Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694259081568.pdf (Jamaica)
1 A BILL ENTITLED AN ACT to Amend the Shipping Act.

[ ] BE IT ENACTED by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:— 1.

This Act may be cited as the Shipping (Amendment) Act, 2020 and shall be read and construed as one with the Shipping Act (hereinafter referred to as the principal Act) and all amendments thereto.

Short title and construction.


2.—(1) Section 2 of the principal Act is amended by— (a) deleting the definitions of “crew agreement” and “seaman”; Amendment of section 2 of principal Act and certain references generally.

2 (b) inserting in the appropriate alphabetical sequence the following definition— “ “seafarer’s employment agreement” means a contract of employment entered into pursuant to section 1 16.”.
(2) The principal Act is amended by deleting— (a) the words “crew agreement” and “Crew agreement” wherever they appear (including in any marginal note) and substituting therefor in each case the words “seafarer’s employment agreement” and “Seafarer’s employment agreement” respectively; (b) the words “seaman” and “Seaman” wherever they appear and substituting therefor in each case the words “seafarer” and “Seafarer” respectively; (c) the words “seamen” and “Seamen” wherever they appear and substituting therefor in each case the words “seafarers” and “Seafarers” respectively.
Insertion of new sections 114A and 114B in principal Act.

3.

The principal Act is amended by deleting the heading and sub- heading appearing immediately before section 115, and inserting next after section 114 the following— “ PART VII.—Engagement and Welfare of Seafarers Interpreta- tion for Part VII.
114A.—In this Part— “collective bargaining agreement” means any agreement or arrangement, evidenced in writing, which— (a) is made between one or more organisations representing seafarers and either one or more persons having the ownership or control of a ship, one or more organisations representing such 3 persons, or a combination of one or more persons having the control or ownership of a ship and one or more organisations representing such persons; and (b) contains (wholly or in part) the terms and conditions of employment of seafarers; “Competent Authority” means the Authority, unless otherwise specified; “declaration of maritime labour compliance” means a declaration in accordance with the Maritime Labour Convention; “gross tonnage” means the measure of the overall size of a ship, determined in accordance with regulations made under section 44; “maritime labour certificate” means a maritime labour certificate issued in accordance with regulations made under this Act, and includes an interim maritime labour certificate so issued; “Maritime Labour Convention” means the Maritime Labour Convention, 2006, adopted by the General Conference of the International Labour Organization on the 23rd day of February, 2006, and any amendments thereto as are in force in relation to Jamaica; “seafarer” as defined in section 2 shall be deemed to— (a) include any person engaged by or on behalf of the owner of a ship to perform any work on board a ship (for example, 4 (b) manning the operations of the ship, shop-keeping, providing entertainment or food services, bartending, cosmetology or any form of hospitality); and exclude any person engaged solely to perform a task which is not part of the routine operations of the ship or part of the services or amenities offered on board the ship.
Labour certification and compliance.

114B.—(1) The owner of a ship to which this section applies shall not cause the ship to go on any voyage to sea unless there is issued in respect of the ship, in such form and in accordance with such procedure as may be prescribed, a current declaration of maritime labour compliance and a current maritime labour certificate.
(2) This section applies to— (a) Jamaican ships, of 500 gross tonnage or over, engaged in voyages to ports outside of Jamaican waters; and (b) Jamaican ships, of 500 gross tonnage or over, engaged in voyages between ports in another country.
(3) The owner shall ensure that— (a) a copy of the declaration of maritime labour compliance and the maritime labour certificate in respect of the ship are posted in a conspicuous place on board the ship and a copy thereof made available upon request to seafarers, Inspectors, authorised officers in ports, and such other persons as may be 5 determined by the Authority by notice from time to time; and (b) the originals of those documents are carried on the ship.

Exemptions.

114C.
Exemptions.

114C.

The Minister may by order published in the Gazette exempt any ships of a category specified in the order from the requirements of this Part.

Engagement of Seafarers”; 4.

Section 116 of the principal Act is amended by deleting subsection (2) and renumbering subsection (3) as subsection (2).

5.

Section 117 of the principal Act is amended— (a) in subsection (2) by— Amendment of section 116 of principal Act.

