480. (1) The Minister may appoint a chief officer of customs, any officer of the Government of Canada or any other person to make preliminary inquiries respecting shipping casualties, and may define the territorial jurisdiction of that officer or person, and the persons so appointed shall make a preliminary inquiry respecting a shipping casualty wherever so directed by the Minister, subject to the Canadian Transportation Accident Investigation and Safety Board Act.

(2) Where, on a preliminary inquiry respecting a shipping casualty, the officer or person holding the inquiry is of the opinion that any loss or damage, or the stranding of any ship, or any loss of life has been caused by the wrongful act or default or by the incapacity of the pilot in charge, or that the pilot has been guilty of any gross act of misconduct or drunkenness, the licence of the pilot may be suspended by that officer or person until a formal investigation under this Part has been held and a further decision rendered on the case.

(3) The term of suspension shall not exceed a period of three days, unless the Minister notifies the pilot within that time that a formal investigation will be held.

R.S., 1985, c. S-9, s. 480; 1989, c. 3, s. 55.

481. Subject to section 481.1, every officer or person referred to in section 480 may, for the purpose of holding a preliminary inquiry respecting a shipping casualty,

(a) go on board any vessel or wreck and inspect it or any part thereof, or any of the machinery, boats, equipments, lading or articles on board thereof, the boarding or inspection of which appears to him to be requisite for the purpose of the inquiry, not unnecessarily detaining the vessel from proceeding on any voyage;

(b) enter and inspect any premises, the entry and inspection of which appear to him requisite for the purpose of the inquiry;

(c) require by summons under his hand the attendance of all such persons as he thinks fit to call before him and examine for the purpose of the inquiry, and require answers or returns to any inquiries he thinks fit to make;

(d) require and enforce the production of all books, papers or documents that he considers important for the purpose of the inquiry; and

(e) administer oaths, or, in lieu of requiring and administering an oath, require every person examined by him to make and subscribe a solemn affirmation or declaration of the truth of the statement made by him in his examination.

R.S., 1985, c. S-9, s. 481; R.S., 1985, c. 31 (1st Supp.), s. 22.

481.1 (1) Where any vessel or premises referred to in section 481 is a dwelling-house, an officer or person referred to in section 480 may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2).

(2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that entry to a dwelling-house is requisite for the purpose of an inquiry, and

(b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the officer or person referred to in section 480 named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

(3) In executing a warrant issued under subsection (2), the officer or person referred to in section 480 named therein shall not use force unless the officer or person is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

R.S., 1985, c. 31 (1st Supp.), s. 23.

482. On the conclusion of any inquiry, the officer or person who made the inquiry shall send to the Minister a report containing a full statement of the case, and of his opinion thereon, accompanied by such report of or extracts from the evidence and such observations as he thinks fit.

R.S., c. S-9, s. 547.

483. (1) The Minister may appoint any officer of the Government of Canada, any judge of any court of record, any deputy judge of the Federal Court or any provincial court judge to be a commissioner to hold formal investigations, or any formal investigation in respect of any shipping casualty, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and a commissioner shall for that purpose be a court.

(2) Where the Minister considers any shipping casualty to be of extreme gravity and special importance, the Minister may appoint two or more fit persons to be commissioners to hold a formal investigation, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and the commissioners so appointed are for that purpose a court and that court shall, in addition to its judgment, make a full and detailed report to the Minister on the circumstances of the case, and may make such recommendations as may in its opinion be proper.

(3) The Minister shall not direct the holding of a formal investigation in respect of any shipping casualty occurring to or in respect of a ship registered in any Commonwealth country other than Canada except at the request, or with the consent, of the government of that country in which the ship is registered.

(4) Subsection (3) does not apply in the case of a shipping casualty that occurs on or near the coast of Canada or in respect of a ship wholly engaged in the coasting trade of Canada.

R.S., 1985, c. S-9, s. 483; 1989, c. 3, s. 56.

