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CANADA SHIPPING ACT
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Shipping Offices and Shipping Masters
141. The Governor in Council may establish a shipping office at any port in Canada.
142. (1) The Governor in Council may, subject to this Part, appoint for any shipping office a shipping master, who may with the approval of the Minister appoint any necessary deputies, clerks and servants, and shall, subject to this Part, have complete control over and be responsible for every act done by those deputies, clerks and servants.
(2) All acts done by or before those deputies have the same effect as if done by or before a shipping master.
143. (1) Shipping masters shall be remunerated for their services under this Act pursuant to a scale of fees payable to them for defined services, and neither they nor their deputies, clerks or servants shall, directly or indirectly, charge, demand, collect or receive, even by agreement, from any person any higher fees or any other remuneration, whether for the defined services or for other services performed by them as shipping masters, and the Minister shall establish, and may amend or vary in any respect, the scale of fees.
(2) Every shipping master, deputy shipping master or clerk or servant in any shipping office who acts in contravention of this section is guilty of an offence and liable to a fine not exceeding fifty dollars, and the Minister may dismiss him from office.
Appointment of shipping masters at ports designated
144. (1) The Governor in Council may designate ports in Canada at which shipping masters, deputy shipping masters and such clerks and servants as are necessary for the proper conduct of the shipping office may be appointed in the manner authorized by law, all of whom hold office during pleasure.
(2) All acts done by or before deputy shipping masters have the same effect as if done by or before a shipping master.
(3) The Minister shall establish a scale of fees payable for the defined services performed by shipping masters, and the scale of fees may be amended or varied in any respect.
(4) All fees received under this Part by shipping masters appointed under this section shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.
(5) A shipping master or deputy shipping master appointed under this section may be appointed to any other office under this Act and in such case, in addition to his salary as shipping master or deputy shipping master, shall be remunerated for his services in the other office in the manner provided under this Act for that office.
(6) Sections 142, 143, 145, 148, 149, 150 and 156 do not apply to shipping masters, deputy shipping masters, clerks or servants appointed under this section.
145. No person who sells any spirituous liquors and no tavern keeper or boarding-house keeper shall be appointed a shipping master or deputy shipping master.
146. (1) At any place in which no shipping office is established, the business of the shipping office shall be conducted at the custom-house.
(2) In respect of any business described in subsection (1), that custom-house shall, for all purposes, be deemed to be a shipping office, and the chief officer of customs at that custom-house, if no other shipping master has been appointed, shall, for all purposes, be a shipping master, and shall be held to have been appointed as such within the meaning of this Part.
(3) Any shipping master or the deputy, clerk or servant of any shipping master may refuse to proceed with any engagement or discharge of a seaman unless the fee payable thereon is first paid.
147. All business transacted at any shipping office shall be under the control and supervision of the Minister.
Shipping master to give security
148. Every shipping master shall, before entering on his duties, give such security for the due performance thereof as the Minister requires.
149. Where, in any case, the Minister believes on reasonable grounds that any person appointed by any shipping master does not properly discharge his duties, he may cause an investigation to be made and may direct the dismissal or suspension of that person.
Oath of office of shipping master and subordinates
150. (1) Every shipping master, deputy, clerk and servant so appointed shall, before entering on his duties, take and subscribe before any person qualified to administer oaths, an oath in the following form:
I, , do swear that I will faithfully perform the duties of shipping master (or deputy shipping master, or as the case may be) according to the true intent and meaning of Part III of the Canada Shipping Act, that I will not, either directly or indirectly, personally, or by means of any other person or persons on my behalf, receive any fee, reward or gratuity by reason of any function of my office as shipping master (or deputy shipping master, or as the case may be), except such as are authorized by the Minister and allowed to me under that Part, and that I will act without partiality, favour or affection, and to the best of my knowledge. So help me God.
(2) The oath shall be forwarded to the Minister by the shipping master immediately after it is taken.
151. Every shipping master shall
(a) afford facilities for engaging seamen, by keeping registers of the names of seamen who apply to him for engagement, and registers of all seamen shipped or discharged by him, which registers shall be open for public inspection;
(b) superintend and facilitate the engagement and discharge of seamen in the manner hereinafter provided;
(c) provide means for securing the presence on board at the proper times of men who are engaged, when requested to do so, the expense of that service to be defrayed by the master, owner or agent of the ship requiring the presence of men on board;
(d) facilitate the making of apprenticeships to the sea service; and
(e) perform such other duties relating to seamen, apprentices and merchant ships as are committed to him by this Act.
Who may engage or supply seamen in Canada
152. (1) No person shall engage or supply, or employ any other person to engage or supply, any seaman or apprentice to be entered on board any ship in Canada unless the person first mentioned is a shipping master, the deputy of a shipping master, the owner, master or mate of the ship or bona fide the servant and in the constant employment of that owner.
Knowingly harbouring illegally engaged seamen
(2) No person shall receive, or accept to be entered, on board any ship, or permit to remain on board any ship, any seaman or apprentice who, to the knowledge of that person, has been engaged or supplied in contravention of subsection (1) for the ship or has been engaged or supplied for any other ship.
(3) Any owner, part owner, master, person in charge of any ship, ship's husband, consignee or other person who acts in contravention of this section is guilty of an offence and is, for each seaman or apprentice in respect of whom an offence is committed, and notwithstanding that several seamen or apprentices are included in the same contract, or are received or permitted to remain on board any ship at the same time, liable to a fine not exceeding forty dollars.
153. (1) No person, other than a shipping master or the deputy of a shipping master, shall demand or receive, directly or indirectly, from any master of a ship, any seaman or apprentice to the sea service, any person seeking employment as a seaman or apprentice to the sea service or any person on behalf of any of those persons, any remuneration of any kind for procuring any seaman to serve on board any ship or for providing any seaman or apprentice with employment.
(2) Any person who acts in contravention of this section is guilty of an offence and liable to a fine not exceeding one hundred dollars and not less than twenty-five dollars.
Duty of shipping master in case of suspected deserter
154. Every shipping master and deputy shipping master shall, before engaging or supplying any seaman to be entered on board any ship, require that seaman to produce his certificate of discharge from his last ship, or other satisfactory proof that he was lawfully discharged from or lawfully quitted his last ship, and shall by all lawful means in his power prevent, in so far as he can, the effecting before him of the engagement of a seaman whom he has any reason to suspect of having deserted from his last ship.
155. Every owner or master of a ship engaging or discharging any seaman in a shipping office, or before a shipping master or a deputy shipping master, shall pay to the shipping master or deputy shipping master the whole of the fees payable in respect of that engagement or discharge.
156. (1) Every shipping master shall make, sign and transmit to the Minister on, or as soon as possible after, the last day of March and the last day of September in each year a return of all the fees and moneys received by him under this Part during the half year ending on that day.
(2) The return shall show the number of seamen engaged and the number of seamen discharged during the same period.
