Competency of Operators of Pleasure Craft Regulations

7 (1) Subject to section 7.1, a course provider or their agent may administer a test only if the test

• (a) is administered in accordance with the course provider’s test protocol submitted to and approved by the Minister; and

• (b) meets the requirements of subsections (3) and (4).

(2) The Minister shall approve a test protocol if, in the Minister’s opinion, it contains procedures ensuring that

• (a) the identity and age of each candidate are verified;

• (b) each candidate receives clear instructions, before the test begins, on

  • (i) the maximum duration of the test,

  • (ii) the passing grade, and

  • (iii) the procedures to be followed to complete the test;

• (c) during the test, no candidate

  • (i) communicates with any person other than the person administering the test,

  • (ii) has access to documentation other than the test and the instructions that relate to it,

  • (iii) copies, removes from the test site or sends to anyone the test or any portion of it, or

  • (iv) consumes alcoholic beverages;

• (d) the test site is a site

  • (i) that is designated solely for the use of the person administering the test, candidates and, if applicable, agents of the Department of Transport, for the duration of the test,

  • (ii) that is owned, leased, occupied or otherwise controlled by the course provider but that is in no way under the control of a candidate taking the test such as a site that is the residence of a candidate taking the test,

  • (iii) in respect of which the course provider has undertaken to permit access to any agents of the Department of Transport,

  • (iv) that conforms to the description furnished by the course provider in their test protocol, and

  • (v) that, in the case of a test site situated within a space where a commercial or sporting activity occurs concurrently with the test, is delineated by walls or partitions in such a manner that the candidates are incapable of seeing anything outside the test site during the taking of the test except through a window;

• (e) no candidate may take a test more than once in one day;

• (f) any candidate who does not comply with the requirements of paragraph (c) is removed from the test site and their answers automatically rejected for that test;

• (g) the ratio of candidates to persons administering the test shall not exceed 20 to 1; and

• (h) a copy of the test protocol shall be available at the test site for consultation, including an inspection by an agent of the Department of Transport.

(3) All tests shall be supervised throughout their duration by the person administering the test and can be provided to a candidate only at a test site and in one of the following formats:

• (a) in paper format;

• (b) electronically by computer; or

• (c) by one of the following means if the candidate is the sole candidate present:

  • (i) in the case of a candidate who does not fluently read English or French or is deaf or mute, by the person administering the test asking the questions orally, if necessary, through a competent and independent interpreter, and

  • (ii) in any other specific case, by any other method of communication that meets the needs generated by a candidate’s documented health problem.

(4) The following requirements apply to the type of test specified:

• (a) every test shall be composed of 36 items or questions distributed as follows:

  • (i) 9 items or questions on the matters referred to in paragraph 6(2)(a) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters,

  • (ii) 9 items or questions on the matters referred to in paragraph 6(2)(b) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters,

  • (iii) 12 items or questions on the matters referred to in paragraph 6(2)(c) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters, and

  • (iv) 6 items or questions on the matters referred to in paragraph 6(2)(d);

• (b) in the case of a test other than one referred to in paragraph (c) and in the case of all tests administered by computer, the items or questions shall be randomly selected from the most recent bank of questions provided by the Department of Transport to course providers who have had their test protocols approved under subsection (2); and

• (c) in the case of a test accredited before July 24, 2003 and administered by the person who obtained the accreditation or their agent, the test shall not have been altered since that accreditation.