Marine workers – Overview and definitions

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

In these instructions, “officers” refers to employees of both IRCC and the Canada Border Services Agency (CBSA).

Officers should review the instructions on this page in conjunction with the following:

For marine workers who are work permit exempt (crew members):
- Marine workers – Crew members employed by a foreign company aboard a means of transportation – Work without a permit [R186(s)]
- General information: Work without a permit – International Mobility Program
For marine workers who are required to have work permits:

In addition, officers should review the instructions in conjunction with the following:

Roles and responsibilities

The following government departments and agencies are responsible for managing various aspects of the marine transportation and work:

Transport Canada (TC)
Canada Transportation Agency (CTA)
Employment and Social Development Canada / Services Canada (ESDC/SC)
Canada Border Services Agency (CBSA)
Immigration, Refugees and Citizenship Canada (IRCC)

Transport Canada (TC)

Transport Canada’s (TC) Domestic Marine Policy Group administers and enforces the Coasting Trade Act. To promote compliance with Canadian law, TC provides guidance on the application of the Act and undertakes enforcement as required.

TC may be contacted for guidance concerning particular activities, such as whether or not an activity is considered coasting trade. TC is the point of contact for transporters (like shipping agents) for fast-track Coasting Trade Licence (CTL) requests for unforeseen activities.

IRCC and the CBSA only determine if a foreign crew member is authorized to work in Canada. Any requirements regarding labour safety or specific training requirements are the responsibility of TC.

Canada Transportation Agency (CTA)

The Coasting Trade Act states that no foreign ship or non-duty paid ship shall (except for certain ships operating under exceptions provided in the Act), engage in coasting trade without a CTL.

The Canada Transportation Agency (CTA) determines whether a suitable Canadian vessel is available to perform the work outlined in a coasting trade application, including for the transport of goods, the transport of passengers and all other commercial marine activities.

The CTL authorizes a foreign or non-duty-paid ship to conduct commercial activity in Canadian waters for a maximum period of 12 months. If a CTL is issued to a foreign flagged vessel, the crew on board may need to obtain work permits if their vessel is no longer engaged in “international trade”.

Canada Borders Services Agency (CBSA)

Coasting Trade Licence (CTL)

Applications for Vessel Temporary Admission to the Coasting Trade of Canada are sent simultaneously to both the CTA and the CBSA.

When the CTA determines that no suitable Canadian-registered ships are available to perform a proposed activity, the CBSA will email a Letter of Determination to the applicant. This letter outlines the remaining requirements to obtain a CTL.

The applicant can then take the necessary documentation to a specified CBSA office where a licence is issued on behalf of the Minister of Public Safety. This licence authorizes the ship to commence its specified activities.

Work permits

The CBSA is the policy lead on port-of-entry examination, obligations of transporters and maritime procedures.

The CBSA has the authority to process applications for work permits when a foreign national meets the requirement under section R198 (application on entry) and is seeking entry to Canada at the First Port of Entry (FPOE).

The CBSA is responsible for issuing work permits at the first port of entry for those who were provisionally approved for a work permit prior to travel to Canada.

If the foreign national was authorized to enter Canada as a crew member under paragraph R186(s), the CBSA does not have the delegated authority to process or issue a work permit after entry to Canada while the vessel is in port. In such cases the work permit application must be made online to IRCC (in-Canada).

Employment and Social Development Canada / Service Canada (ESDC/SC)

Employment and Social Development Canada / Service Canada (ESDC/SC) Employment and Social Development Canada / Service Canada (ESDC/SC) is responsible for liaising with the employer in the Temporary Foreign Worker Program (TFWP), for receiving and processing Labour Market Impact Assessment (LMIA) applications, which includes conducting genuineness assessments and making a positive or negative decision. ESDC/SC makes an eligibility decision only on the employment’s effect on the labour market and does not assess any individual foreign nationals named in the LMIA application. In addition, ESDC’s Integrity Services Branch (ISB) is responsible for conducting employer compliance inspections on employers under the TFWP after work permits based on LMIAs are issued.

ESDC is responsible for assessing the labour market impact. Employers must obtain LMIAs to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job.

