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Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2022-05-02 and last amended on 2021-06-23. Previous Versions

PART 2Crewing (continued)

DIVISION 2Canadian Vessels (continued)

Training and Familiarization (continued)

  •  (1) The authorized representative of a vessel shall provide to the master written instructions that, at a minimum, determine the procedures and, if applicable, the policies, within the meaning of those terms in section A-I/14 of the STCW Code, to be followed to ensure that each member of the complement, before being assigned any duty,

    • (a) becomes familiar with

      • (i) the shipboard equipment that are specific to the vessel,

      • (ii) the operational instructions that are specific to the vessel, and

      • (iii) their assigned duties; and

    • (b) can effectively perform their assigned duties when performing duties vital to safety or the prevention or mitigation of pollution.

  • (2) The master shall ensure that

    • (a) in accordance with the procedures and, if applicable, the policies referred to in subsection (1), each member of the vessel’s crew, at the beginning of their employment, is trained on the subject-matter referred to in paragraph (1)(a) and can effectively perform their assigned duties when performing duties vital to safety or the prevention or mitigation of pollution, and that thereafter the member’s knowledge is maintained up to date; and

    • (b) a record of training on the subject-matter and training referred to in subsections (1) and 205(1) that includes the following information is kept readily available for inspection by a marine safety inspector, on board the vessel or, if the vessel does not travel more than five nautical miles from its home port, in its home port:

      • (i) the name of each member of the complement who has been trained,

      • (ii) the equipment they were trained on,

      • (iii) the subject-matter they were trained on, and

      • (iv) the days on which they were trained.

Minimum Complement

  •  (1) The authorized representative of a vessel shall ensure that the minimum complement of the vessel meets the requirements of this section.

  • (2) A person performing the duties of a position listed on the Safe Manning Document may be assigned to various duties in order to meet the requirements of more than one provision of this section.

  • (3) The minimum complement of a vessel shall be sufficient in number to ensure compliance with the requirements set out in sections 320 to 322 and shall consist of

    • (a) the master;

    • (b) if required by paragraph 212(4)(b), the chief mate;

    • (c) a person in charge of the machinery, except if the vessel

      • (i) is a passenger-carrying vessel and has a propulsive power of not more than 75 kW,

      • (ii) is not a passenger-carrying vessel and has a propulsive power of not more than 750 kW, or

      • (iii) is exempted under section 217 from the application of sections 218 to 226;

    • (d) the persons required to keep

      • (i) the deck watch as set out in sections 213 to 216,

      • (ii) the engineering watch as set out in sections 223 to 225, and

      • (iii) the radio watch as set out in sections 266 and 267;

    • (e) if the Vessel Fire Safety Regulations require that the vessel be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations;

    • (f) if the vessel is not a fishing vessel and is engaged on a voyage of a duration of more than three days that is an unlimited voyage or a near coastal voyage, Class 1, a person designated to take charge of medical care on board the vessel who is

      • (i) a physician, if the vessel is carrying 100 or more crew members, or

      • (ii) qualified in accordance with paragraph 205(8)(b) if the vessel is carrying less than 100 crew members;

    • (g) a person designated to provide first aid on board the vessel, that person being qualified in accordance with subsection 205(9);

    • (h) for each fast rescue boat on board the vessel, two teams of

      • (i) two persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on a near coastal voyage, Class 2 or a sheltered waters voyage, and

      • (ii) three persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on an unlimited voyage or a near coastal voyage, Class 1; and

    • (i) any additional persons who may be required on board by the ordinary practice of seamen for normal safe operation of the vessel, including docking, anchoring and fuelling.

  • (4) The minimum complement of a vessel, in order to deal with an emergency situation, shall consist of

    • (a) a master;

    • (b) the persons required to keep

      • (i) the deck watch as set out in sections 214 to 216, but the additional person on board a vessel of less than 300 gross tonnage and the second additional person on board a vessel of less than 3 000 gross tonnage may also be assigned to other duties,

      • (ii) the engineering watch as set out in sections 224 and 225, and

      • (iii) the radio watch as set out in section 266;

    • (c) the principal communicator as set out in section 267; and

    • (d) the persons needed to simultaneously carry out the following tasks:

      • (i) operate and use the fire extinguishing equipment and systems required by or approved under the Vessel Fire Safety Regulations to fight a fire at any one location on the vessel,

      • (ii) prepare for launching the survival craft carried in accordance with the Life Saving Equipment Regulations,

      • (iii) operate the vessel’s pumping and emergency power system,

      • (iv) direct and control the passengers who are on board, and

      • (v) provide communication between the person in immediate charge of the vessel and the persons directing and controlling the passengers.

