INTRODUCTION AND BRIEF DESCRIPTION
This section allows certain individuals to act as master, mate or engineer on a vessel without being prevented by an order made under subsection (1) or (2).
SECTION WORDING
259(3) No order made under subsection (1) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is required to carry officers holding certificates as master, mate or engineer.
EXPLANATION
Section 259(3) of the Criminal Code of Canada is a provision that provides an exception to a court order that prohibits a person from acting as a master, mate, or engineer of a vessel. This section is critical in ensuring the effective operation of vessels that require officers holding certificates to oversee their operations. Subsections (1) and (2) of section 259 allow a court to make an order prohibiting a person from acting as a master, mate, or engineer of a vessel if they have been convicted of an offense related to the operation, safety, or security of a vessel. Such an order can last for a specific period, indefinitely, or until the person meets certain conditions. However, subsection (3) of section 259 provides an exception to such court orders. It states that no order made under subsections (1) or (2) shall prevent any person from acting as a master, mate, or engineer of a vessel that is required by law to carry officers holding certificates as master, mate, or engineer. This means that a person who has been prohibited from operating a vessel may still do so if they hold the required certifications or licenses, regardless of any court orders against them. The purpose of this subsection is to ensure that vessels are operated safely and efficiently. Many vessels, such as commercial ships, require officers holding proper certifications to oversee their operations. Without such officers, the vessel's safety and effectiveness could be compromised, endangering the crew, cargo, and the environment. Therefore, section 259(3) allows persons who hold the required certifications to work on vessels, even if they have been previously barred from doing so due to a court order, as the safety of the vessel is paramount. In conclusion, section 259(3) of the Criminal Code of Canada provides an exception to court orders prohibiting a person from acting as a master, mate, or engineer of a vessel. This section safeguards the safety of vessels that require officers holding certificates to oversee their operations while also ensuring that individuals who hold the required certifications can continue to work in their profession.
COMMENTARY
Section 259(3) of the Criminal Code of Canada deals with the prohibition of certain persons from operating a vessel as a master, mate, or engineer and the exceptions to this rule. The provision makes it clear that any order made under subsection (1) or (2) of the section shall not prevent a person from operating a vessel as a master, mate, or engineer if the vessel requires officers holding certificates. This section is an essential part of Canadian criminal law, and it is designed to ensure public safety when it comes to navigating vessels in Canadian waters. The Criminal Code of Canada is the primary legal instrument through which Parliament creates and enforces criminal laws in Canada. In this sense, section 259(3) is a crucial tool for the government to regulate and control the people who operate vessels in Canadian waters. Subsection (1) of section 259 states that a person who has been convicted of an offence under Part I of the Criminal Code of Canada is prohibited from operating vessels for a specified period. This prohibition applies to the operation of pleasure vessels, commercial vessels, and any other types of boats that require a master, mate, or engineer. The period of prohibition depends on the nature of the offence, and it can range from one year to life. Subsection (2) of section 259 provides that a person who is subject to an order under section 810.1 or 810.2 of the Criminal Code of Canada may be prohibited from operating a vessel for a specified period. Such orders are typically known as "peace bonds," and they are issued by a court to prevent someone from causing harm to others. The period of prohibition may vary depending on the seriousness of the alleged offence. In both cases, subsections (1) and (2), the prohibition applies to the person operating the vessel as a master, mate, or engineer. However, section 259(3) provides an important exception to this rule. If the vessel requires officers holding certificates, the order made under subsection (1) or (2) shall not prevent the person from operating the vessel as a master, mate, or engineer. The reason for this exception is that vessels that require officers holding certificates are generally larger and more complex than other types of vessels. They are often used for commercial or industrial purposes, and their operation requires specialized knowledge and training. By exempting these vessels from the prohibition, section 259(3) ensures that these vessels can continue to operate safely and efficiently. It is noteworthy that section 259(3) does not exempt all vessels from the prohibition. Instead, it only provides an exception for vessels that require officers holding certificates. This means that a person who is subject to an order under subsection (1) or (2) cannot operate smaller vessels that do not require specialized officers, such as pleasure crafts or fishing boats. In conclusion, section 259(3) of the Criminal Code of Canada is an important provision that balances the need to protect public safety with the need to ensure the efficient operation of vessels in Canadian waters. It exempts vessels that require officers holding certificates from the prohibitions under subsections (1) and (2) of section 259, thus allowing these vessels to continue to operate safely and efficiently. However, the provision does not exempt all vessels, which means that people who are subject to orders under subsections (1) and (2) may not operate smaller vessels that do not require specialized officers. Overall, section 259(3) has been an important addition to the Canadian criminal law, as it ensures the safety of Canadian waters while taking into account the practical realities of vessel operation in Canada.
STRATEGY
The Criminal Code of Canada is a crucial legal framework for governing the conduct of individuals in Canada. Section 259(3) of the Criminal Code of Canada is particularly important in the maritime industry because it determines the rights and restrictions placed on individuals who have been convicted of impaired driving related offences. This section of the law is especially critical for vessels that require officers holding certificates as master, mate, or engineer. One of the most significant strategic considerations when dealing with this section of the Criminal Code of Canada is the need to maintain the safety and efficiency of maritime operations. The primary goal of this section of the law is to prevent individuals who have been convicted of impaired driving from operating vessels that require officers holding certificates as master, mate, or engineer, as doing so would pose significant risks to the safety of passengers and crew onboard. This is why it is important to carefully consider the potential consequences of operating vessels with individuals who have been convicted of impaired driving. There are several strategies that could be employed when dealing with this section of the Criminal Code of Canada. One strategy could be to implement strict policies around hiring practices and employee screening processes to ensure that individuals who hold certificates as master, mate, or engineer do not have any impaired driving-related convictions on their record. This could be done by conducting criminal record checks on potential employees and verifying the authenticity of their certificates. Another strategy that could be employed is to educate employees on the implications of impaired driving in the maritime industry. This could be achieved by offering training courses and workshops that explain the risks associated with impaired driving and the potential consequences that employees could face if they are caught operating a vessel while under the influence of drugs or alcohol. This approach would allow employees to better understand the importance of maintaining a safe and sober workplace and the importance of complying with the law. Finally, it is critical to ensure that employees who have been convicted of impaired driving-related offences are aware of the restrictions placed on them by this section of the Criminal Code of Canada. This includes the prohibition against operating vessels that require officers holding certificates as master, mate, or engineer. Employers should ensure that employees are aware of the potential legal consequences of violating this section of the law and should outline the steps that employees can take to regain their right to operate vessels in the future. In conclusion, Section 259(3) of the Criminal Code of Canada is a crucial legal framework that governs the conduct of individuals in the maritime industry. To ensure the safety and efficiency of maritime operations, it is critical to carefully consider the potential consequences of operating vessels with individuals who have been convicted of impaired driving. Employers should implement strict policies around hiring practices, educate employees on the implications of impaired driving, and ensure that employees who have been convicted of impaired driving-related offences fully understand the restrictions placed on them by this section of the law.