(c) respecting the qualifications, including medical fitness, degree of knowledge, skill, training and experience, that an applicant for any type or class of certificate must meet;

    (c.1) respecting the training of seafarers who are not holders of a certificate;

30. (1) Subsections 111(3) to (6) of the Act are replaced by the following:

Certificates in first grade

(3) In the first grade, certificates may be granted as follows:

    (a) certificate for ships endorsed for sailing ships;

    (b) certificate for ships endorsed for fore- and-aft rigged sailing ships; and

    (c) certificate for ships other than sailing ships .

Other grades

(4) In the other grades, certificates may be granted for the following classes:

    (a) ship in excess of three hundred and fifty tons gross tonnage;

    (b) ship not in excess of three hundred and fifty tons gross tonnage;

    (c) ferry;

    (d) tug;

    (e) sailing ship; and

    (f) fore-and-aft rigged sailing ship.

Rank of classes

(5) The classes mentioned in subsection (4) rank according to the order stated for ships, so that

    (a) the lawful holder of a ship certificate is entitled to all the rights and privileges of a holder of a certificate in a lower class of ships ;

    (b) the lawful holder of a certificate for sailing ships is entitled to all the rights and privileges of a holder of a certificate for fore-and-aft rigged sailing ships; and

    (c) the certificate for a ferry is valid on this class of vessel only and on the waters described in the certificate.

Prior certificates

(6) A certificate for a ship, other than a sailing ship , of under one hundred and fifty tons gross tonnage in force on August 14, 1956 is deemed to be the equivalent of a certificate described in paragraph (4)(b), and the holder is entitled on the surrender of the certificate to be granted a certificate as described in that paragraph.

(2) Section 111 of the Act, as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in conse quence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is repealed.

31. Subsection 112(2) of the Act is re placed by the following:

Citizens of other countries

(2) Notwithstanding anything in this Part, regulations made pursuant to subsection (1) may provide for the issue of certificates to persons who are not Canadian citizens or permanent residents within the meaning of the Immigration Act.

32. The portion of subsection 116(1) of the Act before paragraph (a) is replaced by the following:

Certificates of service

116. (1) Every Canadian citizen and perma nent resident within the meaning of the Immigration Act who

33. The portion of section 118 of the Act after paragraph (c) is replaced by the following:

is entitled, according to that person's service and the waters served in, to either a foreign- going or home-trade certificate of service as master or mate of a ship exceeding ten tons gross tonnage.

34. (1) Subsection 122(1) of the Act is replaced by the following:

Contents of certificate

122. (1) The certificates that the Minister may grant to first, second, third or fourth class engineers may specify whether they entitle the holder to act as engineer in ships fitted with steam engines or in ships fitted with internal combustion or motor engines, or in both types of ships , and where any certificate so specifies the type of engine, it is not valid with any other type of engine.

(2) Subsection 122(3) of the Act is re pealed.

35. Subsection 124(2) of the Act is re placed by the following:

Open only to Canadian citizens and permanent residents

(2) Examinations for certificates of compe tency as masters, mates or engineers shall be open only to persons who are Canadian citizens or permanent residents within the meaning of the Immigration Act.

36. Section 127 of the Act is replaced by the following:

Provision for instruction

127. The Minister may, from time to time, take such measures as the Minister considers fit to provide facilities to enable applicants for certificates under this Part to receive such instruction or information as may enable them to meet the qualifications prescribed by this Part and any regulations made under this Part in respect of those certificates.

37. Subsection 130(1) of the Act is re placed by the following:

Certificates to be produced to customs

130. (1) The master of every Canadian foreign-going ship shall produce to every officer of customs in Canada to whom the master applies for a clearance of that ship on any voyage the certificates of competency or service that under this Act the master and the ship's mates and engineers are required to possess.

