Marine Personnel Regulations (SOR/2007-115)

Application for Examination

271 An applicant for a medical examination under this Division shall make an application to the marine medical examiner, physician or registered nurse referred to in section 272 in the form established by the Minister.

Capacity to Conduct Medical Examination

• 272 (1) Subject to subsection (2), only a marine medical examiner may conduct a medical examination of and issue a provisional medical certificate to a seafarer to whom this Division applies under subsection 200(7).

• (2) Any physician or registered nurse may conduct a medical examination and issue a provisional medical certificate to a seafarer if there is no marine medical examiner within 200 km of

  • (a) the area of operation in Canadian waters of the vessel on board which the seafarer is employed or seeks to be employed; or

  • (b) the seafarer’s place of residence.

Medical Examination

273 A marine medical examiner, physician or registered nurse conducting a medical examination under this Division shall ensure that the seafarer is assessed in accordance with the requirements set out in section 270.

Aids to Vision and Hearing

274 A seafarer who is required to use an aid to vision or hearing to meet the requirements set out in section 270 shall

• (a) in every case, use the aid to perform their duties on board a vessel;

• (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.

Provisional Medical Certificates

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

  • (a) provide to the Minister

    • (i) except in the case set out in paragraph (c), a copy of the provisional medical certificate that, subject to section 276, is in the form established by the Minister,

    • (ii) the original copy of the completed medical examination report form, and

    • (iii) any other relevant medical report;

  • (b) except in the case set out in paragraph (c), issue a provisional medical certificate to the seafarer; and

  • (c) in the case where the seafarer is considered unfit for sea service, provide a provisional letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, as the case may be, attesting to their refusal to issue a provisional medical certificate and giving the reasons for determining that the seafarer is unfit for sea service.

• (2) The marine medical examiner, physician or registered nurse, as the case may be, shall

  • (a) except in the case set out in paragraph (1)(c), set out in the provisional medical certificate their assessment of the seafarer’s suitability as

    • (i) fit for sea service without limitations, or

    • (ii) fit for sea service with limitations, as specified in the certificate; and

  • (b) if they issue a provisional medical certificate but remain uncertain as to the seafarer’s medical fitness, request that the Minister take one or more of the actions set out in paragraphs 278(2)(a) to (c) and issue a decision referred to in subsection 278(4).

• (3) The validity period of a provisional medical certificate ends on the earliest of

  • (a) the date of issuance of a medical certificate by the Minister or the date of a letter from the Minister declaring the Minister’s refusal to issue a medical certificate,

  • (b) 6 months after the date of issuance of the provisional medical certificate if the certificate is not renewed, and

  • (c) 1 year after the date of issuance of the provisional medical certificate if the certificate is renewed.

• (4) The provisional medical certificate referred to in subparagraph (2)(a)(ii) shall be accompanied by a supporting letter, addressed to the seafarer and the Minister and signed by the marine medical examiner, physician or registered nurse, as the case may be, giving the reasons for determining that the seafarer is fit for sea service with limitations.

276 For the purposes of this Division, the Minister may accept a provisional medical certificate with respect to a seafarer provided to the Minister by a marine industry association following a medical examination performed, at the request of the association, by a marine medical examiner, despite the fact that the certificate is not in the form established by the Minister, but only if it meets the requirements of section 275.

Contestation of the Results of a Medical Examination

• 277 (1) The following persons may submit a memorandum to the Minister contesting a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate with respect to a seafarer:

  • (a) the seafarer’s employer;

  • (b) the seafarer’s prospective employer; and

  • (c) the seafarer if they have been declared

    • (i) unfit for sea service and have been refused a medical certificate, or

    • (ii) fit for sea service with limitations.

• (2) If the provisional medical certificate declaring the holder to be fit for sea service or fit for sea service with limitations remains in force, a seafarer’s employer or prospective employer who, taking into account the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy, has grounds to believe that the seafarer’s state of health might constitute a risk to the safety of the vessel on board which they occupy or seek to occupy a position or to the safety of other persons on board, may submit a memorandum to the Minister requesting that the Minister take at least one of the actions set out in subsection 278(2).

Issuance of a Medical Certificate or Letter of Refusal to Issue One

• 278 (1) A seafarer who has received a provisional medical certificate declaring them fit for sea service with limitations or a provisional letter of refusal to issue a provisional medical certificate, may, within 30 days after receiving the document, request from the Minister a reconsideration of that decision.

• (2) On receiving a request under subsection (1), the Minister shall take at least one of the following actions:

  • (a) direct that further medical examinations or tests be carried out and, if the Minister wishes, stipulate the nature of the examinations or tests required and the persons or organizations to carry them out;

  • (b) consult any expert on the medical fitness of the seafarer or the occupational and operational requirements of the position that the seafarer occupies or could occupy if the seafarer had the required medical certificate; and

  • (c) name a medical reconsideration committee that will function in accordance with the procedures set out in section 279 and that will be responsible for giving the Minister its recommendations concerning a provisional medical certificate or a provisional letter of refusal to issue a provisional medical certificate, a copy of which was sent under section 275 or 276, which committee shall be comprised of the following persons acting as referees:

    • (i) a physician who is independent of the shipowner and any organization of shipowners or seafarers,

    • (ii) a marine occupational expert who is independent of the shipowner and any organization of shipowners or seafarers and who holds a certificate of competency valid under these Regulations that would permit the expert to evaluate the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy, and

    • (iii) a member of the marine industry who is acceptable to the seafarer.

