Marine Personnel Regulations (SOR/2007-115)

• 329. (1) The master of a Canadian vessel that is engaged on a voyage other than a sheltered waters voyage, an inland voyage or an intraprovincial voyage shall ensure that

  • (a) the crew members who are living on board can meet the recommendations of Eating Well with Canada’s Food Guide;

  • (b) there is made available sufficient potable water for all crew members on board; and

  • (c) the vessel’s potable water system meets the requirements set out in paragraphs 8(a) to (g) of the Potable Water Regulations for Common Carriers.

• (2) No person shall charge a crew member for food or water required to comply with subsection (1).

330. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in

• (a) section 310, in respect of visas required to join the vessel;

• (b) subsection 327(1); and

• (c) subsections 328(1) and (2).

• 331. (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.

• 332. (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.