38. Paragraph 151(c) of the Act is re placed by the following:

    (c) provide means for securing the presence on board at the proper times of seafarers who are engaged, when requested to do so, the expense of that service to be defrayed by the master, owner or agent of the ship requiring the presence of seafarers on board;

39. Paragraph 165(2)(c) of the Act is replaced by the following:

    (c) the number and description of the crew, specifying how many are engaged in deck duties ;

40. Section 170 of the Act is replaced by the following:

Certificate from shipping master

170. A shipping master shall, in the case of any ship, on all the requirements of this Part being complied with to the shipping master's satisfaction, give to the master of the ship a certificate to that effect or to the effect that the agreement with the crew is in the shipping master's office partially signed, waiting for the engagement of a portion of the crew, as the case may be, and shall specify in the certifi cate

    (a) the class of ship to which the ship belongs;

    (b) the ship's method of propulsion;

    (c) the ship's gross and register tonnage; and

    (d) particulars of the ship's employment.

41. Paragraph 203(1)(a) of the Act is replaced by the following:

    (a) they are not subject to attachment or arrestment from any court, unless the attachment or arrestment is in respect of the garnishment or attachment of wages for the purpose of enforcing a support provision as defined in section 2 of the Family Orders and Agreements Enforcement Assistance Act;

R.S., c. 27 (1st Supp.), s. 203; 1992, c. 51, s. 62

42. Sections 205 and 206 of the Act are replaced by the following:

Seafarer or apprentice may sue for wages in summary manner

205. (1) A seafarer or apprentice or a person duly authorized on their behalf may, as soon as any wages due to the seafarer or apprentice not exceeding $250 become payable, sue for them, in a summary manner, before

    (a) any judge of the Court of Quebec or Superior Court of the Province of Quebec;

    (b) any judge of the Ontario Court (General Division);

    (c) any judge of the Supreme Court of Nova Scotia or British Columbia;

    (d) any judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland;

    (e) any judge of the Court of Queen's Bench of New Brunswick, Manitoba, Saskatche wan or Alberta;

    (f) any judge of the Supreme Court of the Yukon Territory or the Northwest Territo ries; or

    (g) any provincial court judge or any justice of the peace acting in or near the place where

      (i) the seafarer's or apprentice's service was terminated,

      (ii) the seafarer or apprentice has been discharged, or

      (iii) any master or owner or other person on whom the claim is made is or resides.

Order is final

(2) An order made by a judge or justice of the peace in respect of a claim referred to in subsection (1) is final.

Summons for master or owner

(3) The judge or justice of the peace to whom a complaint on oath is made by a seafarer or apprentice, or on their behalf, may summon the master or owner or other person to appear and to answer the complaint.

Order for payment

206. (1) On appearance of the master or owner or other person on whom a claim is made, the judge or justice of the peace may examine on oath the parties and their respec tive witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.

Non-
appearance of master or owner

(2) Where the master, owner or other person does not appear, then, on due proof of the master or owner or other person having been duly summoned, the judge or justice of the peace may examine on oath the complainant and the complainant's witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.

R.S., c. 27 (1st Supp.), s. 203

43. Subsection 207(1) of the Act is re placed by the following:

Warrant for distress

207. (1) Where an order made pursuant to section 206 is not obeyed within twenty-four hours after the making thereof, the judge or justice of the peace may issue a warrant to levy the amount of the wages awarded by distress and sale of the goods and chattels of the person on whom the order is made, together with all the charges and expenses incurred by the seafarer or apprentice in the making and hearing of the complaint, and all costs, charges and expenses incurred in con nection with the distress and levy, and the enforcement of the order.

R.S., c. 27 (1st Supp.), s. 203

44. Section 208 of the Act is replaced by the following:

Levy on ship

208. Where sufficient distress cannot be found, the judge or justice of the peace may cause the amount of the wages and costs, charges and expenses to be levied on the ship in respect of which the wages were earned, or on the ship's tackle and apparel.

