Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2017-09-27 and last amended on 2017-02-03. Previous Versions

Issuance of Licences

 On application, the Minister shall issue a Seafarer Recruitment and Placement Service Licence if

  • (a) the applicant has procedures in place to ensure compliance with Part 1 of the Personal Information Protection and Electronic Documents Act;

  • (b) the applicant’s staff responsible for the supervision of public or private seafarer recruitment and placement services for a vessel’s crew with responsibility for the vessel’s safe navigation and pollution prevention operations have had training in those operations, including the sea-service experience required to obtain a certificate under Part 1, and have knowledge of the maritime industry, including the STCW Convention and the maritime labour conventions and recommendations published by the International Labour Organization;

  • (c) the applicant has a system of quality standards in place; and

  • (d) the applicant has insurance or other financial arrangements sufficient to compensate crew members for monetary loss that they may reasonably incur as a result of a failure of the applicant, the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, to meet its obligations to the crew members under their contracts of employment.

Licensees

  •  (1) Every licensee shall

    • (a) maintain on their premises an up-to-date register of all persons they recruit or place;

    • (b) ensure that every person recruited or placed by them is qualified and holds the documents necessary for the position concerned, and that the person’s contract of employment is in accordance with the applicable laws and regulations and any applicable collective agreement;

    • (c) ensure that every person recruited or placed by them is informed of their rights and obligations under their contract of employment before or in the process of engagement and that proper arrangements are made for them to examine their contract of employment before and after they are signed and for them to receive a copy of the contract;

    • (d) ensure, as far as feasible, that the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, has the means to protect persons that the licensee recruits or places for work on the vessel from being stranded in a foreign port; and

    • (e) examine and respond to any complaint concerning their activities and advise the Minister of any unresolved complaint.

  • (2) No licensee shall use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.

Fees or Other Charges

 No person shall 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.

DIVISION 3Conditions of Employment

Articles of Agreement

  •  (1) For the purpose of subsection 91(1) of the Act, the master of a Canadian vessel shall enter into articles of agreement if the vessel

    • (a) engages on unlimited voyages or international voyages, other than inland voyages; or

    • (b) is of 100 gross tonnage or more and engages on near coastal voyages, Class 1, other than inland voyages.

  • (2) In addition to the information required by subsection 91(2) of the Act, articles of agreement must contain the following information:

    • (a) the crew member’s date and place of birth;

    • (b) the authorized representative’s name and address;

    • (c) the place at which and the date on which the articles of agreement were entered into;

    • (d) the capacity in which the crew member is to be employed;

    • (e) the amount of the crew member’s wages or the formula for calculating them if they are calculated using a formula;

    • (f) the amount of the crew member’s paid annual leave or the formula for calculating it if it is calculated using a formula; and

    • (g) whether a collective agreement applies to the crew member.

Collective Agreements That Are Part of Articles of Agreement

 If a collective agreement is part of the articles of agreement of a crew member of a Canadian vessel of 100 gross tonnage or more that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage, the vessel’s master shall ensure that a copy of the agreement is available on board and, if the copy in not in English, that a copy in English is available on board.

Visas

 The authorized representative of a Canadian vessel and the shipowner, in the case of a foreign vessel, shall pay for the visas of crew members on board.

Termination of Employment and Payment of Wages and Compensation

Application

 Sections 312 to 318 apply in respect of Canadian vessels that are engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage.

Termination of Employment by Employer

  •  (1) Subject to any collective agreement that applies to the crew member, the master of a vessel who intends to terminate a crew member’s employment shall give the crew member

    • (a) notice in writing, at least one week before the date specified in the notice, of the intention to terminate their employment on that date; or

    • (b) an indemnity equal to one week’s wages at their regular rate of pay for their regular hours of work, in lieu of the notice.

  • (2) Subsection (1) does not apply if

    • (a) section 230 of the Canada Labour Code applies;

    • (b) the crew member’s employment is terminated for committing a serious violation of their contract of employment; or

    • (c) the master and the crew member agree on a shorter notice of termination.

Termination of Employment by Crew Member

  •  (1) Subject to any collective agreement that applies to the crew member, a crew member employed on a vessel shall give the vessel’s master at least one week’s notice of the crew member’s intention to terminate their employment.

  • (2) Subsection (1) does not apply if

    • (a) the crew member is unable by reason of illness to perform their duties; or

    • (b) the master and the crew member agree on a shorter notice of termination.

Loss of Vessel or Death

 A crew member’s employment on a vessel is terminated

  • (a) on their death; or

  • (b) if the vessel is shipwrecked or otherwise totally unseaworthy.

Monthly Payment and Accounting

  •  (1) The master of a vessel shall ensure that crew members’ wages are paid

    • (a) monthly or at more frequent regular intervals; or

    • (b) in accordance with any applicable collective agreement.

  • (2) The master shall give every crew member a monthly account of their wages due and the amounts paid, including the rate of exchange used if payment is made in currency or at a rate different from the one agreed to.

Payment on Termination of Employment

 The master of a vessel shall ensure that a crew member is paid any wages due when their employment is terminated

  • (a) without undue delay; or

  • (b) in accordance with any applicable collective agreement.

Transmittal of Wages

  •  (1) The authorized representative of a vessel shall take measures to provide crew members with a means to transmit all or part of their wages to their families, dependants, assigns or successors. The measures may include a system to enable crew members, when they enter into articles of agreement or while working on board, to allot a portion of their earnings to their families by bank transfers or similar means.

  • (2) The authorized representative shall ensure that the allotments are remitted in due time and directly to the person or persons nominated by the crew members.

  • (3) The authorized representative shall ensure that any charge for the measures taken under subsection (1) is reasonable and that the rate of exchange is at the prevailing market rate or is determined in accordance with any applicable collective agreement.

Compensation of Crew Members in Case of Shipwrecks

  •  (1) The authorized representative of a vessel that is shipwrecked shall pay to every crew member who was on board immediately before the shipwreck an indemnity against unemployment resulting from the shipwreck.

  • (2) The indemnity shall be paid for the days during which the crew member remains unemployed at the same rate as the wages payable under the contract of employment, but the total indemnity payable to any one seafarer may be limited to two months’ wages.

  • (3) Crew members shall have the same legal remedies for recovering the indemnities as they have for recovering arrears of wages.

 
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