484. An investigation into a shipping casualty shall not be held under this Part into any matter that has once been the subject of an investigation or inquiry and has been reported on by a competent court or tribunal in any Commonwealth country, or with respect to which the certificate of a master, mate, pilot or engineer has been cancelled or suspended by a naval court.

R.S., 1985, c. S-9, s. 484; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

485. A court appointed pursuant to section 483 is authorized to hold a formal investigation if the investigation is ordered by the Minister in the following cases:

(a) a shipping casualty;

(b) where a master, mate, pilot or engineer has been charged with incompetency, misconduct or default while serving on board any British ship in Canadian waters or in the course of a voyage to a port in Canada;

(c) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving as an officer on board a Canadian ship;

(d) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving on board a British ship is found in Canada;

(e) where, in the case of a collision, the master or certificated officer or pilot in charge of a vessel fails, without reasonable cause,

(i) to render to the other vessel, its master, crew and passengers, such assistance as is practicable and necessary to save them from any danger caused by the collision,

(ii) to stay by the vessel until he has ascertained that the vessel has no need of further assistance, and

(iii) to give to the master or person in charge of the other vessel the name of his own vessel, the port to which he belongs and the names of the ports from which he comes and to which he is bound; and

(f) where the Minister believes on reasonable grounds that any master, mate, pilot or engineer is from any cause unfit to discharge or incapable of discharging his duties.

R.S., 1985, c. S-9, s. 485; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

486. It is not necessary to hold a preliminary inquiry before a formal investigation is held.

R.S., c. S-9, s. 551.

487. (1) The Minister may appoint one or more assessors of nautical, engineering or other special skill or knowledge for the purpose of assisting courts appointed pursuant to section 483 in holding formal investigations into shipping casualties, and the appointments shall be in force for three years.

(2) An assessor is eligible for re-appointment, and the Minister may at any time cancel the appointment of an assessor.

(3) There shall be paid to every assessor the expenses properly incurred by him in the performance of his duties and such fees for services as are determined by the Minister.

R.S., c. S-9, s. 552.

488. (1) A court holding a formal investigation into a shipping casualty shall hold it with two or more assessors to be selected for that purpose by the Minister.

(2) The assessors selected under subsection (1) shall have nautical, engineering or special skill in the matter to be inquired into.

R.S., c. S-9, s. 553.

489. Every commissioner and assessor, before entering on his duties, shall take and subscribe the following oath:

I, ..........., do swear (or solemnly affirm) that I will perform the duties of commissioner (or assessor) under the Canada Shipping Act, and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God.

R.S., c. S-9, s. 554.

490. Formal investigations shall be held in a town hall, county court house or public building, or in some other suitable place to be determined by the court.

R.S., c. S-9, s. 555.

491. (1) A court holding a formal investigation under this Part has the power of summoning before it any person and of requiring him to give evidence on oath, either orally or in writing, and to produce such documents and things as the court deems requisite to the full investigation of the matters into which it is appointed to examine, and it has the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of justice in civil cases.

(2) The proceedings of the court shall be assimilated as far as possible to those of the ordinary courts of justice, with the like publicity.

(3) If any person summoned by the court and paid or tendered his proper expenses of attendance does not, without reasonable cause, obey the summons, or having attended, refuses to give evidence or to produce such documents and things as the court deems requisite, he is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding forty dollars.

R.S., c. S-9, s. 556.

492. (1) Every witness attending at a preliminary inquiry or at a formal investigation under this Part shall be allowed such fees and expenses as would be allowed to any witness attending on subpoena to give evidence before the Federal Court.

(2) In case of any dispute with respect to the amount of expenses, the dispute shall be referred by the officer or person holding the inquiry to the nearest prothonotary, clerk, master or other taxing officer of any court of record within the jurisdiction of which the attendance is required, who, on a request made to him for that purpose under the hand of that officer or person, shall ascertain and certify the proper amount of those expenses.

R.S., c. S-9, s. 557; R.S., c. 10(2nd Supp.), s. 64.

