Marine Personnel Regulations (SOR/2007-115)

Issuance of Maritime Labour Declarations of Compliance

• 335 (1) On application, the Minister shall issue a Declaration of Maritime Labour Compliance to the authorized representative of a Canadian vessel who has procedures in place to ensure compliance with the applicable requirements referred to in subsection 334(1).

• (2) Subsection (1) applies in respect of fishing vessels that are Canadian vessels but they shall be considered as vessels that are not fishing vessels for the purpose of determining the applicable requirements referred to in

  • (a) paragraphs 334(1)(a), (b), (d), (e) and (h) to (j); and

  • (b) paragraph 334(1)(f) in so far as it relates to vessels referred to in subsection 319(2).

Availability

• 336 (1) The master of every Canadian vessel that holds a Maritime Labour Certificate shall keep the Certificate on board with a copy of the Declaration of Maritime Labour Compliance issued in respect of the vessel attached.

• (2) The master of every Canadian vessel that holds an Interim Maritime Labour Certificate shall keep the Certificate on board.

• (3) The vessel’s master shall ensure that the documents referred to in subsection (1) or (2), as the case may be,

  • (a) are posted on the vessel’s notice board for the information of the crew members; and

  • (b) are made available to

    • (i) crew members and their representatives, and

    • (ii) port state control officers in foreign states.

Endorsements of Maritime Labour Certificates

337 The authorized representative of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that the certificate is endorsed as required by Standard A5.1.3.2 of the Convention.

Records of Inspections

• 338 (1) The master of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that records of the results of inspections carried out to ensure compliance with any of the applicable requirements referred to in subsection 334(1)

  • (a) are attached to the Declaration of Maritime Labour Compliance issued in respect of the vessel; or

  • (b) are kept on board in electronic form and made available in that form to

    • (i) crew members and their representatives, and

    • (ii) port state control officers in foreign states.

• (2) The master shall provide a copy of the records to crew members on request.

• (3) If the records are not in English, the master shall ensure that an English translation accompanies the records or the copy, as the case may be.

• (4) This section does not apply in respect of inspections carried out for the purpose of issuing a Maritime Labour Certificate or an Interim Maritime Labour Certificate.

DIVISION 7Log Books

• 339 (1) The master 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, shall keep an official log book in a form approved by the Minister.

• (2) The Minister shall approve forms of official log books so that the forms contain the spaces necessary for the entries required by section 340.

• (3) The official log book may be kept distinct from or united with the vessel’s deck log book.

• (4) The master shall ensure that every entry required by section 340

  • (a) is made as soon as possible;

  • (b) is dated to show the date of the event and of the entry if the entry is in respect of an event; and

  • (c) is made not more than 24 hours after the arrival of the vessel at its final place of discharge if the entry is in respect of an event that happens before that arrival.

• (5) The master shall sign every entry in the official log book and shall ensure that every entry is also signed by the chief mate or another crew member and, if it is an entry in respect of an injury or a death, by the medical doctor on board, if there is one.

• 340 (1) The official log book shall contain the following entries:

  • (a) the vessel’s name, official number, port of registration and registered gross tonnage and net tonnage;

  • (b) the master’s name and certificate number;

  • (c) the place at which and the date on which the voyage starts, the classification of the voyage and the place at which and the date on which the voyage ends;

  • (d) a listing of the crew members on board;

  • (e) details of every injury that a crew member sustains, including the nature of the injury and the medical treatment adopted, if any;

  • (f) details of every birth of a child that occurs on board, including

    • (i) the child’s date of birth,

    • (ii) the child’s given names (if any), surname and gender,

    • (iii) the given names, surname, maiden name (if any), nationality and most recent place of residence of the child’s mother, and

    • (iv) the given names, surname, nationality and most recent place of residence of the child’s father, if known;

  • (g) details of every death that occurs on board, including

    • (i) the date of death,

    • (ii) the person’s given names (if any), surname and gender,

    • (iii) the person’s age,

    • (iv) the person’s rank or occupation if the person was a crew member,

    • (v) the person’s nationality and most recent place of residence, and

    • (vi) the cause of death;

  • (h) the details of the wages due to any crew member who dies during a voyage, including the gross amount of all deductions to be made from those wages;

  • (i) details respecting every accident or incident associated with the vessel;

  • (j) details respecting every instance of a crew member deserting the vessel or committing a serious violation of their contract of employment; and

  • (k) if a notice containing particulars of the vessel’s draught and freeboard is required to be posted under section 12 of the Load Line Regulations, the date and time the notice is posted.

• (2) If the vessel is engaged on an international voyage, other than an inland voyage, the official log book shall also contain the following entries:

  • (a) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate and leaves a place for the purpose of proceeding to sea,

    • (i) the place from which the vessel departs,

    • (ii) the date and hour of departure,

    • (iii) the actual draught of water forward and aft,

    • (iv) the actual freeboard amidships on the port and starboard sides of the vessel and the average of those freeboards,

    • (v) the density of the water,

    • (vi) the adjustments to the applicable load line for the density of water and for the weight of fuel and all other materials required for consumption between the point of departure and the sea and the total of those adjustments, and

    • (vii) the mean draught and the mean freeboard amidships in saltwater as calculated after the adjustments referred to in subparagraph (vi) are made;

  • (b) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate, the positions of the deck line and load lines indicated on the certificate;

  • (c) the information required to be kept by subsection 24(1) of the Boat and Fire Drill and Means of Exit Regulations; and

  • (d) a daily record of whether radio conditions and the state of the vessel’s radio equipment are satisfactory or unsatisfactory.

• (3) The master shall send the information required by paragraphs (1)(a) to (c) to the Minister at the end of the voyage or when the master leaves the vessel, but in any event no later than when the registration of the vessel changes or the vessel is shipwrecked or abandoned.

• (4) The master shall provide each of the vessel’s completed official log books to the vessel’s authorized representative.

• (5) The authorized representative shall ensure that each of the vessel’s official log books is kept until the earlier of

  • (a) five years after the day on which the log book was completed, and

  • (b) the day on which a change is made in registration of the vessel.

• (6) On request, the authorized representative shall provide the vessel’s official log books to the Minister.

[341 to 399 reserved]

PART 4Repeals and Coming into Force

Repeals

400 [Repeal]

401 [Repeal]

402 [Repeal]

Coming into Force

• Footnote ^*403 (1) These Regulations, except sections 304 to 307 and 333 to 338, come into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

• (2) Sections 304 to 307 and 333 to 338 come into force on the later of

  • (a) the day on which the Maritime Labour Convention, 2006 comes into force in Canada, and

  • (b) the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force.

• Return to footnote ^*[Note: Regulations, except sections 304 to 307 and 333 to 338, in force July 1, 2007, see SI/2007-65; sections 304 to 307 and 333 to 338 in force August 20, 2013.]