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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

Application

 In these Regulations,

  • (a) Part 1 applies to applicants for a certificate of competency or an endorsement; and

  • (b) Part 2 applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.

[3 to 99 reserved]

PART 1Certification

Certificates of Competency

 The Minister may issue the following certificates:

  • (a) Master Mariner;

  • (b) Master, Near Coastal;

  • (c) Master 3 000 Gross Tonnage, Near Coastal;

  • (d) Master 500 Gross Tonnage, Near Coastal;

  • (e) Master 3 000 Gross Tonnage, Domestic;

  • (f) Master 500 Gross Tonnage, Domestic;

  • (g) Master 150 Gross Tonnage, Domestic;

  • (h) Master, Limited;

  • (i) Chief Mate;

  • (j) Chief Mate, Near Coastal;

  • (k) Watchkeeping Mate;

  • (l) Watchkeeping Mate, Near Coastal;

  • (m) Chief Mate 500 Gross Tonnage, Domestic;

  • (n) Chief Mate 150 Gross Tonnage, Domestic;

  • (o) Chief Mate, Limited;

  • (p) Fishing Master, First Class;

  • (q) Fishing Master, Second Class;

  • (r) Fishing Master, Third Class;

  • (s) Fishing Master, Fourth Class;

  • (t) Certificate of Service as Master of a Fishing Vessel of Less Than 60 Gross Tonnage;

  • (u) First-class Engineer, Motor Ship;

  • (v) First-class Engineer, Steamship;

  • (w) Second-class Engineer, Motor Ship;

  • (x) Second-class Engineer, Steamship;

  • (y) Third-class Engineer, Motor Ship;

  • (z) Third-class Engineer, Steamship;

  • (aa) Fourth-class Engineer, Motor Ship;

  • (bb) Fourth-class Engineer, Steamship;

  • (cc) Watchkeeping Engineer, Motor-driven Fishing Vessel;

  • (dd) Small Vessel Machinery Operator;

  • (ee) Air Cushion Vehicle (ACV) Engineer, Class I;

  • (ff) Air Cushion Vehicle (ACV) Engineer, Class II;

  • (gg) Proficiency in Fast Rescue Boats;

  • (hh) Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats;

  • (ii) Restricted Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats;

  • (jj) Passenger Safety Management;

  • (kk) Specialized Passenger Safety Management (Ro-Ro Vessels);

  • (ll) Oil and Chemical Tanker Familiarization;

  • (mm) Liquefied Gas Tanker Familiarization;

  • (nn) Supervisor of an Oil Transfer Operation;

  • (oo) Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N);

  • (pp) Supervisor of a Chemical Transfer Operation;

  • (qq) Supervisor of a Liquefied Gas Transfer Operation;

  • (rr) High-Speed Craft (HSC) Type Rating;

  • (ss) Air Cushion Vehicle (ACV) Type Rating;

  • (tt) Able Seafarer;

  • (uu) Bridge Watch Rating;

  • (vv) Engine-room Rating;

  • (ww) Ship’s Cook;

  • (xx) Compass Adjuster;

  • (yy) Offshore Installation Manager, MOU/surface;

  • (zz) Offshore Installation Manager, MOU/self-elevating;

  • (aaa) Barge Supervisor, MOU/surface;

  • (bbb) Barge Supervisor, MOU/self-elevating;

  • (ccc) Maintenance Supervisor, MOU/surface;

  • (ddd) Maintenance Supervisor, MOU/self-elevating; and

  • (eee) Ballast Control Operator.

Order of Priorities for Certificates

 The certificates referred to in paragraphs 100(u) to (ff) and (vv) are ranked as follows, with a higher ranking certificate entitling its holder to all of the rights and privileges of the holder of any lower ranking certificate:

  • (a) the certificates referred to in paragraphs 100(u), (w), (y), (aa), (cc), (dd) and (vv) rank from highest to lowest;

  • (b) the certificates referred to in paragraphs 100(v), (x), (z), (bb) and (vv) rank from highest to lowest; and

  • (c) the certificates referred to in paragraphs 100(ee) and (ff) rank from highest to lowest.

Endorsements

  •  (1) The Minister may issue the following endorsements:

    • (a) Oil and Chemical Tanker Familiarization;

    • (b) Liquefied Gas Tanker Familiarization;

    • (c) Specialized Oil Tanker Training;

    • (d) Specialized Chemical Tanker Training;

    • (e) Specialized Liquefied Gas Tanker Training;

    • (f) Passenger Safety Management;

    • (g) Specialized Passenger Safety Management (Ro-Ro Vessels);

    • (h) Proficiency in Fast Rescue Boats;

    • (i) Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats;

    • (j) Chief Engineer, Motor Ship;

    • (k) Chief Engineer, Steamship;

    • (l) Second Engineer, Motor Ship;

    • (m) Second Engineer, Steamship;

    • (n) Fore and Aft Sailing Vessel, Unlimited;

    • (o) Square Rig Sailing Vessel, Unlimited;

    • (p) Fore and Aft Sailing Vessel, Seasonal (April 15 to November 1);

    • (q) Square Rig Sailing Vessel, Seasonal (April 15 to November 1);

    • (r) Limited, Contiguous Waters Voyage, in respect of the following certificates of competency:

      • (i) Master 500 Gross Tonnage, Domestic,

      • (ii) Master 150 Gross Tonnage, Domestic,

      • (iii) Chief Mate 500 Gross Tonnage, Domestic, and

      • (iv) Chief Mate 150 Gross Tonnage, Domestic; and

    • (s) Passenger Submersible Craft.

