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Vol. 141, No. 15 — July 25, 2007
Erratum:
Canada Gazette Part II, Vol. 141, No. 13, June 27, 2007
SOR/2007-124
CANADA SHIPPING ACT
Regulations Amending the Competency of Operators of Pleasure Craft Regulations
Pages 1328 to 1331
delete the paragraph before the Regulations and the Regulations
replace by the following:
Her excellency the Governor in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 562(3) of the Canada Shipping Act, hereby makes the annexed Regulations Amending the Competency of Operators of Pleasure Craft Regulations.
REGULATIONS AMENDING THE COMPETENCY OF OPERATORS OF PLEASURE CRAFT REGULATIONS
AMENDMENTS
1. (1) The definitions "CCG-accredited course" and "CCG-accredited test" in section 1 of the Competency of Operators of Pleasure Craft Regulations (see footnote 1) are repealed.
(2) The definition "Pleasure Craft Operator Card" in section 1 of the Regulations is replaced by the following:
"Pleasure Craft Operator Card" means a card issued by a course provider that attests that the cardholder has received a mark of at least 75 per cent on a test. (carte de conducteur d'embarcation de plaisance)
(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:
"accredited course" means a series of lessons in respect of boating safety that has been accredited by the Department of Transport under section 6. (cours agréé)
"accredited test" means a test referred to in paragraph 7(4)(c). (examen agréé)
"candidate" means a person presenting themselves at a test site to take the test or a person taking the test for a Pleasure Craft Operator Card. (candidat)
"course provider" means a person who has obtained the accreditation of a boating safety course in accordance with section 6. (prestataire de cours)
"test" means a boating safety test that meets the requirements of section 7 taken for the purpose of obtaining a Pleasure Craft Operator Card. (examen)
2. (1) The portion of subsection 3(1) of the Regulations before paragraph (a) is replaced by the following:
3. (1) Subject to subsection (2), no person shall operate a pleasure craft unless the person
(2) Paragraph 3(1)(b) of the Regulations is replaced by the following:
(b) has proof of competency on board.
(3) Subsections 3(2) and (2.1) of the Regulations are replaced by the following:
(2) Subsection (1) does not apply to a person who
(a) is operating the pleasure craft under the supervision of an instructor as part of an accredited course;
(b) is not a resident of Canada and whose pleasure craft is in Canada for less than 45 consecutive days;
(c) was born before April 2, 1983, has proof of age on board and operates a pleasure craft of at least 4 m in length before September 15, 2009; or
(d) has proof on board that they hold a MED-A4 certificate or any certificate referred to in paragraphs 2(a) to (s), (z.18) or (z.43) of the Marine Certification Regulations.
(2.1) No owner, master, operator, charterer, hirer, person in charge of a pleasure craft or person who makes a pleasure craft available for rent shall allow a person to operate the pleasure craft unless that person is a person referred to in subsection (1) or (2).
(4) Section 3 of the Regulations is amended by adding the following after subsection (3):
(4) Except where replacing a previously issued card or issuing a card to a person providing proof that they hold a MED-A4 certificate or any certificate referred to in paragraphs 2(a) to (s), (z.18) or (z.43) of the Marine Certification Regulations, no course provider shall issue a Pleasure Craft Operator Card to a candidate unless the provider or their agent has administered a test meeting the requirements of section 7 to the candidate.
3. Paragraph 4(1)(a) of the Regulations is replaced by the following:
(a) if the person has received a mark of at least 75 per cent on a test and has been issued a Pleasure Craft Operator Card;
4. Section 5 of the Regulations and the heading before it are repealed.
5. The heading before section 6 of the Regulations is replaced by the following:
ACCREDITED COURSES
6. Section 6 of the Regulations is amended by replacing the expressions "CCG-accredited course" and "Canadian Coast Guard" with the expressions "accredited course" and "Department of Transport", respectively, with such modifications as the circumstances require.
7. The heading before section 7 and sections 7 and 7.1 of the Regulations are replaced by the following:
TEST ADMINISTERED UNDER AN APPROVED PROTOCOL
7. (1) Subject to section 7.1, a course provider or their agent may administer a test only if the test
(a) is administered in accordance with the course provider's test protocol submitted to and approved by the Minister; and
(b) meets the requirements of subsections (3) and (4).
