Vol. 134, No. 41 — October 7, 2000

Regulations Amending the Charts and Nautical Publications Regulations, 1995

Statutory Authority

Canada Shipping Act and Arctic Waters Pollution Prevention Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Marine Certification Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 562.12(1)(see footnote a) of the Canada Shipping Act, that the Governor in Council proposes, pursuant to paragraph 562.1(1)(a)(see footnote b) of that Act and subparagraph 12(1)(a)(viii) of the Arctic Waters Pollution Prevention Act, to make the annexed Regulations Amending the Charts and Nautical Publications Regulations, 1995.

Ship owners, masters, seamen and other interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 45 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to J. St-Onge, Project Manager, Canada Shipping Act Reform, Marine Safety Directorate (AMSG), Department of Transport, Place de Ville, Tower C, 11^th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 998-5352; fax: (613) 991-5670)

Ottawa, September 28, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CHARTS AND NAUTICAL PUBLICATIONS REGULATIONS, 1995

AMENDMENT

1. Item 1 of the schedule to the Charts and Nautical Publications Regulations, 1995(see footnote 1) is repealed.

COMING INTO FORCE

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

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Regulations Amending the Crewing Regulations

Statutory Authority

Canada Shipping Act and Arctic Waters Pollution Prevention Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Marine Certification Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsections 111(1)(see footnote c) and 562.12(1)(see footnote d) of the Canada Shipping Act, that the Governor in Council proposes, pursuant to paragraphs 110(1)(c)(see footnote e), (j)(see footnote f) and (k)(see footnote g), section 314.1(see footnote h) and paragraphs 338(1)(o)(see footnote i) and 562.1(1)(b)(see footnote j) and (c)(see footnote k) of that Act and subparagraph 12(1)(a)(iv) of the Arctic Waters Pollution Prevention Act, to make the annexed Regulations Amending the Crewing Regulations.

Ship owners, masters, seamen and other interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 45 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to J. St-Onge, Project Manager, Canada Shipping Act Reform, Marine Safety Directorate (AMSG), Department of Transport, Place de Ville, Tower C, 11^th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 998-5352; fax: (613) 991-5670)

Ottawa, September 28, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CREWING REGULATIONS

AMENDMENTS

1. (1) The definitions "STCW" and "waters under Canadian jurisdiction" in subsection 1(1) of the Crewing Regulations (see footnote 2) are replaced by the following:

"STCW" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995. (Convention STCW)

"waters under Canadian jurisdiction" means

(a) Canadian waters;

(b) fishing zones described in section 16 of the Oceans Act and prescribed under paragraph 25(b) of that Act; and

(c) shipping safety control zones prescribed under subsection 11(1) of the Arctic Waters Pollution Prevention Act. (eaux de compétence canadienne)

(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

"seafarer" means a person who

(a) applies for a certificate under the Marine Certification Regulations; or

(b) is employed or to be employed in any capacity on a ship. (navigant)

"STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code of July 7, 1995. (Code STCW)

(3) Section 1 of the Regulations is amended by adding the following after subsection (2):

(3) For the purposes of these Regulations,

(a) every reference in section A-VIII/2 of the STCW Code to "the International Regulations for Preventing Collisions at Sea, 1972" shall be read as a reference to "the Collision Regulations";

(b) every reference in section A-VIII/2 of the STCW Code to "the Radio Regulations" shall be read as a reference to "the Ship Station (Radio) Technical Regulations, 1999"; and

(c) the expression in section 65 of section A-VIII/2 of the STCW Code "except where an Administration has determined that" shall be read as "unless".

2. The Regulations are amended by adding the following after section 2:

2.1 (1) Division 8 of Part 1 applies to a seafarer who

(a) is required by these Regulations to hold a certificate issued under the Marine Certification Regulations and whose most recent certificate is issued under those Regulations;

(b) is employed in any capacity for which a certificate as master, mate or bridge watchman is required by these Regulations and whose certificate was issued before July 30, 1997 under one of the following Regulations:

(c) is not required to hold a certificate issued under the Marine Certification Regulations and is employed on a ship of 25 tons or more that is

(d) is not required to hold a certificate issued under the Marine Certification Regulations and is employed on a ship engaged in international voyages.

(2) Division 8 does not apply to a seafarer who is not required to hold a certificate issued under the Marine Certification Regulations and is

(a) a pilot who is not a member of the complement;

(b) a person employed in a port who is not ordinarily employed at sea; or

(c) a person who is not employed in the navigation of the ship, is not assigned specific responsibilities affecting the safety of the ship or of other persons on the ship's muster list or similar emergency plan and

PROHIBITION

2.2 No ship of any class shall navigate in waters under Canadian jurisdiction unless the ship complies with these Regulations.

