136, No. 9 — April 24, 2002

Registration
SOR/2002-150 11 April, 2002

CANADA SHIPPING ACT

Regulations Amending the Marine Certification Regulations

P.C. 2002-548 11 April, 2002

Whereas, pursuant to subsection 111(1) (see footnote a)  of the Canada Shipping Act, a copy of the proposed Regulations Amending the Marine Certification Regulations, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on October 7, 2000 and a reasonable opportunity was thereby afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 110(1) (see footnote b)  of the Canada Shipping Act, hereby makes the annexed Regulations Amending the Marine Certification Regulations.

REGULATIONS AMENDING THE MARINE CERTIFICATION REGULATIONS

AMENDMENTS

1. Section 2 of the Marine Certification Regulations (see footnote 1)  is amended by striking out the word "and" at the end of paragraph (z.39) and by adding the following after paragraph (z.40):

• (z.41) ro-ro passenger, level 1;
  (z.42) ro-ro passenger, level 2; and
  (z.43) proficiency in fast rescue boats.

2. Section 4 of the Regulations is replaced by the following:

4. (1) Subject to subsection (2), a certificate, other than a continued proficiency certificate, for which any of the following courses is required may be granted only if the course is successfully completed within the five years before the date of the application:

• (a) marine emergency duties;
  (b) simulated electronic navigation; or
  (c) propulsive plant simulation.

(2) If the applicant successfully completed the course five years or more before the date of the application, the following shall be accepted instead of completion of the course:

• (a) a certificate of successful completion, at a recognized institution, of a refresher course in that subject within the five years before the date of the application; or
  (b) 12 months of relevant service on board a ship during the five years before the date of the application.

3. Subparagraph 17(4)(a)(ii) of the Regulations is replaced by the following:

• • (ii) ship construction and engineering knowledge, and

4. Subsection 18(4) of the Regulations is replaced by the following:

(4) Every applicant for a first mate, local voyage certificate shall

• (a) pass a written examination on each of the following subjects:
  • (i) ship stability, and
    (ii) engineering knowledge; and
  (b) after fulfilling the service requirements of subsection (2), pass an oral examination on general seamanship.

5. Paragraph 19(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

6. Paragraph 20(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

7. (1) Paragraph 21(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

(2) Paragraph 21(1)(d) of the Regulations is amended by striking out the word "and" at the end of subparagraph (i), by adding the word "and" at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

• • (iii) ship stability;

8. (1) Subsection 22(1) of the French version of the Regulations is replaced by the following:

22. (1) Le candidat au brevet de capitaine avec restrictions prévu au présent article doit, en plus de satisfaire aux exigences de la partie 1 après avoir répondu aux exigences relatives au temps de service applicables au brevet demandé, réussir les examens oral, pratique et écrit sur des questions liées au secteur d'exploitation et au type de navire visés par le brevet.

(2) Paragraph 22(2)(a) of the Regulations is replaced by the following:

• (a) acquire two months of service performing deck department duties on a ship that is of a tonnage and that engages on voyages similar to the tonnage and voyages of the ship for which the certificate is sought; and

(3) Paragraph 22(3)(a) of the Regulations is replaced by the following:

• (a) acquire two months of service performing deck department duties on a ship that is of a tonnage and that engages on voyages similar to the tonnage and voyages of the ship for which the certificate is sought; and

(4) The portion of subsection 22(5) of the Regulations before paragraph (a) is replaced by the following:

(5) Every applicant for a master, limited certificate for a ship of more than 60 tons, other than a certificate referred to in subsection (4), (6), (7) or (8), shall

(5) Section 22 of the Regulations is amended by adding the following after subsection (7):

(8) Every applicant for a master, limited certificate for a passenger ship of more than 60 tons that is not a short-run ferry or an intermediate-run ferry and is used for a seasonal operation between March 31 and December 1 in any year in minor waters within five nautical miles of shore shall provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in marine emergency duties with respect to small vessel safety, survival craft and marine fire fighting.

9. Section 23 of the Regulations is amended by adding the following after subsection (7):

(8) Every applicant for a first mate, limited certificate for a passenger ship of more than 60 tons that is not a short-run or intermediate-run ferry and is used for a seasonal operation between March 31 and December 1 in any year in minor waters within five nautical miles of shore shall provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in marine emergency duties with respect to small vessel safety, survival craft and marine fire fighting.