Amendment of section 117 of principal Act.
(i) inserting in paragraph (a), next after the word “serve”, the words “and the name and address of the owner of the ship”; (ii) deleting paragraph (c); (iii) deleting from paragraph (d) the words “if possible,”; (iv) inserting in paragraph (f), next after the word “receive”, the words “, and where a formula is applied for the calculation thereof, that formula”; (v) deleting the full stop at the end of paragraph (j) and substituting therefor a semi-colon, and inserting next thereafter the following paragraphs— “ (k) the amount of annual paid leave to which each seafarer is entitled, and where a formula is applied for the calculation thereof, that formula; (l) subject to subsections (4) and (5), the conditions entitling either party to 6 terminate the agreement, including any applicable notice period (which shall not be less for the owner of the ship than for the seafarer); the health and social security protection benefits to be provided to the seafarer by the ship owner, including all relevant information as to any mandatory contributions thereto by the seafarer; a reference to all applicable collective bargaining agreements, including information as to where the seafarer may view a copy of those agreements; and (m) (n) (o) a statement that the seafarer will be repatriated in accordance with section 194 at the end of the maximum period referred to in paragraph (b).”; (b) by inserting next after subsection (4) the following subsection— “ (5) For the purposes of this section, subject to any provision in an applicable collective bargaining agreement for a shorter notice period to be given by a seafarer in specified circumstances, the minimum period of notice required to be given, under a seafarer’s employment agreement, by a seafarer or owner of a ship for the early termination of the agreement shall not be less than seven days.”.
Amendment of section 120 of principal Act.

6.
Section 120 of the principal Act is amended— (a) by deleting the words “engaged on an international voyage” and substituting therefor the words “, and foreign ships operating in Jamaican waters”; (b) by deleting paragraph (a) and substituting therefor the following— “(a) each seafarer shall sign a copy of the agreement;’’; 7 (c) in paragraph (b), by inserting next after the words “understands the agreement” the words “and has had the opportunity to seek legal advice in respect of the agreement”; (d) by deleting paragraph (c) and substituting therefor the following— “(c) for the purposes of paragraphs (a) and (b), the copy of the agreement shall be signed in duplicate, and one part shall be forwarded to the owner, and the other part shall be given to the seafarer;”; (e) by deleting paragraph (d).
7.

Section 121 of the principal Act is amended— (a) by deleting subsection (1) and substituting therefor the following— “ (1) The master shall make a copy of the seafarer’s employment agreement available for inspection upon request by— Amendment of section 121 of principal Act.
(a) a seafarer; (b) an Inspector; or (c) any person duly authorised, by a competent authority of a member State that is a party to the Maritime Labour Convention, to conduct inspections of ships.”; (b) in subsection (2) by deleting the words “, except additions made for the purpose of specifying substitutes or persons engaged after the first departure of the ship,”.

8.
8.

Section 127 of the principal Act is amended— (a) by deleting the marginal note and substituting therefor the following— “Restrictions applicable to age.”; Amendment of section 127 of principal Act.
8 (b) in subsections (1) and (2) by, in each case, inserting immediately after the words “shall be employed” the words “, or work,”; (c) by deleting subsection (4) and inserting next after subsection (3) the following subsections— “ (4) In respect of a Jamaican ship, no person under the age of eighteen years shall be employed or work— (a) (b) in the engine-room of the ship, unless that person is an apprentice working under supervision; in any night work, unless permission is granted by the Authority for the purpose of enabling the person to complete a course of training in a recognised programme where the Authority is satisfied that— (i) (ii) the specific nature of the duty for which the person is being trained requires night work; and participation in the night work required would not jeopardise the health or safety of the person; (c) (d) as a cook; or in any type of work which is likely to jeopardise the health or safety of that person.
(5) For the purposes of subsection (4)— (a) (b) “night work” means work between the hours of ten o’clock in the evening and five o’clock in the morning; and the question of whether any work is likely to jeopardise the health or safety of a person under the age of eighteen years shall be 9 settled by the Minister responsible for labour— (i) in any particular case, upon the written request of any interested person; or (ii) generally as to any class or category of work, in written directions issued by the Minister from time to time.”.
9.

Section 133 of the principal Act is amended— (a) in paragraph (b) by inserting next after the words “regular intervals” the words “, being intervals of not more than one month apart, and in accordance with any applicable collective bargaining agreements”; (b) by renumbering the section as section 133(1) and inserting next thereafter the following subsections— Amendment of section 133 of principal Act.
(2) The owner or other person responsible for “ employing the crew of a Jamaican ship shall give to each seafarer employed on that ship a monthly account of the wages due to that seafarer, all deductions made therefrom, and all costs applicable to that seafarer pursuant to subsection (5).

