GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Personnel Regulations — 267
267 (1) The master of a vessel of at least 300 gross tonnage shall assign a crew member as principal communicator whose duty is to operate the radiocommunication equipment during an emergency. (2) The principal communicator of a vessel shall hold, at a minimum, the certificate referred to in section 266 that applies in respect of that vessel. (3) If, owing to the duration of an emergency, the continuous presence of the principal communicator on the bridge is unreasonable, the master may assign any other member of the complement who is the holder of any of the certificates referred to in section 266 to replace the principal communicator. (4) Despite subsection (1), if the continuous presence of the principal communicator on the bridge becomes unnecessary, the master may relieve them of their duty.
Marine Personnel Regulations — 268
268 For the purposes of this Division, the Minister shall designate, as a marine medical examiner, a physician who applies for that designation and who meets the requirements of Chapter VI of the International Labour Organization and World Health Organization publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers .
Marine Personnel Regulations — 269
269 (1) No person shall employ as a seafarer a person to whom this Division applies unless the person produces a medical certificate issued by the Minister under section 278 or a provisional medical certificate issued under section 275. (2) The documents referred to in subsection (1) shall attest to the seafarer’s ability to (a) perform the duties for which they are to be employed; and (b) complete the voyages to be engaged on by the vessel on board which they are to be employed. (3) No person to whom this Division applies shall accept employment as a seafarer unless they hold a document referred to in subsection (1) that applies to their situation and that attests to the seafarer possessing the abilities referred to in subsection (2).
Marine Personnel Regulations — 270
270 (1) Subject to subsections (2) to (4), if a marine medical examiner, physician or registered nurse who, in conformity with section 272, conducts a medical examination of a seafarer, considers that the seafarer is fit for sea service, taking into account the medical standards set out in the International Labour Organization and World Health Organization publication entitled Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examination for Seafarers , as well as the following medical standards, they shall issue to the seafarer a provisional medical certificate issued under section 275 declaring the seafarer fit for sea service, with or without limitations as they deem appropriate: (a) adequate muscle strength to lift and carry a weight of 22 kg; (b) the physical capacity to wear breathing apparatus and the seafarer’s personal life-saving equipment while climbing ladders; (c) the agility and strength to carry out the duties that may be assigned to them regarding fire fighting and vessel abandonment in an emergency; and (d) the physical and mental fitness to meet the occupational and operational requirements of the position that they occupy or seek to occupy. (2) The medical standards for vision and hearing do not apply to an engineer who held an Engineer certificate before July 30, 2002 if they began acquiring the amount of sea service required to obtain that certificate before July 30, 1997 and if (a) they have obtained or are in the process of obtaining a higher ranking Engineer certificate; (b) they have exchanged, after July 30, 2002, a certificate issued before that date; or (c) they have obtained a continued proficiency certificate after July 30, 1997 but before the coming into force of this section. (3) The medical standards for colour vision do not apply to a seafarer who (a) is not required under these Regulations to hold a certificate of competency to perform their duties on board a vessel; or (b) is required to hold one of the following certificates to perform their duties on board a vessel: (i) Engine-room Rating, (ii) Ship’s Cook, (iii) Proficiency in Fast Rescue Boats, (iv) Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats, (v) Restricted Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats, (vi) Oil and Chemical Tanker Familiarization, (vii) Liquefied Gas Tanker Familiarization, (viii) Passenger Safety Management, (ix) Specialized Passenger Safety Management (Ro-Ro Vessels), or (x) Compass Adjuster. (4) A seafarer is not required to meet the medical standards for visual acuity in each eye if they meet those standards when both eyes are tested together and if they (a) are not required to hold a certificate to perform their duties on board a vessel under these Regulations and started to acquire sea service before July 30, 1997; or (b) held a certificate on July 30, 1997, and had begun to acquire the qualifying service for it before June 1, 1973, even if the certificate was exchanged or endorsed after July 29, 1997.
Marine Personnel Regulations — 271
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.
Marine Personnel Regulations — 272
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.
Marine Personnel Regulations — 273
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.
Marine Personnel Regulations — 274
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.
Marine Personnel Regulations — 275
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.
Marine Personnel Regulations — 276
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.
Marine Personnel Regulations — 277
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).
Marine Personnel Regulations — 278
, 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.
Marine Personnel Regulations — 279
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 .
Marine Personnel Regulations — 280
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.
Marine Personnel Regulations — 281
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.
Marine Personnel Regulations — (a)
The equipment referred to in subsections 216(5) and 247(3) is the following: (a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which are located (i) helm, speed, whistle and general alarm controls, (ii) a shaft revolution and direction indicator for each propeller shaft, (iii) a propeller pitch indicator for each controllable pitch propeller, (iv) a rudder angle indicator for each independently controlled rudder, (v) a compass or compass repeater, (vi) a radar display and its associated controls and plotting facilities, (vii) a clock, and (viii) a facility for the primary control and use of (A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and (B) the internal communications systems that are required to be fitted in the vessel; (b) an automatic steering device that incorporates manual override; (c) an electronic two-way voice communication system that is operable in the absence of the vessel’s main source of power and connects the conning position with (i) the master’s accommodation, (ii) the chief engineer’s accommodation, (iii) each berth in which a person assigned to a deck watch is berthed, (iv) each mess, recreation room or accommodation passageway, and (v) any position close to the main engine controls; (d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on vessels where an efficient fire patrol system is carried out in those spaces by persons who are not, at the time of the patrol, assigned to the deck watch; (e) an automatic warning system that immediately indicates on the bridge the loss of the watertight integrity of any bow, side or stern door that is designed for the passage of vehicles; (f) remote monitoring and control devices that (i) indicate the soundings of, or excessive levels in, all ballast tanks and bilges, (ii) control the pumping of all of the ballast tanks and bilges, unless this is done by persons who, at the time of the pumping, are not assigned to the deck watch, and (iii) control the ventilation of cargo spaces, unless this is done by persons who, at the time of that operation, are not assigned to the deck watch; (g) a sound-signalling appliance that can automatically sound the whistle signals required by the Collision Regulations ; (h) centralized controls and automatic monitoring of two independent systems of permanently installed navigation lights that comply with the Collision Regulations ; and (i) light lunch facilities.
