Marine Personnel Regulations (SOR/2007-115)

• 107 (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).

108 An applicant for the renewal of a certificate referred to in any of paragraphs 100(nn) to (qq) issued under these Regulations or an equivalent supervisor of transfer operations certificate issued under the Marine Certification Regulations shall provide the examiner with a training certificate in marine emergency duties with respect to STCW basic safety and shall

• (a) have acquired at least 3 months of service within the 5 years before the application date for renewal of the certificate, which service shall include duties relating to oil, chemical or liquefied gas transfer operations relating to the certificate sought and, if the applicant is the holder of a Supervisor of an Oil Transfer Operation in Arctic Waters (North of 60° N) certificate, provide the examiner with a testimonial of the applicant’s completion, within the 5 years before that date, of at least three transfers in waters north of 60° N; or

• (b) provide the examiner with a training certificate obtained within the 5 years before the application date for renewal of the certificate, with respect to a course in supervision of an oil transfer operation, supervision of a chemical transfer operation or specialized liquefied gas tanker safety relating to the certificate sought.

• 109 (1) An applicant for renewal of the certificate referred to in paragraph 100(jj) or the endorsement referred to in paragraph 102(f) shall provide the examiner with

  • (a) a training testimonial indicating that, within the 5 years before the application date for renewal, they have successfully completed a refresher training course in passenger safety management; or

  • (b) testimonial of at least 3 months of service, within the 5 years before the application date for renewal, on one or more passenger-carrying vessels, attesting to competent participation in emergency drills.

• (2) An applicant for renewal of the certificate referred to in paragraph 100(kk) or the endorsement referred to in paragraph 102(g) shall provide the examiner with

  • (a) a training testimonial indicating that, within the 5 years before the application date for renewal, they have successfully completed a refresher training course in specialized passenger safety management (ro-ro vessels); or

  • (b) testimonial of at least 3 months of service, within the 5 years before the application date for renewal, on one or more ro-ro vessels that are passenger-carrying vessels, attesting to competent participation in emergency drills.

Application for Examination and Eligibility

• 110 (1) Unless otherwise indicated in these Regulations, an applicant for a certificate of competency or an endorsement issued under these Regulations shall

  • (a) be at least 18 years of age on the day on which they receive the certificate or endorsement; and

  • (b) have started to acquire the sea service required to obtain the certificate or endorsement after having reached 16 years of age or, in the case of service acquired on a fishing vessel in respect of an application for a fishing certificate, 15 years of age.

• (2) An applicant shall provide the following to the examiner, at least two weeks before the first of the examinations referred to in these Regulations that the applicant seeks to take:

  • (a) a signed application containing the information and declarations set out in Schedule 2 to this Part;

  • (b) the applicant’s birth certificate or equivalent;

  • (c) all of the discharge books and any certificates of discharge in respect of the qualifying service required for the certificate or endorsement sought;

  • (d) any testimonials, containing the required signatures and at least the information set out in Schedule 4 or 5 to this Part, as the case may be, in respect of the sea service required for the certificate or endorsement sought; and

  • (e) any pertinent certificate held by the applicant, including certificates issued by an Administration, other than the Minister, recognized by the IMO as being compliant with the STCW Convention.

• (3) An application made under these Regulations for an examination in respect of the issuance, exchange or renewal of a certificate of competency or an endorsement remains valid for a period of 1 year after the day on which the examiner receives the application.

• (4) An applicant who, as part of an approved training program, is required to maintain and complete a training record book while on board a vessel shall, in order to have that training recognized, present to the examiner the completed book, evaluated as being satisfactory by the recognized institution responsible for that program.

• (5) An applicant, in order to be eligible for an examination, shall pay the applicable fees set out in column 2 of the table to subsection 121(1) each time the applicant takes the examination.

111 Before a certificate of competency or an endorsement is issued to an applicant, the applicant shall provide the examiner with

• (a) proof that the applicant is a qualified person; and

• (b) except if the applicant is applying for a certificate of competency referred to in section 131 that is valid in respect of a vessel that is not a passenger-carrying vessel or in section 138, 143, 151 or 174, either a medical certificate or a provisional medical certificate that is in effect and that was issued in respect of the applicant in accordance with Division 8 of Part 2 attesting to the applicant’s fitness to

  • (i) perform the duties to which the certificate of competency or endorsement relates, and

  • (ii) make the voyages that the certificate of competency or endorsement authorizes.

Examinations

• 112 (1) The examiner shall ensure that an applicant follows the examination procedures established by TP 2293 to ensure that examinations are conducted properly and that standards of objective evaluation, fairness, merit and equity are upheld.

• (2) An applicant who does not follow the procedures referred to in subsection (1) automatically fails the examination.

• 113 (1) A passing grade obtained in any of the following examinations remains valid for 5 years after the date of the examination:

  • (a) an examination taken for the purpose of obtaining a Master, a Mate, an Able Seafarer or a Bridge Watch Rating certificate; and

  • (b) one of the following engineering examinations when taken for the purpose of obtaining an Engineer certificate:

    • (i) general engineering knowledge,

    • (ii) engineering knowledge of motor vessels, or

    • (iii) engineering knowledge of steamships.

• (2) A passing grade obtained in an engineering examination taken for the purpose of obtaining an Engineer certificate, other than an examination referred to in paragraph (1)(b), remains valid for life.

• (3) A passing grade in an examination remains valid for life after the certificate of competency or endorsement, in respect of which the examination was taken, is obtained or renewed.

Approved Training

114 The Minister, on the recommendation of an examiner, shall approve a training program or a training course as an approved training program or approved training course, as the case may be, if it meets the standards respecting the training and assessment of seafarers that are applicable to the training to be provided and assessment to be performed, as set out in the Quality Management Manual — Marine Personnel Standards and Pilotage, in the chapter entitled Approval of Marine Training Courses and Programs, dated July 30, 2001, as amended in June 2007, established in accordance with Regulation I/8 of the STCW Convention and published by the Department of Transport.

Computation of Qualifying Service

• 115 (1) For the purpose of calculating sea service, 8 hours of service equals one day of sea service.

• (2) Service for watches of other than 8 hours in a calendar day shall be prorated to a maximum of 12 hours for that day based on a 12-hour watch equalling one and one-half days of sea service except for applicants registered in an approved cadet training program whose sea service shall be calculated on the basis of any amount of service in one calendar day equalling one day of service.

• (3) In calculating the number of months of qualifying service, the total number of days of credited sea service shall be divided by 30.

116 Unless otherwise specified in these Regulations, service on board an MOU or any other vessel, including a vessel engaged in commercial activities other than the carriage of passengers or the handling of cargo, shall be assessed as qualifying service in accordance with Chapter 3 of TP 2293.

117 Sea service acquired as a junior officer to a mate in charge of the deck watch shall be credited at the ratio of two thirds of a day of sea service for every day of actual sea service, taking into consideration the limitations set out in section 115, up to a maximum of 9 months, for the purpose of obtaining any Master or Mate certificate.

118 If an applicant deserts a vessel after making an agreement with the crew undertaking to serve on that vessel, any sea service performed by the applicant on that vessel before the applicant’s desertion is not recognized in the computation of sea service for the purpose of obtaining any certificate or endorsement.

Direct Examination

• 119 (1) A qualified person who wishes to obtain a certificate issued under these Regulations and who is the holder of one of the following documents may apply for an examiner to assess their qualifications against the requirements of these Regulations for the purpose of obtaining a certificate of an equivalent or lower rank:

  • (a) a certificate issued under the STCW Convention, valid for use at sea without restrictions as to tonnage or class of voyage, issued by an Administration recognized by the IMO as being STCW compliant;

  • (b) a certificate of service issued by the Minister;

  • (c) a qualification issued by the Department of National Defence, including but not limited to deck and engineering qualifications; or

  • (d) a Canadian Coast Guard Watchkeeping or Command certificate.

• (2) The examiner shall assess the applicant’s qualifications against the requirements of these Regulations by adhering to the evaluation procedures and criteria set out in TP 2293 that are specified as being applicable to the applicant’s situation.