NAFF II - Opportunities awareness - regulatory requirements - Diana Couture - ENGLISH

NATIONAL ABORIGINAL FISHERIES FORUM II
OCTOBER 3rd, 2012

CERTIFICATION AND TRAINING

1

CERTIFICATION BACKGROUND

• Prior to the entry into force of the Canada
Shipping Act, 2001 (CSA 2001) and the
Marine Personnel Regulations (MPR),
Fishing vessels of less than 60 GT were not
required to have a certified master or officer
on board.

2

MARINE PERSONNEL REGULATIONS (MPR)
APPLICATION
The MPR require the Master and officer of a
fishing vessel to hold:

 A Master’s or Officer’s certificate;
 A Small Vessel Operator Proficiency (SVOP)
training certificate;
 A Pleasure Craft Operator Card (PCOC); or
 A Declaration of at least seven fishing seasons
as master or officer of a fishing vessel of up to
15 GT or not more than 12 m in LOA. 3

PHASE-IN PERIOD

Vessels Required as from
Vessels with LOA of over 15 m (49 ft 02 in) November 7, 2008
Vessels of all lengths November 7, 2016

4

FISHING VESSELS OF MORE THAN 12
METERS AND LESS THAN 60 GT

• The Master is required to hold, as a minimum, either a:

 Fishing Master, Fourth Class certificate; or

 Certificate of Service as Master of a fishing vessel of less
than 60 GT.

• The officer in charge of the watch is required to hold at least a:

 Certificate of service as Watchkeeping Mate of a Fishing
Vessel of less than 24 metres in registered length; or

 Officer in charge of the watch of a Fishing Vessel of less than
24 metres in registered length.

5

FISHING VESSELS OF UP TO 15 GT OR NOT MORE THAN 12
METRES, NEAR COASTAL VOYAGE, CLASS 2

The Master is required to hold at a minimum a:
a) Declaration of seven fishing seasons as
master of a fishing vessel of up to 15 GT or
not more than 12 meters; or
b) Small Vessel Operator Proficiency Training
certificate.
c) In within 2 n. m. from the coast: Pleasure
Craft Operator Card.
6

NEAR COASTAL VOYAGE, CLASS 2

Near coastal voyage, Class 2 means a voyage:
(a) that is not a sheltered waters voyage; and
(b) during which the vessel engaged on the voyage is
always
(i) within 25 nautical miles from shore in waters
contiguous to Canada, the United States (except
Hawaii) or Saint Pierre and Miquelon, and
(ii) within 100 nautical miles from a place of refuge.

7

NEAR COASTAL VOYAGE CLASS 2 (NC 2) (25 NM)

8

FISHING VESSELS OF UP TO 15 GT OR NOT MORE THAN 12
METRES, NEAR COASTAL VOYAGE, CLASS 2

• Near Coastal 2 Near Coastal 1
Small Vessel Operator Proficiency
SVOP
Small Vessel Operator Proficiency
& 7 fishing seasons Experience acquired
SVOP
in specific area within NC 1,
prior to July 2007

25 Nautical miles
Declaration of 7 fishing seasons
Sheltered

experience acquired prior to
July 2007 Declaration of 7 fishing seasons
experience
& 7 fishing seasons experience acquired
Fishing Master, Fourth Class in specific area within NC 1, prior to July
2007

Fishing Master, Fourth Class
9

FISHING VESSELS OF UP TO 15 GT OR NOT MORE
THAN 12 METRES, SHELTERED WATERS

 The Master is required to hold, at a minimum a Pleasure
Craft Operator Card.
Sheltered waters means a voyage:
(a) that is in Canada on a lake, or a river above tidal
waters, where a vessel can never be further than
one nautical mile from the closest shore; or
(b) that is on the waters listed in column 1 of an item of
Schedule 1 of the Vessel Certificates Regulations
during the period specified in column 2 of that item.
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-31/
10

MASTER FISHING VESSELS CERTIFICATES VALIDITY AS PER MPR
Voyages Near coastal voyages, class 2
Near coastal voyages, class 1 Sheltered waters
voyages
Gross tonnage More than 2 miles from Less than 2 miles
shore from shore

Fishing master, 4th class Fishing master, 4th class Fishing master, 4th Fishing master, 4th
or or class class
More than 15 gross Certificate of service as master of Certificate of service as or or
tonnage or more than 12 a fishing vessel of less than 60 master of a fishing Certificate of service Certificate of service
meters, but less than 100 gross tonnage vessel of less than 60 as master of a fishing as master of a
gross tonnage gross tonnage vessel of less than 60 fishing vessel of less
gross tonnage than 60 gross
tonnage

Fishing master, 4th class Training certificate in
Gross tonnage not or Small Vessel Operator
exceeding 15 or 12 Certificate of service as master of Proficiency (SVOP)
meters overall length a fishing vessel of less than 60 or Pleasure Craft Operator Card (PCOC)
gross tonnage Declaration of seven
or fishing seasons as
Small Vessel Operator Proficiency Master prior to July 1,
SVOP & Declaration of 7 fishing 2007
seasons as Master in specific area
within NC 1, prior to
July 1st, 2007
or
Declaration of 7 fishing seasons
as Master prior to
July 1st, 2007
& Declaration of 7 fishing
seasons experience as Master in
specific area within NC 1, prior to
July 1st, 2007
11

