Vol. 140, No. 46 — November 18, 2006

Marine Personnel Regulations

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The proposed Marine Personnel Regulations will be made pursuant to the Canada Shipping Act, 2001 (CSA 2001). This regulatory proposal includes the repeal of the existing Ships' Crews Food and Catering Regulations, the Crewing Regulations and the Marine Certification Regulations. The objectives of the CSA 2001 that will be advanced by the proposed Regulations are promoting of a safe and efficient marine transportation system that includes protecting the health and well-being of individuals and crew, ensuring that Canada meets its international obligations, and encouraging the harmonization of marine practices.

Part 1 of the proposed Regulations would apply to applicants for a certificate of competency or endorsement. Part 2 would apply to all Canadian vessels everywhere and foreign vessels in Canadian waters. Except where specified, Part 3 would apply to Canadian vessels everywhere, foreign vessels in Canadian waters, and seafarer recruitment and placement services that recruit or place crew for vessels on near coastal voyages, Class 1, and unlimited voyages, and for foreign vessels. It is important to note that the proposed Regulations would not apply to pleasure craft in any way.

Parts 1 and 2 of the proposed Regulations revise and bring up to date the existing requirements for qualifications, training and certification of crew members and the requirements for the appropriate marine personnel on board vessels for safe and efficient operation. Part 1, entitled "Certification," prescribes for each certificate the required experience, the types of training certificates to hold or to obtain, any required testimonials, and the required examinations leading to a particular certificate of competency. Part 2, entitled "Crewing," sets out the requirements for the minimum complement that are applicable to Canadian vessels and foreign vessels in Canadian waters.

The new Part 3, entitled "Maritime Labour Standards," establishes the labour working conditions and requirements on board vessels. These requirements are consistent with the Maritime Labour Convention, 2006 (the Convention), adopted in February 2006 by the International Labour Organization (ILO). The Convention consolidates previous ILO conventions and recommendations. Canada has already ratified most of these existing conventions and the new Convention is to be added to Schedule 1 to the CSA 2001 to allow for its ratification. These standards received considerable support from the national working group comprised of representatives of industry (ship owners) and labour (seafarers). Titles 1, 2, 4, and 5 of the Convention, which are "Minimum Requirements for Seafarers to Work on a Ship," "Conditions of Employment," "Health Protection, Medical Care, Welfare and Social Protection" and "Compliance and Enforcement," respectively, will be implemented, in part, by Part 3 of the proposed Regulations.

The proposed Regulations, except Division 2 (Seafarer Recruitment and Placements Services) and Division 6 (Maritime Labour Certificates and Declarations of Compliance) of Part 3, will come into force on the day on which section 2 of the CSA 2001 comes into force. Divisions 2 and 6 will come into force on the day on which Canada and the ILO exchange the instruments of ratification of the Maritime Labour Convention, 2006.

Part 1 — Certification

Proposed changes from the existing Regulations

The proposed certification system under Part 1 is based on the philosophy that certificates should be generic in nature and should apply to all vessels of the type described.

The following changes would be made to the regulatory regime by the proposed Regulations. One element to note is that the proposed Regulations introduce a more comprehensive certification scheme for deck certificates with two different streams: a domestic stream, and a stream that is endorsed by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). The domestic stream includes the Master, Limited; Master 150 Gross Tonnage; Master 500 Gross Tonnage; Master 3 000 Gross Tonnage; Chief Mate Limited; Chief Mate 150 Gross Tonnage, and the Chief Mate 500 Gross Tonnage certificates. The STCW endorsed stream includes the Watchkeeping Mate Near Coastal, Watchkeeping Mate, Chief Mate Near Coastal, Chief Mate, Master 500 Gross Tonnage Near Coastal, Master 3 000 Gross Tonnage Near Coastal, Master Near Coastal, and Master Mariner certificates. The exams and courses for these two streams would be the same, with the main difference being the size of vessel and the type and length of sea service required to get an STCW endorsement. This would establish clear links between the domestic and STCW streams, which would allow seafarers to move between the two by obtaining additional sea service.

The proposed certification regime would create new certificates and endorsements and discontinue others. Also, the provision that allows maintenance supervisors for mobile offshore units (MOUs) to work as fourth-class engineers would be removed. The qualifications for personnel on MOUs would be a separate certificate stream. The requirements for these certificates are based on International Maritime Organization (IMO) Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units. The adoption of these recommendations in these proposed Regulations would provide an international standard for personnel on MOUs, aimed at ensuring adequate levels of safety of life and property at sea and of protection of the marine environment.

A significant change to the way the certification system would be handled is that continued proficiency certificates would no longer exist. Certificates that expire would have to be replaced; however, some certificates would be valid for life. Certain exams completed for the purpose of obtaining a certificate would also be valid for life once the certificate is obtained. Most certificates issued before the coming into force of the proposed Regulations would have to be exchanged for the equivalent new certificate when they expire.

It is proposed that the minimum age for accumulating sea service be raised to 16 years of age, except for sea service acquired on a fishing vessel in a family enterprise, which will remain at 15 years of age.

Certain exam prerequisites and procedures set out in the Transport Canada (TC) publication The Examination and Certification of Seafarers, TP 2293, would now be expressly required by the proposed Regulations.

The qualifying service requirements would more closely match the STCW structure. For example, sea service accumulated after obtaining a Watchkeeping Mate certificate counts not only for Chief Mate certificates but also for Master certificates. In addition, qualifying service would now need to be on vessels above 500 gross tonnage for STCW Chief Mate and Master certificates (Chief Mate Near Coastal and Unlimited, Master Near Coastal and Unlimited, and Master 3 000 Gross Tonnage).

The substitution of approved courses and programs for certain exams and certain qualifying service would be accepted by the Minister in the circumstances set out in the proposed Regulations. Qualifying service requirements for some certificates would be reduced if an applicant is enrolled in, and has successfully completed, the specified approved training program. In addition, qualifying service may be reduced for certain certificates if the applicant has completed an approved program of on-board training.

The calculation of sea service would be clarified to explain that service for watches of other than 8 hours per calendar day would be prorated based on a 12-hour watch equalling 1 and 1.5 days of sea service.

Sea service requirements for the renewal of a certificate or endorsement would be the same as they are under the current regime. The exception would be that a renewal applicant may obtain 3 months of service within the 12-month period before the application date for renewal, as opposed to the current requirement under the Marine Certification Regulations that the 3 months of service be performed immediately before the application for renewal. A provision has been added in the sections of the proposed Regulations dealing with renewals that would allow a certificate holder to qualify by performing 24 months of service in the 5 years before the application date for renewal. This service would have to be as an officer or representative of a trade union, as defined in the Canada Labour Code, whose duties include involvement with marine casualty investigations, liaising with TC or the Transportation Safety Board of Canada (TSB), and participating in the development of policy related to the training of ship's officers. Also, with regard to renewals, conditions have been added for supervisors of oil, chemical, or liquid gas transfers.

The option for direct examination would be offered for Canadian citizens and permanent residents holding certain certificates not issued by TC.

The proposed Regulations would introduce a Master 150 Gross Tonnage, Domestic certificate, which would be valid on voyages up to near coastal, Class 2, or, if endorsed accordingly, near coastal, Class 1, limited to the waters contiguous to Canada, the United States (except Hawaii) and Saint-Pierre and Miquelon. The Chief Mate 150 Gross Tonnage, Domestic certificate would also be added for the same voyages.

The following certificates would be added in response to requests made by domestic stakeholders: Master 500 Gross Tonnage Domestic, Chief Mate 500 Gross Tonnage Domestic, and Master 3 000 Gross Tonnage Domestic. These certificates would be valid between ports in Canada, the United States (except Hawaii), and Saint-Pierre and Miquelon.

The certificate entitled "Certificate of Service as Master of a Fishing Vessel of less than 60 gross tonnage" would also be introduced. Some of the requirements for this certificate have been reduced from the original proposal following consultations and in response to stakeholder requests.

The following certificates would be renamed for clarity and compliance with the STCW Convention: Oil Tanker Level 1, Oil Tanker Level 2, Chemical Tanker Level 1, Chemical Tanker Level 2, Liquefied Gas Tanker Level 1, Liquefied Gas Tanker Level 2, Ro-Ro Passenger Level 1, and Ro-Ro Passenger Level 2.

Certificate and endorsement tables

The requirements for obtaining each individual certificate are set out in tabular form in the proposed Regulations. Each table sets out the training certificates, examinations, and courses prescribed for each certificate or endorsement of the following types: Masters and Mates, Engineers, Small Vessel Machinery Operator, Proficiency in Fast Rescue Boats, Passenger Safety Management, Oil, Chemical and Liquefied Gas Tanker Familiarization, Supervisor of an Oil, Chemical and Liquefied Gas Transfer Operation, Advanced Oil, Chemical and Liquefied Gas Tanker Safety, High Speed Craft (HSC) Type Rating, Air Cushion Vehicle (ACV) Type Rating, Able Seaman, Bridge Watch Rating, Engine-room Rating, Ship's Cook, Compass Adjuster, Sailing Vessel, Offshore Installation Manager, Barge Supervisor, Maintenance Supervisor, and Ballast Control Operator. The requirements for the Vessel Security Officer Proficiency certificate are set out in the Marine Transportation Security Regulations made under the Marine Transportation Security Act.

Part 2 — Crewing

Proposed changes from the existing Regulations

The proposed Regulations would make the following changes to the regulatory regime:

Before starting to fulfill any duty on a vessel, a person assigned any function on that vessel would have to receive on-board familiarization and safety training in relation to that vessel.

Every member of the crew assigned to safety or pollution prevention duties would have to obtain a training certificate in marine emergency duties (MED) with respect to STCW basic safety, except for vessels engaged on a sheltered waters voyage or a near coastal voyage, Class 2. In most cases, crewmembers of vessels on sheltered waters voyages and near coastal voyages, Class 2, have up to 6 months to get a MED training certificate with respect to basic safety. However, a member of the complement of a vessel that is 8 m or less in length, that carries no passengers or 6 or fewer passengers, that is engaged on a sheltered waters voyage, and that is not a tug nor a fishing vessel, would not have to obtain a training certificate in MED where the person who has conduct of the vessel holds a Pleasure Craft Operator Card issued under the Competency of Operators of Pleasure Craft Regulations made pursuant to the Canada Shipping Act (CSA).

Every person assigned to a fire team on the muster list would no longer need MED training with respect to survival craft. Only persons assigned on the muster list to the preparation or launching of survival craft, other than a manually launched life raft or manually launched inflatable rescue platform, would need survival craft training in the form of a training certificate with respect to proficiency in survival craft and rescue boats other than fast rescue boats.

The proposed Regulations would specify that the Marine Transportation Security Regulations would establish when the presence of someone with a Vessel Security Officer Proficiency certificate would be required.

A physician would be required for Canadian vessels, other than fishing vessels, that carry 100 or more crewmembers and that are engaged on a near coastal voyage, Class 1, or an unlimited voyage of more than 3 days in duration. Vessels on a near coastal, Class 1, voyage or an unlimited voyage of more than 3 days in duration that do not require a physician because they have less than 100 crewmembers must have someone in charge of medical care who is qualified according to the STCW Convention. The person in charge of medical care may be a member of the crew ordinarily assigned to other duties of a position listed on the Safe Manning Document. A person designated to provide medical first aid, who would be required to hold a basic or advanced certificate of proficiency in marine first aid, would be required for all voyages.

The required number of persons who hold certificates, per lifeboat, would be changed to 2 persons for boats with a capacity of less than 50 people, and 3 for boats with a capacity of more than 50 people. For vessels on sheltered waters voyages, there would have to be at least 1 person who holds a certificate for every 2 inflatable life rafts or inflatable rescue platforms that have a capacity of 25 people or less, and at least 1 for each life raft or inflatable rescue platform that has a capacity of more than 25 people.

The requirement for a safe manning document would apply not only to Safety Convention vessels, but would also apply to other vessels that are required to carry an inspection certificate.

All vessels that are not pleasure craft, regardless of size, would now be required to have a person in charge who holds some form of certification. This is in response to TSB recommendations.

The validity of master and mate certificates in the new regime would be based on the new voyage classifications and the revised tonnage limits applicable to them.

The proposed Regulations introduce a Small Vessel Operator Proficiency training certificate for small vessels. It would be valid on vessels up to 5 gross tonnage (except tugs and cable ferries) and fishing vessels up to 15 gross tonnage or 12 m length overall, with limits specified on the certificate of sheltered waters voyages and near coastal voyages, Class 2. Operators of vessels less than 8 m carrying fewer than 6 passengers, or no passengers at all, (except tugs, cable ferries and fishing vessels) would be able to hold a Pleasure Craft Operator Card when on a sheltered waters voyage.

The requirement to have a Chief Mate would be changed to vessels of 500 gross tonnage or more, up from vessels larger than 200 gross tonnage. The requirement for a Chief Mate on vessels that carry more than 50 passengers would remain.

Vessels of open construction and vessels with outboard engines that are not permanently attached would be exempt from the requirements for engineers, in addition to the existing exemption for vessels less than 5 gross tonnage.

The proposed Regulations would make some changes to the lower ranking engineer certificates. A holder of a Small Vessel Machinery Operator certificate could act as an engineer on passenger vessels with a propulsive power between 75 kW and 749 kW engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2. A Small Vessel Machinery Operator certificate would also be accepted for the following vessels engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2, on voyages of less than 6 hours duration if certain conditions are met: a passenger vessel with a propulsive power between 750 kW and 1 499 kW, a cargo vessel between 750 kW and 1 999 kW, a tug between 1 500 kW and 2 999 kW, and a harbour tug that is less than 500 gross tonnage. Also, a Fourth Class Engineer would now be allowed as chief engineer on some types of vessels on sheltered waters voyages and near coastal voyages, Class 2.

Engineer requirements for fishing vessels engaged on near coastal voyages, Class 2, and sheltered waters voyages would be introduced. These requirements would be less stringent than the existing requirements for fishing vessel.

In the case of dual-capacity situations, the exemption for ferries from having a second crewmember when there are passengers competent to operate the vessel would be removed.

Where a ro-ro passenger vessel is more than 500 gross tonnage and is on a voyage other than a sheltered waters voyage, the master, chief mate, chief engineer, second engineer, and anyone involved in loading, discharging, or securing cargo, closing hull openings, or ensuring passenger safety in an emergency, would be required to have a Specialized Passenger Safety Management (Ro-Ro Vessels) certificate or endorsement.

Everyone on board a ro-ro passenger vessel over 500 gross tonnage on a voyage other than a sheltered waters voyage who is involved in assisting passengers in an emergency, providing direct service to passengers in passenger spaces, or embarking or disembarking passengers, must have a Passenger Safety Management certificate or endorsement. This is also the case for people on the muster list of passenger ships other than ro-ro vessels.

The proposed Regulations would update provisions with respect to MOUs to reflect current international provisions. Also, training and familiarization requirements would be added for all personnel on an MOU. In addition, a requirement to have sufficient persons who hold certificates on board to man the rescue boats and lifeboats that are required to be carried for the evacuation of all persons on board would be added.

Additional information would be required on the Safe Manning Document for foreign vessels that are not Safety Convention vessels. Foreign vessels that are Safety Convention vessels, except specified MOUs, have to comply with the requirements for hours of rest found in the STCW Code, which provide for more hours of rest than the previous requirement.

For passenger vessels anchored in port or securely moored to shore, crewing requirements would have to be followed as if the vessel was at sea.

Requirements for special purpose craft, such as air cushion vessels (referred to in the existing Regulations as "air cushion vehicles") and sailing vessels would be added to the regulatory scheme.

A provision related to the principal communicator would be clarified in order to address comments received from the Standing Joint Committee for the Scrutiny of Regulations with respect to provisions contained in the existing Regulations.

Requirements for medical certificates would now refer to the joint publication from the ILO and the World Health Organization (WHO) entitled Conduction of Pre-Sea and Periodic Medical Fitness Examination for Seafarers, 1997. This means that medical examinations would have to take into account the duties that seafarers would have to perform on board to determine which of various standards would apply to the seafarer. A medical examination would not be required for a Master or Chief Mate, Limited less than 60 gross tonnage, a Certificate of Service as Master of a Fishing Vessel of Less than 60 Gross Tonnage, a Small Vessel Machinery Operator, and a Compass Adjuster. The examination would also not be required for most members of a crew who are not required to hold a certificate on board a fishing vessel, a vessel on a sheltered waters voyage or near coastal voyage, Class 2, or a vessel of less than 200 gross tonnage, unless the vessel is engaged on an international voyage.

The proposed Regulations set out that a seafarer who has received a provisional medical certificate stating that they are fit with limitations for service at sea or who has received a provisional letter of refusal to issue a provisional medical certificate may request a reconsideration of their certificate or letter from the Minister. The proposed Regulations also set out that the employer or prospective employer may request a review of the provisional medical certificate from the Minister. The Minister, upon receiving a request for a review and if the Minister has reason to believe that the provisional medical certificate is incomplete or erroneous, shall take at least one of the following three actions: direct that further medical examinations or tests be carried out, consult any expert on marine occupational or medically related subject matters, or name a review committee. The establishment of any medical reconsideration committee would permit a medical re-evaluation of a seafarer and a re-evaluation of the operational and occupational requirements that apply to the seafarer's position, as well as the formulation of recommendations to the Minister, taking into account the level of risk involved and all pertinent considerations linked to human rights. The Minister's decision to issue a Canadian maritime document, in the form of a medical certificate stating that a seafarer is fit for service with or without limitations or that a seafarer is unfit for service at sea, may be appealed to the Transportation Appeal Tribunal of Canada.

Part 3 — Maritime labour standards

Part 3 of the proposed Regulations consists of seven divisions, each of which describes requirements under the maritime labour standard.

Division 1 — Requirement regarding age

The minimum age of crewmembers on Canadian vessels would be increased from 15 years of age, as required by the CSA, to 16 years of age to reflect the requirements of the Convention. This Division would also stipulate the master's special obligations regarding hours of work and rest when employing persons less than 18 years of age.

Division 2 — Seafarer recruitment and placement services

Seafarer's recruitment and placement services that operate in Canada would be required to apply for, obtain, and maintain a licence of operation. The procedures and conditions to obtain a licence are set out in the proposed Regulations. The low number of these services means that these provisions would have a negligible impact. Additionally, this Division would require authorized representatives to ensure that a recruitment and placement service does not recruit or place persons for work on their vessels unless the operator of that service holds a licence or is otherwise compliant with the Convention.

Division 3 — Conditions of employment

The master of a Canadian vessel of 100 gross tonnage or more that engages on any voyage, as well as the master of any Canadian vessel that engages on unlimited voyages, would be required to enter into articles of agreement under section 91 of the CSA 2001.

This Division would set out conditions of employment on a vessel that, when read in conjunction with the relevant provisions of the CSA 2001, would be similar to the existing requirements under the CSA. In addition, some requirements would be improved over their current form. This Division details the manner in which specified working conditions would be administered by the master, the shipowner or the authorized representative. Items covered range from wages to shore leave permission. Specific changes or additions include those relating to hours of work and rest for unlimited voyages and food being served. The vessel workplace arrangements for crewmembers would be clearly articulated and equitably applied. Simplified record keeping would be required in order to enhance personnel administration and information availability. The requirement in the existing Ship's Crews Food and Catering Regulations to comply with the Canadian Seaman's Rations Table would be replaced by a requirement that crewmembers who live on board certain Canadian vessels would be able to meet the recommendations set out in Canada's Food Guide to Healthy Eating.

Division 4 — Separate hospital accommodation

This Division would require certain Canadian vessels to have separate hospital accommodations on board.

Division 5 — On-board complaint procedures

Crewmembers of Canadian vessels on specified voyages would be able to avail themselves of on-board complaint procedures with respect to matters of employment. These procedures would provide for the prompt resolution of complaints. This procedure would not apply to complaints to which section 127.1 (Internal Complaint Resolution Process) of the Canada Labour Code applies, and it would be complementary to any other complaint procedure to which a crewmember may have recourse.

Division 6 — Maritime Labour Certificates and Declarations of Compliance

Canadian vessels of 500 gross tonnage or more and engaged on an international voyage would be required to hold a Maritime Labour Certificate, and the authorized representatives of those vessels would be required to hold a Declaration of Maritime Labour Compliance. Twelve months after the day on which Canada and the ILO exchange the instruments of ratification of the Convention, those requirements would apply in respect of foreign vessels of 500 gross tonnage or more in Canadian waters. Maritime Labour Certificates and Declarations of Maritime Labour may also be issued on application in respect of Canadian vessels that are not required to have these documents.