10. (1) Paragraph 24(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

(2) Subparagraph 24(1)(d)(i) of the Regulations is repealed.

(3) Subparagraphs 24(1)(d)(iii) and (iv) of the Regulations are replaced by the following:

• • (iii) after obtaining a watchkeeping mate, ship certificate or a fishing master, second-class certificate, ship stability,
    (iv) after obtaining a watchkeeping mate, ship certificate or a fishing master, second-class certificate, general ship knowledge including engineering knowledge, and

(4) Subsection 24(2) of the Regulations is replaced by the following:

(2) An applicant shall have acquired 12 months of service as an officer in charge of the watch after obtaining a watchkeeping mate, ship certificate or a fishing master, second-class certificate on a ship of not less than 25 tons engaged on voyages beyond the limits of partially smooth waters.

11. (1) Paragraph 25(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

(2) Subparagraph 25(1)(c)(i) of the Regulations is replaced by the following:

• • (i) marine emergency duties
    • (A) with respect to survival craft,
      (B) with respect to marine fire fighting,
      (C) for officers, and
      (D) for senior officers, and

(3) Subparagraphs 25(1)(d)(ii) and (iii) of the Regulations are replaced by the following:

• • (ii) after 9 months of service as described in subsection (2), ship stability,

(4) Subparagraph 25(1)(d)(vi) of the Regulations is replaced by the following:

• • (vi) after 9 months of service as described in subsection (2), general ship knowledge, including engineering knowledge;

(5) Subsection 25(2) of the Regulations is replaced by the following:

(2) An applicant shall, while holding a watchkeeping mate, ship certificate or fishing master, third-class certificate, have acquired 12 months of service as an officer in charge of the watch on a ship of not less than 25 tons engaged on voyages beyond the limits of partially smooth waters.

12. (1) Paragraph 26(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

(2) Paragraph 26(1)(d) of the Regulations is amended by striking out the word "and" at the end of subparagraph (iv) and by replacing subparagraph (v) with the following:

• • (v) after 12 months of service as described in subsection (2), general ship knowledge, including engineering knowledge,
    (vi) after 9 months of service as described in subsection (2), meteorology, and
    (vii) after 18 months of service as described in subsection (2), ship stability; and

(3) Subsection 26(2) of the Regulations is replaced by the following:

(2) An applicant shall have acquired 24 months of service, or 12 months of service while holding a fishing master, fourth-class certificate, on a ship of not less than 25 tons engaged on voyages beyond the limits of partially smooth waters.

13. (1) Paragraph 27(1)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act;

(2) Paragraph 27(2)(b) of the Regulations is replaced by the following:

• (b) provide the examiner with a Restricted Operator Certificate — Maritime Commercial issued to the applicant under paragraph 5(1)(a) of the Radiocommunication Act; and

14. (1) Subparagraph 31(4)(a)(i) of the Regulations is repealed.

(2) Subparagraph 31(4)(a)(vi) of the Regulations is replaced by the following:

• • (vi) either
    • (A) blueprint interpretation and sketching, or
      (B) drawing, and

(3) Subsection 31(7) of the Regulations is repealed.

15. Subparagraph 32(3)(a)(vi) of the Regulations is replaced by the following:

• • (vi) either
    • (A) blueprint interpretation and sketching, or
      (B) drawing, and

16. Paragraph 40(a) of the Regulations is replaced by the following:

• (a) fulfil one of the following requirements:
  • (i) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in marine emergency duties with respect to small vessel safety, or
    (ii) pass a practical examination on marine emergency duties with respect to small vessel safety, using the ship's equipment for marine emergencies, and an oral examination on that subject; and

17. The heading before section 48 of the Regulations is replaced by the following:

Proficiency in Survival Craft, Restricted Proficiency in Survival Craft and Proficiency in Fast Rescue Boats

18. (1) Paragraphs 48(1)(a) to (c) of the Regulations are replaced by the following:

• (a) acquire six months of service on a ship and provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, within the five years before the date of the application, of courses in marine emergency duties with respect to survival craft; or
  (b) if the applicant successfully completed, at a recognized institution, more than five years before the date of the application, courses in marine emergency duties with respect to survival craft, provide proof of six months of relevant service on a ship within the five years before the application.

(2) Section 48 of the Regulations is amended by adding the following after subsection (2):

(3) Every applicant for a certificate of proficiency in fast rescue boats shall, in addition to meeting the requirements set out in Part 1,

• (a) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of courses in
  • (i) marine emergency duties with respect to survival craft, and
    (ii) proficiency in fast rescue boats; and
  (b) pass a practical examination on operating fast rescue boats in various conditions and righting them after capsize.

19. Section 59 of the Regulations is renumbered as subsection 59(1) and is amended by adding the following:

(2) Despite subsection (1), every applicant for an oil tanker, level 1 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service, within the five years before the date of the application, on an oil tanker or a chemical tanker, while holding an oil tanker, level 1 certificate, performing duties relating to the loading, discharging or transfer of cargo and cargo equipment; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of a course in advanced oil tanker safety.

20. Section 60 of the Regulations is amended by adding the following after subsection (2):

(3) Despite subsection (1), every applicant for an oil tanker, level 2 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service, within the five years before the date of the application, on an oil tanker or chemical tanker, while holding an oil tanker, level 2 certificate, as master, chief engineer, watchkeeping mate or engineer; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of courses in
  • (i) advanced oil tanker safety, and
    (ii) cargo and emergency management.

21. (1) Section 61 of the Regulations is renumbered as subsection 61(1).

(2) Paragraph 61(1)(c) of the Regulations is replaced by the following:

• (c) have acquired three months of service, within the five years before the date of the application, on a chemical tanker, performing duties relating to the loading, discharging or transfer of cargo and cargo equipment, or provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in advanced chemical tanker safety.

(3) Section 61 is amended by adding the following after subsection (1):

(2) Despite subsection (1), every applicant for a chemical tanker, level 1 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service within the five years before the date of the application, on a chemical tanker, while holding a chemical tanker, level 1 certificate, performing duties relating to the loading, discharging or transfer of cargo and cargo equipment; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of a course in advanced chemical tanker safety.

22. Section 62 of the Regulations is amended by adding the following after subsection (2):

(3) Despite subsection (1), every applicant for a chemical tanker, level 2 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service, within the five years before the date of the application, on a chemical tanker, while holding a chemical tanker, level 2 certificate, as master, chief engineer, watchkeeping mate or engineer; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of courses in
  • (i) advanced chemical tanker safety, and
    (ii) cargo and emergency management.

23. Section 63 of the Regulations is renumbered as subsection 63(1) and is amended by adding the following:

(2) Despite subsection (1), every applicant for a liquefied gas tanker, level 1 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service within the five years before the date of the application, on a liquefied gas tanker, while holding a liquefied gas tanker, level 1 certificate, performing duties relating to the loading, discharging or transfer of cargo and cargo equipment; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of a course in advanced liquefied gas tanker safety.

24. Section 64 of the Regulations is amended by adding the following after subsection (2):

(3) Despite subsection (1), every applicant for a liquefied gas tanker, level 2 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations,

• (a) have acquired three months of service, within the five years before the date of the application, on a liquefied gas tanker, while holding a liquefied gas tanker, level 2 certificate, as master, chief engineer, watchkeeping mate or engineer; or
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of courses in
  • (i) advanced liquefied gas tanker safety, and
    (ii) cargo and emergency management.

25. The Regulations are amended by adding the following after section 65:

Ro-Ro Passenger, Level 1

65.1 (1) Every applicant for a ro-ro passenger, level 1 certificate shall, in addition to meeting the requirements set out in Part 1,

• (a) hold a certificate listed in any of paragraphs 2(z.17) to (z.23); and
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in ro-ro passenger safety, level 1.

(2) Despite subsection (1), every applicant for a ro-ro passenger, level 1 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations, provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of a refresher course in ro-ro passenger safety.

Ro-Ro Passenger, Level 2

65.2 (1) Every applicant for a ro-ro passenger, level 2 certificate shall, in addition to meeting the requirements set out in Part 1,

• (a) hold a master, mate or engineer certificate; and
  (b) provide the examiner with a certificate of the applicant's successful completion, at a recognized institution, of a course in ro-ro passenger safety, level 2.

