Marine Personnel Regulations (SOR/2007-115)

PART 2Crewing

DIVISION 1General

Application

• 200 (1) Division 2 applies in respect of self-propelled Canadian vessels, other than cable ferries to which only section 205 applies, that are engaged on a voyage.

• (2) Division 3 applies in respect of MOUs that are Canadian vessels, on station for the purpose of petroleum exploration or production, except MOUs in the Great Lakes Basin or waters to which the Canada – Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act applies.

• (3) Division 4 applies in respect of foreign vessels that are in Canadian waters except MOUs in waters to which the Canada Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act applies.

• (4) Division 5 applies in respect of all vessels that are not laid up and that are securely

  • (a) anchored in port; or

  • (b) moored to shore.

• (5) Division 6 applies in respect of Canadian vessels that are special design craft such as high-speed crafts, air cushion vessels, wing-in-ground crafts, passenger submersible crafts, sail training vessels and any other sailing vessels.

• (6) Division 7 applies in respect of vessels that are not securely anchored in port or securely moored to shore and that are

  • (a) Canadian vessels that are required to be fitted with a radio installation under the Navigation Safety Regulations, 2020; or

  • (b) foreign vessels in Canadian waters that are fitted with a ship station.

• (7) Division 8 applies in respect of seafarers who are or who seek to be members of the complement of a Canadian vessel and who

  • (a) are or would be required by this Part to hold a certificate issued under

    • (i) Part 1, except under section 138, 143, 151 or 174 or, in the case of a vessel that is not a passenger-carrying vessel, section 131, or

    • (ii) the Canada Shipping Act;

  • (b) are or would be employed by the authorized representative to work on board a vessel of at least 200 gross tonnage, other than a fishing vessel, that is

    • (i) engaged in a commercial operation, and

    • (ii) engaged on an unlimited voyage or a near coastal voyage, Class 1;

  • (c) are or would be employed by the authorized representative to work on board a vessel, other than a fishing vessel, that is engaged on an international voyage other than an inland voyage; or

  • (d) if an application has been made under section 334 or 335 in respect of a fishing vessel, is or would be employed by the authorized representative to work on board a fishing vessel that is

    • (i) engaged in a commercial operation and on an unlimited voyage or a near coastal voyage, Class 1, or

    • (ii) engaged on an international voyage.

General Prohibition

201 No Canadian vessel shall navigate anywhere and no foreign vessel shall navigate in Canadian waters unless the requirements of this Part are met.

Safe Manning Requirements

• 202 (1) The authorized representative of a Safety Convention vessel shall ensure that the vessel meets the safe manning requirements established for the vessel by the Administration in accordance with IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it.

• (2) If one of the safe manning requirements established in accordance with subsection (1) sets out that a person shall hold a certificate, the certificate shall be

  • (a) issued or endorsed by the Administration; and

  • (b) endorsed as meeting the requirements of the STCW Convention.

• (3) The authorized representative of a Canadian vessel shall apply to the Minister for the following document and the Minister shall issue the document following that application:

  • (a) in the case of a Safety Convention vessel, a Safe Manning Document that complies with IMO Resolution A.890(21), Principles of Safe Manning, or any other resolution that replaces it; and

  • (b) in the case of a vessel that is not a Safety Convention vessel and that is required to carry an inspection certificate, a Safe Manning Document, valid for a maximum of 5 years after the day of its issuance, that specifies

    • (i) the minimum number of members of the complement,

    • (ii) the certificates required to be held by the members of the complement,

    • (iii) any endorsements, conditions or limitations on the certificates referred to in subparagraph (ii),

    • (iv) the voyages that the vessel is authorized to engage on, and

    • (v) if applicable, the number of passengers that the vessel is authorized to have on board.

• (4) Paragraph (3)(b) does not apply until the later of

  • (a) the date of the next periodical inspection of the vessel, and

  • (b) 1 year after the day on which this section comes into force.

• (5) The authorized representative of a Canadian Safety Convention vessel or a vessel that is required to carry an inspection certificate shall ensure that the Safe Manning Document issued by the Minister for that vessel under subsection (3) is carried on board.

Inspection of Certificates and Endorsements

203 The master of a vessel or the offshore installation manager of an MOU to which Division 3 applies shall ensure that the certificates and endorsements required by these Regulations are kept readily available on board the vessel for inspection by a marine safety inspector.

Dispensations

204 If no person holding a certificate or an endorsement required by these Regulations is available to occupy a position in respect of which that certificate or endorsement is necessary, the Minister may, in accordance with Article VIII of the STCW Convention, grant a dispensation permitting a specified person to serve in that position on board a specified vessel until the earlier of

• (a) the day on which a holder of that certificate or endorsement is available, and

• (b) 6 months after the date on which the dispensation is granted.

DIVISION 2Canadian Vessels

Training and Familiarization

• 205 (1) The master and the authorized representative of a vessel shall ensure that any person assigned a function on that vessel receives the on-board familiarization and safety training set out in TP 4957 before they start to perform any duty on board the vessel.

• (2) Subject to subsections (3) and (4), the master and the authorized representative of a vessel shall ensure that every member of the complement who is required to be on board in order for the vessel to meet the safe manning requirements of this Part holds a training certificate in marine emergency duties with respect to STCW basic safety.

• (3) The master and the authorized representative of a vessel described in column 1 of the table to this subsection shall ensure that every member of the complement who is required to be on board in order for the vessel to meet the safe manning requirements of this Part obtains, before acquiring a total of 6 months of sea service, at least one of the training certificates in marine emergency duties set out as applicable in columns 2 to 4 or, if applicable, the Pleasure Craft Operator Card referred to in column 5.