(3) An account under this section or section 134 shall, in any case where section 140 applies, also state the rate of exchange applied pursuant to that section.
(4) The owner of the ship shall establish a system for enabling seafarers engaged to work on board the ship to, at the time of the engagement or at any time during the engagement, opt to allot a portion of their wages for remittance to their families, dependants or legal beneficiaries, by bank transfers (or by other similar means) to a specified nominee at specified intervals.
10 (5) The owner of the ship may recoup from the seafarer the reasonable costs of any remittance facility provided to the seafarer by the ship owner under subsection (4), expressed in the currency in which the wages to which they refer are paid (at the applicable rate of exchange determined in accordance with section 140).

Amendment of section 139 of principal Act.

Amendment of section 140 of principal Act.

Amendment of section 154 of principal Act.

10.


Section 139 of the principal Act is amended by deleting the words “or master”.

11.

Section 140 of the principal Act is amended by inserting next after the word “master” the words “or owner”.

“ Amend- ment of section 141 of principal Act 11A.

Section 141 of the principal Act is amended by deleting the words— “(a) “ master or” ; and (b) “one hundred thousand” and substituting therefor the words “five millions”.

12.
Section 154 of the principal Act is amended— (a) in subsection (1) by— (i) deleting the words “shall be— ” and substituting therefor the words “shall, subject to any applicable collective bargaining agreements, be calculated on the basis of a minimum of 2.5 calendar days per month of employment.”; and (ii) deleting paragraphs (a) and (b); (b) by inserting next after subsection (4) the following subsections— “ (5) The place where the seafarer is entitled to take annual leave shall, unless the seafarer’s employment agreement provides otherwise, be the place where the seafarer is entitled to be returned under section 194(1).
11 (6) Where for any reason a seafarer is required to take annual leave from a place other than as provided for in subsection (5)— (a) the cost of transporting the seafarer from that place to the place provided for under subsection (5), and the cost of the seafarer’s subsistence during such transportation, shall be borne by the ship owner; and (b) the time involved in such transportation shall not be deducted from any entitlement of the seafarer to annual leave with pay.”.
Amendment of section 161 of principal Act.

Repeal and replacement of section 171 of principal Act.

13.

Section 161 of the principal Act is amended— (a) (b) in subsection (1) by inserting next after the words “to be provided” the words “, free of charge,”; and in subsection (2) by inserting next after the words “provisions of” the words “subsection (1) or”.

14.

Section 171 of the principal Act is repealed and the following substituted therefor— “Liability for medical care and burial expenses.
171.—(1) Subject to the provisions of this section, the owner of a Jamaican ship shall be— (a) responsible for the health protection and medical care of all seafarers working on board the ship and shall ensure that health protection and medical care is given promptly and of a standard that is as closely comparable as possible to that which is generally available to workers ashore; and (b) liable for all the costs of medical care in respect of the sickness or injury of any such seafarer— (i) occurring between the date of commencement of the sea- farer’s duties on board the ship 12 and the date on which the seafarer is repatriated in accordance with section 194; or (ii) attributable to the seafarer’s employment on board the ship.
(2) Where any sickness or injury referred to in subsection (1) results in the seafarer’s incapacity to work, the owner shall— (a) pay the full wages of the seafarer as long as the seafarer remains on board the ship or until the seafarer is repatriated in accordance with section 194; and (b) subject to any applicable collective bargaining agreement, pay the wages of the seafarer from the time of repatriation until the seafarer recovers from the sickness or injury.
(3) Liability under this section to meet the costs of medical care for sickness or injury and to pay wages (in whole or in part) in respect of a seafarer who is no longer on board— (a) shall cease on whichever is the earlier of— (i) (ii) when the seafarer has recovered from the sickness or injury or the sickness or injury has been declared by a medical practitioner to be of permanent character; or the time at which the seafarer can claim medical benefits under a scheme of compulsory sickness insurance, or compulsory accident insurance, 13 under a seafarer’s employment agreement or an applicable collective bargaining agreement, or worker’s compensation for accidents; and (b) in the case of the medical costs, is limited to the medical costs incurred over a period of sixteen weeks reckoned from the date of commencement of the sickness or injury.
(4) The owner of the ship shall make adequate financial provision to assure compensation to seafarers working on board the ship (or the seafarer’s estate, as the case may require), in the event of the death or long-term incapacity of any such seafarers due to occupational injury, sickness or hazard.

(5) The owner of the ship shall pay the reasonable burial costs of any seafarer who dies on board the ship or ashore during the period of the seafarer’s engagement on the ship.
(6) The owner of the ship shall take reasonable measures to safeguard property left on board the ship by an injured or deceased seafarer and for returning that property to the seafarer or the seafarer’s next of kin.