(2) Despite subsection (1), every applicant for a ro-ro passenger, level 2 certificate who held such a certificate shall, if the certificate had become invalid under paragraph 3(1)(b.1) of the Crewing Regulations, provide the examiner with a certificate of the applicant's successful completion, at a recognized institution and within the five years before the date of the application, of a refresher course in ro-ro passenger safety.

26. Item 3 of Schedule 2 to the French version of the Regulations is replaced by the following:

3. Endroit où se déroulent les examens ainsi que la date et la matière de chaque examen

COMING INTO FORCE

27. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)

Description

The amendments to the Marine Certification Regulations and the Crewing Regulations are designed to include or update provisions required as a result of Canada's acceptance, on November 9, 1998, of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, (STCW 1978) as amended in 1995 (STCW 1995) and accepted by the International Maritime Organization (IMO) on August 1, 1996. The amendments to these Regulations also include some technical changes to make the regulatory provisions consistent.

Regulations Amending the Marine Certification Regulations

The Marine Certification Regulations prescribe the qualifications, training and certification standards required of crewmembers of Canadian commercial vessels, mobile offshore units and Safety Convention ships.

The amendments cover such minor policy changes as alternate ways to meet the qualifications by having practical experience and changing requirements to be more directly related to the particular certificate sought.

The amendments include requirements for the issue and re-issue of certificates for personnel on ro-ro passenger ships, as well as for the re-issue of certificates for personnel on tankers, to meet Canada's obligations under the STCW 1995.

Regulations Amending the Crewing Regulations

The Crewing Regulations prescribe the levels of training, qualifications and fitness of all ships personnel.

The new Oceans Act repealed the Territorial Sea and Fishing Zones Act and made consequential amendments to the Interpretation Act, the Canada Shipping Act and other Acts with respect to, among other things, the definition of "waters". Consequently, the definition of "waters under Canadian jurisdiction" has been amended accordingly in these Regulations. As well, the regulations include an amendment that prohibits ships from navigating in waters under Canadian jurisdiction unless they comply with the regulations and makes some requirements less onerous while at the same time ensuring safety.

The amendments update references to the standard for medical examinations, TP 11343 (Medical Examination of Seafarers — Physician's Guide). The amendments introduce the requirement for seafarers who use hearing aids to have replacement batteries for the aids on board ship. They also increase the ability of seafarers to meet the medical requirements by introducing alternative methods of testing for meeting the colour vision requirements in the standard. In addition, they allow for medical examinations to be conducted by a physician or a registered nurse when there is no designated physician within a 200 km radius of the area in which a ship is operating.

The amendments limit the period of validity of tanker certificates and ro-ro passenger certificates to five years, to meet Canada's obligations under the STCW 1995.

In addition, the amendments will give effect to the international requirement for companies to ensure that seafarers have received familiarization training in their duties and can also demonstrate effectiveness in coordinating emergency activities on board a ship.

Finally, the Crewing Regulations are amended by replacing references to TP 4071 (Standard for Engineering Watchkeeping on Ships, published in 1983) and TP 1018 (Code of Nautical Procedures and Practices, published in 1985) with specific references to STCW 1995.

Regulations Amending The Charts And Nautical Publications Regulations, 1995

The Charts and Nautical Publications Regulations, 1995 prescribe the charts and relevant nautical publications required to be carried by vessels appropriate to their area of operation.

Section 1 of the schedule to the Charts and Nautical Publications Regulations, 1995, which refers to the Code of Nautical Procedures and Practices, 1985 (TP 1018), is repealed.

Alternatives

As Canada is a signatory to the STCW 1978 and accepted the 1995 amendments, no other alternative to amending the existing regulations was considered.

These changes were also put forward by industry and government representatives participating in the Canadian Marine Advisory Council (CMAC) Working Groups and were recommended for implementation.

