Compensation of Crew Members in Case of Shipwrecks
318. (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.
Hours of Work and Hours of Rest
319. (1) Sections 320, 322 and 323 apply in respect of Canadian vessels, including fishing vessels of 100 gross tonnage or more,
(a) engaged on sheltered waters voyages; or
(b) engaged on near coastal voyages, Class 1 or near coastal voyages, Class 2 while the vessels are in any waters other than those of a foreign state that has ratified the Convention.
(2) Sections 321 to 324 apply in respect of
(a) Canadian vessels
(i) engaged on near coastal voyages, Class 1 or near coastal voyages, Class 2 while the vessels are in the waters of a foreign state that has ratified the Convention, or
(ii) engaged on unlimited voyages; and
(b) foreign vessels in Canadian waters.
Minimum and Maximum Periods
320. The master of a vessel referred to in subsection 319(1) shall ensure that
(a) the master and every crew member have
(i) at least six consecutive hours of rest in every 24-hour period, and
(ii) at least 16 hours of rest in every 48-hour period; and
(b) not more than 18 hours but not less than six hours elapse between the end of a rest period and the beginning of the next rest period.
321. (1) The master of a vessel referred to in subsection 319(2) shall ensure that the master and every crew member
(a) do not work more than 14 hours in any 24-hour period or more than 72 hours in any 7-day period; or
(b) have at least 10 hours of rest in every 24-hour period and 77 hours of rest in every 7-day period.
(2) The master shall ensure that
(a) the hours of rest are divided into no more than two periods, one of which is at least 6 hours in length; and
(b) the interval between two consecutive rest periods does not exceed 14 hours.
Other Considerations and Limitations
322. (1) The master of a vessel shall ensure that the danger posed by the fatigue of crew members, especially those whose duties involve navigational safety and the safe and secure operation of the vessel, is taken into account when determining the scheduled hours of work and rest.
(2) Despite sections 320 and 321 and subject to subsection (1), the master may ensure that the hours of work and rest are in accordance with an applicable collective agreement that provides for hours of work and rest that are no less favourable to crew members.
(3) Sections 320 and 321 and subsection (2) do not apply when the master is conducting practice musters, fire-fighting drills or survival craft drills in accordance with regulations made under the Act if the master does so in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
(4) Sections 320 and 321 and subsection (2) do not apply in respect of a crew member who is on call if the crew member has compensatory rest periods and the rest period required by those provisions is disturbed by calls to work.
(5) The master may suspend the schedule of hours of work and rest if it is necessary to do so for the immediate safety of the vessel, persons on board or the cargo, or for the purposes of giving assistance to other vessels or persons in distress at sea. As soon as feasible, the master shall ensure that every crew member who has performed work in a scheduled rest period is provided with a compensatory rest period.
- Date modified: