Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2017-11-20 and last amended on 2017-02-03. Previous Versions

Marine Personnel Regulations

SOR/2007-115

CANADA SHIPPING ACT, 2001

Registration 2007-05-31

Marine Personnel Regulations

P.C. 2007-846 2007-05-31

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 35(1)(d), (e)Footnote a and (g)Footnote a, section 100 and subsection 120(1) of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Marine Personnel Regulations.

Interpretation

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Canada Shipping Act, 2001. (Loi)

    Administration

    Administration means

    • (a) in respect of a Canadian vessel, the Minister; and

    • (b) in respect of a foreign vessel, the administration of the state whose flag the vessel is entitled to fly. (Administration)

    air cushion vessel

    air cushion vessel or ACV means a vessel designed so that the whole or a significant part of its weight can be supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its effectiveness on the proximity of the vessel to the surface over which it operates. (aéroglisseur)

    applicant

    applicant means a person who applies to obtain, renew or replace a certificate or an endorsement issued under Part 1 or 2. (candidat)

    approved cadet training program

    approved cadet training program means a training program in either navigation or marine engineering, depending on the certificate or position sought, listed in the Department of Transport Standard TP 10655, Approved Training Courses. (programme de formation approuvé de cadets)

    approved training course

    approved training course means a course that has been approved in accordance with section 114. (cours de formation approuvé)

    approved training program

    approved training program means a training program approved in accordance with section 114, given by a recognized institution and forming an integral part of the requirements for obtaining a certificate or an endorsement that, in cases provided for in these Regulations, may be credited to the applicant in lieu of a specified part of either the qualifying service or the examinations required for a certificate or an endorsement. (programme de formation approuvé)

    ARPA

    ARPA means an approved training course in simulated electronic navigation (SEN) entitled Automatic Radar Plotting Aids. (APRA)

    assistant engineer

    assistant engineer means a person, other than a rating, who is in training to become an engineer. (officier mécanicien adjoint)

    ballast control operator

    ballast control operator, in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (opérateur des commandes de ballasts)

    barge supervisor

    barge supervisor, in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (superviseur de barge)

    certificated person

    certificated person means, in respect of the manning of a survival craft, a person who holds

    • (a) a Master or Mate certificate valid for the vessel on which the craft is carried;

    • (b) a Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats certificate or endorsement; or

    • (c) a Restricted Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats certificate that is valid for the vessel on which the person is employed. (personne brevetée)

    chemical tanker

    chemical tanker has the same meaning as in chapter I of the STCW Convention. (bâtiment-citerne pour produits chimiques)

    chief engineer

    chief engineer means the engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of a vessel. (chef mécanicien)

    chief mate

    chief mate means, in respect of a vessel other than an MOU, the officer next in rank to the master and on whom the command and charge of the vessel falls in the event of the incapacity of the master. (premier officier de pont)

    coasting trade

    coasting trade has the same meaning as in subsection 2(1) of the Coasting Trade Act. (cabotage)

    complement

    complement means the master and the persons who constitute the crew of a vessel. (effectif)

    day work

    day work means duties, other than watchkeeping, that are performed at sea on board a vessel involving the overhaul or maintenance of machinery in an engine room or boiler room, or on auxiliaries outside the engine room or boiler room. (tâches quotidiennes)

    deck officer

    deck officer or mate means a person, other than the master, a pilot or a rating, who holds a certificate that authorizes them to be the person in charge of the deck watch. (officier de pont)

    dynamically positioned

    dynamically positioned means, in respect of an MOU, that the MOU is held in position over a well wholly or partly by means of propulsion units. (positionnement dynamique)

    engineer

    engineer means any person who may be in charge of the engineering watch, whether or not the person holds an Engineer certificate. (officier mécanicien)

    engine-room rating

    engine-room rating means a rating who forms part of the engineering watch as the assistant to an engineer, but does not include a rating whose duties while on watch are of an unskilled nature. (matelot de la salle des machines)

