The equipment referred to in subsections 216(5) and 247(3) is the following:
(a) a centralized conning position from which a proper lookout can be kept in all weather conditions and at which are located
(i) helm, speed, whistle and general alarm controls,
(ii) a shaft revolution and direction indicator for each propeller shaft,
(iii) a propeller pitch indicator for each controllable pitch propeller,
(iv) a rudder angle indicator for each independently controlled rudder,
(v) a compass or compass repeater,
(vi) a radar display and its associated controls and plotting facilities,
(vii) a clock, and
(viii) a facility for the primary control and use of
(A) each radiotelephone on which a listening watch is kept by any person assigned to the deck watch, and
(B) the internal communications systems that are required to be fitted in the vessel;
(b) an automatic steering device that incorporates manual override;
(c) an electronic two-way voice communication system that is operable in the absence of the vessel’s main source of power and connects the conning position with
(i) the master’s accommodation,
(ii) the chief engineer’s accommodation,
(iii) each berth in which a person assigned to a deck watch is berthed,
(iv) each mess, recreation room or accommodation passageway, and
(v) any position close to the main engine controls;
(d) a fire detection and alarm system for each crew mess, recreation room, galley and accommodation passageway, except on vessels where an efficient fire patrol system is carried out in those spaces by persons who are not, at the time of the patrol, assigned to the deck watch;
(e) an automatic warning system that immediately indicates on the bridge the loss of the watertight integrity of any bow, side or stern door that is designed for the passage of vehicles;
(f) remote monitoring and control devices that
(i) indicate the soundings of, or excessive levels in, all ballast tanks and bilges,
(ii) control the pumping of all of the ballast tanks and bilges, unless this is done by persons who, at the time of the pumping, are not assigned to the deck watch, and
(iii) control the ventilation of cargo spaces, unless this is done by persons who, at the time of that operation, are not assigned to the deck watch;
(g) a sound-signalling appliance that can automatically sound the whistle signals required by the Collision Regulations;
(h) centralized controls and automatic monitoring of two independent systems of permanently installed navigation lights that comply with the Collision Regulations; and
(i) light lunch facilities.
PART 3Maritime Labour Standards
300 The following definitions apply in this Part.
Convention means the Maritime Labour Convention, 2006. (Convention)
- hours of rest
hours of rest means rest time outside hours of work and does not include short breaks. (heures de repos)
- seafarer recruitment and placement service
seafarer recruitment and placement service means any service that is engaged in recruiting or placing persons for work on vessels. (service de recrutement et de placement des gens de mer)
(a) the registered owner of a vessel; or
(b) any person, such as the manager, agent or bare-boat charterer of a vessel, who has assumed responsibility for the operation of a vessel from its registered owner and who, on assuming that responsibility, has agreed to take over the duties and responsibilities imposed on shipowners under the Convention. (armateur)
301 (1) Except as otherwise provided in this Part, this Part applies in respect of
(a) Canadian vessels everywhere and foreign vessels in Canadian waters; and
(b) seafarer recruitment and placement services that recruit or place persons for work on
(i) Canadian vessels, including fishing vessels, that are engaged on a near coastal voyage, Class 1 or an unlimited voyage, or
(ii) foreign vessels.
(2) Except as provided in subparagraph (1)(b)(i) and sections 319, 334 and 335, this Part does not apply in respect of fishing vessels.
(3) Except as provided in subsection (4), this Part does not apply in respect of
(a) pleasure craft;
(b) vessels of traditional build, such as canoes and kayaks; or
(c) vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.
(4) This Part, other than sections 339 and 340, applies in respect of vessels that
(a) are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas; and
(b) are engaged in navigation.
DIVISION 1Requirements Regarding Age
302 The master of a Canadian vessel shall ensure that no person under 16 years of age is employed, engaged or works on the vessel.
Persons Under 18 Years of Age
303 (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 every person under 18 years of age who is employed, engaged or works on the vessel does not work during a period of at least nine consecutive hours that begins at or before midnight and ends at or after 5:00 a.m.
(2) Subsection (1) does not apply in respect of a person if
(a) the training of the person in accordance with an approved training program would be impaired; or
(b) the specific nature of the person’s duties or an approved training program requires the person to work during that period and the work will not have a detrimental impact on the person’s health or well-being.
(3) Paragraph (2)(b) is not applicable if the Minister has determined, after consultation with the shipowners’ and crew members’ organizations concerned, if any, that the work will have a detrimental impact on the person’s health or well-being.
DIVISION 2Seafarer Recruitment and Placement Services
Recruitment and Placement
304 (1) No person shall operate a seafarer recruitment and placement service unless they hold a Seafarer Recruitment and Placement Service Licence issued by the Minister.
(2) The authorized representative of a vessel shall ensure that persons are not recruited or placed for work on the vessel by a seafarer recruitment and placement service unless the service
(a) if it is located in Canada, holds a Seafarer Recruitment and Placement Service Licence issued by the Minister;
(b) if it is located in a foreign state that has ratified the Convention,
(i) is a private service that complies with the laws of the state that implement Standard A1.4 of the Convention, or
(ii) is a public service operated by the state; or
(c) if it is located in a foreign state that has not ratified the Convention, complies with the requirements set out in Standard A1.4.5(c)(i) to (vi) of the Convention and does not
(i) impose, directly or indirectly, fees or other charges on any person for recruiting, placing or providing employment to them on board a vessel, other than the cost of obtaining a medical certificate, the person’s record of sea service or a passport or any other similar personal travel document other than a visa, or
(ii) use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.
