190. (1) Where an agreement with the crew is required to be made in a form approved by the Minister, the agreement may contain a stipulation for payment to or on behalf of the seaman, conditionally on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month’s wages payable to the seaman under the agreement, and stipulations for the allotment of a seaman’s wages may be made in accordance with this Act.

(2) Except as provided in subsection (1), an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in Canada is void, and any money paid in satisfaction or in respect of that agreement shall not be deducted from the seaman’s wages, and a person does not have any right of action, suit or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.

(3) Where a seaman who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note, wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars, or, at the discretion of the court, to imprisonment for a term not exceeding twenty-one days, but nothing in this section takes away or limits any remedy by action or other procedure that any person would otherwise have in respect of the negotiation of the advance note, or that an owner or master would otherwise have for breach of contract.

(4) Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the shipping master shall report the matter to the Minister, and the Minister may direct that any of the seaman’s certificates of discharge shall be withheld for such period as he may think fit, and, while a seaman’s certificate of discharge is so withheld, the Minister, and any other person having the custody of the necessary documents, may, notwithstanding anything in this Act, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.

R.S., c. S-9, s. 192.

191. (1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made.

(2) Where the agreement with the crew is required to be made in a form approved by the Minister, the seaman may require that a stipulation be inserted in the agreement for the allotment by means of an allotment note, of any part, not exceeding one-half, of the seaman’s wages in favour either of a near relative or of a bank.

(3) Allotment notes shall be in a form approved by the Minister.

(4) For the purposes of the provisions of this Act with respect to allotment notes,

“bank” means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act;

“near relative” means one of the following persons, namely, the spouse, father, mother, grandfather, grandmother, child, grandchild, brother or sister of the seaman;

“savings bank”[Repealed, 1999, c. 28, s. 174]

(5) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement with the crew, inquire of the seaman whether he requires a stipulation for the allotment of his wages by means of an allotment note, and, if the seaman requires such a stipulation, shall insert the stipulation in the agreement with the crew, and the stipulation shall be deemed to have been agreed to by the master.

(6) A payment under an allotment note shall begin at the expiration of one month from the date of the agreement with the crew and shall be paid at the expiration of every subsequent month after the first month, and only in respect of wages earned before the date of payment.

R.S., 1985, c. S-9, s. 191; R.S., 1985, c. 31 (1st Supp.), s. 90; 1999, c. 28, s. 174.

192. (1) An allotment in favour of a bank shall be made in favour of the persons and carried into effect in the manner that may be prescribed by regulations of the Minister.

(2) The sum received by a bank in pursuance of an allotment may be paid out only on an application made, through a shipping master or the Minister, by the seaman or, in case of the seaman’s death, by some person to whom the seaman’s property may be paid under this Act.

R.S., 1985, c. S-9, s. 192; 1999, c. 28, s. 175.

193. (1) Where the balance of wages due to a seaman is more than fifty dollars, and a seaman expresses to the master of the ship a desire to have facilities afforded for remitting all or any part of the balance to a bank or to a near relative in whose favour an allotment note may be made, the master shall give to the seaman all reasonable facilities for so doing with respect to the portion of the balance that is in excess of fifty dollars, but is under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally on the seaman going to sea in the ship.

(2) If the master of a ship fails to comply with the provisions of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.

R.S., 1985, c. S-9, s. 193; 1999, c. 28, s. 176.

194. (1) The person in whose favour an allotment note under this Act is made may, unless the seaman is shown, in the manner specified in this Act, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted when they are payable, with costs, from the owner of the ship with respect to which the engagement was made, or from any agent of the owner who has authorized the allotment, in the same court and manner in which wages of seamen not exceeding two hundred and fifty dollars may be recovered under this Act.

(2) [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 91]

(3) In any proceedings for recovery on an allotment note, it is sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some authorized agent, and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court by

(a) the official statement of the change in the crew caused by his absence, made and signed by the master, as by this Act is required;

(b) a certified copy of some entry in the official log-book of the ship to the effect that he has left the ship;

(c) a credible letter from the master of the ship to the same effect; or

(d) such other evidence as the court in its absolute discretion considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.