Dispensing with shipping master's superintendence
157. The Governor in Council may, from time to time, dispense with the transaction before a shipping master or in a shipping office of any matters required by this Part to be so transacted, and thereupon those matters, if otherwise duly transacted, are as valid as if transacted before a shipping master or in a shipping office.
158. Every shipping master shall give to persons desirous of apprenticing boys to, or requiring apprentices for, the sea service such assistance as may be in his power.
159. The apprenticeship of any boy to the sea service shall be by indenture between the apprentice and the master or owner of the ship requiring the apprentice.
160. (1) Every person to whom an apprentice is bound shall, within seven days after the execution of the indenture, transmit the indenture and a copy thereof to the shipping master nearest to the residence of that person, and that shipping master shall keep the copy in his office, which shall be open to public inspection free of any charge, and shall endorse on the indenture that it has been so recorded and shall re-deliver the indenture to the master of the apprentice.
(2) Every person who fails to comply with any requirement of this section is guilty of an offence and liable to a fine not exceeding fifty dollars.
161. (1) Whenever any indenture is assigned or cancelled, or whenever any apprentice dies or deserts, the master of the apprentice shall, within thirty days after the assignment, cancellation, death or desertion, if it happens within Canada, or, if it happens elsewhere, so soon afterwards as circumstances permit, notify the shipping master, who shall record the information.
(2) Every person who fails to comply with any requirement of this section is guilty of an offence and liable to a fine not exceeding fifty dollars.
162. (1) The master of every foreign-going or home-trade Canadian ship who, pursuant to this Act, makes an agreement with the crew in the presence of a shipping master, shall, before carrying any apprentice to sea from any place in Canada, cause that apprentice to appear before the shipping master before whom the crew is engaged, and shall produce to the shipping master the indenture by which the apprentice is bound and every assignment thereof.
(2) The name of the apprentice, with the date of the indenture and of the assignments, if any, and the names of the ports at which they have been registered, shall be entered on the agreement with the crew.
(3) If the master fails, without reasonable cause, to comply with any requirements of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
163. (1) The master of every Canadian ship, other than home-trade ships, inland waters ships and minor waters ships of less than fifty register tons, shall enter into an agreement, in this Act called the "agreement with the crew", in accordance with this Act, with every seaman whom he engages in Canada and carries as one of his crew.
Carrying seamen without agreement
(2) If the master of a ship in respect of which an agreement with the crew is required fails to enter into an agreement or carries any seaman from any port in Canada without entering into an agreement with him in accordance with this Act, the master in the case of a sea-going ship, and the master or owner in the case of any other ship, is guilty of an offence and liable to a fine not exceeding twenty dollars.
Form and contents outside of Canada
164. When agreements with seamen in respect of Canadian ships are first opened in any Commonwealth country outside of Canada, their form and contents shall be those prescribed by the law of that Commonwealth country and if opened elsewhere than within a Commonwealth country shall be those prescribed by the law of Canada.
165. (1) An agreement with the crew shall be in a form approved by the Minister, shall be dated at the time of the first signature thereof and shall be signed by the master before a seaman signs it.
(2) The agreement with the crew shall show the surname and other names of the seaman, his birthplace and age or date of birth, shall state clearly the respective rights and obligations of each of the parties and shall contain as terms thereof the following particulars:
(a) the name of the vessel or vessels on board which the seaman undertakes to serve;
(b) either the nature, and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement and the places or parts of the world, if any, to which the voyage or engagement is not to extend;
(c) the number and description of the crew, specifying how many are engaged as sailors;
(d) if possible the place and date at which each seaman is to be on board or to begin work;
(e) the capacity in which each seaman is to serve;
(f) the amount of wages that each seaman is to receive;
(g) a scale of the provisions that are to be furnished to each seaman;
(h) the time agreed on, if any, that is to expire after arrival before the seaman is discharged;
(i) any regulations respecting conduct on board, fines, short allowance of provisions or other lawful punishment for misconduct that have been approved by the Minister as proper regulations to be adopted and that the parties agree to adopt; and
(j) the particulars respecting the position of the deck line and the load lines specified in the ship's Load Line Certificate.
(3) The agreement with the crew shall be so framed as to admit of such stipulations, to be adopted at the will of the master and seaman in each case, whether respecting the advance and allotment of wages or otherwise, as are not contrary to law or to the Seamen's Articles Convention, and it shall state the place at, and the date on, which it was completed.
(4) If the master of a ship registered at a port outside Canada has an agreement with the crew made in due form according to the law of that port or of the port in which the ship's crew was engaged, and engages single seamen in Canada, those seamen may sign the agreement, and it is not necessary for them to sign an agreement in the form approved by the Minister.
Agreements with crew of foreign-going ships
166. The following provisions have effect with respect to the agreements with the crew made in Canada in the case of foreign-going ships registered either within or outside Canada:
(a) the agreement shall, subject to this Act with respect to substitutes, be signed by each seaman in the presence of a shipping master;
(b) the shipping master shall give reasonable facilities to the seaman and his adviser, if any, to examine the agreement and shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the agreement before he signs it, and shall attest each signature;
(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master and the other shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship;
(d) where a substitute is engaged in the place of a seaman who signed the agreement and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, when practicable, be made before a shipping master, and, when not practicable, the master shall, before the ship puts to sea, if practicable, and if not, as soon after as possible cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the agreement in the presence of a witness, and the witness shall attest the signature;
(e) the agreements may be made for a voyage, or if the voyages of the ship average less than six months in duration may be made to extend over two or more voyages, and agreements made to extend over two or more voyages are in this Act referred to as running agreements;
(f) running agreements shall not extend beyond the six month period of time next following the date of the making thereof, or the first arrival of the ship at its port of destination in Canada after the termination of that period, or the discharge of cargo consequent on that arrival;
(g) on every return to a port in Canada before the final termination of a running agreement, the master shall make on the agreement an endorsement respecting the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law, and if a master wilfully makes a false statement in any endorsement he is guilty of an offence and liable to a fine not exceeding one hundred dollars;
(h) the master shall deliver the running agreement as endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master; and
(i) the duplicate running agreement retained by the shipping master on the first engagement of the crew shall be kept by the shipping master until the expiration of the agreement.
