85Obligation to render assistance

85 Obligation to render assistance

(a) the vessel is in any waters; and

(b) the master has reason to believe that one or more persons are in distress on a vessel or in any waters; and

(c) the master does not both:

(i) cause his or her vessel to proceed as fast as practicable to the assistance of the person or persons; and

(ii) inform the person or persons that the master is doing so.

Penalty: Imprisonment for 4 years.

(a) the master of the domestic commercial vessel is unable to comply with subsection (1)(c); or

(b) in the special circumstances of the case, it is unreasonable or unnecessary for the master of the domestic commercial vessel to do so; or

(c) the master of the domestic commercial vessel is informed by the person or persons in distress, or by the master of another vessel that has reached the person or persons, that assistance is no longer necessary; or

(d) the master of the domestic commercial vessel is informed that another vessel has been requisitioned and is complying with the requisition.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3(3) of the Criminal Code).