In general, employers hiring temporary foreign workers aboard ships that plan to work in Canadian waters under the Coasting Trade Act must obtain LMIAs. Refer to: Labour Market Impact Assessments - Temporary Foreign Worker Program (ci.gc.ca) and Labour Market Impact Assessment Review.

Immigration, Refugees and Citizenship Canada (IRCC)

IRCC administers the Immigration and Refugee Protection Act (IRPA), and its Regulations.

IRCC is the policy lead and the point of contact on questions related to work permit exemptions for crew members, and work permit applications submitted before or after entry. Officers can refer clients to: Get help hiring a foreign worker for information on how to contact IRCC.

Definitions

Member of a crew

Member of a crew is defined in subsection R3(1) as a foreign national who:

is employed on a means of transportation (vessel, airplane, train or vehicle)
performs duties during an international voyage or trip (travelling into Canada and out again), or while in port (at dock or standby)
performs duties that are related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew

The following persons are not considered to be members of a crew:

any person whose fare is waived in exchange for work to be performed during the voyage or trip, such as a foreign national who would normally pay a fare to travel on the vessel, but instead performs duties during the voyage in exchange for not having to pay the fare
- The foreign national’s purpose for entering Canada would not be “as a member of a crew,” especially if they wish to remain in Canada for more than the 48 hours allowed for crew members to repatriate.
any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada
any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or members of the crew
any in-flight security officer (Note: this is not related to marine workers)

The RCMP website defines in-flight security officers as a discreet specialist operations group who are responsible for addressing:
- security threats that could endanger the safety of the aircraft
- unlawful interference with civil aviation
- threats of serious bodily harm or death
- specialized support to the Government of Canada in the domain of Aviation Security

International transportation

For immigration purposes, crew members are considered to be engaged in activities for the purposes of the international transportation of people if:

the vessel’s itinerary starts at a Canadian port of embarkation, includes at least one foreign port of call, and ends at the same Canadian port
the vessel’s itinerary starts at a Canadian port of embarkation and ends at a foreign port of embarkation

Vessels are considered to be engaged in the international transportation of goods from one point in Canada to another point in Canada provided:

the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada [Coasting Trade Act, paragraph 2(1)(a)].

Coasting Trade Act

The Coasting Trade Act (CTL) reserves commercial marine activities in Canadian waters to Canadian-registered and duty-paid vessels, with limited exemptions. Under this Act, a CTL must be issued to authorize a Canadian non-duty paid or foreign vessel to conduct a commercial marine activity in Canadian waters. This licence is valid for a maximum of 1 year.

Coasting trade or cabotage

Coasting trade or cabotage refers to Canada’s domestic commercial marine activity. Coasting trade is the carriage of goods or passengers by ship from one place in Canada, either directly or indirectly through a foreign port, to any other place in Canada. Beyond the movement of goods and passengers, coasting trade also includes all marine activity of a commercial nature by a ship in Canada, for example cable laying, bunkering, surveys, and standby activities. All foreign ships wishing to engage in these activities require Canadian coasting-trade licences. Above the continental shelf of Canada, these activities must be in relation to the exploration, exploitation or transportation of mineral or other non-living natural resources of the continental shelf. See Coasting trade in Canada.

In Canada, to protect domestic marine interests, only Canadian-registered, duty-paid vessels can engage in coasting trade activities without any restrictions. However, the CTA makes allowances for the temporary importation of foreign vessels under a CTL when no suitable Canadian or Canadian non-duty paid vessels or services are available.

Exclusive economic zone (EEZ)

An exclusive economic zone (EEZ) is an area of the ocean, generally extending 200 nautical miles (370 km or 230 mi) beyond a nation’s territorial sea, within which a coastal nation has jurisdiction over both living and non-living resources. A state’s territorial sea extends up to 12 nautical miles (22 km; 14 mi) from its baseline (that is, the nation’s coast).

Tender boats (that are part of foreign vessels)

Small boats that run back and forth to a larger ship are called tender boats, because they tend to the needs of the larger ship or vessel. They are part of the foreign vessels.

For example, using a foreign vessel’s tender boat to bring passengers of the ship to shore reasonably fit the definition of duties “related to the provisions of services to passengers” under subsection R3(1).

Page details

2025-07-18

Language selection

Search