3. (1) The portion of paragraph 3(1)(b) of the French version of the Regulations before subparagraph (i) is replaced by the following:

b) sous réserve du paragraphe (2), dans le cas d'un brevet de capitaine, d'officier de pont ou d'officier mécanicien, être valables pour usage en mer pour une période d'au plus cinq ans suivant la plus éloignée des dates suivantes :

(2) Subsection 3(1) of the Regulations is amended by striking out the word "and" at the end of subparagraph (b)(ii) and by adding the following after paragraph (b):

(b.1) subject to subsection (2), in the case of each of the following certificates, valid for a period not exceeding five years following its date of issue:

(3) The portion of subsection 3(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) Lorsque la période de validité de cinq ans d'un brevet ou d'un certificat se termine au cours d'un voyage, le brevet ou certificat demeure valable pour usage en mer jusqu'à celle des dates suivantes qui est la plus rapprochée :

4. The portion of section 6 of the French version of the Regulations before paragraph (a) is replaced by the following:

6. La validité d'un brevet ou d'un certificat pour usage en mer est assujettie :

5. Subsection 21(3) of the Regulations is replaced by the following:

(2.1) Until July 30, 2002, subsection (1) does not apply to a member of the complement of a fishing vessel who is not required to hold a certificate if the fishing vessel does not make voyages that go beyond the limits of a fishing voyage, Class II.

(3) Subject to subsection (4), every person assigned to a fire team on the muster list or similar emergency plan, of a Class I, Class II, Class III or Class IV ship shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties, in survival craft and in marine fire fighting.

(4) If the ship is a Class III ship, a Class IV ship or a ship that is not a passenger ship and makes voyages within five nautical miles from shore, the person shall

(a) obtain a certificate of successful completion of training at a recognized institution in marine emergency duties in respect of basic safety; or

(b) pass a practical and an oral examination in marine emergency duties with respect to basic safety, using the ship's equipment for marine emergencies.

6. The Regulations are amended by adding the following after section 21:

21.1 (1) The owner of a ship shall provide to the master written instructions that set out the policies and procedures to be followed to ensure that the ship's complement

(a) is familiarized with the ship and their duties; and

(b) can co-ordinate effectively their activities in performing functions vital to safety or the prevention or mitigation of pollution.

(2) The master shall ensure that the ship's complement is trained in and carries out the policies and procedures.

7. Subsection 23(2) of the Regulations is repealed.

8. Paragraph 24(d) of the Regulations is replaced by the following:

(d) in the case of a Safety Convention ship, Part 3-3 of section A-VIII/2 of the STCW Code.

9. The portion of subsection 31(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A passenger ship that is a motor ship and has a propulsive power of not more than 750 kW may have on board and employ one engineer who is the holder of, at a minimum, a restricted engineer, motor ship certificate if the ship engages on

10. The Regulations are amended by adding the following after section 37:

Ro-Ro Passenger Ships

37.1 (1) Every master, first mate and engineer employed on a ro-ro passenger ship engaged on an international voyage shall hold a ro-ro passenger, level 2 certificate.

(2) Every person, other than the persons referred to in subsection (1), employed on a ro-ro passenger ship engaged on an international voyage shall hold ro-ro passenger, level 1 certificate if their assigned duties include responsibility for

(a) assisting passengers in emergency situations;

(b) embarking or disembarking passengers;

(c) loading, discharging or securing cargo;

(d) closing hull openings; or

(e) ensuring passenger safety in emergency situations.

11. Section 38 of the Regulations is replaced by the following:

38. Every ship that is not securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 2, 3 and 3-1 of section A-VIII/2 of the STCW Code.

12. Section 42 of the Regulations is replaced by the following:

42. Every ship shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.

13. Sections 55 and 56 of the Regulations are replaced by the following:

55. (1) Every ship that is securely anchored in port or securely moored to shore, other than a pleasure craft, shall ensure that an engineering watch is maintained in accordance with Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code.

(2) Subsection (1) does not apply in respect of a ship that does not normally maintain an engineering watch in port if

(a) the owner or person in charge of the ship makes sufficient and efficient alternate arrangements to secure the safety of life and the environment, taking into account Parts 2, 3, 3-2, 4, 4-2 and 4-4 of section A-VIII/2 of the STCW Code; and

(b) the requirements set out in section 58 are met.

56. (1) Every ship that is securely anchored in port or securely moored to shore shall ensure that a deck watch is maintained in accordance with Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code.

(2) Subsection (1) does not apply in respect of a ship that does not normally maintain a deck watch in port if

(a) the owner or person in charge of the ship makes sufficient and efficient alternate arrangements to secure the safety of life and the environment, taking into account Parts 3, 3-1, 4, 4-1, 4-3 and 4-5 of section A-VIII/2 of the STCW Code; and

(b) the requirements set out in section 58 are met.

14. The definition "seafarer" in section 60 of the Regulations is repealed.

15. The heading before section 61 and section 61 of the Regulations are repealed.

16. The Regulations are amended by adding the following after section 63:

Physical and Mental Fitness

63.1 (1) A seafarer may obtain a medical certificate if the seafarer meets the requirements of this section.