Agreements with crew of home-trade ships
167. The following provisions have effect with respect to the agreements with the crew made in Canada in the case of home-trade ships for which an agreement with the crew is required under this Act:
(a) agreements may be made either for service in a particular ship or for a service in two or more ships belonging to the same owner, but in the latter case the names of the ships and the nature of the service shall be specified in the agreement;
(b) crews or single seamen may, if the master thinks fit, be engaged before a shipping master in the same manner as they are required to be engaged for foreign-going ships, but if the engagement is not so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon after as possible, cause the agreement to be read and explained to each seaman, and the seaman shall thereupon sign the agreement in the presence of a witness, and the witness shall attest the signature;
(c) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master and the provisions of this Act with respect to the making of the agreement apply accordingly;
(d) in the case of a ship making short voyages, running agreements with the crew may be made to extend over two or more voyages or for a specified time, but no agreement shall extend beyond the six month period of time next following the date of the making thereof, the first arrival of the ship at its final port of destination in Canada after that period or the discharge of cargo consequent on that arrival, and the owner or his agent may enter into time agreements in forms sanctioned by the Minister with individual seamen to serve in any one or more ships belonging to that owner, which agreements need not be limited to six months, and a duplicate of every agreement shall be forwarded to the Minister within forty-eight hours after it has been entered into;
(e) on every return to a port in Canada before the final termination of a running agreement, the master shall make on the agreement an endorsement respecting the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law;
(f) the master shall deliver the running agreement as endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master, and if a master wilfully makes a false statement in any endorsement he is guilty of an offence and liable to a fine not exceeding one hundred dollars; and
(g) the duplicate running agreement retained by the shipping master on the first engagement of the crew shall be kept by the shipping master until the expiration of the agreement.
Agreements with crew of inland waters ships
168. The following provisions have effect with respect to the agreement with the crew in the case of inland waters ships and minor waters ships for which an agreement with the crew is required under this Act:
(a) agreements may be made either for service in a particular ship or for service in two or more ships belonging to the same owner, but in the latter case the names of the ships and the nature of the service shall be specified in the agreement;
(b) crews or single seamen shall in the case of ships of over eighty tons register tonnage and may if the master thinks fit in the case of ships of lesser tonnage be engaged in the same manner as they are required to be engaged for home-trade ships;
(c) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master and the provisions of this Act with respect to the making of the agreement shall apply accordingly; and
(d) in the case of a ship making short voyages, running agreements with the crew may be made to extend over two or more voyages or for a specified time, but no agreement shall extend beyond nine months from the date of the agreement, the first arrival of the ship at its port of destination after the termination of the agreement or the discharge of cargo consequent on that arrival, and the owner or his agent may enter into time agreements in forms sanctioned by the Minister with individual seamen to serve in any one or more ships belonging to that owner, which agreements need not be limited to nine months, and a duplicate of every agreement shall be forwarded to the Minister within forty-eight hours after it has been entered into.
169. The master of every foreign-going ship, on signing the agreement with the crew, shall produce to the shipping master before whom the agreement is signed the certificates that the master and seamen on the ship are required by law to hold.
Certificate from shipping master
170. A shipping master shall, in the case of any ship, on all the requirements of this Part being complied with to his satisfaction, give to the master of the ship a certificate to that effect or to the effect that the agreement with the crew is in his office partially signed, waiting the engagement of a portion of the crew, as the case may be, and shall specify in the certificate the class of ship to which the ship belongs, whether it is a steamship or sailing ship, the ship's gross and register tonnage and particulars of its employment.
No clearance without certificate
171. No officer of customs shall clear any foreign-going ship until the shipping master's certificate is produced to him.
Changes in crew to be reported
172. (1) The master of every foreign-going or home-trade ship whose crew has been engaged before a shipping master shall, before finally leaving Canada, sign and send to the nearest shipping master a full and accurate statement, in a form approved by the Minister, of every change that takes place in his crew before finally leaving Canada, and that statement is admissible in evidence in the manner provided by this Act.
(2) If the master fails without reasonable cause to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Certificate with respect to agreement with crew of foreign-going ship
173. (1) In the case of a foreign-going ship, on the due execution of an agreement with the crew in accordance with this Act, and, where the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Act respecting that agreement, a shipping master shall grant the master of the ship a certificate to that effect.
(2) The master of every foreign-going ship shall, before proceeding to sea, produce to the officer of customs the certificate referred to in subsection (1), and any such ship may be detained until the certificate is produced.
(3) The master of every foreign-going ship shall, within forty-eight hours after the ship's arrival at its final port of destination in Canada or on the discharge of its crew, whichever first happens, deliver his agreement with the crew to the shipping master at that port, who shall give the master a certificate of that delivery, and an officer of customs shall not clear the ship inward until the certificate of delivery is produced.
(4) If the master fails without reasonable cause to deliver the agreement with the crew in accordance with subsection (3), he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Agreement of home-trade ship delivered
174. (1) The master or owner of a home-trade ship of fifty tons register tonnage or more shall, within twenty-one days after the termination of every agreement with the crew made for the ship, deliver or transmit the agreement to a shipping master in Canada.
(2) The shipping master on receiving the agreement shall give the master or owner of the ship a certificate of that delivery, and the ship shall be detained unless the certificate is produced to the proper officer of customs.
(3) If the master or owner fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
175. (1) The master or owner of every inland waters ship or minor waters ship of or over fifty tons register tonnage shall within twenty-one days after the termination of every agreement with the crew deliver the agreement to the nearest shipping master and the shipping master shall give the master a certificate of that delivery.
(2) If the master or owner fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
176. (1) The master shall at the commencement of every foreign voyage or engagement cause a legible copy of the agreement with the crew, omitting the signatures, to be posted up in some part of the ship that is accessible to the crew.
(2) If the master fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Alterations in agreements with crew
177. (1) Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged after the first departure of the ship, is wholly inoperative, unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration by the written attestation, if in a Commonwealth country, of a shipping master, justice of the peace, officer of customs or other public functionary, or elsewhere outside Canada, of a consular officer, or where there is no consular officer, of two respectable Canadian merchants.
Forgery, etc., in respect of agreements with crew
(2) Every person who fraudulently alters, makes any false entry in, or delivers a false copy of any agreement with the crew is guilty of an indictable offence, and if any person assists in committing or procures to be committed any such offence, he is likewise guilty of an indictable offence.
Seaman not bound to produce agreement
178. In any legal or other proceeding, a seaman may bring forward evidence to prove the contents of any agreement with the crew or otherwise to support his case, without producing or giving notice to produce the agreement or any copy thereof.
Engagement of seamen outside Canada
179. (1) With respect to the engagement of seamen outside Canada, where the master of a Canadian ship engages a seaman in a Commonwealth country or at a port in which there is a consular officer, the provisions of this Act respecting agreements with the crew made in Canada apply subject to the following modifications:
(a) in any Commonwealth country, the master shall engage the seaman before some officer being either a superintendent or, if there is no superintendent, an officer of customs;
(b) at any port having a consular officer, the master shall, before carrying the seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to the law of the port, engage the seaman before that officer; and
(c) the master shall request the officer to endorse on the agreement an attestation to the effect that the agreement has been signed in his presence and otherwise made as required by this Act, and also, if the officer is a consular officer, that it has his sanction, and if the attestation is not made the burden of proving that the engagement was made as required by this Act lies on the master.
(2) If a master fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Discharges before shipping master
180. (1) When a seaman serving in a foreign-going ship, or in a home-trade ship of or over fifty tons register tonnage, whether registered within or outside Canada, is on the termination of his engagement discharged in Canada, he shall, whether the agreement with the crew is an agreement for the voyage or a running agreement, be discharged in the presence of a shipping master.
