241. A master, seaman or apprentice belonging to a Canadian ship who, by wilful breach of duty, by neglect of duty or by reason of drunkenness,

(a) does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship, or

(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life or limb,

is guilty of an indictable offence.

R.S., c. S-9, s. 241.

242. (1) A seaman or apprentice belonging to a Canadian ship who deserts the ship is guilty of the offence of desertion and liable on summary conviction to a fine not exceeding two thousand dollars.

(2) A seaman or apprentice belonging to a Canadian ship who

(a) neglects or refuses without reasonable cause to join the ship or to proceed to sea in the ship,

(b) is absent without leave at any time within twenty-four hours of the sailing of the ship from a port, either at the commencement or during the progress of a voyage, or

(c) is absent at any time without leave and without sufficient reason from the ship or from his duty, is, if the offence

does not amount to desertion or is not treated as such by the master, guilty of the offence of absence without leave and liable to forfeit out of his wages a sum not exceeding two days pay and in addition, for every twenty-four hours of absence, either a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute.

(3) A seaman is not guilty of an offence under this section by reason only of his taking part in a lawful strike after his ship and cargo have been placed in security to the satisfaction of the harbour master or the master of the ship where no harbour master is available, at the terminal port in Canada of the voyage in which the ship is engaged.

R.S., 1985, c. S-9, s. 242; R.S., 1985, c. 6 (3rd Supp.), s. 26.

243. to 246. [Repealed, 1992, c. 1, s. 146]

247. (1) Where a seaman or an apprentice commits any of the following offences in respect of a Canadian ship, in this Act referred to as “offences against discipline”, he is liable, on summary conviction, to be punished as follows:

(a) if he quits the ship without leave after the ship’s arrival at the port of delivery and before the ship is placed in security, he is liable to forfeit out of his wages a sum not exceeding one month’s pay;

(b) if he is guilty of wilful disobedience to any lawful command, he is liable to imprisonment for a period not exceeding one month and, at the discretion of the court, to forfeit out of his wages a sum not exceeding two days pay;

(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he is liable to imprisonment for a period not exceeding three months and, at the discretion of the court, to forfeit for every twenty-four hours continuance of that disobedience or neglect, a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute;

(d) if he assaults the master or any mate or certificated engineer of the ship, he is liable to imprisonment for a period not exceeding three months;

(e) if he combines with any of the crew to disobey lawful commands to neglect duty or to impede the navigation of the ship or the progress of the voyage, he is liable to imprisonment for a period not exceeding three months;

(f) if he wilfully damages the ship or steals or wilfully damages any of the ship’s stores or cargo, he is liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for a period not exceeding three months;

(g) if he is convicted of any act of smuggling, whereby loss or damage is occasioned to the master or owner of the ship, he is liable to pay to that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy; and

(h) if he aids or procures a person to stow away on the ship, for which that person is afterwards convicted, he is liable to imprisonment for a period not exceeding six months and to pay to the master or owner of the ship a sum sufficient to reimburse any expenses occasioned to that master or owner in respect of that stowaway, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.

(2) Where a seaman is sentenced to a term of imprisonment under subsection (1), the court may discharge the seaman from his ship.

R.S., 1985, c. S-9, s. 247; R.S., 1985, c. 6 (3rd Supp.), ss. 27, 87(F).

248. Nothing in section 247, or in the sections relating to the offences of desertion or absence without leave, takes away or limits any remedy by action or by summary procedure before justices that an owner or master would but for those provisions have for any breach of contract in respect of the matters constituting an offence under those provisions, but an owner or master shall not be compensated more than once in respect of the same damage.

R.S., c. S-9, s. 248.

249. (1) A seaman who, on or before being engaged, wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship, or wilfully and fraudulently makes a false statement of his own name, is guilty of an offence and liable to a fine not exceeding twenty-five dollars.

(2) The fine imposed under subsection (1) may be deducted from any wages the seaman may earn by virtue of his engagement, and shall, subject to reimbursement of the loss and expenses, if any, occasioned by any desertion prior to the engagement, be paid and applied in the same manner as other fines under this Act.

R.S., c. S-9, s. 249.

250. (1) Where any offence, within the meaning of this Act, of desertion or absence without leave or against discipline is committed, or where any act of misconduct is committed for which the offender’s agreement imposes a fine and it is intended to enforce the fine,

(a) an entry of the offence or act shall be made in the official log-book of the ship, and signed by the master and by the mate or one of the crew;

(b) the offender, if on board the ship, shall before the next arrival of the ship at any port, or, if the ship is at the time in port, before its departure therefrom, either be furnished with a copy of the entry or have it read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit; and

(c) a statement of a copy of the entry having been so furnished, or of the entry having been so read over, and, in either case, the reply, if any, made by the offender, shall be entered in the official log-book and signed in the manner referred to in paragraph (a).

(2) In any subsequent legal proceeding, the entries required by this section shall, if practicable, be produced or proved, and in default of that production or proof, the court hearing the case may, in its discretion, refuse to receive evidence of the offence or act of misconduct.

R.S., 1985, c. S-9, s. 250; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

251. (1) In every case of desertion from a ship in any port out of Canada, the master shall produce the entry of the desertion in the official log-book of the ship to the person by this Act authorized to grant certificates for leaving seamen behind abroad, and request that person to make and certify a copy of the entry.

(2) The copy shall be forthwith transmitted by the master to the Minister, and is admissible in evidence in the manner provided by this Act.

R.S., c. S-9, s. 251.

252. A shipping master shall keep at his or her office a list of the seamen who, to the best of his or her knowledge and belief, have deserted or failed to join their ships after signing an agreement to proceed to sea in them, and shall on request show the list to a master of a ship, but the shipping master is not liable in respect of any entry made in good faith in the list.

R.S., 1985, c. S-9, s. 252; 1999, c. 31, s. 191(E).

253. (1) Whenever a question arises as to whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it is sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement, or, if the voyage was to terminate in Canada and the ship has not returned, that he is absent from the ship, and that an entry of his desertion has been duly made in the official log-book of the ship.

(2) The desertion shall thereupon, in so far as it relates to any forfeiture of wages under this Part, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge, or can otherwise show to the satisfaction of the court before which the case is heard that he had sufficient reasons for leaving his ship.

R.S., c. S-9, s. 253.

254. (1) Where any wages or effects of a seaman or apprentice are under this Act forfeited for desertion from a ship, those effects may be converted into money, and those wages and effects, or the money arising from the conversion of the effects, shall be applied toward reimbursing the expenses caused to the master or owner of the ship by the deserter, and the remainder, if any, shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.

(2) For the purpose of the reimbursement described in subsection (1), the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if they had not been forfeited, and a court in any legal proceeding relating to those wages may order them to be paid accordingly.

(3) Where wages are forfeited under this Act in any case other than for desertion, the forfeiture shall, in the absence of any specific provision to the contrary, be for the benefit of the master or owner by whom the wages are payable.

(4) Where any effects of a seaman or apprentice who has deserted a ship and has been entered as a deserter in the official log-book of the ship come into the hands of a shipping master, the effects may be sold or otherwise disposed of as the shipping master may see fit, and, if sold, the proceeds of the sale after deducting the expenses thereof shall be applied as provided in subsection (1).

R.S., c. S-9, s. 254.

255. Any question concerning the forfeiture of or deductions from the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.

R.S., c. S-9, s. 255.

256. Where a seaman contracts for wages by the voyage, by the run or by the share, and not by the month or other stated period of time, the amount of forfeiture to be incurred under this Act shall be an amount bearing the same proportion to the whole wages or share, as a month or any other period hereinbefore mentioned in fixing the amount of the forfeiture, as the case may be, bears to the whole time spent in the voyage or run, and if the whole time spent in the voyage or run does not exceed the period for which the pay is to be forfeited, the forfeiture shall extend to the whole wages or share.

R.S., c. S-9, s. 256.

257. (1) A person who stows away on a Canadian ship is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years.