The Maritime Labour Certificates and Declarations of Maritime Labour Compliance would provide a type of quality assurance system to ensure compliance with the Convention. These documents would also demonstrate compliance with the Convention for the benefit of crewmembers and to expedite government inspections in countries that have ratified the Convention. This would encourage the authorized representatives of Canadian vessels to voluntarily apply for the documents.

Conditions of issuance of the certificates and the declaration and the requirements to maintain the certificate are specified in the proposed Regulations. The records, location and availability of the certificates and the declaration are also specified.

Division 7 — Log books

This Division would stipulate that the master of a Canadian vessel of 100 gross tonnage or more that is engaged on certain voyages would be required to keep specified information in an official log book. This Division would also specify the location, transfer procedures and retention period of official log books. More information would need to be recorded than is required under the existing CSA. One major impact for TC is that the onus and burden of record keeping will shift from TC to the masters of vessels. The authorized representative of a vessel will be the custodian of completed official log books.

Alternatives

The proposed Regulations are viable and feasible alternatives to the current certification and crewing requirements. Due to Canada's international obligations and commitments, the current regime cannot remain in its present form. The results of extensive stakeholder consultations support this regulatory initiative. The modernization of crewing and certification regimes and the introduction of a comprehensive labour standard were found to be essential initiatives to comply with the objectives prescribed by the CSA 2001. Specifically, this includes the objective to develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce for Canada and Canadians, as well as the objective to comply with international agreements.

Benefits and costs

Benefits

The approach behind the proposed certification and crewing provisions would enhance the ability of individual crewmembers to move from one type of operation to another inside the marine sector. It will provide the flexibility for seafarers to obtain further knowledge, skills, and formal training, and will provide the option for seafarers to work in other marine sectors, which will give them the opportunity to acquire a different or a more advanced marine certificate. The certification scheme will be more comprehensive and will be compliant with international conventions in order to meet Canada's commitments.

The proposed restructuring of medical examinations for seafarers would clarify the review procedure for a provisional medical certificate or provisional letter of refusal to issue a provisional medical certificate. The Minister would confirm or modify these provisional documents by delivering a letter of refusal to issue a medical certificate or a Canadian maritime document in the form of a medical certificate. The proposed Regulations would also clarify what legal proceeding is available before the Transportation Appeal Tribunal of Canada; namely, an appeal of a decision by the Minister to issue a medical certificate declaring the seafarer fit with limitations for service at sea. In addition, the proposed Regulations would clearly stipulate that the medical evaluation of seafarers by the Minister shall, among other things, take into account relevant human rights considerations as enunciated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

Medical examinations would no longer be obligatory for seafarers who are not required to hold a certificate of competency on vessels less than 200 gross tonnage and not engaged on an international voyage. This exemption from a medical examination would also be extended to all members of the complement of fishing vessels who do not require a certificate of competency. According to TC's Ship Registry, the number of vessels affected by this de-regulation is estimated at 4 587. The average cost for a medical examination is approximately $125. With an average of 3 seafarers on these vessels, the estimated cost savings every 2 years would be over $1,720,000. The extent of these cost savings would have a significant impact on the marine sector.

Costs

Fees for such items as examinations and certificates would not be changed from what they are currently and, as a result, the cost to the average seafarer would remain the same. The exception to this would be those seafarers who choose to take additional exams in order to upgrade their certificates under the current regime by exchanging them for new certificates under the new regime. Those seafarers would have to incur the costs of the additional exams, which would cost the same as if the applicant were to take the exams for some other purpose.

The proposed Regulations require some form of certification to operate all sizes of vessels, whereas the existing Regulations do not have a requirement for vessels of 5 gross tonnage or less. However, TC policy, which is supported by the existing Crewing Regulations, states that crewmembers must have some form of MED training. The cost of this training certificate will be directly payable to the recognized institution that issues it.

Every action that would be taken by the Minister under subsection 278(2) of the proposed Regulations would be administered by Marine Safety. The funds required for coordination and administration of the program are estimated to be $150,000 annually. The associated costs to develop standards for seafarers' medical examinations is estimated to be $150,000 annually for a minimum of 5 years. Priority will be given to the development of standards that would complete the guidelines in the ILO/WHO publication entitled Guidelines for Conduction of Pre-Sea and Periodic Medical Fitness Examination for Seafarers, 1997, for medical evaluation of various health problems such as mental illness, cardiovascular conditions, diabetes, and use of medication such as mood-related drugs.

The proposed Regulations would require the issuance of medical certificates by TC and a new format for certificates. There is an initial cost to the Department, which is estimated to be approximately $250,000, to develop and adjust the issuance system. The ongoing funding requirement for the additional issuance of certificates and Information Management/Information Technology (IM/IT) infrastructure support is estimated at $150,000 per year. Other initial costs in respect of the proposed Regulations include an estimated $350,000 for, among other things, the training of more than 350 marine medical examiners throughout Canada in order to permit them to update their knowledge and give them a good understanding of the requirements of the proposed Regulations. Any additional costs that will be incurred by TC in support of this regulatory initiative will be absorbed within the Department.

Recruiting and placement services would be required to establish a quality assurance system as a condition of obtaining a license. This would require the development of their own system, or use the generic system that TC is developing to help mitigate some of the costs of this requirement. The low number of these services in Canada would mean that the cost to the marine industry would be not particularly significant.

Consultation

Stakeholders have been actively involved during all stages of the development and the drafting of these proposed Regulations. Parts 1 and 2 were discussed with stakeholders at regional and national meetings of the Canadian Marine Advisory Council (CMAC) during the fall of 2003, the spring and fall of 2004, and the spring and fall of 2005. An ad-hoc working group was set up during the 2004 and 2005 national meetings of the CMAC to discuss fishing vessel certification and training. Specific groups of stakeholders were also consulted outside of the CMAC meetings since 2003. Stakeholders were given the framework of the proposed Regulations and given the necessary time to comment on the proposals that were included in it. The provisions of the various provisions of the proposed Regulations have been strongly influenced by the comments received from stakeholders.

Part 3 of the proposed Regulations was discussed at a national CMAC working group that was composed of representatives for seafarers and shipowners. The working group discussed Part 3 at their meetings in the fall of 2004 and in the spring and fall of 2005. Beginning in May 2003, this same working group also reviewed the proposed ILO Maritime Labour Standards. The working group provided a forum for Canadian shipowners and seafarers to discuss their views and ensure that their input would be reflected in Canada's position at the ILO High-Level Tripartite Working Group Technical Conferences held in 2004 and 2005. Representations from the marine industry and labour organizations were received until early 2006. The ILO adopted the Maritime Labour Convention, 2006, in February 2006.

Strategic environmental assessment

A preliminary scan of this regulatory initiative has been done in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. It has been concluded from the preliminary scan that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination. The proposed Regulations will have an indirect positive outcome on the environment as a result of the requirement to obtain training in marine emergency duties with respect to pollution prevention duties, the implementation of international conventions with respect to pollution, and the execution of the seafarer's duties in a manner that respects pollution prevention.

Compliance and enforcement

The enforcement of the proposed Regulations would be done through the new compliance and enforcement regime set out in the CSA 2001. This regime includes monitoring through periodic inspections and spot checks by marine safety inspectors, and contains compliance measures such as voluntary agreements, administrative monetary penalties, suspension of certificates, detention of vessels and summary convictions. The proposed Regulations will not require significant additional resources and monitoring to ensure compliance, as Marine Safety Inspectors will monitor compliance with the Regulations as part of the existing inspection regime.

The addition of the provisions based on the Maritime Labour Convention, 2006, gives an additional means for enforcement and compliance in the form of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. Consequently, by providing "one-stop" Regulations for seafarer certification, vessel crewing and on-board labour standards, shipowners and crewmembers will be much more aware and knowledgeable of their responsibilities and rights, which will enhance the level of compliance.

Contact

Denis Provost, AMSX, Project Manager, Regulatory Services and Quality Assurance, Transport Canada, Marine Safety, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5, 613-990-1547 (telephone), 613-991-5670 (fax), provosd@tc.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to paragraphs 35(1)(d), (e) (see footnote a) and (g) (see footnote b), section 100 and subsection 120(1) of the Canada Shipping Act, 2001 (see footnote c), to make the annexed Marine Personnel Regulations.

Interested persons may make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations within 60 days after the date of publication of this notice. All representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Denis Provost, Project Manager, Regulatory Services and Quality Assurance, Marine Safety, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5 (tel.: 613-990-1547; fax: 613-991-5670; e-mail: provosd@tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, November 9, 2006

MARY O'NEILL
Assistant Clerk of the Privy Council

MARINE PERSONNEL REGULATIONS

INTERPRETATION

1. (1) The following definitions apply in these Regulations.

"Act" means the Canada Shipping Act, 2001. (Loi)

"Administration" means

(a) in respect of a Canadian vessel, the Minister; and

(b) in respect of a foreign vessel, the administration of the state whose flag the vessel is entitled to fly. (Administration)

"air cushion vessel" or "ACV" means a vessel designed so that the whole or a significant part of its weight can be supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its effectiveness on the proximity of the vessel to the surface over which it operates. (aéroglisseur)

"applicant" means a person who applies to obtain a certificate or endorsement issued under Part 1 or 2. (candidat)

"approved training course" means a course that has been approved in accordance with section 109. (cours de formation approuvé)

"approved training program" means a program approved in accordance with section 109, given by a recognized institution and forming an integral part of the requirements for a certificate or endorsement that, in cases provided for in these Regulations, may be credited to the applicant in lieu of a part of the qualifying service or the examinations required for a certificate or endorsement. (programme de formation approuvé)

"ARPA" means an approved training course in simulated electronic navigation (SEN) entitled "Automatic Radar Plotting Aids". (APRA)

"assistant engineer" means a person, other than a rating, who is in training to become an engineer. (officier mécanicien adjoint)

"ballast control operator", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21) or in any other resolution that replaces it. (opérateur des commandes des ballasts)

"barge supervisor", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21) or in any other resolution that replaces it. (superviseur de barge)

"certificated person" means, in respect of the manning of a survival craft, a person who holds

(a) a master or mate certificate;

(b) a Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats certificate or endorsement; or

(c) a Restricted Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats certificate that is valid for the vessel on which the person is employed. (personne brevetée)

"chemical tanker" has the same meaning as in chapter I of the STCW Convention, as amended from time to time. (bâtiment-citerne pour produits chimiques)

"chief engineer" means the engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of a vessel. (chef mécanicien)

"chief mate" means, in respect of a vessel other than an MOU, the officer next in rank to the master and on whom the command and charge of the vessel falls in the event of the incapacity of the master. (premier officier de pont)

"coasting trade" has the same meaning as in subsection 2(1) of the Coasting Trade Act. (cabotage)

"complement" means the master and the persons who constitute the crew of a vessel. (effectif)

"day work" means duties, other than watchkeeping, that are performed at sea on a vessel involving the overhaul or maintenance of machinery in an engine room or boiler room, or on auxiliaries outside the engine room or boiler room. (tâches quotidiennes)

"deck officer" or "mate" means a person, other than the master, a pilot or a rating, who holds a certificate that authorizes them to be the person in charge of the deck watch. (officier de pont)

"dynamically positioned" means, in respect of an MOU, that the MOU is held in position over a well wholly or partly by means of propulsion units. (positionnement dynamique)

"engineer" means any person who may be in charge of the engineering watch, whether or not the person holds an engineer certificate. (officier mécanicien)

"engine-room rating" means a rating who forms part of a watch in the engine room as the assistant to an engineer, but does not include a rating whose duties while on watch are of an unskilled nature. (matelot de la salle des machines)

"examiner" means a marine safety inspector authorized under subsection 11(2) of the Act to administer examinations to any applicant and whose functions include auditing training courses and programs and making recommendations to the Minister with respect to the approval of training courses and programs. (examinateur)

"fishing master" means the master of a fishing vessel. (capitaine de pêche)

"fishing vessel" means a vessel, other than a vessel transporting to shore the catch of a fishing vessel, that takes on its load at sea and is engaged in catching, harvesting or transporting fish, marine vegetation or other living resources of the sea. (bâtiment de pêche)

"fitting out" means the time spent preparing a vessel during which time it is possible to substantially train an engineer or mate. (remise en fonction)

"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 Montréal in the Province of Quebec. (bassin des Grands Lacs)

"high-speed craft" means a craft that is capable of an operating speed of at least 25 knots and that is built in accordance with the requirements of the HSC Code. (engin à grande vitesse)

"High-Speed Craft Code" or "HSC Code" means, depending on the type of vessel and its date of construction, the International Code of Safety for High Speed Craft, 1994 or the International Code for the Safety of High-Speed Craft, 2000, as amended from time to time. (Recueil des engins à grande vitesse ou Recueil HSC)

"IMO" means the International Maritime Organization. (OMI)

"in charge of the deck watch" means, in respect of a person, a person who has immediate charge of the navigation, manoeuvring, or operation of a vessel but does not include a pilot. (chargé du quart à la passerelle)

"inland voyage" means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or on Lake Michigan. (voyage en eaux internes)

"inland waters of Canada" means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

(a) from Cap-des-Rosiers to West Point, Anticosti Island; and

(b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W. (eaux internes du Canada)

"international voyage" means a voyage, other than an inland voyage, between a port in Canada and a foreign port or between foreign ports. (voyage international)

"laying up" means the time spent preparing a vessel for periods of inactivity, during which time it is possible to substantially train an engineer or mate. (mise au repos)

"length" means registered length unless otherwise specified. (longueur)

"liquefied gas tanker" has the same meaning as in chapter I of the STCW Convention, as amended from time to time. (bâtiment-citerne pour gaz liquéfié)

"maintenance supervisor", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21) or in any other resolution that replaces it. (chef de l'entretien)

"marine industry association" means any grouping of owners of vessels operating under the Canadian flag which uses marine medical examiners for the medical examination of seafarers working on those vessels. (association de propriétaires de l'industrie maritime)

"marine medical examiner" means a physician who is designated by the Minister under section 268 to perform the examinations referred to in Division 8 of Part 2. (médecin examinateur de la marine)

"MED" means marine emergency duties. (FUM)

"Minister" means the Minister of Transport. (ministre)

"motor vessel" means a vessel the propulsive power of which is derived from an internal combustion engine. (bâtiment à moteur)

"mobile offshore unit" or "MOU" has the same meaning as in IMO Resolution A.891(21) or in any other resolution that replaces it. (unité mobile au large ou UML)

"MOU/self-elevating", "MOU/self-propelled", "MOU/submersible" and "MOU/surface" have the same meanings, respectively, as in IMO Resolution A.891(21) or in any other resolution that replaces it. (UML/auto-élévatrice, UML/autopropulsée, UML/submersible et UML/surface)

"near coastal voyage, Class 1" has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

"near coastal voyage, Class 2" has the same meaning as in sec tion 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 2)

"offshore installation manager" has, in respect of an MOU, the same meaning as in IMO Resolution A.891(21) or in any other resolution that replaces it. (chef de l'installation au large)

"oil tanker" has the same meaning as in chapter I of the STCW Convention, as amended from time to time. (pétrolier)

"Pollution Convention" means the International Convention for the Prevention of Pollution from Ships, 1973, signed at London on November 2, 1973, and the Protocol of 1978 relating thereto, signed at London on February 17, 1978, and any amendments, whenever made, to Protocol I, the Annexes or the Appendices to that Convention. (Convention sur la pollution)

"propulsive power" means the power in kilowatts that is specified in a vessel's certificate of registry or the total installed power in kilowatts that can be directed to propel the vessel, whichever is greater. (puissance de propulsion)

"qualifying service" means service credited to an applicant in order for them to meet the experience requirements for a certificate or endorsement issued under Part 1. (service admissible)

"radio watch" means the period during which a member of the complement is required to be at the ship radio station and in charge of communications. (veille radioélectrique)

"rated generator capacity" means the aggregate generator capacity obtained by adding together the individually rated capacities of all of the generators on a vessel. (capacité nominale de production d'énergie électrique)

"rating" means a member of the complement of a vessel other than the master or an officer. (matelot)

"recognized institution" means a training institution designated by the Minister that administers, in accordance with the established practices and requirements of the domestic and international marine industry, approved training courses and approved training programs for the purpose of giving applicants the training necessary to obtain a certificate or endorsement issued under these Regulations. (établissement reconnu)

"registered nurse" means a person registered or licensed as a nurse under the laws of a province. (infirmière autorisée)

"sailing vessel" means a vessel that has sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion. (bâtiment à voile)

"sea area A1", "sea area A2", "sea area A3" and "sea area A4" have the same meanings, respectively, as in Chapter IV of SOLAS. (zone océanique A1, zone océanique A2, zone océanique A3 et zone océanique A4)

"seafarer" means a person who is employed or is to be employed in any capacity on a vessel. (navigant)

"sea service" means a period of qualifying service spent by a person employed on a vessel and includes service while the vessel is in port, loading or unloading, at anchor, in refit or in dry-dock, if it forms part of a voyage. (service en mer)

"second engineer" means the engineer next to the chief engineer in the line of authority. (officier mécanicien en second)

"SEN" means an approved training course in simulated electronic navigation. (NES)

"sheltered waters voyage" has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage en eaux abritées)

"SIM" means an examination in simulated electronic navigation administered by the Department of Transport. (SIM)

"SOLAS" means the International Convention for the Safety of Life At Sea of 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. (SOLAS)

"stationary MOU" means an MOU that is not underway, that is not maintaining position by means of thrusters or dynamic positioning or that does not keep the propulsion unit in stand-by mode. (UML stationnaire)

"STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code adopted on July 7, 1995, as amended from time to time. (Code STCW)

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended from time to time. (Convention STCW)

"steamship" means a vessel the propulsive power of which is derived from boilers and steam engines. (bâtiment à vapeur)

"TP" means a technical publication issued by the Department of Transport. (TP)

"TP 2293" means the Department of Transport Standard TP 2293, The Examination and Certification of Seafarers, as amended from time to time. (TP 2293)

"TP 4957" means the Department of Transport Standard TP 4957, Marine Emergency Duties Training Courses, as amended from time to time. (TP 4957)

"TP 10937" means the Department of Transport Standard TP 10937, Mobile Offshore Unit Training Courses, as amended from time to time. (TP 10937)

"training certificate" means a document issued by a recognized institution evidencing the holder's successful completion of an approved training course or approved training program. (certificat de formation)

"tug" means a vessel used exclusively in operations associated with towing another vessel or floating object astern or alongside or in pushing another vessel or floating object ahead. (remorqueur)

"unlimited voyage" has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage illimité)

"watch" means

(a) in respect of a vessel, that part of the complement that is required for the purpose of attending to the navigation, communications, machinery and security of the vessel, including, under the conditions of subsection 215(2), the master; and

(b) in respect of a member of the complement, the period during which the member is required to be on call or the physical presence of the member is required

"wing-in-ground craft" has the same meaning as in the Convention on the International Regulations for Preventing Collision at Sea, 1972, as amended from time to time. (navion)

(2) For the purposes of these Regulations,

(a) in table A-VI/5 of the STCW Code, every reference to "ship security officer" shall be read as a reference to "vessel security officer";

(b) in section A-VIII/2 of the STCW Code, every reference to the International Regulations for Preventing Collisions at Sea, 1972 shall be read as a reference to the Collision Regulations; and

(c) in section A-VIII/2 of the STCW Code, every reference to the Radio Regulations shall be read as a reference to the Ship Station (Radio) Regulations, 1999.

(3) For the purpose of these Regulations, every reference to "ro-ro passenger ship" in a document incorporated by reference in these Regulations means "ro-ro vessel that carries a passenger" and every reference to "air cushion vehicle" means "air cushion vessel".

APPLICATION

2. In these Regulations,

(a) Part 1 applies to applicants for a certificate of competency or endorsement; and

(b) Part 2 applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.

