#### 386B Unacceptable blood alcohol content (1) If a master or seaman has, while on board a ship, a blood alcohol content that equals or exceeds the specified limit, that person is guilty of an offence against this section. Penalty: Imprisonment for 6 months. (1A) An offence under subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) The specified limit of blood alcohol content is: (a) in the case of a master or of a seaman while on duty—.04 grams of alcohol per 100 millilitres of blood; or (b) in the case of a master or seaman, on board the ship but not on duty—.08 grams of alcohol per 100 millilitres of blood. (3) The blood alcohol content of a person’s blood may be determined: (a) by a test of the person’s breath by an approved operator using a breath analysis machine in a manner prescribed; or (b) by an examination of the person’s blood or urine by an approved laboratory.

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