Marine Personnel Regulations (SOR/2007-115)

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

  •  (1) The authorized representative of an air cushion vessel of an all up weight of at least 10 000 kg or of an air cushion vessel that is certified to carry more than 50 passengers shall employ for that air cushion vessel an engineer who holds an Air Cushion Vehicle (ACV) Engineer, Class I certificate.

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

    • (a) more than 5 nautical miles from shore or more than 15 nautical miles from a place of refuge if the vessel is a passenger-carrying vessel; or

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

  • (3) If the master of an air cushion vessel is not required to have on board that vessel an engineer who holds 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.

  • (4) The master of an air cushion vessel shall ensure that the engineer referred to in subsection (1) or 259(1), as the case may be, completes the procedures referred to in subsection (3) and that records of those completed procedures are maintained for the duration of the air cushion vessel’s period of service.

  • (5) The authorized 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.

 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 and, if they may be called on to operate the high-speed craft, a High-Speed Craft (HSC) Type Rating certificate.

Sailing Vessels

  •  (1) Subject to subsection (2), the master and chief mate of any sail training vessel or any other sailing vessel, of at least 60 gross tonnage or of at least 24 m in length, that is a passenger-carrying vessel shall hold a Fore and Aft Sailing Vessel, Unlimited endorsement or a Square Rig Sailing Vessel, Unlimited endorsement, depending on the vessel’s type of rig.

  • (2) The master and chief mate of a vessel referred to in subsection (1) may hold, instead of the endorsements referred to in that subsection, 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, depending on the vessel’s type of rig, if the vessel is used solely for seasonal operation from April 15 to November 1 of each year and does not engage on unlimited voyages or near coastal voyages, Class 1.

  • (3) This section applies beginning on November 7, 2011.

Passenger Submersible Craft

  •  (1) The master of a passenger submersible craft shall hold a certificate listed in table 1 to section 212 with a Passenger Submersible Craft endorsement.

  • (2) A passenger submersible craft equipped with an internal combustion engine of 750 kW or less or an electric propulsion system of at least 75 kW but not more than 750 kW shall have on board, and its authorized representative shall employ, an engineer who holds, at a minimum, a Small Vessel Machinery Operator certificate with a Passenger Submersible Craft Endorsement.

  • (3) A passenger submersible craft that has a propulsive power of more than 750 kW shall have on board, and its authorized representative shall employ, the engineers required by section 219, who shall also hold a Passenger Submersible craft endorsement.

  • (4) If a passenger submersible craft that is a passenger-carrying vessel is not required to have on board an engineer with a certificate of competency, the authorized representative shall assign the maintenance of the vessel’s machinery to a technician accredited for this purpose by the manufacturer.

DIVISION 7Radio Watch

General

 The master of a Safety Convention vessel shall ensure that it is in compliance with regulation 12 of Chapter IV of SOLAS in respect of radio watches.

 The master of a vessel shall ensure that it is in compliance 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, if

    • (i) the vessel is engaged on a voyage in the Great Lakes Basin, and

    • (ii) article V of that Agreement requires the vessel to be in compliance; and

  • (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

  •  (1) Subject to subsections (2) and (3), the master of a vessel that is required to be fitted with a VHF radiotelephone installation 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 (ROC-MC).

  • (2) The master of a vessel engaged on a voyage other than a sheltered waters voyage and that is required to be fitted with a VHF radiotelephone installation capable of digital selective calling shall ensure that the person in charge of the radio watch holds

    • (a) in the case of a vessel that is engaged on a near coastal voyage, Class 2 and that has such a VHF installation as its only radiotelephone installation, a Restricted Operator Certificate with Maritime Qualifications issued after January 1, 2005; and

    • (b) in all other cases, a Restricted Operator’s Certificate (ROC-MC) issued under the Radiocommunication Act.

  • (3) 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 there is on board

    • (a) a member of the complement who holds a First-class Radioelectronic certificate; or

    • (b) at least two persons

      • (i) each of whom holds a General Operator certificate, and

      • (ii) who, between them, are in charge of the radio watch for at least 16 hours during any 24-hour period.

Principal Communicator During an Emergency

  •  (1) The master of a vessel of at least 300 gross tonnage shall assign a crew member as principal communicator whose duty is to operate the radiocommunication equipment during an emergency.

  • (2) The principal communicator of a vessel shall hold, at a minimum, the certificate referred to in section 266 that applies in respect of that vessel.

  • (3) If, owing to the duration of an emergency, the continuous presence of the principal communicator on the bridge is unreasonable, the master may assign any other member of the complement who is the holder of any of the certificates referred to in section 266 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 8Medical Examination of Seafarers

Designation of Marine Medical Examiners

 For the purposes of this Division, the Minister shall designate, as a marine medical examiner, a physician who applies for that designation and who meets the requirements of Chapter VI of the International Labour Organization and World Health Organization publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers.

Employment of Seafarers

  •  (1) No person shall employ as a seafarer a person to whom this Division applies unless the person produces 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) perform 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 the seafarer possessing the abilities referred to in subsection (2).

Medical Fitness

  •  (1) Subject to subsections (2) to (4), if a marine medical examiner, physician or registered nurse who, in conformity with section 272, conducts a medical examination of a seafarer, considers that the seafarer is fit for sea service, taking into account the medical standards set out in the International Labour Organization and World Health Organization publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers, as well as the following medical standards, they shall issue to the seafarer a provisional medical certificate issued under section 275 declaring the seafarer fit for sea service, with or without limitations as they deem appropriate:

    • (a) adequate muscle strength to lift and carry a weight 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 meet the occupational and operational requirements of the position that they occupy or seek to occupy.

  • (2) The medical standards for vision and hearing 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 this section.

  • (3) The medical standards for colour vision 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 to perform their duties on board a vessel:

      • (i) Engine-room Rating,

      • (ii) Ship’s Cook,

      • (iii) Proficiency in Fast Rescue Boats,

      • (iv) Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats,

      • (v) Restricted Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats,

      • (vi) Oil and Chemical Tanker Familiarization,

      • (vii) Liquefied Gas Tanker Familiarization,

      • (viii) Passenger Safety Management,

      • (ix) Specialized Passenger Safety Management (Ro-Ro Vessels), or

      • (x) Compass Adjuster.

  • (4) A seafarer is not required to meet the medical standards for visual acuity in each eye if they meet those standards when both eyes are tested together and if they

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

    • (b) held a certificate on July 30, 1997, 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.

 
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