(2) If the master or owner of a home-trade ship of less than fifty tons register tonnage or an inland waters or minor waters ship so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign-going ship.
(3) If the master or owner of a ship acts in contravention of this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
181. (1) The master shall sign and give to a seaman discharged from his ship, either on his discharge or on payment of his wages, a certificate of his discharge in a continuous discharge book in a form approved by the Minister, or any form approved by the proper authority in that Commonwealth country in which the ship is registered, specifying the period of his service and the time and place of his discharge, but not containing any statement respecting his wages or the quality of his work unless requested by the seaman.
(2) The master shall, on the discharge of every seaman whose certificate has been delivered to and retained by him, return the certificate to the seaman.
(3) If the master fails to comply with subsection (1), he is guilty of an offence and liable to a fine not exceeding fifty dollars, and if he, without reasonable cause, fails to comply with subsection (2) he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
182. (1) Where a seaman is discharged before a shipping master, the master shall make and sign, in a form approved by the Minister, or in any form approved by the proper authority in that Commonwealth country in which the ship is registered, a report of the conduct, character, and qualifications of the seaman discharged, or may state in the form that he declines to give any opinion on those particulars, or on any of them, and the shipping master shall, if the seaman desires, give to him a copy of the report, in this Act referred to as the "report of character".
(2) The shipping master shall transmit the reports to the Minister, or to such other person as the Minister may direct, to be recorded.
False reports of forged certificates
(3) Every person who
(a) makes a false report of character under this Act, knowing the report to be false,
(b) forges or fraudulently alters any certificate of discharge or report of character or copy of a report of character,
(c) assists in committing, or procures to be committed, any of the acts referred to in paragraphs (a) and (b), or
(d) fraudulently uses any certificate of discharge or report of character or copy of a report of character that is forged or altered or does not belong to him,
is guilty of an indictable offence.
Time within which wages must be paid
183. (1) Except in a case in which the seaman by the agreement is paid by a share of the profits of the adventure, the master or owner of every foreign-going Canadian ship shall pay to each seaman belonging to that ship his wages, if demanded, within three days after the delivery of the cargo, or on the seaman's discharge, whichever happens first.
(2) Where a seaman is discharged before a shipping master in Canada, he shall receive his wages through or in the presence of the shipping master, unless a competent court otherwise directs.
(3) If the master or owner of a sea-going ship or of a home-trade ship of over eighty tons register tonnage pays wages to a seaman where he is discharged before a shipping master otherwise than through or in the presence of the shipping master, unless a competent court otherwise directs, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Master to deliver account of wages
184. (1) The master of every ship shall before discharging or paying off a seaman deliver, at the time and in the manner provided by this Act, a full and true account, in a form approved by the Minister, of the seaman's wages and of all deductions to be made therefrom on any account whatever.
(2) The account referred to in subsection (1) shall be delivered
(a) where the seaman is not to be discharged before a shipping master, to the seaman himself not less than twenty-four hours before his discharge or the payment of his wages; and
(b) where the seaman is to be discharged before a shipping master, either to the seaman himself at or before the time of his leaving the ship, or to the shipping master not less than twenty-four hours before his discharge or the payment of his wages.
(3) If the master 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 twenty-five dollars. 186.
185. (1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered pursuant to section 184, or is in respect of a matter happening after the delivery.
(2) The master shall during a voyage enter the various matters in respect of which the deductions are made, with the amounts of the respective deductions, as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages, and on the hearing before any competent authority of any complaint or question relating to that payment.
186. (1) Where the master of a ship disrates a seaman, he shall forthwith enter or cause to be entered in the official log-book of the ship a statement of the disrating and furnish the seaman with a copy of the entry, and any reduction of wages consequent on the disrating shall not take effect until the entry has been made and the copy furnished.
(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 184 and 185.
Decision of questions by shipping master
187. (1) Where in the case of a foreign-going ship a question respecting wages is raised before a shipping master between the master or owner of the ship and a seaman or apprentice, and the amount in question does not exceed twenty-five dollars, the shipping master may, on the application of either party, adjudicate, and the decision of the shipping master in the matter is final, but if the shipping master is of opinion that the question is one that ought to be decided by a court of law, he may refuse to decide it.
Hearing of any question by agreement
(2) Where any question, of whatever nature and whatever the amount in dispute, between a master or owner and any of his crew is raised before a shipping master, and both parties agree in writing to submit the question to him, the shipping master shall hear and decide the question so submitted, and an award made by him on the submission is conclusive with respect to the rights of the parties, and a document purporting to be the submission or award is admissible as evidence thereof.
Shipping master may require ships' papers
188. (1) In any proceeding under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, his agent or the master or any mate or other member of the crew to produce any log-books, papers or other documents in his possession or power relating to a matter in question in the proceeding, and may require the attendance of and examine any of those persons, being then at or near the place, on the matter.
(2) Every person so required who fails, without reasonable cause, to comply with the requisition is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Exchange on payment of seamen abroad
189. Where a seaman has agreed with the master of a Canadian ship for payment of his wages in Canadian dollars or any other money, any payment of, or on account of, his wages if made in any other currency than that stated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of exchange for the money stated in the agreement, for the time being current at the place where the payment is made.
190. (1) Where an agreement with the crew is required to be made in a form approved by the Minister, the agreement may contain a stipulation for payment to or on behalf of the seaman, conditionally on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages payable to the seaman under the agreement, and stipulations for the allotment of a seaman's wages may be made in accordance with this Act.
(2) Except as provided in subsection (1), an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in Canada is void, and any money paid in satisfaction or in respect of that agreement shall not be deducted from the seaman's wages, and a person does not have any right of action, suit or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.
Provision as to failure to join ship and desertion
(3) Where a seaman who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note, wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars, or, at the discretion of the court, to imprisonment for a term not exceeding twenty-one days, but nothing in this section takes away or limits any remedy by action or other procedure that any person would otherwise have in respect of the negotiation of the advance note, or that an owner or master would otherwise have for breach of contract.
Provisions as to failure to join ship
(4) Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the shipping master shall report the matter to the Minister, and the Minister may direct that any of the seaman's certificates of discharge shall be withheld for such period as he may think fit, and, while a seaman's certificate of discharge is so withheld, the Minister, and any other person having the custody of the necessary documents, may, notwithstanding anything in this Act, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.
191. (1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made.
(2) Where the agreement with the crew is required to be made in a form approved by the Minister, the seaman may require that a stipulation be inserted in the agreement for the allotment by means of an allotment note, of any part, not exceeding one-half, of the seaman's wages in favour either of a near relative or of a bank.
(3) Allotment notes shall be in a form approved by the Minister.