    examiner

    examiner means a marine safety inspector authorized under subsection 11(2) of the Act to administer examinations to any applicant and whose functions include auditing training programs and courses and making recommendations to the Minister with respect to the approval of training courses and programs. (examinateur)

    fishing vessel

    fishing vessel means a vessel used for commercially catching, harvesting or transporting fish or other living marine resources but does not include a vessel that is 24 m or more in length whose sole participation in those activities is in respect of the catch or harvest of another vessel or aquaculture facility. (bâtiment de pêche)

    fitting out

    fitting out means the time spent preparing a vessel for its operation during which time it is possible to substantially train an engineer, a rating or an assistant engineer. (remise en fonction)

    Great Lakes Basin

    Great Lakes Basin means the waters of the Great Lakes, their connecting and tributary waters and the St. Lawrence River as far as the lower exit of the St. Lambert Lock at Montréal in the Province of Quebec. (bassin des Grands Lacs)

    high-speed craft

    high-speed craft means a craft certified by the Administration as meeting the requirements of the HSC Code. (engin à grande vitesse)

    HSC Code

    HSC Code means

    • (a) in the case of a high-speed craft referred to in sections 1.3.1 to 1.3.6 of the International Code of Safety for High Speed Craft, 2000, that Code; and

    • (b) in the case of all other high-speed crafts, the International Code of Safety for High Speed Craft, 1994. (Recueil HSC)

    IMO

    IMO means the International Maritime Organization. (OMI)

    in charge of the deck watch

    in charge of the deck watch means, in respect of a person, a person who has immediate charge of the navigation, manoeuvring, or operation of a vessel but does not include a pilot. (chargé du quart à la passerelle)

    inland voyage

    inland voyage means a voyage on the inland waters of Canada together with any part of any lake or river forming part of the inland waters of Canada that lies within the United States or a voyage on Lake Michigan. (voyage en eaux internes)

    inland waters of Canada

    inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn

    • (a) from Cap-des-Rosiers to West Point, Anticosti Island; and

    • (b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W. (eaux internes du Canada)

    international voyage

    international voyage means a voyage between a place in Canada and a place not in Canada or between places not in Canada. (voyage international)

    laying up

    laying up means the time spent preparing a vessel for periods of inactivity, during which time it is possible to substantially train an engineer, a rating or an assistant engineer. (mise au repos)

    length

    length means registered length unless otherwise specified. (longueur)

    limited, contiguous waters voyage

    limited, contiguous waters voyage means a near coastal voyage, Class 1 limited to the waters contiguous to Canada, the United States (except Hawaii) and Saint Pierre and Miquelon. (voyage limité en eaux contiguës)

    liquefied gas tanker

    liquefied gas tanker has the same meaning as in chapter I of the STCW Convention. (bâtiment-citerne pour gaz liquéfié)

    maintenance supervisor

    maintenance supervisor, in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (chef de l’entretien)

    marine industry association

    marine industry association means any grouping of owners of vessels operating under the Canadian flag that uses marine medical examiners for the medical examination of seafarers working on those vessels. (association de propriétaires de l’industrie maritime)

    marine medical examiner

    marine medical examiner means a physician who is designated by the Minister under section 268 to perform the examinations referred to in Division 8 of Part 2. (médecin examinateur de la marine)

    MED

    MED or marine emergency duties means marine emergency duties taught at a recognized institution. (FUMoufonctions d’urgence en mer)

    Minister

    Minister means the Minister of Transport. (ministre)

    mobile offshore unit

    mobile offshore unit or MOU has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (unité mobile au largeouUML)

    motor vessel

    motor vessel means a vessel whose propulsive power is derived from an internal combustion engine. (bâtiment à moteur)

