| GENERAL INFORMATION
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| KEYWORDS
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Marine medical certificate, cannabis
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| FILE NO.
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MP-0631-28
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| SECTOR (Marine or Aviation)
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Marine
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| SPECIFIC JOB
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Marine engineer
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| DIAGNOSIS (Primary, Secondary, etc.)
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Regular use of marijuana
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| REVIEW
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| DATE OF DETERMINATION
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March 16, 2022
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| MEMBER
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Dr. Christopher Brooks
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| DETERMINATION
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The member is referring the matter back to the Minister of Transport for reconsideration.
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| REASONS FOR THE DETERMINATION
Refusal to issue a marine medical certificate (MMC) — The applicant is a seafarer who has been a marine engineer for 40 years. The applicant reported to his marine medical examiner (MME) that he was a regular THC user who counselled him that he must discontinue his use 48 hours prior to reporting for duty on his vessel. Even though he was recognized as a THC user, his MME considered the applicant fit for sea and issued him a limited MMC. The reason for the limitation was not for the THC use, but for several other health issues not relevant to this review. Over six months later, after having accepted that he was fit for sea, Transport Canada (TC) declared him unfit to hold an MMC. The applicant was in a safety-critical job and therefore in keeping with paragraph 278(4)(b) of the Marine Personnel Regulations (MPRs), his medical status had been reviewed and he was assessed as unfit to hold an MMC due to his regular use of THC. The applicant’s position is that TC had morphed his THC admission into a full-blown addiction case. The member considers TC’s decision to withdraw the applicant’s MMC unreasonable. Over a period of six months, TC had already considered the applicant fit, with the known fact that he was a regular THC user. There was no evidence that the applicant’s situation had changed. As the applicant correctly noted, if TC had thought he was a safety hazard, it had the opportunity of withdrawing his MMC upon receipt of the applicant’s Marine Medical Examination Report. The member also needs to determine whether it was reasonable for TC to apply, “Fitness criteria for common medical conditions” to the applicant’s case, namely “drug dependence / persistent substance abuse,” as referenced in the International Labour Organization and International Maritime Organization Guidelines on the medical examinations of seafarers. The member finds that there were no grounds for suggesting that the applicant was suffering from drug dependency and persistent substance abuse, and that the application of the MPRs was premature and unreasonable. In the applicant’s case, this ultimately caused him to lose his certification, which impacted his retirement plans, after 40 years at sea. The member has no alternative but to refer the matter back to the Minister of Transport for reconsideration.
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| APPEAL
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| DATE OF DECISION
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| MEMBERS
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| DECISION
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| REASONS FOR THE DECISION
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| OTHER/COMMENTS
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