(2) The Minister shall approve a test protocol if, in the Minister's opinion, it contains procedures ensuring that
(a) the identity and age of each candidate are verified;
(b) each candidate receives clear instructions, before the test begins, on
(i) the maximum duration of the test,
(ii) the passing grade, and
(iii) the procedures to be followed to complete the test;
(c) during the test, no candidate
(i) communicates with any person other than the person administering the test,
(ii) has access to documentation other than the test and the instructions that relate to it,
(iii) copies, removes from the test site or sends to anyone the test or any portion of it, or
(iv) consumes alcoholic beverages;
(d) the test site is a site
(i) that is designated solely for the use of the person administering the test, candidates and, if applicable, agents of the Department of Transport, for the duration of the test,
(ii) that is owned, leased, occupied or otherwise controlled by the course provider but that is in no way under the control of a candidate taking the test such as a site that is the residence of a candidate taking the test,
(iii) in respect of which the course provider has undertaken to permit access to any agents of the Department of Transport,
(iv) that conforms to the description furnished by the course provider in their test protocol, and
(v) that, in the case of a test site situated within a space where a commercial or sporting activity occurs concurrently with the test, is delineated by walls or partitions in such a manner that the candidates are incapable of seeing anything outside the test site during the taking of the test except through a window;
(e) no candidate may take a test more than once in one day;
(f) any candidate who does not comply with the requirements of paragraph (c) is removed from the test site and their answers automatically rejected for that test;
(g) the ratio of candidates to persons administering the test shall not exceed 20 to 1; and
(h) a copy of the test protocol shall be available at the test site for consultation, including an inspection by an agent of the Department of Transport.
(3) All tests shall be supervised throughout their duration by the person administering the test and can be provided to a candidate only at a test site and in one of the following formats:
(a) in paper format;
(b) electronically by computer; or
(c) by one of the following means if the candidate is the sole candidate present:
(i) in the case of a candidate who does not fluently read English or French or is deaf or mute, by the person administering the test asking the questions orally, if necessary, through a competent and independent interpreter, and
(ii) in any other specific case, by any other method of communication that meets the needs generated by a candidate's documented health problem.
(4) The following requirements apply to the type of test specified:
(a) every test shall be composed of 36 items or questions distributed as follows:
(i) 9 items or questions on the matters referred to in paragraph 6(2)(a) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters,
(ii) 9 items or questions on the matters referred to in paragraph 6(2)(b) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters,
(iii) 12 items or questions on the matters referred to in paragraph 6(2)(c) and the provisions referred to in paragraph 6(2)(e) that are applicable to those matters, and
(iv) 6 items or questions on the matters referred to in paragraph 6(2)(d);
(b) in the case of a test other than one referred to in paragraph (c) and in the case of all tests administered by computer, the items or questions shall be randomly selected from the most recent bank of questions provided by the Department of Transport to course providers who have had their test protocols approved under subsection (2); and
(c) in the case of a test accredited before July 24, 2003 and administered by the person who obtained the accreditation or their agent, the test shall not have been altered since that accreditation.
SUSPENSION OF ACCREDITATION OR APPROVAL
7.1 (1) If a course provider issues a Pleasure Craft Operator Card without having complied with subsection 3(4), if a test is not administered in accordance with the test protocol approved under subsection 7(2) and applicable to it or it is demonstrated that a course is being given or a test is being administered to a candidate in such a manner that, on completion of the course or the test, the person's knowledge of the matters referred to in subsection 6(2) is doubtful, the Department of Transport may do any or all of the following:
(a) suspend the accreditation of an accredited course;
(b) suspend the accreditation of an accredited test; and
(c) suspend the approval of a test protocol under subsection 7(2).
(2) The Department of Transport shall reinstate an accreditation or approval suspended under subsection (1) if the situation that justified the suspension has been remedied.
(3) No person shall administer a course whose accreditation has been suspended or a test whose accreditation or whose test protocol approval has been suspended, except where an accreditation or approval has been reinstated.
8. Section 8.3 of the Regulations is repealed.
COMING INTO FORCE
9. These Regulations come into force on the day on which they are registered.
SOR/99-53
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