  • (5) The minimum complement of a vessel shall consist of a sufficient number of persons to carry out an evacuation and, in the case of a passenger-carrying vessel, to implement the evacuation plan required by the Life Saving Equipment Regulations.

  • (6) Subject to subsection (7), the minimum complement of a vessel, in order to deal with a post-abandonment situation, shall consist of a sufficient number of certificated persons to meet the requirements of sections 208 to 210.

  • (7) In order to deal with an evacuation situation or a post-abandonment situation, the master may, despite subsection 209(2), assign one team for each fast rescue boat carried on board instead of the two teams required by that subsection.

  • SOR/2017-14, s. 412
  •  (1) The master of a vessel shall assign, for each lifeboat required to be on board by the Life Saving Equipment Regulations,

    • (a) if the lifeboat has a specified capacity of 50 or fewer persons, at least two certificated persons; and

    • (b) if the lifeboat has a specified capacity of more than 50 persons, at least three certificated persons.

  • (2) In the case of a motorized lifeboat, the master shall ensure that one of the persons assigned to it has received the necessary training to operate the motor and carry out minor adjustments to it.

  •  (1) The master of a vessel shall assign for each emergency boat or rescue boat carried on board, other than a fast rescue boat,

    • (a) one team of at least two certificated persons, if the vessel is engaged on a near coastal voyage, Class 2 or a sheltered waters voyage; and

    • (b) one team of at least three certificated persons, if the vessel is engaged on an unlimited voyage or a near coastal voyage, Class 1.

  • (2) The master of a vessel shall assign for each fast rescue boat

    • (a) two teams of at least two persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on a near coastal voyage, Class 2 or a sheltered waters voyage; and

    • (b) two teams of at least three persons holding a Proficiency in Fast Rescue Boats certificate or endorsement, if the vessel is engaged on an unlimited voyage or a near coastal voyage, Class 1.

  • (3) If the aggregate capacity of survival craft required to accommodate all persons on board a passenger-carrying vessel can be met without the need to use one or more emergency boats or rescue boats that are on board, the certificated persons required for those supplementary emergency boats or rescue boats may be the same persons assigned to the lifeboats, life rafts or inflatable rescue platforms under sections 208 and 210.

  •  (1) Subject to subsections (2) and (3), the master of a vessel shall assign

    • (a) if the vessel is a passenger-carrying vessel and is engaged on a sheltered waters voyage,

      • (i) at least one certificated person per two inflatable life rafts or inflatable rescue platforms with a specified capacity of 25 or fewer persons that are required to be carried on board by the Life Saving Equipment Regulations, and

      • (ii) at least one certificated person per inflatable life raft or inflatable rescue platform with a specified capacity of more than 25 persons that is required to be carried on board by the Life Saving Equipment Regulations; and

    • (b) in all other cases, at least one certificated person per inflatable life raft or inflatable rescue platform that is required to be carried on board by the Life Saving Equipment Regulations.

  • (2) If a vessel is engaged on a near coastal voyage, Class 2 or a sheltered waters voyage, a certificated person required under subsection (1) may be replaced by any member of the complement if at least 75% of the complement consists of certificated persons and the remainder of the complement is familiarized with the operation of survival craft.

  • (3) If a vessel is engaged on a sheltered waters voyage, the certificated person may be replaced by a person who holds a training certificate in marine emergency duties that is applicable to the vessel as set out in the table to subsection 205(3) or, if applicable, one of the training certificates referred to in subsection 205(4).

Safe Manning Requirements

 The authorized representative of a vessel that is not a Safety Convention vessel and that is required to carry an inspection certificate shall ensure that the vessel meets the safe manning requirements specified in the Safe Manning Document established for the vessel by the Minister in accordance with paragraph 202(3)(b).

Masters and Deck Officers

  •  (1) This section applies to a fishing vessel beginning on

    • (a) November 7, 2008 if the vessel is of 60 gross tonnage or less and more than 15 m in overall length;

    • (b) November 7, 2009 if the vessel is more than 14 m but not more than 15 m in overall length;

    • (c) November 7, 2010 if the vessel is more than 13 m but not more than 14 m in overall length;

    • (d) November 7, 2012 if the vessel is more than 12 m but not more than 13 m in overall length;

    • (e) November 7, 2015 if the vessel is more than 6 m but not more than 12 m in overall length; or

    • (f) November 7, 2016 if the vessel is 6 m or less in overall length.

