629. (1) Where it is claimed that any sum is due to any person from the owners of a ship for work done at any place in any province by that person in connection with the stowing or discharging of cargoes on board or from that ship, or the trimming of coal on board that ship, and that ship is at any time found in Canadian waters, the Admiralty Court may, on being shown by any person applying in accordance with rules of court that, in the absence of evidence to the contrary, the claim against the owners is a good claim, issue an order for the arrest of the ship.

(2) An order under this Part shall be directed to a marshal of the court, an officer of customs or some other officer named in the order, and shall require him to detain the ship until

(a) satisfaction has been made by the owners, agent, master or consignee thereof in respect of the claim, or

(b) security to be approved by the court has been given by them or him to abide the event of any action, suit or other legal proceeding that may be instituted in respect of the claim, and to pay all costs and damages that may be awarded thereon,

and where an order is made under subsection (1), the officer to whom the order is directed shall detain the ship accordingly.

(3) In any legal proceedings in relation to any claim referred to in subsection (1), the person giving security shall be made defendant and shall be stated to be the owner of the ship in respect of which the work giving rise to the claim was done, and the production of the order of the judge, made in relation to the security, is conclusive evidence of the liability of the defendant to the proceedings.

(4) Where a complaint is made to the Minister that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from Canadian waters, the ship shall, if the Minister so directs, be detained for such time as will allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer is not liable for any costs or damages in respect of the detention if made in accordance with the directions of the Minister.

(5) Section 614 applies to the detention of a ship under this Part as it applies to the detention of a ship under Part XII.

(6) Where the owner of a ship is a corporation, the owner shall, for the purposes of this section, be deemed to reside in the province where the application is made if the corporation has an office in that province at which service of writs can be effected.

(7) Where a ship has been demised to charterers, this section applies to claims against the charterers of the ship as it applies to claims against the owners of a ship, with the substitution of charterers for owners, but no ship shall be detained on a claim against the charterers of the ship after the expiration of the term for which the ship was demised to them.

(8) Nothing in this section affects the power of any person to enforce any claim to which this Part applies otherwise than in accordance with this Part.

(9) Any person having a claim to which this Part applies may, if he so desires, instead of proceeding under the provisions of this Part, institute proceedings in Admiralty for enforcing the claim in accordance with the ordinary rules of practice of the Admiralty Court, and that Court, if proceedings are so instituted, has the same jurisdiction for the purpose of enforcing the claim as if the claim were a claim for necessaries supplied to the ship.

R.S., c. S-9, s. 702; R.S., c. 10(2nd Supp.), s. 65.

630. (1) Where any commissioned officer of any ship belonging to Her Majesty on full pay, any chief officer of customs in any Commonwealth country or any shipping master has any reason to suspect that the provisions of this Act, or any law for the time being in force relating to shipping or navigation is not complied with, that officer or shipping master may

(a) require the owner, master or any of the crew of any Canadian ship to produce any official log-books or other documents relating to the crew or any member thereof in their respective possession or control;

(b) require the master of any Canadian ship to produce a list of all persons on board the ship, and take copies of the official log-books or documents, or of any part thereof;

(c) muster the crew of any ship; and

(d) summon the master to appear and give any explanation concerning the ship or its crew or the official log-books or documents produced or required to be produced.

(2) If any person, on being duly required by an officer authorized under this section, fails without reasonable cause to produce to that officer any official log-book or document that he is required to produce under this section, refuses to allow the official log-book or document to be inspected or copied, impedes any muster of the crew required under this section, refuses or neglects to give any explanation that he is required under this section to give or knowingly misleads or deceives any officer authorized under this section to demand any such explanation, that person is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 703.

631. (1) No article to which this section applies shall

(a) be discharged at any port or place in any territory designated by the Governor in Council for the purposes of this section or within the territorial waters adjacent to the territory from a Canadian ship, or

(b) be transhipped on the high seas from a Canadian ship into any vessel bound for any such port or place,

and no such article consigned to or destined for any such port or place shall be taken on board or carried in a Canadian ship.

(2) The Governor in Council may by regulation

(a) designate any territory or territories in which there is a state of war or armed conflict, civil or otherwise, in respect of which this section shall apply;

(b) prescribe the time or times during which this section shall apply;

(c) exempt in the case of any territory designated pursuant to paragraph (a) any article or class of articles referred to in subsection (3) from the application of this section; and

(d) provide otherwise for the carrying out of the intent of this section.

(3) Subject to subsection (2), the articles to which this section applies are arms, ammunition, implements or munitions of war, military stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof, or provisions or any sort of victual that may be used as food by man or beast.

(4) If any article is discharged or transhipped from, or taken on board or carried in, any ship in contravention of this section, the owner, charterer or master of the ship is, if he is privy to the contravention, guilty of an indictable offence.