[3 to 99 reserved]

PART 1

CERTIFICATION

Certificates of Competency

100. The Minister may issue the following certificates:

(a) Master Mariner;

(b) Master, Near Coastal;

(c) Master 3 000 Gross Tonnage, Near Coastal;

(d) Master 500 Gross Tonnage, Near Coastal;

(e) Master 3 000 Gross Tonnage, Domestic;

(f) Master 500 Gross Tonnage, Domestic;

(g) Master 150 Gross Tonnage, Domestic;

(h) Master, Limited;

(i) Chief Mate;

(j) Chief Mate, Near Coastal;

(k) Watchkeeping Mate;

(l) Watchkeeping Mate, Near Coastal;

(m) Chief Mate 500 Gross Tonnage, Domestic;

(n) Chief Mate 150 Gross Tonnage, Domestic;

(o) Chief Mate, Limited;

(p) Fishing Master, First Class;

(q) Fishing Master, Second Class;

(r) Fishing Master, Third Class;

(s) Fishing Master, Fourth Class;

(t) Certificate of Service as Master of a Fishing Vessel of Less than 60 Gross Tonnage;

(u) First-class Engineer, Motor Ship;

(v) First-class Engineer, Steamship;

(w) Second-class Engineer, Motor Ship;

(x) Second-class Engineer, Steamship;

(y) Third-class Engineer, Motor Ship;

(z) Third-class Engineer, Steamship;

(aa) Fourth-class Engineer, Motor Ship;

(bb) Fourth-class Engineer, Steamship;

(cc) Watchkeeping Engineer, Motor-driven Fishing Vessel;

(dd) Small Vessel Machinery Operator;

(ee) Air Cushion Vehicle (ACV) Engineer, Class I;

(ff) Air Cushion Vehicle (ACV) Engineer, Class II;

(gg) Proficiency in Fast Rescue Boats;

(hh) Proficiency in Survival Craft and Rescue Boats Other than Fast Rescue Boats;

(ii) Restricted Proficiency in Survival Craft and Rescue Boats Other than Fast Rescue Boats;

(jj) Passenger Safety Management;

(kk) Specialized Passenger Safety Management (Ro-Ro Vessels);

(ll) Oil and Chemical Tanker Familiarization;

(mm) Liquefied Gas Tanker Familiarization;

(nn) Supervisor of an Oil Transfer Operation;

(oo) Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N);

(pp) Supervisor of a Chemical Transfer Operation;

(qq) Supervisor of a Liquefied Gas Transfer Operation;

(rr) High-Speed Craft (HSC) Type Rating;

(ss) Air Cushion Vehicle (ACV) Type Rating;

(tt) Able Seafarer;

(uu) Bridge Watch Rating;

(vv) Engine-room Rating;

(ww) Ship's Cook;

(xx) Compass Adjuster;

(yy) Vessel Security Officer Proficiency issued under the Marine Transportation Security Regulations;

(zz) Offshore Installation Manager, MOU/surface;

(aaa) Offshore Installation Manager, MOU/self-elevating;

(bbb) Barge Supervisor, MOU/surface;

(ccc) Barge Supervisor, MOU/self-elevating;

(ddd) Maintenance Supervisor, MOU/surface;

(eee) Maintenance Supervisor, MOU/self-elevating; and

(fff) Ballast Control Operator.

Order of Priorities for Certificates

101. The certificates referred to in paragraphs 100(u) to (dd) and (ddd) and (eee) are ranked as follows, with a higher ranking certificate entitling its holder to all of the rights and privileges of the holder of a lower ranking certificate:

(a) the certificates referred to in paragraphs 100(u), (w), (y), (aa), (cc) and (dd) rank from highest to lowest;

(b) the certificates referred to in paragraphs 100(v), (x), (z) and (bb) rank from highest to lowest; and

(c) the certificates referred to in paragraphs 100(ddd) and (eee) rank from highest to lowest.

Endorsements

102. The Minister may issue the following endorsements:

(a) Oil and Chemical Tanker Familiarization;

(b) Liquefied Gas Tanker Familiarization;

(c) Specialized Oil Tanker Training;

(d) Specialized Chemical Tanker Training;

(e) Specialized Liquefied Gas Tanker Training;

(f) Passenger Safety Management;

(g) Specialized Passenger Safety Management (Ro-Ro Vessels);

(h) Proficiency in Fast Rescue Boats;

(i) Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats;

(j) Chief Engineer, Motor Ship;

(k) Chief Engineer, Steamship;

(l) Second Engineer, Motor Ship;

(m) Second Engineer, Steamship;

(n) Fore and Aft Sailing Vessel, Unlimited;

(o) Square Rig Sailing Vessel, Unlimited;

(p) Fore and Aft Sailing Vessel, Seasonal (April 15 to November 1);

(q) Square Rig Sailing Vessel, Seasonal (April 15 to November 1);

(r) Master 500 Gross Tonnage, Near Coastal;

(s) Master 150 Gross Tonnage, Near Coastal;

(t) Chief Mate 3 000 Gross Tonnage, Near Coastal;

(u) Chief Mate 500 Gross Tonnage, Near Coastal; and

(v) Chief Mate 150 Gross Tonnage, Near Coastal.

Period of Validity of Training Courses

103. (1) Subject to subsections (2) and (4), a certificate or endorsement for which successful completion of a training course in any of the following subject-matters is required may only be issued or renewed if the course was successfully completed within the five years before the application date for issuance of the certificate or endorsement:

(a) marine emergency duties;

(b) simulated electronic navigation; or

(c) propulsive plant simulation.

(2) Subject to subsection (3), if an applicant has successfully completed a course referred to in subsection (1) more than five years before the application date for issuance or renewal of the certificate or endorsement being sought, then the following course equivalency shall be accepted:

(a) a training certificate in respect of a refresher training course in that subject within the five years before the application date for issuance of the certificate or endorsement;

(b) at least 12 months of service on board one or more vessels performing deck or engine room duties, as applicable, within the five years before the application date for issuance of the certificate or endorsement, supported, in the case of a training course in marine emergency duties, by a testimonial attesting to competent participation in emergency drills; or

(c) at least three months of service on board one or more vessels performing deck or engine room duties, as applicable, in the 12-month period before the application date for issuance of the certificate or endorsement, supported, in the case of a training course in marine emergency duties, by a testimonial attesting to competent participation in emergency drills.

(3) The successful completion of a course referred to in subsection (1) remains valid for as long as the holder of the certificate acquired as a result of that course continues to hold a certificate valid for use at sea.

(4) The successful completion of a course other than a course referred to in subsection (1) that was taken for the purpose of obtaining a certificate of competency remains valid for life once that certificate has been obtained.

(5) A course in marine emergency duties listed in any of the tables of requirements applicable to the various certificates of competency and endorsements may be substituted by a course identified in TP 4957 as being equivalent, if that equivalent course was successfully completed before the coming into force of these Regulations.

Certificate Exchange

104. A master, mate or engineer certificate that was issued before the coming into force of these Regulations and that is set out in column 1 of an item of Schedule 1 to this Part shall be exchanged for the corresponding certificate set out in column 3 of that item at the time of the next renewal of that certificate in order for the holder to continue to have a certificate that is valid for use at sea.

105. A master, mate or engineer certificate that was issued before the coming into force of these Regulations and that is set out in column 1 of an item of Schedule 1 to this Part may be exchanged for the corresponding certificate set out in column 3 of that item having the endorsement and limitation set out in column 4 of that item, if the applicant has met the additional requirements set out in column 2 of that item, if any.

Application for Examination and Eligibility

106. (1) Unless otherwise indicated in these Regulations, an applicant for a certificate of competency or endorsement issued under these Regulations shall

(a) be at least 18 years of age on the day on which they receive the certificate or endorsement; and

(b) have acquired the sea service required to obtain the certificate or endorsement after having reached 16 years of age or, in the case of service acquired on a fishing vessel in a family enterprise in respect of an application for a fishing certificate, 15 years of age.

(2) An applicant shall provide an examiner, at least two weeks before the first of the examinations referred to in these Regulations that the applicant seeks to take, with the following:

(a) a signed application containing the information and declarations set out in Schedule 2 to this Part;

(b) the applicant's birth certificate or equivalent;

(c) all of the discharge books and any certificates of discharge in respect of the qualifying service required for the certificate or endorsement sought;

(d) any testimonials, containing the signatures and at least the information set out in Schedule 4 or 5 to this Part, as the case may be, in respect of the sea service required for the certificate or endorsement sought; and

(e) any pertinent certificate held by the applicant, including certificates issued by an Administration, other than the Minister, recognized by the IMO as being compliant with the STCW Convention.

(3) An application made under these Regulations for an examination or for the issuance or renewal of a certificate of competency or endorsement shall remain valid for a period of one year after the day on which the examiner receives the application.

(4) An applicant who, as part of an approved training program, is required to maintain and complete a training record book while on board a vessel shall, in order to have that training recognized, present to the examiner the completed book, evaluated as being satisfactory by a recognized institution.

(5) An applicant, in order to be eligible for an examination, shall pay the applicable fees set out in column 2 of the table to section 121 each time the applicant takes the examination.

(6) Except in the case of an applicant for a certificate of competency referred to in section 131, 138, 143, 151 or 174, an applicant shall provide the examiner with a provisional medical certificate that is in effect or a medical certificate that is in effect, that was issued in respect of the applicant in accordance with these Regulations attesting to the applicant's fitness

(a) to perform the duties to which the certificate of competency or endorsement relates; and

(b) to make the voyages that the certificate of competency or endorsement authorizes.

Examinations

107. (1) The examiner shall ensure that an applicant follows the examination procedures established by TP 2293 to ensure that examinations are conducted properly and that standards of objective evaluation, fairness, merit and equity are upheld.

(2) An applicant who contravenes the procedures referred to in subsection (1) automatically fails the examination.

108. (1) Subject to subsection (3), a passing grade obtained in any of the following examinations shall remain valid for five years after the day of the examination:

(a) an examination taken for the purpose of obtaining a master or mate certificate issued under these Regulations or an Able Seafarer or Bridge Watch Rating certificate; and

(b) the following engineering examinations when taken for the purpose of obtaining an engineer certificate:

(2) A passing grade obtained in an engineering examination taken for the purpose of obtaining an engineer certificate, other than an examination referred to in paragraph 1(b), remains valid for life.

(3) A passing grade obtained in an examination taken for the purpose of obtaining a certificate of competency remains valid for life, for the purposes of obtaining other certificates of competency or a renewal of a certificate, once the certificate sought is obtained.

Approved Training

109. (1) The Minister, on the recommendation of an examiner, shall approve a training program or a training course as an approved training program or approved training course, as the case may be, if it meets the standards respecting the training and assessment of seafarers that are applicable to the training to be provided and assessment to be performed, as set out in the Quality Management Manual - Marine Personnel Standards and Pilotage, in the chapter entitled Approval of Marine Training Courses and Programs dated July 30, 2001, as revised in July 2006, established in accordance with Regulation I/8 of the STCW Convention and published by the Marine Personnel Standards and Pilotage directorate of the Department of Transport.

(2) If a training program has a duration of greater than 36 months, upon application by a recognized institution, the Minister shall, in the formal letter of approval for that program, grant to the recognized institution an amount of service credit that is in addition, on a pro rata basis, to the service that would otherwise be credited under these Regulations if the duration of the program was 36 months, which credit shall be given to each student who successfully completes the program.

Computation of Qualifying Service

110. (1) For the purpose of calculating sea service, eight hours of service shall equal one day of sea service.

(2) Service for watches of other than eight hours in a calendar day shall be prorated to a maximum of 12 hours for that day based on a 12-hour watch equalling one and one-half days of sea service except for applicants registered in an Approved Cadet Training Program whose sea service shall be calculated on the basis of any amount of service in one calendar day equalling one day of service.

111. Unless otherwise specified in these Regulations, service on a vessel shall be assessed in accordance with Chapter 3 of TP 2293, including service on a vessel engaged in commercial activities other than the carriage of passengers or the handling of cargo, including service on an MOU.

112. Sea service as an assistant whose presence on the bridge is required and who acts as a junior officer to a mate in charge of the deck watch shall be credited at the ratio of two-thirds of a day to every day of required sea service in charge of the deck watch, up to a maximum of nine months for any master or mate certificate.

113. If an applicant deserts a vessel after making an agreement with the crew undertaking to serve on that vessel, any sea service performed by the applicant on that vessel before the applicant's desertion is not recognized in the computation of sea service requirements with respect to any certificate.

114. In calculating the number of months of qualifying service, the total number of days of credited sea service shall be divided by 30.

Renewal of Certificates and Endorsements

115. (1) An applicant for the renewal of a certificate referred to in any of paragraphs 100(a) to (t), (zz) to (ccc) and (fff) or a certificate issued after September 12, 1967 or any other earlier date specified in Schedule 1 to this Part, under the Masters and Mates Examination Regulations or under the Marine Certification Regulations shall

(a) in the case of the holder of a certificate issued after September 12, 1967 or any other earlier date specified in Schedule 1 to this Part, under the Masters and Mates Examination Regulations or under the Marine Certification Regulations, provide the examiner with every training certificate for the courses in marine emergency duties and simulated electronic navigation required to obtain the equivalent certificate under these Regulations, if any, as set out in Schedule 1 to this Part; and

(b) meet one of the following requirements:

(2) The applicant who chooses to meet the requirements of subparagraph (1)(b)(i) shall acquire the following service:

(a) subject to subsection (3), at least 12 months of sea service on one or more vessels as a master or mate in charge of the deck watch or on an MOU as offshore installation manager, barge supervisor or ballast control operator acquired within the five years before the application date for renewal of the certificate;

(b) subject to subsection (3), at least three months of sea service on one or more vessels as master, mate or supernumerary mate performing watchkeeping duties, or on one or more MOUs as offshore installation manager, barge supervisor or ballast control operator acquired within the twelve months immediately before the application date for renewal of the certificate;

(c) at least 24 months of service within the five years before the application date for renewal of the certificate performing functions in any of the following marine related positions:

(d) an equivalent prorated combination of the requirements set out in paragraphs (a) to (c).

(3) In the case of a certificate referred to in paragraph 100(h) or (o), the sea service must be acquired in the area of operation and under the conditions specified on the vessel's inspection certificate.

116. (1) An applicant for renewal of an engineer certificate listed in any of paragraphs 100(u) to (dd), (ddd) and (eee), or an equivalent certificate issued under the Marine Certification Regulations or the Marine Engineer Examination Regulations, shall

(a) provide the examiner with every training certificate for courses in marine emergency duties and, subject to subsection (2), ship management practices taught using a propulsive plant simulator or ship watchkeeping practices taught using a propulsive plant simulator that would be required to obtain the certificate that the applicant wishes to renew or the certificate issued under these Regulations that is equivalent to the certificate the applicant wishes to renew; and

(b) meet one of the following requirements:

(2) An applicant referred to in subsection (1) who has at least three years of service on a particular vessel or a sister vessel within the five years before the application date for renewal of the certificate is not required to provide a training certificate in ship management practices taught using a propulsive plant simulator or in ship watchkeeping practices taught using a propulsive plant simulator, but without providing that training certificate, the applicant's renewed certificate is restricted to that vessel or sister vessel and the areas in which that vessel or sister vessel operated during that period.

(3) The applicant who chooses to meet the requirements of subparagraph (1)(b)(i) shall acquire the following service:

(a) at least 12 months of sea service as an engineer officer on one or more vessels within the five years before the application date for renewal of the certificate;

(b) at least three months of sea service as an engineer officer on one or more vessels in the 12 months before the application date for renewal of the certificate;

(c) at least 24 months within the five years before the application date for renewal of the certificate, performing functions in any of the following marine related positions:

(d) an equivalent prorated combination of the requirements set out in paragraphs (a) to (c).

117. An applicant for the renewal of a certificate listed in any of paragraphs 100(nn) to (qq) issued under these Regulations or an equivalent certificate issued under the Marine Certification Regulations shall provide the examiner with a training certificate in marine emergency duties with respect to STCW basic safety and shall

(a) have acquired at least three months of service within the five years before the before the application date for renewal of the certificate, which service shall include duties relating to oil, chemical or liquefied gas transfer operations relating to the certificate sought and, in the case of a person holding a Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N) certificate, provide the examiner with a testimonial of the applicant's completion of at least three transfers in Arctic waters north of 60° N in the two-year period immediately before that day; or

(b) provide the examiner with a training certificate obtained within the five years before the application date for renewal of the certificate, for the supervision of transfer operations, specialized chemical tanker safety or specialized liquefied gas tanker safety relating to the certificate sought.

118. (1) An applicant for renewal of the certificate referred to in paragraph 100(jj) or endorsement referred to in paragraph 102(f) shall provide the examiner with

(a) a training certificate with regard to a refresher training course in passenger safety management within the five years before the application date for renewal; or

(b) evidence of at least three months of service, within the five years before the application date for renewal, on one or more vessels that carry a passenger, supported by testimonials attesting to competent participation in emergency drills.

(2) An applicant for renewal of the certificate referred to in paragraph 100(kk) or endorsement referred to in paragraph 102(g) shall provide the examiner with

(a) a training certificate with regard to a refresher training course in specialized passenger safety management (ro-ro vessels) within the five years before the application date for renewal; or

(b) evidence of at least three months of service, within the five years before the application date for renewal, on one or more ro-ro vessels that carry a passenger, supported by testimonials attesting to competent participation in emergency drills.

Direct Examination

119. (1) A Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, who wishes to obtain a certificate issued under these Regulations and who is the holder of one of the following documents, may apply for an examiner to assess their qualifications against the requirements of these Regulations for the purpose of obtaining a certificate of an equivalent or lower rank:

(a) a certificate issued under the STCW Convention, valid for use at sea without geographical or tonnage restrictions, issued by an Administration recognized by the IMO as being STCW compliant;

(b) a certificate of service issued by the Minister;

(c) a qualification issued by the Department of National Defence, including but not limited to deck and engineering qualifications; or

(d) a Canadian Coast Guard Watchkeeping or Command certificate.

(2) The examiner shall assess the applicant's qualifications against the requirements of these Regulations by adhering to the evaluation procedures and criteria set out in TP 2293 that are specified as being applicable to the applicant's situation.

Other Conditions Applicable to Certificates and Endorsements

120. (1) A certificate of competency or endorsement required under these Regulations

(a) shall

(b) shall be endorsed as meeting the requirements of the STCW Convention, except if the certificate is

(2) The rights flowing from a certificate or endorsement for use at sea are subject to any limitations in the most recent medical certificate issued to the holder of the certificate.

Fees for Examinations and Documents

121. (1) Subject to subsection (2), an applicant shall pay the fee set out in column 2 of an item of the table to this subsection for an examination set out in column 1 of that item.

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(2) Subsection (1) does not apply in respect of any examination taken for the purpose of obtaining one of the following:

(a) a Small Vessel Machinery Operator certificate;

(b) a Ballast Control Operator certificate;

(c) a Passenger Safety Management certificate or endorsement;

(d) a High-Speed Craft (HSC) Type Rating certificate;

(e) an Air Cushion Vehicle (ACV) Type Rating certificate;

(f) an Air Cushion Vehicle (ACV) Engineer, Class I certificate;

(g) an Air Cushion Vehicle (ACV) Engineer, Class II certificate; and

(h) any sailing vessel endorsement.

122. (1) Subject to subsection (2) or (3), an applicant shall pay the fee set out in column 2 of an item of the table to this subsection for a document or endorsement set out in column 1 of that item.

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(2) Subsection (1) does not apply in respect of the following:

(a) a Small Vessel Machinery Operator certificate;

(b) a Ballast Control Operator certificate;

(c) a Passenger Safety Management certificate or endorsement;

(d) a High-Speed Craft (HSC) Type Rating certificate;

(e) an Air Cushion Vehicle (ACV) Type Rating certificate;

(f) an Air Cushion Vehicle (ACV) Engineer, Class I certificate;

(g) an Air Cushion Vehicle (ACV) Engineer, Class II certificate; and

(h) any sailing vessel endorsement.

(3) Subsection (1) does not apply to a medical certificate.

Masters and Mates

Master Mariner

123. (1) An applicant for a Master Mariner certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) While holding a Watchkeeping Mate certificate or Watchkeeping Mate, Near Coastal certificate, an applicant for a Master Mariner certificate shall acquire the following sea service on one or more vessels of at least 500 gross tonnage while the vessels are engaged on voyages that are near coastal voyages, class 1 or unlimited voyages, which sea service shall include at least 12 months on voyages outside the Great Lakes Basin and where the distance between extreme ports called at during those voyages is more than 500 nautical miles:

(a) at least 36 months as officer in charge of the deck watch;

(b) at least 24 months as officer in charge of the deck watch, chief mate or master, if the applicant has served not less than 12 months as chief mate or master; or

(c) an equivalent prorated combination of the requirements set out in paragraphs (a) and (b).

Master, Near Coastal

124. (1) An applicant for a Master, Near Coastal certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) After obtaining a Watchkeeping Mate certificate or Watchkeeping Mate, Near Coastal certificate, an applicant for a Master, Near Coastal certificate shall acquire the following sea service on one or more vessels of at least 500 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages:

(a) at least 36 months as officer in charge of the deck watch;

(b) at least 24 months as officer in charge of the deck watch, chief mate or master, if the applicant has served not less than 12 months as chief mate or master; or

(c) an equivalent prorated combination of the requirements set out in paragraphs (a) and (b).

