and
(ii) in the case of a ship that is not a Safety Convention ship, paragraphs 24(b) to (d), section 26 and the provisions for safe manning contained in the document issued by the Administration and referred to in subsection 78(3);
(c) in respect of deck watches,
(i) sections 38 to 41, where the ship is self-propelled and is not securely anchored in port or securely moored to shore,
(ii) sections 51 and 52, where the ship is a MODU that is not self-propelled or is a self-propelled MODU that is stationary and engaged in drilling, and
(iii) sections 52 to 58, where the ship is securely anchored in port or securely moored to shore; and
(d) in respect of engineering watches,
(i) sections 42 to 44, where the ship is self-propelled and is not securely anchored in port or securely moored to shore,
(ii) sections 53 and 54, where the ship is a MODU that is not self-propelled or is a self-propelled MODU that is stationary and engaged in drilling, and
(iii) sections 55 to 58, where the ship is securely anchored in port or securely moored to shore.
(3) Where the provisions referred to in subsection (1) require a person to hold a certificate issued under the Marine Certification Regulations, the certificate required under this Part shall be
(a) the certificate issued by the Administration of the ship that is equivalent to the certificate required under the Marine Certification Regulations; and
(b) endorsed as meeting the requirements of the STCW.
80. Pleasure crafts of 20 m or more in length shall, when under way, have on board and employ a person in charge of the deck watch who
(a) is capable of properly operating the navigational and radio equipment with which the craft is fitted and, where the craft is fitted with a ship station, holds a radio operator's certificate in accordance with section 25; and
(b) where the craft is more than 100 tons, holds, at a minimum, a first mate, limited certificate that is appropriate for the class of ship and the area in which the craft operates.
(Subsection 40(5))
A ship shall be equipped with toilet facilities adjacent to the navigating bridge of the ship, for the use of the deck watch, and the bridge shall be fitted with
(a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which is located
(i) helm, speed, whistle and general alarm controls,
(ii) a shaft revolution and direction indicator for each shaft,
(iii) a propeller pitch indicator for each controllable pitch propeller,
(iv) a rudder angle indicator for each independently controlled rudder,
(v) a compass or compass repeater,
(vi) a radar display and its associated controls and plotting facilities,
(vii) a clock, and
(viii) a facility for the primary control and use of
(A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and
(B) the internal communications systems that are required to be fitted in the ship;
(b) an automatic steering device that incorporates manual override and a course recorder;
(c) an electronic two-way voice communication system that is operable in the absence of the ship's main source of power and connects the conning position with
(i) the master's accommodation,
(ii) the chief engineer's accommodation,
(iii) each berth in which a person assigned to a deck watch is berthed,
(iv) each mess and recreation room, or each accommodation passageway, and
(v) a position close to the main engine controls;
(d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on ships where an efficient fire patrol system is carried out in those spaces by persons who are not assigned to the deck watch;
(e) an automatic warning system that will immediately indicate on the bridge the loss of the watertight integrity of any bow, side or stern door that is designed for the passage of vehicles;
(f) remote monitoring and control devices that
(i) indicate the soundings of, and excessive levels in, all ballast tanks and bilges,
(ii) control the pumping of all of the ballast tanks and bilges, and
(iii) control the ventilation of cargo spaces, except where those duties are performed by persons who are not assigned to the deck watch;
(g) a device that can automatically sound the fog signals required by the Collision Regulations;
(h) centralized controls and automatic monitoring of two independent systems of permanently installed navigation lights that comply with the Collision Regulations; and
(i) light lunch facilities.
SOR/97-390 28 July 1997, pursuant to paragraphs 110(1)(c), (j) and (k), section 112 and paragraphs 338(1)(o) and 562.1(1)(b) and (c) of the Canada Shipping Act, in force July 30, 1997.
Modified by
SOR/2002-151 11 April, 2002 pursuant to paragraphs 110(1)(c), (j) and (k), section 314.1 and paragraphs 338(1)(o) and 562.1(1)(b) and (c) of the Canada Shipping Act and subparagraph 12(1)(a)(iv) of the Arctic Waters Pollution Prevention Act come into force April 11, 2002.
The definitions "STCW" and "waters under Canadian jurisdiction" are replaced and "seafarer" added in alphabetical order to Subsection 1(1); paragraphs 3(a) to (c) are added after Subsection (2) of section 1; Sections 2.1 and 2.2 are added after section 2; the portion of paragraph 3(1)(b) of the French version before subparagraph (i) is replaced; Subsection 3(1) is amended by striking out "and" at the end of subparagraph (b)(ii) and by adding paragraph (b.1) after (b); the portion of subsection 3(2) if the French version before paragraph (a) is replaced; the portion of section 6 of the French version before paragraph (a) is replaced; Subsection 21(3) is replaced; section 21.1 is added after section 21; Subsection 23(2) repealed; Paragraph 24(d) is replaced; Subsection 25(1) is replaced; The portion of subsection 31(2) before paragraph (a) is replaced; section 37.1 and the heading before it are added after section 37; Section 38 is replaced; Section 42 is replaced; Sections 55 and 56 are replaced; The definition "seafarer" in section 60 is repealed; Section 60 is amended by adding in alphabetical order: "registered nurse"; Section 61 and the heading before it are repealed; The portion of section 63 before paragraph (a) is replaced; Section 63.1 added after section 63; Section 64 is replaced; Subsection 65(1) is replaced; Section 65(4) is added after subsection (3); Section 66 is replaced; Section 67 is amended by striking out "and" at the end of paragraph (a) and by replacing paragraph (b); Section 68 is replaced; Subsection 70(2) is replaced; the words "yacht" and "yachts" replaced with the words "craft" and "crafts" in the following provisions: paragraph 7(2)(c); paragraph 12(a); section 16; paragraph 27(2)(c); the heading of Division 7; section 59 and the heading before it; subsection 76(2); and section 80 and the heading before it.
SOR/2005-136 May 10, 2005 pursuant to subsections 110(1) and 562.1(1) of the Canada Shipping Act, come into force May 10, 2005.
Paragraph 40(2)(a) is amended by striking out the word "and" at the end of subparagraph (i), by adding the word "and" at the end of subparagraph (ii) and by adding subparagraph (iii); Paragraph 52(2)(a) is amended by striking out the word "and" at the end of subparagraph (i), by adding the word "and" at the end of subparagraph (ii) and by adding subparagraph (iii).
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