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Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2024-02-20 and last amended on 2023-12-20. Previous Versions

PART 2Crewing (continued)

DIVISION 2Canadian Vessels (continued)

Deck Watch

 Subject to section 252, the master of a vessel shall ensure that its intended voyage is planned and that a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.

 Subject to paragraph 216(2)(b) and subsection 216(4), no person shall act, and no master shall permit a person to act, as a member of the deck watch of a vessel unless the person holds a certificate appropriate to the class of vessel, the area in which the vessel operates and the duties to be performed by the person.

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

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

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

    • (b) of not more than 1 000 gross tonnage; or

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

  •  (1) The minimum deck watch required by this section shall be supplemented if the master determines that it is required by the ordinary practice of seamen.

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

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

      • (i) in all cases, holds a certificate of competency that authorizes them to perform watchkeeping duties and radio watch duties,

      • (ii) if the vessel is equipped with a VHF radiotelephone installation, holds a radio operator certificate that is appropriate to the class of vessel and the area in which the vessel operates, in accordance with Division 7, and

      • (iii) if an electronic chart display and information system (ECDIS) is being used to meet the chart requirements set out in section 142 of the Navigation Safety Regulations, 2020,

        • (A) holds a training certificate in ECDIS, and

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

    • (b) subject to subsections (3) and (4), in the case of a vessel of at least 5 gross tonnage, an additional person who holds, if the vessel is at least 500 gross tonnage, at a minimum, an Able Seafarer certificate or a Bridge Watch Rating certificate;

    • (c) subject to subsections (4) and (5), if the vessel is of more than 1 000 gross tonnage and is not securely anchored in port or securely moored to shore, a second additional person who holds, at a minimum, an Able Seafarer certificate or a Bridge Watch Rating certificate; and

    • (d) a person in charge of the radio watch who is qualified in accordance with section 266, unless the person in charge of the deck watch is so qualified and is also in charge of the radio watch.

  • (3) An additional person is not required if

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

    • (b) the vessel

      • (i) is of up to 500 gross tonnage,

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

      • (iii) is engaged on a voyage of not more than five nautical miles within the limits of a harbour, in good visibility between sunrise and sunset;

    • (c) the vessel is a tug assisting another vessel while attached to it by a tow line; or

    • (d) the vessel is of up to 1 000 gross tonnage and is securely anchored in port or securely moored to shore.

  • (4) The additional person and the second additional person assigned to the same deck watch are not both required to hold one of the certificates referred to in paragraph (2)(b) or (c) if either person, but not both, is a rating under training to obtain one of those certificates.

  • (5) Subject to subsection (6), a second additional person is not required on board a stationary MOU, or on board any other vessel of more than 1 000 gross tonnage if that vessel is fitted with toilet facilities that are adjacent to the navigating bridge for the use of the deck watch, as well as fitted with the equipment listed in the schedule to this Part, which equipment shall be

    • (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 board a vessel that meets the requirements of subsection (5) if the use of the automatic steering system is prohibited by local by-laws or its use could interfere with prompt helm action in the following circumstances:

    • (a) restricted visibility;

    • (b) traffic density; or

    • (c) hazardous navigational situations.

Engineers

 Sections 218 to 226 do not apply in respect of

  • (a) vessels of less than 5 gross tonnage;

  • (b) vessels of open construction; and

  • (c) vessels propelled by outboard engines that are not permanently attached to the vessel.

 An Engineer certificate shall correspond to the vessel’s propulsion type as follows:

  • (a) in the case of a motor vessel 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 ship or motor-driven fishing vessel category.

  •  (1) A passenger-carrying vessel that is engaged on a voyage referred to in column 1 of the table to this subsection and that has a propulsive power within a range set out in column 2 shall have on board, and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that voyage and range, one person who holds, at a minimum, that certificate in the category appropriate to the vessel’s propulsion type.

