Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Able Seaman Convention

  Able Seaman Convention, in respect of an able seaman or an efficient deckhand, means the Certification of Able Seamen Convention, 1946. (Convention-Matelot qualifié)

  Act

  Act means the Canada Shipping Act. (Loi)

  assistant engineer

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

  chemical tanker

  chemical tanker means a ship constructed and used for the carriage in bulk of any chemical listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the International Maritime Organization, as amended from time to time. (transporteur de produits chimiques)

  complement

  complement means the persons, including the master, who comprise the crew of a ship. (effectif)

  dynamically positioned

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

  engineer

  engineer means any person who is in charge of the machinery of a ship whether or not the person holds an engineer certificate. (officier mécanicien)

  engine-room assistant

  engine-room assistant means a rating who is engaged as the assistant to an engineer. (adjoint de la salle des machines)

  engine-room rating

  engine-room rating means a rating who forms part of a watch in the engine room, but does not include

  • (a) an engine-room assistant;

  • (b) a rating who is in training; or

  • (c) a rating whose duties while on watch are of an unskilled nature. (matelot de la salle des machines)

  fishing voyage, Class I

  fishing voyage, Class I means a voyage in the course of which a fishing vessel may proceed anywhere in the world. (voyage de pêche, classe I)

  fishing voyage, Class II

  fishing voyage, Class II means a voyage in the course of which a fishing vessel may proceed anywhere within the area around North America bounded by the meridians of longitude 30°00′W and 180°00′W and north of the parallel of latitude 6°00′N. (voyage de pêche, classe II)

  fishing voyage, Class III

  fishing voyage, Class III means a voyage in the course of which a fishing vessel may proceed anywhere in the coastal waters of North America that is within 200 miles of the shore or within the waters of the continental shelf, whichever distance is farther. (voyage de pêche, classe III)

  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 Montreal in the Province of Quebec. (bassin des Grands Lacs)

  intermediate voyage

  intermediate voyage means a voyage, not being a local voyage or minor waters voyage, that is within the area bounded by the meridians of longitude 180°00′W and 30°00′W and the parallel of latitude 6°00′N. (voyage intermédiaire)

  intermediate-run ferry

  intermediate-run ferry means a ship that operates in waters of home-trade voyages or inland voyages, between terminals that are not more than seven miles apart. (traversier parcourant des distances intermédiaires)

  liquefied gas tanker

  liquefied gas tanker means a ship constructed and used for the carriage in bulk of any liquefied gas listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization, as amended from time to time. (transporteur de gaz liquéfié)

  local voyage

  local voyage means a voyage, other than a minor waters voyage, that is between places that are no further south than the port of New York, New York or Portland, Oregon and

  • (a) is on any lake, river, harbour or canal in North America; or

  • (b) does not extend farther than 200 miles from the shore or beyond the continental shelf, whichever is farther. (voyage local)

  mate

  mate, in respect of a ship, means a person, other than the master, a pilot or a rating, who has charge of the navigation, manoeuvring, operation or security of the ship. (officier de pont)

  MF coverage area

  MF coverage area has the meaning assigned in section 2 of the Ship Station Radio Regulations. (zones MF)

  MODU

  MODU means a mobile offshore unit that is designed or fitted for drilling operations beneath the seabed for the exploration for, or exploitation of, resources such as liquid or gaseous hydrocarbons, sulphur or salt. (UMFM)

  motor ship

  motor ship means a ship the propulsive power of which is derived from an internal combustion engine. (navire à moteur)

  muster list

  muster list means the muster list prepared for a ship pursuant to the Boat and Fire Drill Regulations. (rôle d’appel)

  oil tanker

  oil tanker means a cargo ship constructed and used for the carriage of petroleum or petroleum products in bulk. (pétrolier)

  partially smooth waters

  partially smooth waters means minor waters of Canada, and waters of a home-trade voyage, Class IV within the meaning of the Home-Trade, Inland and Minor Waters Voyages Regulations. (eaux partiellement calmes)

  person in charge of the deck watch

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

  propulsive power

  propulsive power means the power in kilowatts that is specified on a ship’s certificate of registry. (puissance de propulsion)

  radio inspector

  radio inspector means a person authorized by the Minister pursuant to section 345 of the Act to carry out radio inspections. (inspecteur de radio)

  radio watch

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

  rating

  rating means a person who is a member of a ship’s crew other than the master or an officer. (matelot)

  recognized institution

  recognized institution means a training institution designated by the Minister as having the facilities necessary to enable an applicant to obtain a certificate referred to in these Regulations, taking into account the established practices and requirements of the domestic and international marine industry. (établissement reconnu)

  sea area A1

  sea area A1, sea area A2, sea area A3 and sea area A4 have the meanings assigned in Chapter IV of the Safety Convention. (zone océanique A1, zone océanique A2, zone océanique A3 et zone océanique A4)

  seafarer

  seafarer means a person who

  • (a) applies for a certificate under the Marine Certification Regulations; or

  • (b) is employed or is to be employed in any capacity on a ship. (navigant)

  second engineer

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

  short-run ferry

  short-run ferry means a ship that operates in partially smooth waters between terminals that are not more than two miles apart and are in line of sight or nearly in line of sight. (traversier parcourant de courtes distances)

  small fishing vessel

  small fishing vessel means a fishing vessel to which the Small Fishing Vessel Inspection Regulations apply. (petit bateau de pêche)

  STCW

  STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995. (Convention STCW)

  STCW Code

  STCW Code means the Seafarers’ Training, Certification and Watchkeeping Code of July 7, 1995. (Code STCW)

  steamship

  steamship means a ship the propulsive power of which is derived from boilers and steam engines. (navire à vapeur)

  survival craft

  survival craft has the meaning assigned in section 2 of the Life Saving Equipment Regulations. (bateau de sauvetage)

  tons

  tons means tons in gross tonnage. (tonneaux)

  tow-boat

  tow-boat means a ship used exclusively in towing another ship or floating object astern or alongside or in pushing another ship or floating object ahead. (bâtiment remorqueur)

  TP

  TP means a standard issued by the Department of Transport, as amended from time to time. (TP)

  VHF coverage area

  VHF coverage area has the meaning assigned in section 2 of the Ship Station Radio Regulations. (zones VHF)

  watch

  watch, in respect of a ship, means

  • (a) that part of the complement that is required for the purpose of attending to the navigation or security of the ship; and

  • (b) the period during which a member of the complement 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 a mate or a rating, or

    • (ii) in the machinery space, in the case of a chief engineer, engineer, assistant engineer, engine-room assistant or engine-room rating. (quart ou veille)

  watchkeeping system

  watchkeeping system means a system in which the hours of work of watchkeeping persons are such as to ensure regular and systematic surveillance of the ship’s operation. (régime de quart)

  waters under Canadian jurisdiction

  waters under Canadian jurisdiction means

  • (a) Canadian waters;

  • (b) fishing zones described in section 16 of the Oceans Act and prescribed under paragraph 25(b) of that Act; and

  • (c) shipping safety control zones prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act. (eaux de compétence canadienne)

• (2) In these Regulations, home-trade voyage, inland voyage and minor waters voyage have the meanings assigned in the Home-Trade, Inland and Minor Waters Voyages Regulations.

• (3) For the purposes of these Regulations,

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

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

  • (c) the expression in section 65 of section A-VIII/2 of the STCW Code “except where an Administration has determined that” shall be read as “unless”.

Application

• 2 (1) These Regulations apply in respect of

  • (a) Canadian ships, other than ships that are laid up; and

  • (b) ships that are not Canadian ships, when those ships are in waters under Canadian jurisdiction.

• (2) The ships referred to in subsection (1) include

  • (a) MODUs that are engaged on a voyage; and

  • (b) self-elevating MODUs and surface MODUs that are not on station and drilling.

• 2.1 (1) Division 8 of Part 1 applies to a seafarer who

  • (a) is required by these Regulations to hold a certificate issued under the Marine Certification Regulations and whose most recent certificate is issued under those Regulations;

  • (b) is employed in any capacity for which a certificate is required by these Regulations and whose certificate was issued before July 30, 1997 under one of the following regulations:

    • (i) the Certification of Able Seamen Regulations, C.R.C., c. 1411,

    • (ii) the Certification of Lifeboat Men Regulations, C.R.C., c. 1412,

    • (iii) the Certification of Ships’ Cooks Regulations, Part I, C.R.C., c. 1413,

    • (iv) the Marine Engineer Examination Regulations, C.R.C., c. 1443, and

    • (v) the Masters and Mates Examination Regulations, C.R.C., c. 1446;

  • (c) is not required to hold a certificate issued under the Marine Certification Regulations and is employed on a ship of 25 tons or more that is

    • (i) a fishing vessel engaged on a fishing voyage, Class I, or a fishing voyage, Class II, or

    • (ii) a ship that is not a fishing vessel and is engaged on a foreign voyage, a home-trade voyage, Class I, a home-trade voyage, Class II, a home-trade voyage, Class III or an inland voyage; or

  • (d) is not required to hold a certificate issued under the Marine Certification Regulations and is employed on a ship engaged on international voyages.

