Marine Workers – Crew members employed by a foreign company aboard a means of transportation – Work without a work permit [R186(s)]

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:

• General information: Work without a permit – International Mobility Program
• Marine workers – Overview and definitions
• Marine workers – Work permit required (LMIA required or LMIA exempt)
• Marine workers working to support offshore construction inside Canada’s 200 nautical miles (230 miles) EEZ

In addition, officers should review the instructions in conjunction with

• ENF 4 - Port of Entry Examinations (PDF, 1.62 MB)
• ENF 15 - Obligations of transporters (PDF, 317 KB)
• ENF 17 - Maritime Procedures (PDF, 177 KB)
• Guide for Transporters

Paragraph 186(s) of the Immigration and Refugee Protection Regulations (IRPR) applies to crew members working on any means of transportation that is

• foreign-owned
• not registered in Canada
• engaged primarily in international transportation

Crew member 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 other members of the crew

On this page

• Definition of member of a crew
• Eligibility
• Occupations that meet the definition of crew
• Specific situations that meet the definition of member of a crew
• Examples of foreign nationals not considered as members of a crew
• Crew members who cease to be work permit exempt under subsection R3(1)
• Foreign nationals who are not crew members but who may work without work permits
• Travel documents for crew members
  • By type of document
  • By mode of transportation
• Standard requirements
  • Biometrics
  • Medicals
• Useful links

Definition of member of a crew

Please refer to: Member of a crew

Eligibility

Officers should consider the following factors when assessing if a foreign national is a member of a crew:

• The purpose and intent of a foreign national named as a member of a crew on a crew list should be weighed against subsection R3(1), ENF 17 (PDF, 177 KB) (sections 5.10 to 5.13) and these instructions.
• Is the work that the foreign national performs on the vessel part of regular operations related to the vessel or to the provision of services to passengers or other crew members?
• Is the employee named on a crew list under an employment contract or a service contract? Employees on employment contracts are considered crew members if they meet all other requirements under subsection R3(1).

Employment contract

If the foreign national is a direct hire of the vessel company, they would typically have an “employment contract” for a position on the vessel. This contract could have many variations during the term of employment ( for example, it could be for 3 months or 3 years) based on the services provided by the foreign national. A foreign national with an employment contract should be considered a crew member (if all other subsection R3(1) requirements are met).

Example: Security officers who have an employment contract on cargo ships or on cruise ships (where security is provided for excursions) may be considered members of a crew because their work is related to the operation of the vessel (ensuring it remains secure) or the provision of services to passengers or to other members of the crew (providing security in ports of call).

Carpenters employed by the vessel company who are part of the regular maintenance crew and who travel to all ports with a ship conducting maintenance as required are usually considered crew as they perform work related to the operations of the ship.

Service contract

A “service contract” is a situation where there is an indirect working relationship between the foreign national and the vessel company. The vessel company has contracted a foreign company for a specific service, and the foreign company provides the employee in order to fulfill the contract. The employment contract is between the foreign national and the foreign company; there is no employer-employee relationship with the vessel company. Therefore, the foreign national would be considered a third-party employee and would not qualify for the crew member exemptions under the IRPR. In cases of the third-party employer being owned by the vessel company, foreign nationals employed by the third-party employer would still not meet the definition of a crew member under subsection R3(1) as there is still no direct employment of the foreign national by the vessel.

Example:

ABC Cruise Line has a service contract with DEF Transportation. DEF provides ABC with employees to send to various ships to fulfill the terms of the service contract. Each DEF employee has to sign a short-term service contract with specific vessels, thus becoming a third-party employee. Those employees do not meet the definition of a crew member.

The following ESDC website provides some further guidance for officers in making their determinations.

For example, a group of carpenters board a ship in order to renovate and update a section of the ship. They are working under a service contract for DEF Transportation. They would not meet the definition of crew members under subsection R3(1).

Occupations that meet the definition of member of a crew

Below are examples of occupations on vessels that would meet the definition of member of a crew. This list is not exhaustive.

Specific situations that meet the requirements of paragraph R186(s)

For the purpose of the IRPR, the movement of passengers or goods (cargo) is not “coasting trade” if the vessel starts at a Canadian port and ends its itinerary at a foreign port without disembarking any passengers or unloading any cargo at a second Canadian port.

Vessels can transport people or cargo from point to point in Canada if those same people are not disembarked or if that same cargo is not unloaded anywhere in Canada prior to the foreign stop. However, transportation of people or cargo picked up in Canada, and disembarking those same people or unloading those same goods at another stop in Canada (other than for refuelling) would be considered coasting trade (cabotage).

Foreign nationals who meet the definition of crew members and the requirements of paragraph R186(s) in the following scenarios do not need a work permit.

1 - A foreign-registered cruise ship wants to embark passengers in a foreign port of entry and then disembark passengers in a Canadian port of entry

Example: A foreign-registered cruise ship wants to embark passengers in Seattle, Washington, and then disembark some passengers in Victoria, BC.

This scenario meets the requirements of paragraph R186(s), as the passengers would embark in the foreign port of entry and disembark in Canada. The foreign-registered cruise ship would be on an international voyage.

2 - A foreign-registered cruise ship wants to embark passengers in a Canadian port of entry, stops in a foreign port of entry for tourism purposes, and then ends at the same port of embarkation

For example: A foreign-registered cruise ship wants to embark passengers in Québec, Quebec, stops in Saint-Pierre-et-Miquelon, France, for an in-transit call (for tourism purposes), and then ends at the same port of embarkation, Québec.

This scenario meets the requirements of paragraph R186(s) as the passengers would embark in a Canadian port of entry, travel to another country before returning to disembark at the same port of entry. The foreign-registered cruise ship would be on an international voyage.

