181Obligation to render assistance

181 Obligation to render assistance

(1) The master of a vessel contravenes this subsection if: (a) the vessel is at sea; and (b) the master has reason to believe that one or more persons are in distress at sea; and (c) the master does not both: (i) cause the 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. (2) Subsection (1) does not apply if: (a) the master is unable to comply with paragraph (1)(c); or (b) in the special circumstances of the case, it is unreasonable or unnecessary for the master to comply with paragraph (1)(c); or (c) the master of the vessel is informed by the person or persons in distress, or by the master of another vessel, that assistance is no longer necessary; or (d) the master is informed that another vessel has been requisitioned and is complying with the requisition. Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 4 years.

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