Medical Reconsideration Procedure for a Provisional Medical Certificate
279. (1) The Chairperson of the medical reconsideration committee is the marine occupational expert, and all decisions of the committee are by a simple majority.
(2) After reconsidering the provisional medical certificate or the letter of refusal to issue one and the state of health of the seafarer to whom a certificate or letter was issued, the medical reconsideration committee may direct that further medical examinations or tests be carried out and may stipulate the nature of the examinations or tests and the persons or organizations to carry them out.
(3) The medical reconsideration committee shall recommend to the Minister whether the Minister should issue, with regard to the seafarer, a medical certificate or a letter of refusal to issue a medical certificate.
(4) The medical reconsideration committee shall base its recommendations 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.
Contestation of the Results of a Medical Certificate with Limitations
280. (1) The Transportation Appeal Tribunal of Canada has jurisdiction over reviews and appeals with regard to any medical certificate declaring the seafarer fit for sea service with limitations.
(2) A seafarer who is issued a medical certificate declaring them fit for sea service with limitations under subparagraph 278(4)(a)(ii) may request a review of that certificate by the Tribunal.
(3) The review procedure set out in subsections 16.1(2) to (5) of the Act applies to a review of a medical certificate declaring a seafarer fit for sea service with limitations.
(4) A seafarer may appeal to the Tribunal a determination made under paragraph 16.1(5)(b) of the Act.
(5) The appeal procedure set out in section 20.5 of the Act applies to an appeal by a seafarer of a decision made under subsection 16.1(5) of the Act.
Medical Examination Costs
281. (1) Subject to subsections (2) and (3) and any applicable collective bargaining agreement, a seafarer who has applied for a medical examination under section 271 shall bear the costs of any medical examination or test undergone that results in their receiving one of the following documents:
(a) a provisional medical certificate;
(b) a medical certificate;
(c) a provisional letter of refusal to issue a provisional medical certificate; or
(d) a letter of refusal to issue a medical certificate.
(2) An employer or prospective employer who submits a memorandum under section 277 shall assume any related costs.
(3) If the Minister has received a copy of a provisional medical certificate issued under section 275 or 276 or a provisional letter of refusal to issue a provisional medical certificate and has taken any of the actions set out in paragraphs 278(2)(b) and (c), the Minister shall assume any related costs.
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