(7) Nothing in this section shall be construed as affecting any other legal remedy which a seafarer may seek.
(8) The owner of the ship shall not be liable under this section to a seafarer in respect of— (a) injury to the seafarer attributable otherwise than to the seafarer’s service with the ship; Amendment of section 174 of principal Act.

14 (b) (c) sickness or injury due to the wilful misconduct of the seafarer; or sickness or infirmity intentionally concealed by the seafarer at the time of entry into the engagement to work on the ship.”.

15.
Section 174 of the principal Act is amended by inserting next after subsection (2) the following subsections— “ (3) The owner of a ship shall ensure that there are in place on board the ship adequate procedures to enable any seafarer on board the ship to make a complaint in respect of the seafarer’s living or working conditions on board and to have that complaint addressed and determined, which procedures shall include— (a) provisions for the seafarer to be accompanied or represented, during the complaint proceedings, by a person chosen by the seafarer; (b) adequate safeguards to protect the seafarer against victimisation in respect of the complaint; and (c) providing the seafarer with a copy of the complaint procedure, including— (i) (ii) the contact information for the Competent Authority and (where different) the relevant authority in the seafarer’s State of residence who has jurisdiction to deal with the complaint; and the name of a person or persons on the ship who can, on a confidential basis, provide impartial advice on, and assistance in, the making of the complaint.
(4) Any person who has reason to believe that the living or working conditions on board a ship pose a significant danger to the safety, health or security of seafarers may make a written complaint to the Registrar of Seafarers.
15 (5) Where the Registrar of Seafarers receives a complaint under subsection (4), the Registrar shall cause to be conducted such investigation into the matter as the Registrar thinks fit, after which the Registrar shall promptly make to the Authority a report of the investigation, together with such recommendations as the Registrar thinks fit to determine or remedy the complaint, and the Authority shall act thereon.
(6) Where in any circumstances a court having jurisdiction to try an offence under this section is satisfied that a seafarer has been subjected to adverse treatment in any matter relating to the seafarer’s living or working conditions aboard a ship or the terms of the seafarer’s engagement aboard the ship, on account of a complaint made under this section, the owner of the ship commits an offence and shall be liable on conviction therefor before a Parish Court to a fine not exceeding five hundred thousand dollars.”.
16.

The principal Act is amended by inserting next after section 174 the following section— “ Application of sections 293 to 302 to Part VII.

174A.

The provisions of sections 293 to 302 shall have effect for the purposes of this Part as if a determination or complaint that any living or working conditions on board a ship pose a significant danger to the safety, health or security of seafarers were a determination or complaint that the ship is unseaworthy.”.
Insertion of new section 174A in principal Act.

17.

Section 194 of the principal Act is amended by inserting next after subsection (4) the following subsections— “ (5) Subject to subsection (6), a seafarer shall not be required to contribute, directly or indirectly, to the cost of repatriation, and any provision in a seafarer’s employment agreement requiring— Amendment of section 194 of principal Act.
(a) such contributions; or (b) a minimum term of employment exceeding twelve months to be served before a seafarer is entitled to the rights conferred by this section, shall be void and of no effect.
16 (6) Nothing in this section shall be construed as— (a) excluding the liability of the seafarer for the cost of repatriation in any case where the seafarer is in serious default of the seafarer’s obligations under the seafarer’s employment agreement; (b) precluding the entry by the owner of a ship into a contractual arrangement with a third party for the recovery of any costs incurred in the repatriation of a seafarer.

Insertion of new section 194A in principal Act.


(7) For the purposes of subsection (6), “serious default” means any default that may result in the summary dismissal of the seafarer under the terms of the seafarer’s employment agreement.”.

18.

The principal Act is amended by inserting next after section 194 the following section— “ Financial security for abandoned seafarer.
194A.—(1) For the purposes of this section, a seafarer shall be deemed to have been abandoned by the owner of the ship in any case where, contrary to the provisions of this Act or the terms of the seafarer’s employment agreement and any applicable collective bargaining agreement, for a period of not less than two months the owner of the ship— (a) (b) fails to cover the cost of the seafarer’s repatriation; leaves the seafarer without the necessary maintenance and support; or (c) otherwise unilaterally severs ties with the seafarer and fails to pay wages payable by the ship owner to the seafarer.
(2) For the purposes of subsection (1), “necessary maintenance and support” includes adequate food, accommodation, drinking water, essential fuel for survival on board the ship, and necessary medical care.

