PART 3Maritime Labour Standards (continued)
DIVISION 2Seafarer Recruitment and Placement Services (continued)
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.
(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
(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
(2) Subsection (1) does not apply if
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
Loss of Vessel or Death
314 A crew member’s employment on a vessel is terminated
Monthly Payment and Accounting
(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.
Payment on Termination of Employment
316 The master of a vessel shall ensure that a crew member is paid any wages due when their employment is terminated
Transmittal of Wages
317 (1) The authorized representative of a vessel shall take measures to provide crew members with a means to transmit all or part of their wages to their families, dependants, assigns or successors. The measures may include a system to enable crew members, when they enter into articles of agreement or while working on board, to allot a portion of their earnings to their families by bank transfers or similar means.
(2) The authorized representative shall ensure that the allotments are remitted in due time and directly to the person or persons nominated by the crew members.
(3) The authorized representative shall ensure that any charge for the measures taken under subsection (1) is reasonable and that the rate of exchange is at the prevailing market rate or is determined in accordance with any applicable collective agreement.
Compensation of Crew Members in Case of Shipwrecks
318 (1) The authorized representative of a vessel that is shipwrecked shall pay to every crew member who was on board immediately before the shipwreck an indemnity against unemployment resulting from the shipwreck.
(2) The indemnity shall be paid for the days during which the crew member remains unemployed at the same rate as the wages payable under the contract of employment, but the total indemnity payable to any one seafarer may be limited to two months’ wages.
(3) Crew members shall have the same legal remedies for recovering the indemnities as they have for recovering arrears of wages.
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