493. (1) The certificate of a master, mate or engineer, or the licence of a pilot, may be cancelled or suspended

(a) by a court holding a formal investigation into a shipping casualty under this Part, or by a naval court constituted under this Act, if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default, but the court shall not cancel or suspend a certificate unless at least one of the assessors concurs in the finding of the court;

(b) by a court holding an inquiry under Part II or under this Part into the conduct of a master, mate or engineer, if it finds that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under Part IX; or

(c) by any naval or other court where under the powers given by this Part, the holder of the certificate is superseded or removed by that court.

(2) The provisions of this Part relating to the manner in which the certificates of a master, mate or engineer shall be dealt with extend, in so far as they are applicable, to pilots’ licences, which are subject to cancellation or suspension in the same manner as those certificates are subject to cancellation or suspension under this Part.

(3) The court may, instead of cancelling or suspending the licence of a pilot, penalize that pilot in any sum of not more than four hundred dollars and not less than fifty dollars, and may make an order for the payment of the penalty by instalments or otherwise, as it deems expedient.

(4) Any penalty incurred under this section may be recovered in the name of Her Majesty in a summary manner with costs under the provisions of the Criminal Code relating to summary convictions.

(5) Where any case before a court described in subsection (1) involves a question with respect to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court its decision with respect to the cancelling or suspending of the certificate.

(6) The court shall in all cases send a full report on the case with the evidence to the Minister, and, if it determines to cancel or suspend any certificate, send the cancelled or suspended certificate to the Minister with its report.

(7) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate.

(8) Each assessor who does not concur in and sign the finding of the court shall state in writing his dissent therefrom and the reasons for that dissent.

R.S., 1985, c. S-9, s. 493; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

494. Any court holding a formal investigation under this Part may cancel or suspend a certificate of competency or service granted by another Commonwealth country in so far only as concerns its validity within Canada.

R.S., c. S-9, s. 559.

495. (1) Any court holding a formal investigation under this Part may make such order as it thinks fit respecting the costs of an investigation, the re-hearing thereof or any part of an investigation or re-hearing, and the order shall be enforced by the court as an order for costs under the provisions of the Criminal Code relating to summary convictions.

(2) The Minister may, if in any case he thinks fit to do so, pay the costs of any inquiry or formal investigation.

R.S., c. S-9, s. 560.

496. (1) A court holding a formal investigation under this Part may at any time, either during or after the investigation, call on any master, mate, pilot or engineer to deliver his certificate or licence to the court.

(2) Any master, mate, pilot or engineer who fails, without reasonable cause, to deliver his certificate to the court when called on by the court is guilty of an offence and liable to a fine not exceeding two hundred dollars.

R.S., 1985, c. S-9, s. 496; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

497. A court that has held a formal investigation under this Part shall, on application being made therefor, furnish free of charge to any master, mate, pilot or engineer whose certificate has been cancelled or suspended, or to his agent, a copy of the judgment of the court.

R.S., 1985, c. S-9, s. 497; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

498. A court that has held a formal investigation under this Part shall in all cases send the judgment in the case with the evidence to the Minister and if it determines to cancel or suspend any certificate, and the certificate has been delivered to the court, the certificate shall also be sent to the Minister.

R.S., 1985, c. S-9, s. 498; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

499. The Minister shall, if the certificate or licence referred to in section 498

(a) has been issued in Canada, retain it; or

(b) has been issued in any Commonwealth country other than Canada, send it, together with a full report on the case and a copy of the evidence, to the government of that country.

R.S., 1985, c. S-9, s. 499; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

500. Where a certificate of competency or service granted in Canada has been cancelled or suspended by any court holding a formal investigation into any shipping casualty in any other Commonwealth country, the Minister may adopt and carry out that cancellation or suspension and demand the delivery up to him of that certificate of competency or service.

R.S., c. S-9, s. 565.

