Marine Transportation Security Regulations (SOR/2004-144)

PART 8Certification

Interpretation

• 800 (1) [Repealed, SOR/2014-162, s. 51]

• Marginal note:References in STCW Code

  (2) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the STCW Code,

  • (a) “ship” shall be read to mean “vessel”;

  • (b) “measures and procedures” shall be read to mean “requirements and procedures”;

  • (c) “port facility” shall be read to mean “marine facility”;

  • (d) “ship/port interface” shall be read to mean “vessel/marine facility interface”; and

  • (e) “designating and monitoring restricted areas” shall be read to mean “establishing and monitoring restricted areas”.

• Marginal note:References in French version of STCW Code

  (3) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the French version of the STCW Code,

  • (a) “audits” shall be read to mean “vérifications”; and

  • (b) “zones d’accès restreints” shall be read to mean “zones réglementées”.

Issuance of a Certificate of Proficiency

Marginal note:Requirements

• 801 (1) The Minister shall issue a certificate of proficiency to a person if

  • (a) the Minister receives certification from a recognized institution that the person has successfully completed an approved training course;

  • (b) in the case of a certificate of proficiency as a ship security officer, the person has at least 12 months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) the person is at least 18 years of age;

  • (d) the person provides proof that he or she is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (e) the person meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division; and

  • (f) the person meets the standards of competence required by these Regulations for the performance of the duties associated with the capacities identified in the certificate of proficiency.

• Marginal note:References to “qualifying service”

  (2) For the purpose of paragraph (1)(b), the references in subsection 115(3) and section 116 of the Marine Personnel Regulations to “qualifying service” shall be read as references to “sea service”.

• Marginal note:Alternative before July 1, 2014

  (3) The Minister shall issue a certificate of proficiency as a member of the vessel personnel with security responsibilities to a person who commenced sea service before January 1, 2012 if the person

  • (a) provides the Minister, no later than June 30, 2014, with a testimonial indicating that the person has undertaken the tasks, duties and responsibilities listed in column 1 of table A-VI/6-2 of the STCW Code;

  • (b) has acquired, during the three years preceding January 1, 2014, a total of at least six months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) is at least 18 years of age;

  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

  • (e) meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division.

• Marginal note:Alternative before July 1, 2014

  (4) The Minister shall issue a certificate of proficiency as a member of the vessel personnel without security responsibilities to a person who commenced sea service before January 1, 2012 if the person

  • (a) provides the Minister, no later than June 30, 2014, with a testimonial indicating that the person has undertaken the tasks, duties and responsibilities listed in column 1 of table A-VI/6-1 of the STCW Code;

  • (b) has acquired, during the three years preceding January 1, 2014, a total of at least six months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) is at least 18 years of age;

  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

  • (e) meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division.

Marginal note:Refusal to issue

• 802 (1) Despite section 801, the Minister shall refuse to issue a certificate of proficiency to a person if

  • (a) the person has not met the requirements for the issuance of the certificate; or

  • (b) the Minister has reasonable grounds to believe that

    • (i) the person has acted fraudulently or improperly or has misrepresented a material fact, or

    • (ii) the public interest and, in particular, the record of the person warrant it.

• Marginal note:Notice of refusal to issue

  (2) If the Minister refuses to issue a certificate of proficiency to a person, the Minister shall notify the person of the refusal. The notice shall include

  • (a) the grounds for the refusal; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the refusal.

Approved Training Course

Marginal note:Approval by Minister

• 803 (1) The Minister shall approve a course as an approved training course if the Minister determines that it

  • (a) provides participants with the training necessary to undertake the tasks, duties and responsibilities listed in column 1 of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code and to acquire the knowledge listed in column 2 of those tables; and

  • (b) uses the methods and criteria listed in columns 3 and 4, respectively, of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code to evaluate the participants’ competence to undertake the tasks, duties and responsibilities referred to in paragraph (a).

• Marginal note:Revocation

  (2) The Minister shall revoke the approval of a course as an approved training course if, after the results of an independent evaluation made in accordance with section A-I/8.3 of the STCW Code are brought to the attention of the recognized institution that is providing the course, timely action is not taken to correct any deficiencies.

Recognized Institution

Marginal note:Designation by Minister

• 803.1 (1) The Minister shall designate a training institution as a recognized institution if the Minister is satisfied that the training institution administers, in accordance with the established practices and the requirements of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under this Part.

• Marginal note:Monitoring

  (2) The approved training courses shall be monitored continuously through a quality management system that conforms to Regulation I/8 of the STCW Convention.

• Marginal note:Revocation

  (3) The Minister shall revoke the designation of a recognized institution if, after informing the recognized institution that the results of an evaluation conducted by the Minister indicate that the requirements of subsection (1) or (2) are not being met, the Minister is satisfied that timely action has not been taken to correct the deficiencies.

Suspension and Cancellation

Marginal note:Suspension or cancellation

• 804 (1) The Minister shall suspend or cancel a person’s certificate of proficiency if the Minister has reasonable grounds to believe that

  • (a) the certificate was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

  • (b) the public interest warrants it, particularly in view of the person’s record; or

  • (c) the person’s performance of the duties associated with the capacities identified in the certificate constitutes, or is likely to constitute, an immediate threat to marine transportation security.

• Marginal note:Cancellation

  (2) The Minister shall cancel a person’s certificate of proficiency if the Minister determines that the person is no longer a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Notice of suspension or cancellation

• 805 (1) If the Minister suspends or cancels a person’s certificate of proficiency, the Minister shall notify the person of the suspension or cancellation. The notice shall include

  • (a) the grounds for the suspension or cancellation; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the suspension or cancellation.

• Marginal note:When effective

  (2) The suspension or cancellation shall not be effective earlier than

  • (a) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(a) or (b), the 30th day after the day on which the person receives the notice; and

  • (b) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(c) or subsection 804(2), when the person receives the notice.

• Marginal note:When notice is considered received

  (3) Notice is considered to be received on the earlier of

  • (a) when the person receives the notice, and

  • (b) when any vessel of which the person is the master or a crew member receives the notice.

Reviews and Appeals

Marginal note:Jurisdiction of Tribunal

806 The Tribunal has jurisdiction in respect of reviews and appeals under sections 807 to 810.

Marginal note:Request for review

• 807 (1) A person who is notified under subsection 802(2) or 805(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the refusal, suspension or cancellation.

• Marginal note:Effect of request

  (2) A request for a review does not operate as a stay of the refusal, suspension or cancellation.

• Marginal note:Exception

  (3) On application in writing by a person whose certificate of proficiency was suspended or cancelled on any of the grounds referred to in paragraph 804(1)(c) or subsection 804(2), a member of the Tribunal assigned for the purpose may, after giving notice to the Minister and after considering any representations made by the parties, grant a stay of the suspension or cancellation until the review is completed if he or she determines that granting a stay would not constitute a threat to marine transportation security.