I just received a reply from the FQAS regarding the new diving regulation. In the covering e-mail, I was told that the infrastructure is not yet in place, and until it is, the current situation will continue.
The beginning of a new era
The new Scuba Diving regulation from the Quebec Government is finally in effect. On February 07, 2002, Minister Legendre signed the official decree making it official. What impact will it have on the typical diver?
Firstly, the new regulation was prepared by divers, for divers. Secondly, it establishes qualification levels that all divers in Quebec must posses. Thirdly, it was prepared by the Quebec government, but it is administered by the Quebec SubAquatic Federation (the FQAS, as it is called in French). The FQAS was given four clear mandates: ensure divers safety, determine qualification standards, supervise qualification examinations, and issue qualification certificates.
Why was such a regulation created in the first place ? In 1991, when he submitted his first thematic report on the deaths of 9 divers that occurred in Quebec in 1990, coroner Denis Boudrias made many recommendations to correct this sad situation. His major proposals included the creation of a committee grouping all training agencies and other major players of the diving industry in Quebec aimed at developing safer diving practices. He also proposed the establishment of a minimum diving course standards to be followed by all training agencies, the development of adequate diver training materials in French, and the establishment of minimum safety standards to be adhere-to during while diving.
In 1995, Coroner Boudrias submitted a second report in which he analyzed 12 additional deaths that occurred in Quebec during the period of 1991 through 1994. He noted that there had been no improvement in diver training and diver supervision since his first report, and consequently recommended that the Law governing Sports Safety in Quebec be amended to include the practice of diving, the training of instructors and the issuance of qualification certificates.
In the spring of 1997, following the death of another beginner diver during an Openwater qualification dive in lake Orford in the Eastern Townships region, the Coroner submitted his third and final thematic report in which he blamed the provincial Government for not having followed-up on any of his previous recommendations.
In July 1997, the Quebec Government modified the Law governing Sports Safety in Quebec to include Scuba Diving. This was done without any consultation with divers. Since that date, the law is in place, but was not applied because its supporting regulations were not completed.
Shortly after that, the Quebec Government asked the Quebec Sports and Safety Administration (one of it own agencies) to prepare a set of regulations to govern Scuba diving. This agency prepared their guidelines and submitted them to the FQAS in October 1997. This first draft of the regulation was not representative of the diving reality in Quebec and thus was not accepted by the FQAS. The FQAS then offered to prepare an acceptable set of regulation.
In December 1997, the FQAS assembled all major players in the diving industry in Quebec and presented the situation to them. The FQAS then created the Ad Hoc committee responsible for the preparation of the regulation. It grouped representatives from every training agency operating in Quebec. Members of the committee included Course Directors from NAUI, PADI, ACUC, PDIC, and AMCQ, and other industry representatives (store owners). They were supported by a legal advisor who was also a Course Director. They were all unpaid volunteers who met every second week for 4 hours on Tuesday nights, for two and a half years. Between their meetings, they also devoted a lot of their time to prepare their dossiers and review and comments proposals from the other members of the group.
In parallel with this, the FQAS also restructured itself so as to be more representative of the entire diving community in Quebec. This obligation was imposed by the Quebec Government, who forced the FQAS to disassociate itself from its own training program. The FQAS changed its structure during its annual meeting held in the Fall of 1988.
In June of 1999, the text of the new regulation was completed, and was presented to the Government who proceeded to pass it along to its legal advisors for their review, and to subsequently translate it in English. In February 2000, the regulation was published in the Official Gazette of the Government, as required for any such regulation. For a period of 45 days, everyone (persons, businesses, agencies, etc.) had a chance of venting their concerns and proposes changes: 16 such proposals, letters and lists of comments were submitted.
In May 2002, the FQAS Ad-Hoc committee met again, that time to review and implement the many comments and suggestions made by the people that took some of their time to prepare and submit comments. Major efforts were made to simplify the regulation and make it more easily applicable.
From June 2000 to the summer of 2001, the regulation was put on hold. Then, from July through October 2001, the programs of the Technical Diving training agencies were added to the regulation. The final version of the regulation was ready for acceptance by the Minister and was signed on February 7, 2002. It was officially put into effect on April 1st.
How will it work?
The regulation establishes 3 qualification levels for divers, Class A, Class B and Class C. It also sets 2 qualification levels for Instructors, Class A and Class B. These levels are in accord with their respective training and abilities, but they are not training standards, i.e. they are not standards used for the training and certification of divers: they are levels to recognize the qualifications of divers.
The Class A diver level recognizes the abilities of the beginner diver. This diver dives occasionally, a few times a year. Based on what he learned during his training, this diver can dive during daylight hours, on a site with direct access to the surface, and can orient himself by using visual references. He can dive to a depth of 18 meters (60 feet).
The Class B diver level recognizes the abilities of the advanced diver. He dives regularly, has taken some specialty courses, has visited many dive sites in Quebec, and probably has taken a dive vacation in the Caribbean. He can dive day and night, on a site with direct access to the surface, and can go to a depth of 30 meters (100 feet), while respecting the no decompression limits.
The Class C diver recognizes the abilities of a certified Master Diver, Assistant Instructor, Dive Supervisor or Dive Master. He is a trained diving rescue specialist, and has acquired many specialty certifications. He dives often, to a depth of 40 meters (130 feet), while respecting the no decompression limits.
The Class A Instructor is the typical Diving Instructor. He trains divers at all levels, and will be allowed to issue the Recognition Levels for Class A, B and C divers. The Class B Instructor trains other Diving Instructors. The 2 Instructor levels can dive under the same conditions as the Class C divers.
The Diver Qualification levels are valid for 3 years, and the instructor levels are valid for 1 year. The training agencies certification cards will also continue to be required in order to be allowed to dive. The following agencies are recognized by the regulation: ACUC, AMCQ, ANDI, BSAC, CSAC, FIAS, GUE, IANTD, IDEA, NACD, NASDS, NAUI, NSS-CDS, PADI, PDIC, SDI, SSI, SDI / TDI and YMCA.
The renewal fees are $15 for 3 years for the Diver levels, and $25 annually for the Instructor levels. These sums will be entirely used to administer the program and to promote safe diving.
To renew a Diver level certificate, a diver shall be required to satisfy to at least one of the three following conditions:
Have done at least 10 dives in the previous 3 years, as shown in an official log book;
or
Have participated in a diving refresher course;
or
Have passed with success the exams required to obtain the Class A, B or C certificate,
as applicable.
To renew an Instructor level certificate, the Instructor shall be required to satisfy each of the following obligations:
Be a member in good standing order, as an instructor, of a training agency recognized
by the regulation;
and
Participate annually, to at least one instructor update clinic and/or seminar, offered by
the FQAS, by his training agency or by another organization recognized by the FQAS
Conclusion
The new regulation will ensure that divers benefit from safe diving courses, adapted to the diving conditions found in Quebec. Divers will have to maintain their qualification level up to date. Instructors will be submitted to a form of quality control by having to maintain their instructor qualification with their training agency, and by periodically having to update their knowledge and abilities.
The FQAS becomes a neutral source of diving information in Quebec. It also becomes an ideal partner in the promotion and development of safe diving resources and facilities.