501. (1) In any case where a formal investigation has been held, the Minister may order the investigation to be re-heard, either generally or with respect to any part thereof, and he shall so order

(a) if new and important evidence that could not be produced at the investigation has been discovered; or

(b) if, for any other reason, there has been in his opinion ground for suspecting that a miscarriage of justice has occurred.

(2) The Minister may order the case to be re-heard by the court by which the case was heard in the first instance, or may appoint another commissioner and select the same or other assessors to re-hear the case.

(3) Where on any investigation a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate or engineer, or the licence of a pilot, and an application for a re-hearing under this section has not been made or has been refused, an appeal lies from the decision to the Admiralty Court.

(4) Any re-hearing or appeal under this section is subject to and is to be conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part.

(5) No proceeding or judgment of a court in or on any formal investigation shall be quashed or set aside for any want of form or removed by certiorari or otherwise into any court, and no writ of prohibition shall issue to any court constituted under this Act in respect of any proceeding or judgment in or on any formal investigation.

R.S., 1985, c. S-9, s. 501; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

502. The Minister shall not order a re-hearing in Canada in connection with a shipping casualty in respect of which a formal investigation has been held in any other Commonwealth country.

R.S., c. S-9, s. 567.

503. The Governor in Council may make rules for carrying into effect the enactments relating to preliminary inquiries and formal investigations and to the re-hearing of or appeal from any formal investigation, and, with respect to the appointment and summoning of assessors, the procedure, the parties, the persons allowed to appear and the notice to the parties or to persons affected.

R.S., c. S-9, s. 568.

504. (1) The Minister may cause an inquiry to be held if the Minister believes on reasonable grounds that any master, mate or engineer

(a) is unfit to discharge their duties because of incompetency or misconduct;

(b) has failed to render any assistance or give any information that is required under sections 568 and 569; or

(c) while on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act, had knowledge of the contravention at the time it occurred.

(2) The Minister may either himself appoint a person to hold the inquiry or may direct the inquiry to be held before a judge of the Admiralty Court.

(3) Where the inquiry is held by a person appointed by the Minister, that person

(a) shall hold the inquiry with the assistance of a competent legal assistant appointed by the Minister;

(b) has all the powers of a steamship inspector under this Act;

(c) shall give any master, mate or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon him to appear;

(d) may make such order with regard to the costs of the inquiry as he thinks just; and

(e) shall send a report on the case to the Minister.

(4) Where the inquiry is held by a judge of the Admiralty Court, the inquiry shall be conducted and the results reported in the same manner, and the court has the like powers, as in the case of a formal investigation into a shipping casualty under this Part.

R.S., 1985, c. S-9, s. 504; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1999, c. 19, s. 15.

505. Where on any inquiry held pursuant to section 504 the Minister is satisfied

(a) that any master, mate or engineer is incompetent or has been guilty of any act of misconduct, drunkenness or tyranny,

(a.1) that any master, mate or engineer on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act knew, at the time that the contravention occurred, that the vessel was committing the contravention,

(b) that the loss or abandonment of or serious damage to any ship or any loss of life was caused by the wrongful act or default of any master, mate or engineer,

(c) that any master, mate or engineer has been guilty of a criminal offence or has been blamed by any coroner’s inquest in respect of the death of any person, or

(d) that the master or mate, in cases of collision between his vessel and another vessel, has failed without reasonable cause to comply with the requirements of section 568 with regard to rendering assistance or to giving information,

he may, with respect to either a certificate granted in Canada or a certificate granted in any other Commonwealth country in so far only as concerns its validity in Canada, suspend or cancel the certificate of competency or service of the master or mate or the certificate of the engineer.

R.S., 1985, c. S-9, s. 505; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1999, c. 19, s. 16.

