No vessel to go to sea unless officers have prescribed certificates

(1) No person shall permit a vessel to proceed on a voyage unless the master, the mate and the engineer of the vessel, if any of those persons be required, possesses a valid certificate of competency or a special certificate of service. (2) A person who proceed on a voyage, or attempts to proceed on a voyage without possessing a certificate as required 18 by sub-section (1), commits an offence and is liable on summary conviction to a fine of one thousand dollars. (3) The owner of a vessel who permits a master, or a mate or an engineer to proceed on a voyage without assuring him or herself that the person possesses the certificate referred to in sub-section (1), commits an offence and is liable on summary conviction to a fine of one thousand dollars for each offence committed. (4) The onus of proof will be on the owner of a vessel to show that a master, a mate or an engineer proceeding on a voyage possesses a valid certificate as required by sub-section (1). (5) For the purposes of sub-section (4), where the vessel is not registered or the owner of the vessel cannot be ascertained, the person in charge of the vessel at the material time shall be deemed to be the owner. (6) Where a dispute arises as to who is in control of a vessel, every person present shall be deemed to be in control of the vessel until the contrary is proved.