17 (3) The owner of the ship shall make adequate financial provision in the form of insurance to assure compensation to seafarers working on board the ship in the event of their abandonment by the owner of the ship.
(a) (4) The owner shall ensure that— a copy of the certificate of insurance issued by a financial security provider, in respect of the financial provision referred to in subsection (3), is posted in a conspicuous place on board the ship and accessible for examination by the seafarers working on board the ship; and (b) the original certificate is carried on the ship.
(5) The certificate referred to in subsection (4) shall include the following information— (a) (b) (c) (d) (e) (f) (g) (h) (i) the name of the ship; the port of registry of the ship; the call sign of the ship; the IMO number of the ship; the name of the owner of the ship; the contact details of the person or entity responsible for handling seafarer’s requests for relief; the period of validity of the financial security; the name and address of the provider of the financial security; and an attestation, from the provider of the financial security, that the financial security meets the requirements referred to in subsection (3).”.
18 Amendment of section 211 of principal Act.

19.

Section 211 of the principal Act is amended in subsection (1) by— (a) deleting the word “or” at the end of paragraph (a); (b) deleting the comma at the end of paragraph (b) and substituting therefor the word “; or”; and (c) inserting next after paragraph (b) the following paragraph— “(c) is entitled to be repatriated in accordance with section 194 and, in contravention of that section, is left in any place;”.

Amendment of section 315 of principal Act.


20.
Section 315 of the principal Act is amended in subsection (2) by deleting the full stop appearing at the end of paragraph (g) and substituting therefor a semi-colon, and inserting next after paragraph (g) the following paragraph— “(h) the conditions of employment and living conditions of seafarers, including (but not limited to) the following aspects thereof— (i) health and medical care; (ii) qualifications of seafarers; (iii) seafarer’s employment agreements; (iv) accommodation and on-board recreational facilities; (v) food and catering; (vi) safety and accident prevention; and (vii) on-board complaints procedures.”.
Amendment of section 316 of principal Act.

21.
Section 316 of the principal Act is amended— (a) in subsection (4) by deleting the word “or” appearing at the end of paragraph (b), deleting the comma at the end of paragraph (c) and substituting therefor the word “; or”, and inserting next after paragraph (c) the following paragraph— “(d) conditions on board the ship constitute a serious breach of Part VII or any regulations made with 19 respect thereto, or pose a significant danger to the safety, health or security of seafarers,”; (b) by deleting subsection (5) and substituting therefor the following— (5) An inspector who boards a ship for the “ purposes of carrying out an inspection under this section may— (a) ask the owner, or any agent of the owner, or the master or chief engineer of the ship, any questions concerning the ship as the inspector thinks fit, and that person shall fully and truthfully answer every such question; (b) call for and inspect, and take copies of, any record or log-book or other document required under this Act to be kept on board the ship; (c) (d) call for and inspect a copy of the seafarer’s employment agreement; and take such samples, or make any analysis, as may be required in respect of any food, drinking water, materials, or any other substance, handled by seafarers on board the ship.”.
22.

Section 319 of the principal Act is amended in paragraph (b) by deleting the word “corresponds” and substituting therefor the words “, and the living and working conditions of seafarers engaged to work on the ship, correspond”.

Amendment of section 319 of principal Act.

23.

Section 320 of the principal Act is amended by— (a) inserting next after the words “Part VI” and “Parts VI” in each case the figures “, VII”; Amendment of section 320 of principal Act.
20 (b) renumbering the section as section 320 (1) and inserting the following as subsection (2)— “ (2) For the purposes of subsection (1), a declaration of maritime labour compliance, and a maritime labour certificate or interim maritime labour certificate issued in accordance with regulations made under this Act, shall be deemed to be a “certificate”.”.

Amendment of section 321 of principal Act.

24.
Section 321 of the principal Act is amended— (a) in subsection (1) by inserting next after the words “ship and its equipment” the words “, or any living or working conditions on board the ship,”; (b) in subsection (2) by— (i) (ii) (iii) deleting the word “or” appearing after paragraph (a); renumbering paragraph (b) as paragraph (c) and inserting next after paragraph (a) the following paragraph— “(b) any living or working conditions on board the ship pose a significant danger to the safety, health or security of seafarers; or”; inserting next after the words “marine environment” the words “and, in any case referred to in paragraph (b), that the living and working conditions on board no longer pose a significant danger to the safety, health or security of seafarers,”.
Passed in the House of Representatives this 17th day of November, 2020 with one (1) amendment.