506. A court, in this Act called a “naval court”, may be summoned by any officer in command of any ship belonging to Her Majesty, on any foreign station, or, in the absence of such an officer, by any consular officer, in the following cases:

(a) whenever a complaint that appears to that officer to require immediate investigation is made to him by the master of any Canadian ship, by a certified mate or by any one or more of the seamen belonging to the ship;

(b) whenever the interest of the owner of any Canadian ship or of the cargo thereof appears to that officer to require it; and

(c) whenever any Canadian ship is wrecked, abandoned or otherwise lost at or near the place where that officer may be, or whenever the crew or part of the crew of a Canadian ship that has been wrecked, abandoned or lost abroad arrive at that place.

R.S., 1985, c. S-9, s. 506; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

507. (1) Whenever a naval court is summoned pursuant to section 506 to sit at a place in a Commonwealth country other than in Canada or on board a ship belonging to Her Majesty in right other than in right of Canada, the court is hereby authorized to proceed, with relation to Canadian ships and with relation to their owners, masters, mates, engineers and crews, in all respects according to the law of the place in which or the ship on board which the court is sitting, and that law shall, when so applied to Canadian ships and their owners, masters, mates, engineers and crews, bind them as if it were the law of Canada.

(2) A naval court that is summoned to sit pursuant to section 506 may proceed pursuant to sections 508 to 515 which, with section 506, apply in any event to all naval courts summoned to sit on board any ship belonging to Her Majesty in right of Canada.

R.S., 1985, c. S-9, s. 507; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

508. (1) A naval court shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of Her Majesty in right of any Commonwealth country not below the rank of lieutenant, one a consular officer and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty in that right, masters of British merchant ships or British merchants, and the court may include the officer that summons the court, but shall not include the master or consignee of the ship to which the parties complaining or complained against belong.

(2) The naval or consular officer in the court, if there is only one such officer, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of the court.

R.S., c. S-9, s. 572.

509. (1) A naval court shall hear the complaint or other matter brought before it under this Act, or investigate the cause of the wreck, abandonment or loss of any ship, and shall do so in such manner as to give every person against whom any complaint or charge is made an opportunity of making a defence.

(2) A naval court may, for the purpose of the hearing and investigation, administer oaths, summon parties and witnesses, and compel their attendance and the production of documents.

R.S., c. S-9, s. 573.

510. (1) Every naval court may, after hearing and investigating a case, exercise the following powers:

(a) the court may, if unanimous that the safety of the ship or crew or the interest of the owner absolutely requires it, remove the master and appoint another person to act in his stead, but no such appointment shall be made without the consent of the consignee of the ship if the consignee is at the place where the case is heard;

(b) the court may, in cases in which it is authorized by this Act and subject to this Act, cancel or suspend the certificate of any master, mate or engineer;

(c) the court may discharge a seaman from his ship;

(d) the court may order the wages of a seaman so discharged or any part of those wages to be forfeited, and may direct the wages either to be retained by way of compensation to the owner or to be paid to the Minister to form part of the Consolidated Revenue Fund in the same manner as fines under this Act;

(e) the court may decide any questions with respect to wages, fines or forfeitures arising between any of the parties to the proceedings;

(f) the court may direct that all or any of the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance while so imprisoned, shall be paid out of and deducted from the wages of that seaman or apprentice, whether then or subsequently earned;

(g) the court may exercise the same powers with regard to persons charged before it with the commission of offences at sea or abroad as consular officers may exercise under section 615;

(h) the court may punish any master of a ship or any of the crew of a ship respecting whose conduct a complaint is brought before it for any offence under this Act that, when committed by that master or member of the crew, is punishable on summary conviction, and has for that purpose the same powers as a court of summary jurisdiction would have if the case were tried in Canada, but

(i) where an offender is sentenced to imprisonment, the senior naval or consular officer present at the place where the court is held shall in writing confirm the sentence and approve the place of imprisonment, whether on land or on board ship, as a proper place for the purpose, and

(ii) copies of all sentences passed by any naval court summoned to hear the complaint shall be sent to the commander-in-chief or senior naval officer of the station;

(i) the court may, if it appears expedient, order a survey of any ship that is the subject of investigation to be made, and the survey shall accordingly be made in the same way, and the surveyor who makes the survey has the same powers, as if the survey had been directed by a competent court pursuant to section 391; and

(j) the court may order the costs of the proceedings before them, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby, and any costs or compensation so ordered to be paid shall be paid by that person accordingly, and may be recovered in the same manner in which the wages of the seamen are recoverable, or may, if the case admits, be deducted from the wages due to that person.

(2) All orders duly made by a naval court under the powers hereby given to it are, in any subsequent legal proceedings, conclusive with respect to the rights of the parties.

(3) All orders made by any naval court shall, whenever practicable, be entered in the official log-book of the ship to which the parties to the proceedings before the court belong, and shall be signed by the president of the court.

R.S., 1985, c. S-9, s. 510; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

511. (1) Every naval court shall, in respect of any Canadian ship, make a report to the Minister containing the following particulars:

(a) a statement of the proceedings of the court, together with the order made by the court, and a report of the evidence;

(b) an account of the wages of any seaman or apprentice who is discharged from his ship by the court; and

(c) if summoned to inquire into a case of wreck or abandonment, a statement of the opinion of the court respecting the cause of that wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require.

(2) Every report shall be signed by the president of the court, and is admissible in evidence in the manner provided by this Act.

R.S., c. S-9, s. 575.

512. Every person who wilfully and without due cause prevents or obstructs the making of any complaint to an officer empowered to summon a naval court, or the conduct of any hearing or investigation by any naval court, is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any period not exceeding three months.

R.S., 1985, c. S-9, s. 512; R.S., 1985, c. 6 (3rd Supp.), s. 63.

513. (1) Sections 506 to 512 apply to all sea-going Canadian ships with the exception of fishing boats exclusively employed in fishing on the coasts of Canada when those ships are out of the jurisdiction of the Government of Canada and, where they apply to a ship, apply to the owners, master and crew of that ship.

(2) For the purposes of sections 506 to 512, an unregistered ship owned by a British subject domiciled in Canada shall be deemed to have been registered in Canada.

R.S., c. S-9, s. 577.

514. (1) The powers of a naval court under section 510 include the power to send to Canada an offender sentenced by the court to punishment for the purpose of being there imprisoned, and the court may take the same steps, and for the purpose has the same powers, with respect to the orders that may be given to masters of ships, as a consular officer has for the purpose of sending an offender for trial under section 615 and subsections (2), (3), (5) and (6) of that section apply with such modifications as the circumstances require.

(2) Any master of a ship to whose charge an offender is committed under this section shall, on his ship’s arrival in Canada, give the offender into the custody of a police officer or constable, and the offender shall be dealt with as if he had been convicted and sentenced to imprisonment by a court of competent jurisdiction in Canada.

R.S., c. S-9, s. 578.

515. (1) Any person aggrieved by an order of a naval court ordering the forfeiture of wages, or by a decision of a naval court on a question respecting wages, fines or forfeitures, may appeal to the Admiralty Court, in such manner and subject to such conditions and provisions as may be provided by the rules of that Court, and on an appeal the Court may confirm, quash or vary the order or decision appealed against as it thinks just.

(2) Subsection 510(2) does not have effect with respect to any order of a naval court that is quashed on an appeal under this section and, where an order of a naval court is varied on appeal, applies as if the order as so varied were the order originally made by the naval court.

R.S., c. S-9, s. 579.

516. (1) In Canada, the Admiralty Court, and elsewhere in the Commonwealth countries any court having admiralty jurisdiction, may remove the master of any Canadian ship while within the jurisdiction of that court, if that removal is shown to the satisfaction of the court by evidence on oath to be necessary.

(2) The removal may be made on the application of any owner of the ship or his agent, of the consignee of the ship, of any certificated mate or of one-third or more of the crew of the ship.

(3) The court may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within the jurisdiction of the court, an appointment under this subsection shall not be made without the consent of that owner, agent or consignee.

(4) The court may make such order and require such security in respect of the costs of the matter as the court thinks fit.