(4) If a master wilfully makes a false statement in any credible letter intended for use in any proceeding on an allotment note for the recovery of a seaman’s wages, to the effect that a seaman has left his ship and has ceased to be entitled to the wages out of which any allotment is to be paid, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., 1985, c. S-9, s. 194; R.S., 1985, c. 31 (1st Supp.), s. 91.

195. A seaman’s right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever happens first.

R.S., c. S-9, s. 197.

196. (1) A seaman does not by any agreement forfeit his lien on the ship to which he belongs, nor is he deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and does not by any agreement abandon his right to wages in case of the loss of the ship, or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provision of this Act is void.

(2) Nothing in this section applies to a stipulation made by the seamen belonging to any ship that, according to the terms of the agreement, is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship.

R.S., c. S-9, s. 198.

197. (1) The right of wages does not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages, if the ship in which he has served had earned freight, is, subject to all other rules of law and conditions applicable to the case, entitled to demand and recover the wages, notwithstanding that freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores bars his claim for wages.

(2) Where a seaman or apprentice who would, but for death, be entitled by virtue of this section to demand and recover any wages dies before the wages are paid, they shall be paid and applied in the manner provided by this Act with respect to the wages of a seaman who dies during a voyage.

R.S., c. S-9, s. 199.

198. (1) Where the service of any seaman belonging to any foreign-going or home-trade Canadian ship terminates before the date contemplated in the agreement, by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to proceed on the voyage granted as mentioned in Part IV, the seaman is entitled to wages for the time of service prior to that termination but not for any further period.

(2) Where by reason of the loss or foundering of any ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he is entitled in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service to receive wages at the rate to which he was entitled at that date.

(3) A seaman is not entitled to receive wages under this section if the owner shows that the unemployment was not due to the loss or foundering of the ship and is not entitled to receive wages under this section in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.

(4) In subsections (2) and (3), “seaman” includes every person employed or engaged in any capacity on board a ship.

R.S., c. S-9, s. 200.

199. A seaman or apprentice is not entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of that work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.

R.S., c. S-9, s. 201.

200. Where a seaman is by reason of illness incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, he is not entitled to wages for the time during which he is by reason of the illness incapable of performing his duty.

R.S., c. S-9, s. 202.

201. Whenever in any proceeding relating to seamen’s wages it is shown that a seaman or apprentice has in the course of the voyage been convicted of an offence by a competent tribunal, and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman, not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.

R.S., c. S-9, s. 203.

202. Where a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage, or before one month’s wages are earned, without fault on his part justifying that discharge, and without his consent, he is entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge, not exceeding one month’s wages, and may recover that compensation as if it were wages duly earned.

R.S., c. S-9, s. 204.

203. (1) With respect to wages due or accruing to a seaman or apprentice, the following provisions apply:

(a) they are not subject to attachment or arrestment from any court, unless the attachment or arrestment is in respect of the garnishment or attachment of wages for the purpose of enforcing a support provision as defined in section 2 of the Family Orders and Agreements Enforcement Assistance Act;

(b) an assignment or sale thereof made prior to the accruing thereof does not bind the person making the same;

(c) a power of attorney or authority for the receipt thereof is not irrevocable; and

(d) a payment of wages to the seaman or apprentice is valid in law, notwithstanding any previous sale or assignment of those wages, or any attachment, encumbrance or arrestment thereof.

(2) Nothing in this section affects the provisions of this Act with respect to allotment notes.

R.S., 1985, c. S-9, s. 203; 1997, c. 1, s. 41.

204. Whenever the service of any seaman belonging to a Canadian ship terminates, by the mutual consent of the seaman and the master of the ship, at any port within or outside Canada before the date contemplated in any agreement with the seaman or with the crew of the ship, the seaman is entitled to be paid off before he leaves the ship and his wages are payable up to the time when he leaves the ship.

R.S., c. S-9, s. 206.

205. (1) A seaman or apprentice or a person duly authorized on his behalf may, as soon as any wages due to him not exceeding two hundred and fifty dollars become payable, sue for them, in a summary manner before any judge of the Court of Quebec or Superior Court of the Province of Quebec, any judge of the Superior Court of Justice in and for the Province of Ontario, any judge of the Supreme Court of Nova Scotia or British Columbia, any judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, any judge of the Court of Queen’s Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, any provincial court judge, or any two justices of the peace acting in or near the place at which his service has terminated, or at which he has been discharged, or at which any master or owner or other person on whom the claim is made is or resides, and the order made by the court in the matter is final.

