CANADA SHIPPING ACT, 2001
MARINE PERSONNEL REGULATIONS
Canada Shipping Act, 2001
The Canada Shipping Act, 2001 (CSA 2001) replaces the Canada Shipping
Act (CSA) as the principal
legislation that governs safety in marine transportation, recreational boating and
the protection of the marine environment. It applies to Canadian vessels operating
in all waters and to all vessels operating in Canadian waters (all vessels from
canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of
extensive consultations with a wide range of marine stakeholders. It represents an
updated and streamlined version of the original CSA, making it clearer and easier to understand.
This will greatly assist the marine community to operate in a manner that is
safer, more efficient and environmentally sound, and responsive to the needs of
Canadians in a global economy.
Many regulations have been updated and new ones have been written to enhance
existing safety requirements. Some will have very little impact, while others will
bring big changes. The Marine Personnel Regulations are an important set of
regulations that have been updated and are now in effect as the CSA 2001 becomes law.
Marine Personnel Regulations
The Marine Personnel Regulations promote a safe and efficient marine transport
system that protects the health and well-being of individuals and crew, ensures
that Canada meets its international obligations, and encourages the harmonization
of marine practices.
There are three parts to the new Marine Personnel Regulations (MPR).
Parts 1 and 2 revise and update the existing requirements for qualifications,
training and certification of crew members, for having the appropriate marine
personnel on board vessels for safe and efficient operation, and for the
protection of the environment.
Part 1 deals with certificates of competency for seafarers. It prescribes the
knowledge, skills and abilities needed to perform assigned functions on a ship,
for each certificate required. It lists the types of training certificates a
seafarer must hold, any required testimonials, sea service time, and the
examinations leading to a particular certificate of competency.
Certificates are being updated and realigned with the new voyage
classifications definitions and the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW). Information on the
new voyage classification definitions can be found in the CSA 2001 Vessel Certificates Regulations.
Part 2 sets out the number and type of personnel needed to safely operate and
prevent pollution on or from a Canadian vessel or a non-registered vessel in
Canadian waters. For example, all commercial vessels, regardless of length, must
have a certified master. However, for operators of certain small commercial
vessels, a Small Vessel Operator Proficiency training certificate and, in some
cases, a Pleasure Craft Operator Card, will be accepted.
All vessels needing an inspection certificate, as identified in the Vessel
Certificates Regulations, must have a Safe Manning Document. This indicates the
minimum safe crewing levels for the vessel, and is valid for a maximum of five
years after the day it is issued. Details about Safe Manning Documents can be
found in the Marine Personnel Regulations.
Part 3 establishes and coordinates the maritime labour standards for working
conditions of seafarers onboard a vessel in order to protect their health and
well-being. The CSA 2001
regulations update and align the occupational health and safety working conditions
of seafarers with other legislative requirements. They now comply with the STCW as
well as part of the Maritime Labour Convention, 2006.
Some highlights of the new maritime labour standards for working conditions
under Part 3 include:
- Crew members must now be at least 16 years of age.
- The duration of hours worked for employees under 18 years of age will be
limited.
- Seafarer recruitment and placement services operating in Canada must meet new
requirements to apply for, issue, hold, and maintain a licence.
- Conditions of employment related to hours of work and rest now depend on the
voyage classification and food being served.
- Once Canada has ratified the Maritime Labour Convention, the introduction of
the Maritime Labour Certificate and Document of Compliance will fully harmonize
the labour framework in the maritime sector.
Under Part 3, seafarers and authorized representatives will also be required to
maintain a record of sea service and to provide that information to the Minister
upon request.
For more information
To learn more about vessel registration, please visit:
www.tc.gc.ca/marinesafety/oep.
Visit the Canadian Marine Advisory Council website at
www.cmac-ccmc.gc.ca to
learn more about the Canada Shipping Act, 2001 reform. You may also call
toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
July 2007
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