Marine Personnel Regulations (SOR/2007-115)

333. (1) Every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage, other than an inland voyage, shall hold a Maritime Labour Certificate or an Interim Maritime Labour Certificate.

(2) The authorized representative of every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage, other than an inland voyage, shall hold a Declaration of Maritime Labour Compliance.

(3) Subsection (2) does not apply in respect of a vessel that holds an Interim Maritime Labour Certificate.

334. (1) On application, the Minister shall issue a Maritime Labour Certificate to a Canadian vessel if the applicable requirements regarding the following are met:

• (a) the minimum age of crew members as set out in section 302 and the work hours of persons under 18 years of age as set out in section 303;

• (b) medical certification as set out in Division 8 of Part 2;

• (c) qualifications of seafarers as set out in Part 1;

• (d) articles of agreement as set out in section 91 of the Act and section 308, collective agreements as set out in section 309 and certificates of discharge as set out in section 92 of the Act;

• (e) use of recruitment and placement services as set out in subsection 304(2);

• (f) hours of work or rest as set out in sections 319 to 323;

• (g) crewing levels for the vessel as set out in Part 2;

• (h) health and safety as set out in Part II of the Canada Labour Code, as well as

  • (i) accommodation as set out in section 331, in the Crew Accommodation Regulations or the Towboat Crew Accommodation Regulations, as the case may be,

  • (ii) on-board recreational facilities as set out in the Crew Accommodation Regulations or the Towboat Crew Accommodation Regulations, as the case may be,

  • (iii) food and catering as set out in section 329, and

  • (iv) accident prevention as set out in the Tackle Regulations;

• (i) on-board complaint procedures as set out in section 127.1 of the Canada Labour Code and section 332; and

• (j) payment and transmittal of wages as set out in sections 315 to 317.

(2) On application, the Minister shall issue an Interim Maritime Labour Certificate to a Canadian vessel if the requirements referred to in subsection (3) are met and

• (a) the vessel has just been registered in Canada; or

• (b) there is a new authorized representative of the vessel following a change in ownership of the vessel.

(3) The requirements referred to in subsection (2) are the following:

• (a) the applicable requirements referred to in paragraphs (1)(b) to (d);

• (b) the applicable requirements referred to in paragraphs (1)(a) and (e) to (j) in so far as meeting those requirements when the Interim Maritime Labour Certificate is issued is reasonable and feasible; and

• (c) the vessel’s master is familiar with the requirements referred to in subsection (1) and who is to comply with them.

(4) Subsections (1) to (3) apply in respect of fishing vessels that are Canadian vessels but they shall be considered as vessels that are not fishing vessels for the purpose of determining the applicable requirements referred to in

• (a) paragraphs (1)(a), (b), (d), (e) and (h) to (j); and

• (b) paragraph (1)(f) in so far as it relates to vessels referred to in subsection 319(2).