Marine Personnel Regulations (SOR/2007-115)

Collective Agreements That Are Part of Articles of Agreement

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.

Visas

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.

Termination of Employment and Payment of Wages and Compensation

Application

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.

Termination of Employment by Employer

• 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.

Termination of Employment by Crew Member

• 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.

Loss of Vessel or Death

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.

Monthly Payment and Accounting

• 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.

Payment on Termination of Employment

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.

Transmittal of Wages

• 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.

Compensation of Crew Members in Case of Shipwrecks

• 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.

Hours of Work and Hours of Rest

Application

• 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.

Minimum and Maximum Periods

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.

• 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.

Other Considerations and Limitations

• 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.

Records

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.

Table of Shipboard Working Arrangements

• 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.

Annual Leave

• 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.

Shore Leave

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.

Repatriation

• 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.

• 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.

Food and Water

• 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).