294Records must be retained

294  Records must be retained  (1) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel’s ballast water record system must be retained on board the vessel for 2 years after the record is made.  (2) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel’s ballast water record system must be retained:  (a) on board the vessel; or  (b) in the control of the owner of the vessel; for a further 3 years starting at the end of the 2‑year period referred to in subsection (1).  (3) For the purposes of subsections (1) and (2), if a vessel (the first vessel) is being towed by another vessel and has no crew on board, a record that is on board the other vessel is taken to be on board the first vessel.  (a) the person is the owner of a vessel; and  (b) subsection (1) or (2) requires a record to be retained; and  (c) the record is not retained in accordance with this section.  (5) Subsections (1) and (2) do not apply in relation to a record if:  (a) the record was lost or destroyed; and  (b) the loss or destruction of the record was beyond the control of:  (i) the present owner of the vessel; and  (ii) if the present owner was not the owner when the record was lost or destroyed—the person who was the owner of the vessel at that time. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).