3 - Cargo ship loads at a Canadian port and unloads at a foreign port of embarkation without unloading the same cargo at a second Canadian port

A cargo ship that collects grain in Montréal and travels to Dover, UK, would not be considered to be conducting “coasting trade”.

However, if a foreign cargo ship loads cargo at a foreign port and travels to a Canadian port, unloads the foreign cargo and loads Canadian cargo, then travels to another Canadian port and unloads the Canadian cargo and loads new cargo before leaving Canada, the foreign nationals will require work permits.

4 - Repositioning empty containers in Canadian waters

The transfer of cargo from one Canadian port to another is generally considered coasting trade (cabotage) and would require the foreign nationals to obtain work permits.

However, a work permit is not required when a foreign vessel undertakes the repositioning of empty containers that are owned or leased by the vessel owner, and their movement between locations in Canada occurs without consideration (on a non-revenue basis).

5 - Work related to operations of the vessel while alongside dock or in port

Normally, crew members arriving in Canada aboard international vessels may not perform work off the vessel, for example, securing a ship to the dock or loading or unloading of cargo, without a work permit.

For work that is not obviously connected to the operation of the vessel, such as operating cranes or tender boats, the officer should be satisfied that the work being performed by the foreign national is related to the operation of the vessel or is related to providing services to the passengers or other members of the crew. The work performed should be assessed on a case-by-case basis as per the situation.

For example, operating a crane that is part of the ship or operating a vessel’s tender boat that is carried on the ship (transferring passengers or luggage) may be considered work that may be performed without a work permit under paragraph R186(s).

• Analysis: Foreign nationals performing duties (work) while the vessel is alongside the dock or in port that are related to the operation of the vessel, including operating equipment that is part of a vessel that entered Canada (for example, a crane that is part of a cargo ship) may meet the definition of crew member and, as such, may be authorized by regulation to conduct those duties without obtaining a work permit.

6 - Transferring ship equipment between 2 vessels alongside in port

Transferring ship equipment between 2 vessels in port can be performed without a work permit, depending on the circumstances of each case. Officers should consider whether the duties being performed can be reasonably interpreted as “duties related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew”. It would be up to the officer to determine whether the duties being performed fall under this definition.

Example of a scenario when a work permit may not be required

A specialized cabling ship must receive new rolls of cable from a cargo ship while both vessels are in port (but not at dock). The transfer of the rolls of cable by the crew directly from ship to ship can take place by the crew while in Canadian waters without the requirement for a work permit.

If both ships are at dock, then a work permit may be required.

7 - Ships on standby

Refer to the following instructions.

Persons not considered to be members of a crew under subsection R3(1)

The following persons are not considered to be members of a crew for marine work purposes:

• any person whose fare is waived in exchange for work to be performed during the voyage or trip
• For example, 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 most likely 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

8 - Tour guides/Expedition leaders and support staff

A work permit is not required if the following criteria are met:

• The tour begins outside of Canada
• The tour guide and participants arrive together as part of the tour
• The tour is temporary in nature and does not involve the operator setting up a permanent or semi-permanent base of operations (camp, etc.)

Foreign nationals on vessels not defined as members of a crew

Employees under a service contract who are determined not to be crew must obtain work permits or be authorized under a different paragraph of section R186 or public policy, such as business visitor or Global Skills Strategy (GSS) short-term work. They must have all the required documents (passport, temporary resident visa) when seeking entry since the exemptions of paragraph R52(2)(g) and subsection R190(3.1) do not apply.

The definition of crew member does not include foreign nationals in the following categories or occupations:

Crew members who cease to be work permit exempt under subsection R3(1)

Foreign nationals are determined not to be work permit exempt if they cease to be a member of the crew for the following reasons:

• they have been reported as deserted from the means of transportation
• an officer has reasonable grounds to believe that they have deserted from the means of transportation
• they were hospitalized and then failed to return to the vessel or leave Canada after leaving the hospital
• they were discharged [see Note] or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties
  • Note: Being discharged from a job means the working relationship between the worker and the employer has been terminated

Foreign nationals who are not crew members but may work without work permits

There are situations where the foreign national does not meet the definition of a crew member under subsection R3(1) but may be authorized to work under a different paragraph of section R186, an active IRCC Public Policy. For example, they may be eligible to work under paragraph R186(a) as business visitors, or under the GSS public policy for short-term work.

Refer to instructions on business visitors or other paragraphs of section R186 for guidance on eligibility and documentary evidence.

• After-sales service as part of a warranty or sales agreement
• Authorization to work without a work permit

Refer to instructions on GSS short-term work.

• Public policy: Short-term work permit exemption
• Public policy: 120-day work permit exemption for researchers

Travel documents for crew members

By type of document

By mode of transportation

Standard requirements

Biometrics

Subsection R190(3.1) provides that:

A foreign national who is a member of a crew and who is carried to Canada by a vessel is exempt from the requirement to obtain a temporary resident visa if they are seeking

• (a) to enter Canada as a member of the crew of the vessel; and
• (b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.

Since crew members who are on board of the vessel on which they are employed are TRV exempt as per subsection R190(3.1), they are also exempt from the requirement to enroll their biometrics.

However, if a marine crew member is joining the vessel (not coming on the vessel on which they are employed) to work as a crew member, they would be subject to the biometrics requirement, unless they are persons to whom the requirement to provide biometric information (section 10.1 of the Immigration and Refugee Protection Act) does not apply, as per subsection R12.2(1).

Refer to:

• Biometrics collection and screening
• Biometric fee
• Issues with biometrics at ports of entry or Canada Border Services Agency inland offices

Medicals

Refer to who must submit to an immigration medical examination for guidance.

Useful links

• Clients’ instructions: Hire a foreign worker to work on a maritime vessel - Canada.ca