(2) Every seafaring person whom the master of a ship is, under the authority of this or any other Act, compelled to take on board and convey, and every person who stows away on a Canadian ship, shall, as long as he remains on board the ship, be deemed to belong to the ship, and be subject to the same laws and regulations for preserving discipline, and to the same fines and punishments for offences constituting or tending to a breach of discipline, as if he were a member of, and had signed the agreement with, the crew.

R.S., 1985, c. S-9, s. 257; R.S., 1985, c. 6 (3rd Supp.), s. 28.

258. (1) Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted as follows:

(a) if the offender is discharged in Canada, and the offence, and the entry in the log-book of the ship required by this Act in respect thereof, are proved to the satisfaction, in the case of a foreign-going ship, of the shipping master before whom the offender is discharged, and in the case of a home-trade ship, of the shipping master at the port at which the crew are discharged, the master or owner shall deduct the fine from the wages of the offender; and

(b) if the offender is discharged abroad, and the offence is proved to the satisfaction of the proper authority by whose sanction the offender is discharged, the fine shall be deducted as described in paragraph (a) and an entry made in the official log-book of the ship and signed by the authority to whose satisfaction the offence is proved.

(2) Every fine deducted under subsection (1) shall be paid to the shipping master if the offender is discharged in Canada, or, if the offender is discharged abroad, to the proper authority, who will remit any amounts received under this section at such times and in such manner, and render such accounts in respect thereof, as the Minister shall request.

(3) Every master or owner who fails without reasonable cause to pay any fine as required by this section is guilty of an offence and liable to a fine not exceeding six times the amount of the fine not so paid.

(4) An act of misconduct for which any fine has been inflicted and paid by or deducted from the wages of the seaman shall not be otherwise punished under this Act.

R.S., c. S-9, s. 258.

259. (1) Every person who persuades or attempts to persuade a seaman or apprentice belonging to any ship unlawfully to neglect or refuse to join or proceed to sea in or to desert the ship, or otherwise to absent himself from his duty, is guilty of an offence and liable, for the first offence, to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding six months, and for any subsequent offence to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding nine months.

(2) Every person who wilfully harbours or secretes a seaman or apprentice belonging to a ship who has wilfully neglected or refused to join or has deserted the ship, knowing or having reason to believe the seaman or apprentice to have done so, is guilty of an offence and liable, for every seaman or apprentice so harboured or secreted, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months, and for any subsequent offence to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding twelve months.

(3) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 29]

R.S., 1985, c. S-9, s. 259; R.S., 1985, c. 6 (3rd Supp.), s. 29.

260. Any justice of the peace at any port or place in Canada, on complaint before him on oath that any seaman or apprentice is concealed or secreted in any dwelling-house or outhouse, or on board any ship or elsewhere, shall grant a warrant, under his hand and seal, addressed to a constable or constables at that port or place, commanding him or them to make diligent and immediate search, in or about that dwelling-house or outhouse, or on board that ship, or in such other place or places as are specified in the warrant and to bring before him every seaman or apprentice found concealed, whether named in the warrant or not.

R.S., c. S-9, s. 260.

261. (1) An official log shall be kept in every foreign-going ship and every home-trade ship of or over fifty tons register tonnage registered in Canada in the appropriate form for that ship approved by the Minister.

(2) The Minister shall approve forms of official log-books, which may be different for different classes of ships, so that each such form shall contain proper spaces for the entries required by this Act.

(3) The official log of a ship may, at the discretion of the master or owner, be kept distinct from, or united with, the ordinary ship’s log, so that in all cases the spaces in the official log-book will be duly filled up.

(4) An entry required by this Act in an official log-book shall be made as soon as possible after the occurrence to which it relates, and if not made on the same day as that occurrence shall be made and dated so as to show the date of the occurrence and of the entry respecting it, and if made in respect of an occurrence happening before the arrival of the ship at its final port of discharge shall not be made more than twenty-four hours after that arrival.

(5) Every entry in the official log-book shall be signed by the master, and by the mate or some other member of the crew, and also,

(a) if it is an entry of illness, injury or death, by the surgeon or medical practitioner on board, if any;

(b) if it is an entry of wages due to, or of the sale of the effects of, a seaman or apprentice who dies, by the mate and by some member of the crew besides the master; and

(c) if it is an entry of wages due to a seaman who enters Her Majesty’s naval service, by the seaman, or by the officer authorized to receive the seaman into that service.

