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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| Articles of
agreement
|
91. (1) The master of a vessel who is
required by the regulations made under this
Part to enter into articles of agreement shall
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(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
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|
(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.
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| Information
|
(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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| Discharge
|
92. When a crew member of a Canadian
vessel is discharged, the authorized
representative shall provide the member with
a certificate of discharge in the form and
manner specified by the Minister.
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| Record of sea
service
|
93. (1) The authorized representative and
every crew member of a Canadian vessel shall
each maintain, in the form and manner and for
the period specified by the Minister, a record
of sea service of the member.
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| Copies to the
Minister
|
(2) On request, the authorized
representative shall provide the Minister with
a copy of, or an extract from, a crew member's
record of sea service.
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| Return and
payment of
expenses
|
94. (1) Subject to the regulations and except
in the case of desertion or mutual agreement,
if a crew member is left behind when a
Canadian vessel sails or is shipwrecked, the
authorized representative shall ensure that
arrangements are made to return the crew
member to the place where they first came on
board or to another place to which they have
agreed, and pay the expenses of returning the
crew member as well as all expenses,
including medical expenses, that the crew
member reasonably incurs before being
returned.
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| Exception if
insurance
|
(2) The authorized representative is not
responsible to pay any expenses covered by
insurance for which the authorized
representative paid.
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| If authorized
representative
does not
comply
|
(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.
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|
| Desertion or
serious
violation of
contract
|
95. If a crew member deserts a Canadian
vessel or has committed a serious violation of
their contract of employment, the authorized
representative or, if the authorized
representative entered into an agreement with
another person to provide the crew member,
that person may return the crew member to the
place where they first came on board or to
another place on which they and the
authorized representative or the other person,
as the case may be, have agreed. The expenses
of returning the crew member may be
deducted from any remuneration due to them.
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| Informing the
Minister
|
96. The authorized representative of a
Canadian vessel must, in the form and manner
specified by the Minister, inform the Minister
of every birth or death on board.
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| Death of crew
member
|
97. (1) Subject to any other law, if a crew
member of a Canadian vessel dies, the master
shall
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|
(a) without delay inform the Minister or a
diplomatic or consular officer of Canada of
the circumstances surrounding the death;
and
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(b) at the option of the person, if any, whom
the crew member identified as a contact in
case of emergency, arrange to bury or
cremate the body or, if the person and the
master agree on a place to return the body
to, return it to that place.
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| Cremation or
burial
|
(2) If the contact person referred to in
paragraph (1)(b) cannot be consulted within a
reasonable period, the master shall, subject to
any other law, bury or cremate the body, taking
into account the deceased's wishes if known.
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| Exceptional
circumstances
|
(3) If, in the opinion of the master, it is not
feasible, because of the type of voyage or the
lack of facilities, to follow the wishes of the
contact person referred to in paragraph (1)(b)
or of the deceased crew member, the master
shall, subject to any other law, bury or cremate
the body.
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| Property of a
deceased crew
member
|
(4) The authorized representative of a
Canadian vessel shall give any property that
belonged to a deceased crew member and was
on board to the contact person referred to in
paragraph (1)(b) or the deceased crew
member's estate or succession.
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| If an
agreement to
provide crew
members
|
98. 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
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(a) paragraph 91(1)(a) (enter into articles);
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(b) section 92 (provide certificate of
discharge);
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|
(c) subsection 93(1) (maintain record of sea
service);
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|
(d) subsection 93(2) (provide copy of
record of sea service); and
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|
(e) subsection 94(1) (pay expenses), except
in respect of any expenses covered by
insurance for which that other person or the
authorized representative paid.
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|
| Adjudication
by Minister
|
99. The Minister may, on the request of the
authorized representative and a crew member
of a Canadian vessel, adjudicate any dispute
between them that arises under this Part. The
Minister's decision is binding on the parties.
