21 Aug 2002 Implementation Policy for Basic Safety Training on Small Fishing and Small Commercial Vessels Objective: To allow crewmembers on: 1. fishing vessels under 150 gross tons 2. small commercial vessels, including passenger vessels, with unberthed accommodation only, but not including ferries, on Home Trade IV and Minor Waters voyages to maintain their livelihood whilst not in possession of the basic safety training required by the regulations, and to ensure that the proposed cut off for compliance on April 1, 2007 is met. Policy: Summary Transport Canada will not enforce section 21 of the Crewing Regulations on small fishing vessels less than 150GT and commercial vessels on Home Trade IV and Minor Waters voyages until April 1, 2007, if the crewmember has demonstrated that they have registered for the requisite training by July 30, 2003. Policy MED F1 will be allowed in lieu of MED A1 for crewmembers on fishing vessels operating not more than 20 miles offshore and passenger vessels, not including ferries, with unberthed accommodation only on Minor Waters and Home Trade IV voyages. MED F2 will be allowed in lieu of MED A1 for crewmembers on board fishing, aquaculture and non-passenger carrying vessels operating in sheltered waters no more than 2 miles from shore. No enforcement action will be taken against any seafarer not meeting the basic safety training requirements until an approved basic safety course appropriate to the vessel and voyage is available within a reasonable distance of the vessel's operational area. However, in these cases, Marine Safety inspectors will assess the familiarity of candidates with the use of the life saving and fire fighting equipment carried on board the vessel. Transport Canada, approved safety training providers, and industry associations will work together to ensure that all seafarers are aware of the requirement for this training, and where and when training will be available. Training will be provided as near as possible to the seafarer's community. Once the training is available, seafarers will be required to register for the course applicable to the size and voyage classification of their vessel. A certificate of registration will be accepted in lieu of a training certificate until April 1, 2007, with the following provisions: a. The seafarer must register where there is an available course on the course provider's schedule, provided there is space on the course. Course providers must make a reasonable attempt to provide training in all locations where minimum course registration numbers can be met. In cases where, due to circumstances beyond the seafarer's control, the training is unable to be taken, the individual will be allowed an extension as required by mitigating circumstances. Until April 1, 2007, no enforcement action will be taken against an individual who: a. Produces proof of registration by July 30, 2003 for the applicable course to bring him/her into compliance with section 21 of the Crewing Regulations in accordance with (1) or (2) above, or b. Where, due to legitimate extenuating circumstances beyond the seafarer's control, such as lack of course availability due to geography or course capacity, 5a is not met, produces the proof of registration required in 5a within a time period acceptable to a Marine Safety inspector. After July 30, 2003, the full enforcement action allowed under the Canada Shipping Act will be taken against any individual who does not comply with 5. above. After April 1, 2007, the full enforcement action allowed under the Canada Shipping Act will be taken against any individual who does not comply with section 21 of the Crewing Regulations. Background or Rationale for Policy: The Crewing Regulations specify the requirement for basic safety training in Section 21: 21. Every member of the complement of a ship shall, before the member has completed six months on board ships, obtain a certificate of the member's successful completion of training, at a recognized institution, in marine emergency duties with respect to basic safety. Until July 30, 2000, subsection (1) does not apply to a member of the complement who is not required to hold a certificate or is not assigned to a fire team on the muster list or similar emergency plan. (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 engage on voyages that go beyond the limits of a fishing voyage, Class II. 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. If the ship is a Class III ship, a Class IV ship or a ship that is not a passenger ship and engages on voyages within five nautical miles from shore, the person shall obtain a certificate of successful completion of training, at a recognized institution, in marine emergency duties in respect of basic safety. However, there are inadequate opportunities for all crewmembers on fishing vessels and small commercial vessels to obtain the requisite training before the date of July 30, 2002 mandated in the regulations. Until this year, the only course available in basic safety was the MED A1. This course was developed for crews of larger vessels than those now covered by the regulations, and was only available in a limited number of locations. MED F1 and F2 courses have now been developed for small fishing and small commercial vessels. In both Newfoundland and Nova Scotia, MED F1 courses began in the spring of 2002. In Quebec, the training began with the assistance of provincial and HRDC funding prior to the development of MED F1 and is nearly complete. The British Columbia fishing industry is in the process of organizing a fish harvesters' board, so the numbers to be trained there are, as yet, unknown. An estimate of the training requirement for fishing vessels under 150GT on the East Coast is as follows: Newfoundland 13,000 Nova Scotia 7,000 PEI 2,900 New Brunswick 4,500 The numbers for the provinces and territories in Prairie and Northern region are unknown, but it is understood that there is a significant demand for training there as well. The numbers of crew requiring training on small commercial vessels in Minor Waters and Home Trade IV is unknown. Proof of registration will not be required until July 30, 2003, since the infrastructure required to deliver the courses is under development and persons cannot register into a course which, as yet, does not exist. Responsibility: The Director, Marine Personnel Standards and Pilotage is responsible for this policy. Regional Directors are responsible for the application of this policy. Date for Expiry or Renewal. This policy expires on April 1, 2007, unless renewed.