(6) Every entry made in an official log-book in the manner provided by this Act is admissible in evidence.

R.S., 1985, c. S-9, s. 261; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

262. The master of a ship for which an official log is required shall enter or cause to be entered in the official log-book the following matters:

(a) every conviction by a legal tribunal of a member of the crew and the punishment inflicted;

(b) every offence committed by a member of the crew for which it is intended to prosecute, to enforce a forfeiture or to exact a fine, together with such statement concerning the copy or reading over of that entry, and concerning the reply, if any, made to the charge, as required by this Act;

(c) every offence for which punishment is inflicted on board and the punishment inflicted;

(d) a statement of the conduct, character and qualifications of each member of the crew or a statement that he declines to give an opinion on those particulars;

(e) every case of illness or injury happening to a member of the crew, with the nature thereof, and the medical treatment adopted, if any;

(f) every birth of a child and death of a person happening on board the ship, and the particulars required by Schedule II;

(g) every marriage taking place on board the ship with the name and ages of the parties;

(h) the name of every seaman or apprentice who ceases to be a member of the crew, otherwise than by death, with the place, time, manner and cause thereof;

(i) the wages due to any seaman who enters Her Majesty’s naval service during the voyage;

(j) the wages due to any seaman or apprentice who dies during a voyage, and the gross amount of all deductions to be made therefrom;

(k) the sale of the effects of any seaman or apprentice who dies during a voyage, including a statement of each article sold and the sum received for it;

(l) every collision with any other ship and the circumstances under which the collision occurred;

(m) the date and time of posting up in the ship of a notice containing particulars of the ship’s draught and freeboard; and

(n) any other matter directed by this Act to be entered.

R.S., c. S-9, s. 262.

263. In addition to the entries in the official log-book required by section 262, the masters of all Canadian ships that are engaged in international voyages shall enter or cause to be entered in that book the following matters:

(a) the positions of the deck line and load line;

(b) a record of boat and fire drills and examination of life-saving appliances and fire-extinguishing equipment;

(c) a record of practices of opening and closing watertight doors;

(d) a record of the time of opening and closing watertight doors; and

(e) a daily record of radio conditions and of the state of the ship’s radio equipment.

R.S., 1985, c. S-9, s. 263; R.S., 1985, c. 6 (3rd Supp.), ss. 30, 87(F).

264. (1) The master of every foreign-going Canadian ship shall, within forty-eight hours after the ship’s arrival at its final port of destination in Canada or on the discharge of the crew, whichever first happens, deliver the ship’s official log-book of the voyage to the shipping master before whom the crew is discharged.

(2) The master or owner of every home-trade Canadian ship for which an official log is required to be kept shall, within twenty-one days after June 30 and December 31 in every year, transmit or deliver the official log-book for the preceding half year to a shipping master in Canada.

(3) If the master or owner of a ship fails without reasonable cause to comply with this section he is subject to the same consequences and liabilities to which he is subject for the non-delivery of the list of the crew required to be delivered under this Part.

R.S., c. S-9, s. 264.

265. (1) Where, by reason of transfer of ownership or change of employment of a Canadian ship, the official log ceases to be required in respect of the ship or to be required at the same date, the master or owner of the ship shall, if the ship is then in Canada, within one month, and if it is elsewhere, within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log-book of the ship, if any, duly made out to the time of the cessation.

(2) Where a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping master at the port to which the ship belonged the official log-book, if any, duly made out to the time of the loss or abandonment.

(3) If the master or owner of a 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. 265.

266. (1) Where an official log-book of a ship is not kept in the manner required by this Act, or if an entry directed by this Act to be made therein is not made at the time and in the manner directed by this Act, the master is guilty of an offence and liable to a fine not exceeding twenty-five dollars.

(2) Every person who makes, procures to be made or assists in making any entry in an official log-book in respect of any occurrence at a time prior to the arrival of the ship at its final port of discharge more than twenty-four hours after that arrival, is guilty of an offence and liable to a fine not exceeding one hundred and fifty dollars.

(3) Every person who wilfully destroys or mutilates or renders illegible any entry in an official log-book of a ship, or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log-book, is guilty of an indictable offence.

R.S., c. S-9, s. 266.

267. The master

(a) of a foreign-going British ship registered in any Commonwealth country whose crew is discharged in Canada, and

(b) of a home-trade ship,

shall make out and sign a list, in this Act referred to as the “list of the crew”, in a form approved by the Minister and containing the following particulars:

(c) the number and date of the ship’s register and its register tonnage,

(d) the length and general nature of its voyage or employment,

(e) the names, ages and places of birth of all the crew, including the master and apprentices, their ratings on board, their last ships or other employments and the dates and places of their joining the ship,

(f) the names of any members of the crew who have ceased to belong to the ship, with the times, places, causes and circumstances thereof,

(g) the names of any members of the crew who have been maimed or hurt, with the time, place, cause and circumstances thereof,

(h) the wages due at the time of death to any members of the crew who have died,

(i) the property belonging to any members of the crew who have died, with a statement of the manner in which it has been dealt with, and the money for which any part of it has been sold, and

(j) any marriage that takes place on board, with the date thereof, and the names and ages of the parties.

R.S., c. S-9, s. 267.

268. (1) The list of the crew

(a) in the case of a foreign-going ship, shall be delivered by the master within forty-eight hours after the arrival of the ship at its final port of destination in Canada, or on the discharge of the crew, whichever first happens, to the shipping master before whom the crew is discharged, and

(b) in the case of a home-trade ship, shall be delivered or transmitted by the master or owner to a shipping master in Canada on or within twenty-one days after June 30 and December 31 in each year,

and the shipping master shall give to the master or owner a certificate of that delivery or transmission, and the ship may be detained until the certificate is produced, and an officer of customs shall not clear inward any foreign-going ship until the certificate is produced.

(2) If the master in the case of a foreign-going ship, or the master or owner in the case of a home-trade ship, fails without reasonable cause to deliver or transmit the list of the crew as required by this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.

R.S., c. S-9, s. 267.

269. (1) Where by reason of the transfer of ownership or change of employment of a ship the list of the crew ceases to be required in respect of the ship, or to be required at the same date, the master or owner of the ship shall, if the ship is in Canada, within one month, and, if it is elsewhere, within six months, after that cessation deliver or transmit to the shipping master at the port to which the ship belonged the list of the crew, duly made up to the time of the cessation.

(2) Where a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping master at the port to which the ship belonged the list of the crew, duly made up to the time of the loss or abandonment.

(3) If the master or owner of a 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. 268.

270. (1) Whenever a Canadian ship arrives at a port in a Commonwealth country or at a port elsewhere at which there is a consular officer, and remains there for forty-eight hours, the master shall, within forty-eight hours after the ship’s arrival, deliver to the chief officer of customs or to the consular officer, as the case may be, the agreement with the crew, and also all indentures and assignments of apprenticeships, or such of those documents as the ship carries.

(2) The officer to whom the documents referred to in subsection (1) are delivered shall keep them during the ship’s stay in the port and on the application of the master or a person on his behalf shall return the documents to him within a reasonable time prior to the expected time of departure of the ship, with a certificate endorsed on the agreement with the crew indicating the times each of the documents was delivered to him and returned by him.

(3) Where it appears to the officer to whom the documents referred to in subsection (1) are delivered that this Act has been contravened, the officer shall make an endorsement to that effect on the agreement with the crew and forthwith shall send to the Minister a copy of the endorsement with all the information in his possession relating to the alleged contravention.

(4) A master to whom this section applies who, without reasonable cause, fails to comply with this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

(5) In a prosecution under this section against a master, the burden of proof that this section has not been contravened is on the master.

(6) This section does not apply to United States ports on the Great Lakes or St. Lawrence River.

R.S., c. S-9, s. 269.

271. (1) The master of every Canadian ship on its arrival at a port in Canada, or at such other time and place as the Governor in Council may by regulation or otherwise, with respect to any ship or class of ships, direct, shall deliver or transmit in such form as the Minister directs, a return of the facts recorded by him in respect of the birth of a child or the death of a person on board the ship, to the chief officer of customs if in Canada and to the Superintendent of a Mercantile Marine Office or chief officer of customs if in any other Commonwealth country and to a consular officer if elsewhere.

(2) The officers of customs, Superintendent of a Mercantile Marine Office or consular officer shall send a certified copy of the return relating to births and deaths on board a ship to the Minister who shall cause the information contained therein to be sent to the government of the province where the port of registry of the ship is located.

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

R.S., c. S-9, s. 270.

272. (1) Where, during the progress of a voyage, the master of any Canadian ship is removed or superseded, or, for any other reason, quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the certificate of registry and the various documents that relate to the navigation of the ship and to the crew thereof and that are in his custody, and his successor shall immediately on assuming the command of the ship enter in the log-book of the ship a list of the documents so delivered to him.

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

R.S., c. S-9, s. 271.

273. (1) Subject to this section, no person under fifteen years of age shall be employed in any vessel.

(2) This section does not apply to a vessel in which only members of one family are employed.

(2.1) Subsection (1) does not apply to special purpose personnel on board a special purpose ship.

(3) No person under eighteen years of age shall be employed or work as a trimmer or stoker in any vessel except

(a) in a school ship or training ship where the work is of a kind approved by the Minister, and is carried on subject to such supervision as the Minister may approve; or

(b) in a vessel that is mainly propelled otherwise than by means of steam.

(4) Where in any port a trimmer or stoker is required for any vessel and no person of or over the age of eighteen years is available to fill the place, a person over the age of sixteen years may be employed as trimmer or stoker, but in any such case two persons over the age of sixteen years shall be employed to do the work that would otherwise have been performed by one person of or over the age of eighteen years.

(5) There shall be included in every agreement with the crew a short summary of subsections (3) and (4).

(6) No person under eighteen years of age shall be employed in any capacity in any vessel unless there has been delivered to the master of the vessel a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.

(7) A shipping master or consular officer may on the ground of urgency authorize a person under eighteen years of age to be employed on board a vessel notwithstanding that a certificate granted under subsection (6) has not been delivered to the master of the vessel, but the person in whose case an authorization is given under this subsection shall not be employed beyond the first port at which the vessel calls after that person has embarked thereon, unless subsection (6) has been complied with.

(8) A certificate granted under subsection (6) remains in force for a period of twelve months from the date on which it is granted, and no longer, but if the period of twelve months expires at some time during the course of the voyage of the vessel in which the person under eighteen years of age is employed, the certificate remains in force until the end of the voyage.

(9) There shall be included in every agreement with the crew of a sea-going Canadian ship entered into under this Act a list of the persons under eighteen years of age who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no agreement with the crew the master of the ship shall, if persons under eighteen years of age are employed thereon, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or ceased to be members of the crew, and the register so kept shall at all times be open to inspection.

(10) Every person who contravenes this section is guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.

R.S., 1985, c. S-9, s. 273; 1998, c. 16, s. 4.

274. If the master of any ship attempts to take the ship from any port in Canada without previous compliance on his part with all the requirements of this Part, he is guilty of an offence and liable to a fine not exceeding two hundred dollars.

R.S., c. S-9, s. 273.

275. Where in any matter relating to a ship or to a person belonging to a ship there appears to be a conflict of laws, if there is in this Part any provision on the subject that is hereby expressly made to extend to that ship, the case shall be governed by that provision, but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered.

R.S., c. S-9, s. 274.

276. Records of service of seamen shall be kept in the Department and the Minister may establish a scale of fees to be charged for copies of such records, which fees shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.

R.S., c. S-9, s. 275.

277. All shipping masters and all officers of customs shall take charge of all documents that are delivered or transmitted to or retained by them in pursuance of this Act, and shall transmit them to the Minister who shall record and preserve them, and the documents are admissible in evidence and shall be open to the inspection of any person.

R.S., c. S-9, s. 276.