M. DALRYMPLE PHILIBERT Speaker.

21 MEMORANDUM OF OBJECTS AND REASONS The Maritime Labour Convention, 2006, provides a comprehensive framework for the rights and provisions of seafarers, and to ensure decent working conditions for seafarers.
A decision has been taken to amend the Shipping Act so as to make more complete provisions for the rights and living and working conditions of seafarers in line with the Maritime Labour Convention.

It is expected that these amendments will ensure that Jamaica is able to meet its obligations under the Convention.

This Bill seeks to give effect to that decision.

Minister of Transport and Mining.

ROBERT MONTAGUE 22 A N A C T t o A m e n d t h e S h i p p i n g A c t .
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – ( G O V E R N M E N T I P R N T E R S ) , D U K E S T R E E T , I K N G S T O N , J A M A C A I .

 ( 1 9 9 2 ) L T D .
, 23 SECTION 2 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND “crew agreement” means the agreement entered into pursuant to section 116 between the owner or other person having control of a ship and the employment of seamen therefor (whether entered into by an agent on behalf of such person) and each member of the crew thereof; ... ... ... “seaman” means every person employed or engaged in any capacity on board any ship except— (a) (b) (c) (d) the master; a pilot; a person temporarily employed on the ship while it is in port; an apprentice, other than for the purposes of sections 193 to 216; ... ... ... PART VII HEADING AND SUB-HEADING OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND ——————— PART VII.—Engagement and Welfare of Seamen Engagement of Seamen 115.
The functions of the Registrar of Seamen are— (a) to conduct all business connected with the engagement and discharge of all persons who serve on board Jamaican ships and all seamen being citizens of Jamaica who serve on foreign ships; SECTION 116 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 116.—(1) Subject to subsection (2)— (a) The owner or other person having control of the employment of seamen on a Jamaican ship shall enter into a crew agreement in accordance with this Act with every seaman whom he engages and carries to sea as one of his crew; and (b) a crew agreement shall be entered into with every seaman engaged in Jamaica or carried to sea from Jamaica as crew of a ship.
Functions of Registrar of Seamen.

ii 24 (2) Subsection (1) shall apply where the ship concerned is not less than one hundred gross tons so, however, that the Minister may make regulations for the engagement of seamen and matters pertaining to the engagement of seamen in respect of such ships.
(3) The Minister may waive the requirements stipulated in subsection (1), or he may vary the contents of the prescribed form of the crew agreement in respect of any ship if he considers it expedient to do so and if he is satisfied that the rights of the seamen to be engaged will be adequately protected.
SECTION 117 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 117.—(1) A crew agreement shall be executed in the prescribed form and manner and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs his name thereon.
(2) The crew agreement shall state the place at which it is made, the surname and other names of the seaman, his birth-place, and his age or date of his birth, and shall state clearly the respective rights and obligations of each of the parties, and shall contain in addition thereto the following particulars— (a) (b) (c) (d) (e) (f) (g) (h) (i) the name of the ship in which the seaman undertakes to serve: either the nature and, as far as is practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, which shall not exceed twelve months, and the port at which it is intended that the crew shall be discharged, and the places or ports of the world, if any to which the voyage or engagement is not to extend; the number and description of the crew; if possible, the place and date at which each seaman is to be on board or to begin work; the capacity in which each seaman is to serve; the amount of wages which each seaman is to receive; the prescribed scale of the provisions which are to be furnished to seamen; the time that is to expire after arrival at the port of discharge before the seaman is discharged; any rules regarding conduct on board and as to fines and other lawful punishment for misconduct which have been prescribed by the Minister for adoption by parties to a new agreement and which the parties agree to adopt; iii 25 (j) a list of persons under the age of eighteen years and the dates of their births.
(3) The crew agreement shall be so drawn up as to admit of such stipulations to be adopted at the will of a master and seaman in each case, whether respecting the advance and allotment of wages or otherwise, as are not contrary to law.
(4) An agreement made to employ a seaman under this section is terminated by— (a) (b) (c) (d) (e) the mutual consent or act of the parties thereto; the death or inability of the seaman to proceed due to illness; the loss or total unseaworthiness of the ship; the sale of the ship; expiration of time.

