PART 3Personnel (continued)
Articles of Agreement, Discharge and Record of Sea Service (continued)
92 When a crew member of a Canadian vessel is discharged, the authorized representative shall provide the member with a certificate of discharge in the form and manner specified by the Minister.
Marginal note:Record of sea service
93 (1) The authorized representative and every crew member of a Canadian vessel shall each maintain, in the form and manner and for the period specified by the Minister, a record of sea service of the member.
Marginal note:Copies to the Minister
(2) On request, the authorized representative shall provide the Minister with a copy of, or an extract from, a crew member’s record of sea service.
Return of Crew Members
Marginal note:Return and payment of expenses
94 (1) Subject to the regulations and except in the case of desertion or mutual agreement, if a crew member is left behind when a Canadian vessel sails or is shipwrecked, the authorized representative shall ensure that arrangements are made to return the crew member to the place where they first came on board or to another place to which they have agreed, and pay the expenses of returning the crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.
Marginal note:Exception if insurance
(2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid.
Marginal note:If authorized representative does not comply
(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.
Marginal note:Desertion or serious violation of contract
95 If a crew member deserts a Canadian vessel or has committed a serious violation of their contract of employment, the authorized representative or, if the authorized representative entered into an agreement with another person to provide the crew member, that person may return the crew member to the place where they first came on board or to another place on which they and the authorized representative or the other person, as the case may be, have agreed. The expenses of returning the crew member may be deducted from any remuneration due to them.
Births and Deaths
Marginal note:Informing the Minister
96 The authorized representative of a Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of every birth or death on board.
Marginal note:Death of crew member
(a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and
(b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.
Marginal note:Cremation or burial
(2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known.
Marginal note:Exceptional circumstances
(3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body.
Marginal note:Property of a deceased crew member
(4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.
Obligation of Persons Who Provide Crew Members
Marginal note:If an agreement to provide crew members
98 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) paragraph 91(1)(a) (enter into articles);
(b) section 92 (provide certificate of discharge);
(c) subsection 93(1) (maintain record of sea service);
(d) subsection 93(2) (provide copy of record of sea service); and
(e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.
Resolution of Disputes
Marginal note:Adjudication by Minister
99 The Minister may, on the request of the authorized representative and a crew member of a Canadian vessel, adjudicate any dispute between them that arises under this Part. The Minister’s decision is binding on the parties.
100 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations
(a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;
(b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;
(c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;
(d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;
(e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;
(f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;
(g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1);
(h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;
(i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;
(j) specifying the information that must be contained in articles of agreement;
(k) specifying what constitutes a serious violation of a contract of employment;
(m) respecting the payment and allotment of crew members’ wages.
- 2001, c. 26, s. 100;
- 2017, c. 26, s. 43(F).
Offences and Punishment
Marginal note:Contravention of Act or regulations
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Marginal note:Continuing offence
(3) If an offence under subsection (1) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.
Marginal note:Contravention of Act
(a) section 87 (hold certificate or document and comply with its terms and conditions);
(b) subsection 90(1) (inform Minister of medical opinion);
(c) subsection 90(2) (inform that holder of a certificate);
(d) subsection 94(1) (pay expenses);
(e) subsection 97(1), (2), (3) or (4) (take measures following a death); or
(f) paragraph 98(e) (failure to pay expenses).
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
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