• (2) Division 8 does not apply to a seafarer who is not required to hold a certificate issued under the Marine Certification Regulations and is

  • (a) a pilot who is not a member of the complement;

  • (b) a person employed in a port who is not ordinarily employed at sea; or

  • (c) a person who is not employed in the navigation of the ship, is not given specific responsibilities affecting the safety of the ship or of other persons on the ship’s muster list or similar emergency plan and

    • (i) is employed solely in connection with the construction, alteration, repair or testing of the ship or its machinery or equipment,

    • (ii) is employed solely in work directly related to the exploration or development of the seabed and its natural resources, or

    • (iii) is not employed by the owner or person employing the master of the ship.

Prohibition

2.2 No ship of any class shall navigate in waters under Canadian jurisdiction unless the ship complies with these Regulations.

PART 1Requirements for Canadian Ships

DIVISION 1Issuance, Validity And Inspection Of Certificates

General

• 3 (1) A certificate required under this Part, other than a medical certificate issued under Division 8 or a radio operator’s certificate, shall be

  • (a) issued under

    • (i) the Marine Certification Regulations, or

    • (ii) where the certificate was issued before July 30, 1997, issued under one of the following Regulations:

      • (A) the Certification of Able Seamen Regulations, C.R.C., c. 1411,

      • (B) the Certification of Lifeboat Men Regulations, C.R.C., c. 1412,

      • (C) the Certification of Ships’ Cooks Regulations, Part I, C.R.C., c. 1413,

      • (D) the Marine Engineer Examination Regulations, C.R.C., c. 1443, and

      • (E) the Masters and Mates Examination Regulations, C.R.C., c. 1446;

  • (b) subject to subsection (2), in the case of a master, mate or engineer certificate, valid for use at sea for a period not exceeding five years following the later of

    • (i) its date of issue, and

    • (ii) the date of issue of any continued proficiency certificate that accompanies the certificate;

  • (b.1) subject to subsection (2), in the case of each of the following certificates, valid for a period not exceeding five years following its date of issue:

    • (i) oil tanker, level 1,

    • (ii) oil tanker, level 2,

    • (iii) chemical tanker, level 1,

    • (iv) chemical tanker, level 2,

    • (v) liquefied gas tanker, level 1,

    • (vi) liquefied gas tanker, level 2,

    • (vii) ro-ro passenger, level 1, and

    • (viii) ro-ro passenger, level 2; and

  • (c) in the case of a master, mate or engineer certificate, endorsed as meeting the requirements of the STCW, except where the certificate is

    • (i) a certificate valid only on fishing vessels,

    • (ii) a certificate valid only within the minor waters of Canada,

    • (iii) a certificate of service as master of a ship of not more than 1 600 tons, gross tonnage,

    • (iv) a restricted engineer, motor ship certificate,

    • (v) a certificate as master, limited or first mate, limited, or

    • (vi) a certificate valid only on a MODU.

• (2) Where the expiration of the five-year validity period of a certificate falls during a voyage, the certificate continues to be valid for use at sea until the earlier of

  • (a) the end of the voyage, and

  • (b) three months after the expiration of the five-year validity period.

Validity

4 To remain valid for use at sea, a certificate referred to in any of paragraphs 2(a) to (k), (n) to (z.9), (z.15) and (z.16) of the Marine Certification Regulations must be accompanied by a corresponding continued proficiency certificate after the expiration of a period of five years beginning on the date on which it is issued.

• 5 (1) Any certificate that was issued before June 1, 1992 under the Marine Engineer Examination Regulations or the Masters and Mates Examination Regulations remains valid for use at sea until July 30, 1999, after which date the certificate is valid only if it is accompanied by a corresponding continued proficiency certificate.

• (2) Any certificate that was issued during the five years before July 30, 1997 under the Marine Engineer Examination Regulations or the Masters and Mates Examination Regulations remains valid for use at sea for five years after the date of its issuance, after which the certificate is valid only if it is accompanied by a corresponding continued proficiency certificate.

6 The validity of a certificate for use at sea is limited by

• (a) the most recent continued proficiency certificate that accompanies it, in the case of a certificate referred to in any of paragraphs 2(a) to (k), (n) to (z.9), (z.15) and (z.16) of the Marine Certification Regulations;

• (b) the most recent medical certificate issued under Division 8 to the holder of the certificate; and

• (c) any restrictions stated on the certificate, endorsement or medical certificate.

• 7 (1) A certificate of service as master of a ship of not more than 1 600 tons, gross tonnage, is valid only off the east coast of Canada between Cape Chidley and St. Andrews, New Brunswick, on the following ships:

  • (a) cargo ships engaged on voyages that do not go beyond home-trade voyages, Class II; and

  • (b) passenger ships engaged on voyages that do not go beyond home-trade voyages, Class III.

• (2) A certificate as master, limited or first mate, limited is valid for a period of five years beginning on the date on which it is issued and only

  • (a) within the voyage area specified on the certificate;

  • (b) on the ship specified on the certificate; and

  • (c) where the ship is not a pleasure craft and is engaged on

    • (i) a voyage that does not go beyond the minor waters of Canada,

    • (ii) a voyage within a harbour, port, bay, inlet or similar sheltered waters off the coast of Canada, or

    • (iii) in the case of a ship of not more than 60 tons, a limited voyage off the coast of Canada.

8 A restricted engineer, motor ship certificate is valid for a period of five years beginning on the date on which it is issued, and is valid only with respect to the voyage and ship that are specified in the certificate.

9 A certificate required by these Regulations to be held by a person who is employed on a MODU is valid within the area of operation and under the operating conditions of the MODU.

10 A restricted proficiency in survival craft certificate is valid only with respect to the ship that is specified in the certificate.

Inspection of Certificates and Endorsements

11 The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the certificates and endorsements required by these Regulations are kept readily available on board the ship for inspection by a steamship inspector.

DIVISION 2Hours Of Rest

Application

12 This Division does not apply in respect of

• (a) pleasure craft; or

• (b) fishing vessels of less than 100 tons.

General

• 13 (1) The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the complement on board is sufficient in number and organized efficiently in a watchkeeping system and work system that meet the requirements of these Regulations.

• (2) The master of a ship or, in the case of a MODU to which Division 6 applies, the offshore installation manager shall ensure that the master or offshore installation manager and each member of the complement have

  • (a) a period of rest of not less than six consecutive hours in every 24-hour period; and

  • (b) at least 16 hours of rest in every 48-hour period.

• (3) Not more than 18 hours and not less than six hours shall elapse between the end of a period of rest and the beginning of the next period of rest.

Prior Employment

14 Where a person employed on a ship was, immediately prior to that employment, employed by the same employer in any capacity on a ship or on shore, the last day of the prior employment shall be counted as employment on the ship for the purposes of section 13.

Emergency Duty

15 Where a member of the complement is, during the member’s period of rest, required to attend to an emergency or participate in an emergency drill, the time so spent shall be counted as part of the period of rest for the purposes of section 13.

DIVISION 3Life Saving

Application

16 This Division does not apply in respect of pleasure craft.

Interpretation

17 The definitions in this section apply in this Division.

Class I

Class I, Class II, Class III and Class IV, in respect of a ship, have the meanings assigned in section 5 of the Life Saving Equipment Regulations. (classe I, classe II, classe III et classe IV)

qualified person

qualified person means a person who holds

• (a) a certificate of proficiency in survival craft that is

  • (i) of unrestricted validity, or

  • (ii) valid for the ship on which the person is employed and for the life saving equipment carried by that ship; or

• (b) a certificate of efficiency as a lifeboat man or a certificate as a lifeboat man qualified in marine emergency duties. (personne qualifiée)

Complement for Emergencies

• 18 (1) The complement of every passenger ship certified to carry 12 passengers or fewer and every cargo ship shall be sufficient in number to carry out simultaneously the following activities:

  • (a) to man and employ the fire extinguishing equipment required by the Fire Detection and Extinguishing Equipment Regulations to fight a fire at any one location on the ship;

  • (b) to operate the ship’s pumping and emergency power system; and

  • (c) to prepare for launching the survival craft carried in accordance with the Life Saving Equipment Regulations.

• (2) The complement of every passenger ship certified to carry more than 12 passengers shall be sufficient in number to carry out simultaneously the following activities:

  • (a) to man and employ the fire extinguishing equipment required by the Fire Detection and Extinguishing Equipment Regulations to fight a fire at any one location on the ship;

  • (b) to operate the ship’s pumping and emergency power system;

  • (c) to prepare for launching the survival craft carried in accordance with the Life Saving Equipment Regulations;

  • (d) to direct and control the passengers who are on board in an emergency; and

  • (e) to provide communication between the person in immediate charge of the ship and the persons directing and controlling the passengers who are on board.

Qualified Persons for Survival Craft — Passenger Ships

19 Every ship of a class set out in column 1 of an item of the table to this section shall have on board and employ, for each lifeboat that is carried on board and has the capacity set out in column 2 of that item, the number of qualified persons set out in column 3 of that item.

• 20 (1) Every Class I, Class II, Class III and Class IV ship shall have on board and employ at least one qualified person for each life raft required to be carried on board by the Life Saving Equipment Regulations.

• (2) Subsection (1) does not apply where the ship is a Class III or a Class IV ship and at least 75 per cent of its complement consists of qualified persons and the remainder of the complement is instructed in the operation of survival craft.

• (3) Every Class I ship and Class II ship shall have on board and employ at least three qualified persons for each rescue boat required to be carried on board by the Life Saving Equipment Regulations.

• (4) Every Class III ship and Class IV ship shall have on board and employ at least two qualified persons for each rescue boat or emergency boat required to be carried on board by the Life Saving Equipment Regulations.

• (5) Every MODU shall have on board and employ at least two qualified persons for each rescue boat or emergency boat that it carries.

• (6) The qualified persons required by subsections (3) to (5) for each rescue boat or emergency boat may be the same persons who are provided for the lifeboats or life rafts.

Training

• 21 (1) Every member of the complement of a ship shall, before the member has completed six months on board ships, obtain a certificate of the member’s successful completion of training, at a recognized institution, in marine emergency duties with respect to basic safety.

• (2) Until July 30, 2000, subsection (1) does not apply to a member of the complement who is not required to hold a certificate or is not assigned to a fire team on the muster list or similar emergency plan.

• (2.1) Until July 30, 2002, subsection (1) does not apply to a member of the complement of a fishing vessel who is not required to hold a certificate if the fishing vessel does not engage on voyages that go beyond the limits of a fishing voyage, Class II.

• (3) Subject to subsection (4), every person assigned to a fire team on the muster list or similar emergency plan, of a Class I, Class II, Class III or Class IV ship shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties, in survival craft and in marine fire fighting.

• (4) If the ship is a Class III ship, a Class IV ship or a ship that is not a passenger ship and engages on voyages within five nautical miles from shore, the person shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties in respect of basic safety.

• 21.1 (1) The owner of a ship shall provide to the master written instructions that set out the policies and procedures to be followed to ensure that the complement of the ship

  • (a) is familiarized with the ship and their duties; and

  • (b) can effectively co-ordinate their activities when performing duties vital to safety or the prevention or mitigation of pollution.

• (2) The master shall ensure that the ship’s complement is trained in and carries out the policies and procedures.

DIVISION 4Radio Watches

Application

22 This Division applies in respect of all ships, including MODUs, that are required to be fitted with a ship station in accordance with the Ship Station Radio Regulations.

General

• 23 (1) Every Safety Convention ship shall comply with Regulation 12 of Chapter IV of the Safety Convention in respect of radio watches.

  • SOR/2002-151, s. 7

• (2) [Repealed, SOR/2002-151, s. 7]

24 Every ship shall comply with the following as they apply to radio watches:

• (a) sections 61 and 62 of the Ship Station Technical Regulations;

• (b) section 8 of the VHF Radiotelephone Practices and Procedures Regulations;

• (c) paragraphs 1 to 3 and 6 of article VII of the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1988, as amended from time to time if

  • (i) the ship is engaged on a voyage in the Great Lakes Basin, and

  • (ii) article V of that Agreement requires the ship to comply; and

• (d) in the case of a Safety Convention ship, Part 3-3 of section A-VIII/2 of the STCW Code.

Composition of a Radio Watch

• 25 (1) Subject to subsection (3), a ship shall have in charge of the radio watch a person who holds, at a minimum, a Restricted Operator Certificate – Maritime Commercial Qualification.

• (2) Subject to subsection (3), a ship that is not a small fishing vessel and is operating in a sea area other than sea area A1 shall have on board and employ

  • (a) a person who holds a First-Class Radioelectronic Certificate; or

  • (b) at least two persons

    • (i) each of whom holds, at a minimum, a General Operator Certificate, and

    • (ii) who, between them, are in charge of at least 16 hours of radio watch in any 24 hour period.

• (3) A ship that is not required to be fitted with radiocommunication equipment capable of digital selective calling or a ship earth station shall have on board and employ, in charge of the radio watch, the persons required by

  • (a) section 65 of the Ship Station Technical Regulations; and

  • (b) if the ship is a Safety Convention ship, the STCW as it read immediately before December 1, 1992.

Principal Communicator

• 26 (1) The master of a ship of 300 tons or more shall assign a member of the crew as principal communicator whose duty is to operate the radiocommunication equipment during an emergency.

• (2) The principal communicator

  • (a) shall be one of the persons referred to in section 25; or

  • (b) where a deck watch on the ship consists of fewer than three persons, may be any member of the crew who is qualified in the use of the radiocommunication equipment.

• (3) Where the duration of an emergency makes the continuous presence of the principal communicator on the bridge unreasonable or unnecessary, the master may

  • (a) relieve the principal communicator of the duty temporarily; and

  • (b) assign any other member of the crew qualified in the use of the radiocommunication equipment to replace the principal communicator.

DIVISION 5Self-Propelled Ships

Application

• 27 (1) Subject to subsection (2), this Division applies in respect of self-propelled ships of more than five tons.

• (2) This Division does not apply in respect of

  • (a) ships that are securely anchored in port or securely moored to shore;

  • (b) MODUs that are stationary and engaged in drilling; or

  • (c) pleasure craft.

Minimum Complement

28 The complement of a ship shall consist of at least the following persons:

• (a) the master;

• (b) the persons required

  • (i) by Division 3 to form part of the life saving team,

  • (ii) by Division 4 to form part of the radio watch,

  • (iii) by section 40 to form part of the deck watch, and

  • (iv) by sections 43 and 44 to be in charge of the engineering watch;

• (c) a person in charge of the machinery of the ship, except where the ship is

  • (i) a tow-boat to which section 33, in respect of engineers, and sections 42 to 44, in respect of engineering watches, do not apply, or

  • (ii) a cargo ship of not more than 15 tons that has a propulsive power of not more than 750 kW and is engaged on

    • (A) a foreign voyage,

    • (B) a home-trade voyage, Class I, a home-trade voyage, Class II or, if it is a voyage of more than 10 nautical miles, a home-trade voyage, Class III, or

    • (C) an inland voyage, Class I or an inland voyage, Class II; and

• (d) where the ship is required by the Fire Detection and Extinguishing Equipment Regulations to be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations.

Masters and Mates

• 29 (1) Subject to subsection (5), every ship that is engaged on a voyage shall have on board and employ

  • (a) a master;

  • (b) in the case of a ship of 200 tons or more or a ship certified to carry more than 50 passengers, a first mate; and

  • (c) a sufficient number of mates to ensure that the deck watch complies with sections 38 to 41.

• (2) Subject to subsections (3) to (5), every person who is employed in the capacity set out in any of columns 1 to 4 of an item of Table 1 to this section on board a ship that is engaged on a voyage referred to in the heading of the column shall hold, at a minimum, the certificate set out in column 5 of that item that is appropriate to the duties of the person on the ship.

• (3) Subject to subsection (5), every person who is employed in the capacity set out in any of columns 1 to 3 of an item of Table 2 to this section on board a fishing vessel that is engaged on a voyage referred to in the heading of the column shall hold, at a minimum, the certificate set out in column 4 of that item that is appropriate to the duties of the person on the fishing vessel.

• (4) Subject to subsection (5), every person who is employed in the capacity set out in column 1 or 2 of an item of Table 3 to this section on board an intermediate-run ferry or a short-run ferry shall hold, at a minimum, the certificate set out in column 3 of that item that is appropriate to the duties of the person on the ferry.

• (5) This section does not apply in respect of

  • (a) a ship that does not carry passengers and is 10 tons or less;

  • (b) a ship that carries at least one passenger and is five tons or less; or

  • (c) a fishing vessel or a ship engaged in transferring to shore the unprocessed catch of a fishing vessel, if the fishing vessel or the ship is

    • (i) until July 30, 1998, 85 tons or less,

    • (ii) after July 30, 1998, 70 tons or less, or

    • (iii) after July 30, 1999, 60 tons or less.

      	Column 1	Column 2	Column 3	Column 4	Column 5
      Item	Person’s Capacity of Employment on an Unrestricted Voyage	Person’s Capacity of Employment on an Intermediate Voyage	Person’s Capacity of Employment on a Local Voyage	Person’s Capacity of Employment on a Minor Waters Voyage	Certificate
      1	master	master	master	master	master mariner
      2	first mate	master	master	master	master, intermediate voyage
      3	second mate	first mate	first mate	first mate	first mate, intermediate voyage
      4	n/a	n/a	master	master	master, local voyage
      5	n/a	n/a	first mate	first mate	first mate, local voyage
      6	mate in charge of the deck watch	first mate of a ship not exceeding 350 tons or a tug, or second mate	first mate of a ship not exceeding 350 tons or a tug, or second mate	first mate of a ship not exceeding 350 tons or a tug, or second mate	watchkeeping mate, ship
      7	n/a	n/a	first mate of a ship not exceeding 350 tons or a tug, or second mate	first mate of a ship not exceeding 350 tons or a tug, or second mate	restricted watchkeeping mate, ship
      8	n/a	n/a	master of a ship not exceeding 350 tons or a tug	master of a ship not exceeding 350 tons or a tug	master, ship of not more than 350 tons, gross tonnage, or tug, local voyage
      9	n/a	n/a	n/a	master	master, limited

      	Column 1	Column 2	Column 3	Column 4
      Item	Person’s Capacity of Employment on a Fishing Voyage, Class I	Person’s Capacity of Employment on a Fishing Voyage, Class II	Person’s Capacity of Employment on a Fishing Voyage, Class III	Certificate
      1	master	master	master	fishing master, first-class
      2	first mate	master	master	fishing master, second-class
      3	second mate	first mate	master	fishing master, third-class
      4	second mate	second mate	master of a vessel not exceeding 100 tons, or first mate	fishing master, fourth-class

      	Column 1	Column 2	Column 3
      Item	Person’s Capacity of Employment on an Intermediate-Run Ferry	Person’s Capacity of Employment on a Short-Run Ferry	Certificate
      1	master	n/a	master, limited certificate for an intermediate-run ferry
      2	first mate	n/a	first mate, limited certificate for an intermediate-run ferry
      3	n/a	master	master, limited certificate for a short-run ferry
      4	n/a	first mate	first mate, limited certificate for a short-run ferry

Engineers

Appropriate Certificate

30 The certificate of an engineer that is appropriate to the type of propulsion of the ship is

• (a) in the case of a motor ship other than a fishing vessel, a certificate of the motor ship category;

• (b) in the case of a steamship, a certificate of the steamship category; and

• (c) in the case of a motor-driven fishing vessel, a certificate of the motor-driven fishing vessel category.

