On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the old Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
Many regulations are being updated and new ones are being written to enhance existing safety requirements. Some will have very little impact, while others will bring big changes. The Marine Personnel Regulations are an important set of Regulations that have been updated and came into force with the CSA 2001 on July 1, 2007.
The Marine Personnel Regulations promote a safe and efficient marine transport system that protects the health and well-being of individuals and crew, ensures that Canada meets its international obligations, and encourages the harmonization of marine practices.
There are three parts to the new Marine Personnel Regulations.
Parts 1 and 2 revise and update the existing requirements for qualifications, training and certification of crew members, for having the appropriate marine personnel on board vessels for safe and efficient operation, and for the protection of the environment.
Part 1 deals with certificates of competency for seafarers. It prescribes the knowledge, skills and abilities needed to perform assigned functions on a ship, for each certificate required. It lists the types of training certificates a seafarer must hold, any required testimonials, sea service time, and the examinations leading to a particular certificate of competency.
Certificates are being updated and realigned with the new voyage classifications definitions and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). Information on the new voyage classification definitions can be found in the CSA 2001 Vessel Certificates Regulations.
Part 2 of the Regulations sets out the number and type of personnel needed to safely operate and prevent pollution on or from a Canadian vessel or a non-registered vessel in Canadian waters. For example, all commercial vessels, regardless of length, must have a certified master. However, for operators of certain small commercial vessels, a Small Vessel Operator Proficiency training certificate and, in some cases, a Pleasure Craft Operator Card, will be accepted.
All vessels needing an inspection certificate, as identified in the Vessel Certificates Regulations, must have a Safe Manning Document. This indicates the minimum safe crewing levels for the vessel, and is valid for a maximum of five years after the day it is issued. Details about Safe Manning Documents can be found in the Marine Personnel Regulations.
Part 3 establishes and coordinates the "Maritime Labour Standards" for working conditions of seafarers onboard a vessel in order to protect their health and well-being. The CSA 2001 regulations update and align the occupational health and safety working conditions of seafarers with other legislative requirements. They now comply with the STCW as well as part of the Maritime Labour Convention, 2006.
Some highlights of the new "Maritime Labour Standards" for working conditions under Part 3 of the Regulations include:
- Crew members must now be at least 16 years of age.
- The duration of hours worked for employees under 18 years of age will be limited.
- Seafarer recruitment and placement services operating in Canada must meet new requirements to apply for, issue, hold, and maintain a licence.
- Conditions of employment related to hours of work and rest now depend on the voyage classification and food being served.
- Once Canada has ratified the Maritime Labour Convention, 2006, the introduction of the Maritime Labour Certificate and Document of Compliance will fully harmonize the labour framework in the maritime sector.
Under Part 3, seafarers and authorized representatives will also be required to maintain a record of sea service and to provide that information to the Minister upon request.
Seafarers are encouraged to participate in education and awareness initiatives and contribute to a safety culture within the industry.
You can learn more about the Marine Personnel Regulations or the Canada Shipping Act, 2001 Regulatory Reform Project at the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca. You can also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
