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Disclaimer: These documents are not the official versions (more).
CANADA SHIPPING ACT, 2001Marine Personnel RegulationsSOR/2007-115
INTERPRETATION1. (1) The following definitions apply in these Regulations. "Act" «Loi» "Act" means the Canada Shipping Act, 2001.
"Administration" «Administration» "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.
"air cushion vessel" or "ACV" «aéroglisseur» "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.
"applicant" «candidat» "applicant" means a person who applies to obtain, renew or replace a certificate or an endorsement issued under Part 1 or 2.
"approved cadet training program" «programme de formation approuvé de cadets» "approved cadet training program" means a training program in either navigation or marine engineering, depending on the certificate or position sought, listed in the Department of Transport Standard TP 10655, Approved Training Courses.
"approved training course" «cours de formation approuvé» "approved training course" means a course that has been approved in accordance with section 114.
"approved training program" «programme de formation approuvé» "approved training program" means a training program approved in accordance with section 114, given by a recognized institution and forming an integral part of the requirements for obtaining a certificate or an endorsement that, in cases provided for in these Regulations, may be credited to the applicant in lieu of a specified part of either the qualifying service or the examinations required for a certificate or an endorsement.
"ARPA" «APRA» "ARPA" means an approved training course in simulated electronic navigation (SEN) entitled Automatic Radar Plotting Aids.
"assistant engineer" «officier mécanicien adjoint» "assistant engineer" means a person, other than a rating, who is in training to become an engineer.
"ballast control operator" «opérateur des commandes de ballasts» "ballast control operator", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"barge supervisor" «superviseur de barge» "barge supervisor", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"certificated person" «personne brevetée» "certificated person" means, in respect of the manning of a survival craft, a person who holds (a) a Master or Mate certificate valid for the vessel on which the craft is carried; (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.
"chemical tanker" «bâtiment-citerne pour produits chimiques» "chemical tanker" has the same meaning as in chapter I of the STCW Convention.
"chief engineer" «chef mécanicien» "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.
"chief mate" «premier officier de pont» "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.
"coasting trade" «cabotage» "coasting trade" has the same meaning as in subsection 2(1) of the Coasting Trade Act.
"complement" «effectif» "complement" means the master and the persons who constitute the crew of a vessel.
"day work" «tâches quotidiennes» "day work" means duties, other than watchkeeping, that are performed at sea on board 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.
"deck officer" «officier de pont» "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.
"dynamically positioned" «positionnement dynamique» "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.
"engineer" «officier mécanicien» "engineer" means any person who may be in charge of the engineering watch, whether or not the person holds an Engineer certificate.
"engine-room rating" «matelot de la salle des machines» "engine-room rating" means a rating who forms part of the engineering watch as the assistant to an engineer, but does not include a rating whose duties while on watch are of an unskilled nature.
"examiner" «examinateur» "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 programs and courses and making recommendations to the Minister with respect to the approval of training courses and programs.
"fishing vessel" «bâtiment de pêche» "fishing vessel" means a vessel used for commercially catching, harvesting or transporting fish or other living marine resources but does not include a vessel that is 24 m or more in length whose sole participation in those activities is in respect of the catch or harvest of another vessel or aquaculture facility.
"fitting out" «remise en fonction» "fitting out" means the time spent preparing a vessel for its operation during which time it is possible to substantially train an engineer, a rating or an assistant engineer.
"Great Lakes Basin" «bassin des Grands Lacs» "Great Lakes Basin" means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montréal in the Province of Quebec.
"high-speed craft" «engin à grande vitesse» "high-speed craft" means a craft certified by the Administration as meeting the requirements of the HSC Code.
"HSC Code" «Recueil HSC» "HSC Code" means (a) in the case of a high-speed craft referred to in sections 1.3.1 to 1.3.6 of the International Code of Safety for High Speed Craft, 2000, that Code; and (b) in the case of all other high-speed crafts, the International Code of Safety for High Speed Craft, 1994.
"IMO" «OMI» "IMO" means the International Maritime Organization.
"in charge of the deck watch" «chargé du quart à la passerelle» "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.
"inland voyage" «voyage en eaux internes» "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 a voyage on Lake Michigan.