FISHING VESSELS OOW CERTIFICATES VALIDITY AS PER MPR
Voyages Near coastal voyages, class 2
Near coastal voyages, class 1 Sheltered waters
voyages
More than 2 miles Less than 2 miles
Gross tonnage from shore from shore
Certificate of service as watchkeeping mate Certificate of service Certificate of service Certificate of
of a fishing vessel of less than 24 meters in as watchkeeping as watchkeeping service as
More than 15 gross registered length mate of a fishing mate of a fishing watchkeeping
tonnage or more than or vessel of less than 24 vessel of less than 24 mate of a fishing
12 meters, but less Officer in charge of the watch of a Fishing meters in registered meters in registered vessel of less than
than 100 gross Vessel of less than 24 metres in registered length length 24 meters in
tonnage length. or or registered length
Officer in charge of Officer in charge of or
the watch of a the watch of a Officer in charge
Fishing Vessel of Fishing Vessel of of the watch of a
less than 24 metres less than 24 metres Fishing Vessel of
in registered length. in registered length. less than 24
metres in
registered length.

Certificate of service as watchkeeping mate Training certificate in
Gross tonnage not of a fishing vessel of less than 24 meters in Small Vessel
exceeding 15 or 12 registered length Operator Proficiency
meters overall length or (SVOP)
Pleasure Craft Operator Card (PCOC)
Officer in charge of the watch of a Fishing Or
Vessel of less than 24 metres in registered Declaration of seven
length fishing seasons as
or OOW
Small Vessel Operator Proficiency SVOP &
Declaration of 7 fishing seasons as OOW in
specific area within NC 1, prior to
July 1st, 2007
Or
Declaration of 7 fishing seasons as OOW
prior to July 1st, 2007
& Declaration of 7 fishing seasons
12 experience as OOW in specific area within
NC 1, prior to
July 1st, 2007

FISHING VESSELS OF AT LEAST 60 GT BUT OF
100 GT OR LESS, NC1, NC2 OR SW VOYAGES
• The master is required to hold at a minimum a:
 Fishing Master, Fourth Class certificate of competency.

• The officer in charge of the watch is required to hold at a
minimum a:

Vessel of less than 24 metres in registered length; or

 Officer in charge of the watch of a Fishing Vessel of less
than 24 metres in registered length.
13

FISHING VESSELS OF MORE THAN 100 GT
• The Master is required to hold at a minimum a:

 Fishing Master, Third Class certificate of competency.

• The officer in charge of the watch is required to hold at least a:

Vessel of less than 24 metres in registered length;

 Wathckeeping Mate of a Fishing Vessel of less than 24
metres in registered length; or

 Fishing Master, Fourth Class certificate.

 In accordance with its type of voyage

14

SECTION 212 OF THE MPR

 The phase in period under section 212 –
Masters and Deck Officers of the MPR will not
be extended.

 Vessels are to be in compliance with the MPR
by the required dates.

 Any vessels of more than 100 GT that are not in
compliance with section 212 of the MPR are
presently subject to the Administrative Monetary
Penalties Regulations. 15

CONFORMITY PROGRAM /
ASSURANCE OF COMPLIANCE
Any vessels greater than 13 m but less than
60 GT that are not in compliance with section
212 of the MPR are presently subject to the
Administrative Monetary Penalties Regulations.

Rather than proceeding with an immediate
enforcement action for the above mentionned
vessels, TCMS is willing to give the owner an
opportunity to rectify the situation if the owner
agrees to enrol into the Conformity Program /
Assurance of Compliance. 16

With the Assurance of Compliance, the owner
will be required to rectify the situation at the
latest by July 1, 2014.

If by the date indicated in the Assurance of
Compliance, the owner did not rectify the
situation, he/she will have to pay twice the
amount of the violations.

17

A master who operates a vessel when it is not
staffed with a sufficient and competent crew for
the safe operation of the vessel on its intended
voyage, commits a violation of section 82(2) of
the CSA, 2001 that carries a minimum
administrative monetary penalty of $1250.00
per violation.
The owner is responsible for the violations
commited by the master.
18

STCW-F CONVENTION

• International Convention on Standards of
Training, Certification and Watchkeeping for
Fishing Vessel Personnel, 1995.

• The STCW-F Convention came into force on
September 29th, 2012.

19

STCW-F APPLICATION

Masters and officers in charge of a
navigational watch on fishing vessels of
24 metres in length and over

Engineers and second engineers of
fishing vessels of 750 kW propulsion
power or more

20

NEW STCW-F CERTIFICATES OF
COMPETENCY
 Fishing Master, Unlimited Waters

 Fishing Master, Limited Waters

 Fishing Master limited to F/V of less than
45 m, Limited Waters

 Officer, Unlimited waters

 Officer, fishing vessels of less than 45 m,
Limited waters 21

DOMESTIC CERTIFICATES OF
COMPETENCY OR DOCUMENTS
 Fishing Master, Fourth Class, limited waters
 Watchkeeping Mate of a Fishing Vessel of less than
24 metres registered length
 Certificate of Service as Master of a Fishing Vessel
of less than 60 Gross tonnage
 Certificate of service as watchkeeping mate of a
fishing vessel of less than 24 metres registered
length
 Small Vessel Operator Proficiency (SVOP)
 Pleasure Craft Operator Card
22

SAFE MANNING DOCUMENTS
 All Fishing Vessels of 15 GT or more shall carry on board
a Safe Manning Document, valid for a period of 5 years.