    MOU/self-elevating

    MOU/self-elevating, MOU/self-propelled and MOU/surface have the same meanings, respectively, as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (UML/auto-élévatrice, UML/autopropulséeetUML/surface)

    near coastal voyage, Class 1

    near coastal voyage, Class 1 has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 1)

    near coastal voyage, Class 2

    near coastal voyage, Class 2 has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage à proximité du littoral, classe 2)

    offshore installation manager

    offshore installation manager, in respect of an MOU, has the same meaning as in IMO Resolution A.891(21), Recommendations on Training of Personnel on Mobile Offshore Units, or in any other resolution that replaces it. (chef de l’installation au large)

    oil tanker

    oil tanker has the same meaning as in chapter I of the STCW Convention. (pétrolier)

    passenger-carrying vessel

    passenger-carrying vessel means a vessel that carries one or more passengers. (bâtiment transportant des passagers)

    passenger submersible craft

    passenger submersible craft means a vessel designed to be a passenger-carrying vessel and that can operate under water by relying on surface support, such as from a floating vessel or shore facility, for continued monitoring and for recharging

    • (a) electrical power;

    • (b) high-pressure air; or

    • (c) life-support systems. (engin submersible transportant des passagers)

    place

    place, in respect of a voyage, means

    • (a) a port; or

    • (b) a marine installation or vessel that is used for loading or unloading vessels. (lieu)

    Pollution Convention

    Pollution Convention means the International Convention for the Prevention of Pollution from Ships, 1973, signed at London on November 2, 1973, and the Protocol of 1978 relating to the Convention, signed at London on February 17, 1978, and any amendments, whenever made, to Protocol I, the Annexes or the Appendices to that Convention. (Convention sur la pollution)

    propulsive power

    propulsive power means the power in kilowatts that is specified in a vessel’s certificate of registry or the total installed power in kilowatts that can be directed to propel the vessel, whichever is greater. (puissance de propulsion)

    qualifying service

    qualifying service means service credited to an applicant in order for them to meet the experience requirements for a certificate or an endorsement issued under Part 1. (service admissible)

    radio watch

    radio watch means the period during which a member of the complement is required to be at the ship station and in charge of communications. (veille radioélectrique)

    rated generator capacity

    rated generator capacity means the aggregate capacity obtained by adding together the individually rated capacities of all of the generators on a vessel. (capacité nominale de production d’énergie électrique)

    rating

    rating means a member of the complement of a vessel other than the master or an officer. (matelot)

    recognized institution

    recognized institution means a training institution, designated by the Minister, that administers, in accordance with the established practices and requirements of the domestic and international marine industry, approved training courses and approved training programs for the purpose of giving applicants the training necessary to obtain a training certificate, a certificate of competency or an endorsement issued or required under these Regulations. (établissement reconnu)

    registered nurse

    registered nurse means a person registered or licensed as a nurse under the laws of a province. (infirmier autorisée)

    sailing vessel

    sailing vessel means a vessel that has sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion. (bâtiment à voile)

    sea area A2

    sea area A2, sea area A3 and sea area A4 have the same meanings, respectively, as in Chapter IV of SOLAS. (zone océanique A2, zone océanique A3etzone océanique A4)

    seafarer

    seafarer means a person who is employed or is to be employed in any capacity on board a vessel. (navigant)

    sea service

    sea service means a period of qualifying service spent by a person employed on board a vessel and includes service while the vessel is in port, loading or unloading, at anchor, in refit or in dry-dock, if that service forms part of a voyage. (service en mer)

    second engineer

    second engineer means the engineer next to the chief engineer in the line of authority. (officier mécanicien en second)

    SEN

    SEN means an approved training course in simulated electronic navigation. (NES)

    sheltered waters voyage

    sheltered waters voyage has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage en eaux abritées)

    SIM

    SIM means an examination on simulated electronic navigation administered by an examiner. (SIM)