SECTION 120 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND ———————— 120.
The following provisions shall have effect with respect to a crew agreement made in the case of Jamaican ships engaged on agreements.

international voyage— Procedures relating to certain crew agreements.
(a) (b) the agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman; the master of the ship shall cause the agreement to be read over and explained to each seaman or otherwise ascertain that each seaman understands the agreement before he signs it and shall attest to each signature; (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be forwarded to the owner and the other shall be retained by the master and shall contain a special place for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship; (d) where a substitute is engaged in the place of a seaman who duly had signed the agreement and whose services had, within twenty-four hours of the ship proceeding to sea, been lost by death, desertion or other unforseen cause, the master shall, before the ship proceeds to sea if practicable, and if not, as soon as possible thereafter, cause iv 26 the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness and the witness shall attest to the signature; SECTION 121 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND Further provisions as to crew agreements.
121.—(1) The master shall, at the commencement of every international voyage cause a legible copy of the crew agreement omitting the signature to be displayed in some part of the ship which is accessible to the crew.
(2) Every erasure, amendment or alteration in any crew agreement, except additions made for the purpose of specifying substitutes or persons engaged after the first departure of the ship, shall be without effect unless made with the consent of all persons interested in the erasure, amendment or alteration.

SECTION 127 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND Prohibition of employ- ment of persons under sixteen years.
127.—(1) No person under the age of sixteen years shall be employed in any Jamaican ship.

(2) Subject to subsection (4), no person under the age of eighteen years shall be employed in any capacity in any Jamaican ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that such person is fit to be employed in that capacity.
(3) Every medical certificate under subsection (2)— (a) shall be valid for one year from the date of issue, unless earlier revoked; and (b) may at any time be revoked by a duly qualified medical practitioner if he is satisfied that the person is no longer fit for work.

(4) No person under the age of eighteen years shall be employed or work in the engine room of any ship, unless that young person is an apprentice working under supervision.

SECTION 133 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 133.
The owner or other person responsible for employing the crew of a Jamaican ship shall subject to the terms of the relevant crew agreement pay to each seaman employed on that ship, his wages— (a) if demanded, within two days after the arrival of the ship at the port where the crew is to be discharged or upon the seaman’s discharge, whichever first happens; or (b) at such regular intervals as may be provided in the agreement.

v 27 SECTIONS 139 AND 140 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 139.
In any proceedings under this Act before the Registrar of Seamen relating to the wages, claims or disputes or discharge of seamen, all travelling and other expenses incurred by the Registrar shall be met by the owner or master of the ship in dispute.

140.
Where a seaman has agreed with the master of a Jamaican ship for payment of his wages or any part thereof in a specific currency, any payment of or on account of his wages if made in any other currency than that stated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of exchange for the amount stated in the agreement for the time being current at the place where the payment is made, and such rate of exchange shall be endorsed on the agreement by a proper officer at that place.
SECTION 141 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 141.
Where, before the Registrar of Seamen or a proper officer, a question as to wages is raised between the master or owner of a ship and a seaman, and the amount does not exceed one hundred thousand dollars or the wages earned in one voyage by the seaman concerned, whichever is the greater, the Registrar of Seamen or proper officer may— (a) (b) on the application of either party, decide the question and the decision shall be final; but if the Registrar of Seamen or proper officer is of the opinion that the question is one which ought to be decided by a court, he may refuse to decide it.
SECTION 154 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 154.—(1) Every seafarer is entitled after twelve months of continuous service on a Jamaican ship, or for the same employer, to annual leave with pay, or to a proportionate part of such leave, the duration of which shall be— (a) (b) in the case of master and officers, not less than eighteen working days; and in the case of other members of the crew, not less than twelve working days.
... ... ... vi 28 (4) In addition to the entitlement under subsection (1), every member of the crew of a Jamaican ship is entitled to ten days annual leave with pay in lieu of public holidays; and if the length of continuous service is less than twelve months, then the annual leave with pay shall be pro-rated.
SECTION 161 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 161.—(1) The Minister may make regulations requiring such provisions and water to be provided for seamen employed in Jamaican ships or any class of ships as may be specified in the regulations.
(2) Where the provisions of any regulations made under this section are not complied with in the case of a ship the master or owner is guilty of an offence and is liable on summary conviction in a Resident Magistrate’s Court to a fine not exceeding fifty thousand dollars, unless he proves that, the failure to comply was not due to his neglect or default.
SECTION 171 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO REPEAL AND REPLACE 171.—(1) Where the master of, or a seaman belonging to, a Jamaican ship receives any surgical or medical treatment, or such dental or optical treatment, including the repair or replacement of any appliance, as cannot be postponed without impairing the efficiency of the master or seaman, the reasonable expenses thereof shall be borne by his employer.
(2) Where the master or seaman dies while employed on a Jamaican ship, and is buried or cremated outside his country of residence, the expenses of his burial or cremation shall also be borne by his employer.
SECTION 174 OF THE PRINCIPAL ACT WHICH IT IS PORPOSED TO AMEND 174.—(1) Where a seaman while employed on a Jamaican ship informs the master of the ship that he wishes to make a complaint to the proper officer or the Registrar of Seamen, or take proceedings in a Resident Magistrate’s Court against the master or any of the crew, the master shall, as soon as the service of the ship will permit, allow the complainant to go ashore, so that he can make his complaint or— (a) if the ship is then at a place where there is a Resident Magistrate, proper officer or the Registrar of Seamen, at the place; or (b) if the ship is not then at such a place, upon its arrival at such a place.
(2) A master of a ship who fails, without reasonable cause, to comply with this section, commits an offence and is liable on summary conviction thereof in a Resident Magistrate’s Court to a fine not exceedng fifty thousand dollars.
vii 29 SECTIONS 194 AND 211 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 194.—(1) Except as otherwise provided in this Act, it is an implied term of every crew agreement entered into for the employment of a seaman in a Jamaican ship that, where the agreement terminates at a port other than the port of engagement, the seaman will be returned to a proper return port at the expense of the master or owner of the ship and in accordance with the provisions of such regulations as the Minister may make in that regard.
... ... ... (4) Subsection (1) applies whether an agreement terminates— (a) (b) (c) (d) (e) by expiration; by an act of the parties; by shipwreck; by sale of the ship; by the inability of the seaman to proceed in the ship by reason of sickness or injury; or Relief of distressed seaman.

