PART 3Personnel (continued)
Marginal note:Detention of persons
83 (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property.
(2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer.
Marginal note:Use of force on a voyage
(3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.
Stowaways and Other Persons
Marginal note:Liable for discipline
84 Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.
Contract of Employment
Marginal note:Masters’ contracts
85 (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.
Marginal note:Crew members’ contracts
(2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.
(3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel’s being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.
Liens and Claims
86 (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.
Marginal note:Foreign liens
(2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.
Marginal note:Liens for necessaries
(2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.
(3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1).
(4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than
Marginal note:Priority — liens for necessaries
(5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than
Marginal note:Positions on board Canadian vessels
87 Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions.
- 2001, c. 26, s. 87
- 2017, c. 26, s. 41(F)
88 (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.
Marginal note:Foreign certificates of competency
(2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister.
- 2001, c. 26, ss. 88, 323
- 2017, c. 26, s. 41(F)
Marginal note:Acceptance of foreign certificates
89 (1) If the government of a foreign state has entered into a reciprocal arrangement with the Government of Canada to accept certificates of competency issued under this Part in lieu of certificates of competency of that state and if the Minister is satisfied that the requirements under the laws of the foreign state for a certificate of competency meet or exceed the requirements under this Act, the Minister may direct, subject to any conditions that the Minister specifies, that the foreign certificate may be accepted in lieu of a certificate of competency issued under this Part.
Marginal note:Suspension or cancellation
(2) A foreign certificate that is accepted under subsection (1) may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister as though it were a Canadian maritime document, and the holder of any certificate so suspended or cancelled must deliver it to the Minister, who must then return it to the authority that issued it.
- 2001, c. 26, s. 89
- 2017, c. 26, s. 41(F)
Medical or Optometric Information
Marginal note:Minister to be provided with information
90 (1) If a physician or an optometrist believes on reasonable grounds that the holder of a certificate issued under this Part has a medical or optometric condition that is likely to constitute a hazard to maritime safety, the physician or optometrist shall inform the Minister without delay of that opinion and the reasons for it.
Marginal note:Patient to advise
(2) The holder of a certificate issued under this Part in respect of which standards of medical or optometric fitness are required shall, before being examined by a physician or an optometrist, advise the physician or optometrist that they hold the certificate.
Marginal note:Use by Minister
(3) The Minister may use any information provided under subsection (1) for the purpose of determining whether the holder of a certificate meets the requirements in respect of that certificate.
Marginal note:No proceedings shall lie
(4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything they do in good faith in compliance with this section.
Marginal note:Deemed consent
(5) The holder of a certificate is deemed, for the purposes of this section, to have consented to the Minister being informed under subsection (1) in the circumstances referred to in that subsection.
- 2001, c. 26, s. 90
- 2017, c. 26, s. 42(F)
Articles of Agreement, Discharge and Record of Sea Service
Marginal note:Articles of agreement
(a) ensure that every crew member has entered into and received articles of agreement, in the form and manner specified by the Minister, with respect to their position on the vessel; and
(b) display, in a location that is accessible to the crew, the provisions of the articles of agreement that are common to each crew member.
(2) The articles of agreement between the master and a crew member must state the surname and other names of the crew member, the respective rights and obligations of each of the parties and any other information required by the regulations made under this Part.
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