Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2017-11-20 and last amended on 2017-02-03. Previous Versions

SCHEDULE TO PART 2(Subsections 216(5) and 247(3))Equipment

The equipment referred to in subsections 216(5) and 247(3) is the following:

  • (a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which are located

    • (i) helm, speed, whistle and general alarm controls,

    • (ii) a shaft revolution and direction indicator for each propeller shaft,

    • (iii) a propeller pitch indicator for each controllable pitch propeller,

    • (iv) a rudder angle indicator for each independently controlled rudder,

    • (v) a compass or compass repeater,

    • (vi) a radar display and its associated controls and plotting facilities,

    • (vii) a clock, and

    • (viii) a facility for the primary control and use of

      • (A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and

      • (B) the internal communications systems that are required to be fitted in the vessel;

  • (b) an automatic steering device that incorporates manual override;

  • (c) an electronic two-way voice communication system that is operable in the absence of the vessel’s main source of power and connects the conning position with

    • (i) the master’s accommodation,

    • (ii) the chief engineer’s accommodation,

    • (iii) each berth in which a person assigned to a deck watch is berthed,

    • (iv) each mess, recreation room or accommodation passageway, and

    • (v) any position close to the main engine controls;

  • (d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on vessels where an efficient fire patrol system is carried out in those spaces by persons who are not, at the time of the patrol, assigned to the deck watch;

  • (e) an automatic warning system that immediately indicates on the bridge the loss of the watertight integrity of any bow, side or stern door that is designed for the passage of vehicles;

  • (f) remote monitoring and control devices that

    • (i) indicate the soundings of, or excessive levels in, all ballast tanks and bilges,

    • (ii) control the pumping of all of the ballast tanks and bilges, unless this is done by persons who, at the time of the pumping, are not assigned to the deck watch, and

    • (iii) control the ventilation of cargo spaces, unless this is done by persons who, at the time of that operation, are not assigned to the deck watch;

  • (g) a sound-signalling appliance that can automatically sound the whistle signals required by the Collision Regulations;

  • (h) centralized controls and automatic monitoring of two independent systems of permanently installed navigation lights that comply with the Collision Regulations; and

  • (i) light lunch facilities.

PART 3Maritime Labour Standards

Interpretation

 The following definitions apply in this Part.

Convention

Convention means the Maritime Labour Convention, 2006. (Convention)

hours of rest

hours of rest means rest time outside hours of work and does not include short breaks. (heures de repos)

seafarer recruitment and placement service

seafarer recruitment and placement service means any service that is engaged in recruiting or placing persons for work on vessels. (service de recrutement et de placement des gens de mer)

shipowner

shipowner means

  • (a) the registered owner of a vessel; or

  • (b) any person, such as the manager, agent or bare-boat charterer of a vessel, who has assumed responsibility for the operation of a vessel from its registered owner and who, on assuming that responsibility, has agreed to take over the duties and responsibilities imposed on shipowners under the Convention. (armateur)

Application

  •  (1) Except as otherwise provided in this Part, this Part applies in respect of

    • (a) Canadian vessels everywhere and foreign vessels in Canadian waters; and

    • (b) seafarer recruitment and placement services that recruit or place persons for work on

      • (i) Canadian vessels, including fishing vessels, that are engaged on a near coastal voyage, Class 1 or an unlimited voyage, or

      • (ii) foreign vessels.

  • (2) Except as provided in subparagraph (1)(b)(i) and sections 319, 334 and 335, this Part does not apply in respect of fishing vessels.

  • (3) Except as provided in subsection (4), this Part does not apply in respect of

    • (a) pleasure craft;

    • (b) vessels of traditional build, such as canoes and kayaks; or

    • (c) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.

  • (4) This Part, other than sections 339 and 340, applies in respect of vessels that

    • (a) are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; and

    • (b) are engaged in navigation.

DIVISION 1Requirements Regarding Age

Minimum Age

 The master of a Canadian vessel shall ensure that no person under 16 years of age is employed, engaged or works on the vessel.

Persons Under 18 Years of Age

  •  (1) The master of a Canadian vessel that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage, shall ensure that every person under 18 years of age who is employed, engaged or works on the vessel does not work during a period of at least nine consecutive hours that begins at or before midnight and ends at or after 5:00 a.m.

  • (2) Subsection (1) does not apply in respect of a person if

    • (a) the training of the person in accordance with an approved training program would be impaired; or

    • (b) the specific nature of the person’s duties or an approved training program requires the person to work during that period and the work will not have a detrimental impact on the person’s health or well-being.

  • (3) Paragraph (2)(b) is not applicable if the Minister has determined, after consultation with the shipowners’ and crew members’ organizations concerned, if any, that the work will have a detrimental impact on the person’s health or well-being.

DIVISION 2Seafarer Recruitment and Placement Services

Recruitment and Placement

  •  (1) No person shall operate a seafarer recruitment and placement service unless they hold a Seafarer Recruitment and Placement Service Licence issued by the Minister.

  • (2) The authorized representative of a vessel shall ensure that persons are not recruited or placed for work on the vessel by a seafarer recruitment and placement service unless the service

    • (a) if it is located in Canada, holds a Seafarer Recruitment and Placement Service Licence issued by the Minister;

    • (b) if it is located in a foreign state that has ratified the Convention,

      • (i) is a private service that complies with the laws of the state that implement Standard A1.4 of the Convention, or

      • (ii) is a public service operated by the state; or

    • (c) if it is located in a foreign state that has not ratified the Convention, complies with the requirements set out in Standard A1.4.5(c)(i) to (vi) of the Convention and does not

      • (i) impose, directly or indirectly, fees or other charges on any person for recruiting, placing or providing employment to them on board a vessel, other than the cost of obtaining a medical certificate, the person’s record of sea service or a passport or any other similar personal travel document other than a visa, or

      • (ii) use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.

  • (3) This section does not apply in respect of a seafarer recruitment and placement service operated by a trade union that has been certified under the Canada Labour Code by the Canada Industrial Relations Board as the bargaining agent for the employees in a bargaining unit and the certification of which has not been revoked.

 
Date modified: