GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Personnel Regulations — 301
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.
Marine Personnel Regulations — 302
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.
Marine Personnel Regulations — 303
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.
Marine Personnel Regulations — 304
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.
Marine Personnel Regulations — 305
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.
Marine Personnel Regulations — 306
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.
Marine Personnel Regulations — 307
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.
Marine Personnel Regulations — 308
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.
Marine Personnel Regulations — 309
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.
Marine Personnel Regulations — 310
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.
Marine Personnel Regulations — 311
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.
Marine Personnel Regulations — 312
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.
Marine Personnel Regulations — 313
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.
Marine Personnel Regulations — 314
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.
Marine Personnel Regulations — 315
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.
Marine Personnel Regulations — 316
316 The master of a vessel shall ensure that a crew member is paid any wages due when their employment is terminated (a) without undue delay; or (b) in accordance with any applicable collective agreement.
Marine Personnel Regulations — 317
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.
Marine Personnel Regulations — 318
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.
Marine Personnel Regulations — 319
319 (1) Sections 320 , 322 and 323 apply in respect of Canadian vessels, including fishing vessels of 100 gross tonnage or more, (a) engaged on sheltered waters voyages; or (b) engaged on near coastal voyages, Class 1 or near coastal voyages, Class 2 while the vessels are in any waters other than those of a foreign state that has ratified the Convention. (2) Sections 321 to 324 apply in respect of (a) Canadian vessels (i) engaged on near coastal voyages, Class 1 or near coastal voyages, Class 2 while the vessels are in the waters of a foreign state that has ratified the Convention, or (ii) engaged on unlimited voyages; and (b) foreign vessels in Canadian waters.
Marine Personnel Regulations — 320
320 The master of a vessel referred to in subsection 319 (1) shall ensure that (a) the master and every crew member have (i) at least six consecutive hours of rest in every 24-hour period, and (ii) at least 16 hours of rest in every 48-hour period; and (b) not more than 18 hours but not less than six hours elapse between the end of a rest period and the beginning of the next rest period.
Marine Personnel Regulations — 321
321 (1) The master of a vessel referred to in subsection 319 (2) shall ensure that the master and every crew member (a) do not work more than 14 hours in any 24-hour period or more than 72 hours in any 7-day period; or (b) have at least 10 hours of rest in every 24-hour period and 77 hours of rest in every 7-day period. (2) The master shall ensure that (a) the hours of rest are divided into no more than two periods, one of which is at least 6 hours in length; and (b) the interval between two consecutive rest periods does not exceed 14 hours.
Marine Personnel Regulations — 322
322 (1) The master of a vessel shall ensure that the danger posed by the fatigue of crew members, especially those whose duties involve navigational safety and the safe and secure operation of the vessel, is taken into account when determining the scheduled hours of work and rest. (2) Despite sections 320 and 321 and subject to subsection (1), the master may ensure that the hours of work and rest are in accordance with an applicable collective agreement that provides for hours of work and rest that are no less favourable to crew members. (3) Sections 320 and 321 and subsection (2) do not apply when the master is conducting practice musters, fire-fighting drills or survival craft drills in accordance with regulations made under the Act if the master does so in a manner that minimizes the disturbance of rest periods and does not induce fatigue. (4) Sections 320 and 321 and subsection (2) do not apply in respect of a crew member who is on call if the crew member has compensatory rest periods and the rest period required by those provisions is disturbed by calls to work. (5) The master may suspend the schedule of hours of work and rest if it is necessary to do so for the immediate safety of the vessel, persons on board or the cargo, or for the purposes of giving assistance to other vessels or persons in distress at sea. As soon as feasible, the master shall ensure that every crew member who has performed work in a scheduled rest period is provided with a compensatory rest period.
Marine Personnel Regulations — 323
323 The master of a vessel shall keep a record of every crew member’s daily hours of work or hours of rest until the crew member is discharged.
Marine Personnel Regulations — 324
324 (1) The master of a vessel shall ensure that a table with the shipboard working arrangements is posted in a conspicuous place on board the vessel. For every position on board, the table shall contain (a) the schedule of service at sea and in port; and (b) the maximum hours of work or the minimum hours of rest required by section 321 or any applicable collective agreement. (2) The table shall be in the working language of the vessel and in English.
Marine Personnel Regulations — 325
325 (1) This section applies in respect of Canadian vessels that are engaged on (a) near coastal voyages, Class 1 or international voyages that are not in Canadian waters or the waters of the continental United States (including Alaska); or (b) unlimited voyages. (2) Unless the time for a crew member to take paid annual leave is fixed by the applicable collective agreement or an arbitration award, the vessel’s authorized representative shall determine when it is to be taken after consultation and, as far as possible, in agreement with the crew member or their representative. (3) If a crew member is required to take their paid annual leave from a place other than the place at which they first came on board, the vessel’s authorized representative shall ensure that (a) they are entitled to free transportation to the latter place, including the subsistence and other costs directly involved in their return; and (b) the travel time involved is not deducted from their paid annual leave. (4) The authorized representative shall ensure that no crew member who is on paid annual leave is recalled unless there is an extreme emergency.
Marine Personnel Regulations — 326
326 The master of a Canadian vessel shall grant crew members shore leave consistent with their health and well-being and with the operational requirements of their positions.
Marine Personnel Regulations — 327
327 (1) The authorized representative of a Canadian vessel shall ensure that no crew member is required to make an advance payment at the beginning of their employment towards the expenses referred to in subsection 94(1) of the Act or section 328 . (2) The authorized representative shall ensure that the time a crew member spends waiting to be returned and being returned under subsection 94(1) of the Act or section 328 is not deducted from the paid leave accrued to them.
Marine Personnel Regulations — 328
328 (1) Except in the case of desertion or mutual agreement, before a Canadian vessel is disposed of or is transferred to the flag of a foreign state or when a Canadian vessel is totally unseaworthy, the vessel’s authorized representative shall (a) ensure that arrangements are made to return every crew member to the place where they first came on board or to another place to which they have agreed; and (b) pay the expenses of returning every crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned. (2) The authorized representative of a Canadian vessel shall have insurance or other financial arrangements sufficient to compensate crew members for any monetary loss that they may reasonably incur as a result of a failure of the authorized representative to meet its obligations to them under subsection 94 (1) of the Act or subsection (1). (3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.
Marine Personnel Regulations — 329
329 (1) The master of a Canadian vessel that is engaged on a voyage other than a sheltered waters voyage, an inland voyage or an intraprovincial voyage shall ensure that (a) the crew members who are living on board can meet the recommendations of Eating Well with Canada’s Food Guide ; (b) there is made available sufficient potable water for all crew members on board; and (c) the vessel’s potable water system meets the requirements set out in paragraphs 8(a) to (g) of the Potable Water Regulations for Common Carriers . (2) No person shall charge a crew member for food or water required to comply with subsection (1).
Marine Personnel Regulations — 330
330 If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in (a) section 310 , in respect of visas required to join the vessel; (b) subsection 327 (1); and (c) subsections 328 (1) and (2).
Marine Personnel Regulations — 331
331 (1) [Repealed, SOR/2023-257, s. 527] (2) If a vessel has separate hospital accommodation on board, the master shall ensure that the accommodation is used exclusively for medical purposes. (3) This section does not apply in respect of vessels constructed before the day on which the Convention comes into force in Canada. (4) For the purpose of this section, a vessel is constructed on the earlier of (a) the day on which its keel is laid, and (b) the day on which construction identifiable with a specific vessel begins. SOR/2023-257, s. 527
Marine Personnel Regulations — 332
332 (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 the crew members can avail themselves of the on-board complaint procedures set out in this section. (2) Crew members may make a complaint with respect to (a) an alleged breach of (i) any of the applicable requirements set out in subsection 93(1) or 94(1) of the Act or in subsection 334 (1), (ii) section 425 of the Criminal Code or the right to freedom of association and to collective bargaining set out in Part I of the Canada Labour Code , or (iii) section 423 of the Criminal Code in respect of compelling someone to work; or (b) an alleged discriminatory practice described in (i) any of sections 7 to 12 and paragraph 14(1)(c) of the Canadian Human Rights Act , or (ii) section 14.1 of that Act in respect of a complaint related to an alleged discriminatory practice described in a provision referred to in subparagraph (i). (3) The complaint may be made to (a) the head of the crew member’s department; (b) the crew member’s superior officer; (c) the vessel’s master; or (d) the vessel’s authorized representative. (4) A complainant may be represented by any other crew member on board if that crew member consents. (5) The complainant and their representative may attend any meeting or hearing with respect to the complaint. (6) If a person referred to in paragraph (3)(a) or (b) cannot resolve a complaint to the satisfaction of the complainant, the person shall refer it to the vessel’s master. (7) If the master cannot resolve a complaint to the satisfaction of the complainant, the master shall refer it to the vessel’s authorized representative. (8) The person to whom a complaint is made or referred shall attempt to resolve it as soon as feasible. (9) The person who resolves a complaint shall record in writing the details of the complaint and its resolution and give a copy of the record to the complainant and any other parties involved. (10) Nothing in this section shall be construed as limiting or restricting any right a crew member may have under any other law or under any custom, contract or arrangement. (11) This section does not apply in respect of complaints to which section 127.1 of the Canada Labour Code applies.
Marine Personnel Regulations — 333
333 (1) Every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage, other than an inland voyage, shall hold a Maritime Labour Certificate or an Interim Maritime Labour Certificate. (2) The authorized representative of every Canadian vessel of 500 gross tonnage or more that is engaged on an international voyage, other than an inland voyage, shall hold a Declaration of Maritime Labour Compliance. (3) Subsection (2) does not apply in respect of a vessel that holds an Interim Maritime Labour Certificate.