Master 3 000 Gross Tonnage, Near Coastal

125. (1) An applicant for a Master 3 000 Gross Tonnage, Near Coastal certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) After obtaining a Watchkeeping Mate certificate or Watchkeeping Mate, Near Coastal certificate, an applicant for a Master 3 000 Gross Tonnage, Near Coastal certificate shall acquire the following sea service on one or more vessels of at least 500 gross tonnage while the vessels are engaged on voyages other than a sheltered waters voyage:

(a) at least 36 months as officer in charge of the deck watch;

(b) at least 24 months as officer in charge of the deck watch, chief mate or master, if the applicant has served not less than 12 months as chief mate or master; or

(c) an equivalent prorated combination of the requirements set out in paragraphs (a) and (b).

Master 500 Gross Tonnage, Near Coastal

126. (1) Subject to subsection (2), an applicant for a Master 500 Gross Tonnage, Near Coastal certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) The Minister shall not issue a Master 500 Gross Tonnage, Near Coastal certificate to a person who is less than 20 years of age.

Master 3 000 Gross Tonnage, Domestic

127. An applicant for a Master 3 000 Gross Tonnage, Domestic certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Master 500 Gross Tonnage, Domestic

128. (1) An applicant for a Master 500 Gross Tonnage, Domestic certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Master 500 Gross Tonnage, Near Coastal endorsement or a Chief Mate 3 000 Gross Tonnage, Near Coastal endorsement to the Master 500 Gross Tonnage, Domestic certificate shall acquire at least six months of sea service on one or more vessels of at least 25 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages, which service, in part or in whole, may have been counted toward fulfilling the requirement of item 2 of the table to subsection (1).

Master 150 Gross Tonnage, Domestic

129. (1) An applicant for a Master 150 Gross Tonnage, Domestic certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Master 150 Gross Tonnage, Near Coastal endorsement to the Master 150 Gross Tonnage, Domestic certificate shall acquire the following amount of sea service on one or more vessels of at least 5 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages, which service, in part or in whole, may have been counted toward fulfilling the requirement of item 2 of the table to subsection (1):

(a) at least 12 months; or

(b) at least six months, if the applicant has successfully completed an approved training program.

Master, Limited for a Vessel of 60 Gross Tonnage or More

130. An applicant for a Master, Limited certificate for a vessel of 60 gross tonnage or more shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Master, Limited for a Vessel of Less Than 60 Gross Tonnage

131. An applicant for a Master, Limited certificate for a vessel of less than 60 gross tonnage shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Chief Mate

132. (1) An applicant for a Chief Mate certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) While holding a Watchkeeping Mate certificate or Watchkeeping Mate, Near Coastal certificate, an applicant for a Chief Mate certificate shall acquire at least 12 months of sea service on one or more vessels of at least 500 gross tonnage while the vessels are engaged on voyages that are outside the Great Lakes and are near coastal voyages, class 1 or unlimited voyages, as officer in charge of the deck watch, which service shall include at least six months where the distance between extreme ports called at during those voyages is more than 500 nautical miles.

Chief Mate, Near Coastal

133. An applicant for a Chief Mate, Near Coastal certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Watchkeeping Mate and Watchkeeping Mate, Near Coastal

134. (1) An applicant for a Watchkeeping Mate or Watchkeeping Mate, Near Coastal certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Watchkeeping Mate or Watchkeeping Mate, Near Coastal certificate shall acquire the following sea service performing deck duties on one or more vessels of at least 25 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages:

(a) at least 36 months, including at least 6 months performing bridge watchkeeping duties under the supervision of a qualified deck officer;

(b) at least 24 months from an approved program of on-board training documented in a training record book; or

(c) at least 12 months from an approved co-operative cadet training program in navigation listed in the Department of Transport Standard entitled Approved Training Courses (TP 10655), as amended from time to time.

Chief Mate 500 Gross Tonnage, Domestic

135. (1) An applicant for a Chief Mate 500 Gross Tonnage, Domestic certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Chief Mate 500 Gross Tonnage, Near Coastal endorsement to the Chief Mate 500 Gross Tonnage, Domestic certificate shall acquire the following amount of sea service on one or more vessels of at least 5 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages, which service may be included in the service required under item 1 of the table to subsection (1):

(a) at least 12 months; or

(b) at least six months, if the applicant has successfully completed an approved training program.

Chief Mate 150 Gross Tonnage, Domestic

136. (1) An applicant for a Chief Mate 150 Gross Tonnage, Domestic certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Chief Mate 150 Gross Tonnage, Near Coastal endorsement to the Chief Mate 150 Gross Tonnage, Domestic certificate shall acquire the following amount of sea service on one or more vessels of at least 5 gross tonnage while the vessels are engaged on voyages other than sheltered waters voyages, which service may be included in the service required under item 1 of the table to subsection (1):

(a) at least six months; or

(b) at least three months, if the applicant has successfully completed an approved training program.

Chief Mate, Limited for a Vessel of 60 Gross Tonnage or More

137. An applicant for a Chief Mate, Limited certificate for a vessel of 60 gross tonnage or more shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Chief Mate, Limited for a Vessel of Less Than 60 Gross Tonnage

138. An applicant for a Chief Mate, Limited certificate for a vessel of less than 60 gross tonnage shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Fishing Master, First Class

139. An applicant for a Fishing Master, First Class certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Fishing Master, Second Class

140. An applicant for a Fishing Master, Second Class certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Fishing Master, Third Class

141. (1) An applicant for a Fishing Master, Third Class certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) Up to half the amount of an applicant's sea service performing deck duties, excluding any service from an approved program of on-board training, performed to meet the requirements of column 2 of item 1 of the table to subsection (1) may include service on board one or more normal trading vessels of not less than 25 gross tonnage.

Fishing Master, Fourth Class

142. (1) An applicant for a Fishing Master, Fourth Class certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) Up to half the amount of an applicant's sea service performing deck duties, excluding any service from an approved program of on-board training, performed to meet the requirements of column 2 of item 1 of the table to subsection (1) may include service on board one or more normal trading vessels of not less than 25 gross tonnage.

Certificate of Service as Master of a Fishing Vessel of Less than 60 Gross Tonnage

143. Until 10 years after the coming into force of these Regulations, an applicant for a Certificate of Service as Master of a Fishing Vessel of Less than 60 Gross Tonnage shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Engineering Officers

First-class Engineer, Motor Ship or Steamship

144. (1) An applicant for a First-class Engineer, Motor Ship or Steamship certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) The holder of a First-class Engineer, Steamship certificate applying for a First-class Engineer, Motor Ship certificate shall

(a) after obtaining a Second-class Engineer, Motor Ship or Steamship certificate, acquire at least six months of service as engineer on one or more motor vessels that have a propulsive power of at least 3 000 kW other than a stationary MOU; and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(i) of the table to subsection (1).

(3) The holder of a First-class Engineer, Motor Ship certificate applying for a First-class Engineer, Steamship certificate shall

(a) after obtaining a Second-class Engineer, Motor Ship or Steamship certificate, acquire at least six months of service as engineer on one or more steamships that have a propulsive power of at least 3 000 kW; and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(ii) of the table to subsection (1).

Second-class Engineer, Motor Ship or Steamship

145. (1) An applicant for a Second-class Engineer, Motor Ship or Steamship certificate shall meet the requirements set out in column 1 of the table to this subsection and the corresponding specifications set out in column 2.

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(2) The holder of a First-class or Second-class Engineer, Steamship certificate applying for a Second-class Engineer, Motor Ship certificate shall

(a) fulfil the requirements of subparagraph (2)(a)(i) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(i) of the table to subsection (1).

(3) The holder of a First-class or Second-class Engineer, Motor Ship certificate applying for a Second-class Engineer, Steamship certificate shall

(a) fulfil the requirements of subparagraph (2)(a)(ii) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(ii) of the table to subsection (1).

Third-class Engineer, Motor Ship or Steamship

146. (1) An applicant for a Third-class Engineer, Motor Ship or Steamship certificate shall meet the requirements set out in column 1 of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) The holder of a First-class, Second-class, or Third-class Engineer, Steamship certificate applying for a Third-class Engineer, Motor Ship certificate shall

(a) fulfil the requirements of subparagraph (2)(a)(i) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(i) of the table to subsection (1).

(3) The holder of a First-class, Second-class, or Third-class Engineer, Motor Ship certificate applying for a Third-class Engineer, Steamship certificate shall

(a) fulfil the requirements of subparagraph (2)(b)(i) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(d)(ii) of the table to subsection (1).

Fourth-class Engineer, Motor Ship or Steamship

147. (1) An applicant for a Fourth-class Engineer, Motor Ship or Steamship certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) The qualifying service referred to in paragraph 2(a) of the table to subsection (1) shall include the following duties:

(a) preparing main machinery and auxiliary equipment for sea;

(b) shutting down main machinery;

(c) operating main machinery;

(d) preparing, starting, coupling and changing over alternators and generators;

(e) transferring fuel;

(f) preparing and operating evaporators and distillation plants;

(g) operating oily water separators and conducting appropriate tests to ensure the correct operation of those separators;

(h) preparing and operating air compressors;

(i) preparing and starting steering gear and conducting appropriate tests to ensure the correct operation of the steering gear;

(j) testing boiler water-level gauges under normal working conditions;

(k) operating boilers, including the combustion system;

(l) transferring ballast and fresh water;

(m) lubricating machinery;

(n) pumping bilges;

(o) taking machinery readings and compiling the data in the engine room log books; and

(p) acting as assistant to the engineer in charge of the engine-room watch.

(3) The holder of a First-class, Second-class, Third-class or Fourth-class Engineer, Steamship certificate applying for a Fourthclass Engineer, Motor Ship certificate shall

(a) fulfil the requirements of subparagraph (2)(a)(i) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the engineering knowledge referred to in subparagraph 4(c)(i) of the table to subsection (1).

(4) The holder of a First-class, Second-class, Third-class or Fourth-class Engineer, Motor Ship certificate applying for a Fourth-class Engineer, Steamship certificate shall

(a) fulfil the requirements of subparagraph (2)(a)(ii) of the table to subsection (1); and

(b) pass a written and an oral examination to determine whether they have the required engineering knowledge referred to in subparagraph 4(c)(ii) of the table to subsection (1).

Chief Engineer, Motor Ship and Steamship Endorsements

148. An applicant for a Chief Engineer, Motor Ship or Steamship endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Second Engineer, Motor Ship and Steamship Endorsement

149. An applicant for a Second Engineer, Motor Ship or Steamship endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Watchkeeping Engineer, Motor-driven Fishing Vessel

150. An applicant for a Watchkeeping Engineer, Motor-driven Fishing Vessel certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Small Vessel Machinery Operator

151. (1) An applicant for a Small Vessel Machinery Operator certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for a Small Vessel Machinery Operator certificate restricted for use on a specified vessel that carries a passenger which vessel has a propulsive power of not more than 749 kW and is engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2, may, instead of fulfilling the requirements of item 1 of the table to subsection (1)

(a) successfully complete training related to the propulsion system and safety systems fitted on the vessel; or

(b) acquire at least ten days of sea service performing engine room duties on the vessel or the same class of vessel.

Air Cushion Vehicle (ACV) Engineer, Class I

152. (1) An applicant for an Air Cushion Vehicle (ACV) Engineer, Class I certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of an Air Cushion Vehicle (ACV) Engineer, Class I certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Air Cushion Vehicle (ACV) Engineer, Class II

153. (1) An applicant for an Air Cushion Vehicle (ACV) Engineer, Class II certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of an Air Cushion Vehicle (ACV) Engineer, Class II certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Specialized Certificates and Endorsements

Proficiency in Fast Rescue Boats

154. An applicant for a Proficiency in Fast Rescue Boats certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Proficiency in Survival Craft and Rescue Boats Other than Fast Rescue Boats

155. An applicant for a Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Restricted Proficiency in Survival Craft and Rescue Boats Other than Fast Rescue Boats

156. An applicant for a Restricted Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats certificate shall meet the requirements set out in column 1 of the table to this section and the corresponding specifications set out in column 2 of that item.

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Passenger Safety Management

157. An applicant for a Passenger Safety Management certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Specialized Passenger Safety Management (Ro-Ro Vessels)

158. An applicant for a Specialized Passenger Safety Management (Ro-Ro Vessels) certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Oil and Chemical Tanker Familiarization

159. (1) An applicant for an Oil and Chemical Tanker Familiarization certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of an Oil and Chemical Tanker Familiarization endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Liquefied Gas Tanker Familiarization

160. (1) An applicant for a Liquefied Gas Tanker Familiarization certificate or endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of a Liquefied Gas Tanker Familiarization endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Supervisor of an Oil Transfer Operation

161. An applicant for a Supervisor of an Oil Transfer Operation certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N)

162. An applicant for a Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N) certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Supervisor of a Chemical Transfer Operation

163. An applicant for a Supervisor of a Chemical Transfer Operation certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Supervisor of a Liquefied Gas Transfer Operation

164. An applicant for Supervisor of a Liquefied Gas Transfer Operation certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Specialized Oil Tanker Training

165. (1) An applicant for a Specialized Oil Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of a Specialized Oil Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Specialized Chemical Tanker Training

166. (1) An applicant for a Specialized Chemical Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of a Specialized Chemical Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Specialized Liquefied Gas Tanker Training

167. (1) An applicant for a Specialized Liquefied Gas Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of a Specialized Liquefied Gas Tanker Training endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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High-Speed Craft (HSC) Type Rating

168. (1) An applicant for a High-Speed Craft (HSC) Type Rating certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) An applicant for renewal of a High-Speed Craft (HSC) Type Rating certificate shall meet the requirements set out in column 1 of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Air Cushion Vehicle (ACV) Type Rating

169. (1) Every master or mate applying for an Air Cushion Vehicle (ACV) Type Rating certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) Every master or mate applying for renewal of an Air Cushion Vehicle (ACV) Type Rating certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(3) Every engineer applying for an Air Cushion Vehicle (ACV) Type Rating certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(4) Every engineer applying for renewal of an Air Cushion Vehicle (ACV) Type Rating certificate shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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Ratings

Able Seafarer

170. An applicant for an Able Seafarer certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Bridge Watch Rating

171. An applicant for a Bridge Watch Rating certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Engine-room Rating

172. An applicant for an Engine-room Rating certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Ship's Cook

173. An applicant for a Ship's Cook certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Compass Adjuster

174. An applicant for a Compass Adjuster certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Vessel Security Officer Proficiency

175. An applicant who wishes to obtain a Vessel Security Officer Proficiency certificate may submit an application under the Marine Transportation Security Regulations.

Sailing Vessel Endorsements

176. (1) An applicant for a sailing vessel endorsement shall meet the requirements set out in column 1 of an item of the table to this subsection and the corresponding specifications set out in column 2 of that item.

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(2) In addition to fulfilling the requirements set out in subsection (1), an applicant for a sailing vessel endorsement listed in column 1 of an item of the table to this subsection shall meet the corresponding sea service requirements set out in column 2 of that item.

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Mobile Offshore Unit Certificates and Endorsements

Offshore Installation Manager, MOU/surface

177. An applicant for an Offshore Installation Manager, MOU/surface certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Offshore Installation Manager, MOU/self-elevating

178. An applicant for an Offshore Installation Manager, MOU/ self-elevating certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Barge Supervisor, MOU/surface

179. An applicant for a Barge Supervisor, MOU/surface certificate shall meet the requirements set out in column 1 of the table to this section and the corresponding specifications set out in column 2.

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Barge Supervisor, MOU/self-elevating

180. An applicant for a Barge Supervisor, MOU/self-elevating certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

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Maintenance Supervisor, MOU/surface

181. An applicant for a Maintenance Supervisor, MOU/surface certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

TABLE

Maintenance Supervisor, MOU/self-elevating

182. An applicant for a Maintenance Supervisor, MOU/ self-elevating certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

TABLE

Ballast Control Operator

183. An applicant for a Ballast Control Operator certificate shall meet the requirements set out in column 1 of an item of the table to this section and the corresponding specifications set out in column 2 of that item.

TABLE

Transitional Period

184. Until five years after the day on which these Regulations come into force, an applicant who applies or started to acquire qualifying service and passes an examination for a certificate of competency under the Marine Certification Regulations before that day may, after complying with the requirements for the delivery of a certificate under the Marine Certification Regulations as they read immediately before that day, obtain the equivalent ranking certificate issued under these Regulations or, if an equivalent ranking certificate does not exist, the certificate of the rank immediately below.

[185 to 199 reserved]

SCHEDULE 1 TO PART 1
(Sections 104, 105 and 115)

CERTIFICATE EXCHANGE

Note 1: Applicants shall provide to the examiner a training certificate with respect to

(a) SEN Level II, completed after September 1, 1989 or in ARPA; and

(b) MED for Senior Officers.

Note 2: Applicants shall provide to the examiner a training certificate in SEN Level I completed after September 1, 1989 or in ARPA.

Note 3: Applicants shall provide to the examiner a training certificate with respect to

(a) proficiency in survival craft and rescue boats other than fast rescue boats; and

(b) advanced fire fighting.

Note 4: Applicants shall provide to the examiner a training certificate in marine emergency duties with respect to senior officer.

Note 5: In respect of a tug, a non-STCW endorsement limited to tugs of 3 000 gross tonnage or less that are engaged on a voyage between Canadian ports or between a Canadian port and a U.S. port (except Hawaii).

Note 6: Renewal of the certificate and, if any, its endorsements, subject to any limitations on the certificate being renewed.

Note 7: Renewal of the certificate and, if any, its endorsements, limited to voyages between Canadian ports or between a Canadian port and a U.S. port, except in Hawaii, and subject to any limitations on the certificate being renewed.

SCHEDULE 2 TO PART 1
(Paragraph 106(2)(a))

APPLICATION TO BE EXAMINED

INFORMATION TO BE PROVIDED AND REQUIRED DECLARATIONS

1) Information on the applicant:

a. Name,

b. CDN number,

c. Date of birth,

d. Home address and telephone number, and

e. Civic status;

2) Certificate or endorsement applied for;

3) Place and date where the examination is to be held;

4) Examination the applicant wishes to undertake;

5) The following declaration signed and dated by the applicant: "I hereby declare that to the best of my knowledge and belief the particulars contained in this application are correct and that the supporting documents and testimonials submitted along with it are true and genuine documents signed by the persons whose names appear on them."; and

6) The following declaration signed and dated by the examiner: "I hereby certify that the above particulars are correct and that the applicant has produced all necessary documents and testimonials in support of this application."

SCHEDULE 3 TO PART 1
(Item 2 of the tables to sections 134, 170 and 171)

STEERING TESTIMONIAL

INFORMATION TO BE PROVIDED AND REQUIRED DECLARATIONS

1) Name and address of vessel owner;

2) Name and CDN number of applicant;

3) Information on the vessel:

a. Name,

b. Port of registry,

c. Official number,

d. Type,

e. Cargo,

f. Gross tonnage, and

g. Voyage classification;

4) Date applicant signed on;

5) Date applicant signed off;

6) Rank and seniority of applicant;

7) The following declaration signed and dated by the master: "I certify that the above-named seafarer stood regular watches for a total of ________ hours at the wheel during his service under my command and I am satisfied that he is a competent wheelsman."

SCHEDULE 4 TO PART 1
(Paragraph 106(2)(d))

TESTIMONIAL OF SEA SERVICE (DECK DEPARTMENT)

INFORMATION TO BE PROVIDED

1) Name and address of vessel owner;

2) Name and CDN number of applicant;

3) Number of participations in emergency drills by the applicant;

4) Information on the vessel:

a. Name,

b. Port of registry,

c. Official number,

d. Type,

e. Cargo,

f. Gross tonnage,

g. Voyage classification, and

h. Extreme ports of call;

5) Date applicant signed on;

6) Date applicant signed off;

7) Rank and seniority of applicant;

8) Number of days spent underway and type (number of hours) of watch;

9) Description of service;

10) Where applicable, the dates of beginning and completion of fitting out, laying up or refitting; and

11) Signature of master or authorized representative.

SCHEDULE 5 TO PART 1
(Paragraph 106(2)(d))

TESTIMONIAL OF SEA SERVICE (ENGINE DEPARTMENT)

INFORMATION TO BE PROVIDED

1) Name and address of vessel owner;

2) Name and CDN number of applicant;

3) Number of participations in emergency drills by the applicant;

4) Information on the vessel:

a. Name,

b. Port of registry,

c. Official number,

d. Type,

e. Cargo,

f. Propulsive power,

g. Propulsion type (motor or steam),

h. Engine type and make, and

i. Rated generators capacity;

5) Date applicant signed on;

6) Date applicant signed off;

7) Rank and seniority of applicant;

8) Number of days spent underway and type (number of hours) of watch;

9) Description of service;

10) Where applicable, the dates of beginning and completion of fitting out, laying up or refitting; and

11) Signature of chief engineer and master or authorized representative.