• (3) If the Minister receives a copy of a provisional medical certificate issued under section 275 or 276, a provisional letter of refusal to issue a provisional medical certificate or a memorandum submitted under section 277 and has reason to believe, taking into account the criteria set out in subsection (5), that the provisional medical certificate or the provisional letter of refusal to issue one is incomplete or erroneous, the Minister may take any of the actions set out in paragraphs (2)(a) to (c).

• (4) After having taken into consideration the provisional medical certificate or the provisional letter of refusal to issue a provisional medical certificate, the health of the seafarer to whom it was issued, any memorandum submitted under section 277 and any recommendation made by the persons referred to in paragraphs (2)(a) to (c), the Minister shall reconsider that certificate or letter in accordance with the criteria set out in subsection (5) and

  • (a) issue a Canadian maritime document in the form of a medical certificate declaring the seafarer, taking into account the specific requirements of subsection 270(1), as

    • (i) fit for sea service without limitations,

    • (ii) fit for sea service with limitations, as specified in the certificate; or

  • (b) issue, sign and cause to be filed, a letter of refusal to issue a medical certificate, giving the reasons for determining that the seafarer is unfit for sea service and refusing to issue that Canadian maritime document.

• (5) The Minister’s decision with regard to any medical certificate shall be based on the following criteria:

  • (a) the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy;

  • (b) the level of risk involved in the position referred to in paragraph (a) with regard to

    • (i) the seafarer,

    • (ii) other seafarers and, if applicable, the passengers on board the vessel on which the position exists,

    • (iii) the vessel on board which the position exists, and

    • (iv) the health and safety of the general public; and

  • (c) any relevant consideration linked to human rights as set out in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

• (6) A medical certificate referred to in subparagraph (4)(a)(ii) shall be accompanied by a supporting letter, signed and placed on file, giving the reasons for determining that the seafarer is fit for sea service with limitations.

Medical Reconsideration Procedure for a Provisional Medical Certificate

• 279 (1) The Chairperson of the medical reconsideration committee is the marine occupational expert, and all decisions of the committee are by a simple majority.

• (2) After reconsidering the provisional medical certificate or the letter of refusal to issue one and the state of health of the seafarer to whom a certificate or letter was issued, the medical reconsideration committee may direct that further medical examinations or tests be carried out and may stipulate the nature of the examinations or tests and the persons or organizations to carry them out.

• (3) The medical reconsideration committee shall recommend to the Minister whether the Minister should issue, with regard to the seafarer, a medical certificate or a letter of refusal to issue a medical certificate.

• (4) The medical reconsideration committee shall base its recommendations on the following criteria:

  • (a) the occupational and operational requirements of the position that the seafarer occupies or seeks to occupy;

  • (b) the level of risk involved in the position referred to in paragraph (a) with regard to

    • (i) the seafarer,

    • (ii) other seafarers and, if applicable, the passengers on board the vessel on which the position exists,

    • (iii) the vessel on board which the position exists, and

    • (iv) the health and safety of the general public; and

  • (c) any relevant consideration linked to human rights as set out in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

Contestation of the Results of a Medical Certificate with Limitations

• 280 (1) The Transportation Appeal Tribunal of Canada has jurisdiction over reviews and appeals with regard to any medical certificate declaring the seafarer fit for sea service with limitations.

• (2) A seafarer who is issued a medical certificate declaring them fit for sea service with limitations under subparagraph 278(4)(a)(ii) may request a review of that certificate by the Tribunal.

• (3) The review procedure set out in subsections 16.1(2) to (5) of the Act applies to a review of a medical certificate declaring a seafarer fit for sea service with limitations.

• (4) A seafarer may appeal to the Tribunal a determination made under paragraph 16.1(5)(b) of the Act.

• (5) The appeal procedure set out in section 20.5 of the Act applies to an appeal by a seafarer of a decision made under subsection 16.1(5) of the Act.

Medical Examination Costs

• 281 (1) Subject to subsections (2) and (3) and any applicable collective bargaining agreement, a seafarer who has applied for a medical examination under section 271 shall bear the costs of any medical examination or test undergone that results in their receiving one of the following documents:

  • (a) a provisional medical certificate;

  • (b) a medical certificate;

  • (c) a provisional letter of refusal to issue a provisional medical certificate; or

  • (d) a letter of refusal to issue a medical certificate.

• (2) An employer or prospective employer who submits a memorandum under section 277 shall assume any related costs.

• (3) If the Minister has received a copy of a provisional medical certificate issued under section 275 or 276 or a provisional letter of refusal to issue a provisional medical certificate and has taken any of the actions set out in paragraphs 278(2)(b) and (c), the Minister shall assume any related costs.

[282 to 299 reserved]