(5) Where any articles are taken on board or carried in any ship in contravention of this section, the Admiralty Court, or, in any other Commonwealth country, any court exercising jurisdiction under subsection 639(2), may declare those articles and any packages or receptacles in which they are contained to be, and they shall thereupon be, forfeited and when forfeited shall be disposed of as the court directs.

(6) Any officer mentioned in section 630, any consular officer or an officer as defined for the purposes of the provisions of the Customs Act that relate to preventive measures, who has reason to suspect that a ship is contravening or has contravened this section has, without prejudice to the powers conferred by that section, the following powers:

(a) he may go on board the ship and for that purpose may detain the ship or require it to stop or to proceed to some convenient place;

(b) he may require the master to produce any documents relating to any cargo that is being carried or has been carried on the ship;

(c) he may search the ship, examine the cargo and require the master or any member of the crew to open any package or parcel that he suspects contains any articles to which this section applies;

(d) he may make any other examination or inquiry that he deems necessary to ascertain whether this section is being or has been contravened; and

(e) if it appears to him that this section is being or has been contravened, he may, without summons, warrant or other process, take the ship and its cargo and its master and crew to the nearest or most convenient port in Canada or in any other Commonwealth country in order that the alleged contravention may be adjudicated on by a competent court.

(7) If any ship duly required under subsection (6) to stop or to proceed to some convenient place fails to comply with that requirement, the master of the ship is guilty of an indictable offence, and if a master or any other person fails to do any other thing duly required of him under that subsection or obstructs any officer in the exercise of his powers under that subsection, he is guilty of an offence and liable to a fine not exceeding five hundred dollars.

R.S., 1985, c. S-9, s. 631; R.S., 1985, c. 1 (2nd Supp.), s. 213.

632. (1) The provisions of Part I except sections 94 to 101, Parts V and VI, Part IX except section 581, and Parts XI to XIV apply to air cushion vehicles used in navigation, and wherever in those Parts vessels, ships or steamships are referred to, those references shall be construed as including air cushion vehicles used in navigation.

(2) The Governor in Council may make regulations

(a) providing for the licensing of persons acting as members of the crew or employed in connection with the maintenance and repair of air cushion vehicles used in navigation, and for the suspension and revocation of those licences;

(b) prescribing standards of fitness for air cushion vehicles used in navigation and prohibiting or restricting the use of those vehicles that do not meet the standards prescribed;

(c) providing for the safety of persons and property in air cushion vehicles used in navigation and for preventing those vehicles from endangering other persons and property;

(d) providing for the measurement of the tonnage of air cushion vehicles for the purposes of this Act;

(e) excluding air cushion vehicles used in navigation from the operation, in whole or in part, of any of the provisions of this Act that are by subsection (1) made applicable to them and re-applying, in whole or in part, any of those provisions; and

(f) generally, to control and regulate air cushion vehicles used in navigation, including the prohibition of the navigation of those vehicles over such waters and for such times as may be prescribed.

(3) Every person who contravenes any regulation made under this section is guilty of an offence punishable on summary conviction.

R.S., 1985, c. S-9, s. 632; 1992, c. 31, s. 27.

633. Where the Governor in Council is satisfied that British ships registered in a Commonwealth country outside Canada, or ships registered in a port of a territory over which Her Majesty exercises jurisdiction, are required by the law of that Commonwealth country or the law in force in that territory to comply with any provisions that are substantially the same as, or equally effective with, any provisions of this Act that apply to those ships if they are within a port of Canada, the Governor in Council may direct that any of those provisions of this Act do not apply to any ship registered in that Commonwealth country or in that territory while within a port in Canada, if it is proved that the ship complies with the corresponding provisions of the law of the Commonwealth country or territory in which the ship is registered.

R.S., c. S-9, s. 706.

634. Where the Governor in Council is satisfied that

(a) ships of a foreign country are required by the law of that country to comply with any provisions that are substantially the same as, or equally effective with, any provisions of this Act that apply to foreign ships while they are within a port of Canada, and

(b) that country has made or has undertaken to make provisions for the exemption of Canadian ships, while they are within a port of that country, from the corresponding requirement of the law of that country,

the Governor in Council may direct that any of those provisions of this Act do not apply to any ship of that country while within a port of Canada, if it is proved that the ship complies with the corresponding provisions of the law of that country applicable to that ship.

R.S., c. S-9, s. 707.

635. Where any foreign ship is detained under this Act and any proceedings are taken under this Act against the master or owner of the ship, notice shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and the notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

R.S., c. S-9, s. 708.