PART 2

CREWING

DIVISION 1

GENERAL

Application

200. (1) Division 2 applies to self-propelled Canadian vessels, other than cable ferries, that are engaged on a voyage.

(2) Division 3 applies to MOUs that are Canadian vessels, on station for the purpose of petroleum exploration or production, except MOUs in the Great Lakes Basin or waters to which the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada-Newfoundland Atlantic Accord Implementation Act applies.

(3) Division 4 applies to foreign vessels that are in Canadian waters except MOUs in waters to which the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada-Newfoundland Atlantic Accord Implementation Act applies.

(4) Division 5 applies to all vessels that are securely

(a) anchored in port; or

(b) moored to shore.

(5) Division 6 applies to high-speed crafts, air cushion vessels, wing-in-ground crafts and sailing vessels that are Canadian vessels.

(6) Division 7 applies to vessels that are not securely anchored in port or securely moored to shore and that are

(a) Canadian vessels that are required to be fitted with a ship station in accordance with the Ship Station (Radio) Regulations, 1999; and

(b) foreign vessels in Canadian waters that are fitted with a ship radio station.

(7) Division 8 applies to a seafarer who is or who seeks to be a member of the complement of a Canadian vessel who

(a) is or would be required by this Part to hold a certificate issued under

(b) is or would be employed by the authorized representative to work on board a vessel of 200 gross tonnage or more, other than a fishing vessel, that is

(c) is or would be employed by the authorized representative to work on board a vessel, other than a fishing vessel, that is engaged on an international voyage.

General Prohibition

201. No Canadian vessel shall navigate anywhere and no foreign vessel shall navigate in Canadian waters unless the requirements of this Part are met.

Safe Manning Requirements

202. (1) Every Safety Convention vessel shall comply with the safe manning requirements established for the vessel by the Administration in accordance with IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it.

(2) If subsection (1) requires a person to hold a certificate, the certificate shall be

(a) issued or endorsed by the Administration; and

(b) endorsed as meeting the requirements of the STCW Convention.

Inspection of Certificates and Endorsements

203. The master of a vessel or, in the case of an MOU to which Division 3 applies, the offshore installation manager shall ensure that the certificates and endorsements required by these Regulations are kept readily available on board the vessel for inspection by a marine safety inspector.

Dispensations

204. If no person holding a certificate or endorsement required under these Regulations is available for employment in a position for which that certificate or endorsement is necessary, the Minister may, in accordance with Article VIII of the STCW Convention, issue a dispensation permitting a specified person to serve in that position on a specified vessel until the earlier of

(a) the day on which a person with that certificate or endorsement is available; and

(b) six months after the dispensation is issued.

DIVISION 2

CANADIAN VESSELS

Training and Familiarization

205. (1) The master of a vessel shall ensure that a person assigned any function on that vessel shall receive on board familiarization and safety training as set out in TP 4957 before they start to fulfil any duty on the vessel.

(2) Subject to subsection (3) to (5), every member of the complement assigned to safety or pollution prevention duties on a vessel shall hold a training certificate in marine emergency duties with respect to STCW basic safety applicable to the vessel.

(3) The master shall ensure that every member of the complement of a vessel described in column 1 of an item of the table to this subsection assigned to safety or pollution prevention duties on that vessel shall, before completing a total of six months of sea service, obtain at least one of the training certificates in marine emergency duties with respect to basic safety that are set out as applicable in columns 2 to 5 of that item.

TABLE

(4) Every member of the complement assigned to safety or pollution prevention duties on a vessel that carries a passenger, not more than 150 gross tonnage, with unberthed accommodations, engaged on a sheltered water voyage, other than a ferry and that operates on a seasonal basis, shall, before completing a total of six months of sea service,

(a) obtain at least one of the training certificates in marine emergency duties with respect to basic safety that are set out as applicable in columns 2 to 5 of item 4 of the table to subsection (3); or

(b) if the person is not required by these Regulations to hold a certificate to perform their duties on board the vessel, obtain a training certificate in marine emergency duties with respect to small seasonal passenger vessel safety (non-certificated personnel) for that vessel.

(5) Subsections (2) to (4) do not apply in respect of a vessel that is 8 m or less in overall length that does not carry a passenger or carries six or fewer passengers and that is engaged on a sheltered waters voyage, other than a tug or fishing vessel, if the person having conduct of the vessel holds a Pleasure Craft Operator Card issued under the Competency of Operators of Pleasure Craft Regulations.

(6) Every person assigned to a fire team on the muster list shall hold a training certificate in

(a) if the vessel is engaged on a sheltered waters voyage or near coastal voyage, Class 2, MED with respect to basic safety; and

(b) subject to subsection (7), in all other cases, MED with respect to STCW basic safety.

(7) If the vessel is of open construction or is not required to carry a fireman's outfit, the person referred to in paragraph (6)(b) shall be the holder of at least a training certificate in marine emergency duties with respect to basic safety applicable to the vessel in accordance with the table to subsection (3).

(8) Every person assigned on the muster list to the preparation or launching of a survival craft, other than a manually launched life raft or manually launched inflatable rescue platform, shall obtain a training certificate with respect to proficiency in survival craft and rescue boats other than fast rescue boats.

(9) Every person employed on a vessel equipped with a marine evacuation system (MES) shall have received instruction regarding the deployment of such a system using the vessel's on-board training aids and persons assigned on the muster list to the operation of the MES shall

(a) have participated in a full deployment of the system in accordance with the system's approval certificate; or

(b) provide an attestation evidencing successful completion of the manufacturer's training.

(10) A person designated to take charge of medical care on board a vessel shall

(a) be a physician; or

(b) have successfully completed the approved training course in medical care entitled proficiency for persons in charge of medical care on board ship.

(11) A person designated to provide first aid on a vessel shall hold the following training certificate in first aid:

(a) if the vessel is engaged on a sheltered waters voyage or near coastal voyage, Class 2, marine basic or marine advanced first aid or, in the case of an MOU, a certificate with respect to a course that the Minister accepts as being equivalent in content to the advanced first aid course; and

(b) if the vessel is engaged on a near coastal voyage, Class 1 or unlimited voyage, marine advanced first aid or, in the case of an MOU, a certificate with respect to a course that the Minister accepts as being equivalent in content to the marine advanced first aid course.

206. (1) The authorized representative of a vessel shall provide to the master written instructions that, at a minimum, set out the operational instructions for the equipment that is specific to the vessel and describe the duties assigned to each member of the complement and the policies and procedures to be followed to ensure that each member of the complement of the vessel, before being assigned any duty,

(a) is familiar with the vessel and their assigned duties; and

(b) can effectively perform their assigned duties when fulfilling duties vital to safety or the prevention or mitigation of pollution.

(2) The master shall ensure that

(a) each member of the vessel's crew, at the beginning of their employment and thereafter in a manner to maintain their knowledge up to date, is trained in the policies and procedures referred to in subsection (1) and can carry them out; and

(b) records of training in these policies and procedures, which include the following information, are readily available on board the vessel or, if a vessel does not travel more than five nautical miles from its home port, in its home port for inspection by a marine safety inspector:

Minimum Complement

207. (1) The authorized representative shall ensure that the minimum complement of a vessel as set out in its Safe Manning Document meets the requirements of this section.

(2) A person performing the duties of a position listed on the Safe Manning Document may fulfil the requirements of more than one subsection of this section.

(3) The minimum complement of a vessel shall be sufficient in number to ensure compliance with the requirements set out in sections 320 to 322 and shall consist of

(a) the master;

(b) a person in charge of the machinery, except if the vessel

(c) the persons required to keep

(d) if the vessel 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;

(e) a designated security officer holding a Vessel Security Officer Proficiency certificate, if required by the Marine Transportation Security Regulations, who may be one of the persons referred to in any of paragraphs (a) to (d) or (f) to (i);

(f) if the vessel is engaged on a voyage of a duration of more than three days that is a near coastal voyage, Class 1 or an unlimited voyage, except in the case of a fishing vessel, a person designated to take charge of medical care on board the vessel who is

(g) a person designated to provide medical first aid on board the vessel who is qualified under subsection 205(11);

(h) for each fast rescue boat on board the vessel, two teams of

(i) any additional persons that may be required on board by the ordinary practice of seamen for normal safe operation of the vessel, including docking, anchoring and fuelling.

(4) The minimum complement of a vessel, in order to deal with an emergency situation, shall consist of

(a) the master;

(b) the persons required to keep

(c) the principal communicator as set out in section 267; and

(d) the persons needed to simultaneously carry out the following tasks:

(5) The minimum complement of a vessel shall consist of a sufficient number of persons to carry out an evacuation and, in the case of a vessel that carries a passenger, to implement the evacuation plan required by the Life Saving Equipment Regulations.

(6) Subject to subsection (7), the minimum complement of a vessel, in order to deal with a post-abandonment situation, shall consist of a sufficient number of certificated persons to meet the requirements of sections 208 to 210.

(7) In order to deal with an evacuation situation or, despite subsection 209(2), a post-abandonment situation, the master may, instead of the two teams required by that subsection, assign one team for each fast rescue boat carried on board.

208. (1) The master of a vessel shall assign for each lifeboat that is required by the Life Saving Equipment Regulations and that has a specified capacity

(a) of 50 or fewer persons, at least two certificated persons; and

(b) of more than 50 persons, at least three certificated persons.

(2) In the case of a motorized lifeboat, the master shall ensure that one of the persons assigned to it has received the necessary training to operate the motor and carry out minor adjustments to it.

209. (1) The master of a vessel shall assign for each emergency boat or rescue boat carried on board, other than a fast rescue boat

(a) one team of at least two certificated persons, if the vessel is engaged on a sheltered waters voyage or a near coastal voyage, Class 2; and

(b) one team of at least three certificated persons, if the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage.

(2) The master of a vessel shall assign for each fast rescue boat

(a) two teams of at least two persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on a sheltered waters voyage or a near coastal voyage, Class 2; and

(b) two teams of at least three persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on a near coastal voyage, Class 1 or an unlimited voyage.

(3) If the aggregate capacity of survival craft required to accommodate all persons on board a vessel that carries a passenger can be met without the need to use one or more rescue boats or emergency boats that are on board, then the certificated persons required for those supplementary rescue boats or emergency boats may be the same persons assigned to the lifeboats, life rafts or inflatable rescue platforms under sections 208 and 210.

210. (1) Subject to subsections (2) and (3), the master of a vessel shall assign

(a) if the vessel carries a passenger and is engaged on a sheltered waters voyage,

(b) in all other cases, at least one certificated person per inflatable life raft or inflatable rescue platform that is required to be carried on board by the Life Saving Equipment Regulations.

(2) If a vessel is engaged on a sheltered waters voyage or a near coastal voyage, Class 2, a certificated person required under subsection (1) may be replaced by any member of the complement if at least 75 per cent of the complement consists of certificated persons and the remainder of the complement is familiarized with the operation of survival craft.

(3) If a vessel is engaged on a sheltered waters voyage, the certificated person may be replaced by a person who holds a training certificate in MED with respect to basic safety applicable to the vessel in accordance with the table to subsection 205(3).

Safe Manning Document

211. (1) Every Safety Convention vessel shall carry on board a Safe Manning Document issued by the Minister, complying with SOLAS and valid for a maximum of five years after the day of its issuance.

(2) Every vessel that is not a Safety Convention vessel and that is required to carry an inspection certificate shall carry on board a Safe Manning Document, issued by the Minister and valid for a maximum of five years after the day of its issuance, to specify

(a) the minimum number of members of the complement;

(b) the certificates required to be held by the members of the complement; and

(c) any endorsements, conditions or limitations on the certificates referred to in paragraph (b).

Masters and Deck Officers

212. (1) This section applies to a fishing vessel beginning on

(a) November 7, 2008 if the vessel is of 60 gross tonnage or less and more than 15 m in overall length;

(b) November 7, 2009 if the vessel is more than 14 m in overall length but no more than 15 m;

(c) November 7, 2010 if the vessel is more than 13 m in overall length but no more than 14 m;

(d) November 7, 2012 if the vessel is more than 12 m in overall length but no more than 13 m;

(e) November 7, 2015 if the vessel is more than 6 m in overall length but no more than 12 m; or

(f) November 7, 2016 if the vessel is 6 m or less.

(2) Every vessel that is engaged on a voyage shall have on board and its authorized representative shall employ

(a) subject to subsection (3), a master;

(b) in the case of a vessel of 500 gross tonnage or more or that carries more than 50 passengers, a chief mate; and

(c) a sufficient number of deck officers to ensure that the requirements of sections 213 to 216 are met.

(3) Certificates of the fishing vessel category are valid only for fishing vessels, while other categories of certificates are valid also for fishing vessels, subject to the limitations in the gross tonnage and class of voyage mentioned on the certificate.

(4) Every person who holds a certificate set out in column 1 of an item of table 1 or 2 to this section may perform the functions of a position referred to in any of columns 2 to 5 of that item on a vessel that is engaged on a type of voyage set out in the heading to that column, subject to the limitations indicated.

TABLE 1

MASTER AND MATE CERTIFICATES

Note 1: For the purposes of items 10 and 14 to 18 of the present table, a near coastal voyage, Class 1 does not include an inland voyage on Lake Superior or Lake Huron.

Note 2: For the purposes of items 10 and 14 to 18 of the present table, a near coastal voyage, Class 2 includes an inland voyage on Lake Superior or Lake Huron that is not a sheltered waters voyage.

Note 3: A near coastal voyage, Class 1 limited to the waters contiguous to Canada, the United States (except Hawaii) and Saint Pierre and Miquelon.

Note 4: The certificate set out in column 1 authorizes a near coastal voyage, Class 2 if the voyage is a "minor waters voyage" as defined in the Canada Shipping Act in the version that was in force immediately before the coming into force of the Act.

TABLE 2

MASTER CERTIFICATES — FISHING VESSELS

Note 1: For the purposes of items 5 and 6 of the present table, a near coastal voyage, Class 1 does not include an inland voyage on Lake Superior or Lake Huron.

Note 2: For the purposes of items 5 and 6 of the present table, a near coastal voyage, Class 2 includes an inland voyage on Lake Superior or Lake Huron that is not a sheltered waters voyage.

Deck Watch

213. Subject to section 254, the master of a vessel shall ensure that its intended voyage is planned and that a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.

214. Subject to paragraph 216(2)(b) and subsection 216(4), no person shall act, and no master shall permit a person to act, as a member of the deck watch of a vessel unless the person holds a certificate appropriate to the class of vessel, the area in which the vessel operates and the duties to be performed by the person.

215. (1) The master of a vessel shall be on duty as required by the ordinary practice of seamen.

(2) The master of a vessel shall not be counted as a member of the deck watch unless the vessel is

(a) securely anchored in port or securely moored to shore;

(b) of 1 000 gross tonnage or less; or

(c) of more than 1 000 gross tonnage but less than 3 000 gross tonnage and at least three deck watches are established.

216. (1) The minimum deck watch required by this section shall be supplemented if the master determines that it is required by the ordinary practice of seamen.

(2) The deck watch on a vessel shall consist of at least the following persons:

(a) a person in charge of the deck watch who

(b) subject to subsections (3) and (4), an additional person who holds, if the vessel is of 500 gross tonnage or more, at a minimum, an Able Seafarer certificate or a Bridge Watch Rating certificate;

(c) subject to subsections (4) and (5), if the vessel is of more than 1 000 gross tonnage and is not securely anchored in port or securely moored to shore, a second additional person who holds, at a minimum, an Able Seafarer certificate or a Bridge Rating certificate; and

(d) if the vessel is of 100 gross tonnage or less, a person in charge of the radio watch who is qualified in accordance with section 266, unless the person in charge of the deck watch is so qualified.

(3) An additional person is not required if

(a) the vessel is engaged in a log sorting or yarding operation that is carried out at a booming ground and that does not use lines or chains;

(b) the vessel is a harbour tug that

(c) the vessel is of 1 000 gross tonnage or less and is securely anchored in port or securely moored to shore.

(4) The additional person and the second additional person are not both 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 on a stationary MOU, or on any other vessel of more than 1 000 gross tonnage, if that vessel is fitted with toilet facilities that are adjacent to the navigating bridge for the use of the deck watch, as well as fitted with the equipment listed in the schedule to this Part, which equipment shall be

(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 board a vessel that meets the requirements of subsection (5) if the use of the automatic system is prohibited by local by-laws or where the use of the automatic steering system could interfere with prompt helm action in the following circumstances:

(a) restricted visibility;

(b) traffic density; or

(c) hazardous navigational situations.

Engineers

217. Sections 218 to 226 do not apply in respect of

(a) vessels of less than 5 gross tonnage;

(b) vessels of open construction; and

(c) vessels propelled by outboard engines that are not permanently attached to the vessel.

218. An engineer certificate shall correspond to the vessel's propulsion type as follows:

(a) in the case of a motor vessel 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 or motor ship category.

219. (1) Subject to subsection (2), a vessel that carries a passenger and is engaged on a voyage of a class set out in column 1 of an item of the table to this subsection and that has a propulsive power within a range set out in column 2 of that item shall have on board and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that item and range, one engineer who holds, at a minimum, that certificate in the category appropriate to the vessel's propulsion type.

TABLE

ENGINEER CERTIFICATES — VESSELS THAT CARRY A PASSENGER

(2) The authorized representative of a vessel that carries a passenger and that has a propulsive power of at least 750 kW but not more than 1 499 kW and that is engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2, of less than six hours duration, may have on board and its authorized representative may employ a person who holds a Small Vessel Machinery Operator certificate, if

(a) the vessel has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and the duplication allows for continued propulsion and steering should one engine fail;

(b) the propulsion system is controlled from the bridge and has all the necessary gauges, alarms, and engine and emergency controls;

(c) continuous radio contact is maintained with the home base;

(d) the authorized representative provides

(e) records of the pre-departure procedures are kept readily available, for inspection by a marine safety inspector, on board the vessel or, in the case of a vessel that does not travel more than five nautical miles from its home port, in its home port.

220. (1) Subject to subsection (2), a cargo vessel that is engaged on a voyage of a class set out in column 1 of an item of the table to this subsection and has a propulsive power within a range set out in column 2 of that item shall have on board and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that item and range, one engineer who holds, at a minimum, that certificate in the category appropriate to the vessel's propulsion type.

TABLE

ENGINEER CERTIFICATES — CARGO VESSELS

(2) The authorized representative of a cargo vessel that has a propulsive power of at least 750 kW but not more than 1 999 kW and that is engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2, of less than six hours duration, may have on board and employ a person who holds a Small Vessel Machinery Operator certificate if

(a) the vessel has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and the duplication allows for continued propulsion and steering should one engine fail;

(b) the propulsion system is controlled from the bridge and has all the necessary gauges, alarms, and engine and emergency controls;

(c) continuous radio contact is maintained with the home base;

(d) the authorized representative provides

(e) records of pre-departure procedures are kept readily available on board the vessel or, in the case of a vessel that does not travel more than five nautical miles from its home port, in its home port for inspection by a marine safety inspector.

221. (1) Subject to subsections (2) and (3), a tug that is engaged on a voyage of a class referred to in column 1 of an item of the table to this subsection and has a propulsive power within a range set out in column 2 of that item shall have on board and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that item and range, one engineer who holds, at a minimum, that certificate in the category appropriate to that vessel's propulsion type.

TABLE

ENGINEER CERTIFICATES — TUGS

(2) A tug that has a propulsive power of at least 1 500 kW but not more than 2 999 kW and that is engaged on a sheltered waters voyage or a limited near coastal voyage, Class 2, of less than six hours duration, may have on board, and its authorized representative may employ, a person who holds a Small Vessel Machinery Operator certificate if

(a) the vessel has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and the duplication allows for continued propulsion and steering should one engine fail;

(b) the propulsion system is controlled from the bridge with all necessary gauges, alarms, and engine and emergency controls;

(c) continuous radio contact is maintained with the home base;

(d) the authorized representative provides

(e) records of the pre-departure procedures are kept readily available on board the vessel or, in the case of a vessel that does not travel more than five nautical miles from its home port, in its home port for inspection by a marine safety inspector.

(3) A harbour tug of less than 500 gross tonnage that is not carrying a passenger and is being used to assist a vessel to dock or undock and that is at no time more than five nautical miles from a dock sheltered from adverse conditions related to weather, tides, currents or ice, may have on board and employ instead of the engineer required by subsection (1), a person who holds a Small Vessel Machinery Operator certificate if

(a) the vessel complies with the requirements of Schedule VIII of the Marine Machinery Regulations;

(b) a shore engineer is readily available should the master determine that the vessel requires immediate assistance;

(c) the authorized representative provides a list of pre-departure procedures and verifications to be carried out by the small vessel machinery operator;

(d) records of the pre-departure procedures are kept readily available, for inspection by a marine safety inspector, on board the vessel or, in the case of a vessel that does not travel more than five nautical miles from its home port, in its home port; and

(e) continuous radio contact is maintained with the home base.