  • (2) This section applies to a vessel of up to 10 gross tonnage that is not a fishing vessel or passenger-carrying vessel, beginning on November 7, 2010.

  • (3) This section applies to a passenger-carrying vessel of up to 5 gross tonnage or not more than 8 m in overall length that is not a fishing vessel, beginning on November 7, 2009.

  • (4) Every vessel that is engaged on a voyage shall have on board, and its authorized representative shall employ,

    • (a) subject to subsection (6), a master;

    • (b) in the case of a vessel of at least 500 gross tonnage or that carries more than 50 passengers, a chief mate; and

    • (c) a sufficient number of deck officers to satisfy the requirements of sections 213 to 216.

  • (5) Every person who holds a certificate set out in column 1 of table 1 to this section may perform the duties of a position referred to in any of columns 2 to 5 on board a vessel that is engaged on a class of voyage set out in the heading of the column that applies to that position, subject to any limitations indicated.

  • (6) Every person who holds a certificate set out in column 1 of table 2 to this section may perform the duties of a position referred to in any of columns 2 to 5 on board a vessel engaged on a limited, contiguous waters voyage whose only activity is in respect of the catch or harvest of another vessel or aquaculture facility or a fishing vessel that is engaged on a class of voyage set out in the heading to that column, subject to any limitations indicated.

  • (7) A certificate issued before the day on which this section comes into force and renewed under section 105 retains the validity that it had under the Canada Shipping Act, except in the case of a certificate referred to in column 1 of paragraphs 10(e) and 25(b), items 28 and 31 and paragraphs 38(b) and 39(b) of Schedule 1 to Part 1 which is subject to any limitations set out on the renewed certificate.

  • (8) The master of a fishing vessel of up to 15 gross tonnage or not more than 12 m in overall length who has acquired at least 7 fishing seasons, with no two of those seasons occurring in the same year, as master of a fishing vessel before the coming into force of this section is not required to hold the training certificate referred to in column 1 of item 6 of table 2 to this section in order to perform the duties set out in columns 4 or 5 of that item.

    TABLE 1

    Master and Mate Certificates

    ItemColumn 1Column 2Column 3Column 4Column 5
    CertificateUnlimited VoyageNear Coastal Voyage, Class 1Near Coastal Voyage, Class 2Sheltered Waters Voyage
    1Master MarinerMasterMasterMasterMaster
    2Master, Near CoastalN/AMasterMasterMaster
    3Master 3 000 Gross Tonnage, Near CoastalN/AMaster, vessel of up to 3 000 gross tonnageMaster, vessel of up to 3 000 gross tonnageMaster
    4Master 500 Gross Tonnage, Near CoastalN/AMaster, vessel of up to 500 gross tonnageMaster, vessel of up to 500 gross tonnageMaster
    Chief Mate, vessel of up to 3 000 gross tonnageChief Mate, vessel of up to 3 000 gross tonnage
    5Chief MateChief MateChief MateChief MateMaster
    Master, vessel of up to 500 gross tonnageMaster, vessel of up to 500 gross tonnage
    6Chief Mate, Near CoastalN/AChief MateChief MateMaster
    Master, vessel of up to 500 gross tonnageMaster, vessel of up to 500 gross tonnage
    7Watchkeeping MateOfficer in charge of the watchOfficer in charge of the watchOfficer in charge of the watchChief Mate
    Chief Mate, vessel of up to 3 000 gross tonnageChief Mate, vessel of up to 3 000 gross tonnageChief Mate, vessel of up to 3 000 gross tonnage
    8Watchkeeping Mate, Near CoastalN/AOfficer in charge of the watchOfficer in charge of the watchChief Mate
    Chief Mate, vessel of up to 3 000 gross tonnageChief Mate, vessel of up to 3 000 gross tonnage
    9Master 3 000 Gross Tonnage, DomesticN/AMaster, vessel of up to 3 000 gross tonnage, that is engaged on a voyage described in note 1Master, vessel of up to 3 000 gross tonnageMaster
    10Master 500 Gross Tonnage, DomesticN/AMaster, vessel of up to 500 gross tonnage, that is engaged on a voyage described in note 1, if the certificate has the endorsement referred to in paragraph 102(r)Master, vessel of up to 500 gross tonnageMaster, vessel of up to 3 000 gross tonnage
    Chief Mate, vessel of up to 3 000 gross tonnage, that is engaged on a voyage described in note 1, if the certificate has the endorsement referred to in paragraph 102(r)Chief Mate, vessel of up to 3 000 gross tonnage
    11Chief Mate 500 Gross Tonnage, DomesticN/AChief Mate, vessel of up to 500 gross tonnage that is engaged on a voyage described in note 1, if the certificate has the endorsement referred to in paragraph 102(r)Officer in charge of the watch, vessel of up to 3 000 gross tonnageChief Mate, vessel of up to 3 000 gross tonnage
    Chief Mate, vessel of up to 500 gross tonnage
    12Master 150 Gross Tonnage, DomesticN/AMaster, vessel of up to 150 gross tonnage that is engaged on a voyage described in note 1, if the certificate has the endorsement referred to in paragraph 102(r)Master, vessel of up to 150 gross tonnageMaster, vessel of up to 500 gross tonnage
    13Chief Mate 150 Gross Tonnage, DomesticN/AChief Mate, vessel of up to 150 gross tonnage that is engaged on a voyage described in note 1, if the certificate has the endorsement referred to in paragraph 102(r)Chief Mate, vessel of up to 150 gross tonnageChief Mate, vessel of up to 500 gross tonnage
    14Master, Limited for a vessel of 60 gross tonnage or moreN/AN/AMaster, on any vessel and in any area specified on the certificate.