(2) The judge, provincial court judge or justices to whom a complaint on oath is made by a seaman or apprentice, or on his behalf, may summon the master or owner or other person to appear before him or them to answer the complaint.

R.S., 1985, c. S-9, s. 205; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 19, c. 17, ss. 37, 47; 1992, c. 51, s. 62; 1998, c. 30, s. 12.

206. (1) On appearance of the master or owner or other person on whom a claim is made, the judge, provincial court judge or justices may examine on oath the parties and their respective witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.

(2) Where the master, owner or other person does not appear, then, on due proof of the master or owner or other person having been duly summoned, the judge, provincial court judge or justices may examine on oath the complainant and his witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.

R.S., 1985, c. S-9, s. 206; R.S., 1985, c. 27 (1st Supp.), s. 203.

207. (1) Where an order made pursuant to section 206 is not obeyed within twenty-four hours after the making thereof, the judge, provincial court judge or justices may issue a warrant to levy the amount of the wages awarded by distress and sale of the goods and chattels of the person on whom the order is made, together with all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, and all costs, charges and expenses incurred in connection with the distress and levy, and the enforcement of the order.

(2) Any surplus, after the amount of the wages awarded and all the costs, charges and expenses are deducted, shall be paid to the person on whom the order is made.

R.S., 1985, c. S-9, s. 207; R.S., 1985, c. 27 (1st Supp.), s. 203.

208. (1) Where sufficient distress cannot be found, the judge, provincial court judge or justices may cause the amount of the wages and costs, charges and expenses to be levied on the ship in respect of which the wages were earned, or on the tackle and apparel thereof.

(2) Where the ship is not within the jurisdiction of the judge, provincial court judge or justices, they may cause the person on whom the order for payment is made to be apprehended and committed to the common jail of the locality or, if there is no jail in the locality, to the jail that is nearest to the locality, for a term not exceeding three months and not less than one month.

R.S., 1985, c. S-9, s. 208; R.S., 1985, c. 27 (1st Supp.), s. 203.

209. (1) The Admiralty Court does not have jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages not exceeding two hundred and fifty dollars, except in the following cases:

(a) where the owner of the ship is insolvent within the meaning of the Bankruptcy and Insolvency Act;

(b) where the ship is under arrest or is sold by the authority of the Admiralty Court;

(c) where any judge, provincial court judge or justices, acting under the authority of this Act, refers the claim to the court; or

(d) where neither the owner nor the master is or resides within twenty miles of the place where the seaman or apprentice is discharged or put ashore.

(2) Subject to this Part, no other court in Canada has jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages in any amount.

R.S., 1985, c. S-9, s. 209; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992, c. 27, s. 90.

210. Where any suit for the recovery of a seaman’s wages is instituted against any ship or the master or owner thereof in the Admiralty Court, and it appears to the Court, in the course of the suit, that the plaintiff might have had as effectual a remedy for the recovery of his wages by complaint to a judge, provincial court judge or two justices of the peace under this Part, the judge shall certify to that effect, and thereupon no costs shall be awarded to the plaintiff.

R.S., 1985, c. S-9, s. 210; R.S., 1985, c. 27 (1st Supp.), s. 203.

211. (1) Where a seaman is engaged on a Canadian ship for a voyage or engagement that is to terminate in Canada, he is not entitled to sue in any court abroad for wages unless he is discharged with such sanction as is required by this Act and with the written consent of the master, or proves such ill-usage on the part or by authority of the master as to warrant reasonable apprehension of danger to his life if he were to remain on board.

(2) Where a seaman on his return to Canada proves that the master or owner has been guilty of any conduct or default that but for this section would have entitled the seaman to sue for wages before the termination of the voyage or engagement, he is entitled to recover in addition to his wages such compensation not exceeding one hundred dollars as the court hearing the case thinks reasonable.

R.S., c. S-9, s. 213.

212. (1) The master of a ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.

(2) The master of a ship, and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages.

(3) Where, in any proceeding in the Admiralty Court concerning the claim of a master in respect of wages or of the disbursements or liabilities described in subsection (2), any right of set-off or counterclaim is set up, the court may enter into and adjudicate on all questions, and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.