Benefits and Costs

The 1995 amendments made to STCW 1978 will contribute to raising safety standards in the maritime community and assist in removing substandard operators from that community. Other significant contributors include the new Safety of Life at Sea Convention (SOLAS), International Safety Management (ISM) Code and its new approach to safety management, operation of ships and pollution prevention which entered into force on July 1, 1998. The ISM Code is mandatory for Canadian Safety Convention ships and voluntary for others.

Following an analysis of marine incidents, the international community concluded that establishing improved ship-operating practices and procedures could enhance ship safety. The human factor has been identified as playing an important part in almost half of all accident insurance claims. Human error includes such things as fatigue, inattention or inadequate lookout, and incorrect use of navigational equipment. The issue of crew competence is often linked to issues of operator proficiency and due diligence. The human factor element in accident reduction is of overwhelming importance. If the accident record of ships is to be reduced, improved training and standards by which certificates of competency are issued is a major priority.

It is difficult to measure the precise cost. The cost implications associated with the implementation of the STCW 1995 amendments are expected to increase time constraints on operations initially for ship owners and operators. This is due to the fact that it will impose a more structured approach to training both ashore and on board ship. On the other hand, better-trained seafarers are expected to result in fewer incidents, less disruptions to a ship's operation and a potential reduction in insurance claims. This would provide an immediate benefit to the entire industry. In the long term, the benefits are expected to outweigh the cost of implementing these changes. The changes will also meet public expectations in the area of safety and protection of the environment.

Consultation

To date, the marine industry and affected groups have been kept up-to-date on the international development of the amendments to the STCW 1978 since May 1996 through meetings of CMAC. A special committee was set up to consider and discuss issues arising from the STCW 1995 amendments.

Most of the comments received from stakeholders on the proposed amendments to the Marine Certification Regulations and the Crewing Regulations that were published in the Canada Gazette, Part I, were in respect of clarifications. In addition, minor amendments were made to clarify the French version of the text. The following are the amendments that were made as a result of the comments received.

Marine Certification Regulations

To reflect a change to the name of certificate issued by Industry Canada, the reference to "Restricted Operator Certificate with Maritime Qualification" has been changed to "Restricted Operator Certificate — Maritime Commercial".

Specification of the course level required for ro-ro passenger certification was added (i.e., level 1 and level 2).

In addition, regarding Master, Limited and First Mate, Limited certificates, on further review it was decided that the option of a practical and oral exam in lieu of a Marine Emergency Duties (MED) course would not promote consistency in application. Therefore, the status quo will remain.

Crewing Regulations

References to the Certification of Lifeboat Men Regulations and the Certification of Ships' Cooks Regulations were added to paragraph 2(1)(b) because certificates under both of those Regulations were issued before July 30, 1997.

For further clarity, a definition "Registered Nurse" (a nurse registered or licensed under the laws of a province) was added to section 60.

Section 63 was amended to clarify that it applies to only those seafarers to whom Division 8 applies.

As well, in subsection 65(4), for further clarity the reference to a "ship" has been modified by adding "that is operating in waters under Canadian jurisdiction".

Compliance and Enforcement

Compliance with the requirements of these Regulations is overseen through the ship inspection program carried out by officers of the Transport Canada, Marine Safety Directorate and Regional Offices. As the current inspection program will continue to be used there will be no additional inspection costs.

Designated physicians and registered nurses will be responsible for administering medical examinations of seafarers. The Transport Canada Medical Advisor will review medical assessments in accordance with the standards set out in TP 11343 under the current memorandum of understanding.

Contacts

• Patricia Sommerville, AMSX
  Project Manager
  Canada Shipping Act Reform
  Marine Safety Directorate
  Department of Transport
  11th Floor, Place de Ville, Tower C
  330 Sparks Street
  Ottawa, Ontario
  K1A 0N8
  Telephone: (613) 991-2277
  FAX: (613) 991-5670

• Captain John A. Clarkson, AMSP
  A/Director
  Marine Personnel Standards and Pilotage
  Marine Safety Directorate
  Department of Transport
  10th Floor, Place de Ville, Tower C
  330 Sparks Street
  Ottawa, Ontario
  K1A 0N8
  FAX: (613) 990-1538

Footnote a 

R.S., c. 6 (3rd Supp.), s.9

Footnote b 

R.S., c. 6 (3rd Supp.), s.9

Footnote 1 

SOR/97-391

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