Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2017-10-13 and last amended on 2017-02-03. Previous Versions

DIVISION 4Separate Hospital Accommodation

  •  (1) The authorized representative of a Canadian vessel that is carrying 15 or more crew members and is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage, of more than three days’ duration shall ensure that there is separate hospital accommodation on board that is easy to access, is suitable to accommodate persons in need of medical care and is conducive to their promptly receiving the necessary care.

  • (2) The vessel’s master shall ensure that the accommodation is used exclusively for medical purposes.

  • (3) This section does not apply in respect of vessels constructed before the day on which the Convention comes into force in Canada.

  • (4) For the purpose of this section, a vessel is constructed on the earlier of

    • (a) the day on which its keel is laid, and

    • (b) the day on which construction identifiable with a specific vessel begins.

DIVISION 5On-board Complaint Procedures

  •  (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 the crew members can avail themselves of the on-board complaint procedures set out in this section.

  • (2) Crew members may make a complaint with respect to

    • (a) an alleged breach of

      • (i) any of the applicable requirements set out in subsection 93(1) or 94(1) of the Act or in subsection 334(1),

      • (ii) section 425 of the Criminal Code or the right to freedom of association and to collective bargaining set out in Part I of the Canada Labour Code, or

      • (iii) section 423 of the Criminal Code in respect of compelling someone to work; or

    • (b) an alleged discriminatory practice described in

      • (i) any of sections 7 to 12 and paragraph 14(1)(c) of the Canadian Human Rights Act, or

      • (ii) section 14.1 of that Act in respect of a complaint related to an alleged discriminatory practice described in a provision referred to in subparagraph (i).

  • (3) The complaint may be made to

    • (a) the head of the crew member’s department;

    • (b) the crew member’s superior officer;

    • (c) the vessel’s master; or

    • (d) the vessel’s authorized representative.

  • (4) A complainant may be represented by any other crew member on board if that crew member consents.

  • (5) The complainant and their representative may attend any meeting or hearing with respect to the complaint.

  • (6) If a person referred to in paragraph (3)(a) or (b) cannot resolve a complaint to the satisfaction of the complainant, the person shall refer it to the vessel’s master.

  • (7) If the master cannot resolve a complaint to the satisfaction of the complainant, the master shall refer it to the vessel’s authorized representative.

  • (8) The person to whom a complaint is made or referred shall attempt to resolve it as soon as feasible.

  • (9) The person who resolves a complaint shall record in writing the details of the complaint and its resolution and give a copy of the record to the complainant and any other parties involved.

  • (10) Nothing in this section shall be construed as limiting or restricting any right a crew member may have under any other law or under any custom, contract or arrangement.

  • (11) This section does not apply in respect of complaints to which section 127.1 of the Canada Labour Code applies.

DIVISION 6Maritime Labour Certificates and Declarations of Compliance

Requirements to Hold

  •  (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.

Issuance of Maritime Labour Certificates

  •  (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) 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).

Issuance of Maritime Labour Declarations of Compliance

  •  (1) On application, the Minister shall issue a Declaration of Maritime Labour Compliance to the authorized representative of a Canadian vessel who has procedures in place to ensure compliance with the applicable requirements referred to in subsection 334(1).

  • (2) Subsection (1) applies 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 334(1)(a), (b), (d), (e) and (h) to (j); and

    • (b) paragraph 334(1)(f) in so far as it relates to vessels referred to in subsection 319(2).

 
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