(4) In any action or other legal proceeding by the master of a ship for the recovery of any sum due to him on account of wages, the court may, if it appears to it that the payment of the sum due has been delayed otherwise than owing to the act or default of the master, or to any reasonable dispute respecting liability, or to any other cause not being the wrongful act or default of the person liable to make the payment, order that person to pay in addition to any sum due on account of wages, such sum as the court thinks just as damages in respect of the delay, without prejudice to any claim that may be made by the master on that account.

R.S., c. S-9, s. 214.

213. Where a proceeding is instituted in or before any court in relation to any dispute between the owner or master of a Canadian ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court if, having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the owner or master and the seaman or apprentice or any contract of apprenticeship, on such terms as the court thinks just, and this power is in addition to any other jurisdiction that the court may exercise independently of this section.

R.S., c. S-9, s. 215.

214. (1) Where a seaman or apprentice belonging to a British ship, whether a foreign-going or a home-trade ship, the voyage of which is to terminate in Canada, dies outside Canada during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or apprentice that are on board the ship.

(2) The master may, if he thinks fit, cause any of the effects to be sold by auction at the mast or otherwise by public auction.

(3) The master shall enter in the official log-book the following particulars:

(a) a statement of the amount of the money and a description of the effects;

(b) in case of a sale, a description of each article sold and the sum received for each; and

(c) a statement of the sum due to the deceased for wages and of the amount of deductions, if any, to be made from the wages.

(4) The entry shall be signed by the master and attested by a mate and some other member of the crew.

(5) The money, effects, proceeds of sale of effects and balance of wages described in this section are in this Act referred to as the property of the seaman or apprentice.

R.S., 1985, c. S-9, s. 214; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

215. (1) Where a seaman or apprentice described in subsection 214(1) dies and the ship before coming to a port in Canada touches and remains for forty-eight hours at a port outside Canada, the master shall report the death to the consular officer at that port or, if the port is in a Commonwealth country, to the Superintendent of a Mercantile Marine Office or the chief officer of customs there, and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage.

(2) The officer to whom a report is made pursuant to subsection (1) may, if he thinks it expedient, require the property of the deceased to be delivered and paid to him, and shall thereupon give to the master a receipt thereof, and endorse under his hand on the agreement with the crew such particulars with respect thereto as the Minister requires.

(3) The receipt shall be produced by the master to a shipping master within forty-eight hours after his arrival at his port of destination in Canada.

R.S., c. S-9, s. 217.

216. Where a seaman or apprentice described in subsection 214(1) dies and the ship proceeds at once to a port in Canada without touching and remaining at a port outside Canada, or the consular officer, superintendent or chief officer of customs does not require the delivery and payment of the property of the deceased to him, the master shall, within forty-eight hours after his arrival at his port of destination in Canada, deliver and pay the property to the shipping master at that port.

R.S., c. S-9, s. 217.

217. (1) Where a seaman or apprentice dies during the progress of the voyage or engagement, the master shall give to the superintendent or the chief officer of customs in a Commonwealth country, or to the consular officer abroad, or to the shipping master or officer to whom delivery and payment is made an account in such form as they respectively require of the property of the deceased.

(2) A deduction claimed by the master in an account given under subsection 215(1) shall not be allowed unless verified, if an official log-book is required to be kept, by an entry in that book made and attested as required by this Act, and also by such other vouchers, if any, as may reasonably be required by the chief officer of customs or consular officer or by the shipping master or officer to whom the account is given.

(3) A shipping master in Canada shall grant to a master, on due compliance with those provisions of this section and sections 215 and 216 that relate to acts to be done at the port of destination, a certificate to that effect, and an officer of customs shall not enter a sea-going ship inward without the production of that certificate.

R.S., c. S-9, s. 217.

218. (1) If the master of a ship fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, to making in the official log-book the proper entries relating thereto, to procuring the proper attestation of those entries as required by this Act or to the payment or delivery of the property, he is accountable for the property to the Minister, and shall pay and deliver the property accordingly, and in addition, the master is guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.

(2) Where any property of a deceased seaman or apprentice is not duly paid, delivered or accounted for by the master, the owner of the ship shall pay, deliver and account for the property, and it is recoverable from him accordingly, and if he fails to account for and deliver or pay the property, he is in addition to his liability for the property guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for, delivered or paid over or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.