  • (2) The Minister shall issue an endorsement only in relation to a certificate of competency that the Minister has issued.

Period of Validity of Training Courses for a New Certificate or Endorsement

  •  (1) Subject to subsections (2) and (4), a certificate or an endorsement in respect of which successful completion of a training course in any of the following subject-matters is required may only be issued if the course was successfully completed within the 5 years before the application date for issuance of the certificate or endorsement:

    • (a) marine emergency duties;

    • (b) simulated electronic navigation; and

    • (c) propulsive plant simulation.

  • (2) If an applicant has successfully completed a course referred to in subsection (1) more than 5 years before the application date for issuance of the certificate or endorsement, then the following course equivalency shall be accepted:

    • (a) a training testimonial indicating that they have successfully completed a refresher training course in that subject within the 5 years before the application date for issuance of the certificate or endorsement;

    • (b) at least 12 months of service on board one or more vessels, performing deck or engine-room duties, as applicable, within the 5 years before the application date for issuance of the certificate or endorsement, supported, in the case of a training course in marine emergency duties, by a testimonial attesting to competent participation in emergency drills; or

    • (c) at least 3 months of service on board one or more vessels, performing deck or engine-room duties, as applicable, in the 12-month period before the application date for issuance of the certificate or endorsement, supported, in the case of a training course in marine emergency duties, by a testimonial attesting to competent participation in emergency drills.

  • (3) The successful completion of a course that was taken for the purpose of obtaining a certificate of competency or an endorsement remains valid for life once that certificate or endorsement has been obtained, except in the case of the following courses:

    • (a) a course referred to in subsection (1);

    • (b) a first aid course;

    • (c) a course with respect to tankers; and

    • (d) a course with respect to passenger-carrying vessels.

  • (4) A course in marine emergency duties listed in any of the tables to sections 123 to 182 and Schedule 1 to this Part setting out the requirements applicable to the various certificates of competency and endorsements may be substituted by a course identified in TP 4957 as being equivalent if that course was successfully completed before this section comes into force.

Exchanges or Renewals of Certificates and Endorsements

 Except in the cases set out in section 105, the holder of a Master, a Mate or an Engineer certificate that was issued before the day on which this section comes into force, that has not been renewed under these Regulations and that is set out in column 1 of Schedule 1 to this Part may obtain, in order to continue to have a certificate that is valid for use at sea and at the latest on the date of the expiry of the certificate, on application, an exchange of that certificate for one of the corresponding certificates set out in column 3 having, where applicable, the endorsement and limitation set out in column 4 of that item, and for that purpose the holder shall meet the requirements set out in column 2 of that item or paragraph, if any, and the requirements of section 106 or 107, as the case may be.

 An applicant who holds any one of the certificates referred to in column 1 of paragraphs 10(e), 22(b), 24(e), 25(b), 26(b) and 27(b), items 28 to 33, paragraphs 38(a) or (b), 39(a) or (b) and items 40 and 41 of Schedule 1 to this Part may, in order to continue to have a certificate that is valid for use at sea, obtain, on application, a renewal of the certificate, subject to any limitations mentioned on the certificate after its renewal or that are set out in column 1 of the corresponding item or paragraph, if the applicant meets the requirements set out in column 2, if any, and the requirements of section 106 or 107, as the case may be.

  •  (1) An applicant for the renewal of a certificate referred to in any of paragraphs 100(a) to (t), (yy) to (bbb) and (eee) or that has been renewed under section 105 shall meet one of the following requirements:

    • (a) acquire the service set out in subsection (2);

    • (b) provide the examiner with a training testimonial indicating that they have successfully completed, within the 5 years before the application date for renewal, a refresher training course in marine emergency duties at the level applicable to the certificate sought to be renewed, and have passed, within that same period,

      • (i) in the case of a certificate referred to in paragraph 100(h) or (o), a practical and oral examination on general seamanship applicable to the vessel in respect of which renewal of the certificate is sought, in accordance with the vessel’s gross tonnage, and

      • (ii) in the case of any other certificate, a written examination on navigation safety and an oral examination on general seamanship; or

    • (c) provide the examiner with training testimonials indicating that they have successfully completed, within the 5 years before the application date for renewal, the following courses at the level applicable to the certificate sought:

      • (i) ship management, and

      • (ii) refresher training course in marine emergency duties.

  • (2) An applicant who chooses to meet the requirements of paragraph (1)(a) shall acquire the following service:

    • (a) subject to subsection (3), at least 12 months of sea service on board one or more vessels as a master or mate in charge of the deck watch or on board one or more MOUs as an offshore installation manager, a barge supervisor or a ballast control operator acquired within the 5 years before the application date for renewal of the certificate;

    • (b) subject to subsection (3), at least 3 months of sea service on board one or more vessels as a master, mate or supernumerary mate performing watchkeeping duties, or on board one or more MOUs as an offshore installation manager, a barge supervisor or a ballast control operator acquired within the 12 months immediately before the application date for renewal of the certificate;

    • (c) at least 24 months of service, within the 5 years before the application date for renewal of the certificate, performing duties in any of the following marine-related positions:

      • (i) a shore captain, marine superintendent or operations manager while employed by the authorized representative of a vessel,

      • (ii) a licensed ship’s pilot assigned to pilotage duties or an operations manager employed by a pilotage authority,

      • (iii) a marine surveyor or marine inspector performing duties relating to the survey or inspection of vessels or vessels’ equipment or cargoes,

      • (iv) a harbour master, dock master, berth master, deputy harbour master, deputy dock master or deputy berth master,

      • (v) a watchkeeper or supervisor of port operations, vessel traffic services or a search and rescue centre,

      • (vi) a hydrographic surveyor,

      • (vii) an instructor or training officer in nautical subjects, employed at a recognized institution or by an authorized representative,

      • (viii) an examiner of masters and mates,

      • (ix) a casualty investigator engaged in investigating marine casualties,

      • (x) a person engaged in marine emergency response planning or vessel’s operations, or

      • (xi) an officer or representative of a trade union, as defined in the Canada Labour Code, whose duties include

        • (A) involvement in marine casualty investigations,

        • (B) liaising with or providing assistance to government bodies such as the Department of Transport and the Transportation Safety Board of Canada, and

        • (C) participating in the development of policy with respect to the training of ship’s officers; or

    • (d) an equivalent prorated combination of the requirements set out in paragraphs (a) to (c).

  • (3) In the case of a certificate referred to in paragraph 100(h) or (o), the sea service must be acquired on board the vessel or vessels for which it is valid and in the area of operation specified on the certificate.

  •  (1) An applicant for the renewal of an Engineer certificate referred to in any of paragraphs 100(u) to (dd), (ccc) and (ddd) shall meet one of the following requirements:

    • (a) acquire the service set out in subsection (3);

    • (b) provide the examiner with a training testimonial indicating that they have successfully completed, within the 5 years before the application date for renewal, a refresher training course in marine emergency duties at the level applicable to the certificate sought, pass within that same period a written or oral examination on general engineering knowledge and at any time, have successfully completed a course in propulsive plant simulation at the level applicable to the certificate sought; or

    • (c) provide the examiner with a training testimonial indicating that they have successfully completed, within the 5 years before the application date for renewal, a refresher training course in marine emergency duties at the level applicable to the certificate sought, have successfully completed at any time a course in propulsive plant simulation at the level applicable to the certificate sought and, in addition, have successfully completed within the 5 years before the application date for renewal, a training course in

      • (i) automation, control and instrumentation, or

      • (ii) marine power systems.

  • (2) An applicant referred to in subsection (1), other than an applicant for the renewal of the certificate referred to in paragraph 100(dd), who has acquired at least three years of service on board a specific vessel or a sister vessel, within the 5 years before the application date for renewal of the certificate, is not required to provide a training certificate in propulsive plant simulation, but, without providing that training certificate, the applicant’s renewed certificate is restricted to that vessel or sister vessel and the areas in which that vessel or sister vessel operated during that period of service.

  • (3) An applicant who chooses to meet the requirements of paragraph (1)(a) shall acquire the following service:

    • (a) at least 12 months of sea service as an engineer officer on one or more vessels within the 5 years before the application date for renewal of the certificate;

    • (b) at least 3 months of sea service as an engineer officer on one or more vessels within the 12 months before the application date for renewal of the certificate;

    • (c) at least 24 months of service, within the 5 years before the application date for renewal of the certificate, performing functions in any of the following marine-related positions:

      • (i) marine engineer superintendent or operating engineer manager, while employed by an authorized representative,

      • (ii) marine surveyor or marine inspector performing duties relating to the survey or inspection of vessels or vessel’s machinery, equipment or cargoes,

      • (iii) instructor or training officer in marine engineering subjects, while employed at a recognized institution or by an authorized representative,

      • (iv) examiner of engineers,

      • (v) casualty investigator engaged in investigating marine casualties,

      • (vi) person engaged in marine emergency response planning or vessel’s operations, or

      • (vii) an officer or representative of a trade union as defined in the Canada Labour Code whose duties include

        • (A) involvement in marine casualty investigations,

        • (B) liaising with or providing assistance to government bodies such as the Department of Transport and the Transportation Safety Board of Canada, and

        • (C) participating in the development of policy with respect to the training of ship’s officers; or

    • (d) an equivalent prorated combination of the requirements set out in paragraphs (a) to (c).

 
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