Merchant Seamen Compensation Act

Marginal note:Cases where compensation may be diverted

• 44 (1) If a seaman is entitled to compensation and it is made to appear to the Board that the seaman’s spouse, former spouse, common-law partner, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the seaman for their benefit.

• Marginal note:Diversion of compensation from survivor

  (2) If the survivor of a seaman is entitled to compensation under section 31 and it is made to appear to the Board that the seaman’s spouse, former spouse, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the survivor for their benefit.

• Marginal note:Meaning of "common-law partner"

  (3) In this section, common-law partner means a person who is cohabiting with a seaman in a conjugal relationship, having so cohabited for a period of at least one year, or who had been so cohabiting for a period of at least one year at the time of the seaman’s death.