R.S., c. 27 (1st Supp.), s. 203

45. Paragraph 209(1)(c) of the Act is replaced by the following:

    (c) where any judge or justice of the peace , acting under the authority of this Act, refers the claim to the court; or

R.S., c. 27 (1st Supp.), s. 203

46. Section 210 of the Act is replaced by the following:

No costs where suit brought unnecessarily

210. Where any suit for the recovery of a seafarer's or apprentices's wages is instituted against any ship or the master or owner of a ship in the Admiralty Court, and it appears to the Court, in the course of the suit, that the plaintiff might have had as effectual a remedy for the recovery of wages by complaint to a judge or justice of the peace under this Part, the judge shall certify to that effect. On such a certification being made , no costs shall be awarded to the plaintiff.

47. Subsection 214(1) of the Act is re placed by the following:

Property of deceased seafarers

214. (1) Where a seafarer or apprentice belonging to a Canadian ship dies outside Canada during a voyage, the master of the ship shall take charge of any money or effects belonging to the seafarer or apprentice that are on board the ship.

48. Section 239 of the Act is replaced by the following:

Injuring or obstructing machinery, crew, etc.

239. Every person on board a ship who, without reasonable excuse, does or causes to be done anything in such manner as to obstruct or injure any part of the machinery or tackle of the ship , or to obstruct, impede or molest the crew, or any of them in the navigation or management of the ship or otherwise in the execution of their duty on or about the ship , is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 .

49. The Act is amended by adding the following before section 241:

Master of ship maintaining discipline

240.1 The master of a ship on a voyage is justified in using as much force as that person believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the ship.

50. Subsection 247(1) of the Act is re placed by the following:

General offences against discipline

247. (1) A seafarer or an apprentice who does any of the following in respect of a Canadian ship, in this Act referred to as ``offences against discipline'', commits an offence and is liable, on summary conviction, to the following punishment :

    (a) if the seafarer or apprentice quits the ship without leave after the ship's arrival at the port of delivery and before the ship is placed in security, the seafarer or appren tice is liable to forfeiture out of wages of a sum not exceeding one month's pay;

    (b) if the seafarer or apprentice wilfully disobeys any lawful command, the seafarer or apprentice is liable to forfeiture out of wages of a sum not exceeding two days pay;

    (c) if the seafarer or apprentice continues to wilfully disobey lawful commands or the seafarer or apprentice continues to wilfully be in neglect of duty, the seafarer or apprentice is liable to forfeiture out of wages , for every twenty-four hours contin uance of that disobedience or neglect, of a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute;

    (d) if the seafarer or apprentice assaults the master or any mate or certificated engineer of the ship, the seafarer or apprentice is liable to imprisonment for a period not exceeding three months;

    (e) if the seafarer or apprentice combines with any of the crew to disobey lawful commands to neglect duty or to impede the navigation of the ship or the progress of the voyage, the seafarer or apprentice is liable to imprisonment for a period not exceeding three months;

    (f) if the seafarer or apprentice wilfully damages the ship or steals or wilfully damages any of the ship's stores or cargo, the seafarer or apprentice is liable to forfeiture of wages of a sum equal to the loss sustained and to imprisonment for a period not exceeding three months;

    (g) if the seafarer or apprentice causes loss or damage to the master or owner of the ship as a result of any act of smuggling for which the seafarer or apprentice is convicted, the seafarer or apprentice is liable to pay to that master or owner a sum sufficient to reim burse the loss or damage, and the whole or a proportionate part of the seafarer's or apprentice's wages may be retained in satisfaction or on account of that liability, without prejudice to any other remedy; and

    (h) if the seafarer or apprentice aids or procures a person to stow away on the ship, for which that person is afterwards con victed, the seafarer or apprentice is liable to imprisonment for a period not exceeding six months and to pay to the master or owner of the ship a sum sufficient to reimburse any expenses occasioned to that master or owner in respect of that stowaway, and the whole or a proportionate part of the seafar er's or apprentice's wages may be retained in satisfaction or on account of that liability, without prejudice to any other remedy.

51. Paragraph 267(a) of the Act is re placed by the following:

    (a) of a ship registered in any Common wealth country whose crew is discharged in Canada, and