R.S., 1985, c. S-9, s. 516; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

517. All lighthouses, lightships, floating and other lights, lanterns and other signals, buoys and beacons, radio aids to marine navigation, anchors and landmarks acquired, constructed, repaired, maintained, improved, erected, placed or laid down for the greater security and facility of navigation at the expense of any province before it became a part of Canada, or at the expense of the Government of Canada, together with all buildings and other works belonging thereto and in connection therewith, are vested in Her Majesty, and are under the direct control and management of the Minister.

R.S., c. S-9, s. 581.

518. There may be appointed in the manner authorized by law such keepers, superintendents and other officers as are necessary for the purposes of this Part.

R.S., c. S-9, s. 582.

519. The Governor in Council may make regulations

(a) for the maintenance of buoys, beacons, anchors and marks vested in Her Majesty;

(b) for the proper lighting and keeping of lighthouses, lightships, floating and other lights, lanterns and other signals and aids to navigation;

(c) for the government of Sable Island and St. Paul Island, for defining the duties of the resident keepers thereon, for administering relief to shipwrecked persons and their removal, for preserving and removing shipwrecked property, for preventing persons not authorized by the Minister from taking up residence thereon and for the general management of the islands; and

(d) prescribing the fines for any contravention of such regulations, but no fine shall exceed two hundred dollars.

R.S., c. S-9, s. 583.

520. The Minister may give to any person a licence that authorizes that person to reside on Sable Island or St. Paul Island, which licence shall describe the person in whose favour it is so issued.

R.S., c. S-9, s. 584.

521. The superintendent, a resident keeper, any officer of the Department or any other person acting under the authority of the Minister may apprehend any person residing on Sable Island or St. Paul Island, having voluntarily gone there for any purpose whatever without a licence from the Minister, and bring the person and all property found in his possession to Halifax, and any provincial court judge or two justices of the peace, on proof that the person was so found, may commit him to the common jail for not more than six months, and further thereafter, until he gives security for his future good behaviour.

R.S., 1985, c. S-9, s. 521; R.S., 1985, c. 27 (1st Supp.), s. 203.

522. Whatever property is found on Sable Island or St. Paul Island belonging to an offender referred to in section 521 may be sold by order of the provincial court judge or justices, and the proceeds thereof shall be applied to pay the expense of the removal of the offender and goods, and the residue, if any, returned to the owner, but any such property not sold by order of the provincial court judge or justices shall be deemed to be wreck and shall be dealt with as provided by Part VI.

R.S., 1985, c. S-9, s. 522; R.S., 1985, c. 27 (1st Supp.), s. 203.

523. When vessels or goods are stranded on Sable Island or St. Paul Island, or on any of the bars or coasts thereof, and those vessels or goods or any part thereof are saved by the superintendent, by any other officer of the Department or by any person under the authority of the Minister, those vessels or goods may be taken in charge by the superintendent or keeper, and unless the Minister otherwise directs, may be sent to Halifax, to be disposed of under the direction of the Minister, for the benefit of the owners, after payment of such salvage as the Minister directs to the establishment of Sable Island or St. Paul Island, as the case may be, and all other expenses incurred with respect to those vessels or goods.

R.S., c. S-9, s. 587.

524. (1) All goods saved as described in section 523 shall be held to be in possession of the Minister, and shall not, on any pretence, be taken out of the custody of the superintendent or keeper, or of any persons employed by either of them, except by order of the Minister, nor until payment of the salvage and expenses.

(2) The goods referred to in subsection (1) are liable to customs duties.

R.S., c. S-9, s. 588.

525. Subject to section 521, in all proceedings in any court, Sable Island shall be held to be within the County of Halifax and St. Paul Island to be within the County of Victoria, in the Province of Nova Scotia, and any person charged with committing any offence on those Islands, or on the shores, banks or bars thereof, may be proceeded against and tried as if those Islands were actually within those counties respectively.

R.S., c. S-9, s. 589.