Marine Personnel Regulations (SOR/2007-115)

268. 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.

• 269. (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).

• 270. (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.