(3) The property may be recovered in the same court and in the same manner in which the wages of seamen are recoverable under this Act.

R.S., c. S-9, s. 218.

219. Where any seaman or apprentice belonging to a Canadian ship the voyage of which is to terminate in Canada, or who has within six months preceding his death belonged to any such ship, dies at any place outside Canada leaving any money or effects not on board the ship to which he belonged at the time of his death or to which he last belonged before his death, the Superintendent of a Mercantile Marine Office or the chief officer of customs in a Commonwealth country, and in other cases the consular officer at or near the place, is authorized to claim and take charge of the money and effects, subject to performance of the provisions of this Part and with the rights thereby conferred, and the money and effects shall be deemed to be property of a deceased seaman or apprentice within the meaning of this Part.

R.S., c. S-9, s. 219.

220. (1) A Superintendent of a Mercantile Marine Office or a chief officer of customs in a Commonwealth country or a consular officer may, as he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Act, and the proceeds of the sale shall be deemed to form part of that property.

(2) Every officer referred to in subsection (1) shall quarterly, or at such times as the Minister requires, remit the property in such manner, and shall render such accounts in respect thereof, as the Minister may require.

R.S., c. S-9, s. 220.

221. (1) Where a seaman or apprentice is lost with the ship to which he belongs, the Minister may recover the wages due to him from the owner of the ship in the same court and in the same manner in which seamen’s wages are recoverable, and shall deal with those wages in the same manner as with the wages of other deceased seamen and apprentices under this Act.

(2) Where in any proceeding for the recovery of the wages it is shown by some official return produced out of the proper custody, or by other evidence, that the ship has twelve months or more before the institution of the proceeding left a port of departure, the ship shall, unless it is shown that it has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time the ship was last heard of, or at such later time as the court hearing the case may think probable.

(3) Any duplicate agreement or list of the crew made, or statement of a change of the crew delivered, under this Act at the time of the last departure of the ship from Canada, or a certificate purporting to be a certificate from a consular or other public officer at any port outside Canada, stating that certain seamen and apprentices were shipped in the ship from that port, is, if produced out of the proper custody, in the absence of proof to the contrary, sufficient proof that the seamen and apprentices therein named as belonging to the ship were on board at the time of the loss.

R.S., c. S-9, s. 221.

222. Where a seaman or apprentice dies in Canada and is at the time of his death entitled to claim from the master or owner of a ship in which he has served any effects or unpaid wages, the master or owner shall pay and deliver or account for that property to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged, or to the Minister or as the Minister directs.

R.S., c. S-9, s. 222.

223. (1) Where any property of a deceased seaman or apprentice on a Canadian ship or the proceeds thereof comes into the hands of any consular officer, superintendent or officer of customs under section 215, 219 or 220, that officer shall forward such property to the Minister.

(2) Where any property of a deceased master, seaman or apprentice comes into the hands of the Minister under this Act, the Minister, after deducting any expenses incurred in respect of that master, seaman or apprentice, or of his property, shall pay and deliver the residue to the executor, administrator or other personal representative of the deceased or, if there is no personal representative of the deceased, the Minister shall dispose of the residue in accordance with the law of the province in which the deceased was last resident for determining the distribution or succession of personal property of deceased persons or in accordance with the order of such court as has jurisdiction to determine the distribution or succession of the property of the deceased.

(3) Where the value of the property of a deceased master, seaman or apprentice does not exceed the sum of five hundred dollars, the Minister may, if the Minister thinks fit, pay or deliver the residue to any claimant who is proved to the Minister’s satisfaction to be the widow, widower or a child of the deceased or to be entitled to that property under the will, if any, of the deceased or under any law providing for the distribution or succession of personal property of deceased persons or otherwise.

(4) On making payment or delivery of the residue under this section, the Minister is discharged from all further liability in respect of the residue so paid or delivered.

R.S., 1985, c. S-9, s. 223; R.S., 1985, c. 31 (1st Supp.), s. 92.