  Item	Column 1	Column 2	Column 3	Column 4	Column 5
  	Vessel Type and Voyage Classification	MED with respect to basic safety	MED with respect to small passenger vessel safety	MED with respect to small non-pleasure vessel basic safety	Pleasure Craft Operator Card
  1	A fishing vessel of not more than 15 gross tonnage engaged on a voyage less than 25 nautical miles from shore	Applicable	Applicable	Applicable	Applicable to sheltered waters voyages and voyages less than two nautical miles from shore
  2	A fishing vessel of more than 15 gross tonnage and not more than 150 gross tonnage engaged on a voyage less than 25 nautical miles from shore	Applicable	Applicable	Applicable
  3	A fishing vessel engaged on a voyage beyond the limits of a near coastal voyage, Class 2	Applicable	Applicable
  4	A vessel other than a fishing vessel of not more than 15 gross tonnage or less than 12 m in overall length engaged on a voyage not more than 25 nautical miles from shore	Applicable	Applicable	Applicable
  5	A vessel other than a fishing vessel of more than 15 gross tonnage and not more than 150 gross tonnage, that is not a passenger-carrying vessel, engaged on a sheltered waters voyage	Applicable	Applicable	Applicable
  6	A passenger-carrying vessel, other than a ferry, of not more than 150 gross tonnage, with unberthed accommodations, engaged on a sheltered water voyage, if the vessel does not operate only on a seasonal basis between March 31 and December 1 of each year	Applicable	Applicable	Applicable
  7	A ferry of not more than 150 gross tonnage, of single deck open construction, engaged on a sheltered waters voyage	Applicable	Applicable	Applicable
  8	A vessel that is not more than 8 m in overall length, other than a fishing vessel or a tug, and that is not a passenger-carrying vessel	Applicable	Applicable	Applicable	Applicable to sheltered waters voyages and voyages less than two nautical miles from shore
  9	A vessel that is not more than 8 m in overall length, other than a fishing vessel or a tug, that carries six or fewer passengers, and that is engaged on a sheltered waters voyage	Applicable	Applicable	Applicable	Applicable
  10	Subject to subsection (4), any other vessel engaged on a sheltered waters voyage or on a near coastal voyage, Class 2	Applicable	Applicable

• (4) The master and the authorized representative of a passenger-carrying vessel that is not a ferry, is engaged on a sheltered water voyage, operates only on a seasonal basis between March 31 and December 1 of each year and has unberthed accommodations shall ensure that every member of the complement who is required to be on board in order for the vessel to meet the safe manning requirements of this Part obtains, before acquiring a total of 6 months of sea service,

  • (a) a training certificate in marine emergency duties with respect to small seasonal passenger vessel safety (non-certificated personnel) for that vessel, in the case of a person who is not required by these Regulations to hold a certificate to perform their duties on board the vessel; and

  • (b) in all other cases, at least one of the training certificates in marine emergency duties with respect to basic safety that are set out as applicable in columns 2 to 4 of item 6 of the table to subsection (3).

• (5) The master and the authorized representative of a vessel shall ensure that every person assigned to a fire team on the muster list holds

  • (a) if the vessel is engaged on a sheltered waters voyage and is required to carry a fireman’s outfit, a training certificate in marine emergency duties with respect to basic safety;

  • (b) if the vessel is engaged on a sheltered waters voyage and is not required to carry a fireman’s outfit,

    • (i) one of the training certificates in marine emergency duties set out in columns 2 to 4 of the table to subsection (3), or

    • (ii) if the vessel operates only on a seasonal basis between March 31 and December 1 of each year, a training certificate in marine emergency duties with respect to small seasonal passenger vessel safety (non-certificated personnel) for that vessel;

  • (c) in all other cases, except those set out in the table to subsection (3), a training certificate in marine emergency duties with respect to STCW basic safety.

• (6) The master and the authorized representative of a vessel shall ensure that every person assigned on the muster list to the preparation or launching of a survival craft, other than a manually launched life raft or manually launched inflatable rescue platform, holds a training certificate in marine emergency duties with respect to proficiency in survival craft and rescue boats other than fast rescue boats.

• (7) The master and the authorized representative of a vessel that is equipped with a marine evacuation system (MES) shall ensure that every person employed on board the vessel has received training regarding the deployment of the system using the vessel’s on-board training aids, and that persons assigned on the muster list to the operation of the MES have

  • (a) participated in a full deployment of the system in accordance with the system’s approval certificate; or

  • (b) provided an attestation evidencing successful completion of the manufacturer’s training.

• (8) The master and the authorized representative shall ensure that a person designated to take charge of medical care on board a vessel

  • (a) is a physician; or

  • (b) has successfully completed the approved training course in marine medical care.

• (9) The master and the authorized representative of a vessel shall ensure that a person designated to provide first aid on board the vessel holds

  • (a) if the vessel is engaged on a near coastal voyage, Class 2 or a sheltered waters voyage, a training certificate in marine basic or advanced first aid or, in the case of an MOU, a certificate with respect to a course that the Minister accepts as being equivalent in content to the marine advanced first aid course; and

  • (b) if the vessel is engaged on an unlimited voyage or a near coastal voyage, Class 1, a training certificate in marine advanced first aid or, in the case of an MOU, a certificate with respect to a course that the Minister accepts as being equivalent in content to the marine advanced first aid course.