    SOLAS

    SOLAS means the International Convention for the Safety of Life at Sea of 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)

    stationary MOU

    stationary MOU means an MOU that is not underway, that is not maintaining position by means of thrusters or dynamic positioning or that does not keep the propulsion unit in standby mode. (UML stationnaire)

    STCW Code

    STCW Code means the Seafarers’ Training, Certification and Watchkeeping Code adopted under the STCW Convention. (Code STCW)

    STCW Convention

    STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. (Convention STCW)

    steamship

    steamship means a vessel whose propulsive power is derived from boilers and steam engines. (bâtiment à vapeur)

    TP 2293

    TP 2293 means the standard entitled The Examination and Certification of Seafarers, published by the Department of Transport. (TP 2293)

    TP 4957

    TP 4957 means the standard entitled Marine Emergency Duties Training Courses, published by the Department of Transport. (TP 4957)

    TP 10937

    TP 10937 means the standard entitled Mobile Offshore Unit Training Courses, published by the Department of Transport. (TP 10937)

    training certificate

    training certificate means a document issued by a recognized institution evidencing the holder’s successful completion of an approved training program or approved training course. (certificat de formation)

    tug

    tug means a vessel used exclusively in operations associated with towing another vessel or a floating object astern or alongside or in pushing another vessel or a floating object ahead. (remorqueur)

    unlimited voyage

    unlimited voyage has the same meaning as in section 1 of the Vessel Certificates Regulations. (voyage illimité)

    vessel of open construction

    vessel of open construction means a vessel of which less than 50% of the length is covered full width, at or above the gunwale level, by decks or permanent enclosures. (bâtiment non ponté)

    watch

    watch means

    • (a) in respect of a vessel, that part of the complement that is required for the purpose of attending to the navigation, communications, machinery and security of the vessel, including, under the conditions of subsection 215(2), the master; and

    • (b) in respect of a member of the complement, the period during which the member is required to be on call or the physical presence of the member is required

    • (i) on the bridge or deck, in the case of the master, a mate or a deck rating, or

    • (ii) in the engine room, in the case of an engineer or engine-room rating. (quart)

    wing-in-ground craft

    wing-in-ground craft has the same meaning as in the International Regulations for Preventing Collisions at Sea, 1972. (navion)

  • (2) For the purposes of these Regulations,

    • (a) in section A-VIII/2 of the STCW Code, every reference to the “International Regulations for Preventing Collisions at Sea, 1972” shall be read as a reference to the Collision Regulations;

    • (b) in section A-VIII/2 of the STCW Code, every reference to the “Radio Regulations” shall be read as a reference to the Ship Station (Radio) Regulations, 1999; and

    • (c) in IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it, every reference to “company” shall be read to mean “authorized representative” and every reference to an approved “Ship’s Security Plan” shall be read to mean a “vessel security plan” as approved by the Minister under the Marine Transportation Security Regulations by the Minister.

  • (3) For the purpose of these Regulations, every reference to ro-ro passenger ship in a document incorporated by reference in these Regulations means ro-ro vessel that is a passenger-carrying vessel and every reference to air cushion vehicle means air cushion vessel.

  • (4) Except as otherwise indicated in these Regulations, any reference to a document incorporated by reference into these Regulations is a reference to the document as amended from time to time.

  • (5) For the purpose of interpreting any material incorporated by reference into these Regulations, “should” shall be read to mean “shall”.

  • (6) In the event of an inconsistency between a definition in any material incorporated by reference into these Regulations and any other definition in these Regulations, that other definition prevails to the extent of the inconsistency.

  • (7) For the purposes of these Regulations and of all provisions of the Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, “medical standards” shall be read to mean the medical standards set out in those Guidelines and the additional standards provided in subsection 270(1).

  • (8) For the purposes of interpreting the STCW Convention, sea service has the same meaning as in subsection (1).

  • (9) For the purposes of interpreting the STCW Convention and the STCW Code, Administration has the same meaning as in subsection (1).

 
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