(4) For the purposes of the provisions of this Act with respect to allotment notes,
"bank"
«banque»
"bank" means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act;
"near relative"
«proche parent»
"near relative" means one of the following persons, namely, the spouse, father, mother, grandfather, grandmother, child, grandchild, brother or sister of the seaman;
"savings bank" [repealed 1999 c.28 ss.174(2)]
Obligation to offer allotment notes
(5) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement with the crew, inquire of the seaman whether he requires a stipulation for the allotment of his wages by means of an allotment note, and, if the seaman requires such a stipulation, shall insert the stipulation in the agreement with the crew, and the stipulation shall be deemed to have been agreed to by the master.
Time for payment of allotment note
(6) A payment under an allotment note shall begin at the expiration of one month from the date of the agreement with the crew and shall be paid at the expiration of every subsequent month after the first month, and only in respect of wages earned before the date of payment.
Allotments through savings banks
192. (1) An allotment in favour of a bank shall be made in favour of the persons and carried into effect in the manner that may be prescribed by regulations of the Minister.
(2) The sum received by a bank in pursuance of an allotment may be paid out only on an application made, through a shipping master or the Minister, by the seaman or, in case of the seaman's death, by some person to whom the seaman's property may be paid under this Act.
Master to give facilities to seamen for remitting wages
193. (1) Where the balance of wages due to a seaman is more than fifty dollars, and a seaman expresses to the master of the ship a desire to have facilities afforded for remitting all or any part of the balance to a bank or to a near relative in whose favour an allotment note may be made, the master shall give to the seaman all reasonable facilities for so doing with respect to the portion of the balance that is in excess of fifty dollars, but is under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally on the seaman going to sea in the ship.
(2) If the master of a ship fails to comply with the provisions of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Right of suing on allotment notes
194. (1) The person in whose favour an allotment note under this Act is made may, unless the seaman is shown, in the manner specified in this Act, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted when they are payable, with costs, from the owner of the ship with respect to which the engagement was made, or from any agent of the owner who has authorized the allotment, in the same court and manner in which wages of seamen not exceeding two hundred and fifty dollars may be recovered under this Act.
(3) In any proceedings for recovery on an allotment note, it is sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some authorized agent, and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court by
(a) the official statement of the change in the crew caused by his absence, made and signed by the master, as by this Act is required;
(b) a certified copy of some entry in the official log-book of the ship to the effect that he has left the ship;
(c) a credible letter from the master of the ship to the same effect; or
(d) such other evidence as the court in its absolute discretion considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.
False statements in letter as to allotment
(4) If a master wilfully makes a false statement in any credible letter intended for use in any proceeding on an allotment note for the recovery of a seaman's wages, to the effect that a seaman has left his ship and has ceased to be entitled to the wages out of which any allotment is to be paid, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Right to wages, etc., when to begin
195. A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever happens first.
Right to recover wages and salvage not to be forfeited
196. (1) A seaman does not by any agreement forfeit his lien on the ship to which he belongs, nor is he deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and does not by any agreement abandon his right to wages in case of the loss of the ship, or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provision of this Act is void.
Exception when employed on salvage service
(2) Nothing in this section applies to a stipulation made by the seamen belonging to any ship that, according to the terms of the agreement, is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship.
Wages not to depend on freight
197. (1) The right of wages does not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages, if the ship in which he has served had earned freight, is, subject to all other rules of law and conditions applicable to the case, entitled to demand and recover the wages, notwithstanding that freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores bars his claim for wages.
Payment of wages in case of death
(2) Where a seaman or apprentice who would, but for death, be entitled by virtue of this section to demand and recover any wages dies before the wages are paid, they shall be paid and applied in the manner provided by this Act with respect to the wages of a seaman who dies during a voyage.
Wages when termination of service by reason of unfitness
198. (1) Where the service of any seaman belonging to any foreign-going or home-trade Canadian ship terminates before the date contemplated in the agreement, by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to proceed on the voyage granted as mentioned in Part IV, the seaman is entitled to wages for the time of service prior to that termination but not for any further period.
By reason of loss or foundering
(2) Where by reason of the loss or foundering of any ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he is entitled in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service to receive wages at the rate to which he was entitled at that date.
If unemployment not due to loss or foundering
(3) A seaman is not entitled to receive wages under this section if the owner shows that the unemployment was not due to the loss or foundering of the ship and is not entitled to receive wages under this section in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.
(4) In subsections (2) and (3), "seaman" includes every person employed or engaged in any capacity on board a ship.
199. A seaman or apprentice is not entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of that work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.
Forfeiture if illness caused by default
200. Where a seaman is by reason of illness incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, he is not entitled to wages for the time during which he is by reason of the illness incapable of performing his duty.
Costs of procuring conviction deducted
201. Whenever in any proceeding relating to seamen's wages it is shown that a seaman or apprentice has in the course of the voyage been convicted of an offence by a competent tribunal, and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman, not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.
Compensation where improperly discharged
202. Where a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage, or before one month's wages are earned, without fault on his part justifying that discharge, and without his consent, he is entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge, not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.
203. (1) With respect to wages due or accruing to a seaman or apprentice, the following provisions apply:
(a) they are not subject to attachment or arrestment from any court, unless the attachment or arrestment is in respect of the garnishment or attachment of wages for the purpose of enforcing a support provision as defined in section 2 of the Family Orders and Agreements Enforcement Assistance Act;
(b) an assignment or sale thereof made prior to the accruing thereof does not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof is not irrevocable; and
(d) a payment of wages to the seaman or apprentice is valid in law, notwithstanding any previous sale or assignment of those wages, or any attachment, encumbrance or arrestment thereof.
(2) Nothing in this section affects the provisions of this Act with respect to allotment notes.
Wages payable on termination of service by consent
204. Whenever the service of any seaman belonging to a Canadian ship terminates, by the mutual consent of the seaman and the master of the ship, at any port within or outside Canada before the date contemplated in any agreement with the seaman or with the crew of the ship, the seaman is entitled to be paid off before he leaves the ship and his wages are payable up to the time when he leaves the ship.
Seaman may sue for wages in summary manner
205. (1) A seaman or apprentice or a person duly authorized on his behalf may, as soon as any wages due to him not exceeding two hundred and fifty dollars become payable, sue for them, in a summary manner before any judge of the Court of Quebec or Superior Court of the Province of Quebec, any judge of the Superior Court of Justice in and for the Province of Ontario, any judge of the Supreme Court of Nova Scotia or British Columbia, any judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, any judge of the Court of Queen's Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, any provincial court judge, or any two justices of the peace acting in or near the place at which his service has terminated, or at which he has been discharged, or at which any master or owner or other person on whom the claim is made is or resides, and the order made by the court in the matter is final.
(2) The judge, provincial court judge or justices to whom a complaint on oath is made by a seaman or apprentice, or on his behalf, may summon the master or owner or other person to appear before him or them to answer the complaint.
