(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 ).