Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2017-09-27 and last amended on 2017-02-03. Previous Versions

SCHEDULE 5 TO PART 1(Paragraph 110(2)(d))Testimonial of Sea Service (Engine Department) — Information To Be Provided

  • 1 Name and address of vessel owner

  • 2 Name and candidate number (CDN) 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 transported during period of service

    • (f) propulsive power

    • (g) propulsion type (motor or steam)

    • (h) engine type and make

    • (i) rated generator 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 of watch (number of hours)

  • 9 Description of service

  • 10 If applicable, the dates of beginning and completion of fitting out, laying up or refitting

  • 11 The signatures of the chief engineer and either the master or the authorized representative certifying that the information provided is correct.

PART 2Crewing

DIVISION 1General

Application

  •  (1) Division 2 applies in respect of self-propelled Canadian vessels, other than cable ferries to which only section 205 applies, that are engaged on a voyage.

  • (2) Division 3 applies in respect of 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 and Labrador Atlantic Accord Implementation Act applies.

  • (3) Division 4 applies in respect of 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 and Labrador Atlantic Accord Implementation Act applies.

  • (4) Division 5 applies in respect of all vessels that are not laid up and that are securely

    • (a) anchored in port; or

    • (b) moored to shore.

  • (5) Division 6 applies in respect of Canadian vessels that are special design craft such as high-speed crafts, air cushion vessels, wing-in-ground crafts, passenger submersible crafts, sail training vessels and any other sailing vessels.

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

  • (7) Division 8 applies in respect of seafarers who are or who seek to be members of the complement of a Canadian vessel and who

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

      • (i) Part 1, except under section 138, 143, 151 or 174 or, in the case of a vessel that is not a passenger-carrying vessel, section 131, or

      • (ii) the Canada Shipping Act;

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

      • (i) engaged in a commercial operation, and

      • (ii) engaged on an unlimited voyage or a near coastal voyage, Class 1;

    • (c) are 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 other than an inland voyage; or

    • (d) if an application has been made under section 334 or 335 in respect of a fishing vessel, is or would be employed by the authorized representative to work on board a fishing vessel that is

      • (i) engaged in a commercial operation and on an unlimited voyage or a near coastal voyage, Class 1, or

      • (ii) engaged on an international voyage.

  • 2014, c. 13, s. 117.

General Prohibition

 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

  •  (1) The authorized representative of a Safety Convention vessel shall ensure that the vessel meets 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 one of the safe manning requirements established in accordance with subsection (1) sets out that a person shall 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.

  • (3) The authorized representative of a Canadian vessel shall apply to the Minister for the following document and the Minister shall issue the document following that application:

    • (a) in the case of a Safety Convention vessel, a Safe Manning Document that complies with IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it; and

    • (b) in the case of a vessel that is not a Safety Convention vessel and that is required to carry an inspection certificate, a Safe Manning Document, valid for a maximum of 5 years after the day of its issuance, that specifies

      • (i) the minimum number of members of the complement,

      • (ii) the certificates required to be held by the members of the complement,

      • (iii) any endorsements, conditions or limitations on the certificates referred to in subparagraph (ii),

      • (iv) the voyages that the vessel is authorized to engage on, and

      • (v) if applicable, the number of passengers that the vessel is authorized to have on board.

  • (4) Paragraph (3)(b) does not apply until the later of

    • (a) the date of the next periodical inspection of the vessel, and

    • (b) 1 year after the day on which this section comes into force.

  • (5) The authorized representative of a Canadian Safety Convention vessel or a vessel that is required to carry an inspection certificate shall ensure that the Safe Manning Document issued by the Minister for that vessel under subsection (3) is carried on board.

Inspection of Certificates and Endorsements

 The master of a vessel or the offshore installation manager of an MOU to which Division 3 applies 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

 If no person holding a certificate or an endorsement required by these Regulations is available to occupy a position in respect of which that certificate or endorsement is necessary, the Minister may, in accordance with Article VIII of the STCW Convention, grant a dispensation permitting a specified person to serve in that position on board a specified vessel until the earlier of

  • (a) the day on which a holder of that certificate or endorsement is available, and

  • (b) 6 months after the date on which the dispensation is granted.

 
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