224. Every person who, for the purpose of obtaining, either for himself or for any other person, any property of any deceased seaman or apprentice,

(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any document purporting to show or assist in showing any right to that property,

(b) makes use of any document that has been forged or fraudulently altered as described in paragraph (a),

(c) gives or assists in giving, or procures to be given, any false evidence, knowing the evidence to be false,

(d) makes or assists in making, or procures to be made, any false representation, knowing the representation to be false, or

(e) assists in procuring any false evidence or representation to be given or made, knowing the evidence or representation to be false,

is guilty of an indictable offence.

R.S., c. S-9, s. 224.

225. (1) Where three or more of the crew of a Canadian ship consider that the provisions or water for the use of the crew is at any time of bad quality, unfit for use or deficient in quantity, they may complain about it to any of the following officers, namely, an officer in command of one of Her Majesty’s ships, a consular officer, a shipping master or a chief officer of customs, and the officer may either examine the provisions or water complained of or cause it to be examined.

(2) Where the officer, or person making the examination, finds that the provisions or water is of bad quality and unfit for use, or deficient in quantity, he may signify it in writing to the master of the ship.

(3) The master of the ship shall enter a statement, which may be signed by the officer or person making the examination, of the result of the examination in the official log-book of the ship, and send a report thereof to the Minister, and that report is admissible in evidence in the manner provided by this Act.

(4) If the master and the officer or person making the examination certify in that statement that there was no reasonable ground for the complaint, each of the complainants is liable to forfeit to the owner out of his wages a sum not exceeding one week’s wages.

R.S., c. S-9, s. 225.

226. When, in the case of a Canadian ship that is in a Canadian port, the officer or person who has made an examination of the provisions or water for the use of the crew, as provided by this Act, has signified in writing to the master of the ship that he has found the provisions or water to be of bad quality and unfit for use, or deficient in quantity, if the master of the ship does not thereupon provide other proper provisions or water in lieu of any signified to be of bad quality and unfit for use, does not procure the requisite quantity of any provisions or water signified to be deficient in quantity, or uses any provisions or water signified to be of bad quality and unfit for use, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 226.

227. (1) Where

(a) during a voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, except in accordance with any regulations for reduction by way of punishment contained in the agreement with the crew, or for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore, or

(b) it is shown that any of those provisions are or have during the voyage been bad in quality and unfit for use,

the seaman shall receive, by way of compensation for that reduction or bad quality, according to the time of its continuance, the following sums to be paid to him in addition to, and to be recoverable as wages:

(c) if his allowance is reduced by not more than one-third of the quantity specified in the agreement, a sum not exceeding eight cents a day,

(d) if his allowance is reduced by more than one-third of that quantity, sixteen cents a day, or

(e) in respect of bad quality, a sum not exceeding twenty-four cents a day.

(2) Where it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration, and shall modify or refuse compensation as the justice of the case requires.

R.S., c. S-9, s. 227.

228. (1) The master of a Canadian ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served, and shall allow the weights and measures to be used at the time of serving the provisions and articles in the presence of a witness whenever any dispute arises about the quantities.

(2) If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.

R.S., c. S-9, s. 228.

229. and 230. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 23]

231. (1) The Governor in Council may make regulations respecting the crew accommodation to be provided in Canadian ships, and, without restricting the generality of the foregoing, may make regulations

(a) respecting the space and equipment to be provided for the sleeping rooms, wash rooms, mess rooms and galleys;

(b) providing for the protection of the crew against injury, condensation, heat, cold and noise on a ship;

(c) prescribing the water, heating, lighting, ventilation and sanitary facilities to be supplied on a ship; and

(d) respecting the inspection, measuring and marking of crew accommodations on a ship and its certification for the purpose of ascertaining register tonnage and prescribing the fees to be charged therefor.

(2) Every owner of a Canadian ship that contravenes any regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

R.S., S-9, s. 231.

232. (1) The Governor in Council may, subject to this Act, make such regulations as may appear to him to be necessary to give effect to the provisions of any of the following Conventions, and such regulations shall conform in all respects to the requirements of those Conventions:

(a) Medical Examination (Seafarers) Convention, 1946;

(b) Certification of Able Seamen Convention, 1946;

(c) Food and Catering (Ships’ Crews) Convention, 1946;

(d) Certification of Ships’ Cooks Convention, 1946; and

(e) Seafarers Identity Documents Convention, 1958.

(2) The Governor in Council may prescribe a fine not exceeding five hundred dollars or a term of imprisonment not exceeding six months or both, to be imposed on summary conviction, as a punishment for contravention of a regulation made under subsection (1).

R.S., 1985, c. S-9, s. 232; R.S., 1985, c. 6 (3rd Supp.), s. 24.

233. (1) Where a seaman or apprentice while on board ship states to the master of the ship his desire to make a complaint to a justice of the peace, consular officer or officer in command of one of Her Majesty’s ships or one of Her Majesty’s Canadian ships against the master or any of the crew, the master shall, as soon as the service of the ship will permit,

(a) if the ship is at a place where there is a justice or officer referred to in this subsection, after the statement, and

(b) if the ship is not at a place described in paragraph (a), after its first arrival at such a place,

allow the complainant to go ashore or send him ashore in proper custody, or, in the case of complaint to a naval officer, to the ship of that officer, so that he may make his complaint.

(2) If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.

R.S., c. S-9, s. 233.

234. Subject to this Act, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof does not bind the person making the assignment or sale, and a power of attorney or authority for the receipt of any salvage is not irrevocable.

R.S., c. S-9, s. 234.

235. and 236. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 25]

237. (1) No person other than an owner, agent of an owner, consignee of the ship or cargo, a person in the employment of any of them, an officer or person in Her Majesty’s service or employment, or a harbour master, deputy harbour master, health officer, customs officer, pilot, shipping master or deputy shipping master shall, without the permission or against the orders of the master or person in charge of the ship, go on board any ship.

(2) Any person, other than a person excepted by subsection (1), who goes on board a ship without the permission or against the orders of the master or person in charge of the ship is guilty of an offence and liable,

(a) if unarmed at the time, to imprisonment for a term of not more than three years and not less than six months; and

(b) if armed at the time with, or carrying about his person, any pistol, gun or other firearm or offensive weapon, to imprisonment for any term of not more than five years and not less than two years.

(3) The master or person in charge of the ship may take any person so offending into custody and deliver him up forthwith to any constable or peace officer, to be taken before any judge of the Court of Quebec or Superior Court of the Province of Quebec, judge of the Superior Court of Justice in and for the Province of Ontario, judge of the Supreme Court of Nova Scotia or British Columbia, judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, judge of the Court of Queen’s Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, or provincial court judge, to be dealt with according to this Part.

R.S., 1985, c. S-9, s. 237; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 20, c. 17, ss. 38, 47; 1992, c. 51, s. 63; 1998, c. 30, s. 12.

238. Every person is guilty of an offence and, without prejudice to the right of recovery from him of any amount payable by him as fare, liable to a fine not exceeding ten dollars, who

(a) being drunk or disorderly, has been on that account refused admission to board a steamship by the owner or any person in his employment, and persists in attempting to board the steamship;

(b) being drunk or disorderly on board a steamship, is requested by the owner or any person in his employment to leave the steamship at any place in Canada that is a reasonably convenient place to leave the steamship, and does not comply with that request;

(c) after warning by the master or other officer of the steamship, molests or continues to molest any passenger;

(d) after having been refused admission to board a steamship by the owner or any person in his employment on account of the steamship being full, and having had the amount of his fare, if he has paid it, returned or tendered to him, persists in attempting to board the steamship; or

(e) without reasonable excuse, proof whereof lies on him, fails, when requested by the master or other officer of a steamship, either to pay his fare or exhibit a ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on steamships.

R.S., c. S-9, s. 238.

239. Every person on board a steamship who, without reasonable excuse, proof whereof lies on him, does or causes to be done, anything in such manner as to obstruct or injure any part of the machinery or tackle of the steamship, or to obstruct, impede or molest the crew, or any of them in the navigation or management of the steamship or otherwise in the execution of their duty on or about the steamship, is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 239.

240. (1) The master or other officer of any steamship, and all persons called by him to his assistance, may detain any offender under any of the provisions of sections 238 and 239, whose name and address are unknown to that master or officer, and may convey the offender with all convenient dispatch before any justice or justices of the peace, and any offender conveyed before any justice or justices under this section shall be dealt with as if arrested, and brought before them on his or their warrant under the provisions of the Criminal Code relating to summary convictions.

(2) Any justice of the peace has jurisdiction under sections 238 and 239, either in the place where the offence was committed or, if committed while the steamship is under way, in the place where it next stops.

R.S., c. S-9, s. 240.