Marine Personnel Regulations (SOR/2007-115)

276. For the purposes of this Division, the Minister may accept a provisional medical certificate with respect to a seafarer provided to the Minister by a marine industry association following a medical examination performed, at the request of the association, by a marine medical examiner, despite the fact that the certificate is not in the form established by the Minister, but only if it meets the requirements of section 275.

• 277. (1) The following persons may submit a memorandum to the Minister contesting a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate with respect to a seafarer:

  • (a) the seafarer’s employer;

  • (b) the seafarer’s prospective employer; and

  • (c) the seafarer if they have been declared

    • (i) unfit for sea service and have been refused a medical certificate, or

    • (ii) fit for sea service with limitations.

• (2) If the provisional medical certificate declaring the holder to be fit for sea service or fit for sea service with limitations remains in force, a seafarer’s employer or prospective employer who, taking into account the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy, has grounds to believe that the seafarer’s state of health might constitute a risk to the safety of the vessel on board which they occupy or seek to occupy a position or to the safety of other persons on board, may submit a memorandum to the Minister requesting that the Minister take at least one of the actions set out in subsection 278(2).

• 278. (1) A seafarer who has received a provisional medical certificate declaring them fit for sea service with limitations or a provisional letter of refusal to issue a provisional medical certificate, may, within 30 days after receiving the document, request from the Minister a reconsideration of that decision.

• (2) On receiving a request under subsection (1), the Minister shall take at least one of the following actions:

  • (a) direct that further medical examinations or tests be carried out and, if the Minister wishes, stipulate the nature of the examinations or tests required and the persons or organizations to carry them out;

  • (b) consult any expert on the medical fitness of the seafarer or the occupational and operational requirements of the position that the seafarer occupies or could occupy if the seafarer had the required medical certificate; and

  • (c) name a medical reconsideration committee that will function in accordance with the procedures set out in section 279 and that will be responsible for giving the Minister its recommendations concerning a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate, a copy of which was sent under section 275 or 276, which committee shall be comprised of the following persons acting as referees:

    • (i) a physician who is independent of the shipowner and any organization of shipowners or seafarers,

    • (ii) a marine occupational expert who is independent of the shipowner and any organization of shipowners or seafarers and who holds a certificate of competency valid under these Regulations that would permit the expert to evaluate the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy, and

    • (iii) a member of the marine industry who is acceptable to the seafarer.

• (3) If the Minister receives a copy of a provisional medical certificate issued under section 275 or 276, a provisional letter of refusal to issue a provisional medical certificate or a memorandum submitted under section 277 and has reason to believe, taking into account the criteria set out in subsection (5), that the provisional medical certificate or the provisional letter of refusal to issue one is incomplete or erroneous, the Minister may take any of the actions set out in paragraphs (2)(a) to (c).

• (4) After having taken into consideration the provisional medical certificate or the provisional letter of refusal to issue a provisional medical certificate, the health of the seafarer to whom it was issued, any memorandum submitted under section 277 and any recommendation made by the persons referred to in paragraphs (2)(a) to (c), the Minister shall reconsider that certificate or letter in accordance with the criteria set out in subsection (5) and

  • (a) issue a Canadian maritime document in the form of a medical certificate declaring the seafarer, taking into account the specific requirements of subsection 270(1), as

    • (i) fit for sea service without limitations,

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

  • (b) issue, sign and cause to be filed, a letter of refusal to issue a medical certificate, giving the reasons for determining that the seafarer is unfit for sea service and refusing to issue that Canadian maritime document.

• (5) The Minister’s decision with regard to any medical certificate shall be based on the following criteria:

  • (a) the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy;

  • (b) the level of risk involved in the position referred to in paragraph (a) with regard to

    • (i) the seafarer,

    • (ii) other seafarers and, if applicable, the passengers on board the vessel on which the position exists,

    • (iii) the vessel on board which the position exists, and

    • (iv) the health and safety of the general public; and

  • (c) any relevant consideration linked to human rights as set out in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

• (6) A medical certificate referred to in subparagraph (4)(a)(ii) shall be accompanied by a supporting letter, signed and placed on file, giving the reasons for determining that the seafarer is fit for sea service with limitations.