Passenger Ships

• 31 (1) Every passenger ship that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.

• (2) A passenger ship that is a motor ship and has a propulsive power of not more than 750 kW may have on board and employ one engineer who is the holder of, at a minimum, a restricted engineer, motor ship certificate if the ship engages on

  • (a) a home-trade voyage, Class III;

  • (b) a home-trade voyage, Class IV;

  • (c) an inland voyage; or

  • (d) a minor waters voyage.

• (3) A passenger ship that engages on a home-trade voyage, Class II and has a propulsive power of not more than 4 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.

• (4) A passenger ship that has a propulsive power of more than 4 000 kW may, while operating between Canadian ports, have on board and employ

  • (a) one engineer who is the holder of, at a minimum, a first-class engineer certificate in the category appropriate to the type of propulsion of the ship; and

  • (b) one engineer who is the holder of, at a minimum, a third- class engineer certificate in the category appropriate to the type of propulsion of the ship.

    	Column 1	Column 2	Column 3
    Item	Voyage	Propulsive Power in kW	Number of Certificates
    1	foreign	(1) more than 75 but not more than 3 000	(1) 1 second-class engineer
    		(2) more than 3 000	(2) 1 first-class engineer and 1 second-class engineer
    2	home-trade voyage, Class I	(1) more than 75 but not more than 3 000	(1) 1 second-class engineer
    		(2) more than 3 000	(2) 1 first-class engineer and 1 second-class engineer
    3	home-trade voyage, Class II	(1) more than 75 but not more than 1 000	(1) subject to subsection 31(3), 1 third-class engineer
    		(2) more than 1 000 but not more than 3 000	(2) 1 second-class engineer
    		(3) more than 3 000	(3) subject to subsection 31(3), 1 first-class engineer and 1 second-class engineer
    4	home-trade voyage, Class III	(1) more than 75 but not more than 1 000	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 000 but not more than 3 000	(2) 1 second-class engineer
    		(3) more than 3 000	(3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer
    5	inland voyage, Class I	(1) more than 75 but not more than 1 000	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 000 but not more than 4 000	(2) 1 second-class engineer
    		(3) more than 4 000	(3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer
    6	inland voyage, Class II	(1) more than 75 but not more than 1 000	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 000 but not more than 4 000	(2) 1 second-class engineer
    		(3) more than 4 000	(3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer
    7	minor waters voyage, Class I	(1) more than 75 but not more than 1 000	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 000 but not more than 4 000	(2) 1 second-class engineer
    		(3) more than 4 000	(3) subject to subsection 31(4), 1 first-class engineer and 1 second-class engineer
    8	home-trade voyage, Class IV	(1) more than 75 but not more than 1 500	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 500	(2) 1 second-class engineer
    9	minor waters voyage, Class II	(1) more than 75 but not more than 1 500	(1) subject to subsection 31(2), 1 third-class engineer
    		(2) more than 1 500	(2) 1 second-class engineer

Cargo Ships

• 32 (1) Every cargo ship that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.

• (2) A cargo ship that engages on a home-trade voyage, Class II and has a propulsive power of not more than 5 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.

• (3) A cargo ship that engages on a home-trade voyage, Class III and has a propulsive power of not more than 7 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.

  	Column 1	Column 2	Column 3
  Item	Voyage	Propulsive Power in kW	Number of Certificates
  1	foreign	(1) more than 750 but not more than 2 000	(1) 1 chief engineer and 1 second engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) 1 first-class engineer and 1 second-class engineer
  2	home-trade voyage, Class I	(1) more than 750 but not more than 2 000	(1) 1 chief engineer and 1 second engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) 1 first-class engineer and 1 second-class engineer
  3	home-trade voyage, Class II	(1) more than 750 but not more than 2 000	(1) 1 third-class engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) subject to subsection 32(2), 1 first-class engineer and 1 second-class engineer
  4	home-trade voyage, Class III	(1) more than 750 but not more than 2 000	(1) 1 third-class engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) subject to subsection 32(3), 1 first-class engineer and 1 second-class engineer
  5	inland voyage	(1) more than 750 but not more than 2 000	(1) 1 third-class engineer
  		(2) more than 2 000 but not more than 7 000	(2) 1 second-class engineer
  		(3) more than 7 000	(3) 1 first-class engineer and 1 second-class engineer
  6	minor waters voyage, Class I	(1) more than 750 but not more than 2 000	(1) 1 third-class engineer
  		(2) more than 2 000 but not more than 7 000	(2) 1 second-class engineer
  		(3) more than 7 000	(3) 1 first-class engineer and 1 second-class engineer
  7	home-trade voyage, Class IV	(1) more than 750 but not more than 4 000	(1) 1 third-class engineer
  		(2) more than 4 000	(2) 1 second-class engineer
  8	minor waters voyage, Class II	(1) more than 750 but not more than 4 000	(1) 1 third-class engineer
  		(2) more than 4 000	(2) 1 second-class engineer

Tow-boats

• 33 (1) A tow-boat that engages on a voyage of a class set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.

• (2) A tow-boat that engages on a home-trade voyage, Class II and has a propulsive power of not more than 6 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.

• (3) A tow-boat that engages on a home-trade voyage, Class III and has a propulsive power of not more than 4 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a third-class engineer certificate in the category appropriate to the type of propulsion of the ship.

• (4) A tow-boat that engages on a home-trade voyage, Class III and has a propulsive power of more than 4 000 kW but not more than 7 000 kW may, while operating between Canadian ports, have on board and employ one engineer who is the holder of, at a minimum, a second-class engineer certificate in the category appropriate to the type of propulsion of the ship.

  	Column 1	Column 2	Column 3
  Item	Voyage	Propulsive Power in kW	Number of Certificates
  1	foreign	(1) more than 750 but not more than 2 000	(1) 1 chief engineer and 1 second engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) 1 first-class engineer and 1 second-class engineer
  2	home-trade voyage, Class I	(1) more than 750 but not more than 2 000	(1) 1 chief engineer and 1 second engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) 1 first-class engineer and 1 second-class engineer
  3	home-trade voyage, Class II	(1) more than 750 but not more than 2 000	(1) 1 third-class engineer
  		(2) more than 2 000 but not more than 3 000	(2) 1 second-class engineer
  		(3) more than 3 000	(3) subject to subsection 33(2), 1 first-class engineer and 1 second-class engineer
  4	home-trade voyage, Class III	(1) more than 750 but not more than 3 000	(1) 1 third-class engineer
  		(2) more than 3 000	(2) subject to subsections 33(3) and (4), 1 first-class engineer and 1 second-class engineer
  5	minor waters voyage, Class I	(1) more than 750 but not more than 4 000	(1) 1 third-class engineer
  		(2) more than 4 000 but not more than 7 000	(2) 1 second-class engineer
  		(3) more than 7 000	(3) 1 first-class engineer and 1 second-class engineer
  6	inland voyage	(1) more than 750 but not more than 4 000	(1) 1 third-class engineer
  		(2) more than 4 000 but not more than 7 000	(2) 1 second-class engineer
  		(3) more than 7 000	(3) 1 first-class engineer and 1 second-class engineer
  7	minor waters voyage, Class II	(1) more than 1 500 but not more than 5 000	(1) 1 third-class engineer
  		(2) more than 5 000	(2) 1 second-class engineer
  8	home-trade voyage, Class IV	(1) more than 1 500 but not more than 5 000	(1) 1 third-class engineer
  		(2) more than 5 000	(2) 1 second-class engineer

Fishing Vessels

34 Every fishing vessel that is set out in column 1 of an item of the table to this section and has a propulsive power within a range set out in column 2 of that item shall have on board and employ, for each certificate set out in column 3 of that item, one engineer who holds, at a minimum, that certificate in the category appropriate to the type of propulsion of the ship.

