Marine Personnel Regulations (SOR/2007-115)

Obligation of Persons Who Provide Crew Members

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).

DIVISION 4Separate Hospital Accommodation

• 331 (1) [Repealed, SOR/2023-257, s. 527]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.

DIVISION 5On-board Complaint Procedures

• 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.

DIVISION 6Maritime Labour Certificates and Declarations of Compliance

Requirements to Hold

• 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.

Issuance of Maritime Labour Certificates

• 334 (1) On application, the Minister shall issue a Maritime Labour Certificate to a Canadian vessel if the applicable requirements regarding the following are met:

  • (a) the minimum age of crew members as set out in section 302 and the work hours of persons under 18 years of age as set out in section 303;

  • (b) medical certification as set out in Division 8 of Part 2;

  • (c) qualifications of seafarers as set out in Part 1;

  • (d) articles of agreement as set out in section 91 of the Act and section 308, collective agreements as set out in section 309 and certificates of discharge as set out in section 92 of the Act;

  • (e) use of recruitment and placement services as set out in subsection 304(2);

  • (f) hours of work or rest as set out in sections 319 to 323;

  • (g) crewing levels for the vessel as set out in Part 2;

  • (h) health and safety as set out in Part II of the Canada Labour Code, as well as

    • (i) accommodation and on-board recreational facilities as set out in the Vessel Construction and Equipment Regulations,

    • (ii) [Repealed, SOR/2023-257, s. 528]

    • (iii) food and catering as set out in section 329, and

    • (iv) accident prevention as set out in the Tackle Regulations;

  • (i) on-board complaint procedures as set out in section 127.1 of the Canada Labour Code and section 332; and

  • (j) payment and transmittal of wages as set out in sections 315 to 317.

• (2) On application, the Minister shall issue an Interim Maritime Labour Certificate to a Canadian vessel if the requirements referred to in subsection (3) are met and

  • (a) the vessel has just been registered in Canada; or

  • (b) there is a new authorized representative of the vessel following a change in ownership of the vessel.

• (3) The requirements referred to in subsection (2) are the following:

  • (a) the applicable requirements referred to in paragraphs (1)(b) to (d);

  • (b) the applicable requirements referred to in paragraphs (1)(a) and (e) to (j) in so far as meeting those requirements when the Interim Maritime Labour Certificate is issued is reasonable and feasible; and

  • (c) the vessel’s master is familiar with the requirements referred to in subsection (1) and who is to comply with them.

• (4) Subsections (1) to (3) apply in respect of fishing vessels that are Canadian vessels but they shall be considered as vessels that are not fishing vessels for the purpose of determining the applicable requirements referred to in

  • (a) paragraphs (1)(a), (b), (d), (e) and (h) to (j); and

  • (b) paragraph (1)(f) in so far as it relates to vessels referred to in subsection 319(2).

Issuance of Maritime Labour Declarations of Compliance

• 335 (1) On application, the Minister shall issue a Declaration of Maritime Labour Compliance to the authorized representative of a Canadian vessel who has procedures in place to ensure compliance with the applicable requirements referred to in subsection 334(1).

• (2) Subsection (1) applies in respect of fishing vessels that are Canadian vessels but they shall be considered as vessels that are not fishing vessels for the purpose of determining the applicable requirements referred to in

  • (a) paragraphs 334(1)(a), (b), (d), (e) and (h) to (j); and

  • (b) paragraph 334(1)(f) in so far as it relates to vessels referred to in subsection 319(2).

Availability

• 336 (1) The master of every Canadian vessel that holds a Maritime Labour Certificate shall keep the Certificate on board with a copy of the Declaration of Maritime Labour Compliance issued in respect of the vessel attached.

• (2) The master of every Canadian vessel that holds an Interim Maritime Labour Certificate shall keep the Certificate on board.

• (3) The vessel’s master shall ensure that the documents referred to in subsection (1) or (2), as the case may be,

  • (a) are posted on the vessel’s notice board for the information of the crew members; and

  • (b) are made available to

    • (i) crew members and their representatives, and

    • (ii) port state control officers in foreign states.

Endorsements of Maritime Labour Certificates

337 The authorized representative of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that the certificate is endorsed as required by Standard A5.1.3.2 of the Convention.

Records of Inspections

• 338 (1) The master of a Canadian vessel that holds a Maritime Labour Certificate shall ensure that records of the results of inspections carried out to ensure compliance with any of the applicable requirements referred to in subsection 334(1)

  • (a) are attached to the Declaration of Maritime Labour Compliance issued in respect of the vessel; or

  • (b) are kept on board in electronic form and made available in that form to

    • (i) crew members and their representatives, and

    • (ii) port state control officers in foreign states.

• (2) The master shall provide a copy of the records to crew members on request.

• (3) If the records are not in English, the master shall ensure that an English translation accompanies the records or the copy, as the case may be.

• (4) This section does not apply in respect of inspections carried out for the purpose of issuing a Maritime Labour Certificate or an Interim Maritime Labour Certificate.

DIVISION 7Log Books

• 339 (1) The master 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, shall keep an official log book in a form approved by the Minister.

• (2) The Minister shall approve forms of official log books so that the forms contain the spaces necessary for the entries required by section 340.

• (3) The official log book may be kept distinct from or united with the vessel’s deck log book.

• (4) The master shall ensure that every entry required by section 340

  • (a) is made as soon as possible;

  • (b) is dated to show the date of the event and of the entry if the entry is in respect of an event; and

  • (c) is made not more than 24 hours after the arrival of the vessel at its final place of discharge if the entry is in respect of an event that happens before that arrival.

• (5) The master shall sign every entry in the official log book and shall ensure that every entry is also signed by the chief mate or another crew member and, if it is an entry in respect of an injury or a death, by the medical doctor on board, if there is one.

• 340 (1) The official log book shall contain the following entries:

  • (a) the vessel’s name, official number, port of registration and registered gross tonnage and net tonnage;

  • (b) the master’s name and certificate number;

  • (c) the place at which and the date on which the voyage starts, the classification of the voyage and the place at which and the date on which the voyage ends;

  • (d) a listing of the crew members on board;

  • (e) details of every injury that a crew member sustains, including the nature of the injury and the medical treatment adopted, if any;

  • (f) details of every birth of a child that occurs on board, including

    • (i) the child’s date of birth,

    • (ii) the child’s given names (if any), surname and gender,

    • (iii) the given names, surname, maiden name (if any), nationality and most recent place of residence of the child’s mother, and

    • (iv) the given names, surname, nationality and most recent place of residence of the child’s father, if known;

  • (g) details of every death that occurs on board, including

    • (i) the date of death,

    • (ii) the person’s given names (if any), surname and gender,

    • (iii) the person’s age,

    • (iv) the person’s rank or occupation if the person was a crew member,

    • (v) the person’s nationality and most recent place of residence, and

    • (vi) the cause of death;

  • (h) the details of the wages due to any crew member who dies during a voyage, including the gross amount of all deductions to be made from those wages;

  • (i) details respecting every accident or incident associated with the vessel;

  • (j) details respecting every instance of a crew member deserting the vessel or committing a serious violation of their contract of employment; and

  • (k) if a notice containing particulars of the vessel’s draught and freeboard is required to be posted under section 12 of the Load Line Regulations, the date and time the notice is posted.

• (2) If the vessel is engaged on an international voyage, other than an inland voyage, the official log book shall also contain the following entries:

  • (a) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate and leaves a place for the purpose of proceeding to sea,

    • (i) the place from which the vessel departs,

    • (ii) the date and hour of departure,

    • (iii) the actual draught of water forward and aft,

    • (iv) the actual freeboard amidships on the port and starboard sides of the vessel and the average of those freeboards,

    • (v) the density of the water,

    • (vi) the adjustments to the applicable load line for the density of water and for the weight of fuel and all other materials required for consumption between the point of departure and the sea and the total of those adjustments, and

    • (vii) the mean draught and the mean freeboard amidships in saltwater as calculated after the adjustments referred to in subparagraph (vi) are made;

  • (b) if the vessel holds a Local Load Line Certificate, an International Load Line Certificate or an International Load Line Exemption Certificate, the positions of the deck line and load lines indicated on the certificate;

  • (c) the information required to be kept by subsection 24(1) of the Boat and Fire Drill and Means of Exit Regulations; and

  • (d) a daily record of whether radio conditions and the state of the vessel’s radio equipment are satisfactory or unsatisfactory.

• (3) The master shall send the information required by paragraphs (1)(a) to (c) to the Minister at the end of the voyage or when the master leaves the vessel, but in any event no later than when the registration of the vessel changes or the vessel is shipwrecked or abandoned.

• (4) The master shall provide each of the vessel’s completed official log books to the vessel’s authorized representative.

• (5) The authorized representative shall ensure that each of the vessel’s official log books is kept until the earlier of

  • (a) five years after the day on which the log book was completed, and

  • (b) the day on which a change is made in registration of the vessel.

• (6) On request, the authorized representative shall provide the vessel’s official log books to the Minister.