636. The oath of the master of any foreign merchant ship, or of any officer or person employed on board the ship, or on board any other ship of the same country that, to the best of his belief and understanding, any seaman or other person is bound to serve on board that ship, according to the law of the country to which that ship belongs, or of the place where the seaman or other person was hired, is evidence that he is legally bound to serve on board that ship within the meaning of this Part, although he has not regularly entered into or signed articles of agreement, and is not bound by articles of indenture in the manner required by law with regard to seamen and others engaged or bound to serve on board Canadian ships.

R.S., c. S-9, s. 709.

637. No judge, provincial court judge or justice of the peace shall

(a) entertain or act on any complaint or information under this Part by or against any person belonging to or connected with any foreign merchant ship, who is not a subject of Her Majesty, or

(b) exercise jurisdiction under this Part over or at the instance of any such person,

without the consent of both parties to the complaint or information, or the consent in writing of the consul, vice-consul or commercial or other duly accredited agent of the country to which the ship belongs, unless the parties to the complaint or information are subjects or citizens of a country in respect of which, by the terms of treaties in force between Her Majesty and the government of that country, it is stipulated that the assistance of Canadian courts and magistrates shall be granted to the subjects or citizens of that country, or unless one of the parties is a subject or citizen of that country and the other is a subject of Her Majesty.

R.S., 1985, c. S-9, s. 637; R.S., 1985, c. 27 (1st Supp.), s. 203; 1998, c. 16, s. 22.

638. Where it has been made to appear to the Governor in Council that the government of any foreign country desires that any of the provisions of this Act that do not apply to the ships of that country should so apply, and there are no special provisions in this Act for that application, the Governor in Council may order that any of those provisions specified in the order shall, subject to any limitations contained therein, apply to the ships of that country and to the owners, masters, seamen and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were Canadian ships.

R.S., c. S-9, s. 711.

639. (1) Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to ships registered in that country while they are in Canada or before or after they have been in Canada or while they are at sea, with relation to any matter touching or concerning those ships, their owners, masters or crews, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, officer of customs, shipping master or other officer or functionary in or of Canada may or shall execute any request, exercise any right or authority or perform any duty or act with relation to those ships, their owners, masters or crews, that court, officer or functionary in or of Canada may and shall execute the request, have the right or authority and perform the duty or act as if the enactment were by this Act enacted.

(2) Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to Canadian ships while they are in that country, before or after they have been in that country or while they are at sea, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, consular officer, officer of customs, superintendent or other officer or functionary in or of that country may or shall, with relation to Canadian ships, their owners, masters and crews, execute any request, exercise any right or authority or perform any duty or act that this Act makes or purports to make, confer, impose or direct to be done, of, on or by that court, officer or functionary, then all things done by it or him, in form pursuant to any provision of this Act that can be related to the enactment of the other Commonwealth country, shall be deemed to have been done by force of that enactment.

(3) While every provision of this Act that permits, authorizes, requires or directs any courts, officers, registrars, superintendents or functionaries described in subsection (2) is permissive merely, all things done by them pursuant to this Act shall be deemed to have been validly done for all the purposes of this Act.

R.S., c. S-9, s. 712.

640. In this Act, references to a ship constructed before or after any date shall be construed as references to a ship the keel of which has been laid before or after that date, as the case may be.

R.S., c. S-9, s. 713.

641. [Repealed, 1998, c. 16, s. 16]

642. (1) Where by this Act any notice, authority, order, direction or other communication is required or authorized to be given or made by the Minister to any person not being an officer of the Department, it shall be given or made in writing.

(2) Where any notice or demand is by this Act required or authorized to be transmitted or sent, it may be transmitted or sent by registered post.

R.S., c. S-9, s. 715.

643. All documents purporting to be made, issued or written by or under the direction of the Minister, or, in the case of a certificate, to be signed by one of the officers of the Department, are admissible in evidence in the manner provided by this Act.

R.S., c. S-9, s. 716.

644. (1) Subject to any special provisions of this Act, the Minister may prepare, or cause to be prepared, and sanction forms for any book, instrument or paper required under this Act, and may make such alterations in those forms as he thinks fit.

(2) The Minister shall cause every such form to be marked with some distinguishing mark, and before finally issuing any form or making any alteration in a form shall cause public notice thereof to be given in such manner as the Minister thinks requisite in order to prevent inconvenience.

(3) The Minister shall cause all forms to be supplied at all custom-houses and shipping offices in Canada, free of charge, or at such moderate prices as the Minister may fix, or he may license any persons to print and sell the forms.

(4) Every person who prints, sells or uses any document purporting to be a form approved by the Minister, knowing that it is not a form that has been approved for the time being or prepared or issued under the sanction of the Minister, is guilty of an offence and liable to a fine not exceeding fifty dollars.

R.S., c. S-9, s. 717.