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

Marginal note:If an agreement to provide crew members

98. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in

• (a) paragraph 91(1)(a) (enter into articles);

• (b) section 92 (provide certificate of discharge);

• (c) subsection 93(1) (maintain record of sea service);

• (d) subsection 93(2) (provide copy of record of sea service); and

• (e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.

Marginal note:Adjudication by Minister

99. The Minister may, on the request of the authorized representative and a crew member of a Canadian vessel, adjudicate any dispute between them that arises under this Part. The Minister’s decision is binding on the parties.

Marginal note:Regulations

100. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

• (a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;

• (b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;

• (c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;

• (d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;

• (e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;

• (f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;

• (g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1);

• (h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;

• (i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;

• (j) specifying the information that must be contained in articles of agreement;

• (k) specifying what constitutes a serious violation of a contract of employment;

• (l) respecting any occupational health or safety matter on board a vessel that is not regulated by the Canada Labour Code; and

• (m) respecting the payment and allotment of crew members’ wages.