Merchant Seamen Compensation Act

Marginal note:Computation of average earnings

• 41 (1) Average earnings shall be computed in such a manner as is best calculated to give the rate per week or month at which a seaman was remunerated but not so as in any case to exceed the rate of twenty-seven thousand two hundred and fifty dollars per annum.

• Marginal note:In case of shortness of employment

  (2) Where, owing to the shortness of the time during which a seaman was in the employment of his employer or the casual nature of his employment or the terms thereof, it is impracticable to compute the rate of remuneration as of the date of an accident, regard may be had to the average weekly or monthly amount that, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so employed, then by a person in the same grade employed in the same class of employment on a ship of the same class.

• Marginal note:Definition of "employment by the same employer"

  (3) For the purpose of this section, the expression employment by the same employer means employment by the same employer in the grade in which the seaman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.

• Marginal note:Special expenses not counted

  (4) Where an employer was accustomed to pay a seaman a sum to cover any special expense entailed on him by the nature of his employment, that sum shall not be reckoned as part of his earnings.

• Marginal note:Earnings at time of accident considered

  (5) Where in any case it seems more equitable, the Board may award compensation, having regard to the earnings of a seaman at the time of an accident.