323. The master of a vessel shall keep a record of every crew member’s daily hours of work or hours of rest until the crew member is discharged.
Table of Shipboard Working Arrangements
324. (1) The master of a vessel shall ensure that a table with the shipboard working arrangements is posted in a conspicuous place on board the vessel. For every position on board, the table shall contain
(a) the schedule of service at sea and in port; and
(b) the maximum hours of work or the minimum hours of rest required by section 321 or any applicable collective agreement.
(2) The table shall be in the working language of the vessel and in English.
325. (1) This section applies in respect of Canadian vessels that are engaged on
(a) near coastal voyages, Class 1 or international voyages that are not in Canadian waters or the waters of the continental United States (including Alaska); or
(b) unlimited voyages.
(2) Unless the time for a crew member to take paid annual leave is fixed by the applicable collective agreement or an arbitration award, the vessel’s authorized representative shall determine when it is to be taken after consultation and, as far as possible, in agreement with the crew member or their representative.
(3) If a crew member is required to take their paid annual leave from a place other than the place at which they first came on board, the vessel’s authorized representative shall ensure that
(a) they are entitled to free transportation to the latter place, including the subsistence and other costs directly involved in their return; and
(b) the travel time involved is not deducted from their paid annual leave.
(4) The authorized representative shall ensure that no crew member who is on paid annual leave is recalled unless there is an extreme emergency.
326. The master of a Canadian vessel shall grant crew members shore leave consistent with their health and well-being and with the operational requirements of their positions.
327. (1) The authorized representative of a Canadian vessel shall ensure that no crew member is required to make an advance payment at the beginning of their employment towards the expenses referred to in subsection 94(1) of the Act or section 328.
(2) The authorized representative shall ensure that the time a crew member spends waiting to be returned and being returned under subsection 94(1) of the Act or section 328 is not deducted from the paid leave accrued to them.
328. (1) Except in the case of desertion or mutual agreement, before a Canadian vessel is disposed of or is transferred to the flag of a foreign state or when a Canadian vessel is totally unseaworthy, the vessel’s authorized representative shall
(a) ensure that arrangements are made to return every crew member to the place where they first came on board or to another place to which they have agreed; and
(b) pay the expenses of returning every crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.
(2) The authorized representative of a Canadian vessel shall have insurance or other financial arrangements sufficient to compensate crew members for any monetary loss that they may reasonably incur as a result of a failure of the authorized representative to meet its obligations to them under subsection 94(1) of the Act or subsection (1).
(3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.
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