Marine Personnel Regulations — (a)
(a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which are located (i) helm, speed, whistle and general alarm controls, (ii) a shaft revolution and direction indicator for each propeller shaft, (iii) a propeller pitch indicator for each controllable pitch propeller, (iv) a rudder angle indicator for each independently controlled rudder, (v) a compass or compass repeater, (vi) a radar display and its associated controls and plotting facilities, (vii) a clock, and (viii) a facility for the primary control and use of (A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and (B) the internal communications systems that are required to be fitted in the vessel;
Marine Personnel Regulations — (i)
(i) helm, speed, whistle and general alarm controls,
Marine Personnel Regulations — (ii)
(ii) a shaft revolution and direction indicator for each propeller shaft,
Marine Personnel Regulations — (iii)
(iii) a propeller pitch indicator for each controllable pitch propeller,
Marine Personnel Regulations — (iv)
(iv) a rudder angle indicator for each independently controlled rudder,
Marine Personnel Regulations — (vi)
(vi) a radar display and its associated controls and plotting facilities,
Marine Personnel Regulations — (viii)
(viii) a facility for the primary control and use of (A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and (B) the internal communications systems that are required to be fitted in the vessel;
Marine Personnel Regulations — (A)
(A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and
Marine Personnel Regulations — (B)
(B) the internal communications systems that are required to be fitted in the vessel;
Marine Personnel Regulations — (b)
(b) an automatic steering device that incorporates manual override;
Marine Personnel Regulations — (c)
(c) an electronic two-way voice communication system that is operable in the absence of the vessel’s main source of power and connects the conning position with (i) the master’s accommodation, (ii) the chief engineer’s accommodation, (iii) each berth in which a person assigned to a deck watch is berthed, (iv) each mess, recreation room or accommodation passageway, and (v) any position close to the main engine controls;
Marine Personnel Regulations — (ii)
(ii) the chief engineer’s accommodation,
Marine Personnel Regulations — (iii)
(iii) each berth in which a person assigned to a deck watch is berthed,
Marine Personnel Regulations — (iv)
(iv) each mess, recreation room or accommodation passageway, and
Marine Personnel Regulations — (v)
(v) any position close to the main engine controls;
Marine Personnel Regulations — (d)
(d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on vessels where an efficient fire patrol system is carried out in those spaces by persons who are not, at the time of the patrol, assigned to the deck watch;
Marine Personnel Regulations — (e)
(e) an automatic warning system that immediately indicates on the bridge the loss of the watertight integrity of any bow, side or stern door that is designed for the passage of vehicles;
Marine Personnel Regulations — (f)
(f) remote monitoring and control devices that (i) indicate the soundings of, or excessive levels in, all ballast tanks and bilges, (ii) control the pumping of all of the ballast tanks and bilges, unless this is done by persons who, at the time of the pumping, are not assigned to the deck watch, and (iii) control the ventilation of cargo spaces, unless this is done by persons who, at the time of that operation, are not assigned to the deck watch;
Marine Personnel Regulations — (i)
(i) indicate the soundings of, or excessive levels in, all ballast tanks and bilges,
Marine Personnel Regulations — (ii)
(ii) control the pumping of all of the ballast tanks and bilges, unless this is done by persons who, at the time of the pumping, are not assigned to the deck watch, and
Marine Personnel Regulations — (iii)
(iii) control the ventilation of cargo spaces, unless this is done by persons who, at the time of that operation, are not assigned to the deck watch;
Marine Personnel Regulations — (g)
(g) a sound-signalling appliance that can automatically sound the whistle signals required by the Collision Regulations ;
Marine Personnel Regulations — (h)
(h) centralized controls and automatic monitoring of two independent systems of permanently installed navigation lights that comply with the Collision Regulations ; and
Marine Personnel Regulations — 300
300 The following definitions apply in this Part. Convention means the Maritime Labour Convention, 2006. ( Convention ) hours of rest means rest time outside hours of work and does not include short breaks. ( heures de repos ) seafarer recruitment and placement service means any service that is engaged in recruiting or placing persons for work on vessels. ( service de recrutement et de placement des gens de mer ) shipowner means (a) the registered owner of a vessel; or (b) any person, such as the manager, agent or bare-boat charterer of a vessel, who has assumed responsibility for the operation of a vessel from its registered owner and who, on assuming that responsibility, has agreed to take over the duties and responsibilities imposed on shipowners under the Convention. ( armateur )
Marine Personnel Regulations — Marine Personnel Regulations
Convention means the Maritime Labour Convention, 2006. ( Convention )
Marine Personnel Regulations — Marine Personnel Regulations
hours of rest means rest time outside hours of work and does not include short breaks. ( heures de repos )
Marine Personnel Regulations — Marine Personnel Regulations
seafarer recruitment and placement service means any service that is engaged in recruiting or placing persons for work on vessels. ( service de recrutement et de placement des gens de mer )
Marine Personnel Regulations — (a)
shipowner means (a) the registered owner of a vessel; or (b) any person, such as the manager, agent or bare-boat charterer of a vessel, who has assumed responsibility for the operation of a vessel from its registered owner and who, on assuming that responsibility, has agreed to take over the duties and responsibilities imposed on shipowners under the Convention. ( armateur )