"inland waters of Canada" «eaux internes du Canada» "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.
"international voyage" «voyage international» "international voyage" means a voyage between a place in Canada and a place not in Canada or between places not in Canada.
"laying up" «mise au repos» "laying up" means the time spent preparing a vessel for periods of inactivity, during which time it is possible to substantially train an engineer, a rating or an assistant engineer.
"length" «longueur» "length" means registered length unless otherwise specified.
"limited, contiguous waters voyage" «voyage limité en eaux contiguës» "limited, contiguous waters voyage" means a near coastal voyage, Class 1 limited to the waters contiguous to Canada, the United States (except Hawaii) and Saint-Pierre-et-Miquelon.
"liquefied gas tanker" «bâtiment-citerne pour gaz liquéfié» "liquefied gas tanker" has the same meaning as in chapter I of the STCW Convention.
"maintenance supervisor" «chef de l'entretien» "maintenance supervisor", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"marine industry association" «association de propriétaires de l'industrie maritime» "marine industry association" means any grouping of owners of vessels operating under the Canadian flag that uses marine medical examiners for the medical examination of seafarers working on those vessels.
"marine medical examiner" «médecin examinateur de la marine» "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.
"MED" or "marine emergency duties" «FUM ou fonctions d'urgence en mer» "MED" or "marine emergency duties" means marine emergency duties taught at a recognized institution.
"Minister" «ministre» "Minister" means the Minister of Transport.
"mobile offshore unit" or "MOU" «unité mobile au large ou UML» "mobile offshore unit" or "MOU" has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"motor vessel" «bâtiment à moteur» "motor vessel" means a vessel whose propulsive power is derived from an internal combustion engine.
"MOU/self-elevating", "MOU/self-propelled" and "MOU/surface" «UML/auto-élévatrice, UML/autopropulsée et UML/surface» "MOU/self-elevating", "MOU/self-propelled" and "MOU/surface" have the same meanings, respectively, as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"near coastal voyage, Class 1" «voyage à proximité du littoral, classe 1» "near coastal voyage, Class 1" has the same meaning as in section 1 of the Vessel Certificates Regulations.
"near coastal voyage, Class 2" «voyage à proximité du littoral, classe 2» "near coastal voyage, Class 2" has the same meaning as in section 1 of the Vessel Certificates Regulations.
"offshore installation manager" «chef de l'installation au large» "offshore installation manager", in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it.
"oil tanker" «pétrolier» "oil tanker" has the same meaning as in chapter I of the STCW Convention.
"passenger-carrying vessel" «bâtiment transportant des passagers» "passenger-carrying vessel" means a vessel that carries one or more passengers.
"passenger submersible craft" «engin submersible transportant des passagers» "passenger submersible craft" means a vessel designed to be a passenger-carrying vessel and that can operate under water by relying on surface support, such as from a floating vessel or shore facility, for continued monitoring and for recharging (a) electrical power; (b) high-pressure air; or (c) life-support systems.
"place" «lieu» "place", in respect of a voyage, means (a) a port; or (b) a marine installation or vessel that is used for loading or unloading vessels.
"Pollution Convention" «Convention sur la pollution» "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 to the Convention, signed at London on February 17, 1978, and any amendments, whenever made, to Protocol I, the Annexes or the Appendices to that Convention.
"propulsive power" «puissance de propulsion» "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.
"qualifying service" «service admissible» "qualifying service" means service credited to an applicant in order for them to meet the experience requirements for a certificate or an endorsement issued under Part 1.
"radio watch" «veille radioélectrique» "radio watch" means the period during which a member of the complement is required to be at the ship station and in charge of communications.
"rated generator capacity" «capacité nominale de production d'énergie électrique» "rated generator capacity" means the aggregate capacity obtained by adding together the individually rated capacities of all of the generators on a vessel.
"rating" «matelot» "rating" means a member of the complement of a vessel other than the master or an officer.
"recognized institution" «établissement reconnu» "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 training certificate, a certificate of competency or an endorsement issued or required under these Regulations.
"registered nurse" «infirmier autorisé» "registered nurse" means a person registered or licensed as a nurse under the laws of a province.
"sailing vessel" «bâtiment à voile» "sailing vessel" means a vessel that has sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion.