Positions of Chief Engineer and Second Engineer

• 35 (1) No person shall act in the capacity of the chief engineer or second engineer of a ship unless

  • (a) the person is the holder of a first-class engineer, second-class engineer or third-class engineer certificate in the category appropriate to the type of propulsion of the ship; or

  • (b) while the ship is at sea on a foreign voyage or a home-trade voyage, Class I, the chief engineer or second engineer dies or becomes incapacitated.

• (2) An engineer who acts in the circumstances referred to in paragraph (1)(b) may act only until the ship reaches the next intended port of call.

Dual Capacity

• 36 (1) No person shall act in the dual capacity of master and engineer on a motor ship that exceeds 20 m in registered length.

• (2) No person shall act in the dual capacity of master and engineer on a motor ship of 20 m or less in registered length unless

  • (a) the person acting in the dual capacity holds a master’s certificate and, where these Regulations require that an engineer’s certificate be held, an engineer’s certificate;

  • (b) the ship’s motor is installed so that

    • (i) it can be controlled from the steering station, and

    • (ii) a person at the steering station may readily detect any defects in the motor and make necessary adjustments to the motor while keeping a navigational lookout; and

  • (c) there is on board, in addition to the person acting in the dual capacity, at least one crew member who is not less than 18 years of age and is able to render such assistance as might be required in an emergency.

• (3) Paragraph (2)(c) does not apply where

  • (a) the route of the ship is such that at no time is rough water, sufficient to cause a casualty, likely to be encountered;

  • (b) in the event of a person going overboard, the person acting in the dual capacity can, single-handed, manoeuvre the ship to effect a prompt rescue;

  • (c) the person acting in the dual capacity can, single-handed, efficiently launch and use survival craft or other appropriate life saving equipment; or

  • (d) in the case of a ferry engaged in a regular passenger service, there is at least one passenger who is competent to pilot the ferry and to render such assistance as might be required in an emergency.

Tankers

• 37 (1) Every master, first mate, chief engineer and second engineer employed on an oil tanker, chemical tanker or liquefied gas tanker shall hold an oil tanker, level 2 certificate, a chemical tanker, level 2 certificate or a liquefied gas tanker, level 2 certificate, as the case may be.

• (2) Every ship that is an oil tanker, chemical tanker or liquefied gas tanker shall have on board and employ, for each function set out in column 1 of an item of the table to this section, one person who holds, at a minimum, the certificate set out in column 2 of that item.

  	Column 1	Column 2
  Item	Function	Certificate
  1	person assigned specific duties in an oil operation	oil tanker, level 1
  2	person assigned specific duties in a chemical operation	chemical tanker, level 1
  3	person assigned specific duties in a liquefied gas operation	liquefied gas tanker, level 1
  4	person in charge of an oil operation	oil tanker, level 2
  5	person in charge of a chemical operation	chemical tanker, level 2
  6	person in charge of a liquefied gas operation	liquefied gas tanker, level 2
  7	assistant to a person referred to in item 1	proficiency in oil tankers
  8	assistant to a person referred to in item 2	proficiency in chemical tankers
  9	assistant to a person referred to in item 3	proficiency in liquefied gas tankers
  10	person in charge of an oil transfer operation or an operation involving the transfer of an oily mixture in Arctic waters north of 60°00′N	supervisor of an oil transfer operation in Arctic waters north of 60°00′N
  11	person in charge of an oil transfer operation or an operation involving the transfer of an oily mixture, other than an operation referred to in item 10	supervisor of an oil transfer operation
  12	person in charge of a chemical transfer operation or an operation involving the transfer of a chemical mixture	supervisor of a chemical transfer operation
  13	person in charge of a liquefied gas transfer operation	supervisor of a liquefied gas transfer operation

Ro-Ro Passenger Ships

• 37.1 (1) Every master, first mate, chief engineer and second engineer employed on a ro-ro passenger ship engaged on an international voyage shall hold a ro-ro passenger, level 2 certificate.

• (2) Every person, other than the persons referred to in subsection (1), employed on a ro-ro passenger ship engaged on an international voyage shall hold a ro-ro passenger, level 1 certificate if their assigned duties include responsibility for

  • (a) assisting passengers in emergency situations;

  • (b) embarking or disembarking passengers;

  • (c) loading, discharging or securing cargo;

  • (d) closing hull openings; or

  • (e) ensuring passenger safety in emergency situations.

Deck Watches

Requirements for Deck Watches

38 Every ship that is not securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.

Composition of the Deck Watch

• 39 (1) The master of a ship shall be on duty as required by the ordinary practice of seamen.

• (2) The master of a ship shall not be counted as a member of the deck watch, unless the ship is

  • (a) securely anchored or moored;

  • (b) 1 000 tons or less; or

  • (c) more than 1 000 tons but less than 3 000 tons and at least three deck watches are established.

• 40 (1) The minimum deck watch required by this section shall be supplemented as required by the ordinary practice of seamen.

• (2) The deck watch on a ship shall consist of at least the following persons:

  • (a) a person in charge of the deck watch who

    • (i) is capable of properly operating the navigational and radio equipment with which the ship is fitted,

    • (ii) where the ship is more than 100 tons, holds a radio operator’s certificate that is appropriate for the class of ship and the area in which the ship operates, in accordance with section 25, and

    • (iii) if an electronic chart display and information system (ECDIS) accompanied by back-up arrangements is being used to fulfil the chart requirements set out in section 5 of the Charts and Nautical Publications Regulations, 1995,

      • (A) holds a certificate of the person's successful completion of training, at a recognized institution, in ECDIS operation, and

      • (B) has been provided by the master with written instructions in the operation of, and has been familiarized with, the ECDIS and back-up arrangements carried on board the ship;

  • (b) subject to subsections (3) and (4), an additional person who, where the ship is 200 tons or more, holds an efficient deckhand certificate, an able seaman certificate or a bridge watchman certificate;

  • (c) subject to subsections (4) and (5), where the ship is more than 1 000 tons and is not securely anchored or moored, a second additional person who holds an efficient deckhand certificate, an able seaman certificate or a bridge watchman certificate; and

  • (d) where the ship is 100 tons or less, a person in charge of the radio watch who is qualified in accordance with section 25, unless the person in charge of the deck watch is so qualified.

• (3) An additional person is not required where

  • (a) the ship is engaged in a log sorting or yarding operation that is carried out at a booming ground and does not use lines or chains;

  • (b) the ship

    • (i) is 100 tons or less,

    • (ii) carries 12 passengers or fewer,

    • (iii) affords an unobstructed all-round view from the steering position, and

    • (iv) is engaged on a voyage of five nautical miles or less within the limits of a harbour, in good visibility, between sunrise and sunset; or

  • (c) the ship is 1 000 tons or less and is securely anchored or moored.

• (4) The additional person and the second additional person are not each required, in respect of one of the deck watches in any 24-hour period, to hold the certificate referred to in paragraph (2)(b) or (c) if either the additional person or the second additional person, but not both, is assigned to that deck watch as a rating under training for the purpose of obtaining the certificate.

• (5) Subject to subsection (6), a second additional person is not required where the ship is more than 1 000 tons and is equipped in accordance with the schedule and the equipment is

  • (a) in good working order;

  • (b) suitably illuminated for night operation; and

  • (c) used in accordance with the ordinary practice of seamen.

• (6) A second additional person is required on a ship that meets the requirements of subsection (5) where it is not appropriate to use the automatic steering system because prompt helm action may be required as a result of

  • (a) restricted visibility;

  • (b) traffic density;

  • (c) hazardous navigational situations; or

  • (d) the use of the system being prohibited by local by-laws.

Qualifications of Deck Watch

41 No person shall act, and no master or offshore installation manager shall permit a person to act, as a member of the deck watch of a ship unless the person is the holder of a certificate appropriate for the class of ship and the area in which the ship operates.

Engineering Watches

42 Every ship shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.

• 43 (1) Subject to section 44, the engineering watch of a ship shall consist of

  • (a) subject to subsection (2), where the ship has a propulsive power of more than 750 kW, a person in charge of the watch who

    • (i) is the engineer required by sections 30 to 35, or

    • (ii) holds, at a minimum, the following certificate:

      • (A) in the case of a passenger ship, a cargo ship or a tow-boat, a fourth-class engineer certificate,

      • (B) in the case of a motor-driven fishing vessel that has a propulsive power of not more than 2 000 kW, a watchkeeping engineer, motor-driven fishing vessel certificate, or

      • (C) in the case of a fishing vessel that has a propulsive power of more than 2 000 kW, a fourth-class engineer certificate;

  • (b) subject to subsections (3) and (4), where the ship has a propulsive power of more than 750 kW, an engine-room assistant who holds an engine-room rating certificate or an engine-room assistant certificate; and

  • (c) an engine-room rating for each boiler room in which a mechanically fired, coal-burning boiler or a non-automatic, oil-burning boiler is fitted and in use who, where the ship has a propulsive power of more than 750 kW and, subject to subsection (4), holds an engine-room rating certificate or an engine-room assistant certificate.

• (2) Paragraph (1)(a) does not apply in the case of a ship on which the master acts in the dual capacity of master and engineer in accordance with section 36.

