Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2015-02-04 and last amended on 2014-12-31. Previous Versions

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.