190AAlterations etc. of ships and cancellation of certificates

#### 190A Alterations etc. of ships and cancellation of certificates (1) If: (a) a certificate has been issued under Division 2 or Division 2B in respect of a ship; and (b) the ship’s hull, equipment or machinery, or part of the ship’s hull, equipment or machinery: (i) is altered, replaced or damaged so that the ship’s seaworthiness or efficiency is affected; or (ii) becomes inefficient for some other reason; written notice of the alteration, replacement, damage or inefficiency must forthwith be given to the person prescribed in the form prescribed. (1A) If: (a) a notice is required to be given under subsection (1); and (b) such notice is not given; the master and the owner of the ship are each guilty of an offence in respect of each day during which the notice is not given (including the day on which the person is convicted under this subsection or any subsequent day). Penalty: $1,000. (1B) An offence under subsection (1A) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) Where the Authority has reason to believe that: (a) the report of a surveyor in respect of a ship was fraudulently or erroneously made or obtained; (b) a certificate has been issued under Division 2 or Division 2B in respect of a ship upon false or erroneous information; (c) since the last declaration of survey was made in respect of a ship, the hull, equipment or machinery, or a part of the hull, equipment or machinery, of the ship has been altered, replaced or damaged in a manner which affects the ship’s efficiency or seaworthiness or has become otherwise inefficient; or (d) the owner of a ship has failed to comply with section 193 in respect of the ship; it may cancel any certificate issued in respect of the ship under Division 2 or Division 2B or detain the ship until it is satisfied that the ship can proceed to sea without danger to its crew or passengers. (3) Where the Authority cancels a certificate issued in respect of a ship under Division 2 or Division 2B, the certificate is of no force or effect after the Authority has given notice in writing of the cancellation to the owner, agent or master of the ship. (4) Where a certificate issued in respect of a ship under Division 2 or Division 2B has expired or been cancelled, the Authority may require the owner or master of the ship to deliver up the certificate to the Authority or to such other person as the Authority directs, and the Authority may detain the ship until the requirement is complied with.