• (3) Paragraph (1)(b) does not apply in the case of a ship in which the machinery essential to the safe operation of the ship has automatic operational features and safety features that, while in operation, lubricate the machinery from a supply of lubricant and fuel that is sufficient to enable the machinery to operate continuously at full load for a period of not less than 24 hours.

• (4) The engine-room assistant and the engine-room rating are not each required to hold the certificate referred to in paragraph (1)(b) or (c) if

  • (a) three persons are assigned to the engineering watch; and

  • (b) either the engine-room assistant or the engine-room rating, but not both, is assigned to the engineering watch under training for the purpose of obtaining the certificate.

44 Where a cargo ship or tow-boat is equipped in accordance with Schedule VIII of the Marine Machinery Regulations, it may operate between Canadian ports with periodically unattended machinery spaces and without an engineering watch if

• (a) the ship

  • (i) has a propulsive power of not more than 1 500 kW and engages on a voyage that does not go beyond a home-trade voyage, Class II, or

  • (ii) has a propulsive power of not more than 2 000 kW and engages on a voyage that does not go beyond an inland voyage or a home-trade voyage, Class IV; and

• (b) in the case of a cargo ship of 150 tons or less that is not required by these Regulations to have on board an engineer, the remote control and monitoring systems in periodically unattended machinery spaces are inspected at intervals not exceeding 12 months and the inspection certificate is endorsed to confirm the inspection.

Ship’s Cook

45 Where a ship has on board and employs a cook, the cook shall hold a ship’s cook certificate if the ship is

• (a) 1 000 tons or more;

• (b) employed in the transportation of cargo or passengers for the purpose of trade; and

• (c) engaged on a foreign voyage or a home-trade voyage, where the voyage extends south of the parallel of latitude 36°00′N.

Minimum Safe Manning Documents

• 46 (1) This section does not apply in respect of

  • (a) troopships;

  • (b) fishing vessels;

  • (c) sailing vessels;

  • (d) cargo ships, and tugs, of less than 500 tons; or

  • (e) ships engaged on local voyages, inland voyages or minor waters voyages.

• (2) Every ship engaged on an international voyage shall carry on board a Minimum Safe Manning Document issued by the Department of Transport and containing, in English and French,

  • (a) the following identification information about the ship:

    • (i) its name,

    • (ii) its port of registry, and

    • (iii) its official number;

  • (b) a table showing

    • (i) the number of members of the complement,

    • (ii) the levels of certificates to be held by the members of the complement, and

    • (iii) any conditions or limitations on the certificates referred to in subparagraph (ii);

  • (c) a statement by the Department of Transport that the ship named in the Document is safely crewed when it carries not less than the complement whose members hold the certificates shown in the Document, subject to any conditions or limitations stated on the certificates;

  • (d) a statement as to any conditions or limitations on the validity of the Document by reference to particulars of the ship and the nature of the service in which it is employed; and

  • (e) the date of issue and the expiry date, if any, of the Document together with a signature on behalf of, and the seal of, the Department of Transport.

DIVISION 6Modus That Are Not Self-Propelled And Self-Propelled Modus That Are Stationary And Engaged In Drilling

Interpretation

47 The definitions in this section apply in this Division.

ballast control operator

ballast control operator means the person assigned the responsibility for the normal day-to-day control of the trim, draught and stability of a MODU. (opérateur des commandes des ballasts)

barge supervisor

barge supervisor means the person who provides support to the offshore installation manager in essential marine-related matters on board a MODU. (surveillant de chaland)

maintenance supervisor

maintenance supervisor, in respect of a MODU, means the person who has the responsibility for the required inspection, operation and testing of all of the machinery and equipment as specified by the owner of the MODU. (surveillant de la maintenance)

MODU/self-elevating

MODU/self-elevating means a MODU with movable legs that is not self-propelled and is capable of raising its hull above the surface of the sea. (UMFM/auto-élévatrice)

MODU/surface

MODU/surface means a MODU with a ship- or barge-type displacement hull of single or multiple hull construction intended for operation in the floating condition. (UMFM/surface)

Application

• 48 (1) This Division applies in respect of

  • (a) MODUs that are not self-propelled; and

  • (b) self-propelled MODUs that are stationary and engaged in drilling.

• (2) This Division does not apply in respect of MODUs that are securely anchored in port or securely moored to shore.

Appropriate Certificate

49 The certificate appropriate to a MODU is

• (a) in the case of a MODU/surface, a certificate of the MODU/surface category; and

• (b) in the case of a MODU/self-elevating, a certificate of the MODU/self-elevating category.

Minimum Complement

• 50 (1) The complement of a MODU shall consist of at least the following persons:

  • (a) an offshore installation manager who, in the case of a MODU in waters other than waters to which the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada-Newfoundland Atlantic Accord Implementation Act applies, holds an offshore installation manager certificate appropriate to the MODU;

  • (b) a barge supervisor who holds a barge supervisor certificate appropriate to the MODU;

  • (c) in the case of a MODU/surface, a ballast control operator who

    • (i) holds

      • (A) a certificate of completion for a course in stability and ballast control from a recognized institution, and

      • (B) a document issued by the offshore installation manager of the MODU/surface certifying that the person is competent to maintain that MODU/surface within its permitted stability limits, and

    • (ii) where the ballast controls are located within the bridge or the space in which the deck watch is conducted, may be the person in charge of the deck watch;

  • (d) in the case of a MODU that is not bottom-founded, a sufficient number of persons to ensure a continuous deck watch, of whom the persons in charge shall each hold a watchkeeping mate certificate appropriate to the MODU;

  • (e) in the case of a MODU that is bottom-founded, a sufficient number of persons to ensure a continuous deck watch;

  • (f) a person in charge of the machinery who, where the MODU has a propulsive power of more than 750 kW, holds a maintenance supervisor certificate appropriate to the MODU; and

  • (g) a person in charge of the engineering watch who, where the MODU has a propulsive power of more than 750 kW, holds a certificate as a fourth-class engineer and a MODU certificate.

• (2) A MODU/surface shall be provided with a sufficient number of qualified ballast control operators to ensure that the ballast control position is continuously crewed.

Deck Watches

51 Every MODU that is not securely anchored in port or is not securely moored to shore shall maintain a deck watch in accordance with Parts I and II of TP 1018, Code of Nautical Procedures and Practices, published in 1985.

Composition of the Deck Watch

• 52 (1) The minimum deck watch required by this section shall be supplemented as required by the ordinary practice of seamen.

• (2) Subject to subsection (3), each deck watch on a MODU shall consist of at least the following persons:

  • (a) a person in charge of the deck watch who

    • (i) is capable of properly operating the navigational and radio equipment with which the MODU is fitted,

    • (ii) where the MODU is more than 100 tons, holds a watchkeeping mate certificate appropriate to the MODU, and

    • (iii) if an electronic chart display and information system (ECDIS) accompanied by back-up arrangements is being used to fulfil the chart requirements set out in section 5 of the Charts and Nautical Publications Regulations, 1995,

      • (A) holds a certificate of the person's successful completion of training, at a recognized institution, in ECDIS operation, and

      • (B) has been provided by the master with written instructions in the operation of, and has been familiarized with, the ECDIS and back-up arrangements carried on board the MODU;

  • (b) an additional person who, where the MODU is 200 tons or more, holds an able seaman certificate or a bridge watchman certificate;

  • (c) where the MODU is more than 1 000 tons and is not securely anchored, moored or stationed in the dynamically positioned mode, a second additional person who holds an able seaman certificate or a bridge watchman certificate; and

  • (d) a person in charge of the radio watch who is qualified in accordance with section 25, unless the person in charge of the deck watch is so qualified.

• (3) Where a MODU is engaged in drilling, the offshore installation manager may be counted as a member of the deck watch.

Engineering Watches

53 Every MODU shall maintain an engineering watch in accordance with TP 4071, Standard for Engineering Watchkeeping on Ships, published in 1983.

• 54 (1) The engineering watch of a MODU shall consist of

  • (a) where the MODU has a propulsive power of more than 750 kW, a person in charge of the watch who holds, at a minimum, a fourth-class engineer, motor ship, certificate;

  • (b) subject to subsections (2) and (3), where the MODU has a propulsive power of more than 750 kW, an engine-room assistant who holds an engine-room rating certificate or an engine-room assistant certificate; and

  • (c) an engine-room rating for each boiler room in which a mechanically fired, coal-burning boiler or a non-automatic, oil-burning boiler is fitted and in use who, where the MODU has a propulsive power of more than 750 kW and, subject to subsection (3), holds an engine-room rating certificate or an engine-room assistant certificate.

• (2) Paragraph (1)(b) does not apply in the case of a MODU in which the machinery essential to the safe operation of the MODU has automatic operational features and safety features that, while in operation, lubricate the machinery from a supply of lubricant and fuel that is sufficient to enable the machinery to operate continuously at full load for a period of not less than 24 hours.

• (3) The engine-room assistant and the engine-room rating are not each required to hold the certificate referred to in paragraph (1)(b) or (c) if

  • (a) three persons are assigned to the engineering watch; and

  • (b) either the engine-room assistant or the engine-room rating, but not both, is assigned to the engineering watch under training for the purpose of obtaining the certificate.

