140DUnauthorised vessel not to enter area to be avoided

#### 140D Unauthorised vessel not to enter area to be avoided (1) Where a relevant vessel (not being an exempt vessel in relation to a prescribed safety zone) enters or remains in the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel under subsection 140C(2), the owner of the vessel and the master of the vessel are each guilty of an offence punishable, on conviction, by a fine not exceeding $50,000 or imprisonment for a period not exceeding 5 years, or both. (1A) An offence against subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) It is a defence to a prosecution for an offence against subsection (1) in relation to a vessel entering, or remaining in, the area to be avoided otherwise than in accordance with an authorization in force in respect of the vessel if the person charged satisfies the court that: (a) an unforseen emergency rendered it necessary for the vessel to enter or remain in the area in order to attempt to secure the safety of the vessel, of another vessel, of any well, pipeline, structure or equipment or of human life; or (b) the vessel entered or remained in the area in circumstances not under the control of the person who was in charge of the navigational watch of the vessel. > Note: A defendant bears a legal burden in relation to the matter in subsection (2), see section 13.4 of the Criminal Code.