(f) by any other cause.


211.—(1) Where a seaman— (a) (b) is found in any place outside Jamaica after having been shipwrecked from a Jamaican ship; or has been discharged or left behind from a Jamaican ship in any place outside Jamaica, and is in distress in that place (hereinafter in this Part called a “distressed seaman”) the Registrar of Seamen or a proper officer, as the case may be, may provide relief to that seaman in accordance with this Act.
SECTIONS 315 AND 316 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 315.—(1) The Director, with the approval of the Minister may, from time to time, appoint Inspectors of ships at such places as he deems advisable.

(2) Such Inspectors shall be persons competent to survey and in- spect— (a) the boilers and machinery of ships; ... ... ... (b) electrical installations of ships.
viii 30 316.—(1) An Inspector may at all reasonable times go on board and inspect any ship in Jamaican waters or any Jamaican ship anywhere for the purpose of ensuring that it is in compliance with the provisions of this Act or any regulations made thereunder.
... ... ... (4) Where the Inspector considers that— the ship is unseaworthy; in the case of a passenger ship, it is unfit to carry passengers; or the machinery or equipment of the ship is defective in any way so as to expose persons on board to serious danger, (a) (b) (c) he shall notify the Director that the ship is to be detained.
(5) Where, under this section, an inspector visits any ship he may ask the owner or his agent, the master or chief engineer, of the ship any questions concerning the ship as he thinks fit and every such person shall fully and truthfully answer every such question.

SECTIONS 319 AND 320 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 319.
An Inspector may board any foreign ship on the arrival thereof for the purpose of verifying— (a) (b) that there is in force in respect of the ship, the appropriate certificates required to be issued under this Act; that the condition of the hull, equipment and machinery of such ship corresponds substantially with the particulars shown in such a certificate.

... ... ... 320.
The master of every foreign ship shall produce to the appropriate authorities from whom a clearance for the ship is demanded in respect of an international voyage from a Jamaican port, valid certificates (hereinafter called an “equivalent certificate”) that are the equivalent of the certificates issued under Part VI or IX that would be required to be in force in respect of the ship if it were a Jamaican ship, and a clearance shall not be granted, and the ship may be detained until those certificates are so produced or the Director is satisfied that the ship complies with the requirements of Parts VI and IX.
SECTION 321 OF THE PRINCIPAL ACT WHICH IT IS PROPOSED TO AMEND 321.—(1) Where a valid equivalent certificate is produced in accordance with section 320, it shall be accepted and the ship shall be exempt from surveys or ix 31 inspections under section 319, unless there are reasonable grounds for believing that the condition of the ship or of its equipment does not correspond substantially with the particulars of the certificate or that the ship and its equipment are not in compliance with the provisions of this Act and the regulations made thereunder.
(2) Where— (a) a certificate is not acceptable due to the circumstances referred to in subsection (1), or if a certificate has expired or has otherwise ceased to be valid; or (b) the ship is not adequately manned, the ship shall not be granted clearance and shall be detained until it can proceed to sea or to the appropriate repair yard without causing danger to the safety of life, property at sea or in port or the marine environment and the Director shall in writing notify the resident Consul or diplomatic representative of the flag state or, in his absence, the nearest diplomatic representative of the flag state.