206. (1) On appearance of the master or owner or other person on whom a claim is made, the judge, provincial court judge or justices may examine on oath the parties and their respective witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
Non-appearance of master or owner
(2) Where the master, owner or other person does not appear, then, on due proof of the master or owner or other person having been duly summoned, the judge, provincial court judge or justices may examine on oath the complainant and his witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
207. (1) Where an order made pursuant to section 206 is not obeyed within twenty-four hours after the making thereof, the judge, provincial court judge or justices may issue a warrant to levy the amount of the wages awarded by distress and sale of the goods and chattels of the person on whom the order is made, together with all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, and all costs, charges and expenses incurred in connection with the distress and levy, and the enforcement of the order.
(2) Any surplus, after the amount of the wages awarded and all the costs, charges and expenses are deducted, shall be paid to the person on whom the order is made.
208. (1) Where sufficient distress cannot be found, the judge, provincial court judge or justices may cause the amount of the wages and costs, charges and expenses to be levied on the ship in respect of which the wages were earned, or on the tackle and apparel thereof.
(2) Where the ship is not within the jurisdiction of the judge, provincial court judge or justices, they may cause the person on whom the order for payment is made to be apprehended and committed to the common jail of the locality or, if there is no jail in the locality, to the jail that is nearest to the locality, for a term not exceeding three months and not less than one month.
Restrictions on suits for wages
209. (1) The Admiralty Court does not have jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages not exceeding two hundred and fifty dollars, except in the following cases:
(a) where the owner of the ship is insolvent within the meaning of the Bankruptcy and Insolvency Act;
(b) where the ship is under arrest or is sold by the authority of the Admiralty Court;
(c) where any judge, provincial court judge or justices, acting under the authority of this Act, refers the claim to the court; or
(d) where neither the owner nor the master is or resides within twenty miles of the place where the seaman or apprentice is discharged or put ashore.
(2) Subject to this Part, no other court in Canada has jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages in any amount.
No costs where suit brought unnecessarily
210. Where any suit for the recovery of a seaman's wages is instituted against any ship or the master or owner thereof in the Admiralty Court, and it appears to the Court, in the course of the suit, that the plaintiff might have had as effectual a remedy for the recovery of his wages by complaint to a judge, or two justices of the peace under this Part, the judge shall certify to that effect, and thereupon no costs shall be awarded to the plaintiff.
211. (1) Where a seaman is engaged on a Canadian ship for a voyage or engagement that is to terminate in Canada, he is not entitled to sue in any court abroad for wages unless he is discharged with such sanction as is required by this Act and with the written consent of the master, or proves such ill-usage on the part or by authority of the master as to warrant reasonable apprehension of danger to his life if he were to remain on board.
Compensation where master in default
(2) Where a seaman on his return to Canada proves that the master or owner has been guilty of any conduct or default that but for this section would have entitled the seaman to sue for wages before the termination of the voyage or engagement, he is entitled to recover in addition to his wages such compensation not exceeding one hundred dollars as the court hearing the case thinks reasonable.
212. (1) The master of a ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.
(2) The master of a ship, and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages.
(3) Where, in any proceeding in the Admiralty Court concerning the claim of a master in respect of wages or of the disbursements or liabilities described in subsection (2), any right of set-off or counterclaim is set up, the court may enter into and adjudicate on all questions, and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.
Damages for delay in paying master's wages
(4) In any action or other legal proceeding by the master of a ship for the recovery of any sum due to him on account of wages, the court may, if it appears to it that the payment of the sum due has been delayed otherwise than owing to the act or default of the master, or to any reasonable dispute respecting liability, or to any other cause not being the wrongful act or default of the person liable to make the payment, order that person to pay in addition to any sum due on account of wages, such sum as the court thinks just as damages in respect of the delay, without prejudice to any claim that may be made by the master on that account.
Power of courts to rescind contracts
213. Where a proceeding is instituted in or before any court in relation to any dispute between the owner or master of a Canadian ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court if, having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the owner or master and the seaman or apprentice or any contract of apprenticeship, on such terms as the court thinks just, and this power is in addition to any other jurisdiction that the court may exercise independently of this section.
214. (1) Where a seaman or apprentice belonging to a British ship, whether a foreign-going or a home-trade ship, the voyage of which is to terminate in Canada, dies outside Canada during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or apprentice that are on board the ship.
(2) The master may, if he thinks fit, cause any of the effects to be sold by auction at the mast or otherwise by public auction.
(3) The master shall enter in the official log-book the following particulars:
(a) a statement of the amount of the money and a description of the effects;
(b) in case of a sale, a description of each article sold and the sum received for each; and
(c) a statement of the sum due to the deceased for wages and of the amount of deductions, if any, to be made from the wages.
(4) The entry shall be signed by the master and attested by a mate and some other member of the crew.
(5) The money, effects, proceeds of sale of effects and balance of wages described in this section are in this Act referred to as the property of the seaman or apprentice.
Report of death to foreign officers
215. (1) Where a seaman or apprentice described in subsection 214(1) dies and the ship before coming to a port in Canada touches and remains for forty-eight hours at a port outside Canada, the master shall report the death to the consular officer at that port or, if the port is in a Commonwealth country, to the Superintendent of a Mercantile Marine Office or the chief officer of customs there, and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage.
(2) The officer to whom a report is made pursuant to subsection (1) may, if he thinks it expedient, require the property of the deceased to be delivered and paid to him, and shall thereupon give to the master a receipt thereof, and endorse under his hand on the agreement with the crew such particulars with respect thereto as the Minister requires.
(3) The receipt shall be produced by the master to a shipping master within forty-eight hours after his arrival at his port of destination in Canada.
Delivery to shipping master in Canada
216. Where a seaman or apprentice described in subsection 214(1) dies and the ship proceeds at once to a port in Canada without touching and remaining at a port outside Canada, or the consular officer, superintendent or chief officer of customs does not require the delivery and payment of the property of the deceased to him, the master shall, within forty-eight hours after his arrival at his port of destination in Canada, deliver and pay the property to the shipping master at that port.
217. (1) Where a seaman or apprentice dies during the progress of the voyage or engagement, the master shall give to the superintendent or the chief officer of customs in a Commonwealth country, or to the consular officer abroad, or to the shipping master or officer to whom delivery and payment is made an account in such form as they respectively require of the property of the deceased.
(2) A deduction claimed by the master in an account given under subsection 215(1) shall not be allowed unless verified, if an official log-book is required to be kept, by an entry in that book made and attested as required by this Act, and also by such other vouchers, if any, as may reasonably be required by the chief officer of customs or consular officer or by the shipping master or officer to whom the account is given.
(3) A shipping master in Canada shall grant to a master, on due compliance with those provisions of this section and sections 215 and 216 that relate to acts to be done at the port of destination, a certificate to that effect, and an officer of customs shall not enter a sea-going ship inward without the production of that certificate.
Master accountable to Minister
218. (1) If the master of a ship fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, to making in the official log-book the proper entries relating thereto, to procuring the proper attestation of those entries as required by this Act or to the payment or delivery of the property, he is accountable for the property to the Minister, and shall pay and deliver the property accordingly, and in addition, the master is guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.