222. Every fishing vessel that is engaged on a voyage of a class referred to 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 its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that item and range, one engineer who holds, at a minimum, that certificate.

TABLE

ENGINEER CERTIFICATES — FISHING VESSELS

Engineering Watch

223. Subject to section 255, the chief engineer of a vessel shall ensure, in consultation with the master, that its voyage is planned and that an engineering watch is maintained in accordance with Parts 2, 3, and 3-2 of section A-VIII/2 of the STCW Code.

224. (1) Subject to section 226, the chief engineer of a vessel shall ensure, in consultation with the master, that the engineering watch of a vessel consists of

(a) if the vessel carries a passenger and has a propulsive power of more than 75 kW or is a cargo vessel or fishing vessel that has a propulsive power of more than 750 kW or a tug that has a propulsive power of 1 500 kW or more, that is engaged on a sheltered waters voyage or near coastal voyage, Class 2, limited, a person in charge of the engineering watch who

(b) if the vessel has a propulsive power of more than 750 kW, a person who holds an Engine-room Rating certificate.

(2) Paragraph (1)(b) does not apply to vessels in which the machinery essential to the safe operation of the vessel has automatic operational features that, while the machinery is in operation, provide fuel to the machinery and lubricate it from a supply that is sufficient to enable the machinery to operate continuously at full load for a period of at least 24 hours, and

(a) whose propulsion is remotely controlled from the bridge; or

(b) that is not manoeuvring.

225. (1) A vessel that is equipped in accordance with Schedule VIII of the Marine Machinery Regulations may operate with periodically unattended machinery spaces if the remote control and monitoring systems in those spaces are inspected at intervals not exceeding 12 months and the inspection certificate is endorsed to confirm the inspection.

(2) Subsection (1) does not apply to a vessel of 500 gross tonnage or more when it is manoeuvring.

Dual Capacity

226. (1) Subject to subsections (2) and (3), no person shall act in the dual capacity of master and engineer on a motor vessel that is more than 20 m in length.

(2) A person may act in the dual capacity of master and engineer on a motor vessel that is 20 m or less in length if

(a) the person holds a certificate enabling them to act in the capacity of master on board that vessel and, if these Regulations require that an engineer certificate be held, an engineer certificate;

(b) the vessel's motor is installed so that

(c) there is on board, in addition to the person acting in the dual capacity, at least one crew member who is 18 years of age or older and is able to render any assistance that might be necessary in an emergency.

(3) Paragraph (2)(c) does not apply if

(a) the route of the vessel is such that at no time is it likely to encounter sufficiently rough water to cause a casualty;

(b) in the event of a person going overboard, the person acting in the dual capacity can, single-handedly, manoeuvre the vessel to effect a prompt rescue; and

(c) the person acting in the dual capacity can, single-handedly, efficiently launch and use survival craft or other appropriate life saving equipment.

Cooks

227. If a vessel has on board and employs a cook, the authorized representative shall ensure that the cook holds a Ship's Cook certificate if the vessel is

(a) of 1 000 gross tonnage or more;

(b) used in the transportation of cargo or passengers for the purpose of trade; and

(c) engaged on a voyage extending south of 36° N.

Endorsements and Certificates — Tankers and Vessels that Carry a Passenger

228. (1) Every master, chief mate, chief engineer or second engineer employed on an oil tanker, chemical tanker or liquefied gas tanker shall hold a specialized Oil Tanker Training endorsement, Specialized Chemical Tanker Training endorsement or Specialized Liquefied Gas Tanker Training endorsement, as the case may be.

(2) Every oil tanker, chemical tanker or liquefied gas tanker shall have on board and its authorized representative shall employ, for each function set out in column 1 of an item of the table to this section, one person who holds the certificate or endorsement set out in column 2 of that item.

(3) If the tanker uses an inert gas system or a crude oil washing system,

(a) the persons who have responsibilities in respect of the operation of these systems shall

(b) the other persons assigned tasks referred to in the vessel's Operations and Equipment Manual, which manual shall comply with Regulation 13B(5) of Annex I to the Pollution Convention, shall have

TABLE

ENDORSEMENTS AND CERTIFICATES — TANKERS

229. (1) In the case of a ro-ro vessel that carries a passenger, that is more than 500 gross tonnage and that is engaged on a voyage other than a sheltered waters voyage, every master, chief mate, chief engineer, second engineer and, if assigned one of the following duties, other persons employed on that vessel, shall hold a Specialized Passenger Safety Management (Ro-Ro Vessels) certificate or endorsement:

(a) loading, discharging or securing cargo;

(b) closing hull openings; or

(c) ensuring passenger safety in emergency situations.

(2) Every person, other than the persons referred to in subsection (1), employed on a ro-ro vessel of more than 500 gross tonnage that carries a passenger and that is engaged on a voyage other than a sheltered waters voyage shall hold a Passenger Safety Management certificate or endorsement if their assigned duties include any of the following:

(a) assisting passengers in emergency situations;

(b) providing direct service to passengers in passenger spaces; or

(c) embarking or disembarking passengers.

230. Every person on the muster list of a vessel that carries a passenger, that is more than 500 gross tonnage and that is engaged on a voyage other than a sheltered waters voyage, other than a ro-ro vessel that carries a passenger, shall hold a Passenger Safety Management certificate or endorsement if their assigned duties include any of the following:

(a) assisting passengers in emergency situations;

(b) providing direct service to passengers in passenger spaces; or

(c) embarking or disembarking passengers.

DIVISION 3

MOBILE OFFSHORE UNITS

Training and Familiarization

231. (1) Subject to subsection (2), the offshore installation manager shall ensure that visitors and personnel not directly employed on board the MOU or regularly assigned on board the MOU who are on board for a short period of time and who have no tasks in relation to the normal operations of the unit shall receive offshore orientation, familiarization training and instruction in personal survival techniques and workplace safety that ensure that personnel know of the MOU's organizational structure and chain of command and are able to

(a) communicate with other persons on board regarding basic safety matters and understand safety information symbols, signs and alarm signals, especially with respect to knowing what to do if

(b) locate and don a lifejacket and immersion suit;

(c) identify muster and embarkation stations and emergency escape routes;

(d) raise the alarm and have a basic knowledge of the use of portable fire extinguishers;

(e) take immediate action upon encountering an accident or a medical emergency on board;

(f) close and open the fire, weathertight and watertight doors fitted on the MOU, other than those for hull openings; and

(g) follow the MOU's safe work practices in accordance with the Canada Labour Code and respect the permit-to-work system applicable on board the MOU.

(2) The orientation, training and instruction referred to in paragraphs (1)(d) to (g) may be reduced in scope or omitted in the case of persons not staying on board overnight, provided such persons are accompanied by a person referred to in section 232 or 233.

232. (1) The offshore installation manager shall ensure that personnel without designated responsibility for the safety and survival of others shall receive

(a) familiarization training as set out in section 231;

(b) hydrogen sulfide training, if there is a possibility that substance will be found on the MOU;

(c) training on workplace hazardous materials information systems (WHMIS); and

(d) before completing one month on board the MOU, basic training in

(2) The training referred to in paragraph (1)(d) shall be administered by a crew member having the pertinent specialized training set out in section 233.

(3) The authorized representative of an MOU shall ensure that a record of training is kept, and is presented upon request for inspection by a marine safety inspector, to allow the inspector to verify that all personnel without designated responsibility for the safety and survival of others have achieved the required standard of competence within the five preceding years.

233. (1) The offshore installation manager shall ensure that a crew member who is assigned specific duties on the muster list holds

(a) if the crew member is in charge of a survival craft, a training certificate in MED with respect to proficiency in survival craft and rescue boats other than fast rescue boats;

(b) if the crew member is a member of a fire fighting team, a training certificate in MED with respect to advanced fire fighting;

(c) if the crew member is assigned to operate a fast rescue boat, a Proficiency in Fast Rescue Boats certificate or endorsement; and

(d) if the crew member is designated to provide immediate first aid, a marine advanced first aid certificate.

(2) Instead of holding a certificate or endorsement required by subsection (1), a crew member may hold a certificate referred to in the Canadian East Coast Offshore Petroleum Industry, Standard Practice for the Training and Qualification of Personnel, published by the Canadian Association of Petroleum Producers, as amended from time to time, if the Minister has determined it to be equivalent to the certificate or endorsement required by subsection (1).

Minimum Complement

234. (1) The authorized representative of the MOU shall ensure that the minimum complement consists of

(a) an offshore installation manager who holds an Offshore Installation Manager certificate appropriate to the type of MOU;

(b) a barge supervisor who holds a Barge Supervisor certificate appropriate to the type of MOU;

(c) in the case of an MOU/surface, a ballast control operator who holds a Ballast Control Operator certificate and who may be, if the ballast controls are located within the bridge or the space in which the deck watch is conducted, the person in charge of the deck watch;

(d) in the case of an MOU/self-propelled, the number of persons necessary to ensure a continuous deck watch, each of the persons in charge of whom shall hold, at a minimum, a Watchkeeping Mate certificate;

(e) in the case of an MOU/self-elevating or an MOU/ submersible, the number of persons necessary to ensure a continuous deck watch;

(f) a person in charge of the machinery who holds a Maintenance Supervisor certificate appropriate to the type of MOU;

(g) an engineer in charge of the engine-room watch who holds a Fourth-class Engineer, Motor Ship certificate; and

(h) a designated security officer who holds a Vessel Security Officer Proficiency certificate, if required by the Marine Transportation Security Regulations.

(2) The authorized representative of an MOU/surface shall ensure that the unit has a sufficient number of certified ballast control operators to ensure that the ballast control position is continuously crewed by a certificated ballast control operator.

235. Every MOU shall have on board and its authorized representative shall employ

(a) for each fast rescue boat on board, at least two teams of three persons, each of whom hold a Proficiency in Fast Rescue Boats certificate or endorsement;

(b) for each rescue boat other than a rescue boat referred to in paragraph (a) on board, at least one team of three certificated persons; and

(c) for each lifeboat that is required for the evacuation of all persons on board, two certificated persons.

Safe Manning Document

236. (1) On application by the authorized representative of an MOU, the Minister shall issue a document that specifies

(a) the minimum number of members of the complement as established in accordance with section 234;

(b) the certificates to be held by the members of the complement in accordance with sections 177 to 183; and

(c) if applicable, any conditions or limitations referred to on the certificates referred to in paragraph (b).

(2) The authorized representative of an MOU shall ensure that the document referred to in subsection (1) is carried on board.

Deck Watch

237. The offshore installation manager of an MOU shall ensure that a deck watch is maintained in accordance with Parts 3 and 3-1 of section A-VIII/2 of the STCW Code.

238. (1) The minimum deck watch required by this section shall be supplemented as required by the ordinary practice of seamen for normal safe operation of the MOU.

(2) The offshore installation manager may be counted as a member of the deck watch.

(3) The offshore installation manager of an MOU shall ensure that each deck watch on the MOU consists of at least the following persons:

(a) a person in charge of the deck watch who

(b) an additional person who, if the MOU is of 500 gross tonnage or more, holds an Able Seafarer certificate or a Bridge Rating certificate; and

(c) a person in charge of the radio watch who is qualified in accordance with section 266, unless the person in charge of the deck watch is so qualified.

Engineering Watch

239. The offshore installation manager of an MOU shall ensure that the engineering watch on board is maintained in accordance with Parts 3 and 3-2 of section A-VIII/2 of the STCW Code.

240. (1) The offshore installation manager of an MOU shall ensure that the engineering watch consists of an engineer in charge of the engine-room watch who holds, at a minimum, a Fourth-class Engineer, Motor Ship certificate.

(2) If an MOU meets the requirements of Schedule VIII to the Marine Machinery Regulations, it may operate with periodically unattended machinery spaces if 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.

DIVISION 4

FOREIGN VESSELS

Minimum Complement

241. The authorized representative of a vessel shall ensure that its complement consists of at least the following persons:

(a) the master;

(b) the persons needed to form the

(c) a person in charge of the vessel's machinery unless the vessel is a cargo vessel, a tug or a fishing vessel with a propulsive power of not more than 750 kW; and

(d) a designated security officer who holds a Vessel Security Officer Proficiency certificate, if required by the Marine Transportation Security Regulations.

Safe Manning Document

242. (1) This section does not apply in respect of

(a) fishing vessels;

(b) wooden ships of primitive build referred to in paragraph A of Regulation 3 of Chapter I of SOLAS;

(c) cargo vessels and tugs of less than 500 gross tonnage; and

(d) vessels that are engaged on a sheltered waters voyage or on a near coastal voyage, Class 2.

(2) The authorized representative of a Safety Convention vessel shall ensure that the vessel carries on board a Safe Manning Document or an equivalent document that was issued by the Administration as evidence that the vessel has on board the minimum complement necessary to satisfy the safe manning requirements of SOLAS.

(3) The authorized representative of a vessel that is engaged in the coasting trade or of a vessel that is not a Safety Convention vessel shall ensure that it carries on board a document issued by the Administration and containing, in English,

(a) the following identification information about the vessel:

(b) a table showing

(c) a statement by the Administration that the vessel named in the document is safely crewed when it carries not less than the complement referred to in the document, whose members hold the certificates indicated in that document, subject to any conditions or limitations referred to on those certificates;

(d) a statement of any conditions or limitations on the validity of the document by reference to particulars of the vessel 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 vessel engaged in the coasting trade, an endorsement issued by the Minister that

Issuance and Validity of Certificates

243. Every master, mate, engineer or any other person that forms part of an engine-room watch or deck watch on a vessel shall hold a certificate of competency that is

(a) issued or endorsed by the Administration;

(b) appropriate to the duties performed by that person on the vessel;

(c) endorsed by the Administration as meeting the provisions of the STCW Convention; and

(d) valid under the STCW Convention for the vessel and the voyage on which the vessel is engaged.

Deck Watch

244. Subject to section 254, the master of a vessel shall ensure that a voyage is planned and a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.

245. Subject to subsection 247(2), no person shall act, and no master shall permit a person to act, as a member of the deck watch unless the person is the holder of a certificate appropriate to the class of vessel and the voyages on which the vessel is engaged.

246. The master of a vessel shall be on duty as required by the ordinary practice of seamen.

247. (1) The master of a vessel shall ensure that the deck watch consists of, at a minimum

(a) a person in charge of the deck watch who holds a certificate permitting them to be the officer in charge of the deck watch;

(b) subject to subsections (2) and (3), if the vessel is of 500 gross tonnage or more, an additional person who holds, at a minimum, an Able Seafarer certificate or a Bridge Watch Rating certificate;

(c) subject to subsections (2) and (3), if the vessel is of more than 1 000 gross tonnage, a second additional person who holds, at a minimum, an Able Seafarer certificate or a Bridge Watch Rating certificate; and

(d) if the vessel is of 100 gross tonnage or less, a person in charge of the radio watch who has qualifications equivalent to those set out in sections 264 to 267, unless the person in charge of the deck watch is so qualified.

(2) The additional person and the second additional person are not both required, in respect of one of the deck watches in any 24-hour period, to hold the certificate referred to in paragraph (1)(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.

(3) Subject to subsection (4), a second additional person is not required on a stationary MOU, or on any other vessel of more than 1 000 gross tonnage, if that vessel is fitted with toilet facilities that are adjacent to the navigating bridge for the use of the deck watch, as well as fitted with the equipment listed in the schedule to this Part, which equipment shall be

(a) in good working order;

(b) suitably illuminated for night operation; and

(c) used in accordance with the ordinary practice of seamen.

(4) A second additional person is required on board a vessel that meets the requirements of subsection (3) if the use of the automatic system is prohibited by local by-laws or where the use of the automatic steering system could interfere with prompt helm action in the following circumstances:

(a) restricted visibility;

(b) traffic density; or

(c) hazardous navigational situations.

Engineering Watch

248. Subject to section 255, the chief engineer of a vessel shall, in consultation with the master, ensure that its voyage is planned and an engine-room watch is maintained in accordance with Parts 2, 3, and 3-2 of section A-VIII/2 of the STCW Code.

249. (1) The chief engineer of a vessel shall, in consultation with the master, ensure that the engine-room watch consists of

(a) if the vessel has a propulsive power of more than 750 kW, a person in charge of the watch who holds, at a minimum, an engineer certificate appropriate to the vessel's propulsion type; and

(b) an engine-room rating who holds, at a minimum, an Engine-room Rating certificate.

(2) Paragraph (1)(b) does not apply if

(a) the machinery essential to the safe operation of the vessel has automatic operational features that, while the machinery is in operation, provide fuel to the machinery and lubricate it from a supply of lubricant that is sufficient to enable the machinery to operate continuously at full load for a period of not less than 24 hours; and

(b) the propulsion system of the vessel is remotely controlled from the bridge or the vessel is not manoeuvring.

(3) Subject to section 250, if a vessel is equipped in accordance with the Administration's requirements for unattended machinery spaces, it may operate with periodically unattended machinery spaces if the remote control and monitoring systems for those spaces are inspected in accordance with the Administration's rules and the inspection certificate is endorsed to confirm the inspection.

250. Whenever the vessel is manoeuvring, the engineer on watch shall remain present in the engine room unless the engine room is not suitable for a person to physically stand a watch during normal operations by reason of the dimensions or configuration of the room.

Hours of Rest

251. Every Safety Convention vessel shall comply with the hours of rest requirements set out in section A-VIII/1 of the STCW Code.

Endorsements and Certificates — Tankers and Vessels that Carry a Passenger

252. The requirements under chapter V of the STCW Convention with respect to certificates and endorsements required for vessels that carry a passenger and tankers apply to all employees on those vessels that are assigned to the duties referred to in that chapter.

DIVISION 5

VESSELS SECURELY ANCHORED IN PORT OR SECURELY MOORED TO SHORE

Minimum Complement of a Vessel that Carries a Passenger

253. The master of a vessel that is securely anchored in port or securely moored to shore and that has a passenger on board shall ensure that the applicable requirements of sections 213, 237, 244 and 248 are complied with.

Deck Watch

254. The master of a vessel that is securely anchored in port or securely moored to shore and that does not have a passenger on board shall ensure that a deck watch is maintained in accordance with Parts 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code unless the master has made sufficient alternative arrangements to secure the safety of life and the protection of the environment, taking into account those Parts.

Engineering Watch

255. (1) The chief engineer of a vessel that is securely anchored in port or securely moored to shore and that does not have a passenger on board shall ensure, in consultation with the master, that an engine-room watch is maintained in accordance with Parts 4, 4-2, 4-4 and 4-5 of section A-VIII/2 of the STCW Code.

(2) Subsection (1) does not apply in respect of a vessel that does not normally maintain an engine room watch in port if the chief engineer makes, in consultation with the master, sufficient and efficient alternative arrangements to secure the safety of life and the protection of the environment, taking into account Parts 4, 4-2, 4-4 and 4-5 of section A-VIII/2 of the STCW Code.

Radio Watch

256. The master of a vessel that is securely anchored in port or securely moored to shore shall ensure that a continuous listening watch is maintained in accordance with section 8 of the VHF Radiotelephone Practices and Procedures Regulations if, in the master's opinion, the vessel is in a location where it may constitute a hazard to passing vessels.

DIVISION 6

CANADIAN SPECIAL DESIGN CRAFT

Training

257. In addition to complying with the requirements of section 205, all crew members on board a high-speed craft shall hold a certificate indicating that they have received the training and instructions specified in the applicable High-Speed Craft Code.

Masters and Mates

258. (1) Every air cushion vessel that is 1 000 kg or more all up weight shall have on board and its authorized representative shall employ a master who, at a minimum, holds

(a) a Master, Limited certificate if the vessel is less than 10 000 kg all up weight;

(b) a Master 150 Gross Tonnage, Domestic certificate if the vessel is of 10 000 kg or more but less than 50 000 kg all up weight;

(c) a Master 500 Gross Tonnage, Domestic certificate if the vessel is of 50 000 kg or more but less than 100 000 kg all up weight;

(d) a Master 3 000 Gross Tonnage certificate if the vessel is of 100 000 kg or more all up weight; or

(e) despite paragraphs (b) to (d), a Master, Limited certificate if the vessel is engaged on a sheltered waters voyage.

(2) An air cushion vessel that is 40 000 kg or more all up weight or that carries more than 50 persons shall have on board, and its authorized representative shall employ, a chief mate who, at a minimum, holds

(a) a Chief Mate, Limited certificate if the vessel is engaged on a sheltered waters voyage; or

(b) a Chief Mate, 150 Gross Tonnage, Domestic certificate, in all other cases.

(3) The master and mate employed on board an air cushion vessel of more than 1 000 kg all up weight shall also hold a type rating certificate applicable to the type of vessel.

