Labour standards set fair employment conditions. They protect workers from being exploited and create a level playing field for employers.
On this page
- Overview
- Who does this apply to?
- Information for seafarers
- Information for authorized representatives
- Information for seafarer recruitment and placement services
- Transport Canada’s role
Overview
International marine labour standards are in the Maritime Labour Convention 2006 (MLC). Canada started following this convention on August 20, 2013. Most of the rules are included in Part 3 of the Marine Personnel Regulations (MPR).
Canada also has other marine labour standards in the Marine Occupational Health and Safety Regulationsand the Vessel Construction and Equipment Regulations.
If a marine worker gets hurt in an accident, the Merchant Seaman Compensation Actexplains how they can get compensation.
These standards cover many areas, including:
- requirements for seafarers to work on vessels, such as age, medical certification, and qualifications
- job conditions, contracts, wages, hours of work and rest, annual and shore leave, termination of employment, repatriation
- crew size and the training and certificates crew members must have
- health, safety, and accident prevention
- living spaces, recreation areas, food, and kitchen standards
- health care, medical help, welfare and social security protection
- on-board complaint procedures
- how the rules are followed and enforced
- shipowners' duties, like paying for crew to return home or covering accident costs
- requirement for vessels over 500 gross tonnage (engaged on an international voyage other than an inland voyage) to have a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance
Who does this apply to?
Part 3 of the Marine Personnel Regulations applies to:
- Canadian vessels everywhere, unless exempted
- foreign vessels in Canadian waters
- seafarer recruitment and placement services that recruit or place persons for work on:
- Canadian vessels, including fishing vessels, that are engaged on a near coastal voyage, Class 1 or an unlimited voyage, or
- foreign vessels
The Marine Occupational Health and Safety Regulationsapply to workers on vessels registered in Canada that fall under federal jurisdiction under the Canada Labour Code.
The Vessel Construction and Equipment Regulations apply to Canadian vessels that must be registered or listed under Part 2 of the Canada Shipping Act, 2001 and foreign vessels that operate in certain ice conditions.
Exemptions
- Fishing vessels as defined in subsection 1(1) of the Marine Personnel Regulations, that are Canadian flagged (other than section 319 of the MPR if 100 gross tonnage or more, and sections 334 and 335 of the MPR if 500 gross tonnage or more and engaged on an international voyage other than an inland voyage)
- Pleasure craft
- Traditionally built vessels, like canoes and kayaks
- Vessels involved in drilling for, producing, conserving or processing oil or gas and are engaged in navigation are exempt from certain provisions
Information for seafarers
Your rights and safety are protected in either national or international regulations. If you think that your rights aren’t being respected:
- review the regulations to make sure you understand them correctly
- raise your concerns via the on-board complaint procedures that your vessel is required to have
- Foreign vessel – see applicable foreign legislation and the MLC, if applicable.
- Canadian vessel – see section 332 of the MPR
If you continue to believe your rights aren’t being respected, email:
- TC.PSCCanada-CNEPCanada.TC@tc.gc.ca (if you work on a foreign vessel in Canadian waters)
- insp.stand-norm.insp@tc.gc.ca (if you work on a Canadian vessel)
Find the nearest Seafarer Support Centre to get more help and support.
If you have been detained in connection with alleged crimes, these International Labour Organization guidelines can help make sure you are treated fairly.
Information for authorized representatives
As an authorized representative (usually the owner for a Canadian vessel and the master for a foreign vessel), you’re responsible for following Canada’s maritime laws, including labour standards.
If your vessel is 500 gross tonnage or more and is on an international voyage other than an inland voyage, you must have both a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance and post them somewhere on board where seafarers can easily see them.
Get a Maritime Labour Certificate or Declaration of Maritime Labour Compliance
A vessel’s authorized representative should complete this process.
- Download and complete:
- Send the application package and the supporting documents to your nearest Marine Safety and Security Regional Office.
Transport Canada will issue a Maritime Labour Certificate to vessels that can show they comply with the Declaration of Maritime Labour Compliance. The Maritime Labour Certificate is valid for five years and subject to an intermediate inspection sometime in the second or third year.
Transport Canada will endorse the certificates. We recommend that vessel owners line-up the expiration date of the first Declaration of Maritime Labour Compliance with the expiration dates of existing inspection expiration or class certificates.
Information for seafarer recruitment and placement services
Canadian companies that recruit and place seafarers on Canadian and foreign flagged vessels that operate in Canadian or international waters must have a seafarer recruitment and placement service licence. This includes responding to complaints initiated by seafarers they have recruited and placed on vessels.
More information about Seafarer Recruitment and Placement Service licenses and how to get one.
Transport Canada’s role
Transport Canada makes sure that the marine industry follows marine labour laws by:
- inspecting foreign vessels and taking action based on any issues they find
- issuing Canadian vessels Maritime Labour Certificates and declarations of maritime labour compliance
- providing secretariat support to the Canadian National Seafarers’ Welfare Board