(2) Where any property of a deceased seaman or apprentice is not duly paid, delivered or accounted for by the master, the owner of the ship shall pay, deliver and account for the property, and it is recoverable from him accordingly, and if he fails to account for and deliver or pay the property, he is in addition to his liability for the property guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for, delivered or paid over or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.
(3) The property may be recovered in the same court and in the same manner in which the wages of seamen are recoverable under this Act.
Property left abroad but not on board ship
219. Where any seaman or apprentice belonging to a Canadian ship the voyage of which is to terminate in Canada, or who has within six months preceding his death belonged to any such ship, dies at any place outside Canada leaving any money or effects not on board the ship to which he belonged at the time of his death or to which he last belonged before his death, the Superintendent of a Mercantile Marine Office or the chief officer of customs in a Commonwealth country, and in other cases the consular officer at or near the place, is authorized to claim and take charge of the money and effects, subject to performance of the provisions of this Part and with the rights thereby conferred, and the money and effects shall be deemed to be property of a deceased seaman or apprentice within the meaning of this Part.
Dealing with property by officers abroad
220. (1) A Superintendent of a Mercantile Marine Office or a chief officer of customs in a Commonwealth country or a consular officer may, as he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Act, and the proceeds of the sale shall be deemed to form part of that property.
(2) Every officer referred to in subsection (1) shall quarterly, or at such times as the Minister requires, remit the property in such manner, and shall render such accounts in respect thereof, as the Minister may require.
Recovery of wages of seamen lost with ship
221. (1) Where a seaman or apprentice is lost with the ship to which he belongs, the Minister may recover the wages due to him from the owner of the ship in the same court and in the same manner in which seamen's wages are recoverable, and shall deal with those wages in the same manner as with the wages of other deceased seamen and apprentices under this Act.
(2) Where in any proceeding for the recovery of the wages it is shown by some official return produced out of the proper custody, or by other evidence, that the ship has twelve months or more before the institution of the proceeding left a port of departure, the ship shall, unless it is shown that it has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time the ship was last heard of, or at such later time as the court hearing the case may think probable.
(3) Any duplicate agreement or list of the crew made, or statement of a change of the crew delivered, under this Act at the time of the last departure of the ship from Canada, or a certificate purporting to be a certificate from a consular or other public officer at any port outside Canada, stating that certain seamen and apprentices were shipped in the ship from that port, is, if produced out of the proper custody, in the absence of proof to the contrary, sufficient proof that the seamen and apprentices therein named as belonging to the ship were on board at the time of the loss.
Property of seamen dying in Canada
222. Where a seaman or apprentice dies in Canada and is at the time of his death entitled to claim from the master or owner of a ship in which he has served any effects or unpaid wages, the master or owner shall pay and deliver or account for that property to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged, or to the Minister or as the Minister directs.
223. (1) Where any property of a deceased seaman or apprentice on a Canadian ship or the proceeds thereof comes into the hands of any consular officer, superintendent or officer of customs under section 215, 219 or 220, that officer shall forward such property to the Minister.
Payment over of property of deceased seamen
(2) Where any property of a deceased master, seaman or apprentice comes into the hands of the Minister under this Act, the Minister, after deducting any expenses incurred in respect of that master, seaman or apprentice, or of his property, shall pay and deliver the residue to the executor, administrator or other personal representative of the deceased or, if there is no personal representative of the deceased, the Minister shall dispose of the residue in accordance with the law of the province in which the deceased was last resident for determining the distribution or succession of personal property of deceased persons or in accordance with the order of such court as has jurisdiction to determine the distribution or succession of the property of the deceased.
Where property not in excess of $500
(3) Where the value of the property of a deceased master, seaman or apprentice does not exceed the sum of five hundred dollars, the Minister may, if he thinks fit, pay or deliver the residue to any claimant who is proved to the Minister's satisfaction to be the widow, widower or a child of the deceased or to be entitled to that property under the will, if any, of the deceased or under any law providing for the distribution or succession of personal property of deceased persons or otherwise.
Discharge of Minister's liability
(4) On making payment or delivery of the residue under this section, the Minister is discharged from all further liability in respect of the residue so paid or delivered.
Forgery of documents to obtain property of deceased seaman
224. Every person who, for the purpose of obtaining, either for himself or for any other person, any property of any deceased seaman or apprentice,
(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any document purporting to show or assist in showing any right to that property,
(b) makes use of any document that has been forged or fraudulently altered as described in paragraph (a),
(c) gives or assists in giving, or procures to be given, any false evidence, knowing the evidence to be false,
(d) makes or assists in making, or procures to be made, any false representation, knowing the representation to be false, or
(e) assists in procuring any false evidence or representation to be given or made, knowing the evidence or representation to be false,
is guilty of an indictable offence.
Complaints as to provisions or water
225. (1) Where three or more of the crew of a Canadian ship consider that the provisions or water for the use of the crew is at any time of bad quality, unfit for use or deficient in quantity, they may complain about it to any of the following officers, namely, an officer in command of one of Her Majesty's ships, a consular officer, a shipping master or a chief officer of customs, and the officer may either examine the provisions or water complained of or cause it to be examined.
(2) Where the officer, or person making the examination, finds that the provisions or water is of bad quality and unfit for use, or deficient in quantity, he may signify it in writing to the master of the ship.
(3) The master of the ship shall enter a statement, which may be signed by the officer or person making the examination, of the result of the examination in the official log-book of the ship, and send a report thereof to the Minister, and that report is admissible in evidence in the manner provided by this Act.
(4) If the master and the officer or person making the examination certify in that statement that there was no reasonable ground for the complaint, each of the complainants is liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.
Neglecting to provide proper provisions
226. When, in the case of a Canadian ship that is in a Canadian port, the officer or person who has made an examination of the provisions or water for the use of the crew, as provided by this Act, has signified in writing to the master of the ship that he has found the provisions or water to be of bad quality and unfit for use, or deficient in quantity, if the master of the ship does not thereupon provide other proper provisions or water in lieu of any signified to be of bad quality and unfit for use, does not procure the requisite quantity of any provisions or water signified to be deficient in quantity, or uses any provisions or water signified to be of bad quality and unfit for use, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Allowance for short or bad provisions
227. (1) Where
(a) during a voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, except in accordance with any regulations for reduction by way of punishment contained in the agreement with the crew, or for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore, or
(b) it is shown that any of those provisions are or have during the voyage been bad in quality and unfit for use,
the seaman shall receive, by way of compensation for that reduction or bad quality, according to the time of its continuance, the following sums to be paid to him in addition to, and to be recoverable as wages:
(c) if his allowance is reduced by not more than one-third of the quantity specified in the agreement, a sum not exceeding eight cents a day,
(d) if his allowance is reduced by more than one-third of that quantity, sixteen cents a day, or
(e) in respect of bad quality, a sum not exceeding twenty-four cents a day.