259. Every wing-in-ground craft shall have on board, and its authorized representative shall employ, a master who, at a minimum, holds a Master, Limited certificate.

260. The master of a high-speed craft (HSC), other than an air cushion vessel and any officer who may be called upon to have the conduct of that high-speed craft, shall hold, in addition to the certificates and endorsements required by Division 2 of this Part, a type rating certificate for that craft and the route on which it operates.

Engineers

261. (1) The authorized representative of an air cushion vessel of more than 1 000 kg but less than 10 000 kg all up weight that is not carrying a passenger or that is certified to carry 50 or fewer passengers shall employ for that vessel a person who holds, at a minimum, an Air Cushion Vehicle (ACV) Engineer, Class II certificate.

(2) The master shall ensure that the engineer referred to in subsection (1) is on board an air cushion vessel that is engaged on a voyage during which it is

(a) more than five nautical miles from shore or more than 15 nautical miles from a place of refuge, if the air cushion vessel is carrying a passenger; or

(b) more than 15 nautical miles from a place of refuge, if the air cushion vessel is not carrying a passenger.

(3) The authorized representative of an air cushion vessel of an all up weight of 10 000 kg or more or of an air cushion vessel that is certified to carry more than 50 passengers shall employ one holder of an Air Cushion Vehicle (ACV) Engineer, Class I certificate.

(4) The master of an air cushion vessel referred to in subsection (3) shall ensure that the engineer referred to in that subsection is on board an air cushion vessel that is engaged on a voyage during which it is

(a) more than five nautical miles from shore or more than 15 nautical miles from a place of refuge, if the air cushion vessel is carrying a passenger; or

(b) more than 20 nautical miles from a place of refuge, if the air cushion vessel is not carrying a passenger.

(5) If the master of an air cushion vessel that is engaged on a voyage is not required to have on board that air cushion vessel an engineer with a certificate of competency, the authorized representative shall prepare written instructions that set out the pre-departure procedures for verifications, inspection and maintenance. The details of the procedures and the frequency at which they shall be completed shall be in accordance with the manufacturer's recommendations or a manual reviewed by a marine safety inspector that is based on the operational history of the air cushion vessel.

(6) The master of an air cushion vessel shall ensure that the engineer referred to in subsection (1) or (3), as the case may be, completes the procedures referred to in subsection (5) and that records of those completed procedures are maintained for the duration of the air cushion vessel's period of service.

(7) The authorised representative of an air cushion vessel shall ensure that an engineer employed by the authorized representative holds a type rating certificate applicable to the type of vessel.

262. The engineers employed on board a high-speed craft other than an air cushion vessel shall hold the certificates and endorsements required by Division 2 of this Part and, if they may be required to operate the craft, a type rating certificate applicable to the type of craft.

Sailing Vessels

263. (1) The master of a sail training vessel or sailing vessel of 60 gross tonnage or more that carries a passenger shall hold a Fore and Aft Sailing Vessel, Unlimited endorsement or a Square Rig Sailing Vessel, Unlimited endorsement applicable to the type of rig.

(2) The chief officer of a sail training or sailing vessel that carries a passenger of 60 gross tonnage or more shall hold a Fore and Aft Sailing Vessel, Seasonal (April 15 to November 1), endorsement or a Square Rig Sailing Vessel, Seasonal (April 15 to November 1) endorsement applicable to the type of rig.

DIVISION 7

RADIO WATCH

General

264. The master of a Safety Convention vessel shall ensure that it complies with Regulation 12 of Chapter IV of SOLAS in respect of radio watches.

265. The master of a vessel shall ensure that it complies with

(a) 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, 1973, as amended from time to time, if

(b) in the case of a Safety Convention vessel, Part 3-3 of section A-VIII/2 of the STCW Code.

Composition of a Radio Watch

266. (1) Subject to subsections (2) to (4), the master of a vessel that is required to be fitted with a VHF radiotelephone shall ensure that a person who holds one of the following certificates referred to in Schedule II to the Radiocommunication Regulations is in charge of the radio watch:

(a) Restricted Operator Certificate with Maritime Qualification;

(b) General Operator Certificate; or

(c) Restricted Operator's Certificate.

(2) The master of a vessel that is engaged on a sheltered waters voyage and that is required to be fitted with a VHF installation capable of digital selective calling shall ensure that a person who holds a Restricted Operator's Certificate issued under the Radiocommunication Act on or after the day of the coming into force of these Regulations is in charge of the radio watch.

(3) The master of a vessel that is engaged on a voyage other than a sheltered waters voyage and that is required to be fitted with a VHF installation capable of digital selective calling shall ensure that a person who holds a Restricted Operator's Certificate issued under the Radiocommunication Act is in charge of the radio watch.

(4) The authorized representative of a vessel to which section 10 of the Ship Station (Radio) Regulations, 1999 applies, when operating in sea areas A2, A3 or A4, shall employ and the master of that vessel shall ensure that it has on board

(a) a person who holds a First-class Radioelectronic certificate; or

(b) at least two persons

Principal Communicator

267. (1) The master of a vessel of 300 gross tonnage or more shall assign a member of the crew as principal communicator whose duty is to operate the radio communication equipment during an emergency.

(2) The principal communicator

(a) shall be one of the persons referred to in subsection 266(4); or

(b) if a deck watch on the vessel consists of fewer than three persons, may be any member of the crew who is qualified in the use of the radio communication equipment.

(3) If the duration of an emergency makes the continuous presence of the principal communicator on the bridge unreasonable, the master may assign any other member of the complement qualified in the use of the radio communication equipment to replace the principal communicator.

(4) Despite subsection (1), if the continuous presence of the principal communicator on the bridge becomes unnecessary, the master may relieve them of their duty.

DIVISION 8

MEDICAL EXAMINATION OF SEAFARERS

Designation of Marine Medical Examiners

268. For the purposes of this Division, the Minister shall designate as a marine medical examiner a physician who applies for such designation and who meets the requirements of chapter VI of the ILO/WHO publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers, as amended from time to time.

Employment of Seafarers

269. (1) No person shall employ as a seafarer a person to whom this Division applies unless the person produces

(a) in the case of a seafarer who must be the holder of a certificate of competency to perform their duties, either a medical certificate that is in effect or a provisional medical certificate that is in effect, as well as the certificate of competency and, in the case where it is required, an endorsement to the certificate of competency; and

(b) in the case of all other seafarers, a medical certificate issued by the Minister under section 278 or a provisional medical certificate issued under section 275.

(2) The documents referred to in subsection (1) shall attest to the seafarer's ability to

(a) fulfil the duties for which they are to be employed; and

(b) complete the voyages to be engaged on by the vessel on board which they are to be employed.

(3) No person to whom this Division applies shall accept employment as a seafarer unless they hold a document referred to in subsection (1) that applies to their situation and that attests to their possession of the abilities referred to in subsection (2).

Medical Fitness

270. (1) Subject to subsections (2) to (4), a seafarer who meets the requirements of the ILO/WHO publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers, as amended from time to time, as well as the following requirements shall obtain, following a medical examination confirming that they meet those requirements, a provisional medical certificate issued under section 275 declaring the seafarer fit for sea service, with or without limitations:

(a) adequate muscle strength to lift and carry a mass of 22 kg;

(b) the physical capacity to wear breathing apparatus and the seafarer's personal life saving equipment while climbing ladders;

(c) the agility and strength to carry out the duties that may be assigned to them regarding fire fighting and vessel abandonment in an emergency; and

(d) the physical and mental fitness to fulfil the occupational and operational requirements of the position that they occupy or seek to occupy.

(2) The vision and hearing requirements do not apply to an engineer who held an engineer certificate before July 30, 2002 if they began acquiring the amount of sea service required to obtain that certificate before July 30, 1997 and if

(a) they have obtained or are in the process of obtaining a higher ranking engineer certificate;

(b) they have exchanged, after July 30, 2002, a certificate issued before that date; or

(c) they have obtained a continued proficiency certificate after July 30, 1997 but before the coming into force of these Regulations.

(3) The colour vision requirements do not apply to a seafarer who

(a) is not required under these Regulations to hold a certificate of competency to perform their duties on board a vessel; or

(b) is required to hold one of the following certificates or endorsements to perform their duties on board a vessel:

(4) Seafarers are not required to meet the visual acuity requirements in each eye if they meet those requirements when both eyes are tested together and if they

(a) are not required to hold a certificate to perform duties on board a vessel under these Regulations and began to acquire sea service before July 30, 1997; or

(b) on July 30, 1997, held a certificate and had begun to acquire the qualifying service for it before June 1, 1973, even if the certificate was exchanged or endorsed after July 29, 1997.

Application for Examination

271. An applicant for a medical examination under this Division shall make an application to the physician or registered nurse referred to in section 272 in the form established by the Minister.

Capacity to Conduct Medical Examination

272. (1) Subject to subsection (2), only a marine medical examiner may conduct a medical examination and issue a provisional medical certificate to a seafarer to whom, pursuant to subsection 200(7), this Division applies.

(2) Any physician or registered nurse may conduct a medical examination and issue a provisional medical certificate to a seafarer, whether the seafarer requires a certificate of competency to perform their duties or not, if there is no marine medical examiner within 200 km of

(a) the area of operation in Canadian waters of the vessel on board which the seafarer is employed or seeks to be employed; or

(b) the seafarer's place of residence.

Medical Examination

273. A marine medical examiner, physician or registered nurse conducting a medical examination under this Division shall ensure that the seafarer is assessed in accordance with the requirements set out in section 270.

Aids to Vision and Hearing

274. A seafarer who is required to use an aid to vision or hearing to meet the requirements set out in section 270 shall

(a) in every case, use the aid to perform their duties on board a vessel;

(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.

Provisional Medical Certificates

275. (1) After completing the medical examination of a seafarer under this Division, a marine medical examiner, physician or registered nurse shall

(a) provide the Minister with

(b) except in the case set out in paragraph (c), issue a provisional medical certificate to the seafarer;

(c) in the case where the seafarer is considered unfit for service at sea, provide a provisional letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, attesting to the refusal to issue a provisional medical certificate and giving the reasons for determining that the seafarer is unfit for sea service.

(2) The marine medical examiner, physician or registered nurse shall

(a) except in the case set out in paragraph (1)(c), set out in the provisional medical certificate their assessment of the seafarer's suitability as

(b) if a provisional medical certificate is issued but the issuer remains uncertain as to the seafarer's medical fitness, request that the Minister take one or more of the actions set out in paragraphs 278(2)(a) to (c) and a decision under subsection 278(4).

(3) The validity period of a provisional medical certificate shall end on the earlier of

(a) the date of issuance of a medical certificate by the Minister or the date of a letter from the Minister declaring the Minister's refusal to issue a medical certificate;

(b) six months after the date of issuance of the provisional medical certificate if the certificate is not renewed; and

(c) one year after the date of issuance of the provisional medical certificate if the certificate is renewed.

(4) A provisional medical certificate referred to in subparagraph 2(a)(ii) shall be accompanied by a supporting letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, giving the reasons for determining that the seafarer is fit for service at sea with limitations.

276. For the purposes of this Division, the Minister may accept a provisional medical certificate with respect to a seafarer provided to the Minister by a marine industry association following a medical examination performed, at the request of the association, by a marine medical examiner, despite the fact that the certificate is not in the form established by the Minister and provided it meets the other requirements of section 275.

Contesting the Results of a Medical Examination

277. (1) The following persons may submit a memorandum to the Minister contesting a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate issued with respect to a seafarer:

(a) the seafarer's employer;

(b) the seafarer's prospective employer; and

(c) the seafarer, if they have been declared

(2) If the provisional medical certificate declaring the holder to be fit for service at sea or fit for service at sea with limitations remains in force, a seafarer's employer or prospective employer who, taking into account the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy, has grounds to believe that the seafarer's state of health might constitute a risk to the safety of the vessel on board which they occupy or seek to occupy a position or to the safety of other persons on board, may submit a memorandum to the Minister requesting that the Minister take action in accordance with subsection 278(2).

Issuance of a Medical Certificate or Letter of Refusal to Issue a Certificate

278. (1) A seafarer who has received a provisional medical certificate declaring them fit for service at sea with limitations or a provisional letter of refusal to issue a provisional medical certificate to the seafarer, may, within 30 days of receiving the document, request from the Minister a reconsideration of that decision.

(2) Upon receiving a request under subsection (1), the Minister shall take at least one of the following actions:

(a) direct that further medical examinations or tests be carried out and, if the Minister wishes, stipulate the nature of the examinations or tests required and the persons or organizations to carry them out;

(b) consult any expert on the medical fitness of seafarers or the occupational and operational requirements of the position that the seafarer occupies or could occupy if the seafarer had the required medical certificate; and

(c) name a reconsideration committee that will function in accordance with the procedures set out in section 279 and will be responsible for giving the Minister its recommendations concerning a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate, a copy of which was sent under sections 275 or 276. The committee will comprise the following persons acting as referees:

(3) If the Minister receives a copy of a provisional medical certificate issued under section 275 or 276, a provisional letter of refusal to issue a provisional medical certificate or a memorandum submitted under section 277 and has reason to believe, taking into account the criteria set out in subsection (5), that the provisional medical certificate is incomplete or erroneous, the Minister may take any of the actions set out in paragraphs (2)(a) to (c).

(4) After considering the provisional medical certificate or the provisional letter of refusal to issue a provisional medical certificate, the health of the seafarer to whom it was issued, any memorandum submitted pursuant to section 277 and any recommendation made by the persons referred to in paragraphs (2)(a) to (c), the Minister shall reconsider that certificate or letter in accordance with the criteria set out in subsection (5) and issue

(a) a Canadian maritime document in the form of a medical certificate declaring the seafarer, taking into account the specific requirements of subsection 270(1) as

(b) in the case where the Minister considers the seafarer to be unfit for service at sea, issue, sign and place on file, a letter of refusal to issue a medical certificate, giving the reasons for determining that the seafarer is unfit for service at sea and refusing to issue that Canadian maritime document.

(5) The Minister's decision with regard to a medical certificate shall be based on the following criteria:

(a) the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy;

(b) the level of risk involved in the position referred to in paragraph (a) with regard to

(c) any relevant consideration linked to human rights as enunciated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

(6) A medical certificate referred to in subparagraph (4)(a)(ii) shall be accompanied by a supporting letter, signed and placed on file, giving the reasons for declaring that the seafarer is fit for service at sea with limitations.

Reconsideration Procedure for a Provisional Medical Certificate

279. (1) The Chairperson of the reconsideration committee is the marine occupational expert, and any decisions of the committee shall be by a simple majority.

(2) After reconsidering the provisional medical certificate and the state of health of the seafarer to whom it was issued, the medical reconsideration committee may direct that further medical examinations or tests be carried out and may stipulate the nature of those examinations or tests and the persons or organizations to carry them out.

(3) The reconsideration committee shall recommend to the Minister whether the Minister should issue, in respect of the seafarer, a medical certificate or a letter of refusal to issue a medical certificate.

(4) The reconsideration committee shall base its recommendations on the following criteria:

(a) the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy;

(b) the level of risk involved in the position referred to in paragraph (a) with regard to

(c) any relevant consideration linked to human rights as enunciated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

Contestation of a Medical Certificate with Limitations

280. (1) The Transportation Appeal Tribunal of Canada has jurisdiction in respect of reviews and appeals with regard to any medical certificate declaring the seafarer fit for service at sea with limitations.

(2) A seafarer who is issued a medical certificate declaring them fit for service at sea with limitations pursuant to subparagraph 278(4)(a)(ii) may request a review of that certificate by the Tribunal.

(3) The review procedure set out in subsections 16.1(2) to (5) of the Act shall apply to a review of a medical certificate declaring a seafarer fit for service at sea with limitations.

(4) A seafarer may appeal to the Tribunal a determination made under paragraph 16.1(5)(b) of the Act.

(5) The appeal procedure set out in section 20.5 of the Act shall apply to an appeal by a seafarer of a decision made under subsection (3).

Medical Examination Costs

281. (1) Subject to subsections (2) and (3) and any applicable collective bargaining agreement, a seafarer who has applied for a medical examination under section 271 shall bear the costs of any medical examination or test undergone that results in them receiving one of the following documents:

(a) a provisional medical certificate;

(b) a medical certificate;

(c) a provisional letter of refusal to issue a provisional medical certificate; or

(d) a letter of refusal to issue a medical certificate.

(2) An employer or prospective employer who submits a memorandum pursuant to section 277 shall assume the related costs.

(3) If the Minister has received a copy of a provisional medical certificate issued under section 275 or 276 or a provisional letter of refusal to issue a provisional medical certificate and has taken any of the actions set out in paragraphs 278(2)(b) and (c), the Minister shall assume the related costs.

[282 to 299 reserved]

SCHEDULE TO PART 2 (Subsections 216(5) and 247(3))

The equipment referred to in subsections 216(5) and 247(3) shall be the following:

(a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which are located

(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 vessel's main source of power and connects the conning position with

(d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on vessels 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 immediately indicates 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

(g) a sound-signalling appliance that can automatically sound the whistle signals that are 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.

PART 3

MARITIME LABOUR STANDARDS

Interpretation

300. The following definitions apply in this Part.

"Convention" means the Maritime Labour Convention, 2006, as amended from time to time. (Convention)

"hours of rest" means rest time outside hours of work and does not include short breaks. (heures de repos)

"seafarer recruitment and placement service" means any service that is engaged in recruiting or placing persons for work on vessels. (service de recrutement et de placement des gens de mer)

"shipowner" means

(a) the registered owner of a vessel; or

(b) any person, such as the manager, agent or bare-boat charterer of a vessel, who has assumed responsibility for the operation of a vessel from its registered owner and who, on assuming that responsibility, has agreed to take over the duties and responsibilities imposed on shipowners under the Convention. (armateur)

Application

301. (1) Except as otherwise provided in this Part, this Part applies in respect of

(a) Canadian vessels everywhere and foreign vessels in Canadian waters; and

(b) seafarer recruitment and placement services that recruit or place crew members for work on

(2) Except as provided in section 319, this Part does not apply in respect of fishing vessels.

(3) Except as provided in subsection (4), this Part does not apply in respect of

(a) pleasure craft;

(b) vessels of traditional build, such as canoes and kayaks; or

(c) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

(4) This Part, other than sections 339 and 340, applies in respect of vessels that

(a) are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; and

(b) are engaged in navigation.

DIVISION 1

REQUIREMENTS REGARDING AGE

Minimum Age

302. The master of a Canadian vessel shall ensure that no person under 16 years of age is employed, engaged or works on the vessel.

Persons Under 18 Years of Age

303. (1) The master of a Canadian vessel that is engaged on a near coastal voyage, Class 1 or an unlimited voyage shall ensure that every person under 18 years of age who is employed, engaged or works on the vessel does not work during a period of nine consecutive hours or more that begins at or before midnight and ends at or after 5:00 a.m.

(2) Subsection (1) does not apply in respect of a person if

(a) the training of the person in accordance with an approved training program would be impaired; or

(b) the specific nature of the person's duties or an approved training program requires the person to work during that period and the work will not have a detrimental impact on the person's health or well-being.

(3) Paragraph (2)(b) is not applicable if the Minister has determined, after consultation with the shipowners' and crew members' organizations concerned, if any, that the work will have a detrimental impact on the person's health or well-being.

DIVISION 2

SEAFARER RECRUITMENT AND PLACEMENT SERVICES

Recruitment and Placement

304. (1) No person shall operate a seafarer recruitment and placement service unless they hold a Seafarer Recruitment and Placement Service Licence issued by the Minister.

(2) The authorized representative of a vessel shall ensure that persons are not recruited or placed for work on the vessel by a seafarer recruitment and placement service unless the service

(a) if it is located in Canada, holds a Seafarer Recruitment and Placement Service Licence issued by the Minister;

(b) if it is located in a foreign state that has ratified the Convention,

(c) if it is located in a foreign state that has not ratified the Convention, complies with the requirements set out in Standard A1.4.5(c)(i) to (vi) of the Convention and does not

(3) This section does not apply in respect of a seafarer recruitment and placement service operated by a trade union that has been certified under the Canada Labour Code by the Canada Industrial Relations Board as the bargaining agent for the employees in a bargaining unit and the certification of which has not been revoked.

Issuance of Licences

305. On application, the Minister shall issue a Seafarer Recruitment and Placement Service Licence if

(a) the applicant has procedures in place to ensure compliance with Part 1 of the Personal Information Protection and Electronic Documents Act;

(b) the applicant's staff responsible for the supervision of public or private seafarer recruitment and placement services for a vessel's crew with responsibility for the vessel's safe navigation and pollution prevention operations have had training in those operations, including the sea-service experience required to obtain a certificate under Part 1, and have knowledge of the maritime industry, including the STCW Convention and the maritime labour conventions and recommendations published by the International Labour Organization;

(c) the applicant has a system of quality standards in place; and

(d) the applicant has insurance or other financial arrangements sufficient to compensate crew members for monetary loss that they may reasonably incur as a result of a failure of the applicant, the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, to meet its obligations to the crew members under their contracts of employment.

