Marginal note:Offences and punishment
59 (1) Subject to subsection (2), a person or ship is guilty of an offence and liable to a fine of not more than $5,000 where the offence is committed in respect of a ship of twenty metres in length or less, or to a fine of not more than $50,000 where the offence is committed in respect of a ship exceeding twenty metres in length, if the person or ship
(a) does not follow the practices and procedures established by a port authority under paragraph 56(1)(b) or have the capacity to use the radio frequencies specified by the port authority under that paragraph;
(b) does not do what a person designated under subsection 58(1) requires the person or the ship to do under that subsection;
(c) fails to comply with subsection 58(3); or
(d) knowingly makes a false or misleading statement, either orally or in writing, to a person designated under subsection 58(1).
Marginal note:Defence available in certain cases
(2) It is a defence to a charge under subsection (1) that the master, the person in charge of the deck watch or other person in charge of the ship or the pilot
(a) had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property; and
(b) in the case of a charge under paragraph (1)(b), had notified the person designated under subsection 58(1) of the non-compliance and of the reasons for it as soon as possible after it took place.
Marginal note:Proof of offence by ship
(3) Where a ship is prosecuted for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any person on board the ship, whether or not the person on board has been identified.
- 1998, c. 10, s. 59
- 2008, c. 21, s. 32
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