Marine Personnel Regulations (SOR/2007-115)

271. An applicant for a medical examination under this Division shall make an application to the marine medical examiner, physician or registered nurse referred to in section 272 in the form established by the Minister.

• 272. (1) Subject to subsection (2), only a marine medical examiner may conduct a medical examination of and issue a provisional medical certificate to a seafarer to whom this Division applies under subsection 200(7).

• (2) Any physician or registered nurse may conduct a medical examination and issue a provisional medical certificate to a seafarer if there is no marine medical examiner within 200 km of

  • (a) the area of operation in Canadian waters of the vessel on board which the seafarer is employed or seeks to be employed; or

  • (b) the seafarer’s place of residence.

273. A marine medical examiner, physician or registered nurse conducting a medical examination under this Division shall ensure that the seafarer is assessed in accordance with the requirements set out in section 270.

274. A seafarer who is required to use an aid to vision or hearing to meet the requirements set out in section 270 shall

• (a) in every case, use the aid to perform their duties on board a vessel;

• (b) in the case of an aid to vision, possess at least two of them; and

• (c) in the case of an aid to hearing, possess replacement batteries for it.

• 275. (1) After completing the medical examination of a seafarer under this Division, a marine medical examiner, physician or registered nurse shall

  • (a) provide to the Minister

    • (i) except in the case set out in paragraph (c), a copy of the provisional medical certificate that, subject to section 276, is in the form established by the Minister,

    • (ii) the original copy of the completed medical examination report form, and

    • (iii) any other relevant medical report;

  • (b) except in the case set out in paragraph (c), issue a provisional medical certificate to the seafarer; and

  • (c) in the case where the seafarer is considered unfit for sea service, provide a provisional letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, as the case may be, attesting to their refusal to issue a provisional medical certificate and giving the reasons for determining that the seafarer is unfit for sea service.

• (2) The marine medical examiner, physician or registered nurse, as the case may be, shall

  • (a) except in the case set out in paragraph (1)(c), set out in the provisional medical certificate their assessment of the seafarer’s suitability as

    • (i) fit for sea service without limitations, or

    • (ii) fit for sea service with limitations, as specified in the certificate; and

  • (b) if they issue a provisional medical certificate but remain uncertain as to the seafarer’s medical fitness, request that the Minister take one or more of the actions set out in paragraphs 278(2)(a) to (c) and issue a decision referred to in subsection 278(4).

• (3) The validity period of a provisional medical certificate ends on the earliest of

  • (a) the date of issuance of a medical certificate by the Minister or the date of a letter from the Minister declaring the Minister’s refusal to issue a medical certificate,

  • (b) 6 months after the date of issuance of the provisional medical certificate if the certificate is not renewed, and

  • (c) 1 year after the date of issuance of the provisional medical certificate if the certificate is renewed.

• (4) The provisional medical certificate referred to in subparagraph (2)(a)(ii) shall be accompanied by a supporting letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, as the case may be, giving the reasons for determining that the seafarer is fit for sea service with limitations.