Licensees

306. (1) Every licensee shall

(a) maintain on their premises an up-to-date register of all persons they recruit or place;

(b) ensure that every person recruited or placed by them is qualified and holds the documents necessary for the position concerned, and that the person's contract of employment is in accordance with the applicable laws and regulations and any applicable collective agreement:

(c) ensure that every person recruited or placed by them is informed of their rights and obligations under their contract of employment before or in the process of engagement and that proper arrangements are made for them to examine their contract of employment before and after they are signed and for them to receive a copy of the contract;

(d) ensure, as far as feasible, that the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, has the means to protect persons that the licensee recruits or places for work on the vessel from being stranded in a foreign port; and

(e) examine and respond to any complaint concerning their activities and advise the Minister of any unresolved complaint.

(2) No licensee shall use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.

Fees or Other Charges

307. No person shall impose, directly or indirectly, fees or other charges on any person for recruiting, placing or providing employment to them on board a vessel, other than the cost of obtaining a medical certificate, the person's record of sea service or a passport or any other similar personal travel document other than a visa.

DIVISION 3

CONDITIONS OF EMPLOYMENT

Articles of Agreement

308. (1) For the purpose of subsection 91(1) of the Act, the master of a Canadian vessel shall enter into articles of agreement if the vessel

(a) engages on unlimited voyages; or

(b) is of 100 gross tonnage or more and engages on sheltered waters voyages, near coastal voyages, class 2 or near coastal voyages, class 1.

(2) In addition to the information required by subsection 91(2) of the Act, articles of agreement must contain the following information:

(a) the crew member's date of birth and birthplace;

(b) the authorized representative's name and address;

(c) the place at which and the date on which the articles of agreement were entered into;

(d) the capacity in which the crew member is to be employed;

(e) the amount of the crew member's wages or the formula for calculating them if wages are calculated using a formula;

(f) the amount of the crew member's paid annual leave or the formula for calculating it if leave is calculated using a formula; and

(g) whether a collective agreement applies to the crew member.

Collective Agreements That Are Part of Articles of Agreement

309. If a collective agreement is part of the articles of agreement of a crew member of a Canadian vessel of 100 gross tonnage or more that is engaged on a near coastal voyage, Class 1 or an unlimited voyage, the vessel's master shall ensure that a copy of the agreement is available on board and, if the copy in not in English, that a copy in English is available on board.

Visas

310. The authorized representative of a Canadian vessel and the shipowner, in the case of a foreign vessel, shall pay for the visas of crew members on board.

Termination of Employment and Payment of Wages and Compensation

Application

311. Sections 312 to 318 apply in respect of Canadian vessels that are engaged on a near coastal voyage, Class 1 or an unlimited voyage.

Termination of Employment by Employer

312. (1) Subject to any collective agreement that applies to the crew member, the master of a vessel who intends to terminate a crew member's employment shall give the crew member

(a) notice in writing, at least one week before the date specified in the notice, of the intention to terminate their employment on that date; or

(b) an indemnity equal to one week's wages at their regular rate of pay for their regular hours of work, in lieu of the notice.

(2) Subsection (1) does not apply if

(a) section 230 of the Canada Labour Code applies;

(b) the crew member's employment is terminated for committing a serious violation of their contract of employment; or

(c) the master and the crew member agree on a shorter notice of termination.

Termination of Employment by Crew Member

313. (1) Subject to any collective agreement that applies to the crew member, a crew member employed on a vessel shall give the vessel's master at least one week's notice of the crew member's intention to terminate their employment.

(2) Subsection (1) does not apply if

(a) the crew member is unable by reason of illness to perform their duties; or

(b) the master and the crew member agree on a shorter notice of termination

Loss of Vessel or Death

314. A crew member's employment on a vessel is terminated

(a) on their death; or

(b) if the vessel is shipwrecked or otherwise totally unseaworthy.

Monthly Payment and Accounting

315. (1) The master of a vessel shall ensure that crew members' wages are paid

(a) monthly or at more frequent regular intervals; or

(b) in accordance with any applicable collective agreement.

(2) The master shall give every crew member a monthly account of their wages due and the amounts paid, including the rate of exchange used if payment is made in currency or at a rate different from the one agreed to.

Payment on Termination of Employment

316. The master of a vessel shall ensure that a crew member is paid any wages due when their employment is terminated

(a) without undue delay; or

(b) in accordance with any applicable collective agreement.

Transmittal of Wages

317. (1) The authorized representative of a vessel shall take measures to provide crew members with a means to transmit all or part of their wages to their families, dependants, assigns or successors. The measures may include a system to enable crew members, when they enter into articles of agreement or while working on board, to allot a portion of their earnings to their families by bank transfers or similar means.

(2) The authorized representative shall ensure that the allotments are remitted in due time and directly to the person or persons nominated by the crew members.

(3) The authorized representative shall ensure that any charge for the measures taken under subsection (1) is reasonable and that the rate of exchange is at the prevailing market rate or is determined in accordance with any applicable collective agreement.

Compensation of Crew Members in Case of Shipwrecks

318. (1) The authorized representative of a vessel that is shipwrecked shall pay to every crew member who was on board immediately before the shipwreck an indemnity against unemployment resulting from the shipwreck.

(2) The indemnity shall be paid for the days during which the crew member remains unemployed at the same rate as the wages payable under the contract of employment, but the total indemnity payable to any one seafarer may be limited to two months' wages.

(3) Crew members shall have the same legal remedies for recovering the indemnities as they have for recovering arrears of wages.

Hours of Work and Hours of Rest

Application

319. (1) Sections 320, 322 and 323 apply in respect of Canadian vessels, including fishing vessels of 100 gross tonnage or more,

(a) engaged on sheltered waters voyages; or

(b) engaged on near coastal voyages, class 1 or near coastal voyages, class 2 while the vessels are in any waters other than those of a foreign state that has ratified the Convention.

(2) Sections 321 to 324 apply in respect of

(a) Canadian vessels

(b) foreign vessels in Canadian waters.

Minimum and Maximum Periods

320. The master of a vessel referred to in subsection 319(1) shall ensure that

(a) the master and every crew member have

(b) not more than 18 hours but not less than six hours elapse between the end of a rest period and the beginning of the next rest period.

321. (1) The master of a vessel referred to in subsection 319(2) shall ensure that the master and every crew member

(a) do not work more than 14 hours in any 24-hour period or more than 72 hours in any seven-day period; or

(b) have at least 10 hours of rest in every 24-hour period and 77 hours of rest in every seven-day period.

(2) The master shall ensure that

(a) the hours of rest are divided into no more than two periods, one of which is at least six hours in length; and

(b) the interval between consecutive rest periods does not exceed 14 hours.

Other Considerations and Limitations

322. (1) The master of a vessel shall ensure that the danger posed by the fatigue of crew members, especially those whose duties involve navigational safety and the safe and secure operation of the vessel, is taken into account when determining the scheduled hours of work and rest.

(2) Despite sections 320 and 321 and subject to subsection (1), the master may ensure that the hours of work and rest are in accordance with an applicable collective agreement that provides for hours of work and rest that are no less favourable to crew members.

(3) Sections 320 and 321 and subsection (2) do not apply when the master is conducting practice musters, fire-fighting drills or survival craft drills in accordance with regulations made under the Act if the master does so in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

(4) Sections 320 and 321 and subsection (2) do not apply in respect of a crew member who is on call if the crew member has compensatory rest periods and the rest period required by those provisions is disturbed by calls to work.

(5) The master may suspend the schedule of hours of work and rest if it is necessary to do so for the immediate safety of the vessel, persons on board or the cargo, or for the purposes of giving assistance to other vessels or persons in distress at sea. As soon as feasible, the master shall ensure that any crew members who have performed work in a scheduled rest period are provided with a compensatory rest period.

Records

323. The master shall keep a record of every crew member's daily hours of work or hours of rest until the crew member is discharged.

Table of Shipboard Working Arrangements

324. (1) The master of a vessel shall ensure that a table with the shipboard working arrangements is posted in a conspicuous place on board the vessel. For every position on board, the table shall contain

(a) the schedule of service at sea and in port; and

(b) the maximum hours of work or the minimum hours of rest required by section 321 or any applicable collective agreement.

(2) The table shall be in the working language of the vessel and in English.

Annual Leave

325. (1) This section applies in respect of Canadian vessels that are engaged on

(a) near coastal voyages, class 1 that are not in Canadian waters or the waters of the continental United States or Alaska; or

(b) unlimited voyages.

(2) Unless the time for a crew member to take paid annual leave is fixed by the applicable collective agreement or an arbitration award, the authorized representative shall determine when it is to be taken after consultation and, as far as possible, in agreement with the crew member or their representative.

(3) If a crew member is required to take their paid annual leave from a place other than the place at which they first came on board, the vessel's authorized representative shall ensure that

(a) they are entitled to free transportation to the latter place, including the subsistence and other costs directly involved in their return; and

(b) the travel time involved is not deducted from their paid annual leave.

(4) The authorized representative shall ensure that no crew member who is on paid annual leave is recalled unless there is an extreme emergency.

Shore Leave

326. The master of a Canadian vessel shall grant crew members shore leave consistent with their health and well-being and with the operational requirements of their positions.

Repatriation

327. (1) The authorized representative of a Canadian vessel shall ensure that no crew member is required to make an advance payment at the beginning of their employment towards the expenses referred to in subsection 94(1) of the Act or section 328.

(2) The authorized representative shall ensure that the time a crew member spends waiting to be returned and being returned under subsection 94(1) of the Act or section 328 is not deducted from the paid leave accrued to them.

328. (1) Except in the case of desertion or mutual agreement, before a Canadian vessel is disposed of or is transferred to the flag of a foreign state or when a Canadian vessel is totally unseaworthy, the vessel's authorized representative shall

(a) ensure that arrangements are made to return every crew member to the place where they first came on board or to another place to which they have agreed; and

(b) pay the expenses of returning every crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.

(2) The authorized representative of a Canadian vessel shall have insurance or other financial arrangements sufficient to compensate crew members for any monetary loss that they may reasonably incur as a result of a failure of the authorized representative to meet its obligations to them under subsection 94(1) of the Act or subsection (1).

(3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.

Food and Water

329. (1) The master of a Canadian vessel that is engaged on a voyage other than a sheltered waters voyage, an inland voyage or an intraprovincial voyage shall ensure that

(a) the crew members who are living on board can meet the recommendations of Canada's Food Guide to Healthy Eating, as amended from time to time;

(b) there is made available sufficient potable water for all crew members on board; and

(c) the vessel's potable water system meets the requirements set out in paragraphs 8(a) to (g) of the Potable Water Regulations for Common Carriers.

(2) No person shall charge a crew member for food or water required to comply with subsection (1).

Obligation of Persons Who Provide Crew Members

330. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in

(a) section 310, in respect of visas required to join the vessel;

(b) subsection 327(1); and

(c) subsections 328(1) and (2).

DIVISION 4

SEPARATE HOSPITAL ACCOMMODATION

331. (1) The authorized representative of a Canadian vessel that is carrying 15 or more crew members and is engaged on a near coastal voyage, Class 1 or an unlimited voyage of more than three days' duration shall ensure that there is separate hospital accommodation on board that is easy to access, is suitable to accommodate persons in need of medical care and is conducive to their promptly receiving the necessary care.

(2) The vessel's master shall ensure that the accommodation is used exclusively for medical purposes.

DIVISION 5

ON-BOARD COMPLAINT PROCEDURES

332. (1) The master of a Canadian vessel that is engaged on a near coastal voyage, Class 1 or an unlimited voyage shall ensure that the crew members can avail themselves of the on-board complaint procedures set out in this section.

(2) Crew members may make a complaint with respect to

(a) an alleged breach of

(b) an alleged discriminatory practice described in

(3) The complaint may be made to

(a) the head of the crew member's department;

(b) the crew member's superior officer;

(c) the vessel's master; or

(d) the vessel's authorized representative.

(4) A complainant may be represented by any other crew member on board if that crew member consents.

(5) The complainant and their representative may attend any meeting or hearing with respect to the complaint.

(6) If a person referred to in paragraph (3)(a) or (b) cannot resolve a complaint to the satisfaction of the complainant, the person shall refer it to the vessel's master.

(7) If the master cannot resolve a complaint to the satisfaction of the complainant, the master shall refer it to the vessel's authorized representative.

(8) The person to whom a complaint is made or referred shall attempt to resolve it as soon as feasible.

(9) The person who resolves a complaint shall record in writing the details of the complaint and its resolution and give a copy of the record to the complainant and any other parties involved.

(10) Nothing in this section shall be construed as limiting or restricting any right a crew member may have under any other law or under any custom, contract or arrangement.

(11) This section does not apply in respect of complaints to which section 127.1 of the Canada Labour Code applies.

DIVISION 6

MARITIME LABOUR CERTIFICATES AND DECLARATIONS OF COMPLIANCE

Requirements to Hold

333. (1) Every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage shall hold a Maritime Labour Certificate or an Interim Maritime Labour Certificate.

(2) The authorized representative of every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage shall hold a Declaration of Maritime Labour Compliance.

(3) Beginning 12 months after the day on which Canada and the International Labour Organization exchange the instruments of ratification of the Convention,

(a) every foreign vessel of 500 gross tonnage or more shall hold a Maritime Labour Certificate or an Interim Maritime Labour Certificate; and

(b) the authorized representative of every foreign vessel shall hold a Declaration of Maritime Labour Compliance.

(4) Subsection (2) and paragraph (3)(b) do not apply in respect of a vessel that holds an Interim Maritime Labour Certificate.

Issuance of Maritime Labour Certificates

334. (1) On application, the Minister shall issue a Maritime Labour Certificate to a Canadian vessel if the applicable requirements regarding the following are met:

(a) the minimum age of crew members as set out in section 302 and the work hours of persons under 18 years of age as set out in section 303;

(b) medical certification as set out in Part 1;

(c) qualifications of seafarers as set out in Part 1;

(d) articles of agreement as set out in section 91 of the Act and section 308, collective agreements as set out in section 309 and certificates of discharge as set out in section 92 of the Act;

(e) use of recruitment and placement services as set out in subsection 304(2);

(f) hours of work or rest as set out in sections 319 to 323;

(g) crewing levels for the vessel as set out in Part 2;

(h) health and safety as set out in Part II of the Canada Labour Code, as well as

(i) on-board complaint procedures as set out in section 127.1 of the Canada Labour Code and section 332; and

(j) payment and transmittal of wages as set out in sections 315 to 317.

(2) On application, the Minister shall issue an Interim Maritime Labour Certificate to a Canadian vessel if the requirements referred to in subsection (3) are met and

(a) the vessel has just been registered in Canada; or

(b) there is a new authorized representative of the vessel following a change in ownership of the vessel.

(3) The requirements referred to in subsection (2) are the following:

(a) the applicable requirements referred to in paragraphs (1)(b) to (d);

(b) the applicable requirements referred to in paragraphs (1)(a) and (e) to (j) in so far as meeting those requirements when the Interim Maritime Labour Certificate is issued is reasonable and feasible; and

(c) the vessel's master is familiar with the requirements referred to in subsection (1) and who is to comply with them.

Issuance of Maritime Labour Declarations of Compliance

335. On application, the Minister shall issue a Declaration of Maritime Labour Compliance to the authorized representative of a Canadian vessel who has procedures in place to ensure compliance with the applicable requirements referred to in subsection 334(1).

Availability

336. (1) The master of every vessel that holds a Maritime Labour Certificate shall keep the Certificate on board with a copy of the Declaration of Maritime Labour Compliance issued in respect of the vessel attached.

(2) The master of every vessel that holds an Interim Maritime Labour Certificate shall keep the Certificate on board.

(3) The vessel's master shall ensure that the documents referred to in subsection (1) or (2), as the case may be,

(a) are posted on the vessel's notice board for the information of the crew members; and

(b) are made available to

(4) Subsections (1) to (3) do not apply in respect of foreign vessels until 12 months after the day on which Canada and the International Labour Organization exchange the instruments of ratification of the Convention.

Endorsements of Maritime Labour Certificates

337. The authorized representative of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that the certificate is endorsed as required by Standard A5.1.3.2 of the Convention.

Records of Inspections

338. (1) The master of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that records of the results of inspections carried out to ensure compliance with any of the applicable requirements referred to in subsection 334(1)

(a) are attached to the Declaration of Maritime Labour Compliance issued in respect of the vessel; or

(b) are kept on board in electronic form and made available in that form to

(2) The master shall provide a copy of the records to crew members on request.

(3) If the records are not in English, the master shall ensure that an English translation accompanies the records or the copy, as the case may be.

(4) This section does not apply in respect of inspections carried out for the purpose of issuing a Maritime Labour Certificate or an Interim Maritime Labour Certificate.

DIVISION 7

LOG BOOKS

339. (1) The master of a Canadian vessel of 100 gross tonnage or more that is engaged on a voyage that is not a sheltered waters voyage or an inland voyage shall keep an official log book in a form approved by the Minister.

(2) The Minister shall approve forms of official log books so that the forms contain the spaces necessary for the entries required by section 340.

(3) The official log book may be kept distinct from or united with the vessel's deck log book.

(4) The master shall ensure that every entry required by section 340

(a) is made as soon as possible;

(b) is dated to show the date of the event and of the entry, if the entry is in respect of an event; and

(c) is made not more than 24 hours after the arrival of the vessel at its final port of discharge if the entry is in respect of an event that happens before that arrival.

(5) The master shall sign every entry in the official log book and shall ensure that every entry is also signed by the mate or another crew member and, if it is an entry in respect of an injury or a death, by the medical doctor on board, if there is one.

340. (1) The official log book shall contain the following entries:

(a) the vessel's name, official number, port of registration and registered gross tonnage and net tonnage;

(b) the master's name and certificate number;

(c) the port at which and the date on which the voyage starts, the classification of the voyage and the port at which and the date on which the voyage ends;

(d) a listing of the crew members on board;

(e) details of every injury that a crew member sustains, including the nature of the injury and the medical treatment adopted, if any;

(f) details of every birth of a child that occurs on board, including

(g) details of every death that occurs on board, including

(h) the details of the wages due to any crew member who dies during a voyage, including the gross amount of all deductions to be made from those wages;

(i) details respecting every accident or incident associated with the vessel;

(j) details respecting every instance of a crew member deserting the vessel or committing a serious violation of their contract of employment; and

(k) if a notice containing particulars of the vessel's draught and freeboard is required to be posted under section 12 of the Load Line Regulations, the date and time the notice is posted.

(2) If the vessel is engaged on an international voyage, the official log book shall also contain the following entries:

(a) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate and leaves a port for the purpose of proceeding to sea,

(b) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate, the positions of the deck line and load lines indicated on the certificate;

(c) the information required to be kept by subsection 24(1) of the Boat and Fire Drill and Means of Exit Regulations; and

(d) a daily record of whether radio conditions and the state of the vessel's radio equipment are satisfactory or unsatisfactory.

(3) The master shall send the information required by paragraphs (1)(a) to (c) to the Minister at the end of the voyage or when the master leaves the vessel, but in any event no later than when the registration of the vessel changes or the vessel is shipwrecked or abandoned.

(4) The master shall provide each of the vessel's completed official log books to the vessel's authorized representative.

(5) The authorized representative shall ensure that each of the vessel's official log books is kept until the earlier of

(a) five years after the day on which the log book was completed, and

(b) the day on which a change is made in registration of the vessel.

(6) On request, the authorized representative shall provide the vessel's official log books to the Minister.

[341 to 399 reserved]

PART 4

REPEALS AND COMING INTO FORCE

Repeals

400. The Ships' Crews Food and Catering Regulations (see footnote 1) are repealed.

401. The Crewing Regulations (see footnote 2) are repealed.

402. The Marine Certification Regulations (see footnote 3) are repealed.

Coming Into Force

403. (1) These Regulations, except sections 304 to 307 and 333 to 338, come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

(2) Sections 304 to 307 and 333 to 338 come into force on the later of

(a) the day on which Canada and the International Labour Organization exchange the instruments of ratification of the Convention; and

(b) the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

[46-1-o]

Footnote a

S.C. 2005, c. 29, s. 16(1)

Footnote b

S.C. 2005, c. 29, s. 16(1)

Footnote c

S.C. 2001, c. 26

Footnote 1

C.R.C., c. 1480

Footnote 2

SOR/97-390

Footnote 3

SOR/97-391

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