Marginal note:Responsibility for goods
250. Subject to the Carriage of Goods by Water Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.
Marginal note:Actions in rem
251. (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring.
(2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant.
Marginal note:Does not affect other rights
(3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Court Act.
Definition of “stevedoring”
(4) In this section, “stevedoring” includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.
Proof of Offences by Vessels
Marginal note:Proof of offence
252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act or a pollution prevention officer, whether or not the person on board has been identified.
(2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.
Marginal note:Damage to environment and risk of death or harm to persons
253. (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,
(a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or
(b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.
Marginal note:Criminal negligence
(2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.
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