Merchant Seamen Compensation Act

Marginal note:Employer to give notice

• 26 (1) Subject to subsection (2), every employer shall, within 30 days after the happening of an accident to a seaman in its employment by which the seaman is disabled from performing their duties or that necessitates medical aid, notify the Minister in writing of

  • (a) the happening of the accident and its nature,

  • (b) the time of the accident,

  • (c) the name and address of the seaman,

  • (d) the place of the accident, and

  • (e) the medical aid received by the seaman following the accident,

  The employer shall also produce any further information respecting any other accident or claim to compensation that the Minister may require.

• Marginal note:Minister may relieve employer

  (2) The Minister may, by order, relieve any employer from the obligation to comply with subsection (1) to the extent provided for in the order.

• Marginal note:Failure to comply

  (3) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

• Marginal note:Due diligence

  (4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Minister’s consent

  (5) No proceedings shall be taken under this section against any person without the Minister’s consent.