Circumstances to be considered by the court
(2) Where it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration, and shall modify or refuse compensation as the justice of the case requires.
228. (1) The master of a Canadian ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served, and shall allow the weights and measures to be used at the time of serving the provisions and articles in the presence of a witness whenever any dispute arises about the quantities.
(2) If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Regulations respecting crew accommodation
231. (1) The Governor in Council may make regulations respecting the crew accommodation to be provided in Canadian ships, and, without restricting the generality of the foregoing, may make regulations
(a) respecting the space and equipment to be provided for the sleeping rooms, wash rooms, mess rooms and galleys;
(b) providing for the protection of the crew against injury, condensation, heat, cold and noise on a ship;
(c) prescribing the water, heating, lighting, ventilation and sanitary facilities to be supplied on a ship; and
(d) respecting the inspection, measuring and marking of crew accommodations on a ship and its certification for the purpose of ascertaining register tonnage and prescribing the fees to be charged therefor.
(2) Every owner of a Canadian ship that contravenes any regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.
Regulations giving effect to Conventions
232. (1) The Governor in Council may, subject to this Act, make such regulations as may appear to him to be necessary to give effect to the provisions of any of the following Conventions, and such regulations shall conform in all respects to the requirements of those Conventions:
(a) Medical Examination (Seafarers) Convention, 1946;
(b) Certification of Able Seamen Convention, 1946;
(c) Food and Catering (Ships' Crews) Convention, 1946;
(d) Certification of Ships' Cooks Convention, 1946; and
(e) Seafarers Identity Documents Convention, 1958.
(2) The Governor in Council may prescribe a fine not exceeding five hundred dollars or a term of imprisonment not exceeding six months or both, to be imposed on summary conviction, as a punishment for contravention of a regulation made under subsection (1).
Facilities for making complaint
233. (1) Where a seaman or apprentice while on board ship states to the master of the ship his desire to make a complaint to a justice of the peace, consular officer or officer in command of one of Her Majesty's ships or one of Her Majesty's Canadian ships against the master or any of the crew, the master shall, as soon as the service of the ship will permit,
(a) if the ship is at a place where there is a justice or officer referred to in this subsection, after the statement, and
(b) if the ship is not at a place described in paragraph (a), after its first arrival at such a place,
allow the complainant to go ashore or send him ashore in proper custody, or, in the case of complaint to a naval officer, to the ship of that officer, so that he may make his complaint.
(2) If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Assignment or sale of salvage invalid
234. Subject to this Act, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof does not bind the person making the assignment or sale, and a power of attorney or authority for the receipt of any salvage is not irrevocable.
237. (1) No person other than an owner, agent of an owner, consignee of the ship or cargo, a person in the employment of any of them, an officer or person in Her Majesty's service or employment, or a harbour master, deputy harbour master, health officer, customs officer, pilot, shipping master or deputy shipping master shall, without the permission or against the orders of the master or person in charge of the ship, go on board any ship.
Going on board without permission
(2) Any person, other than a person excepted by subsection (1), who goes on board a ship without the permission or against the orders of the master or person in charge of the ship is guilty of an offence and liable,
(a) if unarmed at the time, to imprisonment for a term of not more than three years and not less than six months; and
(b) if armed at the time with, or carrying about his person, any pistol, gun or other firearm or offensive weapon, to imprisonment for any term of not more than five years and not less than two years.
(3) The master or person in charge of the ship may take any person so offending into custody and deliver him up forthwith to any constable or peace officer, to be taken before any judge of the Court of Quebec or Superior Court of the Province of Quebec, judge of the Superior Court of Justice in and for the Province of Ontario, judge of the Supreme Court of Nova Scotia or British Columbia, judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, judge of the Court of Queen's Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, or provincial court judge, to be dealt with according to this Part.
238. Every person is guilty of an offence and, without prejudice to the right of recovery from him of any amount payable by him as fare, liable to a fine not exceeding ten dollars, who
(a) being drunk or disorderly, has been on that account refused admission to board a steamship by the owner or any person in his employment, and persists in attempting to board the steamship;
(b) being drunk or disorderly on board a steamship, is requested by the owner or any person in his employment to leave the steamship at any place in Canada that is a reasonably convenient place to leave the steamship, and does not comply with that request;
(c) after warning by the master or other officer of the steamship, molests or continues to molest any passenger;
(d) after having been refused admission to board a steamship by the owner or any person in his employment on account of the steamship being full, and having had the amount of his fare, if he has paid it, returned or tendered to him, persists in attempting to board the steamship; or
(e) without reasonable excuse, proof whereof lies on him, fails, when requested by the master or other officer of a steamship, either to pay his fare or exhibit a ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on steamships.
Injuring or obstructing machinery, crew, etc., of steamer
239. Every person on board a steamship who, without reasonable excuse, proof whereof lies on him, does or causes to be done, anything in such manner as to obstruct or injure any part of the machinery or tackle of the steamship, or to obstruct, impede or molest the crew, or any of them in the navigation or management of the steamship or otherwise in the execution of their duty on or about the steamship, is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Master may detain offender and take before justice
240. (1) The master or other officer of any steamship, and all persons called by him to his assistance, may detain any offender under any of the provisions of sections 238 and 239, whose name and address are unknown to that master or officer, and may convey the offender with all convenient dispatch before any justice or justices of the peace, and any offender conveyed before any justice or justices under this section shall be dealt with as if arrested, and brought before them on his or their warrant under the provisions of the Criminal Code relating to summary convictions.
Jurisdiction of justice of the peace
(2) Any justice of the peace has jurisdiction under sections 238 and 239, either in the place where the offence was committed or, if committed while the steamship is under way, in the place where it next stops.
Misconduct endangering life or ship
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.
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.
General offences against discipline
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.
Summary remedies not to affect other remedies
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.
False statement respecting last ship or name
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.
Entry of offences in official log
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.
Entries and certificate of desertion abroad
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.
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.
Proof of desertion in proceedings for forfeiture of wages
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.
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).
Questions of forfeiture decided in suits for wages
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.
Amount of forfeiture out of wages ascertained
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.
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.
Status on board ship of stowaways and
seafaring persons carried under compulsion
(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.
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.
Paid to shipping master or proper authority
(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.
Misconduct not otherwise punished
(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.
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.
Search warrant if seaman concealed or secreted
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.
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.
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.
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.
Delivery of official logs to shipping master
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.
Official log sent home in case of transfer
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.
In case of loss or abandonment of ship
(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.
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.
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.
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.
Transfer of ownership or change of employment of ship
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.
Delivery of ship's documents by master
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.
Duties of officer having custody of documents
(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.
Endorsement on agreement with crew
(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.
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.
Documents handed over on change of master
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.
Employment of children on board ship
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.
Employment of young persons as trimmers or stokers
(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.
Summary of subsections (3) and (4)
(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.
List of young persons under eighteen
(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.
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.
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.
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.
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.
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