Criminal Code

Marginal note:Unseaworthy vessel and unsafe aircraft

• 251 (1) Every one who knowingly

  • (a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy

    • (i) on a voyage from a place in Canada to any other place in or out of Canada, or

    • (ii) on a voyage from a place on the inland waters of the United States to a place in Canada,

  • (b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or

  • (c) sends for operation or operates railway equipment that is not fit and safe for operation

  and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Defences

  (2) An accused shall not be convicted of an offence under this section where the accused establishes that,

  • (a) in the case of an offence under paragraph (1)(a),

    • (i) the accused used all reasonable means to ensure that the vessel was seaworthy, or

    • (ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;

  • (b) in the case of an offence under paragraph (1)(b),

    • (i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or

    • (ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and

  • (c) in the case of an offence under paragraph (1)(c),

    • (i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or

    • (ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.

• Marginal note:Consent of Attorney General

  (3) No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.