 If your vessel of 15 GT or more does not carry a Safe
Manning Documents, the owner shall apply at TCMS for
the document.

 This document specifies:
a) the minimum number of members of the complement
required on board to operate the vessel safely,
b) the certificates required to be held by the member of
complement; and
c) the training certificates to be held by the member of
the complement. 23

COMPLEMENT OF FISHING VESSELS
NOT EXCEEDING 15 GT OR 12 M

 Fishing vessels not exceeding 15 gross
tonnage or 12 m in overall length are not
required to have a safe manning document

 These vessels do however have to comply
with the minimum complement requirements
specified in Part 2 of the MPR

24

TYPICAL MINIMUM COMPLEMENT OF A
FISHING VESSEL OF LESS THAN 500 GT
Master The master is The master does Additional Minimum
permanently in not permanently persons complement
charge of the keep the 216. (2) (b)
navigational navigational
watch watch

From 0 up to 1 0 officer 0 1
15 GT or 12m --------- ------------------ -------------------- ----------- ------------
1 1 officer 0 2

More than 15 1 0 officer 1 2
GT or 12m ---------- ------------------ -------------------- ------------ -------------
1 1 officer 1 3

Note: Complement could be increased depending on vessel’s requirements for engineer and
other characteristics like firefighting and lifesaving equipment that would require more persons
in case of emergency or abandon ship. 25

FISHING VESSEL OF AT LEAST 15 GROSS TONNAGE OR 12
METRES IN LENGTH OVERALL AND OF A REGISTERED
LENGTH OF LESS THAN 24 METRES

A person without an officer’s certificate may keep the watch in the
wheelhouse of these fishing vessels if:

• The master is satisfied that the person is capable of keeping the watch
and maintaining a proper lookout by sight and hearing;

• The person who keeps the watch has received written instructions
containing the master’s standing orders for the watch, specifically the
circumstances requiring notification of the duly certified individual in
charge of the watch, namely the watchkeeping officer on duty or the
master;
Note: When the master does not personally keep the watch, in
particular due to the length of the voyage, at least one duly
certified officer must be in charge of the watch when the
master is resting. 26

CDN NUMBER
What is a CDN number:
• A CDN number is an identification number given to a
seafarer.
• This number facilitate access to the seafarer’s
records.
• CDN numbers are used to track information in TCMS
ACES data base and are used in the issuing of
certain seafarer documentation.
• Form 82-0701- Application for candidate document
number (CDN) to be completed.
http://tcapps/Corp-Serv-Gen/5/forms-formulaires/search.aspx
27

MARINE EMERGENCY DUTY TRAINING
COURSES (SECTION 205 OF THE MPR)

On board Familiarisation and Safety training:

 Every person assigned a function on the
vessel must receive the training before
they start to perform any duty.

28

MARINE EMERGENCY DUTY (MED) TRAINING
COURSES (SECTION 205 OF THE MPR)
Before acquiring a total of 6 months of sea service, hold at least
one of the training certificate in Marine Emergency Duty as
applicable for the specific voyages:
a) Fishing vessels ≤ 15 GT, less than 2 n.m. , Sheltered Waters =
PCOC
b) Fishing Vessels ≤ 15 GT, less than 25 n.m. = MED A1, A2 or A3.
c) Fishing vessels > 15 GT and ≤ 150 GT, less than 25 n.m. = MED
A1, A2 or A3.
d) Fishing vessels > 150 GT, less than 25 n.m. = MED A1 or A2.
e) Fishing Vessels of any size, more than 25 n.m. = MED A1 or A2.
29

DESIGNATED PERSON TO PROVIDE FIRST AID
(SECTION 207 (G) AND 205 (9))
Person designated to provide first aid on board a
fishing vessel engaged on a NC1, NC 2 or sheltered
waters voyage:
 MPR Part 2: Marine basic first aid
(16 hours / valid for 5 years)
Or
 TCMS Policy: Any first aid course recognized by
a province or territory
(2 days / validity as per province or territory) 30

PREPARED BY:

Diane Couture
Manager, Nautical certification and Pilotage
Personnel Standards and Pilotage
Transport Canada
330 Sparks Street
8th Floor, Tower C
Ottawa, Ontario
Canada K1A 0N8
Tel.: (613) 990-1524
Facsimile: (613) 990-1538
Courriel / E-mail: diane.couture@tc.gc.ca
Government of Canada
31

NAFF II - Opportunities awareness - regulatory requirements - Diana Couture - ENGLISH

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NAFF II - Opportunities awareness - regulatory requirements - Diana Couture - ENGLISH