(2) The seafarer shall not have any of the following disabilities:

(a) an impairment that could cause an unpredictable loss of consciousness and is not controlled through medication or otherwise;

(b) a disorder that could prevent the seafarer from reacting effectively while performing duties;

(c) a condition that could endanger others, taking into account the duration of voyages and the conditions on board ship;

(d) a condition that is likely to require emergency medical care and is not controlled through medication or otherwise; or

(e) an active psychiatric disorder, including drug or alcohol dependence or abuse.

(3) The seafarer shall have

(a) adequate muscle strength to carry a mass of 22 kg;

(b) the physical capacity to wear breathing apparatus and life saving equipment; and

(c) adequate vision and hearing and the agility and strength to perform the duties of fire fighting, first-aid administration and ship abandonment in an emergency.

(4) Subject to subsections (5) to (7), the seafarer shall meet the physical requirements set out in section 6 of TP 11343.

(5) The vision and hearing requirements do not apply to an engineer who began qualifying service on a Canadian ship before July 30, 1997, if the engineer holds a certificate of competency issued before July 30, 2002.

(6) The colour vision requirements do not apply to a seafarer who

(a) is not required to hold a certificate to perform duties on board ship; or

(b) is required to hold one of the following certificates to perform duties on board ship:

(7) The following seafarers are not required to meet the visual acuity requirements in each eye if they meet the requirements when both eyes are tested together:

(a) a seafarer who is not required to hold a certificate to perform duties on board a ship under these Regulations and who began service at sea before July 30, 1997; and

(b) a seafarer who, on July 30, 1997, held a certificate issued under the Masters and Mates Examination Regulations, C.R.C., c. 1446 and began the qualifying service for it before June 1, 1973, even if the seafarer exchanges it in accordance with section 5 of the Marine Certification Regulations or applies for a continued proficiency certificate under section 58 of those Regulations.

17. Section 64 of the Regulations is replaced by the following:

64. (1) Every applicant for a medical examination under this Division shall make an application to the appropriate physician or registered nurse referred to in section 65 in the form issued by the Minister.

(2) No medical examination shall be considered to have been conducted under this Division unless the application has been submitted to the physician or registered nurse prior to the examination.

18. (1) Subsection 65(1) of the Regulations is replaced by the following:

65. (1) Subject to paragraph 3(a) and subsection (4), only a designated physician may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer who requires a certificate to perform duties.

(2) Section 65 of the Regulations is amended by adding the following after subsection (3):

(4) If there is no designated physician within a 200 km radius of the area of operation of a ship, any physician or registered nurse may conduct a medical examination and issue a medical certificate under this Division in respect of a seafarer employed on the ship, whether the seafarer requires a certificate to perform duties or not.

19. Section 66 of the Regulations is replaced by the following:

66. The physician or registered nurse conducting a medical examination under this Division shall

(a) ensure that the seafarer meets the requirements of section 63.1;

(b) test the vision and hearing of the seafarer in accordance with section 7 of TP 11343; and

(c) take into account the recommendations and factors set out in section 5 of TP 11343.

20. Section 67 of the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by replacing paragraph (b) with the following:

(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.

21. Section 68 of the Regulations is replaced by the following:

68. (1) After completing the medical examination of a seafarer under this Division, a physician or registered nurse shall

(a) issue a medical certificate to the seafarer in the form established by the Minister; and

(b) provide a copy of it to the Minister.

(2) The physician or registered nurse shall set out in the medical certificate their assessment of the seafarer's suitability as

(a) unfit for service at sea;

(b) fit for service at sea with limitations; or

(c) fit for service at sea without limitations.

(3) A physician or registered nurse who assesses a seafarer as fit for service at sea with limitations shall state those limitations in the seafarer's medical certificate.

22. Subsection 70(2) of the Regulations is replaced by the following:

(2) If appropriate, taking into account the state of health of the seafarer examined, the physician or registered nurse may issue a medical certificate that specifies a shorter period of validity.

23. The Regulations are amended by replacing the words "yacht" and "yachts" with the word "craft" wherever either word appears in the following provisions:

(a) paragraph 7(2)(c);

(b) paragraph 12(a);

(c) section 16;

(d) paragraph 27(2)(c);

(e) the heading to Division 7;

(f) the heading before section 59 and section 59;

(g) subsection 76(2); and

(h) the heading before section 80 and section 80.

COMING INTO FORCE

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

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Footnote a

R.S., c. 6 (3rd Supp.), s. 78

Footnote b

R.S., c. 6 (3rd Supp.), s. 78

Footnote 1

SOR/95-149

Footnote c

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

Footnote d

R.S., c. 6 (3rd Supp.), s. 78

Footnote e

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

Footnote f

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

Footnote g

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

Footnote h

S.C. 1998, c. 16, s. 5

Footnote i

R.S., c. 6 (3rd Supp.), s. 47(1)

Footnote j

R.S., c. 6 (3rd Supp.), s. 78

Footnote k

R.S., c. 6 (3rd Supp.), s. 78

Footnote 2

SOR/97-390

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