    TABLE

    Engineer Certificates — Passenger-Carrying Vessels

    ItemColumn 1Column 2Column 3
    VoyagePropulsive Power (kW)Certificates
    1Unlimited voyage or, if the vessel is not operating only between Canadian ports, near coastal voyage, Class 1(a) 75 to 3 000(a) Second-class and Third-class
    (b) more than 3 000(b) First-class and Second-class
    2Near coastal voyage, Class 1, if operating only between Canadian ports(a) 75 to 4 000(a) Second-class
    (b) more than 4 000(b) First-class and Second-class
    3Near coastal voyage, Class 2(a) 75 to 999(a) Fourth-class
    (b) 1 000 to 3 999(b) Third-class
    (c) 4 000 to 7 000(c) Second-class
    (d) more than 7 000(d) First-class and Second-class
    4Limited near coastal voyage, Class 2 or sheltered waters voyage(a) 75 to 749(a) Small Vessel Machinery Operator
    (b) 750 to 1 499(b) subject to subsection (2), Fourth-class
    (c) 1 500 to 2 999(c) Third-class
    (d) 3 000 to 7 000(d) Second-class
    (e) more than 7 000(e) First-class and Third-class
  • (2) A passenger-carrying vessel that has a propulsive power of at least 750 kW but not more than 1 499 kW and that is engaged on a limited near coastal voyage, Class 2 or a sheltered waters voyage, of less than 6 hours’ duration, may have on board and its authorized representative may employ, a person who holds a Small Vessel Machinery Operator certificate, instead of the engineer required by paragraph (b) of column 3 of item 4 of the table to subsection (1), if

    • (a) the vessel has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and that duplication allows for continued propulsion and steering should one engine fail;

    • (b) the propulsion system is controlled from the bridge and has all the necessary gauges, alarms and engine and emergency controls;

    • (c) continuous radio contact is maintained with the home base;

    • (d) the authorized representative provides

      • (i) a list of pre-departure procedures and verifications, which procedures and verifications shall be carried out by the small vessel machinery operator before each departure, and

      • (ii) a maintenance schedule meeting the recommendations of the manufacturer of the main engines which maintenance shall be carried out by

        • (A) an engineer who holds at least a Fourth-class Engineer certificate, or

        • (B) a service firm accredited by the manufacturer of the main engines with which the authorized representative has entered into a maintenance contract; and

    • (e) records of the pre-departure procedures are readily available, for inspection by a marine safety inspector, on board the vessel or, if the vessel does not travel more than five nautical miles from its home port, readily available in its home port.

  •  (1) A cargo vessel that is engaged on a voyage set out in column 1 of the table to this subsection and has a propulsive power within a range set out in column 2 shall have on board, and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that voyage and range, one engineer who holds, at a minimum, that certificate in the category appropriate to the vessel’s propulsion type.

    TABLE

    Engineer Certificates — Cargo Vessels

    ItemColumn 1Column 2Column 3
    VoyagePropulsive Power (kW)Certificates
    1Unlimited voyage or, if not operating only between Canadian ports, near coastal voyage, Class 1(a) 750 to 1 999(a) Third-class with a chief engineer endorsement and Fourth-class with a second engineer endorsement
    (b) 2 000 to 3 000(b) Second-class and Third-class
    (c) more than 3 000(c) First-class and Second-class
    2Near coastal voyage, Class 1, if operating only between Canadian ports(a) 750 to 1 999(a) Third-class
    (b) 2 000 to 5 000(b) Second-class
    (c) more than 5 000(c) First-class and Second-class
    3Near coastal voyage, Class 1, if operating only in the Gulf of St. Lawrence and the Great Lakes Basin(a) 750 to 1 999(a) Third-class
    (b) 2 000 to 7 000(b) Second-class
    (c) more than 7 000(c) First-class and Second-class
    4Near coastal voyage, Class 2(a) 750 to 1 499(a) Fourth-class
    (b) 1 500 to 2 999(b) Third-class
    (c) 3 000 to 7 000(c) Second-class
    (d) more than 7 000(d) First-class and Third-class
    5Limited near coastal voyage, Class 2 or sheltered waters voyage(a) 750 to 1 999(a) Subject to subsection (2), Fourth-class
    (b) 2 000 to 4 000(b) Third-class
    (c) more than 4 000(c) Second-class
  • (2) A cargo vessel that has a propulsive power of at least 750 kW but not more than 1 999 kW and that is engaged on a limited near coastal voyage, Class 2 or a sheltered waters voyage, of less than 6 hours’ duration, may have on board and its authorized representative may employ, a person who holds a Small Vessel Machinery Operator certificate, instead of the engineer required by paragraph (a) in column 3 of item 5 of the table to subsection (1), if

    • (a) the vessel has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and that duplication allows for continued propulsion and steering should one engine fail;

    • (b) the propulsion system is controlled from the bridge and has all the necessary gauges, alarms and engine and emergency controls;

    • (c) continuous radio contact is maintained with the home base;

    • (d) the authorized representative provides

      • (i) a list of pre-departure procedures and verifications, which procedures and verifications shall be carried out by the small vessel machinery operator before each departure, and

      • (ii) a maintenance schedule meeting the recommendations of the manufacturer of the main engines, which maintenance shall be carried out by

        • (A) an engineer who holds at least a Fourth-class Engineer certificate, or

        • (B) a service firm, accredited by the manufacturer of the main engines, with which the authorized representative has entered into a maintenance contract; and

    • (e) records of the pre-departure procedures are readily available, for inspection by a marine safety inspector, on board the vessel or, if the vessel does not travel more than five nautical miles from its home port, readily available in its home port.

  •  (1) A tug that is engaged on a voyage set out in column 1 of the table to this subsection and that has a propulsive power within a range set out in column 2 shall have on board, and its authorized representative shall employ, for each certificate referred to in column 3 that corresponds to that voyage and range, one engineer who holds, at a minimum, that certificate in the category appropriate to that vessel’s propulsion type.

    TABLE

    Engineer Certificates — Tugs

    ItemColumn 1Column 2Column 3
    VoyagePropulsive Power (kW)Certificates
    1Unlimited voyage or, if not operating only between Canadian ports, near coastal voyage, Class 1(a) 750 to 1 999(a) Third-class with a chief engineer endorsement and Fourth-class with a second engineer endorsement
    (b) 2 000 to 3 000(b) Second-class and Third-class
    (c) more than 3 000(c) First-class and Second-class
    2Near coastal voyage, Class 1 if operating only between Canadian ports(a) 750 to 2 999(a) Third-class
    (b) 3 000 to 6 000(b) Second-class
    (c) more than 6 000(c) First-class and Second-class
    3Near coastal voyage, Class 2(a) 750 to 1 999(a) Subject to subsection (2), Fourth-class
    (b) 2 000 to 3999(b) Third-class
    (c) 4 000 to 7 000(c) Second-class
    (d) more than 7 000(d) First-class and Third-class
    4Limited near coastal voyage, Class 2 or sheltered waters voyage(a) 1 500 to 2 999(a) Subject to subsection (2), Fourth-class
    (b) 3 000 to 5 000(b) Subject to subsection (3), Third-class
    (c) more than 5 000(c) Subject to subsection (3), Second-class
  • (2) A tug that has a propulsive power of at least 750 kW but not more than 1 999 kW and that is engaged on a near coastal voyage, Class 2, or a tug that has a propulsive power of at least 1 500 kW but not more than 2 999 kW and that is engaged on a limited near coastal voyage, Class 2 or a sheltered waters voyage, of less than 6 hours’ duration, may have on board and its authorized representative may employ, a person who holds a Small Vessel Machinery Operator certificate, instead of the engineer required by paragraph (a) in column 3 of item 3 or 4 of the table to subsection (1), if

    • (a) the tug has a propulsion system comprised of at least two independent engines with respect to their control and fuel systems and that duplication allows for continued propulsion and steering should one engine fail;

    • (b) the propulsion system is controlled from the bridge with all necessary gauges, alarms and engine and emergency controls;

    • (c) continuous radio contact is maintained with the home base;

    • (d) the authorized representative provides

      • (i) a list of pre-departure procedures and verifications, which procedures and verifications shall be carried out by the small vessel machinery operator before each departure, and

      • (ii) a maintenance schedule meeting the recommendations of the manufacturer of the main engines, which maintenance shall be carried out by

        • (A) an engineer who holds at least a Fourth-class Engineer certificate, or

        • (B) a service firm accredited by the manufacturer of the main engines with which the authorized representative has entered into a maintenance contract; and

    • (e) records of the pre-departure procedures are readily available, for inspection by a marine safety inspector, on board the vessel or, if the vessel does not travel more than five nautical miles from its home port, readily available in its home port.

  • (3) A harbour tug of less than 500 gross tonnage that is not a passenger-carrying vessel, that is being used to assist a vessel to dock or undock and that is at no time more than five nautical miles from an accessible dock offering refuge may have on board and its authorized representative may employ, a person who holds a Small Vessel Machinery Operator certificate, instead of the person required by paragraph (b) or (c) in column 3 of item 4 of the table to subsection (1), if

    • (a) the harbour tug complies with the requirements applicable to periodically unattended machinery spaces under the Vessel Construction and Equipment Regulations or with Schedule VIII to the Marine Machinery Regulations, as the case may be;

    • (b) a shore engineer is available and ready to intervene should the master determine that the vessel requires immediate assistance;

    • (c) the authorized representative provides a list of pre-departure procedures and verifications, which procedures and verifications shall be carried out by the small vessel machinery operator before each departure;

    • (d) records of the pre-departure procedures are readily available, for inspection by a marine safety inspector, on board the vessel or, if the vessel does not travel more than five nautical miles from its home port, readily available in its home port; and

    • (e) continuous radio contact is maintained with the home base.

 

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