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Vol. 141, No. 12 — June 13, 2007
Registration
CANADA SHIPPING ACT, 2001 Order Amending Schedule 1 to the Canada Shipping Act, 2001 (Maritime Labour Convention, 2006) P.C. 2007-836 May 31, 2007 Whereas the Maritime Labour Convention, 2006 relates to the health and well-being of seafarers and the safety of marine transportation; Whereas the Maritime Labour Convention, 2006 is a multilateral agreement that Canada has signed with respect to navigation and shipping; And whereas the Minister of Transport, Infrastructure and Communities has determined that the Maritime Labour Convention, 2006 should be brought into force, in whole or in part, in Canada by regulation; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 30(1) of the Canada Shipping Act, 2001 (see footnote a), hereby makes the annexed Order Amending Schedule 1 to the Canada Shipping Act, 2001 (Maritime Labour Convention, 2006). ORDER AMENDING SCHEDULE 1 TO THE CANADA SHIPPING ACT, 2001 (MARITIME LABOUR CONVENTION, 2006) AMENDMENT 1. Schedule 1 to the Canada Shipping Act, 2001 (see footnote 1) is amended by adding the following after item 30: 31. Maritime Labour Convention, 2006 COMING INTO FORCE 2. This Order comes into force on the day on which section 2 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, comes into force. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Description In February 2006, the International Labour Organization (ILO) adopted the Maritime Labour Convention, 2006 (the Convention) at their 94th International Labour Conference held in Geneva, Switzerland. It includes conventions and recommendations addressing global labour standards and sets out seafarers' rights to decent working conditions. More than 100 countries, including Canada, were signatories to the adoption of the Convention. Canada actively participated in the development and formulation of the Convention, which is a revision and consolidation of over 69 maritime labour instruments adopted by the ILO since 1920. The Order Amending Schedule 1 to the Canada Shipping Act, 2001 (Maritime Labour Convention, 2006) (the Order) adds the Convention to Schedule 1 to the Canada Shipping Act, 2001 (CSA 2001). Thus, when the CSA 2001 comes into force on July 1, 2007, paragraph 35(1)(d) of that Act will give authority to make regulations that implement provisions of the Convention for the purpose of giving them force of law in Canada. More practically, the addition of this Convention to Schedule 1 to the CSA 2001 will provide the authority to bring the Convention into force in whole or in part in Canada, give the Minister the power to issue compliance documents and have certificates issued to, or by, any signatory states. The coming into force of the Convention (which is expected to occur in 2009-2010) gives Canada the opportunity to coordinate various regimes concerning marine personnel (e.g., the Canada Labour Code, the Canadian Charter of Rights and Freedoms, the Criminal Code). Adding the Convention to Schedule 1 to the CSA 2001 sets the stage for the implementation of the Convention and ensures that the CSA 2001 requirements related to seafarers' working conditions are in conformity with international practices reflected in the Convention. Some of the requirements covered under the Convention are minimum requirements for seafarers to work on a ship; conditions of employment; accommodation, recreational facilities, food and catering; health protection, medical care, welfare and social security protection; and compliance and enforcement. Such specific details were not included in the CSA 2001. Since the Convention is the framework for labour requirements, this will put in place a certification regime that is necessary to meet the objectives of the CSA 2001. One special feature of the Convention is the "no more favourable treatment clause". This clause will encourage and facilitate an equitable and fair application of the standards throughout the international maritime industry. It should be noted that under the Convention, vessels arriving in countries that have ratified the Convention will have to demonstrate that they are in conformity with the Convention, whether their flag country has, or has not, ratified the Convention. Foreign states that have ratified the Convention will require that Canadian vessels in their ports demonstrate that they meet the requirements of the Convention even if Canada has not yet ratified the Convention. This demonstration could be done through inspection by foreign officials or by providing a certificate issued by Canada, which is face value evidence that the vessel met the requirements of the Convention. Thus, having a certification regime in place through regulations when the CSA 2001 comes into force is essential to ensure that Canadian vessels are not unduly delayed or detained in foreign countries. Alternatives The status quo would leave Canada in a position of non-conformity with its international obligations under the Convention. There is no viable alternative to create the necessary authorities to implement this Convention but to add it to those already listed in Schedule 1 to the CSA 2001. Adding the Convention to Schedule 1 to the CSA 2001 will help to fulfil the CSA 2001 objectives, which include protecting the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce, and ensuring that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping. Benefits and costs Adding this Convention to Schedule 1 to the CSA 2001 does not create new requirements. It allows the setting of requirements that support the minimum standards already in place in Canada, and permits the issuance of certificates of compliance. The certification of vessels is a system already in place in Canada for various technical requirements and will not be new to shipowners. Consequently, this Order is not expected to create any additional financial costs or generate any savings. Enabling Canada to issue certificates will provide shipowners with tangible face value evidence that they have met the requirements of the Convention when they are arriving in a foreign country that is a signatory country. This will avoid unnecessary delays or possible detention of the vessel and maintain Canada's competitiveness. All countries adopting the principles of the Convention or ratifying the Convention will contribute to improving the working conditions of seafarers. Furthermore, it will enhance labour standards and allow shipowners to implement these standards in a more systematic, integrated and continuous manner. The cost and benefit of Canada's intention to ratify the Convention, the requirements for Seafarer's Recruitment and Placement Services, Maritime Labour Certificates and the Declarations of Compliance will arise out of another regulation being made under the CSA 2001. Specifically, the Marine Personnel Regulations, except Division 2 (Seafarer Recruitment and Placements Services) and Division 6 (Maritime Labour Certificates and Declarations of Compliance) of Part 3, will come into force on the day on which section 2 of the CSA 2001 comes into force. Divisions 2 and 6 will come into force on the later of the two following days: either the day on which the Convention comes into force in Canada or the day on which section 2 of the CSA 2001 comes into force. The associated benefits and costs will be addressed in the Regulatory Impact Analysis Statement specific to the Marine Personnel Regulations. Consultation The development of the Convention and the Marine Personnel Regulations has been done in working groups under the umbrella of the Canadian Marine Advisory Council (CMAC) since 2003. These groups met in the Fall of 2004 and 2005 and the Spring of 2006 and provided an opportunity for shipowners and seafarers to present and discuss their views, and ensure their input reflected Canada's comprehensive position at the ILO meetings held in 2004 and 2006. In addition, since 2003, representatives of seafarers and shipowners participated in eight bi-annual national CMAC meetings with government officials to express their needs, present their issues and share their concerns about labour issues and the provisions of the Convention. The information obtained at the ILO conferences has been continuously transmitted to interested stakeholders across Canada. The draft text of the Convention and the proposed regulatory requirements have been shared with stakeholders at the national CMAC meeting in May 2006. Labour associations and shipowners associations support this proposal. Strategic Environmental Assessment A preliminary scan of this initiative has been completed in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. It concluded that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination. Compliance and enforcement Enforcement and compliance measures of the provisions of the Convention implemented in the regulations made under the CSA 2001 will be done through the new compliance and enforcement regime set out in the CSA 2001. This regime includes monitoring through periodic inspections and spot checks by marine safety inspectors, and includes compliance measures such as voluntary agreements, administrative monetary penalties, suspension of certificates, detention of vessels and summary convictions. More specifically, under subsection 38(1) of the CSA 2001, a person who, or a vessel that contravenes a provision of the regulations made under paragraph 35(1)(d) of the CSA 2001 that implements an international convention listed in Schedule 1 to that Act commits an offence punishable on summary conviction. Contact
Donald Roussel
S.C. 2001, c. 26 S.C. 2001, c. 26 |
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