    See note 2.

    Master, on any vessel and in any area specified on the certificate
    15Chief Mate, Limited for a vessel of 60 gross tonnage or moreN/AN/AChief Mate, on any vessel and in any area specified on the certificate.

    See note 2.

    Chief Mate, on any vessel and in any area specified on the certificate
    16Master, Limited for a vessel of less than 60 gross tonnageN/AN/AMaster, on any vessel of less than 60 gross tonnage of a type, tonnage, area and period of operation specified on the certificateMaster, on any vessel of less than 60 gross tonnage of a type, tonnage, area and period of operation specified on the certificate
    17Chief Mate, Limited for a vessel of less than 60 gross tonnageN/AN/AChief Mate, on any vessel less than 60 gross tonnage of a type, tonnage, area and period of operation specified on the certificateChief Mate, on any vessel less than 60 gross tonnage of a type, tonnage, area and period of operation specified on the certificate
    18Small Vessel Operator Proficiency training certificateN/AN/AOperator, vessel of up to 5 gross tonnage (except tugs)Operator, vessel of up to 5 gross tonnage (except tugs)
    19Pleasure Craft Operator CardN/AN/AOperator, vessel of not more than 8 m in overall length that is not a passenger-carrying vessel and that is engaged on a voyage not more than two nautical miles from shore (except tugs)Operator, vessel of not more than 8 m in overall length (except tugs) carrying six or fewer passengers
    • Note 1: A limited, contiguous waters voyage.

    • Note 2: The certificate referred to in column 1 authorizes a near coastal voyage, Class 2 if the voyage is a “minor waters voyage” as defined in the Canada Shipping Act in the version that was in force before the coming into force of the Act.

    TABLE 2

    Master Certificates — Fishing Vessels

    ItemColumn 1Column 2Column 3Column 4Column 5
    CertificateUnlimited VoyageNear Coastal Voyage, Class 1Near Coastal Voyage, Class 2Sheltered Waters Voyage
    1Fishing Master, First ClassMasterMasterMasterMaster
    2Fishing Master, Second ClassChief MateMasterMasterMaster
    3Fishing Master, Third ClassOfficer in charge of watchMasterMasterMaster
    4Fishing Master, Fourth ClassN/AMaster, fishing vessel of up to 100 gross tonnageMaster, fishing vessel of up to 100 gross tonnageMaster, fishing vessel of up to 100 gross tonnage
    Officer in charge of the watchOfficer in charge of the watch
    5Certificate of Service as Master of a Fishing Vessel of Less Than 60 Gross TonnageValidity specified on the certificateValidity specified on the certificate

    Validity specified on the certificate.

    See note.

    Validity specified on the certificate
    6Small Vessel Operator Proficiency training certificateN/AN/A

    Master, fishing vessel of up to 15 gross tonnage or not more than 12 m in overall length.

    See note.

    Master, fishing vessel of up to 15 gross tonnage or not more than 12 m in overall length
    7Pleasure Craft Operator CardN/AN/AMaster, fishing vessel of up to 15 gross tonnage or not more than 12 m in overall length, on a voyage not more than two nautical miles from shoreMaster, fishing vessel of up to 15 gross tonnage or not more than 12 m in overall length
    • Note: For the purposes of items 5 and 6, near coastal voyage, Class 2 includes an inland voyage on Lake Superior or Lake Huron that is not a sheltered waters voyage.

 
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