"sea area A2", "sea area A3" and "sea area A4" «zone océanique A2, zone océanique A3 et zone océanique A4» "sea area A2", "sea area A3" and "sea area A4" have the same meanings, respectively, as in Chapter IV of SOLAS.
"seafarer" «navigant» "seafarer" means a person who is employed or is to be employed in any capacity on board a vessel.
"sea service" «service en mer» "sea service" means a period of qualifying service spent by a person employed on board a vessel and includes service while the vessel is in port, loading or unloading, at anchor, in refit or in dry-dock, if that service forms part of a voyage.
"second engineer" «officier mécanicien en second» "second engineer" means the engineer next to the chief engineer in the line of authority.
"SEN" «NES» "SEN" means an approved training course in simulated electronic navigation.
"sheltered waters voyage" «voyage en eaux abritées» "sheltered waters voyage" has the same meaning as in section 1 of the Vessel Certificates Regulations.
"SIM" «SIM» "SIM" means an examination on simulated electronic navigation administered by an examiner.
"SOLAS" «SOLAS» "SOLAS" means the International Convention for the Safety of Life at Sea of 1974, and the Protocol of 1988 relating to the Convention.
"stationary MOU" «UML stationnaire» "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 standby mode.
"STCW Code" «Code STCW» "STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code adopted under the STCW Convention.
"STCW Convention" «Convention STCW» "STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.
"steamship" «bâtiment à vapeur» "steamship" means a vessel whose propulsive power is derived from boilers and steam engines.
"TP 2293" «TP 2293» "TP 2293" means the standard entitled The Examination and Certification of Seafarers, published by the Department of Transport.
"TP 4957" «TP 4957» "TP 4957" means the standard entitled Marine Emergency Duties Training Courses, published by the Department of Transport.
"TP 10937" «TP 10937» "TP 10937" means the standard entitled Mobile Offshore Unit Training Courses, published by the Department of Transport.
"training certificate" «certificat de formation» "training certificate" means a document issued by a recognized institution evidencing the holder's successful completion of an approved training program or approved training course.
"tug" «remorqueur» "tug" means a vessel used exclusively in operations associated with towing another vessel or a floating object astern or alongside or in pushing another vessel or a floating object ahead.
"unlimited voyage" «voyage illimité» "unlimited voyage" has the same meaning as in section 1 of the Vessel Certificates Regulations.
"vessel of open construction" «bâtiment non ponté» "vessel of open construction" means a vessel of which less than 50% of the length is covered full width, at or above the gunwale level, by decks or permanent enclosures.
"watch" «quart» "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 (i) on the bridge or deck, in the case of the master, a mate or a deck rating, or (ii) in the engine room, in the case of an engineer or engine-room rating.
"wing-in-ground craft" «navion» "wing-in-ground craft" has the same meaning as in the International Regulations for Preventing Collisions at Sea, 1972.
(2) For the purposes of these Regulations, (a) 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; (b) 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; and (c) in IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it, every reference to "company" shall be read to mean "authorized representative" and every reference to an approved "Ship's Security Plan" shall be read to mean a "vessel security plan" as approved by the Minister under the Marine Transportation Security Regulations by the Minister. (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 is a passenger-carrying vessel" and every reference to "air cushion vehicle" means "air cushion vessel". (4) Except as otherwise indicated in these Regulations, any reference to a document incorporated by reference into these Regulations is a reference to the document as amended from time to time. (5) For the purpose of interpreting any material incorporated by reference into these Regulations, "should" shall be read to mean "shall". (6) In the event of an inconsistency between a definition in any material incorporated by reference into these Regulations and any other definition in these Regulations, that other definition prevails to the extent of the inconsistency. (7) For the purposes of these Regulations and of all provisions of the Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, "medical standards" shall be read to mean the medical standards set out in those Guidelines and the additional standards provided in subsection 270(1). (8) For the purposes of interpreting the STCW Convention, "sea service" has the same meaning as in subsection (1). (9) For the purposes of interpreting the STCW Convention and the STCW Code, "Administration" has the same meaning as in subsection (1).
APPLICATION2. In these Regulations, (a) Part 1 applies to applicants for a certificate of competency or an 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.
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