(3) This section does not apply in respect of a seafarer recruitment and placement service operated by a trade union that has been certified under the Canada Labour Code by the Canada Industrial Relations Board as the bargaining agent for the employees in a bargaining unit and the certification of which has not been revoked.
Issuance of Licences
305 On application, the Minister shall issue a Seafarer Recruitment and Placement Service Licence if
(a) the applicant has procedures in place to ensure compliance with Part 1 of the Personal Information Protection and Electronic Documents Act;
(b) the applicant’s staff responsible for the supervision of public or private seafarer recruitment and placement services for a vessel’s crew with responsibility for the vessel’s safe navigation and pollution prevention operations have had training in those operations, including the sea-service experience required to obtain a certificate under Part 1, and have knowledge of the maritime industry, including the STCW Convention and the maritime labour conventions and recommendations published by the International Labour Organization;
(c) the applicant has a system of quality standards in place; and
(d) the applicant has insurance or other financial arrangements sufficient to compensate crew members for monetary loss that they may reasonably incur as a result of a failure of the applicant, the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, to meet its obligations to the crew members under their contracts of employment.
306 (1) Every licensee shall
(a) maintain on their premises an up-to-date register of all persons they recruit or place;
(b) ensure that every person recruited or placed by them is qualified and holds the documents necessary for the position concerned, and that the person’s contract of employment is in accordance with the applicable laws and regulations and any applicable collective agreement;
(c) ensure that every person recruited or placed by them is informed of their rights and obligations under their contract of employment before or in the process of engagement and that proper arrangements are made for them to examine their contract of employment before and after they are signed and for them to receive a copy of the contract;
(d) ensure, as far as feasible, that the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, has the means to protect persons that the licensee recruits or places for work on the vessel from being stranded in a foreign port; and
(e) examine and respond to any complaint concerning their activities and advise the Minister of any unresolved complaint.
(2) No licensee shall use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.
Fees or Other Charges
307 No person shall impose, directly or indirectly, fees or other charges on any person for recruiting, placing or providing employment to them on board a vessel, other than the cost of obtaining a medical certificate, the person’s record of sea service or a passport or any other similar personal travel document other than a visa.
DIVISION 3Conditions of Employment
Articles of Agreement
308 (1) For the purpose of subsection 91(1) of the Act, the master of a Canadian vessel shall enter into articles of agreement if the vessel
(a) engages on unlimited voyages or international voyages, other than inland voyages; or
(b) is of 100 gross tonnage or more and engages on near coastal voyages, Class 1, other than inland voyages.
(2) In addition to the information required by subsection 91(2) of the Act, articles of agreement must contain the following information:
(a) the crew member’s date and place of birth;
(b) the authorized representative’s name and address;
(c) the place at which and the date on which the articles of agreement were entered into;
(d) the capacity in which the crew member is to be employed;
(e) the amount of the crew member’s wages or the formula for calculating them if they are calculated using a formula;
(f) the amount of the crew member’s paid annual leave or the formula for calculating it if it is calculated using a formula; and
(g) whether a collective agreement applies to the crew member.
Collective Agreements That Are Part of Articles of Agreement
309 If a collective agreement is part of the articles of agreement of a crew member of a Canadian vessel of 100 gross tonnage or more that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage, the vessel’s master shall ensure that a copy of the agreement is available on board and, if the copy in not in English, that a copy in English is available on board.
310 The authorized representative of a Canadian vessel and the shipowner, in the case of a foreign vessel, shall pay for the visas of crew members on board.
Termination of Employment and Payment of Wages and Compensation
311 Sections 312 to 318 apply in respect of Canadian vessels that are engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage.
Termination of Employment by Employer
312 (1) Subject to any collective agreement that applies to the crew member, the master of a vessel who intends to terminate a crew member’s employment shall give the crew member
(a) notice in writing, at least one week before the date specified in the notice, of the intention to terminate their employment on that date; or
(b) an indemnity equal to one week’s wages at their regular rate of pay for their regular hours of work, in lieu of the notice.
(2) Subsection (1) does not apply if
(a) section 230 of the Canada Labour Code applies;
(b) the crew member’s employment is terminated for committing a serious violation of their contract of employment; or
(c) the master and the crew member agree on a shorter notice of termination.
Termination of Employment by Crew Member
313 (1) Subject to any collective agreement that applies to the crew member, a crew member employed on a vessel shall give the vessel’s master at least one week’s notice of the crew member’s intention to terminate their employment.
(2) Subsection (1) does not apply if
(a) the crew member is unable by reason of illness to perform their duties; or
(b) the master and the crew member agree on a shorter notice of termination.
Loss of Vessel or Death
314 A crew member’s employment on a vessel is terminated
(a) on their death; or
(b) if the vessel is shipwrecked or otherwise totally unseaworthy.
Monthly Payment and Accounting
315 (1) The master of a vessel shall ensure that crew members’ wages are paid
(a) monthly or at more frequent regular intervals; or
(b) in accordance with any applicable collective agreement.
(2) The master shall give every crew member a monthly account of their wages due and the amounts paid, including the rate of exchange used if payment is made in currency or at a rate different from the one agreed to.
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