DIVISION 7Ships That Are Securely Anchored In Port Or Securely Moored To Shore And Pleasure Craft

Ships That Are Securely Anchored in Port or Securely Moored to Shore

• 55 (1) Every ship, other than a pleasure craft, that is securely anchored in port or securely moored to shore, shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.

• (2) Subsection (1) does not apply in respect of a ship that does not normally maintain an engineering watch in port if

  • (a) the owner or person in charge of the ship makes sufficient and efficient alternative arrangements to secure the safety of life and the environment, taking into account Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code; and

  • (b) the requirements set out in section 58 are met.

• 56 (1) Every ship that is securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code.

• (2) Subsection (1) does not apply in respect of a ship that does not normally maintain a deck watch in port if

  • (a) the owner or person in charge of the ship makes sufficient and efficient alternative arrangements to secure the safety of life and the environment, taking into account Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code; and

  • (b) the requirements set out in section 58 are met.

57 Every ship that is securely anchored in port or securely moored to shore shall maintain a continuous listening watch in accordance with section 8 of the VHF Radiotelephone Practices and Procedures Regulations, unless the ship is in a location where its presence does not constitute a hazard to passing ships.

• 58 (1) The master of a ship that has passengers on board and that is securely anchored in port shall be on duty as required by the ordinary practice of seamen.

• (2) The complement of a ship that has passengers on board and that is securely anchored in port or securely moored to shore shall consist of at least the following persons:

  • (a) the persons required

    • (i) by Division 3 to form part of the life saving team,

    • (ii) by Division 4 to form part of the radio watch, in the case of a ship that is securely anchored,

    • (iii) to form part of the deck watch in accordance with subsection 56(1), and

    • (iv) by section 43 or 44 to be in charge of the engineering watch or the machinery of the ship; and

  • (b) where the ship is required by the Fire Detection and Extinguishing Equipment Regulations to be provided with a fire patrol, a sufficient number of persons to ensure compliance with those Regulations.

Pleasure Craft

59 Pleasure craft of 20 m or more in length shall, when under way, have on board and employ

• (a) a master who holds, at a minimum, a master, limited certificate; and

• (b) a person in charge of the deck watch who

  • (i) is capable of properly operating the navigational and radio equipment with which the craft is fitted and, where the craft is fitted with a ship station, holds a radio operator’s certificate in accordance with section 25, and

  • (ii) where the craft is more than 100 tons, holds, at a minimum, a first mate, limited certificate that is appropriate for the class of ship and the area in which the craft operates.

DIVISION 8Medical Examination Of Seafarers

Interpretation

60 The definitions in this section apply in this Division.

designated physician

designated physician means a physician who is knowledgeable about the work of a seafarer and is designated by the Minister. (médecin désigné)

physician

physician means a person who holds a current licence to practise medicine issued by a provincial college of physicians and surgeons. (médecin)

registered nurse

registered nurse means a nurse registered or licensed under the laws of a province. (infirmière autorisée)

seafarer

seafarer[Repealed, SOR/2002-151, s. 15]

TP 11343

TP 11343 means Transport Canada Standard TP 11343, Medical Examination of Seafarers — Physician’s Guide. (TP 11343)

61 [Repealed, SOR/2002-151, s. 16]

Prohibition from Accepting Seafarer Employment

• 62 (1) No person shall accept employment as a seafarer on board a ship of 200 tons or more that is making a foreign voyage or a home-trade voyage extending south of the parallel of latitude 36°00′N and that is employed in the transportation of cargo or passengers for the purpose of trade, unless the person holds a valid medical certificate issued under this Division.

• (2) No person shall accept employment as a seafarer on board a fishing vessel of more than 25 tons that is making a fishing voyage, Class I or a fishing voyage, Class II, unless the person holds a valid medical certificate issued under this Division.

Prohibition from Employing a Seafarer

63 No person shall employ a person as a seafarer to whom this Division applies unless the person produces a valid medical certificate issued under this Division, attesting to the person’s fitness

• (a) to perform the duties for which the person is to be employed; and

• (b) to make the voyage to be engaged in by the ship.

Physical and Mental Fitness

• 63.1 (1) A seafarer who meets the requirements of this section may obtain a medical certificate.

• (2) The seafarer shall not have any of the following disabilities:

  • (a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;

  • (b) a disorder that could prevent the seafarer from reacting effectively while performing duties;

  • (c) a condition that could endanger others, taking into account the duration of voyages and the conditions on board ship;

  • (d) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or

  • (e) an active psychiatric disorder, including drug or alcohol dependence or abuse.

• (3) The seafarer shall have

  • (a) adequate muscle strength to carry a mass of 22 kg;

  • (b) the physical capacity to wear breathing apparatus and life saving equipment; and

  • (c) adequate vision and hearing and the agility and strength to perform the duties of fire fighting, first-aid administration and ship abandonment in an emergency.

• (4) Subject to subsections (5) to (7), the seafarer shall meet the physical requirements set out in section 6 of TP 11343.

• (5) The vision and hearing requirements do not apply to an engineer who began acquiring qualifying service on a Canadian ship before July 30, 1997, if the engineer holds a certificate of competency issued before July 30, 2002.

• (6) The colour vision requirements do not apply to a seafarer who

  • (a) is not required to hold a certificate to perform duties on board ship; or

  • (b) is required to hold one of the following certificates to perform duties on board ship:

    • (i) engine-room rating,

    • (ii) engine-room assistant,

    • (iii) ship’s cook,

    • (iv) proficiency in survival craft,

    • (v) restricted proficiency in survival craft,

    • (vi) proficiency in oil tankers,

    • (vii) proficiency in chemical tankers,

    • (viii) proficiency in liquefied gas tankers, or

    • (ix) proficiency in compass deviation.

• (7) The following seafarers are not required to meet the visual acuity requirements in each eye if they meet the requirements when both eyes are tested together:

  • (a) a seafarer who is not required to hold a certificate to perform duties on board a ship under these Regulations and who began to acquire service at sea before July 30, 1997; and

  • (b) a seafarer who, on July 30, 1997, held a certificate issued under the Masters and Mates Examination Regulations, C.R.C., c. 1446 and began to acquire the qualifying service for it before June 1, 1973, even if the seafarer exchanges it under section 5 of the Marine Certification Regulations or applies for a continued proficiency certificate under section 58 of those Regulations.

Application for Examination

• 64 (1) Every applicant for a medical examination under this Division shall make an application to the physician or registered nurse referred to in section 65 in the form issued by the Minister.

• (2) No medical examination shall be considered to have been conducted under this Division unless the application form has been submitted to the physician or registered nurse prior to the examination.

Capacity to Conduct Medical Examination

• 65 (1) Subject to paragraph 3(a) and subsection (4), only a designated physician may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer who requires a certificate to perform duties.

• (2) Any physician may conduct an initial or periodic medical examination under this Division and may issue a medical certificate in respect of a seafarer who does not require a certificate to perform duties.

• (3) Any physician may conduct a medical examination allowing a seafarer to return to duty after a medical absence of

  • (a) more than 14 days, where the seafarer requires a certificate to perform duties; and

  • (b) any duration, where the seafarer does not require a certificate to perform duties.

• (4) If there is no designated physician within a 200-km radius of the area of operation of a ship that is operating in waters under Canadian jurisdiction, any physician or registered nurse may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer employed on the ship, whether the seafarer requires a certificate to perform duties or not.

Medical Examination

66 The physician or registered nurse conducting a medical examination under this Division shall

• (a) ensure that the seafarer meets the requirements of section 63.1;

• (b) test the vision and hearing of the seafarer in accordance with section 7 of TP 11343; and

• (c) take into account the recommendations and factors set out in section 5 of TP 11343.

Aids to Vision and Hearing

67 A seafarer who is required to use an aid to vision or hearing to meet the requirements of TP 11343 shall

• (a) use the aid to perform the seafarer’s duties on board ship;

• (b) in the case of an aid to vision, possess at least two of them; and

• (c) in the case of an aid to hearing, possess replacement batteries for it.

Medical Certificates

• 68 (1) After completing the medical examination of a seafarer under this Division, a physician or registered nurse shall

  • (a) issue a medical certificate to the seafarer in the form established by the Minister; and

  • (b) provide a copy of it to the Minister.

• (2) The physician or registered nurse shall set out in the medical certificate their assessment of the seafarer’s suitability as

  • (a) unfit for service at sea;

  • (b) fit for service at sea with limitations; or

  • (c) fit for service at sea without limitations.

• (3) A physician or registered nurse who assesses a seafarer as fit for service at sea with limitations shall state those limitations in the seafarer’s medical certificate.

Other Medical Certificates

69 The Minister may direct that a medical certificate in a form other than the form established by the Minister, attesting to a seafarer’s fitness for service at sea and issued by a marine industry association following a medical examination, be accepted for the purposes of this Division if it complies with the requirements set out in section 70.

Validity of a Medical Certificate

• 70 (1) Except where a re-examination is required under section 71, and subject to subsections (2) and (3), a medical certificate remains in force beginning on the day of its issuance

  • (a) in the case of a seafarer at least 40 years of age who holds a certificate, for two years;

  • (b) in the case of a seafarer at least 60 years of age who does not hold a certificate, for two years; and

  • (c) in all other cases, for three years.

• (2) If they consider it appropriate taking into account the state of health of the seafarer examined, the physician or registered nurse may issue a medical certificate that specifies a shorter period of validity.

• (3) Where the period of validity of a medical certificate expires in the course of a voyage, the certificate remains in force until the end of the voyage, or until the end of an additional period of three months, whichever occurs first.

Re-examination

71 The Minister may at any time require the re-examination of a seafarer

• (a) where the Minister has reason to believe that a re-examination is desirable to protect the safety of the ship or of other persons on board the ship;

• (b) at the request of the seafarer; or

• (c) at the request of the seafarer’s employer, where the employer has grounds to believe that the seafarer’s state of health may constitute a risk to the safety of the ship or of other persons on board the ship.

Review of a Medical Certificate

• 72 (1) A seafarer may apply to the Minister for a review by a reviewing physician of a medical certificate issued under this Division that indicates the seafarer to be

  • (a) unfit for service at sea; or

  • (b) fit for service at sea with limitations.

• (2) The reviewing physician shall be a designated physician.

• (3) After reviewing a medical certificate and the state of health of the seafarer to whom it was issued, the reviewing physician may direct that further medical examinations be carried out and may stipulate the examinations and the persons or organizations to carry them out.

• (4) The reviewing physician shall

  • (a) confirm the medical certificate originally issued; or

  • (b) where appropriate, based on further examinations conducted pursuant to subsection (3), issue a new medical certificate in the form issued by the Minister.

Appeal of a Reviewed Medical Certificate

• 73 (1) A seafarer who requested a review of a medical certificate may appeal to the Minister for a further review of the case by an appeal board if the medical certificate confirmed or issued by the reviewing physician indicates that the seafarer is

  • (a) unfit for service at sea; or

  • (b) fit for service at sea with limitations.

• (2) An application for a review by an appeal board shall be accompanied by a review fee of $25.

• (3) On appeal by a seafarer pursuant to subsection (1), the Minister shall appoint an appeal board composed of at least

  • (a) a representative of the Minister;

  • (b) a representative proposed by the employer of the seafarer; and

  • (c) a representative proposed by the seafarer.

• (4) Every appeal board shall be assisted in its deliberations by a physician selected from the designated physicians list by the representatives referred to in subsection (3).

• (5) An appeal board has the same power as a reviewing physician and may

  • (a) confirm the medical certificate issued or confirmed by the reviewing physician; or

  • (b) where appropriate, based on its deliberations, issue a new medical certificate in the form established by the Minister.

• (6) An appeal board shall record its decision and the reasons for it in writing and send a copy of it to the Minister, to the seafarer and to the employer of the seafarer.

Costs of Medical Examinations for Reviews and Appeals

74 The costs of a medical examination conducted as a result of a review under section 72 or an appeal under section 73 shall be borne by the applicant seafarer.

PART 2Requirements for Non-Canadian Ships

Interpretation

75 The definitions in this section apply in this Part.

Administration

Administration, in respect of a ship, means the Government of the State whose flag the ship is entitled to fly. (Administration)

coasting trade

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

Application

• 76 (1) Subject to subsection (2), this Part applies in respect of ships that are not Canadian ships.

• (2) Only section 80 applies in respect of pleasure craft.

Issuance and Validity of Certificates

• 77 (1) Subject to subsection (3), every master, mate, engineer and person who forms part of an engineering or deck watch on a ship shall hold a certificate that is

  • (a) issued under the STCW;

  • (b) appropriate to the duties performed by that person on the ship;

  • (c) endorsed by the issuing State as meeting the provisions of the STCW; and

  • (d) valid under the STCW for the ship and the voyage on which the ship is engaged.

• (2) The requirements of chapter V of the STCW apply to persons who are employed on oil tankers, chemical tankers and liquefied gas tankers in the capacities, or to perform the duties, referred to in that chapter.

• (3) A person who forms part of a deck watch may, instead of holding the certificate referred to in subsection (1), hold a certificate as an able seaman or an efficient deckhand that is

  • (a) issued under the Able Seaman Convention;

  • (b) appropriate to the duties performed by that person on the ship; and

  • (c) appropriate to the voyage on which the ship is engaged.

Safe Manning Document

• 78 (1) This section does not apply in respect of

  • (a) troopships;

  • (b) fishing vessels;

  • (c) sailing vessels;

  • (d) cargo ships, and tow-boats, of less than 500 tons; or

  • (e) ships engaged on local voyages, inland voyages or minor waters voyages.

• (2) A Safety Convention ship shall carry on board a Safe Manning Document issued under the Safety Convention.

• (3) Every ship that is engaged in the coasting trade and every ship that is not a Safety Convention ship shall carry on board a document issued by the Administration and containing, in English,

  • (a) the following identification information about the ship:

    • (i) its name,

    • (ii) its port of registry, and

    • (iii) its official number;

  • (b) a table showing

    • (i) the number of members of the complement,

    • (ii) the levels of certificates to be held by the members of the complement, and

    • (iii) any conditions or limitations on the certificates referred to in subparagraph (ii);

  • (c) a statement by the Administration that the ship named in the Document is safely crewed when it carries not less than the complement whose members hold the certificates shown in the Document, subject to any conditions or limitations stated on the certificates;

  • (d) a statement as to any conditions or limitations on the validity of the Document by reference to particulars of the ship and the nature of the service in which it is employed;

  • (e) the date of issue and the expiry date, if any, of the Document together with a signature on behalf of, and the seal of, the Administration; and

  • (f) in the case of a ship engaged in the coasting trade, an endorsement issued by the Department of Transport that

    • (i) contains a statement that the document issued by the Administration meets the requirements of Part 1, or

    • (ii) sets out the requirements that the ship shall follow to meet the standard of crewing set out in Part 1.

Safe Manning Requirements

• 79 (1) Every Safety Convention ship shall comply with

  • (a) the safe manning requirements established for the ship by the Administration and by International Maritime Organization Resolution A.481(XII), entitled Principles of Safe Manning and adopted on November 19, 1981, as amended from time to time; and

  • (b) the radio watch requirements of section 23 and paragraphs 24(b) to (d).

• (2) Subject to subsection (3), every ship engaged in the coasting trade and every ship that is not a Safety Convention ship shall comply with

  • (a) Division 2 of Part 1 in respect of hours of rest;

  • (b) in respect of radio watches,

    • (i) in the case of a ship engaged in the coasting trade, sections 24, 25 and 26, and

    • (ii) in the case of a ship that is not a Safety Convention ship, paragraphs 24(b) to (d), section 26 and the provisions for safe manning contained in the document issued by the Administration and referred to in subsection 78(3);

  • (c) in respect of deck watches,

    • (i) sections 38 to 41, where the ship is self-propelled and is not securely anchored in port or securely moored to shore,

    • (ii) sections 51 and 52, where the ship is a MODU that is not self-propelled or is a self-propelled MODU that is stationary and engaged in drilling, and

    • (iii) sections 52 to 58, where the ship is securely anchored in port or securely moored to shore; and

  • (d) in respect of engineering watches,

    • (i) sections 42 to 44, where the ship is self-propelled and is not securely anchored in port or securely moored to shore,

    • (ii) sections 53 and 54, where the ship is a MODU that is not self-propelled or is a self-propelled MODU that is stationary and engaged in drilling, and

    • (iii) sections 55 to 58, where the ship is securely anchored in port or securely moored to shore.

• (3) Where the provisions referred to in subsection (1) require a person to hold a certificate issued under the Marine Certification Regulations, the certificate required under this Part shall be

  • (a) the certificate issued by the Administration of the ship that is equivalent to the certificate required under the Marine Certification Regulations; and

  • (b) endorsed as meeting the requirements of the STCW.

Pleasure Craft

80 Pleasure craft of 20 m or more in length shall, when under way, have on board and employ a person in charge of the deck watch who

• (a) is capable of properly operating the navigational and radio equipment with which the craft is fitted and, where the craft is fitted with a ship station, holds a radio operator’s certificate in accordance with section 25; and

• (b) where the craft is more than 100 tons, holds, at a minimum, a first mate, limited certificate that is appropriate for the class of ship and the area in which the craft operates.

Repeals

81 The following Regulations are repealed:

• (a) the Certification of Ships’ Cooks Regulations, Part IIFootnote ¹;

• (b) the Master and Engineer Dual Capacity RegulationsFootnote ²;

• (c) the Medical Examination of Seafarers RegulationsFootnote ³;

• (d) the Nominal Horsepower Computing Method RegulationsFootnote ⁴;

• (e) the Safe Manning RegulationsFootnote ⁵; and

• (f) the Ships’ Deck Watch RegulationsFootnote ⁶.

  • Return to footnote ¹C.R.C., c. 1414

  • Return to footnote ²C.R.C., c. 1445

  • Return to footnote ³C.R.C., c. 1447

  • Return to footnote ⁴C.R.C., c. 1450

  • Return to footnote ⁵C.R.C., c. 1466

  • Return to footnote ⁶C.R.C., c. 1481

Coming into Force

82 These Regulations come into force on July 30, 1997.