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| Regulations
|
100. The Governor in Council may, on the
recommendation of the Minister, make
regulations for carrying out the purposes and
provisions of this Part, including regulations
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|
(a) specifying the positions that shall be
occupied on board Canadian vessels, or
classes of Canadian vessels, their minimum
number and the types and classes of
Canadian maritime documents that persons
in those positions shall hold;
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(b) specifying the requirements in respect
of any position on board Canadian vessels
or classes of Canadian vessels;
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|
(c) specifying the types and classes of
certificates that may be issued in respect of
positions on board Canadian vessels or
classes of Canadian vessels;
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(d) respecting the qualifications required of
applicants for any type or class of certificate
specified under paragraph (c), including
their medical fitness, minimum age, degree
of knowledge, skill, training and
experience;
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(e) respecting the manner of determining
whether a person meets the requirements
specified under paragraph (b) in respect of
a position or the qualifications required
under paragraph (d) for any type or class of
certificate of competency or other
Canadian maritime document;
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|
(f) specifying the terms and conditions of
certificates of competency or other
Canadian maritime documents issued under
this Part;
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|
(g) specifying the circumstances in which
ensuring arrangements for a crew member's
return and paying their expenses are not
required for the purpose of subsection
94(1);
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(h) respecting persons who enter into
agreements to provide crew members,
including requiring that those persons be
licensed;
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(i) specifying the Canadian vessels or
classes of Canadian vessels in respect of
which the master shall enter into articles of
agreement with crew members;
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|
(j) specifying the information that must be
contained in articles of agreement;
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|
(k) specifying what constitutes a serious
violation of a contract of employment;
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|
(l) respecting any occupational health or
safety matter on board a vessel that is not
regulated by the Canada Labour Code; and
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|
|
(m) respecting the payment and allotment
of crew members' wages.
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|
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|
| Contravention
of Act or
regulations
|
101. (1) Every person commits an offence
who contravenes
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|
|
(a) subsection 82(2) (operating a vessel
without sufficient and competent crew);
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|
(b) subsection 82(3) (wilfully obstructing
the operation of a vessel); or
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|
|
(c) a provision of the regulations made
under any of paragraphs 100(a) to (i) and (k)
to (m).
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
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|
| Continuing
offence
|
(3) If an offence under subsection (1) is
committed or continued on more than one day,
the person who committed it is liable to be
convicted for a separate offence for each day
on which it is committed or continued.
|
|
| Contravention
of Act
|
102. (1) Every person commits an offence
who contravenes
|
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|
|
(a) section 87 (hold certificate or document
and comply with its terms and conditions);
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|
|
(b) subsection 90(1) (inform Minister of
medical opinion);
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|
(c) subsection 90(2) (inform that holder of
a certificate);
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|
(d) subsection 94(1) (pay expenses);
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|
(e) subsection 97(1), (2), (3) or (4) (take
measures following a death); or
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|
|
(f) paragraph 98(e) (failure to pay
expenses).
|
|
| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $100,000
or to imprisonment for a term of not more than
one year, or to both.
|
|
| Contravention
of Act or
regulations
|
103. (1) Every person commits an offence
who contravenes
|
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|
|
(a) subsection 82(1) (ensure employees
present Canadian maritime documents);
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|
(b) paragraph 91(1)(a) (enter into articles);
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|
(c) paragraph 91(1)(b) (display articles);
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|
(d) section 92 (provide certificate of
discharge);
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|
(e) subsection 93(1) (maintain record of sea
service);
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|
(f) subsection 93(2) (provide copy of record
of sea service);
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|
(g) paragraph 98(a) (enter into articles);
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|
(h) paragraph 98(b) (provide certificate of
discharge);
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|
(i) paragraph 98(c) (maintain record of sea
service);
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|
(j) paragraph 98(d) (provide copy of record
of sea service); or
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|
|
(k) a provision of the regulations made
under paragraph 100(j).
|
|
| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $10,000.
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