Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Act current to 2014-10-27 and last amended on 2013-12-01. Previous Versions

Marginal note:Discharge

 When a crew member of a Canadian vessel is discharged, the authorized representative shall provide the member with a certificate of discharge in the form and manner specified by the Minister.

Marginal note:Record of sea service
  •  (1) The authorized representative and every crew member of a Canadian vessel shall each maintain, in the form and manner and for the period specified by the Minister, a record of sea service of the member.

  • Marginal note:Copies to the Minister

    (2) On request, the authorized representative shall provide the Minister with a copy of, or an extract from, a crew member’s record of sea service.

Return of Crew Members

Marginal note:Return and payment of expenses
  •  (1) Subject to the regulations and except in the case of desertion or mutual agreement, if a crew member is left behind when a Canadian vessel sails or is shipwrecked, the authorized representative shall ensure that arrangements are made to return the crew member to the place where they first came on board or to another place to which they have agreed, and pay the expenses of returning the crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.

  • Marginal note:Exception if insurance

    (2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid.

  • Marginal note:If authorized representative does not comply

    (3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.

Marginal note:Desertion or serious violation of contract

 If a crew member deserts a Canadian vessel or has committed a serious violation of their contract of employment, the authorized representative or, if the authorized representative entered into an agreement with another person to provide the crew member, that person may return the crew member to the place where they first came on board or to another place on which they and the authorized representative or the other person, as the case may be, have agreed. The expenses of returning the crew member may be deducted from any remuneration due to them.

Births and Deaths

Marginal note:Informing the Minister

 The authorized representative of a Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of every birth or death on board.

Marginal note:Death of crew member
  •  (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall

    • (a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and

    • (b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.

  • Marginal note:Cremation or burial

    (2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known.

  • Marginal note